HomeMy WebLinkAboutSupplement 04 SUPPLEMENT NO.4
May 1997
Lirol 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. 4-97, enacted April 1, 1997.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xiii—xviii xiii—xviii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
CD2:5, CD2:6 CD2:5, CD2:6
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CD22:3, CD22:4 CD22:3—CD22:9
CD34:9, CD34:10 CD34:9, CD34:10
CD38:5--CD38:6.1 CD38:5—CD38:6.1
CD66:1 CD66:1
CD66:3—CD66:6 CD66:3—CD66:8
CD78:1—CD78:2.1 CD78:1—CD78:2.1
CD78:21—CD78:24 CD78:21—CD78:24
CD 110:63, CD 110:64 CD 110:63—CD 110:64.1
CDB:5, CDB:6 CDB:5—CDB:6.1
CDB:9—CDB:10.1 CDB:9—CDB:10.1
CDB:15 CDB:15
CCT:13—CCT:15 CCT:13—CCT:15
SLT:1, SLT:2 SLT:1, SLT:2
CDi:3—CDi:12.1 CDi:3—CDi:12.1
CDi:27, CDi:28 CDi:27—CDi:28.1
CDi:33—CDi:38.1 CDi:33—CDi:38.1
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. III. Sea Turtles CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production Per-
mits CD16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Commercial Development Board CD22:3
Art. III. Community Appearance Review CD22:4
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
Div. 1. Generally CD30:3
Div. 2. Permit CD30:5
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:5
Div. 3. Abatement CD34:6
Art. III. Property Maintenance Standards CD34:7
Art. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
35-37. Reserved CD35:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:7
Lire Art. IV. Fireworks CD38:7
Supp.No.4 xiii
CAPE CANAVERAL CODE
Chapter Page
Art. V. Hazardous Materials and Substances CD38:8
39. Reserved CD39:1
40. Human Relations CD40:1
Art. I. In General CD40:3
Art. II. Human Rights CD40:3
41. Reserved CD41:1
42. Law Enforcement CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
•
43-45. Reserved CD43:1
46. Library CD46:1
Art. I. In General CD46:3
Art. II. Library Board CD46:3
47-49. Reserved CD47:1
50. Offenses and Miscellaneous Provisions CD50:1
51-53. Reserved CD51:1
54. Parks and Recreation CD54:1
Art. I. In General CD54:3
Art. II. Recreation Board CD54:3
Art. III. Vessel Control and Water Safety CD54:4
55-57. Reserved CD55:1
58. Planning CD58:1
Art. I. In General CD58:3
Art. II. Planning and Zoning Board CD58:3
Art. III. Local Planning Agency CD58:5
59-61. Reserved CD59:1
62. Solid Waste CD62:1
63-65. Reserved CD63:1
66. Streets, Sidewalks and Other Public Places CD66:1
Art. I. In General CD66:3
Art. II. Streets CD66:5
Div. 1. Generally CD66:5
Div. 2. Abandonment CD66:5
Art. III. Excavations CD66:6
Div. 1. Generally CD66:6
Div. 2. Permit CD66:7
67-69. Reserved CD67:1
70. Taxation CD70:1
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Supp. No.4 Xiv
TABLE OF CONTENTS—Cont'd.
Laire'
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. N. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates,Deposits and Billing Procedures CD78:23
Art. N. Reclaimed Water CD78:25
Div. 1. Generally CD78:25
(111kire' Div. 2. Installation and Inspection of the Reclaimed
Water System CD78:26
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. IV. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. In General CD82:5
Art. II. Building Code CD82:5
Art. III. Unsafe Building Abatement Code CD82:7
Art. N. 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 CD82:16
Art. IX. Solar Energy Standards CD82:17
Art. X. Swimming Pool Code CD82:17
Art. XI. Housing Code CD82:18
Lsoci Art. XII. Excavation and Grading Code CD82:18
Supp. No. 4 xv
CAPE CANAVERAL CODE
Chapter Page
J
Art. XIII. Threshold Buildings CD82:21
Div. 1. Generally CD82:21
Div. 2. Special Inspector CD82:22
Art. XIV. Numbering of Buildings and Property CD82:23
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
Supp.No.4 xvi
TABLE OF CONTENTS-Cont'd.
Lire
Chapter Page
102. Vegetation CD 102:1
Art. I. In General CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD 107:1
110. Zoning CD110:1
Art. I. In General CD110:7
Art. II. Board of Adjustment CD110:14
Div. 1. Generally CD110:14
Div. 2. Special Exceptions CD110:16
Div. 3. Variances CD110:18
Art. III. Administration and Enforcement CD110:19
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. IV. Special Exceptions CD110:23
Div. 1. Generally CD110:23
Div. 2. Alcoholic Beverages CD110:23
Art. V. Nonconformities CD110:25
Art. VI. Site Plans CD110:28.1
Art. VII. Districts CD110:30
Div. 1. Generally CD110:30
Div. 2. R-1 Low Density Residential District CD110:33
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 CD110:62
Div. 3. Offstreet Loading CD110:64
Div. 4. Home Occupations CD110:64.1
Div. 5. Setbacks CD110:65
Div. 6. Vehicles and Vessels CD110:67
Lare Div. 7. Landscaping and Vegetation CD110:69
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CAPE CANAVERAL CODE
Chapter Page
Div. 8. Swimming Pools CD110:71
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 CCZ`.9
State Law Reference Table SLT:1
Charter Index CHTi:1
Code Index CDi:1
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,,f Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis,it has become evident that through usage and supplementation
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In addition to assisting existing holders of the Code, this list may be used in
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ADMINISTRATION §2-55
L
ARTICLE I. IN GENERAL for an election which includes city council posi-
tions resulting from vacancies of unexpired terms
Secs. 2-1-2-25. Reserved. does not exceed the number of positions to be
filled by the election, each candidate shall file
with the city clerk within ten days after the close
ARTICLE II. CITY COUNCIL* of the qualifying period specified in section 26-3 a
designation which specifies whether the term
sought by the candidate is a full term or unex-
DIVISION 1. GENERALLY pired term of a vacancy. If such designations by
all candidates do not produce an excess of candi-
Sec. 2-26. Elections. dates seeking full terms or vacant terms over the
All powers and duties of the city specified in respective number of full terms or vacant terms,a
the city Charter in the general laws of the state general election shall not be held and candidates
are vested in the city council. The city council is shall take office in accordance with results of the
composed of five members who are elected at designations. If a candidate fails to make the
large by the registered electors of the city. Two designation in the time above stated, the candi-
members are elected each year to three-year date shall be deemed to have made a designation
terms, except on every third year only one mem- for a full term.
ber, who is also the mayor, is elected to a three- (Ord. No. 35-93, § 2(231.02), 10-19-93)
year term. Further, should any general election
include the election of a council person due to a Sec. 2-28. Reserved.
vacancy in that office pursuant to article III, Editor's note—Ordinance No.1-95,§1,adopted February
section 4,of the Charter,then the unexpired term 21, 1995 repealed section 2-28 in its entirety. Formerly, such
Lese" shall be filled by the candidate receiving the third
greatest number of votes, or the second greatest
section pertained to councilmembers' areas of interest and
derived from§27.108 of the 1981 Code and Ord.No.39-93, §
number of votes in third year elections involving 2, 10-19-93.
only the mayor. Should more than one vacancy be
filled at the election, then those receiving the Secs. 2-29-2-40. Reserved.
greatest number of votes shall be declared elected
for the longest terms.
(Code 1981, § 231.01; Ord. No. 35-93, § 1(231.01), DIVISION 2. COMPENSATIONt
10-19-93)
Charter references—City council compensation,art. III,
§3;city council vacancies,art. III, §4. Sec. 2-41. Established for councilmembers
Cross reference—Elections,ch. 26. other than mayor.
Sec. 2-27. Uncontested elections. The compensation for the members of the city
council other than the mayor shall be $2,400.00
If the number of candidates qualifying for an per year.
election which does not include city council posi- (Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94)
tions resulting from vacancies of unexpired terms
does not exceed the number of positions to be
filled by the election, a general election shall not Sec. 2-42. Established for mayor.
be held and each candidate shall take office for a The compensation for the mayor shall be
full term. If the number of candidates qualifying $3,200.00 per year.
*Charter references—City council, qualifications and (Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94)
terms, filling of vacancies, art. III; mayor, art. W.
Cross reference—The mayor or city manager in the case
of the absence of the mayor,or any available councilmember in Secs. 2-43--2-55. Reserved.
the absence of the mayor and city manager, may declare a
state of emergency, § 18-2. tCharter reference—Compensation, art. III, §3.
Supp. No. 4 CD2:5
§2-56 CAPE CANAVERAL CODE
DIVISION 3. MEETINGS and the purpose for which such meeting is
called, and no other business shall be
Sec. 2-56. Regular meetings. enacted at that meeting. If, after reason-
able diligence, it is impossible to give
The city council shall hold regular meetings on notice to each councilmember, such fail-
the first and third Tuesday of each month at 7:00 ure shall not affect the legality of the
p.m. When the day fixed for any regular meeting meeting.
falls upon a day designated by law as a legal
national holiday, such meeting shall be held on (b) All special meetings shall be held in the
the next succeeding day not a holiday. Regular city hall or such other place as designated by a
meetings may be otherwise postponed, canceled majority of the council in open session and shall
or rescheduled only by motion adopted at a regu- be open to the public and the press.
lar meeting by a majority vote of the city council. (Code 1981, § 271.03)
All regular meetings shall be held in the city hall Sec. 2-58. Workshop meetings.
annex or such other place as designated by a
majority of the council in open session. Workshop meetings may be called to informally
(Code 1981, § 271.02; Ord.No. 24-93, § 1(271.02), discuss matters relating the city business,includ-
8-17-93) ing matters to be placed on the agenda for the
succeeding regular council meeting, by a verbal
Sec. 2-57. Special meetings. notice served on the city clerk at a regular meet-
ing of the city council or in writing and signed by
(a) A special meeting of the city council may be a majority of the councilmembers.Workshop meet-
initiated by any of the following means: ings shall be held in the city hall annex and shall
(1) By an affirmative vote of a majority of the be open to the public and press. Notice of work-
city council pursuant to the Charter, art. shop meetings shall be posted 24 hours in ad-
V, § 1. vance at the city hall. Minutes of the workshop
meeting shall be prepared and distributed to
(2) By serving the city clerk notice in writing council members.
and signed by a majority of the city coun- (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04),
cil. The clerk shall forthwith give verbal 8-17-93; Ord. No. 26-95, § 1, 11-9-95)
or written notice to each member of the
council, stating the date and hour of the
meeting and the purpose for which such
meeting is called, and no other business
shall be enacted at that meeting. The
clerk in the notice of a special meeting
initiated in this manner shall allow at
least 24 hours to elapse between the call
of the meeting and the date and hour of
the meeting.
(3) By verbal notice to the city clerk or the
city manager by a majority of the city
council whenever an emergency exists
which requires immediate action by the
council.The clerk shall forthwith attempt
to give notice to each member of the
council stating the hour of the meeting
*Charter references—Meetings, art. V, § 1; rules of
procedure,art.V,§2.
State law reference—Public meetings,F.S.ch. 286.
Supp.No. 4 CD2:6
Chapter 22
COMMUNITY DEVELOPMENT*
Article I. In General
Secs. 22-1-22-25. Reserved.
Article II. Commercial Development Board
Sec. 22-26. Definitions.
Sec. 22-27. Established.
Sec. 22-28. Composition;qualifications.
Sec. 22-29. Term of office.
Sec. 22-30. Vacancies.
Sec. 22-31. Removal.
Sec. 22-32. Rules and procedures.
Sec. 22-33. Purpose and duties.
Sec. 22-34. Advisory capacity.
Sec. 22-35. Indebtedness.
Article III. Community Appearance Review
Sec. 22-36. Statement of findings and purpose.
Sec. 22-37. Board established;membership;qualifications of members.
Sec. 22-38. Rules of conduct of board business.
Sec. 22-39. Proceedings of the board.
Sec. 22-40. Approval prerequisite for permits.
Sec. 22-41. Compliance with other code provisions.
Sec. 22-42. Procedure.
Sec. 22-43. Notice of approval or denial.
Sec. 22-44. Application criteria.
Sec. 22-45. Concept plans.
Sec. 22-46. Appeals and review.
Sec. 22-47. Building permits;enforcement.
'Cross references—Planning,ch. 58; zoning, ch. 110.
Supp. No. 4 CD22:1
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COMMUNITY DEVELOPMENT §22-33
ARTICLE I. IN GENERAL Sec. 22-29. Term of office.
The members of the commercial development
Secs. 22-1-22-25. Reserved. board shall be appointed by a majority vote of the
city council for staggered terms of two years.
(Code 1981, § 263.05)
ARTICLE II. COMMERCIAL
DEVELOPMENT BOARD* Sec. 22-30. Vacancies.
Sec. 22-26. Definitions. Vacancies occurring on the commercial devel-
opment board shall be filled for the unexpired
The following words, terms and phrases,when term by the city council.
used in this article, shall have the meanings (Code 1981, § 263.06)
ascribed to them in this section,except where the
context clearly indicates a different meaning: Sec. 22-31. Removal.
Commerce or commercial pertain to activities The city council, by majority vote, shall have
in the areas of industry, commerce, business and the authority to remove any member of the coin-
tourism. mercial development board from office whenever,
(Code 1981, § 263.01) in its discretion,the best interest of the city shall
Cross reference—Definitions and rules of construction
generally, § 1-2. be served.
(Code 1981, § 263.07)
Sec. 22-27. Established.
Sec. 22-32. Rules and procedures.
The city establishes a commercial development
board in and for the city. The commercial development board shall adopt
(Code 1981, § 263.01) a set of rules to govern meetings and procedures,
which shall be approved by the city council.
Sec. 22-28. Composition; qualifications. (Code 1981, § 263.08)
(a) The commercial development board shall Sec. 22-33. Purpose and duties.
consist of nine members.
The commercial development board shall have
(b) Each member shall either be a bona fide the purposes and duties to:
resident of the city or employed in a full-time (1) Prepare a commercial development plan
capacity in the city at the time of appointment and submit the plan for approval to the
and during incumbency,or any other person whom city council.This plan shall analyze exist-
the council deems qualified to promote the pur- ing conditions and needs pertaining to the
poses as described in section 22-33.Each member
of the board shall be a registered voter. At least city s commerce and determine optimum
two members of the board shall be engaged in an methods and means of improving those
conditions and satisfying those needs.The
active business enterprise. plan shall contain as a minimum the
(c) Membership of the board shall include a following:
significant representation from the city's commer- a. A survey of existing commercial en-
cial activities, with each member having exper- tities located in the city.
tise in public relations or having business devel- b. An inventory of existing vacant space
opment skills. (building and land) suitable for use
(Code 1981, § 263.04; Ord. No. 50-93, § 1, 1-4-94) in commercial development. This
*Cross reference—Boards, committees, commissions, § shall be coordinated with the plan-
2-171 et seq. ning and zoning board.
Supp. No. 4 CD22:3
§22-33 CAPE CANAVERAL CODE
groups c. A determination of the commercial (7) Cooperate with all community gr ps
needs of the citizens of the city that which are dedicated to orderly commer-
are presently going unsatisfied or cial expansion of the city and furnish
being met by commercial entities them with aid and advice as is deemed
outside the city. appropriate.
d. An analysis of these needs and the (8) Generally encourage in any manner the
preparation of a plan for bringing development of business, commerce, in-
new and needed commercial enter- dustry and tourism in the city.
prises to the city. This plan should (9) Investigate sources of financial assistance
also seek methods of enhancing ex- available to the city from the governmen-
isting commerce presently located in tal or private sector and assist the city as
our city in an effort to satisfy citizen directed by the city council in properly
needs. applying and promoting the successful
(2) Implement the council-approved commer- acquisition of the assistance. For the pur-
cial development plan as directed and pose of this article, financial assistance
funded by the council. may be in the form of grants,low interest
(3) Confer with and advise the city council on loans or physical property, including that
all matters concerning the development of of real or personal nature.Activity in the
commerce in the city. private sector will be limited to estab-
lished foundations.
(4) Act as liaison for the city in the area of (Code 1981, § 263.02)
public relations with the following:
a. Cocoa Beach Area Chamber of Corn- Sec. 22-34. Advisory capacity.
coerce. The powers and duties of the commercial de-
b. Canaveral Port Authority. velopment board are of an advisory nature only,
c. County economic development coun- and the board shall not have any powers or duties
cil. which conflict with or supersede the powers and
d. Other similar organizations or agen- duties of other city boards.
cies which, in the opinion of the (Code 1981, § 263.03)
commercial development board,would
be appropriate for such liaison. Sec. 22-35. Indebtedness.
(5) Determine from existing commercial en- The commercial development board shall not
terprises in the city and interested out- incur any debts or enter into any contracts or
side entities contemplating locating in the obligations which would be enforceable against
city the appropriate and necessary action the city, unless prior approval has been obtained
the city should take to enhance and en- from the city council.
courage the further development of the (Code 1981, § 251.05)
city's commerce and coordinate with and
advise pertinent officials and boards in
the city as to the implementation of this ARTICLE III. COMMUNITY APPEARANCE
action. REVIEW
(6) Advise the city council and the city man- Sec. 22-36. Statement of findings and pur-
ager of the advent of any new commercial pose.
activity, i.e., new businesses, significant
change in existing businesses, etc., in the (a) The logo of Cape Canaveral, and its accom-
city's commerce in order that timely and panying motto "Sun, Space and Sea," signifies
appropriate recognition by the city can be Cape Canaveral's unique cultural character and
effected. beauty. Indicative of Cape Canaveral's unique-
Supp.No. 4 CD22:4
COMMUNITY DEVELOPMENT §22-37
Lioe
ness is its reputation as primarily a residential thetic beauty also protects property values, tour-
waterfront community with beautiful beaches and ism, and other economic interests which Cape
scenic ocean vistas, within close proximity to Canaveral deems vital to the community
several internationally renown tourist destina-
tions including the Kennedy Space Center and (f) Zoning is the single most powerful legal
several major cruise ship terminal. enforcement of an overall urban concept, but
alone it does not create beauty, aesthetic order,or
b) In recognition of Cape Canaveral's unique- amenity. The task of the community appearance
ness, the city council has determined that a board shall be to preserve various elements of
deliberate and conscientious effort must be made urban beauty and require that new projects being
by community leaders,in partnership with archi- developed enhance existing development and the
tects, planners, realtors, builders and the citi- landscape of the community
zenry of Cape Canaveral, to protect the general (g) The essential foundation of beauty in corn-
welfare of the community by preserving and im- munities is harmony.The plan for achieving beauty
proving Cape Canaveral's aesthetic appearance, must grow out of out special local characteristics
beauty,and character,so as to ultimately enhance of site,development and redevelopment potential.
the quality of life and civic pride of all people who Some local areas of natural beauty are the beaches,
reside, work, vacation, or spend time in Cape ocean and the Banana River. The vistas and
Canaveral. visual delight of these should only be enhanced.
(Ord. No. 16-95, § 2, 12-19-95)
(c) The facilitator of this effort shall be the
community appearance board whose primary pur- Sec. 22-37. Board established; membership;
pose shall be to encourage uniform architectural qualifications of members.
(Illsoe' standards and cohesive community development
consistent with the intent and purpose of this (a) Established. There is hereby established a
article. community appearance board which shall consist
of five members who shall serve without compen-
(d) The cultural character and beauty of Cape sation and two alternate members who may par-
Canaveral involves, among other things, the aes- ticipate in discussion, but may not vote unless
thetic quality of all one sees in moving about the substituting for a voting member who is absent.
entire community. Consequently,the ultimate de- Members of the board shall be appointed by
signers and developers of buildings and struc- majority vote of the city council. Voting members
tures must be informed of the larger context in shall be appointed for staggered terms;the initial
which their particular works will be viewed within voting members shall serve the following terms:
the community. The task of the community ap- one member shall serve a term of one year; two
pearance board shall be to provide a mechanism members shall serve a term of two years,and two
by which proposed new development and modifi- members shall serve a terms of three years.
cations or rehabilitations (of buildings and struc- Thereafter, all members shall be requested to
tures)can be reviewed and approved,in a uniform serve a three-year term.There shall be no restric-
manner, so as to be in harmony with the compre- tion placed upon the number of terms that an
hensive architecturally related policies,objectives individual member may serve. Alternate mem-
and standards adopted by Cape Canaveral for the bers shall serve three-year terms.
overall betterment of the community.
