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Home My WebLink AboutSupplement 13 L TABLE OF CONTENTS Page Officials of the City at the Time of this Codification iii Preface v Adopting Ordinance ix Checklist of Up-to-Date Pages [1] PART I CHARTER Charter CHT:1 Art. I. [General Provisions] CHT:5 Art. II. General Powers CHT:7 Art. III. Elected Officers, Qualifications and Terms CHT:8 Art. IV. The Mayor, Powers and Duties CHT:9 Art. V. The City Council, Organization and Powers CHT:9 Art. VI. City Manager CHT:9 Art. VII. City Attorney CHT:10 Art. VIII. City Clerk CHT:10 Art. IX. City Tax Assessor CHT:10 Art. X. City Tax Collector CHT:10 Lof Art.XL 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 (be 1. General Provisions CD1:1 Supp.No. 13 xl CAPE CANAVERAL CODE j 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 Div. 3. Code Enforcement Citations CD2:21 Art. VII. Travel Reimbursement Policies and Proce- dures CD2:26 3-5. Reserved CD3:1 6. Alcoholic Beverages CD6:1 Art. I. In General CD6:3 Art. II. Operation of Establishments CD6:3 Art. III. Possession and Consumption CD6:4 Div. 1. Generally CD6:4 Div. 2. Motor Vehicles CD6:4 7-9. Reserved CD7:1 10. Amusements and Entertainments CD10:1 Art. I. In General CD10:3 Art. II. Amusement Device Code CD10:3 Art. III. Outdoor Entertainment CD10:3 Div. 1. Generally CD10:3 Div. 2. Permit CD10:4 Art. IV Sexually Oriented Business and Adult Enter- tainment Establishments CD10:6 Art. V. Slot Machines or Devices CD10:45 11-13. Reserved CD11:1 14. Animals CD14:1 Art. I. In General CD 14:3 Supp.No. 13 xli TABLE OF CONTENTS--Cont'd. L Chapter Page Art. II. County Animal Control Ordinance CD14:3 Art. III. Sea Turtles CD14:3 15. Reserved CD15:1 16. Businesses CD16:1 Art. I. In General CD16:3 Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3 Div. 1. Generally CD16:3 Div. 2. Permit CD16:3 Art. III. Motion and Still Photography Production Per- mits CD16:5 17. Reserved CD17:1 18. Civil Emergencies CD18:1 19-21. Reserved CD19:1 22. Community Development CD22:1 Art. I. In General CD22:3 Art. II. Business and Cultural Development BoardCD22:3 Art. III. Community Appearance Review CD22:4 23-25. Reserved CD23:1 26. Elections CD26:1 27-29. Reserved CD27:1 30. Emergency Services CD30:1 Art. I. In General CD30:3 Art. II. Alarm Systems CD30:3 31-33. Reserved CD31:1 34. Environment CD34:1 Art. I. In General CD34:3 Art. II. Litter CD34:3 Div. 1. Generally CD34:3 Div. 2. Handbills CD34:5 Div. 3. Reserved CD34:6 Art. III. Property Maintenance Standards CD34:6 Art. IV. Weeds and Dead Vegetation CD34:11 Art. V. Noise CD34:13 Art. VI. Abandoned Property CD34:14 Art. VII. Lights CD34:19 App. A. Diagram CD34:20 35-37. Reserved CD35:1 38. Fire Prevention and Protection CD38:1 Art. I. In General CD38:3 Art. II. Fire Prevention Codes CD38:6 Art. III. Fire Department CD38:7 Art. IV. Fireworks CD38:8 Supp.No. 13 xiii CAPE CANAVERAL CODE j 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 CD54:3J 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 J Supp.No. 13 xiV TABLE OF CONTENTS-Cont'd. L Chapter Page Art. IV. Improvements CD98:15 Div. 1. Generally CD98:15 Div. 2. Design Standards CD98:18 99-101. Reserved CD99:1 102. Vegetation CD102:1 Art. I. In General CD102:3 Art. II. Tree Protection CD102:3 Div. 1. Generally CD102:3 Div. 2. Land Clearing CD102:3 103-105. Reserved CD103:1 106. Waterways CD106:1 Art. I. In General CD106:3 Art. II. Wetlands Protection CD106:3 107-109. Reserved CD107:1 110. Zoning CD110:1 Art. I. In General CD110:7 Art. II. Board of Adjustment CD110:14 Div. 1. Generally CD110:14 Div. 2. Special Exceptions CD110:16 Div. 3. Variances CD110:18 Art. III. Administration and Enforcement CD110:20 Div. 1. Generally CD110:20 Div. 2. Permits CD110:21 Div. 3. Certificate of Occupancy CD110:22 Div. 4. Amendments and Rezonings CD110:23 Art. W. 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 Supp.No. 13 xvii CAPE CANAVERAL CODE j Chapter Page Div. 2. Offstreet Parking CD110:64.10 Div. 3. Offstreet Loading CD110:64.12 Div. 4. Home Occupations CD110:64.12 Div. 5. Setbacks CD110:65 Div. 6. Vehicles and Vessels CD110:67 Div. 7. Landscaping and Vegetation CD110:70 Div. 8. Swimming Pools CD110:71 111-114. 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 J Supp.No. 13 xviii L 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. (kW *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 CODEJ 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 'No) 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 (owADMINISTRATION §2-217 charges, to such a degree as may be necessary to Purchase order means a unilateral instrument keep expenditures within the income. issued by the city ordering supplies, services, or (Laws of Fla., ch. 63-1197, art. XVII, § 7) construction which becomes a contract by the State law reference—Deposit of funds, F.S. §§ 215.85, other party through formal acceptance or by per- 658.98. formance. Secs. 2-207-2-215. Reserved. Services means and includes all personal and nonpersonal services, utilities, insurance, leases for real and personal property, rental, repairs, DIVISION 2. PURCHASING* and maintenance of real or personal property.The term shall not include professional services. Sec. 2-216. Definitions. (Ord. No. 9-93, § 3(205.01), 5-18-93) Cross reference—Definitions and rules of construction The following words, terms and phrases,when generally, § 1-2. used in this division, shall have the meanings ascribed to them in this section, except where the Sec. 2-217. Purpose. context clearly indicates a different meaning: The city shall purchase supplies, services and Bid means a formal written and sealed re- construction utilizing competitive purchasing meth- sponse to a formal advertisement for specified ods as defined in this division, except to the requirements. extent the laws of the state or of the United States Bidder means an offeror who submits a bid or of America preempt this division or any of its proposal to the city. provisions. Except as otherwise provided in this division, contract awards shall be made to the Blanket purchase order means a continuing lowest responsible bidder. In determining the purchase order designed to capture cumulative lowest responsible bidder, the city shall consider, transactions to reduce the administrative costs of in addition to price: placing recurrent orders with an established ven- dor. (1) The ability, capacity and skill of the bid- der to perform the contract; Construction means and includes all improve- ments to real property. (2) Whether the bidder can perform the con- tract within the time specified; Contract means a mutually binding legal rela- tionship between the city and another party obli- gating (3) The character and integrity, reputation, gating the other party to furnish supplies, ser judgement, experience and efficiency of vices or construction to the city and the city to pay the bidder; for them. It includes all types of commitments (4) The quality of performance of previous that obligate the city to an expenditure of funds, contracts by the bidder; and that, except as specifically provided in this division, are in writing. Contracts include bilat (5) Compliance by the bidder with require eral instruments, purchase orders, contract mod ments of the invitation for bid or request ifications and orders under blanket purchase or for proposal; ders. (6) Previous and existing compliance by the Proposal means an offer submitted to the city bidder with laws and ordinances relating in response to a city request for proposals which to the contract; permits persons to offer, at least in part, the (7) The sufficiency of the financial resources method or manner of contract performance or to of the bidder; specify alternatives to the stated city require- ments. (8) The quality, availability and adaptability (ible of the supplies,services or construction to *Cross reference—Officers and employees,§2-91 et seq. the particular use required; Supp. No. 10 CD2:13 §2-217 CAPE CANAVERAL CODE (9) The ability of the bidder to perform any the public notices inviting bids or propos- warranty obligations called for by the als.Unsuccessful bidders shall be entitled contract; and to the return of surety where the city has (10) The number and scope of conditions at- required such. A successful bidder shall tacked to the bid or proposal by the bid forfeit any surety required by the city der. upon failure to enter into a contract upon (Ord. No. 9-93, § 3(205.03), 5-18-93) the terms contained in the bidder's bid or proposal within ten days after the award. Sec. 2-218. Procedure. (4) Bid opening. Bids and proposals shall be submitted sealed to the city and shall All purchases by the city, except as otherwise identify the city invitation for bid or re provided in this division,when the estimated cost quest for proposal number on the outer thereof shall exceed $20,000.00, shall be pur envelope.Bids and propoals shall be opened chased by formal written bilateral contract from at the time and place stated in the public the lowest responsible bidder after due notice notice.A tabulation of all bids and propos inviting bids or proposals. als received shall be posted for public (1) Notice. Notice inviting bids or proposals inspection on the bulletin board in the shall be published in at least one official city hall. newspaper with general circulation in the (5) Rejection of bids. The city shall have the county at least five days preceding the authority to reject all bids or proposals last day set for the receipt of proposals. when the public interest will be served The newspaper notice required shall in thereby. The city may reject the bid or dude a general description of the sup proposal of a bidder when: plies, services or construction to be pur- chased and shall state where bid blanks a. The bid or proposal does not conform and specifications may be secured and the to the technical specifications; time and place for opening bids. The city b. The bid or proposal is facially non- shall also advertise pending purchases by conforming as to acceptable materi- a notice posted on the public bulletin als and components or services; or board in city hall. c. The bid materially and substantially (2) City bidders list. The city shall also solicit differs from the invitation for bids or bids or proposals from all responsible pro- request for proposals. spective bidders whose names appear on the bidders list maintained by the city. (6) Ineligible contractors. The city shall not The city shall send a copy of the newspa solicit or accept the bid or proposal of a per notice described in subsection (1) of contractor who is in the default of pay- this section to each bidder whose name ment of taxes,license fees or other monies appears on the city bidders list. The city due the city. shall mail the notices as aforesaid only to (7) Award to other than low bidder. When the those bidders who ordinarily provide sup- award is not made to the lowest bidder, a plies, services or construction similar in full and complete statement of the rea- character to those called for by the invi- sons for placing the contract elsewhere tation for bids or request for proposals. shall be prepared by the city and filed Prospective bidders may have their names with other documents relating to the in- added to the city bidders list in accor- vitation for bids or request for proposals. dance with procedures to be adopted by (8) Tie bids. If all bids or proposals received the city manager. are for the same total amount or unit (3) Bid deposits. When deemed necessary by price, quality and services being equal, the city,bid deposits shall be prescribed in the contract shall be awarded to any bid- Supp. No. 10 CD2:14 L Chapter 26 ELECTIONS* Sec. 26-1. State election code adopted. Sec. 26.2. Penalties for violations. Sec. 26-3. Qualifying period—Generally. Sec. 26-4. Same—Write-in candidates. *Cross reference—Election of the city council, §2.26. State law reference—Florida election code, F.S.chs. 97-106. CD26:1 J (111100 ELECTIONS §26-4 Sec. 26-1. State election code adopted. The state election code, F.S. chs. 97-106, is adopted as the procedure for conducting munici- pal elections within the city.The duties,authority and responsibility of state and county officers, board and bodies set forth in the state election code shall apply to the corresponding municipal entities in the conduct of municipal elections. (Code 1981, § 211.01) Sec. 26-2. Penalties for violations. All penalties for violations as provided in the state election code adopted in this chapter are specifically adopted as the penalties for violations of such code as they pertain to municipal elections conducted within the city. (Code 1981, § 211.02) Sec. 26-3. Qualifying period—Generally. The qualifying period for candidates for the offices of the mayor and city council shall be at any time after 12:00 noon of the 74th day prior to the general election and no later than 12:00 noon of the 60th day prior to the date of the general election. (Code 1981, § 211.04; Ord. No. 10-2002, § 1, 6-4-02) Sec. 26-4. Same—Write-in candidates. The qualifying period for write-in candidates for the offices of the mayor and city council shall be at any time after 12:00 noon of the 63rd day prior to the date of the general election and no later than 12:00 noon of the 60th day prior to the date of the general election. (Code 1981, § 211.05; Ord. No. 10-2002, § 2, 6-4-02) L Supp.No. 10 CD26:3 J L Chapter 40 HUMAN RELATIONS Article I. In General Secs. 40-1-40-25. Reserved. Article II. Human Rights Sec. 40-26. Findings. Sec. 40-27. Discrimination prohibited. Sec. 40-28. Penalty;remedies. Sec. 40-29. Exemptions. Sec. 40.30. Notice. L L CD40:1 J J (be HUMAN RELATIONS § 40-29 ARTICLE I.IN GENERAL Sec. 40-27. Discrimination prohibited. It shall be unlawful for any person being the Secs. 40-1-40-25. Reserved. owner, lessee, proprietor, manager, superinten- dent, agent or employee of any place of public accommodation, private club, resort, or place of ARTICLE II.HUMAN RIGHTS amusement, because of the race, creed, color, na- tional origin or sex of any person, directly or in- directly, to refuse, withhold from, or deny to such Sec. 40-26. Findings. person any accommodations, advantages, facili- (a) The city council finds and declares that the ties or privileges thereof,or,directly or indirectly, city has a compelling interest in providing that publish, circulate, issue, display, post or mail all persons, regardless of race, creed, color, na any written or printed communication, notice or tional origin, or sex, have a fair and equal oppor- tunity to participate in the business, social and modations, advantages, facilities and privileges professional life of the city,and may be unfettered of any such place shall be refused, withheld or in availing themselves of such opportunity. denied to any person on account of race, creed, color, national origin or sex or that the patronage (b) Although city, state, and federal laws have or custom thereat of any person belonging to or been enacted to eliminate discrimination,women purporting to be of any particular