HomeMy WebLinkAboutSupplement 03SUPPLEMENT NO.3
October 1996
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. 20-96, enacted September 17, 1996.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xiii, xiv xiii, xiv
xvii, xviii xvii, xviii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
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CCT:13, CCT:14 CCT:13—CCT:15
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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 CD 16:5
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
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
Art. IV. Fireworks CD38:7
Art. V. Hazardous Materials and Substances CD38:8
Supp. No. 3 Xiii
CAPE CANAVERAL CODE
Chapter Page
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 CD66:3
Div. 1. Generally CD66:3
Div. 2. Abandonment CD66:3
Art. III. Excavations CD66:4
Div. 1. Generally CD66:4
Div. 2. Permit CD66:5
67-69. Reserved CD67:1
70. Taxation CD70:1
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Art. III. Occupational License Tax CD70:6
Supp. No. 3 XiV
TABLE OF CONTENTS-Cont'd.
Chapter Page
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning 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 CD 110:59
Div. 2. Offstreet Parking CD110:62
Div. 3. Offstreet Loading CD110:64
Div. 4. Home Occupations CD110:64
Div. 5. Setbacks CD110:65
Div. 6. Vehicles and Vessels CD110:67
Div. 7. Landscaping and Vegetation CD110:69
Div. 8. Swimming Pools CD110:71
Supp. No. 3 xvii
CAPE CANAVERAL CODE
Appendix
Appendix
A. Franchises CDA:1
Art. I. Cable Communications CDA:3
Art. II. Electric CDA:9
Art. III. Gas CDA:11
Art. IV. Telephone CDA:19
Art. V. Water CDA:22
B. Schedule of Fees CDB:1
Code Comparative Table—Laws of Florida CCT:1
Code Comparative Table-1981 Code CCT:3
Code Comparative Table—Ordinances and Resolutions CCT:9
State Law Reference Table SLT:1
Charter Index CHTi:1
Code Index CDi:1
Supp. No. 3 xviii
Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis,it has become evident that through usage and supplementation
many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of each
page.
In the first column all page numbers are listed in sequence.The second column
reflects the latest printing of the pages as they should appear in an up-to-date
volume. The letters "OC" indicate the pages have not been reprinted in the
Supplement Service and appear as published for the original Code.When a page
has been reprinted or printed in the Supplement Service,this column reflects the
identification number or Supplement Number printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent
Supplements.
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Supp.No.3 [4]
Chapter 10
AMUSEMENTS AND ENTERTAINMENTS*
Article I. In General
Secs. 10-1-10-25. Reserved.
Article II. Amusement Device Code
Sec. 10-26. Adopted.
Sec. 10-27. Amendments.
Secs. 10-28-10-45. Reserved.
Article III. Outdoor Entertainment
Division 1. Generally
Sec. 10-46. Definitions.
Sec. 10-47. Compliance with other laws.
Sec. 10-48. Penalties for violations.
Sec. 10-49. Occupational license required.
Sec. 10-50. Exceptions.
Secs. 10-51-10-60. Reserved.
Division 2. Permit
Sec. 10-61. Required.
Sec. 10-62. Application.
Sec. 10-63. Fee.
Sec. 10-64. Cash cleanup bond.
Secs. 10-65-10-85. Reserved.
Article IV. Adult Entertainment
Division 1. Generally
Sec. 10-86. Definitions.
Sec. 10-87. Authority.
Sec. 10-88. Scope.
Sec. 10-89. Purpose.
Sec. 10-90. Findings of fact.
Sec. 10-91. City manager's responsibilities.
Sec. 10-92. Authority of administrative agencies.
Sec. 10-93. Powers of city council.
Sec. 10-94. Immunity from prosecution.
Sec. 10-95. Penalties.
Sec. 10-96. Presumptions of violations.
Sec. 10-97. Exception for restroom use.
Sec. 10-98. Evidence of violation.
Sec. 10-99. Reserved.
Sec. 10-100. Unlawful activities at commercial establishment.
Sec. 10-101. Unlawful activities where alcoholic beverages, food or other
beverages sold or dispensed.
Secs. 10-102-10-110. Reserved.
*Cross reference-Businesses, ch. 16.
Supp. No. 3 CD10:1
CAPE CANAVERAL CODE
Division 2. License for Establishment
Sec. 10-111. Required;classification;separate license for each location.
Sec. 10-112. Required of commercial establishments advertising adult enter-
tainment.
Sec. 10-113. More than one classification at single location prohibited.
Sec. 10-114. Licensing procedure.
Secs. 10-115-10-117. Reserved.
Sec. 10-116. Investigation.
Sec. 10-117. Issuance; denial;revocation.
Sec. 10-118. Limitation on licenses and licensed premises.
Sec. 10-119. Contents of license;renewals;expiration;cancellation.
Sec. 10-120. Display; mutilation prohibited.
Sec. 10-121. Annual license fees;levy of; regulatory in nature.
Sec. 10-122. Transferability.
Sec. 10-123. Licensee moving to new location;changing name of business.
Sec. 10-124. Suspension.
Sec. 10-125. Records and reports;consent by licensee.
Sec. 10-126-10-135. Reserved.
Division 3. Permit for Employees
Sec. 10-136. Required.
Sec. 10-137. Violations.
Sec. 10-138. Qualifications.
Sec. 10-139. Application;fee.
Sec. 10-140. Investigation by county health department.
Sec. 10-141. Temporary permit.
Sec. 10-142. Issuance; contents.
Sec. 10-143. Expiration and renewal.
Sec. 10-144. Possession of permit required.
Sec. 10-145. Revocation.
Sec. 10-146. Suspension.
Sec. 10-147. Appeal.
Sec. 10-148. Replacement of lost permits.
Sec. 10-149. Change of address, name or place of employment.
Secs. 10-150-10-160. Reserved.
Division 4. Operation of Establishments
Sec. 10-161. Operation of unlicensed premises unlawful.
Sec. 10-162. Permitting violations or illegal acts.
Sec. 10-163. Compliance with federal,state and local requirements.
Sec. 10-164. Covering glass areas facing public thoroughfares.
Sec. 10-165. Sanitary facilities.
Sec. 10-166. Distance and dispersal requirements.
Sec. 10-167. Advertising.
Sec. 10-168. Obscenity.
Sec. 10-169. Admission of minors.
Sec. 10-170. Sale to minors.
Sec. 10-171. Prohibited activities.
Sec. 10-172. Exhibit or display of certain anatomical areas by employees or
patrons prohibited.
Sec. 10-173. Straddle dancing.
Sec. 10-174. Adult bookstore.
Sec. 10-175. Massage establishments.
Sec. 10-176. Adult motion picture theaters.
Sec. 10-177. Adult dancing establishment.
Supp.No. 3 CD10:2
AMUSEMENTS AND ENTERTAINMENTS § 10-111
is more appropriate, but shall be prose- Sec. 10-100. Unlawful activities at commer-
cuted under only one of those sections for cial establishment.
each offense. Under this article, it shall be unlawful for any
(5) An employer of a commercial establish- employee or customer or patron of any commer-
ment who permits, suffers or allows any cial establishment in the city, unless licensed
employee on the premises to perform or under this article, and while on the premises to
participate in a straddle dance may be exhibit or display specified anatomical areas.
prosecuted under section 10-171 or 10-173, (Code 1981, § 722.73; Ord. No. 2-96, § 3, 2-20-96)
whichever is more appropriate,but shall be
prosecuted under only one of those sections Sec. 10-101. Unlawful activities where alco-
for each offense. holic beverages, food or other
(Code 1981, § 722.82) beverages sold or dispensed.
Sec. 10-97. Exception for restroom use. The human genitals or pubic region, the areola
of the female breast and the anal cleft of the
Notwithstanding any section of this article to human buttocks shall not be displayed or exposed
the contrary, it shall not be unlawful for any on a licensed premises where alcoholic beverages
person or employee of a commercial establish- are sold, dispensed or permitted. It shall be un-
ment or adult entertainment establishment to lawful for any employee to exhibit specified ana-
expose specified anatomical areas in connection tomical areas while selling or dispensing any
with the use of approved sanitary facilities corn- form of food or beverage.
monly known as restrooms. However, specified (Code 1981, § 722.57)
anatomical areas shall be exposed or displayed
only in connection with excretory functions. Secs. 10-102-10-110. Reserved.
(Code 1981, § 722.83)
Sec. 10-98. Evidence of violation. DIVISION 2. LICENSE FOR
ESTABLISHMENT
(a) In all actions,civil or criminal,for violation
of this article, testimonial evidence that a bever- Sec. 10-111. Required; classification; sepa-
age was an alcoholic beverage, beer or wine may rate license for each location.
be offered by any person who,by experience in the
past in handling or using alcoholic beverages, (a) Generally. No adult bookstore, massage es-
beer or wine or who by taste, smell or drinking of tablishment,adult motion picture theater or adult
such liquids,has knowledge of the presence of the dancing establishment shall be permitted to do
alcoholic content of the beverage or the intoxicat- business without having first obtained a license
ing effect of the beverage. under this division.
(b) The presence of alcoholic content of any (b) Classification. Licenses referred to in this
beverage, beer or wine may be shown by hydrom- section shall be classified as follows:
eter or gravity test made in or away from the (1) Adult bookstore;
presence of the fact finder by any person who has
knowledge of the use of such instrument, but the (2) Adult motion picture theater, which shall
production of such evidence is optional. include adult arcades, places or buildings
(Code 1981, § 722.84) having adult motion picture booths, places
or buildings having a hall or auditorium for
Sec. 10-99. Reserved. the presentation of film material, places
designed to permit viewing by patrons seated
Editor's note—Ordinance No.2-96,§1,adopted February in automobiles, adult motels and places or
29, 1996, repealed § 10-99 in its entirety. Formerly, such buildings havinga combination of any or
section pertained to appeals and derived from§722.38 of the
1981 Code.
all of such;
Supp. No. 3 CD10:13
§ 10-111 CAPE CANAVERAL CODE
J
(3) Massage establishment; and (2) Conform to all applicable fire statutes,codes,
(4) Adult dancing establishment. ordinances and regulations, whether fed-
eral, state or local;
(c) Statement of classification on application;
separate license for each location. Each applica- (3) Conform to all applicable health statutes,
tion for a license shall state the classification and codes,ordinances and regulations,whether
location for which it is to be issued.A license may federal, state or local;
be issued for only one location and for only one (4) Conform to all applicable zoning regula-
classification of adult entertainment, as enumer- tions and land use laws, whether state or
ated in subsection (b) of this section, at a single local.
location.
(Code 1981, § 722.27) (b) License required. No adult entertainment
establishment shall be permitted to operate with-
Sec. 10-112. Required of commercial estab- out having been first granted an adult entertain-
lishments advertising adult en- ment license by the city manager.
tertainment. (c) Application. Any person desiring to operate
Any commercial establishment that displays an adult entertainment establishment shall file
within 100 feet of its premises a sign or other form with the city manager a sworn license application
of advertisement capable of leading a reasonable on a standard application form prescribed by the
person to believe the establishment engages in an city manager. The following requirements and
activity required by this division to be licensed conditions shall apply:
shall obtain an adult entertainment license for (1) Contents of application. The completed ap-
the activity. plication shall contain the following infor-
(Code 1981, § 722.56) mation and shall be accompanied by the
following documents:
Sec. 10-113. More than one classification at a. If the applicant is:
single location prohibited.
1. An individual,the individual shall
No building, premises, structure or other facil- state his legal name and any
ity that contains any classification of adult enter- aliases, address and telephone
tainment as specified in section 10-111(b) shall number, and submit satisfactory
permit or contain any other classification of adult proof that he is at least eighteen
entertainment. (18) years of age;
(Code 1981, § 722.41) 2. Apartnership,the partnership shall
Sec. 10-114. Licensing procedure. state its complete name and the
names, addresses and telephone
(a) Responsibility. Ultimate responsibility for numbers of all partners, whether
the administration of this section is vested in the the partnership is general or lim-
city council. The city manager is responsible for ited and, if in existence, a copy of
granting, denying, revoking, renewing, suspend- the partnership agreement; or
ing and canceling adult entertainment licenses 3. A corporation,the corporation shall
for proposed or existing adult entertainment es-
state its complete name, the date
tablishments. The city manager, or his designee, of its incorporation, evidence that
shall be responsible for insuring all proposed the corporation is in good stand
establishments and any licensed establishments ing, the names and capacity of all
comply with or are complying with the following officers and directors and,if appli-
requirements: cable, the name of the registered
(1) Conform to all applicable building statutes, corporate agent and the address of
codes,ordinances and regulations,whether registered office for service of pro-
federal, state or local; cess;
Supp.No. 3 CD10:14
AMUSEMENTS AND ENTERTAINMENTS § 10-114
b. If the applicant intends to conduct the h. The applicant's mailing address, resi-
establishment under a name other than dential address and residential tele-
that of the applicant, the phone number (if any);
establishment's fictitious name regis- i. A site plan drawn to appropriate scale
tration pursuant to F.S. § 865.09, as of the proposed establishment, includ-
amended from time to time; ing but not limited to:
c. Whether the applicant or any of the 1. All property lines, right-of-ways
other individuals listed pursuant to and the location of buildings,park-
subparagraph (c)(1)a. has had a previ- ing areas and spaces, curb cuts
ous license under this article sus- and driveways;
pended or revoked,including the name 2. All windows, doors, entrances and
and location of the establishment for exits, fixed structural features,
which the license was suspended or walls, stages, partitions, projec
revoked, as well as the date of the tion booths,admission booths,adult
suspension or revocation, and whether booths, concession booths, stands,
the applicant or any other individual counters and similar structures;
listed pursuant to subparagraph(c)(1)a.
has been a partner in a partnership or 3. All proposed improvements or en-
an officer or director of a corporation largements to be made,which shall
whose license under this article has be indicated and calculated in terms
previously been suspended or revoked, of percentage of increase in floor
including the name and location of the size;
establishment for which the license j. A recent photograph of the applicant;
was suspended or revoked, as well as and
the date of the suspension or revoca- k. Either the applicant's driver's license
tion; number or his state or federally-issued
d. Whether the applicant or any of the identification card number.
other individuals listed pursuant to (2) Application fee. Each application shall be
subparagraph (cXl)a. has, within the accompanied by a nonrefundable fee of
five-year period immediately preced-
$400.00. If the application for a license is
ing the date of the application, been
approved and a license is granted, one-half
convicted of a specified criminal act; of the fee shall be applied as a credit
and, if so, the specified criminal act toward the annual license fee required for
involved, the date of conviction, and the first year pursuant to section 10-121 of
the place of conviction; this article.
e. Whether the applicant or any other (3) Incomplete application. In the event the
individual listed pursuant to subpara- city manager determines or learns at any
graph (c)(1)a. holds any other licenses time that the applicant has not properly
under this article and,if so,the names completed the application for a proposed
and locations of such other licensed establishment,he shall promptly notify the
establishments; applicant of such fact and shall allow the
f. The single classification of license for applicant ten (10) days to properly corn-
which the applicant is filing; plete the application. (The time period for
g. The location of the proposed establish- granting or denying a license under section
ment, including a legal description of 10-114(d)(1) shall be stayed during the pe-
the property site, legal street address, riod in which the applicant is allowed an
and the zoning designation of the prop opportunity to properly complete the appli-
erty; cation.)
Supp. No. 3 CD10:15
§ 10-114 CAPE CANAVERAL CODE
(d) Grant; denial; appeal. ments under this article includ-
(1) Time period for granting or denying license. ing,but not limited to,the require-
The city manager shall grant or deny an ments of section 10-114(a).
application for a license within 90 days b. If the city manager denies the applica-
from the date of receipt of a complete tion, he shall promptly notify the ap-
application. Upon the expiration of the plicant in writing of the denial and
90-day, the applicant shall be permitted to state the reason(s) for the denial.
begin operating the establishment for which c. If a person applies for a license at a
a license is sought,unless and until the city particular location within a period of
manager notifies the applicant of a denial 12 months from the date of denial of a
of the application and states the reason(s) previous
the same location and there has not
(2) Granting of application for license. Upon been an intervening change in the cir-
approval by the city manager, the city cumstances which will probably lead
manager shall grant the application,notify to a different decision regarding the
the applicant of the granting, and issue the former reason(s) for denial, the appli-
license to the applicant upon payment of cation shall be rejected.
the appropriate annual license fee provided d. Appeals are provided for as follows:
in sections 10-114(c)(2) and 10-121, with 1. Denial of a license application by
credit as provided in section 10-114(c)(2). the city manager shall be ap-
(3) Denying of application for license. pealed to the city council. An ap-
peala. The city manager shall deny the appli shall be filed within 30 days
cation for any of the following reasons: after the applicant receives writ-
ten notice of denial. The city coup-
1. The application remains incom- cil shall render a decision granting
plete following the notice and cor- or denying the application within
rective period provided for in sec- 30 days after the appeal has been
tion 10-14(c)(3) hereof; filed.
2. The application does not conform 2. Denial of a license application by
to the requirements stated in sec- the city council shall be appealed
tion 10-114(a); to the circuit court by petition for
3. The application contains material writ of certiorari or any other ap-
false information; propriate appellate procedure in
4. The applicant or any of the other circuit court. An appeal shall be
individuals listed pursuant to sec- filed within 30 days after the city
tion 10-114(c)(1)a. has a license council has rendered its decision
under this article that has been on the application.
suspended or revoked; (Ord. No. 2-96, § 2, 2-20-96)
Editor's note—Ordinance No.2-96,§2,adopted February
5. The granting of the application 20, 1996,added a new§ 10-116. However,in order to provide
would violate either a statute or better clarification,such section was redesignated as§10-114
ordinance or an order from a court at the discretion of the editor.See editor's note for§§10-115—
of law that effectively prohibits 10-117.
the applicant from obtaining an
adult entertainment establishment Secs. 10-115-10-117. Reserved.
license; Editor's note—Ordinance No.2-96,§1,adopted February
6. The proposed establishment or any 20, 1996, repealed §§ 10-114-10-117 in their entirety. For-
merly,such sections pertained to application;application fee;
previously licensed establishment fee; investigation; issuance; denial; revocation and derived
does not comply with the require- from§722.29-722.31, 722.39 of the 1981 Code.
J
Supp.No. 3 CD10:16
AMUSEMENTS AND ENTERTAINMENTS § 10-120
Crol
Sec. 10-118. Limitation on licenses and li- a matter of course,by October 1 by presenting the
censed premises. license for the previous year and by paying the
appropriate license fee.
No more than one license shall be issued and in
effect for any single location within the city. A
licensed premises may be owned by the licensee (d) Expiration. A license that is not renewed
or may be leased by the licensee from a person not under this article by October 1 of each year shall
a licensee under this division, provided that a expire. An expired license may be renewed by
licensee who is a tenant or lessee may not surren- November 30 of the same year upon presentation
der his tenancy or lease to the owner or lessor if, of an affidavit stating that no adult entertain-
by so doing, the owner or lessor will take posses- ment activity has taken place at the establish-
sion, control and operation of the licensed prem- ment subsequent to expiration, upon payment of
ises and the business licensed under this division, the appropriate license fee, and upon payment of
unless the license is transferred as provided in a penalty of ten percent of the appropriate license
section 10-122.A licensee who is the owner of the fee for the month of October, or fraction thereof,
licensed premises may not lease or otherwise give and an additional penalty of five percent of the
up possession, control and operation of the li- appropriate license fee for the month of Novem-
censed premises and the business licensed under ber, or fraction thereof.Any specified criminal act
this division to any other person, unless the as defined under section 10-86, or as specified
license is transferred as provided in section 10- under other sections of this article, which is
122. conducted subsequent to the expiration,but prior
(Code 1981, § 722.32) to renewal, of a license shall result in the suspen-
sion of the license for a period of 30 days corn-
mencing on the date the licensed is granted. An
(olime, Sec. 10-119. Contents of license; term of li- adult entertainment establishment may be fur-
cense;renewals;expiration;can- ther regulated, fined or penalized, including, but
cellation. not limited to, license suspension and revocation,
(a) Contents. An adult entertainment license pursuant to any other provision of this article for
shall state on its face the name of the licensee,the conducting specified prohibited activity.
name of the establishment, the street address of
the establishment, the classification(s) of the li- (e) Cancellation. All expired licenses not re-
cense, the date of issuance, and the date of newed by November 30 shall be automatically
expiration. canceled by the city manager.
(Ord. No. 2-96, § 2, 2-20-96)
(b) Term. All licenses issued under this article Editor's note—Ordinance No.2-96,§2,adopted February
shall be annual licenses which shall become effec- 20, 1996,amended§ 10-119 to read as set out.Formerly,such
section pertained to disqualification and derived from§722.28
tive on October 1, on which date they shall have
been paid for, and shall expire on September 30 of of the 1981 Code.
the following year. If a license is issued after
October 1 in any year, but by March 31 of the Sec. 10-120. Display; mutilation prohibited.
following year, the applicant shall pay the appro-
priate license fee. If a license is issued after
March 31 of any year, but by October 1 of the Every licensee licensed under this division shall
same year, the applicant shall pay one-half the display the license in a conspicuous place on the
appropriate license fee. licensed premises,in a clear,transparent cover or
frame. The license shall be available for inspec-
(c) Renewals. Licenses shall be renewed annu- tion at all times by the public. No person shall
ally. Subject to other provisions of this article, a mutilate, cover, obstruct or remove a license so
Lioe, licensee under this article shall be entitled to a displayed.
renewal of his annual license from year to year, as (Code 1981, § 722.33)
Supp. No. 3 CD10:17
§ 10-121 CAPE CANAVERAL CODE
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Sec. 10-121. Annual license fees;levy of;reg- transfer,the application of the purchaser shall be
ulatory in nature. approved by the city manager in accordance with
the same procedure provided in section 10-114 for
(a) Levy of license fees. There are hereby levied the issuance of new licenses. Before the issuance
the following annual license fees under this arti- of any transfer of license,the transferee shall pay
cle for an adult entertainment establishment: a transfer fee of ten percent of the appropriate
(1) An establishment having a license for an annual license fee. Licenses issued under this
adult bookstore—$1,000.00. division shall not be transferable in any way
(2) An establishment having a license for an other than provided in this section.
adult theater as follows: (Code 1981, § 722.35; Ord. No. 2-96, § 3, 2-20-96)
a. Having only adult booths—$200.00 for Sec. 10-123. Licensee moving to new loca-
each booth limited to a cumulative fee tion; changing name of busi-
not to exceed $1,000.00; ness.
b. Having only a hall or auditorium—
$15.00 for each seat limited to a cumu- (a) New location. A person issued a license
lative fee not to exceed $1,000.00; or under this division may move his licensed prem-
ises to a new location and operate at the new
c. Having a combination of a. and b.— location upon approval by the city manager of the
The cumulative license fee applicable licensee's application for change of location. The
to each under a. and b. limited to a licensee shall submit to the city manager an
cumulative fee not to exceed$1,000.00; application for a change of location, accompanied
and by an application fee set forth in section 10-
d. Adult motel—$1,000.00. 114(c)(2) at the time the application is filed. The
(3) An establishment having a license for an application will contain or have attached to it a
adult dancing establishment—$1,000.00. site plan as provided in section 10-114(c)(1)i. If Ntial
more than one license has been issued to the
(4) An establishment having a license for a licensed premises at the old location, the licensee
massage establishment—$1,000.00. shall state in his application for a change of
(b) License fees are regulatory in nature. The location which of the licenses are being moved to
annual license fees collected under this article are the proposed new location. Upon approval of the
declared to be regulatory fees that are collected application,there shall be issued to the licensee a
for the purpose of examination and inspection of license for the new location without the payment
adult entertainment establishments under this of any further fee.
article and the administration thereof.These reg- (b) Change of name. No licensee may change
ulatory fees are in addition to, and not in lieu of, the name of the business located at his licensed
the occupational license taxes imposed by other premises without first giving the city manager 30
sections of the Code of the City of Cape Canaveral. days'notice in writing of such change and without
(Ord. No. 2-96, § 2, 2-20-96) first making payment to the city finance depart-
Editor's note—Ordinance No.2-96,§2,adopted February ment of a change of name fee as set forth in
20, 1996,amended§10-121 to read as set out.Formerly,such
section pertained to term;renewal and derived from§722.34 appendix B to this Code.
of the 1981 Code. (Code 1981, § 722.36; Ord. No. 2-96, § 3, 2-20-96)
Sec. 10-122. Transferability. Sec. 10-124. Suspension.
When a licensee shall have made a bona fide (a) Violations of health, building,zoning or fire
sale of the business which he is licensed under provisions. If a premises licensed under this divi-
this division to conduct,he may obtain a transfer sion is found in violation of a health, building,
of the license issued under this division to the zoning or fire provision of this Code, the appro-
purchaser of the business, but only if, before the priate agency shall notify the licensee of the
Supp.No.3 CD10:18
(41/1110" AMUSEMENTS AND ENTERTAINMENTS § 10-124
violation according to the standard procedures of to the licensee or on the date the lic-
the agency and shall follow its normal agency ensee delivers his license to the city
procedures for correcting the violation and shall manager, whichever comes first.
grant the licensee the right to exhaust applicable b. Employers of adult entertainment es-
administrative remedies. Should the licensee fail tablishments are responsible for the
either to correct the violation or to obtain an acts of their employees. Two violations
administrative reversal of the agency finding,the within a 30-day period by the same
appropriate agency shall notify the city manager, employee, as determined by a jury or
who shall forthwith initiate procedures for sus- other trier of fact, shall result in the
pension of the license. suspension for seven days of the adult
entertainment license of the establish-
(b) Other violations. If a jury or other trier of ment where the employee works or
fact in a court of law finds that a licensee has performs.Upon a third violation by the
violated section 10-162, whether or not an adju- same employee within a period of 90
dication of guilt has been entered, the city man- days from the date of a prior violation,
ager shall forthwith initiate procedures for sus- but not including any time during which
pension of the license. the license was suspended, the license
shall be suspended for four weeks.Upon
(c) Fine or suspension. a fourth violation by the same em-
ployee within a period of 180 days from
(1) Procedure. Upon receiving notice that a the first of three violations, but not
licensee has violated a provision of this including any time during which the
Code, as provided in subsections(a)and(b) license was suspended,the license shall
of this section, the city manager shall sus- be suspended for 180 days. Upon a
pend the license issued for the premises fifth violation by the same employee
where the violation occurred, unless other- within a period of one year from the
wise provided in this subsection, and shall first of five violations, but not includ-
notify the licensee of his action. Notifica- ing any time during which the license
tion shall be by certified mail and shall be was suspended, the license shall be
sent to the address on the license applica- suspended for one year.
tion, which shall be considered the correct c. All periods of suspension shall begin
address. on the 15th day from the date the city
(2) Periods of suspension. manager mails a notice of suspension
a. A single violation by a licensee shall to the licensee or on the date the lic
result in suspension of the adult enter- ensee delivers his license to the city
tainment license for 30 days. Upon a manager, whichever comes first.
second violation within a period of two (3) Surrender of license required. If a licensee,
years from the date of a prior violation, after having been mailed notice of the sus-
but not including any time during which pension of his license in the manner pro-
the license was suspended, the license vided in this subsection, fails to surrender
shall be suspended for 90 days.Upon a his license to the city manager within 15
third violation within a period of two days or fails otherwise to account for the
years from the first of three violations, license to the satisfaction of the city man-
but not including any time during which ager,the period of suspension of the license
the license was suspended, the license shall be extended until and shall not expire
shall be suspended for 180 days. All until a period has elapsed after the date of
periods of suspension shall begin on
(Okiwi the 15th day from the date the city
manager mails a notice of suspension
Supp. No. 3 CD 10:18.1
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Chapter 38
FIRE PREVENTION AND PROTECTION*
Article I. In General
Sec. 38-1. Penalty.
Sec. 38-2. Fire safety fees.
Sec. 38-3. Fire inspectors designated as city code inspectors.
Sec. 38-4. Restriction on storage and dispensing of flammable materials and
liquids.
Sec. 38-5. Restriction on the use of bottled gas;permit required.
Sec. 38-6. Doors to businesses or public halls.
Sec. 38-7. Smoke detectors to have battery backup.
Secs. 38-8-38-25. Reserved.
Article II. Fire Prevention Codes
Sec. 38-26. National Fire Prevention Code-Adopted.
Sec. 38-27. Same-Inspector.
Sec. 38-28. Life Safety Code-Adopted.
Sec. 38-29. Same-Fire inspector.
Sec. 38-30. Standard Fire Prevention Code-Adopted.
Sec. 38-31. Same-Administrative authority or official.
Sec. 38-32. Lockboxes required.
Sec. 38-33. Private entry gates.
Sec. 38-34. Conformance.
Secs. 38-35-38-55. Reserved.
Article III. Fire Department
Sec. 38-56. Composition;fire chief;compensation.
Sec. 38-57. Volunteer fire department.
Sec. 38-58. Duties of fire chief.
Secs. 38-59-38-80. Reserved.
Article IV. Fireworks
Sec. 38-81. Definitions.
Sec. 38-82. Public displays authorized.
Sec. 38-83. Application for permit; fee.
Sec. 38-84. Investigation of applicant; issuance or denial of permit.
Sec. 38-85. Operators.
Sec. 38-86. Insurance.
Sec. 38-87. Storage of materials.
Sec. 38-88. Attending firefighters.
Sec. 38-89. Reserved.
Article V. Hazardous Materials and Substances
Sec. 38-90. Definitions.
Sec. 38-91. Cleanup and abatement.
Sec. 38-92. Reserved.
Sec. 38-93. Cost recovery;penalties;other remedies.
*Cross references-Impact fees,§2-231 et seq.;code enforcement,ch.2,art.VI;alarm systems,§30-26 et seq.;buildings and
building regulations,ch. 82.
State law reference-Fire prevention and control, F.S. ch. 633.
Supp. No. 3 CD38:1
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‘111111110e FIRE PREVENTION AND PROTECTION §38-25
e. Smoke evacuation the effective date of the ordinance from which this
systems 25.00 section derives. In no event shall above-ground
(3) The minimum annual fire inspection storage of liquid petroleum, gasoline, kerosene or
fee shall be$50.00 excluding fees spec- diesel fuel exceed 250 gallons in any residential
ified in paragraphs(d)(1)and(2)above. area of the city.
(Ord. No. 22-94, § 1, 9-6-94)
(4) Individuals or entities sharing one of-
fice or business suite or bay shall be Sec. 38-5. Restriction on the use of bottled
charged a single set of inspection fees. gas; permit required.
(e) Any person who fails to obtain the neces-
sary permits or pay the required inspection (a) Any person who utilizes bottled or tank gas
fee when due shall be liable to the city for as a fuel source for any structure within the city
an amount equal to the required fee as a shall be required to obtain a building permit prior
penalty, in addition to the payment of the to the installation or replacement of any bottle,
fee. tank or other gas storage device. No building
permit shall be issued and no hookup shall occur
(f) Any organization which qualifies for exemp- unless the city fire inspector shall have certified
tion from taxation pursuant to section to the building official that the storage device and
501(c)(3)of the United States Internal Rev- the hookup does not constitute a hazard to the
enue Code of 1986, as amended, shall be residents of the city. This subsection(a) shall not
exempt from the payment of the permit apply to portable cooking devices.
fees imposed by this section.
(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
Coo' 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 used
the enforcement of fire safety codes in force within as gathering places for the public, for any pur-
the city.As code enforcement inspectors, such fire pose, 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- (a) Each smoke detector installed in any struc-
pensing of flammable materials
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 (b) This section shall apply to smoke detectors
the fuel tanks of motor vehicles in any residential installed after September 1, 1994.
area of the city. The provisions of this section (Ord. No. 22 94, § 4, 9-6-94)
shall not apply to above-ground liquid petroleum,
‘11109'. central gas distribution systems for mobile home
parks, as defined in section 110-1,in existence on Secs. 38-8--38-25. Reserved.
Supp. No. 3 CD38:5
§38-26 CAPE CANAVERAL CODE
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ARTICLE II. FIRE PREVENTION CODES* Congress International, Inc., is adopted by refer-
ence as though it were copied in this article in
Sec. 38-26. National Fire Prevention Code— full.
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.
(Code 1981, § 629.01) Sec. 38-31. Same—Administrative authority
Cross reference—Building code, §82-31 et seq. or official.
Whenever the term "administrative authority"
Sec. 38-27. Same—Inspector.
or "official" is used in the code adopted in section
Whenever the term "authority having jurisdic- 38-30, it shall be construed to mean the building
tion" or "official" is used in the code adopted in official of the city or his authorized representa-
section 38-26, it shall be construed to mean the tive.
fire inspector of the city or his authorized repre- (Code 1981, § 621.02)
sentative.
(Code 1981, § 629.03) Sec. 38-32. Lockboxes required.
Sec. 38-28. Life Safety Code—Adopted. (a) Lockboxes are required on structures that
are required to have fire department alarm sys-
The Life Safety Code, 1994 edition, published tems and on multi-family residences having en-
by the National Fire Protection Association, is closed common areas to which the fire depart-
adopted by reference as though it were copied in ment, in an emergency, may need to gain access.
this article in full. The public safety keybox system shall contain
(Code 1981, § 626.01; Ord. No. 12-94, § 1(626.01), keys for elevator return and door opening, eleva-
4-5-94; Ord. No. 25-95, § 1, 9-19-95) tor rooms, fire alarm box room, electrical rooms
Cross references—Unsafe building abatement code, § and any other keys necessary for the fire depart-
82-56 et seq.;housing code, §82-271 et seq. ment to gain access to common areas or through
common areas to individual units. The keybox
Sec. 38-29. Same—Fire inspector. system shall not require keys of individual units.
Whenever the term "authority having jurisdic- (b) The keybox system may be surface mounted
tion" or "official" is used in the code adopted in or flush mounted in an easily accessible location,
section 38-28, it shall be construed to mean the and the fire department shall maintain posses-
fire inspector of the city or its authorized repre- sion of the only key. If locks are changed in any of
sentative as outlined in Florida Statutes. the rooms mentioned in subsection (a) of this
(Code 1981, § 626.03; Ord. No. 12-94, § 2(626.03), section, the fire department shall be notified
4-5-94) immediately. All keybox systems must be ap-
proved by the fire chief.
Sec. 38-30. Standard Fire Prevention Code— (Code 1981, § 621.03)
Adopted.
Sec. 38-33. Private entry gates.
The Standard Fire Prevention Code, 1994 edi-
tion, published by the Southern Building Code 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. 3 CD38:6
FIRE PREVENTION AND PROTECTION §38-55
‘111/001
(2) The private entry gates shall be siren acti-
vated for emergency vehicles.
(3) Private entry gates shall provide for access
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 entry 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)
Secs. 38-35-38-55. Reserved.
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Chapter 54
PARKS AND RECREATION*
Article I. In General
Sec. 54-1. Glass containers prohibited.
Sec. 54-2. Park hours.
Secs. 54-3-54-25. Reserved.
Article II. Recreation Board
Sec. 54-26. Established.
Sec. 54-27. Vacation of office.
Sec. 54-28. Duties.
Sec. 54-29. Indebtedness.
Secs. 54-30-54-45. Reserved.
Article III. Vessel Control and Water Safety
Sec. 54-46. Purpose and findings.
Sec. 54-47. Definitions.
Sec. 54-48. Area of enforcement.
Sec. 54-49. Means of enforcement.
Sec. 54-50. Careful and prudent operation required.
Sec. 54-51. Speed not to be greater than what is reasonable under the
LIIPeconditions.
Sec. 54-52. Designation of areas of regulated water activities.
Sec. 54-53. Procedure for designating additional areas of regulated water
activities.
Sec. 54-54. Exemptions.
Sec. 54-55. Penalties.
*Cross references—Impact fees, § 2-231 et seq.; possession of alcoholic beverages on streets, alleys, sidewalks and parking
areas restricted,§6-51;possession or consumption of alcoholic beverages in parks and recreation areas prohibited,§6-52;outdoor
entertainment, § 10-46 et seq.; regulations regarding sea turtles, § 14-51 et seq.;litter, § 34-26 et seq.;dedicated public lands, §
110-476.
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PARKS AND RECREATION §54-28
ARTICLE I. IN GENERAL (c) Each board member shall be a resident of
the city for at least 12 months immediately pre-
Sec. 54-1. Glass containers prohibited. ceding appointment. Each board member shall be
a registered voter.
It shall be unlawful for any person to take onto
a city park or ocean beach or to have in his (d) The two alternates shall be restricted from
possession on a city park or dune crossover any voting, except as specified in subsection(f)of this
glass bottle, drinking glass or other glass con- section.
tainer. (e) The two alternate members shall, when
(Code 1981, § 606.05) appointed by the city council, be designated as
Cross reference—Waterways, ch. 106. first and second alternate members.At such time
as the first alternate member loses his alternate
Sec. 54-2. Park hours. status by leaving the board or by appointment as
a regular board member, the first alternate board
Except for city approved scheduled park activ- member shall be the alternate board member
ities, all city parks shall be closed during the with the longer service as an alternate board
hours of 9:00 p.m. to 7:00 a.m. The use of any member.The next appointed alternate board mem-
parks during closed hours by an individual or ber shall be designated as the second alternate
organization shall be expressly prohibited. Any board member.
person who knowingly violates any provision of
this section shall, upon conviction, be punished (f) In the absence of a regular board member
according to law and shall be subject to a fine not from an official board meeting,the first alternate
exceeding the sum of$500.00 or imprisonment in board member shall assume all duties of the
Luro? the county jail for a period not exceeding 60 days, absent regular member, including the right to
or both such fine and imprisonment. vote on any matter before the board. If two or
(Ord. No. 10-96, § 1, 6-18-96) more regular board members are absent from a
board meeting,the second alternate member shall
Secs. 54-3-54-25. Reserved. assume all the duties of an absent regular mem-
ber, including the right to vote on any matter
before the board at that meeting. In the absence
of the first alternate board member from an
ARTICLE II. RECREATION BOARD* official board meeting,the second alternate board
member shall act in the place of the absent first
Sec. 54-26. Established. alternate, including the right to vote on all mat-
ters before the board at that meeting.
(a) There is created a recreation board to con- (Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94)
sist of seven members and two alternate mem-
bers. Such membership shall serve at the plea- Sec. 54-27. Vacation of office.
sure of the city council and shall be appointed for
two-year terms by the city council. The terms Any member of the recreation board missing
shall expire in the month of October of each year. three consecutive meetings or 50 percent of the
meetings in a 90-day period without due notifica-
(b) Within 30 days after the appointment of the tion to the recreation board may be automatically
board,the board shall have an organization meet- dropped from the board with council approval.
ing, at which time the board shall elect its chair-
man and any other officers whom it may desig- Sec. 54-28. Duties.
nate. The chairman shall serve for a one-year The recreation board shall advise the council on
term and the board shall elect its chairman anmatters pertaining to public parks and recreation
nually at its regular meeting in November. and shall serve in such other similar matters as
cooe *Cross reference—Boards, committees, commissions, § the council may direct.
2-171 et seq. (Code 1981, § 255.02)
Supp. No. 3 CD54:3
§54-29 CAPE CANAVERAL CODE
Sec. 54-29. Indebtedness. number, and the words in the singular number
include the plural number. The word "shall" is
The recreation board shall not incur any debts always mandatory and not merely directory.
or enter into any contracts or obligations which (Ord. No. 14-95, § 1, 8-15-95)
would be enforceable against the city,unless prior
approval has been obtained from the city council.
(Code 1981, § 251.05) Sec. 54-48. Area of enforcement.
Secs. 54-30-54-45. Reserved. The area of enforcement of the provision of this
article shall be the Atlantic Ocean and Banana
River located within Cape Canaveral, Florida.
ARTICLE III. VESSEL CONTROL AND (Ord. No. 14-95, § 1, 8-15-95)
WATER SAFETY
Sec. 54-49. Means of enforcement.
Sec. 54-46. Purpose and findings.
(a) The purpose of this article shall be to pro- The provision of this article shall be enforced by
mote safety in and between boating, swimming members of all duly authorized law enforcement
and other water related activities in the city. agencies within the city.
(Ord. No. 14-95, § 1, 8-15-95)
(b) The city does hereby declare that the public
health, safety and welfare of the citizens of the Sec. 54-50. Careful and prudent operation
city and others requires designation of specific
areas within which the operation of vessels may required.
be regulated or prohibited.
(Ord. No. 14-95, § 1, 8-15-95) Every person operating any vessel in or under
any waters within the area of enforcement as set
Sec. 54-47. Definitions. forth above shall do so in a careful and prudent
manner, taking into consideration the weather
For the purposes of this article, the following conditions and range of visibility, water turbu-
terms,phrases,words and derivations shall have lence,proximities to fishermen,bathers,waterski-
the meaning given herein: ers,divers and other boats and watercraft,and all
Bather means any person who is in the same other attendant circumstances so as not to endan-
body of water as a vessel,whether such person is ger the life, limb or property of any person.
Failure to operate a vessel in such a careful and
swimming,wading or engaged in any other activ-
ity in the water. prudent manner shall constitute careless boating
in violation of this article.
Idle speed means the lowest speed at which a (Ord. No. 14-95, § 1, 8-15-95)
vessel can operate and maintain steering control.
