HomeMy WebLinkAboutSupplement 01 SUPPLEMENT NO. 1
‘01111100/ December 1994
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. 36-94, enacted September 20, 1994.
See the Code Comparative Table for further information.
Included in the Charter is:
Ordinance No. 34-94, adopted September 20, 1994.
See the Charter Comparative Table for further information.
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INSTRUCTION SHEET—Cont'd.
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Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(904) 576-3171
1-800-262-CODE
J
‘411issi
ADOPTING ORDINANCE
ORDINANCE NO. 15-94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUN-
TY, FLORIDA, ADOPTING AND ENACTING A NEW CODE FOR THE
CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR THE REPEAL
OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A
PENALTY FOR THE VIOLATION THEREOF;PROVIDING FOR THE MAN-
NER OF AMENDING SUCH CODE;AND PROVIDING WHEN SUCH CODE
AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, that:
Section 1.The Code entitled"Code of Ordinances, City of Cape Canaveral,
Florida" published by Municipal Code Corporation consisting of Chapters 1
through 110, each inclusive, is adopted.
Section 2.All ordinances of a general and permanent nature enacted on or
before February 1, 1994, and not included in the Code or recognized and con-
tinued in force by reference therein, are repealed.
Section 3.The repeal provided for in Section 2 hereof shall not be construed
to revive any ordinance or part thereof that has been repealed by a subsequent
ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person con-
victed of a violation of any provision of the Code or any ordinance, rule or
regulation adopted or issued in pursuance thereof, shall be punished by a fine
not to exceed $500.00 or a term of imprisonment not to exceed 60 days or by
both a fine and term of imprisonment. Each act of violation and each day upon
which any such violation shall occur shall constitute a separate offense. The
penalty provided by this section,unless another penalty is expressly provided,
shall apply to the amendment of any Code section whether or not such penalty
is reenacted in the amendatory ordinance. In addition to the penalty pre-
scribed above, the city may pursue other remedies such as code enforcement,
abatement of nuisances,injunctive relief,and revocation of licenses or permits.
Section 5.Additions or amendments to the Code when passed in the form as
to indicate the intention of the City Council to make the same a part of the
Code shall be deemed to be incorporated in the Code, so that reference to the
Code includes the additions and amendments.
Section 6. Ordinances adopted after February 1, 1994, that amend or refer
to ordinances that have been codified in the Code,shall be construed as if they
amend or refer to like provisions of the Code.
Section 7.Effective Date.This ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City of Cape Canaveral,Brevard County,Florida,this 3rd
day of May, 1994.
/s/ John K. Porter
Mayor Pro Tem
Supp. No. 1 ix
ATTEST:
/s/ Faith G. Miller ,,
City Clerk
APPROVED AS TO FORM:
/s/ John R. Kancilia
City Attorney
3
3
Supp. No. 1 g
Liere'
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
Liere 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
1. General Provisions CD1:1
Supp.No. 1 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 CD2:6
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. 1 xii
TABLE OF CONTENTS—Cont'd.
Lire
Chapter Page
Art. III. Sea Turtles CD14:3
15. Reserved CD 15:1
16. Businesses CD16:1
Art. I. In General CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production Permits CD16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Commercial Development Board CD22:3
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
‘1110? 30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
Div. 1. Generally CD30:3
Div. 2. Permit CD30:5
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:5
Div. 3. Abatement CD34:6
Art. III. Property Maintenance Standards CD34:7
Art. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. W. Abandoned Property CD34:14
Art. VII. Lights CD34:19
35-37. Reserved CD35:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:7
Art. IV. Fireworks CD38:7
Art. V. Hazardous Materials and Substances CD38:8
39. Reserved CD39:1
Supp. No. 1 Xiii
CAPE CANAVERAL CODE
Chapter Page
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
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
71-73. Reserved CD71:1
Supp.No. 1 xiv
TABLE OF CONTENTS—Cont'd.
Lisoe
Chapter Page
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
79. Reserved CD79:1
80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Necessity,
License CD80:4
Art. III. Driver's Permit CD80:5
Art. IV. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. In General CD82:5
Art. II. Building Code CD82:5
Art. III. Unsafe Building Abatement Code CD82:7
Art. IV. Coastal Construction Code CD82:7
Art. V. Electrical Code CD82:13
Art. VI. Plumbing Code CD82:15
Art. VII. Gas Code CD82:17
Art. VIII. Mechanical Code CD82:18
Art. IX. Solar Energy Standards CD82:19
Art. X. Swimming Pool Code CD82:19
Art. XI. Housing Code CD82:20
Art. XII. Excavation and Grading Code CD82:20
Art. XIII. Threshold Buildings CD82:21
Div. 1. Generally CD82:21
Div. 2. Special Inspector CD82:22
Art. XIV. Numbering of Buildings and Property CD82:23
83-85. Reserved CD83:1
Loy 86. Concurrency Management System CD86:1
Supp. No. 1 xv
CAPE CANAVERAL CODE
Chapter Page
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. N. Improvements CD98:15
Div. 1. Generally CD98:15
Div. 2. Design Standards CD98:18
99-101. Reserved CD99:1
102. Vegetation CD102:1
Art. I. In General CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
103-105. Reserved CD103:1
Supp. No. 1 xvi
Lie TABLE OF CONTENTS—Cont'd.
Chapter Page
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:7
Art. II. Board of Adjustment CD110:14
Div. 1. Generally CD110:14
Div. 2. Special Exceptions CD110:16
Div. 3. Variances CD110:18
Art. III. Administration and Enforcement CD110:19
Div. 1. Generally CD110:19
Div. 2. Permits CD110:20
Div. 3. Certificate of Occupancy CD110:21
Div. 4. Amendments and Rezonings CD110:22
Art. IV. Special Exceptions CD110:23
Div. 1. Generally CD110:23
Div. 2. Alcoholic Beverages CD110:23
Art. V. Nonconformities CD110:25
Art. VI. Site Plans CD110:28
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 Devel-
opment 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
Div. 7. Landscaping and Vegetation CD110:69
Div. 8. Swimming Pools CD110:71
Appendix
A. Franchises CDA:1
‘11ire` Art. I. Cable Communications CDA:3
Art. II. Electric CDA:9
Supp.No. 1 Xvii
CAPE CANAVERAL CODE
Appendix
Art. III. Gas CDA:11
Art. IV. Telephone CDA:19
Art. V. Water CDA:20
B. Schedule of Fees CDB:1
Code Comparative Table—Laws of Florida CCT:1
Code Comparative Table-1981 Code CCT:3
Code Comparative Table—Ordinances and Resolutions CCT:9
State Law Reference Table SLT:1
Charter Index CHTi:1
Code Index CDi:1
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Supp.No. 1 xviii
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Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis,it has become evident that through usage and supplementation
many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of each
page.
In the first column all page numbers are listed in sequence. The second column
reflects the latest printing of the pages as they should appear in an up-to-date
volume. The letters "OC" indicate the pages have not been reprinted in the
Supplement Service and appear as published for the original Code.When a page
has been reprinted or printed in the Supplement Service,this column reflects the
identification number or Supplement Number printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent
Supplements.
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CD98:11, CD98:12 OC CD110:57, CD110:58 OC
CD98:13, CD98:14 OC CD110:59, CD110:60 OC
CD98:15, CD98:16 OC CD110:61, CD110:62 OC
CD98:17, CD98:18 OC CD110:63, CD110:64 OC
CD98:19, CD98:20 OC CD 110:65, CD 110:66 OC
CD98:21, CD98:22 OC CD110:67, CD110:68 1
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CAPE CANAVERAL CODE
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CDA:1, CDA:2 1 CDi:41, CDi:42 1
CDA:3, CDA:4 OC
CDA:5, CDA:6 OC
CDA:7, CDA:8 OC
CDA:9, CDA:10 OC
CDA:11, CDA:12 OC
CDA:13, CDA:14 OC
CDA:15, CDA:16 OC
CDA:17, CDA:18 OC
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CDB:1 OC
CDB:3, CDB:4 OC
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CDB:7, CDB:8 1
CDB:9, CDB:10 1
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CDB:13, CDB:14 OC
CDB:15 1
CCT:1 OC
CCT:3, CCT:4 OC
CCT:5, CCT:6 OC
CCT:7, CCT:8 OC
CCT:9, CCT:10 OC
CCT:11, CCT:12 OC
CCT:13, CCT:14 1
SLT:1, SLT:2 1
CHTi:1, CHTi:2 OC
CHTi:3, CHTi:4 OC
CHTi:5 OC
CDi:1, CDi:2 1
CDi:3, CDi:4 1
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Supp.No. 1 [4]
CHARTER Art. II, § 1
L
ARTICLE II. GENERAL POWERS* 8.-28. [Reserved]
Editor's note—Subsections 8.-28., which
have not been amended by referendum after July
Sec. 1. Extension of general powers. 1, 1973,and which are not extraterritorial pow-
ers,have been editorially deleted as superseded
The city shall have the powers, functions and by state law or unnecessary as home rule powers
immunities granted to municipal corporations by of a municipality are derived from the constitu-
tion and F.S.ch. 166.
the Constitution and the general laws of the State
of Florida, as now or hereafter existing, together 29. To drain swamp, marsh, overflow and low-
with the implied powers necessary to carry into lands within or without the City for the
execution all the powers granted. The enumera- betterment of sanitary conditions within the
tion of particular powers by this act shall not be City;
deemed to be exclusive, and in addition to the 30., 31. [Reserved]
powers enumerated herein or implied hereby, or Editor's note—Subsections 30. and 31.,
appropriate to the exercise of such powers, it is which have not been amended by referendum
intended that the City shall have and exercise all after July 1, 1973,and which are not extraterri-
powers authorized by general laws of Florida tonal powers, have been editorially deleted as
which it would be competent for this act to spe- unnecessary as home rule powers of a munici-
pality are derived from the constitution and F.S.
cifically enumerate. The following are among the ch. 166.
powers of this City,subject to the limitations here-
inafter expressed: 32. To acquire, own, operate, lease, construct
and maintain incinerators, sanitary land
1. To purchase, lease, receive and hold prop- fills or other means of garbage and trash
erty, real, personal and mixed, both within disposal within or without the corporate
Land without its corporate limits, and to limits of the City;
lease, sell or otherwise dispose of the same
for the benefit of the City; 33.-38. [Reserved]
Editor's note—Subsections 33.-38., which
2. To acquire title to submerged lands and ri- have not been amended by referendum after July
parian rights and easements or rights-of- 1, 1973,and which are not extraterritorial pow-
way with or without restrictions,within or ers,have been editorially deleted as unnecessary
as home rule powers of a municipality are de-
without the corporate limits of the City;
rived from the constitution and F.S. ch. 166.
3.-6. [Reserved] 39. To pass such ordinances as may be neces-
Editor's note—Subsections 3.-6., which sary to protect and preserve peace and or-
have not been amended by referendum after July der upon all property owned, leased, man-
1, 1973,and which are not extraterritorial pow- aged or controlled by the City outside its
ers,have been editorially deleted as superseded
by state law or unnecessary as home rule powers
corporate limits;
of a municipality are derived from the constitu-
tion and F.S. ch. 166. 40.-60. [Reserved]
Editor's note–Subsections 40.-60., which
7. To construct, regulate, improve and main- have not been amended by referendum after July
tain canals, rivers and other waterways, 1, 1973,and which are not extraterritorial pow-
and to control the development and use of ers,have been editorially deleted as superseded
by state law or as unnecessary as home rule pow-
such natural or artificial streams or bodies ers of a municipality are derived from the con-
of water inside its corporate limits, or out- stitution and F.S. ch. 166.
side its corporate limits where necessary 61. The City of Cape Canaveral shall have the
for the health, safety and general welfare power to adopt laws, ordinances, rules and
of the citizens of the City; regulations for the purpose of exercising the
*State law reference—Municipal Home Rule Powers Act, foregoing powers and to do all other acts
F.S.ch. 166. and perform all other functions reasonably
Supp.No. 1 CHT:7
Art.II,§ 1 CAPE CANAVERAL.CODE
required for the protection of the public wel- Sec. 3. Compensation of officers.
fare, and the rights and privileges of the The City Council may, by Ordinance, provide
inhabitants of said City.
for the compensation of the Mayor, its members
and its appointed officers, and the method of pay-
ment of the same.
(Ord. No. 30-94, § 1, 8-2-94)
ARTICLE M. ELECTED OFFICERS,
QUALIFICATIONS AND TERMS* Sec. 4. Vacancies in elected offices.
If any vacancy occurs in the City Council for
Sec. 1. Qualifications of mayor and coun- any reason other than the recall of a Council Per-
cilmembers. son,the City Council shall,within thirty(30)days
following the occurrence of a vacancy, elect a suc-
cessor Council Person who shall serve until the
The Mayor and members of the City Council next General Election.At the next General Elec-
shall be residents of the City of Cape Canaveral tion,the vacant position shall be filled by a vote of
and shall have and possess the qualifications of the electors for the remainder of the original term.
electors therein. Any member of the Council or Any Councilmember so elected shall take office
any Mayor who shall cease to have and possess immediately upon his or her election and qualifi-
the qualifications imposed on such office or who cation.If three(3)or more seats on the City Coun-
shall, while in office, be convicted of a crime in- cil shall be vacant at the same time,the Governor
volving moral turpitude, shall forfeit his or her shall appoint successor Councilmembers to fill the
office and his or her seat shall immediately be- vacancies on the City Council and any Coun-
come vacant. Absence from four consecutive reg- cilmembers so appointed shall serve until their
ular meetings of the City Council, or from thirty successors shall be elected and qualified.The City
percent of the meetings held annually, shall oper- Council shall call a special election to fill the un-
ate to vacate the seat of a member of the City expired terms of office of the Councilmembers
Council or the office of the Mayor unless such ab- whose seats become vacant,and said election shall
sence shall be excused by a resolution duly adopt- be held within sixty (60) days following the said
ed by the City Council. appointments by the Governor. If such appoint-
(Ord.No. 14-89, § 1, 10-17-89;Ord.No. 38-93, §2, ments shall be made within six months of the
10-19-93) next General Election,no special election shall be
required but those offices shall be filled at such
Sec. 2. Appointed officers. General Election. If there shall be a vacancy in
the office of Mayor,the Mayor Pro Tern shall serve
as Mayor until the next General Election of the
The City Council shall have the power to ap- City, at which time an election shall be held for
point,employ and remove from office such officers the unexpired term of the vacated office of Mayor.
and employees of the City as the City Council (Amended by election, 6-2-70; amended by elec-
shall deem necessary for the operation of the City. tion, 11-2-82; Ord. No. 38-93, § 4, 10-19-93)
Said appointments and removals shall be subject
to the majority vote of the City Councilmembers.
The City Council shall fix the compensation of all
appointed officers of the City by resolution. The
appointed officers shall be those of the City Man-
ager and the City Attorney.
(Amended by election, 11-8-83; Ord. No. 38-93, §
3, 10-19-93)
*State law reference—Elections,state election code,F.S.
chs. 97-106.
Supp.No. 1 CHT:8
CHARTER Art.XXIV, § 11
00,
and delivered to the office,department, board,corn- oath,such oath to be administered by some officer
mission or agency to which such powers and du- having authority under the law of the State of
ties of any office, department, board, commission Florida to administer oaths. Failure to obey such
or agency are by this act assigned to another office, subpoena or to produce books,papers or other ev-
department, board, commission or agency, and all idence as ordered under the provisions of this Sec-
records, property and equipment relating exclu- tion shall constitute a misdemeanor and shall be
sively thereto shall be transferred and delivered to punishable by a fine not to exceed Five Hundred
the office, department, board,commission or agen- Dollars ($500.00) or by imprisonment not to ex-
cy to which such powers and duties are so as- ceed sixty(60) days, or both.
signed.
Sec. 4. Procedure for passage of ordinanc- Sec. 8. Nepotism.
es. (a) No member of the immediate family of the
Editor's note—This section has been editorially deleted as Mayor or a member of the City Council shall be
superseded by the uniform procedure for the adoption of ordi- eligible to hold a salaried position with the City of
nances, F.S. § 166.041. Cape Canaveral. Immediate family shall be
State law reference—Uniform minimum procedure for deemed to include spouse, parent, child, grand-
adopting ordinances, F.S. § 166.041.
parent, grandchild, and sibling of the whole or
Sec. 5. General Statutes of the State of Flor- half blood.
ida. (b) Except as stated in this section, Section
The City of Cape Canaveral shall have all the 112.3135,Florida Statutes,as amended from time
L
power, privileges and provisions of the revised to time, or any successor statute, shall govern the iee
General Statutes of the State of Florida, govern- appointment, employment, promotion and ad-
vancement cities and towns,when not in conflict with the of individuals in employment or to any
terms of this act,and the same are hereby made a position over which the City Council or members
part of the Charter. of the City staff exercise jurisdiction or control.
(Amended by election, 11-3-92; Ord. No. 34-94, §
Sec. 6. Conflicting laws. 2, 9-20-94)
State law reference—Nepotism,F.S. § 112.3135.
That all laws [ordinances] and parts of laws
[ordinances] in conflict with the provisions of this
act be and the same are hereby repealed. Sec. 9. Gender.
Sec. 7. Investigative procedures. Whenever in this act the masculine personal
pronoun is used it shall be considered to mean
The City Council, or any committee thereof, or either masculine or feminine.
any advisory board appointed by the City Council
for such purpose, shall have power at any time to
cause the affairs of any department or the conduct Sec. 10. Continuance of officers and ordi-
of any officer or employee under their jurisdiction nances.
to be investigated;and for such purpose shall have Editor's note—This section,which has not been amended
power to compel the attendance of witnesses and by referendum after July 1, 1973, and which is not an extra-
the production of books, papers and other evi- territorial power,has been editorially deleted as unnecessary
dence; and for that purpose may issue subpoenas as home rule powers of a municipality are derived from the
constitution and F.S. ch. 166.
or attachments which shall be signed by the pres-
ident or chairman of the body, or by the officer
making the investigation, and shall be served by Sec. 11. Freedom from tort liabilities.
an officer authorized to serve such process. The Editor's note—This section has been editorially deleted as
Lere' authority making such investigation shall have superseded by F.S. § 768.28.
power to cause the testimony to be given under State law reference—Tort liability, F.S. §768.28.
Supp.No. 1 CHT:17
Art.XXIV,§ 12 CAPE CANAVERAL CODE
Sec. 12. Notice of damage claim required.
Editor's note—This section has been editorially deleted as
superseded by F.S. §768.28.
State law reference—Tort claims and sovereign immuni-
ty,F.S. §768.28.
Sec. 13. Benefit from contracts prohibited.
Editor's note—This section has been editorially deleted as
superseded by F.S. § 112.311 et seq.
State law reference—Code of ethics for public officials,
F.S. § 112.311 et seq.
Sec. 14. [Effective date.]
This bill shall take effect immediately upon be-
coming a law.
Became a law without the Governor's approval.
Filed in Office of the Secretary of State on May 16,
1963.
3
3
Supp. No. 1 CHT:18
Lool
CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of any ordinances amending the Charter.
Ordinance Adoption Election Section
Number Date Date Section this Charter
6- 2-70 Art. I, §5
Art. III, §4
Art. IV, § 1
Art. IV, §3
Art.V,§2
Art.V, §4
6- 6-72 Art.XXI, §2
11- 2-82 Art. III, §4
11- 8-83 Art. III, § 2
Art.VIII, § 1
Art.XI § 1
Art.XV, § 1
11- 5-85 Art.XIV, §4
11- 3-92 Art.XXIV, §8
14-89 10-17-89 1 Art. III, § 1
11-93 6-15-93 1 Art. I, § 2
38-93 10-19-93 1 Art. I, §5
2, 3 Art. III, § 1,
Art. III, § 2
4 Art. III, §4
5 Art. IV, § 1
6 Art. IV, § 3
7 Art.V, § 1
8 Art.XXI, §2
30-94 8- 2-94 1 Art. III, § 3
34-94 9-20-94 2 Art.XXIV, §8
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Supp. No. 1 CHTCT:3
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ADMINISTRATION
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.
L
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Supp. No. 1 CD2:3
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3
ADMINISTRATION §2-40
Leo,
ARTICLE I. IN GENERAL an election which includes city council positions
resulting from vacancies of unexpired terms does
Secs. 2-1-2-25. Reserved. 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 of the quali-
ARTICLE II. CITY COUNCIL* fying period specified in section 26-3 a designa-
tion which specifies whether the term sought by
the candidate is a full term or unexpired term of
DIVISION 1. GENERALLY a vacancy. If such designations by all candidates
do not produce an excess of candidates seeking
Sec. 2-26. Elections. full terms or vacant terms over the respective num-
ber of full terms or vacant terms, a general elec-
All powers and duties of the city specified in the
city Charter in the general laws of the state are tion shall not be held and candidates shall take
vested in the city council. The city council is corn-
tions.office in accordance with results of the designa-
If a candidate fails to make the designation
posed of five members who are elected at large by
the registered electors of the city. Two members in the time above stated, the candidate shall be
deemed to have made a designation for a full term.
are elected each year to three-year terms, except
on every third year only one member, who is also (Ord. No. 35-93, § 2(231.02), 10-19-93)
the mayor, is elected to a three-year term. Fur-
ther, should any general election include the elec- Sec. 2-28. Councilmembers' areas of inter-
tion of a council person due to a vacancy in that est.
office pursuant to article III,section 4,of the Char-
ter,then the unexpired term shall be filled by the Each councilmember shall be a source of infor-
L candidate receiving the third greatest number of mation to the council in his or her areas of prima-
votes, or the second greatest number of votes in ry interest. The intent of this rule is not to pre-
third year elections involving only the mayor. vent any councilmember from executing the rights
Should more than one vacancy be filled at the and prerogatives of office,but rather to permit an
election, then those receiving the greatest num- orderly division of interest among the councilmem-
ber of votes shall be declared elected for the long- bers. The areas of interest are: roads, power and
est terms. light service, telephone service, traffic and park-
(Code 1981, § 231.01; Ord. No. 35-93, § 1(231.01), ing, recreation, parks, beaches and waterways,
10-19-93) planning and zoning board, board of adjustment,
Charter references—City council compensation,art. III, commercial development board,code enforcement
§3;city council vacancies, art. III, §4. board and any other city board, building official,
Cross reference—Elections, ch. 26. planning department, police department, fire de-
partment, law, communications, city clerk, city
Sec. 2-27. Uncontested elections. treasurer,city hall,bonds,taxes and revenue,elec-
If the number of candidates qualifying for an tions, chamber of commerce, city attorney, city
election which does not include city council posi- manager, library, sewage, drainage, water ser-
tions resulting from vacancies of unexpired terms vice, garbage service, animal control, beautifica-
does not exceed the number of positions to be filled tion and erosion control.At the next regular meet-
by the election, a general election shall not be ing following the day of the general city election,
held and each candidate shall take office for a full the council,by majority vote, shall assign the pre-
term. If the number of candidates qualifying for ceding areas of primary interest to its individual
members.
*Charter references—City council, qualifications and (Code 1981, § 27.108; Ord. No. 39-93, § 2, 10-19-
terms, filling of vacancies, art. III; mayor, art. N. 93)
Cross reference—The mayor or city manager in the case
of the absence of the mayor,or any available councilmember in
the absence of the mayor and city manager, may declare a
state of emergency, § 18-2. Secs. 2-29-2-40. Reserved.
Supp.No. 1 CD2:5
§2-41 CAPE CANAVERAL CODE
DIVISION 2. COMPENSATION* The clerk shall forthwith give verbal or writ-
ten notice to each member of the council,
Sec. 2-41. Established for councilmembers stating the date and hour of the meeting
other than mayor. and the purpose for which such meeting is
called, and no other business shall be en-
The compensation for the members of the city acted at that meeting. The clerk in the no-
council other than the mayor shall be $2,400.00 tice of a special meeting initiated in this
per year. manner shall allow at least 24 hours to
(Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94) elapse between the call of the meeting and
the date and hour of the meeting.
Sec. 2-42. Established for mayor.
(3) By verbal notice to the city clerk or the city
The compensation for the mayor shall be manager by a majority of the city council
$3,200.00 per year. whenever an emergency exists which re-
(Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94) quires immediate action by the council.The
clerk shall forthwith attempt to give notice
Secs. 2-43-2-55. Reserved. to each member of the council stating the
hour of the meeting and the purpose for
which such meeting is called, and no other
DIVISION 3. MEETINGSt business shall be enacted at that meeting.
If, after reasonable diligence, it is impossi-
Sec. 2-56. Regular meetings. ble to give notice to each councilmember,
The city council shall hold regular meetings on such failure shall not affect the legality of
the first and third Tuesday of each month at 7:00 the meeting.
p.m. When the day fixed for any regular meeting (b) All special meetings shall be held in the city
falls upon a day designated by law as a legal na- hall or such other place as designated by a major-
tional holiday, such meeting shall be held on the ity of the council in open session and shall be open
next succeeding day not a holiday. Regular meet- to the public and the press.
ings may be otherwise postponed, canceled or re- (Code 1981, § 271.03)
scheduled only by motion adopted at a regular
meeting by a majority vote of the city council.All Sec. 2-58. Workshop meetings.
regular meetings shall be held in the city hall
annex or such other place as designated by a ma- Members of the city council will meet on the
jority of the council in open session. Thursday prior to each regular meeting at 7:00
(Code 1981, § 271.02; Ord. No. 24-93, § 1(271.02), p.m.to informally discuss matters relating to city
8-17-93) business, including matters to be placed on the
agenda for the succeeding city council meetings.
Sec. 2-57. Special meetings. Workshop meetings may be canceled by a notice
served on the city clerk in writing and signed by a
(a) A special meeting of the city council may be majority of the councilmembers 24 hours prior to
initiated by any of the following means: the scheduled commencement of the workshop
(1) By an affirmative vote of a majority of the meeting. Workshop meetings shall be held in the
city council pursuant to the Charter, art.V, city hall annex and shall be open to the public and
§ 1 press. Notice of workshop meetings shall be post-
ed 24 hours in advance at the city hall.Minutes of
(2) By serving the city clerk notice in writing the workshop meeting shall be prepared and dis-
and signed by a majority of the city council. tributed to councilmembers.
*Charter reference—Compensation, art. III, §3. (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04),
tCharter references—Meetings, art.V, § 1;rules of pro- 8-17-93)
cedure, art.V, §2.
State law reference—Public meetings,F.S.ch. 286.
Supp. No. 1 CD2:6
ADMINISTRATION §2-236
L
revise the amounts of the impact fees by resolu- Sec. 2-236. Capital expansion trust funds.
tion.
(Ord. No. 41-93, § 1(719.05), 10-19-93) (a) Established. The following capital expan
sion trust funds are hereby established:
Sec. 2-234. Payment. (1) Parks and recreation services special reve-
nue fund;
(a) The impact fees imposed by this division (2) Library services capital expansion special
shall be paid in legal tender unless the city coun-
cil accepts an in-kind contribution of real or per- revenue fund;
sonal property for public use which serves the (3) General government services capital expan-
same public purposes as those for which the im- sion special revenue fund;
pact fees are imposed.Credit for such in-kind con- (4) Police protection capital expansion special
tribution shall be based upon the fair market val- revenue fund; and
ue of that property as of the date the city council
accepts such offer of dedication.The appraised val- (5) Fire protection capital expansion special
ue of the property shall be verified by at least one revenue fund.
competent independent opinion thereof. (b) Collection; deposit. Upon collection of the
(b) All impact fees shall be paid at the time of applicable impact fees imposed by this division,
issuance of the building permit for such new con- the same shall be earmarked to ensure that the
struction. No building permit shall be issued for impact fees are ultimately expended in connec-
any structure subject to the impact fees imposed tion with the improvements for which they were
by this division, unless and until all applicable paid, by crediting the impact fees to the appropri-
impact fees have been received for such structure. ate capital expansion trust fund or account. Not-
(4tilioe (Ord. No. 41-93, § 1(719.07), 10-19-93) withstanding the foregoing,however,the designa-
tion and establishment of any capital expansion
Sec. 2-235. Partial waiver authorized. trust fund or account shall not be construed to
require the establishment of any completely inde-
(a) The city council may waive all or any por- pendent,self-balancing funds or accounts,as such
tion of an impact fee required by this division, if terms are commonly defined and used in govern-
privately supplied parks and recreation, library, mental accounting, but rather is intended solely
general government, police or fire and rescue ser- to constitute an earmarking of the impact fees
vices provided for the sole use of the residents or collected for certain purposes. The impact fees of
occupants of a project are of such a nature as to the earnings thereon may be deposited immedi-
reduce the project's impact upon the city's capital ately upon collection in five separate interest-
needs for expansion of that particular public ser- bearing bank accounts established in the names
vice. The amount waived under the authority of of each of the capital expansion trust funds or
this provision shall not exceed the actual cost of accounts; a single,interest-bearing bank account;
such facilities,or one-half of the applicable impact an interest-bearing bank account in which other
fee, whichever is less, credited against that cate- funds of the city are on deposit; or any combina-
gory of impact fees receiving such reduced impact. tion of the foregoing; provided that, in each case,
(b) The parks and recreation services impact the account or funds are with a depository autho-
fee reduction for a residential project shall be based rized to receive deposits of city funds and that
upon a minimum of 35 square feet of enclosed standard accounting records are maintained to re-
recreation area per dwelling unit and a maximum flect the earmarking of the monies therein for the
of 200 square feet of enclosed recreation area per various purposes of the capital expansion trust
dwelling unit. If those conditions are fulfilled, the funds or accounts. The capital expansion trust
waiver of one-half of the parks and recreation im- funds or accounts shall be maintained on the books
Lire' pact fee shall be granted. of the city as separate and distinct from all other
(Ord. No. 41 93, § 1(719.09), 10-19-93) funds and accounts of the city. Interest earned on
Supp.No. 1 CD2:17
§2-236 CAPE CANAVERAL CODE
the impact fees shall be credited to each of the Sec. 2-237. Capital expansion plans.
capital expansion trust funds or accounts in the (a) The city council shall adopt a capital expan-
appropriate percentages. sion plan for each such trust account established
(c) Use. in this division. Such plans shall be reviewed an-
(1) Funds credited to each capital expansion
nually during the budget review process.
account shall be used only for the purpose (b) The impact fees imposed hereby shall be re-
of expansion or acquisition of capital facil- viewed biannually. At such time the city council
ities or equipment for the particular ser- shall analyze the projected construction within the
vice named in each account. Expenditures city, the cost of any new or expanded capital fa-
from each account shall be specifically ap- cilities and equipment of parks and recreation,
proved by the city council, shall be limited library, general government, and fire and rescue
to the expansion or acquisition of such cap- services which shall be generated by that construc-
ital facilities, or for payments, including tion, and the funds otherwise available to finance
sinking fund payments, on bonds or other those costs.
certificates of indebtedness executed for the (Ord. No. 41-93, § 1(719.13), 10-19-93)
purpose of expansion or acquisition of those Secs. 2-238-2-245. Reserved.
facilities or equipment. Before authorizing
an expenditure from any one of these trust ARTICLE VI. CODE ENFORCEMENT*
accounts, the city shall determine that:
a. The expenditure is for capital facilities DIVISION 1. GENERALLY
or equipment to be used for the pur-
Secs. 2-246-2-255. Reserved.
pose of such account;
b. The expenditure is required by new *Editor's note—Ord.No.23-94,§1,adopted July 19,1994,
construction from which such funds is treated as having repealed former Art.VI,§§2-246-2-288,
were collected; and relative to Code enforcement, and enacted a new Art. VI to
read as herein set out.The provisions of former Art.VI derived
c. The expenditure will result predomi- from Code 1981, §§ 265.01(A)—(I), 265.02, 265.03, 265.05,
nantly in a special benefit to new con- 265.06(A)—(D),265.07(A)—(I),265.09,265.10(A)—(D),265.12
and 265.13 and Ord.No. 1-93, § 1, adopted Feb. 16, 1993.
struction, as opposed to pre-existing Cross references—Regulations regarding the amusement
uses. device code,§10-26 et seq.;regulations regarding outdoor en-
tertainment, § 10-46 et seq.; regulations regarding adult en-
(2) The city shall have the right to modify or tertainment, § 10-86 et seq.; regulations regarding animals,
delete any of the proposed capital improve- ch. 14; businesses, ch. 16; regulations regarding alarm sys-
ments or expenditures within each of the tems, §30-26 et seq.;regulations regarding littering, §34-26
et seq.;litter abatement procedure,§34-66 et seq.;regulations
general categories of the improvements and
regarding property maintenance standards, § 34-91 et seq.;
specialized equipment reflected in any im- regulations regarding weeds and dead vegetation,§34-121 et
pact fee study report upon which the fees seq.;regulations regarding noise,§34-151 et seq.;regulations
imposed in this division are based or to add regarding abandoned property, § 34-176 et seq.; regulations
regarding lighting systems, § 34-206 et seq.; fire prevention
capital improvements or expenditures with-
and protection, ch. 38; regulations regarding collection and
in those general categories, provided that disposal of solid waste, ch. 62;regulations regarding excava-
the total amount of impact fees credited to tions in streets,sidewalks and other public places,§66-61 et
each of the applicable capital expansion seq.; regulations regarding occupational licenses, § 70-66 et
trust funds or accounts is ultimately ex- seq.;regulations regarding the sanitary sewer system,§78-26
et seq.; regulations regarding buildings, ch. 82; regulations
pended for the purposes of such capital ex- regarding stormwater management, §90-116 et seq.; regula-
pansion trust funds or accounts in the tions regarding signs, ch. 94; regulations regarding subdivi-
amount set forth in section 2-233. sions,ch.98;regulations regarding vegetation,ch. 102;regu-
(Ord. No. 41-93, § 1(719.11), 10-19-93) lations regarding wetlands protection, § 106-26 et seq.;
regulations regarding zoning,ch. 110.
State law reference—Code enforcement, F.S.ch. 162.
Supp.No. 1 CD2:18
ADMINISTRATION §2-259
DIVISION 2. CODE ENFORCEMENT
BOARD*
Sec. 2-256. Created.
A code enforcement board is hereby established
pursuant to the authority granted by F.S.ch. 162,
or any successor statute.
(Ord. No. 23-94, § 1, 7-19-94)
Sec. 2-257. Membership.
The city council shall appoint members of the
code enforcement board in accordance with the
terms of F.S. § 162.05, or any successor statute.
(Ord. No. 23-94, § 1, 7-19-94)
Sec. 2-258. Duties,responsibilities and pow-
ers.
The code enforcement board shall have duties,
responsibilities and powers as set forth,and shall
be governed in all respects,by F.S. ch. 162,or any
successor statute,and shall have the power to hear
Lire appeals as otherwise set forth in the city Code of
Ordinances.
(Ord. No. 23-94, § 1, 7-19-94)
Sec. 2-259. Prosecution of violations with no
criminal penalty.
Any violation of the city Code of Ordinances
which the city elects to prosecute before the code
enforcement board shall have no criminal penalty
as to said violation.
(Ord. No. 23-94, § 1, 7-19-94)
L *Cross reference—Boards, committees, commissions, §
2-171 et seq.
Supp.No. 1 CD2:19
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ALCOHOLIC BEVERAGES §6-27
L1101'
ARTICLE I. IN GENERAL which is intended to give the appearance of
or simulate such portions of the human fe-
Sec. 6-1. Penalty. male breast as described in subsection(a)(1)
Any person violating this chapter shall be pun- of this section.
ished as provided in section 1-15. (3) Suffer or permit any person, while on the
(Code 1981, §§ 733.04, 733.05, 734.03, 737.09) premises of the commercial establishment,
to expose to public view the genitals,pubic
Secs. 6-2-6-25. Reserved. area, buttocks, anus or anal cleft or cleav-
age of such person.