race,creed,color, and minority group members have not achieved national origin or sex is unwelcome,objectionable equal opportunity in business,professional life and or not acceptable, desired or solicited. society in general. One barrier to the advance- (Ord. No. 36-93, § 1(726.03), 10-19-93) (1110, ment of women and minorities in the society of the city and one cause of societal disrespect for Sec. 40-28. Penalty; remedies. women and minority groups is the discriminatory practices of certain membership organizations (a) In addition to any other remedy the city may which exploit women and minority groups as em- have at law or at equity to enforce this article, ployees,but deny women and minorities member- any person violating the provisions of this article ship opportunities.The commercial nature of some shall be subject to the penalty contained in sec- of these organizations has a prejudicial impact on tion 1-15. the business, professional, employment and soci- etal opportunities of women and minorities which (b) The provisions of this article are cumula- cannot be ignored. tive with and in addition to any other provisions of this Code dealing with the subject matter hereof. (c) The public interest in equal opportunity out- (Ord. No. 36-93, § 1(726.09, 726.11), 10-19-93) weighs the interest in private association asserted by club members. The purpose of this article is Sec. 40-29. Exemptions. not to interfere with club activities or subject club operations to scrutiny beyond what is necessary The provisions of this article shall not apply to in good faith to enforce human rights policy of the any institution, club or place of public accommo- city. This article is not intended to dictate the dation which, in its nature, is distinctly private. manner in which certain private clubs conduct An institution, club or place of public accommo- their activities or select their members, except dation shall be deemed by its nature distinctly insofar as is necessary to insure that clubs do not private if it is a nonprofit organization organized automatically exclude persons from consideration or permitted to do business under the laws of the for membership or enjoyment of club accommoda- state and is formed for any of the following pur- tions and facilities and the advantages and priv- poses: ileges of membership, on account of discrimina- L tion. (1) Religious, charitable, scientific, testing for (Ord. No. 36 93, § 1(726.01), 10-19-93) public safety,literary,educational,to foster CD40:3 § 40.29 CAPE CANAVERAL CODE Neil) national or international amateur sports competition or prevention of cruelty to chil- dren or animals. (2) Civic leagues. (3) Labor organizations. (4) Agricultural or horticultural associations. (5) Business leagues. (6) Chambers of commerce. (7) Real estate boards of trade. (8) Professional football leagues. (9) Fraternal beneficiary society orders or as- sociations operating under the lodge system and for the exclusive benefit of the mem- bers of a fraternity itself operating under the lodge system. (10) Voluntary employees beneficiary associa- tion. (11) Domestic fraternal societies, orders or as- sociations operating under the lodge system. (12) Teachers' retirement fund association. (13) Posts or organizations of past or present members of the armed forces of the United States or an auxiliary unit or society thereof. (Ord. No. 36-93, § 1(726.05), 10-19-93) Sec. 40-30. Notice. Each place of public accommodation,resort,club or place of amusement is required to post in a conspicuous part of its premises a notice that it is unlawful for any person in any place of public accommodation, resort, club or place of amuse- ment to withhold from or deny to any other person any of the accommodations, advantages, facili- ties,or privileges thereof because of the race,creed, color, national origin or sex of such other person. (Ord. No. 36-93, § 1(726.07), 10-19-93) j CD40:4 PARKS AND RECREATION §54-45 (11100" 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 the county jail for a period not exceeding 60 days, kire or both such fine and imprisonment. seven members. (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. 1 7 1 et sey. Supp. No. 12 CD54:3 §54-46 CAPE CANAVERAL CODE `4140) 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. (Ord. No. 14-95, § 1, 8-15-95) (a) The purpose of this article shall be to promote safety in and between boating, swim- Sec. 54-49. Means of enforcement. ming and other water related activities in the city. 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. Every person operating any vessel in or under Sec. 54-47. Definitions. any waters within the area of enforcement as set forth above shall do so in a careful and prudent For the purposes of this article, the following 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- ers,divers and other boats and watercraft,and all Bather means any person who is in the same other attendant circumstances so as not to endan- body of water as a vessel, whether such person is ger the life, limb or swimming,wading or engaged in any other activ- property any person. Failure to operate a vessel in such a careful and ity in the water. 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) Operate means to navigate or otherwise use Sec. 54-51. Speed not to be greater than what 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." Sec. 54-52. Designation of areas of regu- When not inconsistent with the context, words lated water activities. used in the present tense include the future, 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 as (Ord. No. 14-95, § 1, 8-15-95; Ord. No. 22-2003, areas of regulated water activities. § 2, 9-2-03) (Ord. No. 14-95, § 1, 8-15-95) Niag) 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 (itive 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) Supp. No. 12 CD54:5 PE SOLID WASTE §62-1 Sec. 62-1. Definitions. Industrial means establishments generating solid waste accumulation of metal, metal prod The following words, terms and phrases, when 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 tles, 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, (11.0e fessional and wholesale facilities, but shall not whether or not the materials require subsequent include industrial 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 supply treatment plant, or air-pollution-control present or potential hazard to human health or 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 uid, semisolid, or contained gaseous material re- aged. The term does not include human remains that are disposed of by persons licensed under sulting 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- 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 Nod 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) T iplex 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 construed to prevent the city from creating or charged shall remain liens equal in dignity with 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 Stipp. No. 12 CD62:4 SOLID WASTE §62-9 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 collet- 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. (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 idences, duplexes and triplexes shall not be per- containers in a broken condition and shall not be LW' iuitted to use industrial containers. broken in special containers. Supp. No. 12 CD62:5 62-9 CAPE CANAVERAL CODE *I) (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 clable or recoverable material. Limbs shall not required by the collector from 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- tial unit. Recyclable materials and yard trash (c) Burning or buiying of solid waste. It shall shall not be commingled with other solid waste. be unlawful for any person to bury solid waste within the city. No such solid waste shall be (e) Pickup. Each owner, resident and occupant burned within the corporate limits of the city. of any single-family residence, duplex, or triplex (d) Unlawful accumulation. It shall be unlawei) - 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 (f) Location of solid waste containers. Solid longer than four days without having arranged waste containers shall not be located in such for disposal of the accumulation by the collector to places or under such conditions as to cause un- perform such services and it shall be unlawful necessary or unreasonable offense to sightliness, and a violation of this chapter for any person, whether owner, resident, manager or occupant of cleanliness, safety or other sanitary conditions. 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 in this chapter to amply provide for any four-day property be vacant or improved,without the writ period of solid waste accumulation. Nothing con ten consent of the person having the right to tained in this section shall prevent the owner or possession and use of the neighboring property occupant, resident, manager or person responsi- No solid waste container shall be placed on any ble for the premises to remove accumulations of city right-of-way, except for immediate pickup, solid waste on their own behalf, to a proper place unless authorized in writing by the city manager of disposal. in advance. Industrial containers shall not be 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 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, ti 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 L Chapter 102 VEGETATION* Article I. In General Secs. 102-1-102-25. Reserved. Article II. Tree Protection Division 1. Generally Secs. 102.26-102-35. Reserved. Division 2. Land Clearing Sec. 102-36. Definitions. Sec. 102-37. Civil penalties. Sec. 102-38. Criminal penalties. Sec. 102-39. Permits. Sec. 102-40. Permit exemptions. Sec. 10241. Protection of trees and vegetative buffers. Sec. 102-42. Open burning of natural cover. Sec. 102-43. Revegetation. Sec. 102-44. List of recommended landscaping plants. Sec. 102-45. List of undesirable species. L 'Cross references—Code enforcement, § 2-246 et seq.; environment, ch. 34; requirements for landscape appearance and maintenance, §34-99;weeds and dead vegetation,§ 34-121 et seq.;planning,ch. 58; solid waste,ch. 62. Lie CD102:1 j VEGETATION § 102-36 L ARTICLE I. IN GENERAL Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the Secs. 102-1-102-25. Reserved. stems of a multi-stemmed tree, measured four and one-half feet above natural or finish grade. ARTICLE II. TREE PROTECTION* Dripline means an imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects the ground. DIVISION 1. GENERALLY Land clearing means the removal of vegetation from any site, parcel or lot; provided, however, it Secs. 102-26-102-35. Reserved. does not include mowing,trimming or pruning,so as to maintain vegetation in a healthy, viable condition. DIVISION 2. LAND CLEARINGt Mangrove means any specimen of the species Sec. 102-36. Definitions. Avicennia germinans (black mangrove), Laguncularia racemosa (white mangrove) or The following words,terms and phrases, when Rhizophora mangle (red mangrove). used in this division, shall have the meanings ascribed to them in this section,except where the Native vegetation means plant material indig- context clearly indicates a different meaning: enous to the city,including all those species listed Active development order means an action by in but not limited to those in section 102-44. the city approving a site development plan, final Natural cover means trees, brush, roots and kre development plan or subdivision plat or the issu- byproducts of land clearing activity. ance of a building permit or the approval of a conditional use permit for a borrow pit, commer- Recognized knowledgeable person means a per- cial borrow pit or manmade lake. son recognized by the city as being knowledgeable in the identification and evaluation of vegetative After-the-fact permit means a permit issued resources, such as a forester, biologist, ecologist, after a violation has occurred for the primary horticulturalist,landscape architect,licensed land- purpose of correcting the violation or for bringing scape contractor, certified nurseryman or person the violator into compliance with this division. having similar recognizable skills and experience. Agricultural purpose means the bona fide corn- Tree means a woody or fibrous perennial plant mercial or domestic, agricultural use of a site, with one or more upright limbs with a minimum parcel or lot which has been classified as green dbh of three inches, or a sum of dbh of three belt,pursuant to F.S. ch. 194, or the use of a site, inches for multistemmed trees and an average parcel or lot for forestry, groves, pasture, nurser mature height of at least ten feet. ies, field crops, commercial sod production or combinations of such activities or any other agri- Tree removal includes any act which physically cultural pursuits within the applicable land use removes the tree or its root system from the earth classifications or property located within the pro- or causes a tree to die or changes the natural ductive agriculture land use classification (PA). grade above or below the root system or around the trunk without special protective measures. Barricade means protection for vegetation to be preserved which is erected at the dripline and Understory means an underlying layer of low clearly visible to heavy equipment operators. native vegetation usually associated with trees. *Cross reference—Preservation of trees in all zoning districts,§ 110-568. Undesirable species means any of the species tCross reference—Solid waste,ch. 62. identified in section 102-45. L Supp.No.5 CD102:3 § 102-36 CAPE CANAVERAL CODE 1 including means any plant material, (3) Name, address and phone number of ap- but not limited to trees, shrubs, vines, herbs and plicant, if other than property owner. grasses. Vegetative communities means a natural asso- ciation of vegetative plants, including but not mence. limited to both trees and understory. Viable means having the capacity to live and (5) A dimensioned sketch plan showing the develop. location of all existing and proposed struc- (Code 1981,§657.01;Ord. No. 28-94, §3,7-19-94; tures, driveways, onsite sewage disposal facilities,water bodies, existing trees and Ord. No. 13-98, § 1, 3-17-98) Cross reference—Definitions and rules of construction vegetative communities identified by spe generally,§ 1-2. cies and size or other information as re- quired by the city. Sec. 102-37. Civil penalties. Penalties for violations of this division shall be (b) Development order. If a permit is required, as specified in F.S. ch. 162 or those listed in this no land clearing shall take place and no survey or section. No after-the-fact permits shall be issued land clearing permit shall be issued prior to the by the city to correct violations of this division. issuance of an applicable development order for Fines for illegal land clearing shall be$250.00 per the property. 