(b) Removal; vacancy. Members may be re-
(e) It is recognized by the Florida Supreme moved by majority vote of the city council at will.
Court that zoning solely for aesthetic purposes is A seat on the board shall be deemed vacant when
not outside the scope of the police power of mu- a member has more than three consecutive ab-
nicipal governments, like Cape Canaveral. It has sences or five absences within a period of 12
also been judicially recognized in Florida (and in months,or because of death,resignation,removal
(limpol other jurisdictions) that the promotion of aes- or completion of the term of any member. A
Supp. No. 4 CD22:5
§22-37 CAPE CANAVERAL CODE
member seat vacated prior to the expiration of its scribed by the board. A written record of the
term shall be filled for its unexpired term by proceedings of the board shall be kept, showing
majority vote of the city council. its action on each question considered.Such record
shall be filed with the office of the secretary of the
(c) Qualifications. All members shall be resi- board and shall be open for public inspection.
dents of the city and be especially qualified by
reason of training or experience in art, architec- (b) The city shall provide administrative, le-
ture,community planning,land development,real gal, architectural and other professional expert
estate, landscape architecture or other relevant services deemed necessary for the board to per-
business or profession,or by reason of civic inter- form its duties and obligations under this article.
est, so as to be considered a sound judge of the (Ord. No. 16-95, § 2, 12-19-95)
aesthetic effect and impact(upon property values,
desirability and the economic, social and cultural Sec. 22-40. Approval prerequisite for per-
patterns of the community)of a proposed building mits.
or structure on surrounding areas.
(Ord. No. 16-95, § 2, 12-19-95) (a) Without exception,all plans,elevations and
proposed signs for buildings or structures, or
alterations thereto, shall be approved by the
Sec. 22-38. Rules of conduct of board busi- community appearance board,or by the city coun-
ness. cil under limited circumstances provided in this
The community appearance board shall comply article,before a permit is issued for any building,
with all rules and procedures adopted by the city structure, sign or other development of property,
council which relate to quasi-judicial boards. The or appurtenances or alterations thereto, which
community appearance board may adopt addi- have an exterior visual impact or effect on the
tional rules and procedures deemed necessary to community.
the conduct of its affairs, and in keeping with the (b) Notwithstanding paragraph(a) of this sec-
provisions of this article, providing such rules do tion,if the building official determines(at his sole
not conflict with applicable rules adopted by the discretion) that a building permit application is
city council. Three members shall constitute a minor or insignificant, the building official may
quorum. The affirmative vote of the majority grant the permit without submitting the applica-
present shall be necessary for any board actions; tion to the community appearance board for ap-
provided,however,it shall take three affirmative proval, providing the permit is consistent with
votes to pass or approve an application under the intent and purpose of this article. For pur-
section 22-40. poses of this paragraph, the phrase "minor or
(Ord. No. 16-95, § 2, 12-19-95) insignificant"shall mean a small scale renovation
or modification project affecting a small site and
Sec. 22-39. Proceedings of the board. having a nominal exterior visual impact and
effect on the community Any party or person
(a) At the initial meetings, and thereafter an- adversely affected by a decision made by the
nually, the board shall elect a chairperson and a building official may appeal such decision to the
vice-chairperson. The officers may succeed them- community appearance board.
selves. The chairperson, or the vice-chairperson (Ord. No. 16-95, § 2, 12-19-95)
in his absence,shall conduct all proceedings in an
orderly manner and provide at least a minimum Sec. 22-41. Compliance with other code pro-
of due process to all interested parties. Meetings visions.
shall be held on the first and third Monday of
each month unless no business is presented to the The requirements of this article are deemed
board for a particular meeting.All board meetings supplemental of, and in addition to, all other
shall be open to the public. The time and place of applicable codes adopted by the city including,
meetings, and the order of business and proce- but not limited to, the land development regula-
dure to be followed at meetings, shall be pre- tions, and all fire and building regulations. Ap-
Supp.No.4 CD22:6
COMMUNITY DEVELOPMENT §22-42
Lo.'"
proval of plans and specifications by the commu- ance, rhythm, contrast and simplicity are
nity appearance board shall be construed only for coordinated in a harmonious manner rel-
the limited purpose of complying with this article, evant to the particular proposal,surround-
and in no way shall the applicant construe such ing area and cultural character of the
approval as evidence of compliance with any community.
other applicable city codes and regulations.
(Ord. No. 16-95, § 2, 12-19-95) (2) The plans for the proposed building or
structure are in harmony with any future
Sec. 22-42. Procedure. development which has been formally ap-
proved by the city within the surrounding
(a) Submission of application. All applicants area.
for a building permit, subject to the provisions of (3) The plans for the proposed building or
this article, shall submit to the building official structure are not excessively similar or
the documents prescribed in section 22-44, to- dissimilar to any other building or struc-
gether with an application fee to be adopted ture which is either fully constructed,
pursuant to appendix B. permitted but not fully constructed, or
(b) Scheduling and notice of hearing. Upon included on the same permit application,
receipt of the required documents, the building and facing upon the same or intersecting
official shall forthwith schedule a hearing on the street within 500 feet of the proposed site,
application before the community appearance with respect to one or more of the follow-
board. Notice of the time and place of the public ing features of exterior design and appear-
hearing shall be given to the applicant at least ance:
seven days prior to the date of the public hearing. a. Front or side elevations;
‘iire Public notice of the time and place of the public b. Size and arrangement of elevation
meeting shall also be posted at places within the facing the street, including reverse
city deemed reasonably appropriate for providing arrangement; or
such notice. Public notice shall also contain the
name of the applicant,a general description of the c. Other significant features of design
property, and a general description of the appli- such as, but not limited to: materi-
cation request. als, roof line and height or design
elements.
(c) Conduct of hearing; approval or denial. At (4) The plans for the proposed building or
the designated public hearing, the community
appearance board shall hear the applicant on the structure are in harmony with the estab-
proposed application, and shall hear from mem- fished character of other buildings or struc-
bers of the general public in accordance with the tures in the surrounding area with re-
rules and procedures adopted by the city council spect to architectural specifications and
and the board. During the public hearing, the design features deemed significant based
applicant may be present in person or by counsel, upon commonly accepted architectural
and the applicant has the right to present evi- Principles of the local community
dence in support of his position and cross examine (5) The proposed development of the building
adverse witnesses whose testimony is offered at or structure is consistent and compatible
the hearing. The community appearance board with the intent and purpose of this article,
may approve, approve with conditions, or disap- the Comprehensive Plan for Cape
prove the application only after consideration of Canaveral, and other applicable federal,
whether the following criteria are complied with: state or local laws.
(1) The plans and specifications of the pro- (d) Limitations on tabling.
posed project indicate that the setting,
landscaping, ground cover, proportions, (1) No application before the community ap-
croo materials,colors,texture,scale,unity,bal- pearance board for a particular develop-
Supp.No. 4 CD22:7
§22-42 CAPE CANAVERAL CODE
went, or part thereof, shall be tabled building permit is issued, theapproval shall be
more than once by request of the board. valid for a time period equal to the permit and
Further attempts by the board to table shall expire only if the building permit expires.
such application shall permit the appli- (Ord. No. 16-95, § 2, 12-19-95)
cant to by-pass the board and seek a
hearing before the city council at its next
regular meeting. In no way shall the ap- Sec. 22-44. Application criteria.
plicant be permitted to by-pass the board
if the board's reason for tabling the appli- Upon an application create by the building
cation was caused by the applicant's re- official, an applicant shall submit the following
quest,misconduct or failure to make ade- application criteria to the building official for
quate preparations for a hearing before consideration by the community appearance board:
the board.
(1) Level 1 review (small commercial/indus-
(2) Notwithstanding the foregoing,the appli- trial projects of 850 square feet or less or
cant is permitted to request (once as a residential units not exceeding three in
matter of right) that the board table a number):
particular application. Further attempts a. Vicinity map locating all zoning clas-
by the applicant to table such an applica- sifications, including orientation of
tion shall be deemed a withdrawal and the color photographs;
the applicant shall be prohibited from
submitting a substantially similar appli- b. For new development of unimproved
cation for 30 days from the date of with- property, a concept plan locating im-
drawal.An application resubmitted shall provements;
begin the application process anew,includ- c. Minimum three color photographs of
ing the filing of a new application and site and setting(surrounding area);
payment of all applicable permit fees. d. At least two elevations to scale; and
(Ord. No. 16-95, § 2, 12-19-95)
e. Presentation of the materials, tex-
Sec. 22-43. Notice of approval or denial. tore and colors.
(2) Level 2 review (commercial, four or more
(a) Promptly after the community appearance multifamily residential and industrial not
board has rendered a decision on a particular covered in level 1):
application,the board shall prepare and deliver to a. Vicinity map locating all zoning clas-
the applicant thereof a formal written notice sifications, including orientation of
which indicates its decision on the application all color photographs;
(approval, approval with conditions, denial). If
the application is approved with conditions, the b. For new development of unimproved
notice shall contain a statement which clearly property, a rendered concept plan
indicates the conditions. If the application is depicting, in detail, location of land-
denied,the notice shall contain a statement which scaping and all the elements on the
indicates the rationale for denial. site;
c. All preliminary elevations;
(b) Approvals by the board shall be valid for a d. Materials, texture and colors board
maximum of 12 months from the date the board
renders its approval at a public meeting. If the depicting location of colors; and
applicant fails to obtain a building permit within e. Minimum of three color photographs
the 12-month period, the board's approval shall of site and setting.
expire at the end of the period. However, once a (Ord. No. 16-95, § 2, 12-19-95)
Supp.No.4 CD22:8
COMMUNITY DEVELOPMENT §22-47
Lool
Sec. 22-45. Concept plans. approved specifications and design features shall
All concept plans submitted for consideration become a binding condition of,and made a part of,
under this article for the new development of the building permit(s) secured for the building or
structure associated therewith. The building per-
unimproved property shall indicate the following
sufficiently: mit shall be enforced in a manner similar to all
other building permits issued by the city.The city
(1) Dimensions and orientation of the parcel; shall have the right, power and ability to recover
(2) Location, height and use of buildings, all costs, expenses and reasonable attorney's fees
structures and encroachments both exist- ("costs") incurred as a result of enforcing he
ing and proposed; permit.All costs shall be a lien on the property to
which the building or structure is associated from
(3) Location and arrangement of manmade the date the costs become due until the costs are
and natural ground cover; paid.The owner of the property shall be obligated
(4) Proposed ingress and egress facilities; to pay the costs,which obligation may be enforced
by the city by action at law or suit to enforce the
(5) A conceptional preliminary landscaping lien in the same manner as the foreclosure of
plan; mortgages.
(6) Unusual grading or slopes, if any; (Ord. No. 16-95, § 2, 12-19-95)
(7) Location of walls and fences and the indi-
cation of their height and the materials of
their construction;
(8) Location and size and graphic content of
proposed exterior signs, outdoor advertis-
L ing or other constructed elements other
than habitable space, if any;
(9) Such other architectural and engineering
data as may be requested to clarify the
presentation.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-46. Appeals and review.
Any person(s) or the city aggrieved by a final
decision rendered by the community appearance
board may seek appropriate relief in a manner
provided by general law.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-47. Building permits; enforcement.
Unless otherwise provided by this article, no
building permit shall be issued until the commu-
nity appearance board has approved the proposed
building or structure's architectural specifica-
tions and design features,pursuant to this article.
Any final plans and specifications that differ
substantially, in the opinion of the building offi-
cial, from the approved application by the com-
munity appearance board shall be resubmitted
Liee, prior to the issuance of the building permit. All
Supp. No. 4 CD22:9
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ENVIRONMENT §34-98
L
(d) Exterior property areas of all premises other parts of the premises which are
shall be kept free of all nuisances, litter, rubbish, accessible to and used by persons on the
debris, objects, material or conditions which may premises.
create a health or fire hazard. Exterior property (5) Excessive accumulation of stormwater.
areas shall be free of unsanitary conditions which
constitute a blighting or deteriorating influence (6) Source of infestation.
on the neighborhood. Lawns, landscaping, drive- (7) Vacant property and improvements shall
ways and fences shall be maintained so as not to be kept free of refuse, debris, trash or
constitute a blighting or deteriorating effect in litter and vegetation cut periodically as
the neighborhood. needed.
(e) Exterior property of buildings under con- (b) The owner of every single-family or multiple-
struction shall be maintained during the period of family dwelling, commercial or industrial prop-
construction as free of debris, rubbish or litter as erty, his appointed agent and occupants, opera-
possible so as not to constitute a blighting effect tors, tenants or anyone otherwise using the
on the neighborhood. property in any form or manner shall provide:
(Code 1981, § 652.11) (1) Adequate placement of trash cans and
dumpsters in strict observance of applica-
Sec. 34-97. Duties and responsibilities for ble sections of this Code and guidelines
maintenance. for garbage and trash collection service.
(2) Screening of service yards and dumpster
(a) The owner of every single-family or multiple- areas by use of walls,fencing, planting or
family dwelling, commercial or industrial prop- a combination of these. Screening shall be
erty, his appointed agent and the occupant, oper-
ator,tenant or anyone otherwise using the property (3) Parking areas in good repair, free from
in any form or manner shall maintain the prem- erosion, properly marked and clear of
ises free of hazards which include but are not litter and debris.
limited to: (Code 1981, § 652.13)
(1) Brush,weeds,broken glass,stumps,roots, Cross references—Supplementary zoning district regu-
obnoxious growths,accumulations of filth, lations, § 110-466 et seq.;visibility requirements at intersec-
tions, § 110-469;requirements for fences,walls and hedges, §
garbage, trash, refuse, debris and inoper- 110-470.
ative machinery.
(2) Dead or dying trees and limbs or other Sec. 34-98. Building appearance and main-
natural growth which, because of rotting, tenance.
deterioration or storm damage,constitute
a hazard to persons in the vicinity thereof. The following criteria, unless specifically lim-
Trees shall be kept pruned and trimmed ited, shall apply to all improvements within the
to prevent such conditions. city:
(3) Holes, excavations, breaks, projections, (1) Reserved.
obstructions. All such holes and excava- (2) Materials shall have good architectural
tions shall be filled and repaired and character and shall be selected for suit-
walks and steps replaced and other con- ability to the type of buildings and the
ditions removed where necessary to elim- design in which they are used. Materials
inate hazards or unsanitary conditions shall be of durable quality and appropri-
with reasonable dispatch upon their dis- ate to the climatic conditions of Florida.
covery. (3) Mechanical equipment,including air con-
(4) Excretions of pets on paths, walks, drive- ditioners or other utility hardware,on the
(111100' ways, parking lots, parking areas and roof,ground or buildings shall be screened
Supp. No. 4 CD34:9
§34-98 CAPE CANAVERAL CODE
3
from public view when practicable with the adjacent lawns, landscaping, drive-
materials harmonious with the building ways and fences shall be maintained reg-
or they shall be located so as not to be ularly.
visible from any public ways. This equip- (9) Exterior lighting used to illuminate a
ment shall conform with normal noise building and its grounds for safety pur-
standards and shall not emit excessive poses shall be in an aesthetic manner.
noise.
(10) Reserved.
(4) Buildings and appurtenances, including (11) All permanently placed trailers or mobile
signs, should be cleaned, painted, re- homes shall be skirted with harmonious
paired and free of mildew as required to materials to prevent animal infestations
present a neat appearance. Deteriorated, and encroachment.
worn or damaged portions should be re- (Code 1981, § 652.15; Ord. No. 16-95, § 1, 12-19-
built or replaced. All surfaces shall be 95)
maintained free of broken glass, loose
shingles, crumbling stone or brick, exces- Sec. 34-99. Landscape appearance and main-
sive peeling paint or other conditions re- tenance.
flective of deterioration or inadequate
maintenance to the end that the property The community depends on trees and plant
itself may be preserved safe from fire material to enhance its beauty, moderate its cli-
hazards. mate and provide year-round greenery and color.
Landscaping criteria shall include but not be
(5) Exterior porches,landings,balconies,stairs limited to the following:
and fire escapes shall be provided with (1) All landscaped areas shall be maintained
banisters or railings properly designed to present a neat and orderly appearance.
and maintained to minimize the hazard of
falling, and such shall be kept structur- (2) All dead or deteriorated plant material
ally sound in good repair. shall be promptly replaced or removed.
(6) All roofs shall have a suitable covering (3) Where natural or existing topographic
free of holes,cracks,excessive wear,miss- patterns contribute to beauty and utility
ing shingles or tiles. of a development, they shall be preserved
and developed. Modification of topogra-
(7) On commercial or industrial property, all phy will be permitted where it contributes
storefronts and walls exposed to public to good appearance.
view shall be kept in good repair and shall
not constitute a safety hazard or nui- (4) Parking areas and trafficways shall be
sance.All windows exposed to public view encouraged to be enhanced with land-
shall be kept clean and free of marks or scaped parking spaces containing trees or
tree groupings. Shrubs shall be used only
foreign substances except when necessary
when they will not obscure vision and will
in the course of changing displays. No
storage of materials, stock or inventory not require excessive maintenance.
shall be permitted in display window ar- (5) All public landscaped areas shall be pro-
eas or other areas exposed to public view, tected from vehicular encroachment.
unless such areas are first screened from (Code 1981, § 652.17)
public view with suitable material. Cross references—Vegetation,ch. 102;requirements for
off-street parking, § 110-491 et seq.; requirements for land-
(8) Any commercial or industrial building va- scaping and vegetation in the zoning regulations,§110-566 et
cant for more than 15 days shall be main- seq.
tained in a suitable manner. All glass
surfaces visible to the public shall be kept
clean and screened from the inside, and
Nun)
Supp. No.4 CD34:10
FIRE PREVENTION AND PROTECTION §38-7
Lirol
e. Smoke evacuation central gas distribution systems for mobile home
systems 25.00 parks, as defined in section 110-1, in existence on
(3) The minimum annual fire inspection the effective date of the ordinance from which this
fee shall be $50.00 excluding fees section derives. In no event shall above-ground
specified in paragraphs(d)(1)and(2) storage of liquid petroleum, gasoline,kerosene or
above. diesel fuel exceed 250 gallons in any residential
area of the city.
(4) Individuals or entities sharing one (Ord. No. 22-94, § 1, 9-6-94)
office or business suite or bay shall
be charged a single set of inspection Sec. 38-5. Restriction on the use of bottled
fees.
gas; permit required.
(e) Any person who fails to obtain the neces-
sary permits or pay the required inspec- (a) Any person who utilizes bottled or tank gas
tion fee when due shall be liable to the as a fuel source for any structure within the city
city for an amount equal to the required shall be required to obtain a building permit prior
fee as a penalty, in addition to the pay- to the installation or replacement of any bottle,
ment of the fee. tank or other gas storage device. No building
(f) Any organization which qualifies for ex-
permit shall be issued and no hookup shall occur
emption from taxation pursuant to sec- unless the city fire inspector shall have certified
tion 501(c)(3) of the United States Inter- to the building official that the storage device and
nal Revenue Code of 1986, as amended, the hookup does not constitute a hazard to the
shall be exempt from the payment of the residents of the city. This subsection(a) shall not
permit fees imposed by this section.
apply to portable cooking devices.
