HomeMy WebLinkAboutSupplement 02 SUPPLEMENT NO.2
October 1995
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. 25-95, enacted September 19, 1995.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xi—xviii xi—xviii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
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INSTRUCTION SHEET--Cont'd.
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Tallahassee, FL 32316
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TABLE OF CONTENTS
Page
Officials of the City at the Time of this Codification iii
Preface v
Adopting Ordinance ix
Checklist of Up-to-Date Pages [1]
PART I
CHARTER
Charter CHT:1
Art. I. [General Provisions] CHT:5
Art. II. General Powers CHT:7
Art. III. Elected Officers, Qualifications and Terms CHT:8
Art. IV. The Mayor, Powers and Duties CHT:9
Art. V. The City Council, Organization and Powers CHT:9
Art. VI. City Manager CHT:9
Art. VII. City Attorney CHT:10
Art. VIII. City Clerk CHT:10
Art. IX. City Tax Assessor CHT:10
Art. X. City Tax Collector CHT 10
Art. XI. City Treasurer CHT:10
Art.XII. Municipal Court CHT:11
Art. XIII. Police Department CHT:11
Art. XIV. Fire Department CHT:11
Art. XV. Public Works CHT:12
Art. XVI. Boards and Agencies CHT:12
Art. XVII. General Finance Provisions,Budget,Audit and
Purchasing CHT:13
Art. XVIII. Revenue and Taxation CHT:14
Art. XIX. Collection of Delinquent Taxes CHT:14
Art. XX. Financing Public Improvements CHT:14
Art. XXI. Elections CHT:14
Art. XXII. Abatement of Nuisances CHT:16
Art. XXIII. Extension of the Corporate Limits CHT:16
Art. XXIV. Miscellaneous CHT:16
Charter Comparative Table—Laws of Florida CHTCT:1
Charter Comparative Table—Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
Subpart A. General Ordinances CD1:1
Loof 1. General Provisions CD1:1
Supp.No. 2 xi
CAPE CANAVERAL CODE
J
Chapter Page
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:5
Div. 3. Meetings CD2:6
Art. III. Officers and Employees CD2:9
Div. 1. Generally CD2:9
Div. 2. City Manager CD2:9
Div. 3. City Clerk CD2:10
Div. 4. City Attorney CD2:10
Div. 5. City Treasurer CD2:11
Div. 6. City Engineer CD2:11
Art. IV. Boards, Committees, Commissions CD2:11
Div. 1. Generally CD2:11
Div. 2. Beautification Board CD2:11
Art. V. Finance CD2:12
Div. 1. Generally CD2:12
Div. 2. Purchasing CD2:13
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:18
Div. 1. Generally CD2:18
Div. 2. Code Enforcement Board CD2:19
3-5. Reserved CD3:1
6. Alcoholic Beverages CD6:1
Art. I. In General CD6:3
Art. II. Operation of Establishments CD6:3
Art. III. Possession and Consumption CD6:4
Div. 1. Generally CD6:4
Div. 2. Motor Vehicles CD6:4
7-9. Reserved CD7:1
10. Amusements and Entertainments CD10:1
Art. I. In General CD10:3
Art. II. Amusement Device Code CD10:3
Art. III. Outdoor Entertainment CD10:3
Div. 1. Generally CD10:3
Div. 2. Permit CD10:4
Art. IV. Adult Entertainment CD10:6
Div. 1. Generally CD10:6
Div. 2. License for Establishment CD10:13
Div. 3. Permit for Employees CD10:19
Div. 4. Operation of Establishments CD10:22
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General CD14:3
Art. II. County Animal Control Ordinance CD14:3
Supp.No.2 Xii
TABLE OF CONTENTS—Cont'd.
Cawe
Page
Chapter Pa g
Art. III. Sea Turtles CD14:3
15. Reserved CD 15:1
16. Businesses CD16:1
Art. I. In General CD 16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production Per-
mits CD16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD 19:1
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
L30. 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. N. 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
Lise, Art. IV. Fireworks CD38:7
Art. V. Hazardous Materials and Substances CD38:8
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CAPE CANAVERAL CODE
Page
Chapter `tet
P
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 CD54:3
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.2 xiV
TABLE OF CONTENTS—Cont'd.
Lirof
Chapter Page
71-73. Reserved CD71:1
74. Traffic and Vehicles CD74:1
Art. I. In General CD74:3
Art. II. Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75:1
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and Connections CD78:11
Subdiv. III.Discharges CD78:13
Subdiv. IV. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates, Deposits and Billing ProceduresCD78:23
Art. N. Reclaimed Water CD78:25
Div. 1. Generally CD78:25
Div. 2. Installation and Inspection of the Reclaimed
Lipie
Water System CD78:26
79. Reserved CD79:1
80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Necessity,
License CD80:4
Art. III. Driver's Permit CD80:5
Art. N. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. In General CD82:5
Art. II. Building Code CD82:5
Art. III. Unsafe Building Abatement Code CD82:7
Art. IV. Coastal Construction Code CD82:7
Art. V. Electrical Code CD82:13
Art. VI. Plumbing Code CD82:13
Art. VII. Gas Code CD82:14
Art. VIII. Mechanical Code CD82:16
Art. IX. Solar Energy Standards CD82:17
Art. X. Swimming Pool Code CD82:17
Art. XI. Housing Code CD82:18
Art. XII. Excavation and Grading Code CD82:18
‘1111re" Art. XIII. Threshold Buildings CD82:21
Div. 1. Generally CD82:21
Supp.No. 2 xv
CAPE CANAVERAL CODE
Chapter Page
Div. 2. Special Inspector CD82:22
Art. XIV.' Numbering of Buildings and Property CD82:23
83-85. Reserved CD83:1
86. Concurrency Management System CD86:1
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:3
Art. II. Flood Damage Prevention CD90:3
Div. 1. Generally CD90:3
Div. 2. Administration CD90:7
Div. 3. Flood Hazard Reduction CD90:10
Art. III. Floodplain Protection CD90:15
Art. IV. Stormwater Management CD90:17
Div. 1. Generally CD90:17
Div. 2. Permit CD90:20
Div. 3. Performance Standards CD90:22
Div. 4. Design Standards CD90:24
Div. 5. Maintenance CD90:26
91-93. Reserved CD91:1
94. Signs CD94:1
Art. I. In General CD94:3
Art. II. Permits and Inspection CD94:7
Art. III. Size, Location and Construction CD94:8
Div. 1. Generally CD94:8
Div. 2. Types of Signs CD94:9
Div. 3. District Regulations CD94:12
95-97. Reserved CD95:1
98. Subdivisions CD98:1
Art. I. In General CD98:3
Art. II. Plats CD98:7
Div. 1. Generally CD98:7
Div. 2. Preapplication CD98:8
Div. 3. Preliminary Plat CD98:8
Div. 4. Final Plat CD98:11
Art. III. Construction CD98:13
Div. 1. Generally CD98:13
Div. 2. Permit CD98:13
Div. 3. Inspections; Certificate of Completion CD98:14
Art. IV. Improvements CD98:15
Div. 1. Generally CD98:15
Div. 2. Design Standards CD98:18
99-101. Reserved CD99:1
102. Vegetation CD102:1
Art. I. In General CD102:3
Supp.No.2 xvi
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
LINP' 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
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 DistrictCD110:34
Div. 4. R-3 Medium Density Residential DistrictCD110:36
Div. 5. C-1 Low Density Commercial District CD110:38
Div. 6. M-1 Light Industrial and Research and De-
velopment District CD110:41
Div. 7. Townhouses CD110:44
Art. VIII. Residential Planned Unit Developments CD110:46
Div. 1. Generally CD110:46
Div. 2. Development Plans CD110:49
Div. 3. Land Use Regulations CD110:56
Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
Div. 2. Offstreet Parking CD110:62
Div. 3. Offstreet Loading CD110:64
Div. 4. Home Occupations CD110:64
Div. 5. Setbacks CD110:65
Div. 6. Vehicles and Vessels CD110:67
L Div. 7. Landscaping and Vegetation CD110:69
Div. 8. Swimming Pools CD110:71
Supp.No. 2 xvii
CAPE CANAVERAL CODE
3
Appendix Page
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
3
3
Supp.No. 2 xviii
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CHTi:5 OC
CDi:1, CDi:2 1
CDi:3, CDi:4 2
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CDi:6.1 2
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(11110009.-
Chapter 2
ADMINISTRATION*
Article I. In General
Secs. 2-1-2-25. Reserved.
Article II. City Council
Division 1. Generally
Sec. 2-26. Elections.
Sec. 2-27. Uncontested elections.
Secs. 2-28-2-40. Reserved.
Division 2. Compensation
Sec. 2-41. Established for councilmembers other than mayor.
Sec. 2-42. Established for mayor.
Secs. 2-43-2-55. Reserved.
Division 3. Meetings
Sec. 2-56. Regular meetings.
Sec. 2-57. Special meetings.
Sec. 2-58. Workshop meetings.
Lire Sec. 2-59. Preparation of ordinances and resolutions prior to meeting.
Sec. 2-60. Preparation and notice of agenda.
Sec. 2-61. Parliamentary procedure.
Sec. 2-62. Presiding officer.
Sec. 2-63. Sergeant at arms.
Sec. 2-64. Call to order;quorum;roll call.
Sec. 2-65. Minutes.
Sec. 2-66. Consideration of matters before council.
Sec. 2-67. Adoption of motion.
Sec. 2-68. General discussion.
Sec. 2-69. Adjournment.
Secs. 2-70-2-90. Reserved.
Article III. Officers and Employees
Division 1. Generally
Secs. 2-91-2-100. Reserved.
Division 2. City Manager
Sec. 2-101. Powers and duties.
Sec. 2-102. Deputy city manager.
Secs. 2-103-2-115. Reserved.
Division 3. City Clerk
Sec. 2-116. Duties.
Lie *Cross references-Administration of the flood damage prevention requirements, § 90-46 et seq.; administration and
enforcement of the zoning regulations, § 110-86 et seq.
Supp.No. 2 CD2:1
CAPE CANAVERAL CODE
Secs. 2-117-2-125. Reserved.
Division 4. City Attorney
Sec. 2-126. Duties.
Sec. 2-127. Attendance at council meetings.
Secs. 2-128-2-140. Reserved.
Division 5. City Treasurer
Sec. 2-141. Duties.
Secs. 2-142-2-150. Reserved.
Division 6. City Engineer
Sec. 2-151. Duties.
Secs. 2-152-2-170. Reserved.
Article IV. Boards,Committees,Commissions
Division 1. Generally
Secs. 2-171-2-180. Reserved.
Division 2. Beautification Board
Sec. 2-181. Established,membership,terms,qualifications.
Sec. 2-182. Meetings;bylaws;officers.
Sec. 2-183. Absence from meetings.
Sec. 2-184. Duties.
Sec. 2-185. Coordination with planning and zoning board.
Sec. 2-186. Indebtedness.
Secs. 2-187-2-205. Reserved.
Article V. Finance
Division 1. Generally
Sec. 2-206. Quarterly report of income and expenditures.
Secs. 2-207-2-215. Reserved.
Division 2. Purchasing
Sec. 2-216. Definitions.
Sec. 2-217. Purpose.
Sec. 2-218. Procedure.
Sec. 2-219. Open market purchase procedures.
Sec. 2-220. Sole source.
Sec. 2-221. Emergency purchase.
Sec. 2-222. Cooperative purchasing.
Sec. 2-223. Prohibition against subdivision.
Sec. 2-224. Blanket purchase orders.
Sec. 2-225. Availability of funds.
Sec. 2-226. Prohibition of interest.
Secs. 2-227-2-230. Reserved.
Supp.No.2 CD2:2
ADMINISTRATION
Lire
Division 3. Impact Fees
Sec. 2-231. Levy and purpose.
Sec. 2-232. Exemptions.
Sec. 2-233. Schedule.
Sec. 2-234. Payment.
Sec. 2-235. Partial waiver authorized.
Sec. 2-236. Capital expansion trust funds.
Sec. 2-237. Capital expansion plans.
Secs. 2-238-2-245. Reserved.
Article VI. Code Enforcement
Division 1. Generally
Secs. 2-246-2-255. Reserved.
Division 2. Code Enforcement Board
Sec. 2-256. Created.
Sec. 2-257. Membership.
Sec. 2-258. Duties;responsibilities;powers.
Sec. 2-259. Prosecution of violations with no criminal penalty
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Supp.No.2 CD2:3
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J
ADMINISTRATION §2-55
cire
ARTICLE I. IN GENERAL for an election which includes city council posi-
tions resulting from vacancies of unexpired terms
Secs. 2-1-2-25. Reserved. does not exceed the number of positions to be
filled by the election, each candidate shall file
with the city clerk within ten days after the close
ARTICLE II. CITY COUNCIL* of the qualifying period specified in section 26-3 a
designation which specifies whether the term
sought by the candidate is a full term or unex-
DIVISION 1. GENERALLY pired term of a vacancy. If such designations by
all candidates do not produce an excess of candi-
Sec. 2-26. Elections. dates seeking full terms or vacant terms over the
All powers and duties of the city specified in the respective number of full terms or vacant terms,a
city Charter in the general laws of the state are general election shall not be held and candidates
shall take office in accordance with results of the
vested in the city council. The city council is
composed of five members who are elected at designations. If a candidate fails to make the
large by the registered electors of the city. Two designation in the time above stated, the candi-
date shall be deemed to have made a designation
members are elected each year to three-year
terms, except on every third year only one mem- for a full term.
ber, who is also the mayor, is elected to a three- (Ord. No. 35-93, § 2(231.02), 10-19-93)
year term. Further, should any general election
include the election of a council person due to a Sec. 2-28. Reserved.
vacancy in that office pursuant to article III, Editor's note—Ordinance No. 1-95,§1,adopted February
section 4,of the Charter,then the unexpired term 21, 1995 repealed section 2-28 in its entirety. Formerly, such
Lise' shall be filled by the candidate receiving the third
greatest number of votes, or the second greatest section pertained to councilmembers' areas of interest and
derived from§27.108 of the 1981 Code and Ord.No.39-93,§
number of votes in third year elections involving 2, 10-19-93.
only the mayor. Should more than one vacancy be
filled at the election, then those receiving the 'Secs. 2-29-2-40. Reserved.
greatest number of votes shall be declared elected
for the longest terms.
(Code 1981, § 231.01; Ord. No. 35-93, § 1(231.01), DIVISION 2. COMPENSATIONt
10-19-93)
Charter references—City council compensation,art. III,
§ 3;city council vacancies,art.III, §4. Sec. 2-41. Established for councilmembers
Cross reference—Elections,ch. 26. other than mayor.
Sec. 2-27. Uncontested elections. The compensation for the members of the city
council other than the mayor shall be $2,400.00
If the number of candidates qualifying for an per year.
election which does not include city council poli- (Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94)
tions resulting from vacancies of unexpired terms
does not exceed the number of positions to be
filled by the election, a general election shall not Sec. 2-42. Established for mayor.
be held and each candidate shall take office for a The compensation for the mayor shall be
full term. If the number of candidates qualifying
$3,200.00 per year.
*Charter references—City council, qualifications and (Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94)
terms,filling of vacancies, art. III; mayor,art. IV.
Cross reference—The mayor or city manager in the case
of the absence of the mayor,or any available councilmember in Secs. 2-43-2-55. Reserved.
Lie the absence of the mayor and city manager, may declare a
state of emergency, § 18-2. tCharter reference—Compensation, art.III, §3.
Supp.No. 2 CD2:5
§2-56 CAPE CANAVERAL CODE
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DIVISION 3. MEETINGS* no other business shall be enacted at that
meeting. If, after reasonable diligence,it is
Sec. 2-56. Regular meetings. impossible to give notice to each
councilmember,such failure shall not affect
The city council shall hold regular meetings on the legality of the meeting.
the first and third Tuesday of each month at 7:00 (b) All special meetings shall be held in the city
p.m. When the day fixed for any regular meeting hall or such other place as designated by a major-
falls upon a day designated by law as a legal ity of the council in open session and shall be open
national holiday, such meeting shall be held on to the public and the press.
the next succeeding day not a holiday. Regular
meetings may be otherwise postponed, canceled (Code 1981, § 271.03)
or rescheduled only by motion adopted at a regu- Sec. 2-58. Workshop meetings.
lar meeting by a majority vote of the city council.
All regular meetings shall be held in the city hall Members of the city council will meet on the
annex or such other place as designated by a Thursday prior to each regular meeting at 7:00
majority of the council in open session. p.m.to informally discuss matters relating to city
(Code 1981, § 271.02; Ord. No. 24-93, § 1(271.02), business, including matters to be placed on the
8-17-93) agenda for the succeeding city council meetings.
Workshop meetings may be canceled by a notice
Sec. 2-57. Special meetings. served on the city clerk in writing and signed by a
majority of the councilmembers 24 hours prior to
(a) A special meeting of the city council may be the scheduled commencement of the workshop
initiated by any of the following means: meeting. Workshop meetings shall be held in the
(1) By an affirmative vote of a majority of the city hall annex and shall be open to the public and
city council pursuant to the Charter,art.V, press.Notice of workshop meetings shall be posted
§ 1. 24 hours in advance at the city hall. Minutes of
the workshop meeting shall be prepared and
(2) By serving the city clerk notice in writing distributed to councilmembers.
and signed by a majority of the city council. (Code 1981, §271.04; Ord. No. 23-93, § 1(271.04),
The clerk shall forthwith give verbal or 8-17-93)
written notice to each member of the coun-
cil, stating the date and hour of the meet-
ing and the purpose for which such meet-
ing is called,and no other business shall be
enacted at that meeting. The clerk in the
notice of a special meeting initiated in this
manner shall allow at least 24 hours to
elapse between the call of the meeting and
the date and hour of the meeting.
(3) By verbal notice to the city clerk or the city
manager by a majority of the city council
whenever an emergency exists which re-
quires immediate action by the council.
The clerk shall forthwith attempt to give
notice to each member of the council stat-
ing the hour of the meeting and the pur-
pose for which such meeting is called, and
*Charter references—Meetings, art. V, § 1; rules of
procedure,art.V,§2.
State law reference—Public meetings,F.S.ch.286.
Supp.No. 2 CD2:6
EMERGENCY SERVICES §30-49
'
Sec. 30-32. Telephone alarm devices. provided in the application. Upon such amend-
ment,a new alarm permit shall be issued without
Telephone alarm devices will be so constructed charge or fee.
or installed as to not seize or otherwise hold or (Code 1981, § 654.11)
preempt the telephone lines of the law enforce-
ment or fire department. Sec. 30-48. Term; fee; transferability.
(Code 1981, § 654.19)
(a) Alarm permits issued for the following uses
Secs. 30-33-30-45. Reserved. shall have the following uses and shall have the
following terms:
(1) Single family residential—No time limit
DIVISION 2. PERMIT subject, however, to the amended applica-
tion procedures required in section 30-
Sec. 30-46. Required. 47(b).
(a) No person shall install or operate an alarm (2) Multifamily residential, commercial and
system serving a premises or a building or portion industrial—One year for date of issuance.
thereof unless an alarm permit has been issued Such term to begin October 1 and end
and is in force, authorizing the use of such alarm. September 30. Any alarm permit issued
after October 1 will be valid through Sep-
(b) Any after-the-fact permit issued to a person tember 30.
who initially failed to obtain a permit shall be (b) A fee as set forth appendix B to the Code
issued at twice the cost of the permit fee. shall be charged to the alarm user by the city for
(Code 1981, § 654.09) each permit issued, including successive renewal
permits, if any, to defray the cost of regulation.
Sec. 30-47. Application.
(c) Any alarm permit issued pursuant to this
(a) Application for an alarm permit shall be division shall not be transferable or assignable
made to the city on forms provided by the city.The and shall cover only one building or premises.
application shall be signed by the alarm user and (Code 1981,§654.13;Ord.No. 15-95,§ 1,8-15-95)
shall provide the following information:
(1) The name, address and telephone number Sec. 30-49. Issuance.
of the alarm user. An alarm permit shall be issued to the alarm
(2) Address and telephone number of the alarm user by the city within ten days after receipt of
user's premises or building to be served by the completed application by the city. An alarm
the alarm. permit shall be denied if:
(3) The name, address and telephone number (1) The requested information is not supplied
of the person in charge of the premises or on the application.
building served by the alarm. (2) Material information on the application is
(4) The name, address and telephone number incorrect.
of the person installing the alarm. (3) Any person listed on the application under
(5) The name, address and telephone number section 30-47(a)(4), (5) and (6) does not
of the person monitoring the alarm. possess any required occupational or regu-
latory license to conduct the activities re-
(6) The name, address and telephone number quired by section 30-47(a)(4), (5) and (6),
of the person providing maintenance and unless the person is the alarm user.
repair service to the alarm. (Code 1981, § 654.15)
(111imoe (b) An amended application shall be filed within
ten days after any change in the information
Supp.No. 2 CD30:5
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Chapter 34
ENVIRONMENT*
Article I. In General
Secs. 34-1-34-25. Reserved.
Article II. Litter
Division 1. Generally
Sec. 34-26. Definitions.
Sec. 34-27. Penalty.
Sec. 34-28. Unlawful disposal.
Sec. 34-29. Litter in public places.
Sec. 34-30. Placement in receptacles.
Sec. 34-31. Sweeping into gutters prohibited.
Sec. 34-32. Merchant's duty to keep sidewalks free of litter.
Sec. 34-33. Throwing by person in vehicle.
Sec. 34-34. Truck loads.
Sec. 34-35. Dropping from aircraft.
Sec. 34-36. Throwing in river or other body of water.
Sec. 34-37. Depositing on occupied private property.
Sec. 34-38. Owner's maintenance of premises.
Sec. 34-39. Depositing on vacant lots.
Sec. 34-40. Posting notices prohibited.
Sec. 34-41. Burial of trash,rubble or other debris.
Secs. 34-42-34-50. Reserved.
Division 2. Handbills
Sec. 34-51. Throwing or distributing in public places.
Sec. 34-52. Placing on vehicles.
Sec. 34-53. Depositing on uninhabited or vacant premises.
Sec. 34-54. Distribution prohibited where properly posted.
Sec. 34-55. Distribution at inhabited private premises.
Secs. 34-56-34-65. Reserved.
Division 3. Abatement
Sec. 34-66. Complaints;reports.
Sec. 34-67. Notice and order for removal from private property.
Sec. 34-68. Failure to comply with notice and order.
Sec. 34-69. Waiver of rights by property owner;removal at city's costs.
Secs. 34-70-34-90. Reserved.
Article III. Property Maintenance Standards
Sec. 34-91. Definitions.
Sec. 34-92. Authority.
Sec. 34-93. Scope.
Sec. 34-94. Purpose.
Sec. 34-95. Enforcement.
*Cross references-Regulations regarding sea turtles,§ 14-51 et seq.;planning,ch.58;solid waste,ch.62;streets,sidewalks
and other public places,ch.66;traffic and vehicles,ch.74;utilities,ch.78;buildings and building regulations,ch. 82;vegetation,
ch. 102;waterways,ch. 106;zoning,ch. 110;landscaping and vegetation, § 110-566.
Supp.No. 2 CD34:1
CAPE CANAVERAL CODE
Sec. 34-96. Standards established.
j
Sec. 34-97. Duties and responsibilities for maintenance.
Sec. 34-98. Building appearance and maintenance.
Sec. 34-99. Landscape appearance and maintenance.
Sec. 34-100. Sign appearance and maintenance.
Secs. 34-101-34-120. Reserved.
Article IV. Weeds and Dead Vegetation
Sec. 34-121. Intent.
Sec. 34-122. Public nuisances prohibited.
Sec. 34-123. Notice to remedy nuisance.
Sec. 34-124. Reserved.
Sec. 34-125. Reserved.
Sec. 34-126. Remedy by city.
Sec. 34-127. Records.
Secs. 34-128-34-150. Reserved.
Article V. Noise
Sec. 34-151. Declaration of policy to prohibit noise.
Sec. 34-152. Penalties.
Sec. 34-153. Enumeration of prohibited noises.
Sec. 34-154. Construction noise.
Secs. 34-155-34-175. Reserved.
Article VI. Abandoned Property
Sec. 34-176. Definitions.
Sec. 34-177. Entry upon private property authorized.
Sec. 34-178. Penalty.
Sec. 34-179. Additional remedies.
Sec. 34-180. Property abandoned or lost on public property.
Sec. 34-181. Storing,parking or leaving on private property.
Sec. 34-182. Notice to abate.
Sec. 34-183. Code enforcement board hearing procedures.
Sec. 34-184. Compliance with notice or order to remove;removal by city upon
noncompliance.
Sec. 34-185. Notification of owner following removal by city.
Sec. 34-186. Disposition of property removed by city.
Sec. 34-187. Redemption prior to sale by city.
Sec. 34-188. Liability of owner for towing,storage expenses;collection of lien
on private property.
Secs. 34-189-34-205. Reserved.
Article VII. Lights
Sec. 34-206. Definitions.
Sec. 34-207. Policy established.
Sec. 34-208. Penalty.
Sec. 34-209. Spillover lighting standards established.
Sec. 34-210. Exceptions.
Sec. 34-211. Method of measurement.
Supp.No.2 CD34:2
ENVIRONMENT §34-122
Lare
Sec. 34-100. Sign appearance and mainte- ARTICLE N. WEEDS AND DEAD
nance. VEGETATION*
(a) All signs exposed to public view permitted
by chapter 94 pertaining to signs shall be main- Sec. 34-121. Intent.
tained in good repair. Any signs which have
excessively weathered or faded or those upon The presence of weeds, brush and rank vegeta-
which the paint has excessively peeled or cracked tion (excluding: shade trees, ornamental shrubs,
shall,with their supporting members,be removed fruit trees, domesticated berry bushes and vines,
or put into a good state of repair.All nonoperative cover crops, domesticated grains and plantings
or broken electrical signs shall be repaired or and cultivated wild flowers) on all properties in
city are a menace to the public safety,health and
shall, with their supporting members, be re-
moved. welfare as they:
(1) Cause a fire hazard;
(b) Any awning or marquee and its accompa-
nying structural members shall be maintained in (2) Furnish cover for prowlers;
good repair and shall not constitute a nuisance or (3) Obstruct visibility as street intersections;
a safety hazard. If such awnings or marquees are (4) Furnish a potential harborage or breeding
not properly maintained in accordance with this place for disease-carrying insects,
subsection, they shall, together with their sup- arthropods,animals and poisonous snakes;
porting members, be removed. If the awnings or and
marquees are made of fire resistant cloth, metal
or plastic, the cloth, metal or plastic shall be (5) May adversely affect and impair the eco
maintained in good condition and shall not show nomic welfare of adjacent property.
Lere evidence of excessive weathering, discoloration, (Code 1981,§ 703.01;Ord.No. 10-95, § 1,8-15-95)
ripping, tearing or holes.
(c) Wall and ground signs shall be part of the Sec. 34-122. Public nuisances prohibited.
architectural concept. Size, color, lettering, 4-122. PubAll and arrangement shall be harmonious with yards on improved
the building design and shall be compatible with property shall be properly maintained in a neat
signs on adjoining buildings. and attractive manner and kept free of dead
plants, refuse, debris and shall be maintained
(d) Identification signs and business signs shall further in a manner such that grass, weeds and
conform to the building design and surrounding other rank vegetation shall not exceed six inches
landscape. in height.
(e) Materials in signs shall have good architec- (b) All unimproved property in the city shall be
tural character and shall be harmonious with maintained in a manner such that weeds and
building design and surrounding landscape. rank vegetation shall not exceed 12 inches in
height provided, however, that with respect to
(f) Every sign shall have good scale in its property or portions of property containing wild
design and in its visual relationship to buildings lands in their native state,not previously cleared,
and surroundings. such as a natural hammock, this height limita-
tion shall apply only to the first 15 feet of such
(g) Lighting of signs shall be harmonious with lands abutting a public street or right-of-way,
the design and in accordance with section 94-63. unless such lands constitute an approved buffer
(Code 1981, § 652.19) zone under the code of the city.
Cross reference—Signs,ch. 94. (Ord. No. 10-95, § 2, 8-15-95)
Lisse *Cross references—Code enforcement, ch. 2, art. VI;
Secs. 34-101- 4-120. Reserved. vegetation,ch. 102.
Supp.No. 2 CD34:11
§34-123 CAPE CANAVERAL CODE
Sec. 34-123. Notice to remedy nuisance. (b) After causing the condition to be remedied,
J
(a) If the code enforcement officer finds and the building official shall certify to the city trea-
determines that a public nuisance as described surer the expense incurred in remedying the
and declared in section 34-122 exists, he shall condition and shall include a copy of the notice
notifythe owner of record of the offendingprop-
within whereupon such expense shall become payable
p within 30 days. After the 30 days, a special
erty in writing and demand that such owner assessment lien in charge will be made against
cause the condition to be remedied. The notice the property,which shall be payable with interest
shall be given by registered or certified mail,
addressed to the owner of the property described at the rate of eight percent per annum from the
as his name and address is shown upon the record
date of such certification until paid.
of the county tax appraiser and shall be deemed (c) Such liens shall be enforceable in the same
complete and sufficient when so addressed and manner as a tax lien in favor of the city and may
deposited in the United States mail with proper be satisfied at any time of payment thereof, in-
postage prepaid. If such notice is returned by cluding accrued interest.Upon such payment,the
postal authorities, the code enforcement officer clerk of the circuit court shall, by appropriate
shall cause a copy of the notice to be served by a means,evidence the satisfaction and cancellation
law enforcement officer upon the occupant of the of such lien upon the record thereof and notify the
property or upon any agent of the owner thereof. tax collector of such satisfaction. Notice of such
If personal service upon the occupant of the lien may be filed in the office of the clerk of the
property or upon any agent of the owner cannot circuit court and recorded among the public records
be performed after reasonable search by a law of the county
enforcement officer, the notice shall be accom- (Code 1981,§703.11;Ord.No. 10-95,§5,8-15-95)
plished by physical posting on the property.
(b) The notice shall be in substantially the Sec. 34-127. Records.
form which is on file in the city clerk's office. The city treasurer shall keep complete records
(Code 1981, §§ 703.05, 703.06) relating to the amount payable on liens described
in section 34-126, and the amounts of such liens
Sec. 34-124. Reserved. shall be included in tax statements for ad valorem
Editor's note—Ordinance No. 10-95,§3,adopted August taxes thereafter submitted to the owners of lands
15, 1995,deleted and repealed section 34-124 in its entirety.
