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Supplement 24
SUPPLEMENT NO. 24 October 2015 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. 09-2015, adopted September 22, 2015. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages xi—xix xi xix Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:1, SH:2 SH:1 SH:3 CD2:5, CD2:6 CD2:5—CD2:6.1 CD22:3 CD22:10 CD22:3 CD22:10 CD50:1 CD50:1 CD50:3 CD50:5 CD50:3—CD50:5 CD54:1, CD54:2 CD54:1, CD54:2 CD54:9, CD54:10 CD54:9—CD54:10.1 CD62:1 CD62:1 CD62:3 CD62:7 CD62:3—CD62:8 CD98:14.3—CD98:18.1 CD98:15—CD98:18.1 CD 102:3—CD 102:10 CD 102:3—CD 102:10.1 CD110:7, CD110:8 CD110:7, CD110:8 CD 110:39, CD 110:40 CD 110:39—CD 110:40.1 CD 110:60.1—CD 110:62 CD 110:60.1—CD 110:61 CD110:75, CD110:76 CD110:75 CD110:76.1 CD110:81—CD110:102.1 CD110:81 CD110:102.5 CDA:1, CDA:2 CDA:1, CDA:2 CDA:27, CDA:28 CDA:27—CDA:61 CDA:63—CDA:66 CCT:27 CCT:27, CCT:28 CDi:1, CDi:2 CDi:1 CDi:2.1 CDi:11, CDi:12 CDi:11—CDi:12.1 CDi:21 CDi:24 CDi:21—CDi:24.1 CDi:33—CDi:36 CDi:33—CDi:36 CDi:41—CDi:46 CDi:41—CDi:46 INSTRUCTION SH ERT—Cont'd. Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. municode Municipal Code Corporation • PO Box 2235 Tallahassee,FL 32316 info@municode.com • 800.262.2633 fax 850.575.8852 • www.municode.com TABLE OF CONTENTS Page Current Officials (2013) iii Officials of the City at the Time of this Codification iv.i Preface v Adopting Ordinance ix Checklist of Up-to-Date Pages [1] Supplement History Table SH:1 PART I CHARTER Charter CHT:1 Art. I. Powers of the City CHT:3 Art. II. City Council CHT:4 Art. III. City Manager CHT:8 Art. IV. Departments, Offices and Agencies CHT:8 Art. V. Financial Management CHT:9 Art. VI. Elections CHT:11 Art. VII. General Provisions CHT:14 Art. VIII. Charter Amendment CHT:14 Art. IX. Transition and Severability CHT:15 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 2. Administration CD2:1 Art. I. In General CD2:5 Art. II. City Council CD2:5 Div. 1. Generally CD2:5 Div. 2. Compensation CD2:7 Div. 3. Meetings CD2:7 Art. III. Officers and Employees CD2:12 Div. 1. Generally CD2:12 Div. 2. City Manager CD2:12 Div. 3. City Clerk CD2:13 Div. 4. City Attorney CD2:13 Div. 5. Reserved CD2:14 Supp. No. 24 xi CAPE CANAVERAL CODE Chapter Page Div. 6. Reserved CD2:14 Art. IV. Boards, Committees, Commissions CD2:14 Div. 1. Generally CD2:14 Div. 2. Reserved CD2:14.4 Art. V. Finance CD2:14.4 Div. 1. Generally CD2:14.4 Div. 2. Purchasing CD2:14.9 Div. 3. Impact Fees CD2:16 Art. VI. Code Enforcement CD2:19 Div. 1. Generally CD2:19 Div. 2. Code Enforcement Board CD2:19 Div. 3. Code Enforcement Citations CD2:21 Div. 4. Criminal Nuisance Abatement Board CD2:26 Art. VII. Travel Reimbursement Policies and Proce- dures CD2:26 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 CD10:2.1 Art. II. Amusement Device Code CD10:2.1 Art. III. Outdoor Entertainment Events CD10:2.1 Div. 1. Generally CD10:2.1 Div. 2. Permit CD10:4 Art. IV. Sexually Oriented Business and Adult Enter- tainment Establishments CD10:6 Art. V. Slot Machines or Devices CD10:45 11-13. Reserved CD11:1 14. Animals CD14:1 Art. I. In General CD14:3 Art. II. County Animal Control Ordinance CD14:3 Art. III. Sea Turtles CD14:3 15. Reserved CD15:1 16. Businesses CD16:1 Art. I. In General CD16:3 Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3 Div. 1. Generally CD16:3 Div. 2. Permit CD16:3 Art. III. Motion and Still Photography Production Per- mits CD16:5 Supp. No. 24 Xii TABLE OF CONTENTS—Cont'd. Chapter Page 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. Business and Economic Development BoardCD22:3 Art. III. Community Appearance Review CD22:4 Art. IV. Community Redevelopment CD22:9 23-25. Reserved CD23:1 26. Elections CD26:1 27-29. Reserved CD27:1 30. Emergency Services CD30:1 Art. I. In General CD30:3 Art. II. Alarm Systems CD30:3 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. Reserved CD34:6 Art. III. Property Maintenance Standards CD34:6 Art. IV. Weeds and Dead Vegetation CD34:11 Art. V. Noise CD34:13 Art. VI. Abandoned Property CD34:14 Art. VII. Lights CD34:19 App. A. Diagram CD34:20 35. Reserved CD35:1 36. Fair Housing CD36:1 Art. I. In General CD36:3 Art. II. Discriminatory Practices CD36:6 37. Reserved CD37:1 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 CD38:8 Art. V. Hazardous Materials and Substances CD38:9 39. Reserved CD39:1 40. Human Relations CD40:1 Art. I. In General CD40:3 Supp. No. 24 xiii CAPE CANAVERAL CODE Chapter Page Art. II. Reserved 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. Culture and Leisure Services Board CD54:13 Art. III. Vessel Control and Water Safety CD54:13 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 CD58:4 59-61. Reserved CD59:1 62. Solid Waste CD62:1 63-65. Reserved CD63:1 66. Streets, Sidewalks and Other Public Places CD66:1 Art. I. In General CD66:3 Art. II. Streets CD66:5 Div. 1. Generally CD66:5 Div. 2. Abandonment CD66:5 Art. III. Excavations CD66:6 Div. 1. Generally CD66:6 Div. 2. Permit CD66:7 67-69. Reserved CD67:1 70. Taxation CD70:1 Art. I. In General CD70:3 Art. II. Public Service Tax CD70:3 Art. III. Local Business Tax CD70:6 71-73. Reserved CD71:1 74. Traffic and Vehicles CD74:1 Art. I. In General CD74:3 Supp. No. 24 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. II. Trucks CD74:3 Art. III. Stopping, Standing, Parking CD74:4 75-77. Reserved CD75:1 78. Utilities CD78:1 Art. I. In General CD78:3 Art. II. Sanitary Sewer System CD78:3 Div. 1. Generally CD78:3 Div. 2. Industrial and Commercial Use CD78:5 Subdiv. I. In General CD78:5 Subdiv. II. Building Sewers and Connections CD78:11 Subdiv. III. Discharges CD78:13 Subdiv. IV. Rates and Charges CD78:20 Div. 3. Impact Fees CD78:21 Art. III. Service Rates,Deposits and Billing Procedures CD78:23 Art. IV. Reclaimed Water CD78:25 Div. 1. Generally CD78:25 Div. 2. Installation and Inspection of the Reclaimed Water System CD78:26 Art. V. Stormwater Management CD78:28 Div. 1. Generally CD78:28 Div. 2. Fees and Taxes CD78:31 Div. 3. Administration CD78:35 Div. 4. Illicit Discharge and Connection CD78:35 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. General Administrative CD82:3 Art. II. Building Code CD82:7 Art. III. Unsafe Building Abatement Code CD82:8 Art. IV. Coastal Construction Code CD82:9 Art. V. Registration and Maintenance of Properties in Foreclosure CD82:9 Art. VI. Local Amendments to Florida Building Code, Building CD82:13 Art. VII. Reserved CD82:15 Art. VIII. Reserved CD82:15 Art. IX. International Property Maintenance Code CD82:15 Art. X. Reserved CD82:16 Supp. No. 24 xv CAPE CANAVERAL CODE Chapter Page Arts. XI—XIII. Reserved CD82:16 Art. XIV. Numbering of Buildings and Property CD82:16 Art. XV. Citations; Unlicensed Contractors; Failure to Obtain Building Permit CD82:17 Art. XVI. Temporary Storage Units CD82:19 83-85. Reserved CD83:1 86. Concurrency Management System CD86:1 Art. I. In General CD86:3 Art. II. Transportation Facility Proportionate Fair- Share Mitigation Program CD86:11 87-89. Reserved CD87:1 90. Floods CD90:1 Art. I. In General CD90:5 Art. II. Floodplain Management CD90:5 Div. 1. Administration CD90:5 Part A. General CD90:5 Part B. Applicability CD90:6 Part C. Duties and Powers of the Floodplain Administrator CD90:7 Part D. Permits CD90:9 Part E. Site Plans and Construction Docu- ments CD90:11 Part F. Inspections CD90:13 Part G. Variances and Appeals CD90:14 Part H. Violations CD90:16 Div. 2. Definitions CD90:16 Div. 3. Flood Resistant Development CD90:20 Part A. Buildings and Structures CD90:20 Part B. Subdivisions CD90:21 Part C. Site Improvements, Utilities and Lim- itations CD90:21 Part D. Manufactured Homes CD90:22 Part E. Recreational Vehicles and Park Trail- ers CD90:23 Part F. Tanks CD90:24 Part G. Other Development CD90:24 Art. III. Reserved CD90:26 Art. IV. Stormwater Management CD90:27 Div. 1. Generally CD90:27 Div. 2. Permit CD90:29 Div. 3. Performance Standards CD90:32 Div. 4. Design Standards CD90:33 Div. 5. Maintenance