Leof (Ord. No. 18-94, § 1, 6-7-94; Ord. No. 5-95, § 1, (b) This section shall apply only to new instal-
2-21-95) lations of bottled or tank gas and replacements of
existing gas bottles or tanks occurring on or after
Sec. 38-3. Fire inspectors designated as city October 1, 1994.
code inspectors. (Ord. No. 22-94, § 2, 9-6-94)
All city firefighters who are appointed by the Sec. 38-6. Doors to businesses or public halls.
city fire chief as fire inspectors shall be empow-
ered as code enforcement inspectors of the city for All doors to business premises or premises
the enforcement of fire safety codes in force within used as gathering places for the public, for any
the city.As code enforcement inspectors, such fire purpose, shall be installed in a manner that such
inspectors shall have all the powers and duties doors open to the outside of such premises.
set forth in F.S. ch. 162 to enforce the fire safety (Ord. No. 22-94, § 3, 9-6-94)
codes of the city.
(Ord. No. 21-94, § 1, 7-19-94) Sec. 38-7. Smoke detectors to have battery
backup.
Sec. 38-4. Restriction on storage and dis-
pensing of flammable materials (a) Each smoke detector installed in any struc-
and liquids. ture within the city which utilizes electric current
provided by electric wiring connected to the
Except as provided in this section, it shall be structure's main electrical system as a primary
unlawful for any person to store more than 15 energy source shall contain a battery-powered
gallons of gasoline,kerosene or diesel fuel, except alternative energy source.
such greater amounts as are normally stored in
the fuel tanks of motor vehicles in any residential (b) This section shall apply to smoke detectors
area of the city. The provisions of this section installed after September 1, 1994.
Lisie shall not apply to above-ground liquid petroleum, (Ord. No. 22-94, § 4, 9-6-94)
Supp. No. 4 CD38:5
§38-8 CAPE CANAVERAL CODE
Secs. 38-8-38-25. Reserved. Sec. 38-30. Standard Fire Prevention Code—
Adopted.
The Standard Fire Prevention Code, 1994 edi-
ARTICLE II. FIRE PREVENTION CODES* tion, published by the Southern Building Code
Congress International, Inc., is adopted by refer-
ence as though it were copied in this article in
Sec. 38-26. National Fire Prevention Code— tel,
Adopted. (Code 1981, §621.01; Ord.No. 14-92,§ 1,8-18-92;
Ord. No. 17-93, § 1(621.01), 6-15-93; Ord. No.
The Fire Prevention Code, 1991 edition, pub- 25-95, § 2, 9-19-95)
lished by the National Fire Protection Associa- Cross references—Building code,§82-31 et seq.;electri-
tion, is adopted by reference as though it were cal code, §82-116 et seq.
copied fully in this article. Sec. 38-31. Same—Administrative authority
(Code 1981, § 629.01) or official.
Cross reference—Building code,§82-31 et seq.
Whenever the term "administrative authority"
or "official" is used in the code adopted in section
Sec. 38-27. Same—Inspector. 38-30, it shall be construed to mean the fire chief
of the city or his or her authorized representative.
Whenever the term "authority having jurisdic- (Code 1981, §621.02;Ord.No.24-96, § 1, 12-3-96)
tion" or "official" is used in the code adopted in
section 38-26, it shall be construed to mean the Sec. 38-32. Lockboxes required.
fire inspector of the city or his authorized repre- (a) Lockboxes are required on structures that
sentative. are required to have fire department alarm sys-
(Code 1981, § 629.03) tems and on multi-family residences having en-
closed common areas to which the fire depart-
Sec. 38-28. Life Safety Code—Adopted. ment, in an emergency, may need to gain access.
The public safety keybox system shall contain
The Life Safety Code, 1994 edition, published keys for elevator return and door opening, eleva-
by the National Fire Protection Association, is tor rooms, fire alarm box room, electrical rooms
adopted by reference as though it were copied in and any other keys necessary for the fire depart-
this article in full. ment to gain access to common areas or through
(Code 1981, § 626.01; Ord. No. 12-94, § 1(626.01), common areas to individual units. The keybox
4-5-94; Ord. No. 25-95, § 1, 9-19-95) system shall not require keys of individual units.
Cross references—Unsafe building abatement code, § (b) The keybox system may be surface mounted
82-56 et seq.;housing code,§82-271 et seq. or flush mounted in an easily accessible location,
and the fire department shall maintain posses-
Sec. 38-29. Same—Fire inspector. sion of the only key. If locks are changed in any of
the rooms mentioned in subsection (a) of this
Whenever the term "authority having jurisdic- section, the fire department shall be notified
tion" or "official" is used in the code adopted in immediately. All keybox systems must be ap-
section 38-28, it shall be construed to mean the proved by the fire chief.
fire inspector of the city or its authorized repre- (Code 1981, § 621.03)
sentative as outlined in Florida Statutes. Sec. 38-33. Private entry gates.
(Code 4-5 94)1981, § 626.03; Ord. No. 12-94, § 2(626.03), Private entry gates shall be permitted within
the city as long as they meet the following:
*Cross reference—Code enforcement,§2-246 et seq.
State law references—Mandatory uniform fire safety (1) The gates do not interfere with the 20 feet
standards,F.S.§633.022;minimum fire safety standards,F.S. of unobstructed access which is required
§633.025. under the Fire Prevention Code.
Supp. No. 4 CD38:6
FIRE PREVENTION AND PROTECTION §38-55
(1111.1001
(2) The private entry gates shall be siren
activated for emergency vehicles.
(3) Private entry gates shall provide for ac-
cess by public vehicles during
nonemergency operations.
(40 Private entry gates shall provide for emer-
gency vehicle access during periods of
power outages without delay. Private en-
try gates shall open when power fails and
remain open until power is restored.
(Ord. No. 12-96, § 1, 8-6-96)
Sec. 38-34. Conformance.
All private gates erected within the city limits
shall conform to this chapter. Every private entry
gate lawfully permitted at the time of the adop-
tion of this chapter, which violates or does not
conform to this chapter, shall be removed, or
altered, or replaced, so as to conform with this
chapter within one year from the effective date of
Ordinance Number 12-96.
(Ord. No. 12-96, § 2, 8-6-96)
Lige. Secs. 38-35-38-55. Reserved.
L
Supp.No. 4 CD38:6.1
J
J
3
Lisof
Chapter 66
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Article I. In General
Sec. 66-1. Franchise agreements and right-of-way use agreements.
Secs. 66-2-66-25. Reserved.
Article II. Streets
Division 1. Generally
Sec. 66-26. Civil liability for damage.
Sec. 66-27. Speed bumps.
Secs. 66-28-66-35. Reserved.
Division 2. Abandonment
Sec. 66-36. Authority.
Sec. 66-37. Petition for action.
Sec. 66-38. Petition procedure.
Sec. 66-39. Ordinance required.
Secs. 66-40--66-60. Reserved.
Article III. Excavations
Lire Division 1. Generally
Sec. 66-61. Penalty.
Sec. 66-62. Liability of city.
Sec. 66-63. Inspections.
Sec. 66-64. Authority of city.
Sec. 66-65. Method of installation.
Sec. 66-66. Engineering details.
Sec. 66-67. Guarantee.
Sec. 66-68. Cleanup.
Sec. 66-69. City's right to restore surface.
Sec. 66-70. Emergencies.
Secs. 66-71-66-80. Reserved.
Division 2. Permit
Sec. 66-81. Required.
Sec. 66-82. Application.
Sec. 66-83. Fee.
Sec. 66-84. Cash deposits.
*Cross references—Possession of alcoholic beverages on streets, alleys, sidewalks and parking areas restricted, § 6-51;
possession or consumption of alcoholic beverages while in motor vehicles, § 6-66 et seq.; outdoor entertainment, § 10-46 et seq.;
regulations regarding sea turtles, § 14-51 et seq.;environment,ch. 34; litter, §34-26 et seq.;littering in public places prohibited,
§34-29;business merchants to keep sidewalks free of litter,§34-32;noise,§34-151 et seq.;library,ch.46;traffic and vehicles,ch.
74;truck routes established,§74-30;stormwater management,§90-116 et seq.;sidewalks required in the city,§110-475;dedicated
public lands, § 110-476.
Supp.No. 4 CD66:1
J
3
STREETS,SIDEWALKS AND OTHER PUBLIC PLACES §66-1
L
ARTICLE I. IN GENERAL franchise or right-of-way use agreement obtained
pursuant to the provisions of this section and
Sec. 66-1. Franchise agreements and right- subsequent amendments. No utility shall be
of-way use agreements. granted a permit to perform any activities in, on,
under, or above the public right-of-way without
(a) Definitions. The following terms contained first obtaining and maintaining a valid franchise
herein, unless otherwise indicated, shall be de-
fined as follows: or right-of-way use agreement. All permits to
work in, on, under or above the public right-of-
Activities. Shall include the installation or main- way will be restricted to those practices specifi-
tenance of any assets, structures or facilities in cally enumerated in the applicant's franchise or
the public right-of-way. right-of-way use agreement.
Applicant. The entity requesting the grant of a (1) In regards to any entity exempted from
franchise or right-of-way use agreement. municipal franchising authority by the
operation of state or federal law, such
Facility. Shall include, but shall not be limited entity must still comply with the building
to, all structures, equipment, and assets, towers permit requirements established by city
and structures, pipes and wires and appurte- ordinances and shall be eligible for per-
names thereof for transmission and distribution mits as required by that ordinance only if
of electrical energy, signals and other methods of it has obtained from the city a valid"right-
communication, for gas, steam and liquid fuels, of-way use agreement." The procedures
for water, sewer, reclaimed water, and other pri- for gaining a "right-of-way use agree-
vate and publicly owned and operated systems for ment" shall be those set out in this sec-
public service. tion, including any applicable fee.
(hoe Franchise. A contractual agreement, under the (2) The city council may,by resolution,autho-
authority of F.S. Ch. 337, between a utility and rize the city manager, or his designee, to
the city setting forth the terms and conditions execute a letter of agreement exempting
under which the city grants the utility authority entities operating in the city on the effec-
to install and maintain facilities in the public five date of this section from the franchise
right-of-way. or right-of-way use agreement require-
Grantee. An applicant that has been granted a ments of this section for a period not
franchise or right-of-way use agreement. greater than one year from the effective
date of this section.
Right-of-way use agreement.A contractual agree-
ment between a utility and the city setting forth (c) Filing of applications. Applications for a
the terms and conditions under which the city franchise or right-of-way use agreement will be
grants the utility authority to install and main- considered pursuant to the procedures set forth in
tain facilities in the public right-of-way. The ap- this article and amendments hereto. For good
plicant shall not be authorized to open cut any cause,the city council may elect,by resolution,to
roadways in the city unless the applicant can waive any requirement set forth herein unless
demonstrate to the building official that direc- otherwise required by applicable law.
tional bore installation is not possible. (1) An application may be filed at any time.
Utility. Entities owning or operating,or propos- (2) The city may request additional informa-
ing to own or operate, facilities that comprise a tion from an applicant for a franchise or
system or systems for public service. right-of-way use agreement at any time.
(b) Franchise or right-of-way use agreement (3) Applications shall be delivered to the city
required. It shall be unlawful to construct,install, clerk, and shall be accompanied by a
maintain or operate any facility in, on, above or $2,000.00 application fee. Notwithstand-
below the public right-of-way without a valid ing the foregoing, if the city incurs ex-
Supp.No. 4 CD66:3
§66-1 CAPE CANAVERAL CODE
including, but not limited to, needs and interests, taking into ac-
penses,
attorney's fees exceeding this sum, the count the cost of meeting such needs
applicant shall be responsible for such and interests.
fees. (2) If the city determines that an applicant's
proposal, including the proposed service
(d) Content of application.Any application made area, would serve the public interest, it
pursuant to this section shall contain all the may grant a franchise or right-of-way use
information required from time to time by the city agreement to the applicant, subject to
manager. terms and conditions as agreed upon be-
tween the applicant and the city.No fran-
(e) Consideration of applications. chise or right-of-way use agreement shall
(1) The city will consider each application for be deemed granted unless and until an
a new or renewed franchise or right-of- agreement has been fully executed by all
way use agreement where the application
parties. The franchise or right-of-way use
is found to be in substantial compliance agreement will constitute a contract,freely
with the requirements of this chapter. In entered into, between the city and the
right-of-
evaluating an application, the city will grantee. Any such franchise or way use agreement must be approved by
consider, among other things: ordinance of the city council in accordance
a. The applicant's past service record with applicable law.
in the city and in other communities; (f) Length of agreement. The period of a fran-
b. The nature of the proposed facilities chise or right-of-way use agreement shall be as
and services; specified in the specific agreement, but shall not
c. The proposed area of service; exceed 15 years. If a grantee seeks authority to
operate in the city beyond the term of its fran-
d. The proposed rates; and chise or right-of-way use agreement, it shall file
e. Whether the proposal would ade- an application or a new agreement not earlier
quately serve the public needs and than 36 nor later than 30 months prior to the
the overall interests of the city resi- expiration of its terms.
dents.
(g) Franchise fee.
In addition,where the application is for a (1) A grantee, in consideration of the privi-
renewed franchise or right-of-way use lege granted under a franchise for the use
agreement,the city shall consider whether: of public right-of-way and the privilege to
a. The applicant has substantially com- construct and/or operate in the city, shall
plied with the material terms of the pay to the city an amount set forth in the
existing franchise or right-of-way use franchise agreement, not to exceed the
agreement and with applicable law; maximum allowed by law, for each year
b. The quality of the applicant's ser- during the term of the franchise.
vice, response to consumer corn- (2) A grantee shall file, no later than May
plaints, and billing practices; 30th of each year, the grantee's financial
c. The applicant has the financial, le- statements for the preceding year. If the
gal and technical ability to provide city reasonably determines, after exami-
nation of the financial statements pro-
the services, facilities and equip- vided, that a material underpayment of
ment as set forth in the application;
and franchise fees may exist, the city may
require a grantee to submit a financial
d. The applicant's proposal is reason- statement audited by an independent pub-
able to meet the future community lic accountant. If the city's determination
3
Supp. No. 4 CD66:4
STREETS,SIDEWALKS AND OTHER PUBLIC PLACES § 66-36
of underpayment is ultimately correct, negligent or wrongful act. Costs to repair the
the grantee shall bear the cost of such damage may be recovered by suit, including rea-
audit. sonable attorneys' fees, in the collection of the
(3) The city shall have the right, upon rea- costs to repair the damage.
sonable notice, to inspect a grantee's in- (Code 1981, § 501.07)
come records, to audit any and all rele- Sec. 66-27. Speed bumps.
vant records, and to recompute any
amounts determined to be payable under The use of speed bumps on private or public
a franchise and this article. roadways or driveways within the city is hereby
expressly prohibited. Every speed bump lawfully
(4) In the event that any franchise payment permitted at the time of the adoption of this
is not received by the city on or before the chapter which violates or does not conform to this
applicable due date, interest shall be chapter shall be allowed to remain until such time
charged from such date at the statutory as they are, in the opinion of the fire chief or his
rate for judgments. designee, worn out or the pavement or surface of
(5) In the event a franchise is revoked or the public or private roadway is being repaved or
otherwise terminated prior to its expira- repaired. Speed humps shall be permitted within
tion date,a grantee shall file with the city, the private and public roadways of the city, pro-
within 90 days of the date of revocation or vided they meet the following requirements:
termination, a verified or, if available, an (1) They must be constructed to a minimum
audited financial statement showing the of 12 feet in width from front to back in
gross revenues received by the grantee direction of traffic, increasing in height
since the end of the previous year and provided that it shall not exceed three
shall make adjustments at that time for inches in height at its center.
L the franchise fees due up to the date of
revocation or termination. (2) Plans depicting the speed hump must be
submitted and preapproved by the fire
(6) Nothing in this section shall limit the department before installation.
city's authority to tax a grantee, or to
collect any fee or charge permitted by law, (3) A sign warning of the speed hump shall be
and no immunity from any such obliga- erected pursuant to the state department
tion shall attach to a grantee by virtue of of transportation requirements.
this section. In addition,citizens may petition the city coup-
(Ord. No. 4-97, § 1, 4-1-97) cil for the construction of a speed hump on a
public street if the applicant can demonstrate
Secs. 66-2-66-25. Reserved. that a definable hazard will be diminished by its
installation. No such request shall be considered
unless it is accompanied by a petition signed by at
ARTICLE II. STREETS* least 75 percent of the adjacent residents in the
affected block. Nothing herein shall abrogate the
right of the city from erecting a speed hump on
DIVISION 1. GENERALLY any city street should the city deem it necessary.
(Ord. No. 14-96, § 1, 8-20-96)
Sec. 66-26. Civil liability for damage.
Secs. 66-28-66-35. Reserved.
Any person is civilly liable to the city for the
actual damage to a street in the city because of his DIVISION 2. ABANDONMENT
*Cross references—Sweeping litter into gutters prohib- Sec. 66-36. Authority.
ited, § 34-31; traffic and vehicles, ch. 74; truck routes estab-
lished, § 74-30; stormwater management, § 90-116 et seq.; The city council,with respect to property under
(111111,9' visibility requirements at intersections, § 110-469. its control, may in its own discretion and of its
Supp. No. 4 CD66:5
§66-36 CAPE CANAVERAL CODE
own motion or upon the request of any agency of Sec. 66-39. Ordinance required. J
P
the state, county or of the federal government or
upon petition of any person is authorized and Before any such street shall be closed and
empowered to: vacated or before any right of interest or the city
or public in any land delineated on any recorded
(1) Vacate, abandon, discontinue and close map or plat as a street shall be renounced and
any existing public street, alleyway, road, disclaimed, the city council shall adopt an ordi-
highway or other place used for travel or nance. The ordinance shall be recorded in the
any portion thereof, other than a state, records of the county.
county or federal highway or road, and to (Code 1981, § 501.06)
renounce and disclaim any right of the
city and the public in and to any land in
connection therewith; Secs. 66-40-66-60. Reserved.
(2) Renounce and disclaim any right of the
city and the public in and to any land or ARTICLE III. EXCAVATIONS*
interest therein acquired by purchase,
gift, devise, dedication or prescription for
street, alleyway, road or highway pur- DIVISION 1. GENERALLY
poses,other than lands acquired for state,
county and federal highways; and
Sec. 66-61. Penalty.
(3) Renounce and disclaim any right of the
city and the public in and to land, other Any person violating this article shall, upon
than land constituting or acquired for a conviction, for each offense be punished as pro-
state, county or federal highway, delin- vided in section 1-15.
eated on any recorded map or plat as a (Code 1981, § 727.14)
street, alleyway, road or highway.
(Code 1981, § 501.05(A)) Sec. 66-62. Liability of city.
Sec. 66-37. Petition for action. This article shall not be construed as imposing
upon the city or any official or employee any
The request for abandonment of any street by liability or responsibility for damages to any per-
any agency of the state, county or of the United son injured by the performance of any excavation
States or of any person to the city council to take work for which an excavation permit is issued
action shall be in writing and shall be by petition under this article nor shall the city or any official
on a form provided by the city. or employee thereof be deemed to have assumed
(Code 1981, § 501.06) any such liability or responsibility because of
inspections authorized under this article, the is-
Sec. 66-38. Petition procedure. suance of any permit or the approval of any
excavation work.
(a) The petition for requests for abandonment (Code 1981, § 727.13)
of city streets shall be filed with the city clerk.
The petition is reviewed by the planning and
zoning board. The planning and zoning board Sec. 66-63. Inspections.
shall issue a recommendation. The city shall make such inspections as are
(b) The planning and zoning board's recommen- reasonably necessary in the enforcement of this
dation shall be presented to the city council for article.
review. The city council shall review the recom- (Code 1981, § 727.10)
mendation and approve or disapprove the pets- *Cross references—Utilities,ch.78;excavation and grad-
tion. ing code adopted,§82-296 et seq.;stormwater management,§
(Code 1981, § 501.07) 90-116 et seq.
Supp.No.4 CD66:6
STREETS,SIDEWALKS AND OTHER PUBLIC PLACES §66-81
Sec. 66-64. Authority of city. Sec. 66-68. Cleanup.