Formerly,such section pertained to hearing and derived from
§703.07 of the 1981 Code.
Sec. 34-125. Reserved.
Editor's note—Ordinance No. 10-95,§4,adopted August
15, 1995,deleted and repealed section 34-125 in its entirety.
Formerly,such section pertained to appeal and derived from§
703.09 of the 1981 Code.
Sec. 34-126. Remedy by the city.
(a) Upon failure,neglect or refusal of any owner
or agent notified as provided in this article to cut,
destroy or remove weeds,grass,trash,rubbish or
other matters as required under the notice pro-
vided in section 34-123, within ten days upon
receipt of the notice, the city may, in addition to
other penalties provided for in this Code, pay for
the cutting, destroying or removing of such mate-
rial or effect the removal by the city.
Supp.No. 2 CD34:12
FIRE PREVENTION AND PROTECTION §38-2
Lisre'
ARTICLE I. IN GENERAL c. 1,250 gallons per
minute 35.00
Sec. 38-1. Penalty. d. 1,500 gallons per
minute 40.00
Any person who shall violate any of the sections e. 1,750 gallons per
of this chapter or who shall fail to comply with minute 45.00
this chapter or who shall violate or fail to comply f. 2,000 gallons per
with any order or regulation made under this minute and over 50.00
chapter or who shall build in violation of any
detailed statement or specifications or plans sub- (3) Fire detection and annun-
mitted and approved under this chapter or any ciation systems:
certificate or permit issued under this chapter a. Main control panel 25.00
shall, for each and every such violation and non- b. Remote control or an-
compliance,respectively,be punished as provided nunciation panel 10.00
in section 1-15. c. Detector heads—ion,
(Code 1981, §§ 621.07, 626.05, 629.05)
photoelectric, heat,
etc., each 5.00
Sec. 38-2. Fire safety fees. d. Manual activation
In order to defray the costs of inspection and
stations 5.00
enforcement of its fire safety code in the construc- e. Annunciation sta-
tion and maintenance of buildings within the city, tions—horns, bells,
the city adopts the following fees: buzzer, strobes, etc.,
Lre each 5.00
(a) A fee in the amount of$0.025 per square f. Flow or tamper
foot shall be levied on all new construction, switches 5.00
alterations, or additions in the city, except Phone stations 5.00
for one-and two-family residences.This fee g'
shall encompass plan review and necessary (4) Fixed fire suppression sys-
fire inspections required prior to the issu- tems (Halon, wet/dry
ance of a certificate of occupancy. This fee chemical system, etc.):
shall be payable at the same time and in a. Cylinder and two
the same manner as building permit fees. heads 25.00
(b) The following permit fees for fire protection b. Each additional head 1.00
systems are required and shall be paid at c. Each additional cyl-
the same time and in the same manner as inder 15.00
building permit fees: d. Control panel 25.00
(1) Standpipe and sprinkler systems: e. Detector head 1.00
a. First 12 heads $ 15.00 (5) Hazardous materials:
b. Each additional head 1.00 a. Storage, handling,
c. Siamese connections 10.50 transportation, man-
d. Hose cabinet 15.50 ufacturing or use of
(2) Fire pumps and control- flammable materials,
application of flam-
ler: mable finishing,
a. 750 gallons per spraying, clip tanks,
minute 25.00 etc. 25.00
thkasse b. 1,000 gallons per b. Storage of flammable
minute 30.00 materials, com-
Supp.No. 2 CD38:3
§35-2 CAPE CANAVERAL CODE
,....)
pressed gases; LP, tional fee equal to 50 percent of the amounts
natural acetylene,etc. 25.00 specified in subsections(a)and(b)shall be
c. Flammable liquids: payable. In the event reinspection(s) of an
1. Classes 1, 2 and improvement are required due to a fire
3,under 100 gal- safety code violation, incompletion of work
lons 25.00 at a time scheduled for inspection, devia-
tion from an approved plan or other cause,
Ions 50.00 the first reinspection shall be performed at
no charge, the second reinspection shall
3. 500 gallons and require payment of a $50.00 fee and each
over 100.00 subsequent reinspection shall require pay-
d. Explosive materials: ment of a $100.00 fee.
1. Storage, han- (d) Whenever a periodic inspection is required
dling, manufac- by law or ordinance or when any person
turing,etc.of ex- requests a periodic inspection of a fire
plosives , safety system, the following fees shall ap-
ammunition and ply:
blasting agents . 50.00
2. Fireworks , (1) Annual inspections:
classes B and C. 50.00 a. Multifamily:
3. Discharge of fire- Three to 24 units .. . $ 25.00
works, per event 25.00 25 to 38 units 35.00
4. Compressed 39 units and over 45.00
gases, nonflam- b. Nonresidential, in-
mable cryogenic cludes all retail, of-
liquids 25.00 fice, industrial and
5. Dust explosion residential structures
hazards, opera- that are required to
tions which pro- have occupational li-
duce hazardous censes per section
materials, 40 110-521:
CFR Part 355, First 1,000 square
Appendices A and feet 25.00
B 25.00 Each additional 1,000
6. Storage of report- square feet 1.75
able quantities of c. Tents, canopies and
spills as specified temporary structures 25.00
by CAS number,
each item 1.00 (2) Annual inspection of fire
7. Plan review of suppression,detection and
storage site, per annunciation systems:
square foot .025 a. Fire protection sys-
tems 25.00
(c) The minimum fee for the activities speci-
b. Fire detection sys-
fied in subsections (a) and (b) above shall tems 25.00
be$25.00.In the event a change of building
plans requires additional plan review and/or c. Fire annunciation
necessary fire inspections prior to the issu- systems 25.00
ance of a certificate of occupancy, an addi- d. Fire pump 25.00
,.....0)
Supp.No.2 CD38:4
FIRE PREVENTION AND PROTECTION §38-25
Loo"
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.
(4) Individuals or entities sharing one of- (Ord. No. 22-94, § 1, 9-6-94)
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
(fl Any organization which qualifies for exemp- permit shall be issued and no hookup shall occur
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
Loof 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-
pensing of flammable materials (a) Each smoke detector installed in any struc-
and liquids. ture within the city which utilizes electric current
provided by electric wiring connected to the struc-
Except as provided in this section, it shall be ture's main electrical system as a primary energy
unlawful for any person to store more than 15 source shall contain a battery-powered alterna-
gallons of gasoline,kerosene or diesel fuel, except tive energy source.
such greater amounts as are normally stored in
the fuel tanks of motor vehicles in any residential (b) This section shall apply to smoke detectors
area of the city. The provisions of this section installed after September 1, 1994.
shall not apply to above-ground liquid petroleum, (Ord. No. 22-94, § 4, 9-6-94)
central gas distribution systems for mobile home
Loy parks, as defined in section 110-1,in existence on Secs. 38-8-38-25. Reserved.
Supp.No. 2 CD38:5
§38-26 CAPE CANAVERAL CODE
j
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.;e ectri-
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. Sec. 38-32. Lockboxes required.
(Code 1981, § 629.03)
(a) Lockboxes are required on structures that
Sec. 38-28. Life Safety Code—Adopted. are required to have fire department alarm sys-
tems and on multi-family residences having en-
The Life Safety Code, 1994 edition, published closed common areas to which the fire depart-
by the National Fire Protection Association, is ment, in an emergency, may need to gain access.
adopted by reference as though it were copied in The public safety keybox system shall contain
this article in full. keys for elevator return and door opening, eleva-
(Code 1981, §626.01; Ord. No. 12-94, § 1(626.01), tor rooms, fire alarm box room, electrical rooms
4-5-94; Ord. No. 25-95, § 1, 9-19-95) and any other keys necessary for the fire depart-
Cross references—Unsafe building abatement code, § ment to gain access to common areas or through
82-56 et seq.;housing code,§82-271 et seq. common areas to individual units. The keybox
system shall not require keys of individual units.
Sec. 38-29. Same—Fire inspector.
(b) The keybox system may be surface mounted
Whenever the term "authority having jurisdic- or flush mounted in an easily accessible location,
tion" or "official" is used in the code adopted in and the fire department shall maintain posses-
section 38-28, it shall be construed to mean the sion of the only key. If locks are changed in any of
fire inspector of the city or its authorized repre- the rooms mentioned in subsection (a) of this
sentative as outlined in Florida Statutes. section, the fire department shall be notified im-
(Code 1981, §626.03; Ord. No. 12-94, §2(626.03), mediately. All keybox systems must be approved
4-5-94) by the fire chief.
(Code 1981, § 621.03)
Sec. 38-30. Standard Fire Prevention Code— Secs. 38-33-38-55. Reserved.
Adopted.
The Standard Fire Prevention Code, 1994 edi-
tion, published by the Southern Building Code
*Cross reference—Code enforcement,§2-246 et seq.
State law references—Mandatory uniform fire safety
standards,F.S.§633.022;minimum fire safety standards,F.S.
§633.025.
Supp.No. 2 CD38:6
Chapter 54
PARKS AND RECREATION*
Article I. In General
Sec. 54-1. Glass containers prohibited.
Secs. 54-2--54-25. Reserved.
Article IL 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
conditions.
Sec. 54-52. Designation of areas of regulated water activities.
L
Sec. 54-53. Procedure for designating additional areas of regulated water iste
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,§
1111111,1 110-476.
Supp.No. 2 CD54:1
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PARKS AND RECREATION §54-46
Lire
ARTICLE I. IN GENERAL member.The next appointed alternate board mem-
ber shall be designated as the second alternate
Sec. 54-1. Glass containers prohibited. board member.
It shall be unlawful for any person to take onto (fl In the absence of a regular board member
a city park or ocean beach or to have in his from an official board meeting, the first alternate
possession on a city park or dune crossover any board member shall assume all duties of the
glass bottle, drinking glass or other glass con- absent regular member, including the right to
tainer. vote on any matter before the board. If two or
(Code 1981, § 606.05) more regular board members are absent from a
Cross reference—Waterways,ch. 106. board meeting,the second alternate member shall
assume all the duties of an absent regular mem-
Secs. 54-2-54-25. Reserved. 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-
(a) There is created a recreation board to con- tars before the board at that meeting.
sist of seven members and two alternate mem-
(Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94)
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
Lirie 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-
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 an- matters pertaining to public parks and recreation
nually at its regular meeting in November. and shall serve in such other similar matters as
(c) Each board member shall be a resident of the council may direct.
the city for at least 12 months immediately pre- (Code 1981, § 255.02)
ceding appointment.Each board member shall be Sec. 54-29. Indebtedness.
a registered voter.
The recreation board shall not incur any debts
(d) The two alternates shall be restricted from or enter into any contracts or obligations which
voting, except as specified in subsection(f)of this would be enforceable against the city,unless prior
section. approval has been obtained from the city council.
(e) The two alternate members shall, when (Code 1981, § 251.05)
appointed by the city council, be designated as Secs. 54-30-54-45. Reserved.
first and second alternate members.At such time
as the first alternate member loses his alternate ARTICLE III. VESSEL CONTROL AND
status by leaving the board or by appointment as WATER SAFETY
a regular board member,the first alternate board
member shall be the alternate board member Sec. 54-46. Purpose and findings.
with the longer service as an alternate board (a) The purpose of this article shall be to pro-
*Cross reference—Boards, committees, commissions, § mote safety in and between boating, swimming
2-171 et seq. and other water related activities in the city.
Supp.No. 2 CD54:3
§54-46 CAPE CANAVERAL CODE
(b) The city does hereby declare that the public Sec. 54-50. Careful and prudent operation
health, safety and welfare of the citizens of the required.
city and others requires designation of specific Every person operating any vessel in or under
areas within which the operation of vessels may
be regulated or prohibited. any waters within the area of enforcement as set
(Ord. No. 14-95, § 1, 8-15-95) forth above shall do so in a careful and prudent
manner, taking into consideration the weather
Sec. 54-47. Definitions. conditions and range of visibility, water turbu-
lence, proximities to fishermen, bathers,
For the purposes of this article, the following waterskiers, divers and other boats and water-
terms,phrases,words and derivations shall have craft,and all other attendant circumstances so as
the meaning given herein: not to endanger the life, limb or property of any
person. Failure to operate a vessel in such a
Bather means any person who is in the same careful and prudent manner shall constitute care-
body of water as a vessel,whether such person is less boating in violation of this article.
swimming,wading or engaged in any other activ- (Ord. No. 14-95, § 1, 8-15-95)
ity in the water.
Sec. 54-51. Speed not to be greater than what
Idle speed means the lowest speed at which a is reasonable under the condi-
vessel can operate and maintain steering control. tions.
Operate means to navigate or otherwise use any Nothing contained in this article shall be con-
vessel in or on the water. strued to authorize or approve any speed greater
than is reasonable and proper in consideration of
Person means any individual,partnership,firm, local conditions, other water traffic, fishermen,
corporation, association or other entity. waterskiers or bathers in the area, or other haz-
ards.
Vessel means a motor-propelled watercraft, in- (Ord. No. 14-95, § 1, 8-15-95)
cluding a personal watercraft or jet skis.
When not inconsistent with the context, words Sec. 54-52. Designation of areas of regu-
used in the present tense include the future, lated water activities.
words in the plural number include the singular All waters within 300 feet offshore from all
number, and the words in the singular number beaches and shorefront bathing areas or shoreline
include the plural number. The word "shall" is of the Banana River,whether or not so designated
always mandatory and not merely directory. with appropriate signs are hereby designated as
(Ord. No. 14-95, § 1, 8-15-95) areas of regulated water activities.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-48. Area of enforcement.
The area of enforcement of the provision of this Sec. 54-53. Procedure for designating addi-
article shall be the Atlantic Ocean and Banana tional areas of regulated water
River located within Cape Canaveral, Florida. activities.
(Ord. No. 14-95, § 1, 8-15-95) By ordinance, the city council may designate
additional specific areas as an"area of regulated
Sec. 54-49. Means of enforcement. water activities"as described in section 54-52. In
designating such areas,the city council shall hear
The provision of this article shall be enforced by all testimony presented and make a finding that
members of all duly authorized law enforcement the designation is necessary for the safety and/or
agencies within the city. welfare of the citizens of the city. Upon the adop-
(Ord. No. 14-95, § 1, 8-15-95) tion of such an ordinance, the city shall publish
Supp.No.2 CD54:4
PARKS AND RECREATION §54-55
Lise
the ordinance one time in a newspaper of general
circulation in the county after which the designa-
tion of the area shall be complete and binding.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-54. Exemptions.
(a) The provisions of this article shall not be
construed to prohibit the running of racing or
exhibition boats during a publicly announced,
properly authorized by the appropriate govern-
mental body,supervised and adequately patrolled
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-
L sion of this article, including refusal to allow a
law enforcement officer to make an inspection
under this article, shall,upon conviction,be pun-
ished according to law and shall be subject to a
fine not exceeding the sum of$500.00 or impris-
onment in the county jail for a period of not
exceeding 60 days, or both such fine and impris-
onment.
(Ord. No. 14-95, § 1, 8-15-95)
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Supp.No.2 CD54:5
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TAXATION §70-30
I
ARTICLE I. INE
G NERAL Sec. 70-29. Levied.
Secs. 70-1-70-25. Reserved. (a) There is imposed and levied by the city on
each and every purchase in the city of electric,
phone and gas utilities service (except fuel oil) a
ARTICLE II. PUBLIC SERVICE TAX* tax which is based upon the charge made by the
seller to the purchaser for such utilities service at
Sec. 70-26. Definitions. the rate of ten percent of the payments received
by the seller of the taxable item from the pur-
The following words, terms and phrases, when chaser for the purchase of such service. This
used in this article, shall have the meanings utility service tax shall be applied uniformly to
ascribed to them in this section, except where the the taxable items listed above upon which the tax
context clearly indicates a different meaning: is levied by the city.
Utilities service means electricity, metered or (b) "Taxable item" shall include, with respect
bottled gas (natural, liquefied petroleum or man- to telecommunications services, only the monthly
ufactured),water service,fuel oil and telecommu- recurring customer service charges,excluding pub-
nications services as defined in F.S. § 203.012. lic telephone charges collected on-site, access
(Code 1981, § 541.02; Ord. No. 32-93, § 1(541.01), charges, and any customer access line charges
10-5-93) paid to a local telephone company.
Cross reference—Definitions and rules of construction
generally, § 1-2. (c) Fuel oil shall be taxed at a rate of$0.04 per
gallon. If the tax contained in subsection (a) of
Sec. 70-27. Authority; findings. this section is reduced,the tax on fuel oil shall be
(a) The city is authorized by F.S. § 166.231 to reduced to bear the same proportion to $0.04
which the tax contained in subsection (a) of this
levy the utilities service tax provided by this section bears to ten percent.
article.
(b) The city finds that fuel oil is a service which (d) This public service tax shall not be applied
is competitive with electricity and metered or against any fuel adjustment charge as defined in
bottled gas and should be taxed on a comparable F.S. § 166.231(1)(b).
basis therewith. (Code 1981, § 541.02; Ord. No. 32-93, § 1(541.04),
(Code 1981, § 541.01; Ord. No. 32-93, § 1(541.02),
10-5-93; Ord. No. 4-95, § 1, 2-21-95)
10-5-93)
Sec. 70-30. Exemptions.
Sec. 70-28. Applicability.
The purchase of utilities service by the United
This article shall apply to all persons selling or States, the state, the county, the city, the school
purchasing within the limits of the city any util- board of the county, any governmental subdivi-
ities service, regardless of the place of residence sions of any of such governing bodies and any
or place of business of any such seller or pur- recognized church in this state for use exclusively
chaser, and the tax shall apply to each and every for church purposes shall be exempt from the
purchase of such utilities service in the city except taxes levied under this article. The purchase of
those specifically exempted in this article. natural gas or fuel oil by a public or private
(Code 1981, § 541.19; Ord. No. 32-93, § 1(541.03), utility, for resale or for use in the generation of
10-5-93) electricity, or the purchase of fuel oil or kerosene
for use as an aircraft engine fuel or propellant or
*Cross references—Utilities, ch. 78; electric franchise, for use in internal combustion engines is exempt
app. A, art. II; gas franchise, app. A, art. III; telephone
franchise, app.A,art.IV. from taxes levied under this article.
State law reference—Public service tax,F.S. §§ 166.231, (Code 1981, § 541.08; Ord. No. 32-93, § 1(541.05),
166.232. 10-5-93)
Supp.No. 2 CD70:3
§70-31 CAPE CANAVERAL CODE
y
Sec. 70-34. Monthly Sec. 70-31. Payment. computation.
The tax imposed in section 70-29 shall in every The tax levied in this article shall be effective
case be paid by the purchaser, for the use of the upon each and every purchase in the city of such
city, to the seller of such utilities service at the utilities service.In all cases where the seller shall
time of paying the charge for the utilities service collect the price thereof for monthly periods, the
to the seller of the utilities service, but not less monthly periods shall be computed on the basis of
often than monthly. the calendar month. However, any seller may
(Code 1981, § 541.03; Ord. No. 32-93, § 1(541.06), elect to compute the tax on the basis of a monthly
10-5-93) period other than a calendar month,if such seller
Sec. 70-32. Computation. shall file with the city treasurer a written desig-
nation of the monthly period to be used by the
In all cases where the seller of utilities service seller. Upon such designation the seller may use
shall collect the price of utilities service at monthly the monthly period so designated as the basis for
periods or periods of less than one month,the tax the computation of monthly charges. The period
levied in this article may be computed on the may be changed by such seller from time to time
aggregate amount of the sales during the period, by fixing a different monthly period. If by such
provided the tax to be collected shall be the change the period shall be lengthened or ex-
nearest whole cent to the amount computed for tended, the maximum tax for any period of less
any period of one month or less than one month in than or more than one month resulting from the
which the seller shall collect or receive payment change of period shall be computed by increasing
from the purchaser of the charges for such utili- or reducing the maximum proportionately to the
ties service. excess or fraction of a month resulting from such
(Code 1981,§ 541.04; Ord. No. 32-93, § 1(541.07), change.
10-5-93) (Code 1981, § 541.06; Ord. No.32-93, § 1(541.09),
10-5-93)
Sec. 70-33. Purchase of utilities service.
The purchase of utilities service for each dwell- Sec. 70-35. Collection.
ing,separate apartment in an apartment house or Every seller of utilities service shall collect from
duplex house or dwelling house divided into sep- the purchaser, for the use of the city, the tax
arate living apartments,hotel,roominghouse,res- levied in this article, at the time of collecting the
taurant,store,office,manufacturing plant or other selling price charged for each transaction, and
place of business, manufacture, service or resi- shall report and pay over, on or before the 15th
dence shall be considered a separate purchase for day following the end of the calendar or elective
the purpose of computing the maximum utilities month, to the city treasurer all such taxes levied
service tax to be paid for the purchases during and collected during the preceding month.
each month,regardless of the ownership,manage-
ment,control or occupancy of such dwelling,apart- (Code 1981, § 541.09; Ord. No. 32-93, § 1(541.10),
ment, store, office or other place of business, 10-5-93)
service, manufacture or residence enumerated in Sec. 70-36. Records.
this section, and the monthly purchases of utili-
ties service for each such place of dwelling or Every seller of utilities service shall keep corn-
business shall be computed separately,even though plete records showing all purchases in the city of
more than one may be owned,occupied,managed such utilities service, which records shall show
or controlled by the same person or even though the price charged upon each purchase, the date
two or more shall be serviced by a master meter. thereof and the date of payment therefor. The
The tax to be paid on master meters shall be at a records shall be kept open for inspection by the
rate of ten percent of the charge for the utilities city treasurer or any other duly authorized agent
service. of the city during all business hours on all busi-
(Code 1981,§ 541.05; Ord. No. 32-93, § 1(541.08), ness days, and the city treasurer or any duly au-
10-5-93)
\‘..)
Supp.No. 2 CD70:4
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Chapter 74
TRAFFIC AND VEHICLES*
Article I. In General
Sec. 74-1. Travel on other than streets or highways.
Secs. 74-2-74-25. Reserved.
Article II. Trucks
Sec. 74-26. Definitions.
Sec. 74-27. Applicability.
Sec. 74-28. Penalties.
Sec. 74-29. Exceptions.
Sec. 74-30. Truck routes established.
Sec. 74-31. Maps of truck routes.
Sec. 74-32. Signs for truck routes.
Secs. 74-33-74-55. Reserved.
Article III. Stopping,Standing,Parking
Sec. 74-56. State law adopted.
Sec. 74-57. Penalties.
Sec. 74-58. Authority to establish no parking zones.
Sec. 74-59. Dune parking prohibited.
Sec. 74-60. Truck parking.
(1k111100`. Sec. 74-61. Overnight parking.
Sec. 74-62. Designation of fire lanes.
Sec. 74-63. County's civil traffic infraction hearing officer program adopted.
*Cross references—Possession or consumption of alcoholic beverages while in motor vehicles,§6-66 et seq.;environment,ch.
34;litter,§34-26 et seq.;throwing litter from vehicles prohibited,§34-33;noise,§34-151 et seq.;abandoned property,§34-176 et
seq.;streets,sidewalks and other public places,ch. 66;streets,§66-26 et seq.;vehicles for hire,ch.80;concurrency management
LPle system,ch.86;visibility requirements at intersections,§ 110-469;location of recreational vehicles,camping equipment,boats and
boat trailers in certain areas of the city, § 110-551 et seq.
Supp. No. 2 CD74:1
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TRAFFIC AND VEHICLES §74-62
Sec. 74-57. Penalties.
Sec. 74-59. Dune parking prohibited.
Any person violating this article shall be pun- It shall be unlawful for any vehicle to park on
ished in accordance with the schedule as follows: any of the ocean dunes, and any such parking
may be ticketed as a violation of this article.
Violation Penalty (Code 1981, § 685.03)
(1) Parked in excess of autho- Cross reference—Waterways,ch. 106.
rized time $ 25.00
Sec. 74-60. Truck parking.
(2) Parked in no parking zone. 25.00 It shall be unlawful for any truck weighing
(3) Parked in loading zone 25.00 5,000 pounds or more to park anywhere within
(4) Parked in reserved zone the city for more than four consecutive hours
without permit 25.00 where so posted.
(Code 1981, § 685.04)
(5) Parked irregularly(extend-
ing over boundary) 25.00 Sec. 74-61. Overnight parking.
(6) Parked in handicapped
space 100.00 It shall be unlawful for any vehicle to park on
any of the beach end streets east of Ridgewood
(7) Parked double or obstruct- Avenue between the hours of 10:00 p.m. and 5:00
ing traffic 25.00 a.m., and any such parking shall be ticketed as a
(8) Parked on sidewalk 25.00 violation of this article. For the purposes of this
section, the term "beach end street" means a
Lire' (9) Parked on ocean dunes 100.00 street within the city that has as its east terminus
(10) Parked in fire lane 25.00 the Atlantic Ocean or the dune line which runs
north and south parallel to the Atlantic Ocean.
(11) Other 25.00 (Code 1981, § 685.05)
(Code 1981, § 685.06; Ord. No. 6-93, § 1(685.06),
4-6-93; Ord. No. 29-93, § 1(685.06), 9-21-93; Ord. Sec. 74-62. Designation of fire lanes.
No.40-93,§3, 10-19-93;Ord.No. 1-94,§2,2-1-94)
(a) The city fire chief shall be authorized to
Sec. 74-58. Authority to establish no park- designate fire lanes on or in a public street, alley,
ing zones. roadway or premises, or on any public property
which, in his opinion, would be necessary or
(a) Except as provided in subsection (b) of this desirable for the free movement of fire apparatus
section, the chief law enforcement officer may or of firefighting personnel responding to or oper-
establish no parking zones by designating those ating at a scene of a fire or other public emer-
places where motor vehicles are prohibited from gency.
parking. The chief law enforcement officer shall
place a sign or other identifying mark indicating (b) Designated fire lanes authorized by the city
no parking zones. fire chief shall be appropriately identified with
signs bearing the words"Fire Lane, No Parking."
(b) The city fire chief shall designate all fire The signs and lettering shall be standard infor-
lanes in which it shall be unlawful for any vehicle mation type traffic signs,with red letters on white
to park in accordance with the provisions of background. In addition, the city fire chief may
section 74-62. The city fire chief or designee is require diagonal striping placed on or in any
designated as a parking enforcement specialist public street,alley,roadway or premises or on any
who may enforce prohibitions against parking in public property or any private property to which
fire lanes. the public has access and the words "Fire Lane,
Lise' (Code 1981, § 685.02; Ord. No. 40-93, § 2, 10-19- No Parking" painted thereon in letters no less
93; Ord. No. 1-94, § 1, 2-1-94) than 18 inches in length.
Supp.No. 2 CD74:5
§74-62 CAPE CANAVERAL CODE
(c) The city fire chief may require, as a condi-
tion of the issuance of a building permit,site plan
or development plan, that the owner thereof des-
ignate fire lanes on the property subject to the
building permit, site plan or development plan
when the city fire chief determines that such
designation is necessary to protect the public
health,safety and welfare.Any such private prop-
erty designated as a fire lane shall be marked in
accordance with subsection(b)of this section and
subject to the provisions of subsection (d) of this
section.
(d) Vehicles, equipment or materials parked or
stored in an area designated as a fire lane shall be
• removed, ticketed and/or impounded upon the
order of the city fire chief or designee or the chief
law enforcement officer of the city, and all costs of
such removal and impounding shall be assessed
against the owner, lessee or other person having
control of such vehicle, equipment or material.
(Ord. No. 1-94, § 3, 2-1-94)
Sec. 74-63. County's civil traffic infraction
hearing officer program adopted.
Pursuant to F.S.chs.316 and 318,the city shall No)
participate in the county's civil traffic hearing
officer program as set forth in sections 106-75,
106-76, 106-77 and 106-49,excepting that certain
fee schedule as adopted in 106-49(a)(1) of the
ordinances of the county.
(Ord. No. 6-95, § 1, 3-21-95)
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Supp.No. 2 CD74:6
Lot"
Chapter 78
UTILITIES*
Article I. In General
Secs. 78-1-78-25. Reserved.
Article IL Sanitary Sewer System
Division 1. Generally
Sec. 78-26. Penalty.
Sec. 78-27. Connection with sewer-Required.
Sec. 78-28. Same-Late connection charge.
Sec. 78-29. Unlawful connection.
Sec. 78-30. Unlawful construction.
Sec. 78-31. Connecting old plumbing.
Sec. 78-32. Sanitary requirements.
Sec. 78-33. Disposal.
Sec. 78-34. Septic tanks.
Sec. 78-35. Maintenance of plumbing system.
Sec. 78-36. Failure to maintain plumbing system.
Sec. 78-37. Free service.
Sec. 78-38. Separate connection for each separate building.
Sec. 78-39. Crossing property of another to make connection.
Secs. 78-40-78-50. Reserved.
Division 2. Industrial and Commercial Use
Subdivision I. In General
Sec. 78-51. Definitions.
Sec. 78-52. Purpose.
Sec. 78-53. Enforcement;authority;minimum standards.
Sec. 78-54. Applicability.
Sec. 78-55. Use of public sewers required.
Sec. 78-56. Power and authority of inspectors.
Sec. 78-57. Right of refusal.
Sec. 78-58. Termination of service in emergency.
Sec. 78-59. Administrative enforcement procedures.
Sec. 78-60. Administrative penalties.
Sec. 78-61. Judicial remedies.
Sec. 78-62. Publication of significant violation.
Secs. 78-63-78-75. Reserved.
Subdivision II. Building Sewers and Connections
Sec. 78-76. Separate sewer for each building.
Sec. 78-77. Permit for connections.
Sec. 78-78. Costs of installation;indemnification.
Sec. 78-79. Notice for inspection and connection.
Sec. 78-80. Old building sewers.
Sec. 78-81. Specifications.
Sec. 78-82. Elevation.
Sec. 78-83. Excavations.
*Cross references-Environment,ch. 34;solid waste,ch. 62; excavations, §66-61 et seq.;public service tax, §70-26 et seq.;
buildings and building regulations,ch. 82;concurrency management system,ch. 86;stormwater management,§90-116 et seq.
Supp.No. 2 CD78:1
CAPE CANAVERAL CODE
Sec. 78-84. Connecting sources of surface runoff or groundwater.
J
Sec. 78-85. Connection to public sewer.
Secs. 78-86-78-95. Reserved.