CD90:36 Art. V. Construction Site Stormwater Runoff Control CD90:37 91. Landscape Irrigation CD91:1 92. Fertilizer Land Application CD92:1 Supp. No. 24 xvi TABLE OF CONTENTS—Cont'd. Chapter Page 93. Reserved CD93:1 94. Signs CD94:1 Art. I. In General CD94:3 Art. II. Permits and Inspection CD94:11 Art. III. Size, Location and Construction CD94:14 Div. 1. Generally CD94:14 Div. 2. Types of Signs CD94:16 Div. 3. District Regulations CD94:20 Art. IV. Nonconforming Signs CD94:22 95-97. Reserved CD95:1 98. Subdivisions CD98:1 Art. I. In General CD98:3 Art. II. Plats and Lot Splits CD98:7 Div. 1. Generally CD98:7 Div. 2. Preapplication CD98:8 Div. 3. Preliminary Plat CD98:8 Div. 4. Final Plat CD98:11 Div. 5. Lot Splits CD98:13 Art. III. Construction CD98:13 Div. 1. Generally CD98:13 Div. 2. Permit CD98:13 Div. 3. Inspections; Certificate of Completion CD98:14 Art. IV. Improvements CD98:15 Div. 1. Generally CD98:15 Div. 2. Design Standards CD98:18.1 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 App.A. Tree Protection Area Signage CD102:21 103-105. Reserved CD103:1 106. Waterways CD106:1 Art. I. In General CD106:3 Art. II. Wetlands Protection CD106:3 107-109. Reserved CD107:1 110. Zoning CD110:1 Art. I. In General CD110:9 Art. II. Procedure; Land Use Decisions CD110:18 Div. 1. Generally CD110:18 Div. 2. Rezonings CD110:22 Div. 3. Variances CD110:23 Div. 4. Special Exceptions CD110:24 Supp. No. 24 XVii CAPE CANAVERAL CODE Chapter Page Div. 5. Administrative Appeals CD110:25 Art. III. Administration and Enforcement CD110:26 Div. 1. Generally CD110:26 Div. 2. Permits CD110:27 Div. 3. Certificate of Occupancy CD110:28 Div. 4. Reserved CD110:29 Art. IV. Special Exceptions CD110:29 Div. 1. Generally CD110:29 Div. 2. Alcoholic Beverages CD110:29 Art. V. Nonconformities CD110:31 Art. VI. Site Plans CD110:37 Art. VII. Districts CD110:40 Div. 1. Generally CD110:40 Div. 2. R-1 Low Density Residential District CD110:42 Div. 3. R-2 Medium Density Residential District CD110:44 Div. 4. R-3 Medium Density Residential District CD110:46 Div. 5. C-1 Low Density Commercial District CD110:46.3 Div. 6. M-1 Light Industrial and Research and De- velopment District CD110:46.7 Div. 7. Townhouses CD110:46.12 Div. 8. C-2 Commercial/Manufacturing District CD110:46.13 Art. VIII. Residential Planned Unit Developments CD110:46.17 Div. 1. Generally CD110:46.17 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 CD110:72.1 Div. 3. Offstreet Loading CD110:73 Div. 4. Home Occupations CD110:73 Div. 5. Setbacks CD110:74 Div. 6. Vehicles and Vessels CD110:75 Div. 7. Landscaping and Vegetation CD110:79 Div. 8. Swimming Pools CD110:80 Art. X. AlA Economic Opportunity Overlay DistrictCD110:81 Div. 1. Generally CD110:81 Div. 2. Administration CD110:87 Div. 3. Site Planning CD110:90 Div. 4. Architectural Guidelines CD110:94 Div. 5. Parking CD110:100 Div. 6. Landscaping CD110:101 Div. 7. Signage CD110:102.2 Art. XI. Planned Developments CD110:102.5 Div. 1. Generally CD110:102.5 Div. 2. Planned Development Plans CD110:105 111-114. Reserved CD111:1 115. Vested Rights CD115:1 Art. I. In General CD115:3 Supp. No. 24 xviii TABLE OF CONTENTS—Cont'd. Appendix Page A. Franchises CDA:1 Art. I. Cable Television Franchise (Reserved) CDA:3 Art. II. Electric CDA:14 Art. III. Gas Franchise Agreement CDA:17 Art. IV. Telephone (Reserved) CDA:28 Art. V. Water Franchise CDA:28 Art. VI. Solid Waste Franchise Agreement CDA:28 B. Schedule of Fees CDB:1 Code Comparative Table—Laws of Florida CCT:1 Code Comparative Table-1981 Code CCT:3 Code Comparative Table—Ordinances and Resolutions CCT:9 State Law Reference Table SLT:1 Charter Index CHTi:1 Code Index CDi:1 Supp. No. 24 xix -.awe 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. Page No. Supp. No. Page No. Supp. No. Title Page 22 CHTCT:1 OC iii 22 CHTCT:3 21 iv.i 22 CD1:1 OC v, vi OC CD1:3, CD1:4 OC vii OC CD 1:5, CD 1:6 12 ix, x 1 CD 1:7 12 xi, xii 24 CD2:1, CD2:2 22 xiii, xiv 24 CD2:3 22 xv, xvi 24 CD2:5, CD2:6 24 xvii, xviii 24 CD2:6.1 24 xix 24 CD2:7, CD2:8 22 SH:1, SH:2 24 CD2:9, CD2:10 23 SH:3 24 CD2:11, CD2:12 23 CHT:1, CHT:2 20 CD2:13, CD2:14 21 CHT:3, CHT:4 20 CD2:14.1, CD2:14.2 21 CHT:5, CHT:6 21 CD2:14.3, CD2:14.4 21 CHT:7, CHT:8 20 CD2:14.5, CD2:14.6 21 CHT:9, CHT:10 20 CD2:14.7, CD2:14.8 22 CHT:11, CHT:12 20 CD2:14.9, CD2:14.10 22 CHT:13, CHT:14 20 CD2:14.11 22 CHT:15 20 CD2:15, CD2:16 10 [11 Supp. No. 24 CAPE CANAVERAL CODE Page No. Supp. No. Page No. Supp. No. CD2:17, CD2:18 10 CD10:35, CD10:36 16 CD2:19, CD2:20 11 CD10:37, CD10:38 16 CD2:21, CD2:22 23 CD10:39, CD10:40 13 CD2:22.1 23 CD10:41, CD10:42 16 CD2:23, CD2:24 13 CD10:43, CD10:44 16 CD2:25, CD2:26 17 CD10:45 16 CD2:26.1, CD2:26.2 17 CD11:1 OC CD2:26.3, CD2:26.4 17 CD14:1 OC CD2:26.5 17 CD14:3, CD14:4 OC CD2:27, CD2:28 13 CD14:5, CD14:6 11 CD2:29 13 CD15:1 OC CD3:1 OC CD16:1 1 CD6:1 15 CD16:3, CD16:4 OC CD6:3, CD6:4 20 CD16:5, CD16:6 1 CD6:5, CD6:6 20 CD 16:7 1 CD7:1 OC CD17:1 OC CD10:1, CD10:2 19 CD18:1 12 CD10:2.1, CD10:2.2 21 CD18:3, CD18:4 21 CD10:3, CD10:4 21 CD18:5 21 CD10:5 21 CD19:1 OC CD10:6.1, CD10:6.2 20 CD22:1 22 CD10:6.3, CD10:6.4 20 CD22:3, CD22:4 24 CD10:6.5, CD10:6.6 20 CD22:5, CD22:6 24 CD10:6.7, CD10:6.8 20 CD22:7, CD22:8 24 CD10:7, CD1.0:8 13 CD22:9, CD22:10 24 CD10:9, CD10:10 13 CD23:1 OC CD10:11, CD10:12 13 CD26:1 15 CD10:13, CD10:14 13 CD26:3 17 CD10:15, CD10:16 16 CD27:1 OC CD10:17, CD10:18 13 CD30:1 11 CD10:19, CD10:20 16 CD30:3, CD30:4 11 CD10:21, CD10:22 13 CD30:5, CD30:6 11 CD10:23, CD10:24 13 CD30:7 11 CD10:25, CD10:26 16 CD31:1 OC CD10:27, CD10:28 13 CD34:1, CD34:2 17 CD10:29, CD10:30 13 CD34:3, CD34:4 17 CD10:31, CD10:32 13 CD3I:4.1 17 CD10:33, CD10:34 13 CD34:5, CD34:6 12 [2] Supp_No.24 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. CD34:7, CD34:8 17 CD54:5, CD54:6 23 CD34:9, CD34:10 6 CD54:7, CD54:8 23 CD34:10.1 6 CD54:9, CD54:10 24 CD34:11, CD34:12 2 CD54:10.1 24 CD34:13, CD34:14 17 CD54:11, CD54:12 23 CD34:14.1 17 CD54:13, CD54:14 23 CD34:15, CD34:16 16 CD54:15 23 CD34:16.1 12 CD55:1 OC CD34:17, CD34:18 7 CD58:1 17 CD34:19, CD34:20 17 CD58:3, CD58:4 17 CD35:1 21 CD59:1 OC CD36:1 21 CD62:1 24 CD36:3, CD36:4 21 CD62:3, CD62:4 24 CD36:5, CD36:6 21 CD62:5, CD62:6 24 CD36:7, CD36:8 21 CD62:7, CD62:8 24 CD36:9 21 CD63:1 OC CD37:1 21 CD66:1 20 CD38:1, CD38:2 22 CD66:3, CD66:4 4 CD38:3, CD38:4 22 CD66:5, CD66:6 4 CD38:5, CD38:6 22 CD66:7, CD66:8 20 +."" CD38:7, CD38:8 22 CD67:1 OC CD38:9, CD38:10 22 CD70:1, CD70:2 16 CD39:1 OC CD70:3, CD70:4 22 CD40:1 14 CD70:5, CD70:6 17 CD40:3 14 CD70:7, CD70:8 17 CD41:1 OC CD70:9, CD70:10 17 CD42:1 OC CD70:11, CD70:12 17 CD42:3 12 CD70:12.1 17 CD43:1 OC CD70:13, CD70:14 16 CD46:1 12 CD70:15, CD70:16 16 CD46:3 21 CD71:1 OC CD47:1 OC CD74:1 20 CD50:1 24 CD74:3, CD74:4 20 CD50:3, CD50:4 24 CD74:5, CD74:6 20 CD50:5 24 CD75:1 OC CD51:1 OC CD78:1, CD78:2 21 CD54:1, CD54:2 24 CD78:2.1 22 CD54:3, CD54:4 23 CD78:3, CD78:4 13 [31 Supp. No.24 -.war CAPE CANAVERAL CODE Page No. Supp. No. Page No. Supp. No. CD78:5, CD78:6 13 CD82:19, CD82:20 23 CD78:6.1 13 CD83:1 OC CD78:7, CD78:8 OC CD86:1 16 CD78:9, CD78:10 OC CD86:3, CD86:4 16 CD78:11, CD78:12 OC CD86:5, CD86:6 17 CD78:13, CD78:14 OC CD86:7, CD86:8 OC CD78:15, CD78:16 OC CD86:9, CD86:10 OC CD78:17, CD78:18 OC CD86:11, CD86:12 16 CD78:19, CD78:20 OC CD86:13, CD86:14 16 CD78:21, CD78:22 22 CD86:15, CD86:16 16 CD78:23, CD78:24 21 CD86:17 16 CD78:25, CD78:26 21 CD87:1 OC CD78:26.1 21 CD90:1, CD90:2 23 CD78:27, CD78:28 13 CD90:3, CD90:4 23 CD78:29, CD78:30 11 CD90:5, CD90:6 23 CD78:31, CD78:32 21 CD90:7, CD90:8 23 CD78:33, CD78:34 21 CD90:9, CD90:10 23 CD78:35, CD78:36 22 CD90:11, CD90:12 23 CD78:37, CD78:38 22 CD90:13, CD90:14 23 CD78:39, CD78:40 22 CD90:15, CD90:16 23 CD79:1 OC CD90:17, CD90:18 23 CD80:1, CD80:2 13 CD90:19, CD90:20 23 CD80:3, CD80:4 16 CD90:21, CD90:22 23 CD80:5, CD80:6 13 CD90:23, CD90:24 23 CD80:6.1 13 CD90:25, CD90:26 23 CD80:7, CD80:8 OC CD90:27, CD90:28 23 CD80:9 OC CD90:29, CD90:30 23 CD81:1 OC CD90:31, CD90:32 23 CD82:1, CD82:2 23 