HomeMy WebLinkAboutSupplement 05 (10.0"*" SUPPLEMENT NO.5
May 1998
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. 15-98, enacted March 17, 1998.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xv—xviii xv—xvin
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
CD22:3, CD22:4 CD22:3, CD22:4
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CD82:1—CD82:3 CD82:1—CD82:3
Lore CD82:5—CD82:8.1 CD82:5—CD82:8
CD82:13—CD82:23 CD82:13—CD82:18
CD98:17, CD98:18 CD98:17—CD98:18.1
CD102:3, CD102:4 CD102:3—CD102:4.1
CD110:5 CD110:5, CD110:6
CD110:7, CD110:8 CD110:7—CD110:8.1
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CD 110:21—CD 110:24 CD 110:21—CD 110:24
CD110:44.1, CD110:44.2 CD110:44.1, CD110:44.2
CD110:61—CD110:64.1 CD110:61—CD110:64.12
CDB:5—CDB:6.1 CDB:5—CDB:6.1
CDB:11—CDB:15 CDB:11—CDB:15
CCT:13—CCT:15 CCT:13—CCT:16
SLT:1, SLT:2 SLT:1, SLT:2
CDi:2.1—CDi:6 CDi:3—CDi:6.1
CDi:13—CDi:28.1 CDi:13—CDi:28.1
CDi:32.1—CDi:42 CDi:33—CDi:43
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INSTRUCTION SHEET—Cont'd.
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1-800-262-CODE
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TABLE OF CONTENTS—Cont'd. •
Chapter Page
Art. III. Occupational License Tax CD70:6
71-73. Reserved CD71:1
74. Traffic and Vehicles CD74:1
Art. I. In General CD74:3
Art. II. Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75:1
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and Connections CD78:11
Subdiv. III. Discharges CD78:13
Subdiv. IV. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates,Deposits and Billing Procedures CD78:23
Art. IV. Reclaimed Water CD78:25
Div. 1. Generally CD78:25
Div. 2. Installation and Inspection of the Reclaimed
Water System CD78:26.1
79. Reserved CD79:1
80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Necessity,
License CD80:4
Art. III. Driver's Permit CD80:5
Art. N. 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
Lire Art. XII. Excavation and Grading Code CD82:17
Supp.No.5 xv
CAPE CANAVERAL CODE
Chapter Page
Art. XIII. Threshold Buildings CD82:17
Art. XIV. Numbering of Buildings and Property CD82:17
83-85. Reserved CD83:1
86. Concurrency Management System CD86:1
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:3
Art. II. Flood Damage Prevention CD90:3
Div. 1. Generally CD90:3
Div. 2. Administration CD90:7
Div. 3. Flood Hazard Reduction CD90:10
Art. III. Floodplain Protection CD90:15
Art. IV. Stormwater Management CD90:17
Div. 1. Generally CD90:17
Div. 2. Permit CD90:20
Div. 3. Performance Standards CD90:22
Div. 4. Design Standards CD90:24
Div. 5. Maintenance CD90:26
91-93. Reserved CD91:1
94. Signs CD94:1
Art. I. In General CD94:3
Art. II. Permits and Inspection CD94:7
Art. III. 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
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TABLE OF CONTENTS-Cont'd.
Chapter Page
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD 110:1
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
L Div. 1. Generally CD 110:23
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
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 CD110:44.1
Art. VIII. Residential Planned Unit Developments CD110:46
Div. 1. Generally CD110:46
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 CD110:64.9
Div. 3. Offstreet Loading CD110:64.11
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 CD 110:71
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CAPE CANAVERAL CODE
Chapter Page "*.4)
A. Franchises CDA:1
Art. I. Cable Communications CDA:3
Art. II. Electric CDA:9
Art. III. Gas CDA:11
Art. IV. Telephone CDA:19
Art. V. Water CDA:22
B. Schedule of Fees CDB:1
Code Comparative Table—Laws of Florida CCT:1
Code Comparative Table-1981 Code CCT:3
Code Comparative Table—Ordinances and Resolutions CCT:9
State Law Reference Table SLT 1
Charter Index CHTi:1
Code Index CDi:1
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Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis, it has become evident that through usage and
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In addition to assisting existing holders of the Code, this list may be used
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COMMUNITY DEVELOPMENT §22-33
Law/
ARTICLE I. IN GENERAL Sec. 22-31. Removal.
The city council, by majority vote, shall have
Secs. 22-1-22-25. Reserved. the authority to remove any member of the com-
mercial development board from office whenever,
ARTICLE II. COMMERCIALin its discretion,the best interest of the city shall
beDEVELOPMENT BOARD* (Code
served.
(C 1981, § 263.07)
Sec. 22-26. Definitions. Sec. 22-32. Rules and procedures.
The following words,terms and phrases,when The commercial development board shall adopt
used in this article, shall have the meanings a set of rules to govern meetings and procedures,
ascribed to them in this section,except where the which shall be approved by the city council.
context clearly indicates a different meaning: (Code 1981, § 263.08)
Commerce or commercial pertain to activities
in the areas of industry, commerce, business and Sec. 22-33. Purpose and duties.
tourism.
(Code 1981, § 263.01) The commercial development board shall have
Cross reference—Definitions and rules of construction the purposes and duties to:
generally, § 1-2. (1) Prepare a commercial development plan
and submit the plan for approval to the
Sec. 22-27. Established. city council.This plan shall analyze exist-
The city establishes a commercial development ing conditions and needs pertaining to the
Lisle board in and for the city city's commerce and determine optimum
(Code 1981, § 263.01) methods and means of improving those
conditions and satisfying those needs.The
plan shall contain as a minimum the
Sec. 22-28. Composition; qualifications. following:
The commercial development board shall con- a. A survey of existing commercial en-
sist of five regular members and two alternate tities located in the city.
members. b. An inventory of existing vacant space
(Code 1981, § 263.04; Ord. No. 50-93, § 1, 1-4-94; (building and land) suitable for use
Ord. No. 7-97, § 1, 5-6-97) in commercial development. This
shall be coordinated with the plan-
Sec. 22-29. Term of office. ning and zoning board.
The members of the commercial development c. A determination of the commercial
board shall be appointed by a majority vote of the needs of the citizens of the city that
city council for staggered terms of two years. are presently going unsatisfied or
(Code 1981, § 263.05) being met by commercial entities
outside the city.
Sec. 22-30. Vacancies. d. An analysis of these needs and the
preparation of a plan for bringing
Vacancies occurring on the commercial devel- new and needed commercial enter-
opment board shall be filled for the unexpired prises to the city. This plan should
term by the city council.
(Code 1981, § 263.06) also seek methods of enhancing ex-
isting commerce presently located in
*Cross reference—Boards, committees, commissions, § our city in an effort to satisfy citizen
(11111.09" 2-171 et seq. needs.
Supp.No.5 CD22:3
§22-33 CAPE CANAVERAL CODE
(2) Implement the council-approved commer- directed by the city council in properly
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cial development plan as directed and applying and promoting the successful
funded by the council. acquisition of the assistance. For the pur-
(3) Confer with and advise the city council on pose of this article, financial assistance
all matters concerning the development of may be in the form of grants,low interest
commerce in the city loans or physical property; including that
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- (Code 1981, § 263.02)
merce.
Sec. 22-34. Advisory capacity.
b. Canaveral Port Authority.
The powers and duties of the commercial de-
c. County economic development coun- velopment board are of an advisory nature only,
cil. and the board shall not have any powers or duties
d. Other similar organizations or agen- which conflict with or supersede the powers and
cies which, in the opinion of the duties of other city boards.
commercial development board,would (Code 1981, § 263.03)
be appropriate for such liaison.
(5) Determine from existing commercial en- Sec. 22-35. Indebtedness.
terprises in the city and interested out- The commercial development board shall not
side entities contemplating locating in the incur any debts or enter into any contracts or
city the appropriate and necessary action obligations which would be enforceable against
the city should take to enhance and en- the city, unless prior approval has been obtained
courage the further development of the from the city council.
city's commerce and coordinate with and (Code 1981, § 251.05)
advise pertinent officials and boards in
the city as to the implementation of this ARTICLE M. COMMUNITY APPEARANCE
action.
REVIEW
(6) Advise the city council and the city man-
ager of the advent of any new commercial Sec. 22-36. Statement of findings and pur-
activity, i.e., new businesses, significant pose.
change in existing businesses, etc., in the
city's commerce in order that timely and (a) The logo of Cape Canaveral, and its accom-
appropriate recognition by the city can be panying motto "Sun, Space and Sea," signifies
effected. Cape Canaveral's unique cultural character and
beauty. Indicative of Cape Canaveral's unique-
(7) Cooperate with all community groups
which are dedicated to orderly commer-
cial expansion of the city and furnish
them with aid and advice as is deemed
appropriate.
(8) Generally encourage in any manner the
development of business, commerce, in-
dustry and tourism in the city.
(9) Investigate sources of financial assistance
available to the city from the governmen-
tal or private sector and assist the city as
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Supp.No.5 CD22:4
(1111000"
Chapter 50
OFFENSES AND MISCELLANEOUS PROVISIONS*
Sec. 50-1. State misdemeanor acts adopted,penalty.
Sec. 50-2. Public nudity.
Sec. 50-3. Court costs for police education and training.
Sec. 50-4. Camping prohibited
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*Cross references—Fireworks restrictions,§38-81 et seq.;law enforcement,ch. 42.
State law references—Fines and forfeitures in county court payable to municipality, F.S. § 34.191; punishment for
misdemeanors,F.S.§§775.082,775.083.
Supp.No.5 CD50:1
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OFFENSES AND MISCELLANEOUS PROVISIONS §50-4
Loi
Sec. 50-1. State misdemeanor acts adopted, of a state, penal or criminal statute or convicted
penalty. for violation of a municipal or county ordinance in
(a) It shall be unlawful to commit, within the all cases in which the violation occurred within
the city. In addition, the sum of $2.00 shall be
limits of the city, any act which is or shall be deducted from every bond estreature or forfeited
recognized by the laws of the state as a misde- bail bond related to such penal statutes or ordi-
meanor. The commission of such acts are prohib- nances if such bond estreature or forfeited bail
ited. bond arises from acts committed within the city or
(b) Any person found guilty of violating any arrests made by the city police department. How-
act as provided in subsection (a) of this section ever, no such assessment shall be made against
shall be punished by the same penalty as pro- any person convicted for violation of any statute
vided by the laws of the state,but in no case shall or municipal or county ordinance relating to the
such penalty exceed that provided in section 1-15. parking of vehicles.
(Code 1981, §§ 601.01, 601.02) (Code 1981, § 543.01)
Case law reference—A municipality may enact an ordi- Cross reference—Law enforcement,ch.42.
nance which creates an offense against municipal law for the State law reference—Authority to adopt, use of funds,
same act that constitutes an offense against state law.Jaramillo F.S.§943.25(13).
u. City of Homestead, 322 So.2d 496(Fla. 1975).
A municipality by ordinance may adopt state misdemeanor Sec. 50-4. Camping prohibited.
statutes by specific reference or by general reference,such as
that contained in an ordinance making it unlawful to commit, It shall be unlawful for any individual to camp
within city limits,any act which is or shall be recognized by or otherwise sleep within any city's rights-of-way,
the laws of the state as a misdemeanor.Id. any beach end street, or on or under any beach
An adoption by general reference of a misdemeanor statute dune crossover.For purposes hereunder,the term
permits subsequent amendments,revisions and repeals of the
laws by the state legislature to apply to the municipal ordi- beach end street shall be defined as provided in
nances.Id. section 74-61 of the Code of Ordinances. Any
See also Hecht u. Shaw, 112 Fla.762, 151 So. 333(1933); person who knowingly violates any provision of
McFarland v. Roberts, 74 So. 2d 88(Fla. 1954); and State u. this section shall, upon conviction, be punished
Smith, 189 So.2d 846(Fla.4th D.C.A. 1966). according to law and shall be subject to a fine not
State law references—Penalty for violation of misde-
meanors, F.S. §§ 775.082, 775.083; discharging firearms in exceeding the sum of$500.00 or imprisonment in
public,F.S.§790.15.See also Fla.Stats.general index under the county jail for a period not exceeding 60 days,
heading "Fines and Civil Penalties" for listing of state law or both such fine and imprisonment.
misdemeanors. (Ord. No. 15-97, § 1, 12-2-97)
Sec. 50-2. Public nudity.
It shall be unlawful for any person in any
public place or in any commercial establishment,
unless expressly permitted within the corporate
limits of the city,to be found in a state of nudity or
to expose or exhibit his sexual organs. This sec-
tion, however, shall not be construed to prohibit
the exposure of sexual organs in any place pro-
vided or set aside for that purpose.
(Code 1981, § 722.89)
Cross reference—Adult entertainment,§ 10-86 et seq.
Sec. 50-3. Court costs for police education
and training.
The city assesses the sum of$2.00 as a court
Loy' cost against every person convicted for violation
Supp.No. 5 CD50:3
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Chapter 78
UTILITIES*
Article I. In General
Secs. 78-1-78-25. Reserved.
Article IL Sanitary Sewer System
Division 1. Generally
Sec. 78-26. Penalty.
Sec. 78-27. Connection with sewer-Required.
Sec. 78-28. Same-Late connection charge.
Sec. 78-29. Unlawful connection.
Sec. 78-30. Unlawful construction.
Sec. 78-31. Connecting old plumbing.
Sec. 78-32. Sanitary requirements.
Sec. 78-33. Disposal.
Sec. 78-34. Septic tanks.
Sec. 78-35. Maintenance of plumbing system.
Sec. 78-36. Failure to maintain plumbing system.
Sec. 78-37. Free service.
Sec. 78-38. Separate connection for each separate building.
Sec. 78-39. Crossing property of another to make connection.
LSecs. 78-40-78-50. Reserved.
Division 2. Industrial and Commercial Use
Subdivision I. In General
Sec. 78-51. Definitions.
Sec. 78-52. Purpose.
Sec. 78-53. Enforcement; authority;minimum standards.
Sec. 78-54. Applicability.
Sec. 78-55. Use of public sewers required.
Sec. 78-56. Power and authority of inspectors.
Sec. 78-57. Right of refusal.
Sec. 78-58. Thrmination of service in emergency.
Sec. 78-59. Administrative enforcement procedures.
Sec. 78-60. Administrative penalties.
Sec. 78-61. Judicial remedies.
Sec. 78-62. Publication of significant violation.
Secs. 78-63-78-75. Reserved.
Subdivision II. Building Sewers and Connections
Sec. 78-76. Separate sewer for each building.
Sec. 78-77. Permit for connections.
Sec. 78-78. Costs of installation;indemnification.
Sec. 78-79. Notice for inspection and connection.
Sec. 78-80. Old building sewers.
Sec. 78-81. Specifications.
Sec. 78-82. Elevation.
*Cross references-Environment,ch. 34;solid waste,ch.62;excavations,§66-61 et seq.;public service tax,§70-26 et seq.;
(1111111•1 buildings and building regulations,ch. 82; concurrency management system,ch.86;stormwater management,§90-116 et seq.
Supp.No.5 CD78:1
CAPE CANAVERAL CODE
Sec. 78-83. Excavations.
Sec. 78-84. Connecting sources of surface runoff or groundwater.
Sec. 78-85. Connection to public sewer.
Secs. 78-86-78-95. Reserved.
Subdivision III. Discharges
Sec. 78-96. General prohibitions and limitations.
Sec. 78-97. Control of prohibited wastes.
Sec. 78-98. Permission to use sewer system;wastewater discharge permits.
Sec. 78-99. Fees.
Sec. 78-100. Industrial or commercial wastewater monitoring and reporting.
Secs. 78-101-78-110. Reserved.
Subdivision IV. Rates and Charges
Sec. 78-111. Surcharge for abnormal strength wastes.
Secs. 78-112-78-120. Reserved.
Division 3. Impact Fees
Sec. 78-121. Established.
Sec. 78-122. Payment.
Sec. 78-123. Excessive quantity of wastewater.
Sec. 78-124. Reserved.
Sec. 78-125. Full payment required prior to issuance of certificate or license.
Sec. 78-126. Reserved.
Sec. 78-127. Use of funds.
Sec. 78-128. Change of use.
Sec. 78-129. Cost of living increase.
Sec. 78-130. Port Canaveral customers.
Sec. 78-131. Offsite sewage pumping.
Secs. 78-132-78-150. Reserved.
Article M. Service Rates,Deposits and Billing Procedures
Sec. 78-151. Deposit required.
Sec. 78-152. Monthly sewer rates.
Sec. 78-153. Payment of utility charges required.
Sec. 78-154. Sewer fees where owner has private water supply.
Secs. 78-155-78-175. Reserved.
Article IV. Reclaimed Water
Division 1. Generally
Sec. 78-176. Definitions.
Sec. 78-177. Connection to the system.
Sec. 78-178. Reclaimed water uses.
Sec. 78-179. Reserved.
Sec. 78-180. Irrigation usage rates.
Sec. 78-181. Right to refuse service.
Secs. 78-182-78-190. Reserved.
Division 2. Installation and Inspection of the Reclaimed Water System
Sec. 78-191. Policies and regulations adopted;compliance required.
Sec. 78-192. Inspections.
Sec. 78-193. Discontinuance of service.
Supp. No.5 CD78:2
UTILITIES
(iimooe.
Sec. 78-194. Unlawful connections or practices.
Sec. 78-195. Code enforcement board authority and violation liability.
Sec. 78-196. Public employees liability.
Sec. 78-197. Areas embraced.
Sec. 78-198. Cross-connection control.
Sec. 78-199. Unauthorized use.
Sec. 78-200. Adoption of Chapter 62-610,F.A.C.
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UTILITIES §78-176
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be in default for 30 days or more, the unpaid commercial and industrial accounts to cover a
balance thereof and all interest accrued thereon, three-month service period; provided, however,
together with attorney's fees and costs, may be that no such deposit shall exceed an amount set
recovered by the city in a civil action, and any forth in appendix B to this Code.
such lien and accrued interest may be foreclosed
or otherwise enforced by the city by action or suit (c) Reconnecting the sewer service or remov-
in equity as for the foreclosure of a mortgage ing the plug in the sewer line until such sewage
under the property disposal fees are paid in full, together with the
charge stated in subsection (a) of this section,
(b) If the fees in subsection (a) of this section shall be considered a violation of this section.
shall not be paid when due, any unpaid balance (Code 1981, § 671.12)
thereof and all interest accruing thereon shall be
a lien on any parcel or property affected thereby. Secs. 78-155-78-175. Reserved.
Such lien shall be superior and paramount to the
interest on such parcel or property of any owner,
lessee,tenant, mortgagee or other person, except ARTICLE IV. RECLAIMED WATER*
the lien of county taxes, and shall be on a parity
with the lien of any such county taxes. Failure of
users to pay for fees within 30 days of the billing DIVISION 1. GENERALLY
date shall be a violation of this chapter. In addi-
tion,the city shall have the right to seek enforce- Sec. 78-176. Definitions.
ment and collection of the overdue fee through Except where specific definitions are used within
civil proceedings in a court of competent jurisdic- a specific section of this article for the purpose of
tion, including a reasonable attorney's fee and that section, the following terms, phrases, words
(1110001 costs,and any such lien and accrued interest may and their derivation shall have meanings pro-
be foreclosed or otherwise enforced by the city by vided herein. The word "shall" is mandatory and
action or suit in equity as for the foreclosure of a the word "may" is permissive.
mortgage on real property
(Code 1981, § 671.11) Backflow prevention device shall mean either a
dual check device composed of two single indepen-
Sec. 78-154. Sewer fees where owner has pri- dently active check valves, as described in the
vate water supply. American Water Works Association Standard
C506-78 (R83), and the American Society of San-
(a) If the owner of property has his own pri- itary Engineering Standard 1024, and/or reduced
vate water supply and such owner becomes more pressure principle device, as described in the
than ten days delinquent in the payment of his American Water Works Association Standard
monthly sewage disposal fee after billing,the city C506-78 (R83), and the American Society of San-
shall have the right to plug the sewer line leading itary Engineering Standard 1013.
to the owner's plumbing system. The owner shall
have no right to reconnect this line or remove the City manager shall mean the city manager of
plug until sewage disposal fees shall have been the city.
paid in full,together with a charge as set forth in Cross-connection refers to anyphysical connec-
appendix B to this Code. Such charge shall be p y
imposed and added to any delinquent bill where tion or arrangement which would allow the move-
the sewer line has been plugged for nonpayment. ment of contaminants or fluids between any
nonpotable water system, such as the reclaimed
(b) If the owner has his own private water water system, and potable water system.
supply, the city shall require a deposit in the
*Editor's note—Ordinance No.8-95,§ 1,adopted May 2,
amount set forth in appendix B to this Code for 1995,amended the code by deleting and adding a new article
residential sewage disposal service and in a suf- IV.Formerly,such article pertained to similar provisions and
(111101 ficient amount as prescribed by the city from derived from Ord.No. 7-95, § 1, 3-21-95.
Supp.No.5 CD78:25
§78-176 CAPE CANAVERAL CODE
Customer shall mean any person receiving ser- (b) The existence of a reclaimed water main
J
vice or making application for service. adjacent to or near the premises of an applicant
for the service does not necessarily mean that the
FDEP shall refer to the state department of service is available to that location. The city may
environmental protection. install a reclaimed water service line upon re-
quest by an applicant and payment of any/all
Hose bib means a special connection installed appropriate fees by the applicant.
and provided by the city at certain points of (Ord. No. 8-95, § 1, 5-2-95; Ord. No. 15-98, § 2,
delivery of reclaimed water that will enable the 3-19-98)
customer to attach a hose to use reclaimed water
for non-potable water purposes. Sec. 78-178. Reclaimed water uses.
Reclaimed water shall mean highly treated (a) Reclaimed water distributed by the city
effluent from the city's wastewater treatment within the City Reuse Service Area is intended
plant not for human consumption,supplied through solely for the irrigation of plants.
the reclaimed water transmission and distribu- (b) In the event commercial establishments
tion system which meets or exceeds requirements propose to use reclaimed water for purposes other
for public access as set for by FDEP or its succes-
sor in function. than plant irrigation,any proposed use(s)shall be
evaluated by the city manager or his/her designee
Reclaimed water system shall mean those re- and approved or disapproved based on this eval-
claimed water storage tank,pumps,transmission uation. In no case will the city approve any use
mains, distribution mains, valves and appurte- that may conflict with policies and regulations of
nances installed in public rights-of-way or utility the state or the U.S. Environmental Protection
easements, and are used to distribute reclaimed Agency.
water. (Ord. No. 8-95, § 1, 5-2-95)
Service line shall mean that conduit to convey Sec. 78-179. Reserved.
reclaimed water from the distribution main to the
applicant's property line. Sec. 78-180. Irrigation usage rates.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 15-98, § 1, Rates for irrigation water service shall be pro-
3-17-98) mulgated, collected and enforced as a component
of the city rate resolution.
Sec. 78-177. Connection to the system. (Ord. No. 8-95, § 1, 5-2-95)
(a) Reclaimed water service may be provided Sec. 78-181. Right to refuse service.
for properties located within the city service area
which comply with the provisions for such as set No payment of fees, submittal of an applica-
forth in this article and the Land Development tion, or other act to receive reclaimed water
Code. Reclaimed water may be available to prop- service shall guarantee such service. The city
erties within the service area as the distribution shall have the right, at all times, to refuse to
system is extended. All applications for service extend service on the basis of a use detriment to
shall be reviewed by the city manager and the the system, inadequate supply of reclaimed wa-
public works director, who shall approve such ter, lack of payment of required fees, or for any
service only if an adequate supply of reclaimed other reason which, in the judgement of the city
water is and will be available to meet all the manager, will cause the extension not to be of
anticipated needs. The city manager and public benefit to the city.
works director shall review and technically ap- (Ord. No. 15-98, § 3, 3-17-98)
prove all service line sizes and all other necessary
design components. Secs. 78-182-78-190. Reserved.
3
Supp.No.5 CD78:26
UTILITIES §78-192
(11111be
DIVISION 2. INSTALLATION AND
INSPECTION OF THE RECLAIMED WATER
SYSTEM
Sec. 78-191. Policies and regulations
adopted; compliance required.
The city adopts by reference the"Cape Canaveral
Reclaimed Water System Policies and Regula-
tions Manual" dated February 1995. Compliance
with the policies and regulations is hereby re-
quired.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-192. Inspections.
(a) Duly authorized employees of the city bear-
ing proper identification shall be permitted to
enter any building, structure or property served
by a connection to the reclaimed water system of
the city for the purpose of inspecting the piping
system or systems, backflow preventer, valves
and/or all other devices installed by the customer
which connect to or control the reclaimed water
system or use of reclaimed water on such prop-
Lisie erty.
(b) Consent to such access shall be obtained
from a person of suitable age and discretion
therein or in control thereof.The refusal of access;
when requested, shall be considered evidence of
the presence of violation of the policies and regu-
lations adopted herein.
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Subpart B
LAND DEVELOPMENT CODE
Chapter 82
BUILDINGS AND BUILDING REGULATIONS*
Article I. In General
Sec. 82-1. Penalty.
Sec. 82-2. Building permit fee schedule.
Sec. 82-3. Changes to schedule of fees.
Secs. 82-4-82-30. Reserved.
Article IL Building Code
Sec. 82-31. Adopted.
Sec. 82-32. Amendments.
Secs. 82-33-82-55. Reserved.
Article III. Unsafe Building Abatement Code
Sec. 82-56. Adopted.
‘111111000° Sec. 82-57. Administrative authority or official.
Sec. 82-58. Amendments.
Secs. 82-59-82-80. Reserved.
Article IV. Coastal Construction Code
Sec. 82-81. Definitions.
Sec. 82-82. Scope.
Sec. 82-83. Purpose.
Sec. 82-84. Applicability.
Sec. 82-85. Exceptions.
Sec. 82-86. Application for permits.
Sec. 82-87. Coastal construction requirements.
Sec. 82-88. Structural requirements for major structures.
Sec. 82-89. Design conditions.
Sec. 82-90. Structural requirements for nonhabitable major structures.
Sec. 82-91. Structural requirements for minor structures.
Sec. 82-92. Location of construction.
Sec. 82-93. Public access.
Sec. 82-94. References.
Secs. 82-95-82-115. Reserved.
Article V. Electrical Code
Sec. 82-116. Adopted.
'Cross references—Code enforcement,ch. 2,art.VI;outdoor entertainment,§ 10-46 et seq.;alarm systems,§30-26 et seq.;
environment, ch. 34; litter, § 34-26 et seq.; noise, § 34-151 et seq.; lighting regulations, § 34-206 et seq.; fire prevention and
protection, ch. 38; utilities, ch. 78; sanitary sewer system, § 78-26 et seq.; sanitary sewer system impact fees, § 78-121 et seq.;
stormwater management, §90-116 et seq.;off-street parking requirements, § 110-491 et seq.
Lof State law reference—Construction standards,F.S.ch. 553.
Supp.No.5 CD82:1
CAPE CANAVERAL CODE
Sec. 82-117. Administrative authority or official.
Sec. 82-118. Board of appeals.
Sec. 82-119. Service disconnects required.
Sec. 82-120. Service wires.
Sec. 82-121. Breaking meter seals.
Sec. 82-122. Wiring methods.
Sec. 82-123. Additions,remodeling and rewiring.
Sec. 82-124. Electric wiring for swimming pools.
Sec. 82-125. Submersible lighting.
Secs. 82-126-82-145. Reserved.
Article VI. Plumbing Code
Sec. 82-146. Adopted.
Sec. 82-147. Administrative authority or official.
Sec. 82-148. Amendments.
Secs. 82-149--82-170. Reserved.
Article VII. Gas Code
Sec. 82-171. Adopted.
Sec. 82-172. Administrative authority or official.
Sec. 82-173. Amendments.
Secs. 82-174-82-195. Reserved.
Article VIIL Mechanical Code
Sec. 82-196. Adopted.
Sec. 82-197. Amendments.
Secs. 82-198--82-220. Reserved.
Article IX. Solar Energy Standards
Sec. 82-221. Adopted.
Sec. 82-222. Permit fees.
Sec. 82-223. Compliance with building code.
Secs. 82-224---82-245. Reserved.
Article X. Swimming Pool Code
Sec. 82-246. Adopted.
Sec. 82-247. Administrative authority or official.
Secs. 82-248--82-270. Reserved.
Article XI. Housing Code
Sec. 82-271. Adopted.
Sec. 82-272. Administrative authority or official.
Sec. 82-273. Amendments.
Secs. 82-274-82-295. Reserved.
Article XII. Excavation and Grading Code
Sec. 82-296. Adopted.
Sec. 82-297. Administrative authority or official.
Secs. 82-298-82-320. Reserved.
Supp.No. 5 CD82:2
BUILDINGS AND BUILDING REGULATIONS
Lsof
Article XIII. Threshold Buildings
Sec. 82-321. State law adopted.
Secs. 82-322-82-365. Reserved.
Article XIV. Numbering of Buildings and Property
Sec. 82-366. Purpose.
Sec. 82-367. System established;incorporation of map.
Sec. 82-368. Administration.
Sec. 82-369. Assignment of numbers.
Sec. 82-370. Numbering multiple-family structures.
