HomeMy WebLinkAboutSupplement 07 L
SUPPLEMENT NO. 7
November 1999
CODE OF ORDINANCES
City of
CAPE CANAVERAL,FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 10-99, enacted September 7, 1999.
See the Code Comparative Table for further information.
Included in the Charter is:
Ordinance No. 23-98, adopted July 7, 1998.
See the Charter Comparative Table for further information.
Remove old pages Insert new pages
xi—xviii xi—xviii
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‘111001
(following Table of Contents)
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CD34:17—CD34:19 CD34:17—CD34:20
CD58:5 CD58:5
CD74:5, CD74:6 CD74:5, CD74:6
CD110:2.1—CD110:6 CD110:3—CD110:6
CD110:21—CD110:22.1 CD110:21, CD110:22
CD110:41—CD110:46 CD110:41—CD110:46.4
CD110:59, CD110:60 CD110:59, CD110:60
CDA:1, CDA:2 CDA:1, CDA:2
CDA:3—CDA:22 CDA:3—CDA:31
CDB:10.1—CDB:15 CDB:11—CDB:17
CCT:13—CCT:16 CCT:13—CCT:16
SLT:1, SLT:2 SLT:1—SLT:3
CDi:3—CDi:12.1 CDi:3—CDi:12.1
CDi:21—CDi:28.1 CDi:21—CDi:28.1
CDi:33—CDi:43 CDi:33—CDi:43
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INSTRUCTION SHEET—Cont'd.
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Post Office Box 2235
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Tallahassee, FL 32316
(850) 576-3171
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TABLE OF CONTENTS
Page
Officials of the City at the Time of this Codification iii
Preface v
Adopting Ordinance ix
Checklist of Up-to-Date Pages [1]
PART I
CHARTER
Charter CHT:1
Art. I. [General Provisions] CHT:5
Art. II. General Powers CHT:7
Art. III. Elected Officers, Qualifications and Terms CHT:8
Art. W The Mayor, Powers and Duties CHT:9
Art. V. The City Council, Organization and Powers CHT:9
Art. VI. City Manager CHT:9
Art. VII. City Attorney CHT:10
Art. VIII. City Clerk CHT:10
Art. IX. City Tax Assessor
CHT:10
Art. X. City Tax Collector CHT:10
Art. XI. City Treasurer CHT:10
Art.XII. Municipal Court CHT:11
Art.XIII. Police Department CHT:11
Art.XIV. Fire Department CHT:11
Art. XV. Public Works CHT:12
Art. XVI. Boards and Agencies CHT:12
Art. XVII. General Finance Provisions, Budget, Audit
and Purchasing CHT:13
Art. XVIII. Revenue and Taxation CHT:14
Art. XIX. Collection of Delinquent Taxes CHT:14
Art. XX. Financing Public Improvements CHT:14
Art. XXI. Elections CHT:14
Art.XXII. Abatement of Nuisances CHT:16
Art.XXIII. Extension of the Corporate Limits CHT:16
Art. XXIV. Miscellaneous CHT:16
Charter Comparative Table—Laws of Florida CHTCT:1
Charter Comparative Table—Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
(1111100./ Subpart A_ General Ordinances CD1:1
1. General Provisions CD1:1
Supp.No.7 xi
CAPE CANAVERAL CODE
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 CD2:11
Art. V. Finance CD2:12
Div. 1. Generally CD2:12
Div. 2. Purchasing CD2:13
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:18
Div. 1. Generally CD2:18
Div. 2. Code Enforcement Board CD2:19
3-5. Reserved CD3:1
6. Alcoholic Beverages CD6:1
Art. I. In General CD6:3
Art. II. Operation of Establishments CD6:3
Art. III. Possession and Consumption CD6:4
Div. 1. Generally CD6:4
Div. 2. Motor Vehicles CD6:4
7-9. Reserved CD7:1
10. Amusements and Entertainments CD10:1
Art. I. In General CD10:3
Art. II. Amusement Device Code CD10:3
Art. III. Outdoor Entertainment CD10:3
Div. 1. Generally CD10:3
Div. 2. Permit CD10:4
Art. IV. Adult Entertainment CD10:6
Div. 1. Generally CD10:6
Div. 2. License for Establishment CD10:13
Div. 3. Permit for Employees CD10:19
Div. 4. Operation of Establishments CD10:22
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General CD14:3
Art. II. County Animal Control Ordinance CD14:3
Art. III. Sea Turtles CD14:3
Supp.No.7 Xii
TABLE OF CONTENTS—Cont'd.
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 Board CD22:3
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
Div. 1. Generally CD30:3
Div. 2. Permit CD30:5
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. Abatement CD34:6
Art. III. Property Maintenance Standards CD34:7
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 CD38:7
Art. V. Hazardous Materials and Substances CD38:8
Supp.No.7 Mill
CAPE CANAVERAL CODE
39. Reserved CD39:1
40. Human Relations CD40:1
Art. I. In General CD40:3
Art. II. Human Rights CD40:3
41. Reserved CD41:1
42. Law Enforcement CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
43-45. Reserved CD43:1
46. Library CD46:1
Art. I. In General CD46:3
Art. II. Library Board CD46:3
47-49. Reserved CD47:1
50. Offenses and Miscellaneous Provisions CD50:1
51-53. Reserved CD51:1
54. Parks and Recreation CD54:1
Art. I. In General CD54:3
Art. II. Recreation Board CD54:3
Art. III. Vessel Control and Water Safety CD54:4
N.ravOld
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 CD58:5
59-61. Reserved CD59:1
62. Solid Waste CD62:1
63-65. Reserved CD63:1
66. Streets, Sidewalks and Other Public Places CD66:1
Art. I. In General CD66:3
Art. II. Streets CD66:5
Div. 1. Generally CD66:5
Div. 2. Abandonment CD66:5
Art. III. Excavations CD66:6
Div. 1. Generally CD66:6
Div. 2. Permit CD66:7
67-69. Reserved CD67:1
70. Taxation CD70:1
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Art. III. Occupational License Tax CD70:6
71-73. Reserved CD71:1
Supp. No. 7 xiv
(11111Ple
TABLE OF CONTENTS—Cont'd.
74. Traffic and Vehicles CD74:1
Art. I. In General CD74:3
Art. II. Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75:1
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. IL Building Sewers and Connections CD78:11
Subdiv. III. Discharges CD78:13
Subdiv. N. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates,Deposits and Billing Procedures CD78:23
Art. IV. Reclaimed Water CD78:25
Div. 1. Generally CD78:25
Div. 2. Installation and Inspection of the Reclaimed
Water System CD78:26.1
79. Reserved CD79:1
Listi 80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Necessity,
License CD80:4
Art. III. Driver's Permit CD80:5
Art. IV. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. In General CD82:5
Art. II. Building Code CD82:5
Art. III. Unsafe Building Abatement Code CD82:6
Art. IV Coastal Construction Code CD82:7
Art. V. Electrical Code CD82:13
Art. VI. Plumbing Code CD82:13
Art. VII. Gas Code CD82:14
Art. VIII. Mechanical Code CD82:15
Art. IX. Solar Energy Standards CD82:16
Art. X. Swimming Pool Code CD82:16
Art. XI. Housing Code CD82:16
Art. XII. Excavation and Grading Code CD82:17
Art. XIII. Threshold Buildings CD82:17
Art. XIV Numbering of Buildings and Property CD82:17
Lee 83-85. Reserved CD83:1
86. Concurrency ManagementY System CD86:1
Supp.No.7 XV
CAPE CANAVERAL CODE
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:3
Art. II. Flood Damage Prevention CD90:3
Div. 1. Generally CD90:3
Div. 2. Administration CD90:7
Div. 3. Flood Hazard Reduction CD90:10
Art. HI. Floodplain Protection CD90:15
Art. IV. Stormwater Management CD90:17
Div. 1. Generally CD90:17
Div. 2. Permit CD90:20
Div. 3. Performance Standards CD90:22
Div. 4. Design Standards CD90:24
Div. 5. Maintenance CD90:26
91-93. Reserved CD91:1
94. Signs CD94:1
Art. I. In General CD94:3
Art. H. Permits and Inspection CD94:7
Art. HI. Size, Location and Construction CD94:8
Div. 1. Generally CD94:8
Div. 2. Types of Signs CD94:9
Div. 3. District Regulations CD94:12
95-97. Reserved CD95:1
98. Subdivisions CD98:1
Art. I. In General CD98:3
Art. II. Plats CD98:7
Div. 1. Generally CD98:7
Div. 2. Preapplication CD98:8
Div. 3. Preliminary Plat CD98:8
Div. 4. Final Plat CD98:11
Art. III. Construction CD98:13
Div. 1. Generally CD98:13
Div. 2. Permit CD98:13
Div. 3. Inspections; Certificate of Completion CD98:14
Art. IV. Improvements CD98:15
Div. 1. Generally CD98:15
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 •••amil)
Supp.No.7 %Vi
TABLE OF CONTENTS-Cont'd.
Art. H. 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 CD 110:14
Div 2. Special Exceptions CD110:16
Div. 3. Variances CD110:18
Art. III. Administration and Enforcement CD110:19
Div. 1. Generally CD110:19
Div. 2. Permits CD110:20
Div. 3. Certificate of Occupancy CD110:21
Div. 4. Amendments and Rezonings CD110:22
Art. W. Special Exceptions CD110:23
Div. 1. Generally CD110:23
Div. 2. Alcoholic Beverages CD110:23
Art. V. Nonconformities CD110:25
Art. VI. Site Plans CD110:28.1
Art. VII. Districts CD110:30
Div. 1. Generally CD110:30
Div. 2. R-1 Low Density Residential District CD110:33
Losol 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 CD110:37
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 CD110:46.3
Div. 1. Generally CD110:46.3
Div. 2. Development Plans CD110:49
Div 3. Land Use Regulations CD110:56
Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
Div. 2. Offstreet Parking CD110:64.10
Div. 3. Offstreet Loading CD110:64.12
Div. 4. Home Occupations CD110:64.12
Div. 5. Setbacks CD110:65
Div. 6. Vehicles and Vessels CD110:67
Div. 7. Landscaping and Vegetation CD110:69
Div. 8. Swimming Pools CD110:71
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
ctisto„ Art. V. Water CDA:31
B. Schedule of Fees CDB:1
Supp.No. 7 xvii
CAPE CANAVERAL CODE
Appendix
Code Comparative Table—Laws of Florida CCT:1
Code Comparative Table-1981 Code CCT:3
Code Comparative Table—Ordinances and Resolutions CCT:9
State Law Reference Table SLT:1
Charter Index CHTi:1
Code Index CDi:1
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Supp.No.7 xviii
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Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis, it has become evident that through usage and
supplementation many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user
to determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume.The letters"OC"indicate the pages have not been reprinted
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When a page has been reprinted or printed in the Supplement Service, this
column reflects the identification number or Supplement Number printed on
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In addition to assisting existing holders of the Code, this list may be used
in compiling an up-to-date copy from the original Code and subsequent
Supplements.
Lose Page No. Supp. No. Page No. Supp.No.
Title page OC CD1:7 OC
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v, vi OC CD2:3 2
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CHARTER § 1
ARTICLE II. GENERAL POWERS* 8.-28. [Reserved]
Editor's note—Subsections 8.-28.,which
have not been amended by referendum after
Sec. 1. Extension of general powers. July 1, 1973,and which are not extraterrito-
rial powers,have been editorially deleted as
The city shall have the powers, functions and superseded by state law or unnecessary as
home rule powers of a municipality are de-
immunities granted to municipal corporations by rived from the constitution and F.S.ch. 166.
the Constitution and the general laws of the State 29. To drain swamp, marsh, overflow and
of Florida, as now or hereafter existing, together lowlands within or without the City for
with the implied powers necessary to carry into the betterment of sanitary conditions
execution all the powers granted. The enumera- within the City;
tion of particular powers by this act shall not be
deemed to be exclusive, and in addition to the 30., 31. [Reserved]
powers enumerated herein or implied hereby, or Editor's note—Subsections 30. and 31.,
appropriate to the exercise of such powers, it is which have not been amended by referendum
intended that the City shall have and exercise all after July 1, 1973, and which are not extra-
territorial powers, have been editorially de-
powers authorized by general laws of Florida leted as unnecessary as home rule powers of a
which it would be competent for this act to spe- municipality are derived from the constitu-
cifically enumerate. The following are among the tion and F.S.ch. 166.
powers of this City, subject to the limitations 32. To acquire, own, operate, lease, construct
hereinafter expressed: and maintain incinerators, sanitary land
1. To purchase,lease,receive and hold prop-
erty,real,personal and mixed,both within disposal within or without the corporate
and without its corporate limits, and to limits of the City;
lease, sell or otherwise dispose of the 33.-38. [Reserved]
same for the benefit of the City; Editor's note—Subsections 33.-38.,
2. To acquire title to submerged lands and which have not been amended by referendum
after July 1, 1973, and which are not extra-
riparian rights and easements or rights- territorial powers, have been editorially de-
of-way with or without restrictions,within leted as unnecessary as home rule powers of a
or without the corporate limits of the City; municipality are derived from the constitu-
tion and F.S.ch. 166.
3.-6. [Reserved] 39. To pass such ordinances as may be neces-
Editor's note—Subsections 3.-6.,which sary to protect and preserve peace and
have not been amended by referendum after order upon all property owned, leased,
July 1, 1973,and which are not extraterrito-
rial powers,have been editorially deleted as managed or controlled by the City outside
superseded by state law or unnecessary as its corporate limits;
home rule powers of a municipality are de-
rived from the constitution and F.S. ch. 166. 40.-60. [Reserved]
Editor's note—Subsections 40.-60.,
7. To construct,regulate,improve and main- which have not been amended by referendum
tale canals, rivers and other waterways, after July 1, 1973, and which are not extra-
and to control the development and use of territorial powers, have been editorially de-
such natural or artificial streams or bod- leted as superseded by state law or as unnec-
essary as home rule powers of a municipality
ies of water inside its corporate limits, or are derived from the constitution and F.S.ch.
outside its corporate limits where neces- 166.
sary for the health, safety and general 61. The City of Cape Canaveral shall have
welfare of the citizens of the City; the power to adopt laws,ordinances,rules
*State law reference—Municipal Home Rule Powers and regulations for the purpose of exercis-
Act,F.S.ch. 166. ing the foregoing powers and to do all
Supp.No. 7 CHT:7
§ 1 CAPE CANAVERAL CODE
other acts and perform all other functions Sec. 3. Compensation of officers.
reasonably required for the protection of
the public welfare, and the rights and The City Council may, by Ordinance, provide
privileges of the inhabitants of said City. for the compensation of the Mayor, its members
and its appointed officers, and the method of
payment of the same.
(Ord. No. 30-94, § 1, 8-2-94)
ARTICLE III. ELECTED OFFICERS,
QUALIFICATIONS AND TERMS* Sec. 4. Vacancies in elected offices.
Sec. 1. Qualifications of mayor and council- If any vacancy occurs in the City Council for
members. any reason other than the recall of a Council
Person, or a vacancy occurring due to a Council
The Mayor and members of the City Council Member's resignation pursuant to F.S. 99.012(3)
shall be residents of the City of Cape Canaveral commonly referred to as the "resign to run law,"
and shall have and possess the qualifications of the City Council shall, within thirty (30) days
electors therein. Any member of the Council or following the occurrence of a vacancy, elect a
any Mayor who shall cease to have and possess successor Council Member who shall serve until
the qualifications imposed on such office or who the next General Election. At the next General
shall, while in office, be convicted of a crime Election, the vacant position shall be filled by a
vote of the electors for the remainder of the
involving moral turpitude, shall forfeit his or her
office and his or her seat shall immediately be-
shallterm. Any Council Member so elected
shall take office immediately upon that person's
come vacant. Absence from four consecutive reg- election and qualification. If three (3) or more
ular meetings of the City Council, or from thirty seats on the City Council shall be vacant at the
percent of the meetings held annually, shall oper- same time, the Governor shall appoint successor
ate to vacate the seat of a member of the City Council Members to fill the vacancies on the City
Council or the office of the Mayor unless such Council and appoint successor Council Members
absence shall be excused by a resolution duly to fill the vacancies on the City Council and any
adopted by the City Council. Council Members so appointed shall serve until
(Ord.No. 14-89, § 1, 10-17-89;Ord.No. 38-93, §2, their successors shall be elected and qualified.
10-19-93) The City Council shall call a special election to fill
the unexpired terms of office of the Council Mem-
Sec. 2. Appointed officers. bers whose seats become vacant,and said election
shall be held within sixty(60) days following the
The City Council shall have the power to ap- said appointments by the Governor. If such ap-
point,employ and remove from office such officers pointments shall be made within six(6)months of
and employees of the City as the City Council the next General Election, no special election
shall deem necessary for the operation of the City. shall be required but those offices shall be filled at
Said appointments and removals shall be subject such General Election.If there shall be a vacancy
to the majority vote of the City Councilmembers. in the office of Mayor, the Mayor Pro Tem shall
The City Council shall fix the compensation of all serve as Mayor until the next General Election of
the City,
appointed officers of the City by resolution. The at which time an election shall be held
appointed officers shall be those of the City Man- for the unexpired term of the vacated office of
ager and the City Attorney. Mayor. If a vacancy occurs in the City Council,
due to a resignation pursuant to the resign to run
(Amended by election, 11-8-83; Ord. No. 38-93, § provision of F.S.99.012(3),then the vacancy shall
3, 10-19-93) be filled by a vote of the electors of the City for the
*State law reference—Elections,state election code,F.S. remainder of the original term at the same elec-
chs.97-106. tion for which the vacating Council Member seeks
Supp.No. 7 CHT:8
CHARTER §4
qualification and election,even though the vacat-
ing Council Member's resignation may not be
effective until after the day of the election.
(Amended by election, 6-2-70; amended by elec-
tion, 11-2-82; Ord. No. 38-93, § 4, 10-19-93;
Amended by election, Ord. No. 23-98, § 2, 11-98)
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CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of any ordinances amending the Charter.
Ordinance Adoption Election Section
Number Date Date Section this Charter
6- 2-70 Art. I, §5
Art. III, §4
Art. IV,§ 1
Art. IV, §3
Art.V,§2
Art.V,§4
6- 6-72 Art.XXI, §2
11- 2-82 Art. III, §4
11- 8-83 Art. III, §2
Art.VIII, § 1
Art.XI§ 1
Art.XV,§ 1
11- 5-85 Art.XIV, §4
11- 3-92 Art.XXIV,§8
14-89 10-17-89 1 Art. III, § 1
11-93 6-15-93 1 Art. I,§2
38-93 10-19-93 1 Art. I,§5
2,3 Art. III, § 1,
Art. III, §2
4 Art. III,§4
5 Art. IV, § 1
6 Art. IV, §3
7 Art.V,§ 1
8 Art.XXI, §2
30-94 8- 2-94 1 Art. III, §3
34-94 9-20-94 2 Art.XXIV,§8
23-98 7- 7-98 11-98 2 Art. III, §4
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Chapter 22
COMMUNITY DEVELOPMENT*
Article L In General
Secs. 22-1-22-25. Reserved.
Article IL Business and Cultural Development Board
Sec. 22-26. Definitions.
Sec. 22-27. Established.
Sec. 22-28. Composition;qualifications.
Sec. 22-29. Term of office.
Sec. 22-30. Vacancies.
Sec. 22-31. Removal.
Sec. 22-32. Rules and procedures.
Sec. 22-33. Purpose and duties.
Sec. 22-34. Advisory capacity.
Sec. 22-35. Indebtedness.
Article III. Community Appearance Review
Sec. 22-36. Statement of findings and purpose.
Sec. 22-37. Board established;membership;qualifications of members.
(11111111.0" Sec. 22-38. Rules of conduct of board business.
Sec. 22-39. Proceedings of the board.
Sec. 22-40. Approval prerequisite for permits.
Sec. 22-41. Compliance with other code provisions.
Sec. 22-42. Procedure.
Sec. 22-43. Notice of approval or denial.
Sec. 22-44. Application criteria.
Sec. 22-45. Concept plans.
Sec. 22-46. Appeals and review.
Sec. 22-47. Building permits;enforcement.
*Cross references—Planning,ch.58;zoning, ch. 110.
�, g,
Supp.No. 7 CD22:1
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COMMUNITY DEVELOPMENT §22-33
ARTICLE I. IN GENERAL Sec. 22-31. Removal.
Secs. 22-1-22-25. Reserved. The city council, by majority vote, shall have
the authority to remove any member of the busi-
ness and cultural development board from office
ARTICLE II. BUSINESS AND CULTURALwhenever,in its discretion,the best interest of the
DEVELOPMENT BOARD* city shall be served.
(Ord. No. 10-99, § 1, 9-7-99)
Sec. 22-26. Definitions.
Sec. 22-32. Rules and procedures.
The following words, terms and phrases, when
used in this article, shall have the meanings The business and cultural development board
ascribed to them in this section, except where the shall adopt a set of rules to govern meetings and
context clearly indicates a different meaning: procedures, which shall be approved by the city
council.
Commerce or commercial, pertain to activities (Ord. No. 10-99, § 1, 9-7-99)
in the areas of industry, commerce, business and
tourism.
(Ord. No. 10-99, § 1, 9-7-99) Sec. 22-33. Purpose and duties.
Sec. 22-27. Established. The business and cultural development board
‘1110.1
shall have the purposes and duties to:
The city establishes a business and cultural (1) Prepare a commercial redevelopment plan
development board in and for the city. and submit the plan for approval to the
(Ord. No. 10-99, § 1, 9-7-99) city council.This plan shall analyze exist-
ing conditions and needs pertaining to the
Sec. 22-28. Composition; qualifications. city's commerce and determine optimum
methods and means of improving those
The business and cultural development board conditions and satisfying those needs.The
shall consist of five regular members and four plan shall contain, as a minimum, the
alternate members. following:
(Ord. No. 10-99, § 1, 9-7-99) a. A survey of existing commercial en-
tities located in the city.
Sec. 22-29. Term of office.
b. An inventory of existing vacant space
The members of the business and cultural (building and land) suitable for use
development board shall be appointed by a major- in commercial development. This
ity vote of the city council for staggered terms of shall be coordinated with the plan-
two years. ning and zoning board.
(Ord. No. 10-99, § 1, 9-7-99) c. A determination of the commercial
needs of the citizens of the city that
Sec. 22-30. Vacancies. are presently going unsatisfied or
being met by commercial entities
Vacancies occurring on the business and cul- outside the city.
tural development board shall be filled for the d. An analysis of these needs and the
unexpired term by the city council.
(Ord. No. 10-99, § 1, 9-7-99) preparation of a plan for bringing
new and needed commercial enter-
*Cross reference—Boards, committees, commissions, § prises to the city. This plan should
2-171 et seq. also seek methods of enhancing ex-
Supp.No.7 CD22:3
§22-33 CAPE CANAVERAL CODE
isting commerce presently located in (9) Investigate sources of financial assistance
our city in an effort to satisfy citizen available to the city from the governmen-
needs. tal or private sector and assist the city as
(2) Implement the council-approved commer- directed by the city council in properly
cial redevelopment plan as directed and applying and promoting the successful
funded by the council.
of this article, financial assistance
acquisition of the assistance. For the pur-
pose(3) Confer with and advise the city council on
allmay be in the form of grants,low interest
matters concerning the development of
loans or physical property, including that
commerce in the city. of real or personal nature.Activity in the
(4) Act as liaison for the city in the area of private sector will be limited to estab-
public relations with the following: lished foundations.
a. Cocoa Beach Area Chamber of Com- (Ord. No. 10-99, § 1, 9-7-99)
merce.
b. Canaveral Port Authority. Sec. 22-34. Advisory capacity.
c. County Economic Development Coun-
cil The powers and duties of the business and
d. Other similar organizations or agen- cultural development board are of an advisory
nature only, and the board shall not have any
cies which, in the opinion of the powers or duties which conflict with or supersede
business and cultural development the powers and duties of other city boards.
board,would be appropriate for such (Ord. No. 10-99, § 1, 9-7-99)
liaison, and the
e. Brevard Cultural Alliance. Sec. 22-35. Indebtedness.
(5) Determine from existing commercial en-
terprises in the city and interested out- The business and cultural development board
side entities contemplating locating in the shall not incur any debts or enter into any con-
city the appropriate and necessary action tracts or obligations, which would be enforceable
the city should take to enhance and en- against the city, unless prior approval has been
courage the further development of the obtained from the city council.
city's commerce and coordinate with and (Ord. No. 10-99, § 1, 9-7-99)
advise pertinent officials and boards in
the city as to the implementation of this
action. ARTICLE III. COMMUNITY APPEARANCE
(6) Advise the city council and the city man- REVIEW
ager of the advent of any new commercial
activity, i.e., new businesses, significant
change in existing businesses, etc., in the Sec. 22-36. Statement of findings and pur-
city's commerce in order that timely and pose.
appropriate recognition by the city can be (a) The logo of Cape Canaveral,and its accom-
effected.
panying motto "Sun, Space and Sea," signifies
(7) Cooperate with all community groups, Cape Canaveral's unique cultural character and
which are dedicated to orderly commer- beauty Indicative of Cape Canaveral's unique-
cial expansion of the city and furnish ness is its reputation as primarily a residential
them with aid and advice as is deemed waterfront community with beautiful beaches and
appropriate. scenic ocean vistas, within close proximity to
(8) Generally, encourage in any manner the several internationally renown tourist destina-
development of business, commerce, in- tions including the Kennedy Space Center and
dustry and tourism in the city. several major cruise ship terminal.
Supp.No. 7 CD22:4
Lige, COMMUNITY DEVELOPMENT §22-37
(b) In recognition of Cape Canaveral's unique- urban beauty and require that new projects being
ness, the city council has determined that a developed enhance existing development and the
deliberate and conscientious effort must be made landscape of the community.
by community leaders,in partnership with archi- (g) The essential foundation of beauty in com-
tects, planners, realtors, builders and the citi-
zenry of Cape Canaveral, to protect the general munities is harmony.The plan for achieving beauty
welfare of the community by preserving and im- must grow out of out special local characteristics
proving Cape Canaveral's aesthetic appearance, of site,development and redevelopment potential.
beauty,and character,so as to ultimately enhance Some local areas of natural beauty are the beaches,
the quality of life and civic pride of all people who ocean and the Banana River. The vistas and
reside, work, vacation, or spend time in Cape visual delight of these should only be enhanced.
Canaveral. (Ord. No. 16-95, § 2, 12-19-95)
(c) The facilitator of this effort shall be the Sec. 22-37. Board established; membership;
community appearance board whose primary pur- qualifications of members.
pose shall be to encourage uniform architectural
standards and cohesive community development (a) Established. There is hereby established a
consistent with the intent and purpose of this community appearance board which shall consist
article. of five members who shall serve without compen-
sation and two alternate members who may par-
(d) The cultural character and beauty of Cape ticipate in discussion, but may not vote unless
Canaveral involves, among other things, the aes- substituting for a voting member who is absent.
thetic quality of all one sees in moving about the Members of the board shall be appointed by
(6120„, entire community.Consequently,the ultimate de- majority vote of the city council. Voting members
signers and developers of buildings and struc- shall be appointed for staggered terms;the initial
tures must be informed of the larger context in voting members shall serve the following terms:
which their particular works will be viewed within one member shall serve a term of one year; two
the community. The task of the community ap- members shall serve a term of two years, and two
pearance board shall be to provide a mechanism members shall serve a terms of three years.
by which proposed new development and modifi- Thereafter, all members shall be requested to
cations or rehabilitations(of buildings and struc- serve a three-year term.There shall be no restric-
tures)can be reviewed and approved,in a uniform tion placed upon the number of terms that an
manner, so as to be in harmony with the compre- individual member may serve. Alternate mem-
hensive architecturally related policies,objectives bers shall serve three-year terms.
and standards adopted by Cape Canaveral for the
overall betterment of the community. (b) Removal; vacancy. Members may be re-
moved by majority vote of the city council at will.
(e) It is recognized by the Florida Supreme A seat on the board shall be deemed vacant when
Court that zoning solely for aesthetic purposes is a member has more than three consecutive ab-
not outside the scope of the police power of mu- sences or five absences within a period of 12
nicipal governments,like Cape Canaveral. It has months,or because of death,resignation,removal
also been judicially recognized in Florida (and in or completion of the term of any member. A
other jurisdictions) that the promotion of aes- member seat vacated prior to the expiration of its
thetic beauty also protects property values, tour- term shall be filled for its unexpired term by
ism, and other economic interests which Cape majority vote of the city council.
Canaveral deems vital to the community.
(c) Qualifications. All members shall be resi-
(0 Zoning is the single most powerful legal dents of the city with the exception allowing that
enforcement of an overall urban concept, but one member or alternate member may be a non-
alone it does not create beauty,aesthetic order,or resident.All members shall be qualified by reason
Lor' amenity. The task of the community appearance of training or expertise in art, architecture, com-
board shall be to preserve various elements of munity planning, land development, real estate,
Supp.No.7 CD22:5
§22-37 CAPE CANAVERAL CODE
landscape architecture or other relevant business (b) The city shall provide administrative, le-
or profession,or by reason of civic interest so as to gal, architectural and other professional expert
be considered a sound judge of the aesthetic effect services deemed necessary for the board to per-
and impact upon property values, desirability, form its duties and obligations under this article.
and the economic, social and cultural patterns of (Ord. No. 16-95, § 2, 12-19-95)
the community of a proposed building or struc-
ture on surrounding areas. Sec. 2240. Approval prerequisite for per-
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 1-98, § 1, mits.
2-17-98)
(a) Without exception,all plans,elevations and
proposed signs for buildings or structures, or
Sec. 22-38. Rules of conduct of board busi- alterations thereto, shall be approved by the
ness. community appearance board,or by the city coun-
cil under limited circumstances provided in this
The community appearance board shall comply article,before a permit is issued for any building,
with all rules and procedures adopted by the city structure, sign or other development of property,
council which relate to quasi-judicial boards. The or appurtenances or alterations thereto, which
community appearance board may adopt addi- have an exterior visual impact or effect on the
tional rules and procedures deemed necessary to community.
the conduct of its affairs, and in keeping with the (b) Notwithstandingparagraph (a)of this sec-
provisions of this article, providing such rules do
not conflict with applicable rules adopted by the tion,if the building official determines(at his sole
city council. Three members shall constitute a discretion) that a building permit application is
quorum. The affirmative vote of the majority minor or insignificant, the building official may
present shall be necessary for any board actions; grant the permit without submitting the applica-
provided,however,it shall take three affirmative tion to the community appearance board for ap-
votes to pass or approve an application under proval, providing the permit is consistent with
section 22-40. the intent and purpose of this article. For pur-
(Ord. No. 16-95 § 2, 12-19-95) poses of this paragraph, the phrase "minor or
' insignificant"shall mean a small scale renovation
or modification project affecting a small site and
Sec. 22-39. Proceedings of the board. having a nominal exterior visual impact and
effect on the community. Any party or person
(a) At the initial meetings, and thereafter an- adversely affected by a decision made by the
nually, the board shall elect a chairperson and a building official may appeal such decision to the
vice-chairperson. The officers may succeed them- community appearance board.
selves. The chairperson, or the vice-chairperson (Ord. No. 16-95, § 2, 12-19-95)
in his absence,shall conduct all proceedings in an
orderly manner and provide at least a minimum Sec. 22-41. Compliance with other code pro-
of due process to all interested parties. Meetings visions.
shall be held on the first and third Monday of The requirements of this article are deemed
each month unless no business is presented to the supplemental of, and in addition to, all other
board for a particular meeting.All board meetings applicable codes adopted by the city including,
shall be open to the public. The time and place of but not limited to, the land development regula-
meetings, and the order of business and proce- tions, and all fire and building regulations.Ap-
dure to be followed at meetings, shall be pre-
scribed by the board. A written record of the
proceedings of the board shall be kept, showing
its action on each question considered.Such record
shall be filed with the office of the secretary of the
board and shall be open for public inspection. **NJ
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Chapter 34
ENVIRONMENT*
Article I. In General
Secs. 34-1-34-25. Reserved.
Article II. Litter
Division 1. Generally
Sec. 34-26. Definitions.
Sec. 34-27. Penalty.
Sec. 34-28. Unlawful disposal.
Sec. 34-29. Litter in public places.
Sec. 34-30. Placement in receptacles.
Sec. 34-31. Sweeping into gutters prohibited.
Sec. 34-32. Merchant's duty to keep sidewalks free of litter.
Sec. 34-33. Throwing by person in vehicle.
Sec. 34-34. Truck loads.
Sec. 34-35. Dropping from aircraft.
Sec. 34-36. Throwing in river or other body of water.
Sec. 34-37. Depositing on occupied private property.
Sec. 34-38. Owner's maintenance of premises.
Sec. 34-39. Depositing on vacant lots.
Sec. 34-40. Posting notices prohibited.
Sec. 34-41. Burial of trash,rubble or other debris.
Secs. 34-42-34-50. Reserved.
Division 2. Handbills
Sec. 34-51. Throwing or distributing in public places.
Sec. 34-52. Placing on vehicles.
Sec. 34-53. Depositing on uninhabited or vacant premises.
Sec. 34-54. Distribution prohibited where properly posted.
Sec. 34-55. Distribution at inhabited private premises.
Secs. 34-56-34-65. Reserved.
Division 3. Abatement
Sec. 34-66. Complaints;reports.
Sec. 34-67. Notice and order for removal from private property.
Sec. 34-68. Failure to comply with notice and order.
Sec. 34-69. Waiver of rights by property owner;removal at city's costs.
Secs. 34-70-34-90. Reserved.
Article M. Property Maintenance Standards
Sec. 34-91. Definitions.
Sec. 34-92. Authority.
Sec. 34-93. Scope.
Sec. 34-94. Purpose.
Sec. 34-95. Enforcement.
cipe *Cross references-Regulations regarding sea turtles,§14-51 et seq.;planning,ch.58;solid waste,ch.62;streets,sidewalks
and other public places,ch.66;traffic and vehicles,ch.74;utilities,ch. 78;buildings and building regulations,ch.82;vegetation,
ch. 102;waterways,ch. 106;zoning,ch. 110;landscaping and vegetation,§ 110-566.
Supp.No. 7 CD34:1
CAPE CANAVERAL CODE
Sec. 34-96. Standards established.
Sec. 34-97. Duties and responsibilities for maintenance.
Sec. 34-98. Building appearance and maintenance.
Sec. 34-99. Landscape appearance and maintenance.
Sec. 34-100. Sign appearance and maintenance.
Secs. 34-101-34-120. Reserved.
Article IV. Weeds and Dead Vegetation
Sec. 34-121. Intent.
Sec. 34-122. Public nuisances prohibited.
Sec. 34-123. Notice to remedy nuisance.
Sec. 34-124. Reserved.
Sec. 34-125. Reserved.
Sec. 34-126. Remedy by city.
Sec. 34-127. Records.
Secs. 34-128---34-150. Reserved.
Article V. Noise
Sec. 34-151. Declaration of policy to prohibit noise.
Sec. 34-152. Penalties.
Sec. 34-153. Enumeration of prohibited noises.
Sec. 34-154. Construction noise.
Secs. 34-155-34-175. Reserved.
Article VI. Abandoned Property
'NW)
Sec. 34-176. Definitions.
Sec. 34-177. Entry upon private property authorized.
Sec. 34-178. Penalty.
Sec. 34-179. Additional remedies.
Sec. 34-180. Property abandoned or lost on public property.
Sec. 34-181. Storing,parking or leaving on private property.
Sec. 34-182. Notice to abate.
Sec. 34-183. Code enforcement board hearing procedures.
Sec. 34-184. Compliance with notice or order to remove;removal by city upon
noncompliance.
Sec. 34-185. Notification of owner following removal by city.
Sec. 34-186. Disposition of property removed by city.
Sec. 34-187. Redemption prior to sale by city.
Sec. 34-188. Liability of owner for towing,storage expenses; collection of lien
on private property.
Secs. 34-189-34-205. Reserved.
Article VII. Lights
Sec. 34-206. Definitions.
Sec. 34-207. Policy established.
Sec. 34-208. Penalty.
Sec. 34-209. Spillover lighting standards established.
Sec. 34-210. Exceptions.
Sec. 34-211. Method of measurement.
Appendix A
j
Supp. No. 7 CD34:2
LI1110? ENVIRONMENT §34-186
Sec. 34-185. Notification of owner following the property with reference to the type of
removal by city. property and any manufacturer's name
and serial number apparent to the enforce-
(a) Notice to owner. The enforcement authority, ment authority.
after taking possession of any motor vehicle pur-
suant to this article, shall furnish notice in accor- The notice shall also advise the persons to whom
dance with this section by certified mail, return it is given that the person who is entitled to
receipt requested, to the owner of the motor possession of the abandoned property or inopera-
vehicle at his last known address within 15 days ble vehicle may reclaim it upon payment to the
of the date on which possession of the motor city of all charges incurred by the city in the
vehicle is taken, with a copy of the notice to the removal and storage thereof, except that if such
owner or occupant of the property from which the reclamation is not made within 30 days after the
motor vehicle was taken. date of the notice, the right to reclaim the aban-
doned property or inoperable vehicle as well as all
(b) Notice to state, other official agencies. The right, title and interest of the person in the
enforcement authority shall also contact the state abandoned property or inoperable vehicle shall be
division of motor vehicles and such other agencies deemed to be waived and such person shall be
and departments of government in this and other deemed to have consented to the disposition of the
states as are reasonably necessary to ascertain abandoned property or inoperable vehicle by the
the names and addresses of other persons with city.
record interest in any motor vehicle, including (d) Notice by publication. If unable to identify
lienholders. Such other persons shall be given properly the last registered owner of any aban-
notice in the same manner as stated in subsection
‘114600'' (a) of this section. doned property or inoperable motor vehicle, or if
unable to obtain with reasonable certainty the
(c) Contents of notice. Notice under this section name and address of the owner or other inter-
shall contain the following information: ested party, including lienholder, or if any person
shall refuse notice by certified mail, it shall be
(1) For any motor vehicle taken into posses- sufficient notice under this section to publish the
sion by the enforcement authority pursu- notice described in subsection (c) of this section
ant to this article: once in one newspaper of general circulation in
a. The year, make, model and serial the city. Such notice by publication may contain
number of the motor vehicle. multiple listings of abandoned property or inop-
b. The name and address of the last- erable vehicles.
known registered owner of the motor (e) Documentation filed with state. A copy of
vehicle, if available. any notice required in this section for motor
c. The vehicle registration number and vehicles, as well as a copy of any certificate of sale
the title registration number of the issued under this section by the city, shall be
motor vehicle, if available. forwarded to the state division of motor vehicles.
d. The date on which the motor vehicle (Ord. No. 7-93, § 1(610.13), 4-20-93)
was removed. Sec. 34-186. Disposition of property removed
e. The location from which the motor by city.
vehicle was removed.
f. The location at which the motor ve- (a) If, in the opinion of the city manager, the
value of any abandoned property or an inoperable
hide is being stored. motor vehicle is less than$1,000.00,and after the
(2) For any abandoned property other than a notices have been given as provided in section
motor vehicle taken into possession by the 34-185,the city manager may summarily dispose
Lioe.
enforcement authority pursuant to this of the abandoned property or inoperable motor
article, a description sufficient to identify vehicle on terms deemed advisable by the city
Supp.No.7 CD34:17
§34-186 CAPE CANAVERAL CODE
manager after the passage of 30 days from the certificate of sale for the inoperable motor vehicle
date of the notice required in section 34-185. If or a bill of sale or certificate of sale for the
notice has been published, disposition may take abandoned property in duplicate, the original of
place after 30 days of the date of publication. which is to be given to the purchaser and a copy to
be retained by the city.Any bill of sale or certifi-
(b) If, in the opinion of the city manager, the cate of sale issued pursuant to this section shall
value of the abandoned property or an inoperable not guarantee title or purport to give any title to
motor vehicle exceeds $1,000.00, the abandoned the abandoned property or the inoperable motor
property or inoperable motor vehicle shall be vehicle greater than that which is possessed by
disposed of at public sale in accordance with the the city.Should the sale be invalid for any reason,
provisions of subsection (c) of this section. Any the liability of the city shall be limited to the
public sale shall be held not sooner than 30 days return of the purchase price upon return of the
from the date on which the notice is given pursu- abandoned property or inoperable motor vehicle.
ant to section 34-185.