Subdivision III. Discharges
Sec. 78-96. General prohibitions and limitations.
Sec. 78-97. Control of prohibited wastes.
Sec. 78-98. Permission to use sewer system;wastewater discharge permits.
Sec. 78-99. Fees.
Sec. 78-100. Industrial or commercial wastewater monitoring and reporting.
Secs. 78-101-78-110. Reserved.
Subdivision W. Rates and Charges
Sec. 78-111. Surcharge for abnormal strength wastes.
Secs. 78-112-78-120. Reserved.
Division 3. Impact Fees
Sec. 78-121. Established.
Sec. 78-122. Payment.
Sec. 78-123. Excessive quantity of wastewater.
Sec. 78-124. Collection over certain time;promissory note.
Sec. 78-125. Full payment required prior to issuance of certificate or license.
Sec. 78-126. Issuance of certificate of occupancy upon full payment.
Sec. 78-127. Use of funds.
Sec. 78-128. Change of use.
Sec. 78-129. Cost of living increase.
Sec. 78-130. Port Canaveral customers.
Sec. 78-131. Offsite sewage pumping.
Secs. 78-132-78-150. Reserved.
Article III. Service Rates,Deposits and Billing Procedures
Sec. 78-151. Deposit required.
Sec. 78-152. Monthly sewer rates.
Sec. 78-153. Payment of utility charges required.
Sec. 78-154. Sewer fees where owner has private water supply.
Secs. 78-155-78-175. Reserved.
Article IV. Reclaimed Water
Division 1. Generally
Sec. 78-176. Definitions.
Sec. 78-177. Connection to the system.
Sec. 78-178. Reclaimed water uses.
Sec. 78-179. Reserved.
Sec. 78-180. Irrigation usage rates.
Secs. 78-181-78-190. Reserved.
Division 2. Installation And Inspection Of The Reclaimed Water System
Sec. 78-191. Policies and regulations adopted;compliance required.
Sec. 78-192. Inspections.
Sec. 78-193. Discontinuance of service.
Sec. 78-194. Unlawful connections or practices.
Sec. 78-195. Code enforcement board authority and violation liability.
Sec. 78-196. Public employees liability.
Supp.No. 2 CD78:2
UTILITIES
Loy
Sec. 78-197. Areas embraced.
Sec. 78-198. Cross-connection control.
Sec. 78-199. Unauthorized use.
Sec. 78-200. Adoption of Chapter 62-610,F.A.C.
r
L
L
Supp.No. 2 CD78:2.1
J
.J
3
UTILITIES §78-176
Live.
be in default for 30 days or more, the unpaid commercial and industrial accounts to cover a
balance thereof and all interest accrued thereon, three-month service period; provided, however,
together with attorney's fees and costs, may be that no such deposit shall exceed an amount set
recovered by the city in a civil action, and any forth in appendix B to this Code.
such lien and accrued interest may be foreclosed
or otherwise enforced by the city by action or suit (c) Reconnecting the sewer service or removing
in equity as for the foreclosure of a mortgage the plug in the sewer line until such sewage
under the property disposal fees are paid in full, together with the
charge stated in subsection (a) of this section,
(b) If the fees in subsection (a) of this section shall be considered a violation of this section.
shall not be paid when due, any unpaid balance (Code 1981, § 671.12)
thereof and all interest accruing thereon shall be
a lien on any parcel or property affected thereby. Secs. 78-155-78-175. Reserved.
Such lien shall be superior and paramount to the
interest on such parcel or property of any owner,
lessee, tenant, mortgagee or other person, except ARTICLE IV RECLAIMED WATER*
the lien of county taxes, and shall be on a parity
with the lien of any such county taxes. Failure of
users to pay for fees within 30 days of the billing DIVISION 1. GENERALLY
date shall be a violation of this chapter. In addi-
tion, the city shall have the right to seek enforce- Sec. 78-176. Definitions.
ment and collection of the overdue fee through
civil proceedings in a court of competent jurisdic- Except where specific definitions are used within
tion, including a reasonable attorney's fee and a specific section of this article for the purpose of
costs, and any such lien and accrued interest may that section, the following terms, phrases, words
be foreclosed or otherwise enforced by the city by and their derivation shall have meanings pro-
action or suit in equity as for the foreclosure of a vided herein. The word"shall"is mandatory and
mortgage on real property the word "may" is permissive.
(Code 1981, § 671.11) Backflow prevention device shall mean either a
dual check device composed of two single indepen-
Sec. 78-154. Sewer fees where owner has pri- dently active check valves, as described in the
vate water supply. American Water Works Association Standard
C506-78 (R83), and the American Society of San-
(a) If the owner of property has his own private itary Engineering Standard 1024, and/or reduced
water supply and such owner becomes more than pressure principle device, as described in the
ten days delinquent in the payment of his monthly American Water Works Association Standard
sewage disposal fee after billing, the city shall C506-78 (R83), and the American Society of San-
have the right to plug the sewer line leading to itary Engineering Standard 1013.
the owner's plumbing system. The owner shall
have no right to reconnect this line or remove the City manager shall mean the city manager of
plug until sewage disposal fees shall have been the city.
paid in full,together with a charge as set forth in
appendix B to this Code. Such charge shall be Cross connection refers to any physical connec-
imposed and added to any delinquent bill where tion or arrangement which would allow the move-
the sewer line has been plugged for nonpayment. went of contaminants or fluids between any
nonpotable water system, such as the reclaimed
(b) If the owner has his own private water water system, and potable water system.
supply, the city shall require a deposit in the
*Editor's note—Ordinance No. 8-95, § 1,adopted May 2,
amount set forth in appendix B to this Code for 1995,amended the code by deleting and adding a new article
Lie residential sewage disposal service and in a suf- IV Formerly,such article pertained to similar provisions and
ficient amount as prescribed by the city from derived from Ord.No.7-95,§ 1,3-21-95.
Supp.No. 2 CD78:25
§78-176 CAPE CANAVERAL CODE
Customer shall mean any person receiving ser- uation. In no case will the city approve any use 'giro)
vice or making application for service. that may conflict with policies and regulations of
FDEP shall refer to the state department of the state or the U.S. Environmental Protection
environmental protection. Agency.
(Ord. No. 8-95, § 1, 5-2-95)
Reclaimed water shall mean highly treated
effluent from the city's wastewater treatment Sec. 78-179. Reserved.
plant not for human consumption,supplied through
the reclaimed water transmission and distribu- Sec. 78-180. Irrigation usage rates.
tion system which meets or exceeds requirements
for public access as set for by FDEP or its succes- Rates for irrigation water service shall be pro-
sor in function. mulgated, collected and enforced as a component
oReclaimed water system shall mean those re- (Ord.thecity rate resolution., 5 2-95
claimed water storage tank,pumps,transmission No. 8-95, § 1, 5 2-95)
mains, distribution mains, valves and appurte-
nances installed in public rights-of-way or utility Secs. 78-181-78-190. Reserved.
easements, and are used to distribute reclaimed
water. DIVISION 2. INSTALLATION AND
(Ord. No. 8-95, § 1, 5-2-95) INSPECTION OF THE RECLAIMED WATER
Sec. 78-177. Connection to the system. SYSTEM
(a) When available, the owner of every lot or Sec. 78-191. Policies and regulations
parcel of land within the City Reuse Service Area adopted; compliance required.
developed for public, commercial, office, indus-
trial, warehousing and/or residential use(s) may, The city adopts by reference the"Cape Canaveral
following payment of any/all appropriate fees, Reclaimed Water System Policies and Regula-
connect or cause to be connected with the re- tions Manual" dated February 1995. Compliance
claimed water system. with the policies and regulations is hereby re-
quired.
(b) All connections shall be made in accordance (Ord. No. 8-95, § 1, 5-2-95)
with policies and regulations adopted by the coun-
cil.This provision shall not be construed to entitle Sec. 78-192. Inspections.
any person to cross the property of another to
make such connections. (a) Duly authorized employees of the city bear-
(c) For purposes of this article,the term"avail- ing proper identification shall be permitted to
enter any building, structure or property served
able"shall mean contiguous to or within 100 feet by a connection to the reclaimed water system of
of any property line. the city for the purpose of inspecting the piping
(Ord. No. 8-95, § 1, 5-2-95) system or systems, backflow preventer, valves
Sec. 78-178. Reclaimed water uses. and/or all other devices installed by the customer
which connect to or control the reclaimed water
(a) Reclaimed water distributed by the city system or use of reclaimed water on such prop-
within the City Reuse Service Area is intended erty
solely for the irrigation of plants. (b) Consent to such access shall be obtained
(b) In the event commercial establishments from a person of suitable age and discretion
propose to use reclaimed water for purposes other therein or in control thereof.The refusal of access;
than plant irrigation,any proposed use(s)shall be when requested, shall be considered evidence of
evaluated by the city manager or his/her designee the presence of violation of the policies and regu-
and approved or disapproved based on this eval- lations adopted herein.
Supp.No. 2 CD78:26
•
UTILITIES §78-198
‘11111111100e
(c) Inspections shall be at reasonable times its of the city and when warranted levy penalties.
and with reasonable frequency. Where there ex- Proceedings before the code enforcement board
ists cause to believe that a violation is committed, shall be governed by its rules and procedures.
the city may cause the property to be inspected as (b) Any person or customer found guilty of
necessary to prevent or terminate the occurrence violating any of the provisions of this article or
of such violation(s).
(Ord. No. 8-95, § 1, 5-2-95) any written order of the city pursuant thereto,
shall pay all penalties, costs and expenses in-
volved in the case, including attorney's fees. No-
Sec. 78-193. Discontinuance of service. tice of such violation shall be given by delivering
the same to the premises and a copy thereof sent
The city manager or his designee is hereby by certified mail to the billing address. Each day
authorized and directed to discontinue reclaimed upon which a violation of this article occurs shall
water service to any property, after notice, where constitute a separate and additional violation.
any violation of this article exists, and to take
such other precautionary measures deemed nec- (c) Any person or customer in violation of any
essary to eliminate any danger of contamination provision of this article shall become liable to the
of the public potable water supply. Reclaimed city for any expense, loss or damage incurred by
water service to such property shall not be re- the city by reason of such violation, including
stored until the violation has been eliminated in attorney's fees and costs of correcting the unau-
compliance with the provisions of this article. thorized work, tampering or damage to the sys-
(Ord. No. 8-95, § 1, 5-2-95) tem.
(d) In addition to any penalty provided by law
Sec. 78-194. Unlawful connections or prac- for the violation of any provision of this article,
Lao/ tices. the city may bring suit in the appropriate court to
enjoin, restrain or otherwise prevent the viola-
(a) No person shall be authorized to work on tion.
the reclaimed water distribution system without (Ord. No. 8-95, § 1, 5-2-95)
prior written consent of the city, and then only
under the direction and supervision of the city.No Sec. 78-196. Public employees liability.
person shall tamper with, alter, damage, cut into
or make connection with, the reclaimed water No provision of this article designating the
system or any component thereof. duties of any city officer or employee shall be
construed to make such officer or employee liable
(b) No person shall manipulate valves, hy- for any fine or penalty for failure to perform such
Brants or blow-offs of the reclaimed water distri- duty.
bution system or cause water to flow from the (Ord. No. 8-95, § 1, 5-2-95)
system without prior written consent from the
city. Sec. 78-197. Areas embraced.
(c) Any person found violating this article shall All territory within the city and the City Reuse
be subject to the procedures and/or penalties Service Area shall be governed by this division to
provided in section 78-164. the extent permitted by law.
(Ord. No. 8-95, § 1, 5-2-95) (Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-198. Cross-connection control.
Sec. 78-195. Code enforcement board author-
ity and violation liability. The public water supply for the city is provided
through a franchise agreement by the City of
(a) The city code enforcement board shall have Cocoa. Prior to connecting a user to the reclaimed
Listo"" jurisdiction and authority to hear and decide water system, the public water supply shall be
alleged violations occurring in the corporate lim- protected by installation of an approved cross-
Supp.No. 2 CD78:27
§78-198 CAPE CANAVERAL CODE
connection control assembly in accordance with
J
the city's cross-connection control and inspection
program and in accordance with the City of Co-
coa's.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-199. Unauthorized use.
No person shall allow any reclaimed water to be
consumed by any human being or animal. Addi-
tionally, no person shall use reclaimed water for
any purpose which would knowingly endanger
the health of any person, animal or plant.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-200. Adoption of Chapter 62-610,
F.A.C.
The construction, maintenance and use of the
reclaimed water system of the city shall be in
accordance with the provisions of Chapter 62-610,
Florida Administrative Code. In the event any of
the provisions of Chapter 62-610 are more restric-
tive than the provisions of the city code, the
applicable provisions of Chapter 62-610, FAC
shall prevail.
(Ord. No. 8-95, § 1, 5-2-95)
3
Supp.No.2 CD78:28
BUILDINGS AND BUILDING REGULATIONS §82-32
Liro'
ARTICLE I. IN GENERAL International,Inc.,including appendices,A,C,D,
E,F, G and H is adopted by reference as though it
Sec. 82-1. Penalty. were set out in this article in full.
Any person who shall violate this chapter or (Ord. No. 18-95, § 1, 8-15-95)
who shall fail to comply with this chapter or who
shall violate or fail to comply with any order or Sec. 82-32. Amendments.
regulation made under this chapter or who shall
build in violation of any detailed statement or The building code adopted in section 82-31 is
specifications or plans submitted and approved amended as follows:
under this chapter or any certificate or permit (1) Section 102.2.1 is amended to read as fol-
issued under this chapter shall severally for each lows:
and every such violation and noncompliance, re-
spectively, be punished as provided in section 102.2.1 Building Official Qualifications.The
1-15. building official shall have at least ten
(Code 1981, §§ 509.13, 611.07, 612.29, 613.04, years'experience or equivalent as an archi-
614.03, 615.04, 617.19, 619.04, 620.03, 623.07, tect, engineer, inspector, contractor or su-
625.03, 627.03) perintendent of construction or any combi-
nation of these, five years of which shall
Sec. 82-2. Building permit fee schedule. have been in responsible charge of work.
The city establishes a building permit and The building official should be certified as a
development fee schedule on all construction in building official shall be appointed or hired
the city. The fees shall be as set forth in appendix by the city manager and shall not be re-
B to this Code. moved from office, except for cause after
(Code 1981, § 547.01) full opportunity has been given to be heard
Lire' on specific charges before the city manager.
Sec. 82-3. Changes to schedule of fees. (2) Section 102.2.2 is amended to read as fol-
The building permit and development fee sched- lows:
ule established in section 82-2 may be amended
from time to time, as needed, by resolution of the 102.2.2 Chief Inspector Qualifications.The
city council. building official, with the approval of the
(Code 1981, § 547.03) city manager, may designate chief inspec-
tors to administer the provisions of the
Secs. 82-4-82-30. Reserved. building, electrical, gas, mechanical and
plumbing codes. They shall have at least
ARTICLE H. BUILDING CODE* ten years' experience or equivalent as an
architect, engineer,inspector,contractor or
Sec. 82-31. Adopted. superintendent of construction or any corn-
The Standard Building Code, 1994 edition,pub- bination of these, five years of which shall
lished by the Southern Building Code Congress have been in responsible charge of work.
They should be certified through a recog-
*Editor's note—Ordinance No.18-95,§1,adopted August nized certification program for the appro-
15, 1995,amended the code by repealing article II,§§82-31— priate trade. They shall not be removed
82-34 and adding a new article II, §§ 82-31,82-32. Formerly,
such article pertained to similar provisions and derived from from office except for cause after full oppor
§§611.01, 611.02,611.05 of the 1981 Code; Ord.No. 9-92, §§ tunity has been given to be heard on spe-
1(611.01),1(611.02),8-18-92;Ord.No.20-92,§1,11-5-92;Ord. cific charges in accordance with the city
No. 12-93, §§ 1(611.01), 1(611.02), 7-6-93; Ord. No. 19-93, § Code of Ordinances.
1(616.01),6-15-93;Ord.No.42-93,§1,11-2-93;Ord.No.13-94,
§ 1(611.03),4-5-94;Ord.No.3-95,§ 1,2-21-95. (3) Section 102.2.3 is amended to read as fol-
Cross references—Fire prevention code adopted,§38-26; lows:
standard fire prevention code adopted, §38-30;requirements
Chare for fences,walls and hedges,§110-470;buildings required for 102.2.3 Inspector Qualifications.The build-
commercial uses,§110-481;building setback lines,§110-536. ing official, with the approval of the city
Supp.No. 2 CD82:5
§82-32 CAPE CANAVERAL CODE
3
manager,may appoint or hire such number from the appearance of the immediate neigh-
of officers, inspectors, assistants and other borhood,or reduces the value of property in
employees as shall be authorized from time the immediate neighborhood, or is a nui-
to time.A person shall not be appointed or same shall be deemed to be a violation of
hired as inspector of construction who has the above reference code sections, which
not had at least five years'experience as a violation may be enforced by the code en-
building inspector,engineer,architect or as forcement board.
a superintendent, foreman or competent (5) Section 108.1 is amended to read as fol-
mechanic in charge of construction. The lows:
inspector should be certified through a rec- 108.1 Appointment. There is hereby estab-
ognized certification program for the appro- lished a board to be called the construction
priate trade. board of adjustment and appeals, which
(4) Section 104.6.1 is amended to read as fol- shall consist of five members. The board
lows: shall be appointed by the city council.
104.6.1 Permit Intent.A permit issued shall (6) Section 108.2 is amended to read as fol-
be construed to be a license to proceed with lows:
the work and not as authority to violate, 108.2 Membership and Terms.
cancel, alter or set aside any of the provi- 108.2.1 Membership. Members of the con-
sions of the technical codes, nor shall issu- struction board of adjustment and appeals
ance of a permit prevent the building offi- should be composed of individuals with
cial from thereafter requiring a correction knowledge and experience in the technical
of errors in plans, construction, or viola- codes,such as design professionals,contrac-
tions of this code.Every permit issued shall tors or building industry representatives.A
become invalid,unless the work authorized board member shall not act in a case in
by such permit is commenced within six which he has a personal or financial inter-
months after its issuance, or if the work est.
authorized by such permit is suspended or
abandoned for a period of six months after 108.2.2 Terms. The terms of office of the
its issuance, or if the work authorized by board members shall be two years from the
such permit is suspended or abandoned for date of appointment. Continued absence of
a period of six months after the time work any member from required meetings of the
is commenced. The permit shall become board shall, at the discretion of the city
invalid after three years from the date of council,render any such member subject to
its issuance in zoning districts of the city, immediate removal from office.
unless the building or buildings subject to 108.2.3 Quorum and Voting. A simple ma-
the permit have exteriors and landscaping jority of the board shall constitute a quo-
which are in substantial compliance with rum.
the plans and specifications and comply 108.2.4 Secretary of Board. The building
with the provisions of section 34-96,section official or designee shall act as secretary of
34-97,subsections 34-98(3),(4),(5),(6),(7), the board and shall make a detailed record
(9) and (11), section 34-99 and section 34- of all of its proceedings, which shall set
122 of the City Code of Ordinances. Exten- forth the reasons for its decision,the vote of
sions of time for building permits may be each member,the absence of a member and
granted only by the city council. Further, any failure of a member to vote.
any unfinished buildings or structures for
which a permit has lapsed or otherwise (7) Section 1509.1.4.1 is amended to read as
become invalid, and where the appearance follows:
and other conditions of such unfinished 1509.1.4.1 Nails and clips shall be hot-
building or structure substantially detracts dipped galvanized, stainless steel, nonfer-
Supp.No.2 CD82:6
BUILDINGS AND BUILDING REGULATIONS §82-81
rous metal or other suitable corrosion re- (2) Section 105.2 is amended to read as fol-
sistant material. Staple fasteners shall not lows:
be permitted. 105.2 Membership and Terms.
(8) Section 1509.4.1.2 is amended to read as 105.2.1 Membership. Members of the con-
follows: struction board of adjustment and appeals
1509.4.1.2 Shingle application shall be as should be composed of individuals with
specified in the manufacturer's published knowledge and experience in the technical
application instructions. Notwithstanding codes,such as design professionals,contrac-
anything to the contrary contained herein, tors or building industry representatives.A
asphalt shingles must be fungus resistant. board member shall not act in a case in
(Ord. No. 18-95, § 1, 8-15-95) which he has a personal or financial inter-
est.
Secs. 82-33-82-55. Reserved. 105.2.2 Terms. The terms of office of the
board members shall be two years from the
date of appointment. Continued absence of
ARTICLE III. UNSAFE BUILDING any member from required meetings of the
ABATEMENT CODE* board shall, at the discretion of the city
council,render any such member subject to
Sec. 82-56. Adopted. immediate removal from office.
The Standard Unsafe Building Abatement Code, 105.2.3 Quorum and Voting.A simple ma-
1985 edition,as published by the Southern Build- jority of the board shall constitute a quo-
ing Code Congress International, Inc., is adopted rum.
by reference as though it were set out in full in 105.2.4 Secretary of Board. The building
this article. official or designee shall act as secretary of
(Code 1981, § 620.01) the board and shall make a detailed record
of all of its proceedings, which shall set
Sec. 82-57. Administrative authority or offi- forth the reasons for its decision,the vote of
tial. each member,the absence of a member and
Whenever the term "administrative authority" any failure of a member to vote.
or "official" is used in the unsafe building abate-
ment code adopted in section 82-56, it shall be Secs. 82-59-82-80. Reserved.
construed to mean the building official of the city
or his authorized representative.
(Code 1981, § 620.02) ARTICLE W. COASTAL CONSTRUCTION
CODEt
Sec. 82-58. Amendments.
Sec. 82-81. Definitions.
The unsafe building abatement code adopted in
section 82-56 is amended as follows: The following words, terms and phrases, when
used in this article, shall have the meanings
(1) Section 105.1 is amended to read as fol- ascribed to them in this section, except where the
lows: context clearly indicates a different meaning:
105.1 Appointment. There is hereby estab- Beach means the zone of unconsolidated mate-
lished a board to be called the construction rial that extends landward from the mean low-
board of adjustment and appeals, which water line to the place where there is a marked
shall consist of five members. The board
shall be appointed by the city council. tCross references—Waterways,ch. 106; zoning,ch. 110.
State law reference—Coastal construction code, F.S. §
Lave *Cross reference—Life safety code adopted, §38-28. 161.52 et seq.
Supp.No. 2 CD82:7
§82-81 CAPE CANAVERAL CODE
change in material or physiographic form or to the seasonal high-water line and a line
3
the line of permanent vegetation, usually the 1,500 feet landward from the coastal con-
effective limit of storm waves.The term"beach"is struction control line.
alternatively termed "shore." (2) For mainland areas where a coastal con-
Bluff line means the line determined by those struction control line has not been estab-
points located on the easternmost edge of the lished, the land area seaward of the most
elevated,vegetated bank which is commonly found landward velocity zone (V zone) boundary
adjacent to the Atlantic Coast mean high-water line established by the Federal Emergency
line,irrespective of whether the bank may not be Management Agency and shown on the
elevated and vegetated at some points. flood insurance rate maps.
(3) For coastal barrier islands, the land area
Breakaway wall or frangible wall means a between the seasonal high-water line and a
partition independent of supporting structural line 5,000 feet landward from the coastal
members that will withstand design wind forces, construction control line or the entire is-
but which will fail under hydrodynamic, wave land, whichever is less.
and runup forces associated with the design storm
surge. Under such conditions, the wall shall fail (4) For coastal barrier islands on which no
in a manner such that it breaks up into compo- coastal construction control line has been
nents which minimize the potential for damage to established, the land area seaward of the
Iife or adjacent property. It shall be a character- most landward velocity zone(V zone)bound-
istic of a breakaway or frangible wall that it shall ary line established by the Federal Emer-
have a horizontal design loading resistance of no gency Management Agency and shown on
less than ten or more than 20 pounds per square the flood insurance rate maps.
foot. Coastal construction control line means the
Building support structure means any struc- landward extent of that portion of the beach-dune
ture which supports floor, wall or column loads system which is subject to severe fluctuations
and transmits them to the foundation. The term based upon a 100-year storm surge, storm waves
includes beams, grade beams or joists and in- or other predictable weather conditions as estab-
cludes the lowest horizontal structural member lished by the state department of environmental
exclusive of piles, columns or footings. protection in accordance with F.S. § 161.053.
Construction means the building of or substan-
Coastal barrier islands means geological sur- tial improvement to any structure or the clearing,
face features above mean high water which are filling or excavation of any land. It shall also
completely surrounded by marine waters that mean any alterations in the size or use of any
front upon the open waters of the Gulf of Mexico, existing structure or the appearance of any land.
Atlantic Ocean, Florida Bay or Straits of Florida When appropriate to the context, the term "con-
and are composed of quartz sands, clays, lime- struction" refers to the act of construction or the
stone, oolites, rock, coral, coquina, sediment or result of construction.
other material, including soil disposal. Mainland
areas which were separated from the mainland by Dune means a mound or ridge of loose sedi-
artificial channelization for the purpose of assist- ments, usually sand-sized, deposited by natural
ing marine commerce shall not be considered or artificial means, which lies landward of the
coastal barrier islands. beach.
Coastal building zone means: Dune area means any land within 50 feet of the
(1) For mainland areas which front directly bluff line at any riparian coastal location fronting
the Atlantic Coast shoreline.
upon the open waters of either the Gulf of
Mexico, Atlantic Ocean, Florida Bay or Major structure includes but is not limited to
Straits of Florida, the land area between residential buildings, including mobile homes,
Supp.No.2 CD82:8
BUILDINGS AND BUILDING REGULATIONS §82-81
Ctioe commercial, institutional, industrial and other
construction having the potential for substantial
impact on coastal zones.
Mean high-water line means the intersection of
the tidal plane of mean high water with the shore.
Mean high water is the average height of high
waters over a 19-year period.
Minor structure includes but is not limited to
pile-supported, elevated dune and beach walk-
over structures; beach access ramps and walk-
ways; stairways; pile-supported elevated viewing
platforms,gazebos and boardwalks;lifeguard sup-
port stands; public and private bathhouses;
sidewalks,
L
carsoe
Supp.No. 2 CD82:8.1
J
J
J
BUILDINGS AND BUILDING REGULATIONS §82-148
Lime.
(4) NAVFAC DM-26, U.S. Dep
artment of the Secs. 82-119-82-145. Reserved.
Navy. Editor's note—Ordinance no. 17-95,§ 1,adopted August
(5) Coastal Construction Manual, Federal 15,1995,amended the code by repealing sections 82-119-82-
Emergency Management Agency,February se122 in their entirety. Formerly, such sections pertained to
1986. (Please note that the wind design
service
disconnects required; service wires; breaking meter
seals; wiring methods; additions, remodeling and rewiring;
section is based upon the 1982 edition of electric wiring for swimming pools;submersible lighting and
the Standard Building Code with the 1984 derived from§§617.05,617.07,617.09,617.11,617.13,617.15,
accumulated amendments and not the 1985 617.17 of the 1981 Code.
edition of the Standard Building Code with
the 1986 revisions as required by F.S. § ARTICLE VI. PLUMBING CODEC
161.55(1)(d).)
(Code 1981, § 612.27)
• Sec. 82-146. Adopted.
Secs. 82-95-82-115. Reserved. The Standard Plumbing Code, 1994 edition,
published by Southern Building Code Congress
International, Inc., including all appendices ex-
ARTICLE V. ELECTRICAL CODE* cept appendix H which is deleted, is adopted by
reference as though it were copied in full in this
Sec. 82-116. Adopted. article.
(Code 1981, §613.01;Ord.No. 10-92, § 1(613.01),
The 1993 edition of the National Electrical 8-18-92; Ord. No. 20-92, § 2, 11-5-92; Ord. No.
Code, published by the National Fire Protection 13-93, § 1(613.01), 6-15-93; Ord. No. 19-19, § 1,
Association, is adopted by reference as though it 8-15-95)
were copied in this article fully,with the exception
that any portion in conflict with this article is not Sec. 82-147. Administrative authority or of-
adopted. ficial.
(Code 1981, §617.01; Ord. No. 16-93, § 1(617.01),
6-15-93) Whenever the term "administrative authority"
or"official"is used in the plumbing code adopted
Sec. 82-117. Administrative authority or of- by reference in this article,it shall be construed to
ficial. mean the building official of the city or his autho-
rized representative.
Whenever the term "administrative authority" (Code 1981, § 613.03)
or"official" is used in the electrical code adopted
in section 82-116, it shall be construed to mean Sec. 82-148. Amendments.
the building official of the city or his authorized
representative. The plumbing code adopted by reference in this
(Code 1981, § 617.03) article is amended as follows:
(1) Section 102.2.1 is amended to read as fol-
Sec. 82-118. Board of appeals. lows:
The construction board of adjustment and ap- 102.2.1 Building Official Qualifications.The
peals created in the building code adopted in building official shall have at least ten
section 82-31 shall be the board for appeals for the years'experience or equivalent as an archi-
electrical code adopted in this article.The require- tect, engineer, inspector, contractor or su-
ments for appeals under such building code inso- perintendent of construction or any combi-
far as is practicable and applicable shall apply to nation of these, five years of which shall
the electrical code. have been in responsible charge of work.
The building official should be certified as a
Clisof *Cross reference—Standard fire prevention code adopted,
§38-30. tCross reference—Sanitary sewer system,§78-26 et seq.
Supp.No. 2 CD82:13
§82-148 CAPE CANAVERAL CODE
building official through a recognized cern- board of adjustment and appeals, which
fication program.The building official shall shall consist of five members. The board
be appointed or hired by the city manager shall be appointed by the city council.
and shall not be removed from office except (5) Section 108.2 is amended to read as fol-
for cause after full opportunity has been lows:
given to be heard on specific charges before
the city manager. 108.2 Membership and Terms.
(2) Section 102.2.2 is amended to read as fol- 108.2.1 Membership. Members of the con-
lows: struction board of adjustment and appeals
should be composed of individuals with
102.2.2 Chief Inspector Qualifications.The knowledge and experience in the technical
building official, with the approval of the codes,such as design professionals,contrac-
city manager, may designate chief inspec- tors or building industry representatives.A
tors to administer the provisions of the board member shall not act in a case in
building, electrical, gas, mechanical and which he has a personal or financial inter-
plumbing codes. They shall have at least est.
ten years' experience or equivalent as an 108.2.2 Terms. The terms of office of the
architect,engineer,inspector,contractor or board members shall be two years from the
superintendent of construction or any corn- date of appointment. Continued absence of
bination of these, five years of which shall any member from required meetings of the
have been in responsible charge of work. board shall, at the discretion of the city
They should be certified through a recog- council,render any such member subject to
nized certification program for the appro- immediate removal from office.
priate trade. They shall not be removed
from office except for cause after full oppor- 108.2.3 Quorum and Voting.A simple ma „wig)
-
tunity has been given to be heard on spe- jority of the board shall constitute a quo-
cific charges in accordance with the city rum.