Operate means to navigate or otherwise use any Sec. 54-51. Speed not to be greater than what
vessel in or on the water. is reasonable under the condi-
tions.
Person means any individual,partnership,firm,
corporation, association or other entity. Nothing contained in this article shall be con-
Vessel means a motor-propelled watercraft, in- strued to authorize or approve any speed greater
cluding a personal watercraft or jet skis. than is reasonable and proper in consideration of
local conditions, other water traffic, fishermen,
When not inconsistent with the context, words waterskiers or bathers in the area, or other haz-
used in the present tense include the future, ards.
words in the plural number include the singular (Ord. No. 14-95, § 1, 8-15-95)
Supp.No. 3 CD54:4
PARKS AND RECREATION § 54-55
‘10111111001
Sec. 54-52. Designation of areas of regu- under this article, shall, upon conviction, be pun-
lated water activities. ished according to law and shall be subject to a
fine not exceeding the sum of$500.00 or impris-
All waters within 300 feet offshore from all onment in the county jail for a period of not
beaches and shorefront bathing areas or shoreline exceeding 60 days, or both such fine and impris-
of the Banana River,whether or not so designated onment.
with appropriate signs are hereby designated as (Ord. No. 14-95, § 1, 8-15-95)
areas of regulated water activities.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-53. Procedure for designating addi-
tional areas of regulated water
activities.
By ordinance, the city council may designate
additional specific areas as an "area of regulated
water activities" as described in section 54-52. In
designating such areas,the city council shall hear
all testimony presented and make a finding that
the designation is necessary for the safety and/or
welfare of the citizens of the city. Upon the adop-
tion of such an ordinance, the city shall publish
the ordinance one time in a newspaper of general
Lire circulation in the county after which the designa-
tion of the area shall be complete and binding.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-54. Exemptions.
(a) The provisions of this article shall not be
construed to prohibit the running of racing or
exhibition boats during a publicly announced,
properly authorized by the appropriate govern-
mental body,supervised and adequately patrolled
regatta or speed trial or exhibitions.
(b) Florida Marine Patrol rescue craft, Coast
Guard rescue craft,the county sheriff patrol craft
and craft operating under emergency conditions
shall be exempted from the provisions of this
article while performing their official duties or
operating in an emergency.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-55. Penalties.
Any person who knowingly violates any provi-
sion of this article, including refusal to allow a
law enforcement officer to make an inspection
Supp. No. 3 CD54:5
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Chapter 66
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Article I. In General
Secs. 66-1-66-25. 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
LiveDivision 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.
Lope 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. 3 CD66:1
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STREETS,SIDEWALKS AND OTHER PUBLIC PLACES §66-36
‘11110?
ARTICLE I. IN GENERAL In addition, citizens may petition the city coun-
cil for the construction of a speed hump on a
Secs. 66-1-66-25. Reserved. public street if the applicant can demonstrate
that a definable hazard will be diminished by its
installation. No such request shall be considered
ARTICLE II. STREETS* unless it is accompanied by a petition signed by at
least 75 percent of the adjacent residents in the
affected block. Nothing herein shall abrogate the
DIVISION 1. GENERALLY right of the city from erecting a speed hump on
any city street should the city deem it necessary.
Sec. 66-26. Civil liability for damage. (Ord. No. 14-96, § 1, 8-20-96)
Any person is civilly liable to the city for the
actual damage to a street in the city because of his Secs. 66-28--66-35. Reserved.
negligent or wrongful act. Costs to repair the
damage may be recovered by suit, including rea-
sonable attorneys' fees, in the collection of the DIVISION 2. ABANDONMENT
costs to repair the damage.
(Code 1981, § 501.07)
Sec. 66-36. Authority.
Sec. 66-27. Speed bumps.
The city council,with respect to property under
The use of speed bumps on private or public its control, may in its own discretion and of its
Lieri roadways or driveways within the city is hereby own motion or upon the request of any agency of
expressly prohibited. Every speed bump lawfully the state, county or of the federal government or
permitted at the time of the adoption of this upon petition of any person is authorized and
chapter which violates or does not conform to this empowered to:
chapter shall be allowed to remain until such time (1) Vacate,abandon,discontinue and close any
as they are, in the opinion of the fire chief or his existing public street, alleyway,road,high-
designee, worn out or the pavement or surface of way or other place used for travel or any
the public or private roadway is being repaved or portion thereof, other than a state, county
repaired. Speed humps shall be permitted within or federal highway or road,and to renounce
the private and public roadways of the city, pro- and disclaim any right of the city and the
vided they meet the following requirements: public in and to any land in connection
(1) They must be constructed to a minimum of therewith;
12 feet in width from front to back in (2) Renounce and disclaim any right of the city
direction of traffic, increasing in height and the public in and to any land or inter-
provided that it shall not exceed three est therein acquired by purchase, gift, de-
inches in height at its center. vise, dedication or prescription for street,
(2) Plans depicting the speed hump must be alleyway, road or highway purposes, other
submitted and preapproved by the fire de- than lands acquired for state, county and
partment before installation. federal highways; and
(3) A sign warning of the speed hump shall be (3) Renounce and disclaim any right of the city
erected pursuant to the state department and the public in and to land, other than
of transportation requirements. land constituting or acquired for a state,
county or federal highway, delineated on
*Cross references—Sweeping litter into gutters prohib- any recorded map or plat as a street, alley-
ited, § 34-31; traffic and vehicles, ch. 74; truck routes estab-
lished, § 74-30; stormwater management, § 90-116 et seq.; way, road or highway.
visibility requirements at intersections,§ 110-469. (Code 1981, § 501.05(A))
Supp. No. 3 CD66:3
§66-37 CAPE CANAVERAL CODE
J
Sec. 66-37. Petition for action. Sec. 66-62. Liability of city.
The request for abandonment of any street by This article shall not be construed as imposing
any agency of the state, county or of the United upon the city or any official or employee any
States or of any person to the city council to take liability or responsibility for damages to any per-
action shall be in writing and shall be by petition son injured by the performance of any excavation
on a form provided by the city.
(Code 1981, § 501.06) work for which an excavation permit is issued
under this article nor shall the city or any official
Sec. 66-38. Petition procedure. or employee thereof be deemed to have assumed
any such liability or responsibility because of
(a) The petition for requests for abandonment inspections authorized under this article, the is-
of city streets shall be filed with the city clerk. suance of any permit or the approval of any
The petition is reviewed by the planning and excavation work.
zoning board. The planning and zoning board (Code 1981, § 727.13)
shall issue a recommendation.
(b) The planning and zoning board's recommen- Sec. 66-63. Inspections.
dation shall be presented to the city council for
review. The city council shall review the recom- The city shall make such inspections as are
mendation and approve or disapprove the peti- reasonably necessary in the enforcement of this
tion. article.
(Code 1981, § 501.07) (Code 1981, § 727.10)
Sec. 66-39. Ordinance required. Sec. 66-64. Authority of city.
Before any such street shall be closed and
vacated or before any right of interest or the city Under this article, the city shall have the au-
or public in any land delineated on any recorded thority to:
map or plat as a street shall be renounced and (1) Require offstreet dirt storage;
disclaimed, the city council shall adopt an ordi- (2) Prohibit street cuts during busy seasons;
nance. The ordinance shall be recorded in the
records of the county. (3) Determine the size and length of the cut;
(Code 1981, § 501.06) and
(4) Prohibit cuts on new pavement.
Secs. 66-40--66-60. Reserved. (Code 1981, § 727.12)
ARTICLE III. EXCAVATIONS* Sec. 66-65. Method of installation.
All installations under or across paved streets
DIVISION 1. GENERALLY or roads shall be made by boring and jacking, if
possible. Installation by open cut will be allowed
Sec. 66-61. Penalty. by special permission of the city manager. Any
person who receives an adverse decision of the
Any person violating this article shall, upon city manager may appeal such decision to the city
conviction, for each offense be punished as pro- council. All materials and workmanship shall
vided in section 1-15. conform to requirements established by the city,
(Code 1981, § 727.14) which will be available from the city manager or
"'Cross references—Utilities,ch.78;excavation and grad-
his designee.
ing code adopted,§82-296 et seq.;stormwater management,§ (Code 1981, § 727.03; Ord. No. 18-92, § 1(727.03),
90-116 et seq. 10-6-92)
Supp. No. 3 CD66:4
STREETS,SIDEWALKS AND OTHER PUBLIC PLACES § 66-82
(6110e
Sec. 66-66. Engineering details. Sec. 66-70. Emergencies.
(a) An engineering detail for boring and jack- If unusual traffic conditions or excavation of a
ing under a typical section of pavement of any major artery requires that the excavation work be
street within the city is on file and made a part of performed as emergency work,the city shall have
this article by reference. full power to order, at the time the permit is
granted, that a crew of men and adequate facili-
(b) An engineering detail for the pavement ties be employed by the permittee 24 hours a day
replacement of a typical section of any open cut of to the end that such excavation work may be
a city street is on file and made a part of this completed as soon as possible. If emergency con-
article by reference. ditions create an immediate hazard to life or
(Code 1981, § 727.11) property, corrective procedures may be com-
menced without the securing of a permit as re-
quired by this article, provided such permit is
Sec. 66-67. Guarantee. secured at the earliest practicable time after
commencement of the work.
Under this article, it shall be the duty of the (Code 1981, § 727.09)
permittee to guarantee and maintain the site of
the excavation work free from defects caused by Secs. 66-71—.66-80. Reserved.
the excavation for one year after restoring it to its
original condition.
(Code 1981, § 727.04) DIVISION 2. PERMIT
Sec. 66-81. Required.
Lare Sec. 66-68. Cleanup.
It shall be unlawful for any person to dig up,
As the excavation work progresses, all streets break, excavate,tunnel,jet,bore and jack,under-
and private properties shall be thoroughly cleaned mine or in any manner break up any street,
of all rubbish, excess earth,rock and other debris highway, sidewalk or other public way or public
resulting from such work.All cleanup operations grounds or to make or cause to be made any
at the location of such excavation shall be accom- excavation in or under the surface of any street
plished at the expense of the permittee and shall for any purpose or to place, deposit or leave upon
be completed to the satisfaction of the city but any street any earth or other excavated material
shall be limited to the original condition of the obstructing or tending to interfere with the free
street at the time of excavation. use of the street, unless such person shall first
(Code 1981, § 727.07) have obtained a permit from the city.
(Code 1981, § 727.01)
Sec. 66-69. City's right to restore surface. Sec. 66-82. Application.
If the permittee fails to restore the surface of The city may require plans and drawings to
the street to its original and proper condition accompany the application for an excavation per-
upon the expiration of the time fixed by such mit.No excavation permit shall be issued unless a
permit or otherwise fails to complete the excava- written application for the issuance of an excava-
tion work covered by such permit, the city, if it tion permit is submitted to the city. The written
deems it advisable, shall have the right to do all application shall state the name and address of
work and things necessary to restore the street the applicant;the nature,location and purpose of
and to complete the excavation work.The permit- the excavation; the proposed date of commence-
tee shall be liable for the actual cost thereof and ment and date of completion of the excavation;
25 percent of such cost, in addition, for general and other data as may reasonably be required by
overhead and administrative expenses. the city.
Lorle (Code 1981, § 727.08) (Code 1981, § 727.02)
Supp. No. 3 CD66:5
§66-83 CAPE CANAVERAL CODE
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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
forth in appendix B to this Code, and the person
so depositing shall not be required to make the
special deposits provided in this section but shall,
however, be required to comply with all other
applicable sections of this article. Any special or
general deposit made under this section shall
serve as security for the repair and performance
of work necessary to put the street in as good
condition as it was prior to the excavation, if the
permittee fails to make the necessary repairs or
to complete the proper refilling of the opening and
the excavation work under the excavation permit.
(b) Upon the permittee's completion of the work
covered by such permit in conformity with this
article, as determined by the city, except in the
case of a general deposit, the balance shall be
refunded by the city to the permittee upon the
expiration of a 12-month period.However,the city
may use any or all of such deposit to pay the cost
of any work the city performs to restore or main-
tain the street if the permittee fails to perform
such work,in which event the amount refunded to
the permittee shall be reduced by the amount
thus expended by the city.
(Code 1981, § 727.06)
Supp.No. 3 CD66:6
BUILDINGS AND BUILDING REGULATIONS §82-84
L
driveways, parking areas, shuffleboard courts, whether or not that alteration affects the external
tennis courts, handball courts, racquetball courts dimensions of the structure. The term does not,
and other uncovered paved areas; earth retaining however, include either any project for improve-
walls; sand fences, privacy fences, ornamental ment of a structure to comply with existing state
walls,ornamental garden structures,aviaries and or local health, sanitary or safety code specifica-
other ornamental construction. It shall be a char- tions which are solely necessary to ensure safe
acteristic of minor structures that they are con- living conditions or any alterations of a structure
sidered to be expendable under design wind,wave listed on the National Register of Historic Places
and storm forces. or the state inventory of historic places.
Mobile home means a structure as defined in (Code 1981, § 612.11; Ord. No. 8-96, § 1, 6-18-96)
Cross reference—Definitions and rules of construction
F.S. § 553.36(12). generally, § 1-2.
Nonhabitable major structure includes but is
not limited to swimming pools; parking garages; Sec. 82-82. Scope.
pipelines; piers; canals, lakes, ditches, drainage This article shall constitute the coastal construe-
structures and other water-retention structures; tion code for construction within the city.
water and sewage treatment plants; electrical (Code 1981, § 612.01)
power plants,transmission and distribution lines,
transformer pads, vaults and substations; roads,
bridges, streets and highways; and underground Sec. 82-83. Purpose.
storage tanks.
The purpose of the coastal construction code is
NGVD means National Geodetic Vertical Da- to provide minimum standards for the design and
turn,a geodetic datum established by the national construction of buildings and structures to reduce
Loof ocean service and frequently referred to as the the harmful effects of hurricanes and other severe
1929 mean sea level datum. storms occurring along the coastal area of the city
which fronts the Atlantic Ocean.These standards
100-year storm means a shore incident hurri- are intended to specifically address design fea-
cane or any other storm with accompanying wind, tures which affect the structural stability of the
wave and storm surge intensity having a one beach, dunes and topography of adjacent proper-
percent chance of being equalled or exceeded in ties. The coastal construction code is site specific
any given year, during any 100-year interval. to the coastal building zone and is not applicable
Seasonal high-water line means the line formed to other locations. If a conflict occurs between this
by the intersection of the rising shore and the article and other sections of this Code,the require-
elevation of 150 percent of the local mean tidal ments resulting in more restrictive design shall
range above mean high water. apply. No section in this article shall be construed
to permit any construction in any area prohibited
State minimum building code means the build- by city, county, state or federal regulation.
ing code referred to in section 82-31. (Code 1981, § 612.03)
Substantial improvement means any repair,
reconstruction or improvement of a structure,the Sec. 82-84. Applicability.
cost of which equals or exceeds a cumulative total
of 50 percent of the market value of the structure, The coastal construction code shall apply to the
either (i) before the repair or improvement is following types of construction in the coastal
started, or(ii) if the structure has been damaged building zone and on coastal barrier islands in the
and is being restored, before the damage oc- city:
curred. For the purposes of this definition, sub- (1) The new construction of or substantial im-
stantial improvement is considered to occur when provement to major structures, nonhabit-
the first alteration of any wall, ceiling, floor or able major structures and minor struc-
Loe other structural part of the building commences, tures.
Supp. No. 3 CD82:9
§82-84 CAPE CANAVERAL CODE
J
(2) Construction which would change or other- or usual design, shall be required by the building
wise have the potential for substantial im- official to be certified by an architect or profes-
pact on coastal zones,i.e.,excavation,grad- sional engineer registered in the state. Such cer-
ing, paving. tifications shall state that the design plans and
(3) Construction located partially within the specifications for the construction are in compli-
coastal building zone. ance with the criteria established by this article.
(Code 1981, § 612.09)
(4) Reconstruction,redevelopment or repair of
a damaged structure from any cause which Sec. 82-87. Coastal construction require-
meets the definition of substantial improve- ments.
ment.
(Code 1981, § 612.05) Construction within the coastal building zone
shall meet the requirements of this article. All
Sec. 82-85. Exceptions. structures shall be designed to minimize damage
This article shall not apply to the following: to life, property and the natural environment.
(1) Minor work in the nature of normal beach Assistance in determining the design parameters
cleaning and debris removal. to minimize such damage may be found in the
reference documents listed in section 82-94.
(2) Structures in existence prior to the effec- (Code 1981, § 612.13)
tive date of the ordinance from which this
article is derived, except for substantial Sec. 82-88. Structural requirements for ma-
improvements. jor structures.
(3) Construction for which a valid and unex- (a) Design and construction. Major structures,
pired building permit was issued prior to except for mobile homes, shall be designed and
the effective date of the ordinance from constructed in accordance with section 1205 of the
which this section is derived. building code adopted in section 82-31 using a
(4) Construction extending seaward of the sea- fastest-mile wind velocity of 110 miles per hour.
sonal high-water line which is regulated by Major structures,except mobile homes, shall also
F.S. § 161.041, i.e., groins, jetties, moles, comply with the applicable standards for construc-
breakwaters, seawalls, piers, revetments, tion found elsewhere in this Code.
beach nourishment, inlet dredging, etc. (b) Mobile homes. Mobile homes shall conform
(5) Construction of nonhabitable major struc- to the federal mobile home construction and safety
tures, except for the requirements of sec- standards or the Uniform Standards Code ANSI
tion 82-90. A-119.1, pursuant to F.S. § 320.823, as well as
(6) Construction of minor structures, except subsection (c) of this section.
for the requirements of section 82-91. (c) Elevation, floodproofing and siting. All ma-
(7) Structures listed in the National Register jor structures shall be designed, constructed and
of Historic Places or the state inventory of located in compliance with the national flood
historic places. insurance regulations as found in 44 CFR 59 and
60 or section 90-26 et seq. pertaining to flood
(8) Construction for improvement of a major damage prevention, whichever is more restric-
structure to comply with state or local tive.
health, sanitary or safety code specifica- (Code 1981, § 612.15)
tions which are solely necessary to ensure
safe living conditions.
(Code 1981, § 612.07)
Sec. 82-86. Application for permits.
Applications for building permits for construc-
tion in the coastal building zone, if not of normal
Supp. No. 3 CD82:10
ZONING ORDIANANCE
Through Supplement. 3
1996
Chapter 110
ZONING*
Article I. In General
Sec. 110-1. Definitions.
Secs. 110-2-110-25. Reserved.
Article II. Board of Adjustment
Division 1. Generally
Sec. 110-26. Established; composition; qualifications.
Sec. 110-27. Proceedings.
Sec. 110-28. Powers and duties.
Sec. 110-29. Administrative review.
Sec. 110-30. Indebtedness.
Sec. 110-31. Applicants for special exceptions or variances.
Sec. 110-32. Decisions.
Sec. 110-33. Reconsideration of administrative review, special exception or
variance.
Sec. 110-34. Violation of conditions of special exception or variance.
Sec. 110-35. Appeals from board.
Secs. 110-36-110-45. Reserved.
Division 2. Special Exceptions
Sec. 110-46. Application;procedures.
Sec. 110-47. Written findings certifying compliance.
Sec. 110-48. Expiration.
Secs. 110-49-110-60. Reserved.
Division 3. Variances
Sec. 110-61. Variance.
Sec. 110-62. Applications; procedures.
Secs. 110-63-110-85. Reserved.
Article III. Administration and Enforcement
Division 1. Generally
Sec. 110-86. Conflicts with other ordinances.
Sec. 110-87. Enforcement of chapter.
Sec. 110-88. Duties of building official.
Sec. 110-89. Penalties for violation.
Sec. 110-90. Complaints of violations.
Sec. 110-91. Conformity to plans, specifications, intended uses and applica-
tions.
Sec. 110-92. Schedule of fees,charges and expenses.
Secs. 110-93-110-105. Reserved.
*Cross references-Possession of alcoholic beverages on streets,alleys,sidewalks and parking areas restricted,§6-51;outdoor
entertainment, § 10-46 et seq.; adult entertainment, § 10-86 et seq.; businesses, ch. 16; community development, ch. 22;
environment,ch. 34;noise, §34-151 et seq.; planning, ch. 58; coastal construction code,§ 82-81 et seq.;floods, ch. 90.
Supp. No. 3 CD110:1
CAPE CANAVERAL CODE
Division 2. Permits
Sec. 110-106. Required.
Sec. 110-107. Application.
Sec. 110-108. Expiration.
Secs. 110-109-110-120. Reserved.
Division 3. Certificate of Occupancy
Sec. 110-121. Required.
Sec. 110-122. Hotels and motels.
Secs. 110-123-110-135. Reserved.
Division 4. Amendments and Rezonings
Sec. 110-136. Authority.
Sec. 110-137. Procedure.
Sec. 110-138. Limitations.
Sec. 110-139. Reconsideration of district boundary changes.
Secs. 110-140-110-160. Reserved.
Article N. Special Exceptions
Division 1. Generally
Sec. 110-161. Structures and uses approved by special exception.
Secs. 110-162-110-170. Reserved
Division 2. Alcoholic Beverages
Sec. 110-171. Establishments serving alcoholic beverages.
Secs. 110-172-110-190. Reserved.
Article V. Nonconformities
Sec. 110-191. Intent.
Sec. 110-192. Mobile home parks and single-family mobile home districts.
Sec. 110-193. Nonconforming structures.
Sec. 110-194. Nonconforming uses of land.
Sec. 110-195. Nonconforming uses of structures or of structures and premises
in combination.
Sec. 110-196. Repairs and maintenance.
Sec. 110-197. Temporary uses.
Secs. 110-198-110-220. Reserved.
Article VI. Site Plans
Sec. 110-221. Submittal and review required.
Sec. 110-222. Criteria required.
Sec. 110-223. Review procedures.
Sec. 110-224. Expiration.
Secs. 110-225-110-245. Reserved.
Article VII. Districts
Division 1. Generally
Sec. 110-246. Official zoning map-Adopted.
Supp. No. 3 CD110:2
ZONING
Sec. 110-247. Same—Replacement.
Sec. 110-248. Rules for interpretation of district boundaries.
Sec. 110-249. Application of district requirements.
Sec. 110-250. Conformity.
Sec. 110-251. Structure height,maximum units,lot area,setbacks.
Sec. 110-252. Duplicate use of setbacks,open space,parking space.
Sec. 110-253. Reuse of area used for density calculations.
Sec. 110-254. Dimension or area reduction below minimum.
Sec. 110-255. Lot and street requirements for structures.
Sec. 110-256. Zoning classification of annexations.
Sec. 110-257. Unusual uses or uses not specifically permitted.
Secs. 110-258-110-270. Reserved.
Supp. No. 3 CD110:2.1
ZONING
Division 2. R-1 Low Density Residential District
Sec. 110-271. Intent.
Sec. 110-272. Principal uses and structures.
Sec. 110-273. Accessory uses and structures.
Sec. 110-274. Special exceptions permissible by board of adjustment.
Sec. 110-275. Prohibited uses and structures.
Sec. 110-276. Area and dimensions.
Sec. 110-277. Minimum setbacks.
Sec. 110-278. Offstreet parking and access.
Secs. 110-279-110-290. Reserved.
Division 3. R-2 Medium Density Residential District
Sec. 110-291. Intent.
Sec. 110-292. Principal uses and structures.
Sec. 110-293. Accessory uses and structures.
Sec. 110-294. Special exceptions permissible by board of adjustment.
Sec. 110-295. Prohibited uses and structures.
Sec. 110-296. Area and dimension.
Sec. 110-297. Minimum setbacks.
Sec. 110-298. Offstreet parking and access.
Secs. 110-299-110-310. Reserved.
Division 4. R-3 Medium Density Residential District
Sec. 110-311. Intent.
Sec. 110-312. Principal uses and structures.
Sec. 110-313. Accessory uses and structures.
Sec. 110-314. Special exceptions permissible by board of adjustment.
Sec. 110-315. Prohibited uses and structures.
Sec. 110-316. Area and dimensions.
Sec. 110-317. Minimum setbacks.
Sec. 110-318. Offstreet parking and access.
Sec. 110-319. Minimum breeze requirement.
Sec. 110-320. Dune crossovers required.
Secs. 110-321-110-330. Reserved.
Division 5. C-1 Low Density Commercial District
Sec. 110-331. Intent.
Sec. 110-332. Principal uses and structures.
Sec. 110-333. Accessory uses and structures.
Sec. 110-334. Special exceptions permissible by board of adjustment.
Sec. 110-335. Prohibited uses and structures.
Sec. 110-336. Area and dimensions.
Sec..110-337. Minimum setbacks.
Sec. 110-338. Landscaping, screening and parking.
Sec. 110-339. Offstreet parking and access.
Secs. 110-340-110-350. Reserved.
Division 6. M-1 Light Industrial and Research and Development District
Sec. 110-351. Intent.
Sec.. 110-352. Principal uses and structures.
Sec. 110-353. Accessory uses and structures.
Sec. 110-354. Special exceptions permissible by board of adjustment.
Sec. 110-355. Prohibited uses and structures.
Sec. 110-356. Area and dimensions.
Sec. 110-357. Minimum setbacks.
Sec. 110-358. Landscaping, screening and parking.
Sec. 110-359. Performance standards.
Sec. 110-360. Parking and loading.
Secs. 110-361-110-370. Reserved.
CD 110:3
CAPE CANAVERAL CODE
Division 7. Townhouses
Sec. 110-371. Permitted use.
Sec. 110-372. Area and dimensions.
Sec. 110-373. Minimum setbacks.
Sec. 110-374. Offstreet parking.
Sec. 110-375. Utilities.
Sec. 110-376. Preservation of trees.
Sec. 110-377. Individually platted lots.
Sec. 110-378. Building permit.
Sec. 110-379. Development schedule.
Secs. 110-380-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
Sec. 110-404. Common open space, drainage systems, private roads and other
related common facilities.
Sec. 110-405. Physical review.
Sec. 110-406. Building permit.
Sec. 110-407. Bonding.
Sec. 110-408. Termination zone.
Sec. 110-409. Enforcement.
Secs. 110-410-110-420. Reserved.
Division 2. Development Plans
Sec. 110-421. Application.
Sec. 110-422. Procedure for receiving approval of preliminary development plan
and tentative zoning.
Sec. 110-423. Procedure for approval of final development plan.
Secs. 110-424-110-435. Reserved.
Division 3. Land Use Regulations
Sec. 110-436. Minimum size.
Sec. 110-437. Maximum density.
Sec. 110438. Minimum common recreation and open space.
Sec. 110-439. Minimum lot area; frontage; setbacks; accessory uses.
Sec. 110-440. Maximum length of structures.
Sec. 110-441. Minimum floor area.
Sec. 110-442. Offstreet parking.
Sec. 110-443. Underground utilities.
Sec. 110-444. Development standards.
Sec. 110-445. Preservation of trees.
Secs. 110-446-110-465. Reserved.
Article Ix Supplementary District Regulations
Division 1. Generally
Sec. 110-466. Application of performance standards.
Sec. 110-467. Garage sales.
Sec. 110-468. Accessory structures.
Sec. 110-469. Visibility at intersections.
Sec. 110-470. Fences, walls and hedges.
Sec. 110-471. Exceptions to height regulations.
Sec. 110-472. Access.
Sec. 110-473. Minimum width of courts.
CD 110:4
ZONING
Sec. 110-474. Water areas.
Sec. 110-475. Sidewalks required.
Sec. 110-476. Dedicated public land.
Sec. 110-477. Dedicated public easement.
Sec. 110-478. Earth station antennas.
Sec. 110-479. Sewage disposal.
Sec. 110-480. Atomic energy uses.
Sec. 110-481. Building required for commercial uses.
Secs. 110-482-110-490. Reserved.
Division 2. Offstreet Parking
Sec. 110.491. Number of spaces required.
Sec. 110492. Location of spaces.
Sec. 110-493. Access.
Secs. 110-494-110-505. Reserved.
Division 3. Offstreet Loading
Sec. 110-506. Requirements.
Sec. 110-507. Location and dimensions of space.
Secs. 110-508-110-520. Reserved.
Division 4. Home Occupations
Sec. 110-521. Permitted home occupations.
Sec. 110-522. Requirements.
Sec. 110-523. Occupational license required.
Secs. 110-524-110-535. Reserved.
Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Sec. 110-538. Encroachments.
Secs. 110-539-110-550. Reserved.
Division 6. Vehicles and Vessels
Sec. 110-551. Location of recreational vehicles, camping equipment, boats and
boat trailers.
Sec. 110-552. Living aboard boats.
Sec. 110-553. Living or residing in automotive vehicles.
Sec. 110-554. Parking and storage of certain vehicles.
Sec. 110-555. Paving of vehicular use areas.
Secs. 110-556-110-565. Reserved.
Division 7. Landscaping and Vegetation
Sec. 110-566. Landscaping and screening for commercial and industrial zoning
districts.
Sec. 110-567. Interior landscaping for offstreet parking areas.
Sec. 110-568. Preservation of trees in all districts.
Secs. 110-569-110-580. Reserved.
Division 8. Swimming Pools
Sec. 110-581. Construction and location.
Sec. 110-582. Enclosure.
Sec. 110-583. Accessories.
Sec. 110-584. Minimum setbacks.
CD 110:5
ZONING § 110.1
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Access easement. See the definition of "utility
access easement."
Accessory use means a use or structure on the
same lot with and of a nature customarily inci-
dental and subordinate to the principal use or
structure.
Adult congregate living facilities means the same
as defined by F.S. § 400.402.
Alcoholic beverage means the same as defined
by F.S. § 561.01(4)(a).
Alley means any public or private right-of-way
set aside for secondary public travel and servicing
which is less than 30 feet in width.
Apartment. See the definition of "dwelling,
multiple -family."
Apartment hotel means a building designed for
or containing both apartments and individual
guestrooms or rental units, under resident super-
vision, and which maintains an inner lobby
through which all tenants must pass to gain ac-
cess to apartments, rooms or units.
Approved structure means that which is built or
constructed or an edifice or building of any kind
in whicji collected nonhazardous material may be
stored.
Automotive repair facilities includes allmechan-
ical engine overhaul or repair and bodywork and
painting of automotive vehicles.
Automotive vehicle means any self-propelled ve-
hicle or conveyance designed and used for the pur-
pose of transporting or moving persons, animals,
freight, merchandise or any substance. The term
shall include passenger cars, trucks, buses, motor
homes, motorcycles, scooters and station wagons,
but shall not include tractors, construction equip-
ment or machinery or any device used for per-
forming a job, except as stated in this definition.
Awning means a detachable, rooflike cover, sup-
ported by the walls of a building for protection
from sun or weather.
Block means the area between two adjacent
streets or if no streets are present an area not to
exceed 600 feet in length or width.
Bottle club means a membership composed of a
group of people which permits the consumption of
alcoholic beverages on a premises without charge.
Membership shall be for a period of not less than
one year.
Building means any structure built for the sup-
port, shelter or enclosure of persons, animals, chat-
tels or property of any kind which has enclosing
walls for 50 percent of its perimeter. The term
"building" shall be as if followed by the words "or
part thereof." For the purpose of this chapter, each
portion of a building separated from other por-
tions by a firewall shall be considered as a sepa-
rate building. For the purpose of area and height
limitations, this definition shall be applicable to
sheds and open sheds.
Building official means the official charged with
the administration and enforcement of this chapter
as provided in article II of this chapter.
Camper trailer. See the definition of "recreation-
al vehicle."
Camper (truck mounted) means a portable struc-
ture designed to be mounted on a truck or similar
type vehicle, for the purpose of converting the ve-
hicle into a movable living unit, and customarily
used for recreational or camping use.
Church means any building occupied on a per-
manent basis for religious exercises as a primary
use.
Clinic means a building where patients, who
are not lodged overnight, are admitted for exam-
ination and treatment by one person or group of
persons practicing any form of the healing arts
services to individuals, whether such persons are
medical doctors, chiropractors, osteopaths, chirop-
odists, naturopaths, optometrists, dentists or any
similar profession, the practice of which is licensed
in the state. The term does not include a place for
the treatment of animals.
CD110:7
§ 110-1
CAPE CANAVERAL CODE
Common open space means a parcel or area of
land or land and water, other than a dedicated
canal, within the site and designed and intended
for the use or enjoyment of residents living within
the zone or development area. Common open space
may contain such complementary structures and
improvements as are necessary and appropriate
for the benefit and enjoyment of the residents.
Construction site means a lot or parcel upon
which development is immediately proposed or in
progress, as authorized by a current building
permit.
Containers means any cans, barrels, drums or
tanks, except stationary tanks, which would be
used for the outside storage of nonhazardous ma-
terials.
Convalescent home means a building where reg-
ular nursing care is provided for more than one
person, not a member of the family, who resides
on the premises.
Court means an unoccupied open space on the
same lot with the principal building and enclosed
on at least three adjacent sides by walls of the
principal building.
Courtesy notice means a notice of a public
hearing, not required by law, mailed at the city's
discretion to property owners within 500 feet of
property which is the subject of the public hearing.
Dedication means the deliberate appropriation
of land by its owner for any general and public
uses, reserving to himself no other rights than
such as are compatible with the full exercise and
enjoyment of the public uses to which the prop-
erty has been devoted.
Dish antenna. See the definition of "earth sta-
tion antenna."
Drive-in restaurant or refreshment stand means
any place or premises used for sale, dispensing or
servicing of food, refreshments or beverages in
automobiles, including those establishments
where customers may serve themselves and may
eat or drink the food, refreshments or beverages
on the premises.
Drive, private, means a private way set aside for
vehicular traffic, that does not exceed 200 feet in
developed length and serves less than four resi-
dential, commercial or any combination of resi-
dential and commercial units.
Dwelling, mobile home, means a detached resi-
dential dwelling unit over eight feet in width,
which bears a seal from the United States depart-
ment of housing and urban development, designed
for travel over highways and streets or for house
accommodations or both, manufactured on an in-
tegral chassis or undercarriage and arriving at
the site where it is to be occupied, except for minor
and incidental unpacking and assembly opera-
tions, location on jacks or other temporary or per-
manent foundations, connection to utilities and
the like.
Dwelling, multiple -family, means a residential
building designed for or occupied by three or more
families, with the number of families in residence
not exceeding the number of dwelling units pro-
vided.
Dwelling, single-family, means a detached res-
idential dwelling unit other than a mobile home,
designed for and occupied by one family.
Dwelling, two-family, means a detached residen-
tial building containing two dwelling units, de-
signed for occupancy by not more than two fami-
lies.
Dwelling unit or living unit means one room or
rooms connected together, constituting a separate
independent housekeeping establishment for
owner occupancy, for rent or lease, and physically
separated from any other rooms or dwelling units
which may be in the same structure and con-
taining independent cooking and sleeping facili-
ties.
Earth station antenna means an antenna, usu-
ally a dish antenna, whose purpose is to receive
communications or other signals primarily from
orbiting satellites.
Easement means a right-of-way granted for lim-
ited use of private property for a public or quasi -
public purpose.
Fair market value means the valuation of a
structure by the county tax assessor in his assess-
ment for the levying of ad valorem taxes for the
tax year.
CD110:8
ZONING
Family means a person or a group of persons
related to each other by blood or marriage or a
group of not more than four adults who are not
necessarily so related, living together under one
roof as a single household unit.
Fence means a structure forming a physical bar-
rier which is so constructed that no less than 50
percent of the vertical surface is open to permit
the transmission of light, air and vision through
such surface in a horizontal plane.
Fire district includes that territory or area con-
sisting of:
(1) Two or more adjoining blocks, exclusive of
intervening streets, where at least 50 per-
cent of the ground area is built upon and
more than 50 percent of the built on area is
devoted to group S occupancy or group H
occupancy as defined in the Standard
Building Code.
(2) Where four contiguous blocks or more com-
prise a fire district, there shall be a buffer
zone, as determined by the fire marshal, of
up to 200 feet around the perimeter of such
district. Streets, rights -of -way and other
open spaces not subject to building construc-
tion may be included in the buffer zone.
Floor area means the sum of the gross hori-
zontal areas of the several floors of a building,
measured from the exterior faces of exterior walls
or from the centerline of walls separating two at-
tached buildings. The required minimum floor
area within each district shall not apply to acces-
sory uses.
Garage, storage means a building or portion of a
building thereof designed or used exclusively for
the storage or parking of automobiles. Service
other than storage at such storage garage shall be
limited to lubrication, washing, waxing and pol-
ishing. When used for such a purpose, such prop-
erty may not be used in combination with any
other use, with the exception of mini -storage.
Guesthouse means living quarters within a de-
tached accessory building located on the same lot
with the main building for use by temporary
guests of the occupants of the premises, such quar-
ters having no kitchen facilities or separate utility
§ 110-1
meters and not rented or otherwise used as a sep-
arate dwelling.
Hedge means a row of bushes or small trees
planted close together in such a manner as to form
a boundary or barrier.
Height of building means the vertical distance
from 12 inches above the crown of the fronting
road or natural grade at the building line, which-
ever is highest, to (i) the highest point of flat roof;
(ii) the deck line of a mansard roof; (iii) the av-
erage height between the eaves and ridge for
gable, hip and gambrel roofs. Measurement must
be in compliance with the 100-year flood level, as
determined by the Federal Emergency Manage-
ment Agency.
Home occupation means any occupation con-
ducted entirely within a dwelling unit and car-
ried on by an occupant thereof, which occupation
is clearly incidental and secondary to the use of
the dwelling for dwelling purposes and does not
change the residential character thereof.
Hospital means a building or group of build-
ings, having room facilities for one or more over-
night patients, used for providing services for the
inpatient medical or surgical care of sick or in-
jured humans, and which may include related fa-
cilities, such as laboratories, outpatient depart-
ments training facilities, central service facilities
and staff offices; provided, however, that such re-
lated facility must be incidental and subordinate
to the main use and must be an integral part of
the hospital operations.
Hotel means a building in which lodging is pro-
vided and offered to the public for compensation
and in which ingress and egress to and from all
rooms are made through an inside lobby or office
supervised by a person in charge at all times. In
no event shall the number of efficiency units or
units with kitchen facilities exceed a maximum of
25 percent of the units per building. There shall
be a minimum of six guestrooms per building and
a minimum of 150 guestrooms per hotel. As used
in this definition, the term "guestrooms" means
those rooms intended or designed to be used or
which are used, rented or hired out to be occupied
or which are occupied for sleeping purposes by
guests.
CD110:9
§ 110-1
CAPE CANAVERAL CODE
Landscape buffer means that portion of the
building setback area which is located along prop-
erty lines adjacent to streets or abutting lots and
which in its entirety contains landscaping.
Landscaping means the arrangement of vege-
tation such as trees, bushes and grass, together
with other suitable materials in complementary
fashion, over a .tract of land for aesthetic effect.
Living area means the minimum floor area of a
dwelling as measured by its outside dimensions,
exclusive of carports, porches, sheds and attached
garages.
Loading space, offstreet, means space logically
and conveniently located for bulk pickups and de-
liveries, scaled to delivery vehicles expected to be
used, and accessible to such vehicles when re-
quired offstreet parking spaces are filled. Required
offstreet loading space is not to be included as
offstreet parking space in computation of required
offstreet parking space.
Lot means a parcel of land of at least sufficient
size to meet minimum zoning requirements for
use, coverage and area and to provide such set-
backs and other open spaces as are required in
this chapter. In no case of division or combination
of parcels shall any residual lot or parcel be cre-
ated which does not meet the requirements of this
chapter, except townhouses. Such lot may consist
of:
(1) A lot of record; or
(2) A portion of a lot of record; or combination
of portions of lots of record;
(3) A combination of complete lots of record or
complete lots of record and portions of lots
of record; and/or
(4) A parcel of land described by metes and
bounds.
Lot, corner, means a lot located at the intersec-
tion of two or more streets. A lot abutting on a
curved street shall be considered a corner lot if
straight lines drawn from the foremost points of
the side lot lines to the foremost point of the lot
meet at an interior angle of less than 135 degrees.
Lot coverage means the area of a lot that is cov-
ered by an enclosed structure. This is normally
the principal and accessory structures and any
other structure that blocks sunlight and the
breezeway.
Lot dimensions means as follows:
(1) Depth of a lot shall be considered to be the
distance between the midpoints of straight
lines connecting the foremost points of the
side lot lines in front and the rearmost
points of the side lot lines in the rear.
(2) Width of a lot shall be considered to be the
distance between straight lines connecting
front and rear of the required front set-
back; provided, however, that width be-
tween side lot lines at their foremost points,
where they intersect with the street lines,
shall not be less than 80 percent of the re-
quired lot width, except for lots on the
turning circle of cul-de-sacs, where the 80-
percent requirement shall not apply; pro-
vided, however, that all lots shall have a
minimum of 25 feet facing a street.
Lot frontage means the narrowest portion of
the lot fronting on a dedicated, accepted or main-
tained street right-of-way.
Lot, interior, means a lot with only one frontage
on a street.
Lot line means the boundary line of a lot.
Lot of record means a lot whose existence, loca-
tion and dimension have been legally recorded or
registered in a deed or on a plat.