(e) Proceeds of any sale pursuant to this sec-
(c) If it is necessary that abandoned property tion,after payment of all the costs of sale,includ-
or an inoperable motor vehicle be sold at public ing notice and publication costs,and the expenses
sale, at least 21 days prior to the sale, the city of the city in taking into possession and storing
manager shall cause a notice to be published once the abandoned property or inoperable motor ve-
in a newspaper of general circulation in the city, hide, shall be held in suspense by the city for a
which notice shall state: period of 30 days from the date of the receipt of
(1) The sale of the abandoned property or the funds, during which time, upon presentation
inoperable motor vehicle in possession of of proper evidence of ownership of the disposed
the city by virtue of a seizure pursuant to abandoned property or inoperable motor vehicle
this article. to the city manager, the owner of the abandoned
property or inoperable motor vehicle may recover
(2) A description of the abandoned property back from the city the proceeds,less the costs and
or inoperable motor vehicle, including expense as above stated. After 30 days the pro-
make, model, license number, title num- ceeds may be distributed to the general fund of
ber, vehicle identification number, and the city.
any information which will accurately Iden- (Ord.No.7-93,§ 1(610.15),4-20-93;Ord.No.9-99,
tify the property. § 1, 8-71-99)
(3) The terms of the sale for the date, time
and place of the sale. Sec. 34-187. Redemption prior to sale by city.
The owner of any property which has come into
The city manager shall also cause a copy of this the possession of the city under the provisions of
notice to be mailed to the last known registered this article may redeem such property after its
owner of any inoperable motor vehicle and to the removal,but prior to its disposition,upon presen-
owner or occupant of the property from which the tation of proper evidence of ownership and pay-
abandoned property or the inoperable motor ve- ment to the city of all charges incurred regarding
hide was taken,unless they are the same, and to towing, storing and expenses of the sale, if any.
any other persons known to the city manager to This right of redemption shall expressly termi-
be interested in any abandoned property or imp-
nate upon disposition of the property by the city.
erable motor vehicle. (Ord. No. 7-93, § 1(610.17), 4-20-93)
(d) On the date,time and place set forth in the Sec. 34-188. Liability of owner for towing,
notice,the abandoned property or inoperable mo-
tor vehicle shall be sold by sealed bids to the storage expenses; collection of
highest and best bidder. The purchase price shall lien on private property.
be cash and, at the time of payment of the Any person from whose private property aban-
purchase price, the city manager shall execute a doned property or an inoperable motor vehicle is
Supp.No. 7 CD34:18
ENVIRONMENT §34-211
removed and stored pursuant to this article is powers.The need for spill-over lighting regulation
liable to the city for the expenses incurred by it in is a matter of legislative determination and public
the removing, towing, storing or disposing of the policy and this article is adopted in pursuance of
abandoned property or inoperable motor vehicle. and for the purpose of securing and promoting the
In the event of the failure to pay such charges to public health, comfort, convenience, safety and
the city if the abandoned property or inoperable welfare of the city and the people residing therein.
motor vehicle is redeemed or if the disposition of (Code 1981, § 713.01)
the abandoned property or inoperable motor ve-
hicle fails to generate sufficient funds to cover the Sec. 34-208. Penalty.
costs of removing, towing, storage and disposi-
Anytion, the person from whose private property person violating this article shall, upon
abandoned property or inoperable motor vehicle conviction, be punished as provided in section
was removed shall pay to the city any costs 1-15.
incurred; if these costs are not paid to the city (Code 1981, § 713.11)
immediately upon redemption or within 60 days Sec. 34-209. Spillover lighting standards es-
upon sale, they shall constitute a lien on the
private property for the amount of the costs, tablished.
which lien, upon proper recordation,may be fore- Area floodlighting fixtures or other materials
closed in such a manner as other items are installed or provided within the corporate limits
foreclosed according to general law. of the city, unless excepted elsewhere, shall be
(Ord. No. 7-93, § 1(610.19), 4-20-93) installed in or equipped so that the light source
does not transmit excessive spillover beyond the
Nlimme Secs. 34-189-34-205. Reserved. boundaries of the property on which the lighting
source is located.
(Code 1981, § 713.03)
ARTICLE VII. LIGHTS*
Sec. 34-210. Exceptions.
Sec. 34-206. Definitions.
Any lighting source emanating from a light
The following words,terms and phrases,when source which is owned by or under the control of
used in this article, shall have the meanings any federal, state, county or municipal unit of
ascribed to them in this section,except where the government or public utility shall be specifically
context clearly indicates a different meaning: excepted from this article.
Spillover lighting means spillover lighting in (Code 1981, § 713.07)
excess of 0.2 footcandles greater than the existing
light (i.e., moonlight) that transmits beyond the Sec. 34-211. Method of measurement.
property boundary line. In order to determine spillover lighting, the
(Code 1981, § 713.05) code enforcement officer shall measure the light
Cross reference—Definitions and rules of construction where the light first spills over the adjoining
generally,§ 1-2. property by using a correctly calibrated light
Sec. 34-207. Policy established. meter while pointing the light meter directly at
the source light. The light meter shall be cali-
It is declared to be the policy of the city to brated in accordance with accepted recognized
prohibit unnecessary,excessive and offensive spill- standards.
over lighting from all sources subject to its police (Code 1981, § 713.09)
*Cross references—Code enforcement, § 2-246 et seq.;
artificial light illumination restricted for the protection of sea
L.?
turtles, § 14-55; buildings and building regulations, ch. 82;
signs, ch. 94; supplementary zoning district regulations, §
110-466 et seq.
Supp.No.7 CD34:19
§34-211 CAPE CANAVERAL CODE
APPENDIX A
ANGLE OF PAD WITH DRIVING LANE SHALL ALLOW
FOR A STRAIGHT-LINE MANEUVERING DISTANCE
OF 55 FT.
SCREEN REQUIRED WITH
LOCKABLE GATES-MINIMUM
SWING 180° (SCREEN TO
BE PLACED OUTSIDE OF
AND NOT ON,THE PAD)
6" PIPES FILLED WITH
CONCRETE. 2 REQUIRED (TYP)
�
2 LANE
NOE y
EXPANSION ' f
• V
\c$Af *INSIDE DIMENSION OF ENCLOSURE
•
55
•
V104. J
EXPANSION JOINT��16'-0=--��
�
1L_:
3/8" REBAR- 12" O.C.E.W.
SECTION
DUMPSTER PAD
(Ord. No. 17-98, § 2, 5-19-98)
3
Supp.No. 7 CD34:20
Live PLANNING §58-58
Sec. 58-36. Indebtedness.
The planning and zoning board shall not incur
any debts or enter into any contracts or obliga-
tions which would be enforceable against the city,
unless prior approval has been obtained from the
city council.
Secs. 58-37-58-55. Reserved.
ARTICLE III. LOCAL PLANNING
AGENCY*
Sec. 58-56. Designation and establishment.
Pursuant to and in accordance with the provi-
sions of chapter 163, Florida Statutes, the plan-
ning and zoning board of the City of Cape
Canaveral, Florida is designated and established
as the local planning agency for the City of Cape
Canaveral,Florida and shall be referred to as the
local planning agency.
(Code 1981, § 261.01; Ord. No. 31-94, § 1, 8-2-94;
Ord. No. 7-99, § 1, 6-15-99)
Sec. 58-57. Duties and responsibilities.
The local planning agency shall perform such
duties as provided in accordance with the provi-
sions of F.S. §§ 163.3161-163.3211.
(Code 1981, § 261.02)
Sec. 58-58. Designation of agency, depart-
ment,committee or person to pre-
pare comprehensive plan.
The city council, in cooperation with the local
planning agency, may designate any agency, de-
partment, committee or person to prepare the
comprehensive plan for the city or any element
thereof under the supervision and direction of the
local planning agency.
(Code 1981, § 261.03)
Lire *Cross reference—Boards, committees, commissions, §
2-171 et seq.
Supp. No.7 CD58:5
J
J
J
TRAFFIC AND VEHICLES §74-62
Sec. 74-57. Penalties. Sec. 74-59. Dune parking prohibited.
Any person violating this article shall be pun- It shall be unlawful for any vehicle to park on
ished in accordance with the schedule as follows: any of the ocean dunes, and any such parking
may be ticketed as a violation of this article.
Violation Penalty (Code 1981, § 685.03)
(1) Parked in excess of autho- Cross reference—Waterways,ch. 106.
rized time $ 25.00
Sec. 74-60. Truck parking.
(2) Parked in no parking zone. 25.00
It shall be unlawful for any truck weighing
(3) Parked in loading zone 25.00 6,000 pounds or more to park anywhere within
(4) Parked in reserved zone the City of Cape Canaveral for more than four
without permit 25.00 consecutive hours where so posted.
(5) Parked irregularly(extend- (Code 1981, §685.04;Ord.No. 11-99, § 1,8-17-99)
ing over boundary) 25.00 Sec. 74-61. Overnight parking.
(6) Parked in handicapped It shall be unlawful for any vehicle to park on
space 100.00 any of the beach end streets east of Ridgewood
(7) Parked double or obstruct- Avenue between the hours of 10:00 p.m. and 5:00
ing traffic 25.00 a.m., and any such parking shall be ticketed as a
(8) Parked on sidewalk 25.00 violation of this article. For the purposes of this
Ckhurf section, the term "beach end street" means a
(9) Parked on ocean dunes 100.00 street within the city that has as its east terminus
the Atlantic Ocean or the dune line which runs
(10) Parked in fire lane 25.00 north and south parallel to the Atlantic Ocean.
(11) Other 25.00 (Code 1981, § 685.05)
(Code 1981, § 685.06; Ord. No. 6-93, § 1(685.06),
4-6-93; Ord. No. 29-93, § 1(685.06), 9-21-93; Ord. Sec. 74-62. Designation of fire lanes.
No.40-93,§3,10-19-93;Ord.No. 1-94,§2,2-1-94)
(a) The city fire chief shall be authorized to
Sec. 74-58. Authority to establish no park- designate fire lanes on or in a public street, alley,
roadway or premises, or on any public property
ing zones. which, in his opinion, would be necessary or
(a) Except as provided in subsection(b)of this desirable for the free movement of fire apparatus
section, the chief law enforcement officer may or of firefighting personnel responding to or oper-
establish no parking zones by designating those ating at a scene of a fire or other public emer-
places where motor vehicles are prohibited from gency.
parking. The chief law enforcement officer shall
place a sign or other identifying mark indicating (b) Designated fire lanes authorized by the
no parking zones. city fire chief shall be appropriately identified
with signs bearing the words "Fire Lane, No
(b) The city fire chief shall designate all fire Parking." The signs and lettering shall be stan-
lanes in which it shall be unlawful for any vehicle dard information type traffic signs, with red let-
to park in accordance with the provisions of ters on white background. In addition, the city
section 74-62. The city fire chief or designee is fire chief may require diagonal striping placed on
designated as a parking enforcement specialist or in any public street,alley,roadway or premises
who may enforce prohibitions against parking in or on any public property or any private property
fire lanes. to which the public has access and the words"Fire
(Code 1981, § 685.02; Ord. No. 40-93, § 2, 10-19- Lane, No Parking" painted thereon in letters no
93; Ord. No. 1-94, § 1, 2-1-94) less than 18 inches in length.
Supp.No.7 CD74:5
§74-62 CAPE CANAVERAL CODE
(c) The city fire chief may require, as a condi-
tion of the issuance of a building permit,site plan
or development plan, that the owner thereof des-
ignate fire lanes on the property subject to the
building permit, site plan or development plan
when the city fire chief determines that such
designation is necessary to protect the public
health,safety and welfare.Any such private prop-
erty designated as a fire lane shall be marked in
accordance with subsection(b)of this section and
subject to the provisions of subsection (d) of this
section.
(d) Vehicles,equipment or materials parked or
stored in an area designated as a fire lane shall be
removed, ticketed and/or impounded upon the
order of the city fire chief or designee or the chief
law enforcement officer of the city,and all costs of
such removal and impounding shall be assessed
against the owner, lessee or other person having
control of such vehicle, equipment or material.
(Ord. No. 1-94, § 3, 2-1-94)
Sec. 74-63. County's civil traffic infraction
hearing officer program adopted.
Pursuant to F.S.chs.316 and 318,the city shall
participate in the county's civil traffic hearing
officer program as set forth in sections 106-75,
106-76, 106-77 and 106-49,excepting that certain
fee schedule as adopted in 106-49(a)(1) of the
ordinances of the county.
(Ord. No. 6-95, § 1, 3-21-95)
J
Supp.No.7 CD74:6
ZONING
Sec. 110-247. Same-Replacement.
Sec. 110-248. Rules for interpretation of district boundaries.
Sec. 110-249. Application of district requirements.
Sec. 110-250. Conformity.
Sec. 110-251. Structure height,maximum units,lot area,setbacks.
Sec. 110-252. Duplicate use of setbacks,open space,parking space.
Sec. 110-253. Reuse of area used for density calculations.
Sec. 110-254. Dimension or area reduction below minimum.
Sec. 110-255. Lot and street requirements for structures.
Sec. 110-256. Zoning classification of annexations.
Sec. 110-257. Unusual uses or uses not specifically permitted.
Secs. 110-258-110-270. Reserved.
Division 2. R-1 Low Density Residential District
Sec. 110-271. Intent.
Sec. 110-272. Principal uses and structures.
Sec. 110-273. Accessory uses and structures.
Sec. 110-274. Special exceptions permissible by board of adjustment.
Sec. 110-275. Prohibited uses and structures.
Sec. 110-276. Area and dimensions.
Sec. 110-277. Minimum setbacks.
Sec. 110-278. Offstreet parking and access.
Secs. 110-279-110-290. Reserved.
Division 3. R-2 Medium Density Residential District
Le' Sec. 110-291. Intent.
Sec. 110-292. Principal uses and structures.
Sec. 110-293. Accessory uses and structures.
Sec. 110-294. Special exceptions permissible by board of adjustment.
Sec. 110-295. Prohibited uses and structures.
Sec. 110-296. Area and dimension.
Sec. 110-297. Minimum setbacks.
Sec. 110-298. Offstreet parking and access.
Secs. 110-299-110-310. Reserved.
Division 4. R-3 Medium Density Residential District
Sec. 110-311. Intent.
Sec. 110-312. Principal uses and structures.
Sec. 110-313. Accessory uses and structures.
Sec. 110-314. Special exceptions permissible by board of adjustment.
Sec. 110-315. Prohibited uses and structures.
Sec. 110-316. Area and dimensions.
Sec. 110-317. Minimum setbacks.
Sec. 110-318. Offstreet parking and access.
Sec. 110-319. Minimum breeze requirement.
Sec. 110-320. Dune crossovers required.
Secs. 110-321-110-330. Reserved.
Division 5. C-1 Low Density Commercial District
Sec. 110-331. Intent.
Sec. 110-332. Principal uses and structures.
Sec. 110-333. Accessory uses and structures.
Sec. 110-334. Special exceptions permissible by board of adjustment.
Sec. 110-335. Prohibited uses and structures.
Lope
Sec. 110-336. Area and dimensions.
Sec. 110-337. Minimum setbacks.
Supp.No.7 CD110:3
CAPE CANAVERAL CODE
Sec. 110-338. Landscaping,screening and parking.
Sec. 110-339. Offstreet parking and access.
Secs. 110-340-110-350. Reserved.
Division 6. M-1 Light Industrial and Research and Development District
Sec. 110-351. Intent.
Sec. 110-352. Principal uses and structures.
Sec. 110-353. Accessory uses and structures.
Sec. 110-354. Special exceptions permissible by board of adjustment.
Sec. 110-355. Prohibited uses and structures.
Sec. 110-356. Area and dimensions.
Sec. 110-357. Minimum setbacks.
Sec. 110-358. Landscaping,screening and parking.
Sec. 110-359. Performance standards.
Sec. 110-360. Parking and loading.
Secs. 110-361-110-370. Reserved.
Division 7. Townhouses
Sec. 110-371. Permitted use.
Sec. 110-372. Area and dimensions.
Sec. 110-373. Minimum setbacks.
Sec. 110-374. Offstreet parking.
Sec. 110-375. Utilities.
Sec. 110-376. Preservation of trees.
Sec. 110-377. Individually platted lots.
Sec. 110-378. Building permit.
Sec. 110-379. Development schedule.
Division 8. C-2 Commercial/Manufacturing District
Sec. 110-380. Intent.
Sec. 110-381. Principal uses and structures.
Sec. 110-382. Accessory uses and structures.
Sec. 110-383. Special exceptions permissible by the board of adjustment.
Sec. 110-384. Prohibited uses and structures.
Sec. 110-385. Area and dimensions.
Sec. 110-386. Minimum setbacks.
Sec. 110-387. Landscaping,screening and parking.
Sec. 110-388. Performance standards.
Sec. 110-389. Parking and loading.
Secs. 110-390-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
Sec. 110-404. Common open space,drainage systems,private roads and other
related common facilities.
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.
Supp.No. 7 CD110:4
ZONING
Division 2. Development Plans
Sec. 110-421. Application.
Sec. 110-422. Procedure for receiving approval of preliminary development
plan and tentative zoning.
Sec. 110-423. Procedure for approval of final development plan.
Secs. 110-424-110-435. Reserved.
Division 3. Land Use Regulations
Sec. 110-436. Minimum size.
Sec. 110-437. Maximum density.
Sec. 110-438. Minimum common recreation and open space.
Sec. 110-439. Minimum lot area;frontage;setbacks;accessory uses.
Sec. 110-440. Maximum length of structures.
Sec. 110-441. Minimum floor area.
Sec. 110-442. Offstreet parking.
Sec. 110-443. Underground utilities.
Sec. 110-444. Development standards.
Sec. 110-445. Preservation of trees.
Secs. 110-446-110-465. Reserved.
Article IX. Supplementary District Regulations
Division 1. Generally
Lire Sec. 110-466. Application of performance standards.
Sec. 110-467. Garage sales.
Sec. 110-468. Accessory structures.
Sec. 110-469. Visibility at intersections.
Sec. 110-470. Fences,walls and hedges.
Sec. 110-471. Exceptions to height regulations.
Sec. 110-472. Access.
Sec. 110-473. Minimum width of courts.
Sec. 110-474. Water areas.
Sec. 110-475. Sidewalks required.
Sec. 110-476. Dedicated public land.
Sec. 110-477. Dedicated public easement.
Sec. 110-478. Residential use antennas/satellite dishes.
Sec. 110-479. Sewage disposal.
Sec. 110-480. Atomic energy uses.
Sec. 110-481. Building required for commercial uses.
Sec. 110-482. Underground utilities required.
Sec. 110-483. Wireless communications towers and antennas.
Secs. 110 484 110-490. Reserved.
Division 2. Offstreet Parking
Sec. 110-491. Number of spaces required.
Sec. 110-492. Location of spaces.
Sec. 110-493. Access.
Secs. 110-494-110-505. Reserved.
Division 3. Offstreet Loading
(1111111110e Sec. 110-506. Requirements.
Sec. 110-507. Location and dimensions of space.
Secs. 110-508--110-520. Reserved.
Supp.No.7 CD110:5
CAPE CANAVERAL CODE
Division 4. Home Occupations
Sec. 110-521. Permitted home occupations.
Sec. 110-522. Requirements.
Sec. 110-523. Occupational license required.
Secs. 110-524-110-535. Reserved.
Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Sec. 110-538. Encroachments.
Secs. 110-539-110-550. Reserved.
Division 6. Vehicles and Vessels
Sec. 110-551. Location of recreational vehicles,camping equipment,boats and
boat trailers.
Sec. 110-552. Living aboard boats.
Sec. 110-553. Living or residing in automotive vehicles.
Sec. 110-554. Parking and storage of certain vehicles.
Sec. 110-555. Paving of vehicular use areas.
Secs. 110-556-110-565. Reserved.
Division 7. Landscaping and Vegetation
Sec. 110-566. Landscaping and screening for commercial and industrial zoning
districts.
Sec. 110-567. Interior landscaping for offstreet parking areas.
Sec. 110-568. Preservation of trees in all districts.
Secs. 110-569-110-580. Reserved.
Division 8. Swimming Pools
Sec. 110-581. Construction and location.
Sec. 110-582. Enclosure.
Sec. 110-583. Accessories.
Sec. 110-584. Minimum setbacks.
3
Supp.No. 7 CD110:6
LINIOf ZONING § 110-121
proved private street or easement dedicated and (d) No building permit shall be granted for the
accepted by the city providing legal access to a construction, addition or alteration of a place of
public street. assembly, unless plans signed by a registered
(Code 1981, § 645.03) architect or registered engineer, according to the
laws of the state governing the practice of archi-
Sec. 110-107. Application. tecture, accompany the permit application.
(a) All applications for building permits re- (e) Where plans and specifications for construc-
quired under this chapter shall be made in con- tion in the city are revised by the city engineer,
formity with this chapter and other applicable the actual costs of such review shall be paid by the
city ordinances or codes, including those ordi- applicant, whether a building permit is issued or
nances or codes applicable to the building and not.The building official shall require a deposit of
construction industry. All applications for build- estimated cost upon receipt of the application for
ing permits shall be accompanied by plans in a building permit.
duplicate, drawn to scale, showing the legal de- (Code 1981, § 645.04)
scription and the actual dimensions and shape of
the lot to be built upon; the exact sizes and Sec. 110-108. Expiration.
locations on the lot of buildings already existing,
if any, and the size, shape and location of the The expiration date of the building permit
building or alteration, including accessory build- shall be in accordance with section 106.6.1 of the
ings or structures, if any. The application shall building code adopted in section 82-31.
include such other information as lawfully may be (Code 1981, § 645.09)
Lire required by the building official, including exist-
ing or proposed building or alteration; existing or
proposed uses of the building and land; the num- Secs. 110-109-110-120. Reserved.
ber of families,housekeeping units or rental units
the building is designed to accommodate; condi- DIVISION 3. CERTIFICATE OF OCCUPANCY
tions existing on the lot; and such other matters
as may be necessary to determine conformance
with and provide for the enforcement of this Sec. 110-121. Required.
chapter.
No land or building or part thereof erected or
(b) It shall be unlawful for any person to altered in its use or structure shall be used until
continue construction of any building or structure the building official shall have issued a certificate
beyond the foundation until a plot plan showing of occupancy stating that such land, building or
the foundation of the building or structure has part thereof and the proposed use thereof is found
been prepared in duplicate by a licensed surveyor to be in conformity with this chapter. Within
and approved by the building official. One copy of three days after notification that a building or
the plot plan shall be returned to the owner, and premises or part thereof is ready for occupancy or
one copy shall be filed with the city. use, it shall be the duty of the building official to
make a final inspection thereof and to issue a
(c) One copy of the plans shall be returned to certificate of occupancy if the land, building or
the applicant by the building official, after he part thereof and the proposed use thereof is found
shall have marked such copy as permitted for to conform with this chapter. If issuance of such
construction and attested to such by his signature certificate is refused, the building official shall
on such copy. This copy of the plans shall be state such refusal in writing with the reason. A
available at the site of construction during all temporary certificate of occupancy may be issued
times when construction is being carried on. The by the building official for a period not exceeding
second copy of the plans, similarly marked, shall six months during alterations or partial occu-
pancy of a building pending its completion, pro-
Supp.No.7 CD110:21
§ 110-121 CAPE CANAVERAL CODE
vided that such temporary certificate may require (2) The relationship of the proposed amend-
such conditions and safeguards as will protect the ment to the purpose of the city's plan for
safety of the occupants and the public. development, with appropriate consider-
(Code 1981, § 645.07) ation as to whether the proposed change
will further the purposes of this chapter
Sec. 110-122. Hotels and motels. and the plan.
A certificate of occupancy for hotels and motels (c) The planning and zoning board shall sub-
shall only be issued initially for a minimum of 150 mit the request for change or amendment to the
units.After a hotel or motel project has received city council with written reasons for its recom-
its initial certificate of occupancy for its first 150 mendation.
units, subsequent certificates of occupancy may (d) The procedure for the adoption of any ordi-
be issued for each building constructed thereafter. nance amending this chapter shall be in conform-
All units within any one building of a hotel or ance with the notice and meeting requirements as
motel shall be completed before a certificate of codified in section 166.041, Florida Statutes, as
occupancy is issued. amended, and provided further that the proce-
(Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20- dures for zoning classification changes and corn-
98) prehensive plan amendments shall be in conform-
ance with the requirements of chapters 163 and
Secs. 110-123-110-135. Reserved. 166, Florida Statutes.
(Code 1981, § 647.01; Ord. No. 14-97, § 1, 11-18-
97; Ord. No. 6-99, § 1, 6-15-99)
DIVISION 4. AMENDMENTS AND
REZONINGS Sec. 110-138. Limitations.
Sec. 110-136. Authority. No proposal for zoning change or amendment
affecting a particular property shall contain con-
The sections, restrictions and boundaries set ditions, limitations or requirements not applica-
forth in this chapter may, from time to time, be ble to all other property in the district to which
amended, supplemented, changed or repealed in the particular property is proposed to be rezoned.
the manner prescribed by law and this division. (Code 1981, § 647.03)
(Code 1981, ch. 647)
Sec. 110-139. Reconsideration of district
Sec. 110-137. Procedure. boundary changes.
(a) Any amendment to this chapter may be When a proposed change in zoning district
proposed by: boundaries has been acted upon by the city coun-
cil The city council. and disapproved or failed to pass, such pro-
(1) posed change, in the same or substantially simi-
(2) The planning and zoning board. lar form, shall not be reconsidered by the city
council for a period of two years. Such restriction
(3) Any department or agency of the city. shall not apply to the property owner if the
(4) Any person or entities. original request was initiated by the city council,
planning and zoning board or any department or
(b) All proposed amendments shall be submit- agency of the city nor shall such restriction apply
ted to the planning and zoning board (in its to the city council,the planning and zoning board
capacity as both the planning and zoning board or any department or agency of the city.
and the local planning agency) for study and (Code 1981, § 647.05)
recommendation. The planning and zoning board
shall study such proposals to determine: Secs. 110-140-110-160. Reserved.
(1) The need and justification for change.
Supp.No. 7 CD110:22
(41111.0"
ZONING § 110-352
(5) Minimum living or floor area shall be as Secs. 110-340-110-350. Reserved.
follows:
a. Hotels and motels, 300 square feet DIVISION 6. M-1 LIGHT INDUSTRIAL AND
per rental unit. RESEARCH AND DEVELOPMENT
b. Hotel and motel units containing DISTRICT*
provisions for cooking or light house-
keeping, not less than 400 square Sec. 110-351. Intent.
feet.
c. All other principal uses and struc- The requirements for the M-1 light industrial
tures, 300 square feet. and research and development district are in-
tended to apply to an area located in close prox-
(6) The maximum height of all buildings con- imity to transportation facilities and which can
structed within the C-1 district shall be serve light manufacturing,research and develop-
45 feet. ment,distribution and other industrial functions.
(Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96) Restrictions in this division are intended to min-
imize adverse influences of the industrial activi-
Sec. 110-337. Minimum setbacks. ties. All principal uses permitted in this zone
(a) In the C-1 low density commercial district, shall be contained in an enclosed structure. All
the minimum setbacks required shall be as fol- buildings in this district shall be considered in the
fire district, as per the definition in section 110-1,
lows: and built in conformance with the rules and
Le' (1) Front, 25 feet. (See subsection (b) of this regulations of fire districts.
section.) (Code 1981, § 638.01)
(2) Side (interior lot line), zero feet; 25 feet
when abutting a residential district. Sec. 110-352. Principal uses and structures.
(3) Side (corner lot line), 25 feet. In the M-1 light industrial and research and
(4) Rear, 10 feet; 25 feet when abutting a development district,the following uses and struc-
residential district. tures are permitted, provided any use or group of
uses that are developed, either separately or, if
(5) Public or private street, 25 feet. developed as a unit with certain site improve-
(b) See section 110-536 for special setbacks. ments, shared in common, meet requirements of
(Code 1981, § 637.55) article IX of this chapter:
(1) General offices, studios, clinics, laborato-
Sec. 110-338. Landscaping, screening and ries, data processing and similar uses.
parking. (2) Engineering,laboratory, scientific and re-
In the C-1 low density commercial district, search instrumentation and associated
landscaping, screening and parking shall be pro- uses.
vided pursuant to article IX of this chapter per- (3) Manufacturing of:
taining to supplementary district regulations.
(Code 1981, § 637.57) a. Instruments for controlling,measur-
ing and indicating physical charac-
Sec. 110-339. Offstreet parking and access. teristics.
b. Optical instruments and lenses.
In the C-1 low density commercial district, c. Surgical, medical and dental instru-
offstreet parking and access to a public or private ments and supplies.
street shall be provided in accordance with sec-
tion 110-466. *Cross reference—Sign regulations in the M-1 light
(Code 1981, § 637.59) industrial and research and development district, §94-99.
Supp.No.7 CD110:41
§ 110-352 CAPE CANAVERAL CODE
d. Ophthalmic goods. ing ordinance of the city,except those
e. Watches, clocks, clockwork-operated contained in subparagraph b., pro-
devices and parts. hibited locations, above, adult enter-
tainment establishments shall be al-
f. Photographic equipment and sup- lowed in the M-1 zoning district.
plies.
d. Measurement of distance. The dis-
g. Jewelry, silverware, plated ware. tance between any two adult enter-
h. Musical instruments and parts. tainment establishments shall be
i. Toys,amusements,sporting and ath- measured in a straight line, without
letic goods. regard to intervening structures,from
j. the closest exterior structural wall of
Radio,TV,phonograph and electron-
each such establishment. The dis-
ics instruments and parts. tance between any adult entertain-
k. Pens, pencils and other office and ment establishment and any residen-
artist materials. tial zoning district, religious
1. Costume jewelry, costume novelties, institution,public park or school shall
buttons and notions. be measured in a straight line,with-
out regard to intervening structures,
m. Other similar uses. from the closest exterior structural
(4) Ministorage and storage garages. wall of the adult entertainment es-
(5) Paint and body shops. tablishment to the nearest boundary
of the area zoned for residential use,
(6) Motor vehicle repair shops. or nearest property boundary of any
(7) Adult entertainment establishments,pro- religious institution, public park or
viding it complies with the following pro- school.
visions: e. Reserved.
a. Definitions.Where applicable,words f. Waiver. The city council, may waive
or phrases used in this subsection the distance requirements of subpara-
shall be defined according to chapter graph (4) above if it finds:
10, article IV of the Cape Canaveral 1. That the proposed use will not
City Code. be contrary to the public inter-
b. Prohibited locations. Notwithstand- est or injurious to nearby prop-
ing any other provision of the zoning erties, and that the spirit and
ordinance of the city,no person shall intent of the zoning ordinance
cause or permit the establishment of will be observed;
an adult entertainment establish-
2. That all applicable provisions
ment within 1,000 feet of another of this subsection and the City
such establishment or within 1,000 of Cape Canaveral Adult Enter-
feet of any preexisting religious in- tainment Code will be observed;
stitution, school, public park or any and
residentially zoned district(R-1,R-2,
R-3). This provision shall also apply 3. That the proposed use will not
to adult entertainment establish- be contrary to any adopted land
ments, religious institutions, public use plan.
parks and areas zoned for residen- (8) Vocational schools and colleges.
tial use that lie outside of the city (Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96;
c. Permissible locations.Notwithstand- Ord. No. 17-96, § 4, 10-1-96; Ord. No. 5-99, § 1,
ing any other provisions of the zon- 9-7-99)
Supp.No. 7 CD110:42
ZONING § 110-355
Sec. 110-353. Accessory uses and structures. Protection Association, Fire Prevention
Code. Above ground storage of liquefied
In the M-1 light industrial and research and petroleum products in excess of 3,000
development district, accessory uses and struc- gallons shall be in an established fire
tures shall be permitted as follows: district.
(1) Retail sales of products manufactured upon (7) Recycling activities for the collection of
the premises. nonhazardous materials,provided that all
(2) Customary accessory uses of one or more storage of such materials shall be in ap-
of the principal uses, clearly incidental proved structures, containers or trailers.
and subordinate to the principal use, in (8) Radio and TV studios.
keeping with the light industrial and re-
search and development character of the (9) Shopping centers, provided the shopping
district. center is on a minimum ten-acre plot and
(Code 1981, § 638.05) has a minimum of 75,000 square feet of
interior space under the roof.All shopping
Sec. 110-354. Special exceptions permissi- centers shall be built in conformance with
ble by board of adjustment. the criteria for the classification of shop-
ping centers as set forth in the building
(a) In the M-1 light industrial and research code adopted in section 82-31.
and development district, after public notice and (10) Public utility equipment;uses and rights-
hearing, the board of adjustment may permit of-way essential to serve the neighbor-
special exceptions which are compatible to per- hood in which it is located.
chol mitted uses and which are able to meet the
minimum requirements and performance stan- (11) Reserved.
dards as set forth in this zoning district. (12) Permanent security living facilities, sub-
(b) The board of adjustment may adjust set- sub-
ject to an annual review and the follow-
backs and provisions of section 110-566 as deemed ing:
necessary and appropriate in granting a special a. Maximum size not to exceed 800
exception. square feet.
b. Security personnel only; no children
(c) Special exceptions may be granted for the allowed.
following:
c. Facility to be used exclusively for
(1) Outside storage, as provided in section security purposes.
110-566.
(13) Restaurants.
(2) Freight handling facilities; transporta- (14) Public buildings.
tion terminals.
(3) Temporary security facilities, subject to (15) Telecommunications towers,subject to the
annual review. provisions of section 110-482.
(Code 1981, §638.07; Ord.No. 13-95, § 1,9-19-95;
(4) Service stations, subject to the provisions Ord. No. 1-96, § 3, 1-30-97; Ord. No. 8-97, § 1,
designated in division 5 of this article for 9-2-97)
the C-1 district. Cross reference—Adult entertainment,§ 10-86 et seq.
(5) Veterinary hospitals and clinics, subject Sec. 110-355. Prohibited uses and structures.
to the provisions designated in division 5 In the M-1 light industrial and research and
of this article for the C-1 district. development district,the following uses and struc-
(6) Storage of liquefied petroleum products, tures are prohibited:
provided that all such uses comply with (1) All uses not specifically or provisionally
the standards set out in the National Fire permitted in this division and uses not in
Supp.No.7 CD110:43
§ 110-355 CAPE CANAVERAL CODE
keeping with the light industrial and re- Sec. 110-358. Landscaping, screening and
search and development character of the parking.
district.
In the M-1 light industrial and research and
(2) Any use deemed objectionable by the stan- development district, landscaping, screening and
dards established in section 110-466 et parking shall be as provided in article IX of this
seq. chapter.
(Code 1981, § 638.09) (Code 1981, § 638.13)
Sec. 110-356. Area and dimensions. Sec. 110-359. Performance standards.
In the M-1 light industrial and research and In the M-1 light industrial and research and
development district, the area and dimensions development district,performance standards shall
shall be as follows:
be as provided in section 110-466 et seq.
(1) Minimum lot area shall be 10,000 square (Code 1981, § 638.15)
feet.
(2) Minimum lot width shall be 75 feet. Sec. 110-360. Parking and loading.
(3) Minimum lot depth shall be 100 feet. In the M-1 light industrial and research and
(4) Maximum lot coverage shall be 50 per- development district,offstreet parking shall be as
cent. provided in section 110-491 et seq. and offstreet
(5) Minimum floor area shall be 300 square loading shall be as provided in section 110-506 et
feet. seq.
(Code 1981, ch. 638.17)
(6) The maximum height of all buildings con-
structed within the M-1 zoning district Secs. 110-361-110-370. Reserved.
shall be 45 feet.
(Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
DIVISION 7. TOWNHOUSES
Sec. 110-357. Minimum setbacks.
(a) In the M-1 light industrial and research Sec. 110-371. Permitted use.
and development district, the minimum setbacks
required shall be as follows: Townhouses are permitted as an allowed use in
R-2 and R-3 districts.
(1) Front, 25 feet. (See subsection (b) of this (Code 1981, ch. 639)
section.)
(2) Side (interior lot line), 15 feet, except Sec. 110-372. Area and dimensions.
where industrial property abuts a residen-
tial district, in which case the minimum Townhouse area and dimensions shall be as
side interior lot shall be 25 feet. follows:
(3) Side (corner lot line), 25 feet. (1) Minimum area to be developed shall be
(4) Rear, 15 feet, except where industrial
6,250 square feet.
property abuts a residential district, in (2) Minimum lot area shall be 1,600 square
which case the minimum rear yard re- feet.
quirement shall be 25 feet. (3) Minimum lot width shall be 20 feet.
(5) Public or private street, 25 feet. (4) Minimum lot depth shall be 70 feet.
(b) See section 110-536 for special setbacks. (5) Maximum lot coverage by all buildings
(Code 1981, § 638.11) shall be 40 percent of the site area.
Supp.No. 7 CD110:44
ZONING § 110-379
(6) Minimum floor area shall be as follows: (2) A five-foot public access easement shall be
a. One bedroom, 650 square feet per provided along each side and across the
dwelling unit. rear of the site.
b. Two bedrooms, 750 square feet per (Code 1981, § 639.07)
dwelling unit. Sec. 110-376. Preservation of trees.
c. Additional bedrooms,200 square feet For townhouses,during the development of the
per bedroom. subdivision, all trees of four inches in diameter or
(7) Maximum building length or width shall larger shall be preserved or replaced, unless they
be 185 feet. exist within:
Until December 31, 1993, 50 and 75-foot-wide (1) A proposed public or private easement.
nonconforming lots of record may have 16-foot- (2) A proposed structure dimension.
wide townhouse lots.
(Code 1981, § 639.03) (3) A proposed driveway or designated park-
ing area.
Sec. 110-373. Minimum setbacks. (4) Ten feet of a proposed structure.
For townhouses, the minimum setbacks re- (Code 1981, § 639.09)
quired shall be as follows:
(1) Front, 25 feet. Sec. 110-377. Individually platted lots.