Sec. 82-371. Posting and specifications of numbers.
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Supp.No. 5 CD82:3
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BUILDINGS AND BUILDING REGULATIONS §82-32
L
ARTICLE I. IN GENERAL gress International, Inc., including appendices C
Sec. 82-1. Penalty. and D is adopted by reference as though it were
set out in this article in full.
Any person who shall violate this chapter or (Ord. No. 3-98, § 1, 3-3-98)
who shall fail to comply with this chapter or who
shall violate or fail to comply with any order or Sec. 82-32. Amendments.
regulation made under this chapter or who shall
build in violation of any detailed statement or The building code adopted in section 82-31 is
specifications or plans submitted and approved amended as follows:
under this chapter or any certificate or permit (1) Sections 102.2.1, 102.2.2, 102.2.3, and
issued under this chapter shall severally for each 102.2.4 are amended to read as follows:
and every such violation and noncompliance, re-
spectively, be punished as provided in section 102.2.1 Building Official Qualifications,
102.2.2 Chief Inspector Qualifications,
1-15. 102.2.3 Inspector Qualifications, and
(Code 1981, §§ 509.13, 611.07, 612.29, 613.04, 102.2.4 Deputy Building Official Qualifi-
614.03, 615.04, 617.19, 619.04, 620.03, 623.07, cations shall be those qualifications as
625.03, 627.03) outlined in Chapter 468,Florida Statutes.
Sec. 82-2. Building permit fee schedule. (2) Section 104.6.1 is amended to read as
The city establishes a building permit and follows:
development fee schedule on all construction in 104.6.1 Permit Intent. A permit issued
the city.The fees shall be as set forth in appendix shall be construed to be a license to pro-
B to this Code. ceed with the work and not as authority to
(Code 1981, § 547.01) violate, cancel, alter or set aside any of
(iimmoe
Sec. 82-3. Changes to schedule of fees. the provisions of the technical codes, nor
The building permit and development fee sched- shall issuance of a permit prevent the
ule established in section 82-2 may be amended building official from thereafter requiring
from time to time, as needed, by resolution of the a correction of errors in plans, construc-
city council. tion, or violations of this code. Every per-
(Code 1981, § 547.03) mit issued shall become invalid unless the
work authorized by such permit is corn-
Secs. 82-4-82-30. Reserved. menced within six months after its issu-
ance, or if the work authorized by such
ARTICLE II. BUILDING CODE* permit is suspended or abandoned for a
Sec. 82-31. Adopted. period of six months after the time work is
The Standard Building Code, 1997 edition, commenced. The permit shall become in-
published by the Southern Building Code Con- valid after three years from the date of its
issuance in zoning districts of the city,
*Editor's note-Ordinance No.3-98, § 1, adopted March unless the building or buildings subject to
3, 1998, amended the code by repealing article II, §§ 82-31, the permit have exteriors and landscap-
82-32 and adding a new article II,§§82-31, 82-32.Formerly, ing which are in substantial compliance
such article pertained to similar provisions and derived from with the plans and specifications and com-
§$611.01, 611.02, 611.05 of the 1981 Code; Ord. No. 9-92, §§ ply with the provisions of section 34-96,
1(611.01),1(611.02),8-18-92;Ord.No.20-92,§1,11-5-92;Ord.
No. 12-93, §§ 1(611.01), 1(611.02), 7-6-93; Ord. No. 19-93, § section 34-97, subsections 34-98(3), (4),
1(616.01),6-15-93;Ord.No.42-93,§1,11-2-93;Ord.No.13-94, (5)(6), (7), (8), (9), and(11), section 34-99,
§1(611.03),4-5-94;Ord.No.3-95,§ 1,2-21-95;Ord.No. 18-95, and section 34-122 of the City Code of
$ 1,8-15-95. Ordinances. Extensions of time for build-
Cross references-Fire prevention code adopted,§38-26; lug permits may be granted only by the
standard fire prevention code adopted,§38-30; requirements
for fences,walls and hedges,§ 110-470;buildings required for city council.Further,any unfinished build-
commercial uses,§ 110-481;building setback lines,§110-536. ings or structures for which a permit has
Supp.No. 5 CD82:5
§82-32 CAPE CANAVERAL CODE
3
lapsed or otherwise become invalid, and the vote of each member,the absence of a
where the appearance and other condi- member and any failure of a member to
lions of such unfinished building or struc- vote.
ture substantially detracts from the ap- (5) Section 1503.1.4.1 is amended to read as
pearance of the immediate neighborhood, follows:
or reduces the value of property in the
immediate neighborhood,or is a nuisance 1503.1.4.1 Nails and clips or similar fas-
shall be deemed to be a violation of the tening devices shall be hot-dipped galva-
above referenced code sections, which vi- nized,stainless steel,nonferrous metal or
olation may be enforced by the code en- other suitable corrosion resistant mate-
forcemeat board. rial. Staple fasteners shall not be permit-
(3) Section 108.1 is amended to read as fol- ted.
lows: (6) Section 1504.1.3 is amended to read as
follows:
108.1 Appointment.There is hereby estab-
lished a board to be called the construc- 1504.1.3 Shingle application shall be as
lion board of adjustment and appeals, specified in the manufacturer's published
which shall consist of five members. The application instructions. Notwithstand-
board shall be appointed by the city coun- ing anything to the contrary contained
cil. herein, asphalt shingles must be fungus
resistant.
(4) Section 108.2 is amended to read as fol-
lows: (7) Section 2405.2.1, number 6, is hereby
repealed. (per State of Florida adoption).
108.2 Membership and Terms. (Ord. No. 3-98, § 1, 3-3-98)
108.2.1 Membership. Members of the con-
struction board of adjustment and ap- Secs. 82-33-82-55. Reserved.
peals should be composed of individuals
with knowledge and experience in the
technical codes,such as design profession- ARTICLE III. UNSAFE BUILDING
als, contractors or building industry rep- ABATEMENT CODE*
resentatives. A board member shall not
act in a case in which he has a personal or Sec. 82-56. Adopted.
financial interest. The Standard Unsafe Building Abatement Code,
108.2.2 Terms. The terms of office of the 1985 edition,as published by the Southern Build-
board members shall be two years from ing Code Congress International, Inc., is adopted
the date of appointment. Continued ab- by reference as though it were set out in full in
sence of any member from required meet- this article.
ings of the board shall,at the discretion of (Code 1981, § 620.01)
the city council, render any such member
subject to immediate removal from office. Sec. 82-57. Administrative authority or offi-
cial.
108.2.3 Quorum and Voting.A simple ma-
jority of the board shall constitute a quo- Whenever the term "administrative authority"
ruin. or "official" is used in the unsafe building abate-
108.2.4 Secretary of Board. The building ment code adopted in section 82-56, it shall be
construed to mean the building official of the city
official or designee shall act as secretary or his authorized representative.
of the board and shall make a detailed (Code 1981, § 620.02)
record of all of its proceedings, which
shall set forth the reasons for its decision, *Cross reference—Life safety code adopted, §38-28.
`rr
Supp.No.5 CD82:6
BUILDINGS AND BUILDING REGULATIONS §82-81
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Sec. 82-58. Amendments. ARTICLE IV. COASTAL CONSTRUCTION
CODE*
The unsafe building abatement code adopted in
section 82-56 is amended as follows: Sec. 82-81. Definitions.
(1) Section 105.1 is amended to read as fol- The following words,terms and phrases,when
lows: used in this article, shall have the meanings
105.1 Appointment.There is hereby estab- ascribed to them in this section,except where the
fished a board to be called the construc- context clearly indicates a different meaning:
tion board of adjustment and appeals, Beach means the zone of unconsolidated mate-
which shall consist of five members. The rial that extends landward from the mean low-
board shall be appointed by the city coun- water line to the place where there is a marked
cil. change in material or physiographic form or to
(2) Section 105.2 is amended to read as fol- the line of permanent vegetation, usually the
lows: effective limit of storm waves.The term"beach"is
alternatively termed "shore."
105.2 Membership and Terms. Bluff line means the line determined by those
105.2.1 Membership.Members of the con- points located on the easternmost edge of the
struction board of adjustment and ap- elevated,vegetated bank which is commonly found
peals should be composed of individuals adjacent to the Atlantic Coast mean high-water
with knowledge and experience in the line,irrespective of whether the bank may not be
technical codes,such as design profession- elevated and vegetated at some points.
Loof als, contractors or building industry rep-
resentatives. A board member shall not Breakaway wall or frangible wall means a
act in a case in which he has a personal or partition independent of supporting structural
financial interest. members that will withstand design wind forces,
but which will fail under hydrodynamic, wave
105.2.2 Terms. The terms of office of the and runup forces associated with the design storm
board members shall be two years from surge. Under such conditions, the wall shall fail
the date of appointment. Continued ab- in a manner such that it breaks up into compo-
sence of any member from required meet- nents which minimize the potential for damage to
ings of the board shall,at the discretion of life or adjacent property. It shall be a character-
the city council, render any such member istic of a breakaway or frangible wall that it shall
subject to immediate removal from office. have a horizontal design loading resistance of no
less than ten or more than 20 pounds per square
105.2.3 Quorum and Voting.A simple ma- foot.
jority of the board shall constitute a quo-
rum.
uo-
rum Building support structure means any struc-
ture which supports floor, wall or column loads
105.2.4 Secretary of Board. The building and transmits them to the foundation. The term
official or designee shall act as secretary includes beams, grade beams or joists and in-
of the board and shall make a detailed cludes the lowest horizontal structural member
record of all of its proceedings, which exclusive of piles, columns or footings.
shall set forth the reasons for its decision,
the vote of each member,the absence of a Coastal barrier islands means geological sur-
member and any failure of a member to face features above mean high water which are
vote. completely surrounded by marine waters that
*Cross references—Waterways,ch. 106;zoning,ch. 110.
State law reference—Coastal construction code, F.S. §
Lire Secs. 82-59-82-80. Reserved. 161.52 et seq.
Supp.No.5 CD82:7
§82-81 CAPE CANAVERAL CODE
front upon the open waters of the Gulf of Mexico, mean any alterations in the size or use of any
3
Atlantic Ocean, Florida Bay or Straits of Florida existing structure or the appearance of any land.
and are composed of quartz sands, clays, lime- When appropriate to the context, the term "con-
stone, oolites, rock, coral, coquina, sediment or struction" refers to the act of construction or the
other material, including soil disposal. Mainland result of construction.
areas which were separated from the mainland by Dune means a mound or ridge of loose sedi-
artificial channelization for the purpose of assist- ments, usually sand-sized, deposited by natural
ing marine commerce shall not be considered or artificial means, which lies landward of the
coastal barrier islands. beach.
Coastal building zone means: Dune area means any land within 50 feet of the
(1) For mainland areas which front directly bluff line at any riparian coastal location fronting
upon the open waters of either the Gulf of the Atlantic Coast shoreline.
Mexico, Atlantic Ocean, Florida Bay or Major structure includes but is not limited to
Straits of Florida, the land area between residential buildings, including mobile homes,
the seasonal high-water line and a line commercial, institutional, industrial and other
1,500 feet landward from the coastal con- construction having the potential for substantial
struction control line. impact on coastal zones.
(2) For mainland areas where a coastal con- Mean high-water line means the intersection of
struction control line has not been estab- the tidal plane of mean high water with the shore.
lished,the land area seaward of the most Mean high water is the average height of high
landward velocity zone(V zone)boundary waters over a 19-year period.
line established by the Federal Emer-
gency Management Agency and shown on Minor structure includes but is not limited to
the flood insurance rate maps. pile-supported, elevated dune and beach walk-
(3) For coastal barrier islands, the land area over structures; beach access ramps and walk-
between the seasonal high-water line and ways; stairways; pile-supported elevated viewing
aline 5,000 feet landward from the coastal platforms,gazebos and boardwalks;lifeguard sup-
construction control line or the entire is- port stands; public and private bathhouses; side-
walks,land, whichever is less.
(4) For coastal barrier islands on which no
coastal construction control line has been
established, the land area seaward of the
most landward velocity zone (V zone)
boundary line established by the Federal
Emergency Management Agency and
shown on the flood insurance rate maps.
Coastal construction control line means the
landward extent of that portion of the beach-dune
system which is subject to severe fluctuations
based upon a 100-year storm surge, storm waves
or other predictable weather conditions as estab-
lished by the state department of environmental
protection in accordance with F.S. § 161.053.
Construction means the building of or substan-
tial improvement to any structure or the clearing,
filling or excavation of any land. It shall also
Supp. No. 5 CD82:8
BUILDINGS AND BUILDING REGULATIONS §82-148
Lare
(4) NAVFAC DM-26, U.S. Department of the Secs. 82-119-82-145. Reserved.
Navy Editor's note—Ordinance no. 17-95,§1,adopted August
(5) Coastal Construction Manual, Federal 15,1995,amended the code by repealing sections 82-119-82-
Emergency Management Agency, Febru- 125 in their entirety. Formerly, such sections pertained to
ary 1986. (Please note that the wind de- service disconnects required; service wires; breaking meter
seals; wiring methods; additions, remodeling and rewiring;
sign section is based upon the 1982 edi- electric wiring for swimming pools;submersible lighting and
tion of the Standard Building Code with derived from§§617.05,617.07,617.09,617.11,617.13,617.15,
the 1984 accumulated amendments and 617.17 of the 1981 Code.
not the 1985 edition of the Standard Build-
ing Code with the 1986 revisions as re-
quired by F.S. § 161.55(1)(d).) ARTICLE VI. PLUMBING CODEt
(Code 1981, § 612.27)
Sec. 82-146. Adopted.
Secs. 82-95-82-115. Reserved.
The Standard Plumbing Code, 1994 edition,
published by Southern Building Code Congress
ARTICLE V. ELECTRICAL CODE* International, Inc., including all appendices ex-
cept appendix H which is deleted, is adopted by
Sec. 82-116. Adopted. reference as though it were copied in full in this
article.
The 1993 edition of the National Electrical (Code 1981, § 613.01; Ord. No. 10-92, § 1(613.01),
Code, published by the National Fire Protection 8-18-92; Ord. No. 20-92, § 2, 11-5-92; Ord. No.
Association, is adopted by reference as though it 13-93, § 1(613.01), 6-15-93; Ord. No. 19-19, § 1,
‘Iire were copied in this article fully,with the exception 8-15-95)
that any portion in conflict with this article is not
adopted. Sec. 82-147. Administrative authority or of-
(Code 1981, §617.01; Ord.No. 16-93, § 1(617.01), ficial.
6-15-93)
Whenever the term "administrative authority"
Sec. 82-117. Administrative authority or of- or "official" is used in the plumbing code adopted
ficial. by reference in this article,it shall be construed to
Whenever the term "administrative authority" mean the building official of the city or his autho-
or "official" is used in the electrical code adopted rued representative.
in section 82-116, it shall be construed to mean (Code 1981, § 613.03)
the building official of the city or his authorized
representative. Sec. 82-148. Amendments.
(Code 1981, § 617.03)
The plumbing code adopted by reference in this
Sec. 82-118. Board of appeals. article is amended as follows:
(1) Sections 102.2.1, 102.2.2, 102.2.3, and
The construction board of adjustment and ap- 102.2.4 are amended to read as follows:
peals created in the building code adopted in
section 82-31 shall be the board for appeals for the 102.2.1 Building Official Qualifications,
electrical code adopted in this article.The require- 102.2.2 Chief Inspector Qualifications,
ments for appeals under such building code inso- 102.2.3 Inspector Qualifications, and
far as is practicable and applicable shall apply to 102.2.4 Deputy Building Official Qualifi-
the electrical code. cations shall be those qualifications as
outlined in Chapter 468,Florida Statutes.
*Cross reference—Standard fire prevention code adopted,
Lisof §38-30. tCross reference—Sanitary sewer system,§78-26 et seq.
Supp.No.5 CD82:13
§82-148 CAPE CANAVERAL CODE
(2) Section 108.1 is amended to read as fol- International, Inc., excluding all appendices, is
3
lows: adopted by reference as though it were copied in
108.1 Appointment.There is hereby estab- this article in full.
lished a board to be called the construc- (Code 1981, § 615.01; Ord. No. 12-92, § 1(615.01),
tion board of adjustment and appeals, 8-18-92; Ord. No. 20-92, § 4, 11-5-92; Ord. No.
which shall consist of five members. The 15-93, § 1(615.01), 6-15-93; Ord. No. 20-95, § 1,
board shall be appointed by the city coun- 8-15-95)
cif.
(3) Section 108.2 is amended to read as fol- Sec. 82-172. Administrative authority or of-
lows: ficiaL
108.2 Membership and Terms. Whenever the term "administrative authority"
108.2.1 Membership.Members of the con- or "official" is used in the gas code adopted by
struction board of adjustment and ap- reference in this article, it shall be construed to
peals should be composed of individuals mean the building official of the city or his autho-
with knowledge and experience in the rized representative.
technical codes,such as design profession- (Code 1981, § 615.03)
als, contractors or building industry rep-
resentatives. A board member shall not Sec. 82-173. Amendments.
act in a case in which he has a personal or
financial interest. The gas code adopted by reference in this
108.2.2 Terms. The terms of office of the article is amended as follows:
board members shall be two years from
the date of appointment. Continued ab- (1) Sections 102.2.1, 102.2.2, 102.2.3, and
sence of any member from required meet- 102.2.4 are amended to read as follows:
ings of the board shall,at the discretion of 102.2.1 Building Official Qualifications,
the city council, render any such member 102.2.2 Chief Inspector Qualifications,
subject to immediate removal from office. 102.2.3 Inspector Qualifications, and
108.2.3 Quorum and Voting.A simple ma- 102.2.4 Deputy Building Official Qualifi-
jority of the board shall constitute a quo- cations shall be those qualifications as
rum. outlined in Chapter 468,Florida Statutes.
108.2.4 Secretary of Board. The building (2) Section 108.1 is amended to read as fol-
official or designee shall act as secretary lows:
of the board and shall make a detailed
record of all of its proceedings, which 108.1 Appointment.There is hereby estab-
shall set forth the reasons for its decision, fished a board to be called the Construe-
the vote of each member,the absence of a tion Board of Adjustment and Appeals,
member and any failure of a member to which shall consist of five members. The
vote. board shall be appointed by the city coun-
(Code 1981, § 613.02; Ord. No. 10-92, § 1(613.02), cil.
8-18-92;Ord.No. 13-93, § 1(613.02),6-15-93;Ord. (3) Section 108.2 is amended to read as fol-
No. 19-95, § 1, 8-15-95;Ord.No. 4-98, § 1, 3-3-98) lows:
Secs. 82-149--82-170. Reserved. 108.2 Membership and Terms.
ARTICLE VII. GAS CODE* 108.2.1 Membership.Members of the con-
Sec. 82-171. Adopted. struction board of adjustment and ap-
The Standard Gas Code, 1997 edition, pub- peals should be composed of individuals
lished by the Southern Building Code Congress with knowledge and experience in the
technical codes,such as design profession-
*Cross reference—Gas franchise,app.A,art. III. als, contractors or building industry rep-
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Supp.No. 5 CD82:14
BUILDINGS AND BUILDING REGULATIONS §82-220
L
resentatives. A board member shall not 102.2.3 Inspector Qualifications, and
act in a case in which he has a personal or 102.2.4 Deputy Building Official Qualifi-
financial interest. cations shall be those qualifications as
108.2.2 Terms. The terms of office of the outlined in Chapter 468,Florida Statutes.
board members shall be two years from (2) Section 108.1 is amended to read as fol-
the date of appointment. Continued ab- lows:
sence of any member from required meet- 108.1 Appointment.There is hereby estab-
ings of the board shall,at the discretion of
lished a board to be called the construc-
the city council,render any such member tion board of adjustment and appeals,
subject to immediate removal from office. which shall consist of five members. The
108.2.3 Quorum and Voting.A simple ma- board shall be appointed by the city coun-
jority of the board shall constitute a quo- cil.
rum.
(3) Section 108.2 is amended to read as fol-
108.2.4 Secretary of Board. The building lows:
official or designee shall act as secretary 108.2 Membership and Terms.
of the board and shall make a detailed
record of all of its proceedings, which 108.2.1 Membership.Members of the con-
shall set forth the reasons for its decision, struction board of adjustment and ap-
the vote of each member,the absence of a peals should be composed of individuals
member and any failure of a member to with knowledge and experience in the
vote. technical codes,such as design profession-
(Code 1981, §615.02; Ord.No. 12-92, § 1(615.02), als, contractors or building industry rep-
8-18-92;Ord.No. 15-93,§ 1(615.02),6-15-93; Ord. resentatives. A board member shall not
No. 20-95, § 1,8-15-95; Ord.No. 5-98, § 1, 3-3-98) act in a case in which he has a personal or
financial interest.
Secs. 82-174-82-195. Reserved. 108.2.2 Terms. The terms of office of the
board members shall be two years from
the date of appointment. Continued ab-
ARTICLE VIII. MECHANICAL CODE sence of any member from required meet-
ings of the board shall,at the discretion of
Sec. 82-196. Adopted. the city council, render any such member
The Standard Mechanical Code, 1997 edition, subject to immediate removal from office.
published by the Southern Building Code Con- 108.2.3 Quorum and Voting.A simple ma-
gress International, Inc., excluding all appendi- jority of the board shall constitute a quo-
ces, is adopted by reference as though it were rum.
copied in this article in full. 108.2.4 Secretary of Board. The building
(Code 1981, §614.01; Ord. No. 11-92, § 1(614.01), official or designee shall act as secretary
8-18-92; Ord. No. 20-92, § 3, 11-5-92; Ord. No. of the board and shall make a detailed
21-95, § 1, 8-15-95; Ord. No. 6-98, § 1, 3-3-98) record of all of its proceedings, which
shall set forth the reasons for its decision,
Sec. 82-197. Amendments. the vote of each member,the absence of a
The mechanical code adopted by reference in member and any failure of a member to
this article is amended as follows: vote.
(Code 1981, § 614.02; Ord. No. 11-92, § 1(614.02),
(1) Sections 102.2.1, 102.2.2, 102.2.3, and 8-18-92;Ord.No. 14-93, § 1(614.02),6-15-93;Ord.
102.2.4 are amended to read as follows: No. 21-95, § 1, 8-15-95; Ord. No. 6-98, § 1, 3-3-98)
102.2.1 Building Official Qualifications,
(11116re 102.2.2 Chief Inspector Qualifications, Secs. 82-198-82-220. Reserved.
Supp.No. 5 CD82:15
§82-221 CAPE CANAVERAL CODE
ARTICLE IX. SOLAR ENERGY Sec. 82-247. Administrative authority city or of-
STANDARDS* ficial.
Whenever the term "administrative authority"
Sec. 82-221. Adopted. or "official" is used in the swimming pool code
adopted by reference in this article, it shall be
The standards promulgated by the state solar construed to mean the building official of the city
energy center,a copy of which is filed with the city or his authorized representative.
clerk and made a part of this article by reference, (Code 1981, § 627.02)
are adopted as governing solar energy equipment
within the city. Secs. 82-248--82-270. Reserved.
(Code 1981, § 618.01)
Sec. 82-222. Permit fees. ARTICLE XI. HOUSING CODEt
Permit fees for solar energy standards will be Sec. 82-271. Adopted.
based on the fee table from the Standard Mechan-
ical Code adopted in section 82-196 in the same The Standard Housing Code, 1997 Edition,
categories and amounts. excluding all appendices,published by the South-
(Code 1981, § 618.03) em Building Code Congress International,Inc.is
adopted by reference as though it were copied in
Sec. 82-223. Compliance with building code. this article in full.
(Code 1981, §619.01;Ord.No. 13-92,§ 1,8-18-92;
OrdSolar energy equipment wind load design spec- No. 23-95, § 1, 8-15-95; Ord. No. 9-98, § 1,
3-3-98)
ifications must comply with Section 1606 of the
Standard Building Code adopted in section 82-31.
(Code 1981, § 618.04; Ord. No. 7-98, § 1, 3-3-98) Sec. 82-272. Administrative authority or of-
ficial.
Whenever the term "administrative authority"
Secs. 82-224--82-245. Reserved. or"official"is used in the housing code adopted by
reference in this article, it shall be construed to
mean the building official of the city or his autho-
ARTICLE X. SWIMMING POOL CODEt rized representative.
(Code 1981, § 619.03)
Sec. 82-246. Adopted. Sec. 82-273. Amendments.
The Standard Swimming Pool Code, 1997 edi- The housing code adopted by reference in this
tion, excluding Sections 105.5 and 105.6 therein, article is amended as follows:
published by the Southern Building Code Con-
gress International, Inc., is adopted by reference Section 106.1 is amended to read as follows:
as though it was copied in this article in full. 106.1 Appointment.
(Code 1981, § 627.01; Ord. No. 18-93, § 1(627.01), 106.1.1 There is hereby established a board
6-15-93; Ord. No. 22-95, § 1, 8-15-95; Ord. No.
8-98, § 1, 3-3-98) to be called the construction board of
adjustment and appeals,which shall con-
*State law reference—Thermal efficiency standards,F.S. sist of five members. The board shall be
§553.900. appointed by the city council.
tCross references—Requirements for fences, walls and
hedges, § 110-470; swimming pool zoning and construction *Cross references—Life safety code adopted, § 38-28;
regulations,§ 110-581 et seq. requirements for fences,walls and hedges,§ 110-470.
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Supp.No.5 CD82:16
BUILDINGS AND BUILDING REGULATIONS §82-367
Lre
106.1.2 Members of the construction board code adopted by reference in this article, it shall
of adjustment and appeals should be corn- be construed to mean the building official of the
posed of individuals with knowledge and city or his authorized representative.
experience in the technical codes, such as (Code 1981, § 625.02)
design professionals,contractors or build-
ing industry representatives.A board mem- Secs. 82-298-82-320. Reserved.
ber shall not act in a case in which he has
a personal or financial interest.
106.1.3 The terms of office of the board ARTICLE SM. THRESHOLD
members shall be two years from the date BUILDINGSt
of appointment.Continued absence of any
member from required meetings of the Sec. 82-321. State law adopted.
board shall, at the discretion of the city All requirements relating to Threshold Build-
council, render any such member subject ings specified in Chapter 553, Florida Statutes,
to immediate removal from office. are adopted herein by reference as though copied
106.1.4 A simple majority of the board in full in this article.
shall constitute a quorum. (Code 1981, § 623.01; Ord. No. 10-98, § 1, 3-3-98)
106.1.5 The building official or designee Secs. 82-322--82-365. Reserved.
shall act as secretary of the board and
shall make a detailed record of all of its Editor's note—Ordinance No. 10-98, §2,adopted March
proceedings, which shall set forth the 3, 1998,repealed§§.t.82-322-8 2-346. Formerly,such sections
pertained to definons; article supplemental; approval of
reasons for its decision, the vote of each plans and specifications;pecifications; structural inspection plan; shoring
Lire member, the absence of a member and and reshoring plans;dual inspection;notice of noncompliance;
any failure of a member to Vote. meeting on stop work order and derived from§623.03 of the
(Code 1981, § 619.02) 1981 Code.
Secs. 82-274-82-295. Reserved. ARTICLE XIV. NUMBERING OF
BUILDINGS AND PROPERTY
ARTICLE XII. EXCAVATION AND Sec. 82-366. Purpose.
GRADING CODE*
The purpose of requiring the display of build-
Sec. 82-296. Adopted. build-
ing or property numbers is for locating such
property in an emergency.
The Standard Excavation and Grading Code,
1975 edition,published by the Southern Building Sec. 82-367. System established; incorpora-
Code Congress, International, Inc., is adopted by tion of map.
reference as though it were copied in full in this A uniform system of numbering properties and
article. principal buildings, as shown on the map identi-
(Code 1981, § 625.01) fled by the title, "Property Numbering Map,"
which is filed in the office of the building official,
Sec. 82-297. Administrative authority or of- is adopted for use in the city. This map and all
ficial. explanatory matter thereon is adopted and made
a part of this article.
Whenever the term "administrative authority" (Code 1981, § 505.01)
or"official" is used in the excavation and grading
tState law reference—Threshold buildings, F.S. §
(1k10,1 *Cross reference—Excavations, §66-61 et seq. 553.79(7).
Supp.No.5 CD82:17
§82-368 CAPE CANAVERAL CODE
Sec. 82-368. Administration.
(a) The building official shall be responsible
for maintaining the numbering system adopted
by this article.
(b) The building official shall duly record all
numbers assigned under section 82-367.
(c) The building official shall assign to any
property owner in the city, upon request and
without charge, a property number for each prin-
cipal building or separate front entrance to such
building. However,the building official may issue
additional property numbers in accord with the
official numbering system whenever a property
has been subdivided,a new front entrance opened
or undue hardship has been worked on any prop-
erty owner.
(Code 1981, § 505.03)
Sec. 82-369. Assignment of numbers.
All properties or parcels of land within the city
shall be identified by reference to the uniform
numbering system adopted in this article.
(Code 1981, § 505.05)
Sec. 82-370. Numbering multiple-family
structures.
Each principal building shall bear the number
assigned to the frontage on which the front en-
trance is located. If a principal building is a
multiple-family structure comprised of four or
more dwelling units, the principal building shall
bear a separate number, and each dwelling unit
therein shall affix a letter suffix or apartment
number suffix to the building number.