Code of Ordinances. 108.2.4 Secretary of Board. The building
(3) Section 102.2.3 is amended to read as fol- official or designee shall act as secretary of
lows: the board and shall make a detailed record
of all of its proceedings, which shall set
102.2.3 Inspector Qualifications.The build- forth the reasons for its decision,the vote of
ing official, with the approval of the city each member,the absence of a member and
manager,may appoint or hire such number any failure of a member to vote.
of officers, inspectors, assistants and other (Code 1981, §613.02; Ord. No. 10-92, § 1(613.02),
employees as shall be authorized from time 8-18-92;Ord.No. 13-93,§ 1(613.02),6-15-93;Ord.
to time.A person shall not be appointed or No. 19-95, § 1, 8-15-95)
hired as inspector of construction who has
not had at least five years'experience as a Secs. 82-149-82-170. Reserved.
building inspector,engineer,architect or as
a superintendent, foreman or competent
mechanic in charge of construction. The ARTICLE VII. GAS CODE*
inspector should be certified through a rec-
ognized certification program for the appro-
priate trade. Sec. 82-171. Adopted.
(4) Section 108.1 is amended to read as fol- The Standard Gas Code, 1994 edition, pub-
lows: fished by the Southern Building Code Congress
International, Inc., including all appendices, ex-
108.1 Appointment. There is hereby estab-
lished a board to be called the construction 'Cross reference—Gas franchise,app.A,art.III.
Supp.No.2 CD82:14
BUILDINGS AND BUILDING REGULATIONS $82-173
L
cept appendix B which is deleted, is adopted by superintendent of construction or any com-
reference as though it were copied in this article bination of these, five years of which shall
in full, have been in responsible charge of work.
(Code 1981, §615.01; Ord.No. 12-92, § 1(615.01), They should be certified through a recog-
8-18-92; Ord. No. 20-92, § 4, 11-5-92; Ord. No. nized certification program for the appro-
15-93, § 1(615.01), 6-15-93; Ord. No. 20-95, § 1, priate trade. They shall not be removed
8-15-95) from office except for cause after full oppor-
tunity has been given to be heard on spe-
Sec. 82-172. Administrative authority or of- cific charges in accordance with the city
ficial. Code of Ordinances.
Whenever the term "administrative authority" (3) Section 102.2.3 is amended to read as fol-
or "official" is used in the gas code adopted by lows:
reference in this article, it shall be construed to 102.2.3 Inspector Qualifications.The build-
mean the building official of the city or his autho- ing official, with the approval of the city
rized representative. manager,may appoint or hire such number
(Code 1981, § 615.03) of officers, inspectors, assistants and other
employees as shall be authorized from time
Sec. 82-173. Amendments. to time.A person shall not be appointed or
hired as inspector of construction who has
The gas code adopted by reference in this arti- not had at least five years'experience as a
cle is amended as follows: building inspector,engineer,architect or as
(1) Section 102.2.1 is amended to read as fol- a superintendent, foreman or competent
(illiare lows: mechanic in charge of construction. The
inspector should be certified through a rec-
ognized certification program for the appro-
building official shall have at least ten priate trade.
years'experience or equivalent as an archi-
tect, engineer, inspector, contractor or su- (4) Section 108.1 is amended to read as fol-
perintendent of construction or any combi- lows:
nation of these, five years of which shall 108.1 Appointment. There is hereby estab-
have been in responsible charge of work. lished a board to be called the construction
The building official should be certified as a board of adjustment and appeals, which
building official through a recognized certi- shall consist of five members. The board
fication program.The building official shall shall be appointed by the city council.
be appointed or hired by the city manager (5) Section 108.2 is amended to read as fol-
and shall not be removed from office except lows:
for cause after full opportunity has been
given to be heard on specific charges before 108.2 Membership and Terms.
the city manager. 108.2.1 Membership. Members of the con-
(2) Section 102.2.2 is amended to read as fol- struction board of adjustment and appeals
lows: should be composed of individuals with
102.2.2 Chief Inspector Qualifications.The knowledge and experience in the technical
codes,such as design professionals,contrac-
building official, with the approval of the tors or building industry representatives.A
city manager, may designate chief inspec- board member shall not act in a case in
tors to administer the provisions of the which he has a personal or financial inter-
building, electrical, gas, mechanical and est.
plumbing codes. They shall have at least
ten years' experience or equivalent as an 108.2.2 Terms. The terms of office of the
L. architect, engineer,inspector, contractor or board members shall be two years from the
Supp.No. 2 CD82:15
§82-173 CAPE CANAVERAL CODE
date of appointment. Continued absence of fication program.The building official shall
any member from required meetings of the be appointed or hired by the city manager
board shall, at the discretion of the city and shall not be removed from office except
council,render any such member subject to for cause after full opportunity has been
immediate removal from office. given to be heard on specific charges before
108.2.3 Quorum and Voting.A simple ma- the city manager.
jority of the board shall constitute a quo- (2) Section 102.2.2 is amended to read as fol-
rum.
lows:
108.2.4 Secretary of Board. The building
official or designee shall act as secretary of 102.2.2 Chief Inspector Qualifications.The
the board and shall make a detailed record building official, with the approval of the
of all of its proceedings, which shall set city manager, may designate chief inspec-
forth the reasons for its decision,the vote of tors to administer the provisions of the
each member,the absence of a member and building, electrical, gas, mechanical and
any failure of a member to vote. plumbing codes. They shall have at least
(Code 1981, § 615.02; Ord. No. 12-92, § 1(615.02), ten years' experience or equivalent as an
8-18-92;Ord.No. 15-93,§ 1(615.02),6-15-93;Ord. architect,engineer,inspector,contractor or
No. 20-95, § 1, 8-15-95) superintendent of construction,or any com-
bination of these, five years of which shall
Secs. 82-174-82-195. Reserved. have been in responsible charge of work.
They should be certified through a recog-
nized certification program for the appro-
ARTICLE VIII. MECHANICAL CODE priate trade. They shall not be removed
from office except for cause after full oppor-
Sec. 82-196. Adopted. tunity has been given to be heard on spe-
The Standard Mechanical Code, 1994 edition, cific charges in accordance with the city
published by the Southern Building Code Con- Code of Ordinances.
gress International, Inc., including all appendi- (3) Section 102.2.3 is amended to read as fol-
ces, is adopted by reference as though it were lows:
copied in this article in full.
(Code 1981, § 614.01; Ord.No. 11-92, § 1(614.01), 102.2.3 Inspector Qualifications.The build-
8-18-92; Ord. No. 20-92, § 3, 11-5-92; Ord. No. ing official, with the approval of the city
21-95, § 1, 8-15-95) manager,may appoint or hire such number
of officers, inspectors, assistants and other
Sec. 82-197. Amendments. employees as shall be authorized from time
The mechanical code adopted by reference in to time.A person shall not be appointed or
this article is amended as follows: hired as inspector of construction who has
not had at least five years'experience as a
(1) Section 102.2.1 is amended to read as fol- building inspector,engineer,architect or as
lows: a superintendent, foreman or competent
102.2.1 Building Official Qualifications.The mechanic in charge of construction. The
building official shall have at least ten inspector should be certified through a rec-
years'experience or equivalent as an archi- ognized certification program for the appro-
tect, engineer, inspector, contractor or su- priate trade.
perintendent of construction or any combi- (4) Section 108.1 is amended to read as fol-
nation of these, five years of which shall lows:
have been in responsible charge of work.
The building official should be certified as a 108.1 Appointment. There is hereby estab-
building official through a recognized certi- lished a board to be called the construction
Supp.No. 2 CD82:16
BUILDINGS AND BUILDING REGULATIONS §82-270
which clerk and made a part of this article by reference,
board of adjustment and appeals,
shall consist of five members. The board are adopted as governing solar energy equipment
shall be appointed by the city council. within the city.
(5) Section 108.2 is amended to read as fol- (Code 1981, § 618.01)
lows:
Sec. 82-222. Permit fees.
108.2 Membership and Terms.
108.2.1 Membership. Members of the con- Permit fees for solar energy standards will be
struction board of adjustment and appeals based on the fee table from the Standard Mechan-
should be composed of individuals with ical Code adopted in section 82-196 in the same
knowledge and experience in the technical categories and amounts.
codes,such as design professionals,contrac- (Code 1981, § 618.03)
tors or building industry representatives.A
board member shall not act in a case in Sec. 82-223. Compliance with building code.
which he has a personal or financial inter-
est. Solar energy equipment wind load design spec-
ifications must comply with section 1205 of the
108.2.2 Terms. The terms of office of the Standard Building Code adopted in section 82-31.
board members shall be two years from the (Code 1981, § 618.04)
date of appointment. Continued absence of
any member from required meetings of the
board shall, at the discretion of the city Secs. 82-224-82-245. Reserved.
council,render any such member subject to
immediate removal from office.
108.2.3 Quorum and Voting.A simple ma-
jorityCODEt of the board shall constitute a quo-
rum Sec. 82-246. Adopted.
108.2.4 Secretary of Board. The building The Standard Swimming Pool Code, 1991 edi-
official or designee shall act as secretary of tion, with 1993 and 1994 revisions, published by
the board and shall make a detailed record the Southern Building Code Congress Interna-
of all of its proceedings, which shall set tional, Inc., is adopted by reference as though it
forth the reasons for its decision,the vote of was copied in this article in full.
each member,the absence of a member and (Code 1981, §627.01; Ord. No. 18-93, § 1(627.01),
any failure of a member to vote. 6-15-93; Ord. No. 22-95, § 1, 8-15-95)
(Code 1981, § 614.02; Ord. No. 11-92, § 1(614.02),
8-18-92;Ord.No. 14-93,§ 1(614.02),6-15-93;Ord. Sec. 82-247. Administrative authority or of-
No. 21-95, § 1, 8-15-95) ficial.
Secs. 82-198-82-220. Reserved. Whenever the term "administrative authority"
or "official" is used in the swimming pool code
adopted by reference in this article, it shall be
ARTICLE IX. SOLAR ENERGY construed to mean the building official of the city
STANDARDS* or his authorized representative.
(Code 1981, § 627.02)
Sec. 82-221. Adopted.
The standards promulgated by the state solar Secs. 82-248-82-270. Reserved.
energy center,a copy of which is filed with the city
tCross references—Requirements for fences, walls and
*State law reference—Thermal efficiency standards,F.S. hedges, § 110-470; swimming pool zoning and construction
§553.900. regulations,§ 110-581 et seq.
Supp.No. 2 CD82:17
§82-271 CAPE CANAVERAL CODE
j
ARTICLE XI. HOUSING CODE* shall, at the discretion of the city council,
render any such member subject to imme-
Sec. 82-271. Adopted. diate removal from office.
The Standard Housing Code, 1991 edition,with 106.1.4 A simple majority of the board shall
1992 and 1994 revisions, excluding the appendi-
ces, constitute a quorum.
published by the Southern Building Code 106.1.5 The building official or designee
Congress International, Inc., is adopted by refer- shall act as secretary of the board and shall
ence as though it were copied in this article in make a detailed record of all of its proceed-
ings, which shall set forth the reasons for
(Code 1981,§619.01;Ord.No. 13-92,§ 1,8-18-92; its decision, the vote of each member, the
Ord. No. 23-95, § 1, 8-15-95) absence of a member and any failure of a
member to vote.
Sec. 82-272. Administrative authority or of- (Code 1981, § 619.02)
ficial.
Secs. 82-274-82-295. Reserved.
Whenever the term "administrative authority"
or"official"is used in the housing code adopted by
reference in this article, it shall be construed to ARTICLE XII. EXCAVATION AND
mean the building official of the city or his autho- GRADING CODE?
rized representative.
(Code 1981, § 619.03) Sec. 82-296. Adopted.
The Standard Excavation and Grading Code,
Sec. 82-273. Amendments. 1975 edition,published by the Southern Building
Code Congress, International, Inc., is adopted by
The housing code adopted by reference in this reference as though it were copied in full in this
article is amended as follows: article.
Section 106.1 is amended to read as follows: (Code 1981, § 625.01)
106.1 Appointment. Sec. 82-297. Administrative authority or of-
106.1.1 There is hereby established a board ficial.
to be called the construction board of ad- Whenever the term "administrative authority"
justment and appeals, which shall consist or"official"is used in the excavation and grading
of five members. The board shall be ap- code adopted by reference in this article, it shall
pointed by the city council. be construed to mean the building official of the
106.1.2 Members of the construction board city or his authorized representative.
of adjustment and appeals should be com- (Code 1981, § 625.02)
posed of individuals with knowledge and
experience in the technical codes, such as Secs. 82-298-82-320. Reserved.
design professionals, contractors or build-
ing industry representatives.A board mem-
ber shall not act in a case in which he has
a personal or financial interest.
106.1.3 The terms of office of the board
members shall be two years from the date
of appointment. Continued absence of any
member from required meetings of the board
*Cross references—Life safety code adopted, § 38-28;
requirements for fences,walls and hedges,§110-470. tCross reference—Excavations,§66-61 et seq.
[The next page is CD82:211
Supp.No.2 CD82:18
SIGNS §94-1
csof
ARTICLE I. IN GENERAL Noncombustible material means a material
which, in the form and thickness in which it is
Sec. 94-1. Definitions. used, meets any of the following:
(1) Materials which pass the test procedures
The following words, terms and phrases, when for defining noncombustibility of elemen-
used in this chapter, shall have the meanings tary materials set forth in ASTM E136.
ascribed to them in this section, except where the
context clearly indicates a different meaning: (2) Materials having a structural base of non-
combustible materials as stated in subsec-
Attraction board means any sign on which the tion (1) of this definition, with a surfacing
copy may be manually changed from time to time not more than one-eighth inch thick,which
by use of changeable letters or panels. has a flame-spread rating not greater than
50 when tested in accordance with the
Awning means any structure made of cloth or method of test for surface burning charac-
metal with a metal framework attached to a teristics of building materials set forth in
building and projecting over a thoroughfare, so ASTM E84.
erected as to permit its being raised to a position
flat against the building when not in use. Nonconforming sign means any advertising
structure or sign which was lawfully erected and
Banner sign means any sign having the char- maintained prior to such time as it came within
acters, letters, illustrations or ornamentations the purview of this chapter and any amendments
applied to cloth, paper or fabric. thereto, and which fails to conform to all applica-
ble sections and restrictions of this chapter, or a
Billboard or off-premises sign means a sign nonconforming sign for which a special permit
L advertising a product or service, including enter- has been issued.
tainment or candidacy,which product or service is
not available for sale or performance at the place Offsite/off premises sign means a sign not re-
where the sign is located. lated in its subject matter to the use of the
premises on which it is located.
Code enforcement board means a board estab- On-site sign means a sign related in its subject
lished in section 2-256 et seq.to enforce this Code. matter to the premises on which it is located.
Directional sign means a sign directing or guid- Outdoor advertising display means any letter,
ing traffic or people to entrances,exits or parking. figure, character, mark, plane, point, marquee,
sign,design,poster,pictorial picture,stroke,stripe,
Erect means to build, construct, attach, hang, line, trademark, reading matter or illuminated
place, suspend or affix and also includes the service which shall be constructed, placed, at-
painting of wall signs. tached, painted, erected, fastened or manufac-
Exempt signs means signs exempted from nor- tured in any manner whatsoever so that such
mal permit requirements. shall be used for attraction of the public to any
place, subject, person, firm, corporation, public
performance, article, machine or merchandise
Ground sign means a sign supported by up
rights or braces in or upon the ground. whatsoever, which is displayed in any manner
whatsoever out-of-doors.
Marquee sign means a projecting sign attached Owner means the person owning the fee simple
to or hung from a marquee or such marquee shall title to the property upon which a sign is located
be known to mean a canopy or covered structure for which a permit is required.
projecting from and supported by a building,
when such canopy or covered structure extends Permittee means the person in possession or
beyond the building, building line or property having the beneficial use of property upon which
line. a sign is located for which a permit is required.
Supp.No. 2 CD94:3
§94-1 CAPE CANAVERAL CODE
Political sign means any sign used solely to Snipe sign means a small sign of any material,
J
present information suggesting a candidate's suit- including but not limited to paper, cardboard,
ability for elected public office or presenting an wood or metal, attached to any object and having
issue to be voted upon in the upcoming election. no application to the premises where located.
Portable signs means signs that may be hauled
or towed from one location to another, are self- Temporary signs means signs constructed of
supporting, are designed to be temporarily cloth, canvas, light fabric, cardboard, wallboard,
emplaced without a permanent base or fastening. plywood or other light materials,with or without
Projecting sign means a sign which is affixed to frames,intended to be displayed for a short period
any building wall or structure and extends be- of time only.
yond the building wall, structure,building line or
property line more than 12 inches. Vehicular sign means any sign on a motor
Public interest sign means a temporary sign vehicle.
used to advertise a charitable, educational or
religious special event. Wall sign means a sign that is affixed to the
Real estate sign means any sign used solely for wall of any building,when such sign shall project
the sale or lease of property on which the sign is not more than 12 inches from the building. Wall
located. signs may not extend above the roofline or facade.
(Code 1981, §§ 653.04, 653.19, 653.20; Ord. No.
Registered engineer means an engineer regis- 12-95, § 1, 6-20-95)
tered in the state who is in good standing with the Cross reference—Definitions and rules of construction
state board of engineering examiners. generally, §1-2.
Roof sign means any sign erected upon,against
or directly above a roof or on top of or above the Sec. 94-2. Purpose and scope.
parapet of a building.
Shopping center means a building with two or (a) The purpose of this chapter is to regulate
more businesses used for the display or sale of the design,construction and location of signs that
merchandise. will protect the safety and welfare of the public,
Sign means and includes every display, bill- eliminate dangerous and unsightly signs and pro-
board, ground sign, wall sign, roof sign, illumi- vide for adequate maintenance and inspection of
nated sign, projecting sign, temporary sign, mar- signs without impeding the inherent right of
quee, awning and street clock and includes any business to advertise and reasonably assist poten-
announcement, declaration, demonstration, dis- tial customers in locating and identifying any
play, illustration or insignia used to advertise or service or facility they may desire to use or any
promote the interests of any person when such is product they may desire to purchase.
placed out-of-doors in view of the general public.
Sign erector or contractor means any person (b) This chapter is intended to cover all require-
engaged in the construction, reconstruction or ments relative to types, sizes, heights, verbal
erection of any sign requiring structural frame- content, permissible locations, restrictions, per-
mits and licenses, inspections, indemnification,
work and support or using electric power or
requiring a scaffold for erection or applications. materials of manufacture and construction,meth-
ods of erection, maintenance, procedures for re-
Sign writer or painter means any person en- questing variances and penalties for violation of
gaged in the painting or application of signs on this chapter for all signs placed, installed and
windows,doors,walls,awnings or elsewhere,when erected within the city limits which are exposed to
such signs require no structural framework or the out-of-doors view of the public.
electric power. (Code 1981, § 653.02)
Supp.No.2 CD94:4
SIGNS §94
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Sec. 94-3. Administrator.
The building official shall act as administrator
of this chapter,acting in lieu of the city council.As
used in this chapter, the term "administrator"
shall include his authorized representative.
(Code 1981, § 653.03)
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SIGNS §94-7
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position, shape or color, it may interfere with, (d) Display of permit number. The sign permi
obstruct the view of or be confused with any for all signs requiring a permit shall be promi
authorized traffic sign, signal or device; or which nently displayed by the owner or user of the sign
makes use of any word commonly used on traffic on the property where the sign is located.
control signs or signals.Visibility at intersections
shall be in accordance with section 110-469. (e) Height, setback and location measurements.
(Code 1981, § 653.17) Measurements for height, setback and location
for all signs in all allowable districts shall be
made from that portion of the sign nearest that
Sec. 94-63. Lighting. point of
ground reference to which the measure-
Gooseneck reflectors,spotlights,floodlights and ment is to be made,but in no event,except for the
other lights shall be permitted on ground signs, thickness of wall signs, shall a sign of any kind
roof signs and wall signs. However, the reflectors project over public property or public rights-of-
shall be provided with proper glass lenses concen- way, whether affixed to a building or otherwise.
trating the illumination upon the area of the sign The height of signs shall be measured from grade
so as to prevent glare upon the street or adjacent level at the edge of the street paving and shall
property. include all decorative portions of the sign. All
(Code 1981, § 653.18) setback measurements shall be made from the
property lines as a point of reference to the
projecting edge or corner of the sign,unless other-
Sec. 94-64. Criteria and standards for mea- wise specified.
surement and placement.
(f) Ground signs. Ground signs lower than nine
(a) Area. The permitted area of signs, unless feet above grade, measured to bottom of sign,
otherwise specified in this chapter, is dependent shall be set back a minimum of six feet from the
on street frontage and shall be computed on the property line. Ground signs above nine feet from
basis of one square foot of sign area for each lineal grade level to the bottom of the sign shall be set
foot of frontage up to the maximums specified in back a minimum of two feet from the property
section 94-96 et seq. However, this computation line. Within a 50-foot arc of any intersection,
shall not serve to limit a sign area to less than 32 measured to the point of paving intersection, the
square feet. For the purpose of determining area, sign shall be a minimum of ten feet in height from
the total area is that within the smallest paral- the bottom of the sign to the grade level,with only
lelogram, triangle, circle or semicircle or combi- a single supporting member of eight inches or less
nations thereof which will completely enclose the between the sign and the ground.
outside perimeter of the overall sign, including
the border, if any, but excluding supports. Three- (g) Size limit. No sign shall be supported so
dimensional signs shall be measured at the larg- that the uppermost edge is more than 30 feet
est vertical cross section. above the ground.This subsection shall not apply
to any sign on the face of the building. Any sign
(b) Combinations of signs. Except where specif- which is not attached to a building shall not
ically permitted,the types and areas of signs may exceed 150 square feet on its largest front.
not be combined to allow a larger size than that (Code 1981, § 653.27)
listed for a single sign. Ground or projecting signs
may be placed at an angle on a corner at no Secs. 94-65-94-75. Reserved.
increase in size over that of a single sign.The sum
or the area of the faces visible from any one point
shall not exceed that allowed for a single sign. DIVISION 2. TYPES OF SIGNS
(c) Corner lots. Where two ground or projecting Sec. 94-76. Temporary on-premises signs.
signs are used on a corner lot, the area of both
(klkore' signs may not exceed the area allowed for front- (a) Temporary signs may be erected 60 days
age as provided in subsection (a) of this section. prior to the opening of a new business or start of
Supp.No. 2 CD94:9
§94-76 CAPE CANAVERAL CODE
construction. For good cause shown, the building (c) Location. Political signs shall not be placed
official may grant two additional extensions of 60 on any city-owned property or within any road or
days each. These signs shall be removed no later street right-of-way. No signs shall be posted on
than 30 days after the opening or after construc- trees, utility poles or fenceposts.
tion has stopped. Stoppage of construction shall
be defined as the issuance of a certificate of (d) Permits. Each candidate shall obtain a sign
occupancy (final or temporary), or the construc-
permit from the building department.This permit
tion has been abandoned (ceased) for a period of covers all signs placed by the candidate. Written
three months. consent of the property owner shall be submitted
to the building department prior to erecting the
(b) A temporary on-premises banner may be signs.Written permission of the property owner is
erected after application to and permit issued by not required for placement of signs in residen-
the building official to promote a matter of signif- tially zoned districts.
icant local,regional or national public interest for
a period not to exceed 30 days. (e) Deposit.A deposit as set forth in appendix B
(Code 1981, § 653.19(A); Ord. No. 11-95, § 1, to this Code shall be paid to the city before any
6-20-95) political signs are erected. The deposit shall be
refunded, provided the signs are removed within
Sec. 94-77. Off-premises signs and signs on five days of the election in which the candidate's
vacant land. name appears. If the signs are not removed, this
amount shall be used to defray the cost of removal
No of premises signs or signs on vacant land of the signs by the city.
shall be erected,posted,painted,tacked,nailed or
otherwise placed or located anywhere in the city. (f) District requirements.
This section shall not apply to real estate or (1) In residential districts (R-1, R-2 and R-3
N.)political signs. zones), two political signs, not more than
(Code 1981, § 653.20) five square feet in area each, shall be
allowed per lot.
Sec. 94-78. Political signs. (2) In commercial (C-1) and industrial (M-1)
(a) Time of erecting. No political signs shall be zones,political signs not exceeding 32 square
erected prior to the candidate qualifying for office. feet are allowed.Only one political sign per
candidate shall be allowed on any one lot or
(b) Specifications. The maximum size of a po- parcel of land, except for lots or parcels
litical sign shall not exceed 32 square feet in face with 250 feet or more frontage, where two
area. A double-faced (back-to-back) sign, or a signs shall be allowed.
V-shaped sign attached at one end shall be con- (Code 1981, § 653.21)
sidered one sign. Political signs shall be con-
structed out of exterior wood, no less than one- Sec. 94-79. Off-premises signs.
fourth inch in thickness,or hard plastic,masonite
or particle board, no less than one-fourth inch in Off-premises signs and signs on vacant prop-
thickness.No cardboard or paper shall be used in erty which exist on the effective date of the
the construction of any political sign, except as a ordinance from which this section is derived shall
paper face if it rests entirely on the materials remain until they are removed or fall into disre-
mentioned in this subsection and if it is securely pair, but in no case longer than December 31,
attached to the backing by adhesive over the 1993.A sign is in disrepair when so determined by
entire surface. Vehicle signs shall be allowed, the building official at his discretion.When a sign
provided they do not increase the dimensions of is determined to be in a state of disrepair,the city
vehicles in excess of one-eighth inch in any direc- shall notify the sign owner and the property
tion.All political signs shall be securely fastened, owner of the existing condition, and if the sign
anchored, placed and maintained so as not to owner or property owner fails or refuses to corn-
constitute a hazard. ply,the city may remove the sign with all costs to
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SIGNS §94-8
be borne by the sign owner or property owner.The period of three months. In the case of a public
procedure to be followed by the city upon deter- interest sign, a sign may be erected no more that
mination that a sign is in the state of disrepair once a year, and must be removed no later that
shall be the same as the procedure established in five days after the special event has concluded
section 34-66 et seq. relating to abatement of provided,however,that a public interest sign mai
nuisances. not be erected for more than a total of 30 days.
(Code 1981, § 653.22) (e) Signs may be placed in the R-2, R-3, C-1
Sec. 94-80. Billboards. and M-1 zones with limits as indicated:
(1) Astronaut Boulevard,minimum 50 feet from
No new billboards shall be erected in the city. the right-of-way, maximum height of 15
Any billboards erected in violation of this section feet.
shall be removed within 48 hours of notice to the
sign owner and property owner. If the sign owner (2) Old State Road 401, minimum ten feet
or property owner fails to remove the sign, the from the right-of-way, maximum height of
city shall do so at the sign owner's or property eight feet.
owner's expense. (3) Ridgewood Avenue,minimum ten feet from
(Code 1981, § 653.23) the right-of-way, maximum height of eight
feet.
Sec. 94-81. Temporary off-premises signs. If these zones are changed by a subsequent zon-
(a) Temporary off-premises signs are those signs ing change, the boundaries as defined by the
on property other than where the business or zoning ordinance in effect on the effective date of
activity is located. There shall be a limit of one the ordinance from which this section is derived
Loo.' sign per business or activity erecting a temporary shall transfer to the new zones in the exact
off-premises sign. locations as they presently are, regardless of the
changed zone classification.
(b) Temporary off-premises signs may be erected
only by the following: (f) The written consent of the property owner
(1) A housing project or subdivision within the must accompany each application for sign permit.
city consisting of ten or more residential The agent for the owner will verify in writing the
authority to execute a consent form.
units.
(Code 1981, § 653.24; Ord. No. 12-95, §§ 2, 3,
(2) Any new business opening within the city. 6-20-95)
(3) A charitable, educational or religious insti-
tution as defined in section 70-66, Code of 9
Ordinances, conducting a special event. (a) Marquee, as used in this chapter, shall
(c) Any such sign is limited in size to 50 square include any hood or awning of permanent con-
feet per face and may be double faced. It shall be struction projected from the wall of a building
constructed of sturdy materials as approved by above the entrance or extending over a thorough
the building official. There shall be no illumina- fare.
tion of any sort provided specifically for the sign. (b) In addition to the general sections of this
(d) The signs may be erected 30 days prior to chapter applicable to marquees, the following
the opening of a new business or construction of a shall apply:
new housing project and shall be removed no later (1) All marquees,including the anchors,bolts,
than 60 days after the opening or after housing support rods and braces, shall be designed
construction has stopped. Stoppage of construc- by a registered engineer and shall be prop-
tion shall be defined as the issuance of a certifi- erly guttered and connected by downspout
44ftre cate of occupancy (final or temporary), or the to a sewer so that the water therefrom will
construction has been abandoned (ceased) for a not drip or flow on the public property, and
Supp.No. 2 CD94:11
§94-82 CAPE CANAVERAL CODE
the roof thereof shall be used for no other such awnings and canopies shall be not less
3
purpose than to form and constitute a roof. than seven feet above the level of the
(2) No marquee shall be permitted to extend sidewalk and shall not extend beyond a
more than 20 feet from the exterior of the point two feet inside the curbline.
building closest to the road, but shall not (3) Every awning shall be securely attached to
come closer than ten feet from the property and supported by the building,and posts or
line. columns beyond the building line shall not
(3) A marquee shall be supported solely to the be permitted. When such building is less
building to which it is attached, and no than ten feet from public property, no aw-
columns or posts shall be permitted as ning shall be attached to the wood jambs,
support thereof. The roof of any marquee frames or other wood members of the build-
shall be designed and constructed to sup- mg.
port a live load of not less than 100 pounds (Code 1981, § 653.26)
per square foot, except that this subsection
shall not apply to awnings. No marquee Secs. 94-84-94-95. Reserved.
shall be erected on any building of wooden
frame construction unless attached to the DIVISION 3. DISTRICT REGULATIONS*
masonry, concrete or steel supports of the
building. Sec. 94-96. R-1 low density residential dis-
(4) Signs attached to or hung from a marquee trict.
shall be completely within the borderline of
the marquee outer edge. (a) The following signs are permitted in the R-1
(Code 1981, § 653.25) low density residential district:
(1) Real estate signs, not exceeding six square
Sec. 94-83. Awnings and canopies. feet in area,located on the property offered.