(2) Side, end unit, eight feet. Each townhouse unit shall be located on an
Lir'` individually platted lot. If there exists areas for
(3) Side, interior unit, zero feet. common use of the occupants,the plat will not be
(4) Rear, 15 feet. approved until satisfactory arrangements are made
for maintenance and presented to the city. Indi-
(5) Side,corner lot,25 feet;on all nonconform- vidual maintenance procedures shall be submit-
ing lots of record, 15 feet. ted to the planning and zoning board to ensure
(Code 1981, § 639.03) that all public areas in common open spaces shall
be maintained in a satisfactory manner without
Sec. 110-374. Offstreet parking. expense to the city.
For a townhouse, there shall be a minimum of (Code 1981, § 639.11)
three parking spaces for each living unit located
on the same property as the main building. The Sec. 110-378. Building permit.
minimum of three parking spaces shall be re- The townhouse developer must file an applica-
quired of all living units of three bedrooms or less. tion for a building permit. The application must
Living units containing in excess of three bed- be in a format approved by the building official
rooms shall require an additional parking space and shall include all elements necessary for multi-
for each bedroom in excess of three. family construction in accordance with section
(Code 1981, § 639.05) 110-221 et seq.The expiration date of the building
permit shall be in accordance with section 106.6.1
Sec. 110-375. Utilities. of the building code adopted in section 82-31.
For townhouse utilities, the following shall (Code 1981, § 639.13)
apply:
Sec. 110-379. Development schedule.
(1) All utility distribution systems, including
but not limited to television cable, tele- A townhouse development schedule shall be
phone and electrical systems shall be in- submitted for review to the planning and zoning
stalled underground.Primary facilities pro-
viding
ro- board, who may approve, approve subject to con-
vidingservices to the site may be excluded. ditions or disapprove.When submitted,the devel-
Supp.No.7 CD110:45
§110-379 CAPE CANAVERAL CODE
opment schedule shall indicate the staging of 4. Professional offices, studios, clinics, labo-
construction and the staging of open space or ratories,general offices, business schools,
other common use areas for conveyance, dedica- data processing and similar uses.
tion or reservation;the geographic stages in which 5. Banks and financial institutions.
the project will be built; the approximate date
when construction of each stage shall begin; and 6. Places in which goods are produced and
its anticipated completion date. Provision for the sold at retail upon the premises.
construction of cultural and recreational facilities 7. Eating establishments, bakeries and del-
which are shown on the site plan shall proceed at icatessens.
an equivalent or greater rate as the construction 8. Non-commercial public parks; commer-
of the dwelling units. cial indoor playgrounds;clubs and lodges;
(Code 1981, § 639.15) cultural facilities; hospitals; clinics; mor-
tuaries and funeral homes(excluding cre-
DIVISION 8. C-2 oratories); government offices; schools;
COMMERCIAL/MANUFACTURING DISTRICT adult and youth centers; churches; read-
ing rooms and similar uses.
Sec. 110-380. Intent. 9. Vocational and trade schools not involving
The requirements for the C-2 commercial/ operations of an industrial nature, such
manufacturing district are intended to apply to as truck driving schools.
an area adjacent to major arterial streets,located 10. Repair service establishments, such as
adjacent to existing commercial or manufacturing household appliances,radio,television and
uses and convenient to major residential areas. similar uses (excluding automobile re-
This district would be associated with a mix of low pairs).
density commercial and light industrial.The types 11. Automotive service stations, subject to
of uses permitted are intended to serve employ- the following:
ment and consumer needs of nearby residential
neighborhoods,as well as the commercial needs of a. All setbacks shall be no less than 25
the motorist.All principal uses permitted in this feet from any portion of the building,
zone shall be contained in an enclosed structure. including pump islands.
All buildings in this district shall be considered in b. Underground storage is required for
the fire district, as per the definition in section all receptacles for combustible mate-
110-1 and shall be built in conformance with the rials in excess of 55 gallons. Such
rules and regulations of fire districts. storage shall comply with all Envi-
(Ord. No. 4-99, § 1, 7-6-99) ronmental Protection Agency stan-
dards.
Sec. 110-381. Principal uses and structures. c. The accumulation and storage of
In the C-2 commercial/manufacturing district, waste petroleum products is forbid-
the following uses and structures are permitted: den, unless in compliance with En-
vironmental Protection Agency stan-
1. Retail stores, sales and display rooms, dards.
and shopping centers. d. Curb cuts shall be made in accor-
2. Personal service establishments, such as dance with section 110-493.
beauty shops and barbershops, laundry e. No service stations shall be erected
and dry cleaning pickup stations, tailor or located within 150 feet of the
shops, daycare and similar uses. property line of any church,hospital,
3. Dry cleaning establishments using non- school or park.
flammable solvents and cleaning fluids as f. A visual screen, meeting the specifi-
determined by the fire chief. cations of section 110-566, shall be
Supp.No. 7 CD110:46
‘11/61110f ZONING § 110-381
provided along any property line abut- k. Vehicles are not to be dismantled or
ting a residential district or residen- scrapped for parts.
tial use. 1. Engine and transmission overhaul
g. Services and sales permissible in- may be performed only inside the
dude only the following: service bays.
1. Spark plugs, batteries, distrib- m. A minimum of two enclosed service
utor parts,ignition system parts, bays and a customer waiting area
vehicle wiring and the like. must be provided if maintenance and
2. Exhaust system components,en- repairs are a part of the business.
gine cooling components, auto- n. A minimum building size of 2,000
motive air conditioning system square feet shall be provided.
components, braking system o. No plants (grass, weeds, etc.) shall
components,vehicle lighting sys- be allowed to grow through cracks or
tem components, radios, steer- joints in the pavement.
ing assembly parts,fuel system
components and the like. p. Landscaping shall conform to sec-
3. Tire servicing and repair, but tion 110-566.
not recapping. q. Service stations shall not be erected
4. Washing and polishing, includ- or located within 2,000 feet of the
ing the sale of related materi- property line of another service sta-
als tion.
5. Greasing,oil changes and other 12. Light manufacturing, including:
lubrication. a. Instruments for controlling,measur-
6. Sale of cold drinks, package ing and indicating physical charac-
foods, tobacco and similar con- teristics.
venience goods for service sta- b. Optical instruments and lenses.
tion customers. c. Surgical, medical and dental instru-
7. Road maps, informational ma- ments and supplies.
terials and restroom facilities. d. Ophthalmic goods.
h. Vehicles shall not be parked outside e. Watches, clocks, clockwork-operated
the building for more than four days, devices and parts.
such four days to be considered as an
accumulated parking time, whether f. Photographic equipment and sup-
consecutive or accumulated. plies.
i. Uses permissible at a service station g Jewelry, silverware, plated ware.
do not include body work, straight- h. Musical instruments and parts.
ening of body parts, painting, weld- i. Toys,amusements,sporting and ath-
ing(other than minor repairs), stor- letic goods.
age of automobiles not in operating j. Radio,TV,phonograph and electron-
condition or other work involving ics instruments and parts.
noise, glare, fumes, smoke or other
characteristics to an extent greater k. Pens, pencils and other office and
than normally found in service sta- artist materials.
tions.A service station is not a body 1. Costume jewelry, costume novelties,
shop. buttons and notions.
L j. Automotive parts,new or used,shall m. Other similar uses.
not be stored outside. (Ord. No. 4-99, § 1, 7-6-99)
Supp.No.7 CD110:46.1
§ 110-382 CAPE CANAVERAL CODE
Sec. 110-382. Accessory uses and structures. b. All ingress and egress points to abut-
ting streets shall be marked clearly
In the C-2 commercial/manufacturing district, and placed not closer than 30 feet
customary accessory uses of one or more of the apart on the same street.
principal uses,clearly incidental and subordinate c. All servicing and repair activities,
to the principal use,in keeping with the commer- except gasoline pumps, shall be lo-
cial manufacturing character of the district, are cated in an enclosed structure.
permitted.
(Ord. No. 4-99, § 1, 7-6-99) d. There shall be no storage of junked
or wrecked automobiles, other than
temporary storage, not to exceed 30
Sec. 110-383. Special exceptions permissi- days. These vehicles shall be within
ble by the board of adjust- an enclosed area and not be visible
ment. from outside the property.
(a) In the C-2 commercial/manufacturing dis- e. Ingress and egress points shall not
trict, after public notice and hearing,the board of be placed so as to endanger pedes-
adjustment may permit special exceptions which trian traffic.
are compatible to permitted uses and which are 7. Commercial establishments for the stor-
able to meet the minimum requirements and age of parking recreational vehicles,trail-
performance standards,as set forth in this zoning ers and trailerable items,provided it meets
district. the following, as a minimum:
a. Minimum lot size of 10,000 square
(b) The board of adjustment may adjust set- feet.
backs and provisions noted in article IX of this
chapter as necessary and appropriate in granting b. Vehicle storage area must be ob-
special exceptions. scored from view by either walls,
fences or hedges.
(c) Special exceptions may be permitted for the c. Walls, fences and hedges must corn-
following: ply with all city rules and regula-
1. Plant nurseries and greenhouses, pro- tions and must be kept in good con-
vided that all outside display of merchan- clition, so as to ensure obstruction
dise are contained within the required from view.
setbacks. 8. Public utility equipment:Uses and rights-
2. Vocational and trade schools involving of-way essential to serve the neighbor-
operations of an industrial nature. hood in which it is located.
3. Radio and television studios. 9. Theaters, drive-in theaters, photographic
studios,bookstores and dance studios,un-
4. Temporary security facilities, subject to less such uses fall within the scope and
annual review. restrictions of section 10-86, et seq.
5. Veterinary hospitals and clinics, subject 10. Carwashes, including polishing and sale
to the provisions designated in division 5 of related materials.
of this article for the C-1 district. 11. Mini-storage and storage warehouses.
6. Sales,leasing and rental of new and used 12. Commercial establishments which sell,
automobiles, major recreational equip- dispense, serve or store alcoholic bever-
ment and mobile homes with accessory ages or which permit the consumption of
services, subject to the following: alcoholic beverages on their premises sub-
a. Outside areas where merchandise is ject to section 110-171.
displayed shall be paved. (Ord. No. 4-99, § 1, 7-6-99)
Supp.No. 7 CD110:46.2
ZONING § 110-401
Sec. 110-384. Prohibited uses and structures. 3. Side (corner lot line), 25 feet.
In the C-2 commercial/manufacturing district, 4. Rear, 15 feet, except where industrial
the following uses and structures are prohibited: property abuts a residential district, in
1. All uses not specifically or provisionally which case the minimum rear yard re
permitted in this division. quirement shall be 25 feet.
2. Any use which fails to meet performance 5. Public or private street, 25 feet.
standards specifications as provided in a. (See Section 110-356 for special set-
section 110-466. backs.)
3. Bottle clubs. (Ord. No. 4-99, § 1, 7-6-99)
4. Crematoriums (animal or human). Sec. 110-387. Landscaping, screening and
(Ord. No. 4-99, § 1, 7-6-99) parking.
Sec. 110-385. Area and dimensions. In the C-2 commercial/manufacturing district,
landscaping, screening and parking shall be as
In the C-2 commercial/manufacturing district, provided in article IX of this chapter.
the following areas and dimensions shall be re- (Ord. No. 4-99, § 1, 7-6-99)
quired:
1. Minimum lot area shall be as follows: Sec. 110-388. Performance standards.
a. Service stations, 12,000 square feet. In the C-2 commercial/manufacturing district,
b. All other principal uses and struc- performance standards shall be as provided in
Loo."
tures shall be 10,000 square feet. section 110-466, et seq.
(Ord. No. 4-99, § 1, 7-6-99)
2. Minimum lot width shall be as follows:
a. Service stations, 100 feet. Sec. 110-389. Parking and loading.
b. All other principal uses and struc- In the C-2 commercial/manufacturing district,
tures shall be 75 feet. off-street parking shall be as provided in section
3. Minimum lot depth shall be 100 feet. 110-491, et seq., and off-street loading shall be as
provided in section 110-506, et seq.
4. Maximum lot coverage shall be 50 per- (Ord. No. 4-99, § 1, 7-6-99)
cent.
5. Minimum floor area shall be 300 square Secs. 110-390-110-400. Reserved.
feet.
6. Maximum height shall be 45 feet. ARTICLE VIII. RESIDENTIAL PLANNED
(Ord. No. 4-99, § 1, 7-6-99) UNIT DEVELOPMENTS
Sec. 110-386. Minimum setbacks. DIVISION 1. GENERALLY
In the C-2 commercial/manufacturing district,
the minimum setbacks required shall be as fol- Sec. 110-401. Definitions.
lows:
The following words,terms and phrases,when
1. Front, 25 feet. used in this article, shall have the meanings
a. (See § 110-356 for special setback.) ascribed to them in this section,except where the
2. Side(interior lot line)15 feet,except where
context clearly indicates a different meaning:
industrial property abuts a residential Block means an area delineated within a stage
district, in which case the minimum side which is subdivided into lots for single units and
interior lot shall be 25 feet. individual ownership.
Supp.No.7 CD110:46.3
§ 110-401 CAPE CANAVERAL CODE
Common open space means a parcel of land or Preliminary development plan application means
a combination of land and water within the site the application for approval of the use of a site as
designated as a residential planned unit develop- a residential planned unit development and for
ment and designed and intended for the use or approval of the required exhibits as specified in
enjoyment of residents of the residential planned this article.
unit development. Common open space shall be Residential planned unit development or RPUD
integrated throughout the residential planned means an area of land developed as a single entity
unit development to provide for a linked recre- or in approved stages in conformity with a final
ational/open space system. development plan by a developer or group of
Developer means a person who owns land which developers acting jointly,which is totally planned
is developed into a residential planned unit devel- to provide for a variety of residential uses and
opment and who is actually involved in the con- common open space.
struction and creation of a residential planned
unit development.
Development plan means the total site plan of
the residential planned unit development drawn
in conformity with this article. The development
plan shall specify and clearly illustrate the loca-
tion,relationship,design,nature and character of
all primary uses, public and private easements,
structures,parking areas,public and private roads
and common open space.
Development schedule means a comprehensive
statement showing the type and extent of devel-
opment to be completed within the various prac-
ticable time limits and the order in which devel-
opment is to be undertaken. A development
schedule shall contain an exact description of the
specific buildings, facilities, common open space
and other improvements to be developed at the
end of each time period.
Final development plan means the develop-
ment plan approved by the city council and re-
corded with the clerk of the circuit court of the
county according to this article.
Final development plan application means the
application for approval of the final development
plan and for approval of the required exhibits as
specified in this article.
Lot means a portion of a block intended for the
construction of one dwelling or the transfer of
ownership or both.
Preliminary development plan means the de-
velopment plan approved by the city council and
filed with approval by the city of a residential
planned unit development zone.
Supp.No. 7 CD110:46.4
Lare ZONING § 110-469
ARTICLE IX. SUPPLEMENTARY (5) A sign specifying a garage or yard sale
DISTRICT REGULATIONS* may be displayed on the premises of the
sale on sale days only. Such sign shall not
exceed four square feet in size.
DIVISION 1. GENERALLY
(6) The person in charge of the sale shall
ensure that automotive vehicles of poten-
Sec. 110-466. Application of performance tial or actual customers do not interfere
standards. with pedestrian or vehicular traffic in the
(a) Any use, building, structure or land devel- vicinity.
oped, constructed or used for any permitted prin- (Code 1981, § 641.13)
cipal use or any use permissible as a special
exception or any accessory use shall comply with Sec. 110-468. Accessory structures.
all of the performance standards set by federal, (a) No accessory structure shall be erected in
state and county regulations. any front yard, and the accessory structure shall
(b) If any use or building or other structure is not cover more than 30 percent of any required
extended, enlarged or reconstructed, the perfor- rear setback. No separate accessory structures
mance standards involved shall apply with re- shall be erected within ten feet of any building on
the same lot or within five feet of any lot line.An
spect to such extended,enlarged or reconstructed
portion of such use, building or other structure. accessory structure shall not exceed 24 feet in
(Code 1981, § 641.15) height. However, a lot with a one- or two-family
residence only may have one additional accessory
Laisof''' structure erected per unit, not to exceed 100
Sec. 110-467. Garage sales. square feet with a maximum height of ten feet if
The noncommercial sale of privately owned detached or 32 square feet with maximum height
items at retail from residential premises, corn- of ten feet if attached in rear setback. In new
monly known as a garage sale or yard sale, shall construction an accessory building may not be
comply with the following: constructed prior to the construction of the main
building. No accessory building shall be used for
(1) Hours of sale shall be restricted to day- any home occupation or business or for perma-
light hours. nent living quarters;it shall contain no kitchen or
(2) The sale may continue for two periods of cooking facilities. It may be used for housing
not more than three consecutive days temporary guests of the occupants of the main
each. The two periods of sale shall be building. It is not to be rented or otherwise used
separated by a minimum of four nonsale as a separate dwelling.
days, and the total sale days shall be (b) Storage or utility sheds of a temporary
completed within 15 consecutive calendar nature,without a permanent foundation,not over
days. 100 square feet in size or more than seven feet
(3) Yards shall be cleared of salable items on high, are exempt from this section, provided they
all nonsale days. are in the rear yard only.
(Code 1981, § 641.23)
(4) Subsequent garage sales conducted on
the same premises by the same household Sec. 110-469. Visibility at intersections.
are permitted 180 days after the close of
the preceding sale. On a corner lot in any zoning district, nothing,
with the exception of traffic signs, utility poles
*Cross references—Litter,§34-26 et seq.;property main- and open chain link or wire fences, shall be
tenance requirements,§34-97;lighting regulations, §34-206 erected, placed, planted or allowed to grow be-
et seq.;solid waste,ch.62;floodplain protection regulations,§
90-91 et seq.; signs restrictions based on zoning district, § tween a height of 2112 feet and ten feet above the
94-96 et seq. centerline grades of the intersecting streets in the
Supp.No.7 CD110:59
§ 110-469 CAPE CANAVERAL CODE
triangular area bounded on two sides by the 300-foot radius of the property for which
street right-of-way lines and on the third side by an exception is sought.The applicant shall
a straight line drawn between two points on the pay a fee as set forth in appendix B to this
street right-of-way line located 25 feet from the Code.
point of the intersection of the street right-of-way (b) No wall shall be built along unimproved
lines.
(Code 1981, § 641.25) property boundaries until and unless the owner
Cross references—Property maintenance requirements, has obtained and paid for a building permit for
§34-97;streets,§66-26 et seq.;traffic and vehicles,ch. 74. the principal structure.
(c) All concrete boundary walls are to be fin-
Sec. 110-470. Fences, walls and hedges. ished by stuccoing or painting in neutral colors at
the time they are constructed.
(a) Fences,walls and hedges may be permitted
in any yard,except as specified in section 110-469, (d) No words or symbols, other than street
provided the following height restrictions shall addresses and names of occupants in residential
apply: districts, shall be permitted on exterior boundary
walls. If there are such nonallowed words or
(1) In any residential district (R-1, R-2 or symbols, they shall be covered within seven days
R-3),no fence,wall or hedge in any side or of notification to the owner by the city.
rear yard shall be over six feet in height or
over four feet in height if within 25 feet of (e) Reserved.
any yard abutting any public right-of- (Code 1981, § 641.27; Ord. No. 8-99, § 1, 7-6-99)
way. Cross references—Property maintenance standards, §
34-97; building code, §82-31 et seq.; swimming pool code, §
(2) In any commercial (C-1) and industrial 82-246 et seq.;housing code,§82-271 et seq.
(M-1) districts, no fence, wall or hedge in
any side or rear yard shall be over eight Sec. 110-471. Exceptions to height regula-
feet in height or over four feet in height if tions.
within 25 feet of any yard abutting any The height limitations contained in article VII
public right-of-way.When the boundary of of this chapter do not apply to spires, belfries,
a commercial or industrial zoning district cupolas,antennas,water tanks,solar panels,ven-
abuts any residential zoning district, the tilators, chimneys,elevator equipment, air condi-
maximum height of a fence,wall or hedge tioning or other necessary equipment room usu-
shall be six feet. ally required to be placed above the roof level and
(3) In any district, the planning and zoning not intended for human occupancy.
board may provide an exemption allowing (Code 1981, § 641.29)
a fence of six feet in height within 25 feet
of any yard abutting any public right-of- Sec. 110-472. Access.
way if the applicant can demonstrate that Every building shall be on a lot fronting on a
an ascertainable and definable hazard public street or on an
will be reduced by the construction of the approved private street or
with legal access to a public street and shall have
six-foot fence. The applicant must also
a safe and convenient access for servicing, fire
demonstrate that the additional height
will not cause a visual obstruction to protection and required offstreet parking.All lots
upon which structures are built shall have a
motorists deemed hazardous by the plan-
Hing and zoning board.A written request minimum access width of 15 feet to a public
for an exemption shall be filed at least 21 right-of-way or an approved private right-of-way.
days prior to the planning and zoning (Code 1981, § 641.31)
board meeting at which it is to be consid-
ered, and notice of the meeting shall be
"ftejmailed to all property owners within a
Supp.No. 7 CD110:60
L
APPENDIX A
FRANCHISES
Article I. Cable Television Franchise
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Legislative findings.
Sec. 4. Grant of non-exclusive franchise.
Sec. 5. Compliance with applicable laws and regulations.
Sec. 6. Territorial area involved.
Sec. 7. Liability and indemnity provision.
Sec. 8. System upgrade.
Sec. 9. Customer service standards.
Sec. 10. Emergency use of facilities by city.
Sec. 11. Other business activities.
Sec. 12. Safety requirements.
Sec. 13. Conditions of street occupancy.
Sec. 14. Preferential or discriminatory practices prohibited.
Sec. 15. Removal of facilities upon request.
Sec. 16. Restrictions on assignment,transfer,sale and subleasing.
Sec. 17. Term of franchise.
Sec. 18. Rates to be charged by grantee.
Sec. 19. City rights in franchise.
‘111111,1 Sec. 20. Maps and additional reports to be filed by grantee.
Sec. 21. Payment to the city.
Sec. 22. Forfeiture of franchise.
Sec. 23. City's rights of intervention.
Sec. 24. Erection,removal,and common user job poles.
Sec. 25. Re-regulation.
Sec. 26. Basic service.
Sec. 27. Quality of service.
Sec. 28. Public service.
Sec. 29. Severability.
Article II. Electric
Sec. 1. [Grant.]
Sec. 2. [Acceptance by grantee.]
Sec. 3. [Location of facilities.]
Sec. 4. [Liability.]
Sec. 5. [Rates,rules and regulations.]
Sec. 6. [Amount of payments by grantee to grantor.]
Sec. 7. [Monthly payments.]
Sec. 8. [Competition by grantor.]
Sec. 9. [Forfeiture.]
Sec. 10. [Validity.]
Sec. 11. [Repeal of conflicting ordinances.]
Sec. 12. [Effective date.]
Article III. Gas Franchise Agreement
Sec. I. Recitals.
Sec. II. Short title.
Sec. III. Purpose and goals.
Sec. IV Definitions.
Sec. V. Grant of franchise.
Supp.No.7 CDA:1
CAPE CANAVERAL CODE
Sec. VI. Effective date of franchise;term.
Sec. VII. Franchise operation.
Sec. VIII. Transfer of ownership or control.
Sec. IX. Franchise fees.
Sec. X. Forfeiture or revocation.
Sec. XI. Liability and insurance.
Sec. XII. Indemnification and hold harmless.
Sec. XIII. Design and construction provisions.
Sec. XIV. Books and records available to city.
Sec. XV. Preferential or discriminatory practices prohibited.
Sec. XVI. Service standards.
Sec. XVII. Miscellaneous provisions.
Article W. Telephone
Sec. 1. Definitions.
Sec. 2. Grant of permission.
Sec. 3. Compliance with applicable law and ordinances.
Sec. 4. Company liability:indemnification.
Sec. 5. Conditions on street occupancy.
Sec. 6. Transfer of rights granted herein.
Sec. 7. Fees paid by company.
Sec. 8. Inspection of records.
Sec. 9. Terms of rights granted.
Sec. 10. Limitations on obligations of city.
Sec. 11. Severability.
Article V. Water Franchise
J
Supp.No. 7 CDA:2
(1111111111 APPENDIX A—FRANCHISES §2
ARTICLE I. CABLE TELEVISION FOR THE PAYMENT OF FRANCHISE FEES TO
FRANCHISE* THE CITY;PROVIDING FOR FORFEITURE OF
THE FRANCHISE; PROVIDING FOR THE
AN ORDINANCE OF THE CITY OF CAPE CITY'S RIGHT OF INTERVENTION IN LAW-
CANAVERAL, BREVARD COUNTY, FLORIDA, SUITS; PROVIDING FOR ERECTION AND RE-
GRANTING A FRANCHISE TO TIME WARNER MOVAL OF POLES; PROVIDING FOR RE-
ENTERTAINMENT COMPANY, L.P. TO CON- REGULATION; PROVIDING FOR BASIC
STRUCT, OPERATE AND MAINTAIN A CABLE SERVICE;PROVIDING FOR QUALITY OF SER-
TELEVISION SYSTEM IN THE CITY AND SET- VICE;PROVIDING FOR PUBLIC SERVICE;PRO-
TING FORTH CONDITIONS ACCOMPANYING VIDING FOR SEVERABILITY;PROVIDING FOR
THE GRANTING OF THE FRANCHISE; PRO- REPEAL OF CONFLICTING ORDINANCES AND
VIDING A SHORT TITLE; PROVIDING FOR RESOLUTIONS;AND PROVIDING FOR AN EF-
DEFINITIONS; MAKING LEGISLATIVE FIND- FECTIVE DATE.
INGS; PROVIDING FOR A GRANT OF A NON-
EXCLUSIVE FRANCHISE; PROVIDING FOR Section 1. Short title.
COMPLIANCE WITH APPLICABLE LAWS;PRO-
VIDING FOR THE TERRITORIAL AREA IN- This ordinance shall be known and may be
VOLVED; PROVIDING FOR LIABILITY AND cited as the "Cable Television Franchise Ordi-
INDEMNIFICATION; PROVIDING FOR A SYS- nance".
TEM UPGRADE SCHEDULE;PROVIDING FOR (Ord. No. 38-94, § 1, 11-1-94)
CONSUMER SERVICE STANDARDS; PROVID-
ING FOR EMERGENCY USE OF THE FACILI- Section 2. Definitions.
Lise TIES BY THE CITY; PROVIDING FOR OTHER For the purposes of this ordinance, the follow-
BUSINESS ACTIVITIES; PROVIDING FOR ing terms, phrases, words, and their derivations
SAFETY REQUIREMENTS; PROVIDING FOR shall have the meaning given herein. When not
CONDITIONS OF STREET OCCUPANCY;PRO- inconsistent with the context, words used in the
VIDING FOR THE PROHIBITION OF PREFER- present tense include the future, words in the
ENTIAL OR DISCRIMINATORY PRACTICES; plural number include the singular number, and
PROVIDING FOR REMOVAL OF FACILITIES words in the singular number include the plural.
UPON REQUEST;PROVIDING FOR RESTRIC- The word "shall" is always mandatory and not
TIONS ON THE TRANSFER OF THE FRAN- merely directory.
CHISE; PROVIDING FOR THE TERM OF THE
FRANCHISE; PROVIDING FOR RATE REGU- a. "City"is the City of Cape Canaveral,Flor-
LATIONS; PROVIDING FOR CITY RIGHTS IN ida.
THE FRANCHISE;PROVIDING FOR THE FIL- b. "Cable Act" is the Cable Communications
ING OF MAPS AND REPORTS; PROVIDING Policy Act of 1984, 47 U.S.C. §§ 521-559
*Editor's note—Ord. No. 38-94, § 30, adopted Nov. 1, and the Cable Television Consumer Pro-
1999,repealed article I in its entirety. Formerly, said article tection and Competition Act of 1992, and
pertained to cable communications.Further,said ordinance§§ as those Acts may be amended.
1-28 set out provisions for a new article I to read as herein set
out.Amendments to the franchise are indicated by parenthet- C. "City council" is the City Council of the
ical history notes following amended provisions.The absence City of Cape Canaveral.
of a history note indicates that the provision remains un- d. "Cable television system"or "cable system"
changed from the original franchise.Obvious misspellings and
punctuation errors have been corrected without notation.For shall mean a system of antennas, cables,
stylistic purpose, a uniform system of headings, catchlines, wires, lines, towers, wave guides or other
capitalization, citation to state statutes, and expression of conductors, converters, equipment or fa-
numbers in text has been used to conform to the Code of cilities designed and constructed for the
Ordinances.Additions made for clarity are indicated by Brack- purpose of producing,receiving,transmit-
ets.See the Code Comparative Table.
State law reference—Minimum standards for cable tele- ting, amplifying, and distributing audio,
vision franchises,F.S.§ 166.046. video, and other forms of electronic or
Supp.No.7 CDA:3
§2 CAPE CANAVERAL CODE
electrical signals, located in the city. Said Section 3. Legislative findings.
definition shall not include any such facil-
In considering whether to grant a cable televi-
ity that serves or will serve only subscrib-
sion franchise within the city to any person, the
ers in one or more multiple-unit dwellings
city has considered all relevant facts and matters,
under common ownership,control or man-
both procedural and substantive,in arriving at its
agement,unless such facility utilizes pub-
lic rights-of-way. decision, including, but not limited to, the follow-
in
e. "Grantee"is Time Warner Entertainment g
Company, L.P., a Delaware limited part- a. The economic impact upon private prop-
nership, d/b/a Time Warner Cable or any- arty within the city.
one who succeeds in accordance with the b. The need for a cable television, franchise
provisions of this franchise. within the city, if any.
f. "Gross revenues" means all receipts de- c. The capacity of public rights-of-way to
rived directly or indirectly by the grantee accommodate a cable television system.
or by any assignee, transferee, sublessee
or other entity exercising the rights and d. The present and future use of the public
privileges of this franchise from any source rights-of-way to be used by the cable sys-
whatsoever, arising from, attributable to, tem.
or in any way derived from, the sale or e. The potential disruption to existing users
exchange of cable services or other ser- of the public rights-of-way to be used by
vices from the operation of the cable sys- the cable television system and the result
tem by the grantee within the city. Gross of inconvenience which may occur to the
revenues includes, but is not limited to, public.
fees charged subscribers for basic service; f. The financial ability of the grantee to
fees charged subscribers for any optional, perform and other societal interests, in-
premium,per-channel or per-program ser- cluding the dissemination of information
vice;fees charged subscribers for any tier through cable television and the exercise
of service other than basic service;instal- of the rights of free speech under the First
lation, disconnection, reconnection and Amendment of the United States Consti-
change-in-service fees;leased access fees; tution.
fees,payments or other consideration from (Ord. No. 38-94, § 3, 11-1-94)
programmers for carriage of program-
ming on the system; revenue from con-
Section 4. Grant of non-exclusive franchise.
verter rentals or sales; advertising reve-
nues; and revenues from home shopping a. That grantee is hereby granted by the City
channels. Gross revenues shall not in- of Cape Canaveral the non-exclusive right to
dude franchise fees, bad debts or any erect, construct, operate and maintain, in, upon,
taxes on services furnished by the grantee along, across, above, over and under the streets,
which are imposed upon any subscriber or alleys, easements, swale areas, public ways, and
user by the state, county, city or other public places now laid out or dedicated (and all
governmental unit and collected by the extensions thereof and additions thereto) in the
grantee on behalf of said governmental city, such poles, wires, cables, underground con-
unit and which the grantee passes on in duits, manholes and other conductors, fixtures,
full to the applicable authority or author- and facilities as may be necessary for the opera-
ities. tion and maintenance in the city of a cable tele-
g. "Person"is any natural person,firm,part- vision system. Without limiting the generality of
nership, association, corporation or orga- the foregoing, this franchise and grant shall and
nization or entity of any kind. does hereby include the right,in,over,under, and
(Ord. No. 38-94, § 2, 11-1-94) upon the streets, alleys, easements, swale areas,
Supp.No. 7 CDA:4
LII0e APPENDIX A—FRANCHISES §4
public ways, and public places in the city to restore such places so disturbed in as good
install, erect, operate or in any way acquire the condition as before said work was com-
use of, as by leasing, renting, or licensing, any menced.
and all lines, poles, or equipment necessary to a 4. Grantee shall not place any fixtures or
cable television system, and the right to make equipment where the same will interfere
connections to subscribers and the right to repair, with any gas,electric,telephone,sewer,or
replace, enlarge, and extend said lines, equip- water lines, reclaimed water lines, fix-
ment, and connections, providing, however, the tures, or equipment, and the location by
installation of facilities as is above set forth shall grantee of its lines and equipment shall
be in such locations and in such a manner as is be in such manner as not to interfere with
approved in advance by the city. the usual travel on said streets, and the
use of the same for the installation or
b. The right to use and occupy said streets, operation of gas, electric, telephone, wa-
alleys, easements, swale areas, public ways and ter, or sewer lines equipment.
places herein set forth shall not be exclusive, and
the city reserves the right to grant a similar use of 5. Grantee, at the request of the city, shall
said streets, alleys, easements, swale areas, pub- temporarily raise or lower its overhead
lic ways and places to any person at any time lines to permit the moving of buildings or
during the period of this franchise. Should such other objects. There shall be at least five
subsequent franchise be granted, grantee shall working days' notice given to grantee of
have the right to operate under any and all the proposed date and route for move-
conditions specified in such subsequent franchise, ment of such buildings or other objects.
Lie at grantee's discretion. The reasonable cost of temporarily rais-
ing or lowering of such lines is to be borne
c. This grant is made upon the following con- by the person or organization moving the
ditions,limitations, and requirements: buildings, or other objects, except in the
case of a governmental body or agency,in
1. All installations in the public right-of-way which event the cost shall be borne by
shall be done by grantee in accordance grantee
with the specifications and requirements
of the city. Any repair work which re- 6. Nothing in this franchise ordinance shall
quires the disturbance of the surface of vest in grantee any property rights in
any street or which will interfere with city-owned property, nor shall the city be
traffic shall not be undertaken until compelled to maintain any of its property
grantee shall have secured city permits as any longer than, or in any fashion other
required in all other cases. than in the city's judgment its own busi-
ness or needs may require.
2. All transmission and distribution struc-
tures, lines, and equipment erected by 7. The city shall not be liable to grantee or
grantee within the city shall be so located any other person or persons for any dam-
as to cause minimum interference with age occurring to the property of grantee
the proper use of streets, and to cause caused by employees of the city in the
minimum interference with the rights or performance of their duties, nor shall the
reasonable convenience of property own- city be held liable to grantee or any other
ers who adjoin any of said streets. person or persons for the interruption of
the grantee's service by actions of city
3. In case of any disturbance of pavement, employees in the performance of their
sidewalks, driveways, or other surfacing, duties.
Ciage grass,or other landscaping,grantee shall,
at its own expense and in a manner ap-
proved 8. Grantee's cable system may be installed
by the city, promptly replace and above ground in areas where existing power
Supp.No.7 CDA:5
§4 CAPE CANAVERAL CODE
and telephone facilities are above ground, wires and cables, all trimming to be done
and shall be installed underground in under the supervision and direction of the
areas where such existing power and tele- city and at the expense of grantee.
phone facilities are installed underground. 13. Grantee shall promptly and at its own
Grantee shall endeavor to enter into agree-
expense relocate, remove or modify any
ments for the purpose of sharing these part of this cable system which the city
facilities with any person now or hereaf- may request in connection with any pub-
ter authorized by permit, license, fran- lic purpose including the abandonment of
chise or otherwise to erect and maintain any right-of-way street, or to accommo-
overhead or underground wires and ca- date improvements to such streets, or to
bles, it being the intent hereof that all accommodate city sewer, water, electric,
above ground installations of grantee's communications,or other facilities or parks
cable system shall be accomplished on or open space or recreation areas occupy-
existing utilities poles and easements
where feasible. ing any part of the streets.
9. Grantee shall relocate any above ground 14. When it does not interfere with the oper-
ation of the cable system, the city shall
portion of its cable system underground
in any areas where existing power or have free use of any poles in grantee's
telephone facilities are hereafter so relo- cable system owned by grantee to carry
cated. Any such relocation shall be at conductors for any city-owned electric,
grantee's expense, and such relocation communications or signaling system, ex-
shall be accomplished concurrently with eluding a cable system.
relocation of any such power and tele- 15. It is understood that there may from time
phone facilities. The city will facilitate to time be within the city various streets
cooperation of all utilities involved in such which the city does not have the unqual-
relocation; however, the acts or omissions ified right to authorize grantee to use,
of the city in facilitating cooperation shall because of reservations in favor of the
not relieve grantee of its duties under this dedicators or because of other legal im-
paragraph 9. pediments;therefore,in making this grant,
10. The right to use the city's streets herein the city does not warrant or represent as
granted is subject to the terms of all to any particular street or portion of a
rights or franchises heretofore granted by street that it has the right to authorize
the city, and to the terms of all rights or grantee to install or maintain portions of
its cable system therein, and in each case
franchises hereafter granted by the city,
to companies primarily engaged in the the burden and responsibility for making
rendering of public utilities services or such determination in advance of the in-
services similar to the grantee's. stallation shall be upon grantee.
16. If grantee shall fail to make any repair,
11. Grantee's work, while in progress, shall
be properly protected at all times with remove or relocate any part of its cable
suitable barricades,flags,lights,flares,or system, or otherwise perform its obliga-
other devices as are reasonably required tions hereunder, then the city is hereby
to protect all members of the public hav- authorized to do the same at grantee's
expense, and grantee shall reimburse the
ing occasion to use the portion of the
streets involved, or adjacent property. city for the cost thereof promptly upon
receipt of an invoice. All such repairs,
12. Grantee shall have the authority to trim removal or relocation shall be accom-
trees upon and overhanging streets of the plished within 48 hours of the grantee
city so as to prevent the branches of such receiving a notice that repair, removal or
trees from coming in contact with grantee's relocation is necessary. Such time period
Supp.No. 7 CDA:6
(4111110e APPENDIX A—FRANCHISES §7
can be extended if such repair,removal or city's gross negligence,willful misconduct or crim-
relocation cannot reasonably be accom- inal acts as determined by a court of competent
plished within such time with prior ap- jurisdiction.
proval of the city.