Lot, reversed frontage, means a lot on which the
frontage is at right angles or approximately right
angles (interior angle less than 135 degrees) to
the general pattern in the area. A reversed
frontage lot may also be a corner lot, an interior
lot or a through lot.
Lot, through, means a lot other than a corner lot
with frontage on more than one street. A through
lot abutting two streets may be referred to as a
double frontage lot.
Major recreational equipment means boats and
boat trailers, travel trailers, trailers for trans-
porting motorized vehicles,, pickup campers or
CD110:10
J
J
3
ZONING § 110-1
coaches designed to be mounted on automotive
vehicles, motorized dwellings, tent trailers and
the like, including the coverings.
Manufactured housing or building means a
closed structure, building assembly or system of
subassemblies,which may include structural,elec-
trical, plumbing, heating, ventilating or other
service systems manufactured in manufacturing
facilities for installation or erection,with or with-
out other specified components, as a finished
building or as part of a finished building, which
shall include but not be limited to residential,
commercial, institutional, storage and industrial
structures. This does not apply to mobile homes.
Manufactured building may also mean, at the
option of the manufacturer, any building of open
construction made or assembled in manufactur-
ing facilities away from the building site, for
installation or assembly and installation on the
building site.
Marina means a place for docking boats or
providing services to boats and occupants thereof,
including servicing and repairing boats, sale of
fuel and supplies and provision of food,beverages
and entertainment as accessory uses.Ayacht club
shall be considered as a marina,but a hotel,motel
or similar use, where docking of boats and provi-
sion of services thereto is incidental to other
activities,shall not be considered as a marina nor
shall boat docks accessory to a multiple-family
dwelling where no boat-related services are ren-
dered.
Mini-storage means the renting of storage space
which is utilized for the incidental storage of
personal effects,which space shall not exceed 280
square feet of net floor area. When used for such
a purpose, such property may not be used in
combination with any other use, with the excep-
tion of storage garage.
Mobile home means a structure as defined in
F.S. § 553.36(12).
Mobile home park means a single parcel of
ground on which there are sites to be leased or
rented to tenants for the purpose of parking
mobile homes.
Motel means a building in which lodging is
provided and offered to the public for compensa-
tion. As such it is open to the public the same as
a hotel except that the buildings are usually
designed to serve tourists traveling by automo-
bile, ingress to tooms need not be through a lobby
or office and parking usually is adjacent to the
dwelling unit. The number of efficiency units or
units with kitchen facilities shall not exceed a
maximum of 25 percent of the units per building.
There shall be a minimum of six guestrooms per
building and a minimum of 150 guestrooms per
motel. As used in this definition, the term
"guestroom" means those rooms intended or de-
signed to be used or which are used, rented or
hired out to be occupied or which are occupied, for
sleeping purpose by guests.
Motor travel home means a self-propelled vehi-
cle containing living facilities and customarily
used for camping or recreational uses.
Net residential acre means the horizontal acre-
age of a lot devoted exclusively to residential uses
and their appurtenant accessory uses. Such area
shall include the building site, recreation areas,
open space, swimming pools, parking, drives, set-
back areas and the like. Net residential acreage
does not include areas used for nonresidential
purposes, streets, waterways, offices, golf courses
or any other use not developed for the exclusive
use of the property's residents.
Nonconformity means any lot, use of land, use
of structure, use of structure and premises or
characteristics of any use which was lawful at the
time of enactment of the ordinance from which
this section is derived but which does not conform
with the district in which it is located.
Nonhazardous material means any material
which does not increase or cause an increase of
the hazard of menace of fire to a greater degree
than that customarily recognized as normal by
persons in the public service regularly engaged in
preventing, suppressing or extinguishing fire.
Occupied means the use of a structure or land
for any purpose, including occupancy for residen-
tial, business, industrial, manufacturing, storage
and public use.
Oceanfront lot means a lot that is contiguous
with the ocean beach and which is considered as
fronting on a public street and includes those lots
Supp.No. 3 CD 110:11
§ 110-1 CAPE CANAVERAL CODE
adjacent to a dedicated street.All lots contiguous
with the ocean beach shall be considered interior
lots.
Open shed means any structure that has no
enclosing walls.
Open space area means that area of the lot
which is to be left open for free circulation of air
and which provides an area for recreational and
leisure pursuits. Not to be included as part of
open space area are building setbacks, areas
occupied by all building structures, parking ar-
eas, roads and drives. Recreational areas may be
included. Swimming pools may be included in the
calculation of minimum open space.
Parking space, offstreet, consists of a minimum
paved area of 200 square feet for parking an
automobile, exclusive of access drives or aisles
thereto. In areas of the city zoned M-1 or C-1,
sites which require parking spaces for 400 or
more vehicles may be allowed to utilize up to 25
percent of those spaces for compact car parking.
Compact car parking spaces shall consist of a
minimum paved area of 160 square feet,exclusive
of access drives or aisles thereto.
Patio. See the definition of "terrace."
Paving may consist of the following materials:
macadam, asphalt, tar, cement, concrete, pervi-
ous concrete, bricks, tile, pavestone, tilestone,
flags, flagstone, flagging, cobblestone, cobbles,
curb, kerb, curbstone, kerbstone, edgestone and
curbing. All material must be contained by a
permanent border and properly maintained.
Playground means an area of land set aside for
outdoor recreation used by children for play and
often equipped for specific activities. Playground
may also be that part of a park or outdoor recre-
ation facility set aside for such use by children. A
playground may be public or private; however,
any recreational area established for
prekindergarten children only or for adults or
college students primarily shall not be considered
a playground.
Principal use of structure means a building in
which is conducted the principal use of the lot on
which it is situated. In a residential district any
dwelling shall be deemed to be the principal
building on the lot on which the dwelling is
situated. An attached carport, shed, garage or any
other structure with one or more walls or a part of
one wall being a part of the principal building and
structurally dependent, totally or in part, on the
principal building shall comprise a part of the
principal building. A detached and structurally
independent carport, garage, or other structure
shall conform to the requirements of any acces-
sory building. A detached and structurally inde-
pendent garage, carport or other structure con-
forming as an accessory building may be attached
to the principal buildings by an open breezeway
not to exceed six feet in width. A connecting roof
breezeway in excess of six feet and enclosed on
one or both sides, including louvers, lattice or
screening, shall cause the entire structure to be
construed as the principal building and shall be
subject to the sections applicable to the principal
building.
Public use means any use of land or a structure
owned and operated by a municipality, county or
the state or federal government or any agency
thereof and for a public service or purpose.
Recreational vehicle means a unit designed as
temporary living quarters for recreational, camp-
ing or travel use, which either has its own motive
power or is mounted on or drawn by another
vehicle. The term includes travel trailer, camping
trailer, truck camper, motor home and wheeled
recreational trailer.
Residential district means that area set aside
primarily for use as low and medium density
residential housing.
Restaurant means any building or structure or
portion thereof in which food is prepared and
served for pay to any person not residing on the
premises.
Right-of-way means land reserved, used or to
be used for a street, alley, walkway, drainage
facility or other public purpose.
Schoolgorunds means all the land included in
the lot or parcel upon which a school building is
regularly used, except during vacation periods, by
elementary and secondary school students. The
school and land may be public or private.
Supp. No. 3 CD110:12
ZONING § 110-1
Service station means a building and premises
where petroleum products are supplied at retail,
as a primary use, and where,in addition, services
may be rendered and sales made as specified by
this chapter.
Setback means a required open space on the
same lot with a principal building,which space is
unoccupied and unobstructed by buildings from
the ground upward,except as specified in sections
110-468, 110-538 and 110-567. All required set-
back areas shall be landscaped with greenery
(sod) and shall be properly maintained.
Shed means any structure built for the support,
shelter or enclosure of persons, animals, chattels
or property of any kind which has enclosing walls
for less than 50 percent of its perimeter.
Shopping center means three or more units for
purposes of mercantilism.
Sign means the same as defined in chapter 23
of the building code adopted in section 82-31.
Special exception means a use that would not be
appropriate generally or without restriction
throughout the zoning division or district but
which, if controlled as to number,area,location or
relation to the neighborhood, would promote the
public health, safety,welfare, morals, order, com-
fort, convenience, appearance, prosperity or gen-
eral welfare. Such uses as may be permitted by
the board of adjustment are identified for each
zoning district as special exceptions.
Story means that portion of a building included
between the floor surface and the upper surface of
the floor next above or any portion of a building
used for human occupancy between the topmost
floor and roof. A basement or cellar not used for
human occupancy shall not be counted as a story
Street means a public or private right-of-way
set aside for public travel.
Street centerline means the midpoint of the
street right-of-way.
Street, private, means a private way set aside
for vehicular traffic that exceeds 200 feet in
developed length or serves four or more residen-
tial, commercial or any combination of residential
and commercial units. Private streets shall be
installed in accordance with section 98-92.
Street right-of-way means the property line
which bounds the right-of-way set aside for use as
a street.
Structure means that which is built or con-
structed.
Swimming pool means any portable pool or
permanent, structure containing a body of water
18 inches or more in depth or 250 square feet of
surface area or more of water service area, includ-
ing an ornamental reflecting pool or fish pond or
other type of pool, regardless of size, unless it is
located and designed so as not to create a hazard
or not be used for swimming or wading.
Tent means a collapsible shelter of canvas or
other fabric-type material.
Terrace means an open space adjacent to the
principal building on one or two sides, prepared
with a hard, semihard or improved surface, for
the purpose of outdoor living.
Total floor area or gross floor area means the
area of all floors of a building, including finished
attices, finished basements and all covered areas,
including porches, sheds, carports and garages.
Townhouse means a single-family dwelling unit
constructed in a series or group of attached units
with property lines separating such units.
Trailer means a portable structure having no
foundation other than wheels, jacks or blocks that
will not be a hazard to adjacent buildings and
that is also fully enclosed, operable and licensed.
Trailer park means an area duly licensed by the
city and approved by the state board of health,
which is designed, contructed, equipped, oper-
ated and maintained for the purpose of providing
space for and otherwise servicing mobile homes
and trailers.
Travel trailer. See the definition of "recreational
vehicle."
Utility access easement means an easement less
than 20 feet wide, dedicated and used for utilities.
Supp. No. 3 CD 110:13
§ 110-1 CAPE CANAVERAL CODE
and utility vehicles. The term does not qualify as
an alley pursuant to chapter 98 pertaining to
subdivisions.
Vacant means a building or parcel of land that
is neither occupied nor used.
Variance means a relaxation of the terms of this
chapter when such variance will not be contrary
to the public interest and when, owing to condi-
tions peculiar to the property and not the result of
the actions of the applicant, a literal enforcement
of this chapter would result in unnecessary and
undue hardship. As used in this chapter, a vari-
ance is authorized only for height, area, size of
structure or size of yards and open spaces; estab-
lishment or expansion of a use otherwise prohib-
ited shall not be allowed by variance nor shall a
variance be granted because of the presence of
nonconformities in the zoning district or used in
an adjoining zoning district.
Wall means a structure forming a physical
barrier which is so constructed that less than 50
percent of the vertical surface from ground level
to its top is open to permit the transmission of
light, air and vision through such surface in a
horizontal plane.
Wall, concrete boundary, means a structure
constructed using concrete, either poured or in
block form,along the property boundary or within
the setback and used as a dividing line between
parcels of property in a residential zone, specifi-
cally excluding townhouse interior party walls.
Yard means all open space on the same lot as
the principal building,which space is unoccupied
and unobstructed by buildings from the ground
upward, except as otherwise provided. The term
generally applies to the area from each lot line to
the principal building and its attached porches,
sheds, carports, garages and storage areas.
(Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96)
Cross reference—Definitions and rules of construction
generally, § 1-2.
Secs. 110-2-110.25. Reserved.
ARTICLE II. BOARD OF ADJUSTMENT*
DIVISION 1. GENERALLY
Sec. 110-26. Established; composition; qual-
ifications.
(a) A board of adjustment is established, which
shall consist of five members and two alternate
members appointed by the city council.
(b) Members and alternate members of the
board of adjustment shall have been residents of
the city for at least one year prior to their appoint-
ment. Members and alternate members shall be
registered voters.
(c) Members of the board of adjustment shall
be appointed for staggered terms of three years.
In addition, the chairman of the planning and
zoning board or his duly authorized representa-
tive shall be an ex-officio member of the board of
adjustment.
(Code 1981, $ 645.13; Ord. No. 49-93, $ 1, 1-4-94)
Sec. 110-27. Proceedings.
(a) The board of adjustment shall adopt rules
necessary to the conduct of its affairs and in
keeping with this chapter. Meetings shall be held
at the call of the chairman and at such other
times as a majority of the board of adjustment
may determine. The chairman or, in his absence,
the acting chairman may administer oaths and
compel the attendance of witnesses. All meetings
shall be open to the public.
(b) The board of adjustment shall keep min-
utes of its proceedings, showing the vote of each
member upon each question or if absent or failing
to vote indicating such fact, and shall keep records
of its examinations and other official actions, all
*Cross reference—Boards, committees, commissions, §
2-171 et seq.
Supp.No. 3 CD110:14
ZONING § 110-28
of which shall be public records and shall be
immediately filed in the office of the city clerk for
the board of adjustment.
(Code 1981, § 645.15)
Sec. 110-28. Powers and duties.
The board of adjustment shall have the powers
and duties enumerated in this article.
(Code 1981, § 645.17)
Supp. No. 3 CD110:14.1
ZONING § 110-33
Sec. 110-29. Administrative review.
(a) Authority. The board of adjustment shall
hear and decide appeals where it is alleged there
is error in any order, requirement, decision or de-
termination made by the building official or in
the enforcement of this chapter.
(b) Appeal notice, hearing.
(1) Appeals to the board of adjustment may be
taken by the city council, the planning and
zoning board or by any person aggrieved or
affected by any decision of the building of-
ficial in the interpretation of any portion of
this chapter.
(2) Such appeals shall be taken within a rea-
sonable time, not to exceed 60 days of the
date of the decision or such lesser period as
may be provided by the rules of the board of
adjustment, by filing with the building of-
ficial and with the board of adjustment a
notice of appeal specifying the grounds
therefor. The building official shall forth-
with transmit to the board of adjustment
all papers constituting the record upon
which the action appealed from was taken.
The board of adjustment shall fix a reason-
able time for hearing of the appeal, give
public notice thereof at least 15 days in ad-
vance of public hearing, as well as due no-
tice to the parties in interest, and decide
the appeal within a reasonable time. At the
hearing, any party may appear in person or
by agent or attorney.
(c) Stay of proceedings. An appeal stays all pro-
ceedings, in furtherance of the action appealed
from, unless the building official from whom the
appeal is taken certifies to the board of adjust-
ment after the notice of appeal is filed with him
that, because of facts stated in the certificate, a
stay would, in his opinion, cause imminent peril
to life and property. In such case, proceedings shall
not be stayed other than by a restraining order,
which may be granted by the board of adjustment
or by a court of record on application. The re-
straining order shall take effect on notice to the
administrative official charged with the enforce-
ment of this chapter and from whom the appeal is
taken and on due cause shown.
(Code 1981, § 645.19)
Sec. 110.30. Indebtedness.
The board of adjustment shall not incur any
debts or enter into any contracts or obligations
which would be enforceable against the city, un-
less prior approval has been obtained from the
city council.
Sec. 110.31. Applicants for special excep-
tions or variances.
All hearings for special exceptions or variances
before the board of adjustment shall be initiated
by the following:
(1) The owners of at least 75 percent of the
property described in the application.
(2) Tenants, with the owners' sworn consent.
(3) Duly authorized agents evidenced by a
written power of attorney.
(4) The city council.
(5) The planning and zoning board.
(6) A department or agency of the city.
(Code 1981, § 645.27)
Sec. 110-32. Decisions.
In exercising any of the powers listed in this
article, the board of adjustment may, so long as
the action is in conformity with this chapter, re-
verse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination
appealed from and may make such order, require-
ment, decision or determination as should be made
and to that end shall have all of the powers of the
building official from whom the appeal was taken.
The concurring vote of four members of the board
of adjustment shall be necessary to reverse any
order, requirement, decision or determination of
the building official or to decide in favor of the
applicant on any matter upon which it is required
to pass under this chapter or to effect any varia-
tion in the application of this chapter.
(Code 1981, § 645.29)
Sec. 110.33. Reconsideration of administra-
tive review, special exception or
variance.
When a petition for administrative review, spe-
cial exception or variance has been acted on by
CD110:15
§ 110-33
CAPE CANAVERAL CODE
the board of adjustment and disapproved or failed
to pass, such petition in the same or substantially
similar form shall not be reconsidered by the board
of adjustment for a period of two years. This sec-
tion shall not apply to the property owner if the
original request was initiated by any official, de-
partment, board or agency of the city acting in
any official capacity. This section shall not apply
to any initial petition or petition for reconsidera-
tion filed by the city council.
(Code 1981, § 645.31; Ord. No. 5-94, § 1, 2-1-94)
Sec. 110-34. Violation of conditions of spe-
cial exception or variance.
(a) Should the building official determine that
a violation has occurred of any condition imposed
by the board of adjustment upon a variance or
special exception, the board of adjustment, upon
receipt of an affidavit by the building official as to
the nature and extent of the violation, shall pro-
vide the petitioner/owner with an opportunity for
hearing to demonstrate that the alleged violation
does not exist.
(b) Notice shall be given at least 15 days in
advance of public hearing. The owner of the prop-
erty, or his designee, if appointed by a power of
attorney, the original or certified copy of same
being on file with the city clerk, for which the
special exception or variance was granted shall be
notified by certified mail.
(c) A courtesy notice may be mailed to property
owners of record within a radius of 500 feet, pro-
vided, however, that failure to mail or receive such
courtesy notice shall not affect any action or pro-
ceedings taken pursuant to this section.
(d) Any party may appear in person or be rep-
resented by an attorney at the public hearing.
After considering the evidence, including testi-
mony from the building official and the owner,
the board of adjustment shall determine whether
any condition placed upon a special exception or
variance has not been fulfilled. The board shall
have the option to provide an opportunity to cure
any violation found to exist, but is not obligated
to do so. The board shall make written findings in
support of its decision. The city shall have the
authority to seek legal action in a court of com-
petent jurisdiction to obtain compliance with any
condition placed upon a special exception or vari-
ance, or seek revocation of the special exception
or variance.
(Ord. No. 43-93, § 3, 12-7-93)
Sec. 110-35. Appeals from board.
Any person aggrieved by any decision of the
board of adjustment or any taxpayer or any offi-
cial, department, board or bureau of the city or
the city council may. present to the circuit court a
petition for issuance of a writ of certiorari, duly
verified, setting forth that such decision is illegal,
in whole or in part, specifying the grounds of the
illegality in the manner and within the time pro-
vided by the state appellate rules.
(Code 1981, § 645.33)
Secs. 110-36-110-45. Reserved.
DIVISION 2. SPECIAL EXCEPTIONS
Sec. 110-46. Application; procedures.
The board of adjustment shall hear and decide
only such special exceptions as the board of ad-
justment is specifically authorized to pass on by
the terms of this chapter. The board of adjustment
shall decide such questions as are involved in de-
termining whether special exceptions should be
granted and shall grant special exceptions with
such conditions and safeguards as are appropriate
under this chapter or other applicable ordinances
or shall deny special exceptions when not in har-
mony with the purpose and intent of this chapter.
A special exception shall not be granted by the
board of adjustment, except according to the fol-
lowing:
(1) A written application for a special excep-
tion is submitted indicating the section of
this chapter under which the special excep-
tion is sought and stating the grounds on
which the special exception is sought and
stating the grounds on which it is requested.
(2) All proposed special exceptions shall be sub-
mitted to the planning and zoning board
for study and written recommendation.
Such proposal shall be submitted at least
14 days prior to the planning and zoning
board meeting at which it is to be consid-
CD110:16
J
ZONING § 110-47
ered. The board of adjustment shall con-
sider the recommendation of the planning
and zoning board as part of the official
record when hearing an application for a
special exception.
(3) Notice shall be given at least 15 days in
advance of public hearing.The owner of the
property for which a special exception is
sought or his agent shall be notified by
certified mail. Notice of such hearing shall
be posted on the property for which the
special exception is sought and at the city
hall and shall be published in a newspaper
of regular circulation within the city.
(4) A courtesy notice may be mailed to the
property owners of record within a radius
of 500 feet; provided, however, failure to
mail or receive such courtesy notice shall
not affect any action or proceedings taken
under this article.
(5) Any party may appear in person or beLorl
represented by an attorney at the public
hearing.
(6) The board of adjustment shall make such
findings as it is empowered to make under
the various sections of this chapter, but in
a special exception that in any way ad-
versely affects the public interest.
(Code 1981, § 645.21)
Sec. 110-47. Written findings certifying com-
pliance.
(a) It is the intent of this section to promote
compliance by the city board of adjustment with
this Code, state law and judicial precedent which
provide for written findings of fact in support of
board decisions. Such findings should be more
than mere conclusory statements or recitations of
legislative language. Before any special exception
shall be issued, the board of adjustment shall
make written findings on forms which are on file
in the city clerk's office and which may be amended
from time to time by a resolution duly adopted by
the city council. The written findings shall certify
compliance with the specific rules governing indi-
vidual special exceptions, and that satisfactory
provision and arrangement has been made con-
cerning the following, where applicable:
(1) Adequate ingress and egress may be ob-
tained to and from the property, with par-
ticular reference to automotive and pedes-
train safety and convenience, traffic flow
and control, and access in case of fire or
emergency.
(2) Adequate off-street parking and loading
areas may be provided without creating
undue noise, glare, odor or other detrimen-
tal effects upon adjoining properties.
(3) Adequate and properly located utilities are
available or may be reasonably provided to
serve the proposed development.
(4) Adequate screening and/or buffering will
be provided to protect and provide compat-
ibility with adjoining properities.
(5) Signs, if any, and proposed exterior lighting
will be so designed and arranged so as to
promote traffic safety and to eliminate or
minimize any undue glare, incompatibility
or disharmony with adjoining properties.
(6) Refuse and service areas, with particular
reference to the items in subsections (a)(1)
and (a)(2) of this section.
(7) Required setback and other open space.
(8) Height
(9) Landscaping
(10) Renewal and/or termination dates.
(11) That the use will be reasonably compatible
with surrounding uses in its function, its
hours of operation, the type and amount of
traffic to be generated, the building size
and setbacks, its relationship to land val-
ues and other facts that may be used to
measure compatibility.
(b) In granting any special exception, the board
of adjustment may prescribe appropriate condi-
tions and safeguards in conforming with this
chapter. Violation of such conditions and safe-
guards, when made a part of the terms under
which the special exception is granted, shall be
deemed to be a violation of this chapter and
punishable as provided by this chapter.
(Code 1981, §645.23;Ord.No. 43-93, § 1, 12-7-93)
Supp.No. 3 CD110:17
§ 110-48 CAPE CANAVERAL CODE
Sec. 110-48. Expiration.
Any special exception granted under this chap-
ter shall expire if the applicant has not obtained a
certificate of occupancy or occupational license as
appropriate and utilized the special exception
within 12 months of the date of its issuance;
provided, however, the board of adjustment may
extend this time period by an additional 12-
month period if the applicant can show good cause
for the delay. If the applicant desires an exten-
sion, the applicant shall submit its request di-
rectly to the board of adjustment prior to the
expiration of the first 12-month period. Addition-
ally, a special exception shall expire and become
null and void if the use granted thereunder is
abandoned or otherwise ceases to exist or a period
of 18 consecutive months. As used herein, aban-
doned shall mean that the applicant has gone out
of business, let all business licenses lapse or has
otherwise changed the use of the property in
conformance with the Code of Ordinances of Cape
Canaveral, Florida. Once a special exception has
lapsed due to abandonment, the applicant must
resubmit its special exception request pursuant to
section 110-46 of the Code of Ordinances of Cape
Canaveral, Florida.
(Ord. No. 5-96, § 1, 6-4-96)
Secs. 110-49-110-60. Reserved.
DIVISION 3. VARIANCES
Sec. 110-61. Variance.
Variance from this chapter shall be obtained
only through action of the board of adjustment.
The specific terms of each variance are binding
and may not be changed, except by a new vari-
ance or by reversion to conformity with this
chapter.
(Code 1981, § 643.13)
Sec. 110-62. Applications; procedures.
(a) The board of adjustment shall authorize
upon appeal in specific cases such variance from
this chapter as will not be contrary to the public
interest, when owing to special conditions a lit-
eral enforcement of this chapter would result in
unnecessary hardship. A variance from this chap-
ter shall not be granted by the board of adjust-
ment, except according to the following:
(1) A written application for a variance is
submitted demonstrating that:
a. Special conditions and circumstances
exist which are perculiar to the land,
structure or building involved and which
are nort applicable to other lands, build-
ings or structures in the same district.
b. Literal interpretation of this chapter
would deprive the applicant of rights
commonly enjoyed by other properties
in the same district under the terms of
this chapter.
c. The special conditions and circum-
stances referred to in subsection (a)(1)a.
of this section do not result from the
actions of the applicant.
d. Granting the variance requested will
not confer on the applicant any special
privilege that is denied by this chapter
to other lands, structures or dwellings
in the same district. No nonconforming
use of neighboring lands, structures or
buildings in other districts shall be
considered grounds for the issuance of
a variance.
(2) All proposed variances shall be submitted
to the planning and zoning board for study
and written recommendation. Such pro-
posal shall be submitted at a least 14 days
prior to the planning and zoning board
meeting at which it is to be considered. The
board of adjustment shall consider the rec-
ommendaton of the planning and zoning
board as part of the official record when
hearing an application for a variance.
(3) Notice of public hearing shall be given as
specified for a special exception in section
110-46 et seq.
(4) A courtesy notice may be mailed to the
property owners of record within a radius
of 500 feet; provided, however, failure to
Supp.No. 3 CD110:18
ZONING § 110-62
mail or receive such courtesy notice shall
not affect any action or proceedings taken
under this article.
(5) Any party may appear in person or may be
represented by an agent or by attorney at
the public hearing.
(6) The board of adjustment shall make find-
ings that the requirements of subsection
(a)(1) of this section have been met by the
applicant for a variance.
(7) The board of adjustment shall further make
a finding that the reasons set forth in the
application justify the granting of the vari-
ance and that the variance is the minimum
variance that will make possible reason-
able use of the land, building or structure.
(8) The board of adjustment shall further make
a finding that the granting of the variance
will be in harmony with the general pur-
pose and intent of this chapter and will not
be injurious to the neighborhood or other-
wise detrimental to the public welfare.
Supp. No. 3 CD110:18.1
ZONING § 110.89
(9) It is the intent of this subsection to promote
compliance by the city board of adjustment
with this Code, state law and judicial pre-
cedent which provide for written findings
of fact in support of board decisions. Such
findings should be more than mere conclu-
sory statements or recitations of legislative
language. All findings made by the board
of adjustment in accordance with this sec-
tion shall be in writing on the forms which
are on file in the city clerk's office and which
may be amended from time to time by a
resolution duly adopted by the city council.
(b) In granting any variance, the board ofad-
justment may prescribe appropriate conditions and
safeguards in conformity with this chapter. Vio-
lation of such conditions and safeguards, when
made a part of the terms under which the vari-
ance is granted, shall be deemed a violation of
this chapter and punishable as provided by this
chapter. Under no circumstances shall the board
of adjustment grant a variance to permit a use not
generally or by special exception permitted in the
district involved or any use expressly or by impli-
cation prohibited by this chapter.
(Code 1981, § 645.25; Ord. No. 43-93, § 2, 12-7-93)
Secs. 110-63-110-85. Reserved.
ARTICLE III. ADMINISTRATION AND
ENFORCEMENT*
DIVISION 1. GENERALLY
Sec. 1-10.86. Conflicts with other ordinances.
Whenever the sections of this chapter are at
variance with the requirements of any other law-
fully adopted rules, regulations or ordinances, the
most restrictive or that imposing the higher stan-
dards shall govern.
(Code 1981, § 645.39)
Sec. 110-87. Enforcement otchapter.
It is the intent of this chapter'that all questions
of enforcement shall be first presented to the
building official and that such questions shall be
*Cross reference —Administration, ch. 2.
presented to the board of adjustment only on ap-
peal from the decision of the building official and
that recourse from the decisions of the board of
adjustment shall be to the courts as provided by
law and particularly by state law. It is further the
intent of this chapter that the duties of the city
council in connection with this chapter shall not
include hearing and deciding questions of inter-
pretation and enforcement that may arise. The
procedure for deciding such questions shall be as
stated in this section and this chapter. Under this
chapter the city council shall have only the duties
of:
(1) Considering and adopting or rejecting pro-
posed amendments or the repeal of this
chapter, as provided by law; and
(2) Establishing a schedule of fees and charges.
(Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94)
Sec. 110-88. Duties of building official.
(a) The building official, under the supervision
of the city manageror department head duly del-
egated and appointed by the city manager, shall
administer and enforce this chapter. He shall be
provided with assistance of such other officers and
employees of the city as may be necessary to en-
force this chapter.
(b) If the building official finds that any section
of this chapter is being violated, he shall notify, in
writing, the person responsible for such violation,
indicating the nature of the violation and ordering
the action necessary to correct it. He shallorder
discontinuance of illegal work being done or shall
take any other action authorized by this chapter
to ensure compliance .with or to prevent violation
of this chapter.
(Code 1981, § 645.01)
Sec. 110-89. Penalties for violation.
Any person who violates, disobeys, omits, ne-
glects or refuses to comply with or who resists the
enforcement of this chapter shall, upon convic-
tion, be punished as provided by section 1-15.
(Code 1981, § 645.43)
CD110:19
§ 110-90
CAPE CANAVERAL CODE
Sec. 110.90. Complaints of violations.
Whenever a violation of this chapter occurs or
is alleged to have occurred, any person may file a
complaint. Such complaint stating fully the causes
and basis thereof shall be filed with the building
official. He shall record properly such complaint,
immediately investigate and take action thereon
as provided by this chapter.
(Code 1981, § 645.41)
Sec. 110-91. Conformity to plans, specifica-
tions, intended uses and applica-
tions.
Under this chapter, building permits or certifi-
cates of occupancy issued by the building depart-
ment on the basis of plans, specifications, intended
uses and applications and approved by the building
official authorizing use, arrangement, construc-
tion and design shall only be as described in plans,
specifications, intended uses and applications. Use,
arrangement, construction and design at vari-
ance with those authorized by the plans, specifi-
cations, intended uses and applications shall be
deemed a violation of this chapter and shall en-
able the building official to have the electrical
meter removed from the unit until such violation
is corrected and the building permit or certificate
of occupancy is brought current.
(Code.1981, § 645.11)
Sec. 110-92. Schedule of fees, charges and ex-
penses.
(a) The fees and charges, in connection with
matters pertinent to zoning petitions, zoning or-
dinance amendments, special exceptions, vari-
ances and appeals, shall be as set forth in ap-
pendix B to this Code. When the fee has been paid
and the application filed, there shall be no return
or rebate of the fee, regardless of the city's deter-
mination in the matter involved.
(b) In addition to the scheduled fees, when an
application is filed for rezoning or for a proposed
amendment to this chapter, the applicant shall
deposit with the city sufficient money to defray
all involved costs for advertising, publication, ad-
ministration and recording, as determined by the
city clerk. If the process is not completed, any
unexpended prepaid fees will be refunded to the
applicant.
(c) No permit or certificate shall be issued and
no inspection, public notice or other action rela-
tive to zoning, zoning amendments, petitions for
changes in zoning districts or appeals shall be in-
stituted until after such fees, costs and charges
have been paid, except in those cases wherein fees
are waived as specified in this section. All fees,
costs and charges, upon collection, shall be depos-
ited in the general fund of the city.
(d) Fees for proposed zoning amendments or ap-
peals of administrative decisions shall be waived,
provided the petition for amendment or appeal is
sponsored by a majority of the 'city council or the
planning and zoning board. Compliance with this
subsection renders the petition an official city man-
date for presentation to the board of adjustment
or the city council, as appropriate, for final deci-
sion, without fee.
(Code 1981, § 645.37)
Secs. 110-93-110-105. Reserved.
DIVISION 2. PERMITS
Sec. 110-106. Required.
(a) No building or other structure shall be
erected, moved, added to or structurally altered
without a permit issued by the building official.
No building permit shall be issued, except in con-
formity with this chapter and section 106 of the
building code adopted in section 82-31 or other
codes and statutes as applicable, until after written
order from the board of adjustment in the form of
an administrative review, special exception or
variance as provided by this chapter.
(b) The issuance of a permit upon plans and
specifications shall not prevent the building offi-
cial from thereafter requiring the correction of
errors in such plans and specifications and re-
quiring the correction of building operations being
carried on thereunder to conform to corrected plans
and specifications, when in violation of this Code.
(c) No permit shall be issued for a building or
use on a lot or parcel in any land use classification
that does not abut on a public street or an ap-
CD110:20
ZONING
proved private street or easement dedicated and
accepted by the city providing legal access to a
public street.
(Code 1981, § 645.03)
Sec. 110-107. Application.
(a) All applications for building permits re-
quired under this chapter shall be made in con-
formity with this chapter and other applicable city
ordinances or codes, including those ordinances or
codes applicable to the building and construction
industry. All applications for building permits
shall be accompanied by plans in duplicate, drawn
to scale, showing the legal description and the
actual dimensions and shape of the lot to be built
upon; the exact sizes and locations on the lot of
buildings already existing, if any, and the size,
shape and location of the building or alteration,
including accessory buildings or structures, if any.
The application shall include such other informa-
tion as lawfully may be required by the building
official, including existing or proposed building or
alteration; existing or proposed uses of the building
and land; the number of families, housekeeping
units or rental units the building is designed to
accommodate; conditions existing on the lot; and
such other matters as may be necessary to deter-
mine conformance with and provide for the en-
forcement of this chapter.
(b) It shall be unlawful for any person to con-
tinue construction of any building or structure
beyond the foundation until a plot plan showing
the foundation of the building or structure has
been prepared in duplicate by a licensed surveyor
and approved by the building official. One copy of
the plot plan shall be returned to the owner, and
one copy shall be filed with the city.
(c) One copy of the plans shall be returned to
the applicant by the building official, after he shall
have marked such copy as permitted for construc-
tion and attested to such by his signature on such'
copy. This copy of the plans shall be available at
the site of construction during all times when con-
structionis being carried on. The second copy of
the plans, similarly marked, shall be retained by
the building official.
(d) No building permit shall be granted for the
construction, addition or alteration of a place of
assembly, unless plans signed by a registered ar-
§ 110-121
chitect or registered engineer, according to the
laws of the state governing the practice of archi-
tecture, accompany the permit application.
(e) Where plans and specifications for construc-
tion in the city are revised by the city engineer,
the actual costs of such review shall be paid by
the applicant, whether a building permit is issued
or not. The building official shall require a de-
posit of estimated cost upon receipt of the appli-
cation for a building permit.
(Code 1981, § 645.04)
Sec. 110-108. Expiration.
The expiration date of the building permit shall
be in accordance with section 106.6.1 of the
building code adopted in section 82-31.
(Code 1981, § 645.09)
Secs. 110-109-110-120. Reserved.
DIVISION 3. CERTIFICATE OF OCCUPANCY
Sec. 110-121. Required.
No land or building or part thereof erected or
altered in its use or structure shall be used until
the building official shall have issued a certificate
of occupancy stating that such land, building or
part thereof and the proposed use thereof is found
to be in conformity with this chapter. Within three
days after notification that a building or premises
or part thereof is ready for occupancy or use, it
shall be the duty of the building official to make a
final inspection thereof and to issue a certificate
of occupancy if the land, building or part thereof
and the proposed use thereof is found to conform
with this chapter. If issuance of such certificate is
refused, the building official shall state such re-
fusal in writing with the reason. A temporary cer-
tificate of occupancy may be issued by the building
official for a period not exceeding six months
during alterations or partial occupancy of a
building pending its completion, provided that
such temporary certificate may require such con-
ditions and safeguards as will protect the safety of
the occupants and the public.
(Code 1981, § 645.07)
CD 110:21
§ 110-122
CAPE CANAVERAL CODE
Sec. 110-122. Hotels and motels.
Certificates of occupancy issued for hotels and
motels shall be issued for the entire hotel or motel
project up to 150 units and after 150 units shall be
issued in minimums of 50 units per each certifi-
cate of occupancy. All units within any one
building of a hotel or motel shall be completed
before a certificate of occupancy is issued.
(Code 1981, § 645.08)
Secs. 110-123-110-135. Reserved.
DIVISION 4. AMENDMENTS AND
REZONINGS
Sec. 110-136. Authority.
The sections, restrictions and boundaries set
forth in this chapter may, from time to time, be
amended, supplemented, changed or repealed in
the manner prescribed by law and this division.
(Code 1981, ch. 647)
Sec. 110-137. Procedure.
(a) A zoning district boundary change may be
initiated by:
(1) The owners of at least 75 percent of the
property described in the application.
(2) Tenants with the owners' sworn consent.
(3) Duly authorized agents evidenced by a
written power of attorney.
(4) The city council.
(5) The planning and zoning board.
(6) Any department or agency of the city.
(b) Any amendment to this chapter, other than
a district boundary change, may be proposed by:
(1) The city council.
(2) The planning and zoning board.
(3) Any department or agency of the city.
(4) Any person.
(c) All proposed amendments shall be submitted
to the planning and zoning board for study and
recommendation. The planning and zoning board
shall study such proposals to determine:.
(1) The need and justification for change.
„(2) When pertaining to the rezoning of land,
the effect of the change, if any, on the par-
ticular property and on surrounding prop-
erties.
(3) When . pertaining to the rezoning of land,
the amount of undeveloped land in the gen-
eral area and in the city having the same
classification as that requested.
(4) The relationship of the proposed amend-
ment to the purpose of the city's plan for
development, with appropriate consider-
ation as to whether the proposed change
will further the purposes of this chapter and
the plan.
(d) The planning and zoning board shall submit
the request for change or amendment to the city
council with written reasons for its recommenda-
tion within 30 days following its official action on
the request. The city council may extend this time
limit for good cause.
(e) No recommendation for change or amend-
ment may be considered by the city council until
due public notice has been given of a public
hearing. Public notice of the hearing shall be given
only after the planning and zoning board has sub-
mitted its recommendation concerning the change
or amendment, and the public notice of the hearing
shall be given at least 14. days in advance of the
hearing by the publication in a newspaper of reg-
ular and general circulation in the city, and no-
tice shall be posted at city hall.
(f) A courtesy notice may be mailed to the prop-
erty owner of record within a radius of 500 feet;
provided, however, failure to mail or receive such
courtesy notice shall not affect any action or pro-
ceedings taken under this division.
(g) When any proposed change of a zoning dis-
trict boundary lies within 500 feet of the boundary
of an incorporated or unincorporated area, notice
may be forwarded to the planning and zoning
board or governing body of such incorporated or
CD110:22
J
3
ZONING § 110-171
unincorporated area in order to give such body an
opportunity to appear at the hearing and express
its opinion on the effect of such district boundary
change.
(h) When the city council proposes a change in
zoning classification of a single parcel or a group
of not more than 500 parcels of any property
within its jurisdiction, it shall be the duty of the
city council to give notice by mail to each property
owner whose zoning classification is proposed to
be changed. Such notice shall be mailed to the
owner's current address of record, as maintained
by the assessor of taxes, for the jurisdiction pro-
posing the change and shall be postmarked no
later than ten days prior to the first scheduled
hearing concerning the proposed change. The
notice shall contain the legal description of the
affected property, the existing zoning classifica-
tion, the proposed zoning classification and the
time and place of any scheduled hearing concern-
ing the proposed zoning change. Prior to the
effective date of any zoning classification change,
the city council shall cause an affidavit to be filed
with the city clerk certifying that the city council
has complied with this section. The filing of the
affidavit shall be prima facie proof of compliance
with this section.A failure to give notice shall not
affect the validity of zoning, except as to the
property of the complaining owner.
(Code 1981, § 647.01)
Sec. 110-138. Limitations.
No proposal for zoning change or amendment
affecting a particular property shall contain con-
ditions, limitations or requirements not applica-
ble to all other property in the district to which
the particular property is proposed to be rezoned.
(Code 1981, § 647.03)
Sec. 110-139. Reconsideration of district
boundary changes.
When a proposed change in zoning district
boundaries has been acted upon by the city coun-
cil and disapproved or failed to pass, such pro-
posed change, in the same or substantially simi-
lar form, shall not be reconsidered by the city
council for a period of two years. Such restriction
shall not apply to the property owner if the
orginial request was initiated by the city council,
planning and zoning board or any department or
agency of the city nor shall such restriction apply
to the city council, the planning and zoning board
or any department or agency of the city.
(Code 1981, $ 647.05)
Secs. 110-140--110-160. Reserved
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 1. GENERALLY
Sec. 110-161. Structures and uses approved
by special exception.
A special exception is not deemed nonconform-
ing. Any structure or use for which a special
exception is granted as provided in this chapter
shall be deemed, as to that particular special
exception, to have all the rights and privileges of
a conforming use, restricted, however, by the
terms of that specific special exception as granted.