CD90:33, CD90:34 23 CD82:2.1 23 CD90:35, CD90:36 23 CD82:3, CD82:4 16 CD90:37, CD90:38 23 CD82:5, CD82:6 18 CD90:39, CD90:40 23 CD82:7. CD82:8 21 CD90:41 23 CD82:9, CD82:10 21 CD91:1 19 CD82:11, CD82:12 21 CD91:3, CD91:4 19 CD82:13, CD82:14 23 CD91:5 19 CD82:15, CD82:16 23 CD92:1 23 CD82:17, CD82:18 23 CD92:3, CD92:4 23 [4] Supp. No.24 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. CD92:5, CD92:6 23 CD102:13, CD102:14 23 CD92:7 23 CD102:15, CD102:16 23 CD93:1 23 CD102:17 23 CD94:1, CD94:2 23 CD103:1 OC CD94:3, CD94:4 23 CD106:1 OC CD94:5, CD94:6 23 CD106:3, CD106:4 OC CD94:7, CD94:8 23 CD106:5 OC CD94:9, CD94:10 23 CD107:1 OC CD94:11, CD94:12 23 CD110:1, CD110:2 18 CD94:13, CD94:14 23 CD110:3, CD110:4 21 CD94:15, CD94:16 23 CD110:5, CD110:6 23 CD94:17, CD94:18 23 CD110:7, CD110:8 24 CD94:19, CD94:20 23 CD110:9, CD110:10 22 CD94:21, CD94:22 23 CD110:11, CD110:12 22 CD94:23 23 CD110:13, CD110:14 23 CD95:1 OC CD110:15, CD110:16 23 CD98:1, CD98:2 19 CD 110:17, CD 110:18 23 CD98:3, CD98:4 OC CD110:19, CD110:20 23 CD98:5, CD98:6 OC CD110:21, CD110:22 23 CD98:7, CD98:8 19 CD 110:22.1 23 .'""' CD98:9, CD98:10 19 CD110:23, CD110:24 21 CD98:11, CD98:12 19 CD 110:25, CD 110:26 21 CD98:13, CD98:14 19 CD 110:27, CD 110:28 21 CD98:14.1, CD98:14.2 19 CD110:29, CD110:30 21 CD98:15, CD98:16 24 CD110:31, CD110:32 21 CD98:17, CD98:18 24 CD110:33, CD110:34 21 CD98:18.1 24 CD110:35, CD110:36 21 CD98:19, CD98:20 OC CD110:37, CD110:38 21 CD98:21, CD98:22 11 CD110:39, CD110:40 24 CD98:23, CD98:24 11 CD110:40.1 24 CD99:1 OC CD110:41, CD110:42 21 CD102:1 23 CD110:43, CD110:44 21 CD 102:3, CD 102:4 24 CD 110:45, CD 110:46 21 CD102:5, CD102:6 24 CD110:46.1, CD110:46.2 21 CD102:7, CD102:8 24 CD110:46.3, CD110:46.4 21 CD102:9, CD102:10 24 CD110:46.5, CD110:46.6 23 CD 102:10.1 24 CD 110:46.7, CD 110:46.8 23 CD102:11, CD102:12 23 CD110:46.9, CD110:46.10 23 [51 Supp. No.24 CAPE CANAVERAL CODE Page No. Supp. No. Page No. Supp.No. CD110:46.11, 23 CD110:91, CD110:92 24 CD 110:46.12 CD 110:93, CD 110:94 24 CD110:46.13, 23 CD110:95, CD110:96 24 CD110:46.14 CD110:97, CD110:98 24 CD110:46.15, 23 CD110:99, CD110:100 24 CD110:46.16 CD110:101, CD110:102 24 CD 110:46.17, 23 CD 110:102.1, 24 CD 110:46.18 CD 110:102.2 CD110:47, CD110:48 OC CD110:102.3, 24 CD110:49, CD110:50 OC CD110:102.4 CD 110:51, CD 110:52 OC CD 110:102.5 24 CD110:53, CD110:54 OC CD110:103, CD110:104 21 CD110:55, CD110:56 OC CD110:105, CD110:106 21 CD110:57, CD110:58 OC CD110:107, CD110:108 21 CD110:59, CD110:60 12 CD110:109 21 CD110:60.1, CD110:60.2 24 CD111:1 12 CD110:61 24 CD115:1 12 CD110:62.1, CD110:62.2 18 CD115:3, CD115:4 12 CD110:63 18 CD115:5, CD115:6 12 CD110:64.1, CD110:64.2 5 CD115:7 12 CD110:64.3, CD110:64.4 6 CDA:1, CDA:2 24 CD110:64.5, CD110:64.6 6 CDA:3 23 CD110:64.7, CD110:64.8 6 CDA:15, CDA:16 20 CD110:65, CD110:66 15 CDA:16.1, CDA:16.2 20 CD110:67, CD110:68 23 CDA:16.3, CDA:16.4 20 CD110:69, CD110:70 23 CDA:16.5, CDA:16.6 20 CD110:71, CD110:72 23 CDA:16.7 20 CD110:72.1, CD110:72.2 23 CDA:17, CDA:18 7 CD110:72.3 23 CDA:19, CDA:20 7 CD110:73, CD110:74 21 CDA:21, CDA:22 7 CD110:75, CD110:76 24 CDA:23, CDA:24 7 CD 110:76.1 24 CDA:25, CDA:26 7 CD 110:77, CD 110:78 21 CDA:27, CDA:28 24 CD110:79, CD110:80 21 CDA:29, CDA:30 24 CD110:81, CD110:82 24 CDA:31, CDA:32 24 CD 110:83, CD 110:84 24 CDA:33, CDA:34 24 CD110:85, CD110:86 24 CDA:35, CDA:36 24 CD110:87, CD110:88 24 CDA:37, CDA:38 24 CD110:89, CD110:90 24 [6] Supp. No.24 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. CDA:39, CDA:40 24 SLT:3 23 CDA:41, CDA:42 24 CHTi:1, CHTi:2 20 CDA:43, CDA:44 24 CHTi:3 20 CDA:45, CDA:46 24 CDi:1, CDi:2 24 CDA:47, CDA:48 24 CDi:2.1 24 CDA:49, CDA:50 24 CDi:3, CDi:4 23 CDA:51, CDA:52 24 CDi:5, CDi:6 23 CDA:53, CDA:54 24 CDi:7, CDi:8 23 CDA:55, CDA:56 24 CDi:9, CDi:10 23 CDA:57, CDA:58 24 CDi:11, CDi:12 24 CDA:59, CDA:60 24 CDi:12.1 24 CDA:61 24 CDi:13, CDi:14 23 CDA:63, CDA:64 24 CDi:15, CDi:16 23 CDA:65, CDA:66 24 CDi:17, CDi:18 23 CDB:1 OC CDi:19, CDi:20 23 CDB:3, CDB:4 3 CDi:21, CDi:22 24 CDB:5, CDB:6 21 CDi:23, CDi:24 24 CDB:7, CDB:8 22 CDi:24.1 24 CDB:9, CDB:10 22 CDi:25, CDi:26 23 CDB:11, CDB:12 22 CDi:27, CDi:28 23 �- CDB:13, CDB:14 22 CDi:29, CDi:30 23 CDB:15, CDB:16 22 CDi:31, CDi:32 23 CDB:17, CDB:18 22 CDi:33, CDi:34 24 CCT:1 OC CDi:35, CDi:36 24 CCT:3, CCT:4 OC CDi:37, CDi:38 23 CCT:5, CCT:6 OC CDi:39, CDi:40 23 CCT:7, CCT:8 OC CDi:41, CDi:42 24 CCT:9, CCT:10 OC CDi:43, CDi:44 24 CCT:11, CCT:12 OC CDi:45, CDi:46 24 CCT:13, CCT:14 7 CCT:15, CCT:16 8 CCT:17, CCT:18 12 CCT:19, CCT:20 21 CCT:21, CCT:22 21 CCT:23, CCT:24 21 CCT:25, CCT:26 23 CCT:27, CCT:28 24 SLT:1, SLT:2 23 [71 Supp. No. 24 -..i.- SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code and are considered "Omits." In addition,by adding to this table with each supplement,users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Date Include/ Ord.No. Adopted Omit Supp.No. Supp. No. 20 2009-19(Res.) 9- 1-09 Include 20 2010-05(Res.) 3- 2-10 Include 20 10-2010 9- 7-10 Omit 20 2010-22(Res.) 10-19-10 Include 20 12-2010 10-19-10 Includ' 20 _ 13-2010 10-19-10 Include 20 14-2010 12-21-10 Include 20 Charter 11- 2-10 Include 20 ..�- 16-2010 11- 4-10 Include 20 17-2010 11-16-10 Include 20 18-2010 12-21-10 Include 20 19-2010 12-21-10 Include 20 2010-34(Res.) 12-21-10 Include 20 01-2011 4-19-11 Include 20 02-2011 5-17-11 Include 20 03-2011 5-17-11 Include 20 04-2011 6-21-11 Include 20 05-2011 8-16-11 Include 20 Supp. No. 21 01-2008 3-18-08 Include 21 06-2011 10-18-11 Include 21 08-2011 9-20-11 Include 21 09-2011 10-18-11 Include 21 10-2011 10-18-11 Include 21 11-2011 10-18-11 Include 21 2011-29(Res.) 11-15-11 Include 21 13-2011 12-20-11 Include 21 15-2011 12-20-11 Include 21 01-2012 2-21-12 Include 21 02-2012 3-20-12 Include 21 2012-05(Res.) 4-17-12 Include 21 2012-06(Res.) 4-17-12 Include 21 04-2012 4-17-12 Include 21 Supp. No. 24 SH:1 CAPE CANAVERAL CODE Date Include! Ord.No. Adopted Omit Supp.No. 05-2012 4-17-12 Include 21 06-2012 4-17-12 Include 21 07-2012 5-15-12 Include 21 2012-08(Res.) 5-15-12 Include 21 08-2012 6-19-12 Include 21 09-2012 6-19-12 Include 21 10-2012 7-17-12 Include 21 11-2012 7-17-12 Include 21 12-2012 7-17-12 Omit 21 13-2012 9-18-12 Include 21 Supp.No. 22 16-2012 12-18-12 Include 22 17-2012 10-16-12 Include 22 18-2012 11-20-12 Include 22 21-2012 12-18-12 Include 22 23-2012 12-18-12 Include 22 01-2013 2-19-13 Omit 22 03-2013 3-19-13 Include 22 04-2013 3-19-13 Include 22 05-2013 3-19-13 Include 22 06-2013 6-18-13 Include 22 07-2013 6-18-13 Include 22 08-2013 7-16-13 Include 22 —•r- 09-2013 8-20-13 Include 22 10-2013 7-16-13 Include 22 2013-13(Res.) 8-20-13 Include 22 2013-14(Res.) 8-20-13 Include 22 Supp. No. 23 14-2013 11-19-13 Include 23 17-2013 1-21-14 Include 23 01-2014 1-21-14 Include 23 02-2014 1-21-14 Include 23 04-2014 2-18-14 Include 23 06-2014 6-17-14 Include 23 07-2014 6-17-14 Include 23 08-2014 9-16-14 Include 23 09-2014 9-16-14 Include 23 Supp. No. 24 12-2014 1-20-15 Include 24 13-2014 10-21-14 Include 24 15-2014 12-16-14 Include 24 01-2015 1-20-15 Include 24 02-2015 1-20-15 Include 24 Supp. No. 24 SH:2 SUPPLEMENT HISTORY TABLE Date Include/ Ord. No. Adopted Omit Supp. No. 04-2015 3-17-15 Include 24 05-2015 6-16-15 Include 24 06-2015 7-21-15 Include 24 07-2015 8-18-15 Include 24 09-2015 9-22-15 Include 24 Supp. No. 24 SH:3 ADMINISTRATION § 2-28 ARTICLE I. IN GENERAL office, such persons shall draw lots to determine who shall be elected to the office in question per Section 100.181, Florida Statutes. (Code 1981, § 231.01; Ord. No. 35-93, § 1(231.01), Secs. 2-1-2-25. Reserved. 