(Ord. No. 38-94, § 1, 11-1-94) b. The grantee shall pay,and by its acceptance
of this franchise the grantee specifically agrees
that it will pay, all damages and penalties which
Section 5. Compliance with applicable laws the city legally may be required to pay as a result
and regulations. of the granting of this franchise. These damages
The grantee shall,at all times during the life of arising out of copyright infringements and all
this franchise, be subject to all lawful exercise of other damages arising out of the installation,
presence, operation, or maintenance of the cable
the police power of the city as established by
future ordinances. The construction of new facil- system authorized herein,whether or not any act
ities shall be applied for and approved by the city or omission complained of is authorized, allowed,
prior to construction commencing. Grantee shall or prohibited by this franchise.
maintain and operate the cable television system c. Grantee shall maintain, and by its accep-
according to all pertinent rules and regulations of tance of this franchise specifically agrees that it
the federal regulatory commission or agency hav- will maintain throughout the terms of this fran-
ing jurisdiction in respect to any matters affecting chise, liability insurance with insurance compa-
cable operations authorized pursuant to this fran- nies licensed to do business in the State of Florida
chise. The construction, operation, and mainte- and rated A+by Best's Rating Guide insuring the
nance of the system by grantee shall be in full city and the grantee with regard to all damages
Lairl compliance with the National Electric Code, as mentioned in subparagraphs a. and b. above in
from time to time amended and revised, and in the minimum amounts of:
full compliance with all other applicable rules and
regulations now in affect or hereinafter adopted 1. $1,000,000.00 for bodily injury or death to
by the Federal Communication's Commission, or any one person,within the limit,however,
other public regulatory agency, or the State of of$3,000,000.00 for bodily injury or death
Florida. resulting from any one accident;
(Ord. No. 38-94, § 5, 11-1-94) 2. $500,000.00 for property damage result-
ing for any one accident;
Section 6. Territorial area involved. 3. $1,000,000.00 for the infringement of copy-
rights; and
This franchise is granted in all areas within
the present territorial limits of the city and in any 4. $1,000,000.00 for all other types of liabil-
area henceforth added thereto during the term of ity.
this franchise. d. Grantee shall maintain, and by its accep-
(Ord. No. 38-94, § 6, 11-1-94) tance of this franchise specifically agrees that it
will maintain throughout the term of this fran-
Section 7. Liability and indemnity provi- chise, a faithful performance bond running to the
sion. city,with a good and sufficient surety approved by
the city, in the penal sum of $30,000.00, condi-
a. The grantee shall indemnify and hold harm- tioned that grantee shall well and truly observe,
less the city, its officers, agents and employees fulfill, and perform each term and condition of
from all damages, judgments, claims, expenses, this franchise and that in case of any material or
costs including interest,court costs and attorneys' substantial breach, for which cure is not begun
Lisre fees, arising out of or connected with the instal-
lation, presence and/or operation of grantee's ca- and cure is not completed within a reasonable
ble system authorized herein, not resulting from time after written notice as determined in good
Supp.No.7 CDA:7
3
§7 CAPE CANAVERAL CODE
faith by the city, the city shall be entitled to b. The Grantee shall provide an office within
recover from the principal and sureties thereof the Cape Canaveral/Cocoa Beach area which shall
the amount of all damages,including all costs and be open during usual business hours. Upon re-
attorney's fees incurred by the city, proximately ceipt of a service request involving an outage or
resulting from the failure of grantee to well and other reception problem during normal working
faithfully observe and perform any and all of the hours and operating conditions, the grantee will
provisions of this franchise. make every effort to correct the service request
within four hours or by contacting the requesting
e. The certificate of insurance policy, with the subscriber and indicating why it cannot be cor-
city named as an additional insured, and proof of rected within the time period and when the re-
bond obtained by grantee in compliance with this quest for service will be remedied. The grantee
section have herewith been filed with the city win make every effort to respond to service re-
council, and such proof of insurance and bond, quests involving an outage or severe reception
along with written evidence of payment of re- problem received during other than normal busi-
quired premiums, shall be filed annually and ness hours by correcting the service request within
maintained with the city clerk during the term of 12 hours or by contacting the subscriber within
this franchise. the same period to indicate why it cannot be
corrected in that time period and when the situ-
f. Failure of the grantee to provide the insur- ation will be remedied.
ance coverage and bond as above set forth and to
keep said insurance coverage and bond in effect at c. In the event service to any subscriber is
all times during the duration of this franchise interrupted for four hours or more through the
shall constitute a material breach of the franchise fault of the grantee, the grantee shall provide at
and this franchise shall be subject to a termina- the request of such subscriber, a rebate or credit
tion upon receipt of written notice from the city to equal to one day of charges for an outage of at \J
the grantee should the grantee fail to cure such least four hours within a 24-hour period. In cal-
defect within ten business days from the said culating the rebate or credit, the time of outage
receipt of written notice. shall be calculated from the time the outage is
(Ord. No. 38-94, § 7, 11-1-94) reported to the grantee.
d. The grantee shall maintain records of the
Section 8. System upgrade.
time of complaint, nature of complaint, and any
Within six months of the effective date of this corrective action taken. These records shall be
ordinance [November 1, 1994], the grantee shall made available to the city manager,or a designee,
upon request.A summary of complaints shall be
submit to the city its schedule to perform an
upgrade of its cable system in the city.The grantee's prepared by the grantee and submitted to the city
plan shall provide a schedule which shall include, manager, or a designee, quarterly. The city man-
as a minimum, a 550 MHz cable system. ager may establish by rule a format for the
(Ord. No. 38-94, § 8, 11-1-94) quarterly summary. The grantee shall not be
required to disclose any information which, by
virtue of federal or state law,grantee is prohibited
Section 9. Customer service standards. from disclosing to the city.
a. Grantee shall adhere to the customer ser- e. Responsibility for the mediation of an unre-
vice rules of the Federal Communications Com- solved complaint against the grantee regarding
mission and any additional customer service stan- the quality of service, equipment malfunctions,
dards within this franchise agreement. In the and similar matters, is hereby delegated to the
event the Federal Communications Commission city manager.
shall alter or amend its consumer service rules,
this franchise agreement shall be deemed amended f. The grantee shall comply with Section 551 of
to include the altered or amended rules. the Act regarding protection of subscriber privacy.
Supp.No. 7 CDA:8
CIIIIII0e APPENDIX A—FRANCHISES § 13
g. Unless a written contract exists between will not interfere with any installations of the city
the grantee and the subscriber, cable television or of a public utility serving the city, and as
service shall be provided on a month-to-month approved in advance by the city,but the ultimate
basis. The subscriber may terminate service at liability therefor shall be solely the grantee's.
any time without penalty.
c. All structures and all lines, equipment, and
h. The grantee shall provide written notice connections in, over, under, and upon the streets
prior to discontinuance of service because of non- of the city, wherever situated or located, shall at
payment. When the grantee has improperly dis- all times be kept and maintained in a safe,
continued service, it shall provide free reconnec- suitable, substantial condition, and in good order
tion. and repair.
i. All personnel, agents and representatives of
the grantee,including its installation subcontrac- d. Grantee shall have sufficient employees to
tors, who have occasion to deal directly with provide safe, adequate, and prompt service at all
subscribers in the field, shall carry photo identi- times for its cable system.
fication badges, to be displayed upon request, (Ord. No. 38-94, § 12, 11-1-94)
when acting on behalf of the grantee.
(Ord. No. 38-94, § 9, 11-1-94) Section 13. Conditions of street occupancy.
Section 10. Emergency use of facilities by a. In case of disturbance of any street, side-
city. walk, alley,public way or paved area,the grantee
In the case of any emergency or disaster, the shall,at its own cost and expense and in a manner
Lgrantee shall provide emergency override equip- approved by the city, replace and restore such
went which shall be shared and coordinated with street, sidewalk, alley, public way, or paved area
the other governmental entities within Brevard in as good a condition as before the work involving
County served by the same emergency override such disturbance and such work shall be accom-
equipment. plished within 48 hours of such disturbance or
(Ord. No. 38-94, § 10, 11-1-94) such expanded time as is agreed upon between
the city and the grantee in written form in ad-
Section 11. Other business activities. vance of such disturbance.
This franchise authorizes only the operation of b. If, at any time during the period of this
a cable system as provided for herein, and does franchise, the city shall lawfully elect to alter or
not take the place of any other franchise, license, change the grade of any street, sidewalk, alley,or
or permit which might be required by law of other public way, the grantee, upon reasonable
grantee. notice by the city,shall remove,relay,and relocate
(Ord. No. 38-94, § 12, 11-1-94) its poles, wires, cables, underground conduits,
manholes, and other fixtures at its own expense.
Section 12. Safety requirements.
a. Grantee shall at all times employ due care, c. Before any poles or other fixtures are placed
and shall install and maintain in use commonly in any public way by the grantee, they shall be
approved by the city and placed in such manner
accepted methods, procedures, and devices for
preventing failures and accidents which are likely as not to interfere with the usual traffic on such
to cause damage, injuries, or nuisances to the public way.In the event that there is any disagree-
ment between the city and the grantee regarding
public. placement of poles or the fixtures,the city council
b. Grantee shall install and maintain its wires, shall consider such issue and render a decision
Le cables, fixtures, and other equipment in accor- relative to poles or fixtures in public rights-of-
dance with the requirements of the National way. The decision of the city council shall be final
Electrical Code, and in such manner that they and binding upon the grantee.
Supp.No.7 CDA:9
§ 13 CAPE CANAVERAL CODE
d. The grantee shall have the authority to trim offering reasonable discounts to senior citizens or
trees upon and overhanging streets, alleys, side- other economically disadvantaged groups in ac-
walk, easements, and public ways and places of cordance with the Act.
the city as to prevent the branches of such trees (Ord. No. 38-94, § 14, 11-1-94)
from coming in contact with the wires and cables
of the grantee. The right granted herein shall not Section 15. Removal of facilities upon re-
give the grantee the right to damage specimen quest.
trees and shall allow only such trimming of trees
that are in or overhang public rights-of-way to a Upon termination of service to any subscriber,
degree as is absolutely necessary for safety pur- the grantee shall promptly, in not more than
poses. In the event of any dispute between abut- seven business days, remove all its external facil-
ting property owners and the grantee, the city ities and equipment from the premises of such
shall determine the amount of tree trimming to be subscriber upon his request, without cost to the
allowed. subscriber.
(Ord. No. 38-94, § 15, 11-1-94)
e. In all sections of the city where the cables,
wires,or other like facilities of public utilities are Section 16. Restrictions on assignment,
required to be placed underground, or are placed transfer, sale and subleasing.
underground by the utility on whole pole the
grantee's lines were formerly suspended, the a. The rights and privileges hereby granted
grantee shall place its cables,wires, or other like are considered personal, and if grantee sells,
facilities underground to the maximum extent assigns,transfers,leases or pledges such rights or
that existing technology reasonably permits the privileges, or both, in whole or in part, either
grantee to do so. directly or by operation of law, without prior
(Ord. No. 38-94, § 13, 11-1-94) approval of the city, then the city shall have the j
right to terminate this franchise for no other
Section 14. Preferential or discriminatory cause. City shall terminate this franchise in writ-
practices prohibited. ing, certified mail, return receipt requested, to
All services rendered and all rules and regula- grantee, and such termination shall be effective
60 days from said date of mailing. No such prior
tions adopted by grantee shall have general ap-
plication to all persons and shall not subject any consent or approval of the city shall be required
person to prejudice or disadvantage on account of for any transfer or assignment to a person con-
trolling,controlled by,
race, gender, religion, origin or ethnicity. The or under the same common
grantee shall not deny cable television service to control as the grantee. The rights and privileges
hereby granted shall not be mortgaged or encum-
any group of potential residential subscribers
within the city because of the income of the bered without the prior consent and approval of
residents of the area in which such group pre- the city given by resolution.
sides. The grantee shall not charge subscribers b. In addition to the provisions for termination
different rates for basic cable television service for provided for in subparagraph a. hereof, the city
the same class or type of service. This section shall have the right to terminate this franchise
shall not be construed to prohibit separate rates upon any actual or pending change in,or transfer
for residents of multiple unit dwellings where the of, or acquisition by any other party of, control of
rates are governed by a contract or bulk rate grantee without prior approval of the city. A
agreement between the grantee and the owners change in, transfer of, or acquisition of control
or operators of non-residential properties,such as includes an acquisition of more than 50 percent of
hotels and motels, as long as such separate rates the capital interests of grantee by a person or a
are not subsidized by other classes of subscribers. group of related persons who before the acquisi-
However, this section is not intended to restrict tion owned less than 50 percent,or any change in
normal, competitive or periodic promotional or actual working control in whatever manner exer-
marketing efforts or to restrict the grantee from cised. Grantee shall annually submit to the city a
Supp.No. 7 CDA:10
Loe, APPENDIX A—FRANCHISES §20
list of all general partners and limited partners of b. At the expiration of the term for which this
grantee and a list of all shareholders and a list of franchise is granted, or upon its termination and
all officers and directors of the general partner. cancellation,as provided for herein,the city shall
By its acceptance of this franchise, grantee spe- have the right to require grantee to remove,at its
cifically agrees that any violation of section 16 own expense and with dispatch, all portions of its
shall constitute a material violation of this fran- system from the city streets.
chise by the grantee and city shall have the right c. The city hereby reserves the right at and
to terminate this franchise. after the expiration of this franchise, and grantee
c. The city will not approve any transfer or hereby grants the city the right,to purchase all or
assignment of the franchise provided for herein any part of the property of grantee's cable system
unless adequate financial assurance is made to operated within the city's municipal boundary
and approved by the city council. hereunder, at fair market value as a going con-
(Ord. No. 38-94, § 16, 11-1-94) cern, but with no value allocated to the franchise
itself. If fair market value cannot be agreed to by
the city and grantee such value shall be deter-
Section 17. Term of franchise. mined by arbitration in accordance with the laws
of the State of Florida.
The term of the grant herein contained shall
commence on the effective date of this ordinance d. If the city elects to purchase said property
and end on November 1, 2004. pursuant to the provisions hereof, it shall give
(Ord. No. 38-94, § 17, 11-1-94) written notice of its election to the grantee within
60 days prior to the expiration of the term hereof.
Le Section 18. Rates to be charged by grantee. Upon the exercise of this option by the city, and
receipt of payment as determined in accordance
To the extent allowed by law, the city reserves with applicable statutes, the grantee shall imme-
all rights to implement and impose regulation of diately execute such deeds or instruments of
conveyance to city as shall be required to convey
subscriber rates and charges.Any such rate reg- the city the title of the property.
ulation may be accomplished by separate ordi-
nance,by amendment to this ordinance,or in any e. Nothing herein shall be deemed a waiver of,
other lawful manner. Grantee shall be provided limitation of,or in any way affect grantee's rights
30 days written notice prior to the effective date of under applicable law, including without limita-
any regulation of subscriber rates and charges. tion, its rights regarding renewal of its franchise
Grantee shall provide subscribers and the city 30 and/or its rights to review of the outcome of any
days advance written notice for any rate increase arbitration pursuant to subsection c. in a court of
(if rates are not then regulated by the city). competent jurisdiction.
(Ord. No. 38-94, § 18, 11-1-94) (Ord. No. 38-94, § 19, 11-1-94)
Section 19. City rights in franchise. Section 20. Maps and additional reports to
be filed by grantee.
a. The right is hereby reserved to the city to a. Grantee shall make available to the city,
adopt, in addition to the provisions contained upon request, accurate maps or plats of all exist-
herein and in existing applicable ordinances,such ing installations, promptly as such maps or plats
additional regulations as it shall find necessary in are prepared, which shall be accomplished no
the exercise of the police power; provided that later than 60 days after such request.
such regulations,by ordinance or otherwise,shall
be reasonable and not in conflict with the rights b. Grantee shall file annually with the city
Lare` herein granted, except that the rights granted clerk, not later than 90 days after the end of
herein shall not limit the inherent legislative grantee's fiscal year or when published, a copy of
powers of the city its report to its stockholders.
Supp.No.7 CDA:11
§20 CAPE CANAVERAL CODE
‘01.010)
c. Grantee shall keep on file with the city clerk shall incur a late fee of ten percent of such
a current list of its owners, stockholders, and amount and shall bear interest in the amount
bondholders;provided,however,that this require- applicable to judgments in circuit court.
ment shall be inapplicable if grantee's stock is (Ord. No. 38-94, § 21, 11-1-94)
listed on a national exchange.
(Ord. No. 38-94, § 20, 11-1-94) Section 22. Forfeiture of franchise.
a. In addition to all other rights and powers
Section 21. Payment to the city. pertaining to the city by virtue of this franchise or
otherwise,the city reserves the right as defined in
a. During the life of this franchise,the grantee federal or state legislation to terminate and can-
shall pay to the city a sum equal to three percent cel this franchise and all rights and privileges of
of the gross receipts of the grantee from income grantee hereunder in the event that grantee:
derived from subscribers of the city excluding bad
debts, taxes, and fees collected by the grantee on 1 Violates any material or substantial pro-
behalf of any governmental entity.Payment to the vision of this franchise or any rule, order,
city for each of the years that this ordinance is in or determination of the city made pursu-
effect shall be made quarterly on or before the last ant to this franchise, and fails to begin
day of the month immediately following the end of cure within five days of notice from the
each calendar quarter, based upon the records of city and to complete cure within areason-
the grantee for the preceding quarter.On March 1 able time after notice, as determined by
of each year, grantee will provide to the city a the city;
certified copy of its receipts for the previous 2. Becomes insolvent,unable or unwilling to
calendar year. pay its debts, or is adjudged as bankrupt;
3. Attempts to dispose of any of the facilities
b. The grantee agrees that upon written re- or property of its cable business to pre-
quest from the city, shall enter into negotiations vent the city from purchasing same; or
regarding the terms of an adjustment to the
franchise fee in accordance with applicable law. 4. Evades any of the provisions of this fran-
chise or practices any fraud or deceit upon
c. The city shall, during reasonable business the city
hours, have the right to review the records of the b. Such termination and cancellation shall be
grantee by city employees or agents of the city to by ordinance duly adopted after 30 days notice to
determine the accuracy of the payments then grantee, and shall in no way affect any of the
being made to the city. The city may audit the city's rights under this franchise or any provision
records of the grantee for the prior 36-month of law. Before this franchise may be terminated
period beginning with the close of the most recent and canceled under this section,grantee must be
fiscal year by a certified public accountant se- provided with an opportunity to be heard before
lected by the city(other than on a contingent fee the city council.
basis). The cost of such audit shall be at the
expense of the city unless an additional amount c. The city shall notify the grantee in writing
due the city of four percent or greater is revealed of the exact nature of the alleged violation consti-
by such audit in which case the cost of the audit, tuting a ground for termination and given the
together with such additional amount due shall grantee 30 days or such greater amount of time as
be paid to the city not later than 60 days following the city may specify,to correct such violation or to
written notice to the grantee. The grantee may present facts and arguments to refute the alleged
review the results of the audit and confer with the violation.lithe city then concludes that there is a
city to resolve any audit findings.Any payment of basis for termination, it shall notify the grantee
any fee or other sum due under the terms of this thereof. If within the designated time the grantee
ordinance which is not made on a timely basis does not remedy and/or put an end to the alleged
Supp.No. 7 CDA:12
‘11110,"' APPENDIX A—FRANCHISES §28
violation,the city,after a public hearing where all channel carriage or any other regulatory author-
interested parties may be heard, may suspend or ity to be exercised by the city, then and in that
revoke the franchise if it determines that such event this franchise shall allow such additional or
action is warranted.The grantee shall not be held other regulation to be undertaken by the city at
in default nor suffer any penalties where non- such time that it is legally permissible to do so.
compliance or default is caused by an event be- The city shall be entitled to pass an ordinance
yond the grantee's control.The grantee shall have supplementing this franchise ordinance imple-
the right to review by a court of competent juris- menting the rights then granted by law as above
diction upon any determination by the city of set forth. The city will notify the grantee 30 days
noncompliance. prior by certified mail of a proposed ordinance.
(Ord. No. 38-94, § 22, 11-1-94) (Ord. No. 38-94, § 25, 11-1-94)
Section 23. City's rights of intervention. Section 26. Basic service.
The grantee agrees not to oppose intervention
by the city if any suit or proceeding to which the Except as prohibited by law,the basic service to
grantee is a party,concerning or involving grantee be provided to the subscribers within the city
and the city's rights under this franchise. shall be not less than the basic service as is
(Ord. No. 38-94, § 23, 11-1-94) supplied to the other customers served by the
same system.
Section 24. Erection,removal,and common (Ord. No. 38-94, § 26, 11-1-94)
user job poles.
L.' a. No poles or other wire holding structures Section 27. Quality of service.
shall be erected by the grantee without prior The grantee expressly undertakes and agrees
approval of the city with regard to location,height,
type,and any other pertinent aspect.However,no that it will at all times during the term hereof
location of any pole or wire holding structures of transmit signals of strength and quality, and use
the grantee shall be a vested interest and such such materials and components, as are necessary
to insure that grantee's subscribers will receive
poles or structures shall be removed or modified
by the grantee at its own expense whenever the throughout the term hereof a quality of cable
service in keeping with the prevailing highest
city determines that the public convenience so
standards of the cable industry.
requires.
(Ord. No. 38-94, § 27, 11-1-94)
b. Where poles or other wire holding struc-
tures already existing for use in serving the city Section 28. Public service.
are available for use by the grantee, but it does
not make arrangements for such use,the city may a. Grantee shall, when requested by the city,
require the grantee to use such poles and strut- provide a basic single cable service outlet,without
tures if it determines that the public convenience installation or monthly service charge,within the
so requires and the terms of the use available to city limits,and when its lines have been extended
the grantee are just and reasonable. to within 125 feet of the following facilities: All
(Ord. No. 38-94, § 24, 11-1-94) public,accredited educational K-12 private,and
accredited educational K-12 parochial schools,
Section 25. Re-regulation. all public libraries,city-owned recreational build-
Grantee agrees that in the event that the ings, City Hall, sheriffs precinct in the city, city
Congress of the United States, Federal Commu- fire stations, and if economically feasible the
nications Commission, or any other appropriate public works buildings owned by the city and used
‘Ilire" governmental agency, or by ruling of case law or by the city for municipal purposes. The subject
otherwise allows additional regulatory authority installations will not include the distribution sys-
regarding rates and fees, programming, basic tems within the facilities.
Supp.No.7 CDA:13
§28 CAPE CANAVERAL CODE
"4.a)
b. Upon completion of the system upgrade ATTEST:
contemplated in section 8, the grantee, at the
city's option,shall designate a channel for govern- /s/ Faith G. Miller
mental use (hereafter referred to as government City Clerk
access channel), or provide up to 12 hours of air Approved as to Form:
time for governmental use per week. If required,
the government access channel will be provided, Is! Patrick F. Healy
as technically possible, to the subscribers within City Attorney
the franchised area as part of the basic cable Accepted:
service offered by the grantee. Utilization of this
channel by the city shall be in accordance with all FLORIDA DIVISION
applicable federal, state and local laws and is in OF TIME WARNER
addition to grantee's obligation under the Act to CABLE, A DIVISION
carry qualified noncommercial educational televi- OF TIME WARNER
sion stations. The grantee is specifically not re- ENTERTAINMENT
quired to provide a government access channel COMPANY, L.P.
unless so requested by the city. Any segment of
the government access channel established for /s/ William H. Brown
the city shall be under sole control of the city.Any President
city programming must meet technical standards
of grantee.
c. If technically feasible, the grantee, at the ARTICLE II. ELECTRIC*
city's option,may lease a channel within the cable AN ORDINANCE GRANTING TO FLORIDA
system for the transmission of voice, data, video POWER & LIGHT COMPANY, ITS SUCCES-
telemetry or other services between city facilities SORS AND ASSIGNS AN ELECTRIC FRAN-
served by the grantee. It will be the city's respon- CHISE,IMPOSING PROVISIONS AND CONDI-
sibility to provide all equipment necessary to TIONS RELATING THERETO,PROVIDING FOR
provide bandwidth management and signal prep- MONTHLY PAYMENTS TO THE CITY OF CAPE
aration, transmission and reception. The grantee CANAVERAL, AND PROVIDING FOR AN EF-
reserves the right to set technical standards and FECTIVE DATE.
specifications for this equipment consistent with BE IT ORDAINED BY THE CITY COUNCIL OF
maintaining adequate signal quality and protec-
tion of all signals in the system from interference. THE CITY OF CAPE CANAVERAL:
(Ord. No. 38-94, § 28, 11-1-94)
Section 1. [Grant.]
Section 29. Severability.
There is hereby granted to Florida Power &
If any section, subsection, sentence, clause, Light Company (herein called the "grantee"), its
phrase, or portion of this ordinance is for any successors and assigns, the nonexclusive right,
reason held to be unconstitutional or invalid by
any court of competent jurisdiction, such portion *Editor's note—Printed herein is the electric franchise,
shall be deemed a separate,distinct,and indepen- a adopted by Ordinance Number 25 81 on December 15,
dent provision and such holding shall not affect 1981. Amendments to the franchise are indicated by paren-
thetical history notes following amended provisions. The ab-
the validity of the remaining portions hereof. sence of a history note indicates that the provision remains
(Ord. No. 38-94, § 29, 11-1-94) unchanged from the original franchise. Obvious misspellings
and punctuation errors have been corrected without notation.
Adopted by the City Council of the City of Cape
For stylistic purposes,a uniform system of headings, roes,
Canaveral, Brevard County, Florida, this 1st day capitalization, citation to state statutes, and expression of
of November, 1994. numbers in text has been used to conform to the Code of
/s/ Joy C. Salamone Ordinances.Additions made for clarity are indicated by brack-
ets.
Mayor Cross reference—Public service tax, § 70-26 et seq.
Supp.No. 7 CDA:14
.
LieAPPENDIX A—FRANCHISES §7
privilege or franchise to construct, maintain and ment on the part of the grantee to indemnify the
operate in, under, upon, over and across the grantor and hold it harmless against any and all
present and future streets, alleys, bridges, ease- liability,loss, cost, damage or expense which may
ments and other public places in the City of Cape accrue to the grantor by reason of the negligence,
Canaveral, Florida (herein called the "grantor") default or misconduct of the grantee in the con-
and its successors,in accordance with established struction, operation or maintenance of its facili-
practice with respect to electrical construction ties hereunder.
and maintenance,for the period of 30 years from
the date of acceptance hereof, electric light and Section 5. [Rates, rules and regulations.]
power facilities (including conduits, poles, wires All rates and rules and regulations established
and transmission lines, and, for its own use, by the grantee from time to time shall at all times
telephone and telegraph lines)for the purpose of be reasonable and the grantee's rates for electric-
supplying electricity to the grantor and its succes- ity shall at all times be subject to such regulation
sors, and inhabitants thereof, and persons and as may be provided by law.
corporations beyond the limits thereof.
Section 2. [Acceptance by grantee.] Section 6. [Amount of payments by grantee
to grantor.]
As a condition precedent to the taking effect of No later than 60 days after the first this grant, the grantee shall have filed its anniver-
tanceaccep-
hereof with the grantor's clerk within 30 sary date of this grant, and no later than 60 days
after each succeeding anniversary date of this
days hereof.Loo""
grant, the grantee, its successors and assigns,
Section 3. [Location of facilities.] shall have paid to the grantor and its successors
an amount which added to the amount of all taxes
The facilities of the grantee shall be so located as assessed,levied, or imposed(without regard to
or relocated and so erected as to interfere as little any discount for early payment or any interest or
as possible with traffic over said streets, alleys, penalty for late payment), licenses, and other
bridges and public places, and with reasonable impositions levied or imposed by the grantor upon
egress from and ingress to abutting property.The the grantee's electric property, business, or oper-
location or relocation of all facilities shall be made ations, and those of the grantee's electric subsid-
under the supervision and with the approval of iaries for the preceding tax year, will equal six
such representatives as the governing body of the percent of the grantee's revenues from the sale of
grantor may designate for the purpose,but not so electrical energy to residential, commercial and
as to unreasonably interfere with the proper industrial customers within the corporate limits
operation of the grantee's facilities and service. of the grantor for the 12 fiscal months preceding
When any portion of a street is excavated by the the applicable anniversary date.
grantee in the location or relocation of any of its
facilities, the portion of the street so excavated Section 7. [Monthly payments.]
shall, within a reasonable time and as early as
Payment of the amount to be paid to the
practicable after such excavation, be replaced by
the grantee at its expense and in a condition as grantor by the grantee under the terms of section
good as it was at the time of such excavation. 6 hereof shall be made in advance by estimated
monthly installments commencing 90 days after
Section 4. [Liability.] the effective date of this grant. Each estimated
monthly installment shall be calculated on the
Grantor shall in no way be liable or responsible basis of 90 percent of the grantee's revenues (as
for any accident or damage that may occur in the defined in section 6)for the monthly billing period
L construction, operation or maintenance by the ending 60 days prior to each scheduled monthly
grantee of its facilities hereunder, and the accep- payment. The final installment for each fiscal
tante of this ordinance shall be deemed an agree- year of this grant shall be adjusted to reflect any
Supp.No.7 CDA:15
§7 CAPE CANAVERAL CODE
underpayment or overpayment resulting from es- forfeiture shall result with the right in the grantor
timated monthly installments made for said fiscal at its discretion to grant such additional time to
year. the grantee for compliance as necessities in the
case require.
Section 8. [Competition by grantor.]
As a further consideration of this franchise,the Section 10. [Validity.]
grantor agrees not to engage in the business of
distributing and selling electricity during the life Should any section or provision of this ordi-
nance or any portion hereof be declared by a court
of this franchise or any extension thereof in
competition with the grantee, its successors and of competent jurisdiction to be invalid, such deci-
assigns. sion shall not affect the validity of the remainder
as a whole or as to any part, other than the part
Section 9. [Forfeiture.] declared to be invalid.
Failure on the part of the grantee to comply in Section 11. [Repeal of conflicting ordinanc-
any substantial respect with any of the provisions es.]
of this ordinance shall be grounds for forfeiture of
this grant,but no such forfeiture shall take effect All ordinances and parts of ordinances in con-
if the reasonableness or propriety thereof is pro- flict herewith be and the same are hereby re-
tested by the grantee until a court of competent pealed. The previous franchise agreement with
jurisdiction (with right of appeal in either party) Florida Power&Light now referred to as chapter
shall have found that the grantee has failed to 419 of the City Code of the City of Cape Canaveral,
comply in a substantial respect with any of the Florida,is hereby repealed and is replaced by this
soar)
provisions of this franchise, and the grantee shall franchise agreement which shall be known as
have six months after the final determination of chapter 419 of the City Code of the City of Cape
the question to make good the default before a Canaveral, Florida.
Section 12. [Effective date.]
This ordinance shall take effect on the date upon which the grantee files its acceptance.
PASSED first reading this 3 day of December, 1981.
PASSED second and final reading this 15 day of December, 1981.
/s/
MAYOR
Attest: YES NO
CALVERT X Approved as to form:
HARRIS X
MURPHY X /s/
NICHOLAS X City Attorney
RUTHERFORD X
/s/
City Clerk
Supp.No. 7 CDA:16
r
LIIPP.' APPENDIX A—FRANCHISES §III
ARTICLE III. GAS FRANCHISE of any of the foregoing recitals to be true and
AGREEMENT* correct shall not operate to invalidate this agree-
ment.
AN ORDINANCE OF THE CITY OF CAPE (Ord. No. 1-97, § 1, 2-18-97)
CANAVERAL, FLORIDA RELATING TO THE
PROVISION OF NATURAL GAS SERVICES BY Sec. II. Short title.
CITY GAS COMPANY OF FLORIDA WITHIN
THE MUNICIPAL BOUNDARIES OF THE CITY; 2.1 This agreement shall be known and may be
PROVIDING A SHORT TITLE;STATING A PUR- cited as "Cape Canaveral Natural Gas Fran-
POSE AND SEVERAL GOALS; PROVIDING A chise".
MARKETING STRATEGY; PROVIDING DEFI- (Ord. No. 1-97, § 1, 2-18-97)
NITIONS;GRANTING A FRANCHISE;PROVID-
ING A TERM AND EFFECTIVE DATE; SET- Sec. III. Purpose and goals.
TING FORTH TERMS FOR FRANCHISE
OPERATION AND TRANSFER OF OWNER-
3.1. Purpose. The city finds that the develop-
SHIP OR CONTROL; PROVIDING FOR FRAN- ment of a natural gas distribution system has the
CHISE FORFEITURE OR REVOCATION; RE- potential of having great benefit and impact upon
QUIRING LIABILITY INSURANCE AND the people of the city. The city further finds that
INDEMNIFICATION TO THE CITY; REQUIR- the public convenience, safety and general wel-
ING A PERFORMANCE BOND; PROVIDING fare can best be served by exercising regulatory
FOR DESIGN AND CONSTRUCTION PROW- powers which are vested in the city or such
SIONS;PERMITTING CITY REVIEW OF BOOKS persons as the city shall designate.It is the intent
RECORDS OF FRANCHISEE; PROHIBIT of this agreement and subsequent amendments
LAND
ING PREFERENTIAL OR DISCRIMINATORY thereto to provide for and specify the means to
PRACTICES;SETTING FORTH SERVICE STAN- attain the best possible public interest and public
DARDS FOR SEVERABILITY;PROVIDING FOR purpose in the distribution of natural gas within
REPEAL OF PRIOR INCONSISTENT ORDI- the boundaries of the city, and this finding shall
NANCES AND RESOLUTIONS; PROVIDING be an integral part of this agreement.
FOR INCORPORATION INTO THE CODE;AND Further,the city recognizes that natural gas
PROVIDING FOR AN EFFECTIVE DATE. has,as a fuel source,the capability of providing
abundant clean-burning and efficient energy to
Sec. I. Recitals. the city's residents and commercial businesses.
3.2. Goals. For these purposes, the following
1.1. Recitals incorporated. Each and all of the goals underlie the regulations and provisions con-
foregoing recitals are hereby incorporated herein tained herein:
and acknowledged to be true and correct. Failure
(a) Natural gas should be made avail-
*Editor's note—Ord.No. 1-97,§1,adopted February 18, able to all city residents and commer-
1997,set out provisions for a new article III to read as herein cial businesses in accordance with
set out. Formerly, said article pertained to similar matters. Company of
Amendments to the franchise are indicated by parenthetical Natural Gas the City Gas Tariff Original FloridaFloVolume
history notes following amended provisions.The absence of a
history note indicates that the provision remains unchanged No. 4 as filed with the Public service
from the original franchise.Obvious misspellings and punctu- commission and any amendments,
ation errors have been corrected without notation.For stylis- modifications, or revisions thereto.
tic purpose,a uniform system of headings,catchlines,capital-
ization,citation to state statutes,and expression of numbers (b) The natural gas distribution system
in text has been used to conform to the Code of Ordinances. should be capable of accommodating
Additions made for clarity are indicated by brackets.See the both the current and reasonably fore-
Code Com%reparative Table.
Cross references—Public service tax,§70-26 et seq.;g as seeable future energy needs of the
code, §82-171 et seq. city.
Supp.No.7 CDA:17
§III CAPE CANAVERAL CODE
(c) The natural gas distribution system 4.5 "Gross annual revenue" means all receipts
should be improved and upgraded,if derived by the company directly from the trans-
necessary,during the franchise term port and sale of natural gas in the franchise area.
so that the new facilities necessary 4.6 "Natural gas" means natural gas in a
for the operation of this system shall
be integrated to the maximum ex- gaseous state.
tent possible with existing facilities. 4.7"Natural gas distribution system"shall mean
Marketing strategy. Within six months of the transmission pipelines or any related equip-
3.3.the effective date in paragraph 6.1 herein [Febru- ment, facility, or building necessary or desirable
ary 18, 1997], the company shall to the transportation or delivery of natural gas,or
p y prepare, and its treatment or storage during the course of
provide to the city, a marketing program for
expanding natural gas service to residential and transportation or delivery, under the control of
the company,
commercial customers within the franchise area. for the transmission,distribution or
Thereafter, the company shall prepare and pro- sale of natural gas pursuant to this agreement,or
vide to the cit Y anew or updatedany part thereof.
marketing
program every seven years. The company shall 4.8 "Public right-of-way" means the surface,
implement the marketing program as diligently the air space above the surface, and the area
as is economically feasible. below the surface of any public street, sidewalk,
(Ord. No. 1-97, § 1, 2-18-97) bridge,waterway, utility easement, or other pub-
lic property, which shall entitle the city and the
Sec. IV. Definitions. company to the use thereof for the purpose of
For the purpose of this agreement, the follow- installing and maintaining the company's natural
ing terms and words shall have the meanin gas distribution system. No reference herein, or
g in any franchise,to the"public right-of-way"shall ,.....)
ascribed to them, unless the context clearly indi- be deemed to be a representation or guarantee by
cates otherwise: the city that its title to any property is sufficient
4.1 "Agreement" or "franchise"shall mean this to permit its use for such purpose, and the com-
franchise agreement, as amended from time to pany shall,by its use of such terms,be deemed to
time,which shall constitute authorization,volun- gain only such rights to use property in the city as
tarily entered into by the company and granted by the city may have the undisputed right and power
the city,for the purpose of providing the company to give.
authorization to construct or operate a natural 4.9 "Transfer" means the disposal by the com-
gas distribution system in the franchise area.Any pany, directly or indirectly, by gift, assignment,
such authorization, in whatever form granted, voluntary sale, merger, consolidation or other-
shall not mean or include any license or permit wise, of 20 percent or more at one time of the
required for the privilege of transacting and car- ownershipor controlling
rying on a business within the city as required by interest to the company,
or 35 percent cumulatively over the term of the
any city ordinance or resolution. franchise of such interests to a corporation, part-
4.2 "City"means the City of Cape Canaveral, a nership,limited partnership,trust or association,
Florida Municipal Corporation,its successors and or person or group of persons acting in concert or
assigns. a change in control.Transfer shall not include any
transfer or assignment to a person controlling,
4.3 "Company"means NUI Corporation,a New controlled by, or under the same common control
Jersey corporation, d/b/a City Gas Company of as the company.
Florida, its successors and assigns. (Ord. No. 1-97, § 1, 2-18-97)
4.4 "Franchise areas"means all of the territory
within the incorporated city, and such additional Sec. V. Grant of franchise.
territory as may be from time to time annexed 5.1. Grant of franchise. The company is hereby
into the city. granted a natural gas franchise, subject to the " ,
Supp.No. 7 CDA:18
(411100e APPENDIX A—FRANCHISES §VII
terms and conditions of this agreement.Pursuant City Code provisions now in effect and hereafter
to this franchise, the company may construct, made effective. Nothing in the franchise shall be
operate, and maintain a natural gas distribution deemed to waive the requirements of the various
system in, under, over, along, across or upon the codes of the city regarding permits, taxes, and
public rights-of-way within the city for the pur- fees to be paid.
pose of transmission, distribution and sale of (Ord. No. 1-97, § 1, 2-18-97)
natural gas for commercial, industrial, and resi-
dential use. Sec. VI. Effective date of franchise; term.
In exercising rights pursuant hereto, the com- 6.1. Effective date. The effective date of this
pany shall not endanger or interfere with the franchise shall be February 18, 1997.
lives of persons, interfere with any structures,
buildings, or facilities of the city, any public 6.2. Term. The term of this franchise shall be
utility,or any other person permitted to use the for a period of 30 years from the effective date
public rights-of-way, nor unnecessarily hinder unless sooner terminated as provided for in this
or obstruct the free use of the public rights-of- agreement.The franchise shall terminate on Feb-
way.The grant of this franchise does not estab- ruary 18, 2027.
lish priority for use over other present or future (Ord. No. 1-97, § 1, 2-18-97)
permit, license, or utility franchise holders or
the city's own use of the public rights-of-way. Sec. VII. Franchise operation.