100 square feet cleared. This includes failure to erect proper barricades. If protected trees are (c) Survey permit. A survey permit is required illegally removed from the site, the fine shall be for clearing for surveys and soil or engineering up to $250.00 per inch of diameter at breast testing according to the following: height per tree, in addition to the penalty of $250.00 per 100 square feet cleared. N.) (Code 1981, § 657.13) (1) Prior to any land clearing for surveying greater than five feet in width or soil or Sec. 102-38. Criminal penalties. engineering testing greater than eight feet in width with a reasonable turn- In addition to the penalties in section 102-37, around, the owner of the property pro- each violation of this division shall, upon convic- posed to be cleared or his authorized agent tion, be punished as provided in section 1-15. shall submit an application for the pro- (Code 1981, § 657.15) posed land clearing activity to the build- ing official, on such form as provided by Sec. 102-39. Permits. the city. The survey permit shall expire (a) Notice. Unless specifically exempted in this after 30 days from the date of issuance. division, it shall be unlawful for any person to The building official may grant an admin- engage in land clearing of any site, parcel or lot istrative waiver for an additional 30 days within the incorporated area of the city,without a for hardship, including adverse weather, permit and prior written notification to the build- size of property and inability to obtain ing official, pursuant to the following conditions, permits from other agencies. and supplying the city the following information, at a minimum, on a form to be provided by the (2) When a written survey permit has been city: issued,the applicant shall post the survey permit on the affected property in such a (1) Legal description of the property, includ- ing street address. manner as to be visible from an abutting road right-of-way.The survey permit shall (2) Name,address and phone number of prop- remain posted on the affected property erty owner. during all applicable land clearing activ- Supp.No.5 CD102:4 VEGETATION § 102-39 L ity. It is the responsibility of the applicant to maintain the survey permit form in a clearly visible manner at all times. (3) Prior to any land clearing, all trees to be protected shall be marked at the (hipline by the erection of barriers clearly visible to heavy equipment operators. L L Supp.No.5 CD102:4.1 J J J VEGETATION § 102-40 (1110f (d) Land clearing permit. A land clearing per- on a plot plan of the property,with ap- mit shall be required for clearing where an active proximate location of all structures,on- development order is being sought according to site disposal systems, driveways and the following: water bodies shown.The plot plan shall (1) The issuance of a land clearing permit shall depict the location, species and dbh of be required prior to land clearing after the all trees to be counted toward the land applicant has obtained an approved site scape point requirement. For those plan, subdivision approval or building per- sites of five acres or greater in size, a mit, whichever is applicable, according to recent aerial photograph,including but the following: not limited to county REDI book pho- tographs or county tax appraiser's blue a. If one or more trees three inches dbh or line maps, may be required. greater, excluding undesirable species, are to be removed from the property. b. Subdivisions, multifamily, commercial and industrial. The owner or applicant b. If 50 percent or greater or more than of a subdivision or multifamily, tom- one acre,whichever area is less, of the mercial or industrial project shall pro- existing vegetation is to be removed vide a survey of trees and vegetative from the property, excluding undesir- communities as identified by aerial able species. maps or soil survey maps and a soil (2) A land clearing permit shall expire 90 days map, at a minimum. For those sites of from the date of issuance for single-family five acres or greater in size, a recent projects and 180 days for subdivisions, aerial photograph shall be provided. multi-family, commercial and industrial (Code 1981, §657.03; Ord.No. 28-94, §4, 7-19-94) (rnie projects. Two extensions of 30 days each may be authorized by the building official, Sec. 102-40. Permit exemptions. provided appropriate justification warrants, such as unusual weather, seasonal situa- Under this division, no survey permit or land tions or inability to obtain permits from oth- clearing permit shall be required in the following er agencies. situations: (3) When a written land clearing permit has (1) The emergency removal of a dead or seri- been issued, the applicant shall post the ously damaged tree, which adversely af- land clearing permit on the affected prop- fects the health, safety and welfare of the erty in such a manner as to be visible from property owner or the general public. an abutting road right-of-way. The land clearing permit shall remain posted on the (2) If the proposed land clearing activity is reg- affected property during all applicable land ulated by a state or federal agency, which clearing activity. It is the responsibility of regulations may supersede those of the city. the applicant to maintain the land clearing (3) If the removal of vegetation has been or- permit in a clearly visible manner at all dered by the city pursuant to other sections times. of this Code and the removal conflicts with (4) Prior to the issuance of a development or- the requirements or intent of this division, der, the applicant shall provide a tree and the city manager, or his designee, shall ne- vegetative communities survey to the build- gotiate a resolution of the conflict. ing official as follows: (4) Land clearing activities on single-family res- a. Single-family residential. The proper- idential lots of one acre or less in size, one ty owner of a single-family lot shall pro- year after the issuance of a certificate of vide a tree and vegetative communi- occupancy for the single-family residence ties survey,which may be hand drawn, built upon such single-family residential lot. Supp. No. I CD102:5 § 102-40 CAPE CANAVERAL CODE j (5) The harvesting of trees for a bona fide corn- b. Where the trunk of a protected tree is mercial use, when done in accordance with located closer than five feet to the foun- silviculture best management practices. dation of the proposed structure,and it (6) A site, parcel or lot that is defined as hav is not feasible to relocate the structure. ing an agricultural or silvicultural purpose c. Where the trunk of a protected tree is under this division and the proposed land located closer than ten feet from the clearing is to be made in conjunction with foundation of the proposed structure those agricultural purposes or activities and and the tree is considered having an an active development order is not being aggressive root system or the natural sought. mature height is greater than 30 feet (Code 1981, § 657.07) and it is not feasible to relocate the structure. Sec. 102-41. Protection of trees and vegeta- d. Where the location of the tree prevents tive buffers. the direct access to the property from a publicly dedicated and maintained (a) Development size thresholds. roadway or where the tree constitutes (1) All single-family, multi-family, subdivision a hazard to pedestrian or vehicular traf- or nonresidential development, regardless fic which cannot be mitigated without of the size of the lot or parcel of land being removing the tree. Removal of the tree developed, shall be subject to this division. pursuant to this criterion shall be ex- (2) All trees preserved on-site shall receive empt from the replacement criteria in subsection (d) of this section. landscape credit as provided for by section 110-566 et seq. pertaining to landscaping. e. Where the location of the tree prevents the construction of utility lines, drain- (b) Preservation thresholds. age facilities, roadways or required (1) Protected trees. Any tree, with the excep- parking areas which cannot be practi- tion of the undesirable species listed in sec- cally relocated or rerouted or where the tion 102-45, having a diameter (dbh) of trees cannot be utilized as part of these three inches or greater shall be protected. systems. (2) Vegetative buffer areas. Where a vegetative f. Where the tree is weakened by age, buffer is required by section 110-566 et seq. storm, fire or other injury so as to pose pertaining to landscaping,any natural veg- etation within the required buffer area pur provements or other trees. Removal of a protected tree pursuant to this crite- suant to section 102-44,with the exception rion shall be exempt from the replace- of the undesirable species listed in section ment criteria in subsection (d) of this 102-45, shall be preserved. This shall in- clude preservation of the understory. section. Removal criteria. g. The tree reduces the visibility of a non- (c) residential development more than 50 (1) A protected tree, as specified in subsection percent of the lineal footage of the lot (b)of this section,may only be approved for along the roadway to which the project removal if one or more of the following cri- has primary frontage. teria are met: (2) There shall be no clearing, except hand a. Where site design modifications, as de- clearing, within the dripline of any protect- termined by a preclearing inspection, ed tree or other trees selected to be pre- are not feasible to allow the use per- served for landscaping credit.Where no na- mitted, as determined by the specific tive vegetation exists within the dripline, zoning of the property. pervious paving, bricking or any other ma- J Supp. No. 1 CD102:6 VEGETATION § 102-43 (kW' terial which does not restrict the health and (2) Inspection prior to certificate of occupancy growth of a protected or preserved tree may or certificate of completion. Prior to issu- be utilized. ance of a certificate of occupancy or certif- (3) The natural grade may not be altered with- icate of completion, a site inspection will be in the projected dripline of the tree, except conducted to ensure that no unauthorized in accordance with the state division of for- clearing has taken place and to ensure that estry tree protection manual, pages 14— all protected trees and vegetation identi- 18,or comparable accepted protective mea- fled for preservation are in place and have sures. been maintained in a viable condition. (d) Replacement criteria. Where the removal of (3) Followup inspection. A final site inspection a protected tree meets any one or more of the may be conducted one year after the issu- criteria identified in subsection(c)of this section, ance of a certificate of occupancy for single- the developer may choose one of the following op- family, multiple-family and nonresidential tions: developments to ensure that no unautho- (1) The developer shall provide one or more rized removal of protected trees and vege- native trees to replace the removed tree tation has occurred. where the total dbh of the replacements is (4) Reinspection. If trees and vegetation were equal to 100 percent of the total dbh of the not in place or not in a viable condition at tree removed, provided that the height the followup inspection,a reinspection may above soil level is at least ten feet. Replace- be conducted within 90 days to ensure that ment trees shall have a minimum of a dbh the trees and vegetation were replaced. of three inches. (f) Relocation of trees. Where trees are pro- (kW (2) The developer may relocate or transplant posed to be relocated for preservation purposes, a the protected tree elsewhere on the same land clearing permit shall be required. lot or parcel of land or public land or pri- (Code 1981, §657.05;Ord.No.28-94, §5,7-19-94) vate land within the city. (3) On a heavily wooded lot,the developer may Sec. 102-42. Open burning of natural cover. pay a fee set forth in appendix B to this Open burning of natural cover which is the re- Code for the tree removed in lieu of replace- suit of land clearing is prohibited. ment. The fee will be deposited into the (Code 1981, § 657.09) city's environmental trust fund for the ac- quisition of environmentally sensitive lands Sec. 102-43. Revegetation. and revegetation of public lands. (4) No replacement is necessary if the removal If land clearing activities take place which are is done pursuant to the criteria in subsec not consistent with this division, seeding and tion (c)(1)c., d., or f. of this section. mulching of the area shall be required and shall be completed within 30 days of the date of notifi- (e) Inspections. cation of violation by the building official. (1) Predeuelopment inspection. Prior to any (Code 1981, § 657.11) clearing activity or preparation of a site de- velopment plan or subdivision plat,the area to be cleared,as shown on the required veg- etation location survey,shall be staked and the property will be inspected to ensure the tree survey is accurate and the measures described in the application for land clear- ing permit,including but not limited to tree barricades, have been taken to protect all (kW trees and vegetation. Supp. No. 1 CD102:7 § 102-44 CAPE CANAVERAL CODE j Sec. 102-44. List of recommended landscaping plants. (a) The list of trees and plants in this section is intended to provide a guide to the developer and homeowner in selecting appropriate vegetation for proposed landscaping plans. Native vegetation is considered ideal for landscaping since these plants have become adapted to the county's particular set of climatic conditions. If natives are utilized in parallel environments to those ecosystems and in the form and size context in which they naturally occur, a long-lived and maintenance-free landscape scheme will result.The list also contains recommended species which are not native to the county but can be utilized with many of the same benefits as native plants. (b) The key to codes used in the list is as follows: (1) Community. (N) North Brevard County. (C) Central Brevard County. (S) South Brevard County. (B) Barrier Island. (2) Form and size. (ST) small tree. Average mature height of at least ten feet and less than 20 feet. (MT) medium tree. Average mature height of at least 20 feet and no greater than 60 feet. (LT) large tree. Average mature height over 60 feet. (P) Palm tree. (S) Shrub. `,400) (G) Ground cover. (V) Vine. (A)Aquatic. (3) Temperature. (+) Cold tolerant. (-) Cold intolerant. Although these species occur in the county, they are at the northern limit of their range and are suggested only for southern and eastern Brevard County in protected areas. NATIVE SPECIES Cold Botanical Name Common Name Community Tolerance (ST) Small Tree Acacia farnesiana Acacia tree N, C, S + Ardisia escallonioides Marlberry C, S - Bumelia tenax Tough buckthorn N, C, S, B + Capparis cyanophallophora Jamaica caper B - Capparis flexuosa Limber caper B - Chrysobalanus icaco Coco plum S, B - Citharexylum fructicosum Fiddlewood S, B - Coccoluba uvitera Sea grape S, B - J Supp. No. 1 CD102:8 VEGETATION § 102-44 Cold Botanical Name Common Name Community Tolerance Conocarpus erecta Buttonwood S, B - Cornus foemina Swamp dogwood N, C, S + Dodonea viscosa Varnish leaf B - L L Supp. No. 1 CD102:8.1 J VEGETATION § 102.44 L Cold Botanical Name Common Name Community Tolerance Drypetes laterifolia Guiana plum B - Eugenia axillaris White stopper C, S, B - Eugenia foetida Spanish stopper B - Exothea paniculata Inkwood B - Forestiera segregata Florida privet N, C, S, B + Guapira discolor Blolly S, B - Hamelia patens Firebrush S, B - Krugiodendron ferreum Black ironwood S, B - Laguncularia racemosa White mangrove S, B - Myrclanthes fragrens Simpson stopper N, C, S, B + Myrica cerefera Wax myrtle N, C, S, B + Myrsine floridana Myrsine C, S, B - Nectandra coriacea Lancewood C, S, B - Quercus chapmanii Chapman oak N, C, S, B + Quercus geminata Sand live oak N, C, S, B + Quercus incana Blue jack oak N, C, S + Quercus minima Dwarf live oak N, C, S, B + Rhus copallina Southern sumac N, C, S, B + (MT) Medium Tree Avicennia germinans Black mangrove N, C, 5, B + (kW Bursera simaruba Gumbo limbo S, B - Carpinus caroliniana Hornban/bluebeech N, C + Carya floridana Scrub hickory N, C, S, B + Carya glabra Pignut hickory N, C, S, B + Celtis laevigata Sugarberry N, C, S + Chrysophyllum oliveforme Satinleaf S, B - Coccoloba diversifolia Pigeon plum S, B - Diospyros virginiana Persimmon N, C, S, B + Ficus aurea Strangler fig C, S, B - Fraxinus caroliniana Water ash/pop ash N, C, S + Gordonia lasianthsus Loblolly bay N, C, S + Ilex cassine Dahoon N, C, S, B + Ilex vomitoria Youpon holly N, C, S + Juniperus silicicola Southern red cedar N, C, S + Magnolia virginiana Sweet bay N, C, S + Mastichodendron foetidissimum Mastic tree B - Morus rubra Red mulberry N, C, S + Osmanthus americanus Wild olive N, C, S + Persea borbonia Red bay N, C, S, B + Pinus clausa Sand pine N, C, S + Prunus caroliniana C. cherry laurel N, C, S, B + Quercus laevis Turkey oak N, C, S + Rhizophora mangle Red mangrove C, S, B - Ulmus americana American elm N, C, S + Zanthoxylum clavaherculis Hercules club N, C, S, B + L CD102:9 § 102-44 CAPE CANAVERAL CODE `4111) Cold Botanical Name Common Name Community Tolerance (LT) Large Tree Acer rubrum Southern red maple N, C, S + Liquidambar styraciflua Sweetgum N, C, S + Magnolia grandiflora Southern magnolia N, C, S, B + Nyssa sylvatica Swamp black gum N, C, S + Pinus ellottii Slash pine N, C, S, B + Pinus palustris Longleaf pine N, C, S + Quercus laurifolia Laurel oak N, C, S + Quercus virginiana Live oak N, C, S + Taxidium distichum Bald cypress N, C, S + (P) Palm Tree Paurotis wrighti Saw palmetto N, C, S + Sabal palmetto Cabbage palm N, C, S, B + (S) Shrub Bacharis halimifolia Groundsel tree N, C, S, B + Befaria racemosa Tar flower N, C, S + Callicarpa americana Beauty berry N, C, S + Cephalanthus occidentalis Buttonbush N, C, S + Croton punctatus Beach croton B - Erythrina herbaceae Coral bean N, C, S, B + Iva frutescens Marsh elder S - 'iv) Iva imbricata Marsh elder B - Lantana involucrata Wild sage B - Lycium carolinianum Christmas berry N, C, S, B + Lyonia ferruginea Staggerbush N, C, S, B + Lyonia fruticosa Staggerbush N, C, S, B + Lyonia lucida Fetterbush N, C, S, B + Psychotria nervosa Wild coffee C, S, B - Psychotria sulzneri Wild coffee C, S, B - Quercus myrtifolia Myrtle oak N, C, S, B + Quercus pumila Running oak N, C, S, B + Randia aculeata Randia C, S - Rhapidophyllum Hystrix Needle palm N, C, S, B + Sophora tomentosa Necklace pod S, B - Vaccinium spp. Blueberry N, C, S, B + Yucca aloifolia Spanish bayonet N, C, S, B + Zanthoxylum fagara Wild lime S + (G) Ground Cover Acrostichum danaeafolium Leather fern N, C, S, B + Aristida spp. Wiregrass N, C, S, B + Borrichia frutescens Sea oxeye daisy N, C, S, B + Ceratiola ericoides Rosemary N, C, S, B Crinum americanum String lily N, C, S, B + Ernodea littoralis Golden creeper S, B - Gaillardia pulchella Firewheel N, C, S, B + j CD 102:10 VEGETATION § 102-44 L Cold Botanical Name Common Name Community Tolerance Garberia fruticosa Garberia N, C, S + Helianthus debilis Beach sunflower N, C, S, B + Hymenocallis latifolia Spider lily N, C, S, B + Hypericum spp. St. John's wort N, C, S, B + Licania michauxii Gopher apple N, C, S, B + Nephrolepis biserrata Boston fern S - Nephrolepis cordifolia Boston fern N, C, S + Nephrolepis exaltata Boston fern N, C, S + Nolina atopocarpa Florida beargrass N, C, S + Opuntia humifusa, compressa Prickly pear N, C, S, B + Opuntia stricta Prickly pear N, C, S, B + Osmunda cinnemomea Cinnamon fern N, C, S + Osmunda regalis Royal fern N, C, S 4- Panicum Panicum amarulum Beach grass N, C, S, B + Panicum commutatum Panic grass N, C, S, B + Physalis viscosa Ground cherry N, C, S, B + Pilobiephis rigida Pennyroyal N, C, S, B + Portulaca pilosa Pink purslane N, C, S, B + Pteridium aquilinum Bracken fern N, C, S, B + Rubus trivialis Southern dewberry N, C, S + Serenoa repens Saw palmetto N, C, S, B + fillbor Sesuvium portulacastrum Sea purslane C, S, B + Spartina spp. Spartina/cordgrass N, C, S, B + Uniola paniculata Sea oats N, C, S, B + Yucca filamentoua Adams needle N, C, S, B + Zamia floridana, pumilia, integrifo- Coontie/arrowroot N, C, S, B + lia, angustifolia (A)Aquatic Nuphar lutea Spatter-dock N, C, S + Nymphea odorata White waterlily N, C, S + Pontederia cordata Pickerelweed N, C, S + Sagittaria spp. Arrow head N, C, S + (V) Vine Caesalpinia bonduc, crista Gray nickerbean B - Canavalia rosea Beach bean S, B - Cissus trifoliata Marine vine N, C, S 4- Ipomea Ipomea pes-caprae Railroad vine C, S, B - Ipomea spp. Morning glory N, C, S, B + Ipomea stolonifera Beach morning glory B - Parthenocissus quinquefolia Virginia creeper N, C, S, B + Vitis aestivalis Summer grape N, C, S + Vitis rotundifolia Muscadine grape N, C, S, B + Vitus shuttleworhtii Calusa grape N, C, S + Note: Those species which are identified as occurring in the barrier island community are found there naturally. Planting these species may be difficult due to salt burn and they may undergo substantial LP° shock before becoming acclimated to the barrier island conditions. CD102:11 § 102-44 CAPE CANAVERAL CODE IN) NONNATIVE SPECIES Cold Botanical Name Common Name Community Tolerance (ST) Small Tree Eucalyptus cinera Silver dollar N, C, S + Lagerstromia indica Crape myrtle N, C, S + (MT) Medium Tree Bauhinia purpurea Orchid tree S, B - Callistemon lanceolatus Bottlebrush N, C, S, B + Callistemon viminalis Bottlebrush N, C, S, B + Cupaniopsis anacordiodes Carrotwood S, B - Dalbergia sissoo Rosewood C, S - Eriobotrya japonica Loquat N, C, S, B + Koelreuteria formosana Gold rain tree N, C, S + Olea europae Olive tree S, B - Parkinsonia aculeata Jerusalem thorn N, C, S, B + Ulmus pumila, parvifolia Chinese elm N, C, S, B + (S) Shrub Podocarpus macrophylla Maki N, C, S + Podocarpus nagi Nagi N, C, S + (P) Palm Tree Arecastrum romanzoffianum Queen palm N, C, S + Butia capitata Pindo N, C, S, B + ,..iii) Livistonia chinensis Chinese fan N, C, S + Phoenix canariensis Canary Island date N, C, S, B + Phoenix reclinata Senegal date N, C, S + Trachycarpus fortunei Windmill palm N, C, S + Washington robusta Washington palm N, C, S, B + (Code 1981, ch. 657, app. A) Sec. 102-45. List of undesirable species. The list of undesirable species under this division shall be as follows: Botanical Name Common Name Shinus terebinthifolius Brazilian pepper Melaleuca quinquenervia Melaleuca, cajeput tree Casuarina spp. Australian pine Eucalyptus spp. Eucalyptus Enterolobium contortisiliquem Ear tree Melia azedarach Chinaberry Cinnamomum camphora Camphor tree Sapium sebiferum Chinese tallow Dioscorea bulbifera Air potato/air yam Rhodomyrtus tomentosa Downy rose myrtle J CD102:12 VEGETATION § 102.45 Botanical Name Common Name Sansevieria hyacinthoides African bowstring hemp Ricinus communis Castor bean plant (Code 1981, ch. 657, app. B) L L CD102:13 J J J ZONING (We Sec. 110-405. Physical review. Sec. 110-406. Building permit. Sec. 110-407. Bonding. Sec. 110-408. Termination zone. Sec. 110-409. Enforcement. Secs. 110-410-110-420. Reserved. Division 2. Development Plans Sec. 110-421. Application. Sec. 110-422. Procedure for receiving approval of preliminary development plan and tentative zoning. Sec. 110-423. Procedure for approval of final development plan. Secs. 110-424-110-435. Reserved. Division 3. Land Use Regulations Sec. 110-436. Minimum size. Sec. 110-437. Maximum density. Sec. 110-438. Minimum common recreation and open space. Sec. 110-439. Minimum lot area;frontage; setbacks; accessory uses. Sec. 110-440. Maximum length of structures. Sec. 110-441. Minimum floor area. Sec. 110-442. Offstreet parking. Sec. 110-443. Underground utilities. Sec. 110-444. Development standards. Sec. 110-445. Preservation of trees. Secs. 110-446-110-465. Reserved. Article DL 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. See. 110-479. Sewage disposal. Sec. 110-480. Atomic energy uses. Sec. 110-481. Building required for commercial uses. Sec. 110-482. Underground utilities required. See. 110-483. Wireless communications towers and antennas. Secs. 110-184 110-490. Reserved. Division 2. Offstreet Parking Sec. 1 10-191. Number of spaces required. Sue. 110-192. Location of spaces. S,e. 110-99:;. .Access. (600, Ser.. 110-191 110-505. Reserved. Supp. No. 1? (1)110:5 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 '44111) Sec. 110-566. Landscaping and screening between commercial or industrial zoning districts and residential zoning districts. Sec. 110-567. hiterior 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. J Bopp. No. 12 CD110:6 ZONING § 110-223 (6) For mean high water, survey shall be official shall prepare a site plan checklist to be done by procedures established by F.S. submitted to the planning and zoning board when § 177.25 et seq. a site plan is reviewed. (Code 1981, § 645.05(C)) (g) The planning and zoning board, following Sec. 110-223. Review procedures. public hearing and review of any submitted site 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- (be (4) State department of environmental pro fled, whichever first occurs. If the conditions pro- 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 of the written comments to the applicant or his (i) The planning and zoning board shall have representative to review, respond to and make no authority to consider a proposed site plan any changes he deems appropriate to conform to unless: the comments and recommendations from the (1) The applicant has adequately and com- department heads. pletely addressed all items on the site (e) The applicant shall submit seven copies of plan checklist prepared by the building the revised site plan, along with his architect's official; and 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 clays prior to the meeting. tion. If) 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 ping and zoning board shall table and reschedule 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 sui>>>. 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 ping 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 Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2, set forth in this section have been ex 10-21-03) hausted. (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 *4401) 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- fled 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. § 9,1-100. „go) Supp. No. 12 CD110:30.2 ZONING § 110-246 (kW the city clerk and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in section 110-246 of the Code of Ordinances of the City of Cape Canaveral, Florida," together with the date of the adoption of the ordinance from which this chapter is derived. (b) The official zoning map in effect at the time of passage of the ordinance from which this chap- ter is derived shall remain in effect and shall be reidentified as provided in subsection (a) of this section. If, in accordance with this chapter and state law,changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the city council, together with an entry on the official zoning map as follows: "On (date), by official action of the city council, the following change(s) were made in the official zoning map:(brief description of nature of change)," which entry shall be signed by the mayor and attested by the city clerk. The amending ordi- nance shall provide that such changes or amend- ments shall not become effective until they have been duly L Supp Nn. 12 CD110:30.3 J ZONING § 110-556 ‘11/0 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, official. No temporary trailer permit shall be penetrated only at points approved by the issued prior to issuance of a construction permit. Cape Canaveral Planning and Zoning (Code 1981, § 641.37; Ord. No. 24-92, § 1(641.37), Board, under site plan approval, for in 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 Lie term lease of such vehicle. endanger pedestrian traffic; Supp. N . 12 CD110:69 § 110-556 CAPE CANAVERAL CODE 1.01) (7) Servicing or repair of vehicles is prohib- (5) Be serviced by a functional underground ited except within a fully enclosed strut- 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 adminNoc) istrative waiver may be granted by the building (b) Such visual screen shall: official to allow the masonry wall or fence to be (1) Be provided along the entire length of the placed along the edge of the ditch or water body, boundary separating the commercial or instead of on the property line. Where existing industrial zoning district from the resi trees exist within the buffer area, the fence or l zoning district. wall shall be located so as to preserve the trees. dentia (Code 1981, § 641.43; Ord. No. 1-92, § 1, 1-21-92; (2) Consist of decorative or ornamental fent- 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- (2) Parking areas with 11 or more spaces foot C-1 lot and three five point trees on shall have at least one five-point tree for the minimum 75 foot M-1 lot. every five spaces or fraction thereof inter- Cross references—Environment, ch. 31; requin melds spersed throughout the parking area. Irt Gn landscapr appearance and maintenance, §31-99. addition,one ten-point tree shall be placed Supp. 1o. 12 C'D110:70 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). lot unless a greater restriction is other- 5 Non-native palms, minimum height 4 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. underground sprinkler system adequate to maintain all landscaping. (2) A proposed structure dimension. Supp. N . 12 CD110:70.1 § 110-568 CAPE CANAVERAL CODE J (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. J tiiIf,f,. No. 12 CD110:70.2 ZONING § 110-584 L DIVISION 8. SWIMMING POOLS* Sec. 110-582. Enclosure. Sec. 110-581. Construction and location. (a) Any portion of a swimming pool to which (a) Swimming pools shall be installed to city access may be obtained from outside a residence, requirements, and a city permit shall be required building or similar structure shall be required to and approved by the building department prior to be protected by a barrier as stipulated in the construction or installation (placement). Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances. (b) Swimming pools may be built within the principal structure if it is determined through analysis by a certified engineer that such construe (b) Any portion of a swimming pool to which tion shall not be harmful to the principal strut access may be obtained from inside a residence, Lure. At the discretion of the building official, building or similar structure where a wall of the engineering may be required when the vertical residence, building or similar structure serves as wall of the pool (water's edge) is located within a portion of the barrier required in(a) above shall five feet of the foundation system supporting the be protected as stipulated in the Standard Swim principal structure. Engineering may also be re- ming Pool Code as adopted in Chapter 82 of the quired on all premanufactured or prefabricated City Code of Ordinances. pools which do not bear product approval from an (Code 1981, § 641.47(B); Ord. No. 16 98, § 2, accredited testing agency. 5-5-98) (c) Swimming pools which are open and unenclosed may occupy a required rear or interior Sec. 110-583. Accessories. side yard setback, provided they are not located closer than five feet to a rear lot line or eight feet Swimming pool accessories, such as ladders, to an interior side lot line. slides, pumps and similar items, shall not en- (d) Commercial swimming pools are prohib- croach into a required yard setback beyond the ited in residential districts. limits specified for swimming pools. (Code 1981, § 641.47(C)) (e) Swimming pools shall not occupy a re- quired front or corner side yard setback. Sec. 110-584. Minimum setbacks. (f) Swimming pools may not be constructed prior to the construction of the principal building. (a) The minimum setbacks for swimming pools, (g) For the purposes of this section, neither enclosures and accessories shall be as follows and pools nor screened enclosures are considered struc- shall be in compliance with the electrical code as tures for the sole purpose of determining lot adopted in Chapter 82 of the City of Code of coverage. Pools and screen enclosures shall meet Ordinances: the setback requirements as stipulated elsewhere in this chapter. (1) Front, 25 feet (see subsection (b) of this section). (h) For the purposes of this section, neither pools nor screened enclosures are considered struc- (2) Side (interior lot line), eight feet. tures for the purpose of determining lot coverage. Pools and screened enclosures are not permitted (3) Side (corner lot line), 25 feet; on all non- in the setback area. conforming lots of record 15 feet (see (Code 1981, § 641.47(A); Ord. No. 16-98, § 1, subsection (b) of this section.) 5-5-98) (4) Rear, five feet (see subsection c) of this *Cross reference—Swimming pool code, §82-246 et seq. section). L Supp. No. 6 CD 110:71 § 110-584 CAPE CANAVERAL CODE J (b) See section 110-536 for special setbacks. (c) In n: event shall a swimming pool, screen enclosure or accessory feature be located within 15 feet of a property line that abuts and runs parallel to a public street. (Code 1981, § 641.47(D); Ord. No. 16-98, § 3, 5-5-98) J Supp. No. 6 CD110:72 CODE COMPARATIVE TABLE L Ordinance Adoption Section Number Date Section this Code 62-9,62-11 24-2003 9- 2-03 2 Added 34-42,34-43 Dltd 34-66-34-69 25-2003 9- 2-03 2 34-176 Added 34-181(b) 26-2003 9- 2-03 2 Added 54-4 27-2003 11-18-03 2 Added 115-1-115-13 29-2003 9-16-03 2 74-57 33-2003 10- 7-03 2 62-9-62-11 34-2003 10-21-03 2 110-469 35-2003 10-21-03 2 Added 110-223(g) Rltd (g)—(i) as (h)—(j) Added 110-223.5 36-2003 10-21-03 2 110-171 37-2003 10-21-03 2 Added 110-321 38-2003 10-21-03 2 Added 2-300 39-2003 11-18-03 2 22-46 41-2003 12-16-03 2 Added 110-196 Rnbd 110-196, 110-197 as 110-197, 110-198 01-2004 3- 2-04 2 Added 82-400 02-2004 3- 2-04 2 110-1 Added 110-352(9) 04-2004 3-16-04 2 Added 10-200-10-203 05-2004 4- 6-04 2 38-81,38-82 06-2004 4-20-04 2 Added 2-280-2-291 (tatie, 07-2004 4-20-04 2 78-27,78-31 78-24,78-35 Rpld 78-39 08-2004 5- 4-04 2 110-352(9) 09-2004 5-18-04 2 Added 82-375-82-386 11-2004 6-15-04 2 78-131,78-153 78-291,78-192 78-194(c),78-195(b), (c) 12-2004 7- 6-04 2 80-3,80-5 Rpld 80-30 13-2004 7-20-04 2A Rpld 10-86-10-177 3 Added 10-86-10-132 4 110-352(7) L Supp.No. 13 CCT:19 j L STATE LAW REFERENCE TABLE This table shows the location within this Charter and Code,either in the text or notes following the text,of references to the Florida Statutes. F.S. Section F.S. Section Section this Code Section this Code 1.01 1-2 162.22 10-92 34.191 Ch. 50 ch. 163 58-56 ch. 50 2-288 110-37(a) 50.041 2-288 163.3161-163.3211 58-57 50.051 2-288 163.3174 58-56 chs.97-106 Char.Art. III 163.3178 82-93 Char.Art.XXI 163.3220 86-2 Ch.26 ch. 166 Char.Art.I,§3 26-1 Char.Art.II 97.041 Char.Art.XXI,§2 Char.Art.II,§ 1 98.041 Char.Art.XXI,§2 Char.Art.XIII,§§ 1,2 Char.Art.XXI,§9 Char.Art.XIII,§§4-6 98.041 et seq. Char.Art.XXI, §2 Char.Art.XV, §2 100.361 Char.Art.XXI, Char.Art.XVI,§1 §§ 10, 11 Char.Art.XVII,§ 1 101.161 Char.Art.XXI,§ 16 Char.Art.XVII,§§3-6 (11111111, 112.061 2-300 Char.Art.XVII, §§8,9 112.311 et seq. Char.Art.XXIV, Char.Art.XX § 13 Char.Art.XXI, §2 112.3135 Char.Art.XXIV,§8 Char.Art.XXII 112.3143 2-67 Char.Art.XXIV, § 1 ch. 119 78-98 Char.Art.XXIV, 119.011 2-116 § 10 119.021 2-116 110-37 161.041 82-85 110-37(a) 161.053 Ch. 14,Art. III 166.021(5) Char.Art.XIII,§3 161.52 et seq. Ch.82,Art. IV Char.Art.XIV, 161.55(1)(d) 82-94 §§ 1-3 82-81 Char.Art.XVII,§7 161.142 Ch. 14,Art. III Char.Art.XVII, 161.161 Ch. 14,Art.III § 10 161.163 Ch. 14,Art.III 166.021(10) 2-300 ch. 162 Ch.2,Art.VI 166.04 110-137 2-256 166.041 Char.Art.XXIV,§4 2-258 1-11 2-260 10-87 2-281 110-137(e) 2-282 166.046 App.A,Art.I 10-92 166.101 Ch.2,Art.V 34-42 166.101 et seq. Ch.70 82-400(1) 166.222 82-322 94-5 166.231 Ch. 70,Art.II 102-37 70-27 162.05 2-257 166.231(10) 70-29 162.09(3) 78-60 166.232 Ch. 70,Art.II (kW' 162.21(6) 2-287(e) 166.241 Char.Art.XVII,§1 Supp.No. 13 SLT:1 CAPE CANAVERAL CODE F.S. Section F.S. Section Section this Code Section this Code Char.Art.XVII,§9 403.91 et seq. Ch. 106,Art.II 166.3164 115-1(7) 403.413 Ch.34,Art.II 167.22 App.A,Art.III,§8 403.415 Ch.34,Art.V ch. 170 Char.Art.XX 403.702 et seq. Ch.62 90-192 403.7046 62-4 ch. 171 Char.Art.XXIII 403.801 et seq. 106-29 ch. 177 Ch. 98 ch.468 82-32 98-1 82-148 110-423 ch. 470 62-1 177.25 et seq. 110-222 ch.471 82-322 ch. 192 et seq. Char.Art. IX,Char. 471.003 82-322 Art.X 471.005 82-322 Char.Art.XVIII, ch.480 10-90 Char.Art.XIX ch.481 82-322 Ch. 70 489.105 82-322 ch. 194 102-36 489.119 82-322 ch.200 Char.Art.XVII, 489.127 82-375 §§3-6 82-377 203.012 70-26 489.127(2) 82-379 ch.205 Ch. 70,Art.III 489.127(5Xj) 82-384 70-83 489.127(5Xm) 82-380 205.043(2),(3) 70-81 489.129 82-322 205.053 70-75 489.131(3)(e) 70-85 205.053(1) 70-74 489.132(1) 82-375 70-76 82-377 205.053(2) 70-75 489.501 et seq. 30-26 ,...) 205.053(3) 70-75 501.160 18-5 215.85 2-206 ch. 509 110-1 ch.218 Char.Art.XVIII ch. 517 10-86 218.32 Char.Art.XVII, §9 ch.553 Ch.82 218.33 Char.Art.XVII,§ 1 82-321 ch.252 Ch. 18 553.36(12) 82-81 ch.280 Char.Art.XVII, §8 110-1 ch.286 Ch.2,Art.II,Div. 3 553.71 82-322 286.011 Char.Art.V,§ 1 553.71(7) 82-322 ch.316 74-1 553.73(8) 82-400(e) 74-63 553.77 82-322 316.194 74-56 553.79 2-286(1) 316.195 34-34 82-322 316.293 Ch. 34,Art.V 553.79(7) 82-323 316.650 Char.Art.XIII,§6 553.80 2-286(f) 316.1936 Ch.6,Art. III,Div.2 553.900 Ch.82,Art.IX 316.1945 74-56 556 App.A,art.III, Ch.318 74-63 § 13.5 320.823 82-81 ch. 561 6-52 82-88 chs. 561-568 110-171(a)(2) Ch.337 66-1 ch.561 10-108 370.12 Ch. 14,Art. III ch.561 et seq. Ch.6 380.04 86-2 561.01 6-51 ch.381 10-163 561.01(4Xa) 110-1 ch.386,pt. I 10-62 ch.562 10-108 400.402 110-1 562.14 6-26.6-27 ch.403 78-275 562.45 6-27 Supp.No. 13 SLT:2 STATE LAW REFERENCE TABLE L F.S. Section F.S. Section Section this Code Section this Code ch.563 10-108 847.013 10-90 ch. 564 10-108 847.0133 10-90 ch.565 10-108 847.0134 10-101 565.02(4) 110-171 ch.849 10-200 ch.633 Ch.38 870.041 et seq. Ch. 18 633.022 Ch.38,Art.II 877.03 10-86 633.025 Ch.38,Art.II, ch.893Tc10-108 98-114(o) 80-1 633.025(1) 38-26 ch.895 10-108 633.025(3) 38-28 893.13 10-86 658.98 2-206 ch. 901 Char.Art.XIII,§4 ch. 705 34-180 901.25 Char.Art.XIII,§5 705.101 et seq. Ch. 34,Art.VI h. 943 2-284 ch. 718 78-276 943.25(13) 50-3 110-404 768.28 Char.Art.XXIV, § 11, Char.Art.XXIV, § 12 ch. 769 10-87 775.082 2-286(e) Ch. 50 50-1 775.083 2-286(e) Lie Ch. 50 50-1 790.15 50-1 ch. 791 Ch. 38,Art. IV 791.01 110-1 791.01(4)(b) 38-81 110-1 110-1 ch. 794 10-90 10-108 80-1 ch. 796 10-90 10-108 80-1 ch.800 10-90 10-108 80-1 800.03 10-90 806.111 10-86 ch.810 80-1 ch.812 80-1 ch.817 80-1 ch.826 10-90 10-108 ch.827 10-90 10-108 839.13 1-13 ch.847 10-90 (11111111, 10-169 Supp.No. 13 SLT:3 J J CODE INDEX (NO' Section Section CALLINGS CITY(Cont'd.) Occupational license tax 70-66 et seq. City's right to restore surface 66-69 See:TAXATION Liability of city 66-62 CAMPING CITY ATTORNEY Where prohibited 50-4 Council CANALS Attendance at meetings 2-127 Subdivisions Duties 2-126 Land development code regulations.... 98-1 et seq. CITY CLERK See:LAND DEVELOPMENT CODE Duties 2-116 CANVASSERS.See:PEDDLERS,CANVASS- CITY COUNCIL ERS AND SOLICITORS City attorney CAPE CANAVERAL.See:CITY Duties 2-126 City manager CAPITAL EXPANSION PLANS Powers and duties 2-101(2) Impact fee 2-237 Compensation CAPITAL EXPANSION TRUST FUND Established for councilmembers other than mayor 2-41 Impact fees 2-236 Mayor,established for 2-42 CARS.See:MOTOR VEHICLES AND TRAF- Definitions and rules of construction 1-2 FIC Election 2-26 Library board CAUSES Reports to 46-32 Effect of repeal of ordinances 1-9(b) Mayor CEMETERIES Compensation established for 2-42 Parks and recreation areas 54-1 et seq. Meetings See:PARKS AND RECREATION Adjournment 2-69 Ltile Adoption of motion 2-67 CERTIFICATES OF OCCUPANCY Call to order;quorum;roll call 2-64 Land development code regulations re zon- City attorney to attend 2-127 ing 110-26 et seq. Consideration of matters before council 2-66 See:LAND DEVELOPMENT CODE General discussion 2-68 Sewer impact fee requirements 78-125 Minutes 2-65 Ordinances and resolutions CHARTER Preparation prior to meeting 2-59 Definitions and rules of construction 1-2 Parliamentary procedure 2-61 CITY Preparation and notice of agenda 2-60 Abandoned property Presiding officer 2-62 Compliance with notice or order to re- Regular meetings 2-56 move; removal by city upon non- Sergeant at arms 2-63 compliance 34-184 Special meetings 2-57 Disposition of property removed by city 34-186 Workshop meetings 2-58 Notification of owner following removal Ordinances and resolutions by city 34-185 Preparation prior to meeting 2-59 Redemption prior to sale by city 34-187 Regular meetings 2-56 Corporate limits Special meetings 2-57 Definitions and rules of construction... 1-2 Uncontested elections 2-27 Definitions and rules of construction 1-2 Workshop meetings 2-58 Flood damage prevention 90-26 et seq. CITY ENGINEER See:LAND DEVELOPMENT CODE Duties 2-151 Franchise regulations in general. See: FRANCHISES(Appendix A) CITY MANAGER Library board Acting city manager 2-102 Liability of city limited 46-31 Civil emergencies Solid waste Persons authorized to declare 18-2 Authority of city to collect 62-3 Powers and duties 2-101 Ownership by city 62-4 Street excavations CITY TREASURER (11111.01 Authority of city 66-64 Duties 2-141 Supp.No. 13 CDi:5 CAPE CANAVERAL CODE Section Section `Ili) CITY TREASURER(Cont'd.) CODE OF ORDINANCES(Cont'd.) Fees schedule in general. See: FEES(Ap- Altering Code 1-13 pendia B) Amendments to Code 1-11 CIVIL EMERGENCIES Catchlines of sections 1-3 Authority;governor's;president 18-7 Certain ordinances not affected by Code.. 1-10 Definitions 18-2 Chapters or sections,references to 1-5 Duration and termination of emergency.. 18-4 Code does not affect prior offenses,rights, Emergency powers and measures 18-3 etc. 1-8 Persons authorized to declare emergency. 18-2 Definitions and rules of construction 1-2 Sale of goods, services, or materials at Effect of repeal of ordinances 1-9 unconscionable prices 18-5 General penalty; attorneys'fees and costs 1-15 Violations and penalties 18-6 History notes 1-4 How Code designated and cited 1-1 CLERK.See: CITY CLERK Provisions considered as continuation of CLUBS existing ordinances 1-7 References and editor's notes 1-6 Persons; definitions and rules of construe- Severability of parts of Code 1-14 tion extended and applied to 1-2 Supplementation of Code 1-12 COASTAL CONSTRUCTION CODES Coastal construction code 82-88 et seq. Buildings and building regulations.See: City election code adopted 26-1 LAND DEVELOPMENT CODE Technical codes.See that subject CODE ENFORCEMENT COLOR DISCRIMINATION Abandoned vehicles Human rights,discrimination prohibited . 40-28 Code enforcement board hearing proce- dure 34-183 COMMITTEES AND COMMISSIONS. See: Buildings and building regulations BOARDS, COMMITTEES AND COM- J Citations; unlicensed contractors; fail- MISSIONS ure to obtain building permit 82-375 et seq. COMMUNICATION SERVICES Citations(code enforcement) Franchise regulations in general. See: Applicable codes, ordinances; class vio- FRANCHISES(Appendix A) lation 2-283 Outdoor entertainment permit require- Citation powers;personal investigation; ments 10-62(4) reasonable cause 2-285 Public service tax Citation program,authorization of 2-282 Classes of violations,penalties 2-291 Generally 70-26 et seq. Definitions 2-281 See:TAXATION Enter upon property,authorization to2-290 COMMUNITY APPEARANCE REVIEW Form(citation) 2-288 BOARD Intent;purpose 2-280 Board Issuance procedure 2-287 Established 22-37 Payment of penalty;court hearings.... 2-289 Membership 22-37 Training of code enforcement officers .. 2-284 Proceedings of the board 22-39 Violation;penalties;general 2-286 Qualifications of members 22-37 Code enforcement board Compliance with other code provisions 22-41 Created 2-256 Concept plans 22-45 Liens;application for satisfaction or re- lease of 2-260 Permits Membership 2-257 Appeals and review 22-46 Powers and duties 2-258 Application criteria 22-44 Responsibilities 2-258 Approval prerequisite for permits 22-40 Violations and penalties Building permits;enforcement 22-47 Prosecution of violations with no crim- Notice of approval or denial 22-43 inal penalty 2-259 Procedure 22-42 Statement of findings and purpose 22-36 CODE OF ORDINANCES* pertaining to the use,construction and interpretation of this *Note—The adoption, amendment, repeal, omissions, effec- Code are contained in the adopting ordinance and preface tive date,explanation of numbering system and other matters which are to be found in the preliminary pages of this volume. Supp.No. 13 CDi:6 CODE INDEX Section Section COMMUNITY DEVELOPMENT COURTS Business and cultural development board. 22-26 et seq. Code enforcement citations Community appearance review board 22-36 et seq. Payment of penalty;court hearings.... 2-289 Land development code regulations re zon- Costs for police education and training... 50-3 ing 110-26 et seq. Land development code regulations re zon- See:LAND DEVELOPMENT CODE ing 110-26 et seq. See:LAND DEVELOPMENT CODE COMPETITIVE BIDS Purchasing 2-216 et seq. CREED DISCRIMINATION See:PURCHASES AND PURCHASING Human rights,discrimination prohibited . 