10-19-93; Ord. No. 01-2011, § 2, 4-19-11; Ord. No. 09-2015, § 2, 9-22-15) Charter references—Filling of vacancies,§2.06;election ARTICLE II. CITY COUNCIL* of council members, §6.03. Cross reference—Elections,ch. 26. DIVISION 1. GENERALLY Sec. 2-27. Uncontested elections. If the number of candidates qualifying for an Sec. 2-26. Elections. election which does not include city council posi- tions resulting from vacancies of unexpired terms All powers and duties of the city specified in does not exceed the number of positions to be the City Charter in the general laws of the state filled by the election, a general election shall not are vested in the city council. The city council is be held and each candidate shall take office for a comprised of five members who are elected at full term. If the number of candidates qualifying large by the registered electors of the city. Two for an election which includes city council posi tions resulting from vacancies of unexpired terms members are elected each year to three-year terms from a single ballot based on the two does not exceed the number of positions to be candidates receiving the greatest number of votes, filled by the election, each candidate shall file except on every third year only one member, who with the city clerk within ten days after the close is also the mayor, is elected to a three-year term. of the qualifying period specified in section 26 3 a Further, should any general election include the designation which specifies whether the term election of a council person due to a vacancy in sought by the candidate is a full term or unex that office pursuant to article II, section 2.06, of pired term of a vacancy. If such designations by all candidates do not produce an excess of Candi the Charter, then the unexpired term shall be filled by the candidate receiving the third-great- dates seeking full terms or vacant terms over the respective number of full terms or vacant terms, a est number of votes, or in third-year elections involving only the mayor, the election to the fill general election shall not be held and candidates the vacancy shall be by separate ballot. Should shall take office in accordance with results of the more than one vacancy be filled at the election, designations. If a candidate fails to make the then those receiving the greatest number of votes designation in the time above stated, the Candi shall be declared elected for the longest terms. In date shall be deemed to have made a designation the event that two or more persons receive an for a full term. equal and highest number of votes for the same (Ord. No. 35 93, § 2(231.02), 10-19-93) *Charter references—General powers and duties,§2.01; Sec. 2-28. Code of conduct. composition, eligibility,terms, § 2.02; mayor, § 2.03; compen- sation,expenses,§2.04;prohibitions,§2.05;vacancies,forfei- ture of office,filling of vacancies,§2.06;judge of qualifications, In addition to adhering to the requirements of § 2.07; city clerk, § 2.08; investigations, § 2.09; independent state law, all councilmembers shall commit to the audit,§2.10;procedure,§2.11;action requiring an ordinance, following code of conduct by written affirmation, § 2.12; ordinances in general, § 2.13; emergency ordinances, which shall remain on file with the city clerk, as 2.14; codes of technical regulations, § 2.15; authentication follows: and recording,codification,printing of ordinances and resolu- tions, §2.176. (a) I affirm that the proper statutory and City Cross reference—The mayor or city manager in the case of the absence of the mayor,or any available councilmember in Charter role of a councilmember, as with the absence of the mayor and city manager, may declare a any elected member of a legislative body, state of emergency, § 18-2. is to act collectively, not individually, to rr Supp. No. 24 CD2:5 2.28 CAPE CANAVERAL CODE set and/or revise and/or to apply the city's receive information,examine data or weigh governing policies and that the city man- alternatives in the decision-making pro- ager and staff administer such policies. cess. (b) I understand that a councilmember does (g) I will demonstrate patience and refrain not manage the affairs of the city. I will from demanding, interruptive access to not intrude into daily operations or spheres staff or immediate responses or services of responsibility designated by Florida when requesting information that re- Statutes, City Code, and City Charter to quires significant staff time in research, the city manager as the chief executive preparation or analysis or that will result officer; or undermine the city manager's in staff neglect of urgent duties. Such lawful authority. Further, I understand requests will be made through the city that the city manager is responsible for manager for scheduling and prioritizing administering the policy direction estab- through consensus of the city council. lished by a majority vote of the city coun- (h) I will devote adequate time for prepara- cil and not the policy wishes of one indi- tion prior to city council meetings and as vidual councilmember. much as possible, I will be in attendance (c) I will represent the interests of the entire at such meetings and all other scheduled city when making decisions and will rely events where my participation is re upon available facts and my independent quired. judgment. In my capacity as a (i) I will respect diversity and encourage the councilmember, I will avoid conflicts of open expression of divergent ideas and interest and avoid using my official posi- opinions from fellow city councilmembers, tion for personal,professional,or partisan city manager, city attorney, staff, citizens gain. of Cape Canaveral, and city utility cus- tomers. I will listen actively and objec- (d) I will demonstrate dignity, respect, and tively to others' concerns or constructive courtesy toward those whom I am in con- criticisms. tact with in my capacity as a councilmember. I will refrain from intim- (j) I will refrain from any individual action idation and ridicule of fellow that could compromise lawfully autho- councilmembers, city manager, city attor- rized decisions of the city or the integrity ney, staff, citizens of the city, and city of the city and my fellow councilmembers. utility customers. I will delineate clearly for any audience whether I am acting or speaking as an (e) In my capacity as a councilmember, I will individual citizen or in my capacity as a refrain from inappropriate language in- representative of the city. cluding statements that are malicious, threatening, slanderous, disparaging, (k) I will maintain in confidence any privi mean spirited, vulgar or abusive. All dis leged or confidential information provided agreements, concerns or criticisms shall to me by the city and will not disclose such be framed in language that is in keeping information publicly or to any person who with the dignity and professionalism of an has not been duly authorized by the city elected official and the honor of the city to receive such information, unless such council. disclosure is duly authorized by the city council or city manager or required by (f) I will focus on solving problems. I will law. In addition, I will refrain from copy- maintain appropriate decorum and pro- ing any written privileged or confidential fessional demeanor in the conduct of city documents provided to me by the city and business and work cooperatively and con- will keep such documents in safekeeping. scientiously with others as I request or Further, upon leaving office or upon re- Supp. No. 24 CD2:6 ADMINISTRATION § 2-28 quest by the city council or city manager, I will return to the city any privileged or confidential documents or materials pro- vided to me by the city while serving on the city council. (1) I will abide by all laws of the state appli- cable to my conduct as a councilmember, including, but not limited to, the Govern- ment in the Sunshine Law, the Florida Code of Ethics for Public Officers,and city rules of procedure and codes of conduct. (m) I will promote constructive relations in a positive climate with all city employees, Supp. No. 24 CD2:6.1 COMMUNITY DEVELOPMENT § 22-33 ARTICLE I. IN GENERAL Sec. 22-31. Reserved. Editor's note-Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-31, which pertained to removal and Secs. 22-1-22-25. Reserved. derived from Ord. No. 10-99,§ 1, adopted Sept. 7, 1999. ARTICLE II. BUSINESS AND ECONOMIC Sec. 22-32. Reserved. DEVELOPMENT BOARD* Editor's note-Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-32, which pertained to rules and procedures and derived from Ord.No.10-99,§1,adopted Sept. Sec. 22-26. Definitions. 