Under this article, the city shall have the As the excavation work progresses, all streets
and private properties shall be thoroughly cleaned
authority to: of all rubbish, excess earth,rock and other debris
(1) Require offstreet dirt storage; resulting from such work.All cleanup operations
(2) Prohibit street cuts during busy seasons; at the location of such excavation shall be accom-
plished at the expense of the permittee and shall
(3) Determine the size and length of the cut; be completed to the satisfaction of the city but
and shall be limited to the original condition of the
(4) Prohibit cuts on new pavement. street at the time of excavation.
(Code 1981, § 727.12) (Code 1981, § 727.07)
Sec. 66-69. City's right to restore surface.
Sec. 66-65. Method of installation. If the permittee fails to restore the surface of
the street to its original and proper condition
All installations under or across paved streets upon the expiration of the time fixed by such
or roads shall be made by boring and jacking, if permit or otherwise fails to complete the excava-
possible. Installation by open cut will be allowed tion work covered by such permit, the city, if it
by special permission of the city manager. Any deems it advisable, shall have the right to do all
person who receives an adverse decision of the work and things necessary to restore the street
city manager may appeal such decision to the city and to complete the excavation work.The permit-
council. All materials and workmanship shall tee shall be liable for the actual cost thereof and
conform to requirements established by the city, 25 percent of such cost, in addition, for general
Lire which will be available from the city manager or overhead and administrative expenses.
his designee. (Code 1981, § 727.08)
(Code 1981, § 727.03; Ord. No. 18-92, § 1(727.03),
10-6-92) Sec. 66-70. Emergencies.
If unusual traffic conditions or excavation of a
Sec. 66-66. Engineering details. major artery requires that the excavation work be
performed as emergency work,the city shall have
(a) An engineering detail for boring and jack- full power to order, at the time the permit is
ing under a typical section of pavement of any granted, that a crew of men and adequate facili-
street within the city is on file and made a part of ties be employed by the permittee 24 hours a day
this article by reference. to the end that such excavation work may be
completed as soon as possible. If emergency con-
(b) An engineering detail for the pavement ditions create an immediate hazard to life or
replacement of a typical section of any open cut of property, corrective procedures may be corn-
a city street is on file and made a part of this menced without the securing of a permit as re-
article by reference. quired by this article, provided such permit is
(Code 1981, § 727.11) secured at the earliest practicable time after
commencement of the work.
(Code 1981, § 727.09)
Sec. 66-67. Guarantee.
Secs. 66-71--66-80. Reserved.
Under this article, it shall be the duty of the
permittee to guarantee and maintain the site of DIVISION 2. PERMIT
the excavation work free from defects caused by
the excavation for one year after restoring it to its Sec. 66-81. Required.
original condition. It shall be unlawful for any person to dig up,
(Code 1981, § 727.04) break, excavate,tunnel,jet,bore and jack,under-
Supp. No. 4 CD66:7
§66-81 CAPE CANAVERAL CODE
mine or in any manner break up any street, forth in appendix B to this Code, and the person
highway, sidewalk or other public way or public so depositing shall not be required to make the
grounds or to make or cause to be made any special deposits provided in this section but shall,
excavation in or under the surface of any street however, be required to comply with all other
for any purpose or to place, deposit or leave upon applicable sections of this article. Any special or
any street any earth or other excavated material general deposit made under this section shall
obstructing or tending to interfere with the free serve as security for the repair and performance
use of the street, unless such person shall first of work necessary to put the street in as good
have obtained a permit from the city. condition as it was prior to the excavation, if the
(Code 1981, § 727.01) permittee fails to make the necessary repairs or
to complete the proper refilling of the opening and
Sec. 66-82. Application. the excavation work under the excavation permit.
The city may require plans and drawings to (b) Upon the permittee's completion of the
work covered by such permit in conformity with
accompany the application for an excavation per-
mit.No excavation permit shall be issued unless a this article, as determined by the city, except in
written application for the issuance of an excava- the case of a general deposit,the balance shall be
tion permit is submitted to the city. The written refunded by the city to the permittee upon the
application shall state the name and address of expiration of a 12-month period.However,the city
the applicant;the nature,location and purpose of may use any or all of such deposit to pay the cost
the excavation; the proposed date of commence- of any work the city performs to restore or main-
ment and date of completion of the excavation; tain the street if the permittee fails to perform
and other data as may reasonably be required by such work,in which event the amount refunded to
the city. the permittee shall be reduced by the amount
(Code 1981, § 727.02) thus expended by the city.
(Code 1981, § 727.06)
Sec. 66-83. Fee.
A permit fee as set forth in appendix B to this
Code shall be charged for the issuance of an
excavation permit, which fee shall be in addition
to all other fees for permits or charges relative to
any proposed construction work.
(Code 1981, § 727.05; Ord. No. 22-92, § 1(727.05),
12-1-92)
Sec. 66-84. Cash deposits.
(a) The application for an excavation permit to
perform excavation work under this article shall
be accompanied with a cash deposit, for deposit
with the city, in an amount set forth in appendix
B to this Code per square foot of surface of each
excavation to be made in streets which have been
paved and for each square foot of surface of each
such excavation to be made in streets which are
not paved. No deposit shall be less than the
minimum as set forth in appendix B to this Code.
Any person intending to make openings, cuts or
excavations in streets may make and maintain
with the city a general deposit in the amount set
Supp.No. 4 CD66:8
(11111000'
Chapter 78
UTILITIES*
Article I. In General
Secs. 78-1-78-25. Reserved.
Article II. 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.
Secs. 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. Termination 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.
Sec. 78-83. Excavations.
'Cross references-Environment,ch. 34;solid waste,ch.62;excavations, §66-61 et seq.;public service tax,§70-26 et seq.;
buildings and building regulations,ch. 82;concurrency management system,ch. 86;stormwater management, §90-116 et seq.
(Ititee,
Supp. No. 4 CD78:1
CAPE CANAVERAL CODE
Sec. 78-84. Connecting sources of surface runoff or groundwater.
J
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.
Secs. 78-181-78-190. 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.
Sec. 78-194. Unlawful connections or practices.
Sec. 78-195. Code enforcement board authority and violation liability.
Sec. 78-196. Public employees liability.
Supp. No. 4 CD78:2
UTILITIES
LII0e
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.
L
L
Supp. No. 4 CD78:2.1
J
J
UTILITIES §78-123
Lare
DIVISION 3. IMPACT FEES* an alternative means of collecting such assess-
ment, late charges and penalties, the city shall
Sec. 78-121. Established. have a lien on such lot or parcel of land for which
the sewer connection has been made, for which
There shall be paid an assessment to defray such lien shall be of equal dignity with the lien of
the cost and expense of collection, transmission, state and county and municipal taxes. Such lien
treatment and disposal of sewage and for neces- may be foreclosed by the city in the same manner
sary equipment, repairs, replacement and addi- provided by the laws of the state for the foreclo-
tions and for any new sewer plant expansion for sure of mortgages upon real estate.
the city. Such assessment shall be for the sewer (Code 1981, §535.02; Ord.No. 31-93, § 1,9-21-93;
system on all new construction and all structures Ord. No 23-96, § 3, 12-3-96)
initially connecting to the city sewer system. The
assessment schedule shall be as set forth in Sec. 78-123. Excessive quantity of wastewa-
appendix B to this Code. ter.
(Code 1981, § 535.01; Ord. No. 5-92, § 1, 5-5-92)
For those establishments which the city deter-
Sec. 78-122. Payment. mines generate more than 10,000 gallons per day
of wastewater into the system, the city shall
The assessments as set forth in this division calculate the impact fee based on the quantity of
shall be payable prior to the issuance of a sewer discharge actually introduced into the sewer col-
permit, except as provided in sections 78-123. lection system.At the city's option,a flow meter to
Except as provided in section 78-34, a building monitor the quantity of discharge shall be in-
permit shall not be issued unless a sewer permit stalled at the user's expense.The following method
has been first obtained.The amount of the assess- shall be used to determine the impact fee:
L ment shall be determined in accordance with the
rates established in section 78-121 in effect at the (1) An impact fee deposit of$12,700.00 shall
time a sewer permit is issued by the city.A sewer be paid by the user;
permit shall not be issued until a city sewer main (2) The total volume of effluent in gallons
line is placed within 150 feet of the applicant's shall be recorded for the initial period of
property. If the assessment should not be col- six consecutive months following installa-
lected prior to connection to the city sewer system tion of the aforesaid sewer line;
and the assessment is not paid by the 30th day
following that for which a billing has been ren- (3) The six months' total volume shall be
dered, then an amount equal to five percent of divided by the number of days in the
such assessment due shall be added thereto as a six-month period to compute a daily aver-
late charge.Upon failure of any user to pay for the age discharge through the sewer line;
assessment within 60 days from being billed, the (4) The daily average discharge in gallons
city shall shut off or cause to be shut off the shall be divided by 400 to establish the
connection of such user and shall not furnish him number of units to be assessed at the
or permit him to receive from the system further costs of$2,032.00 per unit(example:if the
service until all obligations owed by him to the average daily discharge is 800 gallons,
city on account of the services shall have been the sewer impact assessment shall be
paid in full. If such sewer service is shut off $4,064.00);
pursuant to this section, then before such service
shall be restored, the user thereof shall pay a (5) If the sewer impact assessment for the
first six months as calculated above ex-
reinstatement fee in the amount as set forth in ceeds the$12,700.00 initial deposit made,
appendix B to this Code in addition to any other the user shall pay the difference within 15
assessments and charges due. In addition, and as days after written notification to user of
*Cross references—Finance,§2-206 et seq.;impact fees, the required adjustment. However, if the
§2-231 et seq.;buildings and building regulations,ch. 82. assessment as calculated above does not
Lio.„
Supp.No. 4 CD78:21
§78-123 CAPE CANAVERAL CODE
exceed the initial deposit, the city agrees Sec. 78-127. Use of funds.
3
to reimburse the difference to the user no
later than 30 days after the first six- All funds generated by sewer connection im-
month monitoring period; pact fees shall be used for projects related to
sewer plant expansion and sewer plant collection
(6) For each succeeding six-month period the and transmission line expansion and shall not be
volume of effluent outflow shall be mea- used as operating revenue for the sewer plant.
sured. To the extent that average daily These funds shall be kept in accounts which are
effluent outflow in any subsequent six- segregated from the general sewer plant fund.
month period exceeds that of the initial (Code 1981, § 535.04)
six-month period, an additional impact
fee for the excess shall be levied as calcu- Sec. 78-128. Change of use.
lated and as provided for in subsections
(3) and (4) of this section. Any additional Any structure or use of structure which is
fee so calculated shall be paid to the city modified such that the sewer impact assessment
within 15 days of written notification to is greater than the amount for which the initial
user; impact fee was computed, the owner shall be
(7) For the initial six-month period only, if assessed additional impact fees in accordance
the average daily effluent outflow is less with section 78-121. For any change of use which
than initially projected, the city shall re- increases the original impact fee for which the
fund the unused portion of the impact fee building was constructed, the owner will be as-
as set forth above. For subsequent six- sessed additional impact fees in accordance with
month monitoring periods, there shall be section 78-121. For any change of similar use
no refunds of impact fees, regardless of which increases the number of units(per seat,per
effluent outflow volumes. worker,per square feet of floor space,etc.)within
(Code 1981, § 535.02(A); Ord. No. 31-93, § 1, the establishment, the owner will be assessed
9-21-93) impact fees only on the additional number of
units proposed to be constructed, in accordance
with section 78-121.
Sec. 78-124. Reserved. (Code 1981,§535.05;Ord.No.23-96, §5, 12-3-96)
Editor's note—Ordinance No.23-96,§1,adopted Decem-
ber 3, 1996, deleted § 78-124 in its entirety. Formerly, such Sec. 78-129. Cost of living increase.
section pertained to collection over certain time; promissory
note and derived from§535.02(B)of the 1981 Code;Ord.No. Any user of the services of the sewer system
31-93, § 1,9-21-93. shall pay a sewer impact fee as established in
section 78-121. The schedule of fees is subject to
Sec. 78-125. Full payment required prior to revision annually as may be necessary to keep the
issuance of certificate or li- cost commensurate with changes in the cost of
cense. living as reflected by the Consumer Price Index or
because of any regulatory or environmental fac-
No certificate of occupancy or city license shall tors which increase the costs of sewage collection,
be issued until the impact fee as set forth in this transmission and treatment.All revisions shall be
division has been paid in full. done by resolution and shall become effective as of
(Code 1981, §535.03; Ord. No.21-92,§ 1, 11-5-92; May 1 of each year.The basis of such rate increase
Ord. No. 23-96, § 4, 12-3-96) shall be the Consumer Price Index U.S. city
average, "all items" (82-84-100), published by the
Sec. 78-126. Reserved. Bureau of Labor Statistics of the United States
Editor's note—Ordinance No.23-96,§2,adopted Decem- Department of Labor. The index number for the
ber 3, 1996, deleted § 78-126 in its entirety. Formerly, such month of February 1991 shall be the base index
section pertained to issuance of certificate of occupancy upon number and the corresponding index number for
full payment and derived from§535.02(B)of the 1981 Code. the month of February in each succeeding year
Supp.No.4 CD78:22
UTILITIES §78-151
Lore
shall be the current index number. On May 1 of (4) A representative of the city will monitor
each year, the sewer impact fee shall be deter- until its completion the pumping of sew-
mined by dividing the current index number age into the sewer system by the request-
(CIN) by the base index number (BIN), in accor- ing person.
dance with the following formula, dropping all (5) The fee for this pumpage shall be as set
digits after '/ioo: forth in appendix B to this Code. This fee
New sewer im act fee char e (CIN)
= x the shall be in addition to any and all tests of
p g (BIN) the sewage material by the city employ-
current sewer impact fee.
(Code 1981, § 535.06) ees. The person shall be invoiced by the
city for this service.
Sec. 78-130. Port Canaveral customers. (6) There shall be no hazardous waste as
identified by state,federal and city guide-
Sewer impact fees for Port Canaveral custom-
lines at any time introduced into the city
ers are due and payable upon receipt of a state sewer system.
department of environmental protection permit (Ord. No. 11-91, § 1(535.08), 11-19-91)
application to construct wastewater transmission/
collection mains. No permit application will be Secs. 78-132-78-150. Reserved.
approved until all fees are paid in full. Any
change of use or change of similar use of a
structure shall be subject to the criteria outlined ARTICLE M. SERVICE RATES, DEPOSITS
in section 78-128. AND BILLING PROCEDURES*
(Code 1981, § 535.07)
Sec. 78-151. Deposit required.
L Sec. 78-131. Offsite sewage pumping.
(a) Every garbage or sewer customer of the
Offsite sewage pumping will be permitted ac- city shall be required to pay a sum which is set
cording to the following: forth in appendix B to this Code as a deposit for
(1) The person requesting the pumping shall sewer and garbage and trash collection services.
contact the public works department and (b) For new industrial customers whose monthly
formally request in writing permission to sewage charges are based upon water consump-
pump offsite sewage into the city's sewer tion at existing service location, the deposit fee
system. shall be equivalent to a three-month service pe-
(2) The city shall, by and through one of its riod for sewer and garbage, plus three months'
employees, review the application and if penalty charges. Monthly charges are to be com-
preliminarily approved shall physically puted upon the average monthly charge for the
accompany the person or his representa- previous six-month period. For a new industrial
tive making the application to the site customer at a new service location, a deposit fee
where the sewage is to be introduced into shall be equivalent to the sewage rate for the
the city sewer system. estimated water consumption based upon the
The city, at the expense of the applicant, state department of environmental protection tech-
(3) nical information memorandum, § 6.2.1., and the
will test the sewage material that is to be estimated garbage service multiplied by three,
pumped into the city sewer system for plus three months' penalty charges. This deposit
compliance with all applicable state de- fee may be recalculated after six months based
partment of environmental protection and upon actual sewage and garbage service charges.
Environmental Protection Agency require- In lieu of the cash deposit required for industrial
ments and shall reject the application if customers, the customer may post a surety bond
sewage does not meet the state, federal to the city in an amount equal to the deposit.
and local permit requirements for sewage
Lissi to be introduced in city sewer system. *Cross reference—City treasurer, §2-141 et seq.
Supp. No. 4 CD78:23
§78-151 CAPE CANAVERAL CODE
(c) The deposit shall be paid to the city by the Sec. 78-153. Payment of utility charges re-
new customer upon occupancy. quired.
(d) The deposit shall be returned to the depos- (a) Bills for the monthly utility charges and
itor upon satisfaction of all outstanding balances, fees shall be submitted and shall be payable
upon termination of the service. within 30 days from the billing date. If such
monthly bill shall be and remain unpaid on and
(e) Any deposit pursuant to this section shall after the 30-day grace period, water and sewer
be refunded to the customer upon the satisfactory service shall be subject to cutoff. If such monthly
completion of 24 months service without a thirty- bill is not paid in full by the 30th day following
day delinquency. that for which a billing has been rendered, an
(Code 1981,§§672.01,672.03;Ord.No.24-94, § 1, amount equal to ten percent of such bill due shall
7-19-94) be added as a late charge. Upon failure of any
user to pay within 60 days from being billed, the
city shall cut off or cause to be shut off the
Sec. 78-152. Monthly sewer rates. connection of such user and shall not furnish him
or permit him to receive from the system further
(a) Any user of the services of the sewer sys- service until all obligations owed by him to the
tem shall pay a monthly charge or rate as set city on account of the services shall have been
forth in appendix B to this Code. The schedule of paid in full. If such sewer service is shut off,
fees is subject to revision annually as may be before such service shall be restored the user
necessary to keep rates commensurate with the thereof shall pay a reinstatement fee in the amount
changes in the cost of providing service and is as set forth in appendix B to this Code,in addition
otherwise subject to revision due to any regula- to any other charges, late charges or penalties
tory or environmental factors which increase the due. The city shall also have a lien on any parcel
cost of sewage treatment. All revisions shall be or property affected by any unpaid balance of
done by resolution and shall become effective as of article II of this chapter. Such lien shall be supe-
May 1 of each year. The city council may utilize, rior and paramount to the interest on such parcel
as a basis of any annual rate increase, the Con- or property of any owner, lessee, tenant, mort-
sumer Price Index U.S. city average "all items" gagee or other person, except the lien of county
(1967=100), published by the Bureau of Labor taxes,and shall be on a parity with the lien of any
Statistics of the United States Department of such county taxes.If any such service shall not be
Labor.The index number for the month of Febru- paid as and when due and shall
ary, 1989,shall be the base index number and the
corresponding index number for the month of
February in each succeeding year shall be the
current index number. The sewer rate shall be
determined by dividing the current index number
(CIN) by the base index number (BIN), in accor-
dance with the following formula, dropping all
digits after Vioo:
New rate charge = (BIN)(BIN) x the current sewer
rate.
(b) It is the intent of this section that all
condominiums or other developments, particu-
larly developments with a mixture of housing
types,be charged a sewer rate in accordance with
the type of structure actually built.
(Code 1981, §671.03;Ord.No.35-94,§ 1,9-20-94)
Supp. No.4 CD78:24
ZONING § 110-49:
Litre
adequate provisions for ingress or egress in accor- (13) Hotels and motels. One space for eacl
dance with the following: sleeping unit plus one space for 12 sleep-
(1) Auditoriums, theatres, clubs, lodges, res- ing units for employee parking.
taurants and other places of assembly. (14) All other uses. To be determined by the
One space for each three seats or seating building official, who shall use the ratios
places or one space for every 100 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))
(2) Churches, temples or places of worship.
One space for each four seats or seating Sec. 110-492. Location of spaces.
places or one space for each 125 square
feet of floor area of the main assembly (a) Parking spaces for all residential uses shall
hall, whichever is greater. be located on the same property as the main
building, except that one-half the total number of
(3) Hospitals. Two spaces for each patient required spaces for multiple-family dwellings,
bed plus one space for each employee on townhouses and mobile homes maybe located in a
the largest work shift. common parking facility not more than 200 feet
(4) Libraries, museums. Offstreet parking distant from the nearest boundary of the site.
spaces equal in area to 50 percent of the
floor area open to the public. (b) Parking spaces for other uses shall be pro-
(5) Manufacturing and industrial uses. One pro-
vided on the same lot or not more than 500 feet
distant.
space for each employee on the largest
work shift. (c) Parking requirements for two or more uses
Los.' (6) Medical or dental clinics. Three spaces for of the same or different types may be satisfied by
each examination or treatment room plus the allocation of the required number of spaces for
one space for each employee. each use in a common parking facility.