ARTICLE II. OPERATION OF (4) Suffer or permit any person, while on the
ESTABLISHMENTS premises of the commercial establishment,
to employ any device or covering which is
Sec. 6-26. Hours of operation. intended to give the appearance of or sim-
(a) Any commercial establishment which serves, ulate the genitals, pubic area, buttocks,
dispenses, stores or sells alcoholic beverages, or anus, anal cleft or cleavage.
where alcoholic beverages are consumed,or which (b) It shall be unlawful for any female person
holds a license under the division of beverages for while on the premises of a commercial establish-
either on-premises or off-premises consumption, ment located within the city at which alcoholic
shall have the hours of operation for the purposes beverages are offered for sale, served, consumed
of dispensing, selling, consuming or serving alco- or stored to expose to public view that area of the
holic beverages from 7:00 A.M. of one day to 2:00 human female breast at or below the areola or to
A.M. of the following day. employ any device or covering which is intended
(b) Establishments within the city licensed by to give the appearance of or simulate such areas
the state division of beverages may remain open of the female breast as described in this subsec-
until 4:00 a.m. on January 1 and shall not be re- tion.
quired to close at 2:00 a.m. as provided in subsec- (c) It shall be unlawful for any person while on
tion (a) of this section. the premises of a commercial establishment locat-
(Code 1981, §§ 733.01, 733.03; Ord. No. 10-94, § ed within the city at which alcoholic beverages
1(733.01), 3-1-94)
State law reference—Authority to regulate hours of sale, are offered for sale, served, consumed or stored to
F.S. §562.14. expose to public view the genitals,pubic area,but-
tocks,anus or anal cleft or cleavage of such person
Sec. 6-27. Nudity on premises where served, or to employ any device or covering which is in-
consumed or stored. tended to give the appearance of or simulate the
(a) It shall be unlawful for any person main- genitals, pubic area, buttocks, anus or anal cleft
taining,owning,or operating a commercial estab- or cleavage.
lishment located within the city at which alcohol- (d) If the owner, operator, lessor, lessee, man-
ic beverages are offered for sale,served,consumed ager, employee or any other person participating
or stored to: in the operation of a commercial establishment
(1) Suffer or permit any female person, while located within the city at which alcoholic bever-
on the premises of the commercial estab- ages are offered for sale, served, consumed or
lishment, to expose to the public view that stored shall be convicted of any of the offenses
area of the human breast at or below the designated in subsection (a) of this section, the
areola. city treasurer shall revoke the occupational li-
(2) Suffer or permit any female person, while cense for the establishment after giving a reason
Lire' on the premises of the commercial estab-
lishment, to employ any device or covering
Supp. No. 1 CD6:3
§6-27 CAPE CANAVERAL CODE
J
able notice thereof to the holder of the license and DIVISION 2. MOTOR VEHICLES*
affording the holder an opportunity to be heard as
to why the revocation should not be issued. Sec. 6-66. Definitions.
(Code 1981, § 734.01(A)—(C), (E)) The following words, terms and phrases, when
Cross reference—Adult entertainment regulations,§ 10-
ss et seq. used in this division, shall have the meanings as-
State law reference—Authority to regulate conduct,F.S. cribed to them in this section, except where the
§§562.14,562.45. context clearly indicates a different meaning:
Alcoholic beverage means any beverage contain-
Secs. 6-28-6-50. Reserved. ing more than one percent of alcohol by weight.
Proof that a beverage in question was contained
in an opened bottle or can, labeled as beer, ale,
ARTICLE HI. POSSESSION AND malt liquor, malt beverage, wine, wine cooler or
CONSUMPTION other similar name and which bears the manu-
facturer's insignia, name or trademark, shall be
DIVISION 1. GENERALLY prima facie evidence that such beverage is an al-
coholic beverage.
Sec. 6-51. Streets, alleys, sidewalks and Highway means any public street, avenue,bou-
parking areas. levard, roadway, alley, sidewalk, parking lot or
other right-of-way or any area upon which the
It shall be unlawful for any person to drink, public has a right to travel,whether public or pri-
consume or possess an open container of alcoholic vate, located within the incorporated area of the
beverage, as defined in F.S. § 561.01, including city.
but not limited to beer and wine, on or upon any
street, alley,walkway, sidewalk or any city public Open container means any bottle, can or other
parking area open to the public in the ordinary receptacle or container containing any alcoholic
course of business within the city. beverage or any mixture containing an alcoholic
(Code 1981, § 604.01) beverage which has been opened or a seal broken
Cross references—Library, ch. 46; parks and recreation or the contents of which have been partially re
areas, ch. 54; streets, sidewalks and other public places, ch. moved.
66;waterways,ch. 106; zoning,ch. 110.
Possession means an open container shall be
considered to be in the possession of the operator
Sec. 6-52. Parks and recreation areas. of a vehicle if the container is not in the posses-
(a) It shall be unlawful for any person to drink, sion of a passenger and is not located in a locked
consume or possess an open container of alcoholic glove compartment, locked trunk or other locked
beverage, as defined in F.S. ch. 561, within the nonpassenger area of the vehicle. An open con-
confines of any public park, public recreational tainer shall be considered to be in the possession
area, public recreation facility or public ballpark of a passenger of a vehicle if the container is in the
within the city, excluding the ocean beach. physical control of the passenger. An open con-
tainer shall not be considered in the possession of
(b) The city council may waive the prohibitions a person if the open container is located in the
of this section for any special event,including but refrigerator or other storage area of a motor home
not limited to community picnics, charitable ball or recreational vehicle which is in excess of 21 feet
games and other events, provided that nothing in in length.
this section shall be deemed to waive any provi-
sions of state law regulating alcoholic beverages.
(Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94)
Cross reference—Parks and recreation,ch. 54. *Cross references—Streets, sidewalks and other public
places,ch. 66;traffic and vehicles,ch. 74.
State law reference—Possession of open containers in ve-
Secs. 6-53-6-65. Reserved. hides,F.S. § 316.1936.
Supp. No. 1 CD6:4
Chapter 16
BUSINESSES*
Article I. In General
Secs. 16-1-16-25. Reserved.
Article II. Solicitors,Peddlers and Itinerant Merchants
Division 1. Generally
Sec. 16-26. Definitions.
Sec. 16-27. Permission to enter premises required.
Sec. 16-28. Harassment prohibited.
Sec. 16-29. Solicitor to leave when requested.
Sec. 16-30. Fraud.
Sec. 16-31. Report of violations.
Secs. 16-32-16-50. Reserved.
Division 2. Permit
Sec. 16-51. Required.
Sec. 16-52. Application.
Sec. 16-53. Investigation; denial or issuance;record.
Sec. 16-54. Revocation.
Sec. 16-55. Notice of hearing.
Lire Sec. 16-56. Appeals.
Sec. 16-57. Badge for solicitors.
Sec. 16-58. Exhibition of permit on request.
Sec. 16-59. Reserved.
Article M. Motion and Still Photography Production Permits
Sec. 16-60. Title.
Sec. 16-61. Purposes.
Sec. 16-62. Reserved.
Sec. 16-63. Definitions.
Sec. 16-64. City manager to act as agent for city.
Sec. 16-65. Permit required; suspension and/or revocation;violation.
Sec. 16-66. Application for permit.
Sec. 16-67. Nonexemption from other city Code requirements.
Sec. 16-68. Recovery of costs for extraordinary services.
*Cross references—Code enforcement,ch.2,art.VI;alcoholic beverages,ch.6;amusements and entertainments,ch.10;alarm
systems, §30-26 et seq.;occupational license tax, §70-66 et seq.;vehicles for hire,ch. 80;signs,ch. 94; zoning,ch. 110.
Supp.No. 1 CD16:1
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BUSINESSES § 16-63
Llie
(2) Fraud,misrepresentation or false statement licitor Permit,"the period for which the permit is
made in the course of carrying on the busi- issued and the number of the permit, in letters
ness as solicitor; and figures easily discernible from a distance of
(3) Any violation of this article; ten feet, and shall bear the photograph of the per-
mittee. Such badge shall be worn constantly by
(4) Conviction of any crime or misdemeanor;or the permittee on the front of his outer garment in
(5) Conducting the business licensed in any un- such a way as to be conspicuous during the time
lawful manner or in such a manner as to such permittee is engaged in soliciting.
constitute a breach of the peace or to con- (Ord. No. 4-93, § 1(723.25), 5-18-93)
stitute a menace to the health, safety or
general welfare of the public. Sec. 16-58. Exhibition of permit on request.
(Ord. No. 4-93, § 1(723.19), 5-18-93) Solicitors are required to exhibit their permits
at the request of any citizen of the city.
Sec. 16-55. Notice of hearing. (Ord. No. 4-93, § 1(723.27), 5-18-93)
Notice of the hearing for revocation of a permit Sec. 16-59. Reserved.
issued pursuant to this article shall be given, in
writing, setting forth specifically the grounds of
complaint and the time and place of hearing.Such ARTICLE III. MOTION AND STILL
notice shall be mailed in the United States mails, PHOTOGRAPHY PRODUCTION PERMITS
certified mail, return receipt requested, postage
prepaid to the permittee at his last known ad- Sec. 16-60. Title.
dress,at least ten days prior to the date set for the This article shall be known and cited as the
casoi hearing. "Cape Canaveral Motion and Still Photography
(Ord. No. 4-93, § 1(723.21), 5-18 93) Production Permit Ordinance."
(Ord. No. 36-94, § 1, 9-20-94)
Sec. 16-56. Appeals.
Any person aggrieved by the action of the city Sec. 16-61. Purposes.
treasurer or city manager in the denial of a per- The purposes of this article are to establish a
mit or the action of the city of the revocation of a one-stop permitting process for motion picture and
permit shall have the right of appeal to the city still photography on public property owned or con-
council. Such appeal shall be taken by filing with trolled by or under the jurisdiction of Cape Canav-
the city council, within 30 days after notice of the eral, to provide a means whereby acts otherwise
action complained of has been mailed to such per- prohibited by this Code may be allowed during
son's last known local address, a written state- such productions and to provide for an exemption
ment setting forth fully the grounds for the ap- from other city Code permit requirements in rec-
peal. The city council shall set a time and a place ognition of the economic impact of the motion pic-
for a hearing on such appeal and notice of such ture and television industry.
hearing shall be given to the applicant in the same (Ord. No. 36-94, § 1, 9-20-94)
manner as provided in section 16-55 for notice of
hearing of revocation. The decision and order of Sec. 16-62. Reserved.
the city council on such appeal shall be final and
conclusive. Sec. 16-63. Definitions.
(Ord. No. 4-93, § 1(723.23), 5-18-93) The following words, terms and phrases, when
used in this article, shall have the meanings re-
Sec. 16-57. Badge for solicitors. spectively ascribed to them in this section, except
The city treasurer shall issue to each permittee where the context clearly requires otherwise:
Lori. under this article at the time of delivery of his City equipment is any tangible property, other
permit a badge which shall contain the words"So- than real property,purchased by public funds and
Supp.No. 1 CD16:5
§ 16-63 CAPE CANAVERAL.CODE
utilized in the normal course and scope of provid- of the city manager. Continuation of the produc-
ing governmental service by the City of Cape tion in violation of the suspension and/or revoca-
Canaveral. tion shall be punishable as provided by law.
City facility is any public street,sidewalk,place (Ord. No. 36-94, § 1, 9-20-94)
or building owned or controlled by or under the
jurisdiction of the city to include, but not be lim- Sec. 16-66. Application for permit.
ited to, city park and recreation facilities.
(a) Any person seeking the issuance of a pro-
Production is the commercial taking or making duction permit shall file an application with, and
of a motion picture, television, videotape or still on forms provided by, the city manager prior to
photographic production.This term shall include, commencement of production. The application
and a production permit shall be required for,such shall be signed by an authorized representative of
productions on private property not at a studio the applicant.
involving the erection of tents or other temporary
structures or involving the use of pyrotechnics, (b) The application shall contain the following
explosives or other incendiary devices. information:
Production permit (also referred to herein as (1) Location(s) of the production.
permit)is the permit required by this article. (2) Duration and type of the production.
(Ord. No. 36-94, § 1, 9-20-94) (3) Proof of liability insurance coverage with
the city named as an additional insured as
Sec. 16-64. City manager to act as agent for commensurate with the scope of the pro-
city. duction.
The city manager is hereby authorized to act as (4) Special effects to be utilized, especially in-
the agent for the City of Cape Canaveral in the cendiary or explosive devices. In addition, "vis0)
receipt and processing of applications for produc- the application shall list the person in
tion permits. After review and approval by the charge (pyrotechnician) of such special ef-
applicable city department and final approval by fects together with his/her qualifications
the city manager, the permit will be issued. and licensure by the applicable federal and/
(Ord. No. 36-94, § 1, 9-20-94) or state agencies.
Sec. 16-65. Permit required;suspension and/ (5) Proposed utilization of city equipment.
or revocation; violation. (6) Necessity for closures of public streets or
(a) No person shall advertise, engage in, par- sidewalks and duration therefor.
ticipate in and/or start any motion and still pho- (7) A written summary or explanation of the
tography production on or upon any city facility or portion of the production to be shot within
utilizing city equipment unless a production per- unincorporated areas of the city.
mit shall first have been obtained from the city (8) Number and type of vehicles and/or equip-
manager.Violation of this section shall be punish- ment and number of personnel to be on lo-
able as provided for by law. cation with the production.
(b) Failure to comply with the terms and con- (9) An agreement to pay for extraordinary ser-
ditions of the production permit once issued shall vices provided by the city.
be grounds for immediate suspension of the pro-
duction until such time as the noncompliance is (10) A hold harmless/indemnification agreement
remedied. The suspension shall be initially corn- for the benefit of the city and any partici
municated orally, followed by a written suspen-
sion order. Continued failure to comply with the (11) The applicant for a motion and still photog-
terms and conditions of the production permit may raphy production permit shall, at the time
result in revocation of the permit at the discretion of making application, furnish proof that
Supp.No. 1 CD16:6
BUSINESSES § 16-68
capri
the applicant carries worker's compensa-
tion insurance for applicant's employees as
provided by the laws of the state. The ap-
plicant shall file with the city manager a
certificate of insurance evidencing the car-
rying of public liability insurance in an
amount not less than$1,000,000.00 per oc-
currence and $3,000,000.00 aggregate is-
sued by an insurance carrier authorized to
transact business in the state for the ben-
efit of the city as an additional insured, as
evidence of the ability to respond for dam-
ages which may result from or be attribut-
able to the motion and/or still photography
production. The insurance policy shall be
approved by the city manager.
(Ord. No. 36-94, § 1, 9-20-94)
Sec. 16-67. Nonexemption from other city
Code requirements.
Nothing herein contained shall be construed to
exempt any holder of a production permit from
Lmie" any other required licenses, permits or other re-
quired authority or from any other provision of
the city's Code of Ordinances.
(Ord. No. 36-94, § 1, 9-20-94)
Sec. 16-68. Recovery of costs for extraordi-
nary services.
The city shall recover its costs for extraordinary
services rendered in connection with a produc-
tion. Such costs shall include, but not be limited
to, charges for personnel and/or equipment com-
mitted in support of the production which are out-
side the normal scope of government services,and
an allocable share of the city's overhead costs will
be applied to the direct charges for personnel,
equipment and other direct costs incurred by the
city. Based on the information contained in the
permit application,an estimate of these costs shall
be provided to the applicant prior to the issuance
of the permit.The applicant agrees to pay the city
in advance for any services provided by the city.
The city manager's office will provide coordination
and advise the applicant of estimated costs.
(Ord. No. 36-94, § 1, 9-20-94)
Lase
Supp. No. 1 CD16:7
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ENVIRONMENT §34-123
‘1111111100f
Sec. 34-100. Sign appearance and mainte- ARTICLE W. WEEDS AND DEAD
nance. VEGETATION*
(a) All signs exposed to public view permitted Sec. 34-121. Intent.
by chapter 94 pertaining to signs shall be main-
tained in good repair. Any signs which have ex- The city council finds and determines that the
cessively weathered or faded or those upon which rapid, continuous growth and development of the
the paint has excessively peeled or cracked shall, incorporated areas of this city require the reason-
with their supporting members, be removed or able and effective control and regulation of exces-
put into a good state of repair.All nonoperative or sive growth and accumulation of weeds, under-
broken electrical signs shall be repaired or shall, growth and other plant life to the extent and in
with their supporting members, be removed. such manner as to eliminate the infestation by
rodents and other wild animals, the breeding of
(b) Any awning or marquee and its accompa- mosquitoes and vermin or to eliminate the threat
nying structural members shall be maintained in or endangerment of the public health or the ad-
good repair and shall not constitute a nuisance or verse effect and impairment of the economic wel-
a safety hazard. If such awnings or marquees are fare of adjacent property.
not properly maintained in accordance with this (Code 1981, § 703.01)
subsection, they shall, together with their sup-
porting members, be removed. If the awnings or Sec. 34-122. Public nuisances prohibited.
marquees are made of fire resistant cloth, metal
or plastic,the cloth,metal or plastic shall be main- The existence of excessive accumulation or un-
tained in good condition and shall not show evi- tended growth of weeds, undergrowth or other
L
dence of excessive weathering, discoloration, rip- dead or living plant life over 12 inches in height isof
ping, tearing or holes. upon any lot, tract or parcel of land, improved or
unimproved, within 100 feet of the boundary line
(c) Wall and ground signs shall be part of the of any improved property within the incorporated
architectural concept. Size, color, lettering, loca- areas of this city to the extent and in the manner
tion and arrangement shall be harmonious with that such lot, tract, or parcel of land is or may
the building design and shall be compatible with reasonably become infested or inhabited by ro-
signs on adjoining buildings. dents, vermin or wild animals or may furnish a
(d) Identification signs and business signs shall breeding place for mosquitoes; the existence of
conform to the building design and surrounding dead limbs or portions of trees exceeding three
landscape. inches in diameter at breast height (dbh) which
because of their location constitute a hazard to
(e) Materials in signs shall have good architec- adjoining property or overhead utilities on adjoin-
tural character and shall be harmonious with ing property or public thoroughfares or the exist-
building design and surrounding landscape. ence of any such conditions which threaten or en-
(f) Every sign shall have good scale in its de- danger the public health,safety or welfare or may
reasonably cause disease or adversely affect and
sign and in its visual relationship to buildings impair the economic welfare of adjacent property,
and surroundings. is hereby prohibited and declared to be a public
(g) Lighting of signs shall be harmonious with nuisance.
the design and in accordance with section 94-63. (Code 1981, § 703.03; Ord.No.28-94, §2, 7-19-94)
(Code 1981, § 652.19)
Cross reference—Signs,ch. 94. Sec. 34-123. Notice to remedy nuisance.
(a) If the code enforcement officer finds and de-
termines that a public nuisance as described and
Lie *Cross references—Code enforcement,ch.2,art.VI;veg-
Secs. 34-101-34-120. Reserved. etation,ch. 102.
Supp.No. 1 CD34:11
§34-123 CAPE CANAVERAL CODE
declared in section 34-122 exists, he shall notify limited to reviewing the city manager's decision.
the owner of record of the offending property in The council shall issue its decision by either af-
writing and demand that such owner cause the firming or reversing by a majority vote. Following
condition to be remedied. The notice shall be giv- the review by the city council,the property owner
en by registered or certified mail,addressed to the will have exhausted his administrative remedies.
owner of the property described as his name and (Code 1981, § 703.09)
address is shown upon the record of the county
tax appraiser and shall be deemed complete and Sec. 34-126. Remedy by city.
sufficient when so addressed and deposited in the (a) If,within 20 days after mailing of the notice
United States mail with proper postage prepaid. as provided in this article, no hearing has been
If such notice is returned by postal authorities,
requested and the condition described in the no-
the code enforcement officer shall cause a copy of tie has not been remedied,the city manager shall
the notice to be served by a law enforcement of- cause the condition to be remedied by the city at
ficer upon the occupant of the property or upon the expense of the property owner. If a hearing
any agent of the owner thereof.If personal service has been held and has concluded adversely to the
upon the occupant of the property or upon any property owner, the city manager shall cause the
agent of the owner cannot be performed after rea- condition to be remedied by the city at the ex-
sonable search by a law enforcement officer, the pense of the property owner.
notice shall be accomplished by physical posting
on the property. (b) After causing the condition to be remedied,
(b) The notice shall be in substantially the form the city manager shall certify to the city treasurer
the expense incurred in remedying the condition
which is on file in the city clerk's office.
(Code 1981, §§ 703.05, 703.06) and shall include a copy of the notice and a copy of
"NES)
the decision,if any,whereupon such expense shall
become payable within 30 days.After the 30 days,
Sec. 34-124. Hearing. a special assessment lien and charge will be made
(a) Within 20 days after the mailing of notice to upon the property, which shall be payable with
the owner of the property as provided in this ar- interest at the rate of eight percent per annum
tide, he may make written request to the city from the date of such certification until paid.
manager for a hearing to show that the condition (c) Such lien shall be enforceable in the same
alleged in the notice does not exist or that such manner as a tax lien in favor of the city and may
condition does not constitute a public nuisance. be satisfied at any time by payment thereof, in-
Within ten days after the hearing date, the city cluding accrued interest.Upon such payment,the
manager shall give his decision in writing. clerk of the circuit court shall, by appropriate
(b) At the hearing, the city and the property means, evidence the satisfaction and cancellation
owner may introduce evidence as is deemed nec- of such lien upon the record thereof and notify the
essary. The city manager shall hold hearings on a tax collector of such satisfaction. Notice of such
regular basis, at such time and place as he deter- lien may be filed in the office of the clerk of the
mines, and he shall establish rules and regula- circuit court and recorded among the public
tions for the review procedure. records of the county.
(Code 1981, § 703.07) (Code 1981, § 703.11)
Sec. 34-125. Appeal. Sec. 34-127. Records.
After the hearing as provided in this article, if The city treasurer shall keep complete records
the property owner does not concur with the city relating to the amount payable on liens described
manager's decision,he may file a written notice of in section 34-126, and the amounts of such liens
appeal with the city within ten days of his having shall be included in tax statements for ad valorem
taxes thereafter
received the city manager's decision. The appeal submitted to the owners of lands
shall be heard by the city council and shall be
Supp. No. 1 CD34:12
Chapter p 38
FIRE PREVENTION AND PROTECTION*
Article I. In General
Sec. 38-1. Penalty.
Sec. 38-2. Fire safety fees.
Sec. 38-3. Fire inspectors designated as city code inspectors.
Sec. 38-4. Restriction on storage and dispensing of flammable materials and
liquids.
Sec. 38-5. Restriction on the use of bottled gas;permit required.
Sec. 38-6. Doors to businesses or public halls.
Sec. 38-7. Smoke detectors to have battery backup.
Secs. 38-8-38-25. Reserved.
Article II. Fire Prevention Codes
Sec. 38-26. National Fire Prevention Code-Adopted.
Sec. 38-27. Same-Inspector.
Sec. 38-28. Life Safety Code-Adopted.
Sec. 38-29. Same-Fire inspector.
Sec. 38-30. Standard Fire Prevention Code-Adopted.
Sec. 38-31. Same-Administrative authority or official.
Sec. 38-32. Lockboxes required.
Secs. 38-33-38-55. Reserved.
LoiArticle III. Fire Department
Sec. 38-56. Composition;fire chief;compensation.
Sec. 38-57. Volunteer fire department.
Sec. 38-58. Duties of fire chief.
Secs. 38-59---38-80. Reserved.
Article N. Fireworks
Sec. 38-81. Definitions.
Sec. 38-82. Public displays authorized.
Sec. 38-83. Application for permit;fee.
Sec. 38-84. Investigation of applicant;issuance or denial of permit.
Sec. 38-85. Operators.
Sec. 38-86. Insurance.
Sec. 38-87. Storage of materials.
Sec. 38-88. Attending firefighters.
Sec. 38-89. Reserved.
Article V. Hazardous Materials and Substances
Sec. 38-90. Definitions.
Sec. 38-91. Cleanup and abatement.
Sec. 38-92. Reserved.
Sec. 38-93. Cost recovery;penalties;other remedies.
*Cross references-Impact fees,§2-231 et seq.;code enforcement,ch.2,art.VI;alarm systems,§30-26 et seq.;buildings and
building regulations,ch.82.
State law reference-Fire prevention and control,F.S.ch. 633.
Supp.No. 1 CD38:1
J
J
FIRE PREVENTION AND PROTECTION §38-2
Loo,
ARTICLE I. IN GENERAL d. 1,500 gallons per
minute 40.00
Sec. 38-1. Penalty. e. 1,750 gallons per
Any person who shall violate any of the sections minute 45.00
of this chapter or who shall fail to comply with f. 2,000 gallons per
this chapter or who shall violate or fail to comply minute and over 50.00
with any order or regulation made under this chap-
(3) Fire detection and annun-
ter or who shall build in violation of any detailed ciation systems:
statement or specifications or plans submitted and
approved under this chapter or any certificate or a. Main control panel 25.00
permit issued under this chapter shall, for each b. Remote control or an-
and every such violation and noncompliance, re- nunciation panel 10.00
spectively,be punished as provided 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.,
(a) A fee in the amount of$0.025 per square each 5.00
(iitioe foot shall be levied on all new construction, f. Flow or tamper
alterations, or additions in the city, except switches 5.00
for one-and two-family residences.This fee Phone stations 5.00
shall encompass plan review and necessary g'
fire inspections required prior to the issu- (4) Fixed fire suppression
ance of a certificate of occupancy. This fee systems (Halon, wet/dry
shall be payable at the same time and in chemical system, etc.):
the same manner as building permit fees. a. Cylinder and two
(b) The following permit fees for fire protection heads 25.00
systems are required and shall be paid at b. Each additional head 1.00
the same time and in the same manner as c. Each additional cyl-
building permit fees: inder 15.00
(1) Standpipe and sprinkler systems: d. Control panel 25.00
a. First 12 heads $ 15.00 e. Detector head 1.00
b. Each additional head 1.00 (5) Hazardous materials:
c. Siamese connections 10.50 a. Storage, handling,
d. Hose cabinet 15.50 transportation, man-
(2) Fire pumps and control-
flammable
or use of
ler: flammable materials,
application of Ham-
a. 750 gallons per mable finishing,
minute 25.00 spraying, dip tanks,
b. 1,000 gallons per etc. 25.00
minute 30.00 b. Storage of flammable
(110101Pe c. 1,250 gallons per materials, corn
minute 35.00 pressed gases; LP,
Supp. No. 1 CD38:3
§38-2 CAPE CANAVERAL CODE
natural acetylene, issuance of a certificate of occupancy, an
etc. 25.00 additional fee equal to 50 percent of the
c. Flammable liquids: amounts specified in subsections(a)and(b)
1. Classes 1, 2 and shall be payable. In the event reinspec-
3,under 100 gal- tion(s)of an improvement are required due
lons 25.00 to a fire safety code violation, incompletion
2. 100 to 499 gal- of work at a time scheduled for inspection,
deviation from an approved plan or other
lons 50.00 cause, the first reinspection shall be per-
3. 500 gallons and formed at no charge, the second reinspec-
over 100.00 tion shall require payment of a $50.00 fee
d. Explosive materials: and each subsequent reinspection shall re-
d. Storage, han- quire payment of a $100.00 fee.
dling, manufac- (d) Whenever a periodic inspection is required
turing, etc. of ex- by law or ordinance or when any person
plosives , requests a periodic inspection of a fire safe-
ammunition and ty system, the following fees shall apply:
blasting agents . 50.00
2. Fireworks,class- (1) Annual inspections:
es 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 gas- 39 units and over 45.00
es, nonflamma- b. Nonresidential, in-
ble cryogenic liq- cludes all retail, of-
uids 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 feet 50.00
and B 25.00 Each additional 1,000
6. Storage of re- square feet 1.75
portable quanti-
ties of spills as c. Tents, canopies and
specified by CAS temporary structures 25.00
number, each (2) Annual inspection of fire
item 1.00 suppression, detection
7. Plan review of and annunciation sys-
storage site, per tems:
square foot .025 a. Fire protection sys-
(c) The minimum fee for the activities speci- terns 25.00
fied in subsections (a) and (b) above shall b. Fire detection sys-
be$25.00.In the event a change of building tems 25.00
plans requires additional plan review and/ c. Fire annunciation
or necessary fire inspections prior to the systems 25.00
Supp.No. 1 CD38:4
FIRE PREVENTION AND PROTECTION §38.7
La
d. Fire pump 25.00 parks, as defined in section 110-1,in existence on
e. Smoke evacuation the effective date of the ordinance from which this
systems 25.00 section derives. In no event shall above-ground
storage of liquid petroleum, gasoline, kerosene or
(3) The fees specified in paragraphs(1)and diesel fuel exceed 250 gallons in any residential
(2)above are subject to a minimum fee area of the city.
of$50.00 for each inspection appoint- (Ord. No. 22-94, § 1, 9-6-94)
ment.
(4) Individuals or entities sharing one of- Sec. 38-5. Restriction on the use of bottled
fice or business suite or bay shall be
charged a single set of inspection fees. gas; permit required.
(e) Any person who fails to obtain the neces- (a) Any person who utilizes bottled or tank gas
sary permits or pay the required inspection as a fuel source for any structure within the city
fee when due shall be liable to the city for shall be required to obtain a building permit prior
an amount equal to the required fee as a to the installation or replacement of any bottle,
tank or other gas storage device. No building per-
penalty, in addition to the payment of the
fee. mit shall be issued and no hookup shall occur un-
less the city fire inspector shall have certified to
(f) Any organization which qualifies for exemp- the building official that the storage device and
tion from taxation pursuant to section the hookup does not constitute a hazard to the
501(c)(3)of the United States Internal Rev- residents of the city. This subsection (a) shall not
enue Code of 1986, as amended, shall be apply to portable cooking devices.
exempt from the payment of the permit fees
imposed by this section. (b) This section shall apply only to new instal-
(Ord. No. 18 94, § 1, 6-7-94) lations of bottled or tank gas and replacements of
existing gas bottles or tanks occurring on or after
Sec. 38-3. Fire inspectors designated as city October 1, 1994.
code inspectors. (Ord. No. 22-94, § 2, 9-6-94)
All city firefighters who are appointed by the Sec. 38-6. Doors to businesses or public
city fire chief as fire inspectors shall be empow- halls.
ered as code enforcement inspectors of the city for
the enforcement of fire safety codes in force within All doors to business premises or premises used
the city.As code enforcement inspectors, such fire as gathering places for the public, for any pur-
inspectors shall have all the powers and duties pose, shall be installed in a manner that such
set forth in F.S. ch. 162 to enforce the fire safety doors open to the outside of such premises.
codes of the city. (Ord. No. 22-94, § 3, 9-6-94)
(Ord. No. 21-94, § 1, 7-19-94)
Sec. 38-4. Restriction on storage and dis- Sec. 38-7. Smoke detectors to have battery
pensing of flammable materials backup.
and liquids. (a) Each smoke detector installed in any struc-
Except as provided in this section, it shall be ture within the city which utilizes electric current
unlawful for any person to store more than 15 provided by electric wiring connected to the struc-
gallons of gasoline,kerosene or diesel fuel, except ture's main electrical system as a primary energy
such greater amounts as are normally stored in source shall contain a battery-powered alterna-
the fuel tanks of motor vehicles in any residential tive energy source.
area of the city.The provisions of this section shall (b) This section shall apply to smoke detectors
L not apply to above-ground liquid petroleum, cen- after September 1, 1994.
tral gas distribution systems for mobile home (Ord. No. 22-94, § 4, 9-6-94)
Supp. No. 1 CD38:5
§38-8 CAPE CANAVERAL CODE
Secs. 38-8-38-25. Reserved. Sec. 38-30. Standard Fire Prevention Code—
Adopted.
The Standard Fire Prevention Code, 1991 edi-
ARTICLE II. FIRE PREVENTION CODES* tion,with 1992 and 1993 revisions, excluding the
appendices, published by the Southern Building
Sec. 38-26. National Fire Prevention Code— Code Congress International, Inc., is adopted by
Adopted. reference as though it were copied fully in this
article.
The Fire Prevention Code, 1991 edition, pub- (Code 1981,§621.01; Ord.No. 14-92,§ 1,8-18-92;
lished by the National Fire Protection Associa- Ord. No. 17-93, § 1(621.01), 6-15-93)
tion, is adopted by reference as though it were Cross references—Building code, §82-31 et seq.;electri-
cal code,§82-116 et seq.
copied fully in this article.
(Code 1981, § 629.01)
Cross reference—Building code, §82-31 et seq. Sec. 38-31. Same—Administrative authority
or official.
Sec. 38-27. Same—Inspector. Whenever the term "administrative authority"
or"official" is used in the code adopted in section
Whenever the term "authority having jurisdic- 38-30, it shall be construed to mean the building
tion" or "official" is used in the code adopted in official of the city or his authorized representa-
section 38-26, it shall be construed to mean the tive.
fire inspector of the city or his authorized repre- (Code 1981, § 621.02)
sentative.
(Code 1981, § 629.03)
Sec. 38-32. Lockboxes required.
Sec. 38-28. Life Safety Code—Adopted. (a) Lockboxes are required on structures that
are required to have fire department alarm sys-
The Life Safety Code, 1991 edition, published tems and on multi-family residences having en-
by the National Fire Protection Association, is closed common areas to which the fire depart-
adopted by reference as though it were copied ful- ment, in an emergency, may need to gain access.
ly in this article. The public safety keybox system shall contain keys
(Code 1981, § 626.01; Ord. No. 12-94, § 1(626.01), for elevator return and door opening, elevator
4-5-94) rooms, fire alarm box room, electrical rooms and
Cross references—Unsafe building abatement code,§82- any other keys necessary for the fire department
56 et seq.;housing code,§82-271 et seq. to gain access to common areas or through com-
mon areas to individual units.The keybox system
Sec. 38-29. Same—Fire inspector. shall not require keys of individual units.
(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 sec-
sentative as outlined in Florida Statutes. tion, the fire department shall be notified imme-
(Code 1981, § 626.03; Ord. No. 12-94, § 2(626.03), diately. All keybox systems must be approved by
4-5-94) the fire chief.
*Cross reference—Code enforcement, §2-246 et seq. (Code 1981, § 621.03)
State law references—Mandatory uniform fire safety stan-
dards, F.S. § 633.022; minimum fire safety standards, F.S. §
633.025. Secs. 38-33-38-55. Reserved.
Supp.No. 1 CD38:6
FIRE PREVENTION AND PROTECTION §38-84
Live
ARTICLE III. FIRE DEPARTMENT* (b) The fire chief shall have and exercise con-
trol over the fire department.
Sec. 38-56. Composition;fire chief; compen- (Laws of Fla., ch. 63-1197, art. XIV, § 3)
sation.
Secs. 38-59-38-80. Reserved.
The city may have a paid fire department which
shall consist of a fire chief and such other number ARTICLE W. FIREWORKSt
of firefighters as the city council may determine.
The fire chief shall be the head of the fire depart- Sec. 38-81. Definitions.
ment, and he shall be appointed and removed by
the city council. The fire chief and the firefighters For purposes of this article, "fireworks" shall
shall receive such compensation as may be deter- have the meaning and be subject to the exceptions
mined by the city council. and exclusions provided in F.S. § 791.01.
(Laws of Fla., ch. 63-1197, art. XIV, § 1) (Ord. No. 3-93, § 1(602.01), 3-16-93)
Cross reference—Definitions and rules of construction gen-
erally, § 1-2.
Sec. 38-57. Volunteer fire department.
Sec. 38-82. Public displays authorized.
The city may support and assist a volunteer fire
department. Such support and assistance may in- Public displays of fireworks shall be permitted
dude but shall not be limited to the furnishing of within the city only upon the conditions specified
city fire trucks, firefighting equipment and sup- in this article.
plies for any use by the volunteer fire department, (Ord. No. 3-93, § 1(602.03), 3-16-93)
Lire payments to volunteer firefighters for attendance
at volunteer fire department meetings or for an- Sec. 38-83. Application for permit; fee.
swering fire alarms and calls and the payment of Any person planning to make a public display
premiums on life insurance and hospitalization of fireworks shall first make written application
insurance policies covering the volunteer firelight- for a permit to the city treasurer at least 30 days
ers.
(Laws of Fla., ch. 63-1197, art. XIV, § 2) in advance of time of the proposed display.The fee
for the city permit shall be as established by res-
olution of the city council and set forth in appen-
Sec. 38-58. Duties of fire chief. dix B to this Code, plus the cost of the firefighters
(a) It shall be the duty of the fire chief to: required under section 38-88.
(Ord. No. 3-93, § 1(602.05), 3-16-93)
(1) Attend such meetings of the city council as
required by the city council; Sec. 38-84. Investigation of applicant; issu-
(2) Aid in the enforcement of all city ordinanc- ante or denial of permit.
es relating to the prevention and extinguish- It shall be the duty of the fire chief to make an
ment of fires and the protection of life and investigation as to whether the public display as
property within the limits of the city and proposed by the applicant for a permit pursuant
execute all papers and processes of the city to this article is of a character and the display is
or its authorities relating thereto; and in a location and the manner of discharge or fir-
(3) Perform such other duties as may be law- ing, in the opinion of the fire chief after proper
fully required of him,subject to the author- inspection, shall not be hazardous to property or
ity and instructions of the city council. endanger any person. The fire chief shall inform
the city treasurer of the results of his investiga-
*Charter reference—Referendum required for certain fire
protection services other than volunteers,art.XIV, §4. tCross references—Code enforcement,§2-246 et seq.;of-
Cross references—Officers and employees, §2-91 et seq.; fenses and miscellaneous provisions,ch. 50.
alarm systems, §30-26 et seq. State law reference—Fireworks, F.S. ch. 791.