7, 1999. The following words, terms and phrases, when Sec. 22-33. Purpose and duties. used in this article, shall have the meanings ascribed to them in this section, except where the The business and economic development board context clearly indicates a different meaning: shall serve as a citizen advisory committee and have the purposes and duties to: Commerce or commercial pertains to activities (1) Provide recommendations to the city re- in the areas of industry, commerce, business and lated to the implementation of economic tourism. and business development policies estab- (Ord. No. 10-99, § 1, 9-7-99) lished by city. (2) Confer with and advise the city on all Sec. 22-27. Established. matters concerning the development of The city establishes a business and economic commerce.The board shall encourage high development board in and for the city. value business investment and job cre ation in the city and advise the city on (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011, §3, actions to undertake in accomplishing this 12-20-11) goal.Actions may include identifying bar- riers to economic development for desired Sec. 22-28. Composition. businesses and creation of economic incen- tives. The business and economic development board shall consist of seven regular members. (3) As may be requested,act as liaison for the (Ord. No. 10-99, § 1,9-7-99; Ord. No. 12-2003, §4, city in the area of public relations with 7-1-03; Ord. No. 13-2011, § 3, 12-20-11) the following: a. Cocoa Beach Regional Chamber of Sec. 22-29. Reserved. Commerce. Editor's note-Ord. No. 12-2003, § 4, adopted July 1, b. Canaveral Port Authority. 2003,deleted section 22-29,which pertained to term of office c. Economic Development Commission and derived from Ord. No. 10-99,§ 1, adopted Sept. 7, 1999. of Florida's Space Coast. d. Other similar organizations or agen- Sec. 22-30. Reserved. cies which, in the opinion of the Editor's note-Ord. No. 12-2003, § 4, adopted July 1, business and economic development 2003,deleted section 22-30,which pertained to vacancies and board,would be appropriate for such derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. liaison. *Editor's note-Ord. No. 13-2011, § 3, adopted Dec. 20, (4) Determine from existing commercial en- 2011, amended the title of Art. II to read as herein set out. terprises in the city and interested out- Formerly, said Art. II was entitled "Business and Cultural Development Board." side entities contemplating locating in the Cross reference-Boards,committees,commissions,§2- city the appropriate and necessary action 171 et seq. the city should take to enhance and en- Supp. No. 24 CD22:3 §22-33 CAPE CANAVERAL CODE courage the further development of the nature only, and the board shall not have any city's commerce and coordinate with and powers or duties which conflict with or supersede advise pertinent officials and boards in the powers and duties of other city boards. the city as to the implementation of this (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011, § 3, action. 12-20-11) (5) Advise the city of the advent of any new commercial activity, i.e., new businesses, Sec. 22-35. Indebtedness. significant change in existing businesses, The business and economic development board etc., in the city's commerce in order that shall not incur any debts or enter into any con- timely and appropriate recognition by the tracts or obligations, which would be enforceable city can be effected. against the city, unless prior approval has been (6) Cooperate with all community groups, obtained. which are dedicated to orderly commer- (Ord. No. 10-99, § 1,9-7-99; Ord. No. 13-2011, § 3, cial expansion of the city and furnish 12-20-11) them with aid and advice as is deemed appropriate. ARTICLE III. COMMUNITY APPEARANCE (7) Generally, encourage in any manner the REVIEW development of business, commerce, in- dustry and tourism in the city. Sec. 22-36. Statement of findings and pur- (8) Investigate sources of financial assistance pose. available to the city from the governmen- tal or private sector and assist the city in (a) The logo of Cape Canaveral, and its accom- properly applying and promoting the suc- panying motto "Sun, Space and Sea," signifies cessful acquisition of the assistance. For Cape Canaveral's unique cultural character and the purpose of this article,financial assis- beauty. Indicative of Cape Canaveral's unique- tance may be in the form of grants, low ness is its reputation as primarily a residential interest loans or physical property,includ- waterfront community with beautiful beaches and ing that of real or personal nature.Activ- scenic ocean vistas, within close proximity to ity in the private sector will be limited to several internationally renowned tourist destina- established foundations. tions including the Kennedy Space Center and several major cruise ship terminals. (9) Review and consider the merits of appli- cations for economic development ad va- (b) In recognition of Cape Canaveral's unique- lorem tax exemptions; make recommen- ness, the city council has determined that a dations to the city council as to whether or deliberate and conscientious effort must be made not to grant the exemption, and if the by community leaders, in partnership with archi- exemption is granted, the percentage of tects, planners, realtors, builders and the citi- the exemption and period of time for the zenry of Cape Canaveral, to protect the general exemption; make recommendations re- welfare of the community by preserving and im- lated to additional incentives, including, proving Cape Canaveral's aesthetic appearance, but not limited to development fee waiv- beauty, and character,so as to ultimately enhance ers and financial contributions. the quality of life and civic pride of all people who (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011, § 3, reside, work, vacation, or spend time in Cape 12-20-11; Ord. No. 02-2015, § 2, 1-20-15) Canaveral. Sec. 22-34. Advisory capacity. (c) The facilitator of this effort shall be the community appearance board whose primary pur- The powers and duties of the business and pose shall be to encourage uniform architectural economic development board are of an advisory standards and cohesive community development Supp. No. 24 CD22:4 COMMUNITY DEVELOPMENT § 22-40 consistent with the intent and purpose of this Sec. 22-37. Board established; membership; article and the standards necessary to maintain qualifications of members. the "Tree City" designation. (a) Established. There is hereby established a community appearance board which shall consist (d) The cultural character and beauty of Cape of seven members. Canaveral involves, among other things, the aes- thetic quality of all one sees in moving about the (b) Qualifications. All members shall be qual ified by reason of training or expertise in art, entire community. Consequently, the ultimate de- architecture, community planning, land develop- signers and developers of buildings and struc- ment, real estate, landscape architecture or other tures must be informed of the larger context in relevant business or profession, or by reason of which their particular works will be viewed within civic interest so as to be considered a sound judge the community. The task of the community ap- of the aesthetic effect and impact upon property pearance board shall be to provide a mechanism values, desirability, and the economic, social and by which proposed new development and modifi- cultural patterns of the community of a proposed cations or rehabilitations (of buildings and struc- building or structure on surrounding areas. tures)can be