(7) Mortuaries. One space for each five seats (d) Required offstreet parking areas for seven
or seating places,exclusive of areas needed or more automobiles shall have individual spaces
for ambulances. marked and shall be so designed,maintained and
(8) Nursing or convalescent homes and sani- regulated that no parking or maneuvering shall
tariums. One space for each four patient be on any landscaped buffer,public street,walk or
beds plus one space for each employee on alley and so that any automobile may be parked
the largest work shift. and unparked without moving another, allowing,
(9) Commercial,office and professional build- however,a driveway of not more than 24 feet total
ings, excluding medical and dental din-
on any street or alley for ingress or egress to the
ics. One space for each 300 square feet of offstreet parking area.
gross floor area. (Code 1981, § 641.01(B))
(10) Public buildings. One space for each five Sec. 110-493. Access.
seats or seating places or one space for
every 150 square feet of floor area in the (a) In order to promote the safety of the motor-
main assembly room,whichever is greater. ist and the pedestrian and to minimize traffic
(11) Residential uses, including single-family, congestion and conflict by reducing the magni-
two-family and multiple-family dwellings tude of and the points of contact, the following
and mobile homes. Two spaces for each shall apply:
living unit. (1) A point of access (a driveway or other
(12) Colleges, technical and vocational schools. opening for vehicles onto a public street)
One space for each student and faculty shall not exceed 24 feet in width, except
Le° member. as otherwise provided in this division.
Supp.No. 4 CD110:63
§ 110-493 CAPE CANAVERAL CODE
(2) The maximum number of points of access Secs. 110-494-110-505. Reserved.
3
permitted onto any one street shall be as
follows:
Lot Width Number of Points DIVISION 3. OFFSTREET LOADING
Abutting Street of Access
Less than 125 feet 1
Over 125 feet 2 Sec. 110-506. Requirements.
provided; however, that a residential lot
of less than 125 feet may have a circle
driveway with two points of access pro- (a) Every permitted use requiring the receipt
vided that it comply with the other terms or distribution by vehicles of materials or mer-
and conditions of this section. chandise and having a floor area of 10,000 square
(3) Joint use access between abutting proper- feet or more shall have at least one permanently
ties is encouraged and there may be per- maintained offstreet loading space for each 10,000
mitted a single joint use point of access up square feet or fraction thereof of gross floor area.
to 35 feet in width. Service stations shall
be permitted two openings not to exceed
35 feet each in width along any abutting (b) Single-occupancy retail operations, whole-
public street,provided that such property sale operations and industrial operations with a
abuts such street for a distance of not less gross floor area of less than 10,000 square feet
than 120 feet. shall provide sufficient receiving space on the
(4) There shall be a minimum distance of 30 property so as not to hinder the movement of
feet between any two openings onto the vehicles and pedestrians over a sidewalk, street
same street. or alley.
(5) No point of access shall be allowed within (Code 1981, § 641.03(A))
30 feet of the intersection of the right-of-
way lines of any public street.
Sec. 110-507. Location and dimensions of
(6) No curbs shall be cut or altered and no space.
point of access or opening for vehicles onto
a public street shall be established with-
out a permit issued by the building de- Each offstreet loading space shall have direct
partment. access to an alley or street and shall have the
(7) In lieu of any two openings permitted on following minimum dimensions:
any one street, there may be permitted a
single point of access up to 35 feet in (1) Length, 45 feet.
width when the property frontage is in
excess of 200 feet.
(b) Projects for which a site plan is required, (2) Width, 12 feet.
such as plaza developments, compound uses and
shopping centers, shall be considered on an indi- (3) Height, 14 feet.
vidual basis and may deviate from this section in (Code 1981, § 641.03(B))
the interest of traffic safety, upon recommenda-
tion by the planning and zoning board.
(c) One-family, two-family and three-family
dwelling units shall be exempt from this section.
(Code 1981,§641.01(C);Ord.No.3-96,§ 1,3-5-96; Secs. 110-508-110-520. Reserved.
Ord. No. 26-96, § 1, 1-14-97)
Supp.No. 4 CD110:64
ZONING § 110-52:
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.
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*Cross reference—Occupational license tax, § 70-66 et
seq.
Supp.No.4 CD110:64.1
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APPENDIX B--SCHEDULE OF FEES
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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
$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
Liee b. One to three residential units 75.00 22-42
Supp.No.4 CDB:5
CAPE CANAVERAL CODE
Code
J
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 occur-
rence 150.00 30-29
(b) False alarm, second or subsequent response within a six-
month period 150.00 30-31(c)
(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 condo-
miniums, per unit per month 5.72
(3) Individual commercial business accounts with trash
cans, per unit per month 10.56
Supp. No. 4 CDB:6
APPENDIX B—SCHEDULE OF FEES
L
Code
Description Amount Section
(4) Commercial dumpsters used by commercial businesses,
apartment complexes and condominiums,per container-
ized yard per month 26.28
(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 3.75
(6) Recycling service, per dwelling unit per month 2.07
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APPENDIX B—SCHEDULE OF FEES
LIle'
Code
Description Amount Section
c. Each condominium unit 2,337.81
d. Each mobile home space 2,337.81
(2) Commercial. The impact assessment fee shall be the
greater of $2,337.81 or the amount calculated for the
uses described below:
a. Barber and beauty shops, per chair 584.45
b. Bowling alleys, per lane 584.45
c. Churches, per seat 17.25
d. Dentist offices, per dentist 1,461.14
e. Doctor offices, per doctor 1,461.14
f. Food service operations:
1. Restaurant, per seat 292.23
2. 24-hour restaurant, per seat 438.35
3. Bar and cocktail lounge, per seat 174.87
Lire. 4. Drive-in restaurant, per car space 292.23
g. Hospitals, per bed 1,461.14
h. Hotels, motels, per room 876.61
i. Laundry facilities, per washing machine 2,337.81
j. Nursing, rest homes, per person 584.45
k. Office building, per worker 117.37
1. Schools, per student 146.12
m. Service stations, per water closet and per urinal1,461.14
n. Shopping centers without food or laundry,per square
foot of floor space 0.58
o. Stores without food service, per square foot of floor
space 0.58
p. Theaters, indoor, per seat 28.75
q. Travel trailer park without water and sewer hookup,
per space 438.35
r. Travel trailer park with water and sewer hookup,
per space 584.45
(3) Industrial:
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Supp.No.4 CDB:9
CAPE CANAVERAL CODE
Code
Description Amount Section
a. Impact fees for industrial or other commercial facil-
ities not listed above shall be based upon either the
use of the fixture unit count or the number of
workers in an office building, whichever is greater.
1. The fixture unit count shall be that defined in
the most recent plumbing fixture value table
published by the Standard Plumbing Code.The
table shall be reviewed annually. Each 18 fix-
ture units,or fraction thereof,equals one equiv-
alent single-family dwelling unit. Equivalent
and fractional equivalents shall be multiplied
by$2,337.81 to determine the applicable impact
fee.
2. The impact fee associated with the number of
workers in an office building shall be that listed
under the commercial facilities. The number of
workers shall be multiplied by$117.37 in order
to determine the applicable impact fee.
b. The minimum impact assessment fee for industrial
and other commercial facilities not listed above shall
be $2,337.81.
(4) Reinstatement fee after connection shutoff 75.00 78-122
(5) Off-site sewage pumping fee: 78-131
a. Per day 100.00
b. Plus, per gallon 0.05
Article III. Service Rates, Deposits and Billing Procedures
(a) Deposit for sewer and garbage and trash collection: 78-151
(1) Residential 65.00
(2) Industrial/commercial 200.00
(b) Monthly sewer rates by customer class: 78-152
(1) Equivalent residential unit is determined by meter size
for single-family units and public buildings. One multi-
family unit is equal to 0.75 ERU. ERU's for each meter
size are as follows:
3/4"water meter = 1.0 ERU
1"water meter = 2.5 ERU's
11/2"water meter = 5.0 ERU's
2"water meter = 8.0 ERU's
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Supp.No. 4 CDB:10
APPENDIX B--SCHEDULE OF FEES
Lowe
Code
Description Amount Section
(2) Residential:
A. Single-family: Detached residential dwelling unit,
other than a mobile home, designated for and occu-
pied by one family
Sewer customer charge per bill: 1.05
Sewer readiness to serve charge per ERU: 9.51
Sewer usage cost per 1,000 gallons of water consump-
tion: 3.12
(Charge per 1,000 gallons of water consumption is
capped at 4,000 gallons per month.)
B. Multi-family: Residential dwelling unit, designed
for and occupied by more than one family.
Sewer customer charge per bill: 1.05
Sewer readiness to serve charge per ERU: 9.51
Sewer usage cost per 1,000 gallons of water consump-
tion: 3.12
No sewer cap will be afforded to multi-family units
C. Public buildings: Any building held, used or con-
trolled exclusively for public purposes by any depart-
ment or branch of government, state, county or
municipal,without reference to the ownership of the
building or of the realty upon which it is situated.
Sewer customer charge per bill: 1.05
Sewer readiness to serve charge per ERU: 9.51
Sewer usage cost per 1,000 gallons of water consump-
tion: 3.12
No sewer cap will be afforded to multi-family units
(3) Commercial (Nonresidential)
A. Inside city limits 410% of
water bill
B. Outside city limits 512% of
water bill
(c) Sewer service reinstatement fee after service has been cut
off:
(1) Generally 60.00 78-153
(2) Removing plug on sewer line when owner has own water 78-154
supply 25.00
Supp.No.4 CDB:10.1
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APPENDIX B-SCHEDULE OF FEES
LCode
Description Amount Section
(d) Application for appeal of administrative decision 100.00 110-92
(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
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. No92-12, § 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,
Lore 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. 96-26, § 1, 5-21-96; Res. No. 96-32, § 1, 6-18-96;
Res. No. 96-62, § 1, 12-17-97)
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Supp. No. 4 CDB:15
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CODE COMPARATIVE TABLE
Lise
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
1-94 2- 1-94 1 74-58
1/4/116110, 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. ix
94-23 5- 3-94(Res.) 1 App.B, Ch. 78
18-94 6- 7-94 1 Added 38-2
19-94 6-21-94 1 Added 38-90, 38-91,
38-93
94-24 7-19-94(Res.) 1,2 App.B, Ch. 62
20-94 9-20-94 1 110-551(b),(c)
2 110-553
3 110-554(a)
21-94 7-19-94 1 Added 38-3
22-94 9- 6-94 1 Added 38-4
2 Added 38-5
3 Added 38-6
4 Added 38-7
23-94 7-19-94 1 Rpld 2-246-2-288
Added 2-256-2-259
24-94 7-19-94 1 Added 78-151(c), (d), (e)
25-94 7-28-94 1 Rpld 70-66-70-88
Added 70-66-70-89
(401000,
Supp.No. 4 CCT:13
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
28-94 7-19-94 1 110-567(a)(6)
2 34-122
3 102-36
4 102-39(d)(1)a.,b.
5 102-41(b)(1),(d)(1)
31-94 8- 2-94 1 58-56
35-94 9-20-94 1 78-152(a)
36-94 9-20-94 1 Added 16-60, 16-61,
16-63-16-68
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
2 Added 94-81(b)(3)
3 94-81(d)
95-17 6-20-95(Res.) 1 App.B,Ch.62(a)
95-19 6-29-95(Res.) 1 App.B,Ch.78,Art.
III
95-22 6-29-95(Res.) 1 App.B,Ch.2
95-23 6-29-95(Res.) 1 App.B,Ch.78,Art.II
13-95 9-19-95 1 Added 110-354(c)(13),(14)
14-95 8-15-95 1 Added 54-46-54-55
15-95 8-15-95 1 30-48
16-95 12-19-95 1 34-98
2 Added 22-36-22-47
17-95 8-15-95 1 Rpld 82-119--82-125
18-95 8-15-95 1 Dltd 82-31-82-34
Added 82-31,82-32
19-95 8-15-95 1 82-146
82-148
20-95 8-15-95 1 82-171
82-173
21-95 8-15-95 1 82-196, 82-197
22-95 8-15-95 1 82-246
23-95 8-15-95 1 82-271
24-95 9-19-95 1-11 App.A, §§ 1-11
25-95 9-19-95 1 38-28
2 38-30
26-95 11- 9-95 1 2-58
1-96 1-30-96 1 Added 110-352(7)
2-96 2-20-96 1 Rpld 10-99
10-114-10-117
2 Added 10-114
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Supp. No. 4 CCT:14
CODE COMPARATIVE TABLE
4111No?
Ordinance!
Resolution Section
Number Date Section this Code
10-119
10-121
3 10-100
10-122, 10-123
7 App.B, Ch. 10,Art.
N
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
2 110-312
3 Added 110-332(14)
4 Added 110-352(8)
18-96 9- 3-96 1 110-336(6)
(4620e. 2 110-356(6)
19-96 9- 3-96 1 Added 110-195(8)
20-96 9-17-96 1 110-171(a)(2)
23-96 12- 3-96 1 Dltd 78-124
2 Dltd 78-126
3 78-122
4 78-125
5 78-128
24-96 12- 3-96 1 38-31
26-96 1-14-96 1 Added 110-493(a)(7)
96-26(Res.No.) 5-21-96 1 App. B, Ch. 78,Art.
III(c)
96-32(Res.No.) 6-18-96 1 App.B, Ch. 22
96-62(Res.No.) 12-17-96 1 App.B, Ch.78,Art.
III(b)
4-97 4- 1-97 1 Added 66-1
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STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code,either in the text or notes following
the text,of references to the Florida Statutes.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 Char.Art.XVII, §§8,9
34.191 Ch.50 Char.Art.XX
ch.50 2-288 Char.Art.XXI, §2
50.041 2-288 Char.Art.XXII
50.051 2-288 Char.Art.XXIV,§ 1
chs. 97-106 Char.Art. III Char.Art.XXIV,§ 10
Char.Art.XXI 166.021(5) Char.Art.XIII,§3
Ch. 26 Char.Art.XIV,§§
26-1 1-3
97.041 Char.Art.XXI, §2 Char.Art.XVII, §7
98.041 Char.Art.XXI, §2 Char.Art.XVII,
Char.Art.XXI, §9 § 10
98.041 et seq. Char.Art.XXI, §2 166.041 1-11
100.361 Char.Art.XXI, §§ Char.Art.XXIV, §4
10, 11 166.046 App.A,Art. I
101.161 Char.Art.XXI, § 16 166.101 Ch. 2,Art.V
112.311 et seq. Char.Art.XXIV, § 13 166.101 et seq. Ch. 70
58-29 166.222 82-322
112.3135 Char.Art.XXIV, §8 166.231 Ch. 70,Art.II
112.3143 2-67 70-27
ch. 119 78-98 166.231(1)(b) 70-29
Ligie 119.011 2-116 166.232 Ch. 70,Art. II
119.021 2-116 166.241 Char.Art.XVII, § 1
161.041 82-85 Char.Art.XVII, §9
161.053 Ch. 14,Art. III 167.22 App.A,Art. III, §8
161.52 et seq. Ch.82,Art. IV ch. 170 Char.Art.XX
161.55(1)(d) 82-94 90-192
82-81 ch. 171 Char.Art.XXIII
161.142 Ch. 14,Art. III ch. 177 Ch. 98
161.161 Ch. 14,Art. III 98-1
161.163 Ch. 14,Art. III 110-423
ch. 162 Ch. 2,Art.VI 177.25 et seq. 110-222
2-256 ch. 192 et seq. Char.Art. IX, Char.
2-258 Art.X
94-5 Char.Art.XVIII,
102-37 Char.Art.XIX
162.05 2-257 Ch. 70
162.09(3) 78-60 ch. 194 102-36
163.3161 et seq. 58-35 ch. 200 Char.Art.XVII, §§
163.3161-163.3211 58-57 3-6
163.3174 58-56 203.012 70-26
163.3178 82-93 ch. 205 Ch. 70,Art. III
163.3220 86-2 70-83
ch. 166 Char.Art. I, §3 205.043(2), (3) 70-81
Char.Art. II 205.053 70-75
Char.Art. II, § 1 205.053(1) 70-74
Char.Art.XIII, §§ 1,2 70-76
Char.Art.XIII, §§4-6 205.053(2) 70-75
Char.Art.XV, §2 205.053(3) 70-75
Char.Art.XVI, § 1 215.85 2-206
Char.Art.XVII, § 1 ch. 218 Char.Art.XVIII
Char.Art.XVII,§§3-6 218.32 Char.Art.XVII, §9
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Supp.No. 4 SLT:1
CAPE CANAVERAL CODE
F.S. Section F.S. Section
J
Section this Code Section this Code
218.33 Char.Art.XVII,§ 1 562.45 6-27
232.03 10-139 565.02(4) 110-171
ch. 233 10-86 ch. 633 Ch. 38
ch. 252 Ch. 18 633.022 Ch. 38,Art.II
ch. 280 Char.Art.XVII, §8 633.025 Ch. 38,Art.II
ch. 286 Ch. 2,Art. II,Div.3 658.98 2-206
286.011 Char.Art.V, § 1 ch. 705 34-180
ch. 316 74-1 705.101 et seq. Ch.34,Art.VI
74-63 ch. 718 110-404
316.194 74-56 768.28 Char.Art.XXIV,
316.195 34-34 § 11,
316.293 Ch.34,Art.V Char.Art.XXIV,
316.650 Char.Art.XIII,§6 § 12
316.1936 Ch. 6,Art. III,Div.2 775.082 Ch. 50
316.1945 74-56 50-1
Ch. 318 74-63 775.083 Ch.50
320.823 82-81 50-1
82-88 790.15 50-1
Ch. 337 66-1 ch. 791 Ch. 38,Art. IV
370.12 Ch. 14,Art. III 791.01 38-81
380.04 86-2 ch. 794 80-1
ch. 381 10-163 ch. 796 10-86
ch. 386,pt.I 10-62 80-1
400.402 110-1 ch. 800 10-86
403.91 et seq. Ch. 106,Art.II 80-1
403.413 Ch.34,Art.II 806.01 10-86
403.415 Ch.34,Art.V 806.10 10-86
403.702 et seq. Ch.62 806.13(2)(c) 10-86
403.801 et seq. 106-29 806.111 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(3)(e) 70-85 870.041 et seq. Ch. 18
ch. 517 10-86 877.03 10-86
ch. 553 Ch.82 ch. 893 80-1
553.36(12) 82-81 893.13 10-86
110-1 ch. 901 Char.Art.XIII, §4
553.71 82-322 901.25 Char.Art.XIII,§5
553.71(7) 82-322 943.25(13) 50-3
553.77 82-322
553.79 82-322
553.79(7) 82-321
82-323
Ch. 82,Art.XIII
553.900 Ch. 82,Art.IX
ch. 561 6-52
chs. 561-568 110-171(a)(2)
ch. 561 et seq. Ch. 6
561.01 6-51
561.01(4)(a) 110-1
562.14 6-26,6-27
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Supp. No. 4 SLT:2
CODE INDEX
L1110f
Section Section
ALCOHOLIC BEVERAGES(Cont'd.) ANNEXATIONS(Coned.)
Motor vehicles Land development code regulations re zon-
Definitions 6-66 ing 110-26 et seq.
Exceptions 6-69 See:LAND DEVELOPMENT CODE
Open containers prohibited 6-68
Policy and intents 6-67 ANNUAL BUDGET. See: BUDGET
Open containers APPROPRIATIONS
Prohibited in motor vehicles 6-68 Certain ordinances not affected by Code.. 1-10(a)(6)
Parking areas
Possession and consumption 6-51 ARCHITECTURE
Parks and recreation areas Beautification board generally 2-181 et seq.