Supp.No. 1 CD38:7
§38-84 CAPE CANAVERAL CODE
tion. The fire chief may require the applicant for the ability to respond for damages which may re-
the permit to make such changes in the character, suit from or be attributable to the public display.
location and method of discharging and firing as The insurance policy shall be approved by the city
deemed by the fire chief to be in the interest of manager.
public safety as a condition to approving the per- (Ord. No. 3-93, § 1(602.11), 3-16-93)
mit application.The permit shall be for a period of
time designated on the permit,but shall be for not Sec. 38-87. Storage of materials.
more than the one day intended for the public
display or a date to which the display is postponed The material to be used for the public display
because of inclement weather conditions.The per- authorized by this article shall not be stored with-
mit shall be nontransferable. If the application is the city, but shall be brought in on the day of
denied by the fire chief, he shall notify the appli- the public display and taken immediately to the
cant of the denial in writing. No public display of place of display.
fireworks shall be of such a character and so lo- (Ord. No. 3-93, § 1(602.13), 3-16-93)
cated, discharged, or fired as to be hazardous or
dangerous to persons or property, and this deter- Sec. 38-88. Attending firefighters.
mination shall be within the sound discretion of For each public display of fireworks pursuant to
the fire chief after proper inspection of the public this article,not less than one firefighter of the city
property. shall be in attendance during the display. The ex-
(Ord. No. 3-93, § 1(602.07), 3-16-93) pense of such firefighter at the display shall be
borne by the applicant for the permit and shall be
Sec. 38-85. Operators. paid in advance at the time of the application for
The persons handling the display of the fire- permit based on the average hourly rate of a fire-
works pursuant to this article shall be competent fighter and the number of hours specified in the
persons over the age of 18 years and experienced permit.
pyrotechnic operators approved by the fire chief (Ord. No. 3-93, § 1(602.15), 3-16-93)
and the chief of police or the county sheriffs pre-
cinct supervisor for the city, as the case may be. Sec. 38-89. Reserved.
No person not approved by the fire chief and chief
of police or the county precinct supervisor shall ARTICLE V. HAZARDOUS MATERIALS
handle fireworks at the public display.The names AND SUBSTANCES
of the approved operators shall be designated on
the permit when issued.
(Ord. No. 3-93, § 1(602.09), 3-16-93) Sec. 38-90. Definitions.
For purposes of this article,the following words,
Sec. 38-86. Insurance. terms, and phrases shall have the meanings as-
The applicant for a public display permit shall, cribed to them in this section, except where the
context clearly indicates a different meaning:
at the time of making application, furnish proof
that the applicant carries worker's compensation Costs shall mean those necessary and reason-
insurance for applicant's employees as provided able costs incurred by the city in connection with
by the laws of the state. The applicant shall file investigating, mitigating, minimizing, removing
with the city clerk a certificate of insurance evi- or abating discharges of hazardous substances,
dencing the carrying of public liability insurance including,but not limited to,the actual labor costs
in an amount not less than $1,000,000.00 per oc- of city personnel or authorized agents, cost of
currence and $3,000,000.00 aggregate issued by equipment operation and rental, cost of expend-
an insurance carrier authorized to transact busi- able items,including,but not limited to,fire light-
ness in the state for the benefit of the person ing foam, chemical extinguishing agents, absor-
named therein as insured, and the city shall be bent material, sand, recovery drums, goggles and
named as an additional insured, as evidence of protective clothing(both structural and chemical
Supp. No. 1 CD38:8
FIRE PREVENTION AND PROTECTION §38-93
L
protective,disposable or standard use).Costs shall (d) The intrusion into a canal, pond, lake or
further include overhead costs and indirect ex- other waterway by an automotive vehicle shall
pense allocable to the foregoing costs. constitute a discharge of hazardous substance shall mean any intentional or unin- de-
scribed in section 38-90 due to the release of hy-
Discharge action or omission resulting in the re-
sion,
materials. In the event of such intru-
tentionalleasin spilling,pumping,pouring,emitting,emp-
rescue
sion, the fire department shall deploy its dive
g, P g'P P g'P g, g' P rescue team to assist in the vehicle's removal in
tying or dumping of a hazardous substance upon
public or private property located within the cor- order to reduce environmental damage. A fee of
porate limits of the city. $100.00 shall be included as costs assessed against
the person responsible for such discharge.
Hazardous substance shall mean any substance (Ord. No. 19-94, § 1, 6-21-94)
or material in a quantity or form, which, in the
determination of the fire chief or his authorized Sec. 38-92. Reserved.
designee,poses an unreasonable and eminent risk
to the life, health, safety or welfare of persons or Sec. 38-93. Cost recovery; penalties; other
property within the city and shall include,but not remedies.
be limited to, any hazardous substance listed in
the National Fire Protection Association Guide on (a) Any person responsible for discharging,par-
Hazardous Materials or the U.S. Environmental ticipating or assisting in the discharge or autho-
Protection Agency's lists of extremely hazardous razing the discharge of a hazardous substance shall
reimburse the city for the full amount of all costs
substances or the "Florida Substance List" pro-
mulgated by the State of Florida Department of associated with the cleanup, removal or abate-
ment of any such discharge within a period of 30
Labor and Employment Security.
(Ord. No. 19-94, § 1, 6-21 94) days after receipt of an itemized bill for such costs iao,
from the city.
Sec. 38-91. Cleanup and abatement. (b) The remedy provided for in this section shall
(a) The fire department is hereby authorized to be supplemental and in addition to all other avail-
take such steps as are necessary to clean up, re- able remedies at law and equity.
move or abate the effects of any hazardous sub- (c) Funds recovered pursuant to this section
stances discharged upon or into public or private shall be allocated to the city departments which
property or facilities located within the corporate incurred costs in the cleanup, removal or abate-
limits of the city. ment of the discharge of a hazardous substance.It
(b) Any person who,without legal justification, is the intent of this article that levels of response
discharges,participates or assists in the discharge equipment and inventories and city funds be re-
or authorizes the discharge of any hazardous sub- plenished to levels which existed prior to the city's
stance that requires cleanup, removal or abate- response to a discharge of hazardous substances.
ment by the fire department or its contractors shall (Ord. No. 19-94, § 1, 6-21-94)
be liable to the city for the costs incurred by the
city in the cleanup, removal or abatement of any
such discharge. In the event that more than one
person has made a discharge, participated in the
discharge or authorized the discharge of a haz-
ardous substance,each such person shall be joint-
ly and severally liable for costs incurred in the
cleanup,removal or abatement of such discharge.
(c) The fire department shall keep a detailed
record of any costs incurred in the cleanup, re-
moval or abatement of discharge of any hazard-
Loy ous substance.
Supp.No. 1 CD38:9
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PLANNING §58-58
Sec. 58-36. Indebtedness.
The planning and zoning board shall not incur
any debts or enter into any contracts or obliga-
tions which would be enforceable against the city,
unless prior approval has been obtained from the
city council.
Secs. 58-37-58-55. Reserved.
ARTICLE III. LOCAL PLANNING
AGENCY*
Sec. 58-56. Designation and establishment.
Pursuant to and in accordance with the provi-
sions of F.S.,§ 163.3174,the five regular members
of the Planning and Zoning Board of the City of
Cape Canaveral, Florida, and two delegates at
large to be appointed by the city council by reso-
lution are designated and established as the local
planning agency for the City of Cape Canaveral,
Florida and shall be referred to as the local plan-
ning agency.
1
(Code 1981, § 261.01; Ord. No. 31-94, § 1, 8-2-94)
Sec. 58-57. Duties and responsibilities.
The local planning agency shall perform such
duties as provided in accordance with the provi-
sions of F.S. §§ 163.3161-163.3211.
(Code 1981, § 261.02)
Sec. 58-58. Designation of agency, depart-
ment, committee or person to
prepare comprehensive plan.
The city council, in cooperation with the local
planning agency, may designate any agency, de-
partment,committee or person to prepare the com-
prehensive plan for the city or any element there-
of under the supervision and direction of the local
planning agency.
(Code 1981, § 261.03)
*Cross reference—Boards, committees, commissions, §
2-171 et seq.
Supp.No. 1 CD58:5
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‘111111fte"
Chapter 70
TAXATION*
Article I. In General
Secs. 70-1-70-25. Reserved.
Article II. Public Service Tax
Sec. 70-26. Definitions.
Sec. 70-27. Authority;findings.
Sec. 70-28. Applicability.
Sec. 70-29. Levied.
Sec. 70-30. Exemptions.
Sec. 70-31. Payment.
Sec. 70-32. Computation.
Sec. 70-33. Purchase of utilities service.
Sec. 70-34. Monthly computation.
Sec. 70-35. Collection.
Sec. 70-36. Records.
Sec. 70-37. Purchase of utilities service without collecting tax.
Sec. 70-38. Failure to pay taxes collected.
Sec. 70-39. Discontinuance of utilities service.
Sec. 70-40. Sale of utilities service without collection of tax.
Sec. 70-41. Payment of utilities service without payment of tax.
Sec. 70-42. Failure to pay tax.
Sec. 70-43. Penalty.
Sec. 70-44. Appropriation of revenue.
Sec. 70-45. Continuance of tax and appropriation.
Secs. 70-46-70-65. Reserved.
Article III. Occupational License Tax
Sec. 70-66. Definitions.
Sec. 70-67. Levied.
Sec. 70-68. Violation;penalty.
Sec. 70-69. License required;payment of tax prerequisite to issuance.
Sec. 70-70. Form,signing of licenses;report of information.
Sec. 70-71. Engaging in business without paying tax or making reports.
Sec. 70-72. Evidence of engaging in business.
Sec. 70-73. False statement in license application.
Sec. 70-74. License year;tax payment date;term of license;proration of tax.
Sec. 70-75. Penalty for failure to obtain or renew license.
Sec. 70-76. Delinquencies.
Sec. 70-77. Separate license required for each place of business.
Sec. 70-78. Multiple licenses.
Sec. 70-79. Preservation,display of license.
Sec. 70-80. Issuance of duplicate.
Sec. 70-81. Transfer of license.
Sec. 70-82. Refunds.
Sec. 70-83. Exemptions.
Sec. 70-84. Insurance.
Sec. 70-85. Special requirements for contractors and subcontractors.
Sec. 70-86. Records of issued licenses.
*Cross references-City treasurer, §2-141 et seq.; finance, § 2-206 et seq.
State law references-Ad valorem taxation,F.S. ch. 192 et seq.;municipal finance and taxation, F.S. § 166.101 et seq.
Supp. No. 1 CD70:1
CAPE CANAVERAL CODE
Sec. 70-87. Records of licensees.
Sec. 70-88. License tax for businesses not otherwise designated.
Sec. 70-89. Schedule of rates.
J
3
Supp.No. 1 CD70:2
TAXATION §70-42
Li
thorized agent of the city shall have the right, penses incurred for the services of the city attor-
power and authority to inspect the records and ney in enforcing collection;provided,however,that
make transcripts thereof during such times as he no seller shall be liable to the city for payment of
may desire, provided that the right of inspection any tax upon any uncollected bills.
shall be exercised, as far as possible, so as to not (Code 1981, § 541.13; Ord. No. 32-93, § 1(541.13),
interfere with the orderly arrangement and con- 10-5-93)
duct of the books and records of the seller.
(Code 1981, § 541.10; Ord. No. 32-93, § 1(541.11), Sec. 70-39. Discontinuance of utilities ser-
10-5-93) vice.
If any purchaser shall fail, neglect or refuse to
Sec. 70-37. Purchase of utilities service
without collecting tax. pay to the seller the seller's charge for the sale to
the purchaser of such utilities service and in ad-
It shall be unlawful for any purchase of utilities dition thereto the tax imposed in this article on
service to be made without, at the same time, col- account of the purchase for which such charge is
lecting the tax levied in this article in respect to made,or either,the seller shall be authorized and
such purchase, unless such seller shall elect to is required to immediately discontinue the fur-
assume and pay such tax without collecting the ther sale or furnishing to any such purchaser of
tax from the purchaser. Any seller who shall fail any such utilities service until the tax and the
to collect such tax at the time of collecting the seller's charge shall have been paid in full.
price of any such purchase, where the seller has (Code 1981, § 541.14; Ord. No. 32-93, § 1(541.14),
not elected to assume and pay such tax, shall be 10-5-93)
liable to the city for the amount of such tax in like
(111111000" manner as if the tax had been actually paid to the Sec. 70-40. Sale of utilities service without
seller. If the seller shall elect to assume and pay collection of tax.
such tax,he shall pay the same each month to the It shall be unlawful for any seller or any officer,
city in the same manner as if such seller had ac- agent or employee of any seller to collect the price
tually collected the tax from the purchaser. to be received by the seller for the sale of any
(Code 1981, § 541.12; Ord. No. 32-93, § 1(541.12), utilities service without,at the same time,collect-
10-5-93) ing the tax levied in this article in respect to the
Sec. 70-38. Failure to pay taxes collected. purchase of such utilities service.
(Code 1981, § 541.15; Ord. No. 32-93, § 1(541.15),
If any seller shall fail to pay any utilities ser- 10-5-93)
vice taxes collected or assumed by him within ten
days after he shall be required to pay the taxes to Sec. 70-41. Payment of utilities service with-
the city, he shall be liable to and shall pay in out payment of tax.
addition to the tax a penalty equal to one percent It shall be unlawful for any purchaser to pay to
per day for each day the payment shall be in de- any seller the price charged by such seller for the
fault after the first ten days. If any seller shall be purchase of utilities service without, at the same
in default for more than ten days, the city trea time and in the same transaction, paying to the
surer shall be authorized and empowered and he seller the tax levied in this article on such pur-
is directed to certify the fact of such default to the chase,unless the seller has elected to assume and
city attorney,and thereupon the city attorney shall pay such tax.
be directed to enforce payment from such seller of (Code 1981, § 541.16; Ord. No. 32-93, § 1(541.16),
the amount of such tax due to the city by action at 10-5-93)
law or suit in equity. If the tax shall be collected
by action or suit, the seller shall pay, as an addi Sec. 70-42. Failure to pay tax.
tional penalty, such reasonable attorney's fees as
may be fixed by the court in which such action or Any purchaser who shall fail to pay the tax im-
suit is brought to reimburse the city for the ex- posed in this article at the same time and in the
Supp.No. 1 CD70:5
§70-42 CAPE CANAVERAL CODE
same transaction with the payment to the seller ARTICLE III. OCCUPATIONAL LICENSE
of the utilities service purchased shall be liable to TAX*
the city for a penalty equal to one percent of the
total charge for the utilities service for each day of Sec. 70-66. Definitions.
the default, which penalty shall be collected by
the seller and paid over to the city. If any seller The following words, terms and phrases, when
shall discontinue the service of a purchaser be- used in this article, shall have the meanings as-
cause of the nonpayment of the tax, it shall be cribed to them in this section, except where the
unlawful to restore such service until the tax and context clearly indicates a different meaning:
penalty shall have been paid in full.
(Code 1981, § 541.17; Ord. No. 32-93, § 1(541.17), Business, profession and occupation do not in-
10-5-93) dude the customary religious, charitable or edu-
cational activities of nonprofit religious,nonprofit
charitable and nonprofit educational institutions
Sec. 70-43. Penalty. in this state, which institutions are more partic-
ularly defined and limited as follows:
Any seller or officer, agent or employee of any
seller or any purchaser or any officer, agent or (1) Religious institutions means churches and
employee of any purchaser who shall violate sec- ecclesiastical or denominational organiza-
tions 70-37, 70-40, 70-41 and 70-42 shall, upon tions or established physical places for wor-
ship in this state at which nonprofit reli-
conviction, be punished pursuant to section 1-15. gious services and activities are regularly
(Code 1981, § 541.18; Ord. No. 32-93, § 1(541.18), conducted and carried on and also means
10-5-93) church cemeteries.
Sec. 70-44. Appropriation of revenue. (2) Educational institutions means state tax-
supported or parochial,church and nonprof-
All revenues received, collected or derived from it schools, colleges or universities conduct-
the taxes levied by this article shall be paid by the ing regular classes and courses of study
sellers to the city treasurer and shall be held and required for accreditation by or member-
used and considered appropriated for all legal cor- ship in the Southern Association of Colleg-
porate purposes, including the payment of reve- es and Secondary Schools, the department
nue obligations for sanitary sewer purposes. of education or the Florida Council of Inde
pendent Schools. Nonprofit libraries, art
(Code 1981, § 541.20; Ord. No. 32-93, § 1(541.19), galleries and museums open to the public
10-5-93) are defined as educational institutions and
eligible for exemption.
Sec. 70-45. Continuance of tax and appropri- (3) Charitable institutions means only nonprof-
ation. it corporations operating physical facilities
in this state at which are provided charita-
The tax levied in this article shall be a continu-
ing tax, and the appropriation made of the pro- *Editor's note—Ord.No.25-94,§1,adopted July 28,1994,
ceeds of such tax shall be a continuing appropri- repealed former Art. III, §§ 70-66-70-88, relative to occupa-
ation, so long as all of the revenue obligations tional license tax,and enacted a new Art.III,§§70-66-70-89
to read as herein set out. The provisions of former Art. III
mentioned in section 70-44 shall be outstanding derived from Code of 1981, §§721.01,721.03,721.05,721.11,
or until provision for the full payment thereof shall 721.13,721.15,721.17,721.19,721.27,721.29,721.31,721.33,
have been made. 721.35,721.37,721.38,721.39,721.40,721.41,721.43,721.45,
(Code 1981, § 541.21; Ord. No. 32-93, § 1(541.20), 721.47, 721.49 and 721.53.
10-5-93) Cross references—Code enforcement,ch.2,art.VI;adult
entertainment,§ 10-86 et seq.;businesses,ch. 16;home occu-
pations, § 110-521 et seq.
State law reference—Occupational license tax, F.S. ch.
Secs. 70-46-70-65. Reserved. 205.
Supp.No. 1 CD70:6
TAXATION § 70-66
L
ble services, a reasonable percentage of Merchandise means any goods,wares,commod-
which shall be without cost to those unable ities or items which are bought, sold, rented or
to pay. leased in the normal course of business or trade.
Contractor means any person accepting or of- Merchant means any person engaged in the busi-
fering to accept orders or contracts for doing any ness of selling merchandise at retail or wholesale.
work on or in any building or structure requiring The term "merchant" shall not include the oper-
the use of building materials or accepting or of- ators of bulk plants or service stations engaging
fering to accept orders or contracts to do any pay- principally in the sale of gasoline and other pe-
ing or curbing on sidewalks or streets on public or troleum products;those conducting distress sales;
private property requiring the use of appropriate installation contractors; milk and dairy products
material of any composition; accepting or offering distributors; sellers of motor vehicles;peddlers of
to accept orders or contracts to excavate earth, fuel oil, gasoline, LP gas, or produce; and opera-
rock or material for foundations or any other pur- tors of restaurants, cafes, cafeterias, caterers or
pose; accepting or offering to accept orders or con- hotels.
tracts to construct any sewer of appropriate ma-
terial or other material; accepting or offering to Merchant,retail,means any merchant who sells
accept orders or contracts for building, remodel- to the consumer for any purpose other than re-
ing, repairing, wrecking, razing or demolishing sale.
any structure or for moving any building or for
the installation, maintenance or repair of neon Merchant, wholesale, means any merchant who
signs, air conditioning apparatus or equipment, sells to another for the purpose of resale. Sales to
whether such work is done or offered to be done by governmental entities shall be considered whole-
Lre day labor, general contract or subcontract. Every sale sales.
person engaging in the business of accepting or
offering to accept orders for contracts for doing Number of employees means, in those instances
any work on or in any building or premises in- in this article wherein the license tax is based
volving erecting,installing,altering,repairing,ser- upon full- or part-time "number of employees" it
vicing or maintaining electric wiring, devices or shall mean the average daily number of full- or
appliances permanently connected to such wiring part-time employees during the past calendar year
or the erecting, repairing or maintaining of lines that were employed in the business on an average
shall be deemed to be an electrical contractor. Ev- business day. A new business shall be based on
ery person engaged in the business of plumber or number of full-or part-time employees on opening
steamfitter shall be deemed to be a contractor. day.All principals in the business shall be deemed
Every person engaged in the business of erecting as employees and shall be included in the calcu-
a building or buildings for the purpose of selling lation.
or renting the building and making no contract
with a duly licensed contractor for the erection of Person means any individual, firm, partner-
such building, whether or not such person con- ship,joint adventure, syndicate or other group or
tracts with one or more duly licensed contractors combination acting as a unit, association, corpo-
for one or more portions but does not contract ration, estate,trust, business trust, trustee, exec-
with any one person for all the work of erecting utor,administrator,receiver or other fiduciary,and
any one of such buildings, shall be deemed to be a includes the plural as well as the singular.
contractor if he shall build more than one house
in any one year. Sale means the transfer of ownership or title or
possession, transfer, exchange or barter, whether
Employee means any person who engages in any conditional or otherwise, for a consideration.
business, profession or occupation under any ap- (Ord. No. 25-94, § 1, 7-28-94)
(IIIIhrf° pointment, agency, contract of hire or apprentice- Cross reference—Definitions and rules of construction gen-
ship, express or implied, oral or written. erally, § 1-2.
Supp. No. 1 CD7O:7
§70-67 CAPE CANAVERAL CODE
J
Sec. 70-67. Levied. Sec. 70-70. Form, signing of licenses;report
of information.
An occupational license tax is hereby levied for (a) The city treasurer shall prescribe the form
the privilege of engaging in or managing any busi- of all licenses and applications therefor, and, ex-
ness,profession or occupation within the city.Such cept as otherwise provided by ordinance, all li-
occupational license tax is levied on any person censes shall be signed by the city treasurer and
who: shall be invalid for all purposes unless so signed.
(1) Maintains a permanent business location (b) Each person required to pay an occupation-
or branch office within the city for the priv- al license tax shall report under oath to the city
ilege of engaging in or managing any busi- treasurer all information necessary for a proper
ness in the city. determination of the occupational license tax due
(2) Maintains a permanent business location for each classification to which he is subject, in-
or branch office within the city for the priv- cluding the number of employees, size or average
ilege of engaging in or managing any pro- inventory of stock on hand. The city treasurer is
fession or occupation within the city. authorized to prepare interrogatories to furnish
(3) Does not qualify under subsection(1)of this forms for filing of the reports to obtain the infor-
section and who transacts any business or mation necessary to determine the proper occu-
engages in any occupation or profession in pational license tax due.The city treasurer is fur-
ther authorized to make such investigation and
interstate commerce, if such license tax is inspection of each place of business and those
not prohibited by section 8 of article I of the records pertaining to those taxes due under this
United States Constitution. article.
(Ord. No. 25-94, § 1, 7-28-94)
(c) Any person who is both a wholesale and re-
Sec. 70-68. Violation; penalty. tail merchant is required to make separate re-
ports for the wholesale business and for the retail
(a) Each day of sale or disposal of merchandise business and to obtain licenses accordingly; how-
or engaging in a business or occupation without ever, any retail merchant who desires to do a
complying with this article shall constitute a sep- wholesale business may elect to do such whole-
arate and distinct violation of this article. sale business under his retail license by paying a
(b) Any person violating this article shall,upon license tax based on both the retail and wholesale
business at the retail rate.
conviction,be punished as provided in section 1-15. (Ord. No. 25-94, § 1, 7-28-94)
(Ord. No. 25-94, § 1, 7-28-94)
Sec. 70-71. Engaging in business without
Sec. 70-69. License re uired• a paying tax or making reports.
q ,p yment of tax It shall be unlawful for any person to exercise
prerequisite to issuance. anyof or to carry the privileges rry on or engage in or
Each person who shall engage in, transact or conduct any of the businesses,occupations or pro-
manage or be the agent for any business or who fessions specifically enumerated in this article
shall perform or offer to perform services or sell without paying the occupational license tax re-
goods,advertise goods for sale or perform services quired by this article in the manner provided in
or solicit or advertise the performance of services this article or to fail to make any reports to the
for anyof the businesses, city treasurer as required or to violate any other
professions or occupa section of this article.
tions mentioned in this article shall first procure (Ord. No. 25 94, § 1, 7-28-94)
a license from the city and shall, upon procuring
the license and before the issuance of the license, Sec. 70-72. Evidence of engaging in busi-
pay the amount of license tax required as provid- ness.
ed in section 70-89. The advertisement of any business, profession
(Ord. No. 25-94, § 1, 7-28-94) or occupation, by sign, newspaper, magazine, fly-
Supp.No. 1 CD7O:8
TAXATION § 70-78
ers,yellow pages or any other means shall be con- (b) Any person who engages in any business,
clusive evidence of the engaging in and carrying occupation or profession covered by this article
on in the city of the business, profession or occu- who does not pay the required occupational li-
pation so advertised. cense tax within 150 days after the initial notice
(Ord. No. 25-94, § 1, 7-28-94) of tax due and who does not obtain the required
occupational license is subject to the civil action,
Sec. 70-73. False statement in license appli- penalties, costs and attorneys' fees provided in
cation. F.S. § 205.053(3), or any successor statute.
It is unlawful for any person to make a state- (Ord. No. 25-94, § 1, 7-28-94)
ment showing value of inventory in an amount
less than the true amount thereof in his applica- Sec. 70-76. Delinquencies.
tion for a license or to knowingly make a false Each license not renewed when due and pay-
statement as to any other condition or factor upon able shall be considered delinquent and subject to
which the license tax is or shall be based, the the maximum penalty provided in F.S. §
effect of which would be to reduce the amount of 205.053(1), or any successor statute. Nothing in
such tax. this section, however, shall be construed to pre-
(Ord. No. 25-94, § 1, 7-28-94)
vent the imposition of a fine or imprisonment or
both, upon conviction for violation of this article.
Sec. 70-74. License year; tax payment date; (Ord. No. 25-94, § 1, 7-28-94)
term of license; proration of tax.
The license year for all occupational, business Sec. 70-77. Separate license required for
or other licenses shall begin October 1 of each each place of business.
year and shall expire on September 30 of the suc-
ceeding year. All such licenses shall be issued by A separate license shall be obtained for each
the city treasurer beginning August 1 of each year place of business conducted,operated,maintained
upon receipt of the appropriate license tax, and or carried on by every person engaged in any oc-
such tax shall be due and payable on September cupation,trade or enterprise for which a license is
30 of each year. If September 30 falls on a holiday required by this article.
or a weekend,the tax shall be due and payable on (Ord. No. 25-94, § 1, 7-28-94)
or before the first working day following Septem-
ber 30. No license shall be issued for more than Sec. 70-78. Multiple licenses.
one year. For each license obtained by any new
business, occupation or agent after April 1 of the Except as otherwise stated in this article,if any
following year, 75 percent of the license for one person engaged in a business, occupation or pro-
fession at one location or place of business is re-
year shall be paid and shall be reduced by an
additional 5 percent per month for each month quired in the operation of such business, occupa-
tion or profession under this article to have more
thereafter for businesses, occupations or agents
which open or start after April, but before Octo- than one license and to pay more than one license
ber, unless otherwise provided in this article. tax, the licensee shall pay in full all license taxes
(Ord. No. 25-94, § 1, 7-28-94) so required.
State law reference—Similar provisions,F.S.§205.053(1).
Whenever any business, occupation or profes-
sion shall fall into more than one of the classifi-
Sec. 70-75. Penalty for failure to obtain or
renew license. cations contained in the schedule set forth in this
article, such occupation, business or profession
(a) Any person who engages in or manages any shall be required to comply with the license re-
business, occupation or profession without first quirements and to pay the license tax imposed
obtaining a license required under this article is under or pertaining to each classification or priv-
L subject to the penalty stated in F.S. § 205.053(2), ilege.
or any successor statute. (Ord. No. 25-94, § 1, 7-28-94)
Supp. No. 1 CD70:9
§ 70-79 CAPE CANAVERAL CODE
Sec. 70-79. Preservation, display of license. person, $300,000.00 for any one accident and
$25,000.00 property damage,prior to the issuance
All licenses granted by the city shall be careful- of a license:
ly preserved and shall be displayed in a conspic-
uous place in the place of business authorized to (1) Automobile rental agencies.
be conducted by the license. (2) Amusement rides.
(Ord. No. 25-94, § 1, 7-28-94) (3) Carnivals.
Sec. 70-80. Issuance of duplicate. (4) Circuses.
(5) Riding devices.
Duplicate license tax certificates may be issued (Ord. No. 25-94, § 1, 7-28-94)
by the city treasurer. A fee of$10.00 will be as-
sessed for each duplicate license issued.
(Ord. No. 25-94, § 1, 7-28-94) Sec. 70-85. Special requirements for con-
tractors and subcontractors.
Sec. 70-81. Transfer of license. (a) All contractors and subcontractors shall be
required to furnish a bond in the amount of
(a) Licenses may be transferred from one loca- $1,000.00 payable to the city prior to the issuance
tion to another, provided that the license is pre- of an occupational license as provided in F.S. §
sented to the department of finance for approval 489.131(3)(e).
of such transfer.Such transfer of license approved
by the city treasurer will be made only after pay- (b) No license shall be issued to any contractor,
ment to the city of a fee up to ten percent of the general or otherwise, unless the applicant shall
annual license tax, but not less than $3.00 nor first present to the city a certificate showing the
more than $25.00. applicant to be insured for general tort liability in
the amount of not less than $100,000.00 to any
(b) No occupation license issued to a general one person, $300,000.00 for any one accident and
contractor or subcontractor may be assigned or $25,000.00 for property damage.
transferred from one person to another. (Ord. No. 25-94, § 1, 7-28-94)
(Ord. No. 25-94, § 1, 7-28-94)
State law reference—Similar provisions,F.S.§205.043(2),
(3). Sec. 70-86. Records of issued licenses.
Sec. 70-82. Refunds. The city treasurer shall keep an accurate and
thorough record of all licenses issued,showing the
Taxes prescribed by this article shall in no case nature of the license, its date, expiration and to
be refunded. whom issued.
(Ord. No. 25-94, § 1, 7-28-94) (Ord. No. 25-94, § 1, 7-28-94)
Sec. 70-83. Exemptions. Sec. 70-87. Records of licenses.
The exemptions required in F.S. ch. 205 are in- Every person engaging or continuing in the city
corporated in this article by reference. any business or exercising any privilege subject to
(Ord. No. 25-94, § 1, 7-28-94) a license tax shall keep and preserve suitable
records of the average annual inventory of stock
Sec. 70-84. Insurance. on hand, records sufficient to show the number of
employees and a record of all goods and merchan-
The following applicants for a license are re- dise purchased or received for resale. Every such
quired to present the city with a certificate show- person shall keep and preserve,for a period of two
ing insurance coverage for general tort liability in years, all invoices of goods and merchandise pur-
an amount of not less than$100,000.00 to any one chased or received for resale and the employmentJ
Supp. No. 1 CD70:10
TAXATION §70-89
Live
records of all employees and shall furnish such Category Base Fee
records to the city treasurer for inspection upon cleaning and laundry drop off sta-
request. tion) 50.00
(Ord. No. 25-94, § 1, 7-28-94)
Auctioneers 75.00
Sec. 70-88. License tax for businesses not Automobile/motor vehicle/boat/RV
otherwise designated. storage (for impound or repair) 125.00
Every business, occupation, profession or exhi- Automobile/motor vehicle/boat/RV
bition engaged in by any person not specifically storage(not for impound or repair) 75.00
designated in section 70-89 shall be subject to a
license tax as specifically cited in the "not other- Automobile wreckers 50.00
wise classified" category within each section. Banks,including S&Ls,credit unions
(Ord. No. 25-94, § 1, 7-28-94) and full service banks 250.00
Sec. 70-89. Schedule of rates. Bondsman 75.00
SERVICE-ORIENTED BUSINESSES Brokerage houses/investment com-
panies 125.00
In addition to the posted license below, the fol-
lowing supplemental schedule applies to all ser- Business office renting or leasing75.00
vice-oriented business.The total license fee,there- Business service center(includes fax
fore,is equal to the fee noted in this supplemental service, shipping/packing, notary,
schedule. For example, the fee for an accounting mail boxes,clerical support and as-
(461., firm with seven employees is $93.75($75.00 base sociated services) 50.00
plus a 25 percent supplemental fee of $18.75 =
total fee of$93.75). In no event however,shall the Car wash 50.00
total license fee in effect on the day prior to the Catering 50.00
effective date of the enactment of the ordinance
from which this article derives be increased in City directory 75.00
amounts greater than the amounts of increase per- Clairvoyant/astrologist/palmist/chan-
mitted by section 8, chapter 93-180, Laws of Flor- nelor/unlicensed hypnotist 75.00
ida.
Cleaning/janitorial services 50.00
Supplemental Schedule
(Number of Employees) Total License Fee Due Cold storage bulk storage/commer-
cial storage 75.00
5 or less Base fee only
6 to 25 Base + 25% Credit/claim/collection agency 75.00
26 to 50 Base + 50% Data processing/computer services 75.00
51 to 100 Base + 75%
More than 100 Base + 100% Decorator 50.00
Delivery service 50.00
Category Base Fee Detective agency 75.00
Accountant/auditor/CPA/bookkeeper $ 75.00 Diet center 75.00
Advertising/marketing/public rela- Dry cleaning/laundry plant 50.00
tions 75.00
Animal care/grooming/boarding 75.00 Eating places 50.00
Cire Apparel service center(includes tai- Electronics repair 50.00
lor,alterations,shoe repair and dry Employment agency 75.00
Supp.No. 1 CD70:11
§70-89 CAPE CANAVERAL CODE
Category Base Fee Category Base Fee
Exterminator (licensed) 50.00 Rental car 75.00
Finance company 250.00 Rental equipment 50.00
Financial agents (includes financial Rental truck and trailer 75.00
planners, mortgage brokers, loan Rug and carpet cleaner 50.00
brokers, security dealers) 75.00
Fitness centers 125.00 Security agency 75.00
Funeral home 125.00 Septic and sewer cleaning service . . 75.00
Garage/auto and truck repair 75.00 Shipping and delivery company. .. . 75.00
Graphics/printing 75.00 Signage companies 50.00
Gunsmith 50.00 Specialty transportation services(in-
cludes limousine services and shut-
Hospital 250.00 tles) 93.75
Instructional centers 75.00 Taxi company(see city Code of Ordi-
Insurance companies 75.00 nances, chapter 80, Vehicles for
Hire for additional requirements) 125.00
Introduction service 125.00
Laboratory(scientific or medical) 125.00 Title/abstract agencies 75.00
Towel and linen supply 75.00
Landscaping/lawn service/tree ser-
vice 50.00 Travel agent 75.003
Laundromat 75.00 Truck lines 75.00
Legal services 75.00 Upholsterers 50.00
Licensed child care 50.00 Video production 75.00
Licensed massage therapist 75.00 Watch and clock repair 50.00
Medical services 75.00 Other service business not otherwise
Medical transport 75.00 classified 75.00
News bureau 75.00 RETAIL-ORIENTED BUSINESSES
Nursing home 250.00 In addition to the posted license below, the fol-
Other professional services(includes lowing supplement schedule applies to all retail-
engineers,consultants,architects) 75.00 oriented business.The total license fee,therefore,
Paint/body shop 75.00 is equal to the fee noted in this supplemental
schedule. For example, the fee for a convenience
Personal grooming centers (includes store with 13 total full- and part-time employees
barbershops, beauty centers and on the payroll is $62.50 ($50.00 base plus a 25
associated services) 50.00 percent supplemental fee of$12.50 = total fee of
Photographer 50.00 $62.50). In no event however, shall the total li-
cense fee in effect on the day prior to the effective
Real estate 75.00 date of the enactment of the ordinance from which
Rent-to-own 50.00 this article derives be increased in amounts great-
er than the amounts of increase permitted by Sec-
Rental boats and water sports 50.00 tion 8, Chapter 93-180, Laws of Florida.