(Code 1981, § 505.09)
Sec. 82-371. Posting and specifications of
numbers.
Numbers indicating the official numbers for
each principal building or each front entrance to
such building shall be posted in a manner as to be
clearly visible and distinguishable from the street
on which the property is located. Such numbers
shall be a minimum of three inches in height and
one-half inch in width and of a contrasting color
with the building.
(Code 1981, § 505.11)
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Supp.No.5 CD82:18
SUBDMSIONS §98-92
(1111100'
(i) All rights-of-way for streets,roads and drain- (2) Soil-cement base. Design of the mixture
age easements are to be cleared for their full shall be submitted to the city engineer for
width and, upon completion, left in a clean and approval before processing begins. Wet-
neat condition. If required to prevent erosion or dry test cylinders shall have a psi com-
excessive washing,such areas abutting the street pression value of 300 pounds or greater at
and ditches shall be sprigged with grass or other seven days.
protective measures shall be taken as required by (3) Sand bituminous road mix. Design of the
the city engineer. mixture shall be submitted to the city
(j) All necessary drainage easements shall be engineer for approval before processing
furnished at no expense to the city. starts.The design will include the amount
of bitumen by volume to be supplied per
(k) The developer shall give the city engineer inch of depth per square yard of surface
at least two weeks'notice in writing by registered and the maximum obtainable density per
letter before the commencement of any construc- cubic foot with optimum bitumen content.
tion.
(p) The pavement surface of streets shall have
(1) The developer shall have available a quali- single, double or triple surface treatment, and a
fled engineer or assistant for the purpose of minimum of a one-inch-thick asphaltic concrete
setting all line and grade stakes when required by surface course, as specified by the state depart-
the contractor or inspector. ment of transportation "Standard Specifications
for Road and Bridge Construction,"latest edition.
(m) The city may have an inspector on the
project when deemed necessary during the con- (q) Subgrade stabilization of streets shall have
struction period. The inspector shall be autho-
a limerock bearing ratio(LBR)equal to LBR 40 to
rized to enforce the construction of the work in depth of 12 inches. The subgrade shall be that
accordance with the plans and specifications cov portion of the road directly and through 12 inches
ering the work. The inspector shall be furnished below the base course,and the entire width of the
with a complete set of plans and specifications for road and extending six inches back of the curbs.If
this purpose. If any change is required in the curbs are not used,the subgrade will be stabilized
plans during the period of construction, such one foot wider than the pavement on both sides.
changes must first be approved by the city engi-
neer. (r) Stabilized subgrade requires one LBR for
every 600 square yards. Base course design for
(n) All paved roads shall provide a minimum soil cement and sand bituminous road mix re-
of two 12-foot-wide lanes (24 feet width total) quires a test for every material change. Limerock
exclusive of curbs. base course requires a Proctor test for every type
of limerock. Asphaltic concrete surface course
(o) All roadways shall be underlain by a base requires a design to be submitted for approval.A
course of one of the following types, having a 2300 Hubbard-Field stability is required, as well
minimum thickness of six inches, with design as as type 2, as prescribed by the state department
prescribed by the "Manual of Uniform Minimum of transportation standard specifications.
Standards for Design, Construction and Mainte-
nance of Streets and Highways," as published by (s) Curbs and gutters shall have a raised curb
the state department of transportation, and no of one of the following types and shall be con-
other: structed of class A concrete:
(1) Limerock stabilized base. Limerock base (1) Six-inch by 16-inch straight curb.
will only be used in well-drained areas not
having a high or fluctuating water table. (2) Combination curb and gutter.
The area must be approved by the city (3) Combination sloped curb and gutter sloped
engineer. curb.
Supp.No. 5 CD98:17
§98-92 CAPE CANAVERAL,CODE
(t) Sidewalks shall be constructed as follows: b. The linear error of closure shall not Nor)
(1) Residential areas shall have a sidewalk exceed one foot in 5,000 feet.
no less than four feet wide. c. The closure error shall be adjusted
(2) Arterial and collector streets shall have a by the transit method.
sidewalk five feet wide. (2) Marking boundary lines. Corners and/or
(3) All sidewalks shall be a minimum of three angles in property lines shall be marked
and one-half inches thick, 2500 psi con- with
four-inch by four-inch by 30-inch
trete, reinforced with six by six # ten concrete monuments with 21/4-inch brass
welded wire mesh or withpolypropylene caps. The concrete monuments shall be
reinforced with a no. 4 steel rod.
fibers("Fibermesh"),with expansion joints
at 30-foot intervals and construction joints (3) Computations. Two copies of computa-
at five foot intervals. tions of closure shall be submitted for the
(4) All sidewalks must be approved by the approval of the city engineer.
city engineer. (Code 1981, § 503.09(D); Ord. No. 22-93, §
1(503.11(D)), 7-6-93)
(u) Driveway apron shall be a minimum of six
inches thick, 2500 psi concrete, with six by six # Sec. 98-94. Final acceptance of work.
ten, welded wire mesh. Driveways shall be a
minimum of three and one-half inches thick,2500 (a) Maintenance of the improvements enumer-
psi concrete, with a six by six # ten welded wire
mesh or with polypropylene fibers ("Fibermesh"). ated in this article will not be finally accepted by
the city until all work is fully completed from
(v) Catch basins and drop inlets shall be con- right-of-way line and approved and certified by
structed of either masonry or reinforced class B the city engineer.
concrete.
(w) Drainage pipe shall be of a material as (b) All construction shall be in accordance with
approved in the "Roadway and Traffic Design the applicable state department of transportation
Standards," latest edition, as prepared by the and county road specifications.
state department of transportation. (Code 1981, § 503.09(F); Ord. No. 22-93, §
1(503.11(F)), 7-6-93)
(x) The developer will furnish and install street
markers at all intersections. Such street markers
will be of the quality and design as approved by Secs. 98-95--98-105. Reserved.
the city engineer.
(y) Seeding and planting of median strips shall
be per city specifications. DIVISION 2. DESIGN STANDARDS
(Code 1981, § 503.09(CX4); Ord. No. 22-93, §
1(503.11(C)(4)), 7-6-93; Ord. No. 13-97, §§ 1, 2, Sec. 98-106. Blocks.
10-21-97)
Sec. 98-93. Boundary line survey. (a) The lengths,widths and shapes in d
a subdivision shall be determined with dueofblocks regar
The subdivision boundary line survey shall to the following:
conform to the following: (1) Provision of adequate building sites suit-
(1) Closure. able to the special needs of the use con-
a. The angular error of closure shall templated.
not exceed one minute times the (2) Zoning requirements as provided in chap-
square root of the number of obser- ter 110 of this Code as to lot sizes and
vations. dimensions.
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Supp.No.5 CD98:18
SUBDIVISIONS §98-106
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(3) Such access,circulation,control and safety
of street traffic as deemed necessary to
protect the public health, safety and wel-
fare.
(4) Limitations and opportunities of topogra-
phy.
(b) Block lengths shall not exceed 1,500 feet or
be less than 500 feet.
Live
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Supp.No. 5 CD98:18.1
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VEGETATION * 102-36
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ARTICLE L IN GENERAL Diameter at breast height (dbh) means the
diameter of a trunk of a tree or the sum of the
Secs. 102-1-102-25. Reserved. stems of a multi-stemmed tree, measured four
and one-half feet above natural or finish grade.
ARTICLE H. TREE PROTECTION* Dripline means an imaginary vertical plumb
line that extends downward from the tips of the
outermost tree branches and intersects the ground.
DIVISION 1. GENERALLY Land clearing means the removal of vegetation
from any site, parcel or lot; provided, however, it
Secs. 102-26-102-35. Reserved. does not include mowing,trimming or pruning,so
as to maintain vegetation in a healthy, viable
DIVISION 2. LAND CLEARINGt condition.
Mangrove means any specimen of the species
Sec. 102-36. Definitions. Avicennia germinans (black mangrove),
Laguncularia racemosa (white mangrove) or
The following words,terms and phrases,when Rhizophora mangle (red mangrove).
used in this division, shall have the meanings
ascribed to them in this section,except where the Native vegetation means plant material indig-
context clearly indicates a different meaning: enous to the city,including all those species listed
Active development order means an action byLosol m but not limited to those in section 102-44.
the city approving a site development plan, final Natural cover means trees, brush, roots and
development plan or subdivision plat or the issu- other byproducts of land clearing activity.
ance of a building permit or the approval of a
conditional use permit for a borrow pit, commer- Recognized knowledgeable person means a per-
cial borrow pit or manmade lake. son recognized by the city as being knowledgeable
in the identification and evaluation of vegetative
After-the-fact permit means a permit issued resources, such as a forester, biologist, ecologist,
after a violation has occurred for the primary horticulturalist,landscape architect,licensed land-
purpose of correcting the violation or for bringing scape contractor, certified nurseryman or person
the violator into compliance with this division. having similar recognizable skills and experience.
Agricultural purpose means the bona fide corn-
Tree means a woody or fibrous perennial plant
mercial or domestic, agricultural use of a site, with one or more upright limbs with a minimum
parcel or lot which has been classified as green dbh of three inches, or a sum of dbh of three
belt, pursuant to I?S.ch. 194, or the use of a site, inches for multistemmed trees and an average
parcel or lot for forestry, groves, pasture, nurser-
ies, field crops, commercial sod production or mature height of at least ten feet.
combinations of such activities or any other agri- Tree removal includes any act which physically
cultural pursuits within the applicable land use removes the tree or its root system from the earth
classifications or property located within the pro- or causes a tree to die or changes the natural
ductive agriculture land use classification (PA). grade above or below the root system or around
Barricade means protection for vegetation to the trunk without special protective measures.
be preserved which is erected at the dripline and Understory means an underlying layer of low
clearly visible to heavy equipment operators. native vegetation usually associated with trees.
'Cross reference—Preservation of trees in all zoning
districts,$ 110-568. Undesirable species means any of the species
(11111111100, tCross reference—Solid waste,ch. 62. identified in section 102-45.
Supp.No.5 CD102:3
§ 102-36 CAPE CANAVERAL CODE
Vegetation means any plant material,including (3) Name, address and phone number of ap-
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but not limited to trees, shrubs,vines,herbs and plicant, if other than property owner.
grasses.
Vegetative communities means a natural asso- (4) Date upon which land clearing is to corn-
ciation of vegetative plants, including but not mence.
limited to both trees and understory.
Viable means having the capacity to live and (5) A dimensioned sketch plan showing the
develop. location of all existing and proposed struc-
(Code 1981,§657.01;Ord.No.28-94,§3,7-19-94; tures, driveways, onsite sewage disposal
Ord. No. 13-98, § 1, 3-17-98) facilities, water bodies, existing trees and
Cross reference—Definitions and rules of construction vegetative communities identified by spe-
generally, § 1-2. cies and size or other information as re-
quired by the city.
Sec. 102-37. Civil penalties.
Penalties for violations of this division shall be (b) Development order. If a permit is required,
as specified in F.S. ch. 162 or those listed in this no land clearing shall take place and no survey or
section. No after-the-fact permits shall be issued land clearing permit shall be issued prior to the
by the city to correct violations of this division. issuance of an applicable development order for
Fines for illegal land clearing shall be$250.00 per the property
100 square feet cleared. This includes failure to
erect proper barricades. If protected trees are (c) Survey permit. A survey permit is required
illegally removed from the site, the fine shall be for clearing for surveys and soil or engineering
up to $250.00 per inch of diameter at breast testing according to the following:
height per tree, in addition to the penalty of
$250.00 per 100 square feet cleared.
(Code 1981, § 657.13) (1) Prior to any land clearing for surveying
greater than five feet in width or soil or
Sec. 102-38. Criminal penalties. engineering testing greater than eight
feet in width with a reasonable turn-
In addition to the penalties in section 102-37, around, the owner of the property pro-
each violation of this division shall, upon convic- posed to be cleared or his authorized agent
tion, be punished as provided in section 1-15. shall submit an application for the pro-
(Code 1981, § 657.15) posed land clearing activity to the build-
ing official, on such form as provided by
Sec. 102-39. Permits. the city. The survey permit shall expire
(a) Notice. Unless specifically exempted in this after 30 days from the date of issuance.
division, it shall be unlawful for any person to The building official may grant an admin-
engage in land clearing of any site, parcel or lot istrative waiver for an additional 30 days
within the incorporated area of the city,without a for hardship, including adverse weather,
permit and prior written notification to the build- size of property and inability to obtain
ing official, pursuant to the following conditions, permits from other agencies.
and supplying the city the following information,
at a minimum, on a form to be provided by the (2) When a written survey permit has been
city: issued,the applicant shall post the survey
(1) Legal description of the property, includ-
permit on the affected property in such a
ing street address. manner as to be visible from an abutting
road right-of-way.The survey permit shall
(2) Name,address and phone number of prop- remain posted on the affected property
erty owner. during all applicable land clearing activ-
Supp.No.5 CD102:4
VEGETATION § 102-39
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ity. It is the responsibility of the applicant
to maintain the survey permit form in a
clearly visible manner at all times.
(3) Prior to any land clearing, all trees to be
protected shall be marked at the dripline
by the erection of barriers clearly visible
to heavy equipment operators.
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Supp.No. 5 CD 102:4.1
3
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ZONING
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
Sec. 110-506. Requirements.
Sec. 110-507. Location and dimensions of space.
Secs. 110-508-110-520. Reserved.
Division 4. Home Occupations
Sec. 110-521. Permitted home occupations.
Sec. 110-522. Requirements.
Sec. 110-523. Occupational license required.
Secs. 110-524-110-535. Reserved.
Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Sec. 110-538. Encroachments.
Secs. 110-539-110-550. Reserved.
Division 6. Vehicles and Vessels
Sec. 110-551. Location of recreational vehicles,camping equipment,boats and
boat trailers.
Sec. 110-552. Living aboard boats.
Sec. 110-553. Living or residing in automotive vehicles.
Sec. 110-554. Parking and storage of certain vehicles.
Sec. 110-555. Paving of vehicular use areas.
Secs. 110-556-110-565. Reserved.
Division 7. Landscaping and Vegetation
Sec. 110-566. Landscaping and screening 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.
Supp.No. 5 CD110:5
CAPE CANAVERAL CODE
Sec. 110-582. Enclosure. J
Sec. 110-583. Accessories.
Sec. 110-584. Minimum setbacks.
3
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Supp.No.5 CD110:6
ZONING § 110-1
Lore
ARTICLE I. IN GENERAL purpose of transporting or moving persons, ani-
mals,
mals,freight, merchandise or any substance.The
Sec. 110-1. Definitions. term shall include passenger cars, trucks, buses,
The following words, terms and phrases,when motor homes, motorcycles, scooters and station
used in this chapter, shall have the meanings wagons, but shall not include tractors, construc-
ascribed to them in this section, except where the tion equipment or machinery or any device used
context clearly indicates a different meaning: for performing a job, except as stated in this
definition.
Access easement. See the definition of "utility Awning means a detachable, rooflike cover,
access easement." supported by the walls of a building for protection
Accessory use means a use or structure on the from sun or weather.
same lot with and of a nature customarily inci-
dental and subordinate to the principal use or Block means the area between two adjacent
structure. streets or if no streets are present an area not to
exceed 600 feet in length or width.
Adult congregate living facilities means the
same as defined by F.S. § 400.402. Bottle club means a membership composed of a
group of people which permits the consumption of
Alcoholic beverage means the same as defined alcoholic beverages on a premises without charge.
by F.S. § 561.01(4Xa). Membership shall be for a period of not less than
Alley means any public or private right-of-way one year.
set aside for secondary public travel and servicing Building means any structure built for the
which is less than 30 feet in width. support, shelter or enclosure of persons, animals,
L " Antenna means any exterior transmitting or chattels or property of any kind which has enclos-
,. receiving device mounted on a tower, building or ing walls for 50 percent of its perimeter.The term
structure and used in communications that radi- "building" shall be as if followed by the words "or
ate or capture electromagnetic waves, digital sig- part thereof." For the purpose of this chapter,
nals, analog signals,radio frequencies (excluding each portion of a building separated from other
radar signals), wireless telecommunications sig- portions by a firewall shall be considered as a
nals or other communication signals. separate building. For the purpose of area and
height limitations, this definition shall be appli-
Apartment. See the definition of"dwelling,mul- cable to sheds and open sheds.
tiple-family."
Building official means the official charged
Apartment hotel means a building designed for with the administration and enforcement of this
or containing both apartments and individual chapter as provided in article II of this chapter.
guestrooms or rental units,under resident super-
vision,and which maintains an inner lobby through Camper trailer. See the definition of"recreation-
which all tenants must pass to gain access to al vehicle."
apartments, rooms or units. Camper(truck mounted)means a portable struc-
Approved structure means that which is built ture designed to be mounted on a truck or similar
or constructed or an edifice or building of any kind type vehicle, for the purpose of converting the
in which collected nonhazardous material may be vehicle into a movable living unit, and customar-
stored. ily used for recreational or camping use.
Automotive repair facilities includes all mechan- Church means any building occupied on a
ical engine overhaul or repair and bodywork and permanent basis for religious exercises as a pri-
painting of automotive vehicles. mary use.
Automotive vehicle means any self-propelled Clinic means a building where patients, who
(awe vehicle or conveyance designed and used for the are not lodged overnight, are admitted for exam-
Supp.No.5 CD110:7
§110-1 CAPE CANAVERAL CODE
ination and treatment by one person or group
of Drive-in restaurant or refreshment stand means
persons practicing any form of the healing arts any place or premises used for sale,dispensing or
services to individuals, whether such persons are servicing of food, refreshments or beverages in
medical doctors,chiropractors,osteopaths,chirop- automobiles,including those establishments where
odists,naturopaths,optometrists,dentists or any customers may serve themselves and may eat or
similar profession, the practice of which is li- drink the food, refreshments or beverages on the
censed in the state. The term does not include a premises.
place for the treatment of animals.
Common open space means a parcel or area of Drive, private, means a private way set aside
land or land and water, other than a dedicated for vehicular traffic that does not exceed 200 feet
canal,within the site and designed and intended in developed length and serves less than four
for the use or enjoyment of residents living within residential, commercial or any combination of
the zone or development area. Common open residential and commercial units.
space may contain such complementary struc-
tures and improvements as are necessary and Dwelling, mobile home, means a detached res-
appropriate for the benefit and enjoyment of the idential dwelling unit over eight feet in width,
residents. which bears a seal from the United States depart-
Construction site means a lot or parcel upon went of housing and urban development, de-
signed for travel over highways and streets or for
which development is immediately proposed or in
progress, as authorized by a current building house accommodations or both, manufactured on
permit, an integral chassis or undercarriage and arriving
at the site where it is to be occupied, except for
Containers means any cans, barrels, drums or minor and incidental unpacking and assembly
tanks, except stationary tanks, which would be operations, location on jacks or other temporary
used for the outside storage of nonhazardous or permanent foundations, connection to utilities
materials. and the like.
Convalescent home means a building where
regular nursing care is provided for more than Dwelling, multiple-family, means a residential
one person, not a member of the family, who building designed for or occupied by three or more
families,with the number of families in residence
resides on the premises.
not exceeding the number of dwelling units pro-
Court means an unoccupied open space on the vided.
same lot with the principal building and enclosed
on at least three adjacent sides by walls of the Dwelling, single-family, means a detached res-
principal budding' idential dwelling unit other than a mobile home,
Courtesy notice means a notice of a public designed for and occupied by one family.
hearing, not required by law, mailed at the city's
discretion to property owners within 500 feet of Dwelling, two-family, means a detached resi-
property which is the subject of the public hear- dential building containing two dwelling units,
ing• designed for occupancy by not more than two
Dedication means the deliberate appropriation fees.
of land by its owner for any general and public Dwelling unit or living unit means one room or
uses, reserving to himself no other rights than rooms connected together,constituting a separate
such as are compatible with the full exercise and independent housekeeping establishment for owner
enjoyment of the public uses to which the prop- occupancy, for rent or lease, and physically sepa-
erty has been devoted.
rated from any other rooms or dwelling units
Dish antenna. See the definition of"earth sta- which may be in the same structure and contain-
tion antenna." ing independent cooking and sleeping facilities.
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Supp.No.5 CD110:8
ZONING § 110-1
Easement means a right-of-way granted for
limited use of private property for a public or
quasipublic purpose.
Fair market value means the valuation of a
structure by the county tax assessor in his assess-
ment for the levying of ad valorem taxes for the
tax year.
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Supp.No.5 CD110:8.1
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J
ZONING § 110-1
(1111lbw'
coaches designed to be mounted on automotive tion.As such it is open to the public the same as
vehicles, motorized dwellings, tent trailers and a hotel, except that the buildings are usually
the like, including the coverings. designed to serve tourists traveling by automo-
Manufactured housing or building means a bile,ingress to rooms need not be through a lobby
closed structure, building assembly or system of or office and parking usually is adjacent to the
subassemblies,which may include structural,elec- dwelling unit. The number of efficiency units or
trical, plumbing, heating, ventilating or other units with kitchen facilities shall not exceed a
service systems manufactured in manufacturing maximum of 25 percent of the units per building.
facilities for installation or erection,with or with- There shall be a minimum of six guestrooms per
out other specified components, as a finished building and a minimum of 150 guestrooms per
building or as part of a finished building, which motel. As used in this definition, the term
shall include but not be limited to residential, guestroom means those rooms intended or de-
commercial, institutional, storage and industrial signed to be used or which are used, rented or
hired out to be occupied or which
structures. This does not apply to mobile homes. are occupied,for
Manufactured building may also mean, at the sleeping purposes by guests.
option of the manufacturer, any building of open Motor travel home means a self-propelled vehi-
construction made or assembled in manufactur- cle containing living facilities and customarily
ing facilities away from the building site, for used for camping or recreational uses.
installation or assembly and installation on the
building site. Net residential acre means the horizontal acre-
age of a lot devoted exclusively to residential uses
Marina means a place for docking boats or and their appurtenant accessory uses. Such area
providing services to boats and occupants thereof, shall include the building site, recreation areas,
Loof including servicing and repairing boats, sale of open space, swimming pools,parking,drives,set-
fuel and supplies and provision of food,beverages back areas and the like. Net residential acreage
and entertainment as accessory uses.A yacht club does not include areas used for nonresidential
shall be considered as a marina,but a hotel,motel purposes,streets,waterways, offices,golf courses
or similar use,where docking of boats and provi- or any other use not developed for the exclusive
sion of services thereto is incidental to other use of the property's residents.
activities,shall not be considered as a marina nor Nonconformity means any lot, use of land, use
shall boat docks accessory to a multiple-family of structure, use of structure and premises or
dwelling where no boat-related services are ren- characteristics of any use which was lawful at the
dered. time of enactment of the ordinance from which
Mini-storage means the renting of storage space this section is derived but which does not conform
which is utilized for the incidental storage of with the district in which it is located.
personal effects,which space shall not exceed 280 Nonhazardous material means any material
square feet of net floor area. When used for such which does not increase or cause an increase of
a purpose, such property may not be used in
combination with any other use, with the excep- the hazard of menace of fire to a greater degree
tion of storage garage. than that customarily recognized as normal by
persons in the public service regularly engaged in
Mobile home means a structure as defined in preventing, suppressing or extinguishing fire.
F.S. § 553.36(12). Occupied means the use of a structure or land
Mobile home park means a single parcel of for any purpose, including occupancy for residen-
ground on which there are sites to be leased or tial, business, industrial, manufacturing, storage
rented to tenants for the purpose of parking and public use.
mobile homes. Oceanfront lot means a lot that is contiguous
Motel means a building in which lodging is with the ocean beach and which is considered as
Lbore provided and offered to the public for compensa- fronting on a public street and includes those lots
Supp.No. 5 CD110:11
§110-1 CAPE CANAVERAL CODE
3 adjacent to a dedicated street.All lots contiguous building wilding on the lot on which the dwelling is
with the ocean beach shall be considered interior situated.An attached carport,shed,garage or any
lots. other structure with one or more walls or a part of
Open shed means any structure that has no one wall being a part of the principal building and
enclosing walls. structurally dependent, totally or in part, on the
principal building shall comprise a part of the
Open space area means that area of the lot principal building. A detached and structurally
which is to be left open for free circulation of air independent carport, garage or other structure
and which provides an area for recreational and shall conform to the requirements of any acces-
leisure pursuits. Not to be included as part of sory building. A detached and structurally inde-
open space area are building setbacks, areas pendent garage, carport or other structure con-
occupied by all building structures, parking ar- forming as an accessory building may be attached
eas, roads and drives. Recreational areas may be to the principal buildings by an open breezeway
included. Swimming pools may be included in the not to exceed six feet in width. A connecting roof
calculation of minimum open space. breezeway in excess of six feet and enclosed on
one or both sides, including louvers, lattice or
Parking space, offstreet, consists of a minimum screening, shall cause the entire structure to be
paved area of 200 square feet for parking an construed as the principal building and shall be
automobile, exclusive of access drives or aisles subject to the sections applicable to the principal
thereto. In areas of the city zoned M-1 or C-1, building
sites which require parking spaces for 400 or
more vehicles may be allowed to utilize up to 25 Public use means any use of land or a structure
percent of those spaces for compact car parking. owned and operated by a municipality, county or
Compact car parking spaces shall consist of a the state or federal government or any agency
minimum paved area of 160 square feet,exclusive thereof and for a public service or purpose.
of access drives or aisles thereto.
Recreational vehicle means a unit designed as
Patio. See the definition of"terrace." temporary living quarters for recreational, camp-
ing or travel use,which either has its own motive
Paving may consist of the following materials:
macadam, asphalt, tar, cement, concrete, pervi-
power or is mounted on or drawn by another
ous concrete, bricks, tile, pavestone, tilestone, vehicle. The term includes travel trailer,camping
flags, flagstone, flagging, cobblestone, cobbles, trailer, truck camper, motor home and wheeled
curb, kerb, curbstone, kerbstone, edgestone and recreational trailer.
curbing. All material must be contained by a Residential district means that area set aside
permanent border and properly maintained. primarily for use as low and medium density
Playground means an area of land set aside for residential housing.
outdoor recreation used by children for play and Restaurant means any building or structure or
often equipped for specific activities. Playground portion thereof in which food is prepared and
may also be that part of a park or outdoor recre- served for pay to any person not residing on the
ation facility set aside for such use by children.A premises.
playground may be public or private; however,
any recreational area established for Right-of-way means land reserved, used or to
prekindergarten children only or for adults or be used for a street, alley, walkway, drainage
college students primarily shall not be considered facility or other public purpose.
a playground.
Satellite dish means any device incorporating a
Principal use of structure means a building in reflective surface that is solid, open mesh, or bar
which is conducted the principal use of the lot on configured that is shallow dish, cone, horn, or
which it is situated. In a residential district any cornucopia shaped and is used to transmit and/or
dwelling shall be deemed to be the principal receive electromagnetic signals. This definition is
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Supp.No.5 CD110:12
ZONING § 110-1
L
meant to include, but is not limited to, what are Street means a public or private right-of-way
commonly referred to as satellite earth stations, set aside for public travel.
TVROs, and satellite microwave antennas.
Street centerline means the midpoint of the
Schoolgrounds means all the land included in street right-of-way.
the lot or parcel upon which a school building is Street, private, means a private way set aside
regularly used,except during vacation periods,by for vehicular traffic that exceeds 200 feet in
elementary and secondary school students. The
school and land may be public or private. developed length or serves four or more residen-
tial,commercial or any combination of residential
Service station means a building and premises and commercial units. Private streets shall be
where petroleum products are supplied at retail, installed in accordance with section 98-92.
as a primary use,and where,in addition,services Street right-of-way means the property line
may be rendered and sales made as specified by which bounds the right-of-way set aside for use as
this chapter. a street.
Setback means a required open space on the Structure means that which is built or con-
same lot with a principal building,which space is structed.
unoccupied and unobstructed by buildings from
the ground upward,except as specified in sections Swimming pool means any portable pool or
110-468, 110-538 and 110-567. All required set- permanent structure containing a body of water
back areas shall be landscaped with greenery 18 inches or more in depth or 250 square feet of
(sod) and shall be properly maintained. surface area or more of water service area,includ-
ing an ornamental reflecting pool or fish pond or
Shed means any structure built for the sup- other type of pool, regardless of size, unless it is
port, shelter or enclosure of persons, animals, located and designed so as not to create a hazard
chattels or property of any kind which has enclos- or not be used for swimming or wading.
ing walls for less than 50 percent of its perimeter.
Tent means a collapsible shelter of canvas or
Shopping center means three or more units for other fabric-type material.
purposes of mercantilism.
Terrace means an open space adjacent to the
Sign means the same as defined in chapter 23 principal building on one or two sides, prepared
of the building code adopted in section 82-31. with a hard, semihard or improved surface, for
the purpose of outdoor living.