40-28 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- D POSAL DANCING AND DANCEHALLS CONNECTIONS Alcoholic beverage establishments Sewer connections 78-27 et seq. Nudity on premises 6-27 See: SEWERS AND SEWAGE DIS- POSAL DEBRIS.See also:SOLID WASTE Burial of debris 34-41 CONSTRUCTION Coastal construction code 82-88 et seq. DEDICATIONS (NW Buildings and building regulations.See: Land development code regulations re zon- LAND DEVELOPMENT CODE ing 110-26 et seq. See:LAND DEVELOPMENT CODE CONTRACTORS Plats or subdivisions Occupational license tax Certain ordinances not affected by Code 1-10(aX12) Special requirements for contractors... 70-85 DEEDS CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code 1-10(aX2) Certain ordinances not affected by Code.. 1-10(a) City attorney DELEGATION OF AUTHORITY Duties 2-126(6) Definitions and rules of construction 1-2 Code does not affect prior contracts estab- lishing or occurring 1-8 DENSITY Franchise agreements 66-1 Land development code regulations re zon- Franchise regulations in general. See: ing 110-26 et seq. FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE Purchasing 2-216 et seq. DEPARTMENTS AND OTHER AGENCIES See:PURCHASES AND PURCHASING OF CITY.See also:BOARDS,COMMIT- Right-of-way OMMITRight-of-way use agreements 66-1 TEES AND COMMISSIONS Vested rights agreements 115-10 City manager CORPORATE LIMITS Powers and duties 2-101(6) Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Delegation of authority COUNCIL.See:CITY COUNCIL Definitions and rules of construction1-2 Fire department 38-56 et seq. COUNTY See:FIRE PREVENTION Animal control ordinance 14-26 et seq. Joint authority See:ANIMALS AND FOWL Definitions and rules of construction... 1-2 Definitions and rules of construction 1-2 Local planning agency 58-56 et seq. Flood damage prevention 90-26 et seq. See:PLANNING AND DEVELOPMENT (be See:LAND DEVELOPMENT CODE Police department 42-26 Supp.No. 13 CDi:7 CAPE CANAVERAL CODE Section Section DEVELOPMENT DISTRICTS ELECTIONS Land development code regulations re zon- Certain ordinances not affected by Code.. 1-10(aX16) ing 110-26 et seq. Penalties for violations 26-2 See:LAND DEVELOPMENT CODE Qualifying period Generally 26-3 DEVELOPMENT.See:PLANNING AND DE- Write-in candidates 26-4 VELOPMENT State election code adopted 26-1 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 DISCRIMINATION Fees schedule in general. See: FEES(Ap- Cable television franchise. See: FRAN- pendia B) CHISES(Appendix A) Franchise regulations in general. See: Gas franchise agreement. See: FRAN- FRANCHISES(Appendix A) CHISES(Appendix A) Public service tax 70-26 et seq. Human rights See:TAXATION Discrimination prohibited 40-28 Signs 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 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 EMPLOYEES. See: OFFICERS AND EM- Alcoholic beverages 6-1 et seq. PLOYEES See:ALCOHOLIC BEVERAGES DUNES ENCROACHMENT Property maintenance standards 34-91 et seq. Parking prohibited 74-59 See: PROPERTY MAINTENANCE Wetlands protection 106-26 et seq. STANDARDS See:LAND DEVELOPMENT CODE ENGINEER.See:CITY ENGINEER E ENGINEERS AND ENGINEERING EARTHQUAKES Street excavations Engineering details 66-66 Civil emergencies 18-1 et seq. See:CIVIL EMERGENCIES ENGINES EASEMENTS Discharge into open air of exhaust Noises,enumeration of prohibited 34-153(6) Subdivisions Land development code regulations.... 98-1 et seq. ENTERTAINMENT. See: AMUSEMENTS See:LAND DEVELOPMENT CODE AND AMUSEMENT PLACES Supp.No. 13 CD1:8 CODE INDEX thlire Section Section ENVIRONMENT FEDERAL GOVERNMENT Abandoned property 34-176 et seq. Federal utilities commission See:ABANDONED PROPERTY Franchise regulations in general. See: Land development code regulations re zon- FRANCHISES(Appendix A) ing 110-26 et seq. Franchise regulations in general. See: See:LAND DEVELOPMENT CODE FRANCHISES(Appendix A) Lights 34-206 et seq. Interpret law See:LIGHTS AND LIGHTING City attorney Litter 34-26 et seq. Duties 2-126(3) See:L1'1'1'>•;R Vehicles for hire 34-151 et seq. Application of provisions to vehicle,op- Noise NOISE erator regulator by federal govern- See: ment 80-2 Planning and zoning board 58-26 et seq. See:PLANNING AND ZONING BOARD FEES Property maintenance standards 34-91 et seq. Alarm systems See: PROPERTY MAINTENANCE Fees charged 30-31 STANDARDS Permit fees 30-27 Sanitary sewer system 78-26 et seq. Certain ordinances not affected by Code.. 1-10(aX7) See: SEWERS AND SEWAGE DIS- Franchise regulations in general. See: POSAL FRANCHISES(Appendix A) Street excavations 66-61 et seq. Impact fees 2-231 et seq. See: STREETS, SIDEWALKS AND See:IMPACT FEES OTHER PUBLIC WAYS Outdoor entertainment permit 10-63 Tree protection,land clearing 102-36 et seq. Sewer fees where owner has private water See:LAND DEVELOPMENT CODE supply 78-154 Weeds and dead vegetation 34-121 et seq. Sexually oriented businesses, adult enter- See: WEEDS AND DEAD VEGETA- tainment establishments license (kw TION Annual license fee 10-103 Wetlands protection 106-26 et seq. Application;fee 10-95 See:LAND DEVELOPMENT CODE Solid waste Schedule of fees 62-5 EXCAVATIONS Street excavations permit fee 66-83 Building sewers 78-83 Vehicles for hire Fees schedule in general. See: FEES(Ap- Driver's permit fee 80-55 pendia B) Fees to be in addition to other taxes and Sanitary sewer system 78-26 et seq. charges 80-3 See: SEWERS AND SEWAGE DIS- FENCES, WALLS, HEDGES AND ENCLO- POSAL SURES Street excavations 66-61 et seq. Land development code regulations re zon- See: STREETS, SIDEWALKS AND ing 110-26 et seq. OTHER PUBLIC WAYS See:LAND DEVELOPMENT CODE EXHAUST Signs Discharge into open air Land development code regulations94-1 et seq. Noises,enumeration of prohibited 34-153(6) See:LAND DEVELOPMENT CODE EXPLOSIONS/EXPLOSIVES FINANCES Civil emergencies 18-1 et seq. Building sewers Cost of installation 78-78 See:CIVIL EMERGENCIES Certain ordinances not affected by Code 1-10(aX2) Fireworks 38-81 et seq. City treasurer See:FIREWORKS Duties 2-141(1) Court costs for police education and train- F ing 50-3 Franchise regulations in general. See: FALSE ALARMS.See:ALARM SYSTEMS FRANCHISES(Appendix A) Impact fees 2-231 et seq. FALSE STATEMENTS See:IMPACT FEES (hoe Occupational license tax application 70-73 Library board expenditures 46-27 Supp.No. 13 CDi:9 CAPE CANAVERAL CODE Section „Ili) Section FINANCES(Cont'd.) FIRE PREVENTION(Cont'd.) Outdoor entertainment permit require- Fire inspector 38-29 ments 10-62(5) Lockboxes required 38-32 Public service tax 70-26 et seq. Fire protection services; emergency medi- See:TAXATION cal services 38-56 Purchasing 2-216 et seq. Fireworks generally 38-81 et seq. See:PURCHASES AND PURCHASING See:FIREWORKS Quarterly report of income and expendi- Flammable materials and liquids tures 2-206 Storage and dispensing restrictions.... 38-4 Sewer impact fees Hazardous materials and substances Payment 78-122 Abatement 38-91 Use of funds 78-127 Cleanup 38-91 Travel reimbursement policies and proce- Cost recovery 38-93 dures 2-300 Definitions 38-90 FINES,FORFEITURES AND OTHER PEN- Violations and penalties 38-93 ALTIES Impact fees generally 2-231 et seq. Certain ordinances not affected by Code.. 1-10(a)(1) See: IMPACT FEES Code does not affect prior penalties or Inspector forfeitures incurred Florida Fire Prevention Code 38-27 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 General penalty; attorneys'fees and costs 1-15 q 38-32 Penalties for specific acts,omissions,viola- Outdoor entertainment permit require- nts tions,etc.See specific subjects as in- to ent 10-62(4) dexed Private entry gates 38-33 Safety fees 38-2 FIRE AND RESCUE IMPACT FEES Smoke detectors to have battery backup 38-7 Fees schedule in general. See: FEES (Ap- Violations and penalties 38-1 pendia 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. vial of permit 38-84 See:ALARM SYSTEMS Operators 38-85 Bottled gas Private use, storage, display prohibited; Use restrictions;permit required 38_5 public displays authorized by permit Conformance 38-34 only 38-82 Doors to businesses or public halls 38-6 Storage of materials 38.87 Fire chief FIRMS Duties 38-58 Persons;definitions and rules of construc- Fire department tion extended and applied to 1-2 Fire protection services;emergency med- ical services 38-56 FLOOD DAMAGE PREVENTION Volunteer fire department 38-57 Civil emergencies 18-1 et Fire inspectors seq. See:CIVIL EMERGENCIES Designated as city code inspectors 38-3 Fees schedule in general. See: FEES(Ap- Life Safety Code re 38-29 pendia B) Fire lanes,designation of 74-62 Generally 90-26 et Fire prevention codes seq. See:LAND DEVELOPMENT CODE Florida Fire Prevention Code Land development code regulations re zon- Adopted 38-26 ing 110-26 et seq. Inspector 38-27 See:LAND DEVELOPMENT CODE Life Safety Code Wetlands protection 106-26 et seq. Adopted 38-28 See:LAND DEVELOPMENT CODE Supp.No. 13 CDi:10 CODE INDEX Liro'' Section Section FLOODLIGHTS FRANCHISES(Appendix A)(Cont'd.) Outdoor entertainment permit require- Forfeiture II-9 ments 10-62(1) Grant II-1 Spill-over lighting requirements 34-206 et seq. Liability II-4 See:LIGHTS AND LIGHTING Location of facilities II-3 Monthly payments II-5 FLORIDA RAILROAD AND PUBLIC UTILI- 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-IX Franchise operation III-VII FRANCHISES(Appendix A) Forfeiture or revocation III-X (Note Citations herein refer to articles Grant of franchise III-V and sections contained within Appen- Indemnification and hold harmless III-XII dix A Franchises) Liability and insurance III-XI Cable television franchise Miscellaneous provisions III-XVII Basic service I-26 Preferential or discriminatory practices City rights in franchise I-19 prohibited III-XV City's rights of intervention I-23 Purpose and goals III-III Compliance with applicable laws and Recitals III-I regulations I-5 Service standards III-XVI Conditions of street occupancy I-13 Short title III-II Customer service standards I-9 Transfer of ownership or control III-VIII Definitions I-2 Telephone kiw Emergency use of facilities by city I-10 Company liability:indemnification IV-4 Erection,removal,and common user job Compliance with applicable law and or- poles I-24 dinances IV-3 Forfeiture of franchise I-22 Conditions on street occupancy IV-5 Grant of non-exclusive franchise I-4 Definitions IV-1 Legislative findings I-3 Fees paid by company I17-7 Liability and indemnity provision I-7 Grant of permission IV-2 Maps and additional reports to be filed Limitations on obligations of city D7-10 by grantee I-20 Severability D7-11 Other business activities I-11 Street occupancy,conditions on IV-5 Payment to city I-21 Terms of rights granted 17-9 Preferential or discriminatory practices Transfer of rights granted herein W-6 prohibited I-14 Public service I-28 FRANCHISES(Generally) Quality of service 1-27 Certain ordinances not affected by Code.. 1-10(aX4) Removal of facilities upon request I-15 Franchise regulations in general. See: Re-regulation I-25 FRANCHISES(Appendix A) Restrictions on assignment,transfer,sale Streets,sidewalks and other public ways and subleasing I-16 Franchise agreements 66-1 Safety requirements I-12 Severability I-29 FRAUD Short title I-1 Solicitors, peddlers and itinerant mer- System upgrade I-8 chants 16-30 Term of franchise I-17 Territorial area involved I-6 F.S.(Florida Statutes) Electric Definitions and rules of construction 1-2 Acceptance by grantee II-2 FUEL GAS.See:GAS Amount of payments by grantee to grantor II-6 FUEL OIL Competition by grantor II-8 Public service tax 70-26 et seq. Effective date II-12 See:TAXATION Supp.No. 13 CDi:11 CAPE CANAVERAL CODE Section Section G HEALTH AND SANITATION(Cont'd.) GARAGE SALES Local planning agency 58-56 et seq. Land development code regulationsSee:PLANNINGAND DEVELOPMENT p re zon- Outdoor entertainment permit require- ing 110-26 et seq. ments 10-62(1) See:LAND DEVELOPMENT CODE Sanitary sewer system 78-26 et seq. GARBAGE AND TRASH.See:SOLID WASTE See: SEWERS AND SEWAGE DIS- POSAL GAS Solid waste 62-1 et seq. Franchise regulations in general. See: See:SOLID WASTE FRANCHISES(Appendix A) Tree protection,land clearing 102-36 et seq. Fuel gas code 82-171 et seq. See:LAND DEVELOPMENT CODE Buildings and building regulations.See: Weeds and dead vegetation 34-121 et seq. LAND DEVELOPMENT CODE See: WEEDS AND DEAD VEGETA- Public service tax 70-26 et seq. TION See:TAXATION HEIGHT GENDER Land development code regulations re zon- Definitions and rules of construction 1-2 ing 110-26 et seq. GIFTS See:LAND DEVELOPMENT CODE Purchasing procedure 2-226(b) HOME OCCUPATIONS GLASS CONTAINERS Construction noise 34-154 Park and recreation prohibitions 54-1 Land development code regulations re zon- ing 110-26 et seq. GRADES AND GRADING See:LAND DEVELOPMENT CODE Concurrency management 86-1 et seq. HOOTING See:LAND DEVELOPMENT CODE Noises,enumeration of prohibited 34-153(4) Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE HORNS Street excavations 66-61 et seq. Noises,enumeration of prohibited 34-153(1) See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS HOUSING Street grades Flood damage prevention 90-26 et seq. Certain ordinances not affected by Code 1-10(a)(10) See:LAND DEVELOPMENT CODE Tree protection,land clearing 102-36 et seq. Property maintenance standards 34-91 et seq. See:LAND DEVELOPMENT CODE See: PROPERTY MAINTENANCE STANDARDS GUTTERS Public service tax Litter,sweeping into gutters prohibited... 34-31 Generally 70-26 et seq. See:TAXATION H HUMAN RELATIONS HANDBILLS Human rights Litter regulations 34-51 et seq. Discrimination prohibited 40-28 See:LITTER Exemption 40-29 Findings 40-26 HARASSMENT Notice 40-30 Solicitors and itinerant merchants Penalty;remedies 40-27 Harassment prohibited 16-28 HURRICANES HAZARDOUS MATERIALS AND SUB- Civil emergencies 18-1 et seq. STANCES See:CIVIL EMERGENCIES Fire prevention regulations re 38-90 et seq. See:FIRE PREVENTION I Solid waste generally 62-1 et seq. See:SOLID WASTE IMPACT FEES Specifically 62-11(d) Capital expansion plans 2-237 Capital expansion trust funds HEALTH AND SANITATION Collection;deposit 2-236(b) Abandoned property 34-181 et seq. Established 2-236(a) See:ABANDONED PROPERTY Use 2-236(c) ....) Supp.No. 13 CDi:12 CODE INDEX (tireSection Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Elevation 98-88 Traffic Final acceptance of work 98-94 Concurrency management Permanent markers 98-87 Generally 86-1 et seq. Sewers 98-90 See herein: Concurrency Manage- Streets 98-92 ment Water supply 98-89 Signs constituting traffic hazards 94-62(c) Permits Tree protection Land clearing Construction permits 98-69 et seq. 