All rights granted for the construction, recon- 7.1. Use of public rights-of-way. For the pur-
struction, maintenance, and operation of the pose of operating and maintaining a natural gas
Lnatural gas distribution system shall be sub- distribution system in the franchise area, the
,, sub-
ject to the continuing right of the city to ap- company may erect, install, construct, repair,
prove such reconstruction or relocation of the replace,reconstruct and retain in,on,over,under,
natural gas distribution system in the public upon, across and along the public streets and
rights-of-way as shall, at the discretion of the ways within the franchise area such pipes,appur-
city,be in the public interest. tenances, or related attachments or equipment
and other property and equipment as are neces-
5.2. Franchise not exclusive. The grant of this sary to the operation of the natural gas distribu-
franchise shall be non-exclusive and shall not tion system;provided,however,that the company
affect the right of the city to grant to itself or any complies with all design,construction,safety,and
other person the right to:Build,operate,or own a performance provisions contained in this agree-
natural gas distribution system;occupy or use the ment, applicable local ordinances, and state and
public rights-of-way for the construction, recon- federal law.
struction, maintenance, and operation of a natu-
ral gas distribution system or for any purpose 7.2. Right of condemnation reserved. Nothing
whatsoever. No privilege or power of eminent herein shall limit any right the city may have to
domain is bestowed on the company by the grant acquire by eminent domain or otherwise any
of this franchise, but this franchise shall not be property of the company; provided, however, that
construed to limit the company's power of emi- any such acquisition shall be for a price that
nent domain under state law. values the company's property as allowed by law.
5.3. Event of conflict. In the event of conflict 7.3. City's right to perform public works. Noth-
between the terms and conditions of the City ing in this agreement shall be in hindrance to the
Code and this agreement, this agreement shall right of the city or any governmental authority to
control. In all events, the company shall comply perform or carry on, directly or indirectly, any
with all laws,ordinances and regulations enacted public works or public improvements of any de-
by the city pursuant to its lawful police and scription. Should the natural gas distribution
Lregulatory powers as authorized by law. This system in any way interfere with the construc-
franchise is hereby made subject to the general tion, maintenance or repair of such public works
Supp.No.7 CDA:19
§VII CAPE CANAVERAL CODE
or public improvements,the company shall,at its which may include but not be limited to financial
own cost and expense, protect or relocate its guarantees to the natural gas distribution sys-
natural gas distribution system, or part thereof, tern.
as reasonably directed by the city officials or any
governmental authority. 8.2. Transfer threshold. The company shall
promptly notify the city of any actual or proposed
7.4. Emergency response. The company shall change in, or transfer of, or acquisition by any
respond promptly in the case of fire, emergency, other party of, control of the company.
or disaster in the city. The company shall be 8.3. City approval. Every change, transfer, or
responsible to take all prudent actions necessary acquisition of control of the company shall make
to mitigate any hazardous impact its natural gas the franchise subject to cancellation unless and
distribution system could contribute to any fire, until the city shall have consented thereto in
emergency, or disaster at its own expense. writing. For the purpose of determining whether
7.5.Removal or abandonment. If the company it may consent to such change,transfer, or acqui-
elects to remove any portion of the natural gas sition of control, the city may inquire into the
distribution system,the company shall restore,in legal, financial, character, technical, and other
accordance with the directions and specifications public interest qualifications of the prospective
of all affected departments and agencies of the transferee or controlling party, or the terms and
city and all applicable law, any property,public or conditions of the proposed change, transfer, or
private, to its original condition prior to the acquisition of control, and the company shall
removal of the natural gas distribution system. assist the city in obtaining all required informa-
tion.Failure to provide all reasonable information
7.6. Time is of the essence. Whenever this requested by the city as part of said inquiry shall
agreement shall set forth any time for any act to be grounds for denial of the proposed change,
be performed by or on behalf of the company,such transfer or acquisition of control.
time shall be deemed to be of the essence,and any
failure of the company to perform within the time 8.4. Signatory requirement. Any approval by
allotted shall be sufficient ground for the city to the city of transfer of ownership shall be contin-
invoke any applicable provision of the City Code gent upon the prospective assignee becoming a
or this agreement. signatory to the franchise.
7.7. No waiver of rights. No course of dealing (Ord. No. 1-97, § 1, 2-18-97)
between the company and the city nor any delay Sec. IX. Franchise fees.
on the part of the city in exercising any rights
9.1.[Franchise fee required.]The company shall
hereunder shall operate as a waiver of any such
rights of the city or acquiescence in the actions of pay the city a franchise fee of six percent of the
the company in contravention of the city's rights, gross annual revenues excluding bad debts,taxes
and fees collected by the company on behalf of any
except to the extent expressly waived by the city
in writing or expressly provided for in the fran- governmental agency.
chise. 9.2.Franchise fees in addition to other taxes or
(Ord. No. 01-97, § 1, 2-18-97) payments. Payment of the franchise fee made by
the company to the city shall not be considered in
Sec. VIII. Transfer of ownership or control. the nature of a tax,but shall be in addition to any
8.1. Transfer of franchise. This franchise shall and all taxes of general applicability which are
not be sold, transferred, leased, assigned or dis- now or may be required hereafter to be paid by
posed of,including but not limited to,by forced or any federal, state, or local law.
voluntary sale, merger, consolidation, receiver- 9.3.Acceptance by the city. Subject to applicable
ship or other means without the prior written law, no acceptance of any payment by the city
consent of the city, and then only under such shall be construed as a release or as an accord and
reasonable conditions as the city may establish satisfaction of any claim that the city may have
Supp.No.7 CDA:20
(111111111110e
APPENDIX A—FRANCHISES §X
for further or additional sums payable as a fran- revocation, or expiration of the franchise granted
chise fee under this agreement or for the perfor- herein, it shall continue to pay to the city the
mance of any other obligation of the company. franchise fee in the manner set forth in this
9.4. Failure to make required payment. In the agreement. This section shall not be construed to
event that any franchise fee or recomputed amount authorize the operation of the natural gas distri-
is not made on or before the dates specified bution system beyond the termination, revoca-
herein,the company shall pay as additional com- tion, or expiration of this franchise.
pensation an interest charge,computed from such 9.8.Alternative fee contingencies. In the event
due date, at an annualized rate equal to the that the company's obligation to pay a franchise
commercial prime interest rate of the city's pri- fee is held invalid by a decision of any court of
mary depository bank during the period that such competent jurisdiction or due to the actions of any
unpaid amount is owed. legislative body,the company shall negotiate with
9.5. Periodic payments to be made. The corn- the city in good faith and shall agree, if permissi-
pany shall make fee payments of monies due ble under then applicable law,to provide compen-
hereunder within 30 days of the end of each sation to the city in lieu of the franchise fee. The
calendar quarter for franchise fees collected dur- amount of compensation shall, to the extent per-
ing the preceding quarter. Accompanying said mitted by applicable law, as amended from time
payment, the company shall also provide a writ- to time,be comparable to that which the company
ten report of its gross revenues generated in the would pay as the franchise fee under the terms of
franchise area for the preceding quarter's period. this agreement and shall be passed through to the
natural gas customers in a manner similar to the
Looe 9.6. City right to inspection. The city, at its franchise fee.
discretion, shall have the right to inspect the
company's gross annual revenue records,to audit, 9.9.Other fees and taxes. To the extent that any
and to recompute any fee amounts. Inspections, federal or state law or regulation may now forbid
audits or recomputations may be performed ei- the city from assessing any type of fee or tax,upon
ther by the city or an independent firm selected repeal,modification,or judicial/administrative in-
by the city and qualified for such purposes. No terpretation of said law or rule that would permit
audit of the company's records relating to gross the city to assess said fee or tax, the city shall
annual revenues shall take place later than 36 have the right to assess said fee or tax to the full
months following the close of each of the company's extent authorized by law; provided, that the city
fiscal years.Audits that result in payment of four shall first consult with the company. Upon such
percent or more of franchise fees during the audit occurrence, the parties shall meet and confer
period, shall be at the expense of the company. within 90 days of notice from the city to in good
Any additional amount due to the city as a result faith negotiate franchise provisions to implement
of the audit shall be paid within 30 days of notice the collection of said fee or tax.
by the city, unless the company disputes the (Ord. No. 1-97, § 1, 2-18-97)
results of the audit. The company agrees to meet
with the city and will attempt in good faith to Sec. X. Forfeiture or revocation.
resolve any differences.Thereafter,the additional
amount due shall be subject to payment within 30 10.1. Grounds for revocation. The city reserves
days after said additional amount is determined the right to revoke any franchise granted hereun-
to be due by the company and the city, or the city der,pursuant to the procedure in paragraph 10.4,
declares an impasse in the negotiations with the and rescind all rights and privileges associated
company. with the franchise in the following circumstances,
9.7. Payments due in event of termination or each of which shall represent a default and breach
Le expiration. In the event that the company contin- of this agreement:
ues the operation of any part or all of the natural (a) Company has defaulted in the perfor-
gas distribution system beyond the termination, mance of any of the material obligations
Supp.No.7 CDA:21
§X CAPE CANAVERAL CODE
under this agreement or any provision of A cause or event shall not be deemed to be beyond
the City Code not conflicting with this the company's control if committed by a corpora-
agreement; tion or other business entity in which the com-
b) Company has failed to provide or main- pany holds a controlling interest whether held
tain in full force and effect the liability directly or indirectly, when such fault is due to
company's financial inability to perform or corn-
and indemnification coverage as required
herein; ply, economic hardship, or misfeasance, malfea-
sance or nonfeasance by any of the company's
(c) Company has violated a material provi- directors, officers, employees or contractors or
sion of any orders or rulings of any regu- agents.
latory body having jurisdiction over the 10.3. Effect of pending litigation. Pending liti-
company relative to this agreement and ation or an a al to an re
any regulatory ordinance of the city, and gY appeal Y gulatory body or
the company fails to begin cure within court having jurisdiction over the company shall
five business days of notice from the city not excuse the company from the performance of
and to complete cure within a reasonable its obligations under this agreement, unless spe-
cifically provided for by court order or by the
time after notice, as determined by the
city;
regulatory body having jurisdiction over such
matters. Failure of the company to perform such
(d) Company has committed any act of fraud obligations because of pending litigation or peti-
upon the city or natural gas customers; tion may result in forfeiture or revocation pursu-
e) Company has acted grossly negligently,as ant to the provisions of this section.
defined by general law, in maintaining or 10.4. Procedure prior to revocation. The city
operating the natural gas distribution sys- manager shall notify the company in writing of J
tem provided in this franchise; the exact nature of the alleged violation constitut-
(f) Company has become insolvent,is unable ing a ground for termination and give the com-
or unwilling to pay its debts, or is ad- pany 30 days, or such greater amount of time as
judged bankrupt; the city manager may specify, to correct such
violations or to present facts and arguments to
(g) Company has made a material misrepre- the city manager to refute the alleged violation
sentation of fact in the application for or ("cure period").If by the end of the cure period the
negotiation of the franchise or any exten- company does not remedy the violation or con-
sion or renewal thereof; and vince the city manager there is no violation, the
(h) Company has failed to pay the franchise city manager shall schedule a public meeting of
fee in the manner provided in this agree- the city council for purposes of addressing the
ment. alleged violation. The council meeting shall be
held within 30 days from the expiration of the
10.2. Effect of circumstances beyond control of cure period. The city manager shall promptly
franchisee. The company shall not be declared at provide the company written notice of the council
fault or be subject to any sanction under any meeting. During the council meeting, the city
provision of this agreement in any case, in which manager,company,and all interested parties shall
performance of any such provision is prevented have the right to be heard in person and through
for reasons beyond the company's control.For the counsel, present evidence, and cross examine ad-
purposes of this agreement, causes or events verse witnesses. At the conclusion of the council
beyond the company's control shall include,with- meeting, the council may suspend or revoke the
out limitation, acts of God, floods, earthquakes, franchise, if it determines that there are suffi-
landslides, hurricanes, fires and other natural cient grounds which warrant such action; other-
disasters, acts of public enemies, riots or civil wise, the franchise remains in full force and
disturbances,sabotage,strikes and restraints im- effect. The company shall not be held in default
posed by order of a governmental agency or court. nor suffer any penalties where non-compliance or
Supp.No. 7 CDA:22
LII00° APPENDIX A—FRANCHISES §XI
default is caused by an event beyond the company's 11.5. Named insured. The city shall be an
control, as stated in section 10.2. The company additional named insured for all insurance poli-
shall have the right of review by a court of cies written pursuant to this agreement.
competent jurisdiction upon any determination
by the city council to suspend or revoke this 11.6. Changes in policy limits. To offset the
franchise. effects of inflation and to reflect changing liability
(Ord. No. 1-97, § 1, 2-18-97) limits, all of the coverage, limits, and amounts of
the insurance provided for herein are subject to
Sec. XI. Liability and insurance. reasonable increases at the end of every three-
year period of this agreement, applicable to the
11.1. Certificate of insurance. In no event later next three-year period, at the city's discretion.
than 60 days after the effective date of this
agreement [February 18, 1997] and thereafter 11.7. Commercial general liability insurance.
continuously throughout the duration of this agree- The company shall maintain throughout the term
ment and any extensions or renewals thereof,the of this agreement, general liability insurance in-
company shall furnish to the city, certificates of suring the company in the minimum of:
insurance, approved by the city, for all types of
insurance required under this section. Failure to (a) $2,000,000.00 for property damage single
furnish said certificates of insurance in a timely limit;
manner shall constitute a failure to faithfully (b) $3,000,000.00 single limit liability for per-
comply with this agreement.At the city's request, sonal bodily injury or death to any one
the company shall furnish certificates of insur- person; and
Lie ance which are in effect from time to time.
Such general liability insurance must in-
11.2. No liability limit. Neither the provisions clude coverage for all of the following:
of this article or any damages recovered by the Comprehensive form, premises opera-
city hereunder, shall be construed to limit the tions, explosion and collapse hazard, un-
liability of the company for damages under this derground hazard,products/completed op-
agreement. erations hazard, contractual insurance,
11.3.Endorsement.All insurance policies main- broad form property damage, and per-
tained pursuant to this agreement shall contain sonal injury
an endorsement in substantially the following 11.8.Automobile liability insurance. The com-
form: pany shall maintain throughout the term of this
It is hereby understood and agreed that agreement, automobile liability insurance for
this insurance policy may not be modified owned, non-owned, or rented vehicles in the min-
or canceled by the insurance company nor imum amount of:
the intention not to renew be stated by (a) $2,000,000.00 single limit liability for bodily
the insurance company until 30 days after injury and consequent death per occur-
receipt by the City of Cape Canaveral City rence; and
Manager by certified mail, of a written
notice of such intention to,cancel or not to (b) $1,000,000.00 for property damage per
renew. occurrence.
11.4. State institution. Except for self-insured 11.9.Worker's compensation.The company shall
policies, all insurance policies provided pursuant maintain throughout the term of this agreement,
to this agreement shall be written by companies worker's compensation in the minimum amount
authorized by the Florida Insurance Commis- of the statutory limit for worker's compensation,
Lor, sioner to do business in the State of Florida as an as amended from time to time.
insurance company. (Ord. No. 1-97, § 1, 2-18-97)
Supp.No.7 CDA:23
§XII CAPE CANAVERAL CODE
Sec. XII. Indemnification and hold harm- tion or erection of any pipelines, towers, poles,
less. conduits,fixtures,or other appurtenances thereto,
12.1. Indemnity and hold harmless. The city other than minor or emergency excavation and
shall in no way be liable or responsible for any maintenance, or the upgrade or rebuild of the
accident or damage caused by the company that natural gas distribution system, the company
may occur in the construction,operation,or main- shall first submit to the city for review a concise
tenance by the company of the natural gas distri- description of the facilities proposed to be main-
bution system, and the acceptance of this fran- tained, erected, removed, or installed, including
chise on the part of the company shall be deemed engineering drawings, if required by the city. No
an agreement on the part of the company to fully erection, excavation,or installation of any part of
indemnify, defend and hold harmless the city and the natural gas distribution system, or any other
its officers, boards and council, contractors, and appurtenances thereto, shall be commenced by
city employees against the full amount of any: (i) any person until proper permits have been re-
claims, (ii) liabilities, (iii) actions, (iv) suits, (v) ceived from the city, except in the event of an
proceedings,(vi)payments,(vii)assessments,(viii) emergency.
judgments, (ix)losses, (x)damages, (xi) costs and
(xii) expenses (including interest, penalties and 13.2. City maps. The city does not guarantee
reasonable attorneys' fees and disbursements) the accuracy of any maps showing the horizontal
claimed against the city in connection with the or vertical location of existing substructures or
following: utilities.
(a) To persons or property;in any way arising 13.3.Compliance with construction and techni-
out of or through the acts or omissions of cal standards. The company shall install or erect
the company, its servants, agents or em- any pipelines,towers,poles,conduits,fixtures, or
....)ployees; and other appurtenances thereto, in accordance with
(b) Arising out of the company's failure to commonly accepted good engineering practices
comply with the provisions of any federal, and technical standards.The company shall com-
state,or local laws,ordinances, or regula- ply with all applicable construction and technical
tions applicable to the company in its codes adopted by local, state, and federal law.
business hereunder. 13.4. Quality of construction. Construction, in-
12.2. Condition. The foregoing indemnity is stallation,reconstruction,operation, and mainte-
conditioned upon the city giving the company nance of the natural gas distribution system shall
prompt notice of any claim or the commencement be performed in an orderly and workmanlike
of any action, suit or other proceeding covered by manner, in accordance with then current techno-
the provisions of this section. Nothing herein logical standards. The company shall use its best
shall be deemed to prevent the city from cooper- efforts to install or erect the natural gas distribu-
ating with the company and participating in the tion system parallel with existing other utilities
defense of any litigation by its own counsel at its located in the rights-of-way. Nothing herein shall
own costs and expense. preclude underground installation.
12.3. Bond. Company shall execute and file
with the clerk of the city its bond in the penal sum 13.5. Underground installation.
of$15,000.00, in satisfactory form, guaranteeing (a) All installations of the natural gas trans-
its performance of all obligations under this agree- mission pipelines shall be underground
ment which bond shall be enlarged or reviewed unless otherwise approved by the city in
from time to time as required by the city council. writing. No paved street, alley or other
(Ord. No. 1-97, § 1, 2-18-97) paved right-of-way shall be cut unless
Sec. XIII. Design and construction provi- approved by the city in writing, except in
sions. case of emergency.
13.1. Authorization to commence construction (b) Prior to performing any underground con-
and application procedures. Prior to the installa- struction, the company shall use its best
Supp.No. 7 CDA:24
LeAPPENDIX A—FRANCHISES §XIV
efforts to locate, in advance, any water, claimed water,stormwater drainage,tele-
sewage, gas, electric, cable, drainage, or phone, or other utility facilities located
other utility lines, including compliance within the city.
with chapter 556,Florida Statutes,to the
extent applicable.Where any damages or 13.8. Restoration to prior condition. In case of
alterations occur to said utility lines in any disturbance of pavement, sidewalk, driveway
the public right-of-way as a result of con- or other surfacing, the company shall, at its own
struction,reconstruction,maintenance,or cost and expense, and in a manner approved by
removal of the natural gas distribution the city, replace and restore all paving, sidewalk,
system by the company, its agents or driveway, landscaping, or surface of any street or
independent contractors, the cost of such alley disturbed, in as good a condition as before
repairs including all services and materi- said work was commenced and in a good work-
als will be the responsibility of the com- manlike, timely manner in accordance with stan-
pany dards for such work set by the city or the govern-
mental entity having operational and maintenance
13.6. Construction notice. Except with regard responsibility for the public right-of-way. Unless
to routine maintenance and emergency circum- otherwise approved by the city manager, such
stances, the company shall give appropriate no- restoration shall be undertaken within ten busi-
tice to the city and residents within a reasonable ness days after the damage is incurred and shall
period of time of proposed construction, recon- be completed as soon as possible thereafter.
struction, excavation, laying or stringing of the
natural gas distribution system under streets or 13.9. Private property. The company shall
Lue on poles,but in no event shall such notice be given promptly repair or replace all private property,
less than five business days before such commence- both real and personal, damaged or destroyed as
ment. a result of the construction, installation, operat-
ing or maintenance of the natural gas distribution
13.7.Interference with persons,public and pri- system at its sole cost and expense.
nate property, and utilities. The company's natu-
ral gas distribution system and all appurtenances 13.10. Progress reports. For work involving
shall be located, erected and maintained so that public right-of-way excavation for other than in
such system shall: the event of an emergency, prior to commencing
construction, the company shall provide the city
(a) Not endanger or interfere with the health, with a schedule for completion of said work and
safety or lives of persons; keep the city informed of the construction progress
(b) Not interfere with any improvements which as reasonably necessary
the city, county or state may deem proper (Ord. No. 1-97, § 1, 2-18-97)
to make;
(c) Not interfere with the free and proper use Sec. XIV. Books and records available to city.
of public rights-of-way, alleys, bridges,
easements or other public property, ex- 14.1. Records. With advance written request,
cept to the minimum extent possible dur- the city shall have the right to inspect at any time
ing actual construction or repair; during normal business hours, all books, records,
maps,revenue statements,service complaint logs,
(d) Not interfere with the rights and reason- performance test results and other like materials
able convenience of private property own- of the company which relate to the operation and
ers, except to the minimum extent possi- enforcement of the franchise within the city. Ac-
ble during actual construction or repairs; cess to the aforementioned records shall not be
and denied by the company on the basis that said
Cire (e) Not obstruct,hinder or interfere with any records contain "proprietary"information, unless
gas,cable,electric,water,wastewater,re- applicable law exempts said records.
Supp.No.7 CDA:25
§XIV CAPE CANAVERAL CODE
14.2. Review. The company shall permit, dur- Sec. XVI. Service standards.
ing the company's normal business hours, any 16.1. Operation. The company shall maintain
duly authorized representative of the city to ex-
amine, at the city's discretion, any and all maps and operate its natural gas distribution system
and other records kept or maintained by the and render efficient service in accordance with
the rules and regulations as are, or may be, set
company or under its control concerning the op-
erations, affairs, transactions or property of the forth by the city council of the City of Cape
company relative to the natural gas distribution Canaveral as provided in this franchise and by
system operations in the city. The examination the public service commission.
shall take place at the company's place of busi- 16.2. Planned downtime. The company shall
ness. provide reasonable notice to all customers who
will be affected by an interruption of service for
14.3.Reports to be filed. The following financial the purpose of repairs to, and installation of, the
reports for the franchise area shall be submitted natural gas distribution system to customers.
to the city: (Ord. No. 1-97, § 1, 2-18-97)
(a) An annual report prepared by the com-
pany or the parent company of the com- Sec. XVII. Miscellaneous provisions.
pany shall be provided annually at the 17.1.No joint venture. Nothing herein shall be
time said report is published. deemed to create a joint venture or principal-
(b) A quarterly financial report showing the agent relationship between the parties, and nei-
company's quarterly gross revenues and ther party is authorized to,nor shall either party
quarterly franchise fees collected in the act toward third persons or the public in any
franchise area,pursuant to paragraph 9.5 manner which would indicate any such relation-
herein. ship with the other.
14.4. Other records. The city may impose rea- 17.2.Entire agreement. This agreement and all
sonable requests for additional information,records City Code provisions regulating the distribution,
and documents from time to time, and the com- transmission, or sale of natural gas are incorpo-
pany shall produce said records within ten busi- rated herein by reference, represent the entire
ness days, so long as such request relates to the understanding and agreement between the par-
city's enforcement abilities under this agreement ties hereto with respect to the subject matter
or the city's ordinances or resolutions. hereof, and supersede all prior oral negotiations
(Ord. No. 1-97, § 1, 2-18-97) between the parties. This agreement may be
amended, supplemented, modified, or changed
only by adoption of an ordinance by the city and
Sec. XV. Preferential or discriminatory prac-
tices prohibited. execution of an instrument agreeing to said amend-
ment, supplementation, modification, or change
All services rendered and all rules and regula- in the terms hereof by the company.
tions adopted by the company shall have general 17.3. Provisions cumulative. The rights and
application to all persons and shall not subject remedies reserved to the city by this agreement
any person to prejudice or disadvantage on ac- are cumulative and shall be in addition to and not
count of race,gender,religion,origin,or ethnicity in derogation of any other rights or remedies
The company shall not deny natural gas service to which the city may have with respect to the
any group of potential residential customers within subject matter of this agreement subject to appli-
the city because of the income of the residents of cable law, and a waiver thereof at any time shall
the area in which such group resides. The com- have no effect on the enforcement of such rights or
pany shall not charge customers different rates
for natural gas service for the same class or type remedies at a future time.
of service. 17.4. Notices. All notices from the company to
(Ord. No. 1-97, § 1, 2-18-97) the city pursuant to this agreement shall be sent
Supp.No. 7 CDA:26
APPENDIX A—FRANCHISES §XVII
to: City Manager, City of Cape Canaveral, Flor- venue shall lie within Brevard County, Florida,
ida, 105 Polk Avenue, Cape Canaveral, Florida and for the purpose of federal court action,venue
32920.All notices to the company shall be sent to: shall lie within Orlando, Florida.
Michael A. Palecki, NUI Corporation, Southern THE COMPANY HEREBY WAIVES RIGHT
Division, 955 East 25th Street, Hialeah, Florida, TO TRIAL BY JURY IN ANY ACTION
33013, and to Randall Harris, NUI Company, BROUGHT ON THIS AGREEMENT OR ON
4180 South U.S. Highway 1, Rockledge, Florida, ANY MATTER ARISING IN CONNECTION
32955. The names and address in this section WITH THIS AGREEMENT.
may be unilaterally amended by either party at
anytime by giving written notice to the other 17.10. Attorney's fees. In the event of any
ply, litigation or arbitration arising out of this agree-
ment, the prevailing party shall be entitled to an
17.5. Captions. Captions to sections through award of its reasonable attorney's fees and court
this agreement are solely to facilitate the reading costs incurred in such action.
and reference to the sections and provisions of the
agreement. Such captions shall not affect the 17.11. Franchise costs. The company agrees to
meaning or interpretation of the agreement. pay the public advertising costs incurred by the
city in granting this franchise or any renewal or
17.6. Severability. If any section, subsection, assignment thereof.
sentence, clause, phrase, or portion of this agree- 17.12. Renegotiation clause. In the event of a
ment is, for any reason, held invalid or unconsti- material change in federal or state law(s) or
tutional by any court of competent jurisdiction, public service commission rule(s) or in the event
Lool such portion shall be deemed a separate,distinct, the company enters into a franchise or other
and independent provision. Such holding shall agreement with Brevard County or any other city
not affect the validity of the remaining portions of within Brevard County which provides the county
this agreement. or other city more favorable franchise fees than
17.7.City's rights of intervention. The company provided to the City under this franchise,the city
agrees not to oppose intervention by the city if and the company mutually agree to renegotiate
any suit or proceeding to which the company is a those particular terms of this franchise affected
party, concerning or involving the company and by changes in said law(s)rule(s), or franchises or
the city's rights under this agreement. agreements. This franchise shall remain in full
force and effect until any negotiated amendments
17.8. Headings; entire agreement; governing have been duly approved by both the city and the
law. The headings contained in this agreement company,however, if the company fails to negoti-
ate said amendments in good faith and in a timely
are for reference purposes only and shall not
affect in any way the meaning and interpretation manner,the city shall have the right to terminate
of this agreement.This agreement constitutes the this franchise pursuant to paragraph 10.4 herein.
entire agreement and supersedes all prior agree- (Ord. No. 1 97, § 1, 2-18-97)
ments and understandings,both written and oral, IN WITNESS WHEREOF, the parties hereto
among the parties with respect to the subject have caused this Agreement to be executed as of
matter hereof. This agreement shall be governed the day and year first above written.
in all respects, including validity, interpretation
and effect, by the laws of the State of Florida.
17.9.Jurisdiction and venue.The parties hereto
agree that the state or federal courts located in
the State of Florida shall have the exclusive
Larol jurisdiction over the parties and the subject mat-
ter of any litigation between the parties arising
hereunder. For purpose of state court action,
Supp.No.7 CDA:27
§XVII CAPE CANAVERAL CODE
CITY:
CITY OF CAPE CANAVERAL,
WITNESSES: FLORIDA
/s/ Susan Stills By: /s/ John K. Porter
/s/ Greg Mullins
COMPANY:
WITNESSES: NATIONAL UTILITY INVESTORS
/s/ By: /s/
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this 18th day of February, 1997,by JOHN K.
PORTER,Mayor of the CITY OF CAPE CANAVERAL,FLORIDA,a Florida Municipal Corporation,
on behalf of the aforesaid municipal corporation,who is/is not personally known to me, or has produced
as identification.
/s/ Sandra H. Sims
NOTARY PUBLIC
ARTICLE IV. TELEPHONE* BE IT ORDAINED BY THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
THAT:
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD, COUNTY, FLORIDA,
AMENDING ARTICLE IV, TELEPHONE, OF Section 1. Definitions.
APPENDIX A, FRANCHISES, BY GRANTING
TO BELLSOUTH TELECOMMUNICATIONS, For the purposes of this ordinance, the follow-
INC., ITS SUCCESSORS AND ASSIGNS, PER- ing terms, phrases, words and their derivations
MISSION AND THE RIGHT TO USE THE PUB- shall have the meaning given herein. When not
LIC ROADS, STREETS, HIGHWAYS, AND inconsistent with the context, words used in the
RIGHTS OF WAY OF THE CITY TO OPERATE present tense include the future, words in the
AND MAINTAIN A TELECOMMUNICATIONS plural number include the singular number, and
SYSTEM IN THE CITY;SETTING FORTH CON- words in the singular number include the plural
DITIONS AND OBLIGATIONS ACCOMPANY- number. The word "shall" is always mandatory
ING THE GRANT OF SUCH PERMISSION;PRO- and not merely directory.
VIDING FOR SEVERABILITY;AND PROVIDING (1) City is the City of Cape Canaveral, Flor-
FOR AN EFFECTIVE DATE. ida.
(2) Company is BellSouth Telecommunica-
tions, Inc., its successors and assigns.
*Editor's note—Ordinance No. 24-95, §§ 1-11, adopted (3) Council is the city council of the City of
September 19,1995,amended the code by repealing article IV Cape Canaveral, Florida.
and adding a new article W. Formerly, such article granted
franchise to Southern Bell Telephone and Telegraph Company (4) Person is any person, firm, partnership,
and derived from an ordinance adopted on August 3, 1965. association,corporation,company or orga-
Cross reference—Public service tax, §70-26 et seq. nization of any kind.
Supp.No.7 CDA:28
Lisioe
APPENDIX A—FRANCHISES §5
Section 2. Grant of permission. comply with any ordinance regulating the use of
There is hereby granted by the city to the the streets or rights of way of the city. The
company the right and privilege to construct, acceptance by the company of this ordinance shall
erect, use, operate and maintain, in upon, along, be an agreement by it to pay the city any sums of
across, above, over and under the roads, streets, money for which the city may become liable by
highways and other public rights-of-way of the reason of such injury or damage.
city now or hereafter laid out or dedicated, such (Ord. No. 4-96, § 1, 5-21-96)
poles, wires, cables, underground conduits, man- Section 5. Conditions on street occupancy.
holes and other telecommunication fixtures as
may be necessary or proper for the maintenance (1) Use. All poles, wires, cables, underground
and operation of a telecommunications system conduits, manholes and other telecommunica-
and lines connected therewith. In the event the tions fixtures erected by the company in, upon,
city shall hereafter extend its boundaries beyond along, across, above, over and under the roads,
its boundaries as now fixed and established by streets,highways and public rights-of-way within
law, the company shall be subject to all terms, the city shall be so located as to cause minimum
conditions and limitations of the grant within interference with the use of the roads, streets,
such area, as fully and to the same extent as if highways and rights-of-way by the traveling pub-
such annexed territory had constituted a part of lic and to cause minimum interference with the
such city upon the date hereof. rights or reasonable convenience of property own-
The permission and right to use and occupy the ers who adjoin any of the roads,streets,highways
roads, streets,highways and public rights-of-way and public rights-of-way.
(111111W for the purposes herein set forth shall not be (2) Restoration. In case of any disturbance by
exclusive, and the city reserves the right to grant the company of pavement, sidewalk, driveway or
a similar use of such streets, alleys, public ways other surfacing,the company shall,at its own cost
and places, to any person at any time during the and expense,replace and restore all paving, side-
period of the permission granted herein. walk, driveway or surface of any street or alley
disturbed, in substantially as good condition as
Section 3. Compliance with applicable law before such work was commenced.However,should
and ordinances. the company fail to do so after 30 days' advance
The company shall, at all times during the notice in writing to the company by the city
term provided herein, be subject to all lawful manager, the city may repair and replace such
exercise of the police power by the city, and to portions of the sidewalk or street or other public
such reasonable regulation as the city shall here-
place that may have been disturbed by the corn-
after by resolution or ordinance provide;provided, pany,and the cost of the same shall be paid by the
however, that such regulation shall not be incon- company.
sistent with the rights granted herein. (3) Relocation. In the event that at any time
during the term of the rights granted herein the
Section 4. Company liability; indemnifica- city shall lawfully elect to alter or change the
tion. grade of any road, street,highway or other public
The company shall indemnify the city against, right-of-way,the company upon reasonable notice
hold the city and its officers, agents and employ- by the city, shall make any necessary removals,
ees harmless from, and assume all liabilities for relaying and relocations of its poles,wires,cables,
damages,judgments, and claims, including costs underground conduits, manholes and other tele-
and reasonable attorney's fees, which may arise communications fixtures at its own expense.
or accrue to the city for injury to persons or (4) Temporary removal of facilities for building
Low` property from the doing of any work herein au-
thorized,
u- moving. The company shall,on the request of any
ed,or which may arise in any way from the
person holding a building moving permit issued
neglect of the company or any of its employees to by the city, temporarily raise or lower its cables,
Supp.No.7 CDA:29
§5 CAPE CANAVERAL CODE
wires and other fixtures to permit the moving of be based on the receipts for the fiscal year ending
buildings. The expense of such temporary re- August 31, 1995, shall be made on or before
moval, raising or lowering of wires shall be paid February 28, 1996, and shall be for the permis-
by the person requesting, and the company shall sion year October 3, 1995 through October 2,
have the authority to require such payment in 1996. Subsequent payment shall be made on or
advance. The company shall be given not less before February 28 of each year for which the
than 48 hours advance notice of arrangement for permission is herein granted.
such temporary changes.
(5) Tree trimming. The company shall have the Section 8. Inspection of records.
authority to trim trees upon and overhanging
streets, alleys,sidewalks and public places of the If the city wishes to verify payments to the city
city so as to prevent the branches of such trees under this ordinance, the company shall permit
from coming in contact with the wires, cables and the city or a designated representative of the city,
the fixtures of the company or otherwise interfer- upon reasonable advance written notice, to re-
ing with the company's access or use of its facili- view the company's billing and payment records
ties.All trimming shall be done under the super- upon which the payments were based, during
vision and direction of and at the expense of the normal business hours at the location of the
company. company where such records are maintained.
However, no company records may be duplicated
Section 6. Transfer of rights granted herein. or taken from the company's premises, and the
If the rights granted herein are transferred or city shall maintain the confidentiality of the in-
assigned by the company to any third party formation disclosed in these records and use the
incident to a sale or other transfer of the company's information solely for the purposes of verifying
system or plant, the transferee or assignee shall payments by the company. Such company records
be obligated to comply with all of the terms and maintained by the company for the period pre-
conditions of this ordinance. scribed by the Federal Communications Commis-
sion and/or the Florida Public Service Commis-
Section 7. Fees paid by company. sion.
In consideration for the permission,rights and Section 9. Terms of rights granted.
privileges herein granted, the company shall pay
to the city annually a sum equal to one percent of The permission and rights herein granted shall
the gross receipts of the company on recurring take effect and be in force from and after October
local service revenues for services provided within 3, 1995, and upon filing of acceptance by the
corporate limits of the city by the company, pro- company with the city clerk, shall continue in
vided that there shall be credited against such force and effect for a term of 15 years after the
sum being paid to the city the amount of all taxes, effective date of this franchise.If such acceptance
licenses, fees and other impositions (except ad is not filed within 90 days of the date of adoption
valorem taxes and amounts for assessments for of this ordinance [September 19, 1995], the pro-
special benefits,such as sidewalks,street pavings visions of this ordinance shall be null and void.
and similar improvements and occupational li-
cense taxes) levied or imposed by the city upon
the company and paid during the preceding fiscal Section 10. Limitations on obligations of city.
year as defined herein. Payment shall be made to
the city for each of the years that this ordinance is The city shall not,as a result of this ordinance,
in effect and shall be based on the receipts of the be compelled to maintain any of its property or
company for the preceding fiscal year. For the public rights of way any longer than, or in any
purpose of this payment, such fiscal year shall fashion other than,its own business or needs may
end on August 31. This first such payment shall require.
Supp.No. 7 CDA:30
APPENDIX A—FRANCHISES § 11
Section 11. Severability.
If any section, paragraph, phrase or word of
this ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remain-
ing portions hereof, and it shall be construed to
have been a legislative intent to pass this ordi-
nance without such unconstitutional or invalid
part.
ADOPTED BY the City Council of the City of
Cape Canaveral,Florida,this 19th day of Septem-
ber, 1995.
/s/ John K. Porter
Mayor
ATTEST:
/s/ Sandra O. Sims
City Clerk
APPROVED AS TO FORM:
/s/ Kohn Bennett
Lpe, City Attorney
ARTICLE V. WATER*
*Editor's note—The water franchise has been handled by
‘1111100/ an interlocal agreement between the City of Cape Canaveral,
Florida,and the City of Cocoa, Florida.A copy of said agree-
ment is on file in the city clerk's office.
Supp.No.7 CDA:31
3
J
3
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
(2) Residential:
A. Single-family: Detached residential dwelling unit,
other than a mobile home, designated for and occu-
pied by one family
Sewer customer charge per bill: 1.05
Sewer readiness to serve charge per ERU: 9.51
Sewer usage cost per 1,000 gallons of water consump-
tion. 3.12
(Charge per 1,000 gallons of water consumption is
capped at 4,000 gallons per month.)
B. Multi-family: Residential dwelling unit, designed for
and occupied by more than one family.
Sewer customer charge per bill: 1.05
Sewer readiness to serve charge per ERU: 9.51
Sewer usage cost per 1,000 gallons of water consump-
L tion: 3.12
No sewer cap will be afforded to multi-family units
C. Public buildings: Any building held, used or con-
trolled exclusively for public purposes by any depart-
ment or branch of government, state, county or mu-
nicipal, without reference to the ownership of the
building or of the realty upon which it is situated.