Supp.No. 1 CD70:12
LTAXATION § 70-89
Supplemental Schedule Category Base Fee
(Number of Employees) Total License Fee Due Secondhand dealers 50.00
5 or less Base fee only Service station(includes fuel pumps,
6 to 25 Base + 25% repairs, towing, carwash and re-
26 to 50 Base + 50% lated automotive services) 125.00
51 to 100 Base + 75%
More than 100 Base + 100% Wholesale and gasoline storage 93.75
Other retail business not otherwise
Category Base Fee classified 50.00
Automat (retail business containing ENTERTAINMENT-ORIENTED BUSINESSES
five or more coin-operated mer-
chandise or service dispensing ma- In addition to the posted license below, the fol-
chines) $ 50.00 lowing supplemental schedule applies to all Auction house en-
tertainment-oriented business. The total license
50.00 fee, therefore, is equal to the fee noted in this
Auto part/accessories 50.00 supplemental schedule. For example, the fee for
Automobiles-new or used 75.00 an entertainment center with 33 total full- and
part-time employees on the payroll is $187.50
Bait and tackle 50.00 ($125.00 base plus a 50 percent supplemental fee
of$62.50=total fee of$187.50). In no event,how-
Bakeries50.00 ever,shall the total license fee in effect on the day
Lai Bicycle and mower sales 50.00 prior to the effective date of the enactment of the
Boat sales ordinance from which this article derives be in-
75.00 creased in amounts greater than the amounts of
Bottled beverages 50.00 increase permitted by Section 8, Chapter 93-180,
Laws of Florida.
Business machines 50.00
Supplemental Schedule
Convenience store(includes sundries
(Number of Employees) Total License Fee Due
only) 50.00
5 or less Base fee only
Convenience store(includes sundries 6 to 25 Base + 25%
and fuel) 125.00 26 to 50 Base + 50%
Florists 50.00 51 to 100 Base + 75%
More than 100 Base + 100%
Gas distributors-bottled 75.00
Gasoline-via tank truck 125.00 Category Base Fee
Liquidators 50.00 Bowling center $125.00
Mail order 50.00 Carnival(requires council approval),
per day 250.00
Merchants 50.00
Monuments/tombstones 50.00 Circus (requires council approval),
per day 250.00
Newspaper companies 50.00 Convention center 93.75
Nursery-plants and trees 50.00 Driving range 125.00
Pawnbrokers 125.00Le Entertainment center (includes ar-
Photofinishing and developing 50.00 cades, miniature golf, fun house,
Supp.No. 1 CD70:13
§70-89 CAPE CANAVERAL CODE
Category Base Fee Category Base Fee
go-carts,riding machines and coin- Contractors(Division I or Division II
operated machines) 125.00 as defined by Florida Statutes,
Chapter 489) $125.00
Gun range(location requires council
approval) 125.00 Subcontractors and Contractors oth-
er than Division I or Division II. . 75.00
Movie theater 125.00 includes, but is not limited to the following:
Playhouse/theme park 125.00 AC and heating
Skating center 125.00 Alarms and security
Cabinet makers
Special limited engagement event
(for example, concerts, sporting Carpenters
events, bungee jumping, helicop- Concrete restoration
ter rides, etc.)—requires council Doors/windows
approval,with fee to be established Drywall
by council, minimum per day 25.00
Electricians
Sporting arena/complex 93.75
General repair and maintenance
Other entertainment business not High rise window cleaning
otherwise classified 93.75 Machine shop (includes welding, grinding,
boring; excludes fabrication)
CONTRACTOR AND SUBCONTRACTORS Masons
Painters
In addition to the posted license below, the fol-
lowing supplemental schedule applies to all con- Plumbers
tractors and subcontractors. The total license fee, Pressure cleaning
therefore, is equal to the fee noted in this supple- Roofers
mental schedule. For example, the fee for an AC
and heating company with six total full-and part- Sheet metal
time employees on the payroll is $93.75 ($75.00 Well drilling
base plus a 25 percent supplemental fee of$18.75
= total fee of$93.75). In no event, however, shall UTILITIES
the total license fee in effect on the day prior to
the effective date of the enactment of the ordi- Category Base Fee
nance from which this article derives be increased Cable $250.00
in amounts greater than the amounts of increase
permitted by Section 8, Chapter 93-180, Laws of Electric 250.00
Florida. Natural gas 250.00
Supplemental Schedule Radio stations 250.00
(Number of Employees) Total License Fee Due Telephone 250.00
5 or less Base fee only Television stations 93.75
6 to 25 Base + 25%
26 to 50 Base + 50% Utilities 250.00
51 to 100 Base + 75% Other utility business not otherwise
More than 100 Base + 100% classified 250.00
Supp.No. 1 CD70:14
TAXATION § 70-89
Lile'
MANUFACTURING-ORIENTED BUSINESSES Category Base Fee
In addition to the posted license below, the fol- houses, plus $2.50/unit 25.00
lowing supplemental schedule applies to all man-
ufacturing-oriented business.The total license fee, Operators of other dwellings (other
therefore, is equal to the fee noted in this supple- dwellings rented or advertised for
mental schedule. For example, the fee for a facto- rent,three times or more a year on
ry center with 165 total full- and part-time em- a short-term basis-30 days or
ployees on the payroll is $350.00 ($175.00 base less), plus $2.50/unit 25.00
plus a 100 percent supplemental fee of$175.00 =
total fee of$350.00). In no event, however, shall Operators of other dwellings not spe-
the total license fee in effect on the day prior to cifically cited herein, plus $2.00/
the effective date of the enactment of the ordi- unit 25.00
nance from which this article derives be increased
in amounts greater than the amounts of increase COIN-OPERATED DEVICES
permitted by Section 8, Chapter 93-180, Laws of
Florida. A "coin-operated device" is hereby defined as
any machine, apparatus or device that operates
Supplemental Schedule upon the insertion of money,trade token,ticket or
(Number of Employees) Total License Fee Due slug greater in denomination than ten cents. The
premise in which a coin-operated machine is lo-
5 or less Base fee only
6 to 25 Base + 25% cated and operated shall pay the license fee set
26 to 50 Base + 50% forth herein. Coin-operated devices where the en-
tire proceeds of such devices are used for charita-
MoreLiiie, 51 to100
than
n 100 Base + 100Base + 100% ble purposes as defined in Section 501(C)(3)of the
IRS Code of 1986, are exempted from these fees.
Category Base Fee Telephones, newspaper dispensers, U.S. stamp
machines, checking lockers, toilet locks and ciga-
Concrete plant $175.00 rette vending machines are also exempted from
Distribution center 93.75 these fees.When the vending machine is provided
exclusively as a service to employees or tenants
Factories/fabrication plants 175.00 and is not meant or used by customers outside the
Machine shop 93.75 company or complex, no fee is assessed. In no
event,however, shall the total license fee in effect
Research and development site 175.00 on the day prior to the effective date of the enact-
Other manufacturing business not ment of the ordinance from which this article de-
otherwise classified 93.75 rives be increased in amounts greater than the
amounts of increase permitted by Section 8,Chap-
DWELLINGS FOR RENT ter 93-180, Laws of Florida.
The occupational license tax on vending and
Category Base Fee amusement machines shall be based on the high-
Adult congregate living, plus $2.00/ est number of machines located on the business
unit $25.00 premises on any single day during the previous
licensing year or in the case of new businesses
Hotels/motels, plus $2.50/unit 25.00 based on an estimate of the current year.Replace-
Mini storage complexes, plus $2.00 ment of one machine with another machine dur-
unit 25.00 ing a licensing year does not affect the tax assess-
ment for that year unless the replacement machine
Lerie Operators of apartments/mobile belongs to an occupational license tax classifica-
tion parks/dormitories/rooming tion that requires a higher tax rate.
Supp. No. 1 CD70:15
§70-89 CAPE CANAVERAL CODE
Category Base Fee
Category Base Fee
Amusement,music or entertainment
machine, each $12.50
(examples include: video games, bil-
liards tables,coin-operated rides and
juke boxes)
Laundry or clothes drying machine,
each 6.25
Merchandise dispensing machine,
each 12.50
(examples include: soda machines,
water machines, snack machines,
candy, gum and gift dispensers)
Service dispensing machine, each 12.50
(examples include:air machines and
car vacuum/cleaning machines, car
wash machines, photocopying ma-
chines)
Other, each 12.50
(Ord. No. 25-94, § 1, 7-28-94)
Cross reference—Occupational license required for out-
door entertainment activities,§ 10-49.
j
Supp. No. 1 CD70:16
UTILITIES §78-151
‘411/1/#
of units proposed to be constructed,in accordance formally request in writing permission to
with sections 78-121 and 78-124. pump offsite sewage into the city's sewer
(Code 1981, § 535.05) system.
Sec. 78-129. Cost of living increase. (2) The city shall, by and through one of its
employees, review the application and if
Any user of the services of the sewer system preliminarily approved shall physically ac-
shall pay a sewer impact fee as established in company the person or his representative
section 78-121. The schedule of fees is subject to making the application to the site where
revision annually as may be necessary to keep the the sewage is to be introduced into the city
cost commensurate with changes in the cost of sewer system.
living as reflected by the Consumer Price Index or
because of any regulatory or environmental fac- (3) The city, at the expense of the applicant,
tors which increase the costs of sewage collection, will test the sewage material that is to be
transmission and treatment.All revisions shall be pumped into the city sewer system for com-
done by resolution and shall become effective as of pliance with all applicable state depart-
May 1 of each year.The basis of such rate increase ment of environmental protection and En-
shall be the Consumer Price Index U.S. city aver- vironmental Protection Agency require-
age, "all items"(82-84-100), published by the Bu- ments and shall reject the application if
reau of Labor Statistics of the United States De- sewage does not meet the state,federal and
partment of Labor. The index number for the local permit requirements for sewage to be
month of February 1991 shall be the base index introduced in city sewer system.
number and the corresponding index number for (4) A representative of the city will monitor un-
the month of February in each succeeding year til its completion the pumping of sewage
Lore- shall be the current index number. On May 1 of into the sewer system by the requesting per
each year, the sewer impact fee shall be deter- son.
mined by dividing the current index number(CIN) (5) The fee for this pumpage shall be as set
by the base index number (BIN), in accordance forth in appendix B to this Code. This fee
with the following formula, dropping all digits af-
ter 1/100: shall be in addition to any and all tests of
(CIN) the sewage material by the city employees.
New sewer impact fee charge=(BIN) x the cur- The person shall be invoiced by the city for
rent sewer impact fee. this service.
(Code 1981, § 535.06) (6) There shall be no hazardous waste as iden-
tified by state, federal and city guidelines
Sec. 78-130. Port Canaveral customers. at any time introduced into the city sewer
Sewer impact fees for Port Canaveral custom- system.
ers are due and payable upon receipt of a state (Ord. No. 11-91, § 1(535.08), 11-19-91)
department of environmental protection permit
application to construct wastewater transmission/ Secs. 78-132-78-150. Reserved.
collection mains.No permit application will be ap-
proved until all fees are paid in full.Any change of ARTICLE III. SERVICE RATES, DEPOSITS
use or change of similar use of a structure shall be AND BILLING PROCEDURES*
subject to the criteria outlined in section 78-128.
(Code 1981, § 535.07) Sec. 78-151. Deposit required.
Sec. 78-131. Offsite sewage pumping. (a) Every garbage or sewer customer of the city
Offsite sewage pumping will be permitted ac- shall be required to pay a sum which is set forth
cording to the following: in appendix B to this Code as a deposit for sewer
L
(1) The person requesting the pumping shall and garbage and trash collection services.
isse
contact the public works department and *Cross reference—City treasurer, §2-141 et seq.
Supp.No. 1 CD78:23
§78-151 CAPE CANAVERAL CODE
(b) For new industrial customers whose month- number for the month of February, 1989, shall be
ly sewage charges are based upon water consump- the base index number and the corresponding in-
tion at existing service location, the deposit fee dex number for the month of February in each
shall be equivalent to a three-month service peri- succeeding year shall be the current index num-
od for sewer and garbage,plus three months'pen- ber. The sewer rate shall be determined by divid-
alty charges.Monthly charges are to be computed ing the current index number (CIN) by the base
upon the average monthly charge for the previous index number (BIN), in accordance with the fol-
six-month period. For a new industrial customer lowing formula, dropping all digits after 1/100:
at a new service location, a deposit fee shall be (CIN)
equivalent to the sewage rate for the estimated New rate charge = (BIN) x the current sewer
water consumption based upon the state depart- rate.
ment of environmental protection technical infor-
mation memorandum, § 6.2.1., and the estimated (b) It is the intent of this section that all con-
garbage service multiplied by three, plus three dominiums or other developments,particularly de-
months'penalty charges. This deposit fee may be velopments with a mixture of housing types, be
recalculated after six months based upon actual charged a sewer rate in accordance with the type
sewage and garbage service charges.In lieu of the of structure actually built.
cash deposit required for industrial customers,the (Code 1981,§671.03;Ord.No.35-94, § 1,9-20-94)
customer may post a surety bond to the city in an
amount equal to the deposit. Sec. 78-153. Payment of utility charges re-
(c) The deposit shall be paid to the city by the quired.
new customer upon occupancy. (a) Bills for the monthly utility charges and fees
(d) The deposit shall be returned to the depos- shall be submitted and shall be payable within 30
itor upon satisfaction of all outstanding balances, days from the billing date. If such monthly bill
upon termination of the service. shall be and remain unpaid on and after the 30-
day grace period,water and sewer service shall be
(e) Any deposit pursuant to this section shall subject to cutoff.If such monthly bill is not paid in
be refunded to the customer upon the satisfactory full by the 30th day following that for which a
completion of 24 months service without a thirty- billing has been rendered, an amount equal to ten
day delinquency. percent of such bill due shall be added as a late
(Code 1981,§§672.01, 672.03;Ord.No.24-94, § 1, charge. Upon failure of any user to pay within 60
7-19-94) days from being billed, the city shall cut off or
cause to be shut off the connection of such user
and shall not furnish him or permit him to receive
Sec. 78-152. Monthly sewer rates.
from the system further service until all obliga-
(a) Any user of the services of the sewer system tions owed by him to the city on account of the
shall pay a monthly charge or rate as set forth in services shall have been paid in full. If such sewer
appendix B to this Code. The schedule of fees is service is shut off, before such service shall be
subject to revision annually as may be necessary restored the user thereof shall pay a reinstate-
to keep rates commensurate with the changes in ment fee in the amount as set forth in appendix B
the cost of providing service and is otherwise sub- to this Code,in addition to any other charges,late
ject to revision due to any regulatory or environ- charges or penalties due. The city shall also have
mental factors which increase the cost of sewage a lien on any parcel or property affected by any
treatment. All revisions shall be done by resolu- unpaid balance of article II of this chapter. Such
tion and shall become effective as of May 1 of each lien shall be superior and paramount to the inter-
year.The city council may utilize,as a basis of any est on such parcel or property of any owner, les-
annual rate increase, the Consumer Price Index see,tenant,mortgagee or other person,except the
U.S. city average "all items" (1967=100), pub- lien of county taxes, and shall be on a parity with
lished by the Bureau of Labor Statistics of the the lien of any such county taxes. If any such ser-
United States Department of Labor. The index vice shall not be paid as and when due and shall
Supp.No. 1 CD78:24
UTILITIES § 78-154
‘i1111111e
be in default for 30 days or more, the unpaid bal- industrial accounts to cover a three-month service
ance thereof and all interest accrued thereon, to- period; provided, however, that no such deposit
gether with attorney's fees and costs, may be re- shall exceed an amount set forth in appendix B to
covered by the city in a civil action, and any such this Code.
lien and accrued interest may be foreclosed or oth- (c) Reconnecting the sewer service or removing
erwise enforced by the city by action or suit in the plug in the sewer line until such sewage dis-
equity as for the foreclosure of a mortgage under posal fees are paid in full,together with the charge
the property. stated in subsection (a) of this section, shall be
(b) If the fees in subsection (a) of this section 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.
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
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
date shall be a violation of this chapter. In addi-
tion, the city shall have the right to seek enforce-
ment and collection of the overdue fee through
civil proceedings in a court of competent jurisdic-
L tion, including a reasonable attorney's fee and
costs,and any such lien and accrued interest may
be foreclosed or otherwise enforced by the city by
action or suit in equity as for the foreclosure of a
mortgage on real property.
(Code 1981, § 671.11)
Sec. 78-154. Sewer fees where owner has pri-
vate water supply.
(a) If the owner of property has his own private
water supply and such owner becomes more than
ten days delinquent in the payment of his month-
ly sewage disposal fee after billing, the city shall
have the right to plug the sewer line leading to
the owner's plumbing system. The owner shall
have no right to reconnect this line or remove the
plug until sewage disposal fees shall have been
paid in full, together with a charge as set forth in
appendix B to this Code. Such charge shall be
imposed and added to any delinquent bill where
the sewer line has been plugged for nonpayment.
(b) If the owner has his own private water sup-
ply,the city shall require a deposit in the amount
set forth in appendix B to this Code for residential
(Ilikore sewage disposal service and in a sufficient amount
as prescribed by the city from commercial and
Supp. No. 1 CD78:25
J
J
3
BUILDINGS AND BUILDING REGULATIONS §82-32
L
ARTICLE I. IN GENERAL ception of appendices B, I, K and L which are
deleted,is adopted by reference as though it were
Sec. 82-1. Penalty. set out in this article in full.
(Code 1981, § 611.01; Ord. No. 9-92, § 1(611.01),
Any person who shall violate this chapter or 8-18-92; Ord. No. 20-92, § 1, 11-5-92; Ord. No.
who shall fail to comply with this chapter or who 12-93, § 1(611.01), 7-6-93)
shall violate or fail to comply with any order or
regulation made under this chapter or who shall Sec. 82-32. Amendments.
build in violation of any detailed statement or spec-
ifications or plans submitted and approved under The building code adopted in section 82-31 is
this chapter or any certificate or permit issued amended as follows:
under this chapter shall severally for each and
every such violation and noncompliance, respec- (1) Section 101.4.1 is amended to read as fol-
tively, be punished as provided in section 1-15. lows:
(Code 1981, §§ 509.13, 611.07, 612.29, 613.04,
614.03, 615.04, 617.19, 619.04, 620.03, 623.07, 101.4.1 Building Official Qualifications.The
625.03, 627.03) building official shall have at least ten years
experience or equivalent as an architect,
engineer, inspector, contractor or superin-
Sec. 82-2. Building permit fee schedule. tendent of construction or any combination
The city establishes a building permit and de- of these,five years of which shall have been
velopment fee schedule on all construction in the in responsible charge of work.The building
.The fees shall be as set forth in appendixofficial should be certified as a building of-
city. B to ficial through a recognized certification pro-
this Code. gram.The building official shall be appoint-
ed(Code 1981, § 547.01) or hired by the city manager and shall
Sec. 82-3. Changes to schedule of fees. not be removed from office except for cause
after full opportunity has been given to be
The building permit and development fee sched heard on specific charges before the city
ule established in section 82-2 may be amended manager.
from time to time, as needed, by resolution of the (2) Section 101.4.2 is amended to read as fol-
city council. lows:
(Code 1981, § 547.03) 101.4.2 Chief Inspector Qualifications. The
building official, with the approval of the
Secs. 82-4-82-30. Reserved. city manager, may designate chief inspec-
tors to administer the provisions of the
building, electrical, gas, mechanical and
ARTICLE II. BUILDING CODE* plumbing codes. They shall have at least
ten years' experience or equivalent as an
Sec. 82-31. Adopted. architect, engineer, inspector, contractor or
superintendent of construction or any corn-
The Standard Building Code, 1991 edition,with bination of these, five years of which shall
1992 and 1993 revisions,published by the South- have been in responsible charge of work.
ern Building Code Congress International, Inc., They should be certified through a recog-
including appendices A through M, with the ex- nized certification program for the appro-
priate trade. They shall not be removed
*Cross references—Fire prevention code adopted, § 38- from office except for cause after full oppor-
26; standard fire prevention code adopted, § 38-30; require-
ments for fences, walls and hedges, § 110-470; buildings re- tunity has been given to be heard on spe
quired for commercial uses,§ 110-481;building setback lines, cific charges in accordance with the city
§ 110-536. Code of Ordinances.
Supp.No. 1 CD82:5
§ 82-32 CAPE CANAVERAL CODE
(3) Section 101.4.3 is amended to read as fol- the board and shall make a detailed record
lows: of all of its proceedings,which shall set forth
101.4.3 Inspector Qualifications.The build- the reasons for its decision,the vote of each
ing official, with the approval of the city member, the absence of a member and any
manager,may appoint or hire such number failure of a member to vote.
of officers, inspectors, assistants and other (6) Reserved.
employees as shall be authorized from time (7) Section 3202.4.1 is amended to read as fol-
to time.A person shall not be appointed or lows:
hired as inspector of construction who has
not had at least five years' experience as a 3202.4.1 Nails, clips or familiar fastening
building inspector,engineer,architect or as devices shall be hot-dipped galvanized,
a superintendent, foreman or competent stainless steel, nonferrous metal or other
mechanic in charge of construction.The in- suitable corrosion resistant material.
spector should be certified through a recog- (8) Section 3204.1.2 is amended to read as fol-
nized certification program for the appro- lows:
priate trade. 3204.1.2 Shingle application shall be as
(4) Section 105.1 is amended to read as fol- specified in the manufacturer's published
lows: application instructions. Notwithstanding
105.1 Appointment. There is hereby estab- anything to the contrary contained herein,
lished a board to be called the construction asphalt shingles must be fungus resistant.
board of adjustment and appeals, which (Code 1981, §§ 611.02, 611.03; Ord. No. 9-92, §
shall consist of five members. The board 1(611.02),8-18-92;Ord.No. 12-93,§ 1(611.02),7-6-
shall be appointed by the city council. 93; Ord. No. 42-93, § 1, 11-2-93; Ord. No. 13-94, §
(5) Section 105.2 is amended to read as fol- 1(611.03), 4-5-94)
lows: Sec. 82-33. Standard Existing Building Code
105.2 Membership and Terms. adopted.
105.2.1 Membership. Members of the con- The Standard Existing Building Code, 1988 edi-
struction board of adjustment and appeals tion, published by the Southern Building Code
should be composed of individuals with Congress International, Inc., is adopted by refer-
knowledge and experience in the technical ence as though it were set out in full in this sec-
codes,such as design professionals,contrac- tion.
tors or building industry representatives.A (Ord. No. 19-93, § 1(616.01), 6-15-93)
board member shall not act in a case in
which he has a personal or financial inter- Sec. 82-34. Administrative authority or offi-
est. cial.
105.2.2 Terms. The terms of office of the Whenever the term "administrative authority"
board members shall be two years from the or "official" is used in the building codes adopted
date of appointment. Continued absence of in sections 82-31 and 82-33, it shall be construed
any member from required meetings of the to mean the building official of the city or his au-
board shall, at the discretion of the city thorized representative.
council,render any such member subject to (Code 1981, § 611.05)
immediate removal from office.
105.2.3 Quorum and Voting. A simple ma-
jority of the board shall constitute a quo-
rum.
105.2.4 Secretary of Board.The building of-
ficial or designee shall act as secretary of
Supp.No. 1 CD82:6
VEGETATION § 102-36
ARTICLE I. IN GENERAL Diameter at breast height (dbh) means the di-
ameter of the trunk of a tree or the sum of the
Secs. 102-1-102-25. Reserved. stems of a multistemmed tree, measured 41/2 feet
above natural or development grade.
Dripline means an imaginary vertical plumb line
ARTICLE II. TREE PROTECTION* that extends downward from the tips of the out-
ermost tree branches and intersects the ground.
DIVISION 1. GENERALLY Land clearing means the removal of vegetation
from any site, parcel or lot; provided, however, it
Secs. 102-26-102-35. Reserved. does not include mowing,trimming or pruning,so
as to maintain vegetation in a healthy,viable con-
dition.
DIVISION 2. LAND CLEARINGt
Mangrove means any specimen of the species
Sec. 102-36. Definitions. Avicennia germinans(black mangrove),Laguncu-
laria racemosa (white mangrove) or Rhizophora
The following words, terms and phrases, when mangle (red mangrove).
used in this division, shall have the meanings as-
cribed to them in this section, except where the Native vegetation means plant material indige-
context clearly indicates a different meaning: nous to the city, including all those species listed
in but not limited to those in section 102-44.
Active development order means an action by
Clbre. the city approving a site development plan, final Natural cover means trees,brush,roots and oth-
er plan or subdivision plat or the issu- er byproducts of land clearing activity.
ance of a building permit or the approval of a Recognized knowledgeable person means a per-
conditional use permit for a borrow pit, commer- son recognized by the city as being knowledgeable
tial borrow pit or manmade lake. in the identification and evaluation of vegetative
After-the-fact permit means a permit issued af- resources, such as a forester, biologist, ecologist,
ter a violation has occurred for the primary pur-
horticulturalist,landscape architect,licensed land
pose of correcting the violation or for bringing the scape contractor, certified nursery-
violator into compliance with this division. man or person having similar recognizable skills
and experience.
Agricultural purpose means the bona fide com-
mercial or domestic,agricultural use of a site,par- Tree means a woody or fibrous perennial plant
cel or lot which has been classified as green belt, with one or more upright limbs with a minimum
pursuant to F.S.ch. 194,or the use of a site,parcel dbh of three inches, or a sum of dbh of three inch-
or lot for forestry,groves,pasture,nurseries,field es for multistemmed trees and an average mature
crops,commercial sod production or combinations height of at least ten feet.
of such activities or any other agricultural pur-
suits within the applicable land use classifica Tree removal includes any act which physically
tions or property located within the productive removes the tree or its root system from the earth
agriculture land use classification (PA). or causes a tree to die or changes the natural grade
above or below the root system or around the trunk
Barricade means protection for vegetation to be without special protective measures.
preserved which is erected at the dripline and
clearly visible to heavy equipment operators. Understory means an underlying layer of low
native vegetation usually associated with trees.
*Cross reference—Preservation of trees in all zoning Ldis-
ie tricts, § 110-568. Undesirable species means any of the species
tCross reference—Solid waste,ch. 62. identified in section 102-45.
Supp. No. 1 CD102:3
§ 102-36 CAPE CANAVERAL CODE
J
Vegetation means any plant material,including (3) Name, address and phone number of appli-
but not limited to trees, shrubs, vines, herbs and cant, if other than property owner.
grasses. (4) Date upon which land clearing is to com-
Vegetative communities means a natural asso- mence.
ciation of vegetative plants,including but not lim- (5) A dimensioned sketch plan showing the lo-
ited to both trees and understory. cation of all existing and proposed struc-
tures,driveways,onsite sewage disposal fa-
Viable means having the capacity to live and cilities, water bodies, existing trees and
develop. vegetative communities identified by spe-
(Code 1981, §657.01;Ord.No. 28-94, §3, 7-19-94) cies and size or other information as re-
Cross reference—Definitions and rules of construction gen- quired by the city.
erally, § 1-2.
(b) Development order. If a permit is required,
Sec. 102-37. Civil penalties. no land clearing shall take place and no survey or
land clearing permit shall be issued prior to the
Penalties for violations of this division shall be issuance of an applicable development order for
as specified in F.S. ch. 162 or those listed in this the property.
section. No after-the-fact permits shall be issued (c) Survey permit. A survey permit is required
by the city to correct violations of this division. for clearing for surveys and soil or engineering
Fines for illegal land clearing shall be$250.00 per testing according to the following:
100 square feet cleared. This includes failure to
erect proper barricades. If protected trees are il- (1) Prior to any land clearing for surveying
legally removed from the site,the fine shall be up greater than five feet in width or soil or
to $250.00 per inch of diameter at breast height engineering testing greater than eight feet
per tree, in addition to the penalty of$250.00 per in width with a reasonable turnaround,the
100 square feet cleared. owner of the property proposed to be cleared
(Code 1981, § 657.13) or his authorized agent shall submit an ap-
plication for the proposed land clearing ac-
Sec. 102-38. Criminal penalties. tivity to the building official, on such form
as provided by the city. The survey permit
In addition to the penalties in section 102-37, shall expire after 30 days from the date of
each violation of this division shall, upon convic- issuance. The building official may grant
tion, be punished as provided in section 1-15. an administrative waiver for an additional
(Code 1981, § 657.15) 30 days for hardship, including adverse
weather, size of property and inability to
Sec. 102-39. Permits. obtain permits from other agencies.
(a) Notice. Unless specifically exempted in this (2) When a written survey permit has been is-
sued, the applicant shall post the survey
division, it shall be unlawful for any person to permit on the affected property in such a
engage in land clearing of any site, parcel or lot manner as to be visible from an abutting
within the incorporated area of the city,without a road right-of-way. The survey permit shall
permit and prior written notification to the build remain posted on the affected property dur-
ing official, pursuant to the following conditions, ing all applicable land clearing activity. It
and supplying the city the following information, is the responsibility of the applicant to
at a minimum, on a form to be provided by the maintain the survey permit form in a clear-
city: ly visible manner at all times.
(1) Legal description of the property,including (3) Prior to any land clearing, all trees to be
street address. protected shall be marked at the dripline
(2) Name, address and phone number of prop- by the erection of barriers clearly visible to
erty owner. heavy equipment operators.
Supp. No. 1 CD102:4
VEGETATION § 102-40
L
(d) Land clearing permit. A land clearing per- on a plot plan of the property,with ap-
mit shall be required for clearing where an active proximate location of all structures,on-
development order is being sought according to site disposal systems, driveways and
the following: water bodies shown.The plot plan shall
(1) The issuance of a land clearing permit shall depict the location, species and dbh of
be required prior to land clearing after the all trees to be counted toward the land
applicant has obtained an approved site scape point requirement. For those
plan, subdivision approval or building per- sites of five acres or greater in size, a
mit, whichever is applicable, according to recent aerial photograph,including but
the following: not limited to county REDI book pho-
tographs or county tax appraiser's blue
a. If one or more trees three inches dbh or line maps, may be required.
greater, excluding undesirable species,
are to be removed from the property. b. Subdivisions, multifamily, commercial
and industrial. The owner or applicant
b. If 50 percent or greater or more than of a subdivision or multifamily, corn-
one acre,whichever area is less, of the mercial or industrial project shall pro-
existing vegetation is to be removed vide a survey of trees and vegetative
from the property, excluding undesir- communities as identified by aerial
able species. maps or soil survey maps and a soil
(2) A land clearing permit shall expire 90 days map, at a minimum. For those sites of
from the date of issuance for single-family five acres or greater in size, a recent
projects and 180 days for subdivisions, aerial photograph shall be provided.
Lirof multi-family, commercial and industrial (Code 1981, §657.03; Ord.No. 28-94, §4, 7-19-94)
projects. Two extensions of 30 days each
may be authorized by the building official, Sec. 102-40. Permit exemptions.
provided appropriate justification warrants,
such as unusual weather, seasonal situa- Under this division, no survey permit or land
tions or inability to obtain permits from oth- clearing permit shall be required in the following
er agencies. situations:
(3) When a written land clearing permit has (1) The emergency removal of a dead or seri-
been issued, the applicant shall post the ously damaged tree, which adversely af-
land clearing permit on the affected prop- fects the health, safety and welfare of the
erty in such a manner as to be visible from property owner or the general public.
an abutting road right-of-way. The land
clearing permit shall remain posted on the (2) If the proposed land clearing activity is reg-
affected property during all applicable land ulated by a state or federal agency, which
clearing activity. It is the responsibility of regulations may supersede those of the city.
the applicant to maintain the land clearing (3) If the removal of vegetation has been or-
permit in a clearly visible manner at all dered by the city pursuant to other sections
times. of this Code and the removal conflicts with
(4) Prior to the issuance of a development or- the requirements or intent of this division,
der, the applicant shall provide a tree and the city manager, or his designee, shall ne-
vegetative communities survey to the build- gotiate a resolution of the conflict.
ing official as follows: (4) Land clearing activities on single-family res-
a. Single-family residential. The proper- idential lots of one acre or less in size, one
ty owner of a single-family lot shall pro- year after the issuance of a certificate of
vide a tree and vegetative communi-
ties occupancy for the single-family residence
survey,which may be hand drawn, built upon such single-family residential lot.
Supp.No. 1 CD102:5
§ 102-40 CAPE CANAVERAL CODE
3
(5) The harvesting of trees for a bona fide corn- b. Where the trunk of a protected tree is
mercial use,when done in accordance with located closer than five feet to the foun-
silviculture best management practices. dation of the proposed structure,and it
(6) A site, parcel or lot that is defined as hav- is not feasible to relocate the structure.
ing an agricultural or silvicultural purpose c. Where the trunk of a protected tree is
under this division and the proposed land located closer than ten feet from the
clearing is to be made in conjunction with foundation of the proposed structure
those agricultural purposes or activities and and the tree is considered having an
an active development order is not being aggressive root system or the natural
sought. mature height is greater than 30 feet
(Code 1981, § 657.07) and it is not feasible to relocate the
structure.
Sec. 102-41. Protection of trees and vegeta- d. Where the location of the tree prevents
tive buffers. the direct access to the property from a
(a) publicly dedicated and maintained
Development size thresholds.
roadway or where the tree constitutes
(1) All single-family, multi-family, subdivision a hazard to pedestrian or vehicular traf-
or nonresidential development, regardless fic which cannot be mitigated without
of the size of the lot or parcel of land being removing the tree. Removal of the tree
developed, shall be subject to this division. pursuant to this criterion shall be ex-
(2) All trees preserved on-site shall receive empt from the replacement criteria in
landscape credit as provided for by section
subsection (d) of this section.
110-566 et seq. pertaining to landscaping. e. Where the location of the tree prevents
the construction of utility lines, drain-
(b) Preservation thresholds. age facilities, roadways or required
(1) Protected trees. Any tree, with the excep- parking areas which cannot be practi-
tion of the undesirable species listed in sec- cally relocated or rerouted or where the
tion 102-45, having a diameter (dbh) of trees cannot be utilized as part of these
three inches or greater shall be protected. systems.
(2) Vegetative buffer areas. Where a vegetative f. Where the tree is weakened by age,
buffer is required by section 110-566 et seq. storm,fire or other injury so as to pose
pertaining to landscaping,any natural veg- a danger to persons, property, site im-
etation within the required buffer area pur- provements or other trees. Removal of
suant to section 102-44, with the exception a protected tree pursuant to this crite-
of the undesirable species listed in section rion shall be exempt from the replace-
102-45, shall be preserved. This shall in- ment criteria in subsection (d) of this
elude preservation of the understory. section.
(c) Removal criteria. g. The tree reduces the visibility of a non-
residential development more than 50
(1) A protected tree, as specified in subsection percent of the lineal footage of the lot
(b)of this section,may only be approved for along the roadway to which the project
removal if one or more of the following cri- has primary frontage.
teria are met: (2) There shall be no clearing, except hand
a. Where site design modifications,as de- clearing,within the dripline of any protect-
termined by a preclearing inspection, ed tree or other trees selected to be pre-
are not feasible to allow the use per- served for landscaping credit.Where no na-
mitted, as determined by the specific tive vegetation exists within the dripline,
zoning of the property. pervious paving, bricking or any other ma-
Supp. No. 1 CD102:6
VEGETATION § 102-43
L
terial which does not restrict the health and (2) Inspection prior to certificate of occupancy
growth of a protected or preserved tree may or certificate of completion. Prior to issu-
be utilized. ance of a certificate of occupancy or certif-
(3) The natural grade may not be altered with- icate of completion, a site inspection will be
in the projected dripline of the tree, except conducted to ensure that no unauthorized
in accordance with the state division of for- clearing has taken place and to ensure that
estry tree protection manual, pages 14— all protected trees and vegetation identi-
18,or comparable accepted protective mea- fled for preservation are in place and have
sures. been maintained in a viable condition.
(d) Replacement criteria. Where the removal of (3) Followup inspection. A final site inspection
a protected tree meets any one or more of the may be conducted one year after the issu-
criteria identified in subsection(c)of this section, ance of a certificate of occupancy for single-
the developer may choose one of the following op- family, multiple-family and nonresidential
tions: developments to ensure that no unautho-
rized removal of protected trees and vege-
(1) The developer shall provide one or more tation has occurred.
native trees to replace the removed tree
where the total dbh of the replacements is (4) Reinspection. If trees and vegetation were
equal to 100 percent of the total dbh of the not in place or not in a viable condition at
tree removed, provided that the height the followup inspection,a reinspection may
above soil level is at least ten feet.Replace- be conducted within 90 days to ensure that
ment trees shall have a minimum of a dbh the trees and vegetation were replaced.
of three inches.
Lire (f) Relocation of trees. Where trees are pro-
(2) The developer may relocate or transplant posed to be relocated for preservation purposes, a
the protected tree elsewhere on the same land clearing permit shall be required.
lot or parcel of land or public land or pri- (Code 1981, §657.05;Ord.No.28-94, §5, 7-19-94)
vate land within the city.
(3) On a heavily wooded lot,the developer may Sec. 102-42. Open burning of natural cover.
pay a fee set forth in appendix B to this Open burning of natural cover which is the re-
Code for the tree removed in lieu of replace- suit of land clearing is prohibited.
ment. The fee will be deposited into the (Code 1981, § 657.09)
city's environmental trust fund for the ac-
quisition of environmentally sensitive lands Sec. 102-43. Revegetation.
and revegetation of public lands.