There shall be no more than two of these
(a) An awning shall include any structure made signs per property.
of fire resistant cloth, metal or plastic with a
metal frame attached to a building and projecting (2) Political signs, in accordance with section
over a sidewalk or thoroughfare when the struc- 94-78.
ture is so erected as to permit its being raised or (3) Construction signs and future improve-
lowered to a position flat against the building ment signs, in accordance with section 94-
when not in use. 76.
(b) A canopy shall include any structure other (4) A home occupation sign which is
than an awning, made of fire resistant cloth, nonilluminated and which does not exceed
plastic or metal with metal frames attached to a two square feet in area may be displayed if
building, projecting over a thoroughfare or side- it is affixed flat against the exterior surface
walk and carried by a frame supported by the at a position not more than two feet distant
ground or sidewalk. from the main entrance of the dwelling
unit concerned. There shall be no more
(c) The following shall apply to awnings and than one of these signs per unit.
canopies:
(b) Any sign not specifically permitted in the
(1) Canopies and awnings may be constructed R-1 district is prohibited.
of fire resistant cloth, metal or plastic, but (Code 1981, § 653.28(A))
all frames and supports shall be metal. Cross reference—R-1 low density residential district, §
(2) No canopy shall exceed ten feet in width,
110-271 et seq.
but there is no limitation on the width of *Cross reference—Supplementary zoning district regula-
awnings. All such awnings or portions of tions, § 110-466 et seq.
Supp.No.2 CD94:12
SIGNS §94-9
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Sec. 94-97. R-2 medium density residential
district.
(a) The following signs are permitted in the R-2
medium density residential district:
(1) Real estate signs, not exceeding 32 square
feet in area or six square feet if on single-
family or duplex lots. There shall be no
more than two of these per property.
(2) Political signs, in accordance with section
94-78.
(3) Construction signs and future improve-
ment signs, in accordance with section 94-
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Supp.No. 2 CD94:12.1
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ZONING
person shall cause or permit the estab- is found by a court of law to have had a
lishment of an adult entertainment right to operate within 500 feet of
establishment within 500 feet of an- another such establishment or within
other such establishment or within 1,000 feet of any pre-existing religious
1,000 feet of any pre-existing religious institution, school,public park or area
institution, school, public park or any zoned for residential use shall be dis-
residentially zoned district (R-1, R-2, continued by September 1, 1989, if
R-3). This subsection shall apply to such business continues to be within
adult entertainment establishments in 500 feet of another such business or
the city and religious institutions,pub- within 1,000 feet of any religious insti-
lic parks and areas zoned for residen- tution,school,public park or area zoned
tial use that lie outside of the city. for residential use.If two or more adult
c. Permissible locations. Notwithstand- entertainment establishments are lo-
ing any other section of this chapter, cated within 500 feet of each other and
except that contained in subsection qualify under this subsection as non-
(c)(11)b.of this section,adult entertain- conforming uses, the first of such es-
ment establishments shall be allowed tablishments to have initiated opera-
in the M-1 zoning district by special tions within the city, provided it
exception. otherwise complies with all applicable
sections of this chapter, shall be per-
, d. Measurement of distance. The distance witted to continue operation at its es-
between any two adult entertainment tablished location, and the location of
establishments shall be measured in a all other adult entertainment establish-
straight line, without regard to inter- ments that continue to be within 500
Lisof vening structures, from the closest ex- feet of such establishment shall be
terior structural wall of each such es- discontinued by September 1, 1989.
tablishment.The distance between any
adult entertainment establishment and f. Waiver. The city council may waive the
any religious institution, public park distance requirements of subsection
or school shall be measured in a straight (c)(11)d. of this section if it finds:
line, without regard to intervening 1. The proposed use will not be con-
structures, from the closest exterior trary to the public interest or in-
structural wall of the adult entertain- jurious to nearby properties and
ment establishment to the closest prop- the spirit and intent of this chap-
erty line of the religious institution, ter will be observed;
public park or school. The distance 2. All applicable sections of this chap-
between any adult entertainment es- ter and article W of chapter 10 of
tablishment and an area zoned for this Code will be observed; and
residential use shall be measured in a
straight line, without regard to inter- 3. The proposed use will not be con-
vening structures, from the closest ex- trary to any adopted land use plan.
terior structural wall of the adult en- (12) Permanent security living facilities, sub-
tertainment establishment to the ject to an annual review and the following:
nearest boundary of the area zoned for
residential use. a. Maximum size not to exceed 800 square
feet.
e. Amortization of nonconforming uses.
The operation of an adult entertain- b. Security personnel only; no children
ment establishment which, on the ef- allowed.
fective date of the ordinance from which c. Facility to be used exclusively for se-
this section is derived, is operating or curity purposes.
Supp.No.2 CD110:43
§ 110-355 CAPE CANAVERAL CODE
(13) Restaurants. (4) Rear, 15 feet,except where industrial prop-
(14) Public buildings. erty abuts a residential district, in which
case the minimum rear yard requirement
(Code 1981,§638.07;Ord.No. 13-95,§ 1,9-19-95) shall be 25 feet.
Cross reference—Adult entertainment,§10-86 et seq.
(5) Public or private street, 25 feet.
Sec. 110-355. Prohibited uses and structures.
In the M-1 light industrial and research and (b) See section 110-536 for special setbacks.
development district,the following uses and struc- (Code 1981, § 638.11)
tures are prohibited:
(1) All uses not specifically or provisionally Sec. 110-358. Landscaping, screening and
permitted in this division and uses not in parking.
keeping with the light industrial and re-
search and development character of the In the M-1 light industrial and research and
district. development district, landscaping, screening and
(2) Any use deemed objectionable by the stan-
parking shall be as provided in article IX of this
dards established in section 110-466 et seq. chapter.
(Code 1981, § 638.09) (Code 1981, § 638.13)
Sec. 110-356. Area and dimensions. Sec. 110-359. Performance standards.
In the M-1 light industrial and research and
development district, the area and dimensions In the M-1 light industrial and research and
shall be as follows: development district,performance standards shall
be as provided in section 110-466 et seq.
(1) Minimum lot area shall be 10,000 square (Code 1981, § 638.15)
feet.
(2) Minimum lot width shall be 75 feet. Sec. 110-360. Parking and loading.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent. In the M-1 light industrial and research and
(5) Minimum floor area shall be 300 square development district,offstreet parking shall be as
feet. provided in section 110-491 et seq. and offstreet
loading shall be as provided in section 110-506 et
(6) Maximum height shall be 40 feet. seq.
(Code 1981, § 638.11) (Code 1981, ch. 638.17)
Sec. 110-357. Minimum setbacks.
(a) In the M-1 light industrial and research Secs. 110-361-110-370. Reserved.
and development district, the minimum setbacks
required shall be as follows:
(1) Front, 25 feet. (See subsection (b) of this DIVISION 7. TOWNHOUSES
section.)
(2) Side(interior lot line), 15 feet,except where Sec. 110-371. Permitted use.
industrial property abuts a residential dis-
trict, in which case the minimum side in- Townhouses are permitted as an allowed use in
terior lot shall be 25 feet. R-2 and R-3 districts.
(3) Side (corner lot line), 25 feet. (Code 1981, ch. 639)
Supp.No. 2 CD110:44
ZONING § 110-31
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.
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APPENDIX
A
FRANCHISES
Article I. Cable Communications
Sec. I. Short title.
Sec. II. Definitions.
Sec. III. Grant and terms.
Sec. IV. Compliance with applicable laws and ordinances.
Sec. V. Service standards.
Sec. VI. Notice of interruption for repairs.
Sec. VII. Conditions on street occupancy.
Sec. VIII. Council rights in franchise.
Sec. IX. Protective and indemnity provisions.
Sec. X. Charges and services.
Sec. XI. Compensation to the city.
Sec. XII. Interruptions.
Sec. XIII. Service availability.
Sec. XIV. Acceptance.
Sec. XV. Conflicting ordinances.
Sec. XVI. Extension of city limits.
Sec. XVII. Separability.
Sec. XVIII. Reserved.
Sec. XIX. Proposed channel system.
Sec. XX. Assignment of franchise.
Sec. XXI. Prohibitions.
Sec. XXII. Breach clause.
Sec. XXIII. Method of publication.
Article II. Electric
Sec. 1. [Grant.]
Sec. 2. [Acceptance by grantee.]
Sec. 3. [Location of facilities.]
Sec. 4. [Liability.]
Sec. 5. [Rates,rules and regulations.]
Sec. 6. [Amount of payments by grantee to grantor.]
Sec. 7. [Monthly payments.]
Sec. 8. [Competition by grantor.]
Sec. 9. [Forfeiture.]
Sec. 10. [Validity.]
Sec. 11. [Repeal of conflicting ordinances.]
Sec. 12. [Effective date.]
Article III. Gas
Sec. 1. Definitions.
Sec. 2. Franchise,grant of.
Sec. 3. Florida Public Service Commission, authority of, and rates for
first three years.
Sec. 4. Consideration.
Sec. 5. Plans and specifications—Filing with city.
Sec. 6. Pipelines—Manner of laying.
Sec. 7. Manner of construction.
Sec. 8. Right of city to purchase.
Sec. 9. Extensions of mains.
Sec. 10. Commencement of construction.
Supp.No. 2 CDA:1
CAPE CANAVERAL CODE
Sec. 11. h
Sc edule of rates—Filing with city.
Sec. 12. Liability insurance.
Sec. 13. Compensation to city.
Sec. 14. Forfeiture,causes for.
Sec. 15. Maps showing location of mains—Filing with city.
Sec. 16. Regulations for work under franchise.
Sec. 17. Emergency.
Sec. 18. Gas meters,maintenance and inspection of.
Sec. 19. Rules of company for conduct of business.
Sec. 20. Records, access of city to.
Sec. 21. Deposit of guarantee with city.
Sec. 22. Customers outside city,no liability for payment of revenue from.
Sec. 23. Approval of transfer.
Sec. 24. Rules of federal utilities commission prevail.
Sec. 25. Streets,regulation of by city.
Sec. 26. Taxes,right of city to levy and collect.
Article IV. Telephone
Sec. 1. Definitions.
Sec. 2. Grant of permission.
Sec. 3. Compliance with applicable law and ordinances.
Sec. 4. Company liability:indemnification.
Sec. 5. Conditions on street occupancy.
Sec. 6. Transfer of rights granted herein.
Sec. 7. Fees paid by company.
Sec. 8. Inspection of records.
Sec. 9. Terms of rights granted.
Sec. 10. Limitations on obligations of city.
Sec. 11. Severability.
Article V. Water Franchise
3
Supp.No.2 CDA:2
APPENDIX A—FRANCHISES Art.IV,§
‘1100'
Section 23. Approval of transfer. ARTICLE IV. TELEPHONE*
AN
The company shall not sell or transfer its plant ORDINANCE OF THE CITY OF CAPI
or system to another, nor transfer any rights CANAVERAL, BREVARD, COUNTY, FLORIDA
under this franchise to another without council AMENDING ARTICLE IV, TELEPHONE, Of
approval. No sale or transfer shall be effective APPENDIX A, FRANCHISES, BY GRANTING
until the vendee, assignee, or lessee has filed in TO BELLSOUTH TELECOMMUNICATIONS
the office of the city clerk an instrument, duly INC., ITS SUCCESSORS AND ASSIGNS, PER.
executed, reciting the fact of such sale, assign-
MISSION AND THE RIGHT TO USE THE PUB•
ment or lease, accepting the terms of the fran- LIC ROADS, STREETS, HIGHWAYS, AND
chise and agreeing to perform all the conditions RIGHTS OF WAY OF THE CITY TO OPERATE
thereof. AND MAINTAIN A TELECOMMUNICATIONS
SYSTEM IN THE CITY;SETTING FORTH CON-
DITIONS AND OBLIGATIONS ACCOMPANY-
Section
CCOMPANYSection 24. Rules of federal utilities commis- ING THE GRANT OF SUCH PERMISSION;PRO-
sion prevail. VIDING FOR SEVERABILITY;AND PROVIDING
FOR AN EFFECTIVE DATE.
In the event of any conflict between the terms of
this ordinance and rules and regulations of the BE IT ORDAINED BY THE CITY OF CAPE
federal [utilities commission] and Florida Public CANAVERAL, BREVARD COUNTY, FLORIDA,
Service Commission now or hereafter in effect, THAT:
the rules and regulations of such commission
shall prevail; except that [sic] where such rules Section 1. Definitions.
and regulations provide standards less stringent
than provided for herein or hereafter adopted, For the purposes of this ordinance, the follow-
and said standards shall continue in force and ing terms, phrases, words and their derivations
effect where permitted by said commissions. shall have the meaning given herein. When not
inconsistent with the context, words used in the
Section 25. Streets, regulation of by city. present tense include the future, words in the
plural number include the singular number, and
words in the singular number include the plural
a. Nothing in this ordinance shall be construed number. The word "shall" is always mandatory
as a surrender by the city of its right or power to and not merely directory.
pass ordinances regulating the use of its streets
and other public ways. (1) City is the City of Cape Canaveral,Florida.
(2) Company is BellSouth Telecommunica-
b. Granting of this franchise shall not excuse tions, Inc., its successors and assigns.
the company herein from paying a reasonable (3) Council is the city council of the City of
annual occupational license fee to the city. Cape Canaveral, Florida.
(4) Person is any person, firm, partnership,
Section 26. Taxes, right of city to levy and association, corporation, company or orga-
collect. nization of any kind.
*Editor's note—Ordinance No. 24-95, §§ 1-11, adopted
Nothing herein shall be construed as affecting September 19,1995,amended the code by repealing article IV
and adding a new article IV. Formerly, such article granted
in any manner the right of the city to levy or franchise to Southern Bell Telephone and Telegraph Company
Lire collect taxes payable by the consumer for services
provided by the gas company as now authorized. and derived from an ordinance adopted on August 3, 1965.
Cross reference—Public service tax, §70-26 et seq.
Supp.No.2 CDA:19
Art.IV,§2 CAPE CANAVERAL CODE
Section 2. Grant of permission. lation, presence and operation of the company's
3
There is hereby granted by the city to the system authorized herein. The acceptance by the
company the right and privilege to construct, company of this ordinance shall be an agreement
erect, use, operate and maintain, in upon, along, by it to pay the city any sums of money for which
across, above, over and under the roads, streets, the city may become liable by reason of such
injury or damage.
highways and other public rights-of-way of the
city now or hereafter laid out or dedicated, such Section 5. Conditions on street occupancy.
poles, wires, cables, underground conduits, man-
holes and other telecommunication fixtures as (1) Use. All poles, wires, cables, underground
may be necessary or proper for the maintenance conduits, manholes and other telecommunica-
and operation of a telecommunications system tions fixtures erected by the company in, upon,
and lines connected therewith. In the event the along, across, above, over and under the roads,
city shall hereafter extend its boundaries beyond streets,highways and public rights-of-way within
its boundaries as now fixed and established by the city shall be so located as to cause minimum
law, the company shall be subject to all terms, interference with the use of the roads, streets,
conditions and limitations of the grant within highways and rights-of-way by the traveling pub-
such area, as fully and to the same extent as if lic and to cause minimum interference with the
such annexed territory had constituted a part of rights or reasonable convenience of property own-
such city upon the date hereof. ers who adjoin any of the roads,streets,highways
The permission and right to use and occupy the and public rights-of-way.
roads, streets,highways and public rights-of-way (2) Restoration. In case of any disturbance by
for the purposes herein set forth shall not be the company of pavement, sidewalk, driveway or
exclusive,and the city reserves the right to grant other surfacing,the company shall,at its own cost
a similar use of such streets, alleys, public ways and expense,replace and restore all paving,side-
and places, to any person at any time during the walk, driveway or surface of any street or alley
period of the permission granted herein. disturbed, in substantially as good condition as
before such work was commenced.However,should
Section 3. Compliance with applicable law the company fail to do so after 30 days' advance
and ordinances. notice in writing to the company by the city
The company shall,at all times during the term manager, the city may repair and replace such
provided herein, be subject to all lawful exercise portions of the sidewalk or street or other public
of the police power by the city, and to such place that may have been disturbed by the corn-
reasonable regulation as the city shall hereafter pany,and the cost of the same shall be paid by the
by resolution or ordinance provide;provided,how- company.
ever, that such regulation shall not be inconsis- (3) Relocation. In the event that at any time
tent with the rights granted herein. during the term of the rights granted herein the
city shall lawfully elect to alter or change the
Section 4. Company liability: indemnifica- grade of any road,street,highway or other public
tion. right-of-way,the company upon reasonable notice
The company shall indemnifyby the city, shall make any necessary removals,
p y the city against, relaying and relocations of its poles,wires,cables,
hold the city and its officers, agents and employ- underground conduits, manholes and other tele-
ees harmless from, and assume all liabilities for communications fixtures at its own expense.
damages, judgments, claims, expenses, interest
and costs, including costs and reasonable attor- (4) Temporary removal of facilities for building
ney's fees, which may arise or accrue to the city moving. The company shall,on the request of any
for injury to persons or property from the doing of person holding a building moving permit issued
any work herein authorized, or which may arise by the city, temporarily raise or lower its cables,
in any way from or in connection with the instal- wires and other fixtures to permit the moving of
Supp.No.2 CDA:20
APPENDIX A—FRANCHISES Art.IV,§1
L
buildings. The expense of such temporary re- August 31, 1995, shall be made on or beforE
moval, raising or lowering of wires shall be paid February 28, 1996, and shall be for the permis•
by the person requesting, and the company shall sion year October 3, 1995 through October 2.
have the authority to require such payment in 1996. Subsequent payment shall be made on ox
advance. The company shall be given not less before February 28 of each year for which the
than 48 hours advance notice of arrangement for permission is herein granted.
such temporary changes.
Section 8. Inspection of records.
(5) Tree trimming. The company shall have the
authority to trim trees upon and overhanging If the city wishes to verify payments to the city
streets, alleys, sidewalks and public places of the under this ordinance, the company shall permit
city so as to prevent the branches of such trees the city or a designated representative of the city,
from coming in contact with the wires,cables and upon reasonable advance written notice, to re-
the fixtures of the company or otherwise interfer- view the company's billing and payment records
ing with the company's access or use of its facili- upon which the payments were based, during
ties.All trimming shall be done under the super- normal business hours at the location of the
vision and direction of and at the expense of the company where such records are maintained.
company. However, no company records may be duplicated
or taken from the company's premises, and the
Section 6. Transfer of rights granted herein. city shall maintain the confidentiality of the in-
formation disclosed in these records and use the
If the rights granted herein are transferred or information solely for the purposes of verifying
assigned by the company to any third party payments by the company. Such company records
incident to a sale or other transfer of the compa- maintained by the company for the period pre-
ny's system or plant, the transferee or assignee scribed by the Federal Communications Commis-
shall be obligated to comply with all of the terms sion and/or the Florida Public Service Commis-
and conditions of this ordinance. sion.
Section 7. Fees paid by company. Section 9. Terms of rights granted.
In consideration for the permission, rights and The permission and rights herein granted shall
privileges herein granted, the company shall pay take effect and be in force from and after October
to the city annually a sum equal to one percent of 3, 1995, and upon filing of acceptance by the
the gross receipts of the company on recurring company with the city clerk, shall continue in
local service revenues for services provided within force and effect for a term of 15 years after the
corporate limits of the city by the company, pro- effective date of this franchise. If such acceptance
vided that there shall be credited against such is not filed within 90 days of the date of adoption
sum being paid to the city the amount of all taxes, of this ordinance [September 19, 1995], the pro-
licenses, fees and other impositions (except ad visions of this ordinance shall be null and void.
valorem taxes and amounts for assessments for
special benefits,such as sidewalks,street pavings Section 10. Limitations on obligations of city.
and similar improvements and occupational li- The city shall not, as a result of this ordinance,
cense taxes) levied or imposed by the city upon be compelled to maintain any of its property or
the company and paid during the preceding fiscal public rights of way any longer than, or in any
year as defined herein. Payment shall be made to fashion other than,its own business or needs may
the city for each of the years that this ordinance is require.
in effect and shall be based on the receipts of the
company for the preceding fiscal year. For the Section 11. Severability.
purpose of this payment, such fiscal year shall
end on August 31. This first such payment shall If any section, paragraph, phrase or word of
be based on the receipts for the fiscal year ending this ordinance is held to be unconstitutional or
Supp.No. 2 CDA:21
Art.IV,§ 11 CAPE CANAVERAL CODE
invalid, suchortion shall all not affect the remain-
ing portions hereof, and it shall be construed to
have been a legislative intent to pass this ordi-
nance without such unconstitutional or invalid
part.
ADOPTED BY the City Council of the City of
Cape Canaveral,Florida,this 19th day of Septem-
ber, 1995.
/s/ John K. Porter
Mayor
ATTEST:
/s/ Sandra O. Sims
City Clerk
APPROVED AS TO FORM:
/s/ Kohn Bennett
City Attorney
ARTICLE V. WATER*
3
*Editor's note—The water franchise has been handled by
an interlocal agreement between the City of Cape Canaveral,
Florida,and the City of Cocoa,Florida.A copy of said agree-
ment is on file in the city clerk's office.
Supp.No. 2 CDA:22
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
Impact Fees
Amount
Nonresidential
Residential (per square Code
(per ERU) foot) Section
(a) Parks and recreation $151.55 $ 0.00 2-233
(b) Library 80.03 0.00 2-233
(c) General government 105.71 0.148 2-233
(d) Police 124.79 0.112 2-233
Amount
Equivalency Nonresidential
Factor Residential Nonresidential (per 1,000 Code
(2) (per unit) (per square foot) square feet) Section
(e) Fire and rescue impact fee by
land use: 2-233
(1) Residential: Base residen-
tial equivalent 1.00
a. Single-family detached 1.00 $72.36
b. Multi-family 0.80 57.88
c. Mobile home 0.80 57.88
d. Hotel/motel 0.30 21.70
(2) Nonresidential:Base nonres-
idential equivalent 1.00
a. Industrial/warehouse 0.18 $0.019 $18.71
b. General office 0.17 0.018 17.67
c. Retail:
1. Under 100,000
square feet 1.00 0.104 103.92
2. 100,001 to 299,999
square feet 0.95 0.099 98.72
3. 300,000 square feet
and over 2.10 0.218 218.22
Chow` d. Recreation 0.08 5.79 per acre
Supp.No.2 CDB:3
CAPE CANAVERAL CODE
Amount
3
Equivalency Nonresidential
Factor Residential Nonresidential (per 1,000 Code
(2) (per unit) (per square foot) square feet) Section
e. Civic center 1.60 0.166 166.27
f. Schools 0.08 5.79 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 $205.80
b. Multi-family,over 2 sto-
ries 0.80 164.64
c. Mobile home,over 2 sto-
ries 0.80 164.64
d. Hotel/motel, over 2 sto-
ries 0.30 61.74
(2) Nonresidential:Base nonres-
idential equivalent
a. Industrial/warehouse,
over 25,000 square feet
or 25 feet in height 0.18 $0.053 $53.20
b. General office, over
50,000 square feet or 25
feet in height 0.17 0.050 50.25
c. Retail, over 50,000
square feet or 25 feet in
height:
1. Under 100,000
square feet 1.00 0.295 295.57
2. 100,001 to 299,999
square feet 0.95 0.281 280.78
3. 300,000 square feet
and over 2.10 0.621 620.68
d. Recreation Not applicable
e. Civic center,over 50,000
square feet or 25 feet in
height 1.60 0.473 472.91
3
Supp.No. 2 CDB:4
APPENDIX B—SCHEDULE OF FEES
L
Amount
Equivalency Nonresidential
Factor Residential Nonresidential (per 1,000 Code
(2) (per unit) (per square foot) square feet) Section
f. Schools, over 50,000
square feet or 25 feet in
height 0.08 16.47
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: 10-115
a. Adult bookstore 400.00
Lire b. Massage establishment 200.00
c. Adult motion picture theaters:
1. Having only adult motion picture booths, each
booth 35.00
2. Having only a hall or auditorium, each seat or
place 3.50
3. Designed to permit viewing by patrons seated in
automobiles, each speaker or parking space 3.50
4. Having a combination of any of the places listed
in items (2)c.1.-3., the fee shall be the fee
applicable to each
d. Adult dancing establishment 400.00
(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
Supp.No. 2 CDB:5
CAPE CANAVERAL CODE
3
Code
Description Amount Section
Article II. Alarm Systems
(a) Failure to provide response to alarm location, each occur-
rence 150.00 30-29
(b) False alarm, second or subsequent response within a six-
month period 150.00 30-31(c)
(c) Appeal of determination of false alarm, filing fee 10.00 30-31(e)
(d) Permit fee 15.00 30-48(b)
Chapter 34. Environment
Article IV Weeds and Dead Vegetation 34-121
(a) Fees for mowing unimproved platted lots within the city:
(1) Avon-by-the-Sea:
a. For one lot 26.50
b. For each additional lot under one ownership 19.50
(2) Cape Canaveral Beach Gardens:
a. For one lot 32.50
b. For each additional lot under one ownership 26.00
Article VI. Abandoned Property
(a) Storage fees, per day 10.00 34-188
Chapter 38. Fire Prevention and Protection
Article IV Fireworks
(a) Permit for public display of fireworks 50.00 38-83
Chapter 62. Solid Waste
(a) Collection fees: 62-5
(1) Single-family, duplex and triplex, per unit per month . . 8.24
(2) Mobile home units and individual apartments or condo-
miniums, per unit per month 5.56
(3) Individual commercial business accounts with trash
cans, per unit per month 10.27
(4) Commercial dumpsters used by commercial businesses,
apartment complexes and condominiums, per
containerized yard per month 25.56
3
Supp.No. 2 CDB:6
APPENDIX B—SCHEDULE OF FEES
Lore
Code
Description Amount Section
(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 3.65
(6) Recycling service, per dwelling unit per month 2.02
(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
Lasie' 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 1.96 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
Supp.No. 2 CDB:7
CAPE CANAVERAL CODE
j
Code
Description Amount Section
(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
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
Nkir.)
Supp.No. 2 CDB:8
APPENDIX B SCHEDULE OF FEES
‘110,
Code
Description Amount Section
(e) Impact fees: 78-129
(1) Residential:
a. Each single-family dwelling unit 2,274.13
b. Each residential unit of a multiple-family unit,
duplex, triplex and/or apartment unit 2,274.13
c. Each condominium unit 2,274.13
d. Each mobile home space 2,274.13
(2) Commercial. The impact assessment fee shall be the
greater of $2,274.13 or the amount calculated for the
uses described below:
a. Barber and beauty shops, per chair 568.53
b. Bowling alleys, per lane 568.53
c. Churches, per seat 16.78
d. Dentist offices, per dentist 1,421.34
Liov. e. Doctor offices, per doctor 1,421.34
f. Food service operations:
1. Restaurant, per seat 284.27
2. 24-hour restaurant, per seat 426.41
3. Bar and cocktail lounge, per seat 170.10
4. Drive-in restaurant, per car space 284.27
g. Hospitals, per bed 1,421.34
h. Hotels, motels, per room 852.79
i. Laundry facilities, per washing machine 2,274.13
j. Nursing, rest homes, per person 568.53
k. Office building, per worker 114.17
1. Schools, per student 142.14
m. Service stations, per water closet and per urinal1,421.34
n. Shopping centers without food or laundry,per square
foot of floor space 0.56
o. Stores without food service, per square foot of floor
space 0.56
Lire p. Theaters, indoor, per seat 27.97
Supp.No. 2 CDB:9
CAPE CANAVERAL CODE
Code
3
Description Amount Section
q. Travel trailer park without water and sewer hookup,
per space 426.41
r. Travel trailer park with water and sewer hookup,
per space 568.53
(3) Industrial:
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$2,274.13 to determine the applicable impact
fee.
2. The impact fee associated with the number of 3
workers in an office building shall be that listed
under the commercial facilities. The number of
workers shall be multiplied by$114.17 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 $2,274.13.
(4) Reinstatement fee after connection shutoff 75.00 78-122
(5) Off-site sewage pumping fee: 78-131
a. Per day 100.00
b. Plus, per gallon 0.05
Article III. Service Rates, Deposits and Billing Procedures
(a) Deposit for sewer and garbage and trash collection: 78-151
(1) Residential 65.00
(2) Industrial/commercial 200.00
(b) Monthly sewer rates: 78-152
(1) Single-family residential, per unit 17.84
(2) Multi-family,group 1(more than one bedroom per unit):
Supp.No. 2 CDB:10
APPENDIX B—SCHEDULE OF FEES
L
Code
Description Amount Section
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
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 75.00 78-153
Lirse (2) Removing plug on sewer line when owner has own water 78-154
supply 25.00
L
Supp.No. 2 CDB:10.1
J
J
J
APPENDIX B—SCHEDULE OF FEES
L
Code
Description Amount Section
(d) Application for appeal of administrative decision 100.00 110-92
(e) Site plans: 110-223
(1) Fee schedule. The fee schedule for site plan review shall
be:
a. One, two and three residential units 37.50
b. Four or more residential units 50.00
Plus $7.50 per unit, not to exceed $500.00
c. Commercial structures, per acre of land or portion
thereof 150.00
d. Extension of site plan 150.00
(2) Resubmission.Changes to originally approved site plans
shall be charged at a rate equal to 50 percent of the
original fee.
(1) Fence height exemption filing fee 35.00 110-470
(Res. No. 90-22, § 1, 4-18-90; Res. No. 90-35, § 1, 6-19-90; Res. No92-12, § 1, 3-17-92; Res. No. 92-18, §
1,4-21-92;Res.No.92-19,§ 1,4-21-92;Res.No.92-56,§ 1, 10-20-92;Res.No. 93-08,§ 1,5-4-93; Ord.No.
(111klire 31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23, § 1,
5-3-94; Res. No. 94-94; § 1, 7-19-94; Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95; Res. No.