Special exception means a use that would not
be appropriate generally or without restriction Total floor area or gross floor area means the
throughout the zoning division or district but area of all floors of a building, including finished
which,if controlled as to number,area,location or attics, finished basements and all covered areas,
relation to the neighborhood, would promote the including porches, sheds, carports and garages.
public health, safety,welfare, morals, order, corn-
Townhouse means a single-family dwelling unit
fort, convenience, appearance, prosperity or gen- constructed in a series or group of attached units
eral welfare. Such uses as may be permitted by with property lines separating such units.
the board of adjustment are identified for each
zoning district as special exceptions. Trailer means a portable structure having no
foundation other than wheels,jacks or blocks that
Story means that portion of a building included will not be a hazard to adjacent buildings and
between the floor surface and the upper surface of that is also fully enclosed, operable and licensed.
the floor next above or any portion of a building
used for human occupancy between the topmost Trailer park means an area duly licensed by
floor and roof. A basement or cellar not used for the city and approved by the state board of health,
human occupancy shall not be counted as a story which is designed, constructed, equipped, oper-
Supp.No.5 CD110:13
§ 110-1 CAPE CANAVERAL CODE
ated and maintained for the purpose of providingenerall applies to the area from Y PP each lot line to
space for and otherwise servicing mobile homes the principal building and its attached porches,
and trailers. sheds, carports, garages and storage areas.
(Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96;
Travel trailer. See the definition of"recreation- Ord. No. 9-97, § 1, 9-2-97)
al vehicle." Cross reference—Definitions and rules of construction
generally,§ 1-2.
Utility access easement means an easement
less than 20 feet wide, dedicated and used for Secs. 110-2-110-25. Reserved.
utilities and utility vehicles. The term does not
qualify as an alley pursuant to chapter 98 per-
taining to subdivisions. ARTICLE H. BOARD OF ADJUSTMENT*
Vacant means a building or parcel of land that
is neither occupied nor used. DIVISION 1. GENERALLY
Variance means a relaxation of the terms of Sec. 110-26. Established; composition; qual-
this chapter when such variance will not be ifications.
contrary to the public interest and when,owing to
conditions peculiar to the property and not the (a) A board of adjustment is established,which
result of the actions of the applicant, a literal shall consist of five members and two alternate
enforcement of this chapter would result in un- members appointed by the city council.
necessary and undue hardship. As used in this (b) Members and alternate members of the
chapter, a variance is authorized only for height, board of adjustment shall have been residents of
area, size of structure or size of yards and open the city for at least one year prior to their appoint-
spaces;establishment or expansion of a use other- ment. Members and alternate members shall be
wise prohibited shall not be allowed by variance registered voters.
nor shall a variance be granted because of the
presence of nonconformities in the zoning district (c) Members of the board of adjustment shall
or used in an adjoining zoning district. be appointed for staggered terms of three years.
In addition, the chairman of the planning and
Wall means a structure forming a physical zoning board or his duly authorized representa-
barrier which is so constructed that less than 50 tive shall be an ex-officio member of the board of
percent of the vertical surface from ground level adjustment.
to its top is open to permit the transmission of (Code 1981, § 645.13; Ord. No. 49-93, § 1, 1-4-94)
light, air and vision through such surface in a
horizontal plane. Sec. 110-27. Proceedings.
Wall, concrete boundary, means a structure (a) The board of adjustment shall adopt rules
constructed using concrete, either poured or in necessary to the conduct of its affairs and in
block form,along the property boundary or within keeping with this chapter. Meetings shall be held
the setback and used as a dividing line between at the call of the chairman and at such other
parcels of property in a residential zone, specifi-
times as a majority of the board of adjustment
cally excluding townhouse interior party walls. may determine. The chairman or, in his absence,
the acting chairman may administer oaths and
compel the attendance of witnesses.All meetings
Yard means all open space on the same lot as
the principal building, which space is unoccupied shall be open to the public.
and unobstructed by buildings from the ground *Cross reference—Boards, committees, commissions, §
upward, except as otherwise provided. The term 2-171 et seq.
Supp.No. 5 CD110:14
ZONING § 110-28
cre
(b) The board of adjustment shall keep min-
utes of its proceedings, showing the vote of each
member upon each question or if absent or failing
to vote indicating such fact,and shall keep records
of its examinations and other official actions, all
of which shall be public records and shall be
immediately filed in the office of the city clerk for
the board of adjustment.
(Code 1981, § 645.15)
Sec. 110-28. Powers and duties.
The board of adjustment shall have the powers
and duties enumerated in this article.
(Code 1981, § 645.17)
L
Supp.No. 5 CD110:14.1
J
ZONING § 110-121
easement‘1101
dedicated and (d) No buildingpermit shall be granted for the
proved private street or
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)
required by the building official, including exist-
Lliore ing or proposed building or alteration; existing or
proposed uses of the building and land;the num-
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-
be retained by the building official. pancy of a building pending its completion, pro-
Supp.No.5 CD110:21
§ 110-121 CAPE CANAVERAL CODE
vided that such temporary certificate may require board for study and recommendation. The plan-
such conditions and safeguards as will protect the ning and zoning board shall study such proposals
safety of the occupants and the public. to determine.
(Code 1981, § 645.07) (1) The need and justification for change.
Sec. 110-122. Hotels and motels. (2) The relationship of the proposed amend-
ment to the purpose of the city's plan for
Certificates of occupancy issued for hotels and development, with appropriate consider-
motels shall be issued for the entire hotel or motel ation as to whether the proposed change
project up to 150 units and after 150 units shall will further the purposes of this chapter
be issued in minimums of 50 units per each and the plan.
certificate of occupancy.All units within any one
building of a hotel or motel shall be completed (d) The planning and zoning board shall sub-
before a certificate of occupancy is issued. mit the request for change or amendment to the
(Code 1981, § 645.08) city council with written reasons for its recom-
mendation.
Secs. 110-123-110-135. Reserved. (e) The procedure for the adoption of any ordi-
nance amending this chapter shall be in conform-
ance with the notice and meeting requirements as
DIVISION 4. AMENDMENTS AND codified in Section 166.041, Florida Statutes, as
REZONINGS amended.
(Code 1981, § 647.01; Ord. No. 14-97, § 1, 11-18-
Sec. 110-136. Authority. 97)
The sections, restrictions and boundaries set Sec. 110-138. Limitations.
forth in this chapter may, from time to time, be No proposal for zoning change or amendment
amended, supplemented, changed or repealed in aparticular property
con-
the manner prescribed by law and this division. affecting P party shall contain(Code 1981, ch. 647) dations, limitations or requirements not applica-
ble to all other property in the district to which
the particular property is proposed to be rezoned.
Sec. 110-137. Procedure. (Code 1981, § 647.03)
(a) The procedure for a zoning classification Sec. 110-139. Reconsideration of district
change or any comprehensive plan amendment
shall be the procedure as adopted or promulgated boundary changes.
by the State of Florida in Chapter 163 and Chap- When a proposed change in zoning district
ter 166, Florida Statutes. boundaries has been acted upon by the city coun-
cil Any amendment to this chapter,other than and disapproved or failed to pass, such pro-
(b)a zoning district boundary change, be posed change, in the same or substantially simi-
posed by: g ' may pro- lar form, shall not be reconsidered by the city
council for a period of two years. Such restriction
(1) The city council. shall not apply to the property owner if the
(2) The planning and zoning board. original request was initiated by the city council,
planning and zoning board or any department or
(3) Any department or agency of the city. agency of the city nor shall such restriction apply
(4) Any person. to the city council,the planning and zoning board
or any department or agency of the city.
(c) All proposed amendments, other than a (Code 1981, § 647.05)
zoning change contained in subparagraph(a)above,
shall be submitted to the planning and zoning Secs. 110-140-110-160. Reserved.
3
Supp. No.5 CD110:22
ZONING § 110-171
sum beverages shall not be located
ARTICLE IV. SPECIAL EXCEPTIONS tion of bev p e g
within 2,000 feet of another licensed es-
DIVISION 1. GENERALLY tablishment. The specific distance shall
be measured in a straight line, without
Sec. 110-161. Structures and uses approved regard to intervening structures,from the
by special exception. closest exterior structural wall of each
such establishment. Further, the estab-
A special exception is not deemed nonconform- lishment shall be in compliance with F.S.
ing. Any structure or use for which a special chs. 561 through 568. Provided, however,
exception is granted as provided in this chapter exceptions to this subsection are:
shall be deemed, as to that particular special a. Restaurants seating 200 or more per-
exception, to have all the rights and privileges of sons.
a conforming use, restricted, however, by the
terms of that specific special exception as granted. b. Hotels and motels with 50 or more
(Code 1981, § 643.11) guestrooms.
c. Restaurants licensed by the state
Secs. 110-162-110-170. Reserved. division of alcoholic beverages and
tobacco for malt beverages only or
2. ALCOHOLIC BEVERAGES* malt beverages and wine only, pro-
DIVISIONvided the following are complied with:
Sec. 110-171. Establishments serving alco- 1. The establishment shall have
holic beverages. the capacity for and have in
existence at least 25 seats for
L000l (a) Establishments which shall require a spe-
cial exception under this chapter by the board of within the establishment may
adjustment are those, whether or not licensed by be specifically designed for a
the state department of business and professional bar or lounge operation.
regulation, division of alcoholic beverages and 2. Consumption of food and malt
tobacco, which dispense, sell, serve, store or per- beverages or wine shall be on-
mit consumption on the premises of alcoholic premises only;however,food car-
beverages. In consideration of a special exception ryout without the alcoholic bev-
application, the board of adjustment shall not erages may be permitted.
approve the application unless it is totally consis- 3. A restaurant licensed under this
tent with all the conditions as set forth in this exception shall not derive less
subsection and also the following: than 51 percent of its gross
(1) The establishment shall not be within 300 income from the sale of nonal-
feet of any existing church,schoolgrounds coholic beverages and food pre-
or playgrounds. Measurement shall be pared, sold and consumed on
made from the main entrance of the es- the premises. The obligation to
tablishment to the closest lot line of the sell 51 percent food and nonal-
church, schoolgrounds or playgrounds by coholic beverages is a continu-
following the shortest route to ordinary ing obligation. It is a violation
pedestrian travel along the public thor- of this zoning code to sell wine
oughfare, street or road. and malt beverages granted un-
(2) The establishment of a vendor license by der this exception unless the
the state division of alcoholic beverages restaurant has derived at least
and tobacco permitting on-premises con- 51 percent of its gross income
from the sale of food and non-
*Cross reference—Alcoholic beverages,ch. 6. alcoholic beverages. Such per-
S
upp.No. 5 CD110:23
§ 110-171 CAPE CANAVERAL CODE
centage shall be determined by „..„)
calculating the average monthly
gross revenue from the sale of
food and nonalcoholic bever-
ages for the immediately previ-
ous 12-month period.The owner
of the restaurant shall submit
a signed affidavit attesting to
the compliance of the required
percentage.Such affidavit shall
be binding upon the owner of
the restaurant.The owner shall
also retain cash register re-
ceipts, guest checks and led-
gers which may be reviewed at
the request of the city to deter-
mine compliance.Failure to pro-
vide records requested shall be
grounds for revocation of its
occupational license and spe-
cial exception granted under this
section. The restaurant, if ad-
vertised,shall be advertised and
held out to the public to be a
place where meals are pre-
pared and served.
4. Sale or consumption of malt
beverages and wine shall be
limited to the time period set
by chapter 6.
d. Chapters or incorporated clubs or
veteran's fraternal organizations con-
forming to F.S. § 565.02(4).
(3) Package retail sales of alcoholic beverages
for carryout, except for beer and wine
sales,shall comply with subsections(a)(1),
(aX2)c.5., (a)(4),(aX5)a.3. and(a)(5)a.5. of
this section only.
(4) One parking space shall be provided for
each three seats or seating places. All
seats or seating places, whether located
within a restaurant area or a bar/lounge
area,will be included in the calculation of
the required number of parking spaces.
Package retail sales establishments shall
provide
Supp. No. 5 CD110:24
ZONING § 110-371
Live
(14) Public buildings. (2) Side (interior lot line), 15 feet, except
(15) Telecommunications towers,subject to the where industrial property abuts a residen-
provisions of section 110-482. tial district, in which case the minimum
(Code 1981, §638.07;Ord.No. 13-95, § 1,9-19-95; side interior lot shall be 25 feet.
Ord. No. 8-97, § 1, 9-2-97) (3) Side (corner lot line), 25 feet.
Cross reference—Adult entertainment, § 10-86 et seq.
(4) Rear, 15 feet, except where industrial
Sec. 110-355. Prohibited uses and structures. property abuts a residential district, in
which case the minimum rear yard re-
In the M-1 light industrial and research and quirement shall be 25 feet.
development district,the following uses and struc- (5) Public or private street, 25 feet.
tures are prohibited:
(1) All uses not specifically or provisionally (b) See section 110-536 for special setbacks.
permitted in this division and uses not in (Code 1981, § 638.11)
keeping with the light industrial and re-
search and development character of the Sec. 110-358. Landscaping, screening and
district. parking.
(2) Any use deemed objectionable by the stan- In the M-1 light industrial and research and
dards established in section 110-466 et development district, landscaping, screening and
seq. parking shall be as provided in article IX of this
(Code 1981, § 638.09) chapter.
(Code 1981, § 638.13)
Sec. 110-356. Area and dimensions.
Lio? In the M-1 light industrial and research and Sec. 110-359. Performance standards.
development district, the area and dimensions In the M-1 light industrial and research and
shall be as follows: development district,performance standards shall
(1) Minimum lot area shall be 10,000 square be as provided in section 110-466 et seq.
feet. (Code 1981, § 638.15)
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet. Sec. 110-360. Parking and loading.
(4) Maximum lot coverage shall be 50 per- In the M-1 light industrial and research and
cent. development district,offstreet parking shall be as
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.
(6) The maximum height of all buildings con- (Code 1981, ch. 638.17)
structed within the M-1 zoning district
shall be 45 feet. Secs. 110-361-110-370. Reserved.
(Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
Sec. 110-357. Minimum setbacks. DIVISION 7. TOWNHOUSES
(a) In the M-1 light industrial and research
and development district, the minimum setbacks Sec. 110-371. Permitted use.
required shall be as follows: Townhouses are permitted as an allowed use in
(1) Front, 25 feet. (See subsection (b) of this R-2 and R-3 districts.
Liso, section.) (Code 1981, ch. 639)
Supp.No. 5 CD110:44.1
§110-372 CAPE CANAVERAL CODE
Sec. 110-372. Area and dimensions.
Townhouse area and dimensions shall be as
follows:
(1) Minimum area to be developed shall be
6,250 square feet.
(2) Minimum lot area shall be 1,600 square
feet.
(3) Minimum lot width shall be 20 feet.
(4) Minimum lot depth shall be 70 feet.
3
3
Supp.No. 5 CD110:44.2
ZONING §110477
Lere
lk.Sec. 110473. Minimum width of courts. (d) Sidewalks shall normally abut the
prop-
erty line,but may be installed anywhere within or
The minimum width of a court shall be 30 feet without the right-of-way to permit alignment
for one-story buildings,40 feet for two-story build- with existing sidewalks or to accommodate trees
ings and 60 feet for four-story buildings.For every or other objects which are not desired to be
five feet of height over 40 feet,the width of such a moved, altered or removed.
court shall be increased by two feet,provided that
open unenclosed porches may project into a re- (e) Construction of sidewalks shall be com-
quired court not more than 25 percent of the pleted prior to the issuance of the certificate of
width of such court. Nominal insets in the build- occupancy or final inspection. Costs of construc-
ing facade of six feet or less shall be exempt from tion shall be borne by the property owner. The
this section. construction of the sidewalk shall be in accor-
(Code 1981, § 641.39) dance with the provisions of section 98-92(t)of the
Code of Ordinances of the City.
Sec. 110474. Water areas.
(f) Sidewalks contiguous with or a part of the
All areas within the city which are under water bicycle path system shall provide for a smooth
and not shown as included within any zoning transition between surfaces.
district shall be subject to all the requirements of (Code 1981, § 641.55; Ord. No. 13-97, § 3, 10-21-
the district which immediately adjoins or abuts 97)
the water area. If the water area adjoins two or Cross reference—Streets, sidewalks and other public
more districts, the boundaries of each district places,ch.66.
shall be construed to extend into the water area in
a straight line as projected until they intersect a Sec. 110-476. Dedicated public land.
projected line from other district boundaries.
(Code 1981, § 641.41) Dedicated public streets,walkways, alleys, ac-
Cross reference—Waterways,ch. 106. cessways or easements may be closed or relocated
as part of or in conjunction with any private
Sec. 110475. Sidewalks required. development phase upon an application being
made to the city council, after review of and
(a) Construction of sidewalks shall be required recommendation from the planning and zoning
in conjunction with the construction of any build- board,and if the application is in the best interest
ing or development on property abutting any of the city. However,the vacated land shall not be
paved street, public and private, within the city used as acreage for any density calculations.Any
limits. request for vacating a dedicated public street,
(b) Sidewalks constructed in residential dis- walkway, alley, accessway or easement must be
trict shall be four feet wide, and five feet wide in submitted no later than 30 days prior to the
commercial and all other districts. Sidewalks and planning and zoning board meeting at which it is
concrete aprons will not be required across as- to be considered.
phalt paved driveways,but the asphalt driveways (Code 1981, § 641.57)
Cross references—Parks and recreation areas, ch. 54;
must be maintained in good repair by the prop-
streets,sidewalks and other public places,ch. 66.
erty owner. Sidewalks along State Highway AlA
will require a permit from the state department of
transportation and shall be five feet wide. Sec. 110-477. Dedicated public easement.
(c) Sidewalks being installed on a street within No purported dedication of an easement to the
the same block which already has sidewalks or city shall be effective until it is accepted by the
portions of sidewalks installed must conform in city council, after review and recommendation
width with the existing sidewalks, but not to from the planning and zoning board.
(11001 exceed five feet in width. (Code 1981, § 641.58)
Supp.No.5 CD110:61
§ 110-478 CAPE CANAVERAL CODE
Sec. 110-478. Residential use antennas/sat- (5) Earth satellite o dish antennas in excess of
elite dishes. one meter or 39 inches in diameter shall
be allowed only in the rear or side yard in
(a) Residential use antennas shall mean the all zoning districts. Placement shall not
residential or personal,noncommercial use of any be allowed in the front yard of any lot or
of the following: parcel in any zoning district. Compliance
(1) A ground -or building-mounted receiver with the side setback is required. The
- only radio or TV antenna; rear setback should be complied with,
except when compliance prevents instal-
(2) A ground- or building-mounted citizens lations.
band radio antenna; (6) All electrical installations for the purpose
(3) A ground - or building - mounted panel of erection of antennas shall be in accor-
antenna with a face area of less than four dance with the electrical code adopted in
and one-half square feet; section 82-116 and all applicable city or-
(4) A ground-or building-mounted satellite dinances.Installation of all antennas shall
dish antenna less than ten feet in diame- not be within ten feet horizontally of any
ter. overhead power transmission line.
(7) In all zones, ground-mounted earth sta-
b) Installation of the foregoing antennas shall tion antennas shall be erected at the
comply with the following restrictions: minimum height which allows satellite
reception, not to exceed seven feet in R-1
(1) No owner, occupant or tenant of any res- and R-2 zones and 22 feet in all other
idential use property shall erect, con- zones. The measurement shall be calcu-
struct or install any antenna, or satellite lated from the established grade to the
dish antenna over one meter or 39 inches dish center.
in diameter or on a mast in excess of 12 (8) The maximum outside diameter allowed
feet in height without first obtaining a for a dish receiver is ten feet,and only one
permit from the building official. satellite dish antenna exceeding one meter
(2) Prior to the issuance of any permit for the or 39 inches in diameter shall be allowed
erection, construction or installation of on any lot or parcel of land.
any antenna, the building official shall (9) Any ground-placed antenna drive mecha-
require an approved design placement nism, less than six feet high to its lowest
drawing and engineering specifications, point, shall be fenced or screened by a
signed and sealed by an engineer licensed six-foot high fence at least 80 percent
in the state,to meet all city and state laws opaque at its base.
and ordinances relating to attachment (Ord. No. 9-97, § 2, 9-2-97)
and anchoring to achieve compliance with Editor's note—Ordinance No.9-97,§2,adopted Septem-
110 mile per hour wind zone require- ber 2,1997,repealed§ 110-478 and added a new§110-478 to
ments as referred in Chapter 16, Section read as herein set out. Formerly, such section pertained to
1606 of the Standard Building Code. earth station antennas and derived from§641.61 of the 1981
Code.
(3) All materials that make up the installa- Sec. 110-479. Sewage disposal.
tion of such antennas and supporting struc- No building permit shall be issued unless pro-
tures shall be of a non-corrosive material
to prevent metal fatigue from mainte- visions are included to connect into the city's
nance neglect. sewage collection system,except for single-family
residences which shall otherwise comply with
(4) No earth station antenna exceeding one section 78-26 et seq. pertaining to sewers and
meter or 39 inches in diameter shall be other applicable ordinances and regulations.
mounted onto the top of side of any single- (Code 1981, § 641.45)
family building duplex or triplex. Cross reference-Sanitary sewer system, §78-26 et seq.
Supp.No. 5 CD110:62
ZONING § 110-483
‘1000"
Sec. 110-480. Atomic energy uses. Sec. 110-483. Wireless communications tow-
All atomic energy uses shall meet the stan- ers and antennas.
dards established by and have the approval of the 1. Purpose. The purpose of this section is to
state board of health and the Nuclear Regulatory establish general guidelines for the siting of wire-
Commission. In addition, such uses shall require less communications towers and antennas. The
the approval of the city council, which shall act goals of this section are to: (1)protect residential
only after receiving written recommendations from areas and land uses from potential adverse im-
the city engineer and the planning and zoning pacts of towers and antennas; (2) restrict the
board. location of towers to non-residential areas; (3)
(Code 1981, § 641.51) minimize the total number of towers throughout
the community; (4) strongly encourage the joint
Sec. 110-481. Building required for commer- use of new and existing tower sites as a primary
cial uses. option rather than construction of additional single-
All commercial uses shall provide at least the use towers; (5) encourage users of towers and
minimum size building required for the district in antennas to locate them,to the extent possible,in
which the use is to be located. The building shall areas where the adverse impact on the commu-
contain plumbing facilities adequate to serve the commu-
nity is minimal;(6)encourage users of towers and
needs of the customers and employees of the antennas to configure them in a way that mini-
commercial use. mizes the adverse visual impact of the towers and
(Code 1981, § 641.53) antennas through careful design, siting, land-
Cross reference—Building code, §82-31 et seq. scape screening,and innovative camouflaging tech-
niques; (7)enhance the ability of the providers of
Sec. 110-482. Underground utilities required. telecommunications services to provide such ser-
Utility lines of all kinds, including, but not vices to the community quickly, effectively, and
L
Utility
to, electrical service conductors, tele- efficiently; (8) consider the public health and
phone, cable television, water, sewer, gas and safety and welfare and the safety of communica-
tion towers; and (9) avoid potential damage to
reclaimed water shall be constructed and in-
adjacent properties from tower failure through
stalled beneath the surface of the ground and in
compliance with all applicable laws and ordi- engineering and careful siting of tower struc-
nances unless it is determined by the city man- tures. In furtherance of these goals, the City of
ager with input from the building official and Cape Canaveral shall give due consideration to
public work director that soil, topographical, or the regulations of this section, the City of Cape
any other compelling conditions make the instal- Canaveral s comprehensive plan,zoning map and
lation of such utility lines as prescribed herein regulations, existing land uses, and environmen-
unreasonable or impractical. Primary facilities tally sensitive areas in approving sites for the
providing service to the site and leading to the location of towers and antennas.
site from franchised utilities shall be placed un- 2. Definitions. As used in this section, the
derground.It shall be the developer's responsibil- following terms shall have the meanings set forth
ity to make the necessary arrangements with below:
each utility in accordance with that utility's es- Alternative tower structure means man-made
tablished policies. Installation of incidental ap- trees, clock towers, bell steeples, light poles and
purtenances such as transformer boxes, pedestal similar alternative-design mounting structures
mounted boxes for electricity, or similar service that camouflage or conceal the presence of anten-
hardware necessary for the provision of electric nas or towers.
and communication utilities shall not be required
to be placed underground, although screening of Antenna means any exterior transmitting or
such appurtenances by the use of vegetation is receiving device mounted on a tower, building or
required. structure and used in communications that radi-
(Ord. No. 6-97, § 1, 5-6-97) ate or capture electromagnetic waves, digital sig-
L
Supp.No. 5 CD110:63
110483 CAPE CANAVERAL CODE
3 nals, analog signals,radio frequencies(excluding Wireless communication is the transmission
radar signals), wireless telecommunications sig- and reception of voice,data or video transmission
nals or other communication signals. via radio frequency(RF) signals through electro-
magnetic energy.
Backhaul network means the lines that connect
a provider's towers/cell sites to one or more cellu- 3. Applicability.
lar telephone switching offices, and/or long dis-
tance providers,or the public switched telephone (a) New towers and antennas. All new towers
network. or antennas in Cape Canaveral shall be
subject to these regulations, except as
Collocation means the location of two or more provided in paragraphs 3.(b) through (e),
antennas on a single tower or structure. inclusive.
FAA means the Federal Aviation Administra- (b) Amateur radio station operators/receive
tion. only antennas. This section shall not gov-
ern any tower, or the installation of any
FCC means the Federal Communications Corn- antenna, that is under 70 feet in height
mission. and is owned and operated by a federally-
Height means, when referring to a tower or licensed amateur radio station operator
antenna,the distance measured from the finished or is used exclusively for receive only
grade of the parcel to the highest point on the antennas'
tower or antenna,including the base pad and any (c) Nonconforming towers or antennas. Non-
antenna. conforming towers and nonconforming an-
tennas shall not be required to meet the
Nonconforming towers and nonconforming an- requirements of this section, other than
tennas means any tower or antenna for which a the requirements of paragraphs 4.(f) and
building permit,special exception,or other devel- 4(g)
opment order has been properly issued by the city
prior to the effective date of this section,including (d) AM array. For purposes of implementing
permitted towers or antennas that have not yet this section, an AM array, consisting of
been constructed so long as such approval is one or more tower units and supporting
current and not expired. ground system which functions as one AM
broadcasting antenna,shall be considered
Personal communication services is a relatively one tower.Measurements for setbacks and
new technology of wireless voice, video and data separation distances shall be measured
communication systems which are licensed by the from the outer perimeter of the towers
Federal Communications Commission over two included in the AM array.Additional tower
new frequency bans as defined in the Federal units may be added within the perimeter
Telecommunications Act of 1996. of the AM array by right. For purposes
hereunder, AM or amplitude modulation
Tower means any structure that is designed shall be defined as the encoding of a
and constructed primarily for the purpose of sup- carrier wave by variation of its amplitude
porting one or more antennas for telephone,radio in accordance with an input signal.
and similar communication purposes, including
self-supporting lattice towers, guyed towers, or (e) Residential use antennas.This section shall
monopole towers. The term includes radio and not govern the installation of television
television transmission towers, microwave tow- satellite antennas or other antennas used
ers, common-carrier towers, cellular telephone solely in conjunction with residential use
towers,alternative tower structures,and the like. as defined and regulated by section 110-
The term includes the structure and any support 478 of the Code of Ordinances of the City
and appurtenances thereto. of Cape Canaveral, Florida.
J
Supp.No.5 CD110:64
ZONING § 110-483
Lisvi
4. General requirements. colors,,textures,screening,and land-
(a) Principal or accessory use. Antennas and scaping that will blend them into the
towers may be considered either principal natural setting and surrounding
or accessory uses.A different existing use buildings.
of an existing structure on the same lot (3) If an antenna is installed on a struc-
shall not preclude the installation of an ture other than a tower,the antenna
antenna or tower on such lot. and supporting electrical and me-
(b) Lot size. For purposes of determining chanical equipment must be of a
whether the installation of a tower or neutral color that is identical to, or
antenna complies with zoning district de- closely compatible with, the color of
velopment regulations, including but not the supporting structure so as to
limited to setback requirements, lot-cov- make the antenna and related equip-
erage requirements, and other such re- went as visually unobtrusive as pos-
quirements, the dimensions of the entire sible.
lot shall control, even though the anten- (e) Lighting. Towers shall not be artificially
nas or towers may be located on leased lighted, unless required by the FAA or
parcels within such lot. other applicable authority. If lighting is
(c) Inventory of existing sites. Each applicant required, the lighting alternatives and
for an antenna and/or tower shall provide design chosen must cause the least distur-
to the building official an inventory of its bance to the surrounding views.
existing towers, antennas, or sites ap- (f) State or federal requirements. All towers
proved for towers or antennas, that are must meet or exceed current standards
either within the jurisdiction of the City and regulations of the FAA,the FCC, and
of Cape Canaveral or within one mile of any other agency of the state or federal
the border thereof, including specific in- government with the authority to regu-
formation about the location,height, and late towers and antennas. If such stan-
design of each tower.The building official dards and regulations are changed, then
may share such information with other the owners of the towers and antennas
applicants applying for administrative ap- governed by this section shall bring such
provals or special exceptions under this towers and antennas into compliance with
section or other organizations seeking to such revised standards and regulations
locate antennas within the jurisdiction of within six months of the effective date of
Cape Canaveral, provided, however that such standards and regulations, unless a
the building official is not, by sharing different compliance schedule is man-
such information, in any way represent- dated by the controlling state or federal
ing or warranting that such sites are agency.Failure to bring towers and anten-
available or suitable. nas into compliance with such revised
standards and regulations shall consti-
(d) Aesthetics.Towers and antennas shall meet tute grounds for the removal of the tower
the following requirements: or antenna at the owner's expense.