(4) No replacement is necessary if the removal If land clearing activities take place which are
is done pursuant to the criteria in subset- not consistent with this division, seeding and
tion (c)(1)c., d., or f. of this section. mulching of the area shall be required and shall
be completed within 30 days of the date of notifi-
(e) Inspections. cation of violation by the building official.
(1) Predevelopment inspection. Prior to any (Code 1981, § 657.11)
clearing activity or preparation of a site de-
velopment plan or subdivision plat,the area
to be cleared,as shown on the required veg-
etation location survey,shall be staked and
the property will be inspected to ensure the
tree survey is accurate and the measures
described in the application for land clear-
ing permit,including but not limited to tree
barricades, have been taken to protect all
trees and vegetation.
Supp. No. 1 CD102:7
§ 102-44 CAPE CANAVERAL CODE
Sec. 102-44. List of recommended landscaping plants.
(a) The list of trees and plants in this section is intended to provide a guide to the developer and
homeowner in selecting appropriate vegetation for proposed landscaping plans. Native vegetation is
considered ideal for landscaping since these plants have become adapted to the county's particular set of
climatic conditions. If natives are utilized in parallel environments to those ecosystems and in the form
and size context in which they naturally occur, a long-lived and maintenance-free landscape scheme will
result.The list also contains recommended species which are not native to the county but can be utilized
with many of the same benefits as native plants.
(b) The key to codes used in the list is as follows:
(1) Community.
(N) North Brevard County.
(C) Central Brevard County.
(S) South Brevard County.
(B) Barrier Island.
(2) Form and size.
(ST) small tree.Average mature height of at least ten feet and less than 20 feet.
(MT) medium tree.Average mature height of at least 20 feet and no greater than 60 feet.
(LT) large tree.Average mature height over 60 feet.
(P) Palm tree.
(S) Shrub.
(G) Ground cover.
(V)Vine.
(A)Aquatic.
(3) Temperature.
(+) Cold tolerant.
(-) Cold intolerant. Although these species occur in the county, they are at the northern limit of
their range and are suggested only for southern and eastern Brevard County in protected
areas.
NATIVE SPECIES
Cold
Botanical Name Common Name Community Tolerance
(ST) Small Tree
Acacia farnesiana Acacia tree N, C, S +
Ardisia escallonioides Marlberry C, S -
Bumelia tenax Tough buckthorn N, C, S, B +
Capparis cyanophallophora Jamaica caper B -
Capparis flexuosa Limber caper B -
Chrysobalanus icaco Coco plum S, B -
Citharexylum fructicosum Fiddlewood S, B -
Coccoluba uvitera Sea grape S, B -
Supp. No. 1 CD102:8
VEGETATION § 102-44
Lire
Cold
Botanical Name Common Name Community Tolerance
Conocarpus erecta Buttonwood S, B -
Cornus foemina Swamp dogwood N, C, S +
Dodonea viscosa Varnish leaf B -
L
Supp. No. 1 CD102:8.1
J
3
ZONING § 110-551
Loo"
DIVISION 6. VEHICLES AND VESSELS* (2) Regulations. The following regulations shall
apply to boats, utility trailers, recreational
Sec. 110-551. Location of recreational vehi- vehicles or special purpose vehicles:
cies,camping equipment,boats a. In all zoning classifications, no boats,
and boat trailers. utility trailers,recreational vehicles or
(a) Noperson shall occupyspecial purpose vehicles shall park
or reside in any tray-
within the right-of-way line abutting
el trailer,camper trailer,camper(truck mounted),
motor travel home or tent in any location within any street.
the city other than a duly licensed and approved b. In all zoning classifications, no boats,
trailer park, except as provided in this section. utility trailers,recreational vehicles or
(b) (1) Definitions. For the purpose of this sec- special purpose vehicles shall be parked
tion, the following definitions shall apply any closer than three feet from the ex-
unless the context clearly indicates or re- tenor of all buildings, homes or other
quires a different meaning, all of which de structures, including eaves and over
fined terms may be generally referred to as hangs.
"vehicles"in this subsection (b). c. In multifamily developments, boats,
Boatutility trailers,recreational vehicles or
means any contrivance designed to be
special purpose vehicles shall be parked
propelled through or upon the water. in special parking or storage facilities.
For-hire vehicle shall include recreational ve- Special parking in multifamily devel-
hide and special purpose vehicle and have the opments shall consist of at least ten
meaning so set forth in F.S. 320.01, as amend- percent additional parking spaces.This
ed. subparagraph(b)(2)c.shall be effective
for multifamily developments for which
Multifamily development means the real prop- the building permit for initial construc-
erty and single structure in which six or more tion is issued after the effective date of
dwelling units are located,but does not include this subparagraph.
any combination of townhouses. d. All vehicles herein permitted shall have
affixed thereto a currently valid license
Recreational vehicle means any vehicle or por- tag registered to the vehicle, shall be
table structure designed primarily to provide parked or stored with wheels and tires
temporary living quarters for recreation,camp- mounted, and shall be maintained in a
ing, travel or similar use; either mounted on movable condition.
wheels or designed to be mounted upon and car-
ried by another vehicle. This definition is in- e. Except as necessary for repair or main-
tended to include a travel vehicle, motor home, tenance, no boat, utility trailer, recre-
camping trailer,camp bus,house bus and truck ational vehicle or special purpose vehi
camper unit of walk-in capacity. cle or structure designed to be mounted
upon and carried by another vehicle,
Special purpose vehicle means a vehicle espe- shall be used as an accessory building
cially designed primarily for unusual terrain and or connected to any utility or electrical
conditions, and not usually licensed for or used service, except for temporary connec-
on the public roads, including, but not limited tions to battery charging devices.
to, swamp buggies and tracked vehicles. f. The surface of the lot or parcel of land
upon which or above which a boat,util-
Utility trailer means a trailer designed to ity trailer, recreational vehicle or spe
transport materials,goods,equipment or boats. cial purpose vehicle is parked shall be
41116We'
*Cross references—Traffic and vehicles,ch. 74;stopping, paved or shall be maintained in the
standing,parking, §74-56 et seq. same manner as the remainder of the
Supp. No. 1 CD110:67
§ 110-551 CAPE CANAVERAL CODE
J
lot or parcel of land and there shall not used as a residence for a period exceeding 15 days,
be permitted upon such surface a unless certification is given to the building official
growth of weeds, undergrowth or lawn that any discharge from the boat meets applicable
which exceeds the height of the imme- federal regulations.
diately surrounding landscape. (Code 1981, § 641.35)
g. On a corner lot in any district,no boats,
utility trailers,recreational vehicles or Sec. 110-553. Living or residing in boats,
special purpose vehicles shall be parked utility trailers,recreational ve-
or placed in the triangular area bound-
hides and special purpose we-
ed on two sides by the street right-of-
hides.
way lines, and on the third side by a
straight line drawn between two points
on the street right-of-way line located No person or persons shall reside in or occupy
25 feet from the point of the intersec- with the intent of using as shelter any boat, util-
tion of the street right-of-way lines. ity trailer, recreational vehicle, special purpose
h. No for hire vehicle, commercially reg- vehicle or other automotive vehicles, such as an
istered vehicle and no other manner of automobile, truck, bus or the like in the city for a
conveyance not contemplated herein period in excess of 24 hours,with the exception of
shall be parked in any R-1, R-2 or R-3 recreational vehicles in an approved and permit-
zone,nor shall any boat,utility trailer, ted site used for recreational vehicles.
recreational vehicle or special purpose (Code 1981, §641.36;Ord.No.20-94, §2,9-20-94)
vehicle be parked in any R-1, R-2 or
R-3 zone other than as provided here- Sec. 110-554. Parking and storage of certain
in. This section shall not be construed vehicles.
to prohibit parking of automobiles, J
pickup trucks and minivans. (a) Boats,utility trailers,recreational vehicles,
i. Boats, utility trailers, recreational ve- special purpose vehicles, automotive vehicles or
hides and special purpose vehicles, or trailers of any kind or type without current li-
any combination thereof,parked in uni cense plates shall not be stored on any residen-
son or in tandem in excess of 30 feet in tially-zoned property,other than in completely en-
length shall not be allowed to be parked closed buildings.
or stored in the R-1 and R-2 zoning clas- (b) Construction trailers located on a construc-
sifications of the city, unless the boat, tion site may be used as an office or a work or
utility trailer,recreational vehicle,spe- security trailer.Use of these trailers as living guar-
cial purpose vehicle or combination is ters is expressly prohibited. In each case and for
located in a rear yard,side yard or any every trailer,temporary permits shall be required.
setback abutting a street and is fenced The temporary permits shall be limited to 90 days
or screened from view or is located in a with 90-day extensions permitted, subject to the
front yard and under covered parking need thereof as determined by the building offi-
which shall,as a minimum,consist of a cial. No temporary trailer permit shall be issued
carport. prior to issuance of a construction permit.
(c) Except as provided in subsection (b) above, (Code 1981, § 641.37; Ord. No. 24-92, § 1(641.37),
in commercial and industrial zones,all boats,util- 1-5-93; Ord. No. 20-94, § 3, 9-20-94)
ity trailers, recreational vehicles and special pur-
pose vehicles shall be parked in the parking areas Sec. 110-555. Paving of vehicular use areas.
designated in sections 110-491 through 110-493.
(Code 1981, §641.33;Ord.No. 20-94,§ 1,9-20-94)
All commercial and industrial areas used for
Sec. 110-552. Living aboard boats. the display or parking of any and all types of ve-
Any boat moored or parked within 100 feet of hides,boats or heavy construction equipment and
the shoreline within the city limits shall not be all land upon which vehicles traverse the proper-
Supp. No. 1 CD110:68
ZONING § 110-567
‘1111001
ty as a function of the primary use, including but (c) All areas not paved or with other landscap-
not limited to drives,parking, service and display ing,as designated in this section or in section 110-
areas, shall be paved. 567, shall be planted with grass, hardy shrubs,
(Code 1981, § 641.49) evergreen or other ground cover materials,as spec-
ified in section 102-44, having the cold tolerance
Secs. 110-556-110-565. Reserved. designation(+). Otherwise, the owner or develop-
er must provide documentation from a recognized
knowledgeable person, as defined in section 102-
DIVISION 7. LANDSCAPING AND 36,that his choice of vegetation has a good chance
VEGETATION* of thriving or meets state requirements for low
water need (xeriscape).
Sec. 110-566. Landscaping and screening for (d) Where a fence or wall is used to fulfill the
commercial and industrial zon- screening requirements within a vegetative buff-
ing districts. er, it shall be located one foot inside of the prop-
erty line which abuts the residential zoning.When
(a) Whenever the boundary of a commercial or a drainage easement, ditch or water body runs
industrial zoning district abuts a residential zon- along a property line, an administrative waiver
ing district,a visual screen shall be provided with- may be granted by the building official to allow
in the required setbacks of such commercial or the masonry wall or fence to be placed along the
industrial zoning district. edge of the ditch or water body, instead of on the
(b) Such visual screen shall: property line. Where existing trees exist within
(1) Be provided along the entire length of the the buffer area, the fence or wall shall be located
commercial or industrial zoning boundary so as to preserve the trees.
which abuts any residential zoning district. (Code 1981, § 641.43; Ord. No. 1-92, § 1, 1-21-92)
(2) Consist of decorative or ornamental off-
ingfenc-
or shrubs designed and placed in a manSec. 110-567. Interior landscaping for ner rendering such visual screen density of street parking areas.
at least 80 percent within a period of two (a) Offstreet parking areas in C-1,M-1 and R-3
years after such screen is provided. districts shall have internal and perimeter land-
(3) Be not less than four or more than eight scaping as follows:
feet in height,except as provided in section (1) Parking areas with ten or fewer spaces shall
110-470(a)(2). have at least one ten-point tree for every
(4) Have a minimum of one ten-point tree val- five spaces or fraction thereof planted with-
ue as defined in section 110-567 which shall in the interior of the parking lot.
be planted every 35 feet with at least two (2) Parking areas with 11 or more spaces shall
five-point trees on the minimum 50-foot C-1 have at least one five-point tree for every
lot and three five-point trees on the mini- five spaces or fraction thereof interspersed
mum 75-foot M-1 lot. throughout the parking area. In addition,
(5) Be serviced by a functional underground one ten-point tree shall be placed at the
sprinkler system adequate to maintain such end of each row where internal curbing
landscaping. would be placed,even though internal curb-
(6) Be properly maintained and replaced if for ing may not be required. However, trees
any reason it does not survive. must be protected from vehicular encroach-
ment.
(7) Be protected from vehicular encroachment. (3) Subsections(a)(1)and(2)of this section may
41111001 *Cross references—Environment,ch.34;requirements for be satisfied by cluster plantings, at the dis-
landscape appearance and maintenance, §34-99. cretion of the building official.
Supp. No. 1 CD110:69
CAPE CANAVERAL CODE
V
Code
Description Amount Section
(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 8.01
(2) Mobile home units and individual apartments or condo-
miniums, per unit per month 5.41
(3) Individual commercial business accounts with trash cans,
per unit per month 9.98
(4) Commercial dumpsters used by commercial businesses,
apartment complexes and condominiums,per container-
ized yard per month 24.85
(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 3.55
(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:
Supp. No. 1 CDB:6
APPENDIX B—SCHEDULE OF FEES
L
Code
Description Amount Section
a. 20 cubic yards, per container 135.00
b. 30 cubic yards, per container 160.00
c. 40 cubic yards, per container 185.00
(3) Actual disposal cost shall be added to the pull charge
plus 20 percent.
(4) Container rental:
a. For a container pulled three or more times per month. No charge
b. For containers pulled less than three times,the rent
per month shall not exceed 50.00
(5) Dry runs(responding to customer's request but not being
able to pull container) will be charged the same as the
delivery rate.
(d) Processing charge for each bill each month to cover the cost
of handling and mailing the bills 0.85
Chapter 66. Streets, Sidewalks and Other Public Places
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
LIP0' (b) Wastewater discharge permit:
Supp. No. 1 CDB:7
CAPE CANAVERAL CODE
j
Code
Description Amount Section
(1) Initial application 75.00 78-99
(2) Renewal (annual) 20.00 78-99
(c) Reviewing accidental discharge and construction plans and
specifications 150.00 78-99
(d) Surcharge for abnormal strength wastes (tiered rate sched-
ule):
(1) For each parameter on the first day 100.00 78-111
(2) Progressing upward, each day, by increments of 100.00 78-111
(3) Maximum for each parameter violation, per day 1,000.00 78-111
(e) Impact fees: 78-121
(1) Residential:
a. Each single-family dwelling unit 2,210.04
b. Each residential unit of a multiple-family unit, du-
plex, triplex and/or apartment unit 2,210.04
c. Each condominium unit 2,210.04
d. Each mobile home space 2,210.04
(2) Commercial. The impact assessment fee shall be the
greater of $2,210.04 or the amount calculated for the
uses described below:
a. Barber and beauty shops, per chair 552.51
b. Bowling alleys, per lane 552.51
c. Churches, per seat 16.31
d. Dentist offices, per dentist 1,381.28
e. Doctor offices, per doctor 1,381.28
f. Food service operations:
1. Restaurant, per seat 276.26
2. 24-hour restaurant, per seat 414.39
3. Bar and cocktail lounge, per seat 165.31
4. Drive-in restaurant, per car space 276.26
g. Hospitals, per bed 1,381.28
h. Hotels, motels, per room 828.76
i. Laundry facilities, per washing machine 2,210.04
j. Nursing, rest homes, per person 552.51
Supp. No. 1 CDB:8
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
k. Office building, per worker 110.95
1. Schools, per student 138.13
m. Service stations, per water closet and per urinal1,381.28
n. Shopping centers without food or laundry,per square
foot of floor space 0.54
o. Stores without food service, per square foot of floor
space 0.54
p. Theaters, indoor, per seat 27.18
q. Travel trailer park without water and sewer hook-
up, per space 414.39
r. Travel trailer park with water and sewer hookup,
per space 552.51
(3) Industrial:
a. Impact fees for industrial or other commercial facil-
ities not listed above shall be based upon either the
Ciuse use of the fixture unit count or the number of work-
ers 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
$2,210.04 to determine the applicable impact fee.
2. The impact fee associated with the number of
workers in an office building shall be that listed
under the commercial facilities. The number of
workers shall be multiplied by$110.95 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 $2,210.04.
(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
V
Supp. No. 1 CDB:9
CAPE CANAVERAL CODE
J
Code
Description Amount Section
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 13.92
(2) Multi-family,group 1(more than one bedroom per unit):
a. First unit 13.92
b. Additional units, per unit 10.20
(3) Multi-family, group 2 (one bedroom or less per unit, in-
cluding motels, trailer parks and similar uses):
a. First unit 13.92
b. Additional units, per unit 9.56
(4) Townhouses, per unit 13.92
(5) Public buildings, per unit 23.20
(6) Commercial:
a. Inside city limits, 275 percent of water bill
b. Outside city limits, 344 percent of water bill
(c) Sewer service reinstatement fee after service has been cut
off:
(1) Generally 75.00 78-153
(2) Removing plug on sewer line when owner has own water 78-154
supply 25.00
3
Supp. No. 1 CDB:10
APPENDIX B—SCHEDULE OF FEES
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.
(f) Fence height exemption filing fee 35.00 110-470
(Res. No. 90-22, § 1, 4-18-90; Res. No. 90-35, § 1, 6-19-90; Res. No92-12, § 1, 3-17-92; Res. No. 92-18, §
1,4-21-92;Res. No. 92-19, § 1,4-21-92;Res.No. 92-56, § 1, 10-20-92; Res. No. 93-08, § 1, 5-4-93; Ord.No.
31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23, § 1,
5-3-94; Res. No. 94-94; § 1, 7-19-94)
L
Supp. No. 1 CDB:15
J
J
CODE COMPARATIVE TABLE
LIINe'
Ordinance!
Resolution Section
Number Date Section this Code
App.B, Ch. 110
1(683.37) 80-57
1(683.39) 80-77
1(683.41) 80-77
1(683.43) 80-78
1(683.45-683.57) 80-76
1(683.59) 80-79
1(683.61) 80-80
1(683.63) 80-81
1(683.65) 80-82
1(683.71) 80-85
1(683.73) 80-86
1(683.75) 80-87
1(683.77) 80-88
1(683.79) 80-5
1(685.67) 80-83
1(685.69) 80-84
46-93 1- 4-94 1, 2 10-86
47-93 1- 4-94 1 74-1
48-93 1- 4-94 1 2-181
49-93 1- 4-94 1 110-26
50-93 1- 4-94 1 22-28
51-93 1- 4-94 1 46-26
52-93 1- 4-94 1 58-27
53-93 1- 4-94 1 54-26
1-94 2- 1-94 1 74-58
cifie 2 74-57
3 74-62
2-94 2- 1-94 110-223
3-94 2- 1-94 1 110-87
5-94 2- 1-94 1 110-33
6-94 2- 1-94 1 90-61
8-94 2- 1-94 1 10-62
9-94 2- 1-94 1 6-52
10-94 3- 1-94 1(733.01) 6-26(a)
12-94 4- 5-94 1(626.01) 38-28
2(626.03) 38-29
13-94 4- 5-94 1(611.03) Rpld 82-32(6)
15-94 5- 3-94 Adopt.ord.,p. ix
94-23 5- 3-94(Res.) 1 App. B, Ch. 78
18-94 6- 7-94 1 Added 38-2
19-94 6-21-94 1 Added 38-90, 38-91,
38-93
94-24 7-19-94(Res.) 1, 2 App.B, Ch. 62
20-94 9-20-94 1 110-551(b), (c)
2 110-553
3 110-554(a)
21-94 7-19-94 1 Added 38-3
22-94 9- 6-94 1 Added 38-4
2 Added 38-5
3 Added 38-6
4 Added 38-7
23-94 7-19-94 1 Rpld 2-246-2-288
Added 2-256-2-259
24-94 7-19-94 1 Added 78-151(c),(d), (e)
25-94 7-28-94 1 Rpld 70-66-70-88
Added 70-66-70-89
28-94 7-19-94 1 110-567(a)(6)
2 34-122
(1111111011? 3 102-36
Supp. No. 1 CCT:13
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
4 102-39(d)(1)a.,b.
5 102-41(b)(1),(d)(1)
31-94 8- 2-94 1 58-56
35-94 9-20-94 1 78-152(a)
36-94 9-20-94 1 Added 16-60, 16-61,
16-63-16-68
3
Supp.No. 1 CCT:14
Lie
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
Lle 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(1Xd) 82-94 90-192
82-81 ch. 171 Char.Art.XXIII
161.142 Ch. 14,Art.III ch. 177 Ch.98
161.161 Ch. 14,Art.III 98-1
161.163 Ch. 14,Art.III 110-423
ch. 162 Ch.2,Art.VI 177.25 et seq. 110-222
2-256 ch. 192 et seq. Char.Art.IX,Char.
2-258 Art.X
94-5 Char.Art.XVIII,
102-37 Char.Art.XIX
162.05 2-257 Ch. 70
162.09(3) 78-60 ch. 194 102-36
163.3161 et seq. 58-35 ch.200 Char.Art.XVII,§§
163.3161-163.3211 58-57 3-6
163.3174 58-56 203.012 70-26
163.3178 82-93 ch. 205 Ch. 70,Art. III
163.3220 86-2 70-83
ch. 166 Char.Art.I, §3 205.043(2),(3) 70-81
Char.Art.II 205.053 70-75
Char.Art.II, § 1 205.053(1) 70-74
Char.Art.XIII, §§ 1,2 70-76
Char.Art.XIII,§§4-6 205.053(2) 70-75
Char.Art.XV, §2 205.053(3) 70-75
Char.Art.XVI,§ 1 215.85 2-206
Char.Art.XVII, § 1 ch. 218 Char.Art.XVIII
Char.Art.XVII,§§3-6 218.32 Char.Art.XVII,§9
Lee
Supp. No. 1 SLT:1
CAPE CANAVERAL CODE
,....)
F.S. Section F.S. Section
Section this Code Section this Code
218.33 Char.Art.XVII,§ 1 658.98 2-206
232.03 10-139 ch.705 34-180
ch.233 10-86 705.101 et seq. Ch.34,Art.VI
ch.252 Ch. 18 ch. 718 110-404
ch.280 Char.Art.XVII, §8 768.28 Char.Art.XXIV,
ch.286 Ch.2,Art.II,Div.3 § 11,
286.011 Char.Art.V,§ 1 Char.Art.XXIV,
ch.316 74-1 § 12
316.194 74-56 775.082 Ch.50
316.195 34-34 50-1
316.293 Ch.34,Art.V 775.083 Ch.50
316.650 Char.Art.XIII,§6 50-1
316.1936 Ch.6,Art.III,Div.2 790.15 50-1
316.1945 74-56 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.633 Ch. 38
633.022 Ch. 38,Art.II
633.025 Ch. 38,Art.II
Supp.No. 1 SLT:2
CODE INDEX
Section
Section
A ADULT BOOKSTORES.See:ADULT ENTER-
ABANDONED PROPERTY TAINMENT
Additional remedies 34-179 ADULT DANCING ESTABLISHMENTS.See:
Code enforcement board hearing procedures ADULT ENTERTAINMENT
Conduct 34-183(b)
Issuance,filing of board order 34-183(d) ADULT ENTERTAINMENT
Setting date;notice 34-183(a) Administrative agencies
Compliance with notice or order to remove; Authority of 10-92
removal by city upon noncompliance.. 34-184 Adult bookstore 10-174
Definitions 34-176 Adult dancing establishments 10-177
Disposition of property removed by city... 34-186 Adult motion picture theaters 10-176
Entry upon private property authorized... 34-177 Advertising 10-167
Liability of owner for towing, storage ex- Alcoholic beverages
penses;collection of lien on private prop- Establishments
erty 34-188 Nudity on premises where alcohol
Notice to abate served,consumed or stored 6-27
Contents 34-182(b) Unlawful activities where sold or dis-
Insurance 34-182(a) pensed 10-101
Notification of owner following removal by Appeals 10-99
city Authority 10-87
Contents of notice 34-185(c) City council
Documentation filed with state 34-185(e) Powers of 10-93
Notice by publication 34-185(d) City manager
Notice to owner 34-185(a) Responsibilities 10-91
LState,other official agencies,notice to... 34-185(b) Commercial establishment
Penalty 34-178 Unlawful activities as 10-100
Property abandoned or lost on public prop- Definitions 10-86
erty 34-180 Distance and dispersal requirements 10-166
Redemption prior to sale by city 34487 Evidence of violation 10-98
Signs and hazardous signs 94-62 Exhibit or display of certain anatomical ar-
Storing,parking or leaving on private prop eas by employees or patrons prohibited 10-172
erty 34-181 Federal,state and local requirements,com-
ACCESS pliance with 10-163
Fees schedule in general. See: FEES (Ap-
Costal construction code,
public access.... 82-93 pendix B)
Franchise regulations in general. See: Findings of fact 10-90
FRANCHISES(Appendix A) Food or other beverages
Land development code regulations re zon-
Unlawful activities where sold or dis-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE pensed 10-101
Glass areas facing public thoroughfares,cov-
ACCESSORY STRUCTURES ering 10-164
Land development code regulations re zon- Immunity from prosecution 10-94
Land development code regulations re zon-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
ACCIDENTS License for establishment
Vehicles for hire Appeal 10-117(d)
Report of accidents 80-88 Application 10-114
Approval on issuance 10-117(a)
ACTIONS.See:SUITS,ACTIONS AND OTH- Changing name of business 10-123(b)
ER PROCEEDINGS Classification 10-111(b)
Commercial establishments advertising
ADDRESSES adult entertainment,required of10-112
Adult entertainment Disapproval and denial 10-117(b)
Change of address re permit 10-149 Display;mutilation prohibited 10-120
LIIIIIe Numbering of buildings and property 82-366 et seq. Disqualification
See:LAND DEVELOPMENT CODE Noncompliance of premises 10-119(a)
Supp.No. 1 CDi:1
CAPE CANAVERAL CODE
Section Section NuiI)
ADULT ENTERTAINMENT—Cont'd. ADULT ENTERTAINMENT—Cont'd.
Prohibited by law or court order 10-119(b) Restrooms 10-165(c)
Fee Water supply 10-165(a)
Application fee 10-114(b) Scope of provisions 10-88
Levied 10-115(a) Straddle dancing 10-173
License fees as regulatory fees 10-115(b) Unlicensed premises
Generally 10-111(a) Operation of unlawful 10-161
Information and documents re applica- Violations or illegal acts, permitting 10-162
tion,required 10-114(a)
Investigation 10-116 ADULT MOTION PICTURE THEATERS.See:
Limitation on licenses and licensed prem- ADULT ENTERTAINMENT
ises 10-118 ADVERTISING
More than one classification at single lo- Adult entertainment establishments 10-167
cation prohibited 10-113 Loudspeakers,sound amplifiers,etc.,use for
New location, licensee moving to 10-123(a) Noises, enumeration of prohibited 34-153(3)
Records and reports; consent by licensee 10-125 Signs
Renewal 10-121(b) Land development code regulations 94-1 et seq.
Required 10-111
Revocation 10-117(c) See:LAND DEVELOPMENT CODE
Statement of classification on application; AFFIRMATION.See:OATH,AFFIRMATION,
separate license for each location 10-111(c) SWEAR OR SWORN
Suspension
Fine or suspension 10-124(c) AGENCIES OF CITY.See:DEPARTMENTS
Other violations 10-124(b) AND OTHER AGENCIES OF CITY
Violations of health,building,zoning or AGENDA
fire provisions 10-124(a) City council 2-60
Term 10-121(a)
Transferability 10-122 AGREEMENTS. See: CONTRACTS AND
Massage establishments 10-175 AGREEMENTS
Minorsj
Admission of 10-169 AIRCRAFT
Sale to 10-170 Litter dropping from aircraft 34-35
Obscenity 10-168 ALARM SYSTEMS
Penalties 10-95 Definitions 30-26
Permit for employees Duty of owner or lessee of system or prem-
Appeal 10-147 ises 30-29
Application;fee 10-139 Equipment maintenance 30-30
Change of address,name or place of em- Fees schedule in general. See: FEES (Ap-
ployment 10-149 pendix B)
Expiration and renewal 10-143 Intent 30-27
Investigation by county health depart- Penalties 30-28
ment 10-140 Permit
Issuance;contents 10-142 Application 30-47
Lost permits,replacement of 10-148 Issuance 30-49
Possession of permit required 10-144 Required 30-46
Qualifications 10-138 Term; fee;transferability 30-48
Required 10-136 Response to alarms, corrective actions, re-
Revocation 10-145 ports required and fees charged 30-31
Suspension Telephone alarm devices 30-32
Periods of suspension 10-146(b)
Procedure 10-146(a) ALCOHOLIC BEVERAGES
Surrender of permit required 10-146(c) Adult entertainment
Temporary permit 10-141 Establishments,operation of
Violations 10-137 Hours of operation 6-26
Presumptions of violations 10-96 Nudity on premises where served,con-
Prohibited activities 10-171 sumed or stored 6-27
Purpose of provisions 10-89 Unlawful activities where alcoholic bev-
Restroom use erages sold or dispensed 10-101
Exception for 10-97 Land development code regulations re zon-
Sanitary facilities ing 110-26 et seq.
Plumbing 10-165(b) See: LAND DEVELOPMENT CODE
Supp. No. 1 CDi:2
i.
Le' CODE INDEX
Section Section
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
ANNUAL BUDGET. See: BUDGET
Policy and intents fi.67
Open containers APPROPRIATIONS
Prohibited in motor vehicles 6-68 Certain ordinances not affected by Code... 1-10(a)(6)
Parking areas
Possession and consumption 6-51 ARCHITECTURE
Parks and recreation areas Beautification board generally 2-181 et seq.
Possession and consumption 6.52 See: BEAUTIFICATION BOARD
Penalty 6"1 ASSOCIATIONS
Streets, alleys, sidewalks and parking ar-
eas,possession and consumption in6-51 Persons; definitions and rules of construc-
tion extended and applied to 1-2
Vehicles for hire 80-87
ALLEYS.See:STREETS,SIDEWALKS AND ATOMIC ENERGY USES
OTHER PUBLIC WAYS Land development code regulations re zon-
ing 110-26 et seq.
AMUSEMENTS AND AMUSEMENT PLAC- See: LAND DEVELOPMENT CODE
ES
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. AUTOMOBILES. See: MOTOR VEHICLES
See:OUTDOOR ENTERTAINMENT AND TRAFFIC
(titivire 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 OTH-
Sanctuary ER 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.
LIMie Franchise regulations in general. See: See: PROPERTY MAINTENANCE
FRANCHISES(Appendix A) STANDARDS
Supp.No. 1 CDi:3
CAPE CANAVERAL CODE
Section Section
BEER.See:ALCOHOLIC BEVERAGES BONDS, SURETY OR PERFORMANCE—
Cont'd.
BEES AND BEEHIVES.See:ANIMALS AND Outdoor entertainment permit
FOWL Cash cleanup bond 10-64
BIDS AND BIDDING Purchasing regulations 2-218(9)
Signs
Bidders
City bidders list 2-218(2) Land development code regulations 94-1 et seq.
Purchasing generally 2-216 et seq. See:LAND DEVELOPMENT CODE
See:PURCHASES AND PURCHASING Threshold buildings,special inspector bond 82-243
BOOKS
BILLBOARD. See: SIGNS AND BILL- Library 46-1 et seq.
BOARDS See:LIBRARY
BIRDS. See:ANIMALS AND FOWL BOTTLED GAS
Public service tax 70-26 et seq.
BLIGHT See:TAXATION
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE BOUNDARIES
STANDARDS Corporate limits
Definitions and rules of construction.... 1-2
BLOCKS Franchise regulations in general. See:
Subdivisions FRANCHISES(Appendix A)
Land development code regulations 98-1 et seq. Land development code regulations re zon-
See:LAND DEVELOPMENT CODE ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
BOARD OF ADJUSTMENT
Land development code regulations re zon- BREVARD COUNTY. See: COUNTY
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE BRIDGES
Subdivisions
BOARDS, COMMITTEES AND COMMIS- Land development code regulations 98-1 et seq.
J
SIONS See:LAND DEVELOPMENT CODE
Beautification board 2-181 et seq. BRUSH.See:WEEDS AND DEAD VEGETA-
See:BEAUTIFICATION BOARD TION
Code enforcement board 2-256 et seq.
See:CODE ENFORCEMENT BOARD BUDGET
Community development board 22-26 et seq. City manager
See: COMMUNITY DEVELOPMENT Powers and duties 2-101(4)
BOARD City treasurer
Definitions and rules of construction 1-2 Duties 2-141(2)
Delegation of authority
Definitions and rules of construction.... 1-2 BUFFERS AND BUFFERING
Joint authority Flood damage prevention 90-26 et seq.
Definitions and rules of construction.... 1-2 See:LAND DEVELOPMENT CODE
Library board 46-26 et seq. Tree protection, land clearing 102-36 et seq.
See:LIBRARY See: LAND DEVELOPMENT CODE
Planning and zoning board 58-26 et seq. BUILDINGS
See:PLANNING AND ZONING BOARD Beautification board 2-181 et seq.
Recreation board 54-26 et seq. See: BEAUTIFICATION BOARD
See:PARKS AND RECREATION Building appearance and maintenance.... 34-98
BODIES OF WATER.See:WATERWAYS AND Building code
WATERCOURSES Solar energy standards,compliance with 82-223
Building sewers and connections 78-76 et seq.
BODIES POLITIC AND CORPORATE See: SEWERS AND SEWAGE DISPOS-
Persons; definitions and rules of construc- AL
tion extended and applied to 1-2 Coastal construction code 82-81 et seq.
See:LAND DEVELOPMENT CODE
BONDS,SURETY OR PERFORMANCE Commercial development board
Certain ordinances not affected by Code... 1-10(a)(2) Generally 22-26 et seq.
Franchise regulations generally.See:FRAN- See:COMMERCIAL DEVELOPMENT
CHISES(Appendix A) BOARD
Supp. No. 1 CDi:4
V.
(4111111101 CODE INDEX
Section Section
BUILDINGS—Cont'd. BULKHEADS
Concurrency management 86-1 et seq. Subdivisions
See:LAND DEVELOPMENT CODE Land development code regulations 98-1 et seq.
Construction noise 34-154 See:LAND DEVELOPMENT CODE
Electrical code 82-116 et seq.
See:LAND DEVELOPMENT CODE BURGLAR ALARMS.See:ALARM SYSTEMS
Excavation and grading code 82-296 BURNING
Fees schedule in general. See: FEES (Ap- Solid waste 62-11(b)
pendix B)
Flood damage prevention 90-26 et seq. BURYING/BURIAL
See:LAND DEVELOPMENT CODE Solid waste 62-11(c)
Franchise regulations generally.See:FRAN- Trash,rubble or other debris 34-41
CHISES(Appendix A)
Gas code 82-171 et seq. BUSINESSES
See:LAND DEVELOPMENT CODE Occupational license tax 70-66 et seq.
Housing code 82-271 et seq. See:TAXATION
See:LAND DEVELOPMENT CODE Solicitors,peddlers and itinerant vendors . 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
Impact fees 2-231 et seq.
See:IMPACT FEES SOLICITORS
Land development code regulations re zon- Solid waste 62-1 et seq.
ing 110-26 et seq.
See: SOLID WASTE
See:LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq. C
See:PLANNING AND DEVELOPMENT
Mechanical code 82-196,82-197 CABLE COMMUNICATIONS
Old building sewers 78-80 Franchise regulation generally.See:FRAN-
Permits and miscellaneous fees CRISES(Appendix A)
LI Fees schedule in general.See:FEES(Ap-
pendix B) Occupational license tax 70-66 et seq.
Plan checking fee See:TAXATION
Fees schedule in general.See:FEES(Ap-
pendix B) CANALS
Plumbing code 82-146 et seq. Subdivisions
See:LAND DEVELOPMENT CODE Land development code regulations 98-1 et seq.
Public service tax 70-26 et seq. See:LAND DEVELOPMENT CODE
See:TAXATION CANVASSERS.See:PEDDLERS,CANVASS-
Sanitary sewer system 78-26 et seq. ERS AND SOLICITORS
See: SEWERS AND SEWAGE DISPOS-
AL CAPE CANAVERAL.See: CITY
Solar energy standards 82-221 et seq.