95-22, § 1, 6-29-95; Res. No. 95-23, § 1, 6-29-95)
L
Supp.No. 2 CDB:15
J
J
3
CODE COMPARATIVE TABLE
LieOrdinance/
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
Le 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
L
Supp.No. 2 CCT:13
CAPE CANAVERAL CODE
Ordinance/ 'W/
Resolution Section
Number Date Section this Code
4 102-39(d)(1)a.,b.
5 102-41(b)(1),(dX1)
31-94 8- 2-94 1 58-56
35-94 9-20-94 1 78-152(a)
36-94 9-20-94 1 Added 16-60, 16-61,
16-63--16-68
1-95 2-21-95 1 Rpld 2-28
3-95 2-21-95 1 Added 82-32(3.1)
4-95 2-21-95 1 70-29(a)
5-95 2-21-95 1 38-2(d)
6-95 3-21-95 1 Added 74-63
7-95 3-21-95 1 Added 78-176-78-179
Added 78-191-78-197
8-95 5- 2-95 1 Dltd 78-176-78-179
Dltd 78-191-78-197
Added 78-176-78-180
Added 78-191-78-200
10-95 8-15-95 1 34-121
2 34-122
3 Dltd 34-124
4 Dltd 34-125
5 34-126
11-95 6-20-95 1 94-76
12-95 6-20-95 1 94-1
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(cX13),(14)
14-95 8-15-95 1 Added 54-46-54-55
15-95 8-15-95 1 3048
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
3
Supp.No. 2 CCT:14
‘111111me
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
‘111.009 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
Lio'l Char.Art.XVII, § 1 ch. 218 Char.Art.XVIII
Char.Art.XVII,§§3-6 218.32 Char.Art.XVII, §9
Supp.No. 2 SLT:1
CAPE CANAVERAL CODE
F.S. Section F.S. Section
3
Section this Code Section this Code
218.33 Char.Art.XVII,§ 1 633.022 Ch.38,Art. II
232.03 10-139 633.025 Ch.38,Art. II
ch.233 10-86 658.98 2-206
ch. 252 Ch. 18 ch. 705 34-180
ch.280 Char.Art.XVII,§8 705.101 et seq. Ch. 34,Art.VI
ch. 286 Ch. 2,Art.II,Div.3 ch. 718 110-404
286.011 Char.Art.V, § 1 768.28 Char.Art.XXIV,
ch.316 74-1 § 11,
74-63 Char.Art.XXIV,
316.194 74-56 § 12
316.195 34-34 775.082 Ch. 50
316.293 Ch.34,Art.V 50-1
316.650 Char.Art.XIII,§6 775.083 Ch.50
316.1936 Ch. 6,Art. III,Div.2 50-1
316.1945 74-56 790.15 50-1
Ch. 318 74-63 ch. 791 Ch.38,Art. IV
320.823 82-81 791.01 38-81
82-88 ch. 794 80-1
370.12 Ch. 14,Art. III ch. 796 10-86
380.04 86-2 80-1
ch. 381 10-163 ch. 800 10-86
ch.386,pt.I 10-62 80-1
400.402 110-1 806.01 10-86
403.91 et seq. Ch. 106,Art.II 806.10 10-86
403.413 Ch. 34,Art.II 806.13(2)(c) 10-86
403.415 Ch.34,Art.V 806.111 10-86
403.702 et seq. Ch.62 ch.810 80-1
403.801 et seq. 106-29 ch. 812 80-1 .....)
ch.471 82-322 ch. 817 80-1
471.003 82-322 839.13 1-13
471.005 82-322 ch.847 10-169
ch.480 10-86 847.013,847.014 10-86
10-175 849.09(2) 10-86
480.034 10-86 849.10 10-86
ch.481 82-322 849.25(3) 10-86
489.105 82-322 865.09 10-114
489.119 82-322 870.041 et seq. Ch. 18
489.129 82-322 877.03 10-86
489.131(3)(e) 70-85 ch. 893 80-1
ch.517 10-86 893.13 10-86
ch. 553 Ch 82 ch.901 Char.Art.XIII,§4
553.71 82-322 901.25 Char.Art.XIII,§5
553.71(7) 82-322 943.25(13) 50-3
553.77 82-322
553.79 82-322
553.79(7) 82-321
82-323
Ch.82,Art.XIII
553.900 Ch.82,Art.IX
ch.561 6-52
ch. 561 et seq. Ch.6
561.01 6-51
561.01(4)(a) 110-1
562.14 6-26,6-27
562.45 6-27
565.02(4) 110-171
ch.h.633633 Ch.Ch.38
Supp.No. 2 SLT:2
CODE INDEX
L1109.
Section Sectioi
ALCOHOLIC BEVERAGES—Cont'd. ANNEXATIONS–Cont'd.
Motor vehicles Land development code regulations re zon-
Definitions 6-66 ing 110-26 et seq
Exceptions 6-69 See: LAND DEVELOPMENT CODE
Open containers prohibited 6-68
Policy and intents 6-67 ANNUAL BUDGET.See:BUDGET
Open containers APPROPRIATIONS
Prohibited in motor vehicles 6-68 Certain ordinances not affected by Code... 1-10(a)(6)
Parking areas
Possession and consumption 6-51 ARCHITECTURE
Parks and recreation areas Beautification board generally 2-181 et seq.
Possession and consumption 6-52 See: BEAUTIFICATION BOARD
Penalty 6-1 ASSOCIATIONS
Streets, alleys, sidewalks and parking az- Persons; definitions and rules of construc-
eas,possession and consumption in 6-51 tion extended and applied to 1-2
Vehicles for hire 80-87
ATOMIC ENERGY USES
ALLEYS.See:STREETS,SIDEWALKS AND Land development code regulations re zon-
OTHER PUBLIC WAYS ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
AMUSEMENTS AND AMUSEMENT PLACES
Adult entertainment 10-86 et seq. ATTORNEY.See:CITY ATTORNEY
See:ADULT ENTERTAINMENT AUDIO ALARMS. See:ALARM SYSTEMS
Amusement device code
Adopted 10-26 AUTOMATED TELEPHONE ALARM SYS-
Amendments 10-27 TEMS.See:ALARM SYSTEMS
Outdoor entertainment 10-46 et seq.
See:OUTDOOR ENTERTAINMENT AUTOMOBILES. See: MOTOR VEHICLES
AND TRAFFIC
Lie. ANIMALS AND FOWL AWNINGS OR CANOPIES
Animal control officer 14-27 Signs
Beaches Land development code regulations 94-1 et seq.
Animals prohibited on 14-28 See:LAND DEVELOPMENT CODE
Bees and beehives prohibited 14-3
Bird sanctuary
Designation of 14-2 B
County animal control ordinance BEACHES
Adopted 14-26 Animals prohibited on beaches 14-28
Animal control officer 14-27 Coastal construction code 82-81 et seq.
Parks and beaches See:LAND DEVELOPMENT CODE
Animals prohibited on 14-28 Dune parking prohibited 74-59
Noises,enumeration of prohibited 34-153(5) Sea turtles generally 14-51 et seq.
Parks See:ANIMALS AND FOWL
Animals prohibited in 14-28 Street excavations 66-61 et seq.
Penalty 14-1 See: STREETS, SIDEWALKS AND
Sanctuary OTHER PUBLIC WAYS
Sanctuary,designation of 14-2 Wetlands protection 106-26 et seq.
Sea turtles See: LAND DEVELOPMENT CODE
Beach activities 14-58
Definitions 14-52 BEAUTIFICATION BOARD
Enforcement and penalty 14-53 Absence from meetings 2-183
Exemptions 14-54 Duties 2-184
Existing development 14-56 Established,membership,terms,qualifica-
New development 14-55 tions 2-181
Publicly owned lighting 14-57 Indebtedness 2-186
Purpose and scope 14-51 Meetings;bylaws; officers 2-182
Planning and zoning board
ANNEXATIONS Coordination with 2-185
Certain ordinances not affected by Code... 1-10(a)(13) Property maintenance standards 34-91 et seq.
Loof Franchise regulations in general.See:FRAN- See:PROPERTY MAINTENANCE STAN-
CRISES(Appendix A) DARDS
Supp.No. 2 CDi:3
CAPE CANAVERAL CODE
Section Section
BEER.See:ALCOHOLIC BEVERAGES BOATS,DOCKS AND WATERWAYS—Cont'd.
BEES AND BEEHIVES.See:ANIMALS AND Definitions 54-47
FOWL Designation of areas of regulated water
activities 54-52
BIDS AND BIDDING Designating additional areas of regu-
Bidders lated water activities, procedure
City bidders list 2-218(2) for 54-53
Purchasing generally 2-216 et seq. Enforcement
See:PURCHASES AND PURCHASING Area of enforcement 54-48
Means of enforcement 54-49
BILLBOARD.See:SIGNS AND BILLBOARDS Penalties 54-55
BIRDS. See:ANIMALS AND FOWL Exemptions 54-54
Means of enforcement 54-49
BLIGHT Penalties 54-55
Property maintenance standards 34-91 et seq. Purpose and findings 54-46
See:PROPERTY MAINTENANCE STAN- Speed not to be greater than what is
DARDS reasonable under the conditions 54-51
BLOCKS Water safety. See herein: Vessel Control
and Water Safety
Subdivisions Wetlands protection 106-26 et seq.
Land development code regulations 98-1 et seq. See: LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Zoning regulations
BOARD OF ADJUSTMENT Boats,vessels and boat trailers
Land development code regulations re zon- Living aboard 110-552
ing 110-26 et seq. Living or residing in boats,utility trail-
See:LAND DEVELOPMENT CODE ers,recreational vehicles and spe-
cial purpose vehicles 110-553
BOARDS, COMMITTEES AND COMMIS- Location of 110-551
SIONS Parking and storage 110-554
Beautification board 2-181 et seq. 3
See:BEAUTIFICATION BOARD BODIES OF WATER. See: BOATS, DOCKS
Code enforcement board 2-256 et seq. AND WATERWAYS
See:CODE ENFORCEMENT BOARD
Community development board 22-26 et seq. BODIES POLITIC AND CORPORATE
See: COMMUNITY DEVELOPMENT Persons; definitions and rules of construc-
BOARD tion extended and applied to 1-2
Definitions and rules of construction 1-2 BONDS,SURETY OR PERFORMANCE
Delegation of authority Certain ordinances not affected by Code... 1-10(a)(2)
Definitions and rules of construction 1-2 Franchise regulations generally.See:FRAN-
Joint authority CHISES(Appendix A)
Definitions and rules of construction 1-2 Outdoor entertainment permit
Library board 46-26 et seq.
See:LIBRARY Cash cleanup bond 10-64
Purchasing regulations 2-218(9)
Planning and zoning board 58-26 et seq. Signs
See:PLANNING AND ZONING BOARD Land development code regulations 94-1 et seq.
Recreation board 54-26 et seq. See:LAND DEVELOPMENT CODE
See:PARKS AND RECREATION Threshold buildings,special inspector bond 82-243
BOATS,DOCKS AND WATERWAYS BOOKS
Exhaust of motorboats Library 46-1 et seq.
Noises,enumeration of prohibited 34-153(6) See:LIBRARY
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE BOTTLED GAS
Land development code regulations re zon- Public service tax 70-26 et seq.
ing 110-26 et seq. See:TAXATION
See:LAND DEVELOPMENT CODE
Litter, throwing in river or other body of BOUNDARIES
water 34-36 Corporate limits
Vessel control and water safety Definitions and rules of construction.... 1-2
Area of enforcement 54-48 Franchise regulations in general.See:FRAN-
Careful and prudent operation required54-50 CHISES(Appendix A)
Supp.No. 2 CDi:4
4
CODE INDEX
‘1111111101
Section
BOUNDARIESCont'd. Section
—
BUILDINGS--Cont'd.
Land development code regulations re zon- Local planning agency gen
c3' 58-56 et seq.
110-26 et seq. See:PLANNING AND DEVELOPMENT
See:LAND DEVELOPMENT CODE Mechanical code 82-196,82-197
BREVARD COUNTY. See: COUNTY Old building sewers 78-80
Permits and miscellaneous fees
BRIDGES Fees schedule in general.See:FEES(Ap-
Subdivisions pendix B)
Land development code regulations 98-1 et seq. Plan checking fee
See:LAND DEVELOPMENT CODE Fees schedule in general.See:FEES(Ap-
pendix B)
BRUSH.See:WEEDS AND DEAD VEGETA- Plumbing code 82-146 et seq.
TION See:LAND DEVELOPMENT CODE
Public service tax 70-26 et seq.
BUDGET See:TAXATION
City manager Sanitary sewer system 78-26 et seq.
Powers and duties 2-101(4) See:SEWERS AND SEWAGE DISPOSAL
City treasurer Solar energy standards 82-221 et seq.
Duties 2-141(2) See:LAND DEVELOPMENT CODE
BUFFERS AND BUFFERING Street excavations 66-61 et seq.
Flood damagepreventionRI See: STREETS, SIDEWALKS AND
g 90-26 et seq. OTHER PUBLIC WAYS
See:LAND DEVELOPMENT CODE Swimmingof code
Tree protection,land clearing 102-36 et seq. pool 82-246,247
See:LAND DEVELOPMENT CODE Threshold buildings 82-321 et seq.
See:LAND DEVELOPMENT CODE
BUILDINGS Unsafe Building Abatement Code
Administration authority or official 82-57
Beautification board 2-181 et seq.
See:BEAUTIFICATION BOARD Adopted 82-56
Building appearance and maintenance.... 34-98 Amendments 82-58
Building code Weeds and dead vegetation
34-121 et seq.
Solar energy standards,compliance with 82-223 See:WEEDS AND DEAD VEGETATION
Building sewers and connections 78-76 et seq. BULK CONTAINERS
See:SEWERS AND SEWAGE DISPOSAL Solid waste 62-1 et seq.
Coastal construction code 82-81 et seq. See: SOLID WASTE
See:LAND DEVELOPMENT CODE
Commercial development board BULKHEADS
Generally 22-26 et seq. Subdivisions
See:COMMERCIAL DEVELOPMENT Land development code regulations 98-1 et seq.
BOARD See:LAND DEVELOPMENT CODE
Concurrency management 86-1 et seq. BURGLAR ALARMS.See:ALARM SYSTEMS
See:LAND DEVELOPMENT CODE
Construction noise 34-154 BURNING
Electrical code 82-116 et seq. Solid waste 62-11(b)
See:LAND DEVELOPMENT CODE BURYING/BURIAL
Excavation and grading code 82-296 Solid waste 62-11(c)
Fees schedule in general. See: FEES (Ap- Trash,rubble or other debris 34-41
pendix B)
Flood damage prevention 90-26 et seq. BUSINESSES
See:LAND DEVELOPMENT CODE Occupational license tax 70-66 et seq.
Franchise regulations generally.See:FRAN- See:TAXATION
CHISES(Appendix A) Solicitors,peddlers and itinerant vendors . 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
Gas code 82-171 et seq.
See:LAND DEVELOPMENT CODE SOLICITORS
Solid waste
Housing code 82-271 et seq. 62-1 et seq.
See:LAND DEVELOPMENT CODE See:SOLID WASTE
Impact fees 2-231 et seq.
See:IMPACT FEES C
Land development code regulations re zon- CABLE COMMUNICATIONS
‘111.0" ing 110-26 et seq. Franchise regulation generally.See:FRAN-
See:LAND DEVELOPMENT CODE CHISES(Appendix A)
Supp.No. 2 CDi:5
r
CAPE CANAVERAL CODE
Section Section
CALLINGS CITY—Cont d.
Occupational license tax 70-66 et seq. Street excavations
See:TAXATION Authority of city 66-64
City's right to restore surface 66-69
CANALS Liability of city 66-62
Subdivisions
Land development code regulations 98-1 et seq. CITY ATTORNEY
See:LAND DEVELOPMENT CODE Council
Attendance at meetings 2-127
CANVASSERS.See:PEDDLERS,CANVASS- Duties 2-126
ERS AND SOLICITORS
CITY CLERK
CAPE CANAVERAL.See:CITY Duties 2-116
CAPITAL EXPANSION PLANS CITY COUNCIL
Impact fee 2-237 Adult entertainment
Powers of re 10-93
CAPITAL EXPANSION TRUST FUND City attorney
Impact fees 2-236 Duties 2-126
City manager
CARS.See:MOTOR VEHICLES AND TRAF- Powers and duties 2-101(2)
FIC Compensation
CAUSES Established for councilmembers other than
Effect of repeal of ordinances 1-9(b) mayor 2-41
Mayor,established for 2-42
CEMETERIES Definitions and rules of construction 1-2
Parks and recreation areas 54-1 et seq. Election 2-26
See:PARKS AND RECREATION Library board
Reports to 46-32
CERTIFICATES OF OCCUPANCY Mayor
Land development code regulations re zon- Compensation established for 2-42
j
ing 110-26 et seq. Meetings
See:LAND DEVELOPMENT CODE Adjournment 2-69
Sewer impact fee requirements 78-125,78-126 Adoption of motion 2-67
Call to order;quorum;roll call 2-64
CHARTER City attorney to attend 2-127
Definitions and rules of construction 1-2 Consideration of matters before council . 2-66
General discussion 2-68
CITY Minutes 2-65
Abandoned property
Compliance with notice or order to re- Ordinances and resolutions
move;removal by city upon noncom- Preparation prior to meeting 2-59
pliance 34-184 Parliamentary procedure 2-61
Disposition of property removed by city. 34-186 Preparation and notice of agenda 2-60
Notification of owner following removal Presiding officer 2-62
by city 34-185 Regular meetings 2-56
Redemption prior to sale by city 34-187 Sergeant at arms 2-63
Corporate limits Special meetings 2-57
Definitions and rules of construction.... 1-2 Workshop meetings 2-58
Definitions and rules of construction 1-2 Ordinances and resolutions
Flood damage prevention 90-26 et seq. Preparation prior to meeting 2-59
See:LAND DEVELOPMENT CODE Regular meetings 2-56
Franchise regulations in general.See:FRAN- Special meetings 2-57
CHISES(Appendix A) Uncontested elections 2-27
Library board Workshop meetings 2-58
Liability of city limited 46-31 CITY ENGINEER
Litter Duties 2-151
Waiver of rights by property owner; re-
moval at city's costs 34-69 CITY MANAGER
Solid waste Civil emergencies
Authority of city to collect 62-3 Persons authorized to declare 18-2
Ownership by city 62-4 Deputy city manager 2-102
Supp.No. 2 CDi:6
R
CODE INDEX
CITY MANAGER--Cont'd. Section Section
Powers and duties 2-101
CITY TREASURER
Duties 2-141
Fees schedule in general. See: FEES (Ap-
pendix B)
CIVIL EMERGENCIES
Definitions 18-2
Persons authorized to declare emergency18-2
Powers when emergency exists 18-3
CLERK.See:CITY CLERK
CLUBS
Persons; definitions and rules of construc-
tion extended and applied to 1-2
COASTAL CONSTRUCTION CODE
Land development code regulations re zon-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
CODE ENFORCEMENT
Abandoned vehicles
Code enforcement board hearing proce-
dure 34-183
Code enforcement board
Created 2-256
Membership 2-257
‘111111111Ne Powers and duties 2-258
Responsibilities 2-258
Violations and penalties
Prosecution of violations with no crim-
inal penalty 2-259
L
Supp.No. 2 CDi:6.1
J
J
3
CODE INDEX
‘11100(
Section
FIRE PREVENTION—Cont'd. Section
FLORIDA.See: STATE
Impact fees generally 2-231 et seq.
See:IMPACT FEES FORFEITURE.See:FINES,FORFEITURES
Inspector AND OTHER PENALTIES
National Fire Prevention Code 38-27
Life Safety Code. See herein: Fire Preven-iFOWL. See:ANIMALS AND FOWL
ton Codes
Lock oxes FRANCHISES(APPENDIX A)
(Note—Citations herein refer to articles and
Fire prevention code requirements 38-32
Required sections contained within Appendix A
38-32 Franchises)
National Fire Prevention Code.See herein:
Fire Prevention Codes Cable communications
Outdoor entertainment permit require- Acceptance I-14
Assignment of franchise 1-20
ments 10-62(4) Breach clause
Safety fees 38-2 I-10
Smoke detectors to have battery backup 38-7 Charges and services I-10
Compensation too the city I-11
Standard Fire Prevention Code.See herein: Compliance with applicable laws and or-
Fire Prevention Codes dinances
Violations and penalties 88-1 1-4
Conditions on street occupancy
Volunteer fire department 38-57 Approval procedure I-7(a)
Determination of right to use streetsI-7(j)
FIREWORKS Placement of fixtures 1-7(f)
Application for permit;fees 38-83 Relocation I-7(e)
Attending firefighters 38.88 Requirements 1-7(b)
Definitions 38-81 Restoration
I-7(d)
Insurance
38-86 Safety precautions I-7(i)
Investigation of applicant; issuance or de- Temporary removal of wire for building
%Wevial of permit 38-84 moving 17(g)
Operators 38-85 Tree trimming 1-7(h)
Public displays authorized 38-82 Use I-7(c)
Storage of materials 38.87 Conflicting ordinances I-15
Council
FIRMS Procedure after termination I-8(d)
Persons; definitions and rules of construc- Right of acquisition by the city I-8(e)
tion extended and applied to 1.2 Rights in franchise 1-8
Rules I-8(a)
FLOOD DAMAGE PREVENTION Supervision and inspection I-8(c)
Use of system by council I-8(b)
Civil emergencies 18-1 et seq.
See:CIVIL EMERGENCIES Definitions I-2
Fees schedule in general. See: FEES (Ap- Extension of city limits I-16
pendix B) Grant and terms 1-3
Generally 90-26 et seq. Interruptions I-12
See:LAND DEVELOPMENT CODE Method of publication 1-23
Land development code regulations re zon- Notice of interruption for repairs I-6
Prohibitions
ing 110-26 et seq. Advertising I-21(a)
See:LAND DEVELOPMENT CODE
Wetlands protection Regulated public utilities I-21(b)
106-26 et seq. Proposed channel system I-19
See:LAND DEVELOPMENT CODE
Protective and indemnity provisions I-9
FLOODLIGHTS Separability I-18
Service availability I-13
Outdoor entertainment permit require- Service standards 1-5
ments 10-62(1) Short title I-1
Spill-over lighting requirements 34-206 et seq. Electric
See:LIGHTS AND LIGHTING Acceptance by grantee II-2
Amount of payments by grantee to grantor I1-6
FLORIDA RAILROAD AND PUBLIC UTILI- Competition by grantor 11-8
TIES COMMISSION Effective date 1I-12
Liii Franchise regulations in general.See:FRAN- Forfeiture 11-9
CHISES(Appendix A) Grant II-1
Supp.No. 2 CDi:11
AM II\
CAPE CANAVERAL CODE
Section Section
FRANCHISES(APPENDIX A)—Cont'd. FRANCHISES(Generally)--Cont'd.
Liability II-4 Franchise regulations in general.See:FRAN-
Location of facilities II-3 CHISES(Appendix A)
Monthly payments I1-7 FRAUD
Rates,rules and regulations II-5 Solicitors,peddlers and itinerant merchants 16-30
Repeal of conflicting ordinances II-11
Validity II-10 F.S.(Florida Statutes)
Gas Definitions and rules of construction 1-2
Approval of transfer III-23
Commencement of construction III-10 FUEL OIL
111-13 Public service tax 70-26 et seq.
Compensation to citySee: TAXATION
Consideration III-4
Construction,manner of 111-7
Customers outside city, no liability for G
payment of revenue from III-22 GARAGE SALES
Definitions III-1 Land development code regulations re zon-
Deposit of guarantee with city III-21 ing 110-26 et seq.
Emergency III-17 See:LAND DEVELOPMENT CODE
Extension of mains 111-9 •
Federal utilities commission,rules of pre- GARBAGE AND TRASH.See:SOLID WASTE
vail III-24
Florida Railroad and Public Utilities Com- GAS
mission, authority of and rates for Franchise regulations in general.See:FRAN-
first three years III-3 CHISES(Appendix A)
Gas code
Forfeiture,causes for III-14 Administrative authority or official 82-172
Franchise,grant of 111-2 Adopted 82-271
Gas meters,maintenance and inspection Amendments 82-173
of I11-18 Public service tax 70-26 et seq.
Liability insurance III-12
See:TAXATION
3
Maps showing location of mains
Filing with city III-15 GENDER
Pipelines Definitions and rules of construction 1-2
Manner of laying III-6
Plans and specifications GIFTS
Filing with city
III-5 Purchasing procedure 2-226(b)
Records,access of city to 111-20 GLASS CONTAINERS
Regulations for work under franchise III-16 Park and recreation prohibitions 54-1
Right of city to purchase III-8
Rules of company for conduct of business III-19 GRADES AND GRADING
Schedule of rates Concurrency management 86-1 et seq.
Filing with city III-11 See: LAND DEVELOPMENT CODE
Streets,regulation of by city III-25 Excavation and grading code 82-296,82-297
Taxes,right of city to levy and collect... III-26 Flood damage prevention 90-26 et seq.
Telephone See: LAND DEVELOPMENT CODE
Company liability:indemnification IV-4 Street excavations 66-61 et seq.
Compliance with applicable law and ordi- See: STREETS, SIDEWALKS AND
names
IV-3 OTHER PUBLIC WAYS
Conditions on street occupancy IV-5 Street grades
Definitions IV-1 Certain ordinances not affected by Code. 1-10(a)(10)
Fees paid by company IV-7 Tree protection,land clearing 102-36 et seq.
Grant of permission IV-2 See:LAND DEVELOPMENT CODE
Limitations on obligations of city IV-10 GUTTERS
Severability IV-11 Litter,sweeping into gutters prohibited... 34-31
Street occupancy,conditions on IV-5
Terms of rights granted IV-9 H
Transfer of rights granted herein W-6
HANDBILLS
FRANCHISES(Generally) Litter regulations 34-51 et seq.
Certain ordinances not affected by Code... 1-10(a)(4) See:LITTER
Supp.No. 2 CDi:12
CODE INDEX
Lime.
H Section Sectior
r.
HUMAN RELATIONS
Solicitors and itinerant merchants Human rights
Harassment prohibited 16-28 Discrimination prohibited 40-2E
HAZARDOUS MATERIALS AND SUB- Exemption 40-29
STANCES Findings 40-26
Fire prevention regulations re 38-90 et seq. Notice 40-30
See:FIRE PREVENTION Penalty;remedies 40-27
Solid waste generally 62-1 et seq. HURRICANES
See:SOLID WASTE Civil emergencies
Specifically 62-11(d) 18-1 et seq.
See: CIVIL EMERGENCIES
HEALTH AND SANITATION
Abandoned property 34-181 et seq. I
See:ABANDONED PROPERTY
Adult entertainment IMPACT FEES
Permit investigation by county health Capital expansion plans 2-237
department 10-140 Capital expansion trust funds
Local planning agency 58-56 et seq. Collection;deposit 2-236(b)
See:PLANNING AND DEVELOPMENT Established 2-236(a)
Outdoor entertainment permit require- Use 2-236(c)
ments 10-62(1) Certain ordinances not affected by Code... 1-10(a)(18)
Sanitary sewer system 78-26 et seq. Exemptions 2-232
See:SEWERS AND SEWAGE DISPOSAL Fees schedule in general. See: FEES (Ap-
Solid waste 62-1 et seq. pendix B)
See:SOLID WASTE Levy and purpose 2-231
Tree protection,land clearing 102-36 et seq. Partial waiver authorized 2-235
See:LAND DEVELOPMENT CODE Payment 2-234
Weeds and dead vegetation 34-121 et seq. Sanitary sewer impact fees 78-121 et seq.
LIO01 See:WEEDS AND DEAD VEGETATION See:UTILITIES
HEIGHT Schedules 2-233
Land development code regulations re zon- Sewers 78-121 et seq.
ing 110-26 et seq. See:SEWERS AND SEWAGE DISPOSAL
See:LAND DEVELOPMENT CODE IMPRISONMENT.See:PRISONS AND PRIS-
HOME OCCUPATIONS OARS
Construction noise 34-154 IMPROVEMENTS. See: PUBLIC WORKS
Land development code regulations re zon- AND IMPROVEMENTS
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE INDECENCY AND OBSCENITY
HOOTING Adult entertainment establishments 10-168
Noises,enumeration of prohibited 34-153(4)
INDIVIDUALS
HORNS Persons; definitions and rules of construe-
Noises,enumeration of prohibited 34-153(1) tion extended and applied to 1-2
HOUSING INSPECTIONS
Electrical code 82-116 et seq. Building sewers
See:LAND DEVELOPMENT CODE Notice for 48-79
Flood damage prevention 90-26 et seq. Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Housing code Reinspection fees
Administrative authority or official 82-272 Fees schedule in general.See:FEES(Ap-
Adopted 82-271 pendix B)
Amendments 82-273 Signs
Property maintenance standards 34-91 et seq. Land development code regulations 94-1 et seq.
See:PROPERTY MAINTENANCE STAN- See:LAND DEVELOPMENT CODE
DARDS Street excavations 66-63
Public service tax Threshold buildings 82-321 et seq.
LIMPe* Generally 70-26 et seq. See:LAND DEVELOPMENT CODE
See: TAXATION Vehicles for hire, mechanical inspections.. 80-76(d)
Supp.No. 2 CDi:13
CAPE CANAVERAL CODE
Section
Section
INSURANCE AND INSURANCE COMPA- LAND DEVELOPMENT CODE--Cont'd.
NIES Awnings and canopies 94-83
Fireworks 38-86 Billboards 94-80
Franchise regulations in general.See:FRAN- Blocks
CHISES(Appendix A) Subdivision design standards 98-106
Occupational license tax 70-87 Board of appeals
Outdoor entertainment permit require- Electrical code 82-118
ments 10-62(9) Bonds 94-10(a)
Signs Signs
Land development code regulations 94-1 et seq. Boundary line survey
See:LAND DEVELOPMENT CODE Subdivisions 98-93
Threshold buildings, special inspector in- Bridges
surance 82-243 Subdivisions
Vehicles for hire 80-5 Design standards 98-116
INTERSECTIONS Buffers
Visibility at intersections Protection of trees and vegetation of buff-
ers 102-41
Land development code regulations re 82-31
zoning 110-26 et seq. Building code seq.