reviewed and approved,in a uniform (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 1-98, § 1, manner, so as to be in harmony with the compre- 2-17-98; Ord. No. 07-2003, § 2, 3-4-03; Ord. No. hensive architecturally related policies,objectives 12-2003, § 4, 7-1-03; Ord. No. 13-2011, § 3, 12-20- and standards adopted by Cape Canaveral for the 11) overall betterment of the community. Sec. 22-38. Reserved. (e) It is recognized by the Florida Supreme Editor's note—Ord. No. 12-2003, § 4, deleted section 22-38, which pertained to rules of conduct of board business Court that zoning solely for aesthetic purposes is and derived from Ord. No. 16-95, §2,adopted Dec. 19, 1995. not outside the scope of the police power of mu- nicipal governments, like Cape Canaveral. It has Sec. 22-39. Proceedings of the board. also been judicially recognized in Florida (and in (a) Meetings shall be held as necessary and other jurisdictions) that the promotion of aes- when held,preference shall be given to the first or thetic beauty also protects property values, tour- third Wednesday of each month. The time and ism, and other economic interests which Cape place of meetings, and the order of business and Canaveral deems vital to the community. procedure to be followed at meetings, shall be prescribed by the board. (f) Zoning is the single most powerful legal (b) The city shall provide administrative, le- enforcement of an overall urban concept, but gal, architectural and other professional expert alone it does not create beauty, aesthetic order, or services deemed necessary for the board to per- amenity. The task of the community appearance form its duties and obligations under this article. board shall be to preserve various elements of (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 12-2003, urban beauty and require that new projects being § 4, 7-1-03; Ord. No. 01-2010, § 2, 1-19-10; Ord. developed enhance existing development and the No. 13-2011, § 3, 12-20-11) landscape of the community. Sec. 22-40. Approval prerequisite for per- (g) The essential foundation of beauty in com- mits. munities is harmony.The plan for achieving beauty (a) Without exception, the following shall be must grow out of special local characteristics of approved by the community appearance board site, development and redevelopment potential. before a permit is issued for development of Some local areas of natural beauty are the beaches, property which has an exterior, visual impact or ocean and the Banana River. The vistas and effect on the community: visual delight of these should only be enhanced. (1) All plans and elevations for buildings or (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 13-2011, structures, except fences, within any zon- § 3, 12-20-11) ing district, or any alterations thereto. Supp. No. 24 CD22:5 §22-40 CAPE CANAVERAL CODE (2) Exterior building and roof colors for non- (b) Scheduling and notice of hearing. Upon residential development within the C-1, receipt of the required documents, the city man- C-2, and M-1 zoning districts, or any ager or designee shall forthwith schedule a hear- alterations thereto. ing on the application before the community ap- pearance board. Notice of the time and place of (b) Notwithstanding paragraph (a) of this sec- the public hearing shall be given to the applicant tion, if the city manager or designee determines at least seven days prior to the date of the public (at his or her sole discretion) that an application hearing. Public notice of the time and place of the for community appearance approval is minor or public meeting shall also be posted at places insignificant, the city manager or designee may within the city deemed reasonably appropriate for grant approval without submitting the applica- providing such notice. Public notice shall also tion to the community appearance board for ap- contain the name of the applicant, a general proval, providing the approval is consistent with description of the property, and a general descrip- the intent and purpose of this article. For pur- tion of the applicant's request. poses of this paragraph, the phrase "minor or insignificant"shall mean a small scale renovation (c) Conduct of hearing; approval or denial. At or modification project affecting a small site and the designated public hearing, the community having a nominal exterior visual impact and appearance board shall hear the applicant on the effect on the community. Any party or person proposed application, and shall hear from mem- adversely affected by a decision made by the city bers of the general public in accordance with the manager or designee may appeal such decision to rules and procedures adopted by the city council the community appearance board. and the board. During the public hearing, the (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, applicant may be present in person or by counsel, § 2, 2-18-03; Ord. No. 05-2008, § 2, 4-15-08; Ord. and the applicant has the right to present evi- No. 13-2011, § 3, 12-20-11) dence in support of his position and cross examine adverse witnesses whose testimony is offered at Sec. 22-41. Compliance with other Code pro the hearing. The community appearance board may approve, approve with conditions, or disap- visions. prove the application only after consideration of The requirements of this article are deemed whether the following criteria are complied with: supplemental of, and in addition to, all other (1) The plans and specifications of the pro- applicable codes adopted by the city including, posed project indicate that the setting, but not limited to, the land development regula- landscaping, ground cover, proportions, tions, and all fire and building regulations. Ap- materials,colors,texture,scale,unity,bal- proval of plans and specifications by the commu- ance, rhythm, contrast and simplicity are nity appearance board shall be construed only for coordinated in a harmonious manner rel- the limited purpose of complying with this article, evant to the particular proposal,surround- and in no way shall the applicant construe such ing area and cultural character of the approval as evidence of compliance with any community. other applicable city codes and regulations. (Ord. No. 16-95, § 2, 12-19-95) (2) The plans for the proposed building or structure are in harmony with any future development which has been formally ap- Sec. 22-42. Procedure. proved by the city within the surrounding area. (a) Submission of application. All applicants for a building permit, subject to the provisions of (3) The plans for the proposed building or this article, shall submit to the city manager or structure are not excessively similar or designee the documents prescribed in section 22- dissimilar to any other building or struc- 44,together with an application fee to be adopted ture which is either fully constructed, pursuant to appendix B. permitted but not fully constructed, or Supp. No. 24 CD22:6 COMMUNITY DEVELOPMENT § 22-43 included on the same permit application, hearing before the city council at its next and facing upon the same or intersecting regular meeting. In no way shall the ap- street within 500 feet of the proposed site, plicant be permitted to by-pass the board with respect to one or more of the follow- if the board's reason for tabling the appli- ing features of exterior design and appear- cation was caused by the applicant's re- ance: quest, misconduct or failure to make ade- quate preparations for a hearing before a. Front or side elevations; the board. b. Size and arrangement of elevation facing the street, including reverse (2) Notwithstanding the foregoing, the appli- arrangement; or cant is permitted to request (once as a matter of right) that the board table a c. Other significant features of design particular application. Further attempts such as, but not limited to: materi- by the applicant to table such an applica- als, roof line and height or design tion