See:LAND DEVELOPMENT CODE CAPITAL EXPANSION PLANS
Standard Existing Building Code adopted. 82-33 Impact fee 2-237
Street excavations 66-61 et seq. CAPITAL EXPANSION TRUST FUND
See:STREETS,SIDEWALKS AND OTH- Impact fees 2-236
ER PUBLIC WAYS
Swimming pool code 82-246,247 CARS.See:MOTOR VEHICLES AND TRAF-
Threshold buildings 82-321 et seq. FIC
See:LAND DEVELOPMENT CODE
Unsafe Building Abatement Code CAUSES
Administration authority or official 82-57 Effect of repeal of ordinances 1-9(b)
Adopted 82-56
Amendments 82_58 CEMETERIES
Weeds and dead vegetation 34-121 et seq. Parks and recreation areas 54-1 et seq.
See:WEEDS AND DEAD VEGETATION See:PARKS AND RECREATION
CERTIFICATES OF OCCUPANCY
Land development code regulations re zon-
BULK CONTAINERS ing 110-26 et seq.
Solid waste 62-1 et seq. See: LAND DEVELOPMENT CODE
See:SOLID WASTE Sewer impact fee requirements 78-125, 78-126
Supp.No. 1 CDi:5
CAPE CANAVERAL CODE
Section
Section 3
CHARTER CITY COUNCIL--Cont'd.
Definitions and rules of construction 1-2 City attorney to attend 2-127
Consideration of matters before council 2-66
CITY General discussion 2-68
Abandoned property Minutes 2-65
Compliance with notice or order to re- Ordinances and resolutions
move;removal by city upon 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: Special meetings 2-57
FRANCHISES(Appendix A) Uncontested elections 2-27
Library board Workshop meetings 2-58
Liability of city limited 46-31
Litter CITY ENGINEER
Waiver of rights by property owner; re- Duties 2-151
moval at city's costs 34-69
Solid waste CITY MANAGER
Authority of city to collect 62-3 Civil emergencies
Ownership by city 62-4 Persons authorized to declare 18-2
Street excavations Deputy city manager 2-102
Authority of city 66-64 Powers and duties 2-101
City's right to restore surface 66-69 CITY TREASURER
Liability of city 66-62 Duties 2-141
CITY ATTORNEY Fees schedule in general. See: FEES (Ap-
Council pendix B)
Attendance at meetings 2-127 CIVIL EMERGENCIES
Duties 2-126 Definitions 18-2
CITY CLERK Persons authorized to declare emergency18-2
Duties 2-116 Powers when emergency exists 18-3
CITY COUNCIL CLERK.See:CITY CLERK
Adult entertainment
Powers of re 10-93 CLUBS
Areas of interest or councilmembers' 2-28 Persons; definitions and rules of construc-
City attorney tion extended and applied to 1-2
Duties 2-126 COASTAL CONSTRUCTION CODE
City manager Land development code regulations re zon-
Powers and duties 2-101(2) ing 110-26 et seq.
Compensation See:LAND DEVELOPMENT CODE
Established for councilmembers other
than mayor 2-41 CODE ENFORCEMENT
Mayor,established for 2-42 Abandoned vehicles
Definitions and rules of construction 1-2 Code enforcement board hearing proce-
Election 2-26 dure 34-183
Library board Code enforcement board
Reports to 46-32 Created 2-256
Mayor Membership 2-257
Compensation established for 2-42 Powers and duties 2-258
Meetings Responsibilities 2-258
Adjournment 2-69 Violations and penalties
Adoption of motion 2-67 Prosecution of violations with no trim-
Call to order;quorum;roll call 2-64 inal penalty 2-259
,....)
Supp.No. 1 CDi:6
CODE INDEX
‘111111110e
Section Section
CODE OF ORDINANCES* COMMUNITY DEVELOPMENT—Cont'd.
Altering Code 1-13 Vacancies 22-30
Amendments to Code 1-11 Land development code regulations re zon-
Catchlines of sections 1-3 ing 110-26 et seq.
Certain ordinances not affected by Code... 1-10 See: LAND DEVELOPMENT CODE
Chapters or sections, references to 1-5
Code does not affect prior offenses, rights, COMPETITIVE BIDS
etc. 1-8 Purchasing 2-216 et seq.
Definitions and rules of construction 1-2 See: PURCHASES AND PURCHASING
Effect of repeal of ordinances 1-9 CONCURRENCY MANAGEMENT SYSTEM
General penalty 1-15 Fees schedule in general. See: FEES (Ap-
History notes 1-4 pendix B)
How Code designated and cited 1-1 Land development code regulations 86-1 et seq.
Provisions considered as continuation of ex- See: LAND DEVELOPMENT CODE
isting ordinances 1-7 Planningand zoningboard
References and editor's notes 1-6 58-26 et seq.
Severability of parts of Code 1-14 See:PLANNING AND ZONING BOARD
Supplementation of of Code 1 14 Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DISPOS-
CODES AL
City election code adopted 26-1 CONFLICTS OF INTEREST
Technical codes.See that subject Planning and zoning board 58-29
COLOR DISCRIMINATION CONNECTIONS
Human rights,discrimination prohibited.. 40-28 Sewer connections 78-27 et seq.
COMBUSTIBLES AND INFLAMMABLES See: SEWERS AND SEWAGE DISPOS-
ALFireworks
38-81 et seq.
‘1111010e See:FIREWORKS CONTRACTORS
Occupational license tax
COMMITTEES AND COMMISSIONS. See: Special requirements for contractors.... 70-85
BOARDS, COMMITTEES AND COM-
MISSIONS CONTRACTS AND AGREEMENTS
Certain ordinances not affected by Code... 1-10(a)
COMMUNICATION SERVICES City attorney
Franchise regulations in general. See: Duties 2-126(6)
FRANCHISES(Appendix A) Code does not affect prior contracts estab-
Outdoor entertainment permit requirements 10-62(4) lishing or occurring 1.8
Public service tax Franchise regulations in general. See:
Generally 70-26 et seq. FRANCHISES(Appendix A)
See:TAXATION Purchasing 2-216 et seq.
COMMUNITY DEVELOPMENT See:PURCHASES AND PURCHASING
Board CORPORATE LIMITS
Advisory capacity 22-34 Definitions and rules of construction 1-2
Composition;qualifications 22-28
Definitions 22-26 COUNCIL. See: CITY COUNCIL
Established 22-27
COUNTY
Indebtedness 22-35 Animal control ordinance 14-26 et seq.
Planning and zoning board 58-26 et seq. See:ANIMALS AND FOWL
See: PLANNING AND ZONING Definitions and rules of construction 1-2
BOARD Flood damage prevention 90-26 et seq.
Purpose and duties 22-33 See: LAND DEVELOPMENT CODE
Removal 22-31 Health department
Rules and procedures 22-32 Adult entertainment establishment per-
Term of office 22-29 mit investigation 10-140
*Note—The adoption,amendment,repeal,omissions,effec- COURTS
tive date,explanation of numbering system and other matters Costs for police education and training50-3
pertaining to the use,construction and interpretation of this Land development code regulations re zon-
L Code are contained in the adopting ordinance and preface which ing 110-26
are to be found in the preliminary pages of this volume. See: LAND DEVELOPMENT CODE
Supp.No. 1 CDi:7
CAPE CANAVERAL CODE
Section
Section
CREED DISCRIMINATION DISCRIMINATION
Human rights,discrimination prohibited.. 40-28 Human rights
Discrimination prohibited 40-28
CYCLONES
Civil emergencies 18-1 et seq. DISTRICTS
See:CIVIL EMERGENCIES Land development code regulations re zon-
ing 110-26 et seq.
D See: LAND DEVELOPMENT CODE
DANCING AND DANCEHALLS DRAINS AND DRAINAGE
Adult dancing establishments 10-177 Concurrency management 86-1 et seq.
Straddle dancing 10-73 See: LAND DEVELOPMENT CODE
Alcoholic beverage establishments Flood damage prevention 90-26 et seq.
Nudity on premises 6-27 See:LAND DEVELOPMENT CODE
Outdoor entertainment permit requirements 10-62(1)
DEBRIS Sanitary sewer system 78-26 et seq.
Burial of debris 34-41 See: SEWERS AND SEWAGE DISPOS-
AL
DEDICATIONS Street excavations 66-61 et seq.
Land development code regulations re zon- See:STREETS,SIDEWALKS AND OTH-
ing 110-26 et seq. ER PUBLIC WAYS
See:LAND DEVELOPMENT CODE Subdivisions
Plats or subdivisions Land development code regulations 98-1 et seq.
Certain ordinances not affected by Code. 1-10(a)(12) See:LAND DEVELOPMENT CODE
DEEDS DRUNKS AND DRUNKENNESS
Certain ordinances not affected by Code... 1-10(a)(2) Alcoholic beverages 6-1 et seq.
DELEGATION OF AUTHORITY See:ALCOHOLIC BEVERAGES
Definitions and rules of construction 1-2 DUNES
DENSITY Parking prohibited 74-59 'Nu)
Wetlands protection 106-26 et seq.
Land development code regulations re zon- See:LAND DEVELOPMENT CODE
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
E
DEPARTMENTS AND OTHER AGENCIES
OF CITY EARTHQUAKES
City manager Civil emergencies 18-1 et seq.
Powers and duties 2-101(6) See: CIVIL EMERGENCIES
Definitions and rules of construction 1-2
Delegation of authority EASEMENTS
Definitions and rules of construction 1-2 Subdivisions
Fire department 38-56 et seq. Land development code regulations 98-1 et seq.
See:FIRE PREVENTION See:LAND DEVELOPMENT CODE
Joint authority ELECTIONS
Definitions and rules of construction.... 1-2 Certain ordinances not affected by Code1-10(a)(16)
Local planning agency 58-56 et seq.
Penalties for violations 26-2
See:PLANNING AND DEVELOPMENT
Police department 42-26 Qualifying period
Generally 26-3
DEVELOPMENT DISTRICTS Write-in candidates 26-4
Land development code regulations re zon- State election code adopted 26-1
ing 110-26 et seq. ELECTRICITY
See:LAND DEVELOPMENT CODE Electrical code 82-116 et seq.
DEVELOPMENT.See:PLANNING AND DE- See: LAND DEVELOPMENT CODE
VELOPMENT Fees schedule in general. See: FEES (Ap-
pendix B)
DISCHARGES Franchise regulations in general. See:
Sewers 78-96 et seq. FRANCHISES(Appendix A)
See: SEWERS AND SEWAGE DISPOS- Public service tax 70-26 et seq.
AL See:TAXATION
Supp.No. 1 CDi:8
A
CODE INDEX
Lio,
Section Section
ELECTRICITY—Cont'd. ENVIRONMENT—Cont'd.
Signs Sanitary sewer system 78-26 et seq.
Land development code regulations 94-1 et seq. See: SEWERS AND SEWAGE DISPOS-
See:LAND DEVELOPMENT CODE AL
EMERGENCIES Street excavations 66-61 et seq.
See:STREETS,SIDEWALKS AND OTH-
Civil emergencies 18-1 et seq. ER PUBLIC WAYS
See: CIVIL EMERGENCIES Tree protection, land clearing 102-36 et seq.
Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Weeds and dead vegetation 34-121 et seq.
Franchise regulations in general. See: See:WEEDS AND DEAD VEGETATION
FRANCHISES(Appendix A) Wetlands protection 106-26 et seq.
Purchase 2-221 See: LAND DEVELOPMENT CODE
Sanitary sewer system
Termination of service and emergency 78-58 EXCAVATIONS
Services Building sewers 78-83
Alarm systems 30-26 et seq. Excavation and grading code
See:ALARM SYSTEMS Administrative authority or official 82-297
Fees schedule in general.See:FEES(Ap- Adopted 82-296
pendix B) Fees schedule in general. See: FEES (Ap-
Outdoor entertainment permit require- pendix B)
ments 10-62(4) Sanitary sewer system 78-26 et seq.
Street excavations 66-70 See: SEWERS AND SEWAGE DISPOS-
AL
EMPLOYEES. See: OFFICERS AND EM- Street excavations 66-61 et seq.
PLOYEES See:STREETS,SIDEWALKS AND OTH-
ER PUBLIC WAYS
ENCROACHMENTLipse
Property maintenance standards 34-91 et seq. EXHAUST
See: PROPERTY MAINTENANCE Discharge into open air
STANDARDS Noises, enumeration of prohibited 34-153(6)
ENGINEER.See:CITY ENGINEER EXHIBITIONS
Adult entertainment 10-46 et seq.
ENGINEERS AND ENGINEERING See:ADULT ENTERTAINMENT
Street excavations EXPLOSIONS/EXPLOSIVES
Engineering details 66-66 Civil emergencies 18-1 et seq.
ENGINES See: CIVIL EMERGENCIES
Discharge into open air of exhaust Fireworks 38-81 et seq.
Noises,enumeration of prohibited 34-153(6) See: FIREWORKS
ENTERTAINMENT. See: AMUSEMENTS F
AND AMUSEMENT PLACES
FALSE ALARMS. See:ALARM SYSTEMS
ENVIRONMENT FALSE STATEMENTS
Abandoned property 34-176 et seq. Occupational license tax application 70-73
See:ABANDONED PROPERTY
Land development code regulations re zon- FEDERAL GOVERNMENT
ing 110-26 et seq. Adult entertainment
See:LAND DEVELOPMENT CODE Compliance with federal requirements.. 10-163
Lights 34-206 et seq. Federal utilities commission
See:LIGHTS AND LIGHTING Franchise regulations in general. See:
Litter 34-26 et seq. FRANCHISES(Appendix A)
See:LITTER Franchise regulations in general. See:
Noise 34-151 et seq. FRANCHISES(Appendix A)
See:NOISE Interpret law
Planning and zoning board 58-26 et seq. City attorney
See:PLANNING AND ZONING BOARD Duties 2-126(3)
Property maintenance standards 34-91 et seq. Vehicles for hire
Liire' See: PROPERTY MAINTENANCE Application of provisions to vehicle,oper-
ator regulator by federal government 80-2
Supp. No. 1 CDi:9
AM
CAPE CANAVERAL CODE
Section Section
FEES FINES, FORFEITURES AND OTHER PEN-
Adult entertainment ALTIES
Fees for license of establishment 10-114, 10-115 Certain ordinances not affected by Code... 1-10(a)(1)
Alarm systems Code does not affect prior penalties or for-
Fees charged 30-31 feitures incurred 1-8
Permit fees 30-48 Effect of repeal of ordinances on penalties
Certain ordinances not affected by Code1-10(a)(7) incurred 1-9(b)
Franchise regulations in general. See: Franchise regulations in general. See:
FRANCHISES(Appendix A) FRANCHISES(Appendix A)
Impact fees 2-231 et seq. General penalty 1-15
See: IMPACT FEES Penalties for specific acts,omissions,viola-
Outdoor entertainment permit 10-63 tions, etc. See specific subjects as in-
Sewer fees where owner has private water dexed
supply 78-154 FIRE AND RESCUE IMPACT FEES
Solid waste Fees schedule in general. See: FEES (Ap-
Schedule of fees 62-5
Street excavations permit fee 66-83 pendix B)
Vehicles for hire FIRE DEPARTMENT. See: FIRE PREVEN-
Driver's permit fee 80-55 TION
Fees to be in addition to other taxes and
charges 80-3 FIRE LANES
Designation of 74-62
FENCES, WALLS, HEDGES AND ENCLO- FIRE PREVENTION
SURES Alarm systems generally 30-26 et seq.
Land development code regulations re zon- See:ALARM SYSTEMS
ing 110-26 et seq. Bottled gas
See:LAND DEVELOPMENT CODE Use restrictions;permit required 38-5
Signs Doors to businesses or public halls 38-6
Land development code regulations 94-1 et seq. Fire chief
See:LAND DEVELOPMENT CODE Duties 38-58
Generally 38-56
FINANCES Fire department
Building sewers Compensation 38-56
Cost of installation 78-78 Composition 38-56
Certain ordinances not affected by Code... 1-10(a)(2) Volunteer fire department 38-57
City treasurer Fire inspectors
Duties 2-141(1) Designated as city code inspectors 38-3
Commercial development board 22-26 et seq. Life Safety Code re 38-29
See: COMMERCIAL DEVELOPMENT Fire lanes,designation of 74-62
BOARD Fire prevention codes
Court costs for police education and train- Life Safety Code
ing 50-3 Adopted 38-28
Franchise regulations in general. See: Fire inspector 38-29
FRANCHISES(Appendix A) Lockboxes required 38-32
Impact fees 2-231 et seq. National Fire Prevention Code
See: IMPACT FEES Adopted 38-26
Library board expenditures 46-27 Inspector 38-27
Litter Standard Fire Prevention Code
Waiver of rights by property owner; re- Administrative authority or official 38-31
moval of city's costs 34-69 Adopted 38-30
Outdoor entertainment permit requirements 10-62(5) Fireworks generally 38-81 et seq.
Public service tax 70-26 et seq. See:FIREWORKS
See:TAXATION Flammable materials and liquids
Purchasing 2-216 et seq. Storage and dispensing restrictions 38-4
See: PURCHASES AND PURCHASING Hazardous materials and substances
Quarterly report of income and expendi- Abatement 38-91
tures 2-206 Cleanup 38-91
Sewer impact fees Cost recovery 38-93
Payment 78-122 Definitions 38-90
Use of funds 78-127 Violations and penalties 38-93
Supp.No. 1 CDi:10
LIMPle CODE INDEX
Section Section
FIRE PREVENTION—Cont'd. 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- FOWL. See:ANIMALS AND FOWL
tion Codes
Lockboxes FRANCHISES(APPENDIX A)
(Note—Citations herein refer to articles and
Fire prevention code requirements 38-32
sections contained within Appendix A
Required 38-32
National Fire Prevention Code.See herein: Franchises)
Fire Prevention Codes Cable communications
Outdoor entertainment permit requirements 10-62(4) Acceptance I-14
Assignment of franchise I-20
Safety fees 38-2
Smoke detectors to have battery backup 38_7 Breach clause I-22
Standard Fire Prevention Code.See herein: Charges and services I-10
Fire Prevention Codes Compensation to the city I-11
Compliance with applicable laws and or-
Violations and penalties 38_1
Volunteer fire department 38-57 dinances I-4
Conditions on street occupancy
Approval procedure I-7(a)
FIREWORKS Determination of right to use streetsI-7(j)
Application for permit;fees 38.83 Placement of fixtures I-7(f)
Attending firefighters 38_88 Relocation I-7(e)
Definitions 38-81 Requirements
Insurance 38-86 Restoration I7(d)
I-7(d)
Investigation of applicant; issuance or de- Safety precautions I-7(i)
nial of permit 38.84 Temporary removal of wire for building
(1111111ille Operators 38-85 moving I-7(g)
Public displays authorized 88.82 Tree trimming I-7(h)
Storage of materials 38.87 Use I-7(c)
Conflicting ordinances I-15
Council
FIRMS Procedure after termination I-8(d)
Persons; definitions and rules of construe- 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 I-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 106-26 et seq. Regulated public utilities I-21(b)
See:LAND DEVELOPMENT CODE Proposed channel system I-19
Protective and indemnity provisions I-9
Separability 1-18
FLOODLIGHTS Service availability I-13
Outdoor entertainment permit requirements 10-62(1) Service standards I-5
Spill-over lighting requirements 34-206 et seq. Short title I-1
See:LIGHTS AND LIGHTING Electric
Acceptance by grantee II-2
Amount of payments by grantee to grant-
FLORIDA RAILROAD AND PUBLIC UTILI- or II-6
TIES COMMISSION Competition by grantor II-8
L. Franchise regulations in general. See: Effective date 11-12
FRANCHISES(Appendix A) Forfeiture II-9
Supp. No. 1 CDi:11
CAPE CANAVERAL CODE
Section Section
FRANCHISES(APPENDIX A)—Cont'd. F.S.(Florida Statutes)
Grant II-1 Definitions and rules of construction 1-2
Liability II-4
Location of facilities 11-3 FUEL OIL
Monthly payments 11-7 Public service tax 70-26 et seq.
Rates,rules and regulations II-5 See:TAXATION
Repeal of conflicting ordinances II-11
Validity II-10 G
Gas
Approval of transfer III-23 GARAGE SALES
Commencement of construction III-10 Land development code regulations re zon-
Compensation to city III-13 ing 110-26 et seq.
Consideration II1-4 See:LAND DEVELOPMENT CODE
Construction,manner of III-7
Customers outside city,no liability for pay- GARBAGE AND TRASH.See:SOLID WASTE
ment of revenue from III-22
Definitions III-1 GAS
Deposit of guarantee with city III-21 Franchise regulations in general. See:
Emergency III-17 FRANCHISES(Appendix A)
Extension of mains III-9 Gas code
Federal utilities commission,rules of pre- Administrative authority or official 82-172
vail III-24 Adopted 82-271
Florida Railroad and Public Utilities Com- Amendments 82-173
mission, authority of and rates for Public service tax 70-26 et seq.
first three years III-3 See:TAXATION
Forfeiture,causes for III-14
Franchise,grant of 111-2 GENDER
Gas meters,maintenance and inspection Definitions and rules of construction 1-2
of III-18 GIFTS
Liability insurance III-12
Maps showing location of mains Purchasing procedure 2-226(b)
Filing with city III-15 GLASS CONTAINERS
Pipelines Park and recreation prohibitions 54-1
Manner of laying III-6
Plans and specifications GRADES AND GRADING
Filing with city III-5 Concurrency management 86-1 et seq.
Records,access of city to III-20 See: LAND DEVELOPMENT CODE
Regulations for work under franchise III-16 Excavation and grading code 82-296, 82-297
Right of city to purchase III-8 Flood damage prevention 90-26 et seq.
Rules of company for conduct of business III-19 See: LAND DEVELOPMENT CODE
Schedule of rates Street excavations 66-61 et seq.
Filing with city III-11 See:STREETS,SIDEWALKS AND OTH-
Streets,regulation of by city III-25 ER PUBLIC WAYS
Taxes,right of city to levy and collect III-26 Street grades
Telephone Certain ordinances not affected by Code. 1-10(a)(10)
Acceptance IV-5 Tree protection,land clearing 102-36 et seq.
Fee IV-3 See:LAND DEVELOPMENT CODE
Indemnification IV-4
Permission to construct,maintain and op- GUTTERS
erate telephone service granted IV-1 Litter,sweeping into gutters prohibited... 34-31
Term IV-7
Use of streets IV-6
Work supervised by city;repairs IV-2 H
FRANCHISES(Generally) HANDBILLS
Certain ordinances not affected by Code1-10(a)(4) Litter regulations 34-51 et seq.
Franchise regulations in general. See: See:LITTER
FRANCHISES(Appendix A)
HARASSMENT
FRAUD Solicitors and itinerant merchants
Solicitors,peddlers and itinerant merchants 16-30 Harassment prohibited 16-28
3
Supp.No. 1 CDi:12
‘1111110/ CODE INDEX
Section Section
HAZARDOUS MATERIALS AND SUB- HUMAN RELATIONS—Cont'd.
STANCES Exemption 40-29
Fire prevention regulations re 38-90 et seq. Findings 40-26
See:FIRE PREVENTION Notice 40-30
Solid waste generally 62-1 et seq. Penalty;remedies 40-27
See:SOLID WASTE
Specifically 62-11(d) HURRICANES
HEALTH AND SANITATION Civil emergencies 18-1 et seq.
Abandoned ro rt See: CIVIL EMERGENCIES
P pe y 34-181 et seq.
See:ABANDONED PROPERTY
Adult entertainment I
Permit investigation by county health de-
partment 10-140 IMPACT FEES
Local planning agency 58-56 et seq. Capital expansion plans 2-237
See:PLANNING AND DEVELOPMENT Capital expansion trust funds
Outdoor entertainment permit requirements 10-62(1) Collection;deposit 2-236(b)
Sanitary sewer system 78-26 et seq. Established 2-236(a)
See: SEWERS AND SEWAGE DISPOS- Use 2-236(c)
AL Certain ordinances not affected by Code1-10(a)(18)
Solid waste 62-1 et seq. Exemptions 2-232
See:SOLID WASTE Fees schedule in general. See: FEES (Ap-
Tree protection,land clearing 102-36 et seq. pendix B)
See:LAND DEVELOPMENT CODE Levy and purpose 2-231
Weeds and dead vegetation 34-121 et seq. Partial waiver authorized 2-235
See:WEEDS AND DEAD VEGETATION Payment 2-234
HEIGHT Sanitary sewer impact fees 78-121 et seq.
L Land development code regulations re zon- See: UTILITIES
ing 110-26 et seq. Schedules 2-233
See:LAND DEVELOPMENT CODE Sewers 78-121 et seq.
See: SEWERS AND SEWAGE DISPOS-
HOME OCCUPATIONS AL
Construction noise 34-154
Land development code regulations re zon- IMPRISONMENT.See:PRISONS AND PRIS-
ing 110-26 et seq. ONERS
See:LAND DEVELOPMENT CODE
IMPROVEMENTS. See: PUBLIC WORKS
HOOTING AND IMPROVEMENTS
Noises,enumeration of prohibited 34-153(4)
HORNS INDECENCY AND OBSCENITY
Noises,enumeration of prohibited 34-153(1) Adult entertainment establishments 10-168
HOUSING INDIVIDUALS
Electrical code 82-116 et seq. Persons; definitions and rules of construc-
See:LAND DEVELOPMENT CODE tion extended and applied to 1-2
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE INSPECTIONS
Housing code Building sewers
Administrative authority or official 82-272 Notice for 78-79
Adopted 82-271 Flood damage prevention 90-26 et seq.
Amendments 82.273 See: LAND DEVELOPMENT CODE
Property maintenance standards 34-91 et seq. Reinspection fees
See: PROPERTY MAINTENANCE Fees schedule in general.See:FEES(Ap-
STANDARDS pendix B)
Public service tax Signs
Land development code regulations 94-1 et seq.
Generally 70-26 et seq.
See:TAXATION See: LAND DEVELOPMENT CODE
Street excavations 66-63
HUMAN RELATIONS Threshold buildings 82-321 et seq.
L Human rights See: LAND DEVELOPMENT CODE
Discrimination prohibited 40-28 Vehicles for hire,mechanical inspections.. 80-76(d)
Supp. No. 1 CDi:13
CAPE CANAVERAL CODE
Section
Section j
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: Blocks
FRANCHISES(Appendix A) Subdivision design standards 98-106
Occupational license tax 70-87 Board of appeals
Outdoor entertainment permit requirements 10-62(9) Electrical code 82-118
Signs Bonds
Land development code regulations 94-1 et seq. Signs 94-10(a)
See:LAND DEVELOPMENT CODE Threshold buildings, special inspector82-343
Threshold buildings, special inspector in- Boundary line survey
surance 82-243 Subdivisions 98-93
Vehicles for hire 80-5 Breaking meter seals
INTERSECTIONS Electrical code 82-121
Visibility at intersections Bridges
Land development code regulations re Subdivisions
zoning 110-26 et seq. Design standards 98-116
See:LAND DEVELOPMENT CODE Buffers
Protection of trees and vegetation of buff-
INTOXICATING BEVERAGES. See: ALCO- ers 102-41
HOLIC BEVERAGES Building code 82-31 et seq.
ITINERANT MERCHANTS. See: PED- See herein:Buildings
DLERS, CANVASSERS AND SOLICI- Building department
TORS Threshold buildings
Special inspector, corporation with
building department 82-344
J Building inspection
JOINT AUTHORITY Threshold buildings 82-327
Definitions and rules of construction 1-2 Building official
Signs,inspection by 94-36
Building permits
L
Change of and schedule and fee 82-3
LAND CLEARING Fee schedule 82-2
Tree protection 102-36 et seq. Buildings
See:LAND DEVELOPMENT CODE Building code
Administrative authority or official ... 82-33
LAND DEVELOPMENT CODE Adopted 82-31
Abandoned signs 94-62(a) Amendments 82-32
Access Solar energy standards, compliance
Coastal construction code with 82-223
Public access 82-93 Standard existing building code adopt-
Alleys ed 82-34
Subdivision design standards 98-110 Changes to schedule of fees 82-3
Alterations Coastal construction code
Natural surface waters 90-173 Applicability 82-84
Amendments Coastal construction requirements82-87
Building code 82-32 Definitions 82-81
Gas code 82-173 Design conditions
Housing code 82-273 Foundations 82-89(b)
Mechanical code 82-197 Hydrodynamic loads 82-89(e)
Plumbing code 82-148 Hydrostatic loads 82-89(d)
Unsafe building abatement code 82-58 Velocity pressure 82-89(a)
Appeals and arbitrations Wave forces 82-89(c)
Concurrency management 86-3 Exceptions 82-85
Area Location of construction 82-92
Subdivisions 98-5 Major structures, structural require-
Zoning requirement 10-336 et seq. ments for
See within this title:Zoning Design and construction 82-88(a)
Areas of shallow flooding(AO zones) Elevation, floodproofing and siting82-88(c)
Flood hazard standards 90-68 Mobile homes 82-88(b)
Supp. No. 1 CDi:14
LIP.' CODE INDEX
LAND DEVELOPMENT CODE—Cont'd. Section Section
LAND DEVELOPMENT CODE—Cont'd.
Minor structures, structural require- Adopted
82-146
ments for 82-91
Nonhabitable major structures, strut- Amendments 82-148
Solar energy standards
tural requirements for 82-90 Adopted
Permits 82-221
Compliance with building code 82-223
Application for 82-86 Permit fees
82-222
Public access
82-93 Swimming pool code
Purpose 82-83 Administrative authority or official ... 82-247
References
82-94 Adopted
82-246
Scope 82-82 Swimming pools
Concurrency management Electric wiring for 82-124
Generally 86-1 et se Threshold buildings
See herein: Concurrency Manage- q Approval of plans and specifications .. 82-324
ment Definitions 82-322
Electrical code Dual inspection 82-327
or rewiringNotice of noncompliance; meeting and
Additions,remodeling •••• 82-123 stop work order
Administrative authority or official ... 82-117 82-323
Adopted Provisions supplemental 82-323
82-116 Shoring and reshoring plan 82-326
Board of appeals 82-118 Special inspector
Breaking meter seals 82-121 Cooperation with building depart-
Service disconnects required 82-119 ment
Service wires 82-120 82-344
Submersible lighting 82-125 DaInsurancey reof 82-346
or bond 82-343
Swimming pools,electric wiring for... 82-124 Presence at job
82-345
Wiring methods 82-122
Qualifications of representatives.... 82-342
Excavation and grading code Retention by owner
Administrative authority or official ... 82.297 82-341
Adopted
Fees State law adopted 82-321
82-296 Structural inspection plan 82-325
Unsafe building abatement code
Building permit fee schedules 82-2 Administrative authority of official.... 82-57
Changes to schedule of fees 82-3 Adopted
Gas code 82-56
Amendments 82-58
Administrative authority or official ... 82-172 Bulkheads and retaining walls
Adopted 82-171
Subdivision design standards 98-118
Amendments 82-173 Burials
Housing code Stormwater management
Administrative authority or official 82-272 Bury inspections
90-195(2)
Adopted
82-271 C-1 Low Density Commercial District. See
Amendments 82-273 also herein:Zoning
Inspector Signs in
Threshold buildings 94-99
g 82-341 et seq. Canals
See within this subheading:Thresh- Subdivision design standards 98-117
old Buildings Certificate of completion
MethAdopted
Mechanical code Subdivisions 98-83
82-196 City
Amendments 82-197 Stormwater management master plan,
Number of buildings and property compliance with city plan 90-164
Administration 82-368 Subdivisions, review of preliminary
Assignment of numbers P ry plat 98-45
82-369 Civil penalties
Multiple-family structures,numbering 82-370 Tree protection, land clearing 102-37
Posting and specification of numbers.. 82-371 Coastal construction code
Purpose 82-366 Applicability of provisions
System established; incorporation of 82-84
Coastal construction requirements 82.87
maps 82-367 Definitions
Penalty 82-81
82-1 Design conditions 82.89
Permit Exceptions
Building permit fee schedules 82-2 Location82-85
or construction 82-92
Plumbing code Major structures,structural requirements
Administrative authority or official ... 82-147 for 82-88
Supp.No. 1 CDi:15
t
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Minor structures,structural requirements Duration concurrency compliance certifi-
for 82-91 cation after issuance of development
Nonhabitable major structures,structur- permit
al requirements for 82-90 Commercial, industrial or multifamily
Permits developments 86-8(4)
Application for 52-86 Individual single-family development. 86-8(3)
Public access 82-93 Residential subdivision or phase or unit
Purpose 82.83 thereof,including planned unit de-
References 82-94 velopment 86-8(2)
Scope 82-82 Site development plan approval 86-8(1)
high hazard areas(V zones) Expiration of concurrency compliance cer-
Coastalg tification 86-9
Flood hazard regulations 90-65 Operating systems,procedure and task
Codes Concurrency monitoring 86-11(b)
Building code 82-31 et seq. Measuring potential impacts 86-11(c)
See herein:Buildings Overall concurrency management 86-11(a)
Coastal construction code 82-81 et seq. Purpose and intent 86-1
See herein: Coastal Construction Code Vested rights 86-13
Electrical code 82-116 et seq. Conservation
See herein:Electrical Code Water conservation 90-176
Excavation and grading code 82-296, 82-297 Construction
Gas code 82-171 et seq. Coastal construction code 82-81 et seq.
See herein:Gas Code See herein:Coastal Construction Code
Housing code 82-271 et seq. Stormwater management
See herein:Housing Code Construction methods and materials.. 90-180
Mechanical code 82-196,82-197 Subdivisions 98-66 et seq.
Plumbing code 82-146 et seq. See herein: Subdivisions
See herein:Plumbing Code Control elevation
Standard existing building code adopted 82-34 Stormwater management 90-181
Swimming pool codes 82-246,82-247 Corner lots
Unsafe building abatement code 82-56 et seq. Signs 94-64(c)
County
See herein:Unsafe Building Abatement Stormwater management master plan,
Code compliance with county 90-164
Compliance certification Criminal penalties
Expiration of concurrency compliance cer- Tree protection,land clearing 102-38
tification 86-9 Daily reports
Concurrency management system Threshold buildings
Appeals 86-3 Special inspector,daily reports 82-346
Application for concurrency evaluation.. 86-5 Decision making
Concurrency evaluation finding of defi- Concurrency evaluation,responsibility for
ciency 86-7 decision making in 86-4
Conditional approval of development or- Dedication
ders or permits Stormwater management 90-191
Building permit 86-12(2) Deposit
Subdivision plats and site plans 86-12(1) Political signs 94-78(e)
Criteria for evaluation of levels of service Design standards
of public facilities Coastal construction code 82-89
Building permits of insignificant im- Stormwater management 90-161 et seq.
pact 86-6(1) See herein: Floods
Drainage facilities 86-6(7) Subdivisions 98-106 et seq.
See herein: Subdivisions
Parks and open space 86-6(6)
Detention and retention areas
Potable water facilities 86-6(4) Banks of 90-172
Sanitary sewer facilities 86-6(3) Configuration of shoreline of 90-174
Solid waste facilities 86-6(5) Stormwater management 90-162
Transportation facilities 86-6(2) Development
Cumulative level-of-service records 86-10 Concurrency management
Decision making in concurrency evalua- Generally 86-1 et seq.
tion,responsibility for 86-4 See herein: Concurrency Manage-
Definitions 86-2 ment
Supp.No. 1 CDi:16
LIPoe CODE INDEX
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Districts Elevated buildings 90-62(d)
Political signs 94-78(f) Floodways
Zoning districts.See herein:Zoning 90-61
General standards 90-61
Drainage Generally
Concurrency management 90-62(a)
Manufactured homes and recreation-
Generally86-1 et seq. al vehicles, standards for 90-63
See herein: Concurrency Manage- Nonresidential construction
ment 90-62(c)
Residential construction 90-62(b)
Stormwater management Streams without established base
Compatibility with adjacent systems.. 90-171 flood elevation and floodways,
Subdivision improvements 98-91 standards for
Easements 90-66
Interpretation 90-34
Subdivision design standards 98-108 Objectives
Electrical code 90-29
Penalties for violation 90-36
Additions,remodeling and rewiring 82-123 Statement of purpose
Administrative authority or official 82-117 90-28
Subdivision proposals, standards for.. 90-67
Adopted 82-116 Areas of shallow flooding(AO zones),
Board of appeals 82-118 standards for
Breaking meter seals 90-68
82-121 Variance procedure 90-50
Service disconnects required 82-119 Warning and disclaimer of liability ... 90-35
Service wires 82-120 Floodplain protection
Submersible lighting 82-125 Definitions 90-91
Swimming pools, electrical wiring for... 82-124 Development in designated floodplains 90-93
Wiring methods 82-122 Prohibited uses 90-94
Elevation,floodproofing and siting Purpose and intent 90-92
Coastal construction code Maintenance
(1,...., Structural requirements for major Stormwater management 90-191 et seq.
structures 82-88(c) See within this subheading: Storm-
Subdivision improvements 98-88 water Management
Excavation and grading code Performance standards
Administrative authority or official 82-297 Stormwater management 90-146 et seq.