Sewer customer charge per bill: 1.05
Sewer readiness to serve charge per ERU: 9.51
Sewer usage cost per 1,000 gallons of water consump-
tion: 3.12
No sewer cap will be afforded to multi-family units
(3) Commercial(Nonresidential)
A. Inside city limits 410% of
water bill
B. Outside city limits 512% of
water bill
(c) Sewer service reinstatement fee after service has been cut off:
(1) Generally 60.00 78-153
Lare (2) Removing plug on sewer line when owner has own water
supply 25.00 78-154
Supp.No.7 CDB:11
CAPE CANAVERAL CODE
"gm)
Code
Description Amount Section
(d) Deposit for sewer service when owner has private water supply: 78-154
(1) Residential 11.25
(2) Commercial and industrial, maximum 100.00
Article IV Reclaimed water
(a) Single family, townhouse, duplex and triplex unit, per unit50.00 78-177
(b) Multifamily-apartment complexes, condominium developments
and mobile home parks 78-177
(1) For each required backflow device 200.00
(2) For each existing backflow device installed by the property
owner 100.00
(c) Commercial and industrial 78-177
(1) For each required backflow device 200.00
(2) For each existing backflow device installed by the property
owner 100.00
Chapter 80.Vehicles for Hire
Article III. Driver's Permit 80-55
(a) Public vehicle driver's permits:
(1) For each permit used 8.00
(2) For each renewal of permit 7.00
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations 82-2
(a) Building permit and miscellaneous fees. On all buildings, struc-
tures or alterations requiring a building permit, a fee set forth
below shall be paid at the time the permit is issued:
(1) Permit fees by total valuation:
a. $500.00 or less:
1. No inspection required No fee
2. Inspection required, for each inspection 30.00
b. $500.00 to and including$1,000.00 45.00
c. $1,001.00 to and including $2,000.00 60.00
d. $2,001.00 to and including$20,000.00:
1. For the first $2,000.00 60.00
Supp.No. 7 CDB:12
‘11,0' APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
2. For each additional$1,000.00 or fraction thereof,
to and including$20,000.00 5.00
e. $20,001.00 to $100,000.00:
1. For the first $20,000.00 150.00
2. For each additional$1,000.00 or fraction thereof,
to and including $100,000.00 5.00
f. $100,001.00 to $500,000.00
1. For the first $100,000.00 550.00
2. For each additional$1,000.00 or fraction thereof,
to and including $500,000.00 4.00
g. $500,001.00 and up
1. For the first $500,000.00 2,150.00
2. For each additional $1,000.00 or fraction there-
of 3.00
Lase, Total valuation for assessment of permit fees for new
commercial and residential construction shall be based on
the latest valuation data published by the Southern Build-
ing Code Congress.
When construction valuation is required to determine the
permit fee, such valuation shall be based upon the actual
construction contract price, with satisfactory evidence of
same being submitted to the building official,or a construc-
tion cost estimate made by the building official, except as
otherwise provided in this section.
(2) Miscellaneous:
a. Well, deep or shallow 30.00
b. Moving of building 150.00
c. Demolition of building; calculated on actual contract
cost using subsection (a) above; minimum fee 60.00
d. Roofing and re-roofing:
1. $0.00 to $1,000.00 60.00
2. Over $1,000.00 calculated on actual contract
cost using subsection (a) above.
e. Certificate of occupancy 30.00
Lare (b) Plumbing.In addition to any fee or fees charged in subsection(a)
above:
Supp.No. 7 CDB:13
CAPE CANAVERAL CODE
Code
Description Amount Section
(1) New construction:
a. Single-family, per bath or portion thereof 60.00
b. Duplex, triplex and multi-family, per bath or portion
thereof 60.00
c. Hotel/motel, per unit 60.00
(2) Remodeling,alterations,additions,repairs,minimum plumb-
ing permit 30.00
Refer to subsection(a)on valuations in excess of$1,000.00
(3) Sewer tap inspection fee 30.00
(c) Electrical.In addition to any fee or fees charged in subsection(a)
above:
(1) New construction:
a. Single-family 100.00
b. Multi-family 75.00
c. Hotel/motel, per unit 60.00
(2) Remodeling,alterations,additions,repairs,minimum elec-
trical permit 30.00
Refer to subsection(a)on valuations in excess of$1,000.00
(d) Mechanical. In addition to any fee or fees charged in subsection
(a) above:
(1) New construction:
a. Single-family, per system or portion thereof 75.00
b. Duplex, triplex and multi-family per system or por-
tion thereof 75.00
c. Hotel/motel, per unit 50.00
(2) Remodeling, replacement and repairs:
With construction cost less than $1,000.00
minimum mechanical permit fee 30.00
Refer to subsection (a) above for all other mechanical
installations with valuations in excess of$1,000.00.
(e) Plan checking fee:
3
Supp.No. 7 CDB:14
Lase, APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
(1) When the valuation of the proposed construction exceeds
$1,000.00 and a plan is required to be submitted, a plan
checking fee shall be paid at the time the permit is issued.
The plan checking fee shall be equal to one-half the
building permit fee. Such plan checking fee shall be in
addition to the building permit fee.
(2) When a dispute exists in the review of the plans and
specifications for construction, the applicant may request
by a third party,i.e.,the Southern Building Code Congress
International, Inc. plan review service, a structural engi-
neer or the city engineer.In that event,to resolve a dispute
between the city and the applicant,the actual costs of such
review shall be paid by the applicant, in addition to the
plan checking fee, whether a building permit is issued or
not. A deposit of estimated cost for review fees shall be
required upon receipt of the application for a third party
review.
L0' (3) Preliminary review of construction plans shall be charged
per hour or portion thereof at 25.00
(4) Review on construction plan revisions shall be charged per
hour or portion thereof at 25.00
(f) Reinspection fees. When extra inspection trips are necessary
due to partial inspections wrong address,second call on rejected
or condemned work, additional work done after inspection has
been made, or work not ready for inspection when called, a
charge of$25.00 shall be paid in advance for each additional
inspection or at the discretion of the building official on large
projects prior to issuance of a Certificate of Occupancy of
Completion.
(g) Work started prior to issuance of permit—Double Permit Fee
(ref. SBC 104.7.2)
Chapter 86. Concurrency Management System
(a) Concurrency evaluation review fee: 86-5
(1) Multi-family project, per building 100.00
(2) Commercial project, per building 100.00
(3) Single-family home 100.00
(4) Improvements of insignificant impact(as defined by Ordi-
nance No. 3-90) 20.00
Lire (b) Reservation of priority of an applicant over subsequent applica-
tions is by prepayment of concurrency review fees 86-7
Supp.No. 7 CDB:15
CAPE CANAVERAL CODE
Code
Description Amount Section
Chapter 90. Floods
Article IV. Stormwater Management
(a) Permit fee 90-131
(b) Inspection fee 90-195
Chapter 94. Signs
(a) Permit fee shall be calculated on actual contract cost using
subsection(a)of Chapter 82 of Appendix B with a minimum fee
of: 30.00
(b) Reinspection fee 25.00 94-35
(d) For commencing work without a permit, all fees shall be double
(e) Political sign deposit (refundable) 40.00 94-78
(f) Temporary signs and banners 25.00
Chapter 98. Subdivisions
(a) Variance application fee 250.00 98-4
(b) Plat fee schedule. The fee schedule for review of replat/
subdivision of land shall be: 98-53
(1) One, two or three lots 37.50
(2) Four or more lots 50.00
Plus $7.50 per lot, not to exceed $500.00
(c) Resubmission. Changes to approved replat/subdivision of land
shall be charged at a rate equal to 50 percent of the original fee.
Chapter 102.Vegetation
Article II. Tree Protection
(a) Removal of tree in lieu of replacement, per inch of dbh 50.00 102-41
Chapter 110.Zoning
(a) Application for rezoning 250.00 110-92
(b) Application for proposed amendment to chapter 250.00 110-92
(c) Application for a special exception or variance 250.00 110-92
(d) Application for appeal of administrative decision 250.00 110-92
(e) Site plans: 110-223
(1) Fee schedule.The fee schedule for site plan review shall be:
a. One, two and three residential units 37.50
Supp.No. 7 CDB:16
APPENDIX B-SCHEDULE OF FEES
Code
Description Amount Section
b. Four or more residential units 50.00
Plus $7.50 per unit, not to exceed $500.00
c. Commercial structures, per acre of land or portion
thereof 150.00
d. Extension of site plan 150.00
(2) Resubmission. Changes to originally approved site plans
shall be charged at a rate equal to 50 percent of the original
fee.
(f) Fence height exemption filing fee 35.00 110-470
(Res. No. 90-22, § 1, 4-18-90; Res. No. 90-35, § 1, 6-19-90; Res. No. 92-12, § 1, 3-17-92; Res. No. 92-18, §
1,4-21-92;Res.No. 92-19, § 1,4-21-92;Res.No.92-56, § 1, 10-20-92;Res.No. 93-08, § 1,5-4-93;Ord.No.
31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23, § 1,
5-3-94; Res. No. 94-94; § 1, 7-19-94; Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95; Res. No.
95-22, § 1, 6-29-95;Res. No. 95-23, § 1, 6-29-95;Res.No.95-25, § 1, 7-18-95; Res. No. 96-26, § 1, 5-21-96;
Res. No. 96-32, § 1, 6-18-96; Res. No. 96-62, § 1, 12-17-97; Ord. No. 97-15, § 1, 5-20-97; Ord. No. 97-18,
§ 1, 6-17-97; Ord. No. 97-36, § 1, 10-7-97; Res. No. 28-98, § 1, 9-15-98)
Liroe'
L
Supp.No.7 CDB:17
J
J
J
L, CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
App.B,Ch. 110
1(683.37) 80-57
1(683.39) 80-77
1(683.41) 80-77
1(683.43) 80-78
1(683.45-683.57) 80-76
1(683.59) 80-79
1(683.61) 80-80
1(683.63) 80-81
1(683.65) 80-82
1(683.71) 80-85
1(683.73) 80-86
1(683.75) 80-87
1(683.77) 80-88
1(683.79) 80-5
1(685.67) 80-83
1(685.69) 80-84
46-93 1- 4-94 1,2 10-86
47-93 1- 4-94 1 74-1
48-93 1- 4-94 1 2-181
49-93 1- 4-94 1 110-26
50-93 1- 4-94 1 22-28
51-93 1- 4-94 1 46-26
L 52-93 1- 4-94 1 58-27
53-93 1- 4-94 1 54-26
1-94 2- 1-94 1 74-58
2 74-57
3 74-62
2-94 2- 1-94 110-223
3-94 2- 1-94 1 110-87
5-94 2- 1-94 1 110-33
6-94 2- 1-94 1 90-61
8-94 2- 1-94 1 10-62
9-94 2- 1-94 1 6-52
10-94 3- 1-94 1(733.01) 6-26(a)
12-94 4- 5-94 1(626.01) 38-28
2(626.03) 38-29
13-94 4- 5-94 1(611.03) Rpld 82-32(6)
15-94 5- 3-94 Adopt. on!.,p.ix
94-23 5- 3-94(Res.) 1 App.B,Ch. 78
18-94 6- 7-94 1 Added 38-2
19-94 6-21-94 1 Added 38-90,38-91,
38-93
94-24 7-19-94(Res.) 1,2 App.B,Ch. 62
20-94 9-20-94 1 110-551(b),(c)
2 110-553
3 110-554(a)
21-94 7-19-94 1 Added 38-3
22-94 9- 6-94 1 Added 38-4
2 Added 38-5
3 Added 38-6
4 Added 38-7
23-94 7-19-94 1 Rpld 2-246-2-288
Added 2-256-2-259
L1109' 24-94 7-19-94 1 Added 78-151(c),(d),(e)
25-94 7-28-94 1 Rpld 70-66-70-88
Supp.No.7 CCT:13
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
Added 70-66-70-89
28-94 7-19-94 1 110-567(aX6)
2 34-122
3 102-36
4 102-39(dX1)a.,b.
5 102-41(bX1),(d)(1)
31-94 8- 2-94 1 58-56
35-94 9-20-94 1 78-152(a)
36-94 9-20-94 1 Added 16-60, 16-61,
16-63-16-68
38-94 11- 1-94 1-28 App.A,Art. I
1-95 2-21-95 1 Rpld 2-28
3-95 2-21-95 1 Added 82-32(3.1)
4-95 2-21-95 1 70-29(a)
5-95 2-21-95 1 38-2(d)
6-95 3-21-95 1 Added 74-63
7-95 3-21-95 1 Added 78-176-78-179
Added 78-191-78-197
8-95 5- 2-95 1 Dltd 78-176-78-179
Dltd 78-191-78-197
Added 78-176-78-180
Added 78-191-78-200
10-95 8-15-95 1 34-121
2 34-122
3 Dltd 34-124
4 Dltd 34-125 '411)
5 34-126
11-95 6-20-95 1 94-76
12-95 6-20-95 1 94-1
2 Added 94-81(bX3)
3 94-81(d)
95-17(Res.) 6-20-95 1 App.B,Ch.62(a)
95-19(Res.) 6-29-95 1 App.B,Ch. 78,Art.
III
95-22(Res.) 6-29-95 1 App.B,Ch.2
95-23(Res.) 6-29-95 1 App.B,Ch. 78,Art.II
95-25(Res.) 7-18-95 1 App.B,Ch. 30(b)
13-95 9-19-95 1 Added 110-354(c)(13),(14)
14-95 8-15-95 1 Added 54-46-54-55
15-95 8-15-95 1 30-48
16-95 12-19-95 1 34-98
2 Added 22-36-22-47
17-95 8-15-95 1 Rpld 82-119-82-125
18-95 8-15-95 1 Dltd 82-31-82-34
Added 82-31,82-32
19-95 8-15-95 1 82-146
82-148
20-95 8-15-95 1 82-171
82-173
21-95 8-15-95 1 82-196,82-197
22-95 8-15-95 1 82-246
23-95 8-15-95 1 82-271
24-95 9-19-95 1-11 App.A,§§ 1-11
25-95 9-19-95 1 38-28
2 38-30
26-95 11- 9-95 1 2-58
Supp.No.7 CCT:14
Le CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
1-96 1-30-96 1 Added 110-352(7)
3 Rpld 110-354(11)
2-96 2-20-96 1 Rpld 10-99
10-114-10-117
2 Added 10-114
10-119
10-121
3 10-100
10-122, 10-123
7 App. B, Ch. 10,Art.
IV
3-96 3- 5-96 1 110-493(a)
4-96 5-21-96 1 App.A,Art. N, §4
96-23(Res.No.) 5-21-96 1 App.B,Ch.2,Art.V
96-24(Res.No.) 5-21-96 1 App.B,Ch. 78,Art.II
96-25(Res.No.) 5-21-96 1 App. B, Ch.62
96-26(Res.No.) 5-21-96 1 App.B, Ch.78,Art.
III
5-96 6- 4-96 1 110-48
7-96 6-18-96 1 110-1
8-96 6-18-96 1 82-81
10-96 6-18-96 1 Added 54-2
12-96 8- 6-96 1 Added 38-33
‘111100"
2 Added 38-34
14-96 8-20-96 1 Added 66-27
15-96 9- 3-96 1 110-171(a))2)c.1.
17-96 10- 1-96 1 110-292
2 110-312
3 Added 110-332(14)
4 Added 110-352(8)
18-96 9- 3-96 1 110-336(6)
2 110-356(6)
19-96 9- 3-96 1 Added 110-195(8)
20-96 9-17-96 1 110-171(aX2)
23-96 12- 3-96 1 Dltd 78-124
2 Dltd 78-126
3 78-122
4 78-125
5 78-128
24-96 12- 3-96 1 38-31
26-96 1-14-96 1 Added 110-493(aX7)
96-26(Res.No.) 5-21-96 1 App.B, Ch.78,Art.
III(c)
96-32(Res.No.) 6-18-96 1 App.B,Ch.22
96-62(Res.No.) 12-17-96 1 App.B,Ch. 78,Art.
III(b)
1-97 2-18-97 1 App.A,art.III
4-97 4- 1-97 1 Added 66-1
6-97 5- 6-97 1 Added 110-482,
7-97 5- 6-97 1 22-28
97-15(Res.) 5-20-97 1 App.B,Ch. 110(a)—
(d)
97-18(Res.) 6-17-97 1 App.B,Ch.62(a)
8-97 9- 2-97 1 Added 110-354(c)(15)
L1110." 2 Added 110-483
9-97 9- 2-97 1 110-1
Supp.No.7 CCT:15
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
2 110-478
97-36(Res.) 10- 7-97 1 App.B,Ch. 78,Art.IV
13-97 10-21-97 1 98-92(t)(3)
2 98-92(u)
3 110-475(e)
14-97 11-18-97 1 110-137
15-97 12- 2-97 1 Added 50-4
1-98 2-17-98 1 22-37(c)
3-98 3- 3-98 1 82-31,82-32
4-98 3- 3-98 1 82-148
5-98 3- 3-98 1 82-171
82-173
6-98 3- 3-98 1 82-196,82-197
7-98 3- 3-98 1 82-223
8-98 3- 3-98 1 82-246
9-98 3- 3-98 1 82-271
10-98 3- 3-98 1 82-321
2 Rpld 82-322-82-346
13-98 3-17-98 1 102-36
14-98 9-15-98 1 110-567(b)
15-98 3-17-98 1 78-176
2 78-177
3 Added 78-181
16-98 5- 5-98 1 110-581(g)
2 110-582
3 110-584(a)
17-98 5-19-98 1 34-97(bX2)
19-98 6-16-98 1-3 110-1
22-98 7- 7-98 1 Added 110-483 6.(bX3)
28-98(Res.) 9-15-98 1 App.B
28-98 9-15-98 1 110-483 6.(aX5)
2 110-483
6.(bX1Xb)(iiiXa)
3 110-483
6.(bX1XbXiii)(c)
4 110-483
6.(bX1Xb)(iiiXd)
5 Added 110-48311.
30-98 10-20-98 1,2 110-1, 110-122
4-99 7- 6-99 1 110-380-110-389
5-99 9- 7-99 1 Rpld 110-352(7)e.
6-99 6-15-99 1 110-137
7-99 6-15-99 1 58-56
8-99 7- 6-99 1 Rpld 110470(e)
9-99 8-17-99 1 34-186(a),(b)
10-99 9- 7-99 1 22-26-22-35
11-99 8-17-99 1 74-60
3
Supp.No.7 CCT:16
(IIWe
STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code,either in the text or notes following
the text,of references to the Florida Statutes.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 Char.Art.XVI,§ 1
34.191 Ch. 50 Char.Art.XVII, § 1
ch.50 2-288 Char.Art.XVII,§§3-6
50.041 2-288 Char.Art.XVII, §§8,9
50.051 2-288 Char.Art.XX
chs.97-106 Char.Art.III Char.Art.XXI,§2
Char.Art.XXI Char.Art.XXII
Ch.26 Char.Art.XXIV,§ 1
26-1 Char.Art.XXIV,§
97.041 Char.Art.XXI,§2 10
98.041 Char.Art.XXI,§2 110-37
Char.Art.XXI,§9 110-37(a)
98.041 et seq. Char.Art.XXI,§2 166.021(5) Char.Art.XIII,§3
100.361 Char.Art.XXI,§§ Char.Art.XIV §§
10, 11 1-3
101.161 Char.Art.XXI,§ 16 Char.Art.XVII,§7
112.311 et seq. Char.Art.XXIV,§ Char.Art.XVII,
13 § 10
‘11160e
58-29 166.04
112.3135 Char.Art.XXIV §8 110-137
112.3143 2-67 166.041 1-11
ch. 119 78-98 Char.Art.XXIV,§4
119.011 2-116 110-137(e)
119.021 2-116 166.046 App.A,Art.I
161.041 82-85 166.101 Ch.2,Art.V
161.053 Ch. 14,Art.III 166.101 et seq. Ch. 70
161.52 et seq. Ch.82,Art.IV 166.222 82-322
161.55(1Xd) 82-94 166.231 Ch. 70,Art.II
82-81 70-27
161.142 Ch. 14,Art.III 166.231(1Xb) 70-29
161.161 Ch. 14,Art.III 166.232 Ch. 70,Art.II
161.163 Ch. 14,Art.III 166.241 Char.Art.XVII,§ 1
ch. 162 Ch.2,Art.VI Char.Art.XVII,§9
2-256 167.22 App.A,Art. III,§8
2-258 ch. 170 Char.Art.XX
94-5 90-192
102-37 ch. 171 Char.Art.XXIII
162.05 2-257 ch. 177 Ch. 98
162.09(3) 78-60 98-1
ch. 163 58-56 110-423
110-37(a) 177.25 et seq. 110-222
163.3161 et seq. 58-35 ch. 192 et seq. Char.Art.IX,Char.
163.3161-163.3211 58-57 Art.X
163.3174 58-56 Char.Art.XVIII,
163.3178 82-93 Char.Art.XIX
163.3220 86-2 Ch. 70
ch. 166 Char.Art.I,§3 ch. 194 102-36
Char.Art.II ch.200 Char.Art.XVII, §§
Char.Art.II,§ 1 3-6
Char.Art.XIII,§§1,2 203.012 70-26
L
Char.Art.XIII,§§4-6 ch.205 Ch. 70,Art. III ie,
Char.Art.XV,§2 70-83
Supp.No. 7 SLT:1
CAPE CANAVERAL CODE
F.S. Section F.S. Section
Section this Code Section this Code
205.043(2),(3) 70-81 110-1
205.053 70-75 553.71 82-322
205.053(1) 70-74 553.71(7) 82-322
70-76 553.77 82-322
205.053(2) 70-75 553.79 82-322
205.053(3) 70-75 553.79(7) 82-323
215.85 2-206 Ch.82,Art.XIII
ch.218 Char.Art.XVIII 553.900 Ch. 82,Art. IX
218.32 Char.Art.XVII,§9 556 App.A,art.III,§
218.33 Char.Art.XVII,§ 1 13.5
232.03 10-139 ch.561 6-52
ch.233 10-86 chs.561-568 110-171(a)(2)
ch.252 Ch. 18 ch.561 et seq. Ch. 6
ch.280 Char.Art.XVII,§8 561.01 6-51
ch.286 Ch.2,Art. II,Div.3 561.01(4Xa) 110-1
286.011 Char.Art.V,§ 1 562.14 6-26,6-27
ch.316 74-1 562.45 6-27
74-63 565.02(4) 110-171
316.194 74-56 ch.633 Ch. 38
316.195 34-34 633.022 Ch.38,Art.II
316.293 Ch. 34,Art.V 633.025 Ch.38,Art.II
316.650 Char.Art.XIII,§6 658.98 2-206
316.1936 Ch. 6,Art.III,Div. ch.705 34-180
2 705.101 et seq. Ch.34,Art.VI
316.1945 74-56 ch. 718 110-404
Ch.318 74-63 768.28 Char.Art.XXIV,
320.823 82-81 § 11,
82-88 Char.Art.XXIV,
Ch.337 66-1 § 12
370.12 Ch. 14,Art.III 775.082 Ch.50
380.04 86-2 50-1
ch.381 10-163 775.083 Ch.50
ch. 386,pt.I 10-62 50-1
400.402 110-1 790.15 50-1
403.91 et seq. Ch. 106,Art.II ch.791 Ch. 38,Art. IV
403.413 Ch. 34,Art. II 791.01 38-81
403.415 Ch.34,Art.V ch.794 80-1
403.702 et seq. Ch.62 ch.796 10-86
403.801 et seq. 106-29 80-1
ch.468 82-32 ch.800 10-86
82-148 80-1
ch.471 82-322 806.01 10-86
471.003 82-322 806.10 10-86
471.005 82-322 806.13(2Xc) 10-86
ch.480 10-86 806.111 10-86
10-175 ch.810 80-1
480.034 10-86 ch.812 80-1
ch.481 82-322 ch.817 80-1
489.105 82-322 839.13 1-13
489.119 82-322 ch.847 10-169
489.129 82-322 847.013,847.014 10-86
489.131(3Xe) 70-85 849.09(2) 10-86
ch.509 110-1 849.10 10-86
ch.517 10-86 849.25(3) 10-86
ch.553 Ch.82 865.09 10-114
82-321 870.041 et seq. Ch. 18
553.36(12) 82-81 877.03 10-86
Supp.No.7 SLT:2
STATE LAW REFERENCE TABLE
F.S. Section
Section this Code
ch.893 80-1
893.13 10-86
ch. 901 Char.Art.XIII, §4
901.25 Char.Art.XIII,§5
943.25(13) 50-3
L11/0"
L
Supp.No.7 SLT:3
J
J
J
(111.10e
CODE INDEX
Section Section
ALCOHOLIC BEVERAGES(Cont'd.) ANNEXATIONS
Land development code regulations re zon- Certain ordinances not affected by Code.. 1-10(a)(13)
ing 110-26 et seq. Franchise regulations in general. See:
See: LAND DEVELOPMENT CODE FRANCHISES(Appendix A)
Motor vehicles Land development code regulations re zon-
Definitions 6-66 ing 110-26 et seq.
Exceptions 6-69 See:LAND DEVELOPMENT CODE
Open containers prohibited 6-68 ANNUAL BUDGET.See: BUDGET
Policy and intents 6-67
Open containers APPROPRIATIONS
Prohibited in motor vehicles 6-68 Certain ordinances not affected by Code.. 1-10(aX6)
Parking areas
Possession and consumption 6-51 ARCHITECTURE
Parks and recreation areas Beautification board generally 2-181 et seq.
Possession and consumption 6-52
See:BEAUTIFICATION BOARD
Penalty 6-1 ASSOCIATIONS
Streets, alleys, sidewalks and parking ar- Persons;definitions and rules of construc-
eas,possession and consumption in . 6-51 tion extended and applied to 1-2
Vehicles for hire 80-87
ATOMIC ENERGY USES
ALLEYS.See:STREETS,SIDEWALKS AND Land development code regulations re zon-
OTHER PUBLIC WAYS ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
AMUSEMENTS AND AMUSEMENT PLACES ATTORNEY.See:CITY ATTORNEY
Adult entertainment 10-86 et seq.
See:ADULT ENTERTAINMENT AUDIO ALARMS.See:ALARM SYSTEMS
Lei
Amusement device code AUTOMATED TELEPHONE ALARM Adopted 10-26 SYS-
TEMS.See:ALARM SYSTEMS
Amendments 10-27
Outdoor entertainment 10-46 et seq. AUTOMOBILES. See: MOTOR VEHICLES
See: OUTDOOR ENTERTAINMENT AND TRAFFIC
ANIMALS AND FOWL AWNINGS OR CANOPIES
Animal control officer 14-27 Signs
Beaches Land development code regulations.... 94-1 et seq.
Animals prohibited on 14-28 See:LAND DEVELOPMENT CODE
Bees and beehives prohibited 14-3
Bird sanctuary B
Designation of 14-2
County animal control ordinance BEACHES
Adopted 14-26 Animals prohibited on beaches 14-28
Animal control officer 14-27 Coastal construction code 82-81 et seq.
Parks and beaches See:LAND DEVELOPMENT CODE
Animals prohibited on 14-28 Dune crossover,camping prohibited on... 50-4
Noises, enumeration of prohibited 34-153(5) Dune parking prohibited 74-59
Parks End streets,camping prohibited on 50-4
Animals prohibited in 14-28 Sea turtles generally 14-51 et seq.
Penalty 14-1 See:ANIMALS AND FOWL
Sanctuary Street excavations 66-61 et seq.
gn See: STREETS, SIDEWALKS AND
Sanctuary,designation of 14-2 OTHER PUBLIC WAYS
Sea turtles Wetlands protection 106-26 et seq.
Beach activities 14-58 See:LAND DEVELOPMENT CODE
Definitions 14-52
Enforcement and penalty 14-53 BEAUTIFICATION BOARD
Exemptions 14-54 Absence from meetings 2-183
Existing development 14-56 Duties 2-184
New development 14-55 Established,membership,terms,qualifica-
Publicly owned lighting 14-57 tions 2-181
Purpose and scope 14-51 Indebtedness 2-186
Supp.No. 7 CDi:3
CAPE CANAVERAL CODE
,...)
Section Section
BEAUTIFICATION BOARD(Cont'd.) BOATS,DOCKS AND WATERWAYS
Meetings;bylaws;officers 2482 Exhaust of motorboats
Planning and zoning board Noises,enumeration of prohibited 34-153(6)
Coordination with 2-185 Flood damage prevention 90-26 et seq.
Property maintenance standards 34-91 et seq. See:LAND DEVELOPMENT CODE
See: PROPERTY MAINTENANCE Land development code regulations re zon-
STANDARDS ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
BEER. See:ALCOHOLIC BEVERAGES Litter, throwing in river or other body of
BEES AND BEEHIVES.See:ANIMALS AND water 34-36
FOWL Vessel control and water safety
Area of enforcement 54-48
BIDS AND BIDDING Careful and prudent operation required 54-50
Bidders Definitions 54-47
City bidders list 2-218(2) Designation of areas of regulated water
Purchasing generally 2-216 et seq. activities 54-52
See:PURCHASES AND PURCHASING Designating additional areas of regu-
lated water activities,procedure
BILLBOARD.See:SIGNS AND BILLBOARDS for 54-53
Enforcement
BIRDS.See:ANIMALS AND FOWL Area of enforcement 54-48
Means of enforcement 54-49
BLIGHT Penalties 54-55
Property maintenance standards 34-91 et seq. Exemptions 54-54
See: PROPERTY MAINTENANCE Means of enforcement 54-49
STANDARDS Penalties 54-55
Purpose and findings 54-46
BLOCKS Speed not to be greater than what is
Subdivisions reasonable under the conditions 54-51
Land development code regulations.... 98-1 et seq. Water safety. See herein: Vessel Control
See:LAND DEVELOPMENT CODE and Water Safety
Wetlands protection 106-26 et seq.
BOARD OF ADJUSTMENT See:LAND DEVELOPMENT CODE
Land development code regulations re eon- Zoning regulations
ing 110-26 et seq. Boats,vessels and boat trailers
See:LAND DEVELOPMENT CODE Living aboard 110-552
BOARDS, COMMITTEES AND COMMIS- Living or residing in boats, utility
SIGNS traders,recreational vehicles and
special purpose vehicles 110-553
Beautification board 2-181 et seq. Location of 110-551
See:BEAUTIFICATION BOARD Parking and storage 110-554
Business and cultural development board. 22-26 et seq.
See:BUSINESS AND CULTURAL DE- BODIES OF WATER. See: BOATS, DOCKS
VELOPMENT BOARD AND WATERWAYS
Code enforcement board 2-256 et seq.
See:CODE ENFORCEMENT BOARD BODIES POLITIC AND CORPORATE
Community appearance review board 22-36 et seq. Persons;definitions and rules of construe-
See:COMMUNITY APPEARANCE RE- tion extended and applied to 1-2
VIEW BOARD
Definitions and rules of construction 1-2 BONDS,SURETY OR PERFORMANCE
Delegation of authority Certain ordinances not affected by Code.. 1-10(a)(2)
Definitions and rules of construction 1-2 Franchise regulations generally.See:FRAN-
Joint authority CHISES(Appendix A)
Definitions and rules of construction 1-2 Outdoor entertainment permit
Library board 46-26 et seq. Cash cleanup bond 10-64
See:LIBRARY Purchasing regulations 2-218(9)
Planning and zoning board 58-26 et seq. Signs
See:PLANNING AND ZONING BOARD Land development code regulations.... 94-1 et seq.
Recreation board 54-26 et seq. See:LAND DEVELOPMENT CODE
See:PARKS AND RECREATION Threshold buildings,special inspector bond 82-243
Supp.No. 7 CDi:4
Low,, CODE INDEX
Section Section
BOOKS BUILDINGS(Cont'd.)
Library 46-1 et seq. Franchise regulations generally.See:FRAN-
See:LIBRARY CHISES(Appendix A)
Gas code 82-171 et seq.
BOTTLED GAS See:LAND DEVELOPMENT CODE
Public service tax 70-26 et seq. Housing code 82-271 et seq.
See:TAXATION See:LAND DEVELOPMENT CODE
BOUNDARIES Impact fees 2-231 et seq.
Corporate limits See:IMPACT FEES
Definitions and rules of construction... 1-2 Land development code regulations re zon-
Franchise regulations in general. See: ing 110-26 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Land development code regulations re zon- Local planning agency 58-56 et seq.
ing 110-26 et seq. See:PLANNING AND DEVELOPMENT
See:LAND DEVELOPMENT CODE Mechanical code 82-196,82-197
Old building sewers 78-80
BREVARD COUNTY.See:COUNTY Permits and miscellaneous fees
BRIDGES Fees schedule in general. See: FEES
Subdivisions (Appendix B)
Land development code regulations.... 98-1 et seq.
Plan checking fee
See:LAND DEVELOPMENT CODE Fees schedule in general. See: FEES
(Appendix B)
BRUSH.See:WEEDS AND DEAD VEGETA- Plumbing code 82-146 et seq.
TION See:LAND DEVELOPMENT CODE
Public service tax 70-26 et seq.
BUDGET See:TAXATION
i City manager Sanitary sewer system 78-26 et seq.
Powers and duties 2-101(4) See: SEWERS AND SEWAGE DIS-
City treasurer POSAL
Duties 2-141(2) Solar energy standards 82-221 et seq.
BUFFERS AND BUFFERING See:LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq. Street excavations 66-61 et seq.
See:LAND DEVELOPMENT CODE See: STREETS, SIDEWALKS AND
Tree protection,land clearing 102-36 et seq. OTHER PUBLIC WAYS
See:LAND DEVELOPMENT CODE Swimming pool code 82-246,247
Threshold buildings 82-321 et seq.
BUILDINGS See:LAND DEVELOPMENT CODE
Beautification board 2-181 et seq. Unsafe Building Abatement Code
See:BEAUTIFICATION BOARD Administration authority or official.... 82-57
Building appearance and maintenance 34-98 Adopted 82-56
Building code Amendments 82-58
Solar energy standards,compliance with 82-223 Weeds and dead vegetation 34-121 et seq.
Building sewers and connections 78-76 et seq. See: WEEDS AND DEAD VEGETA-
See: SEWERS AND SEWAGE DIS- TION
POSAL BULK CONTAINERS
Coastal construction code 82-81 et seq.
See:LAND DEVELOPMENT CODE Solid waste 62-1 et seq.
Community appearance review board .... 22-36 et seq. See:SOLID WASTE
See:COMMUNITY APPEARANCE RE- BULKHEADS
VIEW BOARD Subdivisions
Concurrency management 86-1 et seq. Land development code regulations.... 98-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Construction noise 34-154
Electrical code 82-116 et seq. BURGLAR ALARMS.See:ALARM SYSTEMS
See:LAND DEVELOPMENT CODE BURNING
Excavation and grading code 82-296 Solid waste 62-11(b)
Fees schedule in general. See: FEES(Ap-
L
pendia B) BURYING/BURIAL
Flood damage prevention 90-26 et seq. Solid waste 62-11(c)
See:LAND DEVELOPMENT CODE Trash,rubble or other debris 34-41
Supp.No.7 CDi:5
CAPE CANAVERAL CODE
Section Section
BUSINESS AND CULTURAL DEVELOP- CERTIFICATES OF OCCUPANCY(Cont'd.)
MENT BOARD Sewer impact fee requirements 78-125
Advisory capacity 22-34 CHARTER
Composition;qualifications 22-28
Definitions 22-26 Definitions and rules of construction 1-2
Established 22-27 CITY
Indebtedness 22-35 Abandoned property
Purpose and duties 22-33 Compliance with notice or order to re-
Removal 22-31 move; removal by city upon non-
Rules and procedures 22-32 compliance 34-184
Term of office 22-29 Disposition of property removed by city 34-186
Vacancies 22-30 Notification of owner following removal
BUSINESSES by city 34-185
Occupational license tax 70-66 et seq. Redemption prior to sale by city 34-187
See:TAXATION Corporate limits
Solicitors,peddlers and itinerant vendors. 16-26 et seq. Definitions and rules of construction1-2
See: PEDDLERS, CANVASSERS AND Definitions and rules of construction 1-2
SOLICITORS Flood damage prevention 90-26 et seq.
Solid waste 62-1 et seq. See:LAND DEVELOPMENT CODE
See:SOLID WASTE Franchise regulations in general. See:
FRANCHISES(Appendix A)
C Library board
Liability of city limited 46-31
CABLE TELEVISION Litter
Franchise regulation generally.See:FRAN- Waiver of rights by property owner; re-
CHISES(Appendix A) moval at city's costs 34-69
Solid waste
CALLINGS Authority of city to collect 62-3
Occupational license tax 70-66 et seq. Ownership by city 62-4
See:TAXATION Street excavations
CAMPING Authority of city 66-64
Where prohibited 50-4 City's right to restore surface 66-69
Liability of city 66-62
CANALS
Subdivisions CITY ATTORNEY
Land development code regulations.... 98-1 et seq. Council
See:LAND DEVELOPMENT CODE Attendance at meetings 2-127
Duties 2-126
CANVASSERS.See:PEDDLERS,CANVASS-
ERS AND SOLICITORS CITY CLERK
Duties 2-116
CAPE CANAVERAL.See: CITY
CITY COUNCIL
CAPITAL EXPANSION PLANS Adult entertainment
Impact fee 2-237 Powers of re 10-93
CAPITAL EXPANSION TRUST FUND City attorney
Duties 2-126
Impact fees 2-236
City manager
CARS.See:MOTOR VEHICLES AND TRAF- Powers and duties 2-101(2)
FIC Compensation
Established for councilmembers other
CAUSES than mayor 2-41
Effect of repeal of ordinances 1-9(b) Mayor,established for 2-42
CEMETERIES Definitions and rules of construction 1-2
Parks and recreation areas 54-1 et seq. Election 2-26
See:PARKS AND RECREATION Library board
Reports to 46-32
CERTIFICATES OF OCCUPANCY Mayor
Land development code regulations re zon- Compensation established for 2-42
ing 110-26 et seq. Meetings
See:LAND DEVELOPMENT CODE Adjournment 2-69
Supp.No. 7 CDi:6
Llore'''' CODE INDEX
Section Section
CITY COUNCIL(Cont'd.) CODE ENFORCEMENT(Cont'd.)
Adoption of motion 2-67 Violations and penalties
Call to order;quorum;roll call 2-64 Prosecution of violations with no crim-
City attorney to attend 2-127 inal penalty 2-259
Consideration of matters before council 2-66
General discussion 2-68 CODE OF ORDINANCES*
Minutes 2-65 Altering Code 1-13
Ordinances and resolutions Amendments to Code 1-11
Preparation prior to meeting 2-59 Catchlines of sections 1-3
Parliamentary procedure 2-61 Certain ordinances not affected by Code.. 1-10
Preparation and notice of agenda 2-60 Chapters or sections,references to 1-5
Presiding officer 2-62 Code does not affect prior offenses,rights,
Regular meetings 2-56 etc. 1-8
Sergeant at arms 2-63 Definitions and rules of construction 1-2
Special meetings 2-57 Effect of repeal of ordinances 1-9
Workshop meetings 2-58 General penalty 1-15
Ordinances and resolutions History notes 1-4
Preparation prior to meeting 2-59 How Code designated and cited 1-1
Regular meetings 2-56 Provisions considered as continuation of
Special meetings 2-57 existing ordinances 1-7
Uncontested elections 2-27 References and editor's notes 1-6
Workshop meetings 2-58 Severability of parts of Code 1-14
Supplementation of Code 1-12
CITY ENGINEER
Duties 2-151 CODES
City election code adopted 26-1
CITY MANAGER Technical codes. See that subject
L Civil emergencies
Persons authorized to declare 18-2 COLOR DISCRIMINATION
Deputy city manager 2-102 Human rights,discrimination prohibited . 40-28
Powers and duties 2-101 COMBUSTIBLES AND INFLAMMABLES
CITY TREASURER Fireworks 38-81 et seq.