shall be deemed a withdrawal and elements. the applicant shall be prohibited from (4) The plans for the proposed building or submitting a substantially similar appli- structure are in harmony with the estab- cation for 30 days from the date of with- lished character of other buildings or struc- drawal. An application resubmitted shall tures in the surrounding area with re- begin the application process anew,includ- spect to architectural specifications and ing the filing of a new application and design features deemed significant based payment of all applicable permit fees. upon commonly accepted architectural (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, principles of the local community. § 2, 2-18-03; Ord. No. 13-2011, § 3, 12-20-11) (5) The proposed development of the building Sec. 22-43. Notice of approval or denial. or structure is consistent and compatible with the intent and purpose of this article, (a) Promptly after the community appearance the Comprehensive Plan for Cape Canav- board has rendered a decision on a particular eral,and other applicable federal, state or application,the board shall prepare and deliver to local laws. the applicant thereof a formal written notice (6) Within the C 1, C-2and M-1 zoning dis which indicates its decision on the application tricts, any exterior building or roof color (approval, approval with conditions, denial). If used shall be well designed and inte the application is approved with conditions, the grated with the architectural style of the notice shall contain a statement which clearly building and surrounding landscaping in indicates the conditions. If the application is order to create a subtle and harmonious denied,the notice shall contain a statement which effect and promote aesthetic uniformity indicates the rationale for denial. within the district. Bright or brilliant (b) Approvals by the board shall be valid for a colors shall not be permitted except for maximum of 12 months from the date the board use as an accent color within the C-1, C-2, renders its approval at a public meeting. If the or M-1 zoning districts. applicant fails to obtain a building permit within (d) Limitations on tabling. the 12-month period, the board's approval shall expire at the end of the period. Upon written (1) No application before the community ap- request of the applicant, the city manager or pearance board for a particular develop- designee may,at his or her sole discretion,grant a ment, or part thereof, shall be tabled request for an additional 12-month period only if more than once by request of the board. justifiable cause is demonstrated. Any extension Further attempts by the board to table granted by the city manager or designee shall such application shall permit the appli- remain subject to all terms and conditions im- cant to by-pass the board and seek a posed as part of the board's original approval. Supp. No. 24 CD22:7 § 22-43 CAPE CANAVERAL CODE Notwithstanding the aforesaid, once a building Sec. 22-45. Concept plans. permit is issued,the board approval shall be valid All concept plans submitted for consideration for a time period equal to the permit and shall under this article for the new development of expire only if the building permit expires. unimproved property shall indicate the following (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 07-2003, sufficiently: § 2, 3-4-03; Ord. No. 12-2014, § 2, 1-20-15) (1) Dimensions and orientation of the parcel; Sec. 22-44. Application criteria. (2) Location, height and use of buildings, structures and encroachments both exist- Upon an application created by the city man- ing and proposed; ager or designee, an applicant shall submit the following application criteria to the city manager (3) Location and arrangement of manmade or designee for consideration by the community and natural ground cover; appearance board: (4) Proposed ingress and egress facilities; (1) Level 1 review. (Commercial, residential (5) A conceptual preliminary landscaping plan; subdivisions, four or more multifamily (6) Unusual grading or slopes, if any; residential, industrial, and mixed-use): (7) Location of walls and fences and the indi- a. Vicinity map locating all zoning clas- cation of their height and the materials of sifications, including orientation of their construction; all color photographs; (8) Location and size and graphic content of b. For new development of unimproved proposed exterior signs, outdoor advertis- property, a rendered concept plan ing or other constructed elements other depicting, in detail, location of land- than habitable space, if any; scaping and all the elements on the (9) Such other architectural and engineering site; data as may be requested to clarify the c. All preliminary elevations; presentation. (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 13-2011, d. Materials, texture and colors board § 3, 12-20-2011) depicting locations of colors; and e. Minimum of three color photographs Sec. 22-46. Appeals and review. of site and setting. Any person(s) or the city aggrieved by a final decision rendered by the community appearance (2) Level 2 review. (Change of exterior build- board may appeal the decision to the city council ing or roof color upon commercial or mixed- pursuant to the procedure set forth in section use buildings or structures within the C-1, 110-33 of this Code. C-2, M-1, or overlay zoning districts): (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 39-2003, a. Vicinity map locating all zoning clas § 2, 11-18-03; Ord. No. 07 2007, § 3, 12-4-07) sifications, including orientation of all color photographs; Sec. 22-47. Building permits; enforcement. b. Materials, texture and color board Unless otherwise provided by this article, no depicting location of colors; and building permit shall be issued until the commu- nity appearance board has approved the proposed c. Minimum of three color photographs building or structure's architectural specifica- of site and setting(surrounding area). tions and design features,pursuant to this article. (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, Any final plans and specifications that differ § 2, 2-18-03; Ord. No. 07-2003, § 2, 3-4-03; Ord. substantially, in the opinion of the building offi- No. 13-2011, § 3, 12-20-11) cial, from the approved application by the corn- Supp.No. 24 CD22:8 COMMUNITY DEVELOPMENT § 22-50 munity appearance board shall be resubmitted lize the funds and revenues paid into and prior to the issuance of the building permit. All earned by the fund for community rede- approved specifications and design features shall velopment purposes as provided in the become a binding condition of,and made a part of, plan and as permitted by law. The fund the building permit(s) secured for the building or shall exist for the duration of the commu- structure associated therewith. The building per- nity redevelopment undertaken by the mit shall be enforced in a manner similar to all agency pursuant to the plan to the extent other building permits issued by the city. The city permitted by the Act. Funds shall be held shall have the right, power and ability to recover in the fund by the City of Cape Canaveral all costs, expenses and reasonable attorney's fees and on behalf of the agency,and disbursed ("costs") incurred as a result of enforcing he from the fund as provided by the agency. permit.All costs shall be a lien on the property to which the building or structure is associated from (b) There shall be paid into the fund each the date the costs become due until the costs are year by all taxing authorities within the paid. The owner of the property shall be obligated area, the incremental increase in ad va- to pay the costs,which obligation may be enforced lorem taxes levied each year by those by the city by action at law or suit to enforce the taxing authorities, as calculated in accor- lien in the same manner as the foreclosure of dance with this section and F.S.