Possession and consumption 6-52 See: BEAUTIFICATION BOARD
Penalty 6-1 ASSOCIATIONS
Streets, alleys, sidewalks and parking ar- Persons;definitions and rules of construc-
eas,possession and consumption in . 6-51 tion extended and applied to 1-2
Vehicles for hire 80-87
ATOMIC ENERGY USES
ALLEYS.See:STREETS,SIDEWALKS AND Land development code regulations re zon-
OTHER PUBLIC WAYS ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
AMUSEMENTS AND AMUSEMENT PLACES
Adult entertainment 10-86 et seq. ATTORNEY.See: CITY ATTORNEY
See:ADULT ENTERTAINMENT AUDIO ALARMS. See:ALARM SYSTEMS
Amusement device code
Adopted 10-26 AUTOMATED TELEPHONE ALARM SYS-
Amendments 10-27 TEMS. See:ALARM SYSTEMS
Outdoor entertainment 10-46 et seq.
See: OUTDOOR ENTERTAINMENT AUTOMOBILES. See: MOTOR VEHICLES
AND TRAFFIC
L ANIMALS AND FOWL AWNINGS OR CANOPIES
Animal control officer 14-27 Signs
Beaches Land development code regulations.... 94-1 et seq.
Animals prohibited on 14-28 See:LAND DEVELOPMENT CODE
Bees and beehives prohibited 14-3
Bird sanctuary
Designation of 14-2 B
County animal control ordinance BEACHES
Adopted 14-26 Animals prohibited on beaches 14-28
Animal control officer 14-27 Coastal construction code 82-81 et seq.
Parks and beaches See: LAND DEVELOPMENT CODE
Animals prohibited on 14-28 Dune parking prohibited 74-59
Noises,enumeration of prohibited 34-153(5) Sea turtles generally 14-51 et seq.
Parks See:ANIMALS AND FOWL
Animals prohibited in 14-28 Street excavations 66-61 et seq.
Penalty 14-1 See: STREETS, SIDEWALKS AND
Sanctuary OTHER PUBLIC WAYS
Sanctuary,designation of 14-2 Wetlands protection 106-26 et seq.
Sea turtles See: LAND DEVELOPMENT CODE
Beach activities 14-58
Definitions 14-52 BEAUTIFICATION BOARD
Enforcement and penalty 14-53 Absence from meetings 2-183
Exemptions 14-54 Duties 2-184
Existing development 14-56 Established,membership,terms,qualifica-
New development 14-55 tions 2-181
Publicly owned lighting 14-57 Indebtedness 2-186
Purpose and scope 14-51 Meetings; bylaws; officers 2-182
Planning and zoning board
ANNEXATIONS Coordination with 2-185
Certain ordinances not affected by Code.. 1-10(a)(13) Property maintenance standards 34-91 et seq.
Franchise regulations in general. See: See: PROPERTY MAINTENANCE
FRANCHISES(Appendix A) STANDARDS
Supp.No.4 CDi:3
CAPE CANAVERAL CODE
Section Section
BEER.See:ALCOHOLIC BEVERAGES BOATS,DOCKS AND WATERWAYS(Cont'd.)
Vessel control and water safety
BEES AND BEEHIVES.See:ANIMALS AND Area of enforcement 54-48
FOWL Careful and prudent operation required 54-50
BIDS AND BIDDING Definitions 54-47
Bidders Designation of areas of regulated water
City bidders list 2-218(2) activities 54-52
Purchasing generally 2-216 et seq. Designating additional areas of regu-
See:PURCHASES AND PURCHASING lated water activities,procedure
BILLBOARD.See:SIGNS AND BILLBOARDS for 54-53
Enforcement
BIRDS. See:ANIMALS AND FOWL Area of enforcement 54-48
BLIGHT Means of enforcement 54-49
Property maintenance standards 34-91 et seq. Penalties 54-55
See: PROPERTY MAINTENANCE Exemptions 54-54
STANDARDS Means of enforcement 54-49
Penalties 54-55
BLOCKS Purpose and findings 54-46
Subdivisions Speed not to be greater than what is
Land development code regulations.... 98-1 et seq. reasonable under the conditions 54-51
See:LAND DEVELOPMENT CODE Water safety. See herein: Vessel Control
BOARD OF ADJUSTMENT and Water Safety
Land development code regulations re zon- Wetlands protection 106-26 et seq.
ing 110-26 et seq. See: LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Zoning regulations
Boats,vessels and boat trailers
BOARDS, COMMITTEES AND COMMIS-
Living aboard 110-552
SIONS Living or residing in boats, utility
Beautification board 2-181 et seq. trailers,recreational vehicles and
See: BEAUTIFICATION BOARD special purpose vehicles 110-553
Code enforcement board 2-256 et seq. Location of 110-551
See: CODE ENFORCEMENT BOARD
Parking and storage 110-554
Community appearance review board .... 22-36 et seq.
See:COMMUNITY APPEARANCE RE- BODIES OF WATER. See: BOATS, DOCKS
VIEW BOARD
Community development board 22-26 et seq. AND WATERWAYS
See: COMMUNITY DEVELOPMENT BODIES POLITIC AND CORPORATE
BOARD Persons; definitions and rules of construc-
Definitions and rules of construction 1-2 tion extended and applied to 1-2
Delegation of authority
Definitions and rules of construction... 1-2
Joint authority BONDS,SURETY OR PERFORMANCE
Certain ordinances not affected by Code 1-10(a)(2)
Definitions and rules of construction... 1-2 Franchise regulations generally.See:FRAN-
Library board 46-26 et seq.
See: LIBRARY CHISES(Appendix A)
Planning and zoning board 58-26 et seq. Outdoor entertainment permit
See:PLANNING AND ZONING BOARD Cash cleanup bond 10-64
Recreation board 54-26 et seq. Purchasing regulations 2-218(9)
See:PARKS AND RECREATION Signs
Land development code regulations94-1 et seq.
BOATS,DOCKS AND WATERWAYS See:LAND DEVELOPMENT CODE
Exhaust of motorboats Threshold buildings,special inspector bond 82-243
Noises,enumeration of prohibited 34-153(6)
Flood damage prevention 90-26 et seq. BOOKS
See:LAND DEVELOPMENT CODE Library 46-1 et seq.
Land development code regulations re zon- See: LIBRARY
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE BOTTLED GAS
Litter, throwing in river or other body of Public service tax 70-26 et seq.
water 34-36 See:TAXATION
Supp.No.4 CDi:4
CODE INDEX
Lile' Section Section
BOUNDARIES BUILDINGS(Cont'd.)
Corporate limits Gas code 82-171 et seq.
Definitions and rules of construction... 1-2 See: LAND DEVELOPMENT CODE
Franchise regulations in general. See: Housing code 82-271 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Land development code regulations re zon- Impact fees 2-231 et seq.
ing 110-26 et seq. See: IMPACT FEES
See:LAND DEVELOPMENT CODE Land development code regulations re zon-
ing 110-26 et seq.
BREVARD COUNTY. See: COUNTY See:LAND DEVELOPMENT CODE
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
BRUSH.See:WEEDS AND DEAD VEGETA- Fees schedule in general. See: FEES
TION (Appendix B)
Plan checking fee
BUDGET Fees schedule in general. See: FEES
City manager (Appendix B)
Powers and duties 2-101(4) Plumbing code 82-146 et seq.
City treasurer See:LAND DEVELOPMENT CODE
Duties 2-141(2) Public service tax 70-26 et seq.
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.
c111110eSee: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
BUILDINGS Street excavations 66-61 et seq.
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.
See: LAND DEVELOPMENT CODE Weeds and dead vegetation 34-121 et seq.
Commercial development board See: WEEDS AND DEAD VEGETA-
Generally 22-26 et seq. TION
See: COMMERCIAL DEVELOP- BULK CONTAINERS
MENT BOARD Solid waste 62-1 et seq.
Community appearance review board .... 22-36 et seq. See: SOLID WASTE
See:COMMUNITY APPEARANCE RE-
VIEW BOARD BULKHEADS
Concurrency management 86-1 et seq. Subdivisions
See:LAND DEVELOPMENT CODE Land development code regulations.... 98-1 et seq.
Construction noise 34-154 See:LAND DEVELOPMENT CODE
Electrical code 82-116 et seq.
See: LAND DEVELOPMENT CODE BURGLAR ALARMS.See:ALARM SYSTEMS
Excavation and grading code 82-296
Fees schedule in general. See: FEES (Ap- BURNING
pendix B) Solid waste 62-11(b)
Flood damage prevention 90-26 et seq.
See: LAND DEVELOPMENT CODE BURYINGBURIAL
Franchise regulations generally.See:FRAN- Solid waste 62-11(c)
Lie CHISES(Appendix A) Trash, rubble or other debris 34-41
Supp. No.4 CDi:5
CAPE CANAVERAL CODE
Section Section
BUSINESSES CITY(Cont'd.)
Occupational license tax 70-66 et seq. Definitions and rules of construction 1-2
See:TAXATION Flood damage prevention 90-26 et seq.
Solicitors, peddlers and itinerant vendors. 16-26 et seq. See: LAND DEVELOPMENT CODE
See: PEDDLERS, CANVASSERS AND Franchise regulations in general. See:
SOLICITORS FRANCHISES(Appendix A)
Solid waste 62-1 et seq. Library board
See: SOLID WASTE Liability of city limited 46-31
Litter
C Waiver of rights by property owner; re-
moval at city's costs 34-69
CABLE COMMUNICATIONS Solid waste
Franchise regulation generally.See:FRAN- Authority of city to collect 62-3
CHISES(Appendix A) Ownership by city 62-4
CALLINGS Street excavations
Occupational license tax 70-66 et seq. Authority of city 66-64
See: TAXATION City's right to restore surface 66-69
Liability of city 66-62
CANALS
Subdivisions CITY ATTORNEY
Land development code regulations.... 98-1 et seq. Council
See: LAND DEVELOPMENT CODE Attendance at meetings 2-127
Duties 2-126
CANVASSERS.See:PEDDLERS,CANVASS-
ERS AND SOLICITORS CITY CLERK
Duties 2-116
CAPE CANAVERAL. See: CITY
CAPITAL EXPANSION PLANS CITY COUNCIL
Impact fee 2-237 Adult entertainment
Powers 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
CAUSES Established for councilmembers other
Effect of repeal of ordinances 1-9(b) than mayor 2-41
Mayor,established for 2-42
CEMETERIES Definitions and rules of construction 1-2
Parks and recreation areas 54-1 et seq. Election 2-26
See: PARKS AND RECREATION Library board
CERTIFICATES OF OCCUPANCY Reports to 46-32
Mayor
Land development code regulations re zon- Compensation established for 2-42
ing 110-26 et seq. Meetings
See: LAND DEVELOPMENT CODE Adjournment 2-69
Sewer impact fee requirements 78425 Adoption of motion 2-67
CHARTER Call to order;quorum;roll call 2-64
Definitions and rules of construction 1-2 City attorney to attend 2-127
Consideration of matters before council 2-66
CITY General discussion 2-68
Abandoned property Minutes 2-65
Compliance with notice or order to re- Ordinances and resolutions
move; removal by city upon non- Preparation prior to meeting 2-59
compliance 34-184 Parliamentary procedure 2-61
Disposition of property removed by city 34-186 Preparation and notice of agenda 2-60
Notification of owner following removal Presiding officer 2-62
by city 34-185 Regular meetings 2-56
Redemption prior to sale by city 34-187 Sergeant at arms 2-63
Corporate limits Special meetings 2-57
Definitions and rules of construction... 1-2 Workshop meetings 2-58
Supp. No. 4 CDi:6
CODE INDEX
‘4111111010'
Section Section
CITY COUNCIL(Cont'd.) CODE OF ORDINANCES(Cont'd.)
Ordinances and resolutions Code does not affect prior offenses,rights,
Preparation prior to meeting 2-59 etc 1-8
Regular meetings 2-56 Definitions and rules of construction 1-2
Special meetings 2-57 Effect of repeal of ordinances 1-9
Uncontested elections 2-27 General penalty 1-15
Workshop meetings 2-58 History notes 1-4
How Code designated and cited 1-1
CITY ENGINEER Provisions considered as continuation of
Duties 2-151 existing ordinances 1-7
CITY MANAGER References and editor's notes 1-6
Civil emergencies Severability of parts of Code 1-14
Persons authorized to declare 18-2 Supplementation of Code 1-12
Deputy city manager 2-102 CODES
Powers and duties 2-101 City election code adopted 26-1
CITY TREASURER Technical codes.See that subject
Duties 2-141 COLOR DISCRIMINATION
Fees schedule in general. See: FEES (Ap- Human rights, discrimination prohibited . 40-28
pendix B) COMBUSTIBLES AND INFLAMMABLES
CIVIL EMERGENCIES Fireworks 38-81 et seq.
Definitions 18-2 See: FIREWORKS
Persons authorized to declare emergency 18-2
Powers when emergency exists 18-3 COMMITTEES AND COMMISSIONS. See:
BOARDS, COMMI'rIEES AND COM-
CLERK.See: CITY CLERK MISSIONS
CLUBS COMMUNICATION SERVICES
(111111100f Persons;definitions and rules of construc- Franchise regulations in general. See:
tion extended and applied to 1-2 FRANCHISES(Appendix A)
Outdoor entertainment permit require-
COASTAL CONSTRUCTION CODE ments 10-62(4)
Land development code regulations re zon- Public service tax
ing 110-26 et seq. Generally 70-26 et seq.
See: LAND DEVELOPMENT CODE See: TAXATION
CODE ENFORCEMENT COMMUNITY APPEARANCE REVIEW
Abandoned vehicles BOARD
Code enforcement board hearing proce- Board
dure 34-183 Established 22-37
Code enforcement board Membership 22-37
Created 2-256 Proceedings of the board 22-39
Membership 2-257 Qualifications of members 22-37
Powers and duties 2-258 Rules of conduct of board business 22-38
Responsibilities 2-258 Compliance with other code provisions ... 22-41
Violations and penalties Concept plans 22-45
Prosecution of violations with no crim- Permits
inal penalty 2-259 Appeals and review 22-46
Application criteria 22-44
CODE OF ORDINANCES* Approval prerequisite for permits 22-40
Altering Code 1-13 Building permits;enforcement 22-47
Amendments to Code 1-11 Notice of approval or denial 22-43
Catchlines of sections 1-3 Procedure 22-42
Certain ordinances not affected by Code.. 1-10 Statement of findings and purpose 22-36
Chapters or sections,references to 1-5
COMMUNITY DEVELOPMENT
*Note—The adoption, amendment, repeal, omissions, effec- Board
tive date,explanation of numbering system and other matters Advisory capacity 22-34
pertaining to the use,construction and interpretation of this Composition;qualifications 22-28
Code are contained in the adopting ordinance and preface Definitions 22-26
LIMPoe which are to be found in the preliminary pages of this volume. Established 22-27
Supp. No. 4 CDi:7
CAPE CANAVERAL CODE
Section Section
COMMUNITY DEVELOPMENT(Cont'd.) COUNTY
Indebtedness 22-35 Animal control ordinance 14-26 et seq.
Planning and zoning board 58-26 et seq. See:ANIMALS AND FOWL
See: PLANNING AND ZONING Definitions and rules of construction 1-2
BOARD Flood damage prevention 90-26 et seq.
Purpose and duties 22-33 See:LAND DEVELOPMENT CODE
Removal 22-31 Health department
Rules and procedures 22-32 Adult entertainment establishment per-
Term of office 22-29 mit investigation 10-140
Vacancies 22-30 COURTS
Community appearance review board 22-36 et seq. Costs for police education and training... 50-3
See:COMMUNITY APPEARANCE RE- Land development code regulations re zon-
VIEW BOARD
Land development code regulations re zon- ing 110-26
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE CREED DISCRIMINATION
Human rights, discrimination prohibited . 40-28
COMPETITIVE BIDS
Purchasing 2-216 et seq. CYCLONES
See:PURCHASES AND PURCHASING Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
CONCURRENCY MANAGEMENT SYSTEM
Fees schedule in general. See: FEES (Ap- D
pendix B)
Land development code regulations 86-1 et seq. DANCING AND DANCEHALLS
See: LAND DEVELOPMENT CODE Adult dancing establishments 10-177
Planning and zoning board 58-26 et seq. Straddle dancing 10-73
See:PLANNING AND ZONING BOARD Alcoholic beverage establishments
Sanitary sewer system 78-26 et seq. Nudity on premises 6-27
See: SEWERS AND SEWAGE DIS-
POSAL DEBRIS. See also:SOLID WASTE
Burial of debris 34-41
CONFLICTS OF INTEREST
Planning and zoning board 58-29 DEDICATIONS
Land development code regulations re zon-
CONNECTIONS ing 110-26 et seq.
Sewer connections 78-27 et seq. See: LAND DEVELOPMENT CODE
See: SEWERS AND SEWAGE DIS- Plats or subdivisions
POSAL Certain ordinances not affected by Code 1-10(a)(12)
CONTRACTORS DEEDS
Occupational license tax Certain ordinances not affected by Code.. 1-10(a)(2)
Special requirements for contractors 70-85 DELEGATION OF AUTHORITY
CONTRACTS AND AGREEMENTS Definitions and rules of construction 1-2
Certain ordinances not affected by Code.. 1-10(a) DENSITY
City attorney Land development code regulations re zon-
Duties 2-126(6) ing 110-26 et seq.
Code does not affect prior contracts estab- See: LAND DEVELOPMENT CODE
lishing or occurring 1-8
Franchise agreements 66-1 DEPARTMENTS AND OTHER AGENCIES
Franchise regulations in general. See: OF CITY
FRANCHISES(Appendix A) City manager
Purchasing 2-216 et seq. Powers and duties 2-101(6)
See:PURCHASES AND PURCHASING Definitions and rules of construction 1-2
Right-of-way use agreements 66-1 Delegation of authority
Definitions and rules of construction... 1-2
CORPORATE LIMITS Fire department 38-56 et seq.
Definitions and rules of construction 1-2 See:FIRE PREVENTION
Joint authority
COUNCIL. See: CITY COUNCIL Definitions and rules of construction... 1-2
......)
Supp.No. 4 CDi:8
CODE INDEX
iiiitmie
Section Section
DEPARTMENTS AND OTHER AGENCIES ELECTIONS
OF CITY(Cont'd.) Certain ordinances not affected by Code.. 1-10(a)(16)
Local planning agency 58-56 et seq. Penalties for violations 26-2
See:PLANNING AND DEVELOPMENT Qualifying period
Police department 42-26 Generally 26-3
DEVELOPMENT DISTRICTS Write-in candidates 26-4
Land development code regulations re zon- State election code adopted 26-1
ing 110-26 et seq. ELECTRICITY
See: LAND DEVELOPMENT CODE Electrical code 82-116 et seq.
See: LAND DEVELOPMENT CODE
DEVELOPMENT.See:PLANNING AND DE- Fees schedule in general. See: FEES (Ap-
VELOPMENT pendix B)
DISCHARGES Franchise regulations in general. See:
Sewers 78-96 et seq. FRANCHISES(Appendix A)
See: SEWERS AND SEWAGE DIS- Public service tax 70-26 et seq.
POSAL See:TAXATION
Signs
DISCRIMINATION Land development code regulations 94-1 et seq.
Human rights See:LAND DEVELOPMENT CODE
Discrimination prohibited 40-28
EMERGENCIES
DISTRICTS Civil emergencies 18-1 et seq.
Land development code regulations re zon- See: CIVIL EMERGENCIES
ing 110-26 et seq. Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
DRAINS AND DRAINAGE Franchise regulations in general. See:
FRANCHISES(Appendix A)
Concurrency management 86-1 et seq.