Adopted 82-296 See within this subheading: Storm-
Fees water Management
Solar energy standards Permits
Permit fees 82-222 Stormwater management 90-131 et seq.
Final acceptance of work See within this subheading: Storm-
Subdivisions 98-94
Flashing signs prohibited water Management
94-6(d) Stormwater management
Flood damage prevention 90-26 et seq. Definitions 90-116
See herein:Floods Design standards
Floodplain protection 90-91 et seq. Accommodation of stormwaters on-
See herein:Floods site and offsite 90-167
Floods 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 storm-
Basis for establishing 90-31 water management master plan 90-164
Compliance with provisions 90-32 Configuration of shoreline of deten-
Definitions 90-26 tion and retention areas 90-174
Development permit Configurations creating stagnant wa-
Establishment of 90-48 ter conditions 90-166
Procedures 90-49 Conformance to standards 90-161
Findings of fact 90-27 Construction methods and materials 90-180
(t.....„ Flood hazard reduction Control elevation 90-181
Coastal high hazard areas(V zones) 90-65 Detention and retention system 90-162
Supp. No. 1 CDi:17
allIlli I,
CAPE CANAVERAL CODE
Section Section j
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Directing runoff 90-165 Ingress or egress
Discharge volumes,notification of 90-179 Signs,obstruction of 94-6(b)
Native vegetation buffers 90-177 Inspections
Natural surface waters used as sed- Signs
iment traps 90-175 Generally 94-36,94-37
Phased developments 90-178 Inspection by building official 94-36
Proper functioning 90-168 Stormwater management 90-195
Surface water channeled into sani- Subdivisions 98-80 et seq.
tary sewers 90-170 See herein: Subdivisions
Water reuse and conservation 90-176 Threshold buildings 82-325 et seq.
Enforcement and penalties 90-120 See herein:Buildings
Maintenance Insurance or bond
Applicant as acceptable entity 90-192(c) Signs 94-10(b)
Dedications 90-191 Threshold buildings, special inspector... 82-341
Failure to maintain 90-194 Land clearing
Inspection 90-195 Tree protection 102-36 et seq.
Maintenance by approved entity See herein: Tree Protection
Acceptable responsible entity 90-192(a) Landscaping
Phased projects 90-192(b) List of recommended landscaping plants 102-44
Plan for operation and maintenance Lights and lighting
program 90-193 Electrical code regulations re submers-
Performance standards ible lighting 82-125
Computation 90-146 Signs 94-63
Rainfall intensity 90-147 Location
Water quality requirements 90-149 Measurements
Water quantity requirements 90-148 Signs 94-64(e)
Permit Political signs 94-78(c)
Application Lots
Information required 90-134 Subdivision design standards 98-107
Plan required 90-133 M-1 Light Industrial and Research and De-
Exemptions 90-132 velopment District. See also herein:
Required 90-131 Zoning
Previous approvals,standards of 90-119 Signs 94-99
Purpose and intent 90-117 Maintenance
Relationship to other stormwater man- Stormwater management 90-191 et seq.
agement requirements 90-118 See herein: Floods
Variances 90-121 Major structures
Foundations Coastal construction code
Coastal construction code 82-89(b) Structural requirements for 82-88
Gas code Manufactured homes and recreational ve-
Administrative authority or official 82-172 hides
Adopted 82-171 Special flood hazard areas,standards for 90-63
Amendments 82-173 Maps
Grading code. See herein: Excavation and Numbering of buildings and properties
Grading Code System established; incorporation of
Ground signs 94-64(1) maps 82-367
Hardship variances Marquees 94-82
Subdivisions 98-4(a) Master plans
Hazardous signs 94-62(b) Stormwater management, compliance
Height with city or county master plan .... 90-164
Signs 94-64(e) Measurement and placement
Housing code Signs 94-64
Administrative authority or official 82-272 Minor structures
Adopted 82-271 Coastal construction code, structural re-
Amendments 82-273 quirements for 82-91
Hydrodynamic loads Mitigation
Coastal construction code 82-89(e) Wetlands protection 106-31
Hydrostatic loads Mobile homes
Coastal construction code 82-89(d) Coastal construction code 82-88(b)
Supp.No. 1 CDi:18
CODE INDEX
L111100e
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Multiple-family structures Phased developments
Numbering of 82-370 Stormwater management 90-178
Native vegetation buffers Planning and zoning board
Stormwater management 90-177 Subdivisions
Natural surface waters Final plats
Alteration of 90-173 Recommendations of planning and
Sediment traps, used as 90-175 zoning board 98-61
Nonhabitable major structures Powers of 98-3
Coastal construction code Preliminary plat
Structural requirements for 82-90 Planning and zoning board procedure 98-46
Numbering of buildings and property Plats
Administration 82-368 Subdivision plats 98-31 et seq.
Assignment of number 82-369 See herein: Subdivisions
Multiple-family structures,numbering of 82-370 Plumbing code
Posting and specification of numbers82-371 Administrative authority or official 82-147
Purpose 82-366 Adopted 82-146
System established;incorporation of map 82-367 Amendments 82-148
Obstructions Political signs
Signs,obstruction of free ingress or egress 94-6(b) Deposits 94-78(e)
Off-site signs District requirements 94-78(f)
Generally 94-6(g) Location 94-78(c)
Open burning Permits 94-78(d)
Natural cover 102-42 Specifications 94-78(b)
Open space Time of erecting 94-78(a)
Concurrency management Portable signs 94-6(e)
Generally 86-1 et seq. Potable water systems
L
See herein: Concurrency Manage- Concurrency management ie,
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
Public sites and open spaces
Concurrency management Subdivision design standards 98-109
Conditional approval of development or- R-1 Low Density Residential District. See
ders of permits 86-12 also herein:Zoning
Political signs 94-78(d) Signs 94-96
Signs 94-31 et seq. R-2 Medium Density Residential District.
See herein:Signs See also herein: Zoning
Solar energy standards Signs 94-97
Permit fees 82-222 R-3 Medium Density Residential District.
Stormwater management permit 90-131 et seq. See also herein:Zoning
See herein:Floods Signs 94-98
Subdivision construction permit 98-69 et seq. Rainfall intensity
See herein:Subdivisions Stormwater management 90-147
Tree protection, land clearing 102-39, 102-40 Records
Loe Permitted uses Concurrency management
Wetlands protection 106-29 Cumulative level-of-service records ... 86-10
Supp. No. 1 CDi:19
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Remedies Measurement and placement,criteria and
Subdivisions 98-6 standards for
Reuse Area 94-64(a)
Water reuse 90-176 Combinations of signs 94-64(b)
Revegetation Corner lots 94-64(c)
Tree protection 102-43 Display of permit number 94-64(d)
Rights-of-way Ground signs 94-64(f)
Signs on 94-6(c) Height,setback and location measure-
Roadways ments 94-64(e)
Concurrency management Size limits 94-64(g)
Generally 86-1 et seq. Off-premises signs
See herein: Concurrency Manage- Generally in signs and vacant lands.. 94-77, 94-79
ment Specifically 94-79
Sanitary sewer system Temporary off-premises signs 94-81
Generally 78-26 et seq. Penalty for violation 94-5
See:SEWERS AND SEWAGE DISPOS- Permits
AL Application for 94-32
Subdivision design standards 98-113 Fees 94-35
Sediment traps Issuance of 94-33
Natural surface waters used as 90-175 Required 94-31
Setbacks Revocation of 94-34
Signs 94-64(e) Placement
Sewers Restrictions on 94-61
Concurrency management Political signs
Generally 86-1 et seq. Deposit 94-78(e)
See herein: Concurrency Manage- District requirements 94-78(0
ment Location 94-78(c)
Subdivision improvements 98-90 Permits 94-78(d)
3
Shopping centers Specifications 94-78(b)
Signs Te of erecting 94-78(a)
Shopping center in any district 94-100 Pro ibited signs and sign features
Shoring and Reshoring plans Flashing signs prohibited 94-6(d)
Threshold buildings 82-326 Obstruction of free ingress or egress.. 94-6(b)
Signs Off-site signs 94-6(g)
Abandoned signs 94-62(a) Portable signs 94-6(e)
Administrator 94-3 Public utility poles and trees,signs on 94-6(a)
Awnings and canopies 94-83
Billboards 94-80 Rights-of-way,signs on 94-6(c)
Bond 94-10(a) Vehicles,signs on 94-6(0
Building officialPurpose 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
Inspections and permits 94-35 Signs on 94-77
Hazardous signs 94-62(b) Wind pressure and dead load 94-9
Identification 94-8 Site plan
Inspection Wetlands protection development requir-
Building official 94-36 ing 106-28
Fees 94-35 Size limits
Notice for 94-37 Signs 94-64(g)
Insurance 94-10(b) Solar energy standards
Lighting 94-63 Adopted 82-221
Maintenance,notice to repair 94-11 Building code,compliance with 82-223
Marquees 94-82 Permit fee 82-222
„......)
Supp.No. 1 CDi:20
‘11.101°. CODE INDEX
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Solid waste Canal 98-117
Concurrency management Easements 98-108
Generally 86-1 et seq. Lots 98-107
See herein: Concurrency Manage- Potable water systems 98-112
ment Public sites and open spaces 98-109
Special inspector Sanitary sewer system 98-113
Threshold buildings 82-341 et seq. Streets, roads and alleys
See herein:Buildings Generally 98-114
Stagnant water conditions Technical specifications 98-115
Configurations 90-166 Surface and storm drainage 98-111
Standard existing building code Development and enforcement of pro-
Adopted 82-34 visions 98-86
Stop work orders Drainage 98-91
Threshold buildings Elevation 95-88
Notice of compliance; meeting on stop Final acceptance of work 98-94
work orders 82-328 Permanent markers 98-87
Stormwater management Sewers 98-90
Generally 90-116 et seq. Streets 98-92
See herein:Floods Water supply 98-89
Streams without established base flood el- Permits
evation on floodways Construction permits 98-69 et seq.
Flood hazard standards 90-66 See within this subheading: Con-
Streets struction
Subdivisions Planning and zoning board
Design standards 98-114, 98-115 Final plats
Improvements 98-92 Recommendations of planning and
LINames 98-119 zoning board 98-61
Subdivisions Powers of 98-3
Appeals and arbitrations 98-5 Preliminary plats
Certificate of completion 98-83 Planning and zoning board procedure 98-46
City Plats
Review of preliminary plan 98-45 Final plat
Construction Application for approval 98-60
Certificate of completion Conformance to preliminary plat 98-56
Issuance of 98-83 Data required for final approval.... 98-58
Inspection 98-80 Documents required prior to approv-
Notification 98-82 al 98-59
Permit Number of copies 98-57
Approval of plans and specifications 98-73 Planning and zoning board recom-
Issuance 98-75 mendations 98-61
Master survey point 98-74 Recording 98-62
Procedures 98-70 Preapplications
Required;penalty 98-69 Review procedures 98-36
Review 98-72 Preliminary plat
Submission of construction plans and City review 98-45
specifications 98-71 Information required 98-41
Terms; revocation 98-76 Planning and zoning board proce-
Submission of data 98-81 dures 98-46
Definitions 98-1 Scale; proposals 98-43
Final plats Time limit 98-47
Construction of 98-70(2) Topographic data 98-42
Flood hazard standards 90-67 Purpose 98-2
Improvements Remedies 98-6
Boundary line survey 98-93 Variance
Design standards Application 98-4(b)
Alleys 98-110 Conditions 98-4(e)
Blocks 98-106 Hardship 98-4(a)
‘,..., Bridges 98-116 Prerequisites to granting 98-4(d)
Bulkheads or retainer walls 98-118 Public hearing;notice 98-4(c)
Supp.No. 1 CDi:21
CAPE CANAVERAL CODE
Section
Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Wetlands protection requiring subdivision Vegetation buffers
plat 106-28 Stormwater management
Submersible lighting Native vegetation buffers 90-177
Electrical code 82-125 Vehicles
Surface and storm drainage Signs on 94-6(f)
Subdivision design standards 98-111 Velocity pressure
Surface water Coastal construction code 82-89(a)
Channeled into sanitary sewer 90-170 Vested rights
Swimming pools Concurrency management 86-13
Code Water supply
Administrative authority or official ... 82-247 Subdivision improvements 98-89
Adopted 82-246 Waterways
Electrical wiring for 82-124 Wetlands protection 106-26 et seq.
Threshold buildings 82-321 et seq. See herein:Wetlands Protection
See herein:Buildings Wave forces
Topographic data Coastal construction code 82-89(c)
Subdivision plat 98-42 Wetlands protection
Traffic Definitions 106-26
Concurrency management Development requiring site plan or sub-
Generally 86-1 et seq. division plat 106-28
See herein: Concurrency Manage- Mitigation 106-31
Permitted uses 106-29
went Prohibited uses 106-30
Signs constituting traffic hazards 94-62(c) Purpose and intent 106-27
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
Protection of trees and vegetative buff- Swimming pools 110-583
ers Accessory uses and structures
Development size thresholds 102-41(a) C-1 Low Density Commercial District. 110-333
Inspections 102-41(e) Generally 110-468
Preservation thresholds 102-41(b) M-1 Light Industrial and Research and
Development District 110-353
Relocation of trees 102-41(f) 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
Supp.No. 1 CDi:22
Liee CODE INDEX
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Procedure 110-137 Breeze requirements
Reconsideration of district boundary R-3 Medium Density Residential Dis-
changes 110-139 trict,minimum breeze requirement 110-319
Annexations Building official
Zoning classification of 110-256 Duties of 110-88
Antennas Building permits
Earth station antennas 110-478 Residential planned unit developments 110-406
Area Townhouses 110-378
C-1 Low Density Commercial District. 110-336 Buildings
Dimension or area reduction below min- Lot and street requirements for 110-255
imum 110-254 Nonconforming structures 110-193
M-1 Light Industrial and Research and Nonconforming uses of structures or of
Development District 110-356 structures and premises in combi-
R-1 Low Density Residential District 110-276 nation 110-195
R-3 Medium Density Residential Dis- Required for commercial uses 110-481
trict 110-316 Setback lines 110-536
Residential planned unit developments Structures approved by special excep-
Minimum lot area 110-439 tions 110-161
Reuse of area used for density calcula- C-1 Low Density Commercial District
tion 110-253 Accessory uses and structures 110-333
Townhouses 110-372 Area and dimensions 110-336
Atomic energy uses 110-480 Intent 110-331
Board of adjustment Landscaping, screening and parking 110-338
Administrative review Minimum setbacks 110-337
Appeal notice,hearing 110-29(b) Offstreet parking and access 110-339
Authority 110-29(a) Principal uses and structures 110-332
L.,,, Stay of proceedings 110-29(c) Prohibited uses and structures 110-335
Appeals from board 110-35 Special exceptions permissible by board
Decisions 110-32 of adjustment 110-334
Established;composition;qualifications 110-26 Camping equipment
Indebtedness 110-30 Location of 110-551
Powers and duties 110-28 Camping equipment,boats and boat trail-
Proceedings 110-27 ers, location of 110-551
Reconsideration of administrative re- Certificate of occupancy
view,special exception variance .. 110-33 Hotels and motels 110-122
Special exceptions Required 110-121
Applicants for 110-31 Commercial district
Applications;procedures 110-46 C-1 Low Density Commercial District. 110-331 et seq.
Permissible by 110-294 et seq. See within subheading:C-1 Low Den-
See within subheading:Special Ex- sity Commercial District
ceptions By Board of Adjust- Commercial districts
ment Landscaping and screening for 110-566
Written findings certifying compli- Commercial uses
ance 110-47 Buildings required for 110-481
Variances Common recreation and open space
Applications;procedures 110-31, 110-62 Residential planned unit developments,
Generally 110-61 minimum 110-404,
Violation of conditions of special excep- 110-438
tions or variance 110-34 Complaints of violations 110-90
Boats and boat trailers Conflicts with other ordinances 110-86
Living aboard 110-552 Conformity to plans, specifications, in-
Location of 110-551 tendment uses and applications .... 110-91
Bonding Construction
Residential planned unit developments 110-407 Swimming pools 110-581
Boundaries Courts,minimum width of 110-473
Reconsideration of district boundary Dedication
changes 110-139 Public easement 110-477
Lisso" Rules for interpretation of district Public land 110-476
boundaries 110-248 Definitions 110-1
Supp. No. 1 CDi:23
CAPE CANAVERAL CODE
Section Section J
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Density Reconsideration of district boundary
C-1 Low Density Commercial District. 110-331 et seq. changes 110-139
See within subheading:C-1 Low Den- Regulations for specific districts. See
sity Commercial District within specific districts as indexed
R-1 Low Residential District 110-271 et seq. Reuse of area used for density calcula-
See within subheading:R-1 Low Res- tions 110-253
idential District Rules for interpretation of district
R-2 Medium Density Residential Dis- boundaries 110-248
trict 110-291 et seq. Structure, height, maximum use, lot
See within subheading: R-2 Medium area,setbacks 110-251
Density Residential District Unusual uses or uses not specifically
R-3 Medium Density Residential Dis- permitted 110-257
trict 110-311 et seq. Drainage systems
See within subheading:R-3 Medium Residential planned unit developments 110-404
Density Residential District Dune crossovers
Residential planned unit developments R-3 Medium Density Residential Dis-
Maximum density 110-437 trict 110-320
Reuse of area used for density calcula- Earth station antennas 110-478
tion 110-253 Easements
Development districts Dedicated public easements 110-477
M-1 Light Industrial and Research and Enclosures
Development District 110-351 et seq. Swimming pools 110-582
See within this subheading: M-1 Encroachments
Light Industrial and Research Setbacks 110-328
and Development District Enforcement of provisions 110-87
Development plans Fences,walls and hedges 110-470
Residential planned unit developments 110-421 et seq. Floor area
See within this subheading:Residen- Residential planned unit developments,
tial Planned Unit Developments minimum 110-441
Development schedule Frontage
Townhouses 110-379 Residential planned unit developments 110-439
Development standards Garage sales 110-467
Residential planned unit developments 110-444 Height
Dimensions District 110-251
C-1 Low Density Commercial District. 110-336 Exceptions to regulations 110-471
M-1 Light Industrial and Research and Home occupations
Development District 110-356 Occupational license required 110-523
Offstreet loading 110-507 Permitted home occupations 110-521
R-1 Low Density Residential District . 110-276 Requirements 110-522
R-2 Medium Density Residential Dis- Hotels and motels
trict 110-296 Certificate of occupancy 110-122
R-3 Medium Density Residential Dis- Individually platted lots
trict 110-316 Townhouses 110-377
Townhouses 110-372 Industrial districts
Districts Landscaping and screening for 110-566
Annexations,zoning classification of.. 110-256 M-1 Light Industrial and Research and
Application of district requirements... 110-249 Development District 110-351 et seq.
Conformity 110-250 See within this subheading: M-1
Dimension or areas reduction below Light Industrial and Research
minimum 110-254 and Development District
Duplicate use of setbacks,open space, Intersections
parking space 110-252 Visibility at 110-469
Lot and street requirements for struc- Land
tures 110-255 Nonconforming uses of 110-194
Official zoning map Landscaping and vegetation
Adopted 110-246 C-1 Low Density Commercial District. 110-338
Replacement 110-247 Interior landscaping for offstreet park-
Preservation of trees in all districts110-568 ing areas 110-567
Supp.No. 1 CDi:24
CODE INDEX
clillie
Section Section
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
Landscaping and screening for commer- R-3 Medium Density Residential Dis-
cial and industrial zoning districts 110-566 trict 110-311 et seq.
M-1 Light Industrial and Research and See within subheading:R-3 Medium
Development District 110-358 Density Residential District
Preservation of trees in all districts110-568 Mobile home parks
Length of structures
Residential planned unit developments, Nonconforming uses 110-192
-440 Nonconformities
110
maximum Intent
Light industrial districts 110-191
M-1 Light Industrial and Research and Mobile home parks single-family mo-
Development District 110-351 et seq. bile home districts 110-192
Nonconforming structures 110-193
See within this subheading: M-1
Light Industrial and Research Nonconforming uses of land 110-194
and Development District Nonconforming uses of structures or of
Loading structures and premises in combi-
M-1 Light Industrial and Research and nation 110-195
Development District 110-360 Repairs and maintenance 110-196
Location Temporary uses 110-197
Offstreet loading 110-507 Number of spaces
Recreational vehicles, camping equip- Offstreet parking 110-491
ment,boats and boat trailers 110-551 Occupational license
Spaces Home occupation requirements 110-523
Offstreet parking 110-492 Official zoning map
Swimming pools 110-581 Adopted 110-246
Lots Replacement 110-247
Area Offstreet loading
District 110-251 Location and dimensions of space 110-507
LBO? Residential planned unit develop-
ments 110-439 Offstreet parking
Erection of more than one principal Access 110-493
structure on 110-537 C-1 Low Density Commercial District. 110-339
Requirements for structures 110-255 Interior landscaping for offstreet park-
Low density commercial district ing areas 110-567
C-1 Low Density Commercial District. 110-331 et seq. Location spaces 110-492
See within subheading:C-1 Low Den- Number of spaces required 110-491
sity Commercial District R-1 Low Density Residential District 110-278
Low density residential district R-2 Medium Density Residential Dis-
R-1 Low Residential District 110-271 et seq. trict 110-298
See within subheading:R-1 Low Den- R-3 Medium Density Residential Dis-
sity Residential District trict 110-318
M-1 Light Industrial and Research and Residential planned unit developments 110-442
Development District Townhouses 110-374
Accessory uses and structures 110-353 Open space
Area and dimension 110-356 Duplicate use of 110-252
Intent 110-351 Parking
Landscaping,screening and parking110-358 C-1 Low Density Commercial District. 110-338
Minimum setbacks 110-357 Certain vehicles 110-554
Parking and loading 110-360 M-1 Light Industrial and Research and
Performance standards 110-359 Development District 110-358,
Principal uses and structures 110-352 110-360
Prohibited uses and structures 110-355 Parking space
Special exceptions permissible by board Duplicate use of 110-252
of adjustment 110-354 Paving of vehicular use area 110-555
Maximum use Penalties for violations 110-89
District 110-251 Performance standards
Medium density residential district Application of 110-466
R-2 Medium Density Residential Dis- M-1 Light Industrial and Research and
trict 110-291 et seq. Development District 110-359
‘11110e See within subheading:R-2 Medium Permissible uses and structures
Density Residential District R-1 Low Density Residential District . 110-272
Supp.No. 1 CDi:25
CAPE CANAVERAL CODE
Section Section j
LAND DEVELOPMENT CODE—Cont'd. LAND DEVELOPMENT CODE—Cont'd.
R-3 Medium Density Residential Dis- Dune crossovers required 110-320
trict 110-312 Intent 110-311
Permits Minimum breeze requirement 110-319
Application 110-107 Minimum setbacks 110-317
Expiration 110-108 Offstreet parking and access 110-318
Required 110-106 Principal uses and structures 110-312
Permitted home occupation 110-521 Prohibited uses and structures 110-315
Permitted uses Special exception permissible by board
Residential planned unit developments 110-403 of adjustment 110-314
Townhouses 110-371 Recreational vehicles
Physical review Location of 110-551
Residential planned unit developments 110-405 Regulations pertaining to specific dis-
Preservation tricts.See within specific districts as
Residential planned unit developments 110-445 indexed
Trees Repairs and maintenance
All districts 110-568 Nonconformities 110-196
Townhouses 110-376 Research and development districts
Principal uses and structures M-1 Light Industrial and Research and
C-1 Low Density Commercial District. 110-332 Development District 110-351 et seq.
M-1 Light Industrial and Research and See within this subheading: M-1
Development District 110-352 Light Industrial and Research
R-2 Medium Density Residential Dis- and Development District
trict 110-292 Residential districts
Private roads and other related common R-1 Low Density Residential District . 110-271 et seq.
facilities See within subheading:R-1 Low Den-
Residential planned unit developments 110-404 sity Residential District
Prohibited uses and structures R-2 Medium Density Residential Dis-
M-1 Light Industrial and Research and trict 110-291 et seq.
Development District 110-355 See within subheading:R-2 Medium
R-1 Low Density Residential District 110-275 Density Residential District
R-2 Medium Density Residential Dis- R-3 Medium Density Residential Dis-
trict 110-295 trict 110-311 et seq.
R-3 Medium Density Residential Dis- See within subheading:R-3 Medium
trict 110-315 Density Residential District
Public land Residential planned unit developments
Dedicated 110-476 Bonding 110-407
R-1 Low Density Residential District Building permit 110-406
Accessory uses and structures 110-273 Common open space,drainage systems,
Area and dimensions 110-276 private roads and other related
Intent 110-271 common facilities 110-404
Minimum setbacks 110-277 Development plans
Offstreet parking and access 110-278 Application 110-421
Principal uses and structures 110-272 Procedure for approval of final devel-
Prohibited uses and structures 110-275 opment plan 110-423
Special exceptions permissible by board Procedure for receiving approval of
of adjustment 110-274 preliminary development plan
R-2 Medium Density Residential District 110-296 and tentative zoning 110-422
Accessory uses and structures 110-293 Enforcement 110-409
Area and dimension 110-296 Land use regulations
Intents 110-291 Development standards 110-444
Minimum setbacks 110-297 Maximum density 110-437
Offstreet parking and access 110-298 Maximum length of structures 110-440
Principal uses and structures 110-292 Minimum common recreation and
Prohibited uses and structures 110-295 open space 110-438
Special exceptions permissible by board Minimum floor area 110-441
of adjustment 110-294 Minimum lot area;frontage;setbacks;
R-3 Medium Density Residential District accessory uses 110-439
Accessory uses and structures 110-313 Minimum size 110-436
Areas and dimensions 110-316 Offstreet parking 110-442
,....)
Supp. No. 1 CDi:26
CODE INDEX
(Iliwe
LAND DEVELOPMENT CODE—Cont'd. Section
LAND DEVELOPMENT CODE—Cont'd. Section
Preservation of trees 110-445 R-3 Medium Density Residential Dis-
Underground utilities 110-443 trict
Permitted uses 110-403 Storin110-314
Storing
Physical review 110-405 Certain vehicles
Purpose and intent 110-402 Streets 110-554
Termination zone 110-408 Requirements for structures
Rezoning. See within this subheading: 110-255
Structures.See within subheading:Build-
Amendments
Schedule of fees,charges and expenses.. 110-92 Ings
Screening Swimming pools
C-1 Low Density Commercial District. 110-338 Accessories 110-583
Ennstruction and location 110-581
Commercial and industrial districts... 110-5662
Min
M-1 Light Industrial and Research and Enclosure110-584
Development District minimmumm setbacks 110-584
110-358 Temporary uses
Setbacks Nonconformities
Building setback lines 110-536 Terminati110-197
Termination zone
C-i Low Density Commercial District, Residential planned unit developments 110-408
minimum setbacks 110-337 Townhouses
District 110-251 Area and dimensions
Duplicate use of 110-252 110-378
Building permit 110-378
Encroachments 110-538 Development schedule
Erection of more than one principal 110-377
Individually platted lots 110-377
structure on lot 110-537 Minimum setbacks
M-1 Light Industrial and Research and 110-374
Development District 110-357 Permitted
parking 110-374
d use 110-371
R-1 Low Density Residential District,
minimum setbacks Preservation of trees 110-376
L
Utilities
R-2 Medium Density Residential Dis-
trict 110-277
110-375
Underground utilities
110-297 Residential planned unit developments 110-443
R-3 Medium Density Residential Dis-
trict,minimum setbacks Unusual uses or uses not specifically per-
110-317
mitted
Residential planned unit developments 110-439 110-257
Swimmin 110-584 Uses
g pools,minimum
Approved by special exceptions 110-161
Townhouses,minimum setbacks 110-373
Sewage disposal 110-479 Utilities
Sidewalks Townhouses 110-375
Vegetation. See within this subheading:
Required 110-475
Landscaping or Vegetation
Signs 94-64(a)
Single-family mobile home districts Vehicles and vessels
Living aboard boats 110-552
Nonconformities 110-192
Site plans Living or residing in boats,utility trail-
Criteria required 110-222 ers, recreational vehicles and spe-
cial purpose vehicles 110-553
Expiration 110-224
Location of recreational vehicles,camp-
Review procedures 110-223
Submittal and review required 110-221 ing equipment,boats and boat trail-
Special exceptions ers 110-551
Alcoholic beverages Parking and storage of certain vehicles 110-554
Paving of vehicular use areas 110-555
Establishment serving alcoholic bev-
erages 110-171 Vehicular use areas,paving of 110-555
Structures and uses approved by spe- Vessels. See within this subheading: Ve-
cial exception 110-161 hides and Vessels
Special exceptions permissible by board Visibility at intersections 110-469
of adjustment Water areas 110-474
C-1 Low Density Commercial District. 110-334 Width
M-1 Light Industrial and Research and Courts,minimum width of 110-473
Development District 110-354 Zoning districts. See herein: Zoning
R-1 Low Density Residential District 110-274
‘1110e R-2 Medium Density Residential Dis- LANDSCAPING
trict 110-294 Appearance and maintenance 34-99
Supp.No. 1 CDi:27
CAPE CANAVERAL CODE
Section Section ...i 0)
LANDSCAPING—Cont'd. LICENSES AND PERMITS—Cont'd.
Beautification board 2-181 et seq. Excavations
See:BEAUTIFICATION BOARD Street excavation permit requirements.. 66-81 et seq.
Land development code regulations re zon- See: STREETS, SIDEWALKS AND
ing 110-26 et seq. OTHER PUBLIC WAYS
See:LAND DEVELOPMENT CODE Fees schedule in general. See: FEES (Ap-
Sanitary sewer system 78-26 et seq. pendix B)
See: SEWERS AND SEWAGE DISPOS- Fireworks, application for permits 38-83, 38-84
AL Flood damage prevention 90-26 et seq.
Tree protection,land clearing 102-36 et seq. See: LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Land development code regulations re zon-
ing 110-26 et seq.
LAW ENFORCEMENT See:LAND DEVELOPMENT CODE
Alarm systems generally 30-26 et seq. Motion and still photography production
See:ALARM SYSTEMS permits 16-60 et seq.
Impact fees generally 2-231 et seq. See:PHOTOGRAPHY
See: IMPACT FEES Occupational license tax 70-66 et seq.
Police department 42-26 See: TAXATION
Political signs 94-78
LEASES Sewer impact fee requirements 78-125, 78-126
Certain ordinances not affected by Code... 1-10(a)(2) Signs
City attorney Land development code regulations 94-1 et seq.
Duties 2-126(6) See:LAND DEVELOPMENT CODE
Solar energy permit fee 82-222
LIBRARY Solicitors,peddlers and itinerant merchants
Established 46-1 permit requirement 16-51 et seq.
Fees schedule in general. See: FEES (Ap- See: PEDDLERS, CANVASSERS AND
pendix B) SOLICITORS
Impact fees generally 2-231 et seq. Street excavation permit requirements.... 66-81 et seq.
See: IMPACT FEES See:STREETS,SIDEWALKS AND OTH-
Library board ER PUBLIC WAYS
Amendment of bylaws 46-28 Tree protection, land clearing 102-39, 102-40
Created;composition; terms;chairman.. 46-26 Vehicles for hire
Indebtedness 46-33 Certificate of public convenience and ne-
Liability of city limited 46-31 cessity license 80-26 et seq.
Meetings 46-30 See:VEHICLES FOR HIRE
Quorum; bylaws, rules and regulations; Driver's permit 80-51 et seq.
expenditures 46-27 See:VEHICLES FOR HIRE
Reports to council 46-32 Licenses and fees to be in addition to oth-
Vacation of office 46-29 er taxes and charges 80-3
Wastewater discharge permits 78-98
LICENSES AND PERMITS LIENS
Adult entertainment Abandoned property
License for establishment 10-111 et seq. Collection of lien on private property re
See:ADULT ENTERTAINMENT towing,storage, expenses 34-188
Occupational license required 10-49
Permit for employees 10-136 et seq. LIFE SAFETY CODE. See: FIRE PREVEN-
See:ADULT ENTERTAINMENT TION
Permit requirements 10-61 et seq. LIGHT INDUSTRIAL DISTRICT
See:ADULT ENTERTAINMENT Land development code regulations re zon-
Alarm systems 30-46 et seq. ing 110-26 et seq.
See:ALARM SYSTEMS See: LAND DEVELOPMENT CODE
Building permits
Land development code regulations 82-2 et seq. LIGHTS AND LIGHTING
See:LAND DEVELOPMENT CODE Definitions 34-206
Building sewers Electrical code 82-116 et seq.
Permit for connections 78-77 See: LAND DEVELOPMENT CODE
Coastal construction code 82-86 Exceptions 34-210
Concurrency management system 86-1 et seq. Method of measurement 34-211
„Itiiii)
See:LAND DEVELOPMENT CODE Penalty 34-208
Supp. No. 1 CDi:28
CODE INDEX
Lisie
Section Section
LIGHTS AND LIGHTING—Cont'd. LOADING AND UNLOADING
Policy established 34-207 Offstreet loading
Sea turtles Land development code regulations re
Publicly owned lighting regulations 14-57 zoning 110-26 et seq.
Signs 94-63 See: LAND DEVELOPMENT CODE
Solid waste Out of repair vehicles
Transporting regulations 62-7 Noises, enumeration of prohibited 34-153(7)
Spill-over lighting standards established.. 34-209
Vehicles for hire 80-76(c) LOADS
Truck loads causing litter 34-34
LIQUEFIED PETROLEUM GAS LOCAL IMPROVEMENTS. See: PUBLIC
Public service tax 70-26 et seq. WORKS AND IMPROVEMENTS
See:TAXATION
LOCAL PLANNING AGENCY
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
(11111111100. Definitions
Gutters,sweeping into prohibited
34-26 Noises, enumeration of prohibited 34-153(3)
34-31
Handbills
Depositing on uninhabited or vacant M
premises 34-53
Distribution prohibited where property MALT BEVERAGES.See:ALCOHOLIC BEV-
posted 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
STANDARDS 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. 1 CDi:29
CAPE CANAVERAL CODE
n Section j
Sectio
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: Noises,enumeration of prohibited 34-153(7)
FRANCHISES(Appendix A) Outdoor entertainment permit requirements 10-62(4)
Taximeters 80-76(0 Overnight parking 74-61
MINORS Parking,stopping and standing
Adult entertainment establishments Dune parking prohibited 74-59
Admission of minors 10-169 Fire lanes,designation of 74-62
Sale to minors 10-170 No parking zones, authority to establish 74-58
Fireworks Overnight parking 74-61
Operator regulations 38-85 Penalties 74-57
State law adopted 74-56
MOBILE HOMES AND MOBILE HOME Truck parking 74-60
PARKS Signs
Beautification board Land development code regulations 94-1 et seq.
Generally 2-181 et seq. See: LAND DEVELOPMENT CODE
See: BEAUTIFICATION BOARD Truck routes 74-32
Flood damage prevention 90-26 et seq. Solicitors,peddlers and itinerant merchants 16-26 et seq.
See:LAND DEVELOPMENT CODE See: PEDDLERS, CANVASSERS AND
Land development code regulations re zon- SOLICITORS
ing 110-26 et seq. Solid waste
See: LAND DEVELOPMENT CODE Transporting regulations 62-7
OF CITY.See:FINANCES Stopping and standing. See herein: Park-
MONIESing,Stopping and Standing
MONTHS Through streets,parking,etc.
Definitions and rules of construction 1-2 Certain ordinances not affected by Code. 1-10(a)(8)
Public service tax, monthly computation 70-34 Travel on other than streets or highways.. 74-1
Trucks
MONUMENTS AND MARKERS Applicability of provisions 74-27
Subdivisions Definitions 74-26
Land development code regulations 98-1 et seq. Exceptions 74-29
See: LAND DEVELOPMENT CODE Parking 74-60
Penalties 74-28
MOTION PICTURE THEATERS Truck loads 34-34
Adult motion picture theaters 10-176 Truck routes
MOTOR VEHICLES AND TRAFFIC Established 74-30
Alcoholic beverages Inside origin 74-30(2)
Motor vehicle regulations 6-51 et seq. Maps of truck routes 74-31
See:ALCOHOLIC BEVERAGES Outside origin 74-30(1)
Signs for truck routes 74-32
Concurrency management system 86-1 et seq. Vehicles for hire 80-1 et seq.