(Code 1981, $ 643.11)
Secs. 110-162--110-170. Reserved.
DIVISION 2. ALCOHOLIC BEVERAGES*
Sec. 110-171. Establishments serving alco-
holic beverages.
(a) Establishments which shall require a spe-
cial exception under this chapter by the board of
adjustment are those, whether or not licensed by
the state department of business and professional
regulation, division of alcholic beverages and
tobacco, which dispense, sell, serve, store or per-
mit consumption on the premises of alcoholic
beverages. In consideration of a special exception
application, the board of adjustment shall not
approve the application unless it is totally consis-
tent with all the conditions as set forth in this
subsection and also the following:
(1) The establishment shall not be within 300
feet of any existing church, schoolgrounds
or playgrounds. Measurement shall be made
*Cross reference--Alcoholic beverages, ch. 6
Supp. No. 3 CD110:23
§ 110-171
CAPE CANAVERAL CODE
from the main entrance of the establish-
ment to the closest lot line of the church,
schoolgrounds or playgrounds by following
the shortest route to ordinary pedestrian
travel along the public thoroughfare, street
or road.
(2) The establishment of a vendor license by
the state division of alcoholic beverages
and tobacco permitting on -premises con-
sumption of beverages shall not be located
within 2,000 feet of another licensed estab-
lishment. The specific distance shall be
measured in a straight line, without regard
to intervening structures, from the closest
exterior structural wall of each such estab-
lishment. Further, the establishment shall
be in compliance with F.S. chs. 561 through
568. Provided, however, exceptions to this
subsection are:
a. Restaurants seating 200 or more per-
sons.
b. Hotels and motels with 50 or more
guestrooms.
c. Restaurants licensed by the state divi-
sion of alcoholic beverages and tobacco
for malt beverages only or malt bever-
ages and wine only, provided the fol-
lowing are complied with:
1. The establishment shall have the
capacity for and have in existence
at least 25 seats for the serving of
meals. No area within the estab-
lishment may be specifically de-
signed for a bar or lounge opera-
tion.
2. Consumption of food and malt bev-
erages or wine shall be on -pre-
mises only; however, food carryout
without the alcoholic beverages
may be permitted.
3. A restaurant licensed under this
exception shall not derive less than
51 percent of its gross income from
the sale of nonalcoholic beverages
and food prepared, sold and con-
sumed on the premises. The obli-
gation to sell 51 percent food and
nonalcoholic beverages is a con-
tinuing obligation. It is a violation
of this zoning code to sell wine and
malt beverages granted under this
exception unless the restaurant has
derived at least 51 percent of its
gross income from the sale of food
and nonalcoholic beverages. Such
percentage shall be determined by
calculating the average monthly
gross revenue from the sale of food
and nonalcoholic beverages for the
immediately previous 12-month pe-
riod. The owner of the restaurant
shall submit a signed affidavit at-
testing to the compliance of the
required percentage. Such affida-
vit shall be binding upon the owner
of the restaurant. The owner shall
also retain cash register receipts,
guest checks and ledgers which
may be reviewed at the request of
the city to determine compliance.
Failure to provide records requested
shall be grounds for revocation of
its occupational license and spe-
cial exception granted under this
section. The restaurant, if adver-
tised, shall be advertised and held
out to the public to be a place
where meals are prepared and
served.
4. Sale or consumption of malt bev-
erages and wine shall be limited to
the time period set by chapter 6.
d. Chapters or incorporated clubs or
veteran's fraternal organizations con-
forming to F.S. § 565.02(4).
(3) Package retail sales of alcoholic beverages
for carryout, except for beer and wine sales,
shall comply with subsections (a)(1),
(a)(2)c.5., (a)(4), (a)(5)a.3. and (a)(5)a.5. of
this section only.
(4) One parking space shall be provided for
each three seats or seating places. All seats
or seating places, whether located within a
restaurant area or a bar/lounge area, will
be included in the calculation of the re-
quired number of parking spaces. Package
retail sales establishments shall provide
Supp. No. 3 CD110:24
ZONING § 110-191
parking as determined by the building of-
ficial, who shall use the ratios established
in article IX of this chapter.
(5) Each application for a special exception
shall be accompanied by a vicinity map, a
site plan map and a building floor plan.
a. The vicinity map shall be drawn at a
scale of one inch equals 400 feet and
shall indicate the following informa-
tion:
1. The outer boundary of the vicinity
map, which shall be at least 2,500
feet from the centroid of the pro-
posed establishment's property.
2. Location of all existing public
streets between the proposed es-
tablishment and other establish-
ments and land uses as described
in subsections (a)(1) and (a)(2) of
this section.
3. Location of all existing churches,
schoolgrounds or playgrounds
which are within the vicinity map
area with specific distances to the
proposed establishment affixed per
subsection (a)(1) of this section.
4. Location of all establishments li-
censed by the state division of al-
coholic beverages and tobacco, in-
cluding package retail sales, which
are within the required vicinity
map area with specific distances
to the proposed establishment af-
fixed per subsection (a)(2) of this
section.
5. Existing zoning for all properties
within 300 feet to the property of
the proposed establishment shall
be indicated.
b. The site plan map shall be drawn at a
scale not less than one inch equals 100
feet and shall indicate the following
information:
1. Location and dimension of the pro-
posed establishment's property
lines, all existing and proposed
structures, driveways, parking
spaces and ingress/egress points.
2. The following information shall be
presented in tabulated form:
i. Number of parking spaces.
ii. Number of restaurant seats.
iii. Number of bar/lounge seats.
iv. Building area.
v. Lot area.
c. The building floor plan shall be of a
scale of not less than one -eighth inch
equals one inch and shall detail room
layouts and exits.
(b) The special exception may be subject to
cancellation by the board of adjustment if the
board finds that the establishment has been det-
rimental to the health, safety, welfare and morals
of the public and that all laws pertaining to the
establishment's operation have not been complied
with.
(c) For on -premises consumption of liquors, res-
taurants or cocktail lounges shall have a mini-
mum building area of 2,000 square feet and a
seating capacity of 100 patrons.
(Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96;
Ord. No. 20-96, § 1, 9-17-96)
Secs. 110-172-110-190. Reserved.
ARTICLE V. NONCONFORMITIES
Sec. 110-191. Intent.
(a) Within the districts established by this chap-
ter or subsequent amendments there exist lots,
structures, placement of structures, uses of land
and structures and characteristics of use which
were lawful prior to enactment of the ordinance
from which this section is derived or amendment,
but which would be prohibited, regulated or re-
stricted under the terms of this chapter or subse-
quent amendment. It is the intent of this chapter
to permit these nonconformities to continue, but
not to encourage their continuance. Such
nonconformities are declared incompatible with
permitted lots, structures, placement of struc-
tures, uses and characteristics of use in applica-
ble districts. It is further the intent of this chapter
Supp. No. 3 CD110:25
§ 110-191 CAPE CANAVERAL CODE
that nonconformities shall not be used as grounds
for adding other structures or uses prohibited
elsewhere in the same district.
(b) Any building which is made nonconforming
by virtue of this chapter shall be allowed to be
replaced, if it is destroyed, to the same standards
that it was prior to the adoption of this chapter
(September 6, 1983). This shall also include those
projects which are yet to be completed, but for
which application for site plan approval has been
made prior to adoption of this chapter and for
which a building permit was obtained before
February 28, 1984. If a rebuilding is required, all
efforts shall be made, where practicable, to con-
form to the existing zoning ordinance.
(c) All nonconforming lots of record as of Sep-
tember 6, 1983, shall be allowed to be used in
constructing structures that have been destroyed.
The rebuilt structure will be rebuilt as close as
practicable to the original building and shall
make every effort to conform to the existing
zoning ordinance.
(d) This chapter shall not be construed to allow
for the extension or enlargement of a nonconform-
ing lot or building but is merely intended to allow
the rebuilding of structures after the result of a
catastrophe in as near a similar fashion as prac-
ticable.
(Code 1981, § 643.01)
Sec. 110-192. Mobile home parks and single-
family mobile home districts.
(a) Mobile home parks and single-family mo-
bile home districts in existence on October 28,
1975, shall be permitted, provided the number of
spaces shall not exceed those licensed or previ-
ously platted to such mobile home parks or dis-
tricts on that date and provided further that such
mobile home parks shall not exceed the limits of
property also on that date under unity of title and
shall be in accordance with state law.
(b) Removal and installation of a mobile home
unit shall be done only after a permit is issued for
this purpose by the building official.
(Code 1981, § 643.03)
Sec. 110-193. Nonconforming structures.
Where a lawful structure exists at the effective
date of adoption or amendment of the ordinance
from which this section is derived that could not
be built under this chapter because of restrictions
on area, lot coverage, height, setback or other
characteristics of the structure or its location on
the lot, such structure may be continued, so long
as it remains otherwise lawfully subject to the
following:
(1) Such structure may not be enlarged or
altered in a way which increases its non-
conformity, but any structure or portion
thereof may be altered to decrease its non-
conformity.
(2) Should such structure be destroyed by any
means to an extent of more than 50 percent
of its fair market value at time of destruc-
tion, it shall not be reconstructed, except in
conformity with this chapter.
(3) Should such structure be moved for any
reason for any distance whatever, it shall
thereafter conform to the regulations of the
district in which it is located after it is
moved.
(4) Where a lawful dwelling structure, located
on a single lot of record, exists at the
effective date of adoption or amendment of
the ordinance from which this section is
derived that could not be built under this
chapter, such structure may be repaired,
enlarged, extended, rebuilt, reconstructed
or structurally altered, provided that set-
back dimensions, maximum lot coverage,
building setback lines and other require-
ments of the additional structure conform
to the regulations for the district in which
such lot is located. Any additional construc-
tion to an existing structure that en-
croaches on setback requirements must
conform to the setback requirements of the
zoning district. Any legally established en-
croachment on setback requirements may
be repaired, rebuilt, reconstructed or struc-
turally altered, but not enlarged or ex-
tended, provided the encroaching portion of
the structure is an integral part of the
structure.
(Code 1981, § 643.05)
Supp. No. 3 CD110:26
ZONING § 110-195
Sec. 110-194. Nonconforming uses of land.
In any zoning district, at the effective date of
adoption or amendment of the ordinance from
which this section is derived, where lawful use of
land exists that is made no longer permissible
under the ordinance from which this section is
derived, as enacted or amended, and where such
use involves no individual structure with a re-
placement cost exceeding $2,500.00, such use
may be continued, so long as it remains otherwise
lawful, subject to the following:
(1) No such nonconforming use shall be en-
larged, increased or extended to occupy a
greater area of land than was occupied at
the effective date of adoption or amend-
ment of the ordinance from which this
section is derived, unless such use is changed
to a use permitted in the district in which
such use is located.
(2) No such nonconforming use shall be moved
in whole or in part to any other portion of
the lot or parcel occupied by such use at the
effective date of adoption or amendment of
the ordinance from which this section is
derived.
(3) If any such nonconforming use of land
ceases for any reason for a period of more
than 90 consecutive days, any subsequent
use of such land shall conform to the sec-
tions specified by this chapter for the dis-
trict in which such land is located.
(4) No additional structure which does not
conform to this chapter shall be erected in
connection with such nonconforming use of
land.
(Code 1981, § 643.07(A))
Sec. 110-195. Nonconforming uses of struc-
tures or of structures and
premises in combination.
If a lawful use involving individual structures
or of structures and premises in combination,
with a replacement cost of $2,500.00 or more per
individual structure, exists at the effective date of
adoption or amendment of the ordinance from
which this section is derived that would not be
allowed in the district under this chapter, the
lawful use may be continued, so long as it remains
otherwise lawful, subject to the following:
(1) No existing structure devoted to a use not
permitted by this chapter in the district in
which it is located shall be enlarged, ex-
tended, constructed, reconstructed, moved
or structurally altered, except in changing
the use of the structure to a use permitted
in the district in which it is located.
(2) Any nonconforming use may be extended
throughout any parts of a building which
were manifestly arranged or designed for
such use at the time of adoption or amend-
ment of the ordinance from which this
section is derived, but no such use shall be
extended to occupy any land outside such
building.
(3) Any structure or structure and land in
combination, in or on which a nonconform-
ing use is superseded by a permitted use,
shall thereafter conform to the regulations
for the district in which such structure is
located, and nonconforming use may not
thereafter be resumed.
(4) When a nonconforming use of a structure
or structure and premises in combination
is discontinued or abandoned for six con-
secutive months or for 18 months during
any three-year period, except when govern-
ment action impedes access to the prem-
ises, the structure or structure and prem-
ises in combination shall not thereafter be
used, except in conformance with the reg-
ulations of the district in which it is lo-
cated.
(5) Where nonconforming use status applies to
a structure and premises in combination,
removal or destruction of the structure
shall eliminate the nonconforming status
of the land. The term "destruction," for the
purpose of this subsection, means damage
to an extent of more than 50 percent of the
fair market value at time of destruction.
(6) The following schedule shall be followed in
terminating nonconforming use of struc-
tures or of structures and premises, except
Supp. No. 3 CD110:27
§ 110-195
CAPE CANAVERAL CODE
for residential uses; such termination pe-
riod shall commence August 4, 1971:
Assessed Valuation
of Improvements
$ 1,000.00—$ 2,499.00
2,500.00— 4,999.00
5,000.00— 9,999.00
10,000.00— 24,999.00
25,000.00— 49,999.00
50,000.00—over
Time
Allowance
Termination
in Years
5
10
20
30
40
50
(7) Any new or additional use which is noncon-
forming shall not be permitted.
(8) Notwithstanding subparagraph (7), the
board of adjustment may grant a change of
use (used in conjunction with a nonconform-
ing structure and premises) from one non-
conforming use to another nonconforming
use which is equally or more restrictive,
less intensive, and more compatible with
the surrounding area. Apetition for a change
shall be submitted to the building official
and shall contain or be subject to the fol-
lowing:
a. The property owner's name and ad-
dress, a recorded deed indicating own-
ership and the legal description of the
property.
b. An affidavit executed before a notary
public under penalty of perjury attest-
ing to the existing use and the date the
use was established.
c. A sealed, as -built survey or a scaled
drawing of the site along with a nota-
rized affidavit that the drawing is true
and correct. Such survey shall show
the dimensions, height, number of units
and square footage of all structures,
setback of all structures, and distances
between structures.
d. An application fee as established by
the city council to be set forth in ap-
pendix B to the zoning code.
e. Clear and convincing evidence that dem-
onstrates that the proposed noncon-
forming use (used in conjunction with
a nonconforming structure and prem-
ises) is as equally or more restrictive,
less intensive, and more compatible
with the surrounding area than the
present nonconforming use.
f. All proposed applications shall be sub-
mitted to the planning and zoning board
for study and written recommenda-
tion. Such proposal shall be submitted
at least 14 days prior to the planning
and zoning board meeting at which it
is to be considered.
g. The board of adjustment shall consider
the recommendation of the planning
and zoning board as part of the official
record when hearing an application.
h. Notice shall be given at least 15 days
in advance of the public hearing. The
owner of the property for which ap-
proval is sought or his agent shall be
notified by certified mail. Notice of
such hearing shall be posted on the
property for which the change of non-
conforming use is sought and at the
city hall.
i. A courtesy notice may be mailed to the
property owners of record within a
radius of 500 feet; provided, however,
failure to mail or receive such courtesy
notice shall not affect any action or
proceedings taken under this article.
j. Any party may appear in person or be
represented by an attorney at the pub-
lic hearing.
k. The board of adjustment shall make
written findings certifying compliance
in the same manner that is provided
for in section 110-47 of this chapter. In
addition to the criteria contained in
section 110-47, the board of adjust-
ment shall also determine if the pro-
posed nonconforming use is more re-
strictive, less intensive and more
compatible or appropriate than the
present nonconforming use and in its
determination the board of adjustment
may consider, including, but not lim-
Supp. No. 3
CD 110:28
ZONING § 110-222
ited to, the following: Will the re-
quested use (i) use less space; (ii) have
fewer employees; (iii) require less park-
ing; (iv) create less traffic; (v) have
fewer deliveries; (vi) create less noise;
(vii) create a better benefit to surround-
ing area than previous use; (viii) be
more acceptable with the existing and
future use or make up of the area, (ix)
be more normally found in a similar
neighborhood; or (x) be of a less impact
than the present nonconforming use?
(Code 1981, § 643.07(B); Ord. No. 19-96, § 1,
9-3-96)
Sec. 110-196. Repairs and maintenance.
(a) On any building devoted in whole or in part
to any nonconforming use, work may be done in
any period of 12 consecutive months on ordinary
repairs or on repair or replacement of nonbearing
walls, fixtures, wiring or plumbing to an extent
not exceeding ten percent of the replacement
value of the building, provided that the cubic
content of the building as it existed at the time of
passage or amendment of the ordinance from
which this section is derived shall not be in-
creased and, provided further, that such repair or
replacement shall not affect the assessed valuation -
time allowance before termination setting the
time limit for conformity, set forth in section
110-195(6).
(b) Nothing in this chapter shall be deemed to
prevent the strengthening or restoring to a safe
condition of any building or part thereof declared
to be unsafe by an official charged with protecting
the public safety, upon order of such official.
(Code 1981, § 643.09)
Sec. 110-197. Temporary uses.
The casual, intermittent, temporary or illegal
use of land or structures shall not be sufficient to
establish the existence of a nonconforming use.
Such use shall not be validated by the adoption of
the ordinance from which this section is derived,
unless it complies with this chapter.
(Code 1981, § 643.15)
Secs. 110-198-110-220. Reserved.
ARTICLE VI. SITE PLANS*
Sec. 110-221. Submittal and review required.
Under this chapter, site plan submittal and
review are required for the following:
(1) New commercial buildings or structures.
(2) New residential structures with four or
more dwelling units.
(3) Commercial additions exceeding 850 square
feet of gross floor area.
(Code 1981, § 645.05(A))
Sec. 110-222. Criteria required.
Site plan criteria required under this chapter
shall be as follows:
(1) Plan drawn to scale, no greater than one
inch to 50 feet, on sheets two feet by three
feet, showing the following site data:
a. Size, height, number of units and loca-
tion of proposed and existing struc-
tures and their relationship to prop-
erty lines, setbacks, easements, streets,
etc.
b. Dimensions and total gross acreage of
the site and percentage devoted to struc-
tures and percentage of parking area
devoted to landscaping with curbs and
water provisions.
c. Total number of units proposed; total
number and size of on -site parking
spaces and loading zones.
d. Traffic flow diagram to ensure that an
orderly and safe traffic flow is permit-
ted within the site and that no traffic
problems are created by the proposed
ingress and egress routes.
e. Calculation of density (dwelling units
per acre).
f. Location and dimension of areas for
parks, canals, waterways, boat slips,
parking areas, swimming pools, drive-
ways, recreation, trash and garbage
pickup, sidewalks, dune crossovers, etc.
*Cross reference —Planning, ch. 58.
Supp. No. 3 CD110:28.1
§ 110-222
CAPE CANAVERAL CODE
g. In those site plans which require a
subdivision of land, no site plan shall
be approved until the planning and
zoning board has given approval to the
preliminary plat.
h. The type of enclosure for and location
of communal -type trash containers
(dumpsters). Type of enclosure shall be
subject to approval and acceptance of
the planning and zoning board.
i. Fire alarm and standpipe data, when
required.
j. Site vicinity map.
k. Location of planned landscaping in com-
pliance with sections 110-566 and 110-
567.
(2) Topographic survey, including the follow-
ing:
a. USC and G.S. datum plane.
b. Existing and proposed streetlights, wa-
ter, sewer, paving, storm drains, fire
hydrants, sidewalks, etc.
c. Lot lines and dimensions of all set-
backs, structures and easements.
d. Location of established seawall line
and information for construction, if re-
quired.
e. Surveyor's certification.
Supp. No. 3 CD110:28.2
ZONING § 110-223
f. Elevations to be given on one -foot in-
tervals.
Range markers and coastal construc-
tion setback line, where required.
Location and type of existing trees four
inches in diameter or larger.
(3) Engineering data, including the following:
a. Finished grades for entire parcel, fin-
ished elevations for floors, streets,
parking lots, sidewalks, ten inches of
adjoining property, etc.
b. Details, sections and specifications re-
quired of all improvements, such as
streetlights, water and sewer (struc-
tures, pipes, appurtenances), paving
and drainage, curbs, storm drainage
and sidewalks.
c. Engineer's seal required in drawings.
d. Engineering storm drainage design cal-
culation and drainage maps.
(4) Square footage of building for the following:
a. Living
b. Parking
c. Other
d. Total under roof.
(5) Drawing notes required as follows:
a. Sidewalk and sanitary sewers to be con-
structed to city standards.
b. Water lines to conform to City of Cocoa
standards.
c. Where applicable, fire alarm system to
be installed and connected to city fire
department standards.
(6) For mean high water, survey shall be done
by procedures established by F.S. § 177.25
et seq.
(Code 1981, § 645.05(C))
Sec. 110-223. Review procedures.
(a) Five copies of the site plan, prepared, signed
and sealed by a professional engineer licensed by
the state, shall be filed with the building official
no later than 30 days prior to the meeting date at
which the applicant is seeking planning and
zoning board review. Filing fees as set forth in
appendix B to this Code shall be paid at this time.
(b) The site plan shall be submitted by the
building department to the following department
heads for their review and comments:
(1) City engineer or registered engineers ap-
proved by the city.
(2) Building department.
(3) Fire marshal.
(4) State department of environmental protec-
tion. All phases calling for buildings lo-
cated on the Atlantic Ocean and Banana
River are to be reviewed by this depart-
ment.
(c) Within 14 days of the time the plans are
received by the various department heads, they
shall submit, in writing, to the building depart-
ment, a written report commenting on factors re-
lating to the site plan.
(d) The building department shall give a copy
of the written comments to the applicant or his
representative to review, respond to and make any
changes he deems appropriate to conform to the
comments and recommendations from the depart-
ment heads.
(e) The applicant shall submit seven copies of
the revised site plan, along with his architect's
and engineer's comments, in response to the de-
partment heads' reviews, to the building depart-
ment no later than five days prior to the meeting.
(0 All plans shall be made available to the plan-
ning and zoning board. All site plans required
under this article shall be reviewed for approval
by the planning and zoning board. The building
official shall prepare a site plan checklist to be
submitted to the planning and zoning board when
a site plan is reviewed.
(g) If the planning and zoning board elects to
grant conditional approval of a site plan subject to
any conditions or contingencies, the applicant shall
have 90 days from the date of conditional site plan
approval to satisfy any such conditions and/or con-
tingencies. If all conditions and/or contingencies
are satisfied, the final site plan approval date shall
be either the expiration of the 90-day period, or
the date the building official certifies by notation
on all city site plan copies all conditions and/or
CD110:29
§ 110-223
CAPE CANAVERAL CODE
contingencies as satisfied, whichever first occurs.
The 90-day compliance period may be extended at
the discretion of the planning and zoning board if
the applicant demonstrates unusual circumstances
or undue hardship.
(h) The planning and zoning board shall have
no authority to consider a proposed site plan un-
less:
(1) The applicant has adequately and com-
pletely addressed all items on the site plan
checklist prepared by the building official;
and
(2) The applicant has otherwise complied with
all matters contemplated under this sec-
tion.
At any meeting held for that purpose, the plan-
ning and zoning board shall table and reschedule
any site plan scheduled for consideration which is
determined by the building official not to have
complied with all of the requirements of this sec-
tion. A finding by the building official that a site
plan is ready for consideration by the planning
and zoning board shall not be construed as binding
the board to approve the site plan.
(i) If the planning and zoning board elects to
deny any other site plan submitted for review, the
applicant shall. have 90 days from the meeting
date at which the site plan was considered to ad-
dress any changes or deficiencies. If any site plan
so revised is not considered by the planning and
zoning board at or before the next regularly sched-
uled meeting immediately following the expira-
tion of the 90-day period, the application shall be
deemed withdrawn and the applicant shall begin
the application process anew, including payment
of another application fee.
(Code 1981, § 645.05(B); Ord. No. 37-93, 10-19-93;
Ord. No. 2-94, 2-1-94)
Sec. 110-224. Expiration.
All site plans under this article shall expire in
12 months from the final approval of the planning
and zoning board, unless the buildingpermit is
issued or the applicant files with the city in writing
a time extension for such site plan. The planning
and zoning board shall recommend at its discre-
tion such requests for city council approval by res-
olution only if justifiable cause is demonstrated
and there have been no changes in any regula-
tions in the interim. If granted, there shall be a
one-time extension for no longer than six months.
(Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2, 11-
7-91)
Secs. 110-225-110-245. Reserved.
ARTICLE VII. DISTRICTS*
DIVISION 1. GENERALLY
Sec. 110-246. Official zoning map —Adopted.
(a) The city is divided into zones or districts, as
shown on the official zoning map which, together
with all explanatory matter thereon, is adopted
by reference and declared to be part of this chapter.
The official zoning map shall be identified by the
signature of the mayor, attested to by the city
clerk and bearing the seal of the city under the
following words: "This is to certify that this is the
official zoning map referred to in section 110-246
of the Code of Ordinances of the City of Cape
Canaveral, Florida," together with the date of the
adoption of the ordinance from which this chapter
is derived.
(b) The official zoning map in effect at the time
of passage of the ordinance from which this chapter
is derived shall remain in effect and shall be rei-
dentified as provided in subsection (a) of this sec-
tion. If, in accordance with this chapter and state
law, changes are made in district boundaries or
other matter portrayed on the official zoning map,
such changes shall be made on the official zoning
map promptly after the amendment has been ap-
proved by the city council, together with an entry
on the official zoning map as follows: "On (date),
by official action of the city council, the following
change(s) were made in the official zoning map:
(brief description of nature of change)," which
entry shall be signed by the mayor and attested
by the city clerk. The amending ordinance shall
provide that such changes or amendments shall
not become effective until they have been duly
*Cross reference —Sign regulations for shopping centers,
§ 94-100.
CD110:30
ZONING § 110-249
entered upon the official zoning. map or matter
shown thereon except in conformity with the pro-
cedures set forth in this chapter.
(c) Any unauthorized change in the official
zoning map of whatever kind by any person shall
be considered a violation of this chapter and pun-
ishable as provided in section 1-15.
(d) Regardless of the existence of purported
copies of the official zoning map which may from
time to time be made or published, the official
zoning map which shall be stored in city hall when
not in use and readily available to the public shall
be the final authority as to the zoning status of
land and water areas, buildings and other struc-
tures in the city.
(Code 1981, § 633.01)
Sec. 110-247. Same —Replacement.
If the official zoning map becomes damaged, de-
stroyed, lost or difficult to interpret because of the
nature or number of changes and additions, the
city council may by resolution adopt a new official
zoning map which shall supersede the prior offi-
cial zoning map. The new official zoning map may
correct drafting or other errors or omissions in the
prior official zoning map, but no such correction
shall have the effect of amending the original
zoning ordinance or any subsequent amendment
thereof as published in this chapter. The new of-
ficial zoning map shall be identified by the signa-
ture of the mayor, attested by the city clerk, and
shall Bear the seal of the city under the following
words: "This is to certify that this official zoning
map supersedes and replaces the official zoning
map adopted (date of adoption of map being re-
placed) as part of Ordinance No. 2-83 of the City of
Cape Canaveral, Florida." Unless the prior offi-
cial zoning map has been lost or has been totally
destroyed, the prior map or any significant parts
thereof remaining shall be preserved, together
with all available records pertaining to its adop-
tion or amendment.
(Code 1981, § 633.03)
Sec. 110-248. Rules for interpretation of dis-
trict boundaries.
Where uncertainty exists as to the boundaries
of zoning districts as shown on the official zoning
map, the following rules shall apply:
(1) Boundaries indicated as approximately fol-
lowing the centerlines of streets, highways
or alleys shall be construed to follow such
centerlines.
(2) Boundaries indicated as approximately fol-
lowing platted lot lines shall be construed
as following such lot lines.
(3) Boundaries indicated as approximately fol-
lowing the city limits shall be construed as
following the city limits.
(4) Boundaries indicated as following a shore-
line or bulkhead line shall be construed to
follow such shoreline or bulkhead line and,
if change in the shoreline or bulkhead line
occurs, shall be construed as following the
original shoreline or bulkhead line; bound-
aries indicated as approximately following
the centerlines of streams, rivers, canals,
lakes or other bodies of water shall be con-
strued to follow such centerlines.
(5) Boundaries indicated as parallel to or ex-
tensions of features indicated in subsec-
tions (1) through (4) of this section shall be
so construed. Distances not specifically in-
dicated on the official zoning map shall be
determined by the scale of the map.
(6) If the actual location of physical features
varies from those shown on the official
zoning map or in other circumstances not
covered by subsections (1) through (4) of this
section, the board of adjustment shall in-
terpret the district boundaries.
(Code 1981, § 633.05)
Sec. 110-249. Application of district require-
ments.
The requirements set by this chapter within
each zoning district shall be minimum require-
ments and shall apply uniformly to each class or
CD 110:31
§ 110.249
CAPE CANAVERAL CODE
kind of structure or land, and particularly as pro-
vided in sections 110-250 through 110-257.
(Code 1981, § 635.00)
Sec. 110-250. Conformity.
No building, structure or land shall be used or
occupied and no building or structure or part
thereof shall be erected, constructed, recon-
structed, moved or structurally altered unless in
conformity with all of the sections specified for
the district in which it is located.
(Code 1981, § 635.01)
Sec. 110-251. Structure height, maximum
units, lot area, setbacks.
No building or other structure shall be erected
or altered to:
(1) Exceed the. height;
(2) Accommodate or house a greater number of
families;
(3) Occupy a greater percentage of lot area;
(4) Have narrower or smaller rear setback,
front setback, side setback or other open
spaces than required; or
(5) In any other manner be contrary to this
chapter.
(Code 1981, § 635.03)
Sec. 110-252. Duplicate use of setbacks, open
space, parking space.
No part of a setback or open space or offstreet
parking or loading space required in connection
with any building for the purpose of complying
with this chapter shall be included as part of a
setback, open space or offstreet parking or loading
space similarly required for any other building.
(Code 1981, § 635.05)
Sec. 110-253. Reuse of area used for density
calculations.
(a) The area used in either a site plan or plot
plan to determine the number of living units al-
lowed on that area shall not be reused in com-
puting the number of living units for that area or
for any subsequent area used with that area.
(b) The building department shall maintain a
file of site plans or plot plans and a map which
shall evidence which areas have been used in com-
puting numbers of living units. Upon application
to the planning and zoning board, the planning
and zoning board shall have the discretion to ac-
cept a revised site plan, provided the revised site
plan shall not exceed the maximum number of
living units for any or all of the site.
(Code 1981, § 635.07)
Sec. 110-254. Dimension or area reduction
below minimum.
No setback or lot existing at the time of passage
of the ordinance from which this section is de-
rived shall be reduced in dimension or area below
the minimum requirements set forth in this
chapter. Setbacks or lots created after the effec-
tive date of the ordinance from which this section
is derived shall meet the minimum requirements
established by this chapter.
(Code 1981, § 635.09)
Sec. 110-255. Lot and street requirements for
structures.
Every building or structure erected shall be lo-
cated on a lot and shall be on a lot adjacent to a
public street or with access to a public street. For
a parcel of land which is not adjacent to a public
street, the front of such parcel shall be that
boundary or side which is adjacent to the legal
access.
(Code 1981, § 635.11)
Sec. 110-256. Zoning classification of annex-
ations.
The zoning classification of all property which
may be annexed to the city shall be determined by
the city council upon recommendation of the plan-
ning and zoning board at the time of annexation.
(Code 1981, § 635.13)
Sec. 110-257. Unusual uses or uses not spe-
cifically permitted.
Any zoning use which, in the opinion of the
building official, is similar to a permitted use shall
be treated in the same manner as the use to which
it is similar. Any application to permit a use which,
CD 110:32
ZONING § 110-275
in the opinion of the building official, is not
similar to a listed permitted use or due to its
nature is an unusual use shall be referred to the
board of adjustment which will, according to the
procedures set forth for a special exception in
article II of this chapter, determine the proper
zone for such use. The board of adjustment may
prescribe appropriate additional conditions and
safeguards in the public interest.
(Code 1981, § 635.15)
Secs. 110-258-110-270. Reserved.
[DIVISION 2.:, R.-.1 LOW DENSITY
RESIDENTIAL DISTRICT*
Sec. 110-271. Intent.
The requirements for the R-1 low density resi-
dential, district are intended to apply to an area of
single-family unattached residential develop-
ment. Lot sizes and other restrictions are in-
tended to promote and protect a high quality of
residential development.
(Code 1981, § 637.01)
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1
low density residential district are as follows:
Single-family dwellings. In no case shall there
be more than one principal structure per
lot or parcel. Dwelling unit rentals of less
than seven days are prohibited.
(Code 1981, § 637.03)
Sec. 110-273. Accessory uses and structures.
In the R-1 low density residential district, ac-
cessory uses and structures shall be permitted as
follows:
(1) Noncommercial piers, boathouses and load-
ing places intended solely for the use of the
adjoining residences, providing that the
following conditions are met:
a. No dock or pier shall extend over five
feet beyond the property line, unless
*Cross reference —Sign restrictions in R-1 low density
residential district, § 94-96.
(2)
(3)
(4)
(Code
the abutting waterway is over 100 feet
in width at such point where the pier
or dock is constructed.
b. No watercraft moored to such use shall
be usedas living quarters, except as
provided by section 110-552.
c. All applicable regulations and restric-
tions of the U.S. Army Corps of Engi-
neers and other federal, county, state
and local controls shall be adhered to.
Noncommercial botanical nurseries and
greenhouses.
Customary accessory uses of a residential
nature, clearly incidental and subordinate
to the principal. use, including garages,
carports and the like, in keeping with the
residential character of the district.
Home occupations subject to section 110-
521 et seq.
1981, § 637.05)
Sec. 110-274. Special exceptions permissi-
ble by board of adjustment.
In the R-1 low density residential district, the
following special exceptions shall be permitted by
the board of adjustment:
(1) Public and semipublic parks, playgrounds,
playfields, recreation facilities and adult
congregate living facilities.
(2) Public utility equipment; uses and rights -
of -way essential to serve the neighborhood
in which it is located.
(Code 1981, § 637.07)
Sec. 110-275. Prohibited uses and structures.
In the R-1 low density residential district, all
uses not specifically or provisionally permitted in
this division and any use not in keeping with the
single-family residential character of the district,
including two-family and multiple -family dwell-
ings, townhouses and mobile home parks, are
prohibited.
(Code 1981, § 637.09)
Supp. No. 3 CD110:33
§ 110-276
CAPE CANAVERAL CODE
Sec. 110-276. Area and dimensions.
In the R-1 low density residential district, the
following area and dimensions shall be required:
(1) Minimum lot area shall be 7,500 square
feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 40 percent.
(5) Minimum living area shall be 1,100 square
feet.
(6) Maximum height shall not exceed 25 feet.
(Code 1981, § 637.11)
Sec. 110-277. Minimum setbacks.
In the R-1 low density residential district, the
following minimum setbacks shall be required:
(1) Front, 25 feet.
(2) Side (interior lot line), eight feet or ten
percent of lot, whichever is greater, up to
20 feet.
(3) Side (corner lot line), 25 feet.
(4) Rear, 25 feet; 20 feet when abutting an
alley.
(5) Public or private street, 25 feet.
(Code 1981, § 637.11)
Sec. 110-278. Offstreet parking and access.
In the R-1 low density residential district,
offstreet parking area and access to a public or
private street shall be provided in accordance
with section 110-491 et seq.
(Code 1981, § 637.13)
Secs. 110-279-110-290. Reserved.
D VISLON 37R-2 MEDIUM_DENSITY..?
(RESIDENTIAL DISTR_ICT__*.'
Sec. 110-291. Intent.
The requirements for the R-2 medium density
residential district are intended to apply to an
'Cross reference —Sign restrictions in the R-2 medium
density residential district, § 94-97.
area of medium density residential development
with a variety of housing types. Lot sizes and
other restrictions are intended to promote and
protect medium density residential development
maintaining an adequate amount of open Space
for such development.
(Code 1981, § 637.15)
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district,
the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no
more than 15 dwelling units per net residential
acre, and dwelling unit rentals of less than seven
days are expressly prohibited.
(Code 1981, § 637.17; Ord. No. 17-96, § 1, 10-1-96)
Sec. 110-293. Accessory uses and structures.
In the R-2 medium density residential district,
accessory uses and structures shall be permitted
as follows:
(1) Noncommercial piers, boathouses and load-
ing places intended solely for the use of the
adjoining residences, provided the follow-
ing conditions are met:
a. No dock or pier shall extend over five
feet beyond the property line, unless
the abutting waterway is over 100 feet
in width at such point where the pier
or dock is constructed.
b. No watercraft moored to such use shall
be used as living quarters, except as
provided by section 110-552.
c. All applicable regulations and restric-
tions of the U.S. Army Corps of Engi-
neers and other federal, county, state
and local controls shall be adhered to.
(2) Noncommercial botanical nurseries and
greenhouses.
(3) Customary accessory uses of a residential
nature, clearly incidental and subordinate
Supp. No. 3 CD110:34
ZONING § 110-298
to the principal use, including garages,
carports and the like, in keeping with the
residential character of the. district.
(4) Home occupations, subject to section 110-
521.
(5) Parking lots and facilities in conjunction
with one or more principal uses.
(Code 1981, § 637.19)
Sec. 110-294. Special exceptions permissi-
ble by board of adjustment.
In the R-2 medium density residential district,
the following special exceptions shall be permis-
sible by the board of adjustment:
(1) Public utility equipment; uses and rights -
of -way essential to serve the neighborhood
in which it is located.
(2) Public and nonprofit private schools with
conventional curriculums; public libraries.
(3) Churches and other places of worship; par-
ish houses.
(4) Public safety structures and equipment,
such as fire substations, civil defense facil-
ities and the like.
(5) Public and semipublic parks, playgrounds,
playfields and recreation facilities.
(Code 1981, § 637.21)
Sec. 110-295. Prohibited uses and structures.
In the R-2 medium density residential district,
all uses and structures not specifically or provi-
sionally permitted in this division are prohibited.
(Code 1981, § 637.23)
Sec. 110-296. Area and dimension.
In the R-2 medium density residential district,
the following area and dimensions shall be re-
quired:
(1) Minimum lot area shall be as follows:
(2)
(3)
a. One- and two-family, 7,500 square feet.
b. Multiple -family, 10,000 square feet.
Minimum lot width shall be 75 feet.
Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 35 percent.
(5) Minimum living or floor area shall be as
follows:
a. One -family, 1,100 square feet per dwell-
ing unit.
b. Two-family, 750 square feet per dwell-
ing unit.
c. Multiple family, as follows:
1. Efficiency, 450 square feet per
dwelling unit.
2. One bedroom, 650 square feet per
dwelling unit.
3. Two bedrooms, additional bed-
rooms, 750 square feet per dwell-
ing unit (plus 200 square feet for
each additional bedroom).
(6) Maximum height shall not exceed 25 feet.
(7) Maximum length or width of a structure
shall not exceed 185 feet.
(Code 1981, § 637.25)
Sec. 110-297. Minimum setbacks.
(a) In the R-2 medium density residential dis-
trict, the following minimum setbacks shall be
required.
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), eight feet or ten
percent of width of lot, whichever is greater,
up to 15 feet.
(3) Side (corner lot line), 25 feet; on all noncon-
forming lots of record, 15 feet.
(4) Rear, 15 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 637.25)
Sec. 110-298. Offstreet parking and access.
In the R-2 medium density residential district,
offstreet parking and access to a public or private
street shall be provided in accordance with sec-
tion 110-491 et seq.
(Code 1981, § 637.27)
Supp. No. 3 CD110:35
§ 110-299
Secs. 110-299-110-310. Reserved.
DIVISION 4. R=3 MEDIUIVI DENSITY)
rRESIDENTIAL- DISTRICT*7
Sec. 110-311. Intent.
The requirements for the R-3 medium density
residential district are intended to apply to an
area of medium density residential development
with a variety of housing types. Lot sizes and
other restrictions are intended to promote and
protect medium density residential development
maintaining an adequate amount of open space
for such development.
(Code 1981, § 637.29)
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district,
the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no
more than 15 dwelling units per net residential
acre, and dwelling unit rentals of less than seven
days are expressly prohibited.
(Code 1981, § 637.31; Ord. No. 17-96, § 2, 10-1-96)
Sec. 110-313. Accessory uses and structures.
In the R-3 medium density residential district,
the following accessory uses and structures shall
be permitted:
(1) Noncommercial piers, boathouses and load-
ing places intended solely for the use of the
adjoining residences, provided the follow-
ing conditions are met:
a. No dock or pier shall extend over five
feet beyond the property line, unless
the abutting waterway is over 100 feet
in width at such point where the pier
or dock is constructed.
'Cross reference --Sign restrictions in the R-3 medium
density residential district, § 94-98.
APE CANAVERAL CODE
b. No watercraft moored to such use shall
be .used as living quarters, except as
provided by section 110-552.
c. All applicable regulations and restric-
tions of the U.S. Army Corps of Engi-
neers and other federal, county, state
and local controls shall be adhered to.