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 Planning and zoning board proce- Land clearing permit 102-39(d) dure 98-46 Notice 102-39(a) Plats Survey permit 102-39(c) Final plat Protection of trees and vegetative buff- Application for approval 98-60 ers 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) 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. Review procedures 98-36 See herein:Buildings and Building Reg- Preliminary plat ulations City review 98-45 Variances Information required 98-41 Stormwater management 90-121 Planning and zoning board proce- Subdivisions 98-4 dures 98-46 Vegetation 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(f) 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 Public hearing;notice 98-4(c) Wetlands protection Wetlands protection requiring subdivi- Definitions 106-26 sion plat 106-28 Development requiring site plan or sub- Surface and storm drainage division plat 106-28 Subdivision design standards 98-111 Mitigation 106-31 Surface water Permitted uses 106-29 Channeled into sanitary sewer 90-170 Prohibited uses 106-30 Temporary storage units 82-400 Purpose and intent 106-27 Topographic data Wind pressure and dead load (kW Subdivision plat 98-42 Signs 94-9 Supp.No. 13 CDi:23 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) 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 ofAd- trict 110-293 justment R-3 Medium Density Residential Dis- Written findings certifying compli- trict 110-313 ance 110-47 Residential planned unit develop- Variances ments 110-439 Applications;procedures 110-31, 110-62 Administrative review Generally 110-61 Appeal notice,hearing 110-29(b) Violation of conditions of special ex- Authority 110-29(a) ceptions or variance 110-34 Stay of proceedings 110-29(c) Boats and boat trailers Alcoholic beverages Living aboard 110-552 Special exceptions for establishments Location of 110-551 serving 110-171 Bonding Amendments Residential planned unit develop- Authority 110-136 ments 110-407 Limitation 110-138 Boundaries Procedure 110-137 Reconsideration of district boundary Reconsideration of district boundary changes 110-139 changes 110-139 Rules for interpretation of district Annexations boundaries 110-248 Zoning classification of 110-256 Breeze requirements Antenna R-3 Medium Density Residential Dis- Residential use/Satellite dishes 110-478 trict, minimum breeze require- Wireless communications 110-483 ment 110-319 Area Building official C-1 Low Density Commercial District 110-336 Duties of 110-88 Dimension or area reduction below Building permits minimum 110-254 Residential planned unit develop- M-1 Light Industrial and Research ments 110-406 and Development District 110-356 Townhouses 110-378 R-1 Low Density Residential District 110-276 Buildings R-3 Medium Density Residential Dis- Lot and street requirements for 110-255 tract 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 Reuse of area used for density calcu- lation 110-253 Townhouses 110-372 "4011111) Supp.No. 13 CDi:24 CODE INDEX kille Section Section LIGHTS AND LIGHTING(Cont'd.) LOADS Penalty 34-208 Truck loads causing litter 34-34 Policy established 34-207 Sea turtles LOCAL IMPROVEMENTS. See: PUBLIC Publicly owned lighting regulations14-57 WORKS AND IMPROVEMENTS Signs 94-63 LOCAL PLANNING AGENCY Solid waste Planning and zoning board 58-26 et seq. Transporting regulations 62-7 See:PLANNING AND ZONING BOARD Spill-over lighting standards established34-209 Vehicles for hire 80-76(c) LOTS LIQUEFIED PETROLEUM GAS Land development code regulations re zon- Public service tax 70-26 et seq. 'ng 110-26 et seq. See:TAXATION See:LAND DEVELOPMENT CODE Subdivisions LITTER AND LITTERING Land development code regulations 98-1 et seq. Abatement;assessment 34-43 See:LAND DEVELOPMENT CODE Aircraft,dropping from 34-35 LOUDSPEAKERS Burial of trash,rubbish or other debris34-41 Noises,enumeration of prohibited 34-153(3) Definitions 34-26 Enforcement 34-42 Gutters,sweeping into prohibited 34-31 M Handbills MALT BEVERAGES.See:ALCOHOLIC BEV- Depositing on uninhabited or vacant pre- ERAGES mises 34-53 Distribution prohibited where property MANUFACTURED GAS posted 34-54 Public service tax 70-26 et seq. Inhabited private premises,distribution See:TAXATION at 34-55 Throwing or distributing in public places 34-51 MAPS. See:SURVEYS,MAPS AND PLATS Lie Vehicles,placing on 34-52 Merchant's MARQUEES Duty to keep sidewalks free of litter 34-32 Signs Occupied private property,depositing on34-37 Land development code regulations.... 94-1 et seq. Owner's maintenance of premises 34-38 See:LAND DEVELOPMENT CODE Penalty 34-27 MAYOR Posting notices prohibited 34-40 City manager Property maintenance standards 34-91 et seq. Powers and duties 2-101(3) See: PROPERTY MAINTENANCE Civil emergencies generally 18-1 et seq. STANDARDS See:CIVIL EMERGENCIES Public places,litter in 34-29 Persons authorized to declare 18-2 Receptacles,placement in 34-30 River or other body of water,throwing in 34-36 MECHANICAL Sidewalks Mechanical code 82-196 et seq. Merchant's duty to keep sidewalks free Buildings and building regulations.See: of litter 34-32 LAND DEVELOPMENT CODE Truck loads 34-34 Unlawful deposit 34-28 MEDICAL SERVICES Vacant lots,depositing on 34-39 Fire protection services; emergency medi- Vehicles cal services 38-56 Litter throwing by persons in vehicle .. 34-33 MERCHANTS.See:PEDDLERS,CANVASS- Wetlands protection 106-26 et seq. ERS AND SOLICITORS See:LAND DEVELOPMENT CODE METERS LOADING AND UNLOADING Franchise regulations in general. See: Offstreet loading FRANCHISES(Appendix A) Land development code regulations re Taximeters 80-76(f) zoning 110-26 et seq. See:LAND DEVELOPMENT CODE MINORS Out of repair vehicles Fireworks 4111100i Noises,enumeration of prohibited 34-153(7) Operator regulations 38-85 Supp.No. 13 CDi:31 CAPE CANAVERAL CODE Section Section „qui) MINORS(Cont'd.) MOTOR VEHICLES AND TRAFFIC(Cont'd.) Sexually oriented businesses, adult enter- Fire lanes,designation of 74-62 tainment establishments 10-86 et seq. No parking zones,authority to establish 74-58 Unlawful provisions re minors 10-122 Overnight parking 74-61 MOBILE HOMES AND MOBILE HOME Penalties 74-56 State law adopted 74-56 PARKS Beautification board Truck parking 74-60 Signs Generally 2-181 et seq. Land development code regulations.... 94-1 et seq. See:BEAUTIFICATION BOARD See:LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq. Truck routes 74-32 See:LAND DEVELOPMENT CODE Solicitors, peddlers and itinerant mer- Land development code regulations re zon- chants 16-26 et seq. ing 110-26 et seq. See: PEDDLERS, CANVASSERS AND See:LAND DEVELOPMENT CODE SOLICITORS MONIES OF CITY.See:FINANCES Solid waste Transporting regulations 62-7 MONTHS Stopping and standing. See herein: Park- Definitions and rules of construction 1-2 ing,Stopping and Standing Public service tax,monthly computation 70-34 Through streets,parking,etc. MONUMENTS AND MARKERS Certain ordinances not affected by Code 1-10(a)(8) Subdivisions Travel on other than streets or highways. 74-1 Land development code regulations98-1 et seq. Trucks See:LAND DEVELOPMENT CODE Applicability of provisions 74-27 Definitions 74-26 MOTOR VEHICLES AND TRAFFIC Exceptions 74-29 Alcoholic beverages Parking 74-60 Motor vehicle regulations 6-51 et seq. Penalties 74-28 See:ALCOHOLIC BEVERAGES Truck loads 34-34 Concurrency management system 86-1 et seq. Truck routes See: MOTOR VEHICLES AND TRAF- Established 74-30 FIC Inside origin 74-30(2) Dune parking prohibited 74-59 Maps of truck routes 74-31 Exhaust Outside origin 74-30(1) Noises,enumeration of prohibited 34-153(6) Signs for truck routes 74-32 Fire lanes Vehicles for hire 80-1 et seq. Designation of 74-62 See:VEHICLES FOR HIRE Handbills MOTORBOATS. See: BOATS, DOCKS AND Placing in vehicles 34-52 WATERWAYS Land development code regulations re zon- ing 110-26 et seq. MUFFLERS See:LAND DEVELOPMENT CODE Noises,enumeration of prohibited 34-153(6) Litter Throwing by person in vehicles 34-33 MUSICAL INSTRUMENTS Maps Noises,enumeration of prohibited 34-153(2) Truck routes 74-31 No parking zone,authority to establish74-58 N Noises NATIONAL ORIGIN DISCRIMINATION Exhausts 34-153(6) Human rights,discrimination prohibited . 40-28 Horns,signal devices 34-153(1) Out of repair vehicles 34-153(7) NATURAL DISASTERS. See: CIVIL EMER- Out of repair vehicles GENCIES Noises,enumeration of prohibited 34-153(7) NATURAL GAS Outdoor entertainment permit require- Public service tax 70-26 et seq. ments 10-62(4) See:TAXATION Overnight parking 74-61 Parking,stopping and standing NOISE County's civil traffic infraction hearing Construction noise 34-154 officer program adopted 74-63 Declaration of policy to prohibit noise .... 34-151 Dune parking prohibited 74-59 Enumeration of prohibited noises 34-153 Supp.No. 13 CDi:32 CODE INDEX (NW Section Section PLANNED UNIT DEVELOPMENTS PLUMBING Land development code regulations re zon- Fees schedule in general. See: FEES(Ap- ing 110-26 et seq. pendix B) See:LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE PLANNING AND DEVELOPMENT Plumbing code 82-146 et seq. Beautification board 2-181 et seq. Buildings and building regulations.ulations.See: Business and cultural development board22-26 et seq. LAND DEVELOPMENT CODE Community appearance review board 22-36 et seq. Public service tax 70-26 et seq. Comprehensive plan See:TAXATION Designation of agency,department,corn- Sanitary sewer system 78-26 et seq. mittee or person to prepare 58-58 See: SEWERS AND SEWAGE DIS- Flood damage prevention 90-26 et seq. POSAL See:LAND DEVELOPMENT CODE Maintenance of plumbing system 78-35 Franchise regulations in general. See: POLES AND WIRES FRANCHISES(Appendix A) Cable television franchise. See: FRAN- Impact fees generally 2-231 et seq. CHISES(Appendix A) See:IMPACT FEES Land development code regulations re zon- Signs ing 110-26 et seq. Land development code regulations.... 94-1 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Local planning agency POLICE DEPARTMENT Designation and establishment 58-56 Court costs for police education and train- Designation of agency,department,corn- ing 50-3 mittee or person to prepare com- Fees schedule in general. See: FEES (Ap- prehensive plan 58-58 pendix B) Duties and responsibilities 58-57 Police department Plan checking fee Duties of chief of police and/or precinct Fees schedule in general. See: FEES supervisor 42-26 (Appendix B) Vehicles for hire Planning and zoning board Receiving police radio calls prohibited; Beautification board, coordination with 2-185 radios which may be used 80-81 Duties 58-34 POLITICAL SIGNS Established 58-26 Signs Indebtedness 58-36 Land development code regulations.... 94-1 et seq. Subdivisions See:LAND DEVELOPMENT CODE Land development code regulations . 98-1 et seq. See: LAND DEVELOPMENT PRIVATE CLUBS CODE Human rights,discrimination prohibited . 40-28 Sanitary sewer system 78-26 et seq. PROCEEDINGS.See:SUITS,ACTIONS AND See: SEWERS AND SEWAGE DIS- OTHER PROCEEDINGS POSAL Signs PROFESSIONS Land development code regulations 94-1 et seq. Occupational license tax 70-66 et seq. See:LAND DEVELOPMENT CODE See:TAXATION Street excavations 66-61 et seq. See: STREETS, SIDEWALKS AND PROPERTY OTHER PUBLIC WAYS Abandoned property generally 34-180 et seq. Subdivisions See:ABANDONED PROPERTY Land development code regulations.... 98-1 et seq. Code enforcement citations See:LAND DEVELOPMENT CODE Enter upon property (inspection war- 290 Tree protection,land clearing 102-36 et seq. rant) See:LAND DEVELOPMENT CODE Numbering of buildings and property 82-366 ett seq. seq. Vested rights 115-1 et seq. See:LAND DEVELOPMENT CODE See:VESTED RIGHTS Property maintenance code 82-221 et seq. Buildings and building regulations.See: PLANT LIFE.See:WEEDS AND DEAD VEG- LAND DEVELOPMENT CODE ETATION Signs Land development code regulations 94-1 et seq. PLATS.See:SURVEYS,MAPS AND PLATS See:LAND DEVELOPMENT CODE Supp.No. 13 CDi:35 CAPE CANAVERAL CODE Section Section PROPERTY(Cont'd.) PUBLIC WORKS AND IMPROVEMENTS Vested rights 115-1 et seq. (Cont'd.) See:VESTED RIGHTS Subdivisions Land development code regulations.... 98-1 et seq. PROPERTY MAINTENANCE STANDARDS See:LAND DEVELOPMENT CODE Authority 34-92 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- Wetlands protection 106-26 et seq. nance 34-97 See:LAND DEVELOPMENT CODE Enforcement 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) Blanket purchase orders 2-224 PUBLIC NUDITY.See:NUDITY 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 2-181 et seq. Without collecting public service tax, See:BEAUTIFICATION BOARD purchase of 70-37 Certain ordinances not affected by Code.. 1-10(aX11) PYROTECHNICS.See: FIREWORKS Concurrency management 86-1 et seq. See:LAND DEVELOPMENT CODE R Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE RACIAL DISCRIMINATION Franchise regulations in general. See: Human rights,discrimination prohibited . 40-28 FRANCHISES(Appendix A) RADIOLOGICAL WASTE.See:SOLID WASTE Land development code regulations re zon- ing 110-26 et seq. RADIOS See:LAND DEVELOPMENT CODE Noises,enumeration of prohibited 34-153(2) Local planning agency 58-56 et seq. Vehicles for hire See:PLANNING AND DEVELOPMENT Receiving police radio calls prohibited; Public service tax generally 70-26 et seq. radios which may be used 80-81 See:TAXATION RAILROADS AND TRAINS Signs Franchise regulations in Land development code regulations.... 94-1 et seq. general. See: FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE Street excavations 66-61 et seq. RECORDS AND REPORTS See: STREETS, SIDEWALKS AND City clerk OTHER PUBLIC WAYS Duties 2-116(1) Supp.No. 13 CDi:36 CODE INDEX Le Section Section RECORDS AND REPORTS(Cont'd.) ROAD SIGNS Franchise regulations in general. See: Land development code regulations 94-1 et seq. FRANCHISES(Appendix A) Occupational license tax ROBBERY ALARMS.See:ALARM SYSTEMS Form signing of licenses;report of infor- RUBBISH.See:SOLID WASTE mation 70-70 Records of issued licenses 70-86 S Records of licensees 70-87 Sewers SALES Industrial or commercial wastewater Utility service without collection of public monitoring reporting re discharges 78-100 service tax 70-40 Sexually oriented businesses, adult enter- tainment establishments license SANITARY SEWER SYSTEM.See:SEWERS Records,reports 10-105 AND SEWAGE DISPOSAL Worker records 10-110 SCREENS AND SCREENING Solicitors, peddlers and itinerant mer- Property maintenance standards 34-91 et seq. chants See: PROPERTY MAINTENANCE Permit record 16-53 STANDARDS Report of violations 16-31 Subdivisions SEA TURTLES.See:ANIMALS AND FOWL Land development code regulations 98-1 et seq. See:LAND DEVELOPMENT CODE SEAL OF CITY Vehicles for hire City clerk Maintenance of records 80-85 Duties 2-116(1) Report to accidents 80-88 SEPTIC TANKS RECREATION. See: PARKS AND RECRE- Sanitary sewer requirements 78-34 ATION SERGEANT AT ARMS Le. RECYCLABLE MATERIALS City council 2-63 Residences 62-9(b) SETBACKS Solid waste generally 62-1 et seq. Land development code regulations re zon- See:SOLID WASTE mg 110-26 et seq. REFUSE.See:SOLID WASTE See:LAND DEVELOPMENT CODE REGULAR MEETINGS SEWERS AND SEWAGE DISPOSAL Building sewers and connections.See herein: City council 2-56 Industrial and Commercial Use RESIDENTIAL DISTRICTS Commercial use.See herein:Industrial and Land development code regulations re zon- Commercial Use ing 110-26 et seq. Concurrency management 86-1 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Signs 94-96 et seq. Connection with sewer Solid waste Late connection charge 78-28 Fees schedule in general. See: FEES Required 78-27 (Appendix B) Unlawful connection 78-29 Deposit required 78-151 RESIDENTIAL PLANNED UNIT DEVELOP- Disposal 78-33 MENTS Failure to maintain plumbing system 78-36 Land development code regulations re zon- Fees schedule in general. See: FEES(Ap- ing 110-26 et seq. pendix B) See:LAND DEVELOPMENT CODE Free service 78-37 REVENUES OF CITY.See:FINANCES Impact fees Change of use 78-128 REZONING Cost of living increase 78-129 Certain ordinances not affected by Code.. 1-10(aX9) Established 78-121 Excessive quantity of wastewater 78-123 RIGHTS Full payment required prior to issuance Certain ordinances not affected by Code.. 1-10(aX4) of certificate or license 78-125 Code does not affect prior rights estab- Generally 2-231 et seq. kb,' fished or occurring 1-8 See: IMPACT FEES Supp.No. 13 CDi:37 CAPE CANAVERAL CODE Section Section No) SEWERS AND SEWAGE DISPOSAL(Cont'd.) SEWERS AND SEWAGE DISPOSAL(Cont'd.) 