See:MOTOR VEHICLES AND TRAFFIC See:VEHICLES FOR HIRE
Dune parking prohibited 74-59
Exhaust MOTORBOATS
Noises,enumeration of prohibited 34-153(6) Exhaust
Fire lanes Noises,enumeration of prohibited 34-153(6)
Designation of 74-62
Handbills MUFFLERS
Placing in vehicles 34-52 Noises, enumeration of prohibited 34-153(6)
Land development code regulations re zon- MUSICAL INSTRUMENTS
ing 110-26 et seq. Noises, enumeration of prohibited 34-153(2)
See: LAND DEVELOPMENT CODE
Litter
Throwing by person in vehicles 34-33 N
Maps NATIONAL FIRE PREVENTION CODE.See:
Truck routes 74-31 FIRE PREVENTION
No parking zone,authority to establish 74-58
Noises NATIONAL ORIGIN DISCRIMINATION
Exhausts 34-153(6) Human rights,discrimination prohibited.. 40-28J
Supp. No. 1 CDi:30
CODE INDEX
‘141111e'
Section Section
NATURAL DISASTERS. See: CIVIL EMER- OBSCENITY. See: INDECENCY AND OB-
GENCIES SCENITY
NATURAL GAS
OBSTRUCTIONS
Public service tax
70-26 et seq. Signs
See:TAXATION
Land development code regulations 94-1 et seq.
NOISE See:LAND DEVELOPMENT CODE
Solid waste collection 62-11
Construction noise 34-154
Declaration of policy to prohibit noise 34-151
Enumeration of prohibited noises 34-153 OCCUPANCY
Land development code regulations re zon- Franchise regulations in general. See:
FRANCHISES(Appendix A)
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
OCCUPATIONAL LICENSE TAX. See: TAX-
Violations and penalties 34-152
ATION
NUDITY
Adult entertainment OFFENSES
Exhibit or display of certain anatomical Abandoned property 34-181 et seq.
areas by employees or patrons pro- See:ABANDONED PROPERTY
hibited 10-172 Certain ordinances not affected by Code... 1-10(a)(1)
Alcoholic beverage establishments Code does not affect prior offenses 1-8
Nudity on premises where served, con- Court costs for police education and train-
sumed or stored 6-27 ing 50-3
Public nudity 50-2 Effect of repeal of ordinances and offenses
committed 1-9(b)
NUISANCES General penalty 1-15
Abandoned property generally 34-181 et seq. Penalties for specific acts,omissions,viola-
L
See:ABANDONED PROPERTY tions, etc. See specific subjects as in-
General penalty 1-15(b) dexed
Noise generally 34-151 et seq. Public nudity 50-2
See:NOISE State misdemeanor acts adopted,penalties 50-1
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE OFFICERS AND EMPLOYEES
STANDARDS Animal control officer 14-27
Spill-over lighting 34-206 et seq. City clerk
See:LIGHTS AND LIGHTING Duties 2-116
Weeds and vegetation 34-121 et seq. City engineer
See:WEEDS AND DEAD VEGETATION Duties 2-141
Notice to remedy notices 34-123 City manager 2-101 et seq.
Public nuisances prohibited 34-122 See: CITY MANAGER
NUMBERS AND NUMBERING Powers and duties 2-101
City treasurer
Buildings and property 82-366 et seq. Duties
See:LAND DEVELOPMENT CODE 2-141
Classification
Definitions and rules of construction 1-2 Certain ordinances not affected by Code. 1-10(a)(14)
Vehicles for hire 80-76(e) Definitions and rules of construction 1-2
Number of passengers carried 80-79 Delegation of authority
Definitions and rules of construction.... 1-2
O Deputy city manager 2-102
Fire chief 38-56, 38-58
OATH,AFFIRMATION,SWEAR OR SWORN Fire department
Definitions and rules of construction 1-2 Compensation 38-56
Joint authority
OBLIGATIONS Definitions and rules of construction1-2
Certain ordinances not affected by Code... 1-10(a)(2) Police chief 42-26
Precinct supervisor 42-26
OBNOXIOUS SUBSTANCES Salaries
Property maintenance standards 34-91 et seq. Certain ordinances not affected by Code. 1-10(a)(14)
(1111111101 See: PROPERTY MAINTENANCE Sergeant at arms
STANDARDS City council 2-63
Supp.No. 1 CDi:31
CAPE CANAVERAL CODE
Section Section
ORDINANCES,RESOLUTIONS, ETC. PARKS AND RECREATION—Cont'd.
City attorney Street excavations 66-61 et seq.
Duties 2-126(4) See:STREETS,SIDEWALKS AND OTH-
City council ER PUBLIC WAYS
Preparation of ordinances and resolutions Wetlands protection 106-26 et seq.
prior to meetings 2-59 See: LAND DEVELOPMENT CODE
County animal control ordinance 14-26 et seq.
See:ANIMALS AND FOWL PARTNERSHIPS
Franchise regulations in general. See: Persons; definitions and rules of construc-
FRANCHISES(Appendix A) tion extended and applied to 1-2
Street abandonment,ordinance required.. 66-39
OUTDOOR ADVERTISING PEDDLERS, CANVASSERS AND SOLICI-
TORS
Signs Definitions 16-26
Land development code regulations 94-1 et seq. Fraud 16-30
See:LAND DEVELOPMENT CODE Harassment prohibited 16-28
OUTDOOR ENTERTAINMENT Permission to enter premises required 6-27
Compliance with other laws 10-47 Permit
Definitions 10-46 Appeals 16-56
Exceptions to provisions 10-50 Application 16-52
Fees schedule in general. See: FEES (Ap- Badge for solicitors 16-57
pendix B) Exhibition of permit on request 16-58
Occupational license required 10-49 Investigation;denial or issuance of;record 16-53
Penalties for violations 10-48 Notice of hearing 16-55
Permit Required 16-51
Application 10-62 Revocation 16-54
Cash cleanup bond 10-64 Report of violations 16-31
Fee 10-63 Solicitor to leave when requested 16-29
Required 10-61
PENALTIES. See: FINES, FORFEITURES
OWNER AND OTHER PENALTIES
Definitions and rules of construction 1-2
PERSON
P Definitions and rules of construction 1-2
PARKING PERSONNEL. See: OFFICERS AND EM-
General regulations 74-56 et seq. PLOYEES
See:MOTOR VEHICLES AND TRAFFIC
PARKS AND RECREATION PHONOGRAPHS
Alcoholic beverages Noises,enumeration of prohibited 34-153(2)
Possession and consumption 6-52
Animals PHOTOGRAPHY
Prohibited in parks 14-28 Motion and still photography production
Beautification board 2-181 et seq. permits
See:BEAUTIFICATION BOARD Application for permit 16-66
Concurrency management 86-1 et seq. City manager to act as agent for city ... 16-64
See:LAND DEVELOPMENT CODE Definitions 16-63
Fees schedule in general. See: FEES (Ap- Nonexemption from other city Code re-
pendix B) quirements 16-67
Glass container prohibited 54-1 Purposes 16-61
Impact fees generally 2-231 et seq. Recovery of costs for extraordinary ser-
See:IMPACT FEES vices 16-68
Litter Required 16-65
Throwing in river or other body of water Suspension and revocation 16-65
in parks 34-36 Title 16-60
Recreation board Violations and penalties - 16-65
Duties 54-28
Established 54-26 PIPE LINES
Indebtedness 54-29 Franchise regulations in general. See:
solit)
Vacation of office 54-27 FRANCHISES(Appendix A)
Supp. No. 1 CDi:32
CODE INDEX
‘111100?-
Section Section
PLANNED UNIT DEVELOPMENTS PLANNING AND DEVELOPMENT—Cont'd.
Land development code regulations re zon- Street excavations 66-61 et seq.
ing 110-26 et seq. See:STREETS,SIDEWALKS AND OTH-
See: LAND DEVELOPMENT CODE ER PUBLIC WAYS
Subdivisions
PLANNING AND DEVELOPMENT Land development code regulations 98-1 et seq.
Beautification board 2-181 et seq. See: LAND DEVELOPMENT CODE
See:BEAUTIFICATION BOARD Threshold buildings 82-324 et seq.
Commercial development board 22-26 et seq. See: LAND DEVELOPMENT CODE
See: COMMERCIAL DEVELOPMENT Tree protection, land clearing 102-36 et seq.
BOARD See: LAND DEVELOPMENT CODE
Comprehensive plan PLANT LIFE.See:WEEDS AND DEAD VEG-
Designation of agency,department,com- ETATION
mittee or person to prepare 58-58
Flood damage prevention 90-26 et seq. PLATS. See:SURVEYS, MAPS AND PLATS
See:LAND DEVELOPMENT CODE
Franchise regulations in general. See: PLUMBING
FRANCHISES(Appendix A) Adult entertainment establishments 10-165(b)
Impact fees generally 2-231 et seq. Fees schedule in general. See: FEES (Ap-
See: IMPACT FEES pendix B)
Land development code regulations re zon- Flood damage prevention 90-26 et seq.
ing 110-26 et seq. See: LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Gas code 82-171 et seq.
Local planning agency See: GAS CODE
Designation and establishment 58-56 Plumbing code
Designation of agency,department, coin- Administrative authority or official 82-147
(1101111101mittee or person to prepare compre-
hensive plan 58.58 Amendments 82-148
Duties and responsibilities 58-57 Public service tax 70-26 et seq.
Master plan See: TAXATION
Preparation and scope by planning and Sanitary sewer system 78-26 et seq.
zoning board 58-35 See: SEWERS AND SEWAGE DISPOS-
AL
Plan checking fee
Fees schedule in general.See:FEES(Ap- Maintenance of plumbing system 78-35
pendix B) POLES AND WIRES
Planning and zoning board Signs
Alternate members 58-32 Land development code regulations 94-1 et seq.
Beautification board,coordination with . 2-185 See: LAND DEVELOPMENT CODE
Conflict of interest 58-29
Duties 58-34 POLICE DEPARTMENT
Established; organization; terms; chair- Court costs for police education and train-
man 58-26 ing 50-3
Ex officio members 58-28 Fees schedule in general. See: FEES (Ap-
Indebtedness 58-36 pendix B)
Master plan preparation and scope 58-35 Police department
Minutes 58-33 Duties of chief of police and/or precinct
Qualifications 58-27 supervisor 42-26
Quorum 58-31 Vehicles for hire
Rules of procedure 58-30 Receiving police radio calls prohibited;ra-
Subdivisions dios which may be used 80-81
Land development code regulations... 98-1 et seq.
See:LAND DEVELOPMENT CODE POLITICAL SIGNS
Sanitary sewer system 78-26 et seq. Signs
See: SEWERS AND SEWAGE DISPOS- Land development code regulations 94-1 et seq.
AL See: LAND DEVELOPMENT CODE
Signs
(4111111111i Land development code regulations 94-1 et seq. PRIVATE CLUBS
See: LAND DEVELOPMENT CODE Human rights,discrimination prohibited.. 40-28
Supp.No. 1 CDi:33
CAPE CANAVERAL CODE
Section
Section ',iv)
PROCEEDINGS.See:SUITS,ACTIONS AND PUBLIC WORKS AND IMPROVEMENTS—
OTHER PROCEEDINGS Cont'd.
Land development code regulations re zon-
PROFESSIONS ing 110-26 et seq.
Occupational license tax 70-66 et seq. See: LAND DEVELOPMENT CODE
See:TAXATION Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT
PROPERTY Public service tax generally 70-26 et seq.
Abandoned property generally 34-180 et seq. See: TAXATION
See:ABANDONED PROPERTY Signs
Litter Land development code regulations 94-1 et seq.
Notice and order for removal from private See: LAND DEVELOPMENT CODE
property 34-67 Street excavations 66-61 et seq.
Signs See:STREETS,SIDEWALKS AND OTH-
Land development code regulations 94-1 et seq. ER PUBLIC WAYS
See: LAND DEVELOPMENT CODE Subdivisions
PROPERTY MAINTENANCE STANDARDS Land development code regulations 98-1 et seq.
Authority 34-92 See:LAND DEVELOPMENT CODE
Building appearance and maintenance 34-98 Weeds and vegetation 34-121 et seq.
Definitions 34-91 See:WEEDS AND DEAD VEGETATION
Duties and responsibilities for maintenance 34-97 Wetlands protection 106-26 et seq.
Enforcement 34-95 See: LAND DEVELOPMENT CODE
Landscape appearance and maintenance 34-99 PURCHASES AND PURCHASING
Purpose 34-94 Availability of funds 2-225
Scope 34-93 Award to other than low bidder 2-218(7)
Sign appearance and maintenance 34-100 Bid deposits 2-218(3)
Standards established 34-96
Bid opening 2-218(4)
PUBLIC NUDITY.See:NUDITY Blanket purchase orders 2-224
City bidders list 2-218(2)
PUBLIC RECORDS. See: RECORDS AND Cooperative purchasing 2-222
REPORTS Definitions 2-216
Emergency purchase 2-221
PUBLIC SERVICE TAX Franchise regulations in general. See:
Generally 70-26 et seq. FRANCHISES(Appendix A)
See:TAXATION Ineligible contractors 2-218(6)
Notice 2-218(1)
PUBLIC SEWERS.See:SEWERS AND SEW- Open market purchase procedures 2-219
AGE DISPOSAL Performance bond 2-218(9)
Procedure 2-218
PUBLIC THOROUGHFARES. See: Prohibition of interest
STREETS, SIDEWALKS AND OTHER Financial interest 2-226(a)
PUBLIC WAYS Gifts and rebates 2-226(b)
Purpose 2-217
PUBLIC VEHICLES
Rejection of bids 2-218(5)
Vehicles for hire 80-1 et seq. Sole source 2-220
See:VEHICLES FOR HIRE Subdivision,prohibition against 2-223
PUBLIC WAYS.See:STREETS,SIDEWALKS Tie bids 2-218(8)
AND OTHER PUBLIC WAYS Utilities service
Purchase of 70-33
PUBLIC WORKS AND IMPROVEMENTS Without collecting public service tax,pur-
Beautification board 2-181 et seq. chase of 70-37
See:BEAUTIFICATION BOARD
Certain ordinances not affected by Code... 1-10(a)(11) PYROTECHNICS.See: FIREWORKS
Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq. R
See:LAND DEVELOPMENT CODE
Franchise regulations in general. See: RACIAL DISCRIMINATION
FRANCHISES(Appendix A) Human rights,discrimination prohibited.. 40-28
Supp. No. 1 CDi:34
LIIII.e CODE INDEX
Section Section
RADIOLOGICAL WASTE. See: SOLID RESIDENTIAL PLANNED UNIT DEVELOP-
WASTE MENTS
Land development code regulations re zon-
RADIOS ing 110-26 et seq.
Noises,enumeration of prohibited 34-153(2) See: LAND DEVELOPMENT CODE
Vehicles for hire
Receiving police radio calls prohibited;ra- REVENUES OF CITY.See:FINANCES
dios which may be used 80-81 REZONING
RAILROADS AND TRAINS Certain ordinances not affected by Code... 1-10(a)(9)
Franchise regulations in general. See: RIGHTS
FRANCHISES(Appendix A) Certain ordinances not affected by Code... 1-10(a)(4)
Code does not affect prior rights established
RECORDS AND REPORTS or occurring 1-8
Adult entertainment licenses 10-125
Alarms ROAD SIGNS
Reports required 30-31 Signs
City clerk Land development code regulations 94-1 et seq.
Duties 2-116(1) See:LAND DEVELOPMENT CODE
Franchise regulations in general. See: ROBBERY ALARMS.See:ALARM SYSTEMS
FRANCHISES(Appendix A)
Litter abatement 34-66 RUBBISH. See:SOLID WASTE
Occupational license tax
Form signing of licenses; report of infor- S
mation 70-70
Records of issued licenses 70-86 SALES
Records of licensees 70-87 Adult entertainment establishments
LeSewers Sale to minors 10-170
Industrial or commercial wastewater Utility service without collection of public
monitoring reporting re discharges . 78-100 service tax 70-40
Solicitors,peddlers and itinerant merchants
SANITARY SEWER SYSTEM.See:SEWERS
Permit record 16-53
Report of violations 16-31 AND SEWAGE DISPOSAL
Subdivisions SCREENS AND SCREENING
Land development code regulations 98-1 et seq. Property maintenance standards 34-91 et seq.
See: LAND DEVELOPMENT CODE See: PROPERTY MAINTENANCE
Threshold buildings,special inspector daily STANDARDS
report 82-346
Vehicles for hire SEA TURTLES. See:ANIMALS AND FOWL
Maintenance of records 80-85
Report to accidents 80-88 SEAL OF CITY
City clerk
RECYCLABLE MATERIALS Duties 2-116(1)
Residences 62-9(b) SEPTIC TANKS
Solid waste generally 62-1 et seq. Sanitary sewer requirements 78-34
See:SOLID WASTE
SERGEANT AT ARMS
REFUSE. See: SOLID WASTE City council 2-63
REGULAR MEETINGS SETBACKS
City council 2-56 Land development code regulations re zon-
ing 110-26 et seq.
RESIDENTIAL DISTRICTS See: LAND DEVELOPMENT CODE
Land development code regulations re zon- SEWERS AND SEWAGE DISPOSAL
ing 110-26 et seq. Building sewers and connections.See here-
See:LAND DEVELOPMENT CODE in: Industrial and Commercial Use
Signs 94-96 et seq. Commercial use.See herein:Industrial and
Solid waste Commercial Use
(111111.0e Fees schedule in general.See:FEES(Ap- Concurrency management 86-1 et seq.
pendix B) See: LAND DEVELOPMENT CODE
Supp. No. 1 CDi:35
CAPE CANAVERAL CODE
Section Section
SEWERS AND SEWAGE DISPOSAL—Cont'd. SEWERS AND SEWAGE DISPOSAL—Cont'd.
Connection with sewer Enforcement; authority; minimum stan-
Late connection charge 78-28 dards 78-53
Required 78-27 Inspectors
Unlawful connection 78-29 Power and authority of 78-56
Crossing property of another to make con- Judicial remedies 78-61
nections 78-39 Public sewers, use of required 78-55
Deposit required 78-151 Publication of significant violation 78-62
Disposal 78-33 Purpose 78-52
Failure to maintain plumbing system 78-36 Rates and charges
Fees schedule in general. See: FEES (Ap- Surcharge for abnormal strength wastes 78-111
pendix B) Right of refusal 78-57
Free service 48-37 Land development code regulations re zon-
Impact fees ing 110-26 et seq.
Change of use 78-128 See:LAND DEVELOPMENT CODE
Collection over certain time; promissory Maintenance of plumbing system 78-35
note 78-124 Monthly sewer rates 78-152
Cost of living increase 78-129 Old plumbing, connecting 78-31
Established 78-121 Payment of sewer charges required 78-153
Excessive quantity of wastewater 78-123 Penalties 78-26
Full payment required prior to issuance Private water supply
of certificate or license 78-125 Sewer fees where owner has 78-154
Generally 2-231 et seq. Public service tax generally 70-26 et seq.
See:TAXATION
See: IMPACT FEES
Rates h
Issuance of certificate of occupancy upon w
Monthly charges
r
sewer rates 78-152
full payment 78-126 Payment of sewer charges required 78-153
Offsite sewage plumbing 78-131 Sewer fees where owner has private wa-
Payment 78-122 ter supply 78-154
Port Canaveral customers 78-130 Sanitary requirements 78-32
Use of funds 78-127 Separate connection for each separate build-
Industrial and commercial use ing 78-38
Administrative enforcement procedures. 78-59 Septic tanks 78-34
Administrative penalties 78-60 Sewer fees where owner has private water
Applicability of provisions 78-54 supply 78-154
Building sewers and connections Subdivisions
Connecting sources of surface runoff or Land development code regulations 98-1 et seq.
groundwater 78-84 See: LAND DEVELOPMENT CODE
Cost of installation;indemnification 78-78 Unlawful connection 78-29
Elevations 78-82 Unlawful construction 78-30
Excavations 78-83 Wastewater discharge permits 78-98
Notice of inspection and connection... 78-79 SEXUAL DISCRIMINATION
Old building sewers 78-80 Human rights,discrimination prohibited.. 40-28
Permit for connections
Application 78-77(b) SHOPPING CENTERS
Required 78-77(a) Signs
Public sewers,connection to 78-85 Land development code regulations 94-1 et seq.
Separate sewers for each building .... 78-76 See: LAND DEVELOPMENT CODE
Specifications 78-81 SHOUTING
Definitions 78-51 Noises, enumeration of prohibited 34-153(4)
Discharges SHOWS
Fees 78-99 Adult entertainment
General prohibitions and limitations78-96 Generally 10-46 et seq.
Industrial or commercial wastewater See:ADULT ENTERTAINMENT
monitoring and reporting 78-100
Permission to use sewer system;waste- SIDEWALKS. See: STREETS, SIDEWALKS
water discharge permit 78-98 AND OTHER PUBLIC WAYS
Prohibited wastes,control of 78-97 SIGNS AND BILLBOARDS
Wastewater discharge permit 78-98 Fees schedule in general. See: FEES (Ap-
Emergency,termination of service in78-58 pendix B)
Supp. No. 1 CDi:36
CODE INDEX
Liii
Section Section
SIGNS AND BILLBOARDS—Cont'd. SOLID WASTE—Cont'd.
Handbills Container of another 62-11(b)
Litter regulations 34-51 et seq. Hazardous materials 62-11(f)
See: LITTER Obstruction 62-11(a)
Property maintenance standards Unlawful accumulations 62-11(d)
Sign appearance and maintenance 34-100 Unlawful disposal 62-11(e)
Specific regulations pertaining signs 94-1 et seq.
See:SIGNS AND BILLBOARDS SOUND AMPLIFIERS
Truck routes,signs for 74-32 Noises,enumeration of prohibited 34-153(3)
SINGING STANDARD FIRE PREVENTION CODE.See:
Noises,enumeration of prohibited 34-153(4) FIRE PREVENTION
SITE PLANS STATE
Fees schedule in general. See: FEES (Ap- Abandoned property
pendix B) Notification of owner; following removal
Land development code regulations re zon- by city
ing 110-26 et seq. Documentation filed with state 34-185(e)
See:LAND DEVELOPMENT CODE Adult entertainment
Planning and zoning board 58-26 et seq. Compliance with state requirements.... 10-163
See:PLANNING AND ZONING BOARD Definitions and rules of construction 1-2
Election code adopted 26-1
SOLAR ENERGY STANDARDS Law
Adopted 82-221 City attorney
Compliance with building code 82-223 Duties 2-126(3)
Permit fee 82-222 Misdemeanor acts adopted, penalty 50-1
SOLICITORS. See: PEDDLERS, CANVASS-LParking,state law adopted 74-56
ERS AND SOLICITORS Threshold buildings,state law adopted82-321 ille
Vehicles for hire
SOLID WASTE Application of provisions to vehicle,oper-
City ator regulator by state government. 80-2
Authority to collect 62-3
Ownership by city 62-4 STORAGE
Complaint procedure 62-6 Abandoned vehicles on private property... 34-181
Concurrency management 86-1 et seq. Fireworks
See:LAND DEVELOPMENT CODE Storage of materials 38-87
Containers STORM DRAINAGE
Required 62-8 Certain ordinances not affected by Code... 1-10(a)(17)
Definitions 62-1 Subdivisions
Fees schedule in general. See: FEES (Ap- Land development code regulations 98-1 et seq.
pendix B) See:LAND DEVELOPMENT CODE
Ownership by city 62-4
Penalties 62-2 STORMWATER MANAGEMENT
Proper disposal prerequisite to collection62-10 Coastal construction code 82-81 et seq.
Regulations on file 62-12 See: LAND DEVELOPMENT CODE
Residential solid waste pickup conditions Fees schedule in general. See: FEES (Ap-
Location of solid waste containers 62-9(f) pendix B)
Pickup 62-9(e) Sanitary sewer system 78-26 et seq.
Recyclable material 62-9(b) See: SEWERS AND SEWAGE DISPOS-
Separation of solid waste 62-9(a) AL
Solid waste 62-9(d) Street excavations 66-61 et seq.
Yard waste 62-9(c) See:STREETS,SIDEWALKS AND OTH-
Sanitary sewer system 78-26 et seq. ER PUBLIC WAYS
See: SEWERS AND SEWAGE DISPOS- Wetlands protection 106-26 et seq.
AL See: LAND DEVELOPMENT CODE
Schedule of fees 62-5
Transporting 62-7 STREETS,SIDEWALKS AND OTHER PUB-
Tree protection, land clearing 102-36 et seq. LIC WAYS
Lile See: LAND DEVELOPMENT CODE Adult entertainment
Unlawful acts Covering glass areas facing public thor-
Burning or burying of solid waste 62-11(c) oughfares 10-164
Supp.No. 1 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(a)(8)
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: See:MOTOR VEHICLES AND TRAFFIC
FRANCHISES(Appendix A) Weeds and vegetation 34-121 et seq.
Grades See:WEEDS AND DEAD VEGETATION
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 See:LAND DEVELOPMENT CODE
STANDARDS 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. 1 CDi:38
CODE INDEX
Section Section
SUBDIVISIONS—Cont'd. TAXATION—Cont'd.
Sanitary sewer system 78-26 et seq. Definitions 70-66
See: SEWERS AND SEWAGE DISPOS- Delinquencies 70-76
AL Engaging in business
Street excavations 66-61 et seq. Evidence of engaging in business 70-72
See:STREETS,SIDEWALKS AND OTH- Without paying tax or making reports 70-71
ER PUBLIC WAYS Exemptions 70-83
Wetlands protection 106-26 et seq. Insurance 70-84
See:LAND DEVELOPMENT CODE Levied 70-67
SUITS,ACTIONS AND OTHER PROCEED- Licenses
INGS Application for
Codes does not affect prior acts committed False statements in 70-73
or done 1-8 Businesses not otherwise designated,li-
Effect of repeal of ordinances on suits or cense tax for 70.88
proceedings pending 1_9(b) Display of license 70.79
Duplicate,issuance of 70-80
SURFACE DRAINAGE Failure to obtain or renew license 70-75
Subdivisions Form of licenses 70-70
Land development code regulations 98-1 et seq. Issuance
See: LAND DEVELOPMENT CODE Payment of tax prerequisite to 70-69
SURVEYS,MAPS AND PLATS Records of issued licenses 70-86
Amendment to zoning map License year 70-74
Certain ordinances not affected by Code. 1-10(a)(9) Multiple licenses 70.78
City engineer Payment of tax prerequisite to issu-
Duties 2-151(1) ance 70-69
Dedicating or accepting Preservation of license 70.79
Certain ordinances not affected by Code. 1-10(a)(12) Records of licensees 70.87
LIrne Franchise regulations in general. See: Report of information 70-70
FRANCHISES(Appendix A) Required 70-69
Outdoor entertainment permit requirements 10-62(2) Separate license required for each place
Subdivisions of business 70.77
Land development code regulations 98-1 et seq. Signing of licenses 70-70
See:LAND DEVELOPMENT CODE Term of license 70-74
Truck routes,map of 74-31 Transferability 70-81
Proration of tax 70-74
SWEAR OR SWORN.See:OATH,AFFIRMA- Rate schedule 70.89
TION,SWEAR OR SWORN Records of licensees 70.87
Refunds 70.82
SWIMMING POOLS Tax payment date 70-74
Electric wiring for 82-124 Violations and penalties 70-68
Land development code regulations re zon- Failure to obtain or renew license 70-75
ing 110-26 et seq. Public service tax
See:LAND DEVELOPMENT CODE Applicability 70-28
Swimming pool code Appropriation of revenue 70-44
Administrative authority or official 82-247 Authority; findings 70-27
Adopted 82-246 Collection 70-35
Computation 70-32
T Continuance of tax and appropriation70-45
Definitions 70-26
TAXATION Discontinuance of utilities service 70-39
Certain ordinances not affected by Code... 1-10(a)(7) Exemptions 70-30
Fees schedule in general. See: FEES (Ap- Failure to pay tax
pendix B) Collected 70-38
Franchise regulations in general. See: Generally 70-42
FRANCHISES(Appendix A) Levied 70-29
Local improvements Monthly computation 70-34
Certain ordinances not affected by Code. 1-10(a)(11) Payment 70-31
Occupational license tax Payment of utilities service without pay-
Contractors and subcontractors ment of tax 70-41
Special requirements for 70-85 Penalty 70-43
Supp. No. 1 CDi:39
CAPE CANAVERAL CODE
Section Section J
TAXATION—Cont'd. TOPOGRAPHY
Purchase of utilities service Property maintenance standards 34-91 et seq.
Generally 70-33 See: PROPERTY MAINTENANCE
Without collecting tax 70-37 STANDARDS
Records 70-36 Subdivisions
Sale of utilities service without collection Land development code regulations 98-1 et seq.
of tax 70-40 See: LAND DEVELOPMENT CODE
Vehicles for hire
Licenses and fees to be in addition to oth- TORNADOS
er taxes and charges 80-3 Civil emergencies generally 18-1 et seq.
See: CIVIL EMERGENCIES
TAXICABS.See:VEHICLES FOR HIRE
TOWING
TECHNICAL CODES Abandoned property
Amusement device code 10-26 Liability of owner for towing,storage ex-
Building codes 82-1 et seq. penses 34-188
See:LAND DEVELOPMENT CODE
Coastal construction code 82-81 et seq. TOWNHOUSES
See:LAND DEVELOPMENT CODE Land development code regulations re zon-
Excavation and grading code 82-296,82-297 ing 110-26 et seq.
Fire prevention code 38-26 et seq. See: LAND DEVELOPMENT CODE
See:FIRE PREVENTION TOXIC WASTE. See:SOLID WASTE
Gas code 82-171 et seq.
See:LAND DEVELOPMENT CODE TRADES
Housing code 82-271 et seq. Occupational license tax 70-66 et seq.
See:LAND DEVELOPMENT CODE See:TAXATION
Life Safety Code 38-28, 38-29
Mechanical code 82-196 et seq. TRAFFIC. See: MOTOR VEHICLES AND
See:LAND DEVELOPMENT CODE TRAFFIC
National Fire Prevention Code 38-26, 38-27
Plumbing code 82-146 et seq. TRASH.See:SOLID WASTE
See:LAND DEVELOPMENT CODE
Solar energy standards 82-221 et seq. TREASURER.See: CITY TREASURER
See:LAND DEVELOPMENT CODE TREES AND SHRUBBERY
Standard existing building code adopted 82-33 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
•
Unsafe building abatement code 82-56 et seq. See: IMPACT FEES
See: LAND DEVELOPMENT CODE Tree protection
Land clearing 102-36 et seq.
TELEGRAPH SERVICES See: LAND DEVELOPMENT CODE
Public service tax generally 70-26 et seq. Weeds and vegetation 34-121 et seq.
See:TAXATION See:WEEDS AND DEAD VEGETATION
TELEPHONES TRUCKS
Franchise regulations in general. See: Load regulations re litter 34-34
FRANCHISES(Appendix A) Parking 74-60
Telephone alarm devices 30-32 Traffic regulations 74-26 et seq.
See:MOTOR VEHICLES AND TRAFFIC
TELEVISIONS TURTLES
Franchise regulations in general. See: Sea turtles 14-51 et seq.
FRANCHISES(Appendix A) See:ANIMALS AND FOWL
Noises,enumeration of prohibited 34-153(2)
TENSE
Definitions and rules of construction 1-2
UNSAFE BUILDING ABATEMENT CODE
TIME Administrative authority or official 82-57
Computation of time Adopted 82-56
Definitions and rules of construction.... 1-2 Amendments 82-58
Supp. No. 1 CDi:40
LCODE INDEX
Section Section
UTILITIES VEHICLES FOR HIRE—Cont'd.
Electrical code 82-116 et seq. Cruising, soliciting business prohibited ... 80-83
See:LAND DEVELOPMENT CODE Definitions 80-1
Excavation and grading code 82-296, 82-297 Driver's attendance to vehicles 80-84
Flood damage prevention 90-26 et seq. Driver's permit
See:LAND DEVELOPMENT CODE Application 80-53
Franchise regulations in general. See: Fees 80-55
FRANCHISES(Appendix A) Fees schedule in general.See:FEES(Ap-
Gas code 82-171 et seq. pendix B)
See:LAND DEVELOPMENT CODE Investigation; issuance, denial;posting.. 80-54
Housing code 82-271 et seq. Penalty 80-52
See:HOUSING Required 80-51
Impact fees generally 2-231 et seq. Surrender; revocation;suspension 80-57
See: IMPACT FEES Transferability; term of validity 80-56
Land development code regulations re zon- Federal or state government
ing 110-26 et seq. Application to vehicles,operators regulat-
See:LAND DEVELOPMENT CODE ed by 80-2
Mechanical code 82-196, 82-197 Fees schedule in general. See: FEES (Ap-
Plumbing code 82-146 et seq. pendix B)
See:LAND DEVELOPMENT CODE Insurance 80-5
Public service tax generally 70-26 et seq. Licenses and fees to be in addition to other
See:TAXATION taxes and charges 80-3
Sanitary sewer system 78-26 et seq. Lost money or property 80-86
See: SEWERS AND SEWAGE DISPOS- Maintenance of records 80-85
AL Nonpaying passengers with paying passen-
Service rate,deposits and billing procedures gers, transporting of 80-80
Deposit required 78-151 Number of passengers carried 80-79
‘111111e Monthly sewer rates 78-152 Police radio calls, receiving prohibited; ra-
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 OTH- Required equipment; standards
ER PUBLIC WAYS Compliance 80-76(a)
Swimming pool code 82-246, 82-247 General mechanical condition;cleanliness;
Threshold buildings 82-321 et seq. 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(0
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
VEHICLES FOR HIRE W
Accidents
Report of 80-88 WASTEWATER
Alcoholic beverages 80-87 Sewer impact fees
Certificate of public convenience and neces- Excessive quantity of 78-123
sity license
Application 80-27 WATER SUPPLY AND DISTRIBUTION
Approval 80-28 Adult entertainment establishments 10-165(a)
Burden of proof 80-29 Concurrency management 86-1 et seq.
Expiration 80-30 See: LAND DEVELOPMENT CODE
Required 80-26 Flood damage prevention 90-26 et seq.
Suspension and revocation 80-31 See: LAND DEVELOPMENT CODE
cissoi Transfer 80-32 Impact fees generally 2-231 et seq.
Compliance with provisions 80-4 See: IMPACT FEES
Supp.No. 1 CDi:41
CAPE CANAVERAL CODE
Section
Section
WATER SUPPLY AND DISTRIBUTION— Z
Cont'd.
Public service tax generally 70-26 et seq. ZONING
See:TAXATION Adult entertainment establishments
Sanitary sewer system 78-26 et seq. Distance and dispersal requirements.... 10-166
See: SEWERS AND SEWAGE DISPOS- Amendments to map
Certain ordinances not affected by Code. 1-10(a)(9)
AL
Subdivisions Fees schedule in general. See: FEES (Ap-
Land development code regulations 98-1 et seq. pendix B)
See:LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq.
Swimming pool code 82-246,82-247 See: LAND DEVELOPMENT CODE
Land development code 110-1 et seq.
WATERWAYS AND WATERCOURSES See: LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq. Local planning agency 58-56 et seq.
See:LAND DEVELOPMENT CODE See:PLANNING AND DEVELOPMENT
Land development code regulations re zon- Planning and zoning board 58-26 et seq.
ing 110-26 et seq. See:PLANNING AND ZONING BOARD
See:LAND DEVELOPMENT CODE Political signs 94-78
Throwing in river or other body of water.. 34-36 Signs
Wetlands protection 106-26 et seq. Land development code regulations 94-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
EDS AND DEAD VEGETATION Street excavations 66-61 et seq.
WE
AER nUBLIC WAYS
peal 34-125 See:STREETS,SIDEWALKS AND OTH-
Fees schedule in general. See: FEES (Ap-
Subdivisions
pendix B) Land development code regulations 98-1 et seq.
Hearing 34-124 See:LAND DEVELOPMENT CODE
Intent 34-121 Weeds and vegetation 34-121 et seq.
Notice to remedy nuisance 34-123 See:WEEDS AND DEAD VEGETATION
Public nuisance prohibited 34-122 Wetlands protection 106-26 et seq.
Records 34-127 See: LAND DEVELOPMENT CODE
Remedies by city 34-126
Tree protection, land clearing 102-36 et seq.
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:
FRANCHISES(Appendix A)
Y
YARD WASTE. See: SOLID WASTE
YARDS AND OPEN SPACES
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
See:WEEDS AND DEAD VEGETATION
YELLING
Noises,enumeration of prohibited 34-153(4)
Supp. No. 1 CDi:42