Duties 2-141 See:FIREWORKS
Fees schedule in general. See: FEES(Ap- COMMITTEES AND COMMISSIONS. See:
pence B) BOARDS, COMMITTEES AND COM-
CIVIL EMERGENCIES MISSIONS
Definitions 18-2 COMMUNICATION SERVICES
Persons authorized to declare emergency 18-2
Powers when emergency exists 18-3 Franchise regulations general. See:
FRANCHISES(Appendix A)
CLERK See: CITY CLERK Outdoor entertainment permit require-
ments 10-62(4)
CLUBS Public service tax
Persons;definitions and rules of construc- Generally 70-26 et seq.
tion extended and applied to 1-2 See:TAXATION
COASTAL CONSTRUCTION CODE COMMUNITY APPEARANCE REVIEW
Land development code regulations re zon- BOARD
ing 110-26 et seq. Board
See:LAND DEVELOPMENT CODE Established 22-37
Membership 22-37
CODE ENFORCEMENT Proceedings of the board 22-39
Abandoned vehicles Qualifications of members 22-37
Code enforcement board hearing proce- Rules of conduct of board business 22-38
dure 34-183
Code enforcement board *Note—The adoption, amendment, repeal, omissions, effec-
Created 2-256 tive date,explanation of numbering system and other matters
Cilire Membership 2-257 pertaining to the use, construction and interpretation of this
Powers and duties 2-258 Code are contained in the adopting ordinance and preface
Responsibilities 2-258 which are to be found in the preliminary pages of this volume.
Supp.No.7 CDi:7
CAPE CANAVERAL CODE
....)
Section Section
COMMUNITY APPEARANCE REVIEW CONTRACTS AND AGREEMENTS(Cont'd.)
BOARD(Cont'd.) Right-of-way use agreements 66-1
Compliance with other code provisions ... 22-41
Concept plans 22-45 CORPORATE LIMITS
Permits Definitions and rules of construction 1-2
Appeals and review 22-46 COUNCIL.See:CITY COUNCIL
Application criteria 22-44
Approval prerequisite for permits 22-40 COUNTY
Building permits;enforcement 22-47 Animal control ordinance 14-26 et seq.
Notice of approval or denial 2243 See:ANIMALS AND FOWL
Procedure 22-42 Definitions and rules of construction 1-2
Statement of findings and purpose 22-36 Flood damage prevention 90-26 et seq.
COMMUNITY DEVELOPMENT See:LAND DEVELOPMENT CODE
Business and cultural development board. 22-26 et seq. Health department
See:BUSINESS AND CULTURAL DE- Adult entertainment establishment per-
VELOPMENT BOARD mit investigation 10-140
Community appearance review board .... 22-36 et seq. COURTS
See:COMMUNITY APPEARANCE RE- Costs for police education and training 50-3
VIEW BOARD Land development code regulations re zon-
Land development code regulations re zon- ing 110-26
ing 110-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE
CREED DISCRIMINATION
COMPETITIVE BIDS Human rights,discrimination prohibited . 40-28
Purchasing 2-216 et seq.
See:PURCHASES AND PURCHASING CULTURAL DEVELOPMENT. See:DEVELOP-
CONCURRENCYBUSI-
MANAGEMENT SYSTEM NESS AND CULTURAL MENT BOARD
Fees schedule in general. See: FEES(Ap `110)
-
pendix B) CYCLONES
Land development code regulations 86-1 et seq. Civil emergencies 18-1 et seq.
See:LAND DEVELOPMENT CODE See:CIVIL EMERGENCIES
Planning and zoning board 58-26 et seq.
See:PLANNING AND ZONING BOARD D
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS- DANCING AND DANCEHALLS
POSAL Adult dancing establishments 10-177
CONFLICTS OF INTEREST Straddle dancing 10-73
Planning and zoning board 58-29 Alcoholic beverage establishments
Nudity on premises 6-27
CONNECTIONS DEBRIS.See also:SOLID WASTE
Sewer connections 78-27 et seq. Burial of debris 34-41
See: SEWERS AND SEWAGE DIS-
POSAL DEDICATIONS
CONTRACTORS Land development code regulations re zon-
Occupational license tax mg 110-26 et seq.
Special requirements for contractors... 70-85 See:LAND DEVELOPMENT CODE
Plats or subdivisions
CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code 1-10(a)(12)
Certain ordinances not affected by Code.. 1-10(a) DEEDS
City attorney Certain ordinances not affected by Code 1-10(a)(2)
Duties 2-126(6)
Code does not affect prior contracts estab- DELEGATION OF AUTHORITY
lishing or occurring 1-8 Definitions and rules of construction 1-2
Franchise agreements 66-1
Franchise regulations in general. See: DENSITY
FRANCHISES(Appendix A) Land development code regulations re zon-
Purchasing 2-216 et seq. ing 110-26 et seq.
See:PURCHASES AND PURCHASING See:LAND DEVELOPMENT CODE „.......)
Supp.No. 7 CDi:8
Lol. CODE INDEX
Section Section
DEPARTMENTS AND OTHER AGENCIES DUNES
OF CITY.See also:BOARDS,COMMIT- Parking prohibited 74-59
TEES AND COMMISSIONS Wetlands protection 106-26 et seq.
City manager See:LAND DEVELOPMENT CODE
Powers and duties 2-101(6)
Definitions and rules of construction 1-2
Delegation of authority E
Definitions and rules of construction1-2
Fire department 38-56 et seq. EARTHQUAKES
See:FIRE PREVENTION Civil emergencies 18-1 et seq.
Joint authority See: CIVIL EMERGENCIES
Definitions and rules of construction... 1-2
Local planning agency 58-56 et seq. EASEMENTS
See:PLANNING AND DEVELOPMENT Subdivisions
Police department 42-26 Land development code regulations.... 98-1 et seq.
DEVELOPMENT DISTRICTS See:LAND DEVELOPMENT CODE
Land development code regulations re zon- ELECTIONS
ing 110-26 et seq. Certain ordinances not affected by Code.. 1-10(a)(l6)
See:LAND DEVELOPMENT CODE Penalties for violations 26-2
DEVELOPMENT.See:PLANNING AND DE- Qualifying period
VELOPMENT Generally 26-3
Write-in candidates 26-4
DISCHARGES State election code adopted 26-1
Sewers 78-96 et seq.
See: SEWERS AND SEWAGE DIS- ELECTRICITY
‘111i1010.
POSAL Electrical code 82-116 et seq.
DISCRIMINATION See:LAND DEVELOPMENT CODE
Cable television franchise. See: FRAN- Fees schedule in general. See: FEES(Ap-
CHISES(Appendix A) pendia B)
Gas franchise agreement. See: FRAN- Franchise regulations in general. See:
CHISES(Appendix A) FRANCHISES(Appendix A)
Human rights Public service tax 70-26 et seq.
Discrimination prohibited 40-28 See:TAXATION
Signs
DISTRICTS Land development code regulations.... 94-1 et seq.
Land development code regulations re zon- See:LAND DEVELOPMENT CODE
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE EMERGENCIES
DRAINS AND DRAINAGE Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
Concurrency management 86-1 et seq. Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE Franchise regulations in general. See:
FRANCHISES(Appendix A)
Outdoor entertainment permit require-
Purchase 2-221
ments 10-62(1)
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
LI100" DRUNKS AND DRUNKENNESS
Alcoholic beverages 6-1 et seq. EMPLOYEES. See: OFFICERS AND EM-
See:ALCOHOLIC BEVERAGES PLOYEES
Supp.No.7 CDi:9
CAPE CANAVERAL CODE
Section Section
ENCROACHMENT EXHAUST
Property maintenance standards 34-91 et seq. Discharge into open air
See: PROPERTY MAINTENANCE Noises,enumeration of prohibited 34-153(6)
STANDARDS
ENGINEER See:CITY ENGINEER EXHIBITIONS
Adult entertainment 10-46 et seq.
ENGINEERS AND ENGINEERING See:ADULT ENTERTAINMENT
Street excavations
Engineering details 66-66 EXPLOSIONS✓EXPLOSIVES
Civil emergencies 18-1 et seq.
ENGINES See:CIVIL EMERGENCIES
Discharge into open air of exhaust Fireworks 38-81 et seq.
Noises,enumeration of prohibited 34-153(6) See:FIREWORKS
ENTERTAINMENT. See: AMUSEMENTS
AND AMUSEMENT PLACES F
ENVIRONMENT
Abandoned property 34-176 et seq. FALSE ALARMS.See:ALARM SYSTEMS
See:ABANDONED PROPERTY
Land development code regulations re zon- FALSE STATEMENTS
ing 110-26 et seq. Occupational license tax application 70-73
See:LAND DEVELOPMENT CODE
Lights 34-206 et seq. FEDERAL GOVERNMENT
See:LIGHTS AND LIGHTING Adult entertainment
Litter 34-26 et seq. Compliance with federal requirements. 10-163
See:LI'1 TER Federal utilities commission
Noise 34-151 et seq. Franchise regulations in general. See:
See:NOISE FRANCHISES(Appendix A)
Planning and zoning board 58-26 et seq. Franchise regulations in general. See:
See:PLANNING AND ZONING BOARD FRANCHISES(Appendix A)
Property maintenance standards 34-91 et seq. Interpret law
See: PROPERTY MAINTENANCE City attorney
STANDARDS Duties 2-126(3)
Sanitary sewer system 78-26 et seq. Vehicles for hire
See: SEWERS AND SEWAGE DIS- Application of provisions to vehicle, op-
POSAL erator regulator by federal govern-
Street excavations 66-61 et seq. ment 80-2
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS FEES
Tree protection,land clearing 102-36 et seq. Adult entertainment
See:LAND DEVELOPMENT CODE Fees for license of establishment 10-121
Weeds and dead vegetation 34-121 et seq. Alarm systems
See: WEEDS AND DEAD VEGETA- Fees charged 30-31
TION Permit fees 30-48
Wetlands protection 106-26 et seq. Certain ordinances not affected by Code.. 1-10(a)(7)
See:LAND DEVELOPMENT CODE Franchise regulations in general. See:
EXCAVATIONS FRANCHISES(Appendix A)
Building sewers 78-83 Impact fees 2-231 et seq.
Excavation and grading code See:IMPACT FEES
Administrative authority or official.... 82-297 Outdoor entertainment permit 10-63
Adopted 82-296 Sewer fees where owner has private water
Fees schedule in general. See: FEES (Ap- supply 78-154
pendia B) Solid waste
Sanitary sewer system 78-26 et seq. Schedule of fees 62-5
See: SEWERS AND SEWAGE DIS- Street excavations permit fee 66-83
POSAL Vehicles for hire
Street excavations 66-61 et seq. Driver's permit fee 80-55
See: STREETS, SIDEWALKS AND Fees to be in addition to other taxes and
OTHER PUBLIC WAYS charges 80-3
Supp.No.7 CDi:1O
C1111,` CODE INDEX
Section Section
FENCES, WALLS, HEDGES AND ENCLO- FIRE PREVENTION
SURES Alarm systems generally 30-26 et seq.
Land development code regulations re zon- See:ALARM SYSTEMS
ing 110-26 et seq. Bottled gas
See:LAND DEVELOPMENT CODE Use restrictions;permit required 38-5
Signs Conformance 38-34
Land development code regulations.... 94-1 et seq. Doors to businesses or public halls 38-6
See:LAND DEVELOPMENT CODE Fire chief
Duties 38-58
FINANCES Generally 38-56
Building sewers Fire department
Cost of installation 78-78 Compensation 38-56
Certain ordinances not affected by Code.. 1-10(a)(2) Composition 38-56
City treasurer Volunteer fire department 38-57
Duties 2-141(1) Fire inspectors
Court costs for police education and train- Designated as city code inspectors 38-3
ing 50-3 Life Safety Code re 38-29
Franchise regulations in general. See: Fire lanes, designation of 74-62
FRANCHISES(Appendix A) Fire prevention codes
Impact fees 2-231 et seq. Life Safety Code
See:IMPACT FEES Adopted 38-28
Library board expenditures 46-27 Fire inspector 38-29
Litter Lockboxes required 38-32
Waiver of rights by property owner; re- National Fire Prevention Code
moval of city's costs 34-69 Adopted 38-26
Outdoor entertainment permit require- Inspector 38-27
Le. menta 10-62(5) Standard Fire Prevention Code
Public service tax 70-26 et seq. Administrative authority or official.. 38-31
See:TAXATION Adopted 38-30
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
FINES,FORFEITURES AND OTHER PEN- Cost recovery 38-93
ALTIES Definitions 38-90
Certain ordinances not affected by Code.. 1-10(a)(1) Violations and penalties 38-93
Code does not affect prior penalties or Impact fees generally 2-231 et seq.
forfeitures incurred 1-8 See: IMPACT FEES
Effect of repeal of ordinances on penalties Inspector
incurred 1-9(b) National Fire Prevention Code 38-27
Franchise regulations in general. See: Life Safety Code. See herein:Fire Preven-
FRANCHISES(Appendix A) tion Codes
General penalty 1-15 Lockboxes
Penalties for specific acts,omissions,viola- Fire prevention code requirements 38-32
tions,etc.See specific subjects as in- Required 38-32
dexed National Fire Prevention Code.See herein:
Fire Prevention Codes
FIRE AND RESCUE IMPACT FEES Outdoor entertainment permit require-
Fees schedule in general. See: FEES(Ap- ments 10-62(4)
pendia B) Private entry gates 38-33
Safety fees 38-2
FIRE DEPARTMENT. See: FIRE PREVEN- Smoke detectors to have battery backup 38-7
TION Standard Fire Prevention Code.See herein:
s.
Fire Prevention Codes
FIRE LANES Violations and penalties 38-1
Designation of 74-62 Volunteer fire department 38-57
Supp.No.7 CDi:11
CAPE CANAVERAL CODE
Section Section
FIREWORKS FRANCHISES(Appendix A)(Cont'd.)
Application for permit;fees 38-83 Grant of non-exclusive franchise I-4
Attending firefighters 38-88 Legislative findings I-3
Definitions 38-81 Liability and indemnity provision I-7
Insurance 38-86 Maps and additional reports to be filed
Investigation of applicant;issuance or de- by grantee I-20
nial of permit 38-84 Other business activities I-11
Operators 38-85 Payment to city I-21
Public displays authorized 38-82 Preferential or discriminatory practices
Storage of materials 38-87 prohibited I-14
Public service 1-28
FIRMS Quality of service I-27
Persons; definitions and rules of construe- Removal of facilities upon request I-15
tion extended and applied to 1-2 Re-regulation I-25
FLOOD DAMAGE PREVENTION Restrictions on assignment,transfer,sale
Civil emergencies 18-1 et seq. and subleasing 1-16
See:CIVIL EMERGENCIES Safety requirements I-12
Fees schedule in general. See: FEES(Ap- Severability I-29
pendia B) Short title I-1
Generally 90-26 et seq. System upgrade I-8
See:LAND DEVELOPMENT CODE Term of franchise I-17
Land development code regulations re zon- Territorial area involved I-6
ing 110-26 et seq. Electric
See:LAND DEVELOPMENT CODE Acceptance by grantee I1-2
Wetlands protection 106-26 et seq. Amount of payments by grantee to
See:LAND DEVELOPMENT CODE grantor II-6
Competition by grantor 11-8
FLOODLIGHTS Effective date II-12
Outdoor entertainment permit require- Forfeiture II-9 '''.4)
ments 10-62(1) Grant II-1
Spill-over lighting requirements 34-206 et seq. Liability II-4
See:LIGHTS AND LIGHTING Location of facilities II-3
FLORIDA RAILROAD AND PUBLIC UTILI- Monthly payments II-7
TIES COMMISSION Rates,rules and regulations 11-5
Franchise regulations in general. See: Repeal of conflicting ordinances II-11
FRANCHISES(Appendix A) Validity II-10
Gas franchise agreement
FLORIDA. See:STATE Books and records available to city III-XIV
Definitions III-IV
FORFEITURE.See:FINES,FORFEITURES Design and construction provisions III-XIII
AND OTHER PENALTIES Effective date of franchise;term III-VI
FOWL.See:ANIMALS AND FOWL Franchise fees III-IX
Franchise operation III-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 1-2 Telephone
Emergency use of facilities by city I-10 Company liability:indemnification IV-4
Erection,removal,and common user job Compliance with applicable law and or-
poles I-24 dinances IV-3
Forfeiture of franchise I-22 Conditions on street occupancy IV-5
Supp.No. 7 CDi:12
‘6110/ CODE INDEX
Section Section
FRANCHISES(Appendix A)(Cont'd.) GRADES AND GRADING(Cont'd.)
Definitions IV-1 Street excavations 66-61 et seq.
Fees paid by company IV-7 See: STREETS, SIDEWALKS AND
Grant of permission IV-2 OTHER PUBLIC WAYS
Limitations on obligations of city IV-10 Street grades
Severability IV-11 Certain ordinances not affected by Code 1-10(aX10)
Street occupancy,conditions on IV-5 Tree protection,land clearing 102-36 et seq.
Terms of rights granted IV-9 See:LAND DEVELOPMENT CODE
Transfer of rights granted herein IV-6 GUTTERS
FRANCHISES(Generally) Litter,sweeping into gutters prohibited... 34-31
Certain ordinances not affected by Code 1-10(a)(4)
Franchise regulations in general. See: H
FRANCHISES(Appendix A) HANDBILLS
Streets,sidewalks and other public ways
Franchise agreements 66-1 Litter regulations 34-51 et seq.
See:LITTER
FRAUD
Solicitors, peddlers and itinerant mer-
chants 16-30
F.S.(Florida Statutes)
Definitions and rules of construction 1-2
FUEL OIL
Public service tax 70-26 et seq.
See:TAXATION
GARAGE SALES
Land development code regulations re zon-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
GARBAGE AND TRASH.See:SOLID WASTE
GAS
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Gas code
Administrative authority or official 82-172
Adopted 82-271
Amendments 82-173
Public service tax 70-26 et seq.
See:TAXATION
GENDER
Definitions and rules of construction 1-2
GIFTS
Purchasing procedure 2-226(b)
GLASS CONTAINERS
Park and recreation prohibitions 54-1
GRADES AND GRADING
Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE
Excavation and grading code 82-296,82-297
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE
Supp.No.7 CDi:12.1
J
J
J
Lire' CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Submission of construction plans Preliminary plat
and specifications 98-71 City review 98-45
Terms;revocation 98-76 Information required 98-41
Submission of data 98-81 Planning and zoning board proce-
Definitions 98-1 dures 98-46
Final plats Scale;proposals 98-43
Construction of 98-70(2) Time limit 98-47
Flood hazard standards 90-67 Topographic data 98-42
Improvements Purpose 98-2
Boundary line survey 98-93 Remedies 98-6
Design standards Variance
Alleys 98-110 Application 98-4(b)
Blocks 98-106 Conditions 98-4(e)
Bridges 98-116 Hardship 98-4(a)
Bulkheads or retainer walls 98-118 Prerequisites to granting 98-4(d)
Canal 98-117 Public hearing;notice 98-4(c)
Easements 98-108 Wetlands protection requiring subdivi-
Lots 98-107 sion plat 106-28
Potable water systems 98-112 Surface and storm drainage
Public sites and open spaces 98-109 Subdivision design standards 98-111
Sanitary sewer system 98-113 Surface water
Streets,roads and alleys Channeled into sanitary sewer 90-170
Generally 98-114 Swimming pools
Technical specifications 98-115 Code
Surface and storm drainage 98-111 Administrative authority or official.. 82-247
L Development and enforcement of pro- Adopted 82-246
visions 98-86 Threshold buildings 82-321 et seq.
Drainage 98-91 See herein:Buildings
Elevation 98-88 Topographic data
Final acceptance of work 98-94 Subdivision plat 98-42
Permanent markers 98-87 Traffic
Sewers 98-90 Concurrency management
Streets 98-92 Generally 86-1 et seq.
Water supply 98-89 See herein: Concurrency Manage-
Permits ment
Construction permits 98-69 et seq. Signs constituting traffic hazards 94-62(c)
See within this subheading: Con- Tree protection
struction Land clearing
Planning and zoning board Civil penalties 102-37
Final plats Criminal penalties 102-38
Recommendations of planning and Definitions 102-36
zoning board 98-61 List of recommended landscaping
Powers of 98-3 plants 102-44
Preliminary plats Open burning of natural covers 102-42
Planning and zoning board proce- Permits
dure 98-46 Development order 102-39(b)
Plats Exemptions 103-40
Final plat Land clearing permit 102-39(d)
Application for approval 98-60 Notice 102-39(a)
Conformance to preliminary plat . 98-56 Survey permit 102-39(c)
Data required for final approval.. 98-58 Protection of trees and vegetative buff-
Documents required prior to ap- ers
proval 98-59 Development size thresholds 102-41(a)
Number of copies 98-57 Inspections 102-41(e)
Planning and zoning board recom- Preservation thresholds 102-41(b)
mendations 98-61 Relocation of trees 102-41(f)
L Recording 98-62 Removal criteria 102-41(c)
Preapplications Replacement criteria 102-41(d)
Review procedures 98-36 Revegetation 102-43
Supp.No. 7 CDi:21
CAPE CANAVERAL CODE
......)
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Undesirable species,list of 102-45 R-2 Medium Density Residential Dis-
Undesirable species,list of 102-45 trict 110-293
Unsafe building abatement code R-3 Medium Density Residential Dis-
Administrative authority or official.... 82-57 trict 110-313
Adopted 82-56 Residential planned unit develop-
Amendments 82-58 ments 110-439
Variances Administrative review
Stormwater management 90-121 Appeal notice,hearing 110-29(b)
Subdivisions 98-4 Authority 110-29(a)
Vegetation Stay of proceedings 110-29(c)
Tree protection 102-26 et seq. Alcoholic beverages
See herein:Tree Protection Special exceptions for establishments
Vegetation buffers serving 110-171
Stormwater management Amendments
Native vegetation buffers 90-177 Authority 110-136
Vehicles Limitation 110-138
Signs on 94-6(f) Procedure 110-137
Velocity pressure Reconsideration of district boundary
Coastal construction code 82-89(a) changes 110-139
Vested rights Annexations
Concurrency management 86-13 Zoning classification of 110-256
Water supply Antenna
Subdivision improvements 98-89 Residential use/Satellite dishes 110-478
Waterways Wireless communications 110-483
Wetlands protection 106-26 et seq. Area
See herein:Wetlands Protection C-1 Low Density Commercial District 110-336
,...)Wave forces Dimension or area reduction below
Coastal construction code 82-89(c) minimum 110-254
Wetlands protection M-1 Light Industrial and Research
Definitions 106-26 and Development District 110-356
Development requiring site plan or sub- R-1 Low Density Residential District 110-276
division plat 106-28 R-3 Medium Density Residential Dis-
Mitigation 106-31 trict 110-316
Permitted uses 106-29 Residential planned unit develop-
Prohibited uses 106-30 ments
Purpose and intent 106-27 Minimum lot area 110-439
Wind pressure and dead load Reuse of area used for density calcu-
Signs 94-9 lation 110-253
Zoning Townhouses 110-372
Access Atomic energy uses 110-480
C-1 Low Density Commercial District 110-339 Board of adjustment
Generally 110-472 Administrative review
Offstreet parking 110-493 Appeal notice,hearing 110-29(b)
R-1 Low Density Residential District 110-278 Authority 110-29(a)
R-2 Medium Density Residential Dis- Stay of proceedings 110-29(c)
trict 110-298 Appeals from board 110-35
R-3 Medium Density Residential Dis- Decisions 110-32
trict 110-318 Established; composition; qualifica-
Accessories tions 110-26
Swimming pools 110-583 Indebtedness 110-30
Accessory uses and structures Powers and duties 110-28
C-1 Low Density Commercial District 110-333 Proceedings 110-27
C-2 Commercial/Manufacturing Dis- Reconsideration of administrative re-
trict 110-382 view,special exception variance 110-33
Generally 110-468 Special exceptions
M-1 Light Industrial and Research Applicants for 110-31
and Development District 110-353 Applications;procedures 110-46
R-1 Low Density Residential District 110-273 Expiration 110-48
Supp.No. 7 CDi:22
(111610,
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Permissible by 110-294 et seq. Parking and loading 110-389
See within subheading: Special Performance standards 110-388
Exceptions By Board of Ad- Principal uses and structures 110-381
justment Prohibited uses and structures 110-384
Written findings certifying compli- Special exceptions permissible by
ance 110-47 board of adjustment 110-383
Variances Camping equipment
Applications;procedures 110-31, 110-62 Location of 110-551
Generally 110-61
Violation of conditions of special ex- Camping equipment,boats and boat trail-
ceptions or variance 110-34 ers,location of 110-551
Boats and boat trailers Certificate of occupancy
Living aboard 110-552 Hotels and motels 110-122
Location of 110-551 Required 110-121
Bonding Commercial districts
Residential planned unit develop- C-1 Low Density Commercial District 110-331 et seq.
ments 110-407 See within subheading: C-1 Low
Boundaries Density Commercial District
Reconsideration of district boundary C-2 Commercial/Manufacturing Dis-
changes 110-139 trict 110-380 et seq.
Rules for interpretation of district See within this subheading: C-2
boundaries 110-248 Commercial/Manufacturing
Breeze requirements District
R-3 Medium Density Residential Dis- Landscaping and screening for 110-566
trict, minimum breeze require- Commercial uses
meat 110-319 Buildings required for 110-481
Building official Common recreation and open space
Duties of 110-88 Residential planned unit develop-
Building permits meats,minimum 110-404, 110-
Residential planned unit develop-
438
ments 110-406 Complaints of violations 110-90
Townhouses 110-378 Conflicts with other ordinances 110-86
Buildings Conformity to plans, specifications, in-
Lot and street requirements for 110-255 tendment uses and applications .. 110-91
Nonconforming structures 110-193
Nonconforming uses of structures or Construction
of structures and premises in Swimming pools 110-581
combination 110-195 Courts,minimum width of 110-473
Required for commercial uses 110-481 Dedication
Setback lines 110-536 Public easement 110-477
Structures approved by special excep- Public land 110-476
tions 110-161 Definitions 110-1
C-1 Low Density Commercial District Density
Accessory uses and structures 110-333 C-1 Low Density Commercial District 110-331 et seq.
Area and dimensions 110-336 See within subheading: C-1 Low
Intent 110-331 Density Commercial District
Landscaping, screening and parking 110-338 R-1 Low Residential District 110-271 et seq.
Minimum setbacks 110-337 See within subheading: R-1 Low
Offstreet parking and access 110-339 Residential District
Principal uses and structures 110-332 R-2 Medium Density Residential Dis-
Prohibited uses and structures 110-335 trict 110-291 et seq.
Special exceptions permissible by See within subheading: R-2 Me-
board of adjustment 110-334 dium Density Residential Dis-
C-2 Commercial/Manufacturing District trict
Accessory uses and structures 110-382 R-3 Medium Density Residential Dis-
Area and dimensions 110-385 trict 110-311 et seq.
Le Intent 110-380 See within subheading: R-3 Me-
Landscaping, screening and parking 110-387 dium Density Residential Dis-
Minimum setbacks 110-386 trict
Supp.No. 7 CDi:23
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Residential planned unit develop- Unusual uses or uses not specifically
ments permitted 110-257
Maximum density 110-437 Drainage systems
Reuse of area used for density calcu- Residential planned unit develop-
lation 110-253 ments 110-404
Development districts Dune crossovers
M-1 Light Industrial and Research R-3 Medium Density Residential Dis-
and Development District 110-351 et seq. trict 110-320
See within this subheading: MA Easements
Light Industrial and Research Dedicated public easements 110-477
and Development District Enclosures
Development plans Swimming pools 110-582
Residential planned unit develop- Encroachments
ments 110-421 et seq. Setbacks 110-328
See within this subheading: Resi- Enforcement of provisions 110-87
dential Planned Unit Devel- Fences,walls and hedges 110-470
opments Floor area
Development schedule Residential planned unit develop-
Townhouses 110-379 ments,minimum 110-441
Development standards Frontage
Residential planned unit develop- Residential planned unit develop-
ments 110-444 menta 110-439
Dimensions Garage sales 110-467
C-1 Low Density Commercial District 110-336 Height
M-1 Light Industrial and Research District 110-251
and Development District 110-356
Offstreet loading 110-507 Exceptions to regulations 110-471
J
R-1 Low Density Residential District 110-276 Home occupations
R-2 Medium Density Residential Dis- Occupational license required 110-523
trict 110-296 Permitted home occupations 110-521
R-3 Medium Density Residential Dis- Requirements 110-522
trict 110-316 Hotels and motels
Townhouses 110-372 Certificate of occupancy 110-122
Districts Individually platted lots
Annexations, zoning classification of 110-256 Townhouses 110-377
Application of district requirements. 110-249 Industrial districts
Conformity 110-250 Landscaping and screening for 110-566
Dimension or areas reduction below M-1 Light Industrial and Research
minimum 110-254 and Development District 110-351 et seq.
Duplicate use of setbacks,open space, See this subheading. M-1
parking space 110-252 Light Industrial and Research
Lot and street requirements for struc- and Development District
tures 110-255 Intersections
Official zoning map Visibility at 110-469
Adopted 110-246 Land
Replacement 110-247 Nonconforming uses of 110-194
Preservation of trees in all districts. 110-568 Landscaping and vegetation
Reconsideration of district boundary C-1 Low Density Commercial District 110-338
changes 110-139 C-2 Commercial/Manufacturing Dis-
Regulations for specific districts. See trict 110-387
within specific districts as in- Interior landscaping for offstreet park-
dexed ing areas 110-567
Reuse of area used for density calcu- Landscaping and screening for com-
lations 110-253 mercial and industrial zoning
Rules for interpretation of district districts 110-566
boundaries 110-248 M-1 Light Industrial and Research
Structure,height, maximum use, lot and Development District 110-358
area,setbacks 110-251 Preservation of trees in all districts. 110-568
Supp.No. 7 CDi:24
Lor
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Length of structures R-3 Medium Density Residential Dis-
Residential planned unit develop- trict 110-311 et seq.
ments,maximum 110-440 See within subheading: R-3 Me-
Light industrial districts dium Density Residential Dis-
M-1 Light Industrial and Research trict
and Development District 110-351 et seq. Mobile home parks
See within this subheading: M-1 Nonconforming uses 110-192
Light Industrial and Research Nonconformities
and Development District Intent 110-191
Loading Mobile home parks single-family mo-
M-1 Light Industrial and Research bile home districts 110-192
and Development District 110-360 Nonconforming structures 110-193
Location Nonconforming uses of land 110-194
Offstreet loading 110-507 Nonconforming uses of structures or
Recreational vehicles,camping equip- of structures and premises in
ment,boats and boat trailers 110-551 combination 110-195
Spaces Repairs and maintenance 110-196
Offstreet parking 110-492 Temporary uses 110-197
Swimming pools 110-581 Number of spaces
Lots Offstreet parking 110-491
Area Occupational license
District 110-251 Home occupation requirements 110-523
Residential planned unit develop-
Official zoning map
menta 110-439 Adopted 110-246
Erection of more than one principal Replacement 110-247
structure on 110-537 Offstreet loading
Requirements for structures 110-255 Location and dimensions of space... 110-507
Low density commercial district Requirements spaces 110-506
C-1 Low Density Commercial District 110-331 et seq. Offscres parking
Access 110-493
See within subheading: C-1 Low C-1 Low Density Commercial District 110-339
Density Commercial District Interior landscaping for offstreet park-
Low density residential district
Mg areas 110-567
R-1 Low Residential District 110-271 et seq. Location spaces 110-492
See within subheading: R-1 Low Number of spaces required 110-491
Density Residential District R-1 Low Density Residential District 110-278
M-1 Light Industrial and Research and R-2 Medium Density Residential Dis-
Development District trict 110-298
Accessory uses and structures 110-353 R-3 Medium Density Residential Dis-
Area and dimension 110-356 trict 110-318
Intent 110-351 Residential planned unit develop-
Landscaping, screening and parking 110-358 ments 110-442
Minimum setbacks 110-357 Townhouses 110-374
Parking and loading 110-360 Open space
Performance standards 110-359 Duplicate use of 110-252
Principal uses and structures 110-352 Parking
Prohibited uses and structures 110-355 C-1 Low Density Commercial District 110-338
Special exceptions permissible by C-2 Commercial/Manufacturing Dis-
board of adjustment 110-354 trict 110-387, 110-
Maximum use 389
Certain vehicles 110-554
District 110-251 M-1 Light Industrial and Research
Medium density residential district and Development District 110-358, 110-
R-2 Medium Density Residential Dis- 360
trict 110-291 et seq. Parking space
Liiiie See within subheading: R-2 Me Duplicate use of 110-252
dium Density Residential Dis-
Paving of vehicular use area 110-555
trio Penalties for violations 110-89
Supp.No.7 CDi:25
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Performance standards Special exceptions permissible by
Application of 110-466 board of adjustment 110-274
M-1 Light Industrial and Research R-2 Medium Density Residential Dis-
and Development District 110-359 trict 110-296
Permissible uses and structures Accessory uses and structures 110-293
R-1 Low Density Residential District 110-272 Area and dimension 110-296
R-3 Medium Density Residential Dis- Intents 110-291
trict 110-312 Minimum setbacks 110-297
Permits Offstreet parking and access 110-298
Application 110-107 Principal uses and structures 110-292
Expiration 110-108 Prohibited uses and structures 110-295
Required 110-106 Special exceptions permissible by
Permitted home occupation 110-521 board of adjustment 110-294
Permitted uses R-3 Medium Density Residential Dis-
Residential planned unit develop-
trict
menta 110-403 Accessory uses and structures 110-313
Townhouses 110-371 Areas and dimensions 110-316
Physical review Dune crossovers required 110-320
Residential planned unit develop- Intent 110-311
ments 110-405 Minimum breeze requirement 110-319
Preservation Minimum setbacks 110-317
Residential planned unit develop- Offstreet parking and access 110-318
ments 110-445 Principal uses and structures 110-312
Prohibited uses and structures 110-315
Trees Special exception permissible by board
All districts 110-568 of adjustment 110-314
Townhouses 110-376 Recreational vehicles
Principal uses and structures Location of 110-551 ''',4g)
C-1 Low Density Commercial District 110-332 Regulations pertaining to specific dis-
C-2 Commercial/Manufacturing Dis- tricts. See within specific districts
trict 110-381 as indexed
M-1 Light Industrial and Research Repairs and maintenance
and Development District 110-352 Nonconformities 110-196
R-2 Medium Density Residential Dis- Research and development districts
trict 110-292 M-1 Light Industrial and Research
Private roads and other related common and Development District 110-351 et seq.
facilities See within this subheading: M-1
Residential planned unit develop- Light Industrial and Research
ments 110-404 and Development District
Prohibited uses and structures Residential districts
C-2 Commercial/Manufacturing Dis- R-1 Low Density Residential District 110-271 et seq.
trict 110-384 See within subheading: R-1 Low
M-1 Light Industrial and Research Density Residential District
and Development District 110-355 R-2 Medium Density Residential Dis-
R-1 Low Density Residential District 110-275 trict 110-291 et seq.
R-2 Medium Density Residential Dis- See within subheading: R-2 Me-
trict 110-295 dium Density Residential Dis-
R-3 Medium Density Residential Dis- trict
trict 110-315 R-3 Medium Density Residential Dis-
Public land trict 110-311 et seq.
Dedicated 110-476 See within subheading: R-3 Me-
R-1 Low Density Residential District dium Density Residential Dis-
Accessory uses and structures 110-273 trict
Area and dimensions 110-276 Residential planned unit developments
Intent 110-271 Bonding 110-407
Minimum setbacks 110-277 Building permit 110-406
Offstreet parking and access 110-278 Common open space, drainage sys-
Principal uses and structures 110-272 tems, private roads and other
Prohibited uses and structures 110-275 related common facilities 110-404
Supp.No.7 CDi:26
LIMIle
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Development plans Sewage disposal 110-479
Application 110-421 Sidewalks
Procedure for approval of final de- Required 110-475
velopment plan 110-423 Signs 94-64(a)
Procedure for receiving approval of Single-family mobile home districts
preliminary development plan Nonconformities 110-192
and tentative zoning 110-422 Site plans
Enforcement 110-409 Criteria required 110-222
Land use regulations Expiration 110-224
Development standards 110-444 Review procedures 110-223
Maximum density 110-437 Submittal and review required 110-221
Maximum length of structures ... 110-440 Special exceptions
Minimum common recreation and Alcoholic beverages
open space 110-438 Establishment serving alcoholic
Minimum floor area 110-441 beverages 110-171
Minimum lot area; frontage; set- Structures and uses approved by spe-
backs;accessory uses 110-439 cial exception 110-161
Minimum size 110-436 Special exceptions permissible by board
Offstreet parking 110-442 of adjustment
Preservation of trees 110-445 C-1 Low Density Commercial District 110-334
Underground utilities 110-443 M-1 Light Industrial and Research
Permitted uses 110-403 and Development District 110-354
Physical review 110-405 R-1 Low Density Residential District 110-274
Purpose and intent 110-402 R-2 Medium Density Residential Dis-
Termination zone 110-408 trict 110-294
Residential use antennas 110-478 R-3 Medium Density Residential Dis-
Rezoning. See within this subheading: trict 110-314
Amendments Storing
Satellite dishes 110-478 Certain vehicles 110-554
Schedule of fees,charges and expenses. 110-92 Streets
Screening Requirements for structures 110-255
C-1 Low Density Commercial District 110-338 Structures.See within subheading.Build-
C-2 Commercial/Manufacturing Dis- ings
trict 110-387 Swimming pools
Commercial and industrial districts 110-566 Accessories 110-583
M-1 Light Industrial and Research Construction and location 110-581
and Development District 110-358 Enclosure 110-582
Setbacks Minimum setbacks 110-584
Building setback lines 110-536 Temporary uses
C-1 Low Density Commercial Dis- Nonconformities 110-197
trict,minimum setbacks 110-337 Termination zone
C-2 Commercial/Manufacturing District 110-386 Residential planned unit develop-
District 110-251 ments 110-408
Duplicate use of 110-252 Towers
Encroachments 110-538 Wireless communications 110-483
Erection of more than one principal Townhouses
structure on lot 110-537 Area and dimensions 110-372
M-1 Light Industrial and Research Building permit 110-378
and Development District 110-357 Development schedule 110-379
R-1 Low Density Residential District, Individually platted lots 110-377
minimum setbacks 110-277 Minimum setbacks 110-373
R-2 Medium Density Residential Dis- Offstreet parking 110-374
trict 110-297 Permitted use 110-371
R-3 Medium Density Residential Dis- Preservation of trees 110-376
trict,minimum setbacks 110-317 Utilities 110-375
Residential planned unit develop- Underground utilities
C61101. menta 110-439 Residential planned unit develop-
Swimming pools,minimum 110-584 ments 110-443
Townhouses,minimum setbacks .... 110-373 Required 110-482
Supp.No.7 CDi:27
CAPE CANAVERAL CODE
.....)