(2) Noncommercial botanical nurseries and
greenhouses.
(3) Customary accessory uses of a residential
nature, clearly incidental and subordinate
to the principal use, including garages,
carports and the like, in keeping with the
residential character of the district.
(4) Home occupations subject to section 110-
521.
(5) Parking lots and facilities in conjunction
with one or more principal uses.
(Code 1981, § 637.33)
Sec. 110-314. Special exceptions permissi-
ble by board of adjustment.
In the R-3 medium density residential district,
special exceptions permissible by the board of
adjustment shall be as follows:
(1) Public utility equipment; uses and rights -
of -way essential to serve the neighborhood
in which it is located.
(2) Public and nonprofit private schools with
conventional curriculums; public libraries.
(3) Churches and other places of worship; par-
ish houses.
(4) Public safety structures and equipment,
such as fire substations, civil defense facil-
ities and the like.
(5) Public and semipublic parks, playgrounds,
playfields and recreation facilities.
(Code 1981, § 637.35)
Sec. 110-315. Prohibited uses and structures.
In the R-3 medium density residential .district,
all uses and structures not specifically or provi-
sionally permitted in this division are prohibited.
(Code 1981, § 637.37)
Supp. No. 3 CD110:36
ZONING § 110-331
Sec. 110-316. Area and dimensions.
In the R-3 medium density residential district,
area and dimensions shall be as follows:
(1) Minimum lot area shall be as follows:
a. One- and two-family, 7,500 square feet.
b. Multiple -family, 10,000 square feet.
Minimum lot width shall be 75 feet.
Minimum lot depth shall be 100 feet.
Maximum lot coverage shall be 35 percent.
Minimum living or floor area shall be as
follows:
a. One -family, 1,100 square feet per dwell-
ing unit.
b. Two-family, 750 square feet per dwell-
ing unit.
c. Multiple family, as follows:
1. Efficiency, 450 square feet per
dwelling unit.
2. One bedroom, 650 square feet per
dwelling unit.
3. Two bedrooms, additional bed-
rooms, 750 square feet per dwell-
ing unit plus 200 square feet for
each additional bedroom.
(6) Maximum height shall not exceed 45 feet.
(7) Maximum length or width of a structure
shall not exceed 185 feet.
(Code 1981, § 637.39)
(2)
(3)
(4)
(5)
Sec. 110-317. Minimum setbacks.
(a) In the R-3 medium density residential dis-
trict, the minimum setbacks required shall be as
follows:
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), eight feet or ten
percent of width of lot, whichever is greater,
up to 15 feet. (See subsection (b) of this
section.)
(3) Side (corner lot line), 25 feet; on all noncon-
forming lots of record, 15 feet.
(4) Rear, 15 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(c) Side setbacks for all lots contiguous with
the ocean beach shall be ten feet or ten percent of
the width of the lot, whichever is greater, up to 15
feet.
(Code 1981, § 637.39)
Sec. 110-318. Offstreet parking and access.
In the R-3 medium density residential district,
offstreet parking and access to a public or private
street shall be provided in accordance with sec-
tion 110-491 et seq.
(Code 1981, § 637.41)
Sec. 110-319. Minimum breeze requirement.
In the R-3 medium density residential district,
at least 25 percent of the north/south dimension
of the property shall be open to the breeze in an
east/west direction. This shall include required
setbacks.
(Code 1981, § 637.43)
Sec. 110-320. Dune crossovers required.
In the R-3 medium density residential district,
site plans with four or more units on parcels on
the Atlantic Ocean shall provide dune crossovers
conforming to specifications of the state depart-
ment of environmental protection. All such cross-
overs shall be maintained in a safe condition by
the owners of the property. All crossovers will be
allowed to be built within the setback area, pro-
vided a state department of environmental pro-
tection permit is obtained, and there will be no
requirement for a variance to allow these struc-
tures to be built in the setback area.
(Code,1981, § 637.44)
Secs. 110-321-110-330. Reserved.
7DIUISION 5. C-1 LOW DENSITY-)
l" `COMMERCIAL DISTRICT*_ 2
Sec. 110-331. Intent.
The requirements for the C-1 low density com-
mercial district are intended to apply to an area
*Cross reference —Sign regulations in the C-1 low den-
sity commercial district, § 94-99.
Supp. No. 3 CD110:37
§ 110-331
CAPE CANAVERAL CODE
adjacent to major arterial streets and convenient
to major residential areas. The types of uses
permitted are intended to serve the consumer
needs of nearby residential neighborhoods, as
well as the commercial needs of the motorist. Lot
sizes and other restrictions are intended to reduce
conflict with adjacent residential uses and to
minimize the interruption of traffic along thor-
oughfares. All buildings in this district shall be
considered in the fire district, as per the defini-
tion in section 110-1, and shall be built in con-
formance with the rules and regulations of fire
districts.
(Code 1981, § 637.45)
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district, the
following uses and structures are permitted:
(1) Retail stores, sales and display rooms.
(2) Personal service establishments, such as
beauty shops and barbershops, laundry and
dry cleaning pickup stations, tailor shops
and similar uses.
(3) Professional offices, studios, clinics, labora-
tories, general offices, business schools and
similar uses.
(4) Hotels, motels. In no case shall there be
more than 30 rental units per net acre nor
shall a rental unit have a floor area less
than 300 square feet. Hotel and motel units
containing provisions for cooking or light
housekeeping shall have a minimum floor
area not less than 400 square feet. Motels
and hotels may not be converted to other
types of dwellings at more than the density
required in this chapter for such dwellings.
(5) Eating establishments.
(6) Public and semipublic parks, playgrounds,
clubs and lodges, cultural facilities, hospi-
tals, clinics, mortuaries, funeral homes,
government offices, schools, churches and
similar uses.
(7) Banks and financial institutions.
(8) Commercial recreation, such as driving
ranges, bowling alleys and similar uses.
(9) Plant nurseries and greenhouses, provided
that all outside display merchandise shall
be contained in the required setbacks.
(10) Repair service establishments, such as
household appliances, radio and TV and
similar uses, but not including automobile
repairs.
(11) Kindergartens and child care facilities.
(12) Shopping centers and malls.
(13) Retail sale of beer and wine for off -pre-
mises consumption.
(14) Public schools.
(Code 1981, § 637.47; Ord. No. 17-96, § 3, 10-1-96)
Sec. 110-333. Accessory uses and structures.
In the C-1 low density commercial district,
customary accessory uses of one or more of the
principal uses clearly incidental and subordinate
to the principal use, in keeping with the low
density commercial character of the district, are
permitted.
(Code 1981, § 637.49)
Sec. 110-334. Special exceptions permissi-
ble by board of adjustment.
(a) In the C-1 low density commercial district,
after public notice and hearing, the board of
adjustment may permit special exceptions which
are compatible to permitted uses and which are
able• to meet the minimum requirements and
performance standards as set forth in this zoning
district.
(b) The board of adjustment may adjust set-
backs and provisions noted in article IX of this
chapter as necessary and appropriate in granting
special exceptions.
(c) Special exceptions may be permitted for the
following:
(1) Veterinary hospitals and clinics.
(2) Radio and television studios, broadcasting
towers and antennas.
Supp. No. 3 CD110:38
ZONING § 110-334
(3) Automotive service stations, subject to the
following:
a. All setbacks shall be no less than 25
feet from any portion of the building,
including pump island.
b. Underground storage is required for all
receptacles for combustible materials
in excess of 55 gallons. Such storage
shall comply with all Environmental
Protection Agency standards.
c. The accumulation and storage of waste
petroleum products is forbidden, un-
less in compliance with Environmental
Protection Agency standards.
d. Curb cuts shall be made in accordance
with section 110-493.
e. No service stations shall be erected or
located within 150 feet of the property
line of any church, hospital, school or
park.
f. A visual screen, meeting the specifica-
tions of section 110-566, shall be pro-
vided along any property line abutting
a residential district or residential use.
Services and sales permissible include
only the following:
1. Spark plugs, batteries, distributor
parts, ignition system parts, ve-
hicle wiring and the like.
2. Exhaust system components, en-
gine cooling components, automo-
tive air conditioning system com-
ponents, braking system
components, vehicle lighting
system components, radios,
steering assembly parts, fuel
system components and the like.
3. Tire servicing and repair, but not
recapping.
4. Washing and polishing, including
the sale of related materials.
5. Greasing, oil changes and other lu-
brication.
6. Sale of cold drinks, package foods,
tobacco and similar convenience
goods for service station customers.
7. Road maps, informational mate-
rials, restroom facilities.
8. Truck and trailer rentals.
g•
h. Vehicles shall not be parked outside
the building for more than four days,
such four days to be considered as an
accumulated parking time, whether
consecutive or accumulated.
i. Uses permissible at a service station
do not include body work, straightening
of body parts, painting, welding (other
than minor repairs), storage of automo-
biles not in operating condition or other
work involving noise, glare, fumes,
smoke or other characteristics to an ex-
tent greater than normally found in ser-
vice stations. A service station is not a
body shop.
Automotive parts, new or used, shall
not be stored outside.
k. Vehicles are not to be dismantled or
scrapped for. parts.
1. Engine and transmission overhaul may
be performed only inside the service
bays.
m. A minimum of two enclosed service
bays and a customer waiting area must
be provided if maintenance and repairs
are a part of the business.
n. A minimum building size of 2,000
square feet shall be provided.
o. No plants (grass, weeds, etc.) shall be
allowed to grow through cracks or joints
in the pavement.
Landscaping shall conform to section
110-566.
Service stations shall not be erected or
located within 2,000 feet of the prop-
erty line of another service station.
(4) Places in which goods are produced and sold
at retail upon the premises.
(5) Vocational and trade schools not involving
operations of an industrial nature.
(6) Commercial establishments which sell, dis-
pense, serve or store alcoholic beverages or
which permit the consumption of alcoholic
beverages on their premises. Also see sec-
tion 110-332.
j•
p-
q•
(7) Dry cleaning establishments using nonin-
flammable solvents and cleaning fluids, as
determined by the fire chief.
CD110:39
§ 110-334
CAPE CANAVERAL CODE
(8) Retail stores using outside display areas,
provided the following are met:
a. The area of outside display shall not
exceed in size one-third of the enclosed
area of the principal structure.
b. The outside display area shall be con-
sidered the same as the floor area for
the purpose of calculating offstreet
parking, setbacks and lot coverage.
(9) New and used automobiles, major recre-
ational equipment and mobile home sales
or rentals with accessory services, subject
to the following:
a. All outside areas where merchandise
is displayed shall be paved.
b. All ingress and egress points to abut-
ting streets shall be marked clearly and
placed not closer than 150 feet apart
on the same street.
c. All servicing and repair activities, ex-
cept gasoline pumps shall be located in
an enclosed structure.
d. There shall be no storage of junked or
wrecked automobiles, other than tem-
porary storage not to exceed 30 days,
and these vehicles shall be in an en-
closed area and not be visible from out-
side the property.
e. Ingress and egress points shall not be
placed so as to endanger pedestrian
traffic.
(10) Single-family dwellings, two-family dwell-
ings, townhouses and multiple -family dwell-
ings; provided, however, there shall not be
more than 15 dwelling units per net resi-
dential acre. See requirements in the R-2
district in division 3 of this article. These
requirements apply to residential construc-
tion in the C-1 district.
(11) Commercial establishments for the storage
or parking of recreational vehicles, trailers
and trailerable items, provided it meets the
following, as a minimum:
a.
b.
Minimum lot size of 10,000 square feet.
Vehicle storage area must be obscured
from view by either walls, fences or
hedges.
c. Walls, fences and hedges must comply
with all city rules and regulations and
must be kept in good condition so as to
ensure obstruction from view.
(12) Public utility equipment; uses and rights -
of -way essential to serve the neighborhood
in which it is located.
(13) Theatres, drive-in theatres, photographic
studios, bookstores and dance studios, un-
less such uses fall within the scope and re-
strictions of section 10-86 et seq.
(14) Carwashes, including polishing, anI sale of
related materials.
(Code 1981, § 637.51)
Sec. 110.335. Prohibited uses and structures.
In the C-1 low density commercial district, the
following uses and structures are prohibited:
(1) All uses not specifically or provisionally per-
mitted in this division.
(2) Any use which fails to meet performance
standards specifications as provided in sec-
tion 110-466.
(3) Bottle clubs.
(Code 1981, § 637.53)
Sec. 110-336. Area and dimensions.
In the C-1 low density commercial district, the
following areas and dimensions shall be required:
(1) Minimum lot area shall be as follows:
a. Service stations, hotels and motels, [Hotels 5 acres/43,500sf Per Case]
12,000 square feet.
b. All other principal uses and structures,
5,000 square feet, and, in addition, the
ratio of gross floor area to lot area shall
not exceed 1.5:1.0.
(2)
Minimum lot width shall be as follows:
a. Service stations, hotels and motels, 100 [Hotels 100 ft?]
feet.
b. All other principal uses and structures, ;
50 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
CD110:40
ZONING
(5) Minimum living or floor area shall be as
follows:
a. Hotels and motels, 300 square feet per
rental unit.
b. Hotel and motel units containing pro-
visions for cooking or light housekeep-
ing, not less than 400 square feet.
c. All other principal uses and struc-
tures, 300 square feet.
(6) The maximum height of all buildings con-
structed within the C-1 district shall be 45
feet.
(Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96)
Sec. 110-337. Minimum .setbacks.
(a) In the C-1 low density commercial district,
the minimum setbacks required shall be as fol-
lows:
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), zero feet; 25 feet
when abutting a residential district.
(3) Side (corner lot line), 25 feet.
(4) Rear, 10 feet; 25 feet when abutting a
residential district.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 637.55)
Sec. 110-338. Landscaping, screening and
parking.
In the C-1 low density commercial district,
landscaping, screening and parking shall be pro-
vided pursuant to article IX of this chapter per-
taining to supplementary district regulations.
(Code 1981, § 637.57)
Sec. 110-339. Offstreet parking and access.
In the C-1 low density commercial district,
offstreet parking and access to a public or private
street shall be provided in accordance with sec-
tion 110-466. < says nothing about parking S/B: article IX
(Code 1981, § 637.59) GA (1
Supp. No. 3
Secs. 110-340-110-350. Reserved.
§ 110-352
DIVISLON_6. _M:1_LIGHT INDUSTRIAL AND
(RESEARCH AND DEVELOPMENT
DISTRICT*
Sec. 110-351. Intent
The requirements for the M-1 light industrial
and research and development district are in-
tended to apply to an area located in close prox-
imity to transportation facilities and which can
serve light manufacturing, research and develop-
ment, distribution and other industrial functions.
Restrictions in this division are intended to min-
imize adverse influences of the industrial activi-
ties. All principal uses permitted in this zone
shall be contained in an enclosed structure. All
buildings in this district shall be considered in the
fire district, as per the definition in section 110-1,
and built in conformance with the rules and
regulations of fire districts.
(Code 1981, § 638.01)
Sec. 110-352. Principal uses and structures.
In the M-1 light industrial and research and
development district, the following uses and struc-
tures are permitted, provided any use or group of
uses that are developed, either separately or, if
developed as a unit with certain site improve-
ments, shared in common, meet requirements of
article IX of this chapter:
(1) General offices, studios, clinics, laborato-
ries, data processing and similar uses.
(2) Engineering, laboratory, scientific and re-
search instrumentation and associated uses.
(3)
Manufacturing of:
a. Instruments for controlling, measur-
ing and indicating physical character-
istics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instru-
ments and supplies.
d. Ophthalmic goods.
*Cross reference —Sign regulations in the M-1 light in-
dustrial and research and development district, § 94-99.
CD110:41
§ 110-352
CAPE CANAVERAL CODE
e. Watches, clocks, clockwork -operated de-
vices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and ath-
letic goods.
Radio, TV, phonograph and electronics
instruments and parts.
k. Pens, pencils and other office and art-
ist materials.
1. Costume jewelry, costume novelties,
buttons and notions.
m. Other similar uses.
(4) Ministorage and storage garages.
(5) Paint and body shops.
(6) Motor vehicle repair shops.
(7) Adult entertainment establishments, pro-
viding it complies with the following provi-
sions:
a. Definitions. Where applicable, words
or phrases used in this subsection shall
be defined according to chapter 10,
article IV of the Cape Canaveral City
Code.
b. Prohibited locations. Notwithstanding
any other provision of the zoning ordi-
nance of the city, no person shall cause
or permit the establishment of an adult
entertainment establishment within
1,000 feet of another such establish-
ment or within 1,000 feet of any pre-
existing religious institution, school,
public park or any residentially zoned
district (R-1, R-2, R-3). This provision
shall also apply to adult entertainment
establishments, religious institutions,
public parks and areas zoned for resi-
dential use that lie outside of the city.
c. Permissible locations. Notwithstand-
ing any other provisions of the zoning
ordinance of the city, except those con-
tained in subparagraph b., prohibited
locations, above, adult entertainment
establishments shall be allowed in the
M-1 zoning district
d. Measurement of distance. The distance
between any two adult entertainment
establishments shall be measured in a
straight line, without regard to inter-
vening structures, from the closest ex-
terior structural wall of each such es-
tablishment. The distance between any
adult entertainment establishment and
any residential zoning district, reli-
gious institution, public park or school
shall be measured in a straight line,
without regard to intervening struc-
tures, from the closest exterior -struc-
tural wall of the adult entertainment
establishment to the nearest boundary
of the area zoned for residential use, or
nearestproperty boundary of any reli-
gious institution, public park or school.
e. Amortization of nonconforming uses.
The operation of an adult entertain-
ment establishment which, on the ef-
fective date of Ordinance Number 1-96,
is operating, or is found by a court of
law to have had a right to operate,
within 1,000 feet of another such es-
tablishment; within 1,000 feet of any
preexisting religious institution, school,
public park or area zoned for residen-
tial use, shall be discontinued by Sep-
tember 1, 1999, if such business con-
tinues to be within 1,000 feet of another
such business or within 1,000 feet of
any religious institution, school, public
park or area zoned for residential use.
In the event two or more adult enter-
tainment establishments are located
within 1,000 feet of each other and
qualify under this section as noncon-
forming uses, the first of such estab-
lishments to have initiated operations
within the city, provided it otherwise
complied with all applicable zoning
regulations, shall be permitted to con-
tinue operation at its established loca-
tion and the location of all other adult
entertainment establishments that con-
tinue to be within 1,000 feet of such
establishment shall be discontinued by
September 1, 1999.
Supp. No. 3 CD110:42
ZONING
f. Waiver. The city council, may waive the
distance requirements of subparagraph
(4) above if it fords:
1. That the proposed use will not be
contrary to the public interest or
injurious to nearby properties, and
that the spirit and intent of the
zoning ordinance will be observed;
2. That all applicable provisions of
this subsection and the City of
Cape Canaveral Adult Entertain-
ment Code will be observed; and
3. That the proposed use will not be
contrary to any adopted land use
plan.
(8) Vocational schools and colleges.
(Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96;
Ord. No. 17-96, § 4, 10-1-96)
Sec. 110-353. Accessory uses and structures.
In the M-1 light industrial and research and
development district, accessory uses and struc-
tures shall be permitted as follows:
(1) Retail sales of products manufactured upon
the premises.
(2) Customary accessory uses of one or more of
the principal uses, clearly incidental and
subordinate to the principal use, in keeping
with the light industrial and research and
development character of the district.
(Code 1981, § 638.05)
Sec. 110-354. Special exceptions permissi-
ble by board of adjustment.
(a) In the M-1 light industrial and research
and development district, after public notice and
hearing, the board of adjustment may permit
special exceptions which are compatible to per-
mitted uses and which are able to meet the
minimum requirements and performance stan-
dards as set forth in this zoning district.
(b) The board of adjustment may adjust set-
backs and provisions of section 110-566 as deemed
necessary and appropriate in granting a special
exception.
§ 110-354
(c) Special exceptions may be granted for the
following:
(1) Outside storage, as provided in section
110-566.
(2) Freight handling facilities; transportation
terminals.
(3) Temporary security facilities, subject to an-
nual review.
(4) Service stations, subject to the provisions
designated in division 5 of this article for
the C-1 district.
(5) Veterinary hospitals and clinics, subject to
the provisions designated in division 5 of
this article for the C-1 district.
(6) Storage of liquefied petroleum products,
provided that all such uses comply with the
standards set out in the National Fire
Protection Association, Fire Prevention Code.
Above ground storage of liquefied petro-
leum products in excess of 3,000 gallons
shall be in an established fire district.
(7) Recycling activities for the collection of
nonhazardous materials, provided that all
storage of such materials shall be in ap-
proved structures, containers or trailers.
(8) Radio and TV studios.
(9) Shopping centers, provided the shopping
center is on a minimum ten -acre plot and
has a minimum of 75,000 square feet of
interior space under the roof. AJJ. shopping
centers shall be built in conformance with
the criteria for the classification of shop-
ping centers as set forth in the building
code adopted in section 82-31.
(10) Public utility equipment; uses and rights -
of -way essential to serve the neighborhood
in which it is located.
(11) Adult entertainment establishments, sub-
ject to the following:
a. Definitions. Where applicable, words
or phrases used in this subsection shall
be defined according to section 10-86.
b. Prohibited locations. Notwithstanding
any other section of this chapter, no
person shall cause or permit the estab-
Supp. No. 3
CD110:43
§ 110-354 CAPE CANAVERAL CODE
lishment of an adult entertainment
establishment within 500 feet of an-
other such establishment or within
1,000 feet of any pre-existing religious
institution, school, public park or any
residentially zoned district (R-1, R-2,
R-3). This subsection shall apply to
adult entertainment establishments in
the city and religious institutions, pub-
lic parks and areas zoned for residen-
tial use that lie outside of the city.
c. Permissible locations. Notwithstand-
ing any other section of this chapter,
except that contained in subsection
(c)(11)b. of this section, adult entertain-
ment establishments shall be allowed
in the M-1 zoning district by special
exception.
d. Measurement of distance. The distance
between any two adult entertainment
establishments shall be measured in a
straight line, without regard to inter-
vening structures, from the closest ex-
terior structural wall of each such es-
tablishment. The distance between any
adult entertainment establishment and
any religious institution, public park
or school shall be measured in a straight
line, without regard to intervening
structures, from the closest exterior
structural wall of the adult entertain-
ment establishment to the closest prop-
erty line of the religious institution,
public park or school. The distance
between any adult entertainment es-
tablishment and an area zoned for
residential use shall be measured in a
straight line, without regard to inter-
vening structures, from the closest ex-
terior structural wall of the adult en-
tertainment establishment to the
nearest boundary of the area zoned for
residential use.
e. Amortization of nonconforming uses.
The operation of an adult entertain-
ment establishment which, on the ef-
fective date of the ordinance from which
this section is derived, is operating or
is found by a court of law to have had a
right to operate within 500 feet of
another such establishment or within
1,000 feet of any pre-existing religious
institution, school, public park or area
zoned for residential use shall be dis-
continued by September 1, 1989, if
such business continues to be within
500 feet of another such business or
within 1,000 feet of any religious insti-
tution, school, public park or area zoned
for residential use. If two or more adult
entertainment establishments are lo-
cated within 500 feet of each other and
qualify under this subsection as non-
conforming uses, the first of such es-
tablishments to have initiated opera-
tions within the city, provided it
otherwise complies with all applicable
sections of this chapter, shall be per-
mitted to continue operation at its es-
tablished location, and the location of
all other adult entertainment establish-
ments that continue to be within 500
feet of such establishment shall be
discontinued by September 1, 1989.
f. Waiver. The city council may waive the
distance requirements of subsection
(c)(11)d. of this section if it finds:
1. The proposed use will not be con-
trary to the public interest or in-
jurious to nearby properties and
the spirit and intent of this chap-
ter will be observed;
2. All applicable sections of this chap-
ter and article IV of chapter 10 of
this Code will be observed; and
3. The proposed use will not be con-
trary to any adopted land use plan.
(12) Permanent security living facilities, sub-
ject to an annual review and the following:
a. Maximum size not to exceed 800 square
feet.
b. Security personnel only; no children
allowed.
c. Facility to be used exclusively for se-
curity purposes.
(13) Restaurants.
Supp. No. 3
CD110:44
ZONING § 110-371
(14) Public buildings.
(Code 1981, § 638.07; Ord. No. 13-95, § 1, 9-19-95)
Cross reference —Adult entertainment, § 10-86 et seq.
Sec. 110-355. Prohibited uses and structures.
In the M-1 light industrial and research and
development district, the following uses and struc-
tures are prohibited:
(1) All uses not specifically or provisionally
permitted in this division and uses not in
keeping with the light industrial and re-
search and development character of the
district.
(2) Any use deemed objectionable by the stan-
dards established in section 110-466 et seq.
(Code 1981, § 638.09)
Sec. 110-356. Area and dimensions.
In the M-1 light industrial and research and
development district, the area and dimensions
shall be as follows:
(1) Minimum lot area shall be 10,000 square
feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
(5) Minimum floor area shall be 300 square
feet.
(6) The maximum height of all buildings con-
structed within the M-1 zoning district
shall be 45 feet.
(Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
Sec. 110-357. Minimum setbacks.
(a) In the M-1 light industrial and research
and development district, the minimum setbacks
required shall be as follows:
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), 15 feet, except where
industrial property abuts a residential dis-
trict, in which case the minimum side in-
terior lot shall be 25 feet.
(3) Side (corner lot line), 25 feet.
(4) Rear, 15 feet, except where industrial prop-
erty abuts a residential district, in which
case the minimum rear yard requirement
shall be 25 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 638.11)
Sec. 110-358. Landscaping, screening and
parking.
In the M-1 light industrial and research and
development district, landscaping, screening and
parking shall be as provided in article IX of this
chapter.
(Code 1981, § 638.13)
Sec. 110-359. Performance standards.
In the M-1 light industrial and research and
development district, performance standards shall
be as provided in section 110-466 et seq.
(Code 1981, § 638.15)
Sec. 110-360. Parking and loading.
In the M-1 light industrial and research and
' development district, offstreet parking shall be as
provided in section 110-491 et seq. and offstreet
loading shall be as provided in section 110-506 et
seq.
(Code 1981, ch. 638.17)
Secs. 110-361-110-370. Reserved.
DIVISION 7. TOWNHOUSES
Sec. 110-371. Permitted use.
Townhouses are permitted as an allowed use in
R-2 and R-3 districts.
(Code 1981, ch. 639)
Supp. No. 3 CD110:44.1
§ 110-372 CAPE CANAVERAL CODE
Sec. 110-372. Area and dimensions.
Townhouse area and dimensions shall be as
follows:
(1) Minimum area to be developed shall be
6,250 square feet.
(2) Minimum lot area shall be 1,600 square
feet.
(3) Minimum lot width shall be 20 feet.
(4) Minimum lot depth shall be 70 feet.
Supp. No. 3 CD110:44.2
ZONING § 110-378
(5) Maximum lot coverage by all buildings
shall be 40 percent of the site area.
(6) Minimum floor area shall be as follows:
a. One bedroom, 650 square feet per
dwelling unit.
b. Two bedrooms, 750 square feet per
dwelling unit.
c. Additional bedrooms, 200 square feet
per bedroom.
(7) Maximum building length or width shall
be 185 feet.
Until December 31,1993, 50 and 75-foot-wide non-
conforming lots of record may have 16-foot-wide
townhouse lots.
(Code 1981, § 639.03)
Sec. 110-373. Minimum setbacks.
For townhouses, the minimum setbacks required
shall be as follows:
(1) Front, 25 feet.
(2) Side, end unit, eight feet.
(3) Side, interior unit, zero feet.
(4) Rear, 15 feet.
(5) Side, corner lot, 25 feet; on all noncon-
forming lots of record, 15 feet.
(Code 1981, § 639.03)
Sec. 110-374. Offstreet parking.
For a townhouse, there shall be a minimum of
three parking spaces for each living unit located
on the same property as the main building. The
minimum of three parking spaces shall be re-
quired of all living units of three bedrooms or less.
Living units containing in excess of three bed-
rooms shall require an additional parking space
for each bedroom in excess of three.
(Code 1981, § 639.05)
Sec. 110-375. Utilities.
For townhouse utilities, the following shall
apply:
(1) All utility distribution systems, including
but not limited to television cable, tele-
phone and electrical systems shall be in-
stalled underground. Primary facilities pro-
viding services to the site may be excluded.
(2) A five-foot public access easement shall be
provided along each side and across the rear
of the site.
(Code 1981, § 639.07)
Sec. 110-376. Preservation of trees.
For townhouses, during the development of the
subdivision, all trees of four inches in diameter or
larger shall be preserved or replaced, unless they
exist within:
(1) A proposed public or private easement
(2) A proposed structure dimension
(3) A proposed driveway or disignated parking
area.
(4). Ten feet of a proposed structure.
(Code 1981, § 639.09)
Sec. 110-377. Individually platted lots.
Each townhouse unit shall be located on an in-
dividually platted lot. If there exists areas for
common use of the occupants, the plat will not be
approved until satisfactory arrangements are
made for maintenance and presented to the city.
Individual maintenance procedures shall be sub-
mitted to the planning and zoning board to ensure
that all public areas in common open spaces shall
be maintained in a satisfactory manner without
expense to the city.
(Code 1981, § 639.11)
Sec. 110-378. Building permit.
The townhouse developer must file an applica-
tion for a building permit. The application must
be in a format approved by the building official
and shall include all elements necessary for multi-
family construction in accordance with section
110-221 et seq. The expiration date of the building
permit shall be in accordance with section 106.6.1
of the building code adopted in section 82-31.
(Code 1981, § 639.13)
CD110:45
§ 110-379
CAPE CANAVERAL CODE
Sec. 110.379. Development schedule.
A townhouse development schedule shall be sub-
mitted for review to the planning and zoning
board, who may approve, approve subject to con-
ditions or disapprove. When submitted, the devel-
opment schedule shall indicate the staging of con-
struction and the staging of open space or other
common use areas for conveyance, dedication or
reservation; the geographic stages in which the
project will be built; the approximate date when
construction of each stage shall begin; and its an-
ticipated completion date. Provision for the con-
struction of cultural and recreational facilities
which are shown on the site plan shall proceed at
an equivalent or greater rate as the construction
of the dwelling units.
(Code 1981, § 639.15)
Secs. 110-380-110-400. Reserved.
ARTICLE VIII. RESIDENTIAL PLANNED
UNIT DEVELOPMENTS
DIVISION 1. GENERALLY
Sec. 110.401. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Block means an area delineated within a stage
which is subdivided into lots for single units and
individual ownership.
Common open space means a parcel of land or a
combination of land and water within the site des-
ignated as a residential planned unit develop-
ment and designed and intended for the use or
enjoyment of residents of the residential planned
unit development. Common open space shall be
integrated throughout the residential planned unit
development to provide for a linked recreational/
open space system.
Developer means a person who owns land which
is developed into a residential planned unit devel-
opment and who is actually involved in the con-
struction and creation of a residential planned unit
development.
Development plan means the total site plan of
the residential planned unit development drawn
in conformity with this article. The development
plan shall specify and clearly illustrate the loca-
tion, relationship, design, nature and character of
all primary uses, public and private easements,
structures, parking areas, public and private roads
and common open space.
Development schedule means a comprehensive
statement showing the type and extent of devel-
opment to be completed within the various prac-
ticable time limits and the order in which devel-
opment is to be undertaken. A development
schedule shall contain an exact description of the
specific buildings, facilities, common open space
and other improvements to be developed at the
end of each time period.
Final development plan means the development
plan approved by the city. council and recorded
with the clerk of the circuit court of the county
according to this article.
Final development plan application means the
application for approval of the final development
plan and for approval of the required exhibits as
specified in this article.
Lot means a portion of a block intended for the
construction of one dwelling or the transfer of own-
ership or both.
Preliminary development plan means the devel-
opment plan approved by the city council and filed
with approval by the city of a residential planned
unit development zone.
Preliminary development plan application means
the application for approval of the use of a site as
a residential planned unit development and for
approval of the required exhibits as specified in
this article.
Residential planned unit development or RPUD
means an area of land developed as a single entity
or in approved stages in conformity with a final
development plan by a developer or group of de-
velopers acting jointly, which is totally planned to
provide for a variety of residential uses and
common open space.
CD 110:46
ZONING § 110-404
Site means the actual physical area to be devel-
oped as a residential planned unit development,
including the natural and created characteristics
of the area.
Site plan means a detailed, dimensional plan at
a reproducible scale providing information and
graphic depiction of' all physical development re-
lationships to occur within a tract of a residential
planned unit development.
Stage means a specified portion of the residen-
tial planned unit development that may be devel-
oped as an independent entity that is delineated
in the preliminary and final development plan
and specified within the development schedule.
Tract means an area delineated within a stage,
except single unit lots, which is separate unto it-
self having a specific legal description of its bound-
aries. A tract will delineate all land uses, such as
common open space, recreational area, residen-
tial areas, except single unit lots, and all other
applicable areas.
(Code 1981, § 640.03)
Cross reference —Definitions and rules of construction gen-
erally, § 1-2.
Sec. 110-402. Purpose and intent.
(a) The residential planned unit development
is a concept which encourages and permits varia-
tion in residential development by allowing devi-
ation in lot size, bulk or type of dwellings, den-
sity, lot coverage and open space from that
required in any one residential land use classifi-
cation under this chapter. The purpose of an RPUD
is to encourage the development of planned resi-
dential neighborhoods and communities that pro-
vide a full range of residence types designed to
serve tie inhabitants of the RPUD. It is recog-
nized that only through ingenuity, imagination
and flexibility can residential developments be pro-
duced which are in keeping with the intent of this
section, while departing from the strict applica-
tion of conventional use and dimension require-
ments of other zoning districts of the city.
(b) This article is intended to establish proce-
dures and standards for residential planned unit
developments within the city, in order that the
following objectives may be attained:
(1) Accumulation of large areas of usable open
spaces for the preservation of natural amen-
ities.
(2) Flexibility in design to take the greatest
advantage of natural land, trees, historical
and other features.
(3) Creation of a variety of housing types and
compatible neighborhood arrangements
that give the home buyer greater choice in
selecting types of environment and living
units.
(4) Allowance of sufficient freedom for the de-
veloper to take a creative approach to the
use of land and related physical develop-
ment, as well as utilizing innovative tech-
niques to enhance the visual character of
the city.
(5) Efficient use of land which may result in
smaller street and utility networks and re-
duce development costs.
(6) Simplification of the procedure for obtaining
approval of proposed developments through
simultaneous review by the city of proposed
land use, site consideration, lot and set-
back considerations, public needs and re-
quirements and health and safety factors.
(Code 1981, § 640.01)
Sec. 110-403. Permitted uses.
Uses permitted in the residential planned unit
development may include and shall be limited to
the following:
(1) Single-family detached dwelling units.
(2) Multi -family residential dwelling units, in-
cluding apartments, in semi-detached, at-
tached and multi -storied structures.
(Code 1981, § 640.05)
Sec. 110-404. Common open space, drainage
systems, private roads and
other related common facilities.
(a) In the residential planned unit development,
all common facilities shall be maintained for their
intended purpose as expressed in the final devel-
opment plan. One of the following methods or a
CD 110:47
§ 110.404
CAPE CANAVERAL CODE
combination of the following methods shall be uti-
lized for maintaining common facilities:
1) Public dedication to the city. This method
is subject to formal acceptance by the city
in its sole discretion.
(2) Establishment of an association or nonprofit
corporation of all persons owning property
within the residential planned unit devel-
opment to ensure the maintenance of all
common facilities.
(3) Retention of ownership, control and main-
tenance of common facilities by the devel-
oper.
(b) A privately owned common open space shall
continue to conform to its intended use and re-
main as expressed in the final development plan
through the inclusion in all deeds of appropriate
restrictions to ensure that the common open space
is permanently preserved according to the final
development plan. The deed restrictions shall run
with the land and be for the benefit of property
owners and shall contain a prohibition against
partition.
(c) All common open space, as well as public
and recreational facilities, shall be specifically in-
cluded in the development schedule and shall be
constructed and fully improved by the developer
at an equivalent or greater rate than the construc-
tion of residential structures.
(d) If the developer elects to administer common
open space through an association or nonprofit
corporation, the organization shall conform to the
following:
(1) The developer must establish the associa-
tion or nonprofit corporation prior to the
sale of any lots, parcels, tracts or dwelling
units.
(2) Membership in the association or nonprofit
corporation shall be mandatory for all res-
idential property owners within the resi-
dential planned unit development, and the
association or corporation shall not discrim-
inate in its members or shareholders.
(3) The association or nonprofit corporation
shall manage all common open space and
recreational and cultural facilities that are
not dedicated to the public; shall provide
for the maintenance, administration and op-
eration of the land and any other land
within the residential planned unit devel-
opment not publicly or privately owned; and
shall secure adequate liability insurance on
the land.
(4) If the developer elects an association or non-
profit corporation as a method of adminis-
tering common open space, the title to all
residential property owners shall include
an undivided fee simple estate`in all
common open space or appropriate shares
in the association.
(5) The developer shall turn over control of the
association in an orderly manner consis-
tent with F.S. ch. 718 regulating condo-
minium associations, as though it were a
condominium development.
(Code 1981, § 640.07)
Sec. 110-405. Physical review.
The city shall have the right to evaluate the
physical layout, architectural characteristics and
amenities of the residential planned unit devel-
opment and to suggest changes or modifications
designed to create compatibility and conformity
in the variety of uses within the development to
ensure, protect and promote the health, safety and
general welfare of the property owners of the res-
idential planned unit development and the resi-
dents of the city.
(Code 1981, § 640.17)
Sec. 110-406. Building permit.
No building permit for a residential planned
unit development shall be issued by the city until
the final development plan and the applicable site
plan have been approved and duly recorded and
until all required fees have been paid.
(Code 1981, § 640.19)
Sec. 110-407. Bonding.
(a) Prior to the commencement of construction
within a tract or block of a residential planned
unit development, the developer shall file with
the city the following contracts and bonds:
(1) A performance, labor and material pay-
ment bond for the completion of the con-
CD110:48
ZONING § 110-421
struction within one year from the date of
commencement of construction of all public
improvements specified in the final devel-
opment plan.
(2) A performance, labor and material pay-
ment bond for the completion of the con-
struction within one year from the date of
commencement of construction of all
common open areas designated in the final
development plan.
(3) A maintenance warranty bond in the
amount of ten percent of the total cost of
the construction of all public improvements
to be in force for a period of two years fol-
lowing acceptance by the city of the final
construction of public improvements.
(4) In lieu of any bond, the developer may use
an escrow account to ensure the perfor-
mance of the construction as planned if such
account and the administration thereof is
approved by the city council.
(b) Performance bonds may only be accepted for
public improvements or for the following private
improvements: streets, drainage and common us-
able open space. All such bonds shall be from a
company licensed as a surety in the state, listed
by the U.S. Treasury Department and rated
A:AAA in Best's Insurance Guide. Upon accep-
tance of all improvements described in subsec-
tions (a)(1) and (2) of this section, the performance
and payment bonds shall be released.
(c) All of the sections relating to bonding con-
tained. in chapter 98 of this Code pertaining to
subdivisions shall be fully applicable to the bonds
required under this section.
(Code 1981, § 640.21)
Sec. 110-408. Termination zone.
(a) Any owner of all or a portion of land that
has been designated a residential planned unit
development under this article can apply to the
city for the termination of that portion of a stage
within an approved final development plan within
which his property is located if construction has
not been commenced pursuant to the final devel-
opment plan. The procedure for termination shall
be that applicable to a land use classification
change under this chapter.
(b) Failure of the developer to submit a final
development plan for the entire development or a
stage within the time periods specified in section
110-421 shall automatically revoke approval of
the complete preliminary development plan filed
under section 110-422 and the site shall revert to
the previous zoning classification and the official
zoning map shall be changed accordingly to re-
flect such revocation.
(Code 1981, § 640.23)
Sec. 110-409. Enforcement.
In addition to any other method of enforcement,
the city shall have the power to enforce this ar-
ticle by an appropriate suit in equity.
(Code 1981, § 640.25)
Secs. 110-410-110-420. Reserved.
DIVISION 2. DEVELOPMENT PLANS
Sec. 110-421. Application.
The application sequence and nomenclature for
each application level for a residential planned
unit development shall take the form as follows.
These outlines reflect the procedures for prelimi-
nary plan application and final plan application
(this outline shows a two -stage example):
(1) Preliminary development plan.
(2) Final development plan.
a. Stage one.
1. Stage one, tract A site plan.
2. Stage one, tract B site plan.
3. Stage one, tract F site plan.
b. Stage two.
1. Stage two, tract E site plan.
2. Stage two, tract C site plan.
3. Stage two, tract D site plan.
(Code 1981, § 640.11)
CD110:49
§ 110-422
CAPE CANAVERAL CODE
Sec. 110.422. Procedure for receiving ap-
proval of preliminary develop-
ment plan and tentative zoning.
(a) Tentative development plan. Before submis-
sion of a preliminary application for approval as a
residential planned unit development zone, the
developer and his registered engineer, architect
and site planner are encouraged to meet with the
building official and such other personnel as nec-
essary to determine the feasibility and suitability
of his application. This step is encouraged so that
the developer may obtain information and guid-
ance from city personnel before entering into any
binding commitments or incurring substantial ex-
penses of site plan preparation.