(1) Towers shall either maintain a gal- (g) Building codes; safety standards. To en-
vanized steel finish or,subject to any sure the structural integrity of towers,
applicable standards of the FAA, be the owner of a tower shall ensure that it is
painted a neutral color so as to re- maintained in compliance with standards
duce visual obtrusiveness. contained in applicable state or local build-
(2) At a tower site, the design of the ing codes and the applicable standards for
buildings and related structures shall, towers that are published by the Elec-
to the extent possible,use materials, tronic Industries Association,as amended
L
Supp.No.5 CD110:64.1
4110-483 CAPE CANAVERAL CODE
from time to time.If,upon inspection,the (n) Multiple antenna/tower plan. Cape
City of Cape Canaveral concludes that a Canaveral encourages the users of towers
tower fails to comply with such codes and and antennas to submit a single applica-
standards and constitutes a danger to tion for approval of multiple towers and/or
persons or property, then upon notice be- antenna sites. Applications for approval
ing provided to the owner of the tower,the of multiple sites shall be given priority in
owner shall have 30 days to bring such the review process.
tower into compliance with such stan-
dards. Failure to bring such tower into (o) Height of towers. The maximum height of
compliance within said 30 days shall con- any tower to be constructed in the City of Cape
stitute grounds for the removal of the Canaveral shall be 230 feet, provided, however,
tower or antenna at the owner's expense. said tower may be increased in height only once
(h) Measurement. For purposes of measure- pursuant to Paragraph 6.(bX1)(bXii)hereof.
ment, tower setbacks and separation dis-
tances shall be calculated and applied to 5. Permitted uses.
facilities located in Cape Canaveral irre- (a) General.The uses listed in this paragraph
spective of municipal and county jurisdic- are deemed to be permitted uses and shall
tional boundaries. not require administrative approval or a
(i) Not essential services. lowers and anten- special exception.
nas shall be regulated and permitted pur- (b) Permitted uses. The following uses are
suant to this section and shall not be specifically permitted:
regulated or permitted as essential ser-
vices, public utilities, or private utilities. Antennas or towers located on property
owned, ld thi
(j) Franchises. Owners and/or operators ofease ' or oerwse controlled b
y
towers or antennas shall certify that all the City of Cape Canaveral provided a
franchises required by law for the con- license,lease,or approval authorizing such
struction and/or operation of a wireless antenna or tower has been approved by
communication system in Cape Canaveral the City Council of Cape Canaveral.
have been obtained and shall file a copy of
all required franchises with the building 6. Administratively approved uses.
official prior to issuance of a building (a) General. The following provisions shall
permit. govern the issuance of administrative ap-
(k) Public notice. For purposes of this section, provals by the building official for towers
any special exception request, variance and antennas•
request, or appeal of an administratively (1) The Building Official may adminis-
approved use shall require public notice tratively approve the uses listed in
to all abutting property owners and all this paragraph 6.
property owners of properties that are (2) Each applicant for administrative ap-
located within the corresponding separa- proval shall apply to the Building
tion distance listed in paragraph 7.(bX5Xii), Official providing the information set
Table 2, in addition to any notice other- forth in subsections 7.(b)(1) and
wise required by local and state law. 7.(b)(3) of this section and a nonre-
(1) Signs. No signs as defined in Section 94-1 fundable fee as established by the
shall be allowed on an antenna or tower. city council to reimburse Cape
(m) Buildings and support equipment. Build- Canaveral for the costs of reviewing
ings and support equipment associated the application.
with antennas or towers shall comply (3) The building official shall review the
with the requirements of subsection 8. application for administrative ap-
J
Supp.No.5 CD110:64.2
ZONING § 110-483
proval and determine if the proposed institutional, or multi-family
use complies with subsections 4., structure of eight or more dwell-
7.(b)(4) and 7.(bX5) of this section. ing units, provided:
(4) The building official shall respond to (i) The antenna does not ex-
each such application within 60 days tend more than 30 feet
after receiving a fully completed ap- above the highest point of
plication by either approving or de- the structure;
nying the application.If the building (ii) The antenna complies with
official fails to respond to the appli- all applicable FCC and
cant within said 60 days, then the FAA regulations; and
application shall be deemed to be (iii) The antenna complies with
approved. all applicable building
(5) In connection with any such admin- codes.
istrative approval, the building offi- (b) Antennas on existing towers.An
cial may,in order to encourage shared antenna which is attached to
use,administratively waive any zon- an existing tower may be ap-
ing district setback requirements in proved by the building official
subsection 7.(b)(4)or separation dis- and, to minimize adverse vi-
tances between towers in subsection sual impacts associated with
7.(b)(5) by up to 50 percent. the proliferation and clustering
of towers, collocation of anten-
(6) In connection with any such admin-
nas by more than one carrier
istrative approval, the building offi- on existing towers shall take
Lsol cial may, in order to encourage the precedence over the construc-
use of monopoles, administratively tion of new towers, provided
allow the reconstruction of an exist- such collocation is accomplished
ing tower to monopole construction. in a manner consistent with
(7) If an administrative approval is de- the following:
Hied, the applicant shall file an ap- (i) A tower which is modified
plication for a special exception pur- or reconstructed to accom-
suant to paragraph 7. prior to filing modate the collocation of
any appeal that may be available an additional antenna
under the zoning ordinance. shall be of the same tower
(b) List of administratively approved uses. type as the existing tower,
The following uses may be approved by unless the building offi-
the building official after conducting an cial allows reconstruction
administrative review: as a monopole.
(1) Locating antennas on existing struc- (ii) Height.
tures or towers consistent with the (a) An existing tower
may be modified or
terms of subparagraphs (a) and (b) rebuilt to a taller
below. height, not to exceed
(a) Antennas on existing structures. 30 feet over the
Any antenna which is not at- tower's existing
tached to a tower may be ap- height, to accommo-
proved by the building official date the collocation
as an accessory use to any corn- of an additional an-
mercial,industrial,professional, tenna.
L
Supp.No.5 CD110:64.3
§110-483 CAPE CANAVERAL CODE
(b) The height change re- aration distances to
ferred to in subpara- residential units or
graph(iiXa)may only residentially zoned
occur one time per lands as established
communication in paragraph 7.(bX5)
tower. shall only be permit-
(c) The additional height ted when approved by
referred to in sub- the building official.
paragraph(iiXa)shall (2) Installing a cable microcell network
not require an addi- through the use of multiple low-
tional distance sepa- powered transmitters/receivers at-
ration as set forth in tached to existing wireline systems,
paragraph 7. The such as conventional cable or tele-
tower's premodifica- phone wires, or similar technology
tion height shall be that does not require the use of tow-
used to calculate such ers.
distance separations.
(iii) Onsite location. 7. Special exceptions(M-1 zoning district only).
(a) A tower which is be- (a) General. The following provisions which
ing rebuilt to accom- shall govern the issuance of special excep-
modate the colloca- tions for towers or antennas:
tion of an additional (1) If the tower or antenna is not a
antenna may be permitted use under paragraph 5. of
moved onsite within
fifty (50) feet of its this section or permitted to be tip-
existing location. proved administratively pursuant to
(b) After the tower is re- paragraph 6.of this section,then the
to accommodate construction of a tower or the place-
builtment of an antenna is only permit-
collocation, only one ted on real property with an M-1
tower may remain on zoning district designation.
the site.
(c) A relocated onsite (2) Applications for special exceptions
tower shall continue under this paragraph shall be sub-
to be measured from ject to any applicable procedures and
the original tower 10-
requirements of the zoning ordi-
cation for purposes of nance, except as modified in this
calculating separa- paragraph.
tion distances be- (3) In granting a special exception, the
tween towers pursu- board of adjustment may impose con-
ant to paragraph ditions to the extent the board of
7.(bX5). The reloca- adjustment concludes such condi-
tion of a tower here- tions are necessary to minimize any
under shall in no way adverse effect of the proposed tower
be deemed to cause a on adjoining properties.
violation of para- (4) Any information of an engineering
graph 7.(bX5). nature that the applicant submits,
(d) The onsite relocation whether civil,mechanical,or electri-
of a tower which cal, shall be certified by a licensed
comes within the sep- professional engineer.
Supp.No.5 CD110:64.4
ZONING § 110-483
(5)Lose
An applicant for a special exception pp p p inventory of existing sites
sub-
shall submit the information de- mitted pursuant to paragraph
scribed both in this paragraph and 4.(c) shall be shown on an up-
section 110-46 and a non-refundable dated site plan or map. The
fee as established by the city council applicant shall also identify the
to reimburse Cape Canaveral for the type of construction of the ex-
costs of reviewing the application. isting tower(s) and the owner/
(b) Towers. operator of the existing tow-
(1) Information required. In addition to er(s), if known.
any information required for appli- (v) A landscape plan showing spe-
cations for special exceptions pursu- cific landscape materials.
ant to the zoning ordinance, appli- (vi) Method of fencing,and finished
cants for a special exception for a color and, if applicable, the
tower shall submit the following in- method of camouflage and illu-
formation: mination.
(i) A scaled site plan (no greater (vii) A description of compliance with
than one inch to 50 feet)clearly paragraphs 4.(c),(d),(e),(f),(g),
indicating the location,type and (j), (1), and (m), 7(b)(4), 7(bX5)
height of the proposed tower, and all applicable federal,state
on-site land uses and zoning, or local laws.
adjacent land uses and zoning (viii) A notarized statement by the
(including when adjacent to applicant as to whether con-
other municipalities), Compre- struction of the tower will ac-
Lore' hensive Plan classification of commodate collocation of addi-
the site and all properties within tional antennas for future users.
the applicable separation dis- (ix) Identification of the entities pro-
tances set forth in paragraph viding the backhaul network
7.(bX5),adjacent roadways,pro- for the tower(s) described in
posed means of access, set- the application and other cellu-
backs from property lines, ele- lar sites owned or operated by
vation drawings of the proposed the applicant in the municipal-
tower and any other structures, i ,
topography, parking, and other
information deemed by the (x) A description of the suitability
building official to be necessary of the use of existing towers,
to assess compliance with this other structures or alternative
section. technology not requiring the use
pro-
(ii) Legal description of theparent of towers or structures to gvide the services to be provided
tract and leased parcel (if ap- through the use of the proposed
plicable). new tower.
(iii) The setback distance between (xi) A description of the feasible lo-
the proposed tower and the near- cation(s)of future towers or an-
est residential unit,platted res- tennas within Cape Canaveral
identially zoned properties,and based upon existing physical,
unplatted residentially zoned engineering, technological or
properties. geographical limitations in the
(iv) The separation distance from event the proposed tower is
other towers described in the erected.
(Illore
Supp.No. 5 CD110:64.5
§110-483 CAPE CANAVERAL CODE
(2) Factors considered inanti spe- submit
�' ng information nformation requested by the
cial exceptions for towers.In addition board of adjustment related to the
to any standards for consideration of availability of suitable existing tow-
special exception applications pursu- ers, other structures or alternative
ant to the zoning ordinance,the board technology. Evidence submitted to
of adjustment shall consider the fol- demonstrate that no existing tower,
lowing factors in determining whether structure or alternative technology
to issue a special exception,although can accommodate the applicant's pro-
the board of adjustment may waive posed antenna may consist of any of
or reduce the burden on the appli- the following:
cant of one or more of these criteria (i) No existing towers or struc-
if the board of adjustment concludes tures are located within the geo-
that the goals of this section are graphic area which meet
better served thereby: applicant's engineering require-
(i) Height of the proposed tower; menta.
(ii) Proximity of the tower to resi- (ii) Existing towers or structures
dential structures and residen- are not of sufficient height to
tial district boundaries; meet applicant's engineering re-
quirements.
(iii) Nature of uses on adjacent and (iii) Existing towers or structures
nearby properties;
do not have sufficient struc-
(iv) Surrounding topography; tural strength to support
(v) Surrounding tree coverage and applicant's proposed antenna
foliage; and related equipment.
(vi) Design of the tower, with par- (iv) The applicant's proposed an-
ticular reference to design char- tenna would cause electromag-
acteristics that have the effect netic interference with the an-
of reducing or eliminating vi- tenna on the existing towers or
sual obtrusiveness; structures, or the antenna on
the existing towers or struc-
(vii) Proposed ingress and egress; tures would cause interference
and with the applicant's proposed
(viii) Availability of suitable exist- antenna.
ing towers, other structures,or (v) The fees, costs, or contractual
alternative technologies not re- provisions required by the owner
quiring the use of towers or in order to share an existing
structures,as discussed in para- tower or structure or to adapt
graph 7.(b)(3) of this section. an existing tower or structure
(3) Availability of suitable existing tow- for sharing are unreasonable.
ers, other structures, or alternative Costs exceeding new tower de-
technology. No new tower shall be velopment are presumed to be
permitted unless the applicant dem- unreasonable.
onstrates to the reasonable satisfac- (vi) The applicant demonstrates that
tion of the board of adjustment that there are other limiting factors
no existing tower, structure or alter- that render existing towers and
native technology that does not re- structures unsuitable.
quire the use of towers or structures (vii) The applicant demonstrates that
can accommodate the applicant's a an alternative technology that
proposed antenna.An applicant shall does not require the use of tow-
3
Supp.No.5 CD110:64.6
ZONING § 110-483
(klisioe
ers or structures, such as a (5) Separation. The following separa-
cable microcell network using tion requirements shall apply to all
multiple low-powered transmit- towers and antennas for which a
ters/receivers attached to a special exception is required; pro-
wireline system, is unsuitable. vided, however, that the board of
Costs of alternative technology adjustment may reduce the stan-
that exceed new tower or an- dard separation requirements if the
tenna development shall not be goals of this section would be better
presumed to render the technol- served thereby.
ogy unsuitable.
(4) Setbacks. The following setback re- (i) Separation from off-site uses/
quirements shall apply to all towers designated areas.
for which a special exception is re-
(a) Tower separation shall be
quired; provided, however, that the measured from the base of
board of adjustment may reduce the
standard setback requirements if the the tower to the lot line of
goals of this section would be better the off-site uses and/or des-
served: ignated areas as specified
(i) Towers must be set back a dis- in Table 1,except as other-
tance equal to at least 75 per- wise provided in Table 1.
cent of the height of the tower (b) Separation requirements
from any adjoining lot line. for towers shall comply
(ii) Guys and accessory buildings with the minimum stan-
L must satisfy the minimum zon- dards established in Table
ing district setback require- 1.
ments.
Table 1
Off-site Use/Designated Area Separation Distance
Single-family or duplex residential units' 200 feet or 300 percent height of tower whichever is
greater
Vacant single-family or duplex residentially zoned 200 feet or 300 percent height of tower2 whichever
land which is either platted or has preliminary is greater
subdivision plan approval which is not expired
Vacant unplatted residentially zoned lands' 200 feet or 300 percent height of tower whichever is
greater
Existing multi-family residential units greater than 200 feet or 300 percent height of tower whichever is
duplex units greater
Non-residentially zoned lands or non-residential None; only setbacks apply
uses
Highway AlA 200 feet or 100 percent height of tower whichever is
greater
'Includes modular homes and mobile homes used for living purposes.
2Separation measured from base of tower to closest building setback line.
3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid
development plan approval and any multi-family residentially zoned land greater than duplex.
Supp.No. 5 CD110:64.7
§110-483 CAPE CANAVERAL CODE
(ii) Separation distances between straight line between the
• towers. base of the existing tower
(a) Separation distances be- and the proposed base,
tween towers shall be ap- pursuant to a site plan, of
plicable for and measured the proposed tower. The
between the proposed separation distances (list-
tower and preexisting tow- ed in linear feet) shall be
ers. The separation dis- as shown in Table 2.
tances shall be measured
by drawing or following a (b) Table 2:
Existing Towers—Types
Monopole Less
Monopole 75 Ft in Than 75 Ft in
Lattice Guyed Height or Greater Height
Lattice 5,000 ft 5,000 ft 1,500 ft 750 ft
Guyed 5,000 ft 5,000 ft 1,500 ft 750 ft
Monopole 75 Ft in 1,500 ft 1,500 ft 1,500 ft 750 ft
Height or Greater
Monopole Less Than 750 ft 750 ft 750 ft 750 ft
75 Ft in Height
(6) Security fencing. Towers shall be en- for residences. The standard
closed by security fencing not less buffer shall consist of a land-
than six feet in height and shall also scaped strip at least four feet
be equipped with an appropriate anti- wide outside the perimeter of
climbing device; provided however, the compound.
that the board of adjustment may
waive such requirements,if the goals (ii) In locations where the visual
of this section are better served impact of the tower would be
thereby and the public health,safety, minimal, the landscaping re-
and welfare is not adversely affected quirement may be reduced or
by such waiver. waived by the board of adjust-
(7) Landscaping.In addition to any other ment if the goals of this section
applicable landscaping requirements would be better served thereby.
in the zoning ordinance, the follow-
ing requirements shall also govern (iii) Existing mature tree growth and
the landscaping surrounding towers natural land forms on the site
for which a special exception is re- shall be preserved to the maxi-
quired; provided, however, that the mum extent possible. In some
board of adjustment may waive such cases, such as towers sited on
requirements if the goals of this sec- large, wooded lots, natural
tion would be better served thereby. growth around the property pe-
(i) Tower facilities shall be land- rimeter may be sufficient buffer.
scaped with a buffer of plant
materials that effectively
screens the view of the tower
compound from property used
j
Supp.No.5 CD110:64.8
ZONING § 110-483
Lose
8. Equipment cabinets and accessory strut- notifying the owner of such abandonment.Failure
tures. to remove an abandoned antenna or tower within
(a) Antennas mounted on structures or roof- said 90-day shall be grounds to remove the tower
tops. The equipment cabinets or strut- or antenna at the owner's expense. If there are
tures used in association with antennas two or more users of a single tower, then this
shall comply with the following: provision shall not become effective until all users
cease using the tower.
(1) The cabinet or structure shall not
contain more than 36 square feet of 10. Nonconforming uses.
gross floor area or be more than six
feet in height. (a) Not expansion of nonconforming use. Tow-
(2) Equipment storage buildings or cab- ers or antennas that are constructed, and
mets shall comply with all applica- antennas that are installed,in accordance
ble building codes. with the provisions of this section shall
not be deemed to constitute the expansion
(b) Antennas mounted on utility poles or light of a nonconforming use or structure.
poles. The equipment cabinet or structure
used in association with antennas shall (b) Preexisting towers.Nonconforming towers
be located in accordance with the follow- or antennas shall be allowed to continue
ing:
their usage as they presently exist. Rou-
tine maintenance shall be permitted on
(1) In residential districts, the equip-
such nonconforming towers or antennas.
ment cabinet or structure may be New construction other than routine main-
located:
tenance on a nonconforming tower or an-
(i) In a rear or side yard provided tensa shall comply with the requirements
Lirtol the cabinet or structure is no of this section.
greater than six feet in height
or 36 square feet of gross floor (c) Rebuilding damaged or destroyed noncon-
area and shall otherwise con- forming towers or antennas.Notwithstand-
form to the requirements of sec- ing paragraph 9., bona fide nonconform-
tion 110-468 as an accessory ing towers or antennas that are damaged
structure. or destroyed may be rebuilt without hav-
(ii) The structure or cabinet shall ing to first obtain administrative ap-
be screened from view. proval or a special exception and without
having to meet the separation require-
(2) In commercial or industrial districts
ments specified in paragraphs 7.(bX4)and
the equipment cabinet or structure 7(bX5). The type, height, and location of
shall be no greater than six feet in the tower onsite shall be of the same type
height or 36 square feet in gross and intensity as the original facility ap-
floor area and shall otherwise con- proval. Building permits to rebuild the
form to the requirements of section facility shall comply with the then appli-
110-468 as an accessory structure. cable building codes and shall be obtained
The structure or cabinet shall be within 180 days from the date the facility
screened from view. is damaged or destroyed. If no permit is
9. Removal of abandoned antennas and tow- obtained or if said permit expires, the
ers. Any antenna or tower that is not operated for tower or antenna shall be deemed aban-
a continuous period of 12 months shall be consid-
doned as specified in paragraph 9.
ered abandoned, and the owner of such antenna (d) Collocation. To accommodate collocation,
or tower shall remove the same within 90 days of nonconforming towers may add addi-
receipt of notice from the City of Cape Canaveral tional antennas (belonging to the same
(tiosie
Supp.No.5 CD110:64.9
§ 110-483 CAPE CANAVERAL CODE
tamer or other carrier)subject to admin- (5) Manufacturing and industrial uses. One
istrative review pursuant to paragraph 6. space for each employee on the largest
of this section. work shift.
(e) Repair. Nothing in this section shall be (6) Medical or dental clinics.Three spaces for
deemed to prevent the strengthening or each examination or treatment room plus
restoring to a safe condition of any non- one space for each employee.
conforming tower or antenna or part (7) Mortuaries. One space for each five seats
thereof declared to be unsafe by the build- or seating places,exclusive of areas needed
ing official or any other city official autho- for ambulances.
rized to protect the public, health, safety,
and welfare. (8) Nursing or convalescent homes and sani-
(Ord. No. 8-97, § 2, 9-2-97) tariums. One space for each four patient
beds plus one space for each employee on
Secs. 110-484-110-490. Reserved. the largest work shift.
(9) Commercial,office and professional build-
ings,DIVISION 2. OFFSTREET PARKING* excluding medical and dental clin-
ics. One space for each 300 square feet of
gross floor area.
Sec. 110-491. Number of spaces required.
(10) Public buildings. One space for each five
There shall be provided at the time of the seats or seating places or one space for
erection or change of use of any main building or every 150 square feet of floor area in the
structure or at the time any main building or main assembly room,whichever is greater.
structure is enlarged or increased in capacity, by (11) Residential uses, including single-family,
adding dwelling units, guestrooms, floor area or
seats,minimum offstreet automobile parking space two-family and multiple-family dwellings
with adequate provisions for ingress or egress in and mobile homes. Two spaces for each
living unit.
accordance with the following:
(1) Auditoriums, theatres, clubs, lodges, res- (12) Colleges,technical and vocational schools.
One space for each student and faculty
taurants and other places of assembly. member.
One space for each three seats or seating
places or one space for every 100 square (13) Hotels and motels. One space for each
feet of floor area of the main assembly sleeping unit plus one space for 12 sleep-
hall, whichever is greater. ing units for employee parking.
(2) Churches, temples or places of worship. (14) All other uses. To be determined by the
One space for each four seats or seating building official, who shall use the ratios
places or one space for each 125 square established in this section as a standard
feet of floor area of the main assembly for determining the requirements.
hall, whichever is greater. (Code 1981, § 641.01(A))
(3) Hospitals. Two spaces for each patient
bed plus one space for each employee on Sec. 110-492. Location of spaces.
the largest work shift.
(4) Libraries, museums. Offstreet parking (a) Parking spaces for all residential uses shall
be located on the same property as the main
spaces equal in area to 50 percent of the building,except that one-half the total number of
floor area open to the public. required spaces for multiple-family dwellings,
*Cross references—Requirements for landscape appear- townhouses and mobile homes may be located in a
ance and maintenance, §34-99;buildings and building regu- common parking facility not more than 200 feet
lations,ch.82. distant from the nearest boundary of the site.
Supp. No.5 CD110:64.10
ZONING § 110-506
(b) Parkingspaces for other uses shall be pro- bepermitted two p p openings not to exceed
vided on the same lot or not more than 500 feet 35 feet each in width along any abutting
distant. public street,provided that such property
(c) Parking requirements for two or more uses abuts such street for a distance of not less
than 120 feet.
of the same or different types may be satisfied by
the allocation of the required number of spaces for (4) There shall be a minimum distance of 30
each use in a common parking facility. feet between any two openings onto the
same street.
(d) Required offstreet parking areas for seven (5) No point of access shall be allowed within
or more automobiles shall have individual spaces 30 feet of the intersection of the right-of-
marked and shall be so designed,maintained and way lines of any public street.
regulated that no parking or maneuvering shall
be on any landscaped buffer,public street,walk or (6) No curbs shall be cut or altered and no
alley and so that any automobile may be parked point of access or opening for vehicles onto
and unparked without moving another, allowing, a public street shall be established with-
however,a driveway of not more than 24 feet total out a permit issued by the building de-
on any street or alley for ingress or egress to the partment.
offstreet parking area. (7) In lieu of any two openings permitted on
(Code 1981, § 641.01(B)) any one street, there may be permitted a
single point of access up to 35 feet in
Sec. 110-493. Access. width when the property frontage is in
(a) In order to promote the safety of the motor- excess of 200 feet.
ist and the pedestrian and to minimize traffic
Lare"" congestion and conflict by reducing the magni-
tude of and the points of contact, the following such as plaza developments, compound uses and
shall a 1 shopping centers, shall be considered on an indi-
PP y' vidual basis and may deviate from this section in
(1) A point of access (a driveway or other the interest of traffic safety, upon recommenda-
opening for vehicles onto a public street) tion by the planning and zoning board.
shall not exceed 24 feet in width, except
as otherwise provided in this division. (c) One-family, two-family and three-family
(2) The maximum number of points of access dwelling units shall be exempt from this section.
permitted onto any one street shall be as (Code 1981,§641.01(C);Ord.No.3-96,§1,3-5-96;
follows: Ord. No. 26-96, § 1, 1-14-97)
Lot Width Number of Points
Abutting Street of Access Secs. 110-494-110-505. Reserved.
Less than 125 feet 1
Over 125 feet 2 DIVISION 3. OFFSTREET LOADING
provided; however, that a residential lot
of less than 125 feet may have a circle Sec. 110-506. Requirements.
driveway with two points of access pro-
vided that it comply with the other terms (a) Every permitted use requiring the receipt
and conditions of this section. or distribution by vehicles of materials or mer-
(3) Joint use access between abutting proper- chandise and having a floor area of 10,000 square
ties is encouraged and there may be per- feet or more shall have at least one permanently
mitted a single joint use point of access up maintained offstreet loading space for each 10,000
to 35 feet in width. Service stations shall square feet or fraction thereof of gross floor area.
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Supp.No. 5 CD110:64.11
§110-506 CAPE CANAVERAL CODE
(b) Single-occupancy retail operations, whole-
sale operations and industrial operations with a
gross floor area of less than 10,000 square feet
shall provide sufficient receiving space on the
property so as not to hinder the movement of
vehicles and pedestrians over a sidewalk, street
or alley.
(Code 1981, § 641.03(A))
Sec. 110-507. Location and dimensions of
space.
Each offstreet loading space shall have direct
access to an alley or street and shall have the
following minimum dimensions:
(1) Length, 45 feet.
(2) Width, 12 feet.
(3) Height, 14 feet.
(Code 1981, § 641.03(B))
Secs. 110-508-110-520. Reserved.
DIVISION 4. HOME OCCUPATIONS*
Sec. 110-521. Permitted home occupations.
Customary home occupations which are inci-
dental to the permitted residential use shall be
allowed in any district which permits home occu-
pations.
(Code 1981, § 641.07)
Sec. 110-522. Requirements.
(a) Home occupations are permitted within the
confines of any dwelling unit,provided all restric-
tions of this section are complied with.
•Cross reference—Occupational license tax, § 70-66 et
seq.
Supp.No.5 CD110:64.12
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
Chapter 10.Amusements and Entertainments
Article III. Outdoor Entertainment
(a) Permit fee, per day $ 500.00 10-63
Article IV.Adult Entertainment
(a) Appeal of license or permit denial, suspension or revocation 50.00 10-99(b)
(b) License for establishment:
(1) Application fee, nonrefundable 200.00 10-114(b)
(2) License fees: 10-121
a. Adult bookstore 1,000.00
b. Massage establishment 1,000.00
c. Adult motion picture theaters:
1. Having only adult motion picture booths, each
booth, limited to a cumulative fee not to exceed
$1,000.00 200.00
2. Having only a hall or auditorium, each seat or
place, limited to a cumulative fee not to exceed
Losof $1,000.00 15.00
3. Having a combination of any of the places listed
in items (2)c.1., 2., the fee shall be the fee
applicable to each, limited to a cumulative fee
not to exceed $1,000.00
d. Adult dancing establishment 1,000.00
e. Adult motel 1,000.00
(3) Application for change of location 200.00 10-123(a)
(4) Change of name 3.00 10-123(b)
(c) Permit for employees:
(1) Application fee 16.00 10-139(e)
(2) Renewal fee 16.00 10-143
(3) Replacement of lost permit 10.00 10-148
Chapter 22. Community Development
Article III. Community Appearance Review
1. Level I
a. Commercial and industrial projects 850 square feet or less 75.00 22-42
b. One to three residential units 75.00 22-42
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Supp.No.5 CDB:5
CAPE CANAVERAL CODE
Code
Description Amount Section
2. Level II
•
a. Commercial and industrial projects over 850 square feet 75.00 22-42
b. Four or more residential units 75.00 22-42
Chapter 30.Emergency Services
Article II.Alarm Systems
(a) Failure to provide response to alarm location, each occurrence. 150.00 30-29
(b) False alarm,second or subsequent response within a six-month
period: 30-31(c)
(1) Fire response 150.00
(2) Police response 25.00
(c) Appeal of determination of false alarm, filing fee 10.00 30-31(e)
(d) Permit fee 15.00 30-48(b)
Chapter 34. Environment
Article IV Weeds and Dead Vegetation 34-121
(a) Fees for mowing unimproved platted lots within the city:
(1) Avon-by-the-Sea:
a. For one lot 26.50
b. For each additional lot under one ownership 19.50
(2) Cape Canaveral Beach Gardens:
a. For one lot 32.50
b. For each additional lot under one ownership 26.00
Article VI. Abandoned Property
(a) Storage fees, per day 10.00 34-188
Chapter 38. Fire Prevention and Protection
Article IV Fireworks
(a) Permit for public display of fireworks 50.00 38-83
Chapter 62. Solid Waste
(a) Collection fees: 62-5
(1) Single-family, duplex and triplex, per unit per month 8.47
(2) Mobile home units and individual apartments or condomin-
iums, per unit per month 5.88
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Supp.No.5 CDB:6
APPENDIX B--SCHEDULE OF FEES
L
Code
Description Amount Section
(3) Individual commercial business accounts with trash cans,
per unit per month 10.85
(4) Commercial dumpsters used by commercial businesses,
apartment complexes and condominiums, per container-
ized yard per month 27.01
(5) Special collection services, in addition to the normally
provided twice-weekly service for commercial dumpsters
as provided in subsection(4)above,per containerized yard
per pick-up 3.86
(6) Recycling service, per dwelling unit per month 2.13
cure.