See:LAND DEVELOPMENT CODE See herein:Buildings
Building department
INTOXICATING BEVERAGES. See: ALCO- Threshold buildings
HOLIC BEVERAGES Special inspector,corporation with build-
ing department 82-344
ITINERANT MERCHANTS.See:PEDDLERS, Building inspection
CANVASSERS AND SOLICITORS Threshold buildings 82-327
Building official
J Signs,inspection by 94-36
JOINT AUTHORITY Building permits
Change of and schedule and fee 82-3 J
Definitions and rules of construction 1-2 Fee schedule 82-2
Buildings
L Building code
LAND CLEARING Adopted 82-31
102-36 et seq. Amendments 82-32
Tree protection Solar energy standards,compliance with 82-223
See:LAND DEVELOPMENT CODE Changes to schedule of fees 82-3
LAND DEVELOPMENT CODE Coastal construction code
Abandoned signs 94-62(a) Applicability 82-84
Access Coastal construction requirements82-87
Coastal construction code Definitions 82-81
Public access 82-93 Design conditions
Alleys Foundations 82-89(b)
Subdivision design standards 98-110 Hydrodynamic loads 82-89(e)
Alterations Hydrostatic loads 82-89(d)
Natural surface waters 90-173 Velocity pressure 82-89(a)
Amendments Wave forces 82-89(c)
Building code 82-32 Exceptions 82-85
Gas code 82-173 Location of construction 82-92
Housing code 82-273 Major structures, structural require-
Mechanical code 82-197 ments for
Plumbing code 82-148 Design and construction 82-88(a)
Unsafe building abatement code 82-58 Elevation,floodproofing and siting.. 82-88(c)
Appeals and arbitrations Mobile homes 82-88(b)
Concurrency management 86-3 Minor structures, structural require-
Area ments for 82-91
Subdivisions 98-5 Nonhabitable major structures, struc-
Zoning requirement 10-336 et seq. tural requirements for 82-90
See within this title:Zoning Permits
Areas of shallow flooding(AO zones) Application for 82-86
Flood hazard standards 90-68 Public access 82-93
Supp.No. 2 CDi:14
CODE INDEX
Lopie,
LAND DEVELOPMENT CODE—Cont'd. Section
LAND DEVELOPMENT CODE—Cont'd. Sectio
Purpose 82-83 Provisions supplemental 82-31
References 82-94 Shoring and reshoring plan 82-31
Scope 82-82 Special inspector
Concurrency management Cooperation with building depart-
Generally 86-1 et seq. ment 82-34
See herein: Concurrency Manage- Daily report 82-34
ment Insurance or bond 82-34
Electrical code Presence at job 82-34
Administrative authority or official ... 82-117 Qualifications of representatives82-34
Adopted 82-116 Retention by owner 82-34
Board of appeals 82-118 State law adopted 82-32
Excavation and grading code Structural inspection plan 82-32.
Administrative authority or official ... 82-297 Unsafe building abatement code
Adopted 82-296 Administrative authority of official.... 82-5'
Fees Adopted 82-5i
Building permit fee schedules 82-2 Amendments 82-5!
Changes to schedule of fees 82-3 Bulkheads and retaining walls
Gas code Subdivision design standards 98-11!
Administrative authority or official ... 82-172 Burials
Adopted 82-171 Stormwater management
Amendments 82-173 Bury inspections 90-195(2
Housing code C-1 Low Density Commercial District.See
Administrative authority or official ... 82-272 also herein:Zoning
Adopted 82-271 Signs in 94-9S
Amendments 82-273 Canals
Inspector Subdivision design standards 98-117
Threshold buildings 82-341 et seq. Certificate of completion
See within this subheading:Thresh- Subdivisions 98-83
LIMO? old Buildings City
Mechanical code Stormwater management master plan,
Adopted 82-196 compliance with city plan 90-164
Amendments 82-197 Subdivisions, review of preliminary plat 98-45
Number of buildings and property Civil penalties
Administration 82-368 Tree protection,land clearing 102-37
Assignment of numbers 82-369 Coastal construction code
Multiple-family structures,numbering 82-370 Applicability of provisions 82-84
Posting and specification of numbers.. 82-371 Coastal construction requirements 82-87
Purpose 82-366 Definitions 82-81
System established; incorporation of Design conditions 82-89
maps 82-367 Exceptions 82-85
Penalty 82-1 Location or construction 82-92
Permit Major structures,structural requirements
Building permit fee schedules 82-2 for 82-88
Plumbing code Minor structures,structural requirements
Administrative authority or official ... 82-147 for 82-91
Adopted 82-146 Nonhabitable major structures, struc-
Amendments 82-148 tural requirements for 82-90
Solar energy standards Permits
Adopted 82-221 Application for 82-86
Compliance with building code 82-223 Public access 82-93
Permit fees 82-222 Purpose 82-83
Swimming pool code References 82-94
Administrative authority or official ... 82-247 Scope 82-82
Adopted 82-246 Coastal high hazard areas(V zones)
Threshold buildings Flood hazard regulations 90-65
Approval of plans and specifications .. 82-324 Codes
Definitions 82-322 Building code 82-31 et seq.
Dual inspection 82-327 See herein: Buildings
Loe' Notice of noncompliance; meeting and Coastal construction code 82-81 et seq.
stop work order 82-328 See herein: Coastal Construction Code
Supp.No. 2 CDi:15
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Electrical code 82-116 et seq. Construction
See herein:Electrical Code Coastal construction code 82-81 et seq.
Excavation and grading code 82-296,82-297 See herein:Coastal Construction Code
Gas code 82-171 et seq. Stormwater management
See herein:Gas Code Construction methods and materials.. 90-180
Housing code 82-271 et seq. Subdivisions 98-66 et seq.
See herein:Housing Code See herein: Subdivisions
Mechanical code 82-196,82-197 Control elevation
Plumbing code 82-146 et seq. Stormwater management 90-181
See herein:Plumbing Code Corner lots
Swimming pool codes 82-246,82-247 Signs 94-64(c)
Unsafe building abatement code 82-56 et seq. County
See herein: Unsafe Building Abate-
ment Code Stormwater management master plan,
Compliance certification compliance with county 90-164
Expiration of concurrency compliance cer- Criminal penalties
tification 86-9 Tree protection,land clearing 102-38
Concurrency management system Daily reports
Appeals 86-3 Threshold buildings
Application for concurrency evaluation86-5 Special inspector,daily reports 82-346
Concurrency evaluation finding of defi- Decision making
ciency 86-7 Concurrency evaluation,responsibility for
Conditional approval of development or- decision making in 86-4
ders or permits Dedication
Building permit 86-12(2) Stormwater management 90-191
Subdivision plats and site plans 86-12(1) Deposit
Criteria for evaluation of levels of service Political signs 94-78(e)
of public facilities Design standards
Building permits of insignificant im- Coastal construction code 82-89J
pact 86-6(1) Stormwater management 90-161 et seq.
Drainage facilities 86-6(7) See herein:Floods
Parks and open space 86-6(6) Subdivisions 98-106 et seq.
Potable water facilities 86-6(4) See herein:Subdivisions
Sanitary sewer facilities 86-6(3) Detention and retention areas
Solid waste facilities 86-6(5) Banks of 90-172
Transportation facilities 86-6(2) Configuration of shoreline of 90-174
Cumulative level-of-service records 86-10 Stormwater management 90-162
Decision making in concurrency evalua- Development
tion,responsibility for 86-4 Concurrency management
Definitions 86-2
Duration concurrency compliance certifi- Generally 86-1 et seq.
cation after issuance of development See herein: Concurrency Manage-
permit ment
Commercial, industrial or multifamily Districts
developments 86-8(4) Political signs 94-78(f)
Individual single-family development. 86-8(3) Zoning districts.See herein:Zoning
Residential subdivision or phase or unit Drainage
thereof,including planned unit de- Concurrency management
velopment 86-8(2) Generally 86-1 et seq.
Site development plan approval 86-8(1) See herein: Concurrency Manage-
Expiration of concurrency compliance cer- ment
tification 86-9 Stormwater management
Operating systems,procedure and task Compatibility with adjacent systems.. 90-171
Concurrency monitoring 86-11(b) Subdivision improvements 98-91
Measuring potential impacts 86-11(c) Easements
Overall concurrency management 86-11(a) Subdivision design standards 98-108
Purpose and intent 86-1 Electrical code
Vested rights 86-13 Administrative authority or official 82-117
Conservation Adopted 82-116
Water conservation 90-176 Board of appeals 82-118
Supp.No.2 CDi:16
CODE INDEX
LieLAND DE Section
DEVELOPMENT CODE—Cont'd. Sectior
LAND DEVELOPMENT CODE---Cont'd.
Elevation,floodproofing and siting Purpose and intent
Coastal construction code 90-92
Structural Maintenance
requirements for major struc- Stormwater management 90-191 et seq.
tures 82-88(c) See within this subheading:
Subdivision improvements 98-88 Stormwater Management
Excavation and grading code Performance standards
Administrative authority or official 82-297 Stormwater management
Adopted 82-296 See within thiss subheading: 90-146 et seq.
Fees Stormwater Management
Solar energy standards Permits
Permit fees 82-222 Stormwater management
Final acceptance of work g 90-131 et seq.
See within this subheading:
Subdivisions 98-94
Stormwater Management
Flashing signs prohibited 94-6(d) Stormwater management
Flood damage prevention 90-26 et seq. Definitions
See herein:Floods 90-116
Design standards
Floodplain protection 90-91 et seq. Accommodation of stormwaters onsite
See herein:Floods and offsite
Floods 90-167
Alteration of natural surface waters 90-173
Flood damage prevention Banks of detention and retention ar-
Abrogation and greater restriction.... 90-33 eas 90-172
Administrator Best management practices 90-163
Designation of 90-46 Certification 90-169
Duties and responsibilities of 90-47 Compatibility with adjacent drain-
Areas of special flood hazard age system 90-171
Applicability of provisions 90-30 Compliance with county or city
Basis for establishing 90-31 stormwater management mas-
t
Compliance with provisions 90-32 ter plan 90-164
Definitions 90-26 Configuration of shoreline of deten-
Development permit tion and retention areas 90-174
Establishment of 90-48 Configurations creating stagnant wa-
Procedures 90-49 ter conditions 90-166
Findings of fact 90-27 Conformance to standards 90-161
Flood hazard reduction Construction methods and materials 90-180
Coastal high hazard areas(V zones) 90-65 Control elevation 90-181
Elevated buildings 90-62(d) Detention and retention system .... 90-162
Floodways 90-64 Directing runoff 90-165
General standards 90-61 Discharge volumes,notification of.. 90-179
Generally 90-62(a) Native vegetation buffers 90-177
Manufactured homes and recreational Natural surface waters used as sed-
vehicles,standards for 90-63 iment traps 90-175
Nonresidential construction 90-62(c) Phased developments 90-178
Residential construction 90-62(b) Proper functioning 90-168
Streams without established base Surface water channeled into sani-
flood elevation and floodways, tary sewers 90-170
standards for 90-66 Water reuse and conservation 90-176
Interpretation 90-34 Enforcement and penalties 90-120
Objectives 90-29 Maintenance
Penalties for violation 90-36 Applicant as acceptable entity 90-192(c)
Statement of purpose 90-28 Dedications 90-191
Subdivision proposals,standards for.. 90-67 Failure to maintain 90-194
Areas of shallow flooding(AO zones), Inspection 90-195
standards for 90-68 Maintenance by approved entity
Variance procedure 90-50 Acceptable responsible entity 90-192(a)
Warning and disclaimer of liability ... 90-35 Phased projects 90-192(b)
Floodplain protection Plan for operation and maintenance
Definitions 90-91 program 90-193
Lino." Development in designated floodplains 90-93 Performance standards
Prohibited uses 90-94 Computation 90-146
Supp.No. 2 CDi:17
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Rainfall intensity 90-147 Political signs 94-78(c)
Water quality requirements 90-149 Lots
Water quantity requirements 90-148 Subdivision design standards 98-107
Permit M-1 Light Industrial and Research and
Application Development District.See also herein:
Information required 90-134 Zoning
Plan required 90-133 Signs 94-99
Exemptions 90-132 Maintenance
Required 90-131 Stormwater management 90 191 et seq.
Previous approvals,standards of 90-119 See herein:Floods
Purpose and intent 90-117
Relationship to other stormwater man- Major structures
agement requirements 90-118 Coastal construction code
Variances 90-121 Structural requirements for 82-88
Foundations Manufactured homes and recreational ve-
Coastal construction code 82-89(b) hides
Gas code Special flood hazard areas,standards for 90-63
Administrative authority or official 82-172 Maps
Adopted 82-171 Numbering of buildings and properties
Amendments 82-173 System established; incorporation of
Grading code. See herein: Excavation and maps 82-367
Grading Code Marquees 94-82
Ground signs 94-64(f) MasterP lans
Hardship variances
Subdivisions 98-4(a) Stormwater management,compliance with
Hazardous signs 94-62(b) city or county master plan 90-164
Height Measurement and placement
Signs
94-64(e) Signs 94-64
Housing code Minor structures
Administrative authority or official 82-272 Coastal construction code, structural re-
Adopted 82-271 quirements for 82-91
Amendments 82-273 Mitigation
Hydrodynamic loads Wetlands protection 106-31
Coastal construction code 82-89(e) Mobile homes
Hydrostatic loads Coastal construction code 82-88(b)
Coastal construction code 82-89(d) Multiple-family structures
Ingress or egress Numbering of 82-370
Signs,obstruction of 94-6(b) Native vegetation buffers
Inspections Stormwater management 90-177
Signs Natural surface waters
Generally 94-36,94-37 Alteration of 90-173
Inspection by building official 94-36 Sediment traps,used as 90-175
Stormwater management 90-195 Nonhabitable major structures
Subdivisions 98-80 et seq. Coastal construction code
See herein:Subdivisions Structural requirements for 82-90
Threshold buildings 82-325 et seq. Numbering of buildings and property
Seen herein:Buildings Administration 82-368
Insurance or bond
Signs 94-10(b) Assignment of number 82-369
Threshold buildings,special inspector... 82-341 Multiple-family structures,numbering of 82-370
Land clearing Posting and specification of numbers82-371
Tree protection 102-36 et seq. Purpose 82-366
See herein:Tree Protection System established;incorporation of map 82-367
Landscaping Obstructions
List of recommended landscaping plants 102-44 Signs,obstruction of free ingress or egress 94-6(b)
Lights and lighting Off-site signs
Signs 94-63 Generally 94-6(g)
Location Open burning
Measurements Natural cover 102-42
Signs 94-64(e) ,....)
Supp.No. 2 CDi:18
CODE INDEX
Line Section
LAND DEVELOPMENT CODE—Cont'd. Section
LAND DEVELOPMENT CODE--Coned.
Open space Time of erecting 94-78(a)
Concurrency management Portable signs 94-6(e)
Generally 86-1 et seq. Potable water systems
See herein: Concurrency Manage- Concurrency management
ment Generally 86-1 et seq.
Parks and recreation areas See herein: Concurrency Manage-
Concurrency management ment
Generally 86-1 et seq. Subdivision design standards 98-112
See herein: Concurrency Manage- Prohibited uses
ment Floodplain 90-94
Performance standards Wetlands protection 106-30
Stormwater management 90-146 et seq. Public access
See herein:Floods Coastal construction code 82-93
Permanent markers Public facilities
Subdivision improvements 98-87 Concurrency management
Permit numbers Criteria for evaluation of levels of ser-
Signs,display of 94-64(d) vice of 86-6
Permits Generally 86-1 et seq.
Coastal construction code See herein: Concurrency Manage-
Application for permits 82-86 ment
Concurrency management Public sites and open spaces
Conditional approval of development Subdivision design standards 98-109
orders of permits 86-12 R-1 Low Density Residential District. See
Political signs 94-78(d) also herein:Zoning
Signs 94-31 et seq. Signs 94-96
See herein:Signs R-2 Medium Density Residential District
Solar energy standards See also herein:Zoning
L Permit fees
82-222 Signs 94-97
Stormwater management permit 90-131 et seq. R-3 Medium Density Residential District.
See herein:Floods See also herein:Zoning
Subdivision construction permit 98-69 et seq. Signs 94-98
See herein:Subdivisions Rainfall intensity
Tree protection,land clearing 102-39, 102-40 Stormwater management 90-147
Permitted uses Records
Wetlands protection 106-29 Concurrency management
Phased developments Cumulative level-of-service records ... 86-10
Stormwater management 90-178 Remedies
Planning and zoning board
Subdivisions Subdivisions 98-6
Final plats Reuse
Recommendations of planning and Water reuse 90-176
zoning board 98-61 Revegetation
Powers of 98-3 Tree protection 102-43
Preliminary plat Rights-of-way
Planning and zoning board proce- Signs on 94-6(c)
dure 98-46 Roadways
Plats Concurrency management
Subdivision plats 98-31 et seq. Generally 86-1 et seq.
See herein:Subdivisions See herein: Concurrency Manage-
Plumbing code ment
Administrative authority or official 82-147 Sanitary sewer system
Adopted 82-146 Generally 78-26 et seq.
Amendments 82-148 See: SEWERS AND SEWAGE DIS-
Political signs POSAL
Deposits 94-78(e) Subdivision design standards 98-113
District requirements 94-78(0 Sediment traps
Location 94-78(c) Natural surface waters used as 90-175
(1kIlio'l Permits 94-78(d) Setbacks
Specifications 94-78(b) Signs 94-64(e)
Supp.No.2 CDi:19
:S
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Sewers Placement
Concurrency management Restrictions on 94-61
Generally 86-1 et seq. Political signs
See herein: Concurrency Manage- Deposit 94-78(e)
ment District requirements 94-78(f)
Subdivision improvements 98-90 Location 94-78(c)
Shopping centers Permits 94-78(d)
Signs Specifications 94-78(b)
Shopping center in any district 94-100 Time of erecting 94-78(a)
Shoring and Reshoring plans Prohibited signs and sign features
Threshold buildings 82-326 Flashing signs prohibited 94-6(d)
Signs Obstruction of free ingress or egress 94-6(b)
Abandoned signs 94-62(a) Off-site signs 94-6(g)
Administrator 94-3 Portable signs 94-6(e)
Awnings and canopies 94-83 Public utility poles and trees,signs on 94-6(a)
Billboards 94-80 Rights-of-way,signs on 94-6(c)
Bond 94-10(a) Vehicles,signs on 94-6(f)
Building official Purpose and scope 94-2
Inspection by 94-36 R-1 Low Density Residential District ... 94-96
C-1 Low Density Commercial District and R-2 Medium Density Residential District 94-97
M-1 Light Industrial and Research R-3 Medium Density Residential District 94-98
and Development District 94-99 Shopping center in any district 94-100
Conformance to provisions 94-7 Temporary off-premises signs 94-81
Definitions 94-1 Temporary on-premises signs 94-76
Exemptions 94-4 Traffic hazard,signs constituting 94-62(c)
Fees Vacant land
Inspectionsand permits 94-35
Hazardous signs 94-62(b) Signs on 94-773
Identification 94-8 Wind pressure and dead load 94-9
Inspection Site plan
Building official 94-36 Wetlands protection development requir-
Fees 94-35 mg 106-28
Notice for 94-37 Size limits
Insurance 94-10(b) Signs 94-64(g)
Lighting 94-63 Solar energy standards
Maintenance,notice to repair 94-11 Adopted 82-221
Marquees 94-82 Building code,compliance with 82-223
Measurement and placement,criteria and Permit fee 82-222
standards for Solid waste
Area 94-64(a) Concurrency management
Combinations of signs 94-64(b) Generally 86-1 et seq.
Corner lots 94-64(c) See herein: Concurrency Manage-
Display of permit number 94-64(d) ment
Ground signs 94-64(f) Special inspector
Height,setback and location measure- Threshold buildings 82-341 et seq.
ments 94-64(e) See herein:Buildings
Size limits 94-64(g) Stagnant water conditions
Off-premises signs Configurations 90-166
Generally in signs and vacant lands .. 94-77,94-79 Stop work orders
Specifically 94-79 Threshold buildings
Temporary off-premises signs 94-81 Notice of compliance; meeting on stop
Penalty for violation 94-5 work orders 82-328
Permits Stormwater management
Application for 94-32 Generally 90-116 et seq.
Fees 94-35 See herein:Floods
Issuance of 94-33 Streams without established base flood el-
Required 94-31 evation on floodways
Revocation of 94-34 Flood hazard standards 90-66
3
Supp.No. 2 CDi:20
. 4
CODE INDEX
Lie
LAND DEVELOPMENT CODE—Cont'd. Section
—
LAND DEVELOPMENT CODECont'd. Sectioi
Streets Planning and zoning board
Subdivisions Final plats
Design standards 98-114, 98-115 Recommendations of planning and
Improvements 98-92 zoningboard
Names 98-119 98-6]
Subdivisions Powers of 984:
Appeals and arbitrations 98-5 Preliminary plats
Certificate of completion 98-83 Planning and zoning board proce-
City dure 98-4€
Review of preliminary plan 98-45 Plats
Construction Final plat
Certificate of completion Application for approval 98-60
Issuance of 98-83 Conformance to preliminary plat ... 98-56
Inspection 98-80 Data required for final approval.... 98-58
Notification 98-82 Documents required prior to ap-
Permit proval 98-59
Approval of plans and specifications 98-73 Number of copies 98-57
Issuance 98-75 Planning and zoning board recom-
Master survey point 98-74 mendations 98-61
Procedures 98-70 Recording 98-62
Required;penalty 98-69
Preapplications
Review 98-72 pp
Submission of construction plans and Review procedures 98-36
specifications 98-71 Preliminary plat
Terms;revocation 98-76 City review 98-45
Submission of data 98.81 Information required 98-41
Definitions 98_1 Planning and zoning board proce-
Final plats dures 98-46
LI1100' Construction of 99.70(2) Scale;proposals 98-43
Flood hazard standards 90-67 Time limit 98-47
Improvements Topographic data 98-42
Boundary line survey 98-93 Purpose 98-2
Design standards Remedies 98-6
Alleys 98-110 Variance
Blocks 98-106 Application 98-4(b)
Bridges 98-116 Conditions 98-4(e)
Bulkheads or retainer walls 98-118 Hardship 98-4(a)
Canal 98-117 Prerequisites to granting 98-4(d)
Easements 98-108 Public hearing;notice 98-4(c)
Lots 98-107 Wetlands protection requiring subdivi-
Potable water systems 98-112 sion plat 106-28
Public sites and open spaces 98-109 Surface and storm drainage
Sanitary sewer system 98-113 Subdivision design standards 98-111
Streets,roads and alleys
Generally 98-114 Surface water
Technical specifications 98-115 Channeled into sanitary sewer 90-170
Surface and storm drainage 98-111 Swimming pools
Development and enforcement of pro- Code
visions 98.86 Administrative authority or official ... 82-247
Drainage 98.91 Adopted 82-246
Elevation 98-88 Threshold buildings 82-321 et seq.
Final acceptance of work 98.94 See herein:Buildings
Permanent markers 98-87 Topographic data
Sewers 98_90 Subdivision plat 98-42
Streets 98.92 Traffic
Water supply 98-89 Concurrency management
Permits Generally 86-1 et seq.
Construction permits 98-69 et seq. See herein: Concurrency Manage-
See within this subheading:Construc- ment
Lisle tion Signs constituting traffic hazards 94-62(c)
Supp.No. 2 CDi:21
CAPE CANAVERAL CODE
Section Section
3
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Tree protection Wind pressure and dead load
Land clearing Signs 94-9
Civil penalties 102-37 Zoning
Criminal penalties 102-38 Access
Definitions 102-36 C-1 Low Density Commercial District. 110-339
List of recommended landscaping plants 102-44 Generally 110-472
Open burning of natural covers 102-42 Offstreet parking 110-493
Permits R-1 Low Density Residential District 110-278
Development order 102-39(b) R-2 Medium Density Residential Dis-
Exemptions 103-40 trict 110-298
Land clearing permit 102-39(d) R-3 Medium Density Residential Dis-
Notice 102-39(a) trict 110-318
Survey permit 102-39(c) Accessories
Swimming pools 110-583
Protection of trees and vegetative buff- Accessory uses and structures
ers C-1 Low Density Commercial District. 110-333
Development size thresholds 102-41(a) Generally 110-468
Inspections 102-41(e) M-1 Light Industrial and Research and
Preservation thresholds 102-41(b) Development District 110-353
Relocation of trees 102-41(1) R-1 Low Density Residential District . 110-273
Removal criteria 102-41(c) R-2 Medium Density Residential Dis-
Replacement criteria 102-41(d) trict 110-293
Revegetation 102-43 R-3 Medium Density Residential Dis-
Undesirable species,list of 102-45 trict 110-313
Undesirable species,list of 102-45 Residential planned unit developments 110-439
Unsafe building abatement code Administrative review
Administrative authority or official 82-57 Appeal notice,hearing 110-29(b)
Adopted 82-56 Authority 110-29(a)
Amendments 82-58 Stay of proceedings 110-29(c)
Variances Alcoholic beverages
Stormwater management 90-121 Special exceptions for establishments
Subdivisions 98-4 serving 110-171
Vegetation Amendments
Tree protection 102-26 et seq. Authority 110-136
See herein:Tree Protection Limitation 110-138
Vegetation buffers
Stormwater management
Native vegetation buffers 90-177
Vehicles
Signs on 94-6(1)
Velocity pressure
Coastal construction code 82-89(a)
Vested rights
Concurrency management 86-13
Water supply
Subdivision improvements 98-89
Waterways
Wetlands protection 106-26 et seq.
See herein:Wetlands Protection
Wave forces
Coastal construction code 82-89(c)
Wetlands protection
Definitions 106-26
Development requiring site plan or sub-
division plat 106-28
Mitigation 106-31
Permitted uses 106-29
Prohibited uses 106-30
Purpose and intent 106-27
Supp.No. 2 CDi:22
N
CODE INDEX
Li00, Section
Sectio
L LOADING AND UNLOADING
Offstreet loading
LIGHTS AND LIGHTING—Cont'd. Land development code regulations re
Policy established 34-207 zoning 110-26 et seq
Sea turtles See:LAND DEVELOPMENT CODE
Publicly owned lighting regulations 14-57 Out of repair vehicles
Signs 94-63 Noises,enumeration of prohibited 34-153(7.
Solid waste
Transporting regulations 62-7 LOADS
Spill-over lighting standards established 34-209 Truck loads causing litter 34-34
Vehicles for hire 80-76(c)
LOCAL IMPROVEMENTS. See: PUBLIC
LIQUEFIED PETROLEUM GAS WORKS AND IMPROVEMENTS
Public service tax 70-26 et seq. LOCAL PLANNING AGENCY
See:TAXATION
Planning and zoning board 58-26 et seq.
See:PLANNING AND ZONING BOARD
LITTER AND LITTERING
Abatement LOTS
Complaints;reports 34-66 Land development code regulations re zon-
Failure to comply with notice and order34-68 ing 110-26 et seq.
Notice and order for removal from private See: LAND DEVELOPMENT CODE
property 34-67 Subdivisions
Waiver of rights by property owner; re- Land development code regulations 98-1 et seq.
moval at city's costs 34-69 See:LAND DEVELOPMENT CODE
Aircraft, dropping from 34-35
Burial of trash,rubbish or other debris 34-41 LOUDSPEAKERS
Definitions 34-26 Noises,enumeration of prohibited 34-153(3)
(111100" Gutters,sweeping into prohibited 34-31
Handbills
Depositing on uninhabited or vacant prem- M
ises 34-53
Distribution prohibited where property MALT BEVERAGES.See:ALCOHOLIC BEV-
posted
EVposted 34-54 ERAGES
Inhabited private premises, distribution
at 34-55 MANUFACTURED GAS
Throwing or distributing in public places 34-51 Public service tax 70-26 et seq.
Vehicles,placing on 34-52 See:TAXATION
Merchant's
Duty to keep sidewalks free of litter 34-32 MAPS. See:SURVEYS, MAPS AND PLATS
Occupied private property,depositing on 34-37
Owner's maintenance of premises 34-38 MARQUEES
Penalty 34-27 Signs
Posting notices prohibited 34-40 Land development code regulations 94-1 et seq.
Property maintenance standards 34-91 et seq. See:LAND DEVELOPMENT CODE
See:PROPERTY MAINTENANCE STAN-
DARDS MASSAGE ESTABLISHMENTS
Public places,litter in 34-29 Adult entertainment 10-86 et seq.
Receptacles,placement in 34-30 See:ADULT ENTERTAINMENT
River or other body of water,throwing in34-36
Sidewalks MAYOR
Merchant's duty to keep sidewalks free of City manager
litter 34-32 Powers and duties 2-101(3) ,
Truck loads 34-34 Civil emergencies generally 18-1 et seq.
Unlawful deposit 34-28 See: CIVIL EMERGENCIES
Vacant lots,depositing on 34-39 Persons authorized to declare 18-2
Vehicles
Litter throwing by persons in vehicle ... 34-33 MECHANICAL CODE
L"' Wetlands protection 106-26 et seq. Adopted 82-196
See:LAND DEVELOPMENT CODE Amendments 82-197
Supp. No. 2 CDi:29
CAPE CANAVERAL CODE
Section Section
3
MERCHANTS.See:PEDDLERS,CANVASS- MOTOR VEHICLES AND TRAFFIC—Cont'd
ERS AND SOLICITORS Horns,signal devices 34-153(1)
Out of repair vehicles 34-153(7)
METERS Out of repair vehicles
Franchise regulations in general.See:FRAN- Noises,enumeration of prohibited 34-153(7)
CHISES(Appendix A) Outdoor entertainment permit require-
Taximeters 80-76(f) ments 10-62(4)
MINORS Overnight parking 74-61
Adult entertainment establishments Parking,stopping and standing
Admission of minors 10-169 County's civil traffic infraction hearing
Sale to minors 10-170 officer program adopted 74-63
Fireworks Dune parking prohibited 74-59
Operator regulations 38-85 Fire lanes,designation of 74-62
No parking zones, authority to establish 74-58
MOBILE HOMES AND MOBILE HOME Overnight parking 74-61
PARKS Penalties 74-57
Beautification board State law adopted 74-56
Generally 2-181 et seq. Truck parking 74-60
See:BEAUTIFICATION BOARD Signs
Flood damage prevention 90-26 et seq. Land development code regulations 94-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Land development code regulations re zon- Truck routes 74-32
ing 110-26 et seq. Solicitors,peddlers and itinerant merchants 16-26 et seq.