(b) Preliminary development plan application.
(1) Preliminary application. A preliminary ap-
plication shall be submitted to the plan-
ning and zoning board by the developer re-
questing approval of the site as a residential
planned unit development zone. See subsec-
tion (b)(3) of this section. The preliminary
application shall contain the name of the
developer, surveyor and engineer who pre-
pared the development plan and topo-
graphic data map and the name of the pro-
posed residential planned unit development.
(2) Exhibits. The following exhibits shall be at-
tached to the preliminary application:
a. Vicinity map indicating the relation-
ship between the residential planned
unit development and its surrounding
area, including adjacent streets and
thoroughfares.
b. Development plan that shall contain
but not be limited to the following in-
formation:
1. Proposed name or title of project
and the name of the engineer, ar-
chitect and developer.
2. North arrow, scale of one inch to
200 feet or larger, date and legal
description of the proposed site.
3. Boundaries of tract shown with
bearings, distances, closures and
bulkhead lines. All existing ease-
ments, section lines and all ex-
CD110:50
isting streets and physical features
in and adjoining the project and
the existing zoning.
4. Name and location of adjoining de-
velopments and subdivisions.
5. Proposed parks, school sites or
other public or private open space.
6. Vehicular and pedestrian circula-
tion systems, including offstreet
parking and loading areas, drive-
ways and access points.
7. Site data, including tabulation of
the total number of gross.acres in
the project, the acreage to be de-
voted to each of the several types
of primary residential and sec-
ondary nonresidential uses and the
total number of dwelling units.
8. Proposed common open space, in-
cluding the proposed improve-
ments and any complementary
structures and the tabulation of
the percent of the total area de-
voted to common open space. Areas
qualifying for common open space
shall be specifically designated on
the site plan.
9. Delineation of specific areas desig-
nated as a proposed stage.
10. General statement, including
graphics, indicating proposed cor-
ridors of drainage and direction,
natural drainage areas, specific
areas which are to function as re-
tention lakes or ponds, anticipated
method for accommodating runoff
(curb and gutter, swales, other) and
treatment methods for discharge
into area waterways for the site to
ensure conformity with natural
drainage within the vicinity area
or with the drainage plan estab-
lished within the vicinity area.
11. General location within the site of
each primary residential and sec-
ondary nonresidential use and the
proposed amount of land to be de-
voted to individual ownership.
12. Schematic drawing of the eleva-
tion and architectural construction
CD110:50
ZONING § 110-422
of the proposed primary and sec-
ondary nonresidential structures.
13. The proposed method of dedication
and administration of proposed
common open space.
c. Topographic data map drawn to a scale
of 200 feet to one inch or larger by a
registered surveyor or engineer
showing the following:
1. The location of existing property
lines both for private property and
public property, streets, buildings,
watercourses, transmission lines,
sewers, bridges, culverts and drain-
pipes, water mains and any public
utility easements.
2. Wooded areas, streams, lakes,
marshes and any physical condi-
tions affecting the site.
3. Existing contours based on U.S.
coast and geodetic data with a con-
tour interval of two feet and pro-
posed finished elevations.
(3) Submittal.
a. The residential planned unit develop-
ment zoning application and prelimi-
nary development plan shall be sub-
mitted to the planning and zoning
board at least 45 days prior to any reg-
ularly scheduled meeting of the board.
b. The application shall include six black
or blue line prints of the development
plan of the proposed residential
planned unit development and a min-
imum of two copies of the required ex-
hibits.
(4) Application review. The preliminary devel-
opment plan shall be reviewed formally by
the building official and city council to de-
termine the feasibility and suitability of the
plan prior to the submission of the residen-
tial planned unit development zoning ap-
plication to the planning and zoning board.
The planning and zoning board shall then
review the preliminary development plan
to determine its conformity with the offi-
cial plans and policies of the city and the
requirements of this section. Upon comple-
tion of its review, the planning and zoning
board shall recommend to the city council
the approval, approval subject to conditions
or disapproval of the preliminary develop-
ment plan application.
(5) Review criteria. The decision of the plan-
ning and zoning board on the preliminary
development plan application shall include
the findings of fact that serve as a basis for
its recommendation. In making its recom-
mendation, the planning and zoning board
shall consider the following facts:
a. Degree of departure of proposed resi-
dential planned unit development from
surrounding residential areas in terms
of character and density.
b. Compatibility within the residential
planned unit development and relation-
ship with surrounding neighborhoods.
c. Prevention of erosion and degrading of
surrounding areas.
d. Provision for future public education
and recreation facilities, transporta-
tion, water supply, sewage disposal,
surface drainage, flood control and soil
conservation, as shown in the prelimi-
nary development plan.
e. The nature, intent and compatibility
of common open space, including the
proposed method for the maintenance
and conservation of the common open
space.
f. The feasibility and compatibility of the
specified stages contained in the pre-
liminary development plan to exist as
an independent development.
g. The availability and adequacy of water
and sewer service to support the pro-
posed residential planned unit devel-
opment.
h. The availability and adequacy of pri-
mary streets and thoroughfares to sup-
port traffic to be generated within the
proposed residential planned unit de-
velopment.
i. The benefits within the proposed devel-
opment and to the general public to jus-
tify the requested departure from the
CD110:51
§ 110-422
CAPE CANAVERAL CODE
standard land use requirements in-
herent in a residential planned unit de-
velopment classification.
j. The conformity and compatibility of the
residential planned unit development
with any adopted development plan of
the city.
k. The conformity and compatibility of the
proposed common open space, primary
residential and secondary nonresiden-
tial uses within the proposed residen-
tial planned unit development.
(6) Review by city council. Upon receiving the
recommendation of the planning and zoning
board, the city council shall, at a regularly
scheduled meeting, review the recommen-
dation and preliminary development plan
and either approve, approve subject to con-
ditions or disapprove the preliminary de-
velopment plan application. Approval of the
preliminary development plan indicates ap-
proval of the residential planned unit de-
velopment zoning, subject to acceptance of
the final development plan: The decision of
the city council shall be based upon a con-
sideration of the facts specified as review
criteria for the planning and zoning board
in subsection (b)(5) of this section.
(7) Recordation of preliminary application. If
the preliminary development plan applica-
tion is approved by the city council, a copy
of the application and required exhibits
shall be filed with the city clerk as a per-
manent record.
(Code 1981, § 640.13)
Sec. 110-423. Procedure for approval of final
development plan.
(a) Time limits. The developer shall have two
years from the approval of the preliminary devel-
opment plan for a residential planned unit devel-
opment zone in which to file a final development
plan application for the entire property or any
stage thereof. At the request of the developer and
for good cause shown, the city council may extend
the period required for filing the application for a
time certain.
(b) Application procedure.
(1) Preapplication conference. The applicant
shall meet with the building department to
discuss the basic final development plan re-
quirements outlined in this division before
submittal of the final development plan.
(2) Submittal. The final development plan shall
be submitted to the planning and zoning
board at least 45 days prior to any regu-
larly scheduled meeting of the board.
(3) Recommendation. The planning and zoning
board shall recommend the approval, ap-
proval subject to conditions or disapproval
of the final development plan based upon
substantial conformity with the prelimi-
nary development plan, the sufficiency and
accurateness of the required exhibits and
the requirements and purposes of this divi-
sion and the ordinances and regulations of
the city. If the planning and zoning board
determines that the final development plan
is not substantially in conformance with the
approved preliminary development plan,
the planning and zoning board shall review
the final development plan and determine
the acceptability of the plan in view of the
preliminary concept as approved and re-
corded. The planning and zoning board shall
recommend the approval, approval subject
to change or disapproval of the final devel-
opment plan.
(4) Review. The city council shall review the
recommendations of the planning and
zoning board at a regular meeting of the
city council and shall approve, approve sub-
ject to conditions or disapprove the appli-
cable final development plan.
(c) Request for approval; exhibits; recording; site
plan. The final development plan application may
request approval for the entire residential planned
unit development or any stage designated in the
preliminary development plan containing a min-
imum of ten acres.
(1) Exhibits. The following exhibits shall be at-
tached to the final development plan appli-
cation:
a. The following engineering drawings de-
picting the detailed plans for services
CD110:52
ZONING § 110.423
and utilities to serve all tracts, blocks
and other areas shall be provided.
1. The drainage plan shall indicate:
i. One -foot interval contours
based upon coast and geodetic
datum.
ii. Proposed finished elevation of
each building site and first
floor level.
iii. All existing and proposed
drainage control and treat-
ment facilities, including the
method for nonpoint pollution
source treatment, with sizes,
grades and other appropriate
structural or nonstructural
specification.
iv. Proposed orderly disposal of
surface water runoff.
v. Centerline elevations along
adjacent streets.
2. If deemed necessary by the city,
subsurface conditions within the
property, including the location
and results of tests made to ascer-
tain the conditions of subsurface
soil, rock and groundwater, and the
existing depth of groundwater.
3. Typical cross section of proposed
grading, streets and sidewalks,
swales, retention ponds and lakes,
canals and waterways.
4. Proposed type of pavement in ac-
cordance with city specifications.
5. Layout of water distribution, san-
itary sewer and storm drainage
systems, with grades and sizes in-
dicated.
6. Final engineering drawing of
water, sanitary sewer and storm
drainage systems and sidewalks,
streets, bulkheads, street name
signs and adequate lighting.
The engineering plans shall be in con-
formity with the requirements and
specifications of the city. All dimen-
sions shall be one inch equals 50 feet
and all angles shall be to the nearest
minute.
b. The final development plan shall con-
tain the following information:
1. Dedication by owner and comple-
tion of certificate of surveyor.
2. The location and dimensions of
each primary residential, sec-
ondary nonresidential and open
space/recreational tract, including
each tract's points of ingress and
egress. The legal description of
each of such tracts and the specific
number of units, including the
range of unit types to be con-
structed within each tract. These
items will be affixed to the orig-
inal linen drawing for recording
purposes.
3. Location and width of canals and
waterways.
4. The location, dimensions and legal
description of each reservation,
easement, street or any area to be
dedicated to public use.
5. Sufficient data to determine
readily and reproduce on the site
the location, bearing and length of
every street, line, lot line,
boundary line, block line and tract
line, whether curved or straight.
6. The radius, central angle, point of
tangent, tangent distance and arcs
and chords of all curved property
lines.
7. A legal description of the residen-
tial planned unit development
boundaries, with bearings, dis-
tances and tie point.
8. Accurate location and description
of all monuments and markers.
An original linen drawing in India ink
of the final development plan shall be
filed plus five black or blue line prints.
All dimensions should be one inch
equals 100 feet, and angles shall be to
the nearest second. The final develop-
ment plan shall be properly signed and
executed by the developer as required
CD110:53
§ 110.423
CAPE CANAVERAL CODE
for recording. The final development
plan shall meet the platting require-
ments of F.S. ch. 177 and all require-
ments and conditions applicable to city
subdivision plats required to be per-
formed or met prior to recordation, in-
cluding but not limited to installation
and completion of improvements or
posting of applicable performance and
maintenance bonds.
c. The development schedule shall con-
tain the following information:
1. The order of construction of the
tracts and blocks as delineated in
the stage development plan.
2. The proposed dates for the begin-
ning of construction of the tracts
and blocks.
3. The proposed date for the comple-
tion of construction of the tracts
and blocks.
4. The proposed schedule for the con-
struction and improvement of
common open space with the stage,
including any complementary
buildings.
d. Deed restriction proposals to preserve
the character of the common open space
as set forth in this subsection. The deed
restrictions shall include a prohibition
against partition by any residential
property owner.
e. If the developer elects to use an asso-
ciation or a nonprofit corporation to ad-
minister common open space, the pro-
posed bylaws of the association or the
certificate of incorporation and the cor-
porate bylaws of the nonprofit corpora-
tion shall be submitted for approval by
the city.
f. Instruments dedicating all rights -of -
way, easements and other public lands
shown on the final development plan
from all persons having any interest in
the land.
A bill of sale, conveying to the appli-
cable authority water and sewer utility
lines, mains, lift stations and other per -
CD 110:54
sonal property required to be installed
by this division.
h. Instruments indicating that all neces-
sary offsite easements or dedications
have been acquired. In lieu of origi-
nals, certified true copies will be ac-
cepted if the recording information
from the public records of the county is
included thereon.
i. A title opinion from an attorney
showing the status of the title to the
site encompassed by the final develop-
ment plan and all liens, encumbrances
and defects, if any.
(2) Recording. Recording of final development
plan shall be as follows:
a. After approval by the city council of
the final development plan application,
the developer shall record the plan in
the public records of the county. No
final development plan of a residential
planned unit development within the
city shall be recorded, unless it shall
have the approval of the city council
inscribed thereon.
b. The transfer of, sale of, agreement to
sell, negotiation to sell land by refer-
ence to or exhibition of or other use of
a final development plan of a residen-
tial planned unit development or por-
tion thereof that has not been given
final approval by the city council is pro-
hibited. The description by metes and
bounds in the instrument of transfer or
other documents shall not exempt the
transaction from such prohibition.
(3) Site plans. Submittal and approval of a site
plan in conformity with this subsection
shall be required of the developer or owner
at the same time he is applying for a final
development plan.
a. The site plan shall contain the fol-
lowing information, however, the infor-
mation required may not be limited to
these information items. No site plan
shall be accepted for review which does
ZONING
not contain all the information as fol-
lows:
1. The site plan shall have a title af-
fixed which is consistent with the
application nomenclature outlined
in section 110-422.
2. The name of the owner and the de-
signer, engineer and architect re-
sponsible for the design of the pro-
posed tract development.
3. For each tract site plan, a vicinity
map indicating the tract's general
location within the total area of the
residential planned unit develop-
ment.
4. Special requirements specified at
either the preliminary or final de-
velopment plan application steps,
if any.
5. Date, north arrow and graphic
scale, not less than one inch equals
50 feet.
6. A tabulation of certain data as fol-
lows:
i. Gross acreage.
ii. Density.
iii. Number of units proposed.
iv. Percent of the tract covered by
structures.
Floor area of dwelling units.
Number of proposed parking
spaces.
7. Location of the tract in relation to
properties adjacent to it which are
not part of the residential planned
unit development and the location
of any screening or buffers on such
properties.
8. Location and dimensions of all
property lines, existing rights -of -
way, utility drainage easements
and existing streets.
9. Location and dimension of all ex-
isting and proposed pavement
driveway approaches, sidewalks,
bikeways, curbs and gutters.
10. Location and dimension of all ex-
isting and proposed parking areas
and loading areas.
v.
vi.
§ 110-423
11. Location and dimensions of all ex-
isting and proposed fire hydrants,
meters, water and sewer lines and
subsurface power lines.
12. Location, size and design of land-
scaped areas, including any ex-
isting trees.
13. Location and size of any lakes,
ponds, canals or other waters or
waterways.
14. All structures and major features
fully dimensioned, including set-
backs and distances between struc-
tures.
15. Location and dimensions of all
solid waste disposal sites for place-
ment of receptacles.
16. Engineering plans as described in
the final development plan proce-
dures. The drainage plan shall be
consistent with the overall
drainage plan approval for the
final development plan.
b. The city council shall approve a resi-
dential planned unit development site
plan if it meets all the requirements
stated in this subsection and is consis-
tent with the approved final develop-
ment plan. Upon the site plan being
approved and a building permit being
issued, the development shall be built
substantially in accordance with the
site plan and the associated specifica-
tions. If after such approval the owner
or applicant or his successors desire to
make any changes to the site plan, such
changes shall first be submitted to the
building official. If the building official
deems that there is a substantial
change or deviation from that which is
shown on the approved site plan, the
owner or applicant or his successors
shall be required to return to the plan-
ning and zoning board and the city
council where it is determined that the
public interest warrants the return.
Upon final approval of the site plan, a
designation of such approval shall be
incorporated on the official zoning map
CD110:55
§ 110.423
CAPE CANAVERAL CODE
of the city, and the approval shall be-
come a binding condition on the use of
the land encompassed by the approved
site plan under the applicable residen-
tial planned unit development zone.
c. Upon approval of the final development
plan, the developer may sell or transfer
any separately identified parcel or tract
of land within the boundaries of the
final development plan not designated
as common open space or areas speci-
fied for the use of all owners within the
residential planned unit development.
(Code 1981, § 640.15)
Secs. 110-424-110-435. Reserved.
DIVISION 3. LAND USE REGULATIONS
Sec. 110-436. Minimum size.
The minimum size for a residential planned unit
development shall be ten acres.'
(Code 1981, § 640.09(A))
Sec. 110.437. Maximum. density.
(a) The average density permitted in each res-
idential planned unit development shall be estab-
lished by the city council, upon recommendation
of the planning and zoning board. The criteria for
establishing an average density includes existing
zoning, adequacy of existing and proposed public
facilities and services, site characteristics and the
recommended density of any land use involving
the area in question. In no case shall maximum
density permitted exceed 15 dwelling units per
acre, and in no case shall the overall number of
dwelling units permitted in the residential
planned unit development be inordinately allo-
cated to any particular portion of the total site
area.
(b) If a developer elects to develop the property
in stages, the cumulative density with each sub-
sequent stage must be approximately the same as
the overall density approved for the entire project,
in that such cumulative density shall not vary
upward more than two units per acre and that
upon completion of all stages the final density.
shall be equal to the density approved in the pre-
liminary development plan.
(Code 1981, § 640.09(B))
Sec. 110.438. Minimum common recreation
and open space.
(a) As used in this section, the term "common
recreation and open space" means the total
amount of improved usable area, including out-
door space, permanently set aside and designated
on the site plan as recreational or open space for
use by residents of the residential planned unit
development.
(b) Twenty-five percent of the gross site acreage
shall be delineated as tracts for common recre-
ation and open space.
(c) Common open space shall be integrated
throughout the residential planned unit develop-
ment to provide for a linked recreational and open
space system. Such usable space may be in the
form of active or passive recreation areas, in-
cluding but not limited to: playgrounds, golf
courses, beach frontage, nature trails and lakes.
Common open space shall be improved to the ex-
tent necessary to complement the residential uses
and may contain compatible and complementary
structures for the benefit and enjoyment of the
residents of the residential planned unit develop-
ment. Easements, parking areas, perimeter set-
back areas, road rights -of -way and minimum yards
and minimum spacings between dwelling units
may not be included in determining open space.
Perimeter setback areas may be included as open
space if improvements such as bikeways and pe-
destrianways are provided. Water bodies may be
used to partially fulfill common open space re-
quirements; calculations for such may not exceed
50 percent of the required open space. The exclu-
sion of water bodies which are in whole or part
drainage easements may be waived by the city
council after adequate measures are provided
which guarantee in perpetuity a level of water
quality acceptable for recreational purposes. Pri-
vate navigable canals shall not be utilized in ful-
filling the common open space requirement. If golf
courses are used to partially fulfill common open
space requirements, calculations for such may not
exceed 60 percent of the required open space.
CD110:56
ZONING § 110-439
Where a golf course is utilized to partially fulfill
the open space requirement, other facilities to meet
the active residential needs of children and adults
shall be provided. All water areas included as part
of the open space requirement shall be permanent
water bodies and shall be improved with 3:1 min-
imum sloped edge extending at least 20 feet into
the water areas and planted with grass and main-
tained around all sides so as not to harbor mos-
quitoes, insects and rodents, unless it is deter-
mined by an environmental review of the water
body that such slope or improvements would be
detrimental to the ecology of such water body site.
(Code 1981, § 640.09(C))
Sec. 110-439. Minimum lot area; frontage; set-
backs; accessory uses.
(a) The minimum lot size for a detached single-
family structure in the residential planned unit
development shall be an area not less than 6,000
square feet and having a width of not less than 60
feet. The minimum lot size may be waived by the
city council if the proposed lots all have substan-
tial relationship to the common open space (e.g.,
directly adjacent or abut a common open space
area) and the arrangement of dwelling units pro-
vides for adequate separation of units and the
living area of the dwelling units is properly re-
lated to the configuration of the proposed lots. All
lots to be platted at less than 7,500 square feet
shall have the location of structures set forth on
the final development plan.
(b) Each dwelling unit or other permitted use
shall have access to a public street either directly
or indirectly via paved road, pedestrianway, court
or other area dedicated to public or private use of
common easement guaranteeing access. Permitted
uses are not required to front on a public dedi-
cated road. The city shall be allowed access on
privately owned roads, easements and common
open space to ensure the police and fire protection
of the area to meet emergency needs, to conduct
city services and to generally ensure the health
and safety of the residents of the residential
planned unit development.
(c) Minimum distances between structures and
setbacks shall be as follows:
(1) For a single-family detached structure, the
structure shall set back not less than eight
feet from the side lot lines and not less than
15 feet from the rear lot line. On a corner
lot, the side street setback shall be not less
than 25 feet. The city council may, upon
recommendation of planning and zoning
board, reduce the required side setbacks and
the distances between structures, provided
that proposed structures do not abut utility
easements or otherwise affect the ability to
provide and maintain utility service to each
lot, to provide the usage of zero lot line ap-
plication and other innovative building
techniques.
(2) Between structures of two stories or less,
15 feet.
(3) Between structures of three stories, 20 feet.
(4) Between structures of four stories, 25 feet.
(5) Between structures over four stories, five
feet for each additional story.
(6) Between structures of varying heights, the
larger distance separation shall be required.
Buildings shall not exceed the maximum height
allowed in the zoning district in which they are
constructed.
(d) Setbacks required between the nearest part
of any building wall and the edge of any public
right-of-way or private street pavement shall be
25 feet, unless waived by the city council based on
the recommendation of the planning and zoning
board. A minimum 25-foot setback shall be main-
tained between the walls of all structures and the
property line along the perimeter of the residen-
tial planned unit development, unless waived by
the city council.
(e) On property bordering the ocean, a min-
imum of 25 percent of the frontage shall be left
open as breezeway.
(fl On property bordering the ocean, all struc-
tures shall be set back at least 50 feet from the
bluff line or vegetation line, whichever is greater,
provided such setback is also subject to the coastal
setback line established by the state department
of environmental protection. On all property bor-
dering other major waterways, all structures shall
CD110:57
§ 110-439
CAPE CANAVERAL CODE
be setback at least 25 feet from the established
shoreline. This setback shall be free of all uses.
(Code 1981, § 640.09(D))
Sec. 110-440. Maximum length of structures.
In a residential planned unit development, the
maximum length of a structure shall be 185 feet,
unless an excess is specifically authorized by the
city council, as recommended by the planning and
zoning board.
(Code 1981, § 640.09(E))
Sec. 110-441. Minimum floor area.
In a residential planned unit development, the
minimum floor area per unit shall be as follows:
(1) Single-family dwellings, attached or de-
tached, unless waived by city council, 1,100
square feet.
(2) Duplex, 750 square feet.
(3) Multi -family dwellings:
a. Efficiency, 450 square feet. '
b. One bedroom, 650 square feet.
c. Two bedrooms, 750 square feet.
d. Three bedrooms, 950square feet.
(Code 1981, § 640.09(F))
Sec. 110-442. Offstreet parking.
In a residential planned unit development, off-
street parking shall be provided as follows:
(1) For primary residential uses, a minimum
of three parking spaces per dwelling unit
shall be provided, unless a reduction in
parking is specifically authorized by the city
council as recommended by the planning
and zoning board. Each space must contain
at least 200 square feet of area and shall be
convenient to residential use. Parking areas
shall not be separated from associated struc-
tures by any public right-of-way. Parking
areas shall be landscaped in accordance
with section 110-567.
(2) Where the residential planned unit devel-
opment consists of single-family detached
dwellings on platted lots of less than 6,600
square feet, the developer may be required
to provide an approved designated common
area for the parking of campers, travel
trailers, recreational trailers and vehicles,
boats and boat trailers and other similar
vehicles.
(Code 1981, § 640.09(G))
Sec. 110-443. Underground utilities.
(a) Within the residential planned unit devel-
opment, all utilities, including telephone, televi-
sion cable and electrical systems, shall be installed
underground. Primary facilities providing service
to the site of the residential planned unit devel-
opment may be exempted from this subsection.
Large transformers shall be placed on the ground
and shall be contained within pad mounts, enclo-
sures or vaults.
(b) The developer must provide landscaping
with shrubs and plants to screen all utility facil-
ities permitted above ground. The planning and
zoning board may require that substations be
screened by trees and shrubs or walls resembling
a structure which is compatible with the design of
the buildings within the residential planned unit
development.
(Code 1981, § 640.09(H))
Sec. 110-444. Development standards.
The minimum construction requirements for
streets or roads, sidewalks, sewer facilities, utili-
ties and drainage in the residential planned unit
development shall be in compliance with the re-
quirements of this chapter and chapter 82 per-
taining to buildings. Design requirements with
respect to streets, sidewalks and drainage may be
waived by the city council upon the recommenda-
tion of the planning and zoning board.
(Code 1981, § 640.09(I))
Sec. 110-445. Preservation of trees.
Within the residential planned unit develop-
ment, trees shall be preserved in accordance with
section 102-36 et seq.
(Code 1981, § 640.09(J))
Secs. 110-446-110-465. Reserved.
CD110:58
ZONING § 110-469
ARTICLE IX. SUPPLEMENTARY
DISTRICT REGULATIONS*
DIVISION 1. GENERALLY
Sec. 110-466. Application of performance
standards.
(a) Any use, building, structure or land devel-
oped, constructed or used for any permitted prin-
cipal use or any use permissible as a special ex-
ception or any accessory use shall comply with all
of the performance standards set by federal, state
and county regulations.
(b) If any use or building or other structure is
extended, enlarged or reconstructed, the perfor-
mance standards involved shall apply with re-
spect to such extended, enlarged or reconstructed
portion of such use, building or other structure.
(Code 1981, § 641.15)
Sec. 110-467. Garage sales.
The noncommercial sale of privately owned
items at retail from residential premises, com-
monly known as a garage sale or yard sale, shall
comply with the following.
(1) Hours of sale shall be restricted to daylight
hours.
(2) The sale may continue for two periods of
not more than three consecutive days each.
The two periods of sale shall be separated
by a minimum of four nonsale days, and
The total sale days shall be completed within
15 consecutive calendar days.
(3) Yards shall be cleared of salable items on
all nonsale days.
(4) Subsequent garage sales conducted on the
same premises by the same household are
permitted 180 days after the close of the
preceding sale.
*Cross references —Litter, § 34-26 et seq.; property main-
tenance requirements, § 34-97; lighting regulations, § 34-206
et seq.; solid waste, ch. 62; floodplain protection regulations, §
90-91 et seq.; signs restrictions based on zoning district, §
94-96 et seq.
(5) A sign specifying a garage or yard sale may
be displayed on the premises of the sale on
sale days only. Such sign shall not exceed
four square feet in size.
(6) The person in charge of the sale shall en-
sure that automotive vehicles of potential
or actual customers do not interfere with
pedestrian or vehicular traffic in the vi-
cinity.
(Code 1981, § 641.13)
Sec. 110-468. Accessory structures.
(a) No accessory structure shall be erected in
any front yard, and the accessory structure shall
not cover more than 30 percent of any. required
rear setback. No separate accessory structures
shall be erected within ten feet of any building on
the same lot or within five feet of any lot line. An
accessory structure shall not exceed 24 feet in
height. However, a lot with a one- or two-family
residence only may have one additional accessory
structure erected per unit, not to exceed 100 square
feet with a maximum height of ten feet if de-
tached or 32 square feet with maximum height of
ten feet if attached in rear setback. In new con-
struction an accessory building may not be con-
structed prior to the construction of the main
building. No accessory building shall be used for
any home occupation or business or for perma-
nent living quarters; it shall contain no kitchen
or cooking facilities. It may be used for housing
temporary guests of the occupants of the main
building. It is not to be rented or otherwise used
as a separate dwelling.
(b) Storage or utility sheds of a temporary na-
ture, without a permanent foundation, not over
100 square feet in size or more than seven feet
high, are exempt from this section, provided they
are in the rear yard only.
(Code 1981, § 641.23)
Sec. 110-469. Visibility at intersections.
On a corner lot in any zoning district, nothing,
with the exception of traffic signs, utility poles
and open chain link or wire fences, shall be erected,
placed, planted or allowed to grow between a
height of 21/2 feet and ten feet above the center-
line grades of the intersecting streets in the tri-
CD110:59
§ 110-469 CAPE CANAVERAL CODE
angular area bounded on two sides by the street
right-of-way lines and on the third side by a
straight line drawn between two points on the
street right-of-way line located 25 feet from the
point of the intersection of the street right-of-way
lines.
(Code 1981, § 641.25)
Cross references —Property maintenance requirements, §
34-97; streets, § 66-26 et seq.; traffic and vehicles, ch. 74.
Sec. 110-470. Fences, walls and hedges.
(a) Fences, walls and hedges may be permitted
in any yard, except as specified in section 110-
469, provided the following height restrictions
shall apply:
(1) In any residential district (R-1, R-2 or R-3),
no fence, wall or hedge in any side or rear
yard shall be over six feet in height or over
four feet in height if within 25 feet of any
yard abutting any public right-of-way.
(2) In any commercial (C-1) and industrial (M-1)
districts, no fence, wall or hedge in any side
or rear yard shall be over eight feet in
height or over four feet in height if within
25 feet of any yard abutting any public
right-of-way. When the boundary of a com-
mercial or industrial zoning district abuts
any residential zoning district, the max-
imum height of a fence, wall or hedge shall
be six feet.
(3) In any district, the planning and zoning
board may provide an exemption allowing
a fence of six feet in height within 25 feet of
any yard abutting any public right-of-way
if the applicant can demonstrate that an
ascertainable and definable hazard will be
reduced by the coostrurtinrl of the six-foot/
`fence The applicant must also demonstrate
that the additional height will not cause a
visual obstruction to motorists deemed haz-
ardous by the planning and zoning board.
A written request for an exemption shall
be filed at least 21 days prior to the plan-
ning and zoning board meeting at which it
is to be considered, and notice of the meeting
shall be mailed to all property owners
within a 300-foot radius of the property for
which an exception is sought. The appli-
cant shall pay a fee as set forth in appendix
B to this Code.
(b) No wall shall be built along unimproved
property boundaries until and unless the owner
has obtained and paid for a building permit for
the principal structure.
(c) All concrete boundary walls are to be fin-
ished by stuccoing or painting in neutral colors at
the time they are constructed.
(d) No words or symbols, other than street ad-
dresses and names of occupants in residential dis-
tricts, shall be permitted on exterior boundary
walls. If there are such nonallowed words or sym-
bols, they shall be covered within seven days of
notification to the owner by the city.
(e) Any concrete boundary wall in excess of four
feet in height shall have the excess height be open
to 50 percent air and light in any residential dis-
trict.
(Code 1981, § 641.27)
Cross references —Property maintenance standards, §
34-97; building code, § 82-31 et seq.; swimming pool code, §
82-246 et seq.; housing code, § 82-271 et seq.
Sec. 110-471. Exceptions to height regula-
tions.
The height limitations contained in article VII
of this chapter do not apply to spires, belfries,
cupolas, antennas, water tanks, solar panels, ven-
tilators, chimneys, elevator equipment, air condi-
tioning or other necessary equipment room usu-
ally required to be placed above the roof level and
not intended. for human occupancy.
(Code 1981, § 641.29)
Sec. 110-472. Access.
Every building shall be on a lot fronting on a
public street or on an approved private street or
with legal access to a public street and shall have
a safe and convenient access for servicing, fire
protection and required offstreet parking. All lots
upon which structures are built shall have a min-
imum access width of 15 feet to a public right-
of-way or an approved private right-of-way.
(Code 1981, § 641.31)
CD110:60
ZONING § 110-478
Sec. 110-473. Minimum width of courts.
The minimum width of a court shall be 30 feet
for one-story buildings, 40 feet for two-story build-
ings and 60 feet for four-story buildings. For every
five feet of height over 40 feet, the width of such
a court shall be increased by two feet, provided
that open unenclosed porches may project into a
required court not more than 25 percent of the
width of such court. Nominal insets in the building
facade of six feet or less shall be exempt from this
section.
(Code 1981, § 641.39)
Sec. 110-474. Water areas.
All areas within the city which are under water
and not shown as included within any zoning dis-
trict shall be subject to all the requirements of the
district which immediately adjoins or abuts the
water area. If the water area adjoins two or more
districts, the boundaries of each district shall be
construed to extend .into the water area in a
straight line as projected until they intersect a
projected line from other district boundaries.
(Code 1981, § 641.41)
Cross reference —Waterways, ch. 106.
Sec. 110-475. Sidewalks required.
(a) Construction of sidewalks shall be required
in conjunction with the construction of any
building or development on property abutting any
paved street, public and private, within the city
limits.
(b) Sidewalks constructed in residential district
shall be four feet wide, and five feet wide in com-
mercial and all other districts. Sidewalks and con-
crete aprons will not be required across asphalt
paved driveways, but the asphalt driveways must
be maintained in good repair by the property
owner. Sidewalks along State Highway A1A will
require a permit from the state department of
transportation and shall be five feet wide.
(c) Sidewalks being installed on a street within
the same block which already has sidewalks or
portions of sidewalks installed must conform in
width with the existing sidewalks, but not to ex-
ceed five feet in width.
(d) Sidewalks shall normally abut the property
hit -may be installed anywhere within or
without the right-of-way to permit alignment with
existing sidewalks or to accommodate trees or
other objects which are not desired to be moved,
altered or removed.
(e) Construction of sidewalks shall be completed
prior to the issuance of certificate of occupancy or
final inspection. Costs of construction shall be
borne by the property owner. Construction of side-
walks shall be in accordance with the city speci-
fications, as adopted by resolution.
(f) Sidewalks contiguous with or a part of the
bicycle path system shall provide for a smooth
transition between surfaces.
(Code 1981, § 641.55)
Cross reference —Streets, sidewalks and other public
places, ch. 66.
Sec. 110-476. Dedicated public land.
Dedicated public streets, walkways, alleys, ac-
cessways or easements may be closed or relocated
as part of or in conjunction with any private de-
velopment phase upon an application being made
to the city council, after review of and recommen-
dation from the planning and zoning board, and if
the application is in the best interest of the city.
However, the vacated land shall not be used as
acreage for any density calculations. Any request
for vacating a dedicated public street, walkway,
alley, accessway or easement must be submitted
no later than 30 days prior to the planning and
zoning board meeting at which it is to be consid-
ered.
(Code 1981, § 641.57)
Cross references —Parks and recreation areas, ch. 54;
streets, sidewalks and other public places, ch. 66.
Sec. 110.477. Dedicated public easement.
No purported.dedication of an easement to the
city shall be effective until it is accepted by the
city council, after review and recommendation
from the planning and zoning board.
(Code 1981, § 641.58)
Sec. 110-478. Earth station antennas.
(a) No owner, occupant or tenant of any prop-
erty located within any zoning classification shall
erect, construct or install any earth station an-
CD110:61
§ 110-478
CAPE CANAVERAL CODE
tenna or satellite dish antenna without first ob-
taining all necessary permits from the building
official.
(b) Prior to the issuance of any permit for the
erection, construction or installation of any earth
satellite antenna, the building official shall re-
quire an approved design placement drawing and
engineering specifications, signed and sealed by
an engineer licensed in the state, to meet all city
and state laws and ordinances.
(c) All materials that make up the installation
of such antennas and supporting structures shall
be of a noncorrosive material to prevent metal
fatigue from maintenance neglect.
(d) No earth station antenna shall be mounted
onto the top or side of any single-family building,
duplex or triplex.
(e) Earth satellite dish antennas shall be al-
lowed only in the rear or side yard in all zoning
districts. Placement shall not be allowed in the
front yard of any lot or parcel in any zoning dis-
trict. Compliance with the side setback is required.
The rear setback should be complied with, except
when compliance prevents installation.
(f) All electrical installations for the purpose of
erection of antennas shall be in accordance with
the electrical code adopted in section 82-116 and
all applicable city ordinances.
(g) In all zones, ground -mounted earth station
antennas shall be erected at the minimum height
which allows satellite reception, not to exceed
seven feet in R-1 and R-2 zones and 22 feet in all
other zones. The measurement shall be calculated
from the established grade to the dish center.
(h) The maximum outside diameter allowed for
a dish receiver is ten feet.
(i) Only one antenna shall be allowed on any
lot or parcel of land.
(j) Any ground -placed antenna drive mecha-
nism, less than six feet high to its lowest point,
shall be fenced or screened by a six-foot high fence
at least 80 percent opaque at its base.
(Code 1981, § 641.61)
Sec. 110-479. Sewage disposal.
No building permit shall be issued unless pro-
visions are included to connect into the city's
sewage collection system, except for single-family
residences which shall otherwise comply with sec-
tion 78-26 et seq. pertaining to sewers and other
applicable ordinances and regulations.
(Code 1981, § 641.45)
Cross reference —Sanitary sewer system, § 78-26 et seq.
Sec. 110-480. Atomic energy uses.
All atomic energy uses shall meet the stan-
dards established by and have the approval of the
state board of health and the Nuclear Regulatory
Commission. In addition, such uses shall require
the approval of the city council, which shall act
only after receiving written recommendations from
the city engineer and the planning and zoning
board.
(Code 1981, § 641.51)
Sec. 110-481. Building required for commer-
cial uses.
All commercial uses shall provide at least the
minimum size building required for the district in
which the use is to be located. The building shall
contain plumbing facilities adequate to serve the
needs of the customers and employees of the com-
mercial use.
(Code 1981, § 641.53)
Cross reference —Building code, § 82-31 et seq.
Secs. 110-482-110-490. Reserved.
DIVISION 2. OFFSTREET PARKING*
Sec. 110-491. Number of spaces required.
There shall be provided at the time of the erec-
tion or change of use of any main building or struc-
ture or at the time any main building or structure
is enlarged or increased in capacity, by adding
dwelling units, guestrooms, floor area or seats,
minimum offstreet automobile parking space with
*Cross references —Requirements for landscape appear-
ance and maintenance, § 34-99; buildings and building regu-
lations, ch. 82.
CD110:62
ZONING § 110-493
adequate provisions for ingress or egress in accor-
dance with the following:
(1) Auditoriums, theatres, clubs, lodges, restau-
rants and other places of assembly. One
space for each three seats or seating places
or one space for every 100 square feet of
floor area of the main assembly hall, which-
ever is greater.
(2) Churches, temples or places of worship.
One space for each four seats or seating
places or one space for each 125 square feet
of floor area of the main assembly hall,
whichever is greater.
(3) Hospitals. Two spaces for each patient bed
plus one space for each employee on the
largest work shift.
(4) Libraries, museums. Offstreet parking
spaces equal in area to 50 percent of the
floor area open to the public.
(5) Manufacturing and industrial uses. One
space for each employee on the largest
work shift.
(6) Medical or dental clinics. Three spaces for
each examination or treatment room plus
one space for each employee.
(7) Mortuaries. One space for each five seats or
seating places, exclusive of areas needed
for ambulances.
(8) Nursing or convalescent homes and sanitar-
iums. One space for each four patient beds
plus one space for each employee on the
largest work shift.
(9) Commercial, office and professional build-
ings, excluding medical and dental clinics.
One space for each 300 square feet of gross
floor area.
(10) Public buildings. One space for each five
seats or seating places or one space for
every 150 square feet of floor area in the
main assembly room, whichever is greater.
(11) Residential uses, including single-family,
two-family and multiple -family dwellings
and mobile homes. Two spaces for each
living unit.
(12) Colleges, technical and vocational schools.
One space for each student and faculty
member.
(13) Hotels and motels. One space for each sleep-
ing unit plus one space for 12 sleeping
units for employee parking.
(14) All other uses. To be determined by the
building official, who shall use the ratios
established in this section as a standard for
determining the requirements.
(Code 1981, § 641.01(A))
Sec. 110-492. Location of spaces.
(a) Parking spaces for all residential uses shall
be located on the same property as the main
building, except that one-half the total number of
required spaces for multiple -family dwellings,
townhouses and mobile homes may be located in a
common parking facility not more than 200 feet
distant from the nearest boundary of the site.
(b) Parking spaces for other uses shall be pro-
vided on the same lot or not more than 500 feet
distant.
(c) Parking requirements for two or more uses
of the same or different types may be satisfied by
the allocation of the required number of spaces for
each use in a common parking facility.
(d) Required offstreet parking areas for seven
or more automobiles shall have individual spaces
marked and shall be so designed, maintained and
regulated that no parking or maneuvering shall
be on any landscaped buffer, public street, walk or
alley and so that any automobile may be parked
and unparked without moving another, allowing,
however, a driveway of not more than 24 feet total
on any street or alley for ingress or egress to the
offstreet parking area.
(Code 1981, § 641.01(B))
Sec. 110-493. Access.
(a) In order to promote the safety of the motor-
ist and the pedestrian and to minimize traffic
congestion and conflict by reducing the magni-
tude of and the points of contact, the following
shall apply:
(1) A point of access (a driveway or other
opening for vehicles onto a public street)
shall not exceed 24 feet in width, except as
otherwise provided in this division.