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APPENDIX B—SCHEDULE OF FEES
Lire
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
Lore 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. $100.00 or less:
1. No inspection required No fee
2. Inspection required, for each inspection 25.00
b. $101.00 to$2,000.00,per$1,000.00 or fraction thereof,
to and including $2,000.00 25.00
c. $2,001.00 to $20,000.00:
1. For the first $2,000.00 50.00
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Supp.No. 5 CDB:11
CAPE CANAVERAL CODE
Cock
3
Description Amount Section
2. For each additional$1,000.00 or fraction thereof,
to and including$20,000.00 5.00
d. $20,001.00 to $100,000.00:
1. For the first $20,000.00 140.00
2. For each additional$1,000.00 or fraction thereof,
to and including$100,000.00 4.00
e. $100,001.00 to $500,000.00:
1. For the first $100,000.00 460.00
2. For each additional$1,000.00 or fraction thereof,
to and including$500,000.00 3.00
f. $500,001.00 and up
1. For the first $500,000.00 1,660.00
2. For each additional $1,000.00 or fraction there-
of 2.00
Total valuation for residential permit fees shall be based on
a value of$50.00 per square foot for all living areas and
$24.00 per square foot for garages, basements, carports
and enclosed patios and porches as determined by an
average of the evaluation data published by the Southern
Building 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 25.00
b. Moving of building 100.00
c. Demolition of building:
1. 0 to 100,000 cubic feet 50.00
2. 100,000 cubic feet and over,per 1,000 cubic feet0.50
d. Certificate of occupancy 25.00
(b) Plumbing.In addition to any fee or fees charged in subsection(a)
above:
(1) New construction:
3
Supp.No.5 CDB:12
APPENDIX B—SCHEDULE OF FEES
(11111110,
Code
Description Amount Section
a. Single-family, per bath or portion thereof 50.00
b. Duplex, triplex and multi-family, per bath or portion
thereof 50.00
c. Hotel/motel, per unit 50.00
(2) Remodeling,alterations,additions,repairs,minimum plumb-
ing permit 25.00
Refer to subsection(a)on valuations in excess of$1,000.00
(3) Sewer tap inspection fee 25.00
(c) Electrical.In addition to any fee or fees charged in subsection(a)
above:
(1) New construction:
a. Single-family 75.00
b. Multi-family, per unit 65.00
c. Hotel/motel, per unit 50.00
Lose (2) Remodeling,alterations,additions,repairs,minimum elec-
trical permit 25.00
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, minimum mechanical permit 25.00
Refer to subsection (a) on valuations in excess of$1,000.00.
(e) Plan checking fee:
(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 plans and specifications for construction are re-
viewed by the city engineer, then 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. The building official may require a deposit of esti-
mated cost for engineering fees upon receipt of the appli-
cation for a building permit.
Live
Supp.No.5 CDB:13
CAPE CANAVERAL CODE
3
Code
Description Amount Section
(f) Reinspection fees. When extra inspection trips are necessary
due to wrong address, second call on condemned work, addi-
tional work done after inspection has been made, or work not
ready for inspection when called, a charged of$25.00 shall be
paid in advance for each additional inspection.
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
(b) Reservation of priority of an applicant over subsequent applica-
tions is by prepayment of concurrency review fees 86-7
Chapter 90.Floods
Article IV Stormwater Management
(a) Permit fee 90-131
(b) Inspection fee 90-195
Chapter 94. Signs
(a) Permit issuance fee 10.00 94-35
(b) In addition, an inspection fee per square foot of sign area 0.50 94-35
(c) Reinspection fee 5.00 94-35
(d) For commencing work without a permit, all fees shall be double
(e) Political sign deposit (refundable) 40.00 94-78
Chapter 98. Subdivisions
(a) Variance application fee 100.00 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 replatlsubdivision of land
shall be charged at a rate equal to 50 percent of the original fee.
Supp.No.5 CDB:14
APPENDIX B-SCHEDULE OF FEES
L
Code
Description Amount Section
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 zoning ordinance 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
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
L 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)
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Supp.No. 5 CDB:15
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CODE COMPARATIVE TABLE
L''''
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
52-93 1- 4-94 1 58-27
53-93 1- 4-94 1 54-26
L 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.ord.,p.is
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
24-94 7-19-94 1 Added 78-151(c),(d),(e)
25-94 7-28-94 1 Rpld 70-66-70-88
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Supp.No.5 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(a)(6)
2 34-122
3 102-36
4 102-39(dX1)a.,b.
5 102-41(bX1),(dX1)
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
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
5 34-126
11-95 6-20-95 1 94-76
12-95 6-20-95 1 94-1
3
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(cX13),(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
1-96 1-30-96 1 Added 110-352(7)
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CODE COMPARATIVE TABLE
LIO?
Ordinance/
Resolution Section
Number Date Section this Code
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.IV, §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
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
Lisie 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
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(a)(7)
96-26(Res.No.) 5-21-96 1 App. B,Ch. 78,Art.
IIIc)
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.
IIIb)
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)
2 Added 110-483
9-97 9- 2-97 1 110-1
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)
L
Supp.No.5 CCT:15
CAPE CANAVERAL CODE
......)
Ordinance/
Resolution Section
Number Date Section this Code
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
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
15-98 3-17-98 1 78-176
2 78-177
3 Added 78-181
3
„mi.,
Supp.No. 5 CC1`16
Liof
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.XVII, §§3-6
34.191 Ch.50 Char.Art.XVII,§§8,9
ch.50 2-288 Char.Art.XX
50.041 2-288 Char.Art.XXI,§2
50.051 2-288 Char.Art.XXII
chs.97-106 Char.Art.III Char.Art.XXIV,§ 1
Char.Art.XXI Char.Art.XXIV,§ 10
Ch.26 110-37(a)
26-1 166.021(5) Char.Art.XIII,§3
97.041 Char.Art.XXI,§2 Char.Art.XIV, §§
98.041 Char.Art.XXI,§2 1-3
Char.Art.XXI,§9 Char.Art.XVII,§7
98.041 et seq. Char.Art.XXI,§2 Char.Art.XVII,
100.361 Char.Art.XXI,§§ § 10
10, 11 166.041 1-11
101.161 Char.Art.XXI,§ 16 Char.Art.XXIV,§4
112.311 et seq. Char.Art.XXIV,§ 13 110-137(e)
58-29 166.046 App.A,Art. I
112.3135 Char.Art.XXIV,§8 166.101 Ch.2,Art.V
112.3143 2-67 166.101 et seq. Ch. 70
(111lie ch. 119 78-98 166.222 82-322
119.011 2-116 166.231 Ch.70,Art.II
119.021 2-116 70-27
161.041 82-85 166.231(1Xb) 70-29
161.053 Ch. 14,Art.III 166.232 Ch.70,Art.II
151.52 et seq. Ch. 82,Art.IV 166.241 Char.Art.XVII,§ 1
161.55(1Xd) 82-94 Char.Art.XVII,§9
82-81 167.22 App.A,Art.III,§8
161.142 Ch. 14,Art.III ch. 170 Char.Art.XX
161.161 Ch. 14,Art.III 90-192
161.163 Ch. 14,Art.III ch. 171 Char.Art.XXIII
ch. 162 Ch. 2,Art.VI ch. 177 Ch.98
2-256 98-1
2-258 110-423
94-5 177.25 et seq. 110-222
102-37 ch. 192 et seq. Char.Art.IX,Char.
162.05 2-257 Art.X
162.09(3) 78-60 Char.Art.XVIII,
ch. 163 110-37(a) Char.Art.XIX
163.3161 et seq. 58-35 Ch. 70
163.3161-163.3211 58-57 ch. 194 102-36
163.3174 58-56 ch. 200 Char.Art.XVII, §§
163.3178 82-93 3-6
163.3220 86-2 203.012 70-26
ch. 166 Char.Art.I,§3 ch.205 Ch. 70,Art.III
Char.Art. II 70-83
Char.Art. II,§ 1 205.043(2), (3) 70-81
Char.Art.XIII, §§ 1,2 205.053 70-75
Char.Art.XIII, §§4-6 205.053(1) 70-74
Char.Art.XV,§ 2 70-76
Char.Art.XVI,§ 1 205.053(2) 70-75
Char.Art.XVII, § 1 205.053(3) 70-75
(111111•00°
Supp.No.5 SLT:1
CAPE CANAVERAL CODE
F.S. Section F.S. Section
J
Section this Code Section this Code
215.85 2-206 chs.561-568 110-171(aX2)
ch. 218 Char.Art.XVIII ch.561 et seq. Ch. 6
218.32 Char.Art.XVII, §9 561.01 6-51
218.33 Char.Art.XVII,§ 1 561.01(4)(a) 110-1
232.03 10-139 562.14 6-26,6-27
ch. 233 10-86 562.45 6-27
ch.252 Ch. 18 565.02(4) 110-171
ch. 280 Char.Art.XVII,§8 ch.633 Ch.38
ch.286 Ch.2,Art.II,Div.3 633.022 Ch. 38,Art. II
286.011 Char.Art.V,§ 1 633.025 Ch.38,Art.II
ch.316 74-1 658.98 2-206
74-63 ch.705 34-180
316.194 74-56 705.101 et seq. Ch. 34,Art.VI
316.195 34-34 ch.718 110-404
316.293 Ch.34,Art.V 768.28 Char.Art.XXIV,
316.650 Char.Art.XIII,§6 § 11,
316.1936 Ch.6,Art. III,Div.2 Char.Art.XXIV,
316.1945 74-56 §12
Ch.318 74-63 775.082 Ch.50
320.823 82-81 50-1
82-88 775.083 Ch. 50
Ch.337 66-1
50-1
370.12 Ch. 14,Art.III 790.15 50-1
380.04 86-2 ch. 791 Ch. 38,Art. IV
ch.381 10-163 791.01 38-81
ch. 386,pt.I 10-62 ch. 794 80-1
403.902 110-1 ch 796 10-86
403.91 et seq. Ch. 106,Art.. II 80-1
403.413 Ch.34,Art.II ch.800 10-86
403.415 Ch.34,Art.V 80-1
403.702 et seq. Ch.62 806.01 10-86
403.801 et seq. 106-29 806.10 10-86
ch.468 82-32 806.13(2)(c) 10-86
82-148 806.111 10-86
ch. 471 82-322 ch.810 80-1
471.003 82-322 ch.812 80-1
471.005 82-322 ch.817 80-1
ch.480 10-86 839.13 1-13
10-175 ch.847 10-169
480.034 10-86 847.013,847.014 10-86
ch.481 82-322 849.09(2) 10-86
489.105 82-322 849.10 10-86
489.119 82-322 849.25(3) 10-86
489.129 82-322 865.09 10-114
489.131(3Xe) 70-85 870.041 et seq. Ch. 18
ch.517 10-86 877.03 10-86
ch. 553 Ch.82 ch.893 80-1
82-321 893.13 10-86
553.36(12) 82-81 ch.901 Char.Art.XIII, §4
110-1 901.25 Char.Art.XIII,§5
553.71 82-322 943.25(13) 50-3
553.71(7) 82-322
553.77 82-322
553.79 82-322
553.79(7) 82-323
Ch. 82,Art.XIII
553.900 Ch.82,Art. IX
ch.561 6-52
s.....)
Supp. No. 5 SLT:2
CODE INDEX
Le.
Section Section
ALCOHOLIC BEVERAGES—{Cont'd.) ANNEXATIONS
Unlawful activities where alcoholic bev- Certain ordinances not affected by Code.. 1-10(a)(13)
erages sold or dispensed 10-101 Franchise regulations in general. See:
Land development code regulations re zon- FRANCHISES(Appendix A)
ing 110-26 et seq. Land development code regulations re zon-
See:LAND DEVELOPMENT CODE ing 110-26 et seq.
Motor vehicles See:LAND DEVELOPMENT CODE
Definitions 6-66
Exceptions 6-69ANNUAL BUDGET.See:BUDGET
Open containers prohibited 6-68 APPROPRIATIONS
Policy and intents 6-67 Certain ordinances not affected by Code.. 1-10(aX6)
Open containers
Prohibited in motor vehicles 6-68 ARCHITECTURE
Parking areas Beautification board generally 2-181 et seq.
Possession and consumption 6-51 See:BEAUTIFICATION BOARD
Parks and recreation areas ASSOCIATIONS
Possession and consumption 6-52
Penalty 6-1 Persons;definitions and rules of construc-
Streets, alleys, sidewalks and parking ar- tion extended and applied to 1-2
eas,possession and consumption in . 6-51 ATOMIC ENERGY USES
Vehicles for hire 80-87 Land development code regulations re zon-
ALLEYS.See:STREETS,SIDEWALKS AND ing 110-26 et seq.
OTHER PUBLIC WAYS See:LAND DEVELOPMENT CODE
AMUSEMENTS AND AMUSEMENT PLACES ATTORNEY.See:CITY ATTORNEY
Adult entertainment 10-86 et seq. AUDIO ALARMS.See:ALARM SYSTEMS
See:ADULT ENTERTAINMENT
Amusement device code AUTOMATED TELEPHONE ALARM SYS-
(IINIPe'
Adopted 10-26 TEMS.See:ALARM SYSTEMS
Amendments 10-27 AUTOMOBILES. See: MOTOR VEHICLES
Outdoor entertainment 10 46 et seq. AND TRAFFIC
See:OUTDOOR ENTERTAINMENT
ANIMALS AND FOWL AWNINGS OR CANOPIES
Signs
Animal control officer 14-27
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 BEACHES
County animal control ordinance Animals prohibited on beaches 14-28
Adopted 14-26 Coastal construction code 82-81 et seq.
Animal control officer 14-27 See:LAND DEVELOPMENT CODE
Parks and beaches Dune crossover,camping prohibited on... 50-4
Animals prohibited on 14-28 Dune parking prohibited 74-59
Noises,enumeration of prohibited 34-153(5) End streets, n cam i
Parks camping prohibited on 50-4
Sea turtles generally 14-51 et seq.
Animals prohibited in 14-28 See:ANIMALS AND FOWL
Penalty 14-1 Street excavations 66-61 et seq.
Sanctuary 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
(1111ire Purpose and scope 14-51 Indebtedness 2-186
Supp.No. 5 CDi:3
CAPE CANAVERAL CODE
Section Section
BEAUTIFICATION BOARD(Cont'd.) BOATS,DOCKS AND WATERWAYS
Meetings;bylaws;officers 2-182 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:ANIMAAND water 34-36
LS
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 5452
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
BLOCKS Purpose and findings 54-46
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 zon- Zoning regulations
ing 110-26 et seq. Boats,vessels and boat trailers
See:LAND DEVELOPMENT CODE Living aboard 110-552
Living or residing in boats, utility
BOARDS, COMMITTEES AND COMMIS- trailers,recreational vehicles and
SIONS special purpose vehicles 110-553
Beautification board 2-181 et seq. Location of 110-551
See:BEAUTIFICATION BOARD Parking and storage 110-554
Code enforcement board 2-256 et seq.
See:CODE ENFORCEMENT BOARD BODIES OF WATER. See: BOATS, DOCKS
Community appearance review board 22-36 et seq. AND WATERWAYS
See:COMMUNITY APPEARANCE RE-
VIEW BOARD BODIES POLITIC AND CORPORATE
Community development board 22-26 et seq. Persons;definitions and rules of construe-
See: COMMUNITY DEVELOPMENT tion extended and applied to 1-2
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 construction1-2 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.5 CDi:4
CODE INDEX
LINle Section Section
BOOKS BUILDINGS(Cont'd.)
Library 46-1 et seq. Fees schedule in general. See: FEES (Ap-
See:LIBRARY pendia B)
BOTTLED GAS Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE
Public service tax 70-26 et seq.
Franchise regulations generally.See:FRAN-
See:TAXATION CHISES(Appendix A)
BOUNDARIES Gas code 82-171 et seq.
Corporate limits See:LAND DEVELOPMENT CODE
Definitions and rules of construction... 1-2 Housing code 82-271 et seq.
Franchise regulations in general. See: See:LAND DEVELOPMENT CODE
FRANCHISES(Appendix A) Impact fees 2-231 et seq.
Land development code regulations re zon- See:IMPACT FEES
ing 110-26 et seq. Land development code regulations re zon-
See:LAND DEVELOPMENT CODE ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
BREVARD COUNTY.See: COUNTY Local planning agency 58-56 et seq.
BRIDGES See:PLANNING AND DEVELOPMENT
Subdivisions Mechanical code 82-196,82-197
Land development code regulations.... 98-1 et seq. Old building sewers 78-80
See:LAND DEVELOPMENT CODE Permits and miscellaneous fees
Fees schedule in general. See: FEES
BRUSH.See:WEEDS AND DEAD VEGETA- (Appendix B)
TION Plan checking fee
Fees schedule in general. See: FEES
BUDGET
(Appendix B)
City manager
Plumbing code 82-146 et seq.
Powers and duties 2-101(4) See:LAND DEVELOPMENT CODE
LCity treasurer Public service tax 70-26 et seq.
Duties 2-141(2) See:TAXATION
BUFFERS AND BUFFERING Sanitary sewer system 78-26 et seq.
Flood damage prevention 90-26 et seq. See: SEWERS AND SEWAGE DIS-
See:LAND DEVELOPMENT CODE POSAL
Tree protection,land clearing 102-36 et seq. Solar energy standards 82-221 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
BUILDINGS See: STREETS, SIDEWALKS AND
Beautification board 2-181 et seq. OTHER PUBLIC WAYS
See:BEAUTIFICATION BOARD Swimming pool code 82-246,247
Building appearance and maintenance ... 34-98 Threshold buildings 82-321 et seq.
Building code See:LAND DEVELOPMENT CODE
Solar energy standards,compliance with 82-223 Unsafe Building Abatement Code
Building sewers and connections 78-76 et seq. Administration authority or official.... 82-57
See: SEWERS AND SEWAGE DIS- Adopted 82-56
POSAL Amendments 82-58
Coastal construction code 82-81 et seq. Weeds and dead vegetation 34-121 et seq.
See:LAND DEVELOPMENT CODE See: WEEDS AND DEAD VEGETA-
Commercial development board TION
Generally 22-26 et seq. BULK CONTAINERS
See: COMMERCIAL DEVELOP-
MENT BOARD 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 BURGLAR ALARMS.See:ALARM SYSTEMS
Electrical code 82-116 et seq.
See: LAND DEVELOPMENT CODE BURNING
killisoe Excavation and grading code 82-296 Solid waste 62-11(b)
Supp.No. 5 CDi:5
CAPE CANAVERAL CODE
Section Section
BURYING/BURIAL CITY
Solid waste 62-11(c) Abandoned property
Trash,rubble or other debris 34-41 Compliance with notice or order to re-
move; removal by city upon non-
BUSINESSES compliance 34-184
Occupational license tax 70-66 et seq. Disposition of property removed by city 34-186
See:TAXATION Notification of owner following removal
Solicitors,peddlers and itinerant vendors. 16-26 et seq. by city 34-185
See: PEDDLERS, CANVASSERS AND Redemption prior to sale by city 34-187
SOLICITORS Corporate limits
Solid waste 62-1 et seq. Definitions and rules of construction... 1-2
See:SOLID WASTE Definitions and rules of construction 1-2
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE
C Franchise regulations in general. See:
FRANCHISES(Appendix A)
CABLE COMMUNICATIONS Library board
Franchise regulation generally.See:FRAN- Liability of city limited 46-31
CHISES(Appendix A) Litter
Waiver of rights by property owner; re-
CALLINGS moval at city's costs 34-69
Occupational license tax 70-66 et seq. Solid waste
See:TAXATION Authority of city to collect 62-3
Ownership by city 62-4
CAMPING Street excavations
Where prohibited 50-4 Authority of city 66-64
City's right to restore surface 66-69
CANALS Liability of city 66-62
Subdivisions
Land development code regulations.... 98-1 et seq. CITY ATTORNEY
See:LAND DEVELOPMENT CODE Council
Attendance at meetings 2-127
CANVASSERS.See:PEDDLERS,CANVASS- Duties 2-126
ERS AND SOLICITORS
CITY CLERK
CAPE CANAVERAL.See:CITY Duties 2-116
CAPITAL EXPANSION PLANS CITY COUNCIL
Impact fee 2-237 Adult entertainment
Powers of re 10-93
CAPITAL EXPANSION TRUST FUND City attorney
Impact fees 2-236 Duties 2-126
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
Definitions and rules of construction 1-2
CEMETERIES Election 2-26
Parks and recreation areas 54-1 et seq. Library board
See:PARKS AND RECREATION Reports to 46-32
Mayor
CERTIFICATES OF OCCUPANCY Compensation established for 2-42
Land development code regulations re zon- Meetings
ing 110-26 et seq. Adjournment 2-69
See: LAND DEVELOPMENT CODE Adoption of motion 2-67
Sewer impact fee requirements 78-125 Call to order; quorum;roll call 2-64
City attorney to attend 2-127
CHARTER Consideration of matters before council 2-66
Definitions and rules of construction 1-2 General discussion 2-68
Supp. No. 5 CDi:6
CODE INDEX
LIrle
Section Section
CITY COUNCIL(Cont'd.)
Minutes 2-65
Ordinances and resolutions
Preparation prior to meeting 2-59
Parliamentary procedure 2-61
Preparation and notice of agenda 2-60
Presiding officer 2-62
Regular meetings 2-56
Sergeant at arms 2-63
Special meetings 2-57
Workshop meetings 2-58
L
L
Supp.No.5 CDi:6.1
3
J
J
CODE INDEX
Lieri
Section Section
HARASSMENT HOUSING(Cont'd.)
Solicitors and itinerant merchants Public service tax
Harassment prohibited 16-28 Generally 70-26 et seq.
HAZARDOUS MATERIALS AND SUB- See:TAXATION
STANCES HUMAN RELATIONS
Fire prevention regulations re 38-90 et seq. Human rights
See:FIRE PREVENTION Discrimination prohibited 40-28
Solid waste generally 62-1 et seq. Exemption 40-29
See:SOLID WASTE Findings 40-26
Specifically 62-11(d) Notice 40-30
Penalty;remedies 40-27
HEALTH AND SANITATION
Abandoned property 34-181 et seq. HURRICANES
See:ABANDONED PROPERTY Civil emergencies 18-1 et seq.
Adult entertainment See:CIVIL EMERGENCIES
Permit investigation by county health
department 10-140 I
Local planning agency 58-56 et seq. IMPACT FEES
See:PLANNING AND DEVELOPMENT
Outdoor entertainment permit require- Capital expansion plans 2-237
ments 10-62(1) Capital expansion trust funds
Sanitary sewer system 78-26 et seq. Collection;deposit 2.23 )
See: SEWERS AND SEWAGE DIS- Established 2-236(a)
POSAL Use 2-236(c)
Solid waste 62-1 etseq Certain ordinances not affected by Code.. 1-10(aX18)
See:SOLID WASTE Exemptions 2-232
Tree protection,land clearing 102-36 et seq. Fees schedule in general. See: FEES (Ap
See:LAND DEVELOPMENT CODE pendia B)
Lio'" Weeds and dead vegetation 34-121 et seq. Levy and purpose 2-231
See: WEEDS AND DEAD VEGETA- Partial waiver authorized 2-235
2-234
TION Payment
Sanitary sewer impact fees 78-121 et seq.
HEIGHT See:UTILITIES
Land development code regulations re zon- Schedules 2-233
ing 110-26 et seq. Sewers 78-121 et seq.
See:LAND DEVELOPMENT CODE See: SEWERS AND SEWAGE DIS-
POSAL
HOME OCCUPATIONS
Construction noise 34-154 IMPRISONMENT.See:PRISONS AND PRIS-
Land development code regulations re zon- ONERS
ing 110-26 et seq. IMPROVEMENTS. See: PUBLIC WORKS
See:LAND DEVELOPMENT CODE AND IMPROVEMENTS
HOOTING INDECENCY AND OBSCENITY
Noises,enumeration of prohibited 34-153(4) Adult entertainment establishments 10-168
HORNS INDIVIDUALS
Noises,enumeration of prohibited 34-153(1) Persons;definitions and rules of construc-
HOUSING tion extended and applied to 1-2
Electrical code 82-116 et seq. INSPECTIONS
See:LAND DEVELOPMENT CODE Building sewers
Flood damage prevention 90-26 et seq. Notice for 78.79
See:LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq.
Housing code See:LAND DEVELOPMENT CODE
Administrative authority or official.... 82-272 Reinspection fees
Adopted 82-271 Fees schedule in general. See: FEES
Amendments 82-273 (Appendix B)
Property maintenance standards 34-91 et seq. Signs
See: PROPERTY MAINTENANCE Land development code regulations.... 94-1 et seq.
STANDARDS See: LAND DEVELOPMENT CODE
(Ilkir,
Supp.No.5 CDi:13
CAPE CANAVERAL CODE
Section Section
,......)
INSPECTIONS(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Street excavations 66-63 Area
Threshold buildings 82-321 et seq. Subdivisions 98-5
See:LAND DEVELOPMENT CODE Zoning requirement 10-336 et seq.
Vehicles for hire,mechanical inspections.. 80-76(d) See within this title:Zoning
INSURANCE AND INSURANCE COMPA-
Areas of shallow flooding(AO zones)
NIES
Flood hazard standards 90-68
Fireworks Awnings and canopies 94-83
38-86 Billboards 94-80
Franchise regulations in general. See: Blocks
FRANCHISES(Appendix A) Subdivision design standards 98-106
Occupational license tax 70-87 Board of appeals
Outdoor entertainment permit require- Electrical code 82-118
ments 10-62(9) Bonds
Signs
Signs 94-10(a)
Land development code regulations.... 94-1 et seq. Boundary line survey
See:LAND DEVELOPMENT CODE Subdivisions 98-93
Threshold buildings, special inspector in-
surance 82-243 Bridges
Vehicles for hire 80-5 Subdivisions
Design standards 98-116
INTERSECTIONS Buffers
Visibility at intersections Protection of trees and vegetation of
Land development code regulations re buffers 102-41
zoning 110-26 et seq. Building code 82-31 et seq.