See:LAND DEVELOPMENT CODE See: PEDDLERS, CANVASSERS AND
MONIES OF CITY.See:FINANCES SOLICITORS
Solid waste
MONTHS Transporting regulations 62-7
Definitions and rules of construction i-2 Stopping and standing. See herein: Park-
Public service tax,monthly computation 70-34 ing,Stopping and Standing3
MONUMENTS AND MARKERS Through streets,parking,etc.
Subdivisions Certain ordinances not affected by Code. 1-10(a)(8)
Land development code regulations 98-1 et seq. Travel on other than streets or highways.. 74-1
See:LAND DEVELOPMENT CODE Trucks
Applicability of provisions 74-27
MOTION PICTURE THEATERS Definitions 74-26
Adult motion picture theaters 10-176 Exceptions 74-29
Parking 74-60
MOTOR VEHICLES AND TRAFFIC Penalties 74-28
Alcoholic beverages Truck loads 34-34
Motor vehicle regulations 6-51 et seq. Truck routes
See:ALCOHOLIC BEVERAGES Established 74-30
Concurrency management system 86-1 et seq. Inside origin 74-30(2)
See:MOTOR VEHICLES AND TRAFFIC Maps of truck routes 74-31
Dune parking prohibited 74-59 Outside origin 74-30(1)
Exhaust
Noises,enumeration of prohibited 34-153(6) Signs for truck routes 74-32
Fire lanes Vehicles for hire 80-1 et seq.
Designation of 44-62 See:VEHICLES FOR HIRE
Handbills
Placing in vehicles 34-52
Land development code regulations re zon- MOTORBOATS. See: BOATS, DOCKS AND
ing 110-26 et seq. WATERWAYS
See:LAND DEVELOPMENT CODE
Litter
Throwing by person in vehicles 34-33 MUFFLERS
Maps Noises,enumeration of prohibited 34-153(6)
Truck routes 74-31
No parking zone,authority to establish 74-58
Noises MUSICAL INSTRUMENTS
Exhausts 34-153(6) Noises,enumeration of prohibited 34-153(2)
Supp.No. 2 CDi:30
CODE INDEX
Lof Section Section
N OBNOXIOUS SUBSTANCES
NATIONAL FIRE PREVENTION CODE.See: Property maintenance standards 34-91 et seq.
FIRE PREVENTION See:PROPERTY MAINTENANCE STAN-
DARDS
NATIONAL ORIGIN DISCRIMINATION
Human rights,discrimination prohibited.. 40-28 OBSCENITY. See: INDECENCY AND OB-
SCENITY
NATURAL DISASTERS. See: CIVIL EMER-
GENCIES OBSTRUCTIONS
-NATURAL GAS Signs
Public service tax Land development code regulations 94-1 et seq.
70-26 et seq. See:LAND DEVELOPMENT CODE
See:TAXATION Solid waste collection
62-11
NOISE
Construction noise 34-154 OCCUPANCY
Declaration of policy to prohibit noise 34-151 Franchise regulations in general.See:FRAN-
Enumeration of prohibited noises 34-153 CHISES(Appendix A)
Land development code regulations re zon-
OCCUPATIONAL LICENSE TAX.See:TAX-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE ATION
Violations and penalties 34-152 OFFENSES
NUDITY Abandoned property 34-181 et seq.
Adult entertainment See:ABANDONED PROPERTY
Exhibit or display of certain anatomical Certain ordinances not affected by Code1-10(a)(1)
areas by employees or patrons pro- Code does not affect prior offenses 1.8
hibited 10-172 Court costs for police education and train-
Alcoholic beverage establishments ing 50-3
(kiiiiire Nudity on premises where served, con- Effect of repeal of ordinances and offenses
sumed or stored 6_27 committed 1-9(b)
Public nudity 50-2 General penalty 1-15
Penalties for specific acts,omissions,viola-
NUISANCES tions, etc. See specific subjects as in-
Abandoned property generally 34-181 et seq. dexed
See:ABANDONED PROPERTY Public nudity 50-2
General penalty 1-15(b) State misdemeanor acts adopted,penalties 50-1
Noise generally 34-151 et seq.
See:NOISE OFFICERS AND EMPLOYEES
Property maintenance standards 34-91 et seq. Animal control officer 14-27
See:PROPERTY MAINTENANCE STAN- City clerk
DARDS Duties 2-116
Spill-over lighting 34-206 et seq. City engineer
See:LIGHTS AND LIGHTING Duties 2-141
Weeds and vegetation 34-121 et seq. City manager 2-101 et seq.
See:WEEDS AND DEAD VEGETATION See:CITY MANAGER
Notice to remedy notices 34-123 Powers and duties 2-101
Public nuisances prohibited 34-122 City treasurer
NUMBERS AND NUMBERING Duties 2-141
Buildings and property 82-366 et seq. Classification
See:LAND DEVELOPMENT CODE Certain ordinances not affected by Code. 1-10(a)(14)
Definitions and rules of construction 1-2 Definitions and rules of construction 1-2
Vehicles for hire 80-76(e) Delegation of authority
Definitions and rules of construction.... 1-2
Number of passengers carried 80-79
Deputy city manager 2-102
Fire chief 38-56,38-58
0 Fire department
OATH,AFFIRMATION,SWEAR OR SWORN Compensation 38-56
Definitions and rules of construction 1-2 Joint authority
Definitions and rules of construction.... 1-2
OBLIGATIONS Police chief 42-26
Certain ordinances not affected by Code... 1-10(a)(2) Precinct supervisor 42-26
Loo,
Supp.No. 2 CDi:31
CAPE CANAVERAL CODE
Section Section
OFFICERS AND EMPLOYEES—Cont'd. PARKS AND RECREATION—Cont'd.
Salaries Litter
Certain ordinances not affected by Code. 1-10(a)(14) Throwing in river or other body of water
Sergeant at arms in parks 34-36
City council 2-63 Recreation board
Duties 54-28
ORDINANCES,RESOLUTIONS,ETC. Established 54-26
City attorney Indebtedness 54-29
Duties 2-126(4) Vacation of office 54-27
City council Street excavations 66-61 et seq.
Preparation of ordinances and resolu- See: STREETS, SIDEWALKS AND
tions prior to meetings 2-59 OTHER PUBLIC WAYS
County animal control ordinance 14-26 et seq. Vessels regulated 54-46 et seq.
See:ANIMALS AND FOWL See:BOATS,DOCKS AND WATERWAYS
Franchise regulations in general.See:FRAN- Wetlands protection 106-26 et seq.
CHISES(Appendix A) See: LAND DEVELOPMENT CODE
Street abandonment,ordinance required.. 66-39
PARTNERSHIPS
OUTDOOR ADVERTISING Persons; definitions and rules of construc-
Signs tion extended and applied to 1-2
Land development code regulations 94-1 et seq.
See:LAND DEVELOPMENT CODE PEDDLERS, CANVASSERS AND SOLICI-
TORS
OUTDOOR ENTERTAINMENT Definitions 16-26
Compliance with other laws 10-47 Fraud 16-30
Definitions 10-46 Harassment prohibited 16-28
Exceptions to provisions 10-50 Permission to enter premises required.... 6-27
Fees schedule in general. See: FEES (Ap- Permit
pendix B) Appeals 16-56
Occupational license required 10-49 Application 16-52
Penalties for violations 10-48 Badge for solicitors 16-57
Permit Exhibition of permit on request 16-58
Application 10-62 Investigation;denial or issuance of;record 16-53
Cash cleanup bond 10-64 Notice of hearing 16-55
Fee 10-63 Required 16-51
Required 10-61 Revocation 16-54
Report of violations 16-31
OWNER
Definitions and rules of construction 1-2 Solicitor to leave when requested 16-29
PENALTIES. See: FINES, FORFEITURES
P AND OTHER PENALTIES
PARKING PERSON
General regulations 74-56 et seq. Definitions and rules of construction 1-2
See:MOTOR VEHICLES AND TRAFFIC PERSONNEL. See: OFFICERS AND EM-
PARKS AND RECREATION PLOYEES
Alcoholic beverages PHONOGRAPHS
Possession and consumption 6-52 Noises,enumeration of prohibited 34-153(2)
Animals
Prohibited in parks 14-28 PHOTOGRAPHY
Beautification board 2-181 et seq. Motion and still photography production
See:BEAUTIFICATION BOARD permits
Boats,vessels regulated 54-46 et seq. Application for permit 16-66
See:BOATS,DOCKS AND WATERWAYS City manager to act as agent for city 16-64
Concurrency management 86-1 et seq. Definitions 16-63
See:LAND DEVELOPMENT CODE Nonexemption from other city Code re-
Fees schedule in general. See: FEES (Ap- quirements 16-67
pendix B) Purposes 16-61
Glass container prohibited 54-1 Recovery of costs for extraordinary ser-
Impact fees generally 2-231 et seq. vices 16-68
See:IMPACT FEES Required 16-65
Supp.No. 2 CDi:32
CODE INDEX
‘11100°
PHOTOGRAPHY—Cont'd. Section Sectio:
Suspension and revocation 16-65
Title 16-60
Violations and penalties 16-65
PIPE LINES
Franchise regulations in general.See:FRAN-
CHISES(Appendix A)
L
L
Supp.No. 2 CDi:32.1
J
J
3
•
CODE INDEX
(111110110?
Section Section
SIGNS AND BILLBOARDS—Cont'd. SOLID WASTE—Cont'd.
Handbills Unlawful acts
Litter regulations 34-51 et seq. Burning or burying of solid waste 62-11(c)
See:LITTER Container of another 62-11(b)
Property maintenance standards Hazardous materials 62-11(f)
Sign appearance and maintenance 34-100 Obstruction 62-11(a)
Specific regulations pertaining signs 94-1 et seq. Unlawful accumulations 62-11(d)
See:SIGNS AND BILLBOARDS Unlawful disposal 62-11(e)
Truck routes,signs for 74-32 SOUND AMPLIFIERS
SINGING Noises,enumeration of prohibited 34-153(3)
Noises,enumeration of prohibited 34-153(4) STANDARD FIRE PREVENTION CODE.See:
SITE PLANS FIRE PREVENTION
Fees schedule in general. See: FEES (Ap- STATE
pendix B) Abandoned property
Land development code regulations re zon- Notification of owner; following removal
ing 110-26 et seq. by city
See:LAND DEVELOPMENT CODE Documentation filed with state 34-185(e)
Planning and zoning board 58-26 et seq. Adult entertainment
See:PLANNING AND ZONING BOARD Compliance with state requirements.... 10-163
SOLAR ENERGY STANDARDS Definitions and rules of construction 1-2
Adopted 82-221 Election code adopted 26-1
Compliance with building code 82-223 Law
Permit fee 82-222 City attorney
Duties 2-126(3)
SOLICITORS. See: PEDDLERS, CANVASS- Misdemeanor acts adopted,penalty 50-1
ERS AND SOLICITORS Parking,state law adopted 74-56
‘1111111100" SOLID WASTE Threshold buildings,state law adopted82-321
City Vehicles for hire
Authority to collect 62-3 Application of provisions to vehicle,oper-
Ownership by city 62-4 ator regulator by state government. 80-2
Complaint procedure 62-6 STORAGE
Concurrency management 86-1 et seq. Abandoned vehicles on private property... 34-181
See:LAND DEVELOPMENT CODE Fireworks
Containers Storage of materials 38-87
Required 62-8
Definitions 62-1 STORM DRAINAGE
Fees schedule in general. See: FEES (Ap- Certain ordinances not affected by Code... 1-10(a)(17)
pendix B) Subdivisions
Ownership by city 62-4 Land development code regulations 98-1 et seq.
Penalties 62-2 See:LAND DEVELOPMENT CODE
Proper disposal prerequisite to collection 62-10 STORMWATER MANAGEMENT
Public nuisances prohibited Coastal construction code 82-81 et seq.
Dead plants,refuse,debris See: LAND DEVELOPMENT CODE
Yards,etc.,to be kept free of 34-122 Fees schedule in general. See: FEES (Ap-
Regulations on file 62-12 pendix B)
Residential solid waste pickup conditions Sanitary sewer system 78-26 et seq.
Location of solid waste containers 62-9(f) See:SEWERS AND SEWAGE DISPOSAL
Pickup 62-9(e) Street excavations 66-61 et seq.
Recyclable material 62-9(b) See: STREETS, SIDEWALKS AND
Separation of solid waste 62-9(a) OTHER PUBLIC WAYS
Solid waste 62-9(d) Wetlands protection 106-26 et seq.
Yard waste 62-9(c) See: LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq.
See:SEWERS AND SEWAGE DISPOSAL STREETS,SIDEWALKS AND OTHER PUB-
Schedule of fees 62-5 LIC WAYS
Transporting 62-7 Adult entertainment
Lisse Tree protection,land clearing 102-36 et seq. Covering glass areas facing public thor-
See:LAND DEVELOPMENT CODE oughfares 10-164
Supp.No. 2 CDi:37
CAPE CANAVERAL CODE
Section Section
STREETS,SIDEWALKS AND OTHER PUB- STREETS,SIDEWALKS AND OTHER PUB-
LIC WAYS—Cont'd. LIC WAYS—Cont'd.
Alcoholic beverages Solicitors,peddlers and itinerant merchants 16-26 et seq.
Possession and consumption 6-51 See: PEDDLERS, CANVASSERS AND
Beautification board generally 2-181 et seq. SOLICITORS
See:BEAUTIFICATION BOARD Solid waste generally 62-1 et seq.
Certain ordinances not affected by Code... 1-10(a)(5) See:SOLID WASTE
Concurrency management system 86-1 et seq. Transporting regulations 62-7
See:MOTOR VEHICLES AND TRAFFIC Street lights
Excavations Sea turtle regulations 14-57
City Streets
Authority of city 66-64 Abandonment
Right to restore surface 66-69 Authority 66-36
Cleanup 66-68 Ordinance required 66-39
Emergencies 66-70 Petition
Engineering details 66-66 For action 66-37
Guarantee 66-67 Procedure 66-38
Inspections 66-63 Civil liability for damage 66-26
Liability of city 66-62 Subdivisions
Method of installation 66-65 Land development code regulations 98-1 et seq.
Penalty 66-61 See:LAND DEVELOPMENT CODE
Permit Traffic
Application 66-82 Certain ordinances not affected by Code. 1-10(aX8)
Cash deposits 66-84 Travel on other than streets or highways 74-1
Fee 66-83 Tree protection,land clearing 102-36 et seq.
Required 66-81 See:LAND DEVELOPMENT CODE
Fire lanes,designation of 74-62 Trucks generally 74-26 et seq.
Franchise regulations in general.See:FRAN- See:MOTOR VEHICLES AND TRAFFIC
CHISES(Appendix A) Weeds and vegetation 34-121 et seq.
Grades See:WEEDS AND DEAD VEGETATION ,....i 0)
Certain ordinances not affected by Code. 1-10(a)(10) Wetlands protection 106-26 et seq.
Handbills See:LAND DEVELOPMENT CODE
Throwing or distributing in public places 34-51 Yelling, shouting, hooting,whistling, sing-
Impact fees generally 2-231 et seq. ing
See:IMPACT FEES
Land development code regulations re zon- SUBDIVISIONS
ing 110-26 et seq. Beautification board generally 2-181 et seq.
See:LAND DEVELOPMENT CODE See:BEAUTIFICATION BOARD
Lighting 34-206 et seq. Commercial development board 22-26 et seq.
See:LIGHTING See: COMMERCIAL DEVELOPMENT
Litter 34-26 et seq. BOARD
See:LITTER Dedicating or accepting
Local planning agency 58-56 et seq. Certain ordinances not affected by Code. 1-10(a)(12)
See:PLANNING AND DEVELOPMENT Fees schedule in general. See: FEES (Ap-
Noise pendix B)
Enumeration of prohibited 34-153(4) Flood damage prevention 90-26 et seq.
Numbering of buildings and property 82-366 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Impact fees generally 2-231 et seq.
Open containers See: IMPACT FEES
Prohibited in motor vehicles 6-68 Land development code
Parks and recreation areas 54-1 et seq. Regulations re subdivisions 98-1 et seq.
See:PARKS AND RECREATION See:LAND DEVELOPMENT CODE
Property maintenance standards 34-91 et seq. Regulations re zoning 110-26 et seq.
See:PROPERTY MAINTENANCE STAN- See:LAND DEVELOPMENT CODE
DARDS Planning and zoning board 58-26 et seq.
Public service tax generally 70-26 et seq. See:PLANNING AND ZONING BOARD
See:TAXATION Public service tax generally 70-26 et seq.
Signs See:TAXATION
Land development code regulations 94-1 et seq. Purchasing
See:LAND DEVELOPMENT CODE Prohibition against subdivisions 2-223
Supp.No. 2 CDi:38
CODE INDEX
(111116100e
Section Section
SUBDMSIONS—Cont'd. TAXATION—Cont'd.
Sanitary sewer system 78-26 et seq. Delinquencies 70-76
See:SEWERS AND SEWAGE DISPOSAL Engaging in business
Street excavations 66-61 et seq. Evidence of engaging in business 70-72
See: STREETS, SIDEWALKS AND Without paying tax or making reports 70-71
OTHER PUBLIC WAYS Exemptions 70-83
Wetlands protection 106-26 et seq. Insurance 70-84
See:LAND DEVELOPMENT CODE Levied 70-67
Licenses
SUITS,ACTIONS AND OTHER PROCEED- Application for
INGS False statements in 70-73
Codes does not affect prior acts committed Businesses not otherwise designated,
or done 1-8 license tax for 70-88
Effect of repeal of ordinances on suits or Display of license 70-79
proceedings pending 1-9(b) Duplicate,issuance of 70-80
Failure to obtain or renew license 70-75
SURFACE DRAINAGE Form of licenses 70-70
Subdivisions Issuance
Land development code regulations 98-1 et seq. Payment of tax prerequisite to 70-69
See:LAND DEVELOPMENT CODE Records of issued licenses 70-86
SURVEYS,MAPS AND PLATS License year 70-74
Multiple licenses 70-78
Amendment to zoning map Payment of tax prerequisite to issu-
Certain ordinances not affected by Code. 1-10(a)(9)
City engineer ance 70-69
Duties 2-151(1) Preservation of license 70-79
Dedicating or accepting Records of licensees 70-87
RepCertain ordinances not affected by Code. 1-10(a)(12) q of information 70-70
Franchise regulations in general.See:FRAN- Required 70-69
(11ilii. CHISES(Appendix A) Separate license required for each place
Outdoor entertainment permit require- of business 70-77
ments 10-62(2) Signing of licenses 70-70
Subdivisions Term of license 70-74
Land development code regulations 98-1 et seq. Transferability 70-81
See:LAND DEVELOPMENT CODE Proration of tax 70-74
Truck routes,map of 74-31 Rate schedule 70-89
Records of licensees 70-87
SWEAR OR SWORN.See:OATH,AFFIRMA- Refunds 70-82
TION,SWEAR OR SWORN Tax payment date 70-74
Violations and penalties 70-68
SWIMMING POOLS Failure to obtain or renew license 70-75
Land development code regulations re zon- Public service tax
ing 110-26 et seq. Applicability 70-28
See:LAND DEVELOPMENT CODE Appropriation of revenue 70-44
Swimming pool code Authority;findings 70-27
Administrative authority or official 82-247 Collection 70-35
Adopted 82-246 Computation 70-32
Continuance of tax and appropriation70-45
T Definitions 70-26
Discontinuance of utilities service 70-39
TAXATION Exemptions 70-30
Certain ordinances not affected by Code... 1-10(a)(7) Failure to pay tax
Fees schedule in general. See: FEES (Ap- Collected 70-38
pendix B) Generally 70-42
Franchise regulations in general.See:FRAN- Levied 70-29
CHISES(Appendix A) Monthly computation 70-34
Local improvements Payment 70-31
Certain ordinances not affected by Code. 1-10(a)(11) Payment of utilities service without pay-
Occupational license tax ment of tax 70-41
Contractors and subcontractors Penalty 70-43
Lille Special requirements for 70-85 Purchase of utilities service
Definitions 70-66 Generally 70-33
Supp.No. 2 CDi:39
CAPE CANAVERAL CODE
Section Section
TAXATION—Cont'd. TOPOGRAPHY—Cont'd.
Without collecting tax 70-37 Subdivisions
Records 70-36 Land development code regulations 98-1 et seq.
Sale of utilities service without collection See:LAND DEVELOPMENT CODE
of tax 70-40
Vehicles for hire TORNADOS
Licenses and fees to be in addition to Civil emergencies generally 18-1 et seq.
other taxes and charges 80-3 See: CIVIL EMERGENCIES
TAXICABS. See:VEHICLES FOR HIRE TOWING
Abandoned property
TECIL\-ICAL CODES Liability of owner for towing, storage
Amusement device code 10-26 expenses 34-188
Building codes 82-1 et seq.
See: LAND DEVELOPMENT CODE TOWNHOUSES
Coastal construction code 82-81 et seq. Land development code regulations re zon-
See: LAND DEVELOPMENT CODE ing 110-26 et seq.
Excavation and grading code 82-296,82-297 See:LAND DEVELOPMENT CODE
Fire prevention code 38-26 et seq. TOXIC WASTE.See: SOLID WASTE
See:FIRE PREVENTION
Gas code 82-171 et seq. TRADES
See: LAND DEVELOPMENT CODE Occupational license tax 70-66 et seq.
Housing code 82-271 et seq. See:TAXATION
See:LAND DEVELOPMENT CODE
Life Safety Code 38-28,38-29 TRAFFIC. See: MOTOR VEHICLES AND
Mechanical code 82-196 et seq. TRAFFIC
See: LAND DEVELOPMENT CODE TRASH. See: SOLID WASTE
National Fire Prevention Code 38-26,38-27
Plumbing code 82-146 et seq. . TREASURER.See:CITY TREASURER
See: LAND DEVELOPMENT CODE
Solar energy standards 82-221 et seq. TREES AND SHRUBBERY 'qv)
See:LAND..PEVELOPMENT CODE Fees schedule in general. See: FEES (Ap-
Standard Fire Prevention Code 38-30,38-31 pendix B)
Swimming pool code 82-246,82-247 Impact fees generally 2-231 et seq.
See:LAND DEVELOPMENT CODE See: IMPACT FEES
Unsafe building abatement code 82-56 et seq. Tree protection
See: LAND DEVELOPMENT CODE Land clearing 102-36 et seq.
See:LAND DEVELOPMENT CODE
TELEGRAPH SERVICES Weeds and vegetation 34-121 et seq.
Public service tax generally 70-26 et seq. See:WEEDS AND DEAD VEGETATION
See:TAXATION
TRUCKS
TELEPHONES Load regulations re litter 34-34
Franchise regulations in general.See:FRAN- Parking 74-60
CHISES(Appendix A) Traffic regulations 74-26 et seq.
Telephone alarm devices 30-32 See:MOTOR VEHICLES AND TRAFFIC
TELEVISIONS TURTLES •
Franchise regulations in general.See:FRAN- Sea turtles 14-51 et seq.
CHISES(Appendix A) See:ANIMALS AND FOWL
Noises,enumeration of prohibited 34-153(2)
TENSE U
Deanitions and rules of construction 1-2
UNSAFE BUILDING ABATEMENT CODE
TIME Administrative authority or official 82-57
C:mputation of time Adopted 82-56
Definitions and rules of construction.... 1-2 Amendments 82-58
TOPOGRAPHY UTILITIES
Przperty maintenance standards 34-91 et seq. Electrical code 82-116 et seq.
See:PROPERTY MAINTENANCE STAN- See:LAND DEVELOPMENT CODE
DARDS Excavation and grading code 82-296,82-297 -......)
Supra.No. 2 CDi:40
CODE INDEX
Le Section Section
UTILITIES-Cont'd. VEHICLES FOR HIRE—Cont'd
Flood damage prevention 90-26 et seq. Cruising,soliciting business prohibited ... 80-83
See:LAND DEVELOPMENT CODE Definitions 80-1
Franchise regulations in general.See:FRAN- Driver's attendance to vehicles 80-84
CHISES(Appendix A) Driver's permit
Gas code 82-171 et seq. Application 80-53
See:LAND DEVELOPMENT CODE Fees 80-55
Housing code 82-271 et seq. Fees schedule in general.See:FEES(Ap-
See:HOUSING pendix B)
Impact fees generally 2-231 et seq. Investigation; issuance,denial;posting.. 80-54
See:IMPACT FEES Penalty 80-52
Land development code regulations re zon- Required 80-51
ing 110-26 et seq. Surrender;revocation;suspension 80-57
See:LAND DEVELOPMENT CODE Transferability;term of validity 80-56
Mechanical code 82-196,82-197 Federal or state government
Plumbing code 82-146 et seq. Application to vehicles, operators regu-
See:LAND DEVELOPMENT CODE lated by 80-2
Public service tax generally 70-26 et seq. Fees schedule in general. See: FEES (Ap-
See:TAXATION pendix B)
Reclaimed water 78-176 et seq. Insurance 80-5
See:WATER SUPPLY AND DISTRIBU- Licenses and fees to be in addition to other
TION taxes and charges 80-3
Sanitary sewer system 78-26 et seq. Lost money or property 80-86
See:SEWERS AND SEWAGE DISPOSAL Maintenance of records 80-85
Service rate, deposits and billing proce- Nonpaying passengers with paying passen-
dures gers,transporting of 80-80
Deposit required 78-151 Number of passengers carried 80-79
Monthly sewer rates 78-152 Police radio calls, receiving prohibited; ra-
LI1001 Payment of sewer charges required 78-153 dios which may be used 80-81
Sewer fees where owner has private wa- Rates and charges
ter supply 78-154 Charging rates in excess of established
Solar energy standards 82-221 et seq. rates 80-78
See:LAND DEVELOPMENT CODE Schedule of 80-77
Street excavations 66-61 et seq. Report of accidents 80-88
See: STREETS, SIDEWALKS AND Required equipment;standards
OTHER PUBLIC WAYS Compliance 80-76(a)
Swimming pool code 82-246,82-247 General mechanical condition; cleanli-
Threshold buildings 82-321 et seq. ness; lighting 80-76(c)
See:LAND DEVELOPMENT CODE Letters,numbers required 80-76(e)
Wetlands protection 106-26 et seq. Mechanical inspection 80-76(d)
See:LAND DEVELOPMENT CODE Substitution of equipment 80-76(g)
Taximeters 80-76(f)
V Vehicle type,capacity 80-76(b)
Schedule rates and charges 80-77
VEGETATION. See: WEEDS AND DEAD Stands,depots,terminals and parking 80-82
VEGETATION
VESSELS. See: BOATS, DOCKS AND WA-
VEHICLES FOR HIRE TERWAYS
Accidents
Report of 80-88 W
Alcoholic beverages 80-87
Certificate of public convenience and neces- WASTEWATER
sity license Sewer impact fees
Application 80-27 Excessive quantity of 78-123
Approval 80-28
Burden of proof 80-29 WATER SUPPLY AND DISTRIBUTION
Expiration 80-30 Adult entertainment establishments 10-165(a)
Required 80-26 Concurrency management 86-1 et seq.
Suspension and revocation 80-31 See:LAND DEVELOPMENT CODE
Llile Transfer 80-32 Flood damage prevention 90-26 et seq.
Compliance with provisions 80-4 See:LAND DEVELOPMENT CODE
Supp.No. 2 CDi:41
CAPE CANAVERAL CODE
Section Section
WATER SUPPLY AND DISTRIBUTION— Y
Cont'd. YARD WASTE.See:SOLID WASTE
Impact fees generally 2-231 et seq.
See:IMPACT FEES YARDS AND OPEN SPACES
Public service tax generally 70-26 et seq. Subdivisions
See:TAXATION Land development code regulations 98-1 et seq.
Reclaimed water See:LAND DEVELOPMENT CODE
Connection to the system 78-177 Weeds and vegetation 34-121 et seq.
Definitions 78-176 See:WEEDS AND DEAD VEGETATION
Installation and inspection of the re-
claimed water system YELLING
Adoption of Chapter 62-610,F.A.C78-200 Noises,enumeration of prohibited 34-153(4)
Areas embraced 78-197
Code enforcement board authority and Z
violation liability 78-195 ZONING
Cross connection control 78-198 Adult entertainment establishments
Discontinuance of service 78-193
Distance and dispersal requirements.... 10-166
Inspections 78-192
Policies and regulations adopted;corn- Amendments to map
pliance required 78-191 Certain ordinances not affected by Code. 1-10(a)(9)
Public employees liability 78-196 Fees schedule in general. See: FEES (Ap-
Unauthorized use 78_199 pendix B)
Unlawful connections or practices 78-194 Flood damage prevention 90-26 et seq.
Irrigation usage rates 78-180 See:LAND DEVELOPMENT CODE
Reclaimed water uses 78-178 Land development code 110-1 et seq.
Sanitary sewer system 78-26 et seq. See: LAND DEVELOPMENT CODE
See:SEWERS AND SEWAGE DISPOSAL Local planning agency 58-56 et seq.
Subdivisions See:PLANNING AND DEVELOPMENT
Land development code regulations 98-1 et seq. Planning and zoning board 58-26 et seq.
See:LAND DEVELOPMENT CODE See:PLANNING AND ZONING BOARD3
Swimming pool code 82-246,82-247 Political signs 94-78
Signs
WATERWAYS, WATERCOURSES. See: Land development code regulations 94-1 et seq.
BOATS,DOCKS AND WATERWAYS See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
WEEDS AND DEAD VEGETATION See: STREETS, SIDEWALKS AND
Fees schedule in general. See: FEES (Ap- OTHER PUBLIC WAYS
pendix B) Subdivisions
Intent 34-121 Land development code regulations 98-1 et seq.
Notice to remedy nuisance 34-123 See:LAND DEVELOPMENT CODE
Public nuisance prohibited 34-122 Weeds and vegetation 34-121 et seq.
Records 34-127 See:WEEDS AND DEAD VEGETATION
Remedies by city 34-126 Wetlands protection 106-26 et seq.
Tree protection,land clearing 102-36 et seq. See: LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE
WETLANDS PROTECTION
Specific regulations 106-26 et seq.
See:LAND DEVELOPMENT CODE
WHISKEY. See:ALCOHOLIC BEVERAGES
WHISTLING
Noises,enumeration of prohibited 34-153(4)
WINE.See:ALCOHOLIC BEVERAGES
WRITS, WARRANTS AND OTHER PRO-
CESSES
Franchise regulations in general.See:FRAN-
CHISES(Appendix A)
Supp.No. 2 CDi:42