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LIBRARY(Cont'd.)
Unusual uses or uses not specifically Impact fees generally 2-231 et seq.
permitted 110-257 See:IMPACT FEES
Uses Library board
Approved by special exceptions 110-161 Amendment of bylaws 46-28
Utilities Created;composition;terms;chairman46-26
Townhouses 110-375 Indebtedness 46-33
Underground,required 110-482 Liability of city limited 46-31
Vegetation.See within this subheading: Meetings 46-30
Landscaping or Vegetation Quorum;bylaws,rules and regulations;
Vehicles and vessels expenditures 46-27
Living aboard boats 110-552 Reports to council 46-32
Living or residing in boats, utility Vacation of office 46-29
trailers,recreational vehicles and
special purpose vehicles 110-553 LICENSES AND PERMITS
Location of recreational vehides,camp- Adult entertainment
ing equipment, boats and boat License for establishment 10-111 et seq.
trailers 110-551 See:ADULT ENTERTAINMENT
Parking and storage of certain vehi- Occupational license required 10-49
des 110-554 Permit for employees 10-136 et seq.
Paving of vehicular use areas 110-555 See:ADULT ENTERTAINMENT
Vehicular use areas,paving of 110-555 Permit requirements 10-61 et seq.
Vessels.See within this subheading:Ye- See:ADULT ENTERTAINMENT
hides and Vessels Alarm systems 30-46 et seq.
Visibility at intersections 110-469 See:ALARM SYSTEMS
Water areas 110-474
Width Building permits
Courts,minimum width of 110-473 Land development code regulations.... 82-2 et seq.
Wireless communications towers and an- See:LAND DEVELOPMENT CODE
tennas 110-483 Building sewers
Zoning districts. See herein:Zoning Permit for connections 78-77
Coastal construction code 82-86
LANDSCAPING Community appearance review board
Appearance and maintenance 34-99 Permits
Beautification board 2-181 et seq. Appeals and review 22-46
See:BEAUTIFICATION BOARD Application criteria 22-44
Land development code regulations re zon- Approval prerequisite for permits 22-40
ing 110-26 et seq. Building permits;enforcement 22-47
See:LAND DEVELOPMENT CODE Notice of approval or denial 22-43
Sanitary sewer system 78-26 et seq. Concurrency management system 86-1 et seq.
See: SEWERS AND SEWAGE DIS- See:LAND DEVELOPMENT CODE
POSAL Excavations
Tree protection,land clearing 102-36 et seq. Street excavation permit requirements. 66-81 et seq.
See:LAND DEVELOPMENT CODE See: STREETS, SIDEWALKS AND
LAW ENFORCEMENT OTHER PUBLIC WAYS
Alarm systems generally 30-26 et seq. Fees schedule in general. See: FEES (Ap-
See:ALARM SYSTEMS pendia B)
Impact fees generally 2-231 et seq. Fireworks,application for permits 38-83, 38-84
See:IMPACT FEES Flood damage prevention 90-26 et seq.
Police department 42-26 See:LAND DEVELOPMENT CODE
Land development code regulations re zon-
LEASES ing 110-26 et seq.
Certain ordinances not affected by Code.. 1-10(a)(2) See:LAND DEVELOPMENT CODE
City attorney Motion and still photography production
Duties 2-126(6) permits 16-60 et seq.
See:PHOTOGRAPHY
LIBRARY Occupational license tax 70-66 et seq.
Established 46-1 See:TAXATION
Fees schedule in general. See: FEES(Ap- Political signs 94-78
pendia B) Sewer impact fee requirements 78-125
Supp.No. 7 CDi:28
CODE INDEX
Section Section
LICENSES AND PERMITS(Cont'd.)
Signs
Land development code regulations94-1 et seq.
See:LAND DEVELOPMENT CODE
Solar energy permit fee 82-222
Solicitors, peddlers and itinerant mer-
chants permit requirement 16-51 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Street excavation permit requirements 66-81 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Tree protection,land clearing 102-39, 102-40
Vehicles for hire
Certificate of public convenience and
necessity license 80-26 et seq.
See:VEHICLES FOR HIRE
Driver's permit 80-51 et seq.
See:VEHICLES FOR HIRE
Licenses and fees to be in addition to
other taxes and charges 80-3
Wastewater discharge permits 78-98
LIENS
Abandoned property
Collection of lien on private property re
towing,storage,expenses 34-188
LIFE SAFETY CODE. See: FIRE PREVEN-
TION
LIGHT INDUSTRIAL DISTRICT
Land development code regulations re zon-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
LIGHTS AND LIGHTING
Definitions 34-206
Electrical code 82-116 et seq.
See:LAND DEVELOPMENT CODE
Exceptions 34-210
Method of measurement 34-211
Penalty 34-208
(41tive
Supp.No.7 CDi:28.1
J
J
J
LEW
CODE INDEX
Section Section
PERSONNEL. See: OFFICERS AND EM- PLANNING AND DEVELOPMENT(Cont'd.)
PLOYEES Plan checking fee
Fees schedule in general. See: FEES
PHONOGRAPHS (Appendix B)
Noises,enumeration of prohibited 34-153(2) Planning and zoning board
PHOTOGRAPHY Alternate members 58-32
Motion and still photography production Beautification board, coordination with 2-185
permits Conflict of interest 58-29
Application for permit 16-66 Duties 58-34
City manager to act as agent for city .. 16-64 Established; organization;terms; chair-
Definitions 16-63 man 58-26
Nonexemption from other city Code re- Ex officio members 58-28
quirements 16-67 Indebtedness 58-36
Purposes 16-61 Master plan preparation and scope .... 58-35
Recovery of costs for extraordinary ser- Minutes 58-33
vices 16-68 Qualifications 58-27
Required 16-65 Quorum 58-31
Suspension and revocation 16-65 Rules of procedure 58-30
Title 16-60 Subdivisions
Violations and penalties 16-65 Land development code regulations . 98-1 et seq.
See: LAND DEVELOPMENT
PIPE LINES CODE
Franchise regulations in general. See: Sanitary sewer system 78-26 et seq.
FRANCHISES(Appendix A) See: SEWERS AND SEWAGE DIS-
POSAL
PLANNED UNIT DEVELOPMENTS Signs
(kralsof Land development code regulations re zon- Land development code regulations 94-1 et seq.
ing 110-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
PLANNING AND DEVELOPMENT OTHER PUBLIC WAYS
Beautification board 2-181 et seq. Subdivisions
See:BEAUTIFICATION BOARD Land development code regulations.... 98-1 et seq.
Business and cultural development board. 22-26 et seq. See:LAND DEVELOPMENT CODE
See: BUSINESS AND CULTURAL DE- Tree protection,land clearing 102-36 et seq.
VELOPMENT BOARD See:LAND DEVELOPMENT CODE
Community appearance review board .... 22-36 et seq.
See:COMMUNITY APPEARANCE RE- PLANT LIFE.See:WEEDS AND DEAD VEG-
VIEW BOARD ETATION
Comprehensive plan
Designation of agency,department,com- PLATS. See:SURVEYS,MAPS AND PLATS
mittee or person to prepare 58-58
Flood damage prevention 90-26 et seq. PLUMBING
See:LAND DEVELOPMENT CODE Adult entertainment establishments 10-165(b)
Franchise regulations in general. See: Fees schedule in general. See: FEES (Ap-
FRANCHISES(Appendix A) pendia B)
Impact fees generally 2-231 et seq. Flood damage prevention 90-26 et seq.
See:IMPACT FEES See:LAND DEVELOPMENT CODE
Land development code regulations re zon- Gas code 82-171 et seq.
ing 110-26 et seq. See:GAS CODE
See:LAND DEVELOPMENT CODE Plumbing code
Local planning agency Administrative authority or official.... 82-147
Designation and establishment 58-56 Adopted 82-146
Designation of agency,department,com- Amendments 82-148
mittee or person to prepare corn- Public service tax 70-26 et seq.
prehensive plan 58-58 See:TAXATION
Duties and responsibilities 58-57 Sanitary sewer system 78-26 et seq.
Master plan See: SEWERS AND SEWAGE DIS-
Preparation and scope by planning and POSAL
zoning board 58-35 Maintenance of plumbing system 78-35
Supp.No.7 CDi:33
CAPE CANAVERAL CODEJ
Section Section
POLES AND WIRES PUBLIC SERVICE TAX
Cable television franchise. See: FRAN- Generally 70-26 et seq.
CHISES(Appendix A) See:TAXATION
Signs
Land development code regulations.... 94-1 et seq. PUBLIC SEWERS.See:SEWERS AND SEW-
See:LAND DEVELOPMENT CODE AGE DISPOSAL
POLICE DEPARTMENT PUBLIC THOROUGHFARES.See:STREETS,
SIDEWALKS AND OTHER PUBLIC
Court costs for police education and train-
WAYS
ing 50-3
Fees schedule in general. See: FEES (Ap- PUBLIC VEHICLES
pendia B) Vehicles for hire 80-1 et seq.
Police department See:VEHICLES FOR HIRE
Duties of chief of police and/or precinct
supervisor 42-26 PUBLIC WAYS.See:STREETS,SIDEWALKS
Vehicles for hire AND OTHER PUBLIC WAYS
Receiving police radio calls prohibited; PUBLIC WORKS AND IMPROVEMENTS
radios which may be used 80-81 Beautification board 2-181 et seq.
POLITICAL SIGNS See:BEAUTIFICATION BOARD
Signs Certain ordinances not affected by Code 1-10(aX11)
Land development code regulations.... 94-1 et seq. Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq.
PRIVATE CLUBS See:LAND DEVELOPMENT CODE
Human rights,discrimination prohibited . 40-28 Franchise regulations in general. See:
FRANCHISES(Appendix A)
PROCEEDINGS.See:SUITS,ACTIONS AND Land development code regulations re zon-
OTHER PROCEEDINGS ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
PROFESSIONS Local planning agency 58-56 et seq.
Occupational license tax 70-66 et seq. See:PLANNING AND DEVELOPMENT
See:TAXATION Public service tax generally 70-26 et seq.
See:TAXATION
PROPERTY Signs
Abandoned property generally 34-180 et seq. Land development code regulations.... 94-1 et seq.
See:ABANDONED PROPERTY See:LAND DEVELOPMENT CODE
Litter Street excavations 66-61 et seq.
Notice and order for removal from pri- See: STREETS, SIDEWALKS AND
vate property 34-67 OTHER PUBLIC WAYS
Signs Subdivisions
Land development code regulations 94-1 et seq. Land development code regulations.... 98-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
PROPERTY MAINTENANCE STANDARDS See: WEEDS AND DEAD VEGETA-
Authority 34-92 TION
Building appearance and maintenance 34-98 Wetlands protection 106-26 et seq.
Definitions 34-91 See:LAND DEVELOPMENT CODE
Duties and responsibilities for mainte-
nance 34-97 PURCHASES AND PURCHASING
Enforcement 34-95 Availability of funds 2-225
Landscape appearance and maintenance . 34-99 Award to other than low bidder 2-218(7)
Purpose 34-94 Bid deposits 2-218(3)
Scope 34-93 Bid opening 2-218(4)
Sign appearance and maintenance 34-100 Blanket purchase orders 2-224
Standards established 34-96 City bidders list 2-218(2)
Cooperative purchasing 2-222
PUBLIC NUDITY.See:NUDITY Definitions 2-216
Emergency purchase 2-221
PUBLIC RECORDS. See: RECORDS AND Franchise regulations in general. See:
REPORTS FRANCHISES(Appendix A)
Supp.No.7 CDi:34
Lise'
CODE INDEX
Section Section
PURCHASES AND PURCHASING(Cont'd.) RECORDS AND REPORTS(Cont'd.)
Ineligible contractors 2-218(6) Vehicles for hire
Notice 2-218(1) Maintenance of records 80-85
Open market purchase procedures 2-219 Report to accidents 80-88
Performance bond 2-218(9)
Procedure 2-218 RECREATION. See: PARKS AND RECRE-
Prohibition of interest ATION
Financial interest 2-226(a) RECYCLABLE MATERIALS
Gifts and rebates 2-226(b)
Purpose 2-217 Residences 62-9(b)
Rejection of bids 2-218(5) Solid waste generally 62-1 et seq.
Sole source 2-220 See:SOLID WASTE
Subdivision,prohibition against 2-223 REFUSE.See: SOLID WASTE
Tie bids 2-218(8)
Utilities service REGULAR MEETINGS
Purchase of 70-33 City council 2-56
Without collecting public service tax,
purchase of 70-37 RESIDENTIAL DISTRICTS
Land development code regulations re zon-
PYROTECHNICS.See:FIREWORKS ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
ft Signs 94-96 et seq.
RACIAL DISCRIMINATION Solid waste
Human rights,discrimination prohibited . 40-28 Fees schedule in general. See: FEES
(Appendix B)
RADIOLOGICAL WASTE.See:SOLID WASTE
RESIDENTIAL PLANNED UNIT DEVELOP-
RADIOS MENTS
Noises,enumeration of prohibited 34-153(2) Land development code regulations re zon-
Vehicles for hire ing 110-26 et seq.
Receiving police radio calls prohibited; See:LAND DEVELOPMENT CODE
radios which may be used 80-81
REVENUES OF CITY.See:FINANCES
RAILROADS AND TRAINS
Franchise regulations in general. See: REZONING
FRANCHISES(Appendix A) Certain ordinances not affected by Code.. 1-10(a)(9)
RECORDS AND REPORTS RIGHTS
Adult entertainment licenses 10-125 Certain ordinances not affected by Code.. 1-10(a)(4)
Alarms Code does not affect prior rights estab-
Reports required 30-31 lished or occurring 1-8
City clerk
Duties 2-116(1) ROAD SIGNS
Franchise regulations in general. See: Signs
FRANCHISES(Appendix A) Land development code regulations.... 94-1 et seq.
Litter abatement 34-66 See:LAND DEVELOPMENT CODE
Occupational license tax
Form signing of licenses;report of infor- ROBBERY ALARMS.See:ALARM SYSTEMS
mation 70-70
Records of issued licenses 70-86 RUBBISH.See:SOLID WASTE
Records of licensees 70-87
Sewers s
Industrial or commercial wastewater
monitoring reporting re discharges 78-100 SALES
Solicitors, peddlers and itinerant mer- Adult entertainment establishments
chants Sale to minors 10-170
Permit record 16-53 Utility service without collection of public
Report of violations 16-31 service tax 70-40
Subdivisions
Land development code regulations.... 98-1 et seq. SANITARY SEWER SYSTEM.See:SEWERS
See:LAND DEVELOPMENT CODE AND SEWAGE DISPOSAL
Supp.No.7 CDi:35
CAPE CANAVERAL CODE
Section Section
SCREENS AND SCREENING SEWERS AND SEWAGE DISPOSAL(Cont'd.)
Property maintenance standards 34-91 et seq. Elevations 78-82
See: PROPERTY MAINTENANCE Excavations 78-83
STANDARDS Notice of inspection and connection 78-79
sewerSEA TURTLES.See:ANIMALS AND FOWL Per buildingrmit for connections
SEAL OF CITY Application 78-77(b)
City clerk Required 78-77(a)
Duties 2-116(1) Public sewers,connection to 78-85
Separate sewers for each building78-76
SEPTIC TANKS Specifications 78-81
Sanitary sewer requirements 78-34 Definitions 78-51
SERGEANT AT ARMS Discharges
Fees 78-99
City council 2-63 General prohibitions and limitations 78-96
SETBACKS Industrial or commercial wastewater
Land development code regulations re zon- monitoring and reporting 78-100
ing 110-26 et seq. Permission to use sewer system;waste-
See:LAND DEVELOPMENT CODE water discharge permit 78-98
Prohibited wastes,control of 78-97
SEWERS AND SEWAGE DISPOSAL Wastewater discharge permit 78-98
Building sewers and connections.See herein: Emergency,termination of service in78-58
Industrial and Commercial Use Enforcement;authority;minimum stan-
Commercial use.See herein:Industrial and dards 78-53
Commercial Use Inspectors
Concurrency management 86-1 et seq. Power and authority of 78-56
See:LAND DEVELOPMENT CODE Judicial remedies 78-61
Connection with sewer Public sewers,use of required 78-55
Late connection charge 78-28 Publication of significant violation 78-62 ...)
Required 78-27 Purpose 78-52
Unlawful connection 78-29 Rates and charges
Crossing property of another to make con- Surcharge for abnormal strength
nections 78-39 wastes 78-111
Deposit required 78-151 Right of refusal 78-57
Disposal 78-33 Land development code regulations re zon-
Failure to maintain plumbing system 78-36 ing 110-26 et seq.
Fees schedule in general. See: FEES(Ap- See:LAND DEVELOPMENT CODE
pendia B) Maintenance of plumbing system 78-35
Free service 78-37 Monthly sewer rates 78-152
Impact fees Old plumbing,connecting 78-31
Change of use 78-128 Payment of sewer charges required 78-153
Cost of living increase 78-129 Penalties 78-26
Established 78-121 Private water supply
Excessive quantity of wastewater 78-123 Sewer fees where owner has 78-154
Full payment required prior to issuance Public service tax generally 70-26 et seq.
of certificate or license 78-125 See:TAXATION
Generally 2-231 et seq. Rates and charges
See:IMPACT FEES Monthly sewer rates 78-152
Offsite sewage plumbing 78-131 Payment of sewer charges required.... 78-153
Payment 78-122 Sewer fees where owner has private
Port Canaveral customers 78-130 water supply 78-154
Use of funds 78-127 Sanitary requirements 78-32
Industrial and commercial use Separate connection for each separate build-
Administrative enforcement procedures 78-59 ing 78-38
Administrative penalties 78-60 Septic tanks 78-34
Applicability of provisions 78-54 Sewer fees where owner has private water
Building sewers and connections supply 78-154
Connecting sources of surface runoff Subdivisions
....)
or groundwater 78-84 Land development code regulations.... 98-1 et seq.
Cost of installation;indemnification 78-78 See:LAND DEVELOPMENT CODE
Supp.No. 7 CDi:36
LI11010f. CODE INDEX
Section Section
SEWERS AND SEWAGE DISPOSAL(Cont'd.) SOLID WASTE(Cont'd.)
Unlawful connection 78-29 Containers
Unlawful construction 78-30 Required 62-8
Wastewater discharge permits 78-98 Definitions 62-1
Fees schedule in general. See: FEES (Ap-
SEXUAL DISCRIMINATION
pendix B)
Human rights,discrimination prohibited . 40-28 Ownership by city 62-4
SHOPPING CENTERS Penalties 62-2
Signs Proper disposal prerequisite to collection 62-10
Land development code regulations.... 94-1 et seq. Public nuisances prohibited
See:LAND DEVELOPMENT CODE Dead plants,refuse, debris
Yards,etc.,to be kept free of 34-122
SHOUTING Regulations on file 62-12
Noises,enumeration of prohibited 34-153(4) Residential solid waste pickup conditions
Location of solid waste containers 62-9(f)
SHOWS Pickup 62-9(e)
Adult entertainment Recyclable material 62-9(b)
Generally 10-46 et seq. Separation of solid waste 62-9(a)
See:ADULT ENTERTAINMENT Solid waste 62-9(d)
SIDEWALKS. See: STREETS, SIDEWALKS Yard waste 62-9(c)
AND OTHER PUBLIC WAYS Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS-
SIGNS AND BILLBOARDS POSAL
Fees schedule in general. See: FEES(Ap- Schedule of fees 62-5
pendix B) Transporting 62-7
Handbills Tree protection,land clearing 102-36 et seq.
LI
Litter regulations 34-51 et seq. See:LAND DEVELOPMENT CODE
See:UTTER acts
Property maintenance standards Burning or burying of solid waste 62-11(c)
Sign appearance and maintenance 34-100 Container of another 62-11(b)
Specific regulations pertaining signs 94-1 et seq. Hazardous materials 62-11(f)
See: SIGNS AND BILLBOARDS Obstruction 62-11(a)
Truck routes,signs for 74-32 Unlawful accumulations 62-11(d)
Unlawful disposal 62-11(e)
SINGING
Noises,enumeration of prohibited 34-153(4) SOUND AMPLIFIERS
Noises,enumeration of prohibited 34-153(3)
SITE PLANS
Fees schedule in general. See: FEES(Ap- STANDARD FIRE PREVENTION CODE.See:
pendix B) FIRE PREVENTION
Land development code regulations re zon-
ing 110-26 et seq. STATE
See:LAND DEVELOPMENT CODE Abandoned property
Planning and zoning board 58-26 et seq. Notification of owner;following removal
See:PLANNING AND ZONING BOARD by city
SOLAR ENERGY STANDARDS Documentation filed with state 34-185(e)
Adopted 82-221 Adult entertainment
Compliance with building code 82-223 Compliance with state requirements... 10-163
Permit fee 82-222 Definitions and rules of construction 1-2
Election code adopted 26-1
SOLICITORS. See: PEDDLERS, CANVASS- Law
ERS AND SOLICITORS City attorney
Duties 2-126(3)
SOLID WASTE Misdemeanor acts adopted,penalty 50-1
City Parking,state law adopted 74-56
Authority to collect 62-3 Threshold buildings,state law adopted... 82-321
Ownership by city 62-4 Vehicles for hire
LW' Complaint procedure 62-6 Application of provisions to vehicle, op-
Concurrency management 86-1 et seq. erator regulator by state govern-
See:LAND DEVELOPMENT CODE ment 80-2
Supp.No.7 CDi:37
CAPE CANAVERAL CODE
Section Section
STORAGE STREETS,SIDEWALKS AND OTHER PUB-
Abandoned vehicles on private property.. 34-181 LIC WAYS(Cont'd.)
Fireworks Franchise agreements 66-1
Storage of materials 38-87 Franchise regulations in general. See:
STORM DRAINAGE FRANCHISES(Appendix A)
Grades
Certain ordinances not affected by Code 1-10(a)(17) Certain ordinances not affected by Code 1-10(a)(10)
Subdivisions Handbills
Land development code regulations 98-1 et seq. Throwing or distributing in public places 34-51
See:LAND DEVELOPMENT CODE Impact fees generally 2-231 et seq.
STORMWATER MANAGEMENT See:IMPACT FEES
Coastal construction code 82-81 et seq. Land development code regulations re zon-
See:LAND DEVELOPMENT CODE ing 110-26 et seq.
Fees schedule in general. See: FEES (Ap- See:LAND DEVELOPMENT CODE
pendix B) Lighting 34-206 et seq.
Sanitary sewer system 78-26 et seq. See:LIGHTING
See: SEWERS AND SEWAGE DIS- Litter 34-26 et seq.
POSAL See:LITTER
Street excavations 66-61 et seq. Local planning agency 58-56 et seq.
See: STREETS, SIDEWALKS AND See:PLANNING AND DEVELOPMENT
OTHER PUBLIC WAYS Noise
Wetlands protection 106-26 et seq. Enumeration of prohibited 34-153(4)
See:LAND DEVELOPMENT CODE Numbering of buildings and property 82-366 et seq.
See:LAND DEVELOPMENT CODE
STREETS,SIDEWALKS AND OTHER PUB- Open containers
LIC WAYS Prohibited in motor vehicles 6-68
Adult entertainment Parks and recreation areas 54-1 et seq.
Covering glass areas facing public thor- See:PARKS AND RECREATION
oughfares 10-164 Property maintenance standards 34-91 et seq.
Alcoholic beverages See: PROPERTY MAINTENANCE
Possession and consumption 6-51 STANDARDS
Beach end streets Public service tax generally 70-26 et seq.
Camping prohibited 50-4 See:TAXATION
Beautification board generally 2-181 et seq. Right-of-way
See:BEAUTIFICATION BOARD Use agreements 66-1
Cable television franchise Camping prohibited 50-4
Conditions of street occupancy. See: Signs
FRANCHISES(Appendix A) Land development code regulations 94-1 et seq.
Certain ordinances not affected by Code.. 1-10(a)(5) See:LAND DEVELOPMENT CODE
Concurrency management system 86-1 et seq. Solicitors, peddlers and itinerant mer-
See: MOTOR VEHICLES AND TRAF- chants 16-26 et seq.
FIC See: PEDDLERS, CANVASSERS AND
Excavations SOLICITORS
City Solid waste generally 62-1 et seq.
Authority of city 66-64 See:SOLID WASTE
Right to restore surface 66-69 Transporting regulations 62-7
Cleanup 66-68 Street lights
Emergencies 66-70 Sea turtle regulations 14-57
Engineering details 66-66 Streets
Guarantee 66-67 Abandonment
Inspections 66-63 Authority 66-36
Liability of city 66-62 Ordinance required 66-39
Method of installation 66-65 Petition
Penalty 66-61 For action 66-37
Permit Procedure 66-38
Application 66-82 Civil liability for damage 66-26
Cash deposits 66-84 Speed bumps 66-27
Fee 66-83 Subdivisions
Required 66-81 Land development code regulations.... 98-1 et seq.
Fire lanes,designation of 74-62 See:LAND DEVELOPMENT CODE
Supp.No. 7 CDi:38
CODE INDEX
Section Section
STREETS,SIDEWALKS AND OTHER PUB- SURVEYS,MAPS AND PLATS
LIC WAYS(Cont'd.) Amendment to zoning map
Traffic Certain ordinances not affected by Code 1-10(aX9)
Certain ordinances not affected by Code 1-10(aX8) City engineer
Travel on other than streets or highways 74-1 Duties 2-151(1)
Tree protection,land clearing 102-36 et seq. Dedicating or accepting
See:LAND DEVELOPMENT CODE Certain ordinances not affected by Code 1-10(a)(12)
Trucks generally 74-26 et seq. Franchise regulations in general. See:
See: MOTOR VEHICLES AND TRAF- FRANCHISES(Appendix A)
FIC Outdoor entertainment permit require-
Weeds and vegetation 34-121 et seq. ments 10-62(2)
See: WEEDS AND DEAD VEGETA- Subdivisions
TION Land development code regulations 98-1 et seq.
Wetlands protection 106-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Truck routes,map of 74-31
Yelling,shouting,hooting,whistling,sing- SWEAR OR SWORN.See:OATH,AFFIRMA-
ing TION,SWEAR OR SWORN
SUBDIVISIONS SWIMMING POOLS
Beautification board generally 2-181 et seq. Land development code regulations re zon-
See:BEAUTIFICATION BOARD ing 110-26 et seq.
Dedicating or accepting See:LAND DEVELOPMENT CODE
Certain ordinances not affected by Code 1-10(aX12) Swimming pool code
Fees schedule in general. See: FEES(Ap- Administrative authority or official 82-247
pendix B) Adopted 82-246
Flood damage prevention 90-26 et seq.
(111011110" 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(a)(7)
Regulations re subdivisions 98-1 et seq. Fees schedule in general. See: FEES (Ap-
See:LAND DEVELOPMENT CODE pendix 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:PLANNING AND ZONING BOARD Certain ordinances not affected by Code 1-10(aXll)
Public service tax generally 70-26 et seq. Occupational license tax
See:TAXATION Contractors and subcontractors
Purchasing Special requirements for 70-85
Prohibition against subdivisions 2-223 Definitions 70-66
Sanitary sewer system 78-26 et seq. Delinquencies 70-76
See: SEWERS AND SEWAGE DIS- Engaging in business
POSAL Evidence of engaging in business 70-72
Street excavations 66-61 et seq. Without paying tax or making reports 70-71
See: STREETS, SIDEWALKS AND Exemptions 70-83
OTHER PUBLIC WAYS Insurance 70-84
Wetlands protection 106-26 et seq. Levied 70-67
See:LAND DEVELOPMENT CODE Licenses
Application for
SUITS,ACTIONS AND OTHER PROCEED- False statements in 70-73
INGS Businesses not otherwise designated,
Codes does not affect prior acts committed license tax for 70-88
or done 1-8 Display of license 70-79
Effect of repeal of ordinances on suits or Duplicate,issuance of 70-80
proceedings pending 1-9(b) Failure to obtain or renew license... 70-75
Form of licenses 70-70
SURFACE DRAINAGE Issuance
L Subdivisions Payment of tax prerequisite to 70-69
Land development code regulations.... 98-1 et seq. Records of issued licenses 70-86
See:LAND DEVELOPMENT CODE License year 70-74
Supp.No.7 CDi:39
CAPE CANAVERAL CODE
Section Section
TAXATION(Cont'd.) TECHNICAL CODES(Cont'd.)
Multiple licenses 70-78 Gas code 82-171 et seq.
Payment of tax prerequisite to issu- See:LAND DEVELOPMENT CODE
ance 70-69 Housing code 82-271 et seq.
Preservation of license 70-79 See:LAND DEVELOPMENT CODE
Records of licensees 70-87 Life Safety Code 38-28, 38-29
Report of information 70-70 Mechanical code 82-196 et seq.
Required 70-69 See:LAND DEVELOPMENT CODE
Separate license required for each National Fire Prevention Code 38-26,38-27
place of business 70.77 Plumbing code 82-146 et seq.
Signing of licenses 70-70 See:LAND DEVELOPMENT CODE
Term of license 70-74 Solar energy standards 82-221 et seq.
Transferability 70-81 See:LAND DEVELOPMENT CODE
Proration of tax 70-74 Standard Fire Prevention Code 38-30,38-31
Rate schedule 70-89 Swimming pool code 82-246,82-247
Records of licensees 70.87 See:LAND DEVELOPMENT CODE
Refunds 70-82 Unsafe building abatement code 82-56 et seq.
Tax payment date 70-74 See:LAND DEVELOPMENT CODE
Violations and penalties 70-68 TELEGRAPH SERVICES
Failure to obtain or renew license 70-75 Public service tax generally 70-26 et seq.
Public service tax See:TAXATION
Applicability 70-28
Appropriation of revenue 70-44 TELEPHONES
Authority;findings 70-27 Franchise regulations in general. See:
Collection 70-35 FRANCHISES(Appendix A)
Computation 70-32 Telephone alarm devices 30-32
Continuance of tax and appropriation.. 70-45
Definitions 70-26 TELEVISIONS
Discontinuance of utilities service 70-39 Franchise regulations in general. See:
Exemptions 70-30 FRANCHISES(Appendix A)
Failure to pay tax Noises,enumeration of prohibited 34-153(2)
Collected 70-38
Generally 70-42 TENSE
Levied 70-29 Definitions and rules of construction 1-2
Monthly computation 70-34 TIME
Payment 70-31 Computation of time
Payment of utilities service without pay- Definitions and rules of construction... 1-2
ment of tax 70-41
Penalty 70-43 TOPOGRAPHY
Purchase of utilities service Property maintenance standards 34-91 et seq.
Generally 70-33 See: PROPERTY MAINTENANCE
Without collecting tax 70-37 STANDARDS
Records 70-36 Subdivisions
Sale of utilities service without collec- Land development code regulations.... 98-1 et seq.
tion of tax 70-40 See:LAND DEVELOPMENT CODE
Vehicles for hire
Licenses and fees to be in addition to TORNADOS
other taxes and charges 80-3 Civil emergencies generally 18-1 et seq.
See:CIVIL EMERGENCIES
TAXICABS. See:VEHICLES FOR HIRE TOWING
TECHNICAL CODES Abandoned property
Amusement device code 10-26 Liability of owner for towing, storage
Building codes 82-1 et seq. expenses 34-188
See:LAND DEVELOPMENT CODE TOWNHOUSES
Coastal construction code 82-81 et seq. Land development code regulations re zon-
See:LAND DEVELOPMENT CODE
Mg 110-26 et seq.
Excavation and grading code 82-296,82-297 See:LAND DEVELOPMENT CODE
Fire prevention code 38-26 et seq.
See:FIRE PREVENTION TOXIC WASTE.See:SOLID WASTE
Supp.No. 7 CDi:40
Lose CODE INDEX
Section Section
TRADES UTILITIES(Cont'd.)
Occupational license tax 70-66 et seq. Reclaimed water 78-176 et seq.
See:TAXATION See:WATER SUPPLY AND DISTRIBU-
TION
TRAFFIC. See: MOTOR VEHICLES AND Sanitary sewer system 78-26 et seq.
TRAFFIC See: SEWERS AND SEWAGE DIS-
TRASH.See:SOLID WASTE POSAL
Service rate, deposits and billing proce-
TREASURER.See:CITY TREASURER dures
TREES AND SHRUBBERY Deposit required 78-151
Fees schedule in general. See: FEES(Ap- Monthly sewer rates 78-152
pendia B) Payment of sewer charges required 78-153
Impact fees generally 2-231 et seq. Sewer fees where owner has private
See: IMPACT FEES water supply 78-154
Tree protection Solar energy standards 82-221 et seq.
Land clearing 102-36 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Street excavations 66-61 et seq.
Weeds and vegetation 34-121 et seq. See: STREETS, SIDEWALKS AND
See: WEEDS AND DEAD VEGETA- OTHER PUBLIC WAYS
TION Swimming pool code 82-246,82-247
Threshold buildings 82-321 et seq.
TRUCKS See:LAND DEVELOPMENT CODE
Load regulations re litter 34-34 Wetlands protection 106-26 et seq.
Parking 74-60 See:LAND DEVELOPMENT CODE
Traffic regulations 74-26 et seq.
See: MOTOR VEHICLES AND TRAF- V
L111110'
FIC
TURTLES VEGETATION. See: WEEDS AND DEAD
Sea turtles 14-51 et seq. VEGETATION
See:ANIMALS AND FOWL VEHICLES FOR HIRE
Accidents
U Report of 80-88
UNSAFE BUILDING ABATEMENT CODE Alcoholic beverages 80-87
Administrative authority or official 82-57 Certificate of public convenience and neces-
Adopted 82-56 sity license
Amendments 82-58 Application 80-27
Approval 80-28
UTILITIES Burden of proof 80-29
Electrical code 82-116 et seq. Expiration 80-30
See:LAND DEVELOPMENT CODE Required 80-26
Excavation and grading code 82-296,82-297 Suspension and revocation 80-31
Flood damage prevention 90-26 et seq. Transfer 80-32
See:LAND DEVELOPMENT CODE Compliance with provisions 80-4
Franchise regulations in general. See: Cruising,soliciting business prohibited 80-83
FRANCHISES(Appendix A) Definitions 80-1
Gas code 82-171 et seq. Driver's attendance to vehicles 80-84
See:LAND DEVELOPMENT CODE Driver's permit
Housing code 82-271 et seq. Application 80-53
See:HOUSING Fees 80-55
Impact fees generally 2-231 et seq. Fees schedule in general. See: FEES
See:IMPACT FEES (Appendix B)
Land development code regulations re zon- Investigation;issuance,denial;posting. 80-54
ing 110-26 et seq. Penalty 80-52
See:LAND DEVELOPMENT CODE Required 80-51
Mechanical code 82-196,82-197 Surrender;revocation;suspension 80-57
Plumbing code 82-146 et seq. Transferability;term of validity 80-56
L See:LAND DEVELOPMENT CODE Federal or state government
Public service tax generally 70-26 et seq. Application to vehicles, operators regu-
See:TAXATION lated by 80-2
Supp.No.7 CDi:41
CAPE CANAVERAL CODE
'14110)
Section Section
VEHICLES FOR HIRE(Cont'd.) WATER SUPPLY AND DISTRIBUTION
Fees schedule in general. See: FEES (Ap- (Cont'd.)
pendia B) Policies and regulations adopted;cora-
Insurance 80-5 pliance required 78-191
Licenses and fees to be in addition to other Public employees liability 78-196
taxes and charges 80-3 Unauthorized use 78-199
Lost money or property 80-86 Unlawful connections or practices... 78-194
Maintenance of records 80-85 Irrigation usage rates 78-180
Nonpaying passengers with paying passen- Reclaimed water uses 78-178
gers,transporting of 80-80 Right to refuse service 78-181
Number of passengers carried 80-79 Sanitary sewer system 78-26 et seq.
Police radio calls,receiving prohibited;ra- See: SEWERS AND SEWAGE DIS-
dios which may be used 80-81 POSAL
Rates and charges Subdivisions
Charging rates in excess of established Land development code regulations.... 98-1 et seq.
rates 80-78 See:LAND DEVELOPMENT CODE
Schedule of 80-77 Swimming pool code 82-246,82-247
Report of accidents 80-88
Required equipment;standards WATERWAYS, WATERCOURSES. See:
Compliance 80-76(a) BOATS,DOCKS AND WATERWAYS
General mechanical condition; cleanli- WEEDS AND DEAD VEGETATION
nese;lighting 80-76(c) Fees schedule in general. See: FEES(Ap-
Letters,numbers required 80-76(e)
pendix B)
Mechanical inspection 80-76(d) Intent 34-121
Substitution of equipment 80-76(g) Notice to remedy nuisance 34-123
Taximeters 80-76(f) Public nuisance prohibited 34-122
Vehicle type,capacity 80-76(b) Records 34-127
Schedule rates and charges 80-77 Remedies by city 34-126
Stands,depots,terminals and parking.... 80-82 Tree protection,land clearing 102-36 et seq.
VESSELS. See: BOATS, DOCKS AND WA- See:LAND DEVELOPMENT CODE
TERWAYS
WETLANDS PROTECTION
W Specific regulations 106-26 et seq.
See:LAND DEVELOPMENT CODE
WASTEWATER WHISKEY.See:ALCOHOLIC BEVERAGES
Sewer impact fees
Excessive quantity of 78-123 WHISTLING
WATER SUPPLY AND DISTRIBUTION Noises,enumeration of prohibited 34-153(4)
Adult entertainment establishments 10-165(a)
WINE.See:ALCOHOLIC BEVERAGES
Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE WRITS, WARRANTS AND OTHER PRO-
Flood damage prevention 90-26 et seq. CESSES
See:LAND DEVELOPMENT CODE Franchise regulations in general. See:
Impact fees generally 2-231 et seq. FRANCHISES(Appendix A)
See:IMPACT FEES
Public service tax generally 70-26 et seq.
See:TAXATION Y
Reclaimed water
Connection to the system 78-177 YARD WASTE.See:SOLID WASTE
Definitions 78-176 YARDS AND OPEN SPACES
Installation and inspection of the re- Subdivisions
claimed water system Land development code regulations.... 98-1 et seq.
Adoption of Chapter 62-610,F.A.0 78-200 See:LAND DEVELOPMENT CODE
Areas embraced 78-197 Weeds and vegetation 34-121 et seq.
Code enforcement board authority and See: WEEDS AND DEAD VEGETA-
violation liability 78-195 TION
Cross-connection control 78-198
Discontinuance of service 78-193 YELLING3
Inspections 78-192 Noises,enumeration of prohibited 34-153(4)
Supp.No. 7 CDi:42
LW' CODE INDEX
Section Section
Z
ZONING
Adult entertainment establishments
Distance and dispersal requirements10-166
Amendments to map
Certain ordinances not affected by Code 1-10(a)(9)
Fees schedule in general. See: FEES(Ap-
pendix B)
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE
Land development code 110-1 et seq.
See:LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT
Planning and zoning board 58-26 et seq.
See:PLANNING AND ZONING BOARD
Political signs 94-78
Signs
Land development code regulations 94-1 et seq.
See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations98-1 et seq.
See:LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See:LAND DEVELOPMENT CODE
Live
Supp.No.7 CDi:43
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