See:LAND DEVELOPMENT CODE See herein:Buildings
Building official
INTOXICATING BEVERAGES. See: ALCO- Signs,inspection by 94-36
HOLIC BEVERAGES Building permits
ITINERANT MERCHAiN'IS See:PEDDLERS, Change of and schedule and fee 82-3
CANVASSERS AND SOLICITORS Fee schedule 82-2j
Buildings
Building code
J
Adopted 82-31
JOINT AUTHORITY Amendments 82-32
Definitions and rules of construction 1.2 Solar energy standards, compliance
with 82-223
L Changes to schedule of fees 82-3
Coastal construction code
LAND CLEARING Applicability 82.84
Tree protection 102-36 et seq. Coastal construction requirements.. 82-87
See:LAND DEVELOPMENT CODE Definitions 82-81
Design conditions
LAND DEVELOPMENT CODE Foundations 82-89(b)
Abandoned
signs 94-62(a) Hydrodynamic loads 82-89(e)
Access Hydrostatic loads 82-89(d)
Coastal construction code Velocity pressure 82-89(a)
Public access 82-93 Wave forces 82-89(c)
Alleys Exceptions 82-85
Subdivision design standards 98-110 Location of construction 82-92
Alterations Major structures,structural require-
Natural surface waters 90-173 meats for
Amendments Design and construction 82-88(a)
Building code - 82-32 Elevation,floodprooflag and siting 82-88(c)
Gas code 82-173 Mobile homes 82-88(b)
Housing code 82-273 Minor structures,structural require-
Mechanical code 82-197 ments for 82-91
Plumbing code 82-148 Nonhabitable major structures,struc-
Unsafe building abatement code 82-58 tural requirements for 82-90
Appeals and arbitrations Permits
Concurrency management 86-3 Application for 82.86
J
Supp.No.5 CDi:14
CODE INDEX
(taw,
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Public access 82-93 Bulkheads and retaining walls
Purpose 82-83 Subdivision design standards 98-118
References 82-94 Burials
Scope 82-82 Stormwater management
Concurrency management Bury inspections 90-195(2)
Generally 86-1 et seq. C-1 Low Density Commercial District.See
See herein: Concurrency Manage- also herein:Zoning
ment Signs in 94-99
Electrical code Canals
Administrative authority or official.. 82-117 Subdivision design standards 98-117
Adopted 82-116 Certificate of completion
Board of appeals 82-118 Subdivisions 98-83
Excavation and grading code City
Administrative authority or official.. 82-297 Stormwater management master plan,
Adopted 82-296 compliance with city plan 90-164
Fees Subdivisions,review of preliminary plat 98-45
Building permit fee schedules 82-2 Civil penalties
Changes to schedule of fees 82-3 Tree protection,land clearing 102-37
Gas code Coastal construction code
Administrative authority or official.. 82-172 Applicability of provisions 82-84
Adopted 82-171 Coastal construction requirements 82-87
Amendments 82-173 Definitions 82-81
Housing code Design conditions 82-89
Administrative authority or official.. 82-272 Exceptions 82-85
Adopted 82-271 Location or construction 82-92
Amendments 82-273 Major structures, structural require-
Mechanical code ments for 82-88
LI Adopted 82-196 Minor structures, structural require-
Amendments 82-197 ments for 82-91
Number of buildings and property Nonhabitable major structures, struc-
Administration 82-368 tural requirements for 82-90
Assignment of numbers 82-369 Permits
Multiple-family structures, number- Application for 82-86
ing 82-370 Public access 82-93
Posting and specification of numbers 82-371 Purpose 82-83
Purpose 82-366 References 82-94
System established; incorporation of Scope 82-82
maps 82-367 Coastal high hazard areas(V zones)
Penalty 82-1 Flood hazard regulations 90-65
Permit Codes
Building permit fee schedules 82-2 Building code 82-31 et seq.
Plumbing code See herein:Buildings
Administrative authority or official.. 82-147 Coastal construction code 82-81 et seq.
Adopted 82-146 See herein:Coastal Construction Code
Amendments 82-148 Electrical code 82-116 et seq.
Solar energy standards See herein: Electrical Code
Adopted 82-221 Excavation and grading code 82-296, 82-297
Compliance with building code 82-223 Gas code 82-171 et seq.
Permit fees 82-222 See herein: Gas Code
Swimming pool code Housing code 82-271 et seq.
Administrative authority or official.. 82-247 See herein:Housing Code
Adopted 82-246 Mechanical code 82-196,82-197
Threshold buildings Plumbing code 82-146 et seq.
State law adopted 82-321 See herein:Plumbing Code
Unsafe building abatement code Swimming pool codes 82-246, 82-247
Administrative authority of official.. 82-57 Unsafe building abatement code 82-56 et seq.
Adopted 82-56 See herein: Unsafe Building Abate-
Amendments 82-58 ment Code
(Illtillve
Supp.No.5 CDi:15
CAPE CANAVERAL CODE
Section Section
'"ims)
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Compliance certification County
Expiration of concurrency compliance Stormwater management master plan,
certification 86-9 compliance with county 90-164
Concurrency management system Criminal penalties
Appeals 86-3 Tree protection,land clearing 102-38
Application for concurrency evaluation. 86-5 Decision making
Concurrency evaluation finding of deft- Concurrency evaluation, responsibility
ciency 86-7 for decision making in 86-4
Conditional approval of development or- Dedication
den or permits Stormwater management 90-191
Building permit 86-12(2) Deposit
Subdivision plats and site plans 86-12(1) Political signs 94-78(e)
Criteria for evaluation of levels of ser- Design standards
vice of public facilities Coastal construction code 82-89
Building permits of insignificant im- Stormwater management 90-161 et seq.
pact 86-6(1) See herein:Floods
Drainage facilities 86-6(7) Subdivisions 98-106 et seq.
Parks and open space 86-6(6) See herein:Subdivisions
Potable water facilities 86-6(4) Detention and retention areas
Sanitary sewer facilities 86-6(3) Banks of 90-172
Solid waste facilities 86-6(5) Configuration of shoreline of 90-174
Transportation facilities 86-6(2) Stormwater management 90-162
Development
Cumulative level-of-service records .... 86-10 Concurrency management
Decision making in concurrency evalua- Generally 86-1 et seq.
tion,responsibility for 86-4 See herein: Concurrency Manage-
Definitions 86-2 ment
Duration concurrency compliance certi- Districts
fication after issuance of develop Political signs 94-78(0
ment permit Zoning districts.See herein:Zoning
Commercial, industrial or multifam- Drainage
ily developments 86-8(4) Concurrency management
Individual single-family development 86-8(3) Generally 86-1 et seq.
Residential subdivision or phase or See herein: Concurrency Manage-
unit thereof, including planned ment
unit development 86-8(2) Stormwater management
Site development plan approval 86-8(1) Compatibility with adjacent systems 90-171
Expiration of concurrency compliance Subdivision improvements 98-91
certification 86-9 Easements
Operating systems,procedure and task Subdivision design standards 98-108
Concurrency monitoring 86-11(b) Electrical code
Measuring potential impacts 86-11(c) Administrative authority or official.... 82-117
Overall concurrency management 86-11(a) Ado ted
Purpose and intent 86-1 P 82-116
Board of appeals 82-118
Vested rights 86-13 Elevation,floodproofing and siting
Conservation Coastal construction code
Water conservation 90-176 Structural requirements for major
Construction structures 82-88(c)
Coastal construction code 82-81 et seq. Subdivision improvements 98-88
See herein:Coastal Construction Code Excavation and grading code
Stormwater management Administrative authority or official 82-297
Construction methods and materials 90-180 Adopted 82-296
Subdivisions 98-66 et seq. Fees
See herein:Subdivisions Solar energy standards
Control elevation Permit fees 82-222
Stormwater management 90-181 Final acceptance of work
Corner lots Subdivisions 98-94
Signs 94-64(c) Flashing signs prohibited 94-6(d)
Supp.No. 5 CDi:16
CODE INDEX
LiroiSection Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Flood damage prevention 90-26 et seq. Stormwater management
See herein:Floods Definitions 90-116
Floodplain protection 90-91 et seq. Design standards
See herein:Floods Accommodation of stormwaters
Floods onsite and offsite 90-167
Flood damage prevention Alteration of natural surface wa-
Abrogation and greater restriction .. 90-33 ters 90-173
Administrator Banks of detention and retention
Designation of 90-46 areas 90-172
Duties and responsibilities of 90-47 Best management practices 90-163
Areas of special flood hazard Certification 90-169
Applicability of provisions 90-30 Compatibility with adjacent drain-
Basis for establishing 90-31 age system 90-171
Compliance with provisions 90-32 Compliance with county or city
Definitions 90-26 stormwater management
Development permit master plan 90-164
Establishment of 90-48 Configuration of shoreline of deten-
Procedures 90-49tion and retention areas .... 90-174
Findings of fact 90-27 Configurations creating stagnant
Flood hazard reduction water conditions 90-166
Coastal high hazard areas(V zones) 90-65 Conformance to standards 90-161
Elevated buildings 90-62(d) Construction methods and materi-
Floodways 90-64als 90-180
General standards 90-61 Control elevation 90-181
Detention and retention system 90-162
Generally 90-62(a) Directing runoff 90-165
Manufactured homes and recce- Discharge volumes, notification of 90-179
ational vehicles,standards for 90-63 Native vegetation buffers 90-177
Lie Nonresidential construction 90-62(c) Natural surface waters used as sed-
Residential construction 90-62(b) iment traps 90-175
Streams without established base Phased developments 90-178
flood elevation and floodways, Proper functioning 90-168
standards for 90-66 Surface water channeled into san-
Interpretation 90-34 itary sewers 90-170
Objectives 90-29 Water reuse and conservation.... 90-176
Penalties for violation 90-36 Enforcement and penalties 90-120
Statement of purpose 90-28 Maintenance
Subdivision proposals, standards for 90-67 Applicant as acceptable entity.... 90-192(c)
Areas of shallow flooding (AO Dedications 90-191
zones),standards for 90-68 Failure to maintain 90-194
Variance procedure 90-50 Inspection 90-195
Warning and disclaimer of liability.. 90-35 Maintenance by approved entity
Floodplain protection Acceptable responsible entity 90-192(a)
Definitions 90-91 Phased projects 90-192(b)
Development in designated floodplain 90-93 Plan for operation and mainte-
Prohibited uses 90-94 nance program 90-193
Purpose and intent 90-92 Performance standards
Maintenance Computation 90-146
Stormwater management 90-191 et seq. Rainfall intensity 90-147
See within this subheading: Water quality requirements 90-149
Stormwater Management Water quantity requirements 90-148
Performance standards Permit
Stormwater management 90-146 et seq. Application
See within this subheading: Information required 90-134
Stormwater Management Plan required 90-133
Permits Exemptions 90-132
Stormwater management 90-131 et seq. Required 90-131
See within this subheading: Previous approvals,standards of90-119
‘11001' Stormwater Management Purpose and intent 90-117
Supp.No. 5 CDi:17
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Relationship to other stormwater man- Manufactured homes and recreational ve-
agement requirements 90-118 hides
Variances 90-121 Special flood hazard areas, standards
Foundations for 90-63
Coastal construction code 82-89(b) Maps
Gas code Numbering of buildings and properties
Administrative authority or official 82-172 System established; incorporation of
Adopted 82-171 maps 82-367
Amendments 82-173 Marquees 94-82
Grading code.See herein: Excavation and Master plans
Grading Code Stormwater management, compliance
Ground signs 94-64(f) with city or county master plan .. 90-164
Hardship variances Measurement and placement
Subdivisions 98-4(a) Signs 94-64
Hazardous signs 94-62(b) Minor structures
Height Coastal construction code,structural re-
Signs 94-64(e)
Housing code quirements for 82-91
Administrative authority or official.... 82-272 Mitigation
Adopted 82-271 Wetlands protection 106-31
Amendments 82-273 Mobile homes
Hydrodynamic loads Coastal construction code 82-88(b)
Coastal construction code 82-89(e) Multiple-family structures
Hydrostatic loads Numbering of 82-370
Coastal construction code 82-89(d) Native vegetation buffers
Ingress or egress Stormwater management 90-177
Signs,obstruction of 94-6(b) Natural surface waters
Inspections Alteration of 90-173
Signs Sediment traps,used as 90-175
Generally 94-36,9437 Nonhabitable major structures
Inspection by building official 94-36 Coastal construction code
Stormwater management 90-195 Structural requirements for 82-90
Subdivisions 98-80 et seq. Numbering of buildings and property
See herein:Subdivisions Administration 82-368
Insurance or bond Assignment of number 82-369
Signs 94-10(b) Multiple-family structures, numbering
Land clearing of 82-370
Tree protection 102-36 et seq. Posting and specification of numbers... 82-371
See herein:Tree Protection Purpose 82-366
Landscaping System established;incorporation of map 82-367
List of recommended landscaping plants 102-44 Obstructions
Lights and lighting Signs,obstruction of free ingress or egress 94-6(b)
Signs 94-63 Off-site signs
Location Generally 94-6(g)
Measurements Open burning
Signs 94-64(e) Natural cover 102-42
Political signs 94-78(c) Open space
Lots Concurrency management
Subdivision design standards 98-107 Generally 86-1 et seq.
M-1 Light Industrial and Research and See herein: Concurrency Manage-
Development District.See also herein: ment
Zoning Parks and recreation areas
Signs 94-99 Concurrency management
Maintenance Generally 86-1 et seq.
Stormwater management 90-191 et seq. See herein: Concurrency Manage-
See herein:Floods ment
Major structures Performance standards
Coastal construction code Stormwater management 90-146 et seq.
Structural requirements for 82-88 See herein:Floods
Supp.No.5 CDi:18
CODE INDEX
(11111110"`
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Permanent markers Public facilities
Subdivision improvements 98-87 Concurrency management
Permit numbers Criteria for evaluation of levels of
Signs,display of 94-64(d) service of 86-6
Permits Generally 86-1 et seq.
Coastal construction code See herein: Concurrency Manage-
Application for permits 82-86 ment
Concurrency management Public sites and open spaces
Conditional approval of development Subdivision design standards 98-109
orders of permits 86-12 R-1 Low Density Residential District. See
Political signs 94-78(d) also herein:Zoning
Signs 94-31 et seq. Signs 94-96
See herein:Signs R-2 Medium Density Residential District
Solar energy standards See also herein:Zoning
Permit fees 82-222 Signs 94-97
Stormwater management permit 90-131 et seq. R-3 Medium Density Residential District.
See herein: Floods See also herein:Zoning
Subdivision construction permit 98-69 et seq. Signs 94-98
See herein:Subdivisions Rainfall intensity
Tree protection,land clearing 102-39, 102-40 Stormwater management 90-147
Permitted uses Records
Wetlands protection 106-29 Concurrency management
Phased developments Cumulative level-of-service records.. 86-10
Stormwater management 90-178 Remedies
Planning and zoning board Subdivisions 98-6
Subdivisions Reuse
Final plats Water reuse 90-176
Recommendations of planning and Revegetation
L
zoning board 98-61 Tree protection 102-43
Powers of98-3 Rights-of-way
Preliminary plat Signs on 94-6(c)
Planning and zoning board proce- Roadways
dure 98-46 Concurrency management
Plats Generally 86-1 et seq.
Subdivision plats 98-31 et seq. See herein: Concurrency Manage-
See herein: Subdivisions ment
Plumbing code Sanitary sewer system
Administrative authority or official 82-147 Generally 78-26 et seq.
Adopted 82-146 See: SEWERS AND SEWAGE DIS-
Amendments 82-148 POSAL
Political signs Subdivision design standards 98-113
Deposits 94-78(e) Sediment traps
District requirements 94-78(f) Natural surface waters used as 90-175
Location 94-78(c) Setbacks
Permits 94-78(d) Signs 94-64(e)
Specifications 94-78(b) Sewers
Time of erecting 94-78(a) Concurrency management
Portable signs 94-6(e) Generally 86-1 et seq.
Potable water systems See herein: Concurrency Manage-
Concurrency management ment
Generally 86-1 et seq. Subdivision improvements 98-90
See herein: Concurrency Manage- Shopping centers
ment Signs
Subdivision design standards 98-112 Shopping center in any district 94-100
Prohibited uses Signs
Floodplain 90-94 Abandoned signs 94-62(a)
Wetlands protection 106-30 Administrator 94-3
Public access Awnings and canopies 94-83
(11111111? Coastal construction code 82-93 Billboards 94-80
Supp.No.5 CDi:19
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Bond 94-10(a) Vehicles,signs on 94-6(0
Building official Purpose and scope 94-2
Inspection by " 94-36 R-1 Low Density Residential District .. 94-96
C-1 Low Density Commercial District R-2 Medium Density Residential Dia-
and M-1 Light Industrial and Re- trict 94-97
search and Development District. 94-99 R-3 Medium Density Residential Dis-
Conformance to provisions 94-7 trict 94-98
Definitions 94-1 Shopping center in any district 94-100
Exemptions 94-4 Temporary off-premises signs
94-81
Fees
Temporary on-premises signs 94-76
Inspections and permits 94-35 Traffic hazard,signs constituting 94-62(c)
Hazardous signs 94-62(b) Vacant land
Identification 94-8 Signs on 94-77
Inspection Wind pressure and dead load 94-9
Building official 94-36 Site plan
Fees 94-35 Wetlands protection development requir-
Notice for 94-37 ing 106-28
Insurance 94-10(b) Size limits
Lighting 94-63 Signs 94-64(g)
Maintenance,notice to repair 94-11 Solar energy standards
Marquees 94-82 Adopted 82-221
Measurement and placement, criteria Building code,compliance with 82-223
and standards for Permit fee 82-222
Area 94-64(a) Solid waste
Combinations of signs 94-64(b) Concurrency management
Corner lots 94-64(c) Generally 86-1 et seq.
Display of permit number 94-64(d) See herein: Concurrency Manage-
Ground signs 94-64(1) ment
Height,setback and location measure- Stagnant water conditions
ments 94-64(e) Configurations 90-166
Size limits 94-64(g) Stormwater management
Off-premises signs Generally 90-116 et seq.
Generally in signs and vacant lands. 94-77,94-79 See herein:Floods
Specifically 9479 Streams without established base flood el-
Temporary off-premises signs 94-81 evation on floodways
Penalty for violation 94-5 Flood hazard standards 90-66
Permits Streets
Application for 94-32 Subdivisions
Fees 94-35 Design standards 98-114,98-115
Issuance of 94-33 Improvements 98-92
Required 94-31 Names 98-119
Revocation of 94-34 Subdivisions
Placement Appeals and arbitrations 98-5
Restrictions on 94-61 Certificate of completion 98-83
Political signs City
Deposit 94-78(e) Review of preliminary plan 98-45
District requirements 94-78(0 Construction
Location 94-78(c) Certificate of completion
Permits 94-78(d) Issuance of 98-83
Specifications 94-78(b) Inspection 98-80
Time of erecting 94-78(a) Notification 98-82
Prohibited signs and sign features Permit
Flashing signs prohibited 94-6(d) Approval of plans and specifics-
Obstruction of free ingress or egress94-6(b) tions 98-73
Off-site signs 94-6(g) Issuance 98-75
Portable signs 94-6(e) Master survey point 98-74
Public utility poles and trees, signs Procedures 98-70
on 94-6(a) Required;penalty 98-69
Rights-of-way,signs on 94-6(c) Review 98-72
,...)
Supp.No.5 CDi:20
CODE INDEX
(11111110?
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
Development and enforcement of pro- Adopted 82-246
visions 98-86 Threshold buildings 82-321 et
seq.
Lille" 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 9846 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 10241(a)
Number of copies 98-57 Inspections 10241(e)
Planning and zoning board recom- Preservation thresholds 102-41(b)
mendations 98-61 Relocation of trees 102-41(f)
Recording 98-62 Removal criteria 10241(c)
Preapplications Replacement criteria 102-41(d)
(111111111110" Review procedures 98-36 Revegetation 102-43
Supp.No.5 CDi:21
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Nord
Undesirable species,list of 102-45 R-3 Medium Density Residential Dis-
Undesirable species,list of 102-45 trict 110-313
Unsafe building abatement code Residential planned unit develop-
Administrative authority or official.... 82-57 ments 110-439
Adopted 82-56 Administrative review
Amendments 82-58 Appeal notice,hearing 110-29(b)
Variances Authority 110-29(a)
Stormwater management 90-121 Stay of proceedings 110-29(c)
Subdivisions 98-4 Alcoholic beverages
Vegetation Special exceptions for establishments
Tree protection 102-26 et seq. serving 110-171
See herein:Tree Protection Amendments
Vegetation buffers Luthority 110-136
Limitation 110-138
Stormwater management Procedure 110-137
Native vegetation buffers 90-177 Reconsideration of district boundary
Vehicles changes 110-139
Signs on 94-6(0 Annexations
Velocity pressure Zoning classification of 110-256
Coastal construction code 82-89(a) Antenna
Vested rights Residential use/Satellite dishes 110-478
Concurrency management 86-13 Wireless communications 110-483
Water supply Area
Subdivision improvements 98-89 C-1 Low Density Commercial District 110-336
Waterways Dimension or area reduction below
Wetlands protection 106-26 et seq. minimum 110-254
See herein:Wetlands Protection M-1 Light Industrial and Research
Wave forces and Development District 110-356
Coastal construction code 82-89(c) R-1 Low Density Residential District 110-276
Wetlands protection R-3 Medium Density Residential Dis-
Definitions 106-26 trict 110-316
Residential planned unit develop-
Development requiring site plan or sub- menta
division plat 106-28 Minimum lot area 110-439
Mitigation 106-31 Reuse of area used for density calcu-
Permitted uses 106-29 lation 110-253
Prohibited uses 106-30 Townhouses 110-372
Purpose and intent 106-27 Atomic energy uses 110-480
Wind pressure and dead load Board of adjustment
Signs 94-9 Administrative review
Zoning Appeal notice,hearing 110-29(b)
Access Authority 110-29(a)
C-1 Low Density Commercial District 110-339 Stay of proceedings 110-29(c)
Generally 110472 Appeals from board 110-35
Offstreet parking 110-493 Decisions 110-32
R-1 Low Density Residential District 110-278 Established; composition; qualifies-
R-2 Medium Density Residential Dis- tions 110-26
trict 110-298 Indebtedness 110-30
R-3 Medium Density Residential Dis- Powers and duties 110-28
trict 110-318 Proceedings 110-27
Accessories Reconsideration of administrative re-
Swimming pools 110-583 view,special exception variance 110-33
Accessory uses and structures Special exceptions
C-1 Low Density Commercial District 110-333 Applicants for 110-31
Generally 110-468 Applications;procedures 110-46
M-1 Light Industrial and Research Expiration 110-48
and Development District 110-353 Permissible by 110-294 et seq.
R-1 Low Density Residential District 110-273 See within subheading: Special
R-2 Medium Density Residential Dis- Exceptions By Board of Ad-
trict 110-293 justment
i
Supp.No. 5 CDi:22
CODE INDEX
LSection Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont d.)
Written findings certifying compli- Commercial districts
ance 110-47 Landscaping and screening for 110-566
Variances Commercial uses
Applications;procedures 110-31, 110-62 Buildings required for 110-481
Generally 110-61 Common recreation and open space
Violation of conditions of special ex- Residential planned unit develop-
ceptions or variance 110-34 ments,minimum 110404, 110-
Boats and boat trailers438
Living aboard 110-552 Complaints of violations 110-90
Location of 110-551 Conflicts with other ordinances 110-86
Bonding Conformity to plans, specifications, in-
Residential planned unit develop-
ments 110407 tendment uses and applications .. 110-91
Boundaries Construction
Reconsideration of district boundary Swimming pools 110-581
changes 110-139 Courts,minimum width of 110473
Rules for interpretation of district Dedication
boundaries 110-248 Public easement 110-477
Breeze requirements Public land 110-476
R-3 Medium Density Residential Dis- Definitions 110-1
trict, minimum breeze require- Density
ment 110-319 C-1 Low Density Commercial District 110-331 et seq.
Building official See within subheading: C-1 Low
Duties of 110-88 Density Commercial District
Building permits R-1 Low Residential District 110-271 et seq.
Residential planned unit develop- See within subheading R-1 Low
ments 110406 Residential District
Townhouses 110-378 R-2 Medium Density Residential Dis-
L Buildings trict 110-291 et seq.
Lot and street requirements for 110-255 See within subheading: R-2 Me
Nonconforming structures 110-193 dium Density Residential Dis-
Nonconforming uses of structures or
of structures and premises in tact
combination 110-195 R-3 Medium Density Residential Dis-
Required for commercial uses 110-481 trict 110-311 et seq.
Setback lines 110-536 See within subheading: R-3 Me-
Structures approved by special excep- dium Density Residential Dis-
lions 110-161 trict
C-1 Low Density Commercial District Residential planned unit develop-
Accessory uses and structures 110-333 ments
Area and dimensions 110-336 Maximum density 110437
Intent 110-331 Reuse of area used for density calcu-
Landscaping, screening and parking 110-338 lation 110-253
Minimum setbacks 110-337 Development districts
Offstreet parking and access 110-339 M-1 Light Industrial and Research
Principal uses and structures 110-332 and Development District 110-351 et seq.
Prohibited uses and structures 110-335 See within this subheading: M-1
Special exceptions permissible by Light Industrial and Research
board of adjustment 110-334 and Development District
Camping equipment Development plans
Location of 110-551 Residential planned unit develop-
Camping equipment,boats and boat trail- ments 110-421 et seq.
ers, location of 110-551 See within this subheading: Resi-
Certificate of occupancy dential Planned Unit Devel-
Hotels and motels 110-122 opments
Required 110-121 Development schedule
Commercial district Townhouses 110-379
C-1 Low Density Commercial District 110-331 et seq. Development standards
See within subheading: C-1 Low Residential planned unit develop-
Density Commercial District ments 110444
Supp.No.5 CDi:23
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Dimensions Height
C-1 Low Density Commercial District 110-336 District 110-251
M-1 Light Industrial and Research Exceptions to regulations 110-471
and Development District 110-356 Home occupations
Offstreet loading 110-507 Occupational license required 110-523
R-1 Low Density Residential District 110-276 Permitted home occupations 110-521
R-2 Medium Density Residential Dis- Requirements 110-522
trict 110-296 Hotels and motels
R-3 Medium Density Residential Dis- Certificate of occupancy 110-122
trict 110-316 Individually platted lots
Townhouses 110-372 Townhouses 110-377
Districts Industrial districts
Annexations, zoning classification of 110-256 Landscaping and screening for 110-566
Application of district requirements. 110-249 M-1 Light Industrial and Research
Conformity 110-250 and Development District 110-351 et seq.
Dimension or areas reduction below See within this subheading: M-1
minimum 110-254 Light Industrial and Research
Duplicate use of setbacks,open space, and Development District
parking space 110-252 Intersections
Lot and street requirements for struc- Visibility at 110-469
tures 110-255 Land
Official zoning map Nonconforming uses of 110-194
Adopted 110-246 Landscaping and vegetation
Replacement 110-247 C-1 Low Density Commercial District 110-338
Preservation of trees in all districts 110-568 Interior landscaping for offstreet park-
Reconsideration of district boundary ing areas 110-567
changes 110-139 Landscaping and screening for corn-
Regulations for specific districts.See mercial and industrial zoning
within specific districts as in- districts 110-566
dexed M-1 Light Industrial and Research
Reuse of area used for density calcu- and Development District 110-358
lations 110-253 Preservation of trees in all districts . 110-568
Rules for interpretation of district Length of structures
boundaries 110-248 Residential planned unit develop-
Structure,height,maximum use, lot ments,maximum 110-440
area,setbacks 110-251 Light industrial districts
Unusual uses or uses not specifically M-1 Light Industrial and Research
permitted 110-257 and Development District 110-351 et seq.
Drainage systems See within this subheading: M-1
Residential planned unit develop- Light Industrial and Research
ments 110-404 and Development District
Dune crossovers Loading
R-3 Medium Density Residential Dis- M-1 Light Industrial and Research
trict 110-320 and Development District 110-360
Easements Location
Dedicated public easements 110-477 Offstreet loading 110-507
Enclosures Recreational vehicles,camping equip-
Swimming pools 110-582 ment,boats and boat trailers .. 110-551
Encroachments Spaces
Setbacks 110-328 Offstreet parking 110-492
Enforcement of provisions 110-87 Swimming pools 110-581
Fences,walls and hedges 110-470 Lots
Floor area Area
Residential planned unit develop- District 110-251
ments,minimum 110-441 Residential planned unit develop-
Frontage ments 110-439
Residential planned unit develop- Erection of more than one principal
ments 110-439 structure on 110-537
Garage sales 110-467 Requirements for structures 110-255
Supp.No. 5 CDi:24
CODE INDEX
‘1111111001' Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Low density commercial district C-1 Low Density Commercial District 110-339
C-1 Low Density Commercial District 110-331 et seq. Interior landscaping for offstreet park-
See within subheading: C-1 Low ing areas 110-567
Density Commercial District Location spaces 110-492
Low density residential district Number of spaces required 110-491
R-1 Low Residential District 110-271 et seq. R-1 Low Density Residential District 110-278
See within subheading: R-1 Low R-2 Medium Density Residential Dis-
Density Residential District
trict 110-298
M-1 Light Industrial and Research and
Development District R-3 Medium Density Residential Dis-
Accessory uses and structures 110-353 trict 110-318
Area and dimension 110-356 Residential planned unit develop-
Intent 110-351 ments 110-442
Landscaping, screening and parking 110-358 Townhouses 110-374
Minimum setbacks 110-357 Open space
Parking and loading 110-360 Duplicate use of 110-252
Performance standards 110-359 Parking
Principal uses and structures 110-352 C-1 Low Density Commercial District 110-338
Prohibited uses and structures 110-355 Certain vehicles 110-554
Special exceptions permissible by M-1 Light Industrial and Research
board of adjustment 110-354 and Development District 110-358, 110-
Maximum use 360
District 110-251 Parking space
Medium density residential district Duplicate use of 110-252
R-2 Medium Density Residential Dis- Paving of vehicular use area 110-555
trict 110-291 et seq. Penalties for violations 110-89
See within subheading: R-2 Me- Performance standards
L dium Density Residential Dis- Application of 110 466
Dis-
trict M-1 Light Industrial and Research
R-3 Medium Density Residential Dis- and Development District 110-359
trict 110-311 et seq. Permissible uses and structures
See within subheading: R-3 Me- R-1 Low Density Residential District 110-272
dium Density Residential Dis- R-3 Medium Density Residential Dis-
trict trict 110-312
Mobile home parks Permits
Nonconforming uses 110-192
Nonconformities Application 110-107
Intent 110-191 Expiration 110-108
Mobile home parks single-family mo-
Required 110-106
bile home districts 110-192 Permitted home occupation 110-521
Nonconforming structures 110-193 Permitted uses
Nonconforming uses of land 110-194 Residential planned unit develop
Nonconforming uses of structures or ments 110-403
of structures and premises in Townhouses 110-371
combination 110-195 Physical review
Repairs and maintenance 110-196 Residential planned unit develop-
Temporary uses 110-197 ments 110-405
Number of spaces Preservation
Offstreet parking 110-491 Residential planned unit develop-
Occupational license ments 110-445
Home occupation requirements 110-523 Trees
Official zoning map All districts 110-568
Adopted 110-246 Townhouses 110-376
Replacement 110-247 Principal uses and structures
Offstreet loading C-1 Low Density Commercial District 110-332
Location and dimensions of space 110-507 M-1 Light Industrial and Research
Requirements spaces 110-506 and Development District 110-352
Offstreet parking R-2 Medium Density Residential Dis-
Access 110-493 trict 110-292
•
Supp. No. 5 CDi:25
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Private roads and other related common Research and development districts
facilities M-1 Light Industrial and Research
Residential planned unit develop- and Development District 110-351 et seq.
ments 110404 See within this subheading: M-1
Prohibited uses and structures Light Industrial and Research
M-1 Light Industrial and Research and Development District
and Development District 110-355 Residential districts
R-1 Low Density Residential District 110-275 R-1 Low Density Residential District 110-271 et seq.