Purchase 2-221
See:LAND DEVELOPMENT CODE
Lie, Flood damage prevention 90-26 et seq. Sanitary sewer system
See: LAND DEVELOPMENT CODE Termination of service and emergency . 78-58
Services
Outdoor entertainment permit require- Alarm systems 30-26 et seq.
ments 10-62(1) See:ALARM SYSTEMS
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS- Fees schedule in general. See: FEES
POSAL (Appendix B)
excavations 66-61 et seq.
Outdoor entertainment permit require-
Street
See: STREETS, SIDEWALKS AND menu 10-62(4)
OTHER PUBLIC WAYS Street excavations 66-70
Subdivisions EMPLOYEES. See: OFFICERS AND EM-
Land development code regulations.... 98-1 et seq. PLOYEES
See: LAND DEVELOPMENT CODE
ENCROACHMENT
DRUNKS AND DRUNKENNESS Property maintenance standards 34-91 et seq.
Alcoholic beverages 6-1 et seq. See: PROPERTY MAINTENANCE
See:ALCOHOLIC BEVERAGES STANDARDS
DUNES ENGINEER. See: CITY ENGINEER
Parking prohibited 74-59
Wetlands protection 106-26 et seq. ENGINEERS AND ENGINEERING
See:LAND DEVELOPMENT CODE Street excavations
Engineering details 66-66
E ENGINES
EARTHQUAKES Discharge into open air of exhaust
Noises,enumeration of prohibited 34-153(6)
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES ENTERTAINMENT. See: AMUSEMENTS
EASEMENTS AND AMUSEMENT PLACES
Subdivisions ENVIRONMENT
Land development code regulations 98-1 et seq. Abandoned property 34-176 et seq.
(111110e See: LAND DEVELOPMENT CODE See:ABANDONED PROPERTY
Supp.No.4 CDi:9
CAPE CANAVERAL CODE
Section Section
ENVIRONMENT(Cont'd.) FALSE STATEMENTS
Land development code regulations re zon- Occupational license tax application 70-73
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE FEDERAL GOVERNMENT
Lights 34-206 et seq. Adult entertainment
See:LIGHTS AND LIGHTING Compliance with federal requirements. 10-163
Litter 34-26 et seq. Federal utilities commission
See: LITTER Franchise regulations in general. See:
Noise 34-151 et seq. FRANCHISES(Appendix A)
See:NOISE Franchise regulations in general. See:
Planning and zoning board 58-26 et seq. FRANCHISES(Appendix A)
See:PLANNING AND ZONING BOARD Interpret law
Property maintenance standards 34-91 et seq. City attorney
See: PROPERTY MAINTENANCE Duties 2-126(3)
STANDARDS Vehicles for hire
Sanitary sewer system 78-26 et seq. Application of provisions to vehicle, op-
See: SEWERS AND SEWAGE DIS- erator regulator by federal govern-
POSAL ment 80-2
Street excavations 66-61 et seq. FEES
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS Adult entertainment
Tree protection, land clearing 102-36 et seq. Fees for license of establishment 10-121
See: LAND DEVELOPMENT CODE Alarm systems
Weeds and dead vegetation 34-121 et seq. Fees charged 30-31
See: WEEDS AND DEAD VEGETA- Permit fees 30-48
TION Certain ordinances not affected by Code 1-10(a)(7)
Wetlands protection 106-26 et seq. Franchise regulations in general. See:
See:LAND DEVELOPMENT CODE FRANCHISES(Appendix A)
Impact fees 2-231 et seq.
EXCAVATIONS See: IMPACT FEES
Building sewers 78-83 Outdoor entertainment permit 10-63
Excavation and grading code Sewer fees where owner has private water
Administrative authority or official.... 82-297 supply 78-154
Adopted 82-296 Solid waste
Fees schedule in general. See: FEES (Ap- Schedule of fees 62-5
pendix B) Street excavations permit fee 66-83
Sanitary sewer system 78-26 et seq. Vehicles for hire
See: SEWERS AND SEWAGE DIS- Driver's permit fee 80-55
POSAL Fees to be in addition to other taxes and
Street excavations 66-61 et seq. charges 80-3
See: STREETS, SIDEWALKS AND FENCES, WALLS, HEDGES AND ENCLO-
OTHER PUBLIC WAYS SURES
EXHAUST Land development code regulations re zon-
Discharge into open air ing 110-26 et seq.
Noises,enumeration of prohibited 34-153(6) See: LAND DEVELOPMENT CODE
Signs
EXHIBITIONS Land development code regulations.... 94-1 et seq.
Adult entertainment 10-46 et seq. See:LAND DEVELOPMENT CODE
See:ADULT ENTERTAINMENT FINANCES
EXPLOSIONS/EXPLOSIVES Building sewers
Civil emergencies 18-1 et seq. Cost of installation 78-78
See: CIVIL EMERGENCIES Certain ordinances not affected by Code 1-10(a)(2)
Fireworks 38-81 et seq. City treasurer
See: FIREWORKS Duties 2-141(1)
Commercial development board 22-26 et seq.
See: COMMERCIAL DEVELOPMENT
F BOARD
Court costs for police education and train-
FALSE ALARMS. See:ALARM SYSTEMS ing 50-3
Supp.No. 4 CDi:10
CODE INDEX
LOoe'
Section Section
FINANCES(Cont'd.) FIRE PREVENTION(Cont'd.)
Franchise regulations in general. See: Fire lanes,designation of 74-62
FRANCHISES(Appendix A) Fire prevention codes
Impact fees 2-231 et seq. Life Safety Code
See:IMPACT FEES Adopted 38-28
Library board expenditures 46-27 Fire inspector 38-29
Litter Lockboxes required 38-32
Waiver of rights by property owner; re- National Fire Prevention Code
moval of city's costs 34-69 Adopted 38-26
Outdoor entertainment permit require- Inspector 38-27
ments 10-62(5) Standard Fire Prevention Code
Public service tax 70-26 et seq.
See:TAXATION Administrative authority or official.. 38-31
Purchasing 2-216 et seq. Adopted 38-30
See:PURCHASES AND PURCHASING Fireworks generally 38-81 et seq.
Quarterly report of income and expendi- See: FIREWORKS
tures 2-206 Flammable materials and liquids
Sewer impact fees Storage and dispensing restrictions.... 38-4
Payment 78-122 Hazardous materials and substances
Use of funds 78-127 Abatement 38-91
Cleanup 38-91
FINES,FORFEITURES AND OTHER PEN- Cost recovery 38-93
ALTIES Definitions 38-90
Certain ordinances not affected by Code.. 1-10(a)(1) Violations and penalties 38-93
Code does not affect prior penalties or Impact fees generally 2-231 et seq.
forfeitures incurred 1-8 See: IMPACT FEES
Effect of repeal of ordinances on penalties Inspector
incurred 1-9(b)
Franchise regulations in general. See: National Fire Prevention Code 38-27
(0111111100" FRANCHISES(Appendix A)
General penalty Life Safety Code.See herein: Fire Preven-
1-15 tion Codes
Penalties for specific acts,omissions,viola- Lockboxes
tions,etc.See specific subjects as in- Fire prevention code requirements 38-32
dexed Required 38-32
National Fire Prevention Code.See herein:
FIRE AND RESCUE IMPACT FEES Fire Prevention Codes
Fees schedule in general. See: FEES (Ap- Outdoor entertainment permit require-
pendix B) ments 10-62(4)
FIRE DEPARTMENT. See: FIRE PREVEN- Private entry gates 38-33
TION Safety fees 38-2
Smoke detectors to have battery backup 38-7
FIRE LANES Standard Fire Prevention Code.See herein:
Designation of 74-62 Fire Prevention Codes
FIRE PREVENTION Violations and penalties 38-1
Alarm systems generally 30-26 et seq. Volunteer fire department 38-57
See:ALARM SYSTEMS FIREWORKS
Bottled gas Application for permit;fees 38-83
Use restrictions;permit required 38-5
Conformance 38-34 Attending firefighters 38-88
Doors to businesses or public halls 38-6 Definitions 38-81
Fire chief Insurance 38-86
Duties 38-58 Investigation of applicant; issuance or de-
Generally 38-56 nial of permit 38-84
Fire department Operators 38-85
Compensation 38-56 Public displays authorized 38-82
Composition 38-56 Storage of materials 38-87
Volunteer fire department 38-57
Fire inspectors FIRMS
Designated as city code inspectors 38-3 Persons; definitions and rules of construc-
Life Safety Code re 38-29 tion extended and applied to 1-2
Supp.No. 4 CDi:11
CAPE CANAVERAL CODE
Section Section
FLOOD DAMAGE PREVENTION FRANCHISES(APPENDIX A)(Cont'd.) ,...i.)
Civil emergencies 18-1 et seq. Use of system by council I-8(b)
See: CIVIL EMERGENCIES Definitions I-2
Fees schedule in general. See: FEES (Ap- Extension of city limits I-16
pendix B) Grant and terms I-3
Generally 90-26 et seq. Interruptions I-12
See: LAND DEVELOPMENT CODE Method of publication I-23
Land development code regulations re zon- Notice of interruption for repairs I-6
ing 110-26 et seq. Prohibitions
See:LAND DEVELOPMENT CODE Advertising I-21(a)
Wetlands protection 106-26 et seq. Regulated public utilities I-21(b)
See: LAND DEVELOPMENT CODE Proposed channel system I-19
FLOODLIGHTS Protective and indemnity provisions I-9
Outdoor entertainment permit require- Separability I-18
ments 10-62(1) Service availability I-13
Spill-over lighting requirements 34-206 et seq. Service standards I-5
See: LIGHTS AND LIGHTING Short title I-1
Electric
FLORIDA RAILROAD AND PUBLIC UTILI- Acceptance by grantee II-2
TIES COMMISSION Amount of payments by grantee to
Franchise regulations in general. See: grantor II-6
FRANCHISES(Appendix A) Competition by grantor II-8
Effective date II-12
FLORIDA.See:STATE Forfeiture II-9
FORFEITURE.See:FINES,FORFEITURES Grant II-1
AND OTHER PENALTIES Liability 11-4
Location of facilities II-3
FOWL.See:ANIMALS AND FOWL Monthly payments II-7
Rates, rules and regulations II-5
FRANCHISES(APPENDIX A) Repeal of conflicting ordinances II-11
(Note—Citations herein refer to articles Validity II-10
and sections contained within Appen- Gas
dix A Franchises) Approval of transfer III-23
Cable communications Commencement of construction III-10
Acceptance I-14 Compensation to city III-13
Assignment of franchise I-20 Consideration III-4
Breach clause I-22 Construction, manner of III-7
Charges and services I-10 Customers outside city, no liability for
Compensation to the city I-11 payment of revenue from III-22
Compliance with applicable laws and Definitions III-1
ordinances I-4 Deposit of guarantee with city III-21
Conditions on street occupancy Emergency III-17
Approval procedure I-7(a) Extension of mains III-9
Determination of right to use streets I-7(j) Federal utilities commission, rules of
Placement of fixtures I-7(f) prevail III-24
Relocation I-7(e) Florida Railroad and Public Utilities
Requirements I-7(b) Commission,authority of and rates
Restoration I-7(d) for first three years III-3
Safety precautions I-7(i) Forfeiture,causes for III-14
Temporary removal of wire for build- Franchise,grant of III-2
ing moving I-7(g) Gas meters, maintenance and inspec-
Tree trimming I-7(h) tion of III-18
Use I-7(c) Liability insurance III-12
Conflicting ordinances I-15 Maps showing location of mains
Council Filing with city III-15
Procedure after termination I-8(d) Pipelines
Right of acquisition by the city I-8(e) Manner of laying III-6
Rights in franchise I-8 Plans and specifications
Rules I-8(a) Filing with city III-5
Supervision and inspection I-8(c) Records,access of city to III-20
V
Supp.No. 4 CDi:12
CODE INDEX
Lor, Section Section
FRANCHISES(APPENDIX A)(Cont'd.) GIFTS
Regulations for work under franchise.. III-16 Purchasing procedure 2-226(b)
Right of city to purchase III-8
Rules of company for conduct of busi- GLASS CONTAINERS
ness III-19 Park and recreation prohibitions 54-1
Schedule of rates GRADES AND GRADING
Filing with city III-11 Concurrency management 86-1 et seq.
Streets,regulation of by city III-25 See: LAND DEVELOPMENT CODE
Taxes,right of city to levy and collect III-26 Excavation and grading code 82-296,82-297
Telephone Flood damage prevention 90-26 et seq.
Company liability:indemnification W-4 See:LAND DEVELOPMENT CODE
Compliance with applicable law and or- Street excavations 66-61 et seq.
dinances IV-3 See: STREETS, SIDEWALKS AND
Conditions on street occupancy W-5 OTHER PUBLIC WAYS
Definitions IV-1 Street grades
Fees paid by company 1V-7 Certain ordinances not affected by Code 1-10(a)(10)
Grant of permission 1V2 Tree protection,land clearing 102-36 et seq.
Limitations on obligations of city IV-10 See: LAND DEVELOPMENT CODE
Severability IV-11
Street occupancy,conditions on IV-5 GUTTERS
Terms of rights granted 1V-9 Litter,sweeping into gutters prohibited... 34-31
Transfer of rights granted herein IV-6
H
FRANCHISES(Generally)
Certain ordinances not affected by Code 1-10(a)(4) HANDBILLS
Franchise regulations in general. See: Litter regulations 34-51 et seq.
FRANCHISES(Appendix A) See: LITTER
Streets,sidewalks and other public ways
Franchise agreements 66-1
FRAUD
Solicitors, peddlers and itinerant mer-
chants 16-30
F.S.(Florida Statutes)
Definitions and rules of construction 1-2
FUEL OIL
Public service tax 70-26 et seq.
See:TAXATION
G
GARAGE SALES
Land development code regulations re zon-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
GARBAGE AND TRASH.See:SOLID WASTE
GAS
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Gas code
Administrative authority or official 82-172
Adopted 82-271
Amendments 82-173
Public service tax 70-26 et seq.
See:TAXATION
L1111100e GENDER
Definitions and rules of construction 1-2
Supp.No. 4 CDi:12.1
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CODE INDEX
iiiiitiage,
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Preservation of trees 110-445 R-2 Medium Density Residential Dis-
Underground utilities 110-443 trict 110-294
Permitted uses 110-403 R-3 Medium Density Residential Dis-
Physical review 110-405 trict 110-314
Purpose and intent 110-402 Storing
Termination zone 110-408 Certain vehicles 110-554
Rezoning. See within this subheading: Streets
Amendments Requirements for structures 110-255
Schedule of fees,charges and expenses. 110-92 Structures.See within subheading:Build-
Screening ings
C-1 Low Density Commercial District 110-338 Swimming pools
Commercial and industrial districts. 110-566 Accessories 110-583
M-1 Light Industrial and Research Construction and location 110-581
and Development District 110-358 Enclosure 110-582
Setbacks Minimum setbacks 110-584
Building setback lines 110-536 Temporary uses
C-1 Low Density Commercial Dis- Nonconformities 110-197
trict,minimum setbacks 110-337 Termination zone
District 110-251 Residential planned unit develop-
Duplicate use of 110-252 ments 110-408
Encroachments 110-538 Townhouses
Erection of more than one principal Area and dimensions 110-372
structure on lot 110-537 Building permit 110-378
M-1 Light Industrial and Research Development schedule 110-379
and Development District 110-357 Individually platted lots 110-377
R-1 Low Density Residential District, Minimum setbacks 110-373
L11101. minimum setbacks 110-277 Offstreet parking 110-374
R-2 Medium Density Residential Dis- Permitted use 110-371
trict 110-297 Preservation of trees 110-376
R-3 Medium Density Residential Dis- Utilities 110-375
trict,minimum setbacks 110-317 Underground utilities
Residential planned unit develop- Residential planned unit develop-
ments 110-439 ments 110-443
Swimming pools,minimum 110-584 Unusual uses or uses not specifically
Townhouses,minimum setbacks 110-373 permitted 110-257
Sewage disposal 110-479 Uses
Sidewalks Approved by special exceptions 110-161
Required 110-475 Utilities
Signs 94-64(a) Townhouses 110-375
Vegetation.See within this subheading:
Single-family mobile home districts Landscaping or Vegetation
Nonconformities 110-192 Vehicles and vessels
Site plans Living aboard boats 110-552
Criteria required 110-222 Living or residing in boats, utility
Expiration 110-224 trailers,recreational vehicles and
Review procedures 110-223 special purpose vehicles 110-553
Submittal and review required 110-221 Location of recreational vehicles,camp-
Special exceptions ing equipment, boats and boat
Alcoholic beverages trailers 110-551
Establishment serving alcoholic Parking and storage of certain vehi-
beverages 110-171 des 110-554
Structures and uses approved by spe- Paving of vehicular use areas 110-555
cial exception 110-161 Vehicular use areas,paving of 110-555
Special exceptions permissible by board Vessels.See within this subheading:Ve-
of adjustment hides and Vessels
C-1 Low Density Commercial District 110-334 Visibility at intersections 110-469
M-1 Light Industrial and Research Water areas 110-474
and Development District 110-354 Width
L11009 R-1 Low Density Residential District 110-274 Courts,minimum width of 110-473
Supp.No.4 CDi:27
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LICENSES AND PERMITS(Cont'd.)
Zoning districts. See herein:Zoning Community appearance review board
Permits
LANDSCAPING Appeals and review 22-46
Appearance and maintenance 34-99 Application criteria 22-44
Beautification board 2-181 et seq. Approval prerequisite for permits... 22-40
See:BEAUTIFICATION BOARD Building permits;enforcement 22-47
Land development code regulations re zon-
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 pendix 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
Certain ordinances not affected by Code.. 1-10(a)(2) Motion and still photography production
City attorney permits 16-60 et seq.
Duties 2-126(6) See: PHOTOGRAPHY
Occupational license tax 70-66 et seq.
LIBRARY
Established 46-1 See:TAXATION
Fees schedule in general. See: FEES (Ap- Political signs 94-78
pendix B) Sewer impact fee requirements 78-125
Impact fees generally 2-231 et seq. Signs
See: IMPACT FEES Land development code regulations.... 94-1 et seq.
Library board See:LAND DEVELOPMENT CODE
Amendment of bylaws 46-28 Solar energy permit fee 82-222
Created;composition; terms;chairman. 46-26 Solicitors, peddlers and itinerant mer-
Indebtedness 46-33 chants permit requirement 16-51 et seq.
Liability of city limited 46-31 See: PEDDLERS, CANVASSERS AND
Meetings 46-30 SOLICITORS
Quorum;bylaws, rules and regulations; Street excavation permit requirements ... 66-81 et seq.
expenditures 46-27 See: STREETS, SIDEWALKS AND
Reports to council 46-32 OTHER PUBLIC WAYS
Vacation of office 46-29 Tree protection,land clearing 102-39, 102-40
LICENSES AND PERMITS Vehicles for hire
Adult entertainment Certificate of public convenience and
License for establishment 10-111 et seq. necessity license 80-26 et seq.
See:ADULT ENTERTAINMENT See:VEHICLES FOR HIRE
Occupational license required 10-49 Driver's permit 80-51 et seq.
Permit for employees 10-136 et seq. See:VEHICLES FOR HIRE
See:ADULT ENTERTAINMENT Licenses and fees to be in addition to
Permit requirements 10-61 et seq. other taxes and charges 80-3
See:ADULT ENTERTAINMENT Wastewater discharge permits 78-98
Alarm systems 30-46 et seq.
See:ALARM SYSTEMS LIENS
Building permits Abandoned property
Land development code regulations82-2 et seq. Collection of lien on private property re
See: LAND DEVELOPMENT CODE towing,storage,expenses 34-188
Building sewers
Permit for connections 78-77 LIFE SAFETY CODE. See: FIRE PREVEN-
Coastal construction code 82-86 TION
Supp.No. 4 CDi:28
CODE INDEX
Section
LIGHT INDUSTRIAL DISTRICT
Land development code regulations re zon-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
LIGHTS AND LIGHTING
Definitions 34-206
Electrical code 82-116 et seq.