Supp. No. 3 CD110:63
§ 110-493
CAPE CANAVERAL CODE
(2) The maximum number of points of access
permitted onto any one street shall be as
follows:
Lot Width Number of Points
Abutting Street of Access
Less than 125 feet 1
Over 125 feet 2
provided; however, that a residential lot of
less than 125 feet may have a circle drive-
way with two points of access provided that
it comply with the other terms and condi-
tions of this section.
(3) Joint use access between abutting proper-
ties is encouraged and there may be per-
mitted a single joint use point of access up
to 35 feet in width. Service stations shall be
permitted two openings not to exceed 35
feet each in width along any abutting pub-
lic street, provided that such property abuts
such street for a distance of not less than
120 feet.
(4) There shall be a minimum distance of 30
feet between any two openings onto the
same street.
(5) No point of access shall be allowed within
30 feet of the intersection of the right-of-
way lines of any public street.
(6) No curbs shall be cut or altered and no
point of access or opening for vehicles onto
a public street shall be established without
a permit issued by the building depart-
ment.
(b) Projects for which a site plan is required,
such as plaza developments, compound uses and
shopping centers, shall be considered on an indi-
vidual basis and may deviate from this section in
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. 110-494-110-505. Reserved.
DIVISION 3. OFFSTREET LOADING
Sec. 110-506. Requirements.
(a) Every permitted use requiring the receipt
or distribution by vehicles of materials or mer-
chandise and having a floor area of 10,000 square
feet or more shall have at least one permanently
maintained offstreet loading space for each 10,000
square feet or fraction thereof of gross floor area.
(b) Single -occupancy retail operations, whole-
sale operations and industrial operations with a
gross floor area of less than 10,000 square feet
shall provide sufficient receiving space on the
property so as not to hinder the movement of
vehicles and pedestrians over a sidewalk, street
or alley.
(Code 1981, § 641.03(A))
Sec. 110-507. Location and dimensions of
space.
Each offstreet loading space shall have direct
access to an alley or street and shall have the
following minimum dimensions:
(1) Length, 45 feet.
(2) Width, 12 feet.
(3) Height, 14 feet.
(Code 1981, § 641.03(B))
Secs. 110-508-110-520. Reserved.
DIVISION 4. HOME OCCUPATIONS*
Sec. 110-521. Permitted home occupations.
Customary home occupations which are inci-
dental to the permitted residential use shall be
allowed in any district which permits home occu-
pations.
(Code 1981, § 641.07)
Sec. 110-522. Requirements.
(a) Home occupations are permitted within the
confines of any dwelling unit, provided all restric-
tions of this section are complied with.
*Cross reference —Occupational license tax, § 70-66 et
seq.
Supp. No. 3 CD110:64
ZONING
(b). The primary use of the building shall re-
main residential, and the operator of the home
occupation shall remain a resident thereof.
(c) No structural additions, enlargements or ex-
terior alterations changing the residential appear-
ance to a business or commercial appearance shall
be permitted.
(d) No home occupation shall occupy an area
greater than 25 percent of the first floor area of
the dwelling unit, exclusive of the area of any
open porch or attached garage or similar space
not suited or intended for occupancy as living quar-
ters. No rooms which have been constructed as an
addition to the residence or any attached garage
or porch which has been converted into living quar-
ters shall be considered as floor area until two
years after the date of completion thereof.
(e) No additional and separate entrance incon-
gruent with the residential structural design shall
be constructed for the purpose of conducting the
home occupation.
(f) The home occupation shall be conducted en-
tirely within the dwelling unit used as the resi-
dence.
(g) For single-family, duplex or townhouse struc-
tures, no display of goods or external evidence of
the home occupation shall be permitted other than
one nonilluminated nameplate, not exceeding two
square feet in area, which may be displayed af-
fixed flat against the exterior surface at a position
not more than two feet distant from the main en-
trance of the dwelling unit concerned. For struc-
tures housing multifamily or mixed uses, no ex-
ternal evidence of the home occupation shall be
permitted.
(h) No provision for offstreet parking or loading
facilities, other than the requirements of the dis-
trict in which the use is located, shall be per-
mitted. Occupations which generate greater vol-
umes of traffic than would normally be expected
in a residential neighborhood are prohibited.
(i) No stock in trade or commodities, other than
those prepared, produced or created on the pre-
mises by the operator of the home occupation, shall
be kept or sold on the premises.
§ 110-536
(j) No motor power other than electric motors
shall be used in conjunction with a home occupa-
tion. The total horsepower of such motors shall
not exceed three horsepower or one horsepower
for any single motor.
(k) No equipment or process shall be used in a
home occupation which creates noise, vibration,
glare, fumes or odors, detectable to the normal
senses off the lot. No equipment or process shall
be used which creates visual or audible interfer-
ence in any radio or television receiver or causes
fluctuation in line voltage outside the dwelling
unit. No home occupation shall interfere with the
reasonable enjoyment of adjoining or nearby
dwelling units or properties.
(Code 1981, § 641.09)
Sec. 110-523. Occupational license required.
Permitted home occupations shall comply with
the city occupational license tax levied pursuant
to section 70-66 et seq.
(Code 1981, § 641.11)
Secs. 110-524-110-535. Reserved.
DIVISION 5. SETBACKS
Sec. 110-536. Building setback lines.
(a) The following shall be the minimum building
setback lines along the listed roads:
(1) Highway A1A (portions known as North At-
lantic Avenue and Astronaut Boulevard).
Setback, each side, from the northern city
boundary to the southern city boundary
shall be 50 feet from the highway right-of-
way.
(2) North Atlantic Avenue (that portion of
North Atlantic Avenue also known as Palm
Avenue and S.R. 401). Setback, each side,
from its intersection with Monroe Avenue.
to the northern city boundary shall be 50
feet from the right-of-way.
(3) Ridgewood Avenue. Setback, each side, from
the southern city boundary to the northern
city boundary of Ridgewood Avenue shall
be 25 feet from the right-of-way.
CD110:65
§ 110-536
CAPE CANAVERAL CODE
(b) On the Atlantic Ocean, the setback shall
comply with the coastal construction setback. See
section 82-81 et seq.
(c) In determining the setback requirements for
any building proposed to be erected, the setback
requirements in this section shall be construed as
a minimum setback, and if a greater setback is
required under any of the zoning districts such
greater setback requirements shall be enforced.
(Code 1981, § 641.17)
Cross reference —Building code, § 82-31 et seq.
Sec. 110.537. Erection of more than one prin-
cipal structure on lot.
(a) In any district, except R-1, more than one
structure housing a permitted or permissible prin-
cipal use may be erected on a single lot, provided
that this division and other requirements of this
chapter shall be met for each structure.
(b) The distance between buildings shall be as
follows:
(1) Twenty feet for first two stories;
(2) Twenty-five feet for first three stories;
(3) Thirty feet for first four stories; and
(4) Two additional feet for each story above
four.
(Code 1981, § 641.19)
Sec. 110-538. Encroachments.
Every part of every required setback shall be
open and unobstructed from the ground to the sky,
except as follows or as otherwise permitted in this
chapter:
(1) Sills or belt courses may project not over 18
inches into a required setback.
(2) Movable awnings may project not over three
feet into a required setback.
(3) Chimneys, fireplaces or pilasters may
project not over two feet into a required
setback.
(4) Fire escapes, stairways and balconies which
are unroofed and unenclosed may project
not over five feet into a required rear set-
back or not over three feet into a side set-
back and shall not project into a required
front setback of a multiple dwelling, hotel
or motel.
(5) Hoods, canopies or marquees may project
not over three feet into a required setback.
(6) Fences, walls and hedges shall be permitted
in the required setback, subject to this
chapter.
(7) Parking may be located in a required front
or rear setback for single-family and two-
family dwellings.
(8) In the commercial and industrial zoning dis-
tricts, with the exception of any property
abutting State Highway A1A and located
north of the existing centerline of Central
Boulevard, required offstreet parking spaces
may be permitted within ten feet of the front
lot line. Parking may be permitted on a
required side setback on a corner lot in the
commercial zoning district.
(9) No required setback or landscape buffer
shall be used for any parking space or
backout area, except as specified in subsec-
tions (7), (8) and (11) of this section.
(10) Open, enclosed porches, platforms or paved
terraces not covered by a roof or a canopy
and which do not extend above the level of
the first floor of the building may extend or
project into the required setback.
(11) Primary parking may be located in a re-
quired front setback for multiple -family
dwellings.
(12) Signs for on -site advertising shall be in con-
formance with chapter 94 pertaining to
signs.
(13) Roof overhangs (eaves) may project not over
two feet into a required setback.
(14) Air conditioner units may project not over
five feet into a required rear setback.
(Code 1981, § 641.21)
Secs. 110-539-110-550. Reserved.
CD 110:66
ZONING § 110-551
DIVISION 6. VEHICLES AND VESSELS*
Sec. 110-551. Location of recreational vehi-
cles, camping equipment, boats
and boat trailers.
(a) No person shall occupy or reside in any trav-
el trailer, camper trailer, camper (truck mounted),
motor travel home or tent in any location within
the city other than a duly licensed and approved
trailer park, except as provided in this section.
(b) (1) Definitions. For the purpose of this sec-
tion, the following definitions shall apply
unless the context clearly indicates or re-
quires a different meaning, all of which de-
fined terms may be generally referred to as
"vehicles" in this subsection (b).
Boat means any contrivance designed to be
propelled through or upon the water.
For -hire vehicle shall include recreational ve-
hicle and special purpose vehicle and have the
meaning so set forth in F.S. 320.01, as amend-
ed.
Multifamily development means the real prop-
erty and single structure in which six or more
dwelling units are located, but does not include
any combination of townhouses.
Recreational vehicle means any vehicle or por-
table structure designed primarily to provide
temporary living quarters for recreation, camp-
ing, travel or similar use; either mounted on
wheels or designed to be mounted upon and car-
ried by another vehicle. This definition is in-
tended to include a travel vehicle, motor home,
camping trailer, camp bus, house bus and truck
camper unit of walk-in capacity.
Special purpose vehicle means a vehicle espe-
cially designed primarily for unusual terrain and
conditions, and not usually licensed for or used
on the public roads, including, but not limited
to, swamp buggies and tracked vehicles.
Utility trailer means a trailer designed to
transport materials, goods, equipment or boats.
*Cross references —Traffic and vehicles, ch. 74; stopping,
standing, parking, § 74-56 et seq.
(2) Regulations. The following'regulations shall
apply to boats, utility trailers, recreational
vehicles or special purpose vehicles:
a. In all zoning classifications, no boats,
utility trailers, recreational vehicles or
special purpose vehicles shall park
within the right-of-way line abutting
any street.
b. In all zoning classifications, no boats,
utility trailers, recreational vehicles or
special purpose vehicles shall be parked
any closer than three feet from the ex-
terior of all buildings, homes or other
structures, including eaves and over-
hangs.
c. In multifamily developments, boats,
utility trailers, recreational vehicles or
special purpose vehicles shall be parked
in special parking or storage facilities.
Special parking in multifamily devel-
opments shall consist of at least ten
percent additional parking spaces. This
subparagraph (b)(2)c. shall be effective
for multifamily developments for which
the building permit for initial construc-
tion is issued after the effective date of
this subparagraph.
d. All vehicles herein permitted shall have
affixed thereto a currently valid license
tag registered to the vehicle, shall be
parked or stored with wheels and tires
mounted, and shall be maintained in a
movable condition.
e. Except as necessary for repair or main-
tenance, no boat, utility trailer, recre-
ational vehicle or special purpose vehi-
cle or structure designed to be mounted
upon and carried by another vehicle,
shall be used as an accessory building
or connected to any utility or electrical
service, except for temporary connec-
tions to battery charging devices.
f. The surface of the lot or parcel of land
upon which or above which a boat, util-
ity trailer, recreational vehicle or spe-
cial purpose vehicle is parked shall be
paved or shall be maintained in the
same manner as the remainder of the
Supp. No. 1 CD110:67
§ 110-551
CAPE CANAVERAL CODE
lot or parcel of land and there shall not
be permitted upon such 'surface a
growth of weeds, undergrowth or lawn
which exceeds the height of the imme-
diately surrounding landscape.
g. On a corner lot in any district, no boats,
utility trailers, recreational vehicles or
special purpose vehicles shall be parked
or placed in the triangular area bound-
ed on two sides by the street right-of-
way lines, and on the third side by a
straight line drawn between two points
on the street right-of-way line located
25 feet from the point of the intersec-
tion of the street right-of-way lines.
h. No for -hire vehicle, commercially reg-
istered vehicle and no other manner of
conveyance not contemplated herein
shall be parked in any R-1, R-2 or R-3
zone, nor shall any boat, utility trailer,
recreational vehicle or special purpose
vehicle be parked in any R-1, R-2 or
R-3 zone other than as provided here-
in. This section shall not be construed
to prohibit parking of automobiles,
pickup trucks and minivans.
i. Boats, utility trailers, recreational ve-
hicles and special purpose vehicles, or
any combination thereof, parked in uni-
son or in tandem inexcess of 30 feet in
length shall not be allowed to be parked
or stored in the R-1 and R-2 zoning clas-
sifications of the city, ne'ss t boat,
utility trailer, recreational vehicle, spe-
cial purpose vehicle or combination is
located in a rear yard, side yard or any
setback abutting a street and is fenced
or screened from view or is located in a
front yard and under covered parking__
which shall, as a minimum consist of a
carport.
(c) Except as provided in subsection (b) above,
in commercial and industrial zones, all boats, util-
ity trailers, recreational vehicles and special pur-
pose vehicles shall be parked in the parking areas
designated in sections 110-491 through 110-493.
(Code 1981, § 641.33; Ord. No. 20-94, § 1, 9-20-94)
Sec. 110-552. Living aboard boats.
Any boat moored or parked within 100 feet of
the shoreline within the city limits shall not be
used as a residence for a period exceeding 15 days,
unless certification is given to the building official
that any discharge from the boat meets applicable
federal regulations.
(Code 1981, § 641.35)
Sec. 110-553. Living or residing in boats,
utility trailers, recreational ve-
hicles and special purpose ve-
hicles.
No person or persons shall reside in or occupy
with the intent of using as shelter any boat, util-
ity trailer, recreational vehicle, special purpose
vehicle or other automotive vehicles, such as an
automobile, truck, bus or the like in the city for a
period in excess of 24 hours, with the exception of
recreational vehicles in an approved and permit-
ted site used for recreational vehicles.
(Code 1981, § 641.36; Ord. No. 20-94, § 2, 9-20-94)
Sec. 110-554. Parking and storage of certain
vehicles.
(a) Boats, utility trailers, recreational vehicles,
special purpose vehicles, automotive vehicles or
trailers of any kind or type without current li-
cense plates shall not be stored on any residen-
tially -zoned property, other than in completely en-
closed buildings.
(b) Construction trailers located on a construc-
tion site may be used as an office or a work or
security trailer. Use of these trailers as living quar-
ters is expressly prohibited. In each case and for
every trailer, temporary permits shall be required.
The temporary permits shall be limited to 90 days
with 90-day extensions permitted, subject to the
need thereof as determined by the building offi-
cial. No temporary trailer permit shall be issued
prior to issuance of a construction permit.
(Code 1981, § 641.37; Ord. No. 24-92, § 1(641.37),
1-5-93; Ord. No. 20-94, § 3, 9-20-94)
Sec. 110-555. Paving of vehicular use areas.
All commercial and industrial areas used for
the display or parking of any and all types of ve-
hicles, boats or heavy construction equipment and
all land upon which vehicles traverse the proper-
Supp. No. 1 CD110:68
ZONING § 110-567
ty as a function of the primary use, including but
not limited to drives, parking, service and display
areas, shall be paved.
(Code 1981, § 641.49)
Secs. 110-556-110-565. Reserved.
DIVISION 7: LANDSCAPING AND
VEGETATION*
Sec. 110-566. Landscaping and screening for
commercial and industrial zon-
ing districts.
(a) Whenever the boundary of a commercial or
industrial zoning district abuts a residential zon-
ing district, a visual screen shall be provided with-
in the required setbacks of such commercial or
industrial zoning district.
(b) Such visual screen shall:
(1) Be provided along the entire length of the
commercial or industrial zoning boundary
which abuts any residential zoning district.
(2) Consist of decorative or ornamental fenc-
ing or shrubs designed and placed in a man-
ner rendering such visual screen density of
at least 80 percent within a period of two
years after such screen is provided.
(3) Be not less than four or more than eight
feet in height, except as provided in section
110-470(a)(2). -
(4) .-lave a minimum of one ten -point tree val-
ue as defined in section 110-567 which shall
be planted every 35 feet with at least two
five -point trees on the minimum 50-foot C-1
lot and three five -point trees on the mini-
mum 75-foot M-1 lot.
(5) Be serviced by a functional underground
sprinkler system adequate to maintain such
landscaping.
(6) Be properly maintained and replaced if for
any reason it does not survive.
(7) Be protected from vehicular encroachment.
*Cross references —Environment, ch. 34; requirements for
landscape appearance and maintenance, § 34-99.
(c) All areas not paved or with other landscap-
ing, as designated in this section or in section 110-
567, shall be planted with grass, hardy shrubs,
evergreen or other ground cover materials, as spec-
ified in section 102-44, having the cold tolerance
designation (+). Otherwise, the owner or develop-
er must provide documentation from a recognized
knowledgeable person, as defined in section 102-
36, that his choice of vegetation has a good chance
of thriving or meets state requirements for low
water need (xeriscape).
(d) Where a fence or wall is used to fulfill the
screening requirements within a vegetative buff-
er, it shall be located one foot inside of the prop-
erty line which abuts the residential zoning. When
a drainage easement, ditch or water body runs
along a property line, an administrative waiver
may be granted by the building official to allow
the masonry wall or fence to be placed along the
edge of the ditch or water body, instead of on the
property line. Where existing trees exist within
the buffer area, the fence or wall shall be located
so as to preserve the trees.
(Code 1981, § 641.43; Ord. No. 1-92, § 1, 1-21-92)
Sec. 110-567. Interior landscaping for off-
street parking areas.
(a) Offstreet parking areas in C-1, M-1 and R-3
districts shall have internal and perimeter land-
scaping as follows:
(1) Parking areas with ten or fewer spaces shall
have at least one ten -point tree for every
five spaces or fraction thereof planted with-
in the interior of the parking lot.
(2) Parking areas with 11 or more spaces shall
have at least one five -point tree for every
five spaces or fraction thereof interspersed
throughout the parking area. In addition,
one ten -point tree shall be placed at the
end of each row where internal curbing
would be placed, even though internal curb-
ing may not be required. However, trees
must be protected from vehicular encroach-
ment.
(3) Subsections (a)(1) and (2) of this section may
be satisfied by cluster plantings, at the dis-
cretion of the building official.
Supp. No. 1
CD110:69
§ 110-567
CAPE CANAVERAL CODE
(4) Parking areas in the C-1 and M-1 districts
and parking areas in the R-3 districts that
contain 16 or more parking spaces shall be
planted to a width of at least two feet of the
entire perimeter facing the public right-of-
way, except for ingress and egress and side-
walks. The perimeter shall be planted with
decorative shrubs and bushes three feet in
height to form a visual screen with a den-
sity of 80 percent within two years of plant-
ing. Perimeters facing such public right-of-
way shall, in addition, have five tree value
points planted every 35 feet with at least
ten tree values on a minimum 50-foot C-1
lot and 15 tree values on the minimum 75-
foot R-3 lot.
(5) No trees shall be planted that will obstruct
visibility at intersections or points of in-
gress and egress to streets. See section 110-
469. The perimeter footage defined in sec-
tion 110-469 and ingress and egress shall
not be used to calculate landscaping of pe-
rimeters.
(6) Existing trees in proposed internal parking
areas as listed under subsection (b) of this
section shall not be removed if over three
inches diameter at breast height (dbh) with-
out a permit from the building official. Ev-
ery effort shall be made to build, pave or
otherwise construct around existing trees
of value.
(7) Each landscaped area, both within the in-
terior parking area and around the perim-
eter, shall be served by a functioning un-
derground sprinkler system adequate to
maintain all landscaping.
(8) All landscaping specified in this subsection
shall be properly maintained and replaced
if for any reason it does not survive.
(9) The value of the landscaping forthe inter-
nal parking areas and their perimeter, as
well as all additional external landscaping
for other areas on the site, will not be less
than one percent of the total cost of the
project, including land acquisition, or three
percent of the project, excluding land ac-
quisition, whichever is greater.
(b) Tree value points referred to in subsection
(a) of this section will have the following values:
Points Tree
10 Large and medium species, ten
feet tall with two-inch diame-
ter (dbh) minimum and two -foot
spread.
5 Small species, six feet tall with
one -inch diameter (dbh) mini-
mum and two -foot spread.
5 Cabbage palms, minimum
height six feet (overall).--
5 Nonnative palms, minimum
height three feet (overall).
(c) Only trees listed in section 102-44 having
the cold tolerance designation (+) shall be consid-
ered for use in meeting landscaping requirements
for C-1, M-1 and R-3 zones. Further, if the plant-
ing is in an area subjected to salt air, the B (bar-
rier island) designation shall be present, which
meets the state requirement to tolerate xeric con-
ditions. Otherwise, documentation must be pre-
sented as provided in section 110-566(d).
(Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92;
Ord. No. 28-94, § 1, 7-19-94)
Sec. 110-568. Preservation of trees in all dis-
tricts.
During the development of any project, all trees
of four inches in diameter or larger shall be pre-
served or replaced unless they exist within:
(1) A proposed public or private easement.
(2) A proposed structure dimension.
(3) A proposed driveway or designated parking
area in the R-1 or R-2 districts. See sections
110-566 and 110-567.
(4) Ten feet of a proposed structure.
(Code 1981, § 641.59)
Cross reference —Preservation of trees, § 102-26 et seq.
Secs. 110-569-110-580. Reserved.
Supp. No. 1 CD110:70
ZONING $ 110-584
DIVISION 8. SWIMMING POOLS*
Sec. 110.581. Construction and location,
(a) Swimming pools shall be installed to city
requirements, and a city permit shall be required
and approved by the building department prior to
construction or installation (placement).
(b) Swimming pools may be built within the
principal structure if it is determined through
analysis by a certified engineer that such construc-
tion shall not be harmful to the principal struc-
ture. At the discretion of the building official, en-
gineering may be required when the vertical wall
of the pool (water's edge) is located within five feet
of the foundation system supporting the principal
structure. Engineering may also be required on
all premanufactured or prefabricated pools which
testing agency.
(c) Swimming pools which are open and unen-
closed may occupy a required rear or interior side
yard setback, provided they are not located closer
than five feet to a rear lot line or eight feet to an
interior side lot line.
(d) Commercial swimming pools are prohibited
in residential districts.
(e) Swimming pools shall not occupy a required
front or corner side yard setback.
(f) Swimming pools may not be constructed pri-
or to the construction of the principal building.
(g) Swimming pools shall be constructed to pro-
vide a clear and unobstructed walkway of at least
18 inches in width running completely around the
pool.
(h) For the purpose of this section, neither
pools nor screened enclosures are considered stru-
tures for the purpose of determining lot coverages.
Pools and screened enclosures are not permitted
in the setback area.
(Code 1981, § 641.47(A))
Sec. 110-582. Enclosure.
(a) any portion of a swimming pool to which
access may be obtained from outside a residence,
*Cross reference-Swimming pool code,
Sec. 110-584. $ 82-246 et. seq.
building or similar structure shall always have an
enclosure of a permanent nature, not less than
four feet high. The enclosure shall be constructed
to prevent access by persons through such enclo-
sure. If any part of the enclosure is constructed to
permit access through a gate, door or similar en-
tranceway, the gate, door or similar entranceway
shall be of self-closing and self-latching type and
shall prevent access to the same extent as the
reminder of the enclosure. Enclosure shall not
be installed within 18 inches of the vertical wall
(water's edge) of the swimming pool.
(b) This section may include fences or walls.
When used for this purpose, fences and walls are
to comply with section 110-470; provided, howev-
er, they shall be so constructed as to prevent the
passage of a six-inch sphere and shall not provide
footholds that would permit them to be easily
climbed over. This section ma include screen
(mesh-type or woven-type) enclosures. When used
for this purpose, screen enclosures shall not en-
croach into a required yard setback beyond the
limits specified for swimming pools.
(code 1981, $641.47(B))
Sec. 110-583. Accessories.
Swimming pools accessories, such as ladders,
slides, pumps and similar items, shall not en-
croach into a required yard setback beyond the
limits specified for swimming pools.
(Code 1981, $ 641.47(C))
Sec. 110-584. Minimum setbacks.
(a) The minimum setbacks for swimming pools,
enclosures and accessories shall be as follows;
these setbacks may not be sufficient when apply-
ing the provisions of article 680-8 of the electrical
code adopted in section 82-116 for separation from
overhead power lines:
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), eight feet.
(3) Side line), (corner lot line), 25 feet; on all noncon-
forming lots of record, 15 feet. (See susec-
tion. (b) of this section.)
(4) Rear five feet. (See subsection (c) of this
section.)
Supp. No. 1
CD110:71
§ 110-584
CAPE CANAVERAL CODE
(b) See section 110-536 for special setbacks.
(c) In no event shall a swimming pool, screen
enclosure or accessory feature be located within
15 feet of a property line that abuts and runs
parallel to a public street.
(Code 1981, $ 641.47(D))
Supp. No. 1
CD110:72
APPENDIX A —FRANCHISES
Section 23. Approval of transfer.
The company shall not sell or transfer its plant
or system to another, nor transfer any rights
under this franchise to another without council
approval. No sale or transfer shall be effective
until the vendee, assignee, or lessee has filed in
the office of the city clerk an instrument, duly
executed, reciting the fact of such sale, assign-
ment or lease, accepting the terms of the fran-
chise and agreeing to perform all the conditions
thereof.
Section 24. Rules of federal utilities commis-
sion prevail.
In the event of any conflict between the terms of
this ordinance and rules and regulations of the
federal [utilities commission] and Florida Public
Service Commission now or hereafter in effect,
the rules and regulations of such commission
shall prevail; except that [sic] where such rules
and regulations provide standards less stringent
than provided for herein or hereafter adopted,
and said standards shall continue in force and
effect where permitted by said commissions.
Section 25. Streets, regulation of by city.
a. Nothing in this ordinance shall be construed
as a surrender by the city of its right or power to
pass ordinances regulating the use of its streets
and other public ways.
b. Granting of this franchise shall not excuse
the company herein from paying a reasonable
annual occupational license fee to the city.
Section 26. Taxes, right of city to levy and
collect.
Nothing herein shall be construed as affecting
in any manner the right of the city to levy or
collect taxes payable by the consumer for services
provided by the gas company as now authorized.
ARTICLE IV. TELEPHONE*
§1
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD, COUNTY, FLORIDA,
AMENDING ARTICLE IV, TELEPHONE, OF
APPENDIX A, FRANCHISES, BY GRANTING
TO BELLSOUTH TELECOMMUNICATIONS,
INC., ITS SUCCESSORS AND ASSIGNS, PER-
MISSION AND THE RIGHT TO USE THE PUB-
LIC ROADS, STREETS, HIGHWAYS, AND
RIGHTS OF WAY OF THE CITY TO OPERATE
AND MAINTAIN A TELECOMMUNICATIONS
SYSTEM IN THE CITY; SETTING FORTH CON-
DITIONS AND OBLIGATIONS ACCOMPANY-
ING THE GRANT OF SUCH PERMISSION; PRO-
VIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
THAT:
Section 1. Definitions.
For the purposes of this ordinance, the follow-
ing terms, phrases, words and their derivations
shall have the meaning given herein. When not
inconsistent with the context, words used in the
present tense include the future, words in the
plural number include the singular number, and
words in the singular number include the plural
number. The word "shall" is always mandatory
and not merely directory.
(1) City is the City of Cape Canaveral, Florida.
(2) Company is BellSouth Telecommunica-
tions, Inc., its successors and assigns.
(3) Council is the city council of the City of
Cape Canaveral, Florida.
(4) Person is any person, firm, partnership,
association, corporation, company or orga-
nization of any kind.
*Editor's note —Ordinance No. 24-95, §§ 1-11, adopted
September 19, 1995, amended the code by repealing article IV
and adding a new article IV Formerly, such article granted
franchise to Southern Bell Telephone and Telegraph Company
and derived from an ordinance adopted on August 3, 1965.
Cross reference —Public service tax, § 70-26 et seq.
Supp. No. 3 CDA:19
§ 2 CAPE CANAVERAL CODE
Section 2. Grant of permission.
There is hereby granted by the city to the
company the right and privilege to construct,
erect, use, operate and maintain, in upon, along,
across, above, over and under the roads, streets,
highways and other public rights -of -way of the
city now or hereafter laid out or dedicated, such
poles, wires, cables, underground conduits, man-
holes and other telecommunication fixtures as
may be necessary or proper for the maintenance
and operation of a telecommunications system
and lines connected therewith. In the event the
city shall hereafter extend its boundaries beyond
its boundaries as now fixed and established by
law, the company shall be subject to all terms,
conditions and limitations of the grant within
such area, as fully and to the same extent as if
such annexed territory had constituted a part of
such city upon the date hereof.
The permission and right to use and occupy the
roads, streets, highways and public rights -of -way
for the purposes herein set forth shall not be
exclusive, and the city reserves the right to grant
a similar use of such streets, alleys, public ways
and places, to any person at any time during the
period of the permission granted herein.
Section 3. Compliance with applicable law
and ordinances.
The company shall, at all times during the term
provided herein, be subject to all lawful exercise
of the police power by the city, and to such
reasonable regulation as the city shall hereafter
by resolution or ordinance provide; provided, how-
ever, that such regulation shall not be inconsis-
tent with the rights granted herein.
Section 4. Company liability; indemnifica-
tion.
The company shall indemnify the city against,
hold the city and its officers, agents and employ-
ees harmless from, and assume all liabilities for
damages, judgments, and claims, including costs
and reasonable attorney's fees, which may arise
or accrue to the city for injury to persons or
property from the doing of any work herein au-
thorized, or which may arise in any way from the
neglect of the company or any of its employees to
comply with any ordinance regulating the use of
the streets or rights of way of the city. The
acceptance by the company of this ordinance shall
be an agreement by it to pay the city any sums of
money for which the city may become liable by
reason of such injury or damage.
(Ord. No. 4-96, § 1, 5-21-96)
Section 5. Conditions on street occupancy.
(1) Use. All poles, wires, cables, underground
conduits, manholes and other telecommunica-
tions fixtures erected by the company in, upon,
along, across, above, over and under the roads,
streets, highways and public rights -of -way within
the city shall be so located as to cause minimum
interference with the use of the roads, streets,
highways and rights -of -way by the traveling pub-
lic and to cause minimum interference with the
rights or reasonable convenience of property own-
ers who adjoin any of the roads, streets, highways
and public rights -of -way.
(2) Restoration. In case of any disturbance by
the company of pavement, sidewalk, driveway or
other surfacing, the company shall, at its own cost
and expense, replace and restore all paving, side-
walk, driveway or surface of any street or alley
disturbed, in substantially as good condition as
before such work was commenced. However, should
the company fail to do so after 30 days' advance
notice in writing to the company by the city
manager, the city may repair and replace such
portions of the sidewalk or street or other public
place that may have been disturbed by the com-
pany, and the cost of the same shall be paid by the
company.
(3) Relocation. In the event that at any time
during the term of the rights granted herein the
city shall lawfully elect to alter or change the
grade of any road, street, highway or other public
right-of-way, the company upon reasonable notice
by the city, shall make any necessary removals,
relaying and relocations of its poles, wires, cables,
underground conduits, manholes and other tele-
communications fixtures at its own expense.
(4) Temporary removal of facilities for building
moving. The company shall, on the request of any
person holding a building moving permit issued
by the city, temporarily raise or lower its cables,
wires and other fixtures to permit the moving of
Supp. No. 3
CDA:20
APPENDIX B-SCHEDULE OF FEES
Printed herein are the fees, rates and charges established by resolution of the city council.
Subpart A. General Ordinances
Chapter 2. Administration
Article V. Finance
(a) Parks and recreation
(b) Library
(c) General government
(d) Police
(e) Fire and rescue impact fee by
land use:
Impact Fees
Amount
Nonresidential
Residential (per square Code
(per ERU) foot) Section
$151.55 $ 0.00 2-233
80.03 0.00 2-233
105.71 0.148 2-233
128.29 0.116 2-233
Amount
Equivalency Nonresidential
Factor Residential Nonresidential (per 1,000 Code
(2) (per unit) (per square foot) square feet) Section
(1) Residential: Base residen-
tial equivalent 1.00
a. Single-family detached 1.00 $74.39
b. Multi -family 0.80 59.50
c. Mobile home 0.80 59.50
d. Hotel/motel 0.30 22.51
(2) Nonresidential: Base nonres-
idential equivalent 1.00
a. Industrial/warehouse 0.18 $0.02 $19.23
b. General office 0.17 0.019 18.17
c. Retail:
1. Under 100,000
square feet 1.00 0.107 106.83
2. 100,001 to 299,999
square feet 0.95 0.102 101.49
3. 300,000 square feet
and over 2.10 0.225 224.33
d. Recreation 0.08 5.95 per acre
e. Civic center 1.60 0.171 170.93
2-233
Supp. No. 3 CDB:3
f. Schools
CAPE CANAVERAL CODE
Amount
Equivalency Nonresidential
Factor Residential Nonresidential (per 1,000 Code
(2) (per unit) (per square foot) square feet) Section
0.08 5.95 per student
(f) Aerial fire truck impact fee by
land use type: 2-233
(1) Residential: Base residen-
tial equivalent
a. Single-family detached,
over 2 stories 1.00 $211.56
b. Multi -family, over 2 sto-
ries 0.80 169.25
c. Mobile home, over 2 sto-
ries 0.80 169.25
d. Hotel/motel, over 2 sto-
ries 0.30 63.47
(2) Nonresidential: Base nonres-
idential equivalent
a. Industrial/warehouse,
over 25,000 square feet
or 25 feet in height 0.18 $0.055 $54.69
b. General office, over
50,000 square feet or 25
feet in height 0.17 0.052 51.66
c. Retail, over 50,000
square feet or 25 feet in
height:
1. Under 100,000
square feet 1.00 0.304 303.85
2. 100,001 to 299,999
square feet 0.95 0.289 288.64
3. 300,000 square feet
and over 2.10 0.639 638.06
d. Recreation Not applicable
e. Civic center, over 50,000
square feet or 25 feet in
height 1.60 0.487 486.15
f. Schools, over 50,000
square feet or 25 feet in
height 0.08 16.93
Supp. No. 3 CDB:4
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
Chapter 10. Amusements and Entertainments
Article III. Outdoor Entertainment
(a) Permit fee, per day $ 500.00 10-63
Article IV Adult Entertainment
(a) Appeal of license or permit denial, suspension or revocation. 50.00 10-99(b)
(b) License for establishment:
(1) Application fee, nonrefundable 200.00 10-114(b)
(2) License fees: 10-121
a. Adult bookstore 1,000.00
b. Massage establishment 1,000.00
c. Adult motion picture theaters:
1. Having only adult motion picture booths, each
booth, limited to a cumulative fee not to exceed
$1,000.00 200.00
2. Having only a hall or auditorium, each seat or
place, limited to a cumulative fee not to exceed
$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 30. Emergency Services
Article II. Alarm Systems
(a) Failure to provide response to alarm location, each occur-
rence 150.00 30-29
Supp. No. 3 CDB:5
CAPE CANAVERAL CODE
Code
Description Amount Section
(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
(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
Supp. No. 3
CDB:6
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
(7) Roll -off container service (to be billed and collected by
Western Waste Industries, Inc.)
a. , Container delivery, per container 50.00
b. Per pull, per container - 20 cu. yd. 135.00
- 30 cu. yd 160.00
- 40 cu. yd. 185.00
c. Actual disposal cost shall be added to the pull charge
plus 20 percent
d. Container rental shall not be charged for a container
pulled three or more times per month. For those
pulled less than three times, the rent shall not
exceed, per month 50.00
e. Dry runs (responding to customer's request, but not
being able to pull container) will be charged the
same as the delivery rate
(b) Recycling service, per dwelling unit per month 2.07 62-12
(c) Roll -off container service, to be billed and collected by West-
ern Waste Industries, Inc.:
(1) Container delivery, per container 50.00
(2) Per pull:
a. 20 cubic yards, per container 135.00
b. 30 cubic yards, per container 160.00
c. 40 cubic yards, per container 185.00
(3) Actual disposal cost shall be added to the pull charge
plus 20 percent.
(4) Container rental:
a. For a container pulled three or more times per
month No charge
b. For containers pulled less than three times, the rent
per month shall not exceed 50.00
(5) Dry runs (responding to customer's request but not being
able to pull container) will be charged the same as the
delivery rate.
(d) Processing charge for each bill each month to cover the cost
of handling and mailing the bills 0.85
Chapter 66. Streets, Sidewalks and Other Public Places
Supp. No. 3 CDB:7
CAPE CANAVERAL CODE
Code
Description Amount Section
Article III. Excavations
(a) Permit fee 25.00 66-83
(b) Deposits (refundable after 12 months): 66-84
(1) For paved streets, per square foot of surface 2.00
(2) For unpaved streets, per square foot of surface 0.50
(3) Minimum deposit 25.00
(4) General deposit 500.00
Chapter 70. Taxation
Article III. Occupational License Tax
(a) Transfer of license:
(1) For transfer of location by same owner 3.00 70-80
(2) For transfer of ownership 3.00 70-80
Chapter 78. Utilities
Article II. Sanitary Sewer System
(a) Connection to sewer:
(1) Inspection fee (tap fee) 25.00 78-27
(2) Late charge 75.00 78-28
(b) Wastewater discharge permit:
(1) Initial application 75.00 78-99
(2) Renewal (annual) 20.00 78-99
(c) Reviewing accidental discharge and construction plans and
specifications 150.00 78-99
(d) Surcharge for abnormal strength wastes (tiered rate sched-
ule):
(1) For each parameter on the first day 100.00 78-111
(2) Progressing upward, each day, by increments of 100.00 78-111
(3) Maximum for each parameter violation, per day 1,000.00 78-111
(e) Impact fees: 78-129
(1) Residential:
a. Each single-family dwelling unit 2,337.81
b. Each residential unit of a multiple -family unit,
duplex, triplex and/or apartment unit 2,337.81
Supp. No. 3 CDB:8
APPENDIX B—SCHEDULE OF FEES
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
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 urinal... 1,461.14
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
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:
q.
Supp. No. 3 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:
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:
(1) Residential 65.00
(2) Industrial/commercial 200.00
(b) Monthly sewer rates:
(1) Single-family residential, per unit 17.84
(2) Multi -family, group 1 (more than one bedroom per unit):
a. First unit 17.84
b. Additional units, per unit 13.08
(3) Multi -family, group 2 (one bedroom per unit, including
motels, trailer parks and similar uses):
a. First unit 17.84
78-131
78-151
78-152
Supp. No. 3
CDB:10
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
b. Additional units, per unit 12.25
(4) Townhouses, per unit 17.84
(5) Public buildings, per unit 29.74
(6) Commercial:
a. Inside city limits, 353 percent of water bill
b. Outside city limits, 441 percent of water bill
(c) Sewer service reinstatement fee after service has been cut
off:
(1) Generally
(2) Removing plug on sewer line when owner has own water
supply
60.00 78-153
25.00
78-154
Supp. No. 3 CDB:10.1
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CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
App.B, Ch. 110
1(683.37) 80-57
1(683.39) 80-77
1(683.41) 80-77
1(683.43) 80-78
1(683.45-683.57) 80-76
1(683.59) 80-79
1(683.61) 80-80
1(683.63) 80-81
1(683.65) 80-82
1(683.71) 80-85
1(683.73) 80-86
1(683.75) 80-87
1(683.77) 80-88
1(683.79) 80-5
1(685.67) 80-83
1(685.69) 80-84
46-93 1- 4-94 1, 2 10-86
47-93 1- 4-94 1 74-1
48-93 1- 4-94 1 2-181
49-93 1- 4-94 1 110-26
50-93 1- 4-94 1 22-28
51-93 1- 4-94 1 46-26
52-93 1- 4-94 1 58-27
53-93 1- 4-94 1 54-26
1-94 2- 1-94 1 74-58
2 74-57
3 74-62
2-94 2- 1-94 110-223
3-94 2- 1-94 1 110-87
5-94 2- 1-94 1 110-33
6-94 2- 1-94 1 90-61
8-94 2- 1-94 1 10-62
9-94 2- 1-94 1 6-52
10-94 3- 1-94 1(733.01) 6-26(a)
12-94 4- 5-94 1(626.01) 38-28
2(626.03) 38-29
13-94 4- 5-94 1(611.03) Rpld 82-32(6)
15-94 5- 3-94 Adopt. 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
28-94 7-19-94 1 110-567(a)(6)
2 34-122
3 102-36
4 102-39(d)(1)a.,b.