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) SEXUALLY ORIENTED BUSINESSES, Public sewers,connection to 78-85 Separate sewers for each building78-76 ADULT ENTERTAINMENT ESTAB- Specifications 78-81 LISHMENTS Definitions 78-51 Adult performance establishment 10-114 Discharges Alcoholic beverages establishments Fees 78-99 Nudity on premises where alcohol served, General prohibitions and limitations 78-96 consumed or stored 6-27 Industrial or commercial wastewater Commercial bodily contact establishments 10-115 monitoring and reporting 78-100 Prohibited;savings provision 10-127 Permission to use sewer system;waste- Commercial bodily contact;unlawful provi- water discharge permit 78-98 sions 10-126 "iiii) Prohibited wastes,control of 78-97 Construction 10-88 Wastewater discharge permit 78-98 Definitions 10-90 Emergency,termination of service in... 78-58 Engaging in prohibited activity Enforcement;authority;minimum stan- Customers 10-117 dards 78-53 Workers; operators 10-118 Inspectors Escort service 10-116 Power and authority of 78-56 Escorts, escort services 10-125 Judicial remedies 78-61 Fees schedule in general. See: FEES(Ap- Public sewers,use of required 78-55 pendia B) Publication of significant violation 78-62 General requirements 10-111 Purpose 78-52 Hours of operation;unlawful provisions .. 10-124 Rates and charges Immunity from prosecution 10-130 Surcharge for abnormal strength Land development code regulations re zon- wastes 78-111 ing 110-26 et seq. Right of refusal 78-57 See:LAND DEVELOPMENT CODE Land development code regulations re zon- License ing 110-26 et seq. Annual license fee 10-103 See:LAND DEVELOPMENT CODE Application;fee 10-95 Maintenance of plumbing system 78-35 Consent 10-98 Monthly sewer rates 78-152 Contents of application 10-96 Old plumbing,connecting 78-31 Contents of license,term,renewals,ex- Payment of sewer charges required 78-153 piration, lapse, nonconforming es- Penalties 78-26 tablishments 10-104 Private water supply Continuing duty;false,misleading infor- Sewer fees where owner has 78-154 mation 10-97 Public service tax generally 70-26 et seq. Investigation of applicant 10-99 See:TAXATION Issuance or denial of license 10-100 Rates and charges Operation without license 10-119 Monthly sewer rates 78-152 Reapplication after denial 10-102 Supp.No. 13 CDi:38 CODE INDEX +° Section Section SEXUALLY ORIENTED BUSINESSES, SITE PLANS(Cont'd.) ADULT ENTERTAINMENT ESTAB- Land development code regulations re zon- LISHMENTS(Cont'd.) ing 110-26 et seq. Reasons for denial of application of li- See:LAND DEVELOPMENT CODE cense 10-101 Planning and zoning board 58-26 et seq. Records,reports 10-105 See:PLANNING AND ZONING BOARD Required 10-93 Suspension,revocation of license 10-108 SLOT MACHINES OR DEVICES Transfer of license 10-106 Definitions 10-201 Location,distance requirements 110-352(7) Exemption 10-203 Minors;unlawful provisions 10-122 Prohibited 10-202 Name change(establishment) 10-107 Purpose;intent 10-200 Notice 10-91 Obscenity;indecent exposure unlawful 10-89 SOLICITORS. See: PEDDLERS, CANVASS- Occupational licenses;home occupations10-128 ERS AND SOLICITORS Offices, departments (other); responsibili- ties 10-94 SOLID WASTE Operation contrary to operational require- City ments 10-120 Authority to collect 62-3 Penalties;remedies;relief 10-92 Ownership by city 62-4 Purpose, findings, intent; incorporation of Complaint procedure 62-6 whereas clauses 10-87 Concurrency management 86-1 et seq. Records;unlawful provisions 10-123 See:LAND DEVELOPMENT CODE Restrooms,dressing rooms,use of 10-121 Containers Sexual encounter businesses prohibited; Required 62-8 prohibited acts 10-129 Definitions 62-1 Sexually oriented businesses 10-112 Fees schedule in general. See: FEES (Ap- Short title 10-86 pendia B) (Ililmie Suspension,revocation proceedings 10-109 Ownership by city 62-4 Theater(adult) 10-113 Penalties 62-2 Worker records 10-110 Proper disposal prerequisite to collection . 62-10 Public nuisances prohibited SHOPPING CENTERS Dead plants,refuse,debris Signs Yards,etc.,to be kept free of 34-122 Land development code regulations.... 94-1 et seq. Regulations on file 62-12 See:LAND DEVELOPMENT CODE Residential solid waste pickup conditions SHOUTING Location of solid waste containers 62-9(f) Noises,enumeration of prohibited 34-153(4) Pickup 62-9(e) Recyclable material 62-9(b) SIDEWALKS. See: STREETS, SIDEWALKS Separation of solid waste 62-9(a) AND OTHER PUBLIC WAYS Solid waste 62-9(d) Yard waste 62-9(c) SIGNS AND BILLBOARDS Sanitary sewer system 78-26 et seq. Fees schedule in general. See: FEES(Ap- See: SEWERS AND SEWAGE DIS- pendix B) POSAL Handbills Schedule of fees 62-5 Litter regulations 34-51 et seq. Transporting 62-7 See:LI'PI'ER Tree protection,land clearing 102-36 et seq. Property maintenance standards See:LAND DEVELOPMENT CODE Sign appearance and maintenance 34-100 Unlawful acts Specific regulations pertaining signs 94-1 et seq. Burning or burying of solid waste 62-11(c) See:SIGNS AND BILLBOARDS Container of another 62-11(b) Truck routes,signs for 74-32 Hazardous waste 62-11(f) SINGING Obstruction 62-11(a) Noises,enumeration of prohibited 34-153(4) Unlawful accumulations 62-11(d) Unlawful disposal 62-11(e) SITE PLANS Fees schedule in general. See: FEES(Ap- SOUND AMPLIFIERS (Iliie pendia B) Noises,enumeration of prohibited 34-153(3) Supp.No. 13 CDi:39 CAPE CANAVERAL CODE Section Section STATE STREETS,SIDEWALKS AND OTHER PUB- Abandoned property LIC WAYS(Cont'd.) Notification of owner;following removal Cable television franchise by city Conditions of street occupancy. See: Documentation filed with state 34-185(e) FRANCHISES(Appendix A) Definitions and rules of construction 1-2 Certain ordinances not affected by Code.. 1-10(aX5) Election code adopted 26-1 Concurrency management system 86-1 et seq. Law See: MOTOR VEHICLES AND TRAF- City attorney FIC Duties 2-126(3) Excavations Misdemeanor acts adopted,penalty 50-1 City Parking,state law adopted 74-56 Authority of city 66-64 Vehicles for hire Right to restore surface 66-69 Application of provisions to vehicle, op- Cleanup 66-68 erator regulator by state govern- Emergencies 66-70 ment 80-2 Engineering details 66-66 STORAGE Guarantee 66-67 Abandoned vehicles on private property.. 34-181 Inspections 66-63 Fireworks Liability of city 66-62 Private use,storage,display prohibited; Method of installation 66-65 public displays authorized by per- Penalty 66-61 mit only 38-82 Permit Storage of materials 38-87 Application 66-82 Temporary storage units 82-400 Cash deposits 66-84 Fee 66-83 STORMWATER DRAINAGE Required 66-81 Certain ordinances not affected by Code.. 1-10(a)(17) Fire lanes,designation of 74-62 Stormwater drainage utility Franchise agreements 66-1 Creation 78-275 Franchise regulations in general. See: Definitions,construction 78-277 FRANCHISES(Appendix A) Determination of ERUs 78-301 Grades Fee,stormwater 78-300 Certain ordinances not affected by Code 1-10(aX10) Findings,determinations,powers 78-276 Handbills Operating budget 78-278 Throwing or distributing in public places 34-51 Program responsibility 78-325 Impact fees generally 2-231 et seq. Stormwater management utility enter- See:IMPACT FEES prise fund 78-326 Subdivisions Land development code regulations re zon- Land development code regulations 98-1 et seq. ing 110-26 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Lighting 34-206 et seq. STORMWATER MANAGEMENT See:LIGHTING Fees schedule in general. See: FEES(Ap- Litter 34-26 et seq. pendia B) See:LITTER Sanitary sewer system 78-26 et seq. Local planning agency 58-56 et seq. See: SEWERS AND SEWAGE DIS- See:PLANNING AND DEVELOPMENT POSAL Noise Street excavations 66-61 et seq. Enumeration of prohibited 34-153(4) See: STREETS, SIDEWALKS AND Open containers OTHER PUBLIC WAYS Prohibited in motor vehicles 6-68 Wetlands protection 106-26 et seq. Parks and recreation areas 54-1 et seq. See:LAND DEVELOPMENT CODE See:PARKS AND RECREATION STREETS,SIDEWALKS AND OTHER PUB- Property maintenance standards 34-91 et seq. LIC WAYS See: PROPERTY MAINTENANCE Alcoholic beverages STANDARDS Possession and consumption 6-51 Public service tax generally 70-26 et seq. Beach end streets See:TAXATION Camping prohibited 50-4 Right-of-way Beautification board generally 2-181 et seq. Use agreements 66-1 See:BEAUTIFICATION BOARD Camping prohibited 50-4 Supp.No. 13 CDi:40 CODE INDEX Le Section Section STREETS,SIDEWALKS AND OTHER PUB- SUBDIVISIONS(Cont'd.) LIC WAYS(Cont'd.) Public service tax generally 70-26 et seq. Signs See:TAXATION Land development code regulations.... 94-1 et seq. Purchasing See:LAND DEVELOPMENT CODE Prohibition against subdivisions 2-223 Solicitors, peddlers and itinerant mer- Sanitary sewer system 78-26 et seq. chants 16-26 et seq. See: SEWERS AND SEWAGE DIS- See: PEDDLERS, CANVASSERS AND POSAL SOLICITORS Street excavations 66-61 et seq. Solid waste generally 62-1 et seq. See: STREETS, SIDEWALKS AND See:SOLID WASTE OTHER PUBLIC WAYS Transporting regulations 62-7 Wetlands protection 106-26 et seq. Street lights See:LAND DEVELOPMENT CODE Sea turtle regulations 14-57 Streets SUITS,ACTIONS AND OTHER PROCEED- Abandonment INGS Authority 66-36 Codes does not affect prior acts committed Ordinance required 66-39 or done 1-8 Petition Effect of repeal of ordinances on suits or For action 66-37 proceedings pending 1-9(b) Procedure 66-38 Civil liability for damage 66-26 SURFACE DRAINAGE Speed bumps 66-27 Subdivisions Subdivisions Land development code regulations.... 98-1 et seq. Land development code regulations 98-1 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Traffic SURVEYS,MAPS AND PLATS Certain ordinances not affected by Code 1-10(aX8) Amendment to zoning map (111111me Travel on other than streets or highways 74-1 Certain ordinances not affected by Code 1-10(aX9) Tree protection,land clearing 102-36 et seq. City engineer See:LAND DEVELOPMENT CODE Duties 2-151(1) Trucks generally 74-26 et seq. Dedicating or accepting See: MOTOR VEHICLES AND TRAF- Certain ordinances not affected by Code 1-10(aX12) FIC Franchise regulations in general. See: Weeds and vegetation 34-121 et seq. FRANCHISES(Appendix A) See: WEEDS AND DEAD VEGETA- Outdoor entertainment permit require- TION ments 10-62(2) Wetlands protection 106-26 et seq. Subdivisions See:LAND DEVELOPMENT CODE Land development code regulations.... 98-1 et seq. Yelling,shouting,hooting,whistling,sing- See:LAND DEVELOPMENT CODE ing Truck routes,map of 74-31 SUBDIVISIONS SWEAR OR SWORN.See:OATH,AFFIRMA- Beautification board generally 2-181 et seq. TION,SWEAR OR SWORN See:BEAUTIFICATION BOARD SWIMMING POOLS Dedicating or accepting Certain ordinances not affected by Code 1-10(aX12) Land development code regulations re zon- Fees schedule in general. See: FEES(Ap- mg 110-26 et seq. pendix B) See:LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE T Impact fees generally 2-231 et seq. See:IMPACT FEES TAXATION Land development code Certain ordinances not affected by Code.. 1-10(aX7) Regulations re subdivisions 98-1 et seq. Fees schedule in general. See: FEES(Ap- See:LAND DEVELOPMENT CODE pendia B) Regulations re zoning 110-26 et seq. Franchise regulations in general. See: See:LAND DEVELOPMENT CODE FRANCHISES(Appendix A) Planning and zoning board 58-26 et seq. Local improvements See:PLANNINGAND ZONING BOARD Certain ordinances not affected by Code 1-10(aXll) (hie Supp.No. 13 CDi:41 CAPE CANAVERAL CODE Section Section TAXATION(Cont'd.) TAXATION(Cont'd.) Occupational license tax Payment of utilities service without pay- Contractors and subcontractors ment of tax 70-41 Special requirements for 70-85 Penalty 70-43 Definitions 70-66 Purchase of utilities service Delinquencies 70-76 Generally 70-33 Engaging in business Without collecting tax 70-37 Evidence of engaging in business ... 70-72 Records 70-36 Without paying tax or making reports 70-71 Sale of utilities service without collec- Exemptions 70-83 tion of tax 70-40 Insurance 70-84 Vehicles for hire Levied 70-67 Licenses and fees to be in addition to Licenses other taxes and charges 80-3 Application for False statements in 70-73 TAXICABS.See:VEHICLES FOR HIRE Businesses not otherwise designated, TECHNICAL CODES license tax for 70-88 Building codes. See also: LAND DEVEL- Display of license 70-79 OPMENT CODE Duplicate,issuance of 70-80 Building code 82-31 et seq. Failure to obtain or renew license... 70-75 Coastal construction code 82-88 et seq. Form of licenses 70-70 Electrical code 82-116 et seq. Issuance Existing standard building code 82-233 et seq. Payment of tax prerequisite to ... 70-69 Fuel gas code 82-171 et seq. Records of issued licenses 70-86 Mechanical code 82-196 et seq. License year 70-74 Plumbing code 82-146 et seq. Multiple licenses 70-78 Property maintenance code 82-221 et seq. Payment of tax prerequisite to issu- Unsafe building abatement code 82-56 et seq. ance 70-69 Preservation of license 70-79 Fire prevention code 38-26 et seq. See:FIRE PREVENTION Records of licensees 70-87 Report of information 70-70 Florida Fire Prevention Code 38-26,38-27 ,....) Required 70-69 Life Safety Code 38-28,38-29 Separate license required for each TELEGRAPH SERVICES place of business 70-77 Public service tax generally 70-26 et seq. Signing of licenses 70-70 See:TAXATION Term of license 70-74 Transferability 70-81 TELEPHONES Proration of tax 70-74 Automatic telephone direct dialing device; Rate schedule 70-89 digital alarm communicator system . 30-37 Records of licensees 70-87 Franchise regulations in general. See: Refunds 70-82 FRANCHISES(Appendix A) Tax payment date 70-74 Violations and penalties 70-68 TELEVISIONS Failure to obtain or renew license70-75 Franchise regulations in general. See: Public service tax FRANCHISES(Appendix A) Applicability '70-28 Noises,enumeration of prohibited 34-153(2) Appropriation of revenue 70-44 Authority;findings 70-27 TENSE Collection 70-35 Definitions and rules of construction 1-2 Computation 70-32 TIME Continuance of tax and appropriation70-45 Computation of time Definitions 70-26 Definitions and rules of construction... 1-2 Discontinuance of utilities service 70-39 Exemptions 70-30 TOPOGRAPHY Failure to pay tax Property maintenance standards 34-91 et seq. Collected 70-38 See: PROPERTY MAINTENANCE Generally 70-42 STANDARDS Levied 70-29 Subdivisions Monthly computation 70-34 Land development code regulations.... 98-1 et seq. Payment 70-31 See:LAND DEVELOPMENT CODE ......) Supp.No. 13 CDi:42