See: LAND DEVELOPMENT CODE
Exceptions 34-210
Method of measurement 34-211
Penalty 34-208
L
L
Supp.No. 4 CDi:28.1
J
J
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CODE INDEX
Liewe Section Section
PLANNED UNIT DEVELOPMENTS PLANNING AND DEVELOPMENT(Cont'd.)
Land development code regulations re zon- Signs
ing 110-26 et seq. Land development code regulations.... 94-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
PLANNING AND DEVELOPMENT See: STREETS, SIDEWALKS AND
Beautification board 2-181 et seq. OTHER PUBLIC WAYS
See:BEAUTIFICATION BOARD Subdivisions
Commercial development board 22-26 et seq. Land development code regulations.... 98-1 et seq.
See: COMMERCIAL DEVELOPMENT See: LAND DEVELOPMENT CODE
BOARD Threshold buildings 82-324 et seq.
Community appearance review board .... 22-36 et seq. See: LAND DEVELOPMENT CODE
See:COMMUNITY APPEARANCE RE- Tree protection,land clearing 102-36 et seq.
VIEW BOARD See: LAND DEVELOPMENT CODE
Comprehensive plan PLANT LIFE.See:WEEDS AND DEAD VEG-
Designation of agency,department,corn- ETATION
mittee or person to prepare 58-58
Flood damage prevention 90-26 et seq. PLATS. See: SURVEYS, MAPS AND PLATS
See: LAND DEVELOPMENT CODE PLUMBING
Franchise regulations in general. See: Adult entertainment establishments 10-165(b)
FRANCHISES(Appendix A) Fees schedule in general. See: FEES (Ap-
Impact fees generally 2-231 et seq. pendix B)
See: IMPACT FEES Flood damage prevention 90-26 et seq.
Land development code regulations re zon- See: LAND DEVELOPMENT CODE
ing 110-26 et seq. Gas code 82-171 et seq.
See: LAND DEVELOPMENT CODE See: GAS CODE
Local planning agency Plumbing code
Designation and establishment 58-56 Administrative authority or official.... 82-147
L
Designation of agency,department,com- Adopted 82-146
ioemittee or person to prepare com- Amendments 82-148
prehensive plan 58-58 Public service tax 70-26 et seq.
Duties and responsibilities 58-57 See: TAXATION
Master plan Sanitary sewer system 78-26 et seq.
Preparation and scope by planning and See: SEWERS AND SEWAGE DIS-
zoning board 58-35 POSAL
Plan checking fee Maintenance of plumbing system 78-35
Fees schedule in general. See: FEES POLES AND WIRES
(Appendix B) Signs
Planning and zoning board Land development code regulations 94-1 et seq.
Alternate members 58-32 See: LAND DEVELOPMENT CODE
Beautification board, coordination with 2-185
Conflict of interest 58-29 POLICE DEPARTMENT
Duties 58-34 Court costs for police education and train-
Established;organization; terms;chair- ing 50-3
man 58-26 Fees schedule in general. See: FEES (Ap-
Ex officio members 58-28 pendix B)
Indebtedness 58-36 Police department
Master plan preparation and scope 58-35 Duties of chief of police and/or precinct
Minutes 58-33 supervisor 42-26
Qualifications 58-27 Vehicles for hire
Quorum 58-31 Receiving police radio calls prohibited;
Rules of procedure 58-30 radios which may be used 80-81
Subdivisions POLITICAL SIGNS
Land development code regulations . 98-1 et seq. Signs
See: LAND DEVELOPMENT Land development code regulations 94-1 et seq.
CODE See:LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS- PRIVATE CLUBS
L1100" POSAL Human rights, discrimination prohibited . 40-28
Supp.No. 4 CDi:33
CAPE CANAVERAL CODE
Section Section
PROCEEDINGS.See:SUITS,ACTIONS AND PUBLIC WORKS AND IMPROVEMENTS
OTHER PROCEEDINGS (Cont'd.)
Land development code regulations re zon-
PROFESSIONS ing 110-26 et seq.
Occupational license tax 70-66 et seq. See:LAND DEVELOPMENT CODE
See:TAXATION Local planning agency 58-56 et seq.
PROPERTY See:PLANNING AND DEVELOPMENT
Abandoned property generally 34-180 et seq. Public service tax generally 70-26 et seq.
See:ABANDONED PROPERTY See:TAXATION
Litter Signs
Notice and order for removal from pri- Land development code regulations 94-1 et seq.
vate property 34-67 See:LAND DEVELOPMENT CODE
Signs Street excavations 66-61 et seq.
Land development code regulations.... 94-1 et seq. See: STREETS, SIDEWALKS AND
See:LAND DEVELOPMENT CODE OTHER PUBLIC WAYS
Subdivisions
PROPERTY MAINTENANCE STANDARDS Land development code regulations 98-1 et seq.
Authority 34-92 See:LAND DEVELOPMENT CODE
Building appearance and maintenance 34-98 Weeds and vegetation 34-121 et seq.
Definitions 34-91 See: WEEDS AND DEAD VEGETA-
Duties and responsibilities for mainte- TION
nance 34-97 Wetlands protection 106-26 et seq.
Enforcement 34-95 See: LAND DEVELOPMENT CODE
Landscape appearance and maintenance 34-99
Purpose 34-94 PURCHASES AND PURCHASING
Scope 34-93 Availability of funds 2-225
Sign appearance and maintenance 34-100 Award to other than low bidder 2-218(7)
Standards established 34-96 Bid deposits 2-218(3)
Bid opening 2-218(4)
PUBLIC NUDITY. See:NUDITY Blanket purchase orders 2-224
City bidders list 2-218(2)
PUBLIC RECORDS. See: RECORDS AND Cooperative purchasing 2-222
REPORTS Definitions 2-216
PUBLIC SERVICE TAX Emergency purchase 2-221
Franchise regulations in general. See:
Generally 70-26 et seq. FRANCHISES(Appendix A)
See:TAXATION Ineligible contractors 2-218(6)
PUBLIC SEWERS.See:SEWERS AND SEW- Notice 2-218(1)
AGE DISPOSAL Open market purchase procedures 2-219
Performance bond 2-218(9)
PUBLIC THOROUGHFARES.See:STREETS, Procedure 2-218
SIDEWALKS AND OTHER PUBLIC Prohibition of interest
WAYS Financial interest 2-226(a)
Gifts and rebates 2-226(b)
PUBLIC VEHICLES Purpose 2-217
Vehicles for hire 80-1 et seq. Rejection of bids 2-218(5)
See:VEHICLES FOR HIRE Sole source 2-220
Subdivision,prohibition against 2-223
PUBLIC WAYS.See:STREETS,SIDEWALKS Tie bids 2-218(8)
AND OTHER PUBLIC WAYS Utilities service
PUBLIC WORKS AND IMPROVEMENTS Purchase of 70-33
Without collecting public service tax,
Beautification board 2-181 et seq.
See: BEAUTIFICATION BOARD purchase of 70-37
Certain ordinances not affected by Code.. 1-10(a)(11) PYROTECHNICS.See:FIREWORKS
Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq. R
See:LAND DEVELOPMENT CODE
Franchise regulations in general. See: RACIAL DISCRIMINATION
FRANCHISES(Appendix A) Human rights,discrimination prohibited . 40-28
Supp. No. 4 CDi:34
CODE INDEX
L
Section Section
RADIOLOGICAL WASTE.See:SOLID WASTE RESIDENTIAL PLAIsINED UNIT DEVELOP-
MENTS
RADIOS Land development code regulations re zon-
Noises,enumeration of prohibited 34-153(2) ing 110-26 et seq.
Vehicles for hire See: LAND DEVELOPMENT CODE
Receiving police radio calls prohibited;
radios which may be used 80-81 REVENUES OF CITY.See:FINANCES
RAILROADS AND TRAINS REZONING
Franchise regulations in general. See: Certain ordinances not affected by Code.. 1-10(a)(9)
FRANCHISES(Appendix A)
RIGHTS
RECORDS AND REPORTS Certain ordinances not affected by Code.. 1-10(a)(4)
Adult entertainment licenses 10-125 Code does not affect prior rights estab-
Alarms lished or occurring 1-8
Reports required 30-31
City clerk ROAD SIGNS
Duties 2-116(1) Signs
Franchise regulations in general. See: Land development code regulations.... 94-1 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Litter abatement 34-66 ROBBERY ALARMS.See:ALARM SYSTEMS
Occupational license tax
Form signing of licenses;report of infor- RUBBISH. See: SOLID WASTE
mation 70-70
Records of issued licenses 70-86 S
Records of licensees 70-87
Sewers SALES
Industrial or commercial wastewater Adult entertainment establishments
monitoring reporting re discharges 78-100 Sale to minors 10-170
Liii." Solicitors, peddlers and itinerant mer- Utility service without collection of public
chants service tax 70-40
Permit record 16-53
Report of violations 16-31 SANITARY SEWER SYSTEM.See:SEWERS
Subdivisions AND SEWAGE DISPOSAL
Land development code regulations98-1 et seq. SCREENS AND SCREENING
See: LAND DEVELOPMENT CODE Property maintenance standards 34-91 et seq.
Threshold buildings,special inspector daily See: PROPERTY MAINTENANCE
report 82-346 STANDARDS
Vehicles for hire
Maintenance of records 80-85 SEA TURTLES. See:ANIMALS AND FOWL
Report to accidents 80-88
SEAL OF CITY
RECREATION. See: PARKS AND RECRE- City clerk
ATION Duties 2-116(1)
RECYCLABLE MATERIALS SEPTIC TANKS
Residences 62-9(b) Sanitary sewer requirements 78-34
Solid waste generally 62-1 et seq.
See:SOLID WASTE SERGEANT AT ARMS
City council 2-63
REFUSE.See: SOLID WASTE
SETBACKS
REGULAR MEETINGS Land development code regulations re zon-
City council 2-56 ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
RESIDENTIAL DISTRICTS
Land development code regulations re zon- SEWERS AND SEWAGE DISPOSAL
ing 110-26 et seq. Building sewers and connections.See herein:
See:LAND DEVELOPMENT CODE Industrial and Commercial Use
Signs 94-96 et seq. Commercial use.See herein:Industrial and
Solid waste Commercial Use
Fees schedule in general. See: FEES Concurrency management 86-1 et seq.
CIIINIe (Appendix B) See:LAND DEVELOPMENT CODE
Supp.No. 4 CDi:35
CAPE CANAVERAL CODE
Section Section
SEWERS AND SEWAGE DISPOSAL(Cont'd.) SEWERS AND SEWAGE DISPOSAL(Cont'd)
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
pendix B) Maintenance of plumbing system 78-35
Free service 78-37 Monthly sewer rates 78-152
Impact fees Old plumbing,connecting 78-31
Change of use 78-128 Payment of sewer charges required 78-153
Cost of living increase 78-129 Penalties 78-26
Established 78-121 Private water supply
Excessive quantity of wastewater 78-123 Sewer fees where owner has 78-154
Full payment required prior to issuance Public service tax generally 70-26 et seq.
of certificate or license 78-125 See:TAXATION
Generally 2-231 et seq. Rates and charges
See:IMPACT FEES Monthly sewer rates 78-152
Offsite sewage plumbing 78-131 Payment of sewer charges required.... 78-153
Payment 78-122 Sewer fees where owner has private
Port Canaveral customers 78-130 water supply 78-154
Use of funds 78-127 Sanitary requirements 78-32
Industrial and commercial use Separate connection for each separate build-
Administrative enforcement procedures 78-59 ing 78-38
Administrative penalties 78-60 Septic tanks 78-34
Applicability of provisions 78-54 Sewer fees where owner has private water
Building sewers and connections
supply 78-154
Connecting sources of surface runoff
Subdivisions
or groundwater 78-84 Land development code regulations.... 98-1 et seq.
Cost of installation; indemnification 78-78 See:LAND DEVELOPMENT CODE
Elevations 78-82 Unlawful connection 78-29
Excavations 78-83 Unlawful construction 78-30
Notice of inspection and connection . 78-79 Wastewater discharge permits 78-98
Old building sewers 78-80
Permit for connections SEXUAL DISCRIMINATION
Application 78-77(b) Human rights,discrimination prohibited . 40-28
Required 78-77(a)
Public sewers,connection to 78-85 SHOPPING CENTERS
Separate sewers for each building78-76 Signs
Specifications 78-81 Land development code regulations.... 94-1 et seq.
Definitions 78-51 See:LAND DEVELOPMENT CODE
Discharges
Fees 78-99 SHOUTING
General prohibitions and limitations 78-96 Noises, enumeration of prohibited 34-153(4)
Industrial or commercial wastewater
monitoring and reporting 78-100 SHOWS
Permission to use sewer system;waste- Adult entertainment
water discharge permit 78-98 Generally 10-46 et seq.
Prohibited wastes, control of 78-97 See:ADULT ENTERTAINMENT
Wastewater discharge permit 78-98
Emergency,termination of service in78-58 SIDEWALKS. See: STREETS, SIDEWALKS
Enforcement;authority;minimum stan- AND OTHER PUBLIC WAYS
dards 78-53
Inspectors SIGNS AND BILLBOARDS
Power and authority of 78-56 Fees schedule in general. See: FEES (Ap-
Judicial remedies 78-61 pendix B)
Supp.No.4 CDi:36
CODE INDEX
Liste, Section Section
SIGNS AND BILLBOARDS(Cont'd.) SOLID WASTE(Cont'd.)
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
Noises,enumeration of prohibited 34-153(3)
SITE PLANS
Fees schedule in general. See: FEES (Ap- STANDARD FIRE PREVENTION CODE.See:
pendix B) FIRE PREVENTION
Land development code regulations re zon-
ing 110-26 et seq. STATE
See: LAND DEVELOPMENT CODE Abandoned property
Planning and zoning board 58-26 et seq. Notification of owner;following removal
See:PLANNING AND ZONING BOARD by city
Documentation filed with state 34-185(e)
SOLAR ENERGY STANDARDS Adult entertainment
Adopted 82-221 Compliance with state requirements... 10-163
Compliance with building code 82-223 Definitions and rules of construction 1-2
Permit fee 82-222 Election code adopted 26-1
Law
SOLICITORS. See: PEDDLERS, CANVASS- City attorney
ERS AND SOLICITORS Duties 2-126(3)
Lie
Misdemeanor acts adopted,penalty 50-1
SOLID WASTE Parking,state law adopted 74-56
City Threshold buildings, state law adopted 82-321
Authority to collect 62-3 Vehicles for hire
Ownership by city 624 Application of provisions to vehicle, op-
Complaint procedure 62-6 erator regulator by state govern-
Concurrency management 86-1 et seq. ment 80-2
See:LAND DEVELOPMENT CODE
Containers STORAGE
Required 62-8 Abandoned vehicles on private property .. 34-181
Definitions 62-1 Fireworks
Fees schedule in general. See: FEES (Ap- Storage of materials 38-87
pendix B)
Ownership by city 62-4 STORM DRAINAGE
Penalties 62-2 Certain ordinances not affected by Code.. 1-10(a)(17)
Proper disposal prerequisite to collection 62-10 Subdivisions
Public nuisances prohibited Land development code regulations.... 98-1 et seq.
Dead plants,refuse,debris See:LAND DEVELOPMENT CODE
Yards,etc.,to be kept free of 34-122
Regulations on file 62-12 STORMWATER MANAGEMENT
Residential solid waste pickup conditions Coastal construction code 82-81 et seq.
Location of solid waste containers 62-9(f) See: LAND DEVELOPMENT CODE
Pickup 62-9(e) Fees schedule in general. See: FEES (Ap-
Recyclable material 62-9(b) pendix B)
Separation of solid waste 62-9(a) Sanitary sewer system 78-26 et seq.
Solid waste 62-9(d) See: SEWERS AND SEWAGE DIS-
Yard waste 62-9(c) POSAL
Sanitary sewer system 78-26 et seq. Street excavations 66-61 et seq.
See: SEWERS AND SEWAGE DIS- See: STREETS, SIDEWALKS AND
POSAL OTHER PUBLIC WAYS
Schedule of fees 62-5 Wetlands protection 106-26 et seq.
LI11010? Transporting 62-7 See: LAND DEVELOPMENT CODE
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CAPE CANAVERAL CODE
Section Section
STREETS,SIDEWALKS AND OTHER PUB- STREETS,SIDEWALKS AND OTHER PUB-
LIC WAYS LIC WAYS(Cont'd.)
Adult entertainment Public service tax generally 70-26 et seq.
Covering glass areas facing public thor- See:TAXATION
oughfares 10-164 Right-of-way use agreements 66-1
Alcoholic beverages Signs
Possession and consumption 6-51 Land development code regulations.... 94-1 et seq.
Beautification board generally 2-181 et seq. See:LAND DEVELOPMENT CODE
See: BEAUTIFICATION BOARD Solicitors, peddlers and itinerant mer-
Certain ordinances not affected by Code 1-10(a)(5) chants 16-26 et seq.
Concurrency management system 86-1 et seq. See: PEDDLERS, CANVASSERS AND
See: MOTOR VEHICLES AND TRAF- SOLICITORS
FIC Solid waste generally 62-1 et seq.
Excavations See: SOLID WASTE
City Transporting regulations 62-7
Authority of city 66-64 Street lights
Right to restore surface 66-69 Sea turtle regulations 14-57
Cleanup 66-68 Streets
Emergencies 66-70 Abandonment
Engineering details 66-66 Authority 66-36
Guarantee 66-67 Ordinance required 66-39
Inspections 66-63 Petition
Liability of city 66-62 For action 66-37
Method of installation 66-65 Procedure 66-38
Penalty 66-61 Civil liability for damage 66-26
Permit Speed bumps 66-27
Application 66-82 Subdivisions
Cash deposits 66-84 Land development code regulations.... 98-1 et seq.
Fee 66-83 See:LAND DEVELOPMENT CODE
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Required 66-81 Traffic
Fire lanes,designation of 74-62 Certain ordinances not affected byCode 1-10(a)(8)
Franchise agreements 66-1
Franchise regulations in Travel on other than streets or highways 74-1
gu general. See: Tree protection,land clearing 102-36 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Grades
Certain ordinances not affected by Code 1-10(a)(10) Trucks generally 74-26 et seq.
Handbills See: MOTOR VEHICLES AND TRAF-
Throwing or distributing in public places 34-51 FIC
Impact fees generally 2-231 et seq. Weeds and vegetation 34-121 et seq.
See: IMPACT FEES See: WEEDS AND DEAD VEGETA-
Land development code regulations re zon- TION
ing 110-26 et seq. Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
Lighting 34-206 et seq. Yelling,shouting, hooting,whistling, sing-
See: LIGHTING ing
Litter 34-26 et seq.
See: LITTER SUBDIVISIONS
Local planning agency 58-56 et seq. Beautification board generally 2-181 et seq.
See:PLANNING AND DEVELOPMENT See: BEAUTIFICATION BOARD
Noise Commercial development board 22-26 et seq.
Enumeration of prohibited 34-153(4) See: COMMERCIAL DEVELOPMENT
Numbering of buildings and property 82-366 et seq. BOARD
See: LAND DEVELOPMENT CODE Dedicating or accepting
Open containers Certain ordinances not affected by Code 1-10(a)(12)
Prohibited in motor vehicles 6-68 Fees schedule in general. See: FEES (Ap-
Parks and recreation areas 54-1 et seq. pendix B)
See: PARKS AND RECREATION Flood damage prevention 90-26 et seq.
Property maintenance standards 34-91 et seq. See: LAND DEVELOPMENT CODE
See: PROPERTY MAINTENANCE Impact fees generally 2-231 et seq.
STANDARDS See: IMPACT FEES
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CODE INDEX
Section
SUBDIVISIONS(Cont'd.)
Land development code
Regulations re subdivisions 98-1 et seq.
See:LAND DEVELOPMENT CODE
Regulations re zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Planning and zoning board 58-26 et seq.
See:PLANNING AND ZONING BOARD
Public service tax generally 70-26 et seq.
See:TAXATION
Purchasing
Prohibition against subdivisions 2-223
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