Supp. No. 3 CCT:13
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
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
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
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
10-119
10-121
3 10-100
10-122, 10-123
7 App. B, Ch. 10, Art.
IV
3-96 3- 5-96 1 110-493(a)
4-96 5-21-96 1 App. A, Art. IV, § 4
96-23(Res. No.) 5-21-96 1 App. B, Ch. 2, Art. V
96-24(Res. No.) 5-21-96 1 App. B, Ch. 78, Art. II
96-25(Res. No.) 5-21-96 1 App. B, Ch. 62
Supp. No. 3 CCT:14
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
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)
2 110-356(6)
19-96 9- 3-96 1 Added 110-195(8)
20-96 9-17-96 1 110-171(a)(2)
Supp. No. 3 CCT:15
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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
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
Supp. No. 3 SLT:1
F.S.
Section
218.33
232.03
ch. 233
ch. 252
ch. 280
ch. 286
286.011
ch. 316
316.194
316.195
316.293
316.650
316.1936
316.1945
Ch. 318
320.823
370.12
380.04
ch. 381
ch. 386, pt. I
400.402
403.91 et seq.
403.413
403.415
403.702 et seq.
403.801 et seq.
ch. 471
471.003
471.005
ch. 480
480.034
ch. 481
489.105
489.119
489.129
489.131(3)(e)
ch. 517
ch. 553
553.36(12)
553.71
553.71(7)
553.77
553.79
553.79(7)
553.900
ch. 561
chs. 561-568
ch. 561 et seq.
561.01
561.01(4)(a)
562.14
CAPE CANAVERAL CODE
Section
this Code
Char. Art. XVII, § 1
10-139
10-86
Ch. 18
Char. Art. XVII, § 8
Ch. 2, Art. II, Div. 3
Char. Art. V, § 1
74-1
74-63
74-56
34-34
Ch. 34, Art. V
Char. Art. XIII, § 6
Ch. 6, Art. III, Div. 2
74-56
74-63
82-81
82-88
Ch. 14, Art. III
86-2
10-163
10-62
110-1
Ch. 106, Art. II
Ch. 34, Art. II
Ch. 34, Art. V
Ch. 62
106-29
82-322
82-322
82-322
10-86
10-175
10-86
82-322
82-322
82-322
82-322
70-85
10-86
Ch. 82
82-81
110-1
82-322
82-322
82-322
82-322
82-321
82-323
Ch. 82, Art. XIII
Ch. 82, Art. IX
6-52
110-171(a)(2)
Ch. 6
6-51
110-1
6-26, 6-27
F.S.
Section
562.45
565.02(4)
ch. 633
633.022
633.025
658.98
ch. 705
705.101 et seq.
ch. 718
768.28
775.082
775.083
790.15
ch. 791
791.01
ch. 794
ch. 796
ch. 800
806.01
806.10
806.13(2)(c)
806.111
ch. 810
ch. 812
ch. 817
839.13
ch. 847
847.013,847.014
849.09(2)
849.10
849.25(3)
865.09
870.041 et seq.
877.03
ch. 893
893.13
ch. 901
901.25
943.25(13)
Section
this Code
6-27
110-171
Ch. 38
Ch. 38, Art. II
Ch. 38, Art. II
2-206
34-180
Ch. 34, Art. VI
110-404
Char. Art. XXIV,
§ 11,
Char. Art. XXIV,
§ 12
Ch. 50
50-1
Ch. 50
50-1
50-1
Ch. 38, Art. IV
38-81
80-1
10-86
80-1
10-86
80-1
10-86
10-86
10-86
10-86
80-1
80-1
80-1
1-13
10-169
10-86
10-86
10-86
10-86
10-114
Ch. 18
10-86
80-1
10-86
Char. Art. XIII, § 4
Char. Art. XIII, § 5
50-3
Supp. No. 3 SLT:2
CODE INDEX
Section
ABANDONED PROPERTY
Additional remedies 34-179
Code enforcement board hearing proce-
dures
Conduct 34-183(b)
Issuance, filing of board order 34-183(d)
Setting date; notice 34-183(a)
Compliance with notice or order to remove;
removal by city upon noncompliance 34-184
Definitions 34-176
Disposition of property removed by city34-186
Entry upon private property authorized 34-177
Liability of owner for towing, storage ex-
penses; collection of lien on private
property 34-188
Notice to abate
Contents 34-182(b)
Insurance 34-182(a)
Notification of owner following removal by
city
Contents of notice 34-185(c)
Documentation filed with state 34-185(e)
Notice by publication 34-185(d)
Notice to owner 34-185(a)
State, other official agencies, notice to . 34-185(b)
Penalty 34-178
Property abandoned or lost on public prop-
erty 34-180
Redemption prior to sale by city 34-187
Signs and hazardous signs 94-62
Storing, parking or leaving on private prop-
erty 34-181
ACCESS
Costal construction code, public access.... 82-93
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
A
ACCESSORY STRUCTURES
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
ACCIDENTS
Vehicles for hire
Report of accidents 80-88
ACTIONS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS
ADDRESSES
Adult entertainment
Change of address re permit
10-149
Section
ADDRESSES—Cont'd.
Numbering of buildings and property 82-366 et seq.
See: LAND DEVELOPMENT CODE
ADULT BOOKSTORES. See: ADULT ENTER-
TAINMENT
ADULT DANCING ESTABLISHMENTS. See:
ADULT ENTERTAINMENT
ADULT ENTERTAINMENT
Administrative agencies
Authority of
Adult bookstore
Adult dancing establishments
Adult motion picture theaters
Advertising
Alcoholic beverages
Establishments
Nudity on premises where alcohol
served, consumed or stored 6-27
Unlawful activities where sold or dis-
pensed
Authority
City council
Powers of 10-93
City manager
Responsibilities 10-91
Commercial establishment
Unlawful activities as
Definitions
Distance and dispersal requirements
Evidence of violation
Exhibit or display of certain anatomical
areas by employees or patrons prohib-
ited 10-172
Federal, state and local requirements, com-
pliance with
Fees schedule in general. See: FEES (Ap-
pendix B)
Findings of fact
Food or other beverages
Unlawful activities where sold or dis-
pensed
Glass areas facing public thoroughfares,
covering 10-164
Immunity from prosecution 10-94
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
License for establishment
Annual license fees
Levy of; regulatory in nature 10-121
Cancellation 10-119
Changing name of business 10-123(b)
Classification 10-111(b)
Commercial establishments advertising
adult entertainment, required of10-112
10-92
10-174
10-177
10-176
10-167
10-101
10-87
10-100
10-86
10-166
10-98
10-163
10-90
10-101
Supp. No. 3
CDi:1
CAPE CANAVERAL CODE
ADULT ENTERTAINMENT—Cont'd.
Contents 10-1119
Display; mutilation prohibited 10-120
Expiration 10-119
Generally 10-111(a)
Limitation on licenses and licensed prem-
ises 10-118
More than one classification at single
location prohibited 10-113
New location, licensee moving to 10-123(a)
Procedure 10-114
Records and reports; consent by licensee 10-125
Renewals 10-119
Required 10-111
Statement of classification on applica-
tion; separate license for each loca-
tion
Suspension
Fine or suspension 10-124(c)
Other violations 10-124(b)
Violations of health, building, zoning
or fire provisions 10-124(a)
Term of license 10-119
Transferability 10-122
Massage establishments 10-175
Minors
Admission of 10-169
Sale to 10-170
Obscenity 10-168
Penalties 10-95
Permit for employees
Appeal 10-147
Application; fee 10-139
Change of address, name or place of
employment 10-149
Expiration and renewal 10-143
Investigation by county health depart-
ment 10-140
Issuance; contents 10-142
Lost permits, replacement of 10-148
Possession of permit required 10-144
Qualifications 10-138
Required 10-136
Revocation 10-145
Suspension
Periods of suspension 10-146(b)
Procedure 10-146(a)
Surrender of permit required 10-146(c)
Temporary permit 10-141
Violations 10-137
Presumptions of violations 10-96
Prohibited activities 10-171
Purpose of provisions 10-89
Restroom use
Exception for
Sanitary facilities
Plumbing 10-165(b)
Restrooms 10-165(c)
Water supply 10-165(a)
Scope of provisions 10-88
Section
Supp. No. 3 CDi:2
ADULT ENTERTAINMENT—Cont'd.
Straddle dancing
Unlicensed premises
Operation of unlawful
Violations or illegal acts, permitting
ADULT MOTION PICTURE THEATERS. See:
ADULT ENTERTAINMENT
ADVERTISING
Adult entertainment establishments
Loudspeakers, sound amplifiers, etc., use
for
Noises, enumeration of prohibited
Signs
10-111(c) Land development code regulations
See: LAND DEVELOPMENT CODE
AFFIRMATION. See: OATH, AFFIRMATION,
SWEAR OR SWORN
AGENCIES OF CITY. See: DEPARTMENTS
AND OTHER AGENCIES OF CITY
AGENDA
City council
AGREEMENTS. See: CONTRACTS AND
AGREEMENTS
AIRCRAFT
Litter dropping from aircraft
ALARM SYSTEMS
Definitions
Duty of owner or lessee of system or prem-
ises
Equipment maintenance
Fees schedule in general. See: FEES (Ap-
pendix B)
Intent
Penalties
Permit
Application
Issuance
Required
Term; fee; transferability
Response to alarms, corrective actions, re-
ports required and fees charged
Telephone alarm devices
10-97 ALCOHOLIC BEVERAGES
Adult entertainment
Establishments, operation of
Hours of operation 6-26
Nudity on premises where served,
consumed or stored 6-27
Section
10-173
10-161
10-162
10-167
34-153(3)
94-1 et seq.
2-60
34-35
30-26
30-29
30-30
30-27
30-28
30-47
30-49
30-46
30-48
30-31
30-32
CODE INDEX
Section
ALCOHOLIC BEVERAGES—Cont'd.
Unlawful activities where alcoholic bev-
erages sold or dispensed 10-101
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
Supp. No. 3 CDi:2.1
J
J
ELECTRICITY—Cont'd.
Signs
Land development code regulations....
See: LAND DEVELOPMENT CODE
EMERGENCIES
Civil emergencies
See: CIVIL EMERGENCIES
Flood damage prevention
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Purchase
Sanitary sewer system
Termination of service and emergency
Services
Alarm systems
See: ALARM SYSTEMS
Fees schedule in general. See: FEES
(Appendix B)
Outdoor entertainment permit require-
ments
Street excavations
EMPLOYEES. See: OFFICERS AND EM-
PLOYEES
ENCROACHMENT
Property maintenance standards
See: PROPERTY MAINTENANCE
STANDARDS
ENGINEER. See: CITY ENGINEER
ENGINEERS AND ENGINEERING
Street excavations
Engineering details
90-26 et seq.
2-221
78-58
30-26 et seq.
10-62(4)
66-70
34-91 et seq.
CODE INDEX
Section Section
ENVIRONMENT—Cont'd.
Property maintenance standards 34-91 et seq.
94-1 et seq. See: PROPERTY MAINTENANCE
STANDARDS
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS-
18-1 et seq. POSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Weeds and dead vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
EXCAVATIONS
Building sewers
Excavation and grading code
Administrative authority or official
Adopted
Fees schedule in general. See: FEES (Ap-
pendixB)
Sanitary sewer system
See: SEWERS AND SEWAGE DIS-
POSAL
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
78-83
82-297
82-296
78-26 et seq.
66-61 et seq.
EXHAUST
Discharge into open air
Noises, enumeration of prohibited 34-153(6)
66-66 EXHIBITIONS
Adult entertainment 10-46 et seq.
See: ADULT ENTERTAINMENT
ENGINES
Discharge into open air of exhaust
Noises, enumeration of prohibited 34-153(6)
ENTERTAINMENT. See: AMUSEMENTS
AND AMUSEMENT PLACES
ENVIRONMENT
Abandoned property 34-176 et seq.
See: ABANDONED PROPERTY
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
Lights 34-206 et seq.
See: LIGHTS AND LIGHTING
Litter 34-26 et seq.
See: LITTER
Noise 34-151 et seq.
See: NOISE
Planning and zoning board 58-26 et seq.
See: PLANNING AND ZONING BOARD
EXPLOSIONS/EXPLOSIVES
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
Fireworks 38-81 et seq.
See: FIREWORKS
F
FALSE ALARMS. See: ALARM SYSTEMS
FALSE STATEMENTS
Occupational license tax application
FEDERAL GOVERNMENT
Adult entertainment
Compliance with federal requirements .
Federal utilities commission
Franchise regulations in general. See:
FRANCHISES (Appendix A)
70-73
10-163
Supp. No. 3 CDi:9
FEDERAL GOVERNMENT—Cont'd.
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Interpret law
City attorney
Duties
Vehicles for hire
Application of provisions to vehicle, op-
erator regulator by federal govern-
ment
FEES
Adult entertainment
Fees for license of establishment
Alarm systems
Fees charged
Permit fees
Certain ordinances not affected by Code
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Impact fees
See: IMPACT FEES
Outdoor entertainment permit
Sewer fees where owner has private water
supply
Solid waste
Schedule of fees
Street excavations permit fee
Vehicles for hire
Driver's permit fee
Fees to be in addition to other taxes and
charges
CAPE CANAVERAL CODE
Section Section
FINANCES—Cont'd.
Litter
Waiver of rights by property owner; re-
moval of city's costs 34-69
Outdoor entertainment permit require-
2-126(3) ments 10-62(5)
Public service tax 70-26 et seq.
See: TAXATION
Purchasing 2-216 et seq.
80-2 See: PURCHASES AND PURCHASING
Quarterly report of income and expendi-
tures 2-206
Sewer impact fees
Payment 78-122
Use of funds 78-127
10-121
30-31
30-48
1-10(a)(7)
2-231 et seq.
10-63
78-154
62-5
66-83
80-55
FINES, FORFEITURES AND OTHER PEN-
ALTIES
Certain ordinances not affected by Code
Code does not affect prior penalties or
forfeitures incurred
Effect of repeal of ordinances on penalties
incurred
Franchise regulations in general. See:
FRANCHISES (Appendix A)
General penalty
Penalties for specific acts, omissions, viola-
tions, etc. See specific subjects as in-
dexed
FIRE AND RESCUE IMPACT FEES
80-3 Fees schedule in general. See: FEES (Ap-
pendix B)
FENCES, WALLS, HEDGES AND ENCLO-
SURES
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
FINANCES
Building sewers
Cost of installation
Certain ordinances not affected by Code
City treasurer
Duties
Commercial development board
See: COMMERCIAL DEVELOPMENT
BOARD
Court costs for police education and train-
ing
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Impact fees
See: IMPACT FEES
Library board expenditures
FIRE DEPARTMENT. See: FIRE PREVEN-
TION
FIRE LANES
Designation of
1-15
74-62
FIRE PREVENTION
Alarm systems generally 30-26 et seq.
See: ALARM SYSTEMS
Bottled gas
78-78 Use restrictions; permit required 38-5
1-10(a)(2) Conformance 38-34
Doors to businesses or public halls 38-6
2-141(1) Fire chief
22-26 et seq. Duties 38-58
Generally 38-56
Fire department
Compensation 38-56
50-3 Composition 38-56
Volunteer fire department 38-57
Fire inspectors
2-231 et seq. Designated as city code inspectors 38-3
Life Safety Code re 38-29
46-27 Fire lanes, designation of 74-62
J
Supp. No. 3
CDi:10
FIRE PREVENTION—Cont'd.
Fire prevention codes
Life Safety Code
Adopted
Fire inspector
Lockboxes required
National Fire Prevention Code
Adopted
Inspector
Standard Fire Prevention Code
Administrative authority or official
Adopted
Fireworks generally
See: FIREWORKS
Flammable materials and liquids
Storage and dispensing restrictions
Hazardous materials and substances
Abatement
Cleanup
Cost recovery
Definitions
Violations and penalties
Impact fees generally
See: IMPACT FEES
Inspector
National Fire Prevention Code
Life Safety Code. See herein: Fire Preven-
tion Codes
Lockboxes
Fire prevention code requirements
Required
National Fire Prevention Code. See herein:
Fire Prevention Codes
Outdoor entertainment permit require-
ments
Private entry gates
Safety fees
Smoke detectors to have battery backup
Standard Fire Prevention Code. See herein:
Fire Prevention Codes
Violations and penalties
Volunteer fire department
FIREWORKS
Application for permit; fees
Attending firefighters
Definitions
Insurance
Investigation of applicant; issuance or de-
nial of permit
Operators
Public displays authorized
Storage of materials
FIRMS
Persons; definitions and rules of construe-
tion extended and applied to
10-62(4)
38-33
38-2
38-7
38-1
38-57
38-83
38-88
38-81
38-86
38-84
38-85
38-82
38-87
CODE INDEX
Section
38-28
38-29
38-32
38-26
38-27
38-31
38-30
38-81 et seq.
38-4
38-91
38-91
38-93
38-90
38-93
2-231 et seq.
Section
FLOOD DAMAGE PREVENTION
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
Fees schedule in general. See: FEES (Ap-
pendix B)
Generally 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
FLOODLIGHTS
Outdoor entertainment permit require-
ments 10-62(1)
Spill -over lighting requirements 34-206 et seq.
See: LIGHTS AND LIGHTING
FLORIDA RAILROAD AND PUBLIC UTILI-
TIES COMMISSION
Franchise regulations in general. See:
FRANCHISES (Appendix A)
FLORIDA. See: STATE
38-27 FORFEITURE. See: FINES, FORFEITURES
AND OTHER PENALTIES
FOWL. See: ANIMALS AND FOWL
38-32
38-32 FRANCHISES (APPENDIX A)
(Note —Citations herein refer to articles
and sections contained within Appen-
dix A Franchises)
Cable communications
Acceptance
Assignment of franchise
Breach clause
Charges and services
Compensation to the city
Compliance with applicable laws and
ordinances
Conditions on street occupancy
Approval procedure
Determination of right to use streets
Placement of fixtures
Relocation
Requirements
Restoration
Safety precautions
Temporary removal of wire for build-
ing moving
Tree trimming
Use
Conflicting ordinances
Council
Procedure after termination
Right of acquisition by the city
1-2 Rights in franchise
I-14
I-20
I-22
I-10
I-11
I-4
I-7(a)
I-7(j)
I-7(f)
I-7(e)
I-7(b)
I-7(d)
I-7(i)
I-7(g)
I-7(h)
I-7(c)
I-15
I-8(d)
I-8(e)
I-8
Supp. No. 3
CDi:11
FRANCHISES (APPENDIX A)—Cont'd.
Rules
Supervision and inspection
Use of system by council
Definitions
Extension of city limits
Grant and terms
Interruptions
Method of publication
Notice of interruption for repairs
Prohibitions
Advertising
Regulated public utilities
Proposed channel system
Protective and indemnity provisions
Separability
Service availability
Service standards
Short title
Electric
Acceptance by grantee
Amount of payments by grantee to
grantor
Competition by grantor
Effective date
Forfeiture
Grant
Liability
Location of facilities
Monthly payments
Rates, rules and regulations
Repeal of conflicting ordinances
Validity
Gas
Approval of transfer
Commencement of construction
Compensation to city
Consideration
Construction, manner of
Customers outside city, no liability for
payment of revenue from
Definitions
Deposit of guarantee with city
Emergency
Extension of mains
Federal utilities commission, rules of
prevail
Florida Railroad and Public Utilities
Commission, authority of and rates
for first three years
Forfeiture, causes for
Franchise, grant of
Gas meters, maintenance and inspec-
tion of
Liability insurance
Maps showing location of mains
Filing with city
Pipelines
Manner of laying
Plans and specifications
Filing with city
CAPE CANAVERAL CODE
Section
FRANCHISES (APPENDIX A)—Cont'd.
I-8(a) Records, access of city to
I-8(c) Regulations for work under franchise
I-8(b) Right of city to purchase
I-2 Rules of company for conduct of busi-
I-16 ness
I-3 Schedule of rates
I-12 Filing with city
I-23 Streets, regulation of by city
I-6 Taxes, right of city to levy and collect
Telephone
Company liability: indemnification
Compliance with applicable law and or-
dinances
Conditions on street occupancy
Definitions
Fees paid by company
Grant of permission
Limitations on obligations of city
Severability
Street occupancy, conditions on
Terms of rights granted
Transfer of rights granted herein
II-2
FRANCHISES (Generally)
Certain ordinances not affected by Code..
Franchise regulations in general. See:
FRANCHISES (Appendix A)
II-5 FRAUD
II-11 Solicitors, peddlers and itinerant mer-
II-10 chants
F.S. (Florida Statutes)
Definitions and rules of construction
Section
III-20
III-16
III-8
III-19
III-11
III-25
III-26
IV-4
IV-3
IV-5
IV-1
IV-7
IV-2
IV-10
IV-11
IV-5
IV-9
IV-6
1-10(a)(4)
16-30
1-2
FUEL OIL
Public service tax 70-26 et seq.
See: TAXATION
G
GARAGE SALES
III-24 Land development code regulations re zon-
ing
See: LAND DEVELOPMENT CODE
III-3
III-14
III-2
GARBAGE AND TRASH. See: SOLID WASTE
GAS
III-18 Franchise regulations in general. See:
III-12 FRANCHISES (Appendix A)
Gas code
III-15 Administrative authority or official ....
Adopted
III-6 Amendments
Public service tax
III-5 See: TAXATION
110-26 et seq.
82-172
82-271
82-173
70-26 et seq.
Supp. No. 3 CDi:12
GENDER
Definitions and rules of construction
GIFTS
Purchasing procedure
GLASS CONTAINERS
Park and recreation prohibitions
GRADES AND GRADING
Concurrency management
See: LAND DEVELOPMENT CODE
Excavation and grading code
Flood damage prevention
See: LAND DEVELOPMENT CODE
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Street grades
Certain ordinances not affected by Code
Tree protection, land clearing
See: LAND DEVELOPMENT CODE
GUTTERS
Litter, sweeping into gutters prohibited...
H
HANDBILLS
Litter regulations
See: LITTER
CODE INDEX
Section
1-2
2-226(b)
54-1
86-1 et seq.
82-296, 82-297
90-26 et seq.
66-61 et seq.
1-10(a)(10)
102-36 et seq.
34-31
34-51 et seq.
Supp. No. 3
CDi:12.1
J
J
3
CODE INDEX
Section
LAND DEVELOPMENT CODE—Cont'd.
Procedure 110-137
Reconsideration of district boundary
changes 110-139
Annexations
Zoning classification of 110-256
Antennas
Earth station antennas 110-478
Area
C-1 Low Density Commercial District 110-336
Dimension or area reduction below
minimum 110-254
M-1 Light Industrial and Research
and Development District 110-356
R-1 Low Density Residential District 110-276
R-3 Medium Density Residential Dis-
trict 110-316
Residential planned unit develop-
ments
Minimum lot area 110-439
Reuse of area used for density calcu-
lation 110-253
Townhouses 110-372
Atomic energy uses 110-480
Board of adjustment
Administrative review
Appeal notice, hearing 110-29(b)
Authority 110-29(a)
Stay of proceedings 110-29(c)
Appeals from board 110-35
Decisions 110-32
Established; composition; qualifica-
tions 110-26
Indebtedness 110-30
Powers and duties 110-28
Proceedings 110-27
Reconsideration of administrative re-
view, special exception variance 110-33
Special exceptions
Applicants for 110-31
Applications; procedures 110-46
Expiration 110-48
Permissible by 110-294 et seq.
See within subheading: Special
Exceptions By Board of Ad-
justment
Written findings certifying compli-
ance 110-47
Variances
Applications; procedures 110-31, 110-62
Generally 110-61
Violation of conditions of special ex-
ceptions or variance 110-34
Boats and boat trailers
Living aboard 110-552
Location of
Bonding
Residential planned unit develop-
ments
Section
LAND DEVELOPMENT CODE—Cont'd.
Boundaries
Reconsideration of district boundary
changes 110-139
Rules for interpretation of district
boundaries 110-248
Breeze requirements
R-3 Medium Density Residential Dis-
trict, minimum breeze require-
ment 110-319
Building official
Duties of 110-88
Building permits
Residential planned unit develop-
ments 110-406
Townhouses 110-378
Buildings
Lot and street requirements for 110-255
Nonconforming structures 110-193
Nonconforming uses of structures or
of structures and premises in
combination 110-195
Required for commercial uses 110-481
Setback lines 110-536
Structures approved by special excep-
tions 110-161
C-1 Low Density Commercial District
Accessory uses and structures 110-333
Area and dimensions 110-336
Intent 110-331
Landscaping, screening and parking 110-338
Minimum setbacks 110-337
Offstreet parking and access 110-339
Principal uses and structures 110-332
Prohibited uses and structures 110-335
Special exceptions permissible by
board of adjustment 110-334
Camping equipment
Location of 110-551
Camping equipment, boats and boat trail-
ers, location of 110-551
Certificate of occupancy
Hotels and motels 110-122
Required 110-121
Commercial district
C-1 Low Density Commercial District 110-331 et seq.
See within subheading: C-1 Low
Density Commercial District
Commercial districts
Landscaping and screening for 110-566
Commercial uses
Buildings required for 110-481
Common recreation and open space
Residential planned unit develop-
ments, minimum
110-551 Complaints of violations
Conflicts with other ordinances
Conformity to plans, specifications, in-
110-407 tendment uses and applications
110-404, 110-
438
110-90
110-86
110-91
Supp. No. 3
CDi:23
LAND DEVELOPMENT CODE—Cont'd.
Construction
Swimming pools
Courts, minimum width of
Dedication
Public easement
Public land
Definitions
Density
C-1 Low Density Commercial District
See within subheading: C-1 Low
Density Commercial District
R-1 Low Residential District
See within subheading: R-1 Low
Residential District
R-2 Medium Density Residential Dis-
trict
See wit
dium Density Residential Dis-
tri
R-3 Medium Density Residential Dis-
trict
See within subheading: R-3 Me-
dium Density Residential Dis-
trict
Residential planned unit develop-
ments
Maximum density
Reuse of area used for density calcu-
lation
Development districts
M-1 Light Industrial and Research
and Development District
See within this subheading: M-1
Light Industrial and Research
and Development District
Development plans
Residential planned unit develop-
ments
See within this subheading: Resi-
dential Planned Unit Devel-
opments
Development schedule
Townhouses
Development standards
Residential planned unit develop-
ments
Dimensions
C-1 Low Density Commercial District
M-1 Light Industrial and Research
and Development District
Offstreet loading
R-1 Low Density Residential District
R-2 Medium Density Residential Dis-
trict
R-3 Medium Density Residential Dis-
trict
Townhouses
Districts
Annexations, zoning classification of
CAPE CANAVERAL CODE
Section
110-581
110-473
110-477
110-476
110-1
110-331 et seq.
110-271 et seq.
ct
110-291 et seq.
hin subheading: R-2 Me-
110-311 et seq.
110-437
110-253
110-351 et seq.
110-421 et seq.
110-379
110-444
110-336
110-356
110-507
110-276
110-296
110-316
110-372
110-256
LAND DEVELOPMENT CODE—Cont'd.
Application of district requirements
Conformity
Dimension or areas reduction below
minimum
Duplicate use of setbacks, open space,
parking space
Lot and street requirements for struc-
tures
Official zoning map
Adopted
Replacement
Preservation of trees in all districts
Reconsideration of district boundary
changes
Regulations for specific districts. See
within specific districts as in-
dexed
Reuse of area used for density calcu-
lations
Rules for interpretation of district
boundaries
Structure, height, maximum use, lot
area, setbacks
Unusual uses or uses not specifically
permitted
Drainage systems
Residential planned unit develop-
ments
Dune crossovers
R-3 Medium Density Residential Dis-
trict
Earth station antennas
Easements
Dedicated public easements
Enclosures
Swimming pools
Encroachments
Setbacks
Enforcement of provisions
Fences, walls and hedges
Floor area
Residential planned unit develop-
ments, minimum
Frontage
Residential planned unit develop-
ments
Garage sales
Height
District
Exceptions to regulations
Home occupations
Occupational license required
Permitted home occupations
Requirements
Hotels and motels
Certificate of occupancy
Individually platted lots
Townhouses
Industrial districts
Landscaping and screening for
Section
110-249
110-250
110-254
110-252
110-255
110-246
110-247
110-568
- 110-139
110-253
110-248
110-251
110-257
110-404
110-320
110-478
110-477
110-582
110-328
110-87
110-470
110-441
110-439
110-467
110-251
110-471
110-523
110-521
110-522
110-122
110-377
110-566
Supp. No. 3 CDi:24
CODE INDEX
Section
LAND DEVELOPMENT CODE—Cont'd.
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and Research
and Development District
Intersections
Visibility at 110-469
Land
Nonconforming uses of 110-194
Landscaping and vegetation
C-1 Low Density Commercial District 110-338
Interior landscaping for offstreet park-
ing areas 110-567
Supp. No. 3 CDi:24.1
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3
N
NATIONAL FIRE PREVENTION CODE. See:
FIRE PREVENTION
NATIONAL ORIGIN DISCRIMINATION
Human rights, discrimination prohibited .
NATURAL DISASTERS. See: CIVIL EMER-
GENCIES
NATURAL GAS
Public service tax
See: TAXATION
NOISE
Construction noise
Declaration of policy to prohibit noise
Enumeration of prohibited noises
Land development code regulations re zon-
ing
See: LAND DEVELOPMENT CODE
Violations and penalties
NUDITY
Adult entertainment
Exhibit or display of certain anatomical
areas by employees or patrons pro-
hibited
Alcoholic beverage establishments
Nudity on premises where served, con-
sumed or stored
Public nudity
CODE INDEX
Section Section
O
40-28
70-26 et seq.
34-154
34-151
34-153
110-26 et seq.
34-152
10-172
6-27
50-2
NUISANCES
Abandoned property generally 34-181 et seq.
See: ABANDONED PROPERTY
General penalty 1-15(b)
Noise generally 34-151 et seq.
See: NOISE
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Spill -over lighting 34-206 et seq.
See: LIGHTS AND LIGHTING
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Notice to remedy notices 34-123
Public nuisances prohibited 34-122
NUMBERS AND NUMBERING
Buildings and property 82-366 et seq.
See: LAND DEVELOPMENT CODE
Definitions and rules of construction 1-2
Vehicles for hire 80-76(e)
Number of passengers carried 80-79
OATH, AFFIRMATION, SWEAR OR SWORN
Definitions and rules of construction 1-2
OBLIGATIONS
Certain ordinances not affected by Code 1-10(a)(2)
OBNOXIOUS SUBSTANCES
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
OBSCENITY. See: INDECENCY AND OB-
SCENITY
OBSTRUCTIONS
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Solid waste collection
OCCUPANCY
Franchise regulations in general. See:
FRANCHISES (Appendix A)
OCCUPATIONAL LICENSE TAX. See: TAX-
ATION
OFFENSES
Abandoned property
See: ABANDONED PROPERTY
Certain ordinances not affected by Code
Code does not affect prior offenses
Court costs for police education and train-
ing
Effect of repeal of ordinances and offenses
committed
General penalty
Penalties for specific acts, omissions, viola-
tions, etc. See specific subjects as in-
dexed
Public nudity
State misdemeanor acts adopted, penalties
OFFICERS AND EMPLOYEES
Animal control officer
City clerk
Duties
City engineer
Duties
City manager
See: CITY MANAGER
Powers and duties
City treasurer
Duties
Classification
Certain ordinances not affected by Code
Definitions and rules of construction
94-1 et seq.
62-11
34-181 et seq.
1-10(a)(1)
1-8
50-3
1-9(b)
1-15
50-2
50-1
14-27
2-116
2-141
2-101 et seq.
2-101
2-141
1-10(a)(14)
1-2
Supp. No. 3
CDi:31
OFFICERS AND EMPLOYEES—Cont'd.
Delegation of authority
Definitions and rules of construction
Deputy city manager
Fire chief
Fire department
Compensation
Joint authority
Definitions and rules of construction
Police chief
Precinct supervisor
Salaries
Certain ordinances not affected by Code
Sergeant at arms
City council
CAPE CANAVERAL CODE
Section
1-2
2-102
38-56, 38-58
38-56
1-2
42-26
42-26
1-10(a)(14)
2-63
ORDINANCES, RESOLUTIONS, ETC.
City attorney
Duties 2-126(4)
City council
Preparation of ordinances and resolu-
tions prior to meetings 2-59
County animal control ordinance 14-26 et seq.
See: ANIMALS AND FOWL
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Street abandonment, ordinance required . 66-39
OUTDOOR ADVERTISING
Signs
Land development code regulations....
See: LAND DEVELOPMENT CODE
OUTDOOR ENTERTAINMENT
Compliance with other laws
Definitions
Exceptions to provisions
Fees schedule in general. See: FEES (Ap-
pendix B)
Occupational license required
Penalties for violations
Permit
Application
Cash cleanup bond
Fee
Required
OWNER
Definitions and rules of construction
P
PARKING
General regulations
See: MOTOR VEHICLES AND TRAF-
FIC
PARKS AND RECREATION
Alcoholic beverages
Possession and consumption
94-1 et seq.
10-47
10-46
10-50
10-49
10-48
10-62
10-64
10-63
10-61
1-2
74-56 et seq.
PARKS AND RECREATION—Cont'd.
Animals
Prohibited in parks
Beautification board
See: BEAUTIFICATION BOARD
Boats, vessels regulated
See: BOATS, DOCKS AND WATER-
WAYS
Concurrency management
See: LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES (Ap-
pendix B)
Glass container prohibited
Impact fees generally
See: IMPACT FEES
Litter
Throwing in river or other body of water
in parks
Park hours
Recreation board
Duties
Established
Indebtedness
Vacation of office
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Vessels regulated
See: BOATS, DOCKS AND WATER-
WAYS
Wetlands protection
See: LAND DEVELOPMENT CODE
PARTNERSHIPS
Persons; definitions and rules of construc-
tion extended and applied to
PEDDLERS, CANVASSERS AND SOLICI-
TORS
Definitions
Fraud
Harassment prohibited
Permission to enter premises required
Permit
Appeals
Application
Badge for solicitors
Exhibition of permit on request
Investigation; denial or issuance of; record
Notice of hearing
Required
Revocation
Report of violations
Solicitor to leave when requested
PENALTIES. See: FINES, FORFEITURES
AND OTHER PENALTIES
Section
14-28
2-181 et seq.
54-46 et seq.
86-1 et seq.
54-1
2-231 et seq.
34-36
54-2
54-28
54-26
54-29
54-27
66-61 et seq.
54-46 et seq.
106-26 et seq.
1-2
16-26
16-30
16-28
6-27
16-56
16-52
16-57
16-58
16-53
16-55
16-51
16-54
16-31
16-29
PERSON
6-52 Definitions and rules of construction 1-2
Supp. No. 3 CDi:32
CODE INDEX
Section
PERSONNEL. See: OFFICERS AND EM-
PLOYEES
PHONOGRAPHS
Noises, enumeration of prohibited 34-153(2)
PHOTOGRAPHY
Motion and still photography production
permits
Application for permit 16-66
City manager to act as agent for city 16-64
Definitions 16-63
Nonexemption from other city Code re-
quirements 16-67
Purposes 16-61
Recovery of costs for extraordinary ser-
vices 16-68
Required 16-65
Suspension and revocation 16-65
Title 16-60
Violations and penalties 16-65
PIPE LINES
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Supp. No. 3
CDi:32.1
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SIGNS AND BILLBOARDS—Cont'd.
Handbills
Litter regulations
See: LITTER
Property maintenance standards
Sign appearance and maintenance
Specific regulations pertaining signs
See: SIGNS AND BILLBOARDS
Truck routes, signs for
SINGING
Noises, enumeration of prohibited
SITE PLANS
Fees schedule in general. See: FEES (Ap-
pendix B)
Land development code regulations re zon-
ing
See: LAND DEVELOPMENT CODE
Planning and zoning board
See: PLANNING AND ZONING BOARD
SOLAR ENERGY STANDARDS
Adopted
Compliance with building code
Permit fee
SOLICITORS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
SOLID WASTE
City
Authority to collect
Ownership by city
Complaint procedure
Concurrency management
See: LAND DEVELOPMENT CODE
Containers
Required
Definitions
Fees schedule in general. See: FEES (Ap-
pendix B)
Ownership by city
Penalties
Proper disposal prerequisite to collection .
Public nuisances prohibited
Dead plants, refuse, debris
Yards, etc., to be kept free of
Regulations on file
Residential solid waste pickup conditions
Location of solid waste containers
Pickup
Recyclable material
Separation of solid waste
Solid waste
Yard waste
Sanitary sewer system
See: SEWERS AND SEWAGE DIS-
POSAL
Schedule of fees
CODE INDEX
Section Section
SOLID WASTE—Cont'd.
Transporting 62-7
34-51 et seq. Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Unlawful acts
34-100 Burning or burying of solid waste 62-11(c)
94-1 et seq. Container of another 62-11(b)
Hazardous materials 62-11(i)
74-32 Obstruction 62-11(a)
Unlawful accumulations 62-11(d)
Unlawful disposal 62-11(e)
34-153(4)
110-26 et seq.
58-26 et seq.
82-221
82-223
82-222
62-3
62-4
62-6
86-1 et seq.
SOUND AMPLIFIERS
Noises, enumeration of prohibited
STANDARD FIRE PREVENTION CODE. See:
FIRE PREVENTION
STATE
Abandoned property
Notification of owner; following removal
by city
Documentation filed with state
Adult entertainment
Compliance with state requirements
Definitions and rules of construction
Election code adopted
Law
City attorney
Duties
Misdemeanor acts adopted, penalty
Parking, state law adopted
Threshold buildings, state law adopted
Vehicles for hire
Application of provisions to vehicle, op-
erator regulator by state govern-
ment
62-8 STORAGE
62-1 Abandoned vehicles on private property
Fireworks
Storage of materials
62-4
62-2
62-10
34-122
62-12
62-9(f)
62-9(e)
62-9(b)
62-9(a)
62-9(d)
62-9(c)
78-26 et seq.
62-5
34-153(3)
34-185(e)
10-163
1-2
26-1
2-126(3)
50-1
74-56
82-321
80-2
34-181
38-87
STORM DRAINAGE
Certain ordinances not affected by Code.. 1-10(a)(17)
Subdivisions
Land development code regulations .... 98-1 et seq.
See: LAND DEVELOPMENT CODE
82-81 et seq.
STORMWATER MANAGEMENT
Coastal construction code
See: LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES (Ap-
pendix B)
Sanitary sewer system
See: SEWERS AND SEWAGE DIS-
POSAL
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
78-26 et seq.
66-61 et seq.
Supp. No. 3
CDi:37
CAPE CANAVERAL CODE
Section
STORMWATER MANAGEMENT—Cont'd.
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
STREETS, SIDEWALKS AND OTHER PUB-
LIC WAYS
Adult entertainment
Covering glass areas facing public thor-
oughfares 10-164
Alcoholic beverages
Possession and consumption 6-51
Beautification board generally 2-181 et seq.
See: BEAUTIFICATION BOARD
Certain ordinances not affected by Code 1-10(a)(5)
Concurrency management system 86-1 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
Excavations
City
Authority of city
Right to restore surface
Cleanup
Emergencies
Engineering details
Guarantee
Inspections
Liability of city
Method of installation
Penalty
Permit
Application 66-82
Cash deposits 66-84
Fee 66-83
Required 66-81
Fire lanes, designation of 74-62
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Grades
Certain ordinances not affected by Code 1-10(a)(10)
Handbills
Throwing or distributing in public places 34-51
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
Lighting 34-206 et seq.
See: LIGHTING
Litter 34-26 et seq.
See: LITTER
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Noise
Enumeration of prohibited 34-153(4)
Numbering of buildings and property 82-366 et seq.
See: LAND DEVELOPMENT CODE
Open containers
Prohibited in motor vehicles 6-68
Parks and recreation areas 54-1 et seq.
See: PARKS AND RECREATION
Section
STREETS, SIDEWALKS AND OTHER PUB-
LIC WAYS—Cont'd.
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public service tax generally 70-26 et seq.
See: TAXATION
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Solicitors, peddlers and itinerant mer-
chants 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Solid waste generally 62-1 et seq.
See: SOLID WASTE
Transporting regulations 62-7
Street lights
Sea turtle regulations 14-57
66-64 Streets
66-69 Abandonment
66-68 Authority 66-36
66-70 Ordinance required 66-39
66-66 Petition
66-67 For action 66-37
66-63 Procedure 66-38
66-62 Civil liability for damage 66-26
66-65 Speed bumps 66-27
66-61 Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Traffic
Certain ordinances not affected by Code 1-10(a)(8)
Travel on other than streets or highways 74-1
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Trucks generally 74-26 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
Yelling, shouting, hooting, whistling, sing-
ing
SUBDIVISIONS
Beautification board generally
See: BEAUTIFICATION BOARD
Commercial development board
See: COMMERCIAL DEVELOPMENT
BOARD
Dedicating or accepting
Certain ordinances not affected by Code
Fees schedule in general. See: FEES (Ap-
pendix B)
Flood damage prevention
See: LAND DEVELOPMENT CODE
2-181 et seq.
22-26 et seq.
1-10(a)( 12)
90-26 et seq.
Supp. No. 3 CDi:38
CODE INDEX
Section
SUBDIVISIONS—Cont'd.
Impact fees generally 2-231 et seq.
See: IMPACT FEES
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
Supp. No. 3 CDi:38.1
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