R-2 Medium Density Residential Dia- See within subheading R-1 Low
trict 110-295 Density Residential District
R-2 Medium Density Residential Dis-
R-3 Medium Density Residential Dia- trict 110-291 et seq.
trict 110-315 See within subheading: R-2 Me-
Public land dium Density Residential Dis-
Dedicated 110-476 trict
R-1 Low Density Residential District R-3 Medium Density Residential Dis-
Accessory uses and structures 110-273 trict 110-311 et seq.
Area and dimensions 110-276 See within subheading: R-3 Me-
Intent 110-271 chum Density Residential Dis-
Minimum setbacks 110-277 tact
Offstreet parking and access 110-278 Residential planned unit developments
Principal uses and structures 110-272 Bonding 110-407
Prohibited uses and structures 110-275 Building permit 110 406
Common open space, drainage sys-
Special exceptions permissible by
tems, private roads and other
board of adjustment 110-274 related common facilities 110404
R-2 Medium Density Residential Dis- Development plans
trict 110-296 Application 110421
Accessory uses and structures 110-293 Procedure for approval of final de-
Area and dimension 110-296 velopment plan 110-423
Intents 110-291 Procedure for receiving approval of
Minimum setbacks 110-297 preliminary development plan
Offstreet parking and access 110-298 and tentative zoning 110-422
Principal uses and structures 110-292 Enforcement 110-409
Prohibited uses and structures 110-295 Land use regulations
Special exceptions permissible by Development standards 110-444
board of adjustment 110-294 Maximum density 110 437
Maximum length of structures 110-440
R-3 Medium Density Residential Dis- Minimum common recreation and
trict open space 110-438
Accessory uses and structures 110-313 Minimum floor area 110-441
Areas and dimensions 110-316 Minimum lot area; frontage; set-
Dune crossovers required 110-320 backs;accessory uses 110439
Intent 110-311 Minimum size 110-436
Minimum breeze requirement 110-319 Offstreet parking 110-442
Minimum setbacks 110-317 Preservation of trees 110-445
Offstreet parking and access 110-318 Underground utilities 110443
Principal uses and structures 110-312 Permitted uses 110-403
Prohibited uses and structures 110-315 Physical review 110-405
Special exception permissible by board Purpose and intent 110402
of adjustment 110-314 Termination zone 110-408
Residential use antennas 110478
Recreational vehicles Rezoning. See within this subheading:
Location of 110-551 Amendments
Regulations pertaining to specific dis- Satellite dishes 110478
tricts.See within specific districts Schedule of fees,charges and expenses110-92
as indexed Screening
Repairs and maintenance C-1 Low Density Commercial District 110-338
Nonconformities 110-196 Commercial and industrial districts. 110-566
Nivi
Supp.No.5 CDi:26
CODE INDEX
(1116001
Section Section
LAND DEVELOPMENT CODE(Confd.) LAND DEVELOPMENT CODE(Cont'd.)
M-1 Light Industrial and Research Enclosure 110-582
and Development District 110-358 Minimum setbacks 110-584
Setbacks Temporary uses
Building setback lines 110-536 Nonconformities 110-197
C-1 Low Density Commercial Dis- Termination zone
trict,minimum setbacks 110-337 Residential planned unit develop-
District 110-251 ments 110-408
Duplicate use of 110-252 Towers
Encroachments 110-538 Wireless communications 110483
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
ments 110-439 Residential planned unit develop-
Swimming pools,minimum 110-584
ments 110 443
Townhouses,minimum setbacks .... 110-373 Required 110 482
Sewage disposal 110479
Sidewalks Unusual uses or uses not specifically
Required 110475 permitted 110-257
Signs 94-64(a) Uses
Lie Single-family mobile home districts Approved by special exceptions 110-161
Nonconformities 110-192 Utilities
Site plans Townhouses 110-375
Criteria required 110-222 Underground,required 110482
Expiration 110-224 Vegetation.See within this subheading:
Review procedures 110-223 Landscaping or Vegetation
Submittal and review required 110-221 Vehicles and vessels
Special exceptions Living aboard boats 110-552
Alcoholic beverages Living or residing in boats, utility
Establishment serving alcoholic trailers,recreational vehicles and
beverages 110-171 special purpose vehicles 110-553
Structures and uses approved by spe- Location of recreational vehicles,camp-
cial exception 110-161 ing equipment, boats and boat
Special exceptions permissible by board trailers 110-551
of adjustment Parking and storage of certain vehi-
C-1 Low Density Commercial District 110-334 des 110-554
M-1 Light Industrial and Research Paving of vehicular use areas 110-555
and Development District 110-354 Vehicular use areas,paving of 110-555
R-1 Low Density Residential District 110-274 Vessels.See within this subheading:Ve-
R-2 Medium Density Residential Dis- hides and Vessels
trict 110-294 Visibility at intersections 110469
R-3 Medium Density Residential Dis- Water areas 110474
trict 110-314 Width
Storing Courts,minimum width of 110-473
Certain vehicles 110-554 Wireless communications towers and an-
Streets tennas 110-483
Requirements for structures 110-255 Zoning districts.See herein:Zoning
Structures.See within subheading:Build-
ings LANDSCAPING
Swimming pools Appearance and maintenance 34-99
Accessories 110-583 Beautification board 2-181 et seq.
(011111001 Construction and location 110-581 See:BEAUTIFICATION BOARD
Supp.No. 5 CDi:27
CAPE CANAVERAL CODE
Section Section
LANDSCAPING(Cont'd.) LICENSES AND PERMITS(Cont'd.) ....)
Land development code regulations re zon- Building permits;enforcement 22-47
ing 110-26 et seq. Notice of approval or denial 22-43
See:LAND DEVELOPMENT CODE Concurrency management system 86-1 et seq.
Sanitary sewer system 78-26 et seq. See:LAND DEVELOPMENT CODE
See: SEWERS AND SEWAGE DIS- Excavations
POSAL Street excavation permit requirements. 66-81 et seq.
Tree protection,land clearing 102-36 et seq. See: STREETS, SIDEWALKS AND
See:LAND DEVELOPMENT CODE OTHER PUBLIC WAYS
Fees schedule in general. See: FEES(Ap-
LAW ENFORCEMENT pendia B)
Alarm systems generally 30-26 et seq. Fireworks,application for permits 38-83,38-84
See:ALARM SYSTEMS Flood damage prevention 90-26 et seq.
Impact fees generally 2-231 et seq. See:LAND DEVELOPMENT CODE
See: IMPACT FEES Land development code regulations re zon-
Police department 42-26
ing 110-26 et seq.
LEASES See:LAND DEVELOPMENT CODE
Motion and still photography production
Certain ordinances not affected by Code.. 1-10(a)(2) permits 16-60 et seq.
City attorney See:PHOTOGRAPHY
Duties 2-126(6) Occupational license tax 70-66 et seq.
LIBRARY See:TAXATION
Established 46-1 Political signs 94-78
Fees schedule in general. See: FEES(Ap- Sewer impact fee requirements 78-125
pendia B) Signs
Impact fees generally 2-231 et seq. Land development code regulations.... 94-1 et seq.
See:IMPACT FEES See:LAND DEVELOPMENT CODE
Library board Solar energy permit fee 82-222
Amendment of bylaws 46-28 Solicitors, peddlers and itinerant mer-
Created;composition;terms;chairman46-26 chants permit requirement 16-51 et seq.
Indebtedness 46-33 See: PEDDLERS, CANVASSERS AND
Liability of city limited 46-31 SOLICITORS
Meetings 46-30 Street excavation permit requirements... 66-81 et seq.
Quorum;bylaws,rules and regulations; See: STREETS, SIDEWALKS AND
expenditures 46-27 OTHER PUBLIC WAYS
Reports to council 46-32 Tree protection,land clearing 102-39, 102-40
Vacation of office 46-29 Vehicles for hire
Certificate of public convenience and
LICENSES AND PERMITS necessity license 80-26 et seq.
Adult entertainment See:VEHICLES FOR HIRE
License for establishment 10-111 et seq. Driver's permit 80-51 et seq.
See:ADULT ENTERTAINMENT See:VEHICLES FOR HIRE
Occupational license required 10-49 Licenses and fees to be in addition to
Permit for employees 10-136 et seqother taxes and charges 80-3
See:ADULT ENTERTAINMENT Wastewater discharge permits 78-98
Permit requirements 10-61 et seq.
See:ADULT ENTERTAINMENT LIENS
Alarm systems 30-46 et seq. Abandoned property
See:ALARM SYSTEMS Collection of lien on private property re
Building permits towing,storage,expenses 34-188
Land development code regulations.... 82-2 et seq. LIFE SAFETY CODE. See: FIRE PREVEN-
See:LAND DEVELOPMENT CODE TION
Building sewers
Permit for connections 78-77 LIGHT INDUSTRIAL DISTRICT
Coastal construction code 82-86 Land development code regulations re zon-
Community appearance review board ing 110-26 et seq.
Permits See: LAND DEVELOPMENT CODE
Appeals and review 22-46
Application criteria 2244 LIGHTS AND LIGHTING
Approval prerequisite for permits 22-40 Definitions 34-206
Supp.No. 5 CDi:28
CODE INDEX
L100`
Section Section
LIGHTS AND LIGHTING(Cont'd.)
Electrical code 82-116 et seq.
See:LAND DEVELOPMENT CODE
Exceptions 34-210
Method of measurement 34-211
Penalty 34-208
L
L
Supp.No.5 CDi:28.1
J
J
J
CODE INDEX
LIOle
Section Section
PERSONNEL. See: OFFICERS AND EM- PLANNING AND DEVELOPMENT(Cont'd.)
PLOYEES Plan checking fee
PHONOGRAPHS Fees schedule in general. See: FEES
(Appendix
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
permitsConflict 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 Quote 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
Land development code regulations re zon- Land development code regulations 94-1 et seq.
ing 110-26 et seq. See:LAND DEVELOPMENT CODE
killie See:LAND DEVELOPMENT CODE Street excavations 66-61 et seq.
PLANNING AND DEVELOPMENT See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Beautification board 2-181 et seq. Subdivisions
See:BEAUTIFICATION BOARD Land development code regulations.... 98-1 et seq.
Commercial development board 22-26 et seq. See:LAND DEVELOPMENT CODE
See: COMMERCIAL DEVELOPMENT Theerotection land clearing aring 102-36 et seq.
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,corn- 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,coin- Amendments 82-148
mittee or person to prepare cora- 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
Lime zoning board 58-35 Maintenance of plumbing system 78-35
Supp.No.5 CDi:33
CAPE CANAVERAL CODE
Section Section
POLES AND WIRES PUBLIC SEWERS.See:SEWERS AND SEW-
Signs AGE DISPOSAL
Land development code regulations 94-1 et seq.
See:LAND DEVELOPMENT CODE PUBLIC THOROUGHFARES.See:STREETS,
SIDEWALKS AND OTHER PUBLIC
POLICE DEPARTMENT WAYS
Court costs for police education and train-
PUBLIC VEHICLES
ing 50-3 Vehicles for hire 80-1 et seq.
Fees schedule in general. See: FEES(Ap- See:VEHICLES FOR HIRE
pendix B)
Police department PUBLIC WAYS.See:STREETS,SIDEWALKS
Duties of chief of police and/or precinct AND OTHER PUBLIC WAYS
supervisor 42-26
Vehicles for hire PUBLIC WORKS AND IMPROVEMENTS
Receiving police radio calls prohibited; Beautification board 2-181 et seq.
radios which may be used 80-81 See: BEAUTIFICATION BOARD
Certain ordinances not affected by Code.. 1-10(a)(11)
POLITICAL SIGNS Concurrency management 86-1 et seq.
Signs See: LAND DEVELOPMENT CODE
Land development code regulations.... 94-1 et seq. Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Franchise regulations in general. See:
PRIVATE CLUBS FRANCHISES(Appendix A)
Human rights,discrimination prohibited . 40-28 Land development code regulations re zon-
PROCEEDINGS.See:SUITS,ACTIONS AND ing 110-26 et seq.
OTHER PROCEEDINGS See: LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq.
PROFESSIONS See:PLANNING AND DEVELOPMENT
Occupational license tax 70-66 et seq. Public service tax generally 70-26 et seq.
See:TAXATION See:TAXATION
Signs
PROPERTY Land development code regulations 94-1 et seq.
Abandoned property generally 34-180 et seq. See:LAND DEVELOPMENT CODE
See:ABANDONED PROPERTY Street excavations 66-61 et seq.
Litter See: STREETS, SIDEWALKS AND
Notice and order for removal from pri- OTHER PUBLIC WAYS
vate property 34-67 Subdivisions
Signs Land development code regulations.... 98-1 et seq.
Land development code regulations94-1 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Weeds and vegetation 34-121 et seq.
PROPERTY MAINTENANCE STANDARDS WEEDS AND DEM) 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- PURCHASES AND PURCHASING
nance 34-97 Availability of funds 2-225
Enforcement 34-95 Award to other than low bidder 2-218(7)
Landscape appearance and maintenance . 34-99 Bid deposits 2-218(3)
Purpose 34-94 Bid opening 2-218(4)
Scope 34-93 Blanket purchase orders 2-224
Sign appearance and maintenance 34-100 City bidders list 2-218(2)
Standards established 34-96 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)
Ineligible contractors 2-218(6)
PUBLIC SERVICE TAX Notice 2-218(1)
Generally 70-26 et seq. Open market purchase procedures 2-219
See:TAXATION Performance bond 2-218(9)
J
Supp.No. 5 CDi:34
CODE INDEX
(111Rime
Section Section
PURCHASES AND PURCHASING(Cont'd.) RECREATION. See: PARKS AND RECRE-
Procedure 2-218 ATION
Prohibition of interest
Financial interest 2-226(a) RECYCLABLE MATERIALS
Gifts and rebates 2-226(b) Residences 62-9(b)
Purpose 2-217 Solid waste generally 62-1 et seq.
Rejection of bids 2-218(5) See:SOLID WASTE
Sole source 2-220 REFUSE.See:SOLID WASTE
Subdivision,prohibition against 2-223
Tie bids 2-218(8) REGULAR MEETINGS
Utilities service City council 2-56
Purchase of 70-33
Without collecting public service tax, RESIDENTIAL DISTRICTS
purchase of 70-37 Land development code regulations re zon-
ing 110-26 et seq.
PYROTECHNICS.See:FIREWORKS See:LAND DEVELOPMENT CODE
Signs 94-96 et seq.
R Solid waste
Fees schedule in general. See: FEES
RACIAL DISCRIMINATION (Appendix B)
Human rights,discrimination prohibited . 40-28 RESIDENTIAL PLANNED UNIT DEVELOP-
RADIOLOGICAL WASTE.See:SOLID WASTE MENTS
Land development code regulations re zon-
RADIOS ing 110-26 et seq.
Noises, enumeration of prohibited 34-153(2) See:LAND DEVELOPMENT CODE
Vehicles for hire
Receiving police radio calls prohibited; REVENUES OF CITY. See:FINANCES
radios which may be used 80-81 REZONING
Lile RAILROADS AND TRAINS Certain ordinances not affected by Code.. 1-10(aX9)
Franchise regulations in general. See: RIGHTS
FRANCHISES(Appendix A) Certain ordinances not affected by Code.. 1-10(aX4)
RECORDS AND REPORTS Code does not affect prior rights estab-
Adult entertainment licenses 10-125 fished or occurring 1-8
Alarms ROAD SIGNS
Reports required 30-31 Signs
City clerk Land development code regulations.... 94-1 et seq.
Duties 2-116(1) See:LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES(Appendix A) ROBBERY ALARMS.See:ALARM SYSTEMS
Litter abatement 34-66
Occupational license tax RUBBISH.See:SOLID WASTE
Form signing of licenses;report of infor-
mation 70-70 S
Records of issued licenses 70-86
Records of licensees 70-87 SALES
Sewers Adult entertainment establishments
Industrial or commercial wastewater Sale to minors 10-170
monitoring reporting re discharges 78-100 Utility service without collection of public
Solicitors, peddlers and itinerant mer- service tax 70-40
chants
Permit record 16-53 SANITARY SEWER SYSTEM.See:SEWERS
Report of violations 16-31 AND SEWAGE DISPOSAL
Subdivisions SCREENS AND SCREENING
Land development code regulations 98-1 et seq. Property maintenance standards 34-91 et seq.
See: LAND DEVELOPMENT CODE See: PROPERTY MAINTENANCE
Vehicles for hire STANDARDS
Maintenance of records 80-85
‘111001 Report to accidents 80-88 SEA TURTLES. See:ANIMALS AND FOWL
Supp.No. 5 CDi:35
CAPE CANAVERAL CODE
Section Section
SEAL OF CITY SEWERS AND SEWAGE DISPOSAL(Cont'd)
City clerk Required 78-77(a)
Duties 2-116(1) Public sewers,connection to 78-85
SEPTIC TANKS Separate sewers for each building78-76
Specifications 78-81
Sanitary sewer requirements 78-34 Definitions 78-51
SERGEANT AT ARMS Discharges
City council 2-63 Fees 78-99
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 sten-
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 Oldlumb'
P mg,connecting 78-31
Change of use 78-128 Payment of sewer charges required 78-153
Cost of living increase 78-129 Penalties 78-26
Established 78-121 Private water supply
Excessive quantity of wastewater 78-123 Sewer fees where owner has 78-154
Full payment required prior to issuance Public service tax generally 70-26 et seq.
of certificate or license 78-125 See:TAXATION
Generally 2-231 et seq. Rates and charges
See:IMPACT FEES Monthly sewer rates 78-152
Offsite sewage plumbing 78-131 Payment of sewer charges required.... 78-153
Payment 78-122 Sewer fees where owner has private
Port Canaveral customers 78-130 water supply 78-154
Use of funds 78-127 Sanitary requirements 78-32
Industrial and commercial use Separate connection for each separate build-
Administrative enforcement procedures 78-59 ing 78-38
Administrative penalties 78-60 Septic tanks 78-34
Applicability of provisions 78-54 Sewer fees where owner has private water
Building sewers and connections supply 78-154
Connecting sources of surface runoff Subdivisions
or groundwater 78-84 Land development code regulations.... 98-1 et seq.
Cost of installation;indemnification 78-78 See:LAND DEVELOPMENT CODE
Elevations 78-82 Unlawful connection 78-29
Excavations 78-83 Unlawful construction 78-30
Notice of inspection and connection . 78-79 Wastewater discharge permits 78-98
Old building sewers 75-80
Permit for connections SEXUAL DISCRIMINATION
Application 78-77(b) Human rights,discrimination prohibited . 40-28
J
Supp.No. 5 CDi:36
CODE INDEX
Section Section
SHOPPING CENTERS SOLID WASTE(Cont'd.)
Signs Public nuisances prohibited
Land development code regulations.... 94-1 et seq. Dead plants,refuse,debris
See:LAND DEVELOPMENT CODE Yards,etc.,to be kept free of 34-122
SHOUTING Regulations on file 62-12
Residential solid waste pickup conditions
Noises,enumeration of prohibited 34-153(4) 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)
Yard waste 62-9(c)
SIDEWALKS. See: STREETS, SIDEWALKS Sanitary sewer system 78-26 et seq.
AND OTHER PUBLIC WAYS See: SEWERS AND SEWAGE DIS-
SIGNS AND BILLBOARDS POSAL
Fees schedule in general. See: FEES(Ap- Schedule of fees 62-5
pendix B) Transporting 62-7
Handbills Tree protection,land clearing 102-36 et seq.
Litter regulations 34-51 et seq. See:LAND DEVELOPMENT CODE
See:LITTER Unlawful acts
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
Lille' SITE PLANS Noises,enumeration of prohibited 34-153(3)
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
SOLIDDuties 2-126(3)
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
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
Containers
Required 62-8 STORAGE
Definitions 62-1 Abandoned vehicles on private property .. 34-181
Fees schedule in general. See: FEES (Ap- Fireworks
pendix B) Storage of materials 38-87
Ownership by city 62-4
Penalties 62-2 STORM DRAINAGE
LProper disposal prerequisite to collection 62-10 Certain ordinances not affected by Code.. 1-10(a)(17)
Supp.No.5 CDi:37
CAPE CANAVERAL CODE
Section Section
STORM DRAINAGE(Cont'd.) STREETS,SIDEWALKS AND OTHER PUB-
Subdivisions LIC WAYS(Cont'd.)
Land development code regulations.... 98-1 et seq. Impact fees generally 2-231 et seq.
See: LAND DEVELOPMENT CODE See: IMPACT FEES
Land development code regulations re zon-
STORMWATER MANAGEMENT ing 110-26 et seq.
Coastal construction code 82-81 et seq. See: LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Lighting 34-206 et seq.
Fees schedule in general. See: FEES(Ap- See:LIGHTING
pendia B) Litter 34-26 et seq.
Sanitary sewer system 78-26 et seq. See;LITTER
See: SEWERS AND SEWAGE DIS-
Local planning agency 58-56 et seq.
POSAL See:PLANNING AND DEVELOPMENT
Street excavations 66-61 et seq. Noise
See: STREETS, SIDEWALKS AND Enumeration of prohibited 34-153(4)
OTHER PUBLIC WAYS Numbering of buildings and property 82-366 et seq.
Wetlands protection 106-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE
Open containers
STREETS,SIDEWALKS AND OTHER PUB- Prohibited in motor vehicles 6-68
LIC WAYS Parks and recreation areas 54-1 et seq.
Adult entertainment See:PARKS AND RECREATION
Covering glass areas facing public thor- Property maintenance standards 34-91 et seq.
oughfares 10-164 See: PROPERTY MAINTENANCE
Alcoholic beverages STANDARDS
Possession and consumption 6-51 Public service tax generally 70-26 et seq.
Beach end streets See:TAXATION
Camping prohibited 50-4 Right-of-way
Beautification board generally 2-181 et seq. Use agreements 66-1
See:BEAUTIFICATION BOARD Camping prohibited 50-4
Certain ordinances not affected by Code.. 1-10(aX5) Signs
Concurrency management system 86-1 et seq. Land development code regulations.... 94-1 et seq.
See: MOTOR VEHICLES AND TRAF- See:LAND DEVELOPMENT CODE
FIC Solicitors, peddlers and itinerant mer-
Excavations chants 16-26 et seq.
City See: PEDDLERS, CANVASSERS AND
Authority of city 66-64 SOLICITORS
Right to restore surface 66-69 Solid waste generally 62-1 et seq.
Cleanup 66-68 See:SOLID WASTE
Emergencies 66-70 Transporting regulations 62-7
Engineering details 66-66 Street lights
Guarantee 66-67 Sea turtle regulations 14-57
Inspections 66-63 Streets
Liability of city 66-62 Abandonment
Method of installation 66-65 Authority 66-36
Penalty 66-61 Ordinance required 66-39
Permit Petition
Application 66-82 For action 66-37
Cash deposits 66-84 Procedure 66-38
Fee 66-83 Civil liability for damage 66-26
Required 66-81 Speed bumps 66-27
Fire lanes,designation of 74-62 Subdivisions
Franchise agreements 66-1 Land development code regulations.... 98-1 et seq.
Franchise regulations in general. See: See:LAND DEVELOPMENT CODE
FRANCHISES(Appendix A) Traffic
Grades Certain ordinances not affected by Code 1-10(a)(8)
Certain ordinances not affected by Code 1-10(a)(10) Travel on other than streets or highways 74-1
Handbills Tree protection,land clearing 102-36 et seq.
Throwing or distributing in public places 34-51 See: LAND DEVELOPMENT CODE
Supp. No. 5 CDi:38
,-
CODE INDEX
cille
Section Section
STREETS,SIDEWALKS AND OTHER PUB- SURVEYS,MAPS AND PLATS
LIC WAYS(Cont'd.) Amendment to zoning map
Trucks generally 74-26 et seq. Certain ordinances not affected by Code 1-10(a)(9)
See: MOTOR VEHICLES AND TRAF- City engineer
FIC Duties 2-151(1)
Weeds and vegetation 34-121 et seq. Dedicating or accepting
See: WEEDS AND DEAD VEGETA- Certain ordinances not affected by Code 1-10(a)(12)
TION Franchise regulations in general. See:
Wetlands protection 106-26 et seq. FRANCHISES(Appendix A)
See:LAND DEVELOPMENT CODE Outdoor entertainment permit require-
Yelling,shouting,hooting,whistling,sing-
ments 10-62(2)
Subdivisions
ing Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
SUBDIVISIONS
Beautification board generally 2-181 et seq. Truck routes,map of 74-31
See:BEAUTIFICATION BOARD SWEAR OR SWORN.See:OATH,AFFIRMA-
Commercial development board 22-26 et seq. TION,SWEAR OR SWORN
See: COMMERCIAL DEVELOPMENT SWIMMING POOLS
BOARD Land development code regulations re zon-
Dedicating or accepting ing 110-26 et seq.
Certain ordinances not affected by Code 1-10(a)(12) See:LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES(Ap- Swimming pool code
pendix B) Administrative authority or official 82-247
Flood damage prevention 90-26 et seq. Adopted 82-246
See:LAND DEVELOPMENT CODE
Impact fees generally 2-231 et seq. T
See:IMPACT FEES
Lisle Land development code TAXATION
Regulations re subdivisions 98-1 et seq. Certain ordinances not affected by Code.. 1-10(aX7)
See:LAND DEVELOPMENT CODE Fees schedule in general. See: FEES(Ap-
Regulations re zoning 110-26 et seq. pendia B)
See:LAND DEVELOPMENT CODE Franchise regulations in general. See:
Planning and zoning board 58-26 et seq. FRANCHISES(Appendix A)
See:PLANNING AND ZONING BOARD Local improvements
Public service tax generally 70-26 et seq. Certain ordinances not affected by Code 1-10(a)(11)
See:TAXATION Occupational license tax
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
Subdivisions Payment of tax prerequisite to 70-69
Land development code regulations.... 98-1 et seq. Records of issued licenses 70-86
(Woe See: LAND DEVELOPMENT CODE License year 70-74
Supp.No.5 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-?0 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
Failure to obtain or renew license70-75 TELEGRAPH SERVICES
Public service tax Public service tax generally 70-26 et seq.
Applicability 70-28 See:TAXATION
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.
See: LAND DEVELOPMENT CODE Land development code regulations re zon-
Excavation and grading code 82-296,82-297 ing 110-26 et seq.
Fire prevention code 38-26 et seq. See: LAND DEVELOPMENT CODE
See: FIRE PREVENTION
TOXIC WASTE. See: SOLID WASTE
3
Supp.No. 5 CDi:40
CODE INDEX
‘11110e 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-
TRAFFIC. See: MOTOR VEHICLES AND TION
TRAFFIC Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS-
TRASH.See:SOLID WASTE POSAL
Service rate, deposits and billing prose-
TREASURER.See:CITY TREASURER dures
TREES AND SHRUBBERY Deposit required 78-151
Fees schedule in general. See: FEES (Ap- Monthly sewer rates 78-152
pendix 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
FIC
TURTLES VEGETATION. See: WEEDS AND DEAD
Sea turtles 14-51 et seq. VEGETATION
(live
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
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. 5 CDi:41
CAPE CANAVERAL CODE
Section Section
VEHICLES FOR HIRE(Cont'd.) WATER SUPPLY AND DISTRIBUTION
Fees schedule in general. See: FEES(Ap- (Cont'd.)
pendix B) Policies and regulations adopted;corn-
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-
dice 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) pendia B)
Mechanical inspection 80-76(d) Intent 34-121
Substitution of equipment 80-76(g) Notice to remedy nuisance 34-123
Taximeters 80-76(0 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
Sewer impact fees WHISKEY.See:ALCOHOLIC BEVERAGES
Excessive quantity of 78-123 WHISTLING
WATER SUPPLY AND DISTRIBUTION Noises,enumeration of prohibited 34-153(4)
Adult entertainment establishments 10-165(a) WINE :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 YELLING
Inspections 78-192 Noises,enumeration of prohibited 34-153(4)
j
Supp.No.5 CDi:42
CODE INDEX
Lie
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 regulations 98-1 et seq.
See:LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See:LAND DEVELOPMENT CODE
L
Supp.No. 5 CDi:43
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