§ 163.387, mortgages. based upon the 2012 tax year as set forth (Ord. No. 16-95, § 2, 12-19-95) herein. Secs. 22-48, 22-49. Reserved. (c) The most recent assessment roll used in connection with the taxation of property prior to the effective date of this section ARTICLE IV. COMMUNITY shall be the preliminary assessment roll REDEVELOPMENT of taxable real property in Brevard County, Florida, prepared by the Property Ap- Sec. 22-50. Redevelopment trust fund. praiser of Brevard County, Florida, and filed with the department of revenue pur- In accordance with the provisions of the Com- suant to F.S. § 193.1142, reflecting valua- munity Redevelopment Act of 1969, Part III of tion of real property for purposes of ad Chapter 163, Florida Statutes("the Act"), there is valorem taxation as of January 1, 2012 hereby created a community redevelopment trust ("base year value"), and all deposits into fund ("fund"), which fund shall be utilized and the fund shall be in the amount of tax expended for the purposes of and in accordance increment calculated as provided herein with the Cape Canaveral Community Redevelop based upon increases in valuation of tax- ment Plan("plan"),including any amendments or able real property from the base year modifications thereto approved pursuant to appli- cable law and pursuant to the county's delegation value. of authority set forth in Brevard County Resolu (d) All taxing authorities, except as other tion No. 2012 174 as may be amended. wise exempt by law,shall annually appro- (a) The funds to be allocated to and deposited priate to and cause to be deposited in the into the fund shall be used to finance fund the tax increment determined pur- community redevelopment within the com- suant to the Act and this section at the munity redevelopment area ("area") ac- beginning of each fiscal year thereof as cording to tax increment revenues attrib- provided in the Act.The obligation of each uted to the community redevelopment area, taxing authority to annually appropriate which shall be appropriated by the Cape the tax increment for deposit in the fund Canaveral Community Redevelopment shall commence immediately upon the Agency ("agency"). The agency shall uti- effective date of this section and continue Supp. No. 24 CD22:9 §22-50 CAPE CANAVERAL CODE to the extent permitted by the Act so long as any indebtedness pledging "increment revenue" have been paid. (e) The tax increment shall be determined and appropriated annually by each taxing authority required to pay monies to the fund, and shall be an amount equal to 95 percent of the difference between: (1) That amount of ad valorem taxes levied each year by each taxing au- thority, exclusive of any debt service millage,on taxable real property con- tained within the geographic bound- aries of the community redevelop- ment area; and (2) That amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing au- thority, exclusive of any debt service millage, upon the total of the as- sessed value of the taxable real prop- erty in the community redevelop- ment area as shown upon the most recent assessment roll used in con- nection with the taxation of such property by each taxing authority, prior to the effective date of this section. (f) The funds shall be established and main- tained as a separate trust fund by the agency so that the fund may be promptly and effectively administered and utilized by the agency expeditiously and without undue delay for its statutory purpose pur- suant to the plan. (g) The governing body of the agency shall be the trustees of the fund and shall be responsible for the receipt, custody, dis- bursement, accountability, management, investments and proper application of all monies paid into the fund. (Ord. No. 23-2012, § 2, 12-18-12) Supp. No. 24 CD22:10 Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS* Sec. 50-1. State misdemeanor acts adopted,penalty. Sec. 50-2. Reserved. Sec. 50-3. Court costs for police education and training. Sec. 50-4. Sleeping and camping in public areas and beaches. Sec. 50-5. Recreational fires,generally. *Cross references—Fireworks restrictions,§ 38-81 et seq.; law enforcement, ch. 42. State law references—Fines and forfeitures in county court payable to municipality, F.S. § 34.191; punishment for misdemeanors, F.S. §§ 775.082, 775.083. Supp. No. 24 CD50:1 -row* -.mom OFFENSES AND MISCELLANEOUS PROVISIONS §50-4 Sec. 50-1. State misdemeanor acts adopted, arrests made by the city police department. How- penalty. ever, no such assessment shall be made against (a) It shall be unlawful to commit, within the any person convicted for violation of any statute or municipal or county ordinance relating to the limits of the city, any act which is or shall be parking of vehicles. recognized by the laws of the state as a misde (Code 1981, § 543.01) meanor. The commission of such acts are prohib Cross reference—Law enforcement,ch. 42. ited. State law reference—Authority to adopt, use of funds, F.S. § 943.25(13). (b) Any person found guilty of violating any act as provided in subsection (a) of this section Sec. 50-4. Sleeping and camping in public shall be punished by the same penalty as pro- areas and beaches. vided by the laws of the state, but in no case shall such penalty exceed that provided in section 1-15. (a) Intent and purpose. The public streets and (Code 1981, §§ 601.01, 601.02) sidewalks, beach end streets, beach dune cross- Case law reference—A municipality may enact an ordi- overs, beaches and parks within the corporate nance which creates an offense against municipal law for the limits of the city should be readily accessible and same act that constitutes an offense against state law.Jaramillo v. City of Homestead, 322 So. 2d 496(Fla. 1975). available to residents and the public at large. The A municipality by ordinance may adopt state misdemeanor intent and purpose of this section is to maintain statutes by specific reference or by general reference,such as public streets, beach end streets, beach dune that contained in an ordinance making it unlawful to commit, crossovers, beaches and parks within the corpo- within city limits, any act which is or shall be recognized by rate limits of the city in a clean, safe and acces- the laws of the state as a misdemeanor.Id. An adoption by general reference of a misdemeanor statute sible condition and to prohibit the use of these permits subsequent amendments,revisions and repeals of the areas in a manner that interferes with the rights laws by the state legislature to apply to the municipal ordi- of others to use the areas for their intended nances.Id. purpose. Further, it is the intent and purpose of �..r See also Hecht v. Shaw, 112 Fla. 762, 151 So. 333 (1933); this section to conserve and protect the natural McFarland v. Roberts, 74 So. 2d 88 (Fla. 1954); and State v. Smith, 189 So. 2d 846(Fla. 4th D.C.A. 1966). resources and scenic beauty of the city, particu- State law references—Penalty for violation of misde- larly the beaches and parks. meanors, F.S. §§ 775.082, 775.083; discharging firearms in public,F.S.§ 790.15. See also Fla.Stats.general index under (b) Findings. The city council hereby makes heading "Fines and Civil Penalties" for listing of state law the following findings in support of this section: misdemeanors. (1) The city's beaches and parks are invalu- Sec. 50-2. Reserved. able natural assets which are held in trust by the city for recreational use by Editor's note—Ord. No. 18-2003, § 2, repealed section residents and visitors alike. 50-2 which pertained to public nudity and derived from Code 1981, § 722.89. (2) The city's beaches and parks are intended to be used solely for recreational purposes Sec. 50-3. Court costs for police education and are not intended to be used for sleep- and training. ing and camping during nighttime hours. In addition, the public streets and side- The city assesses the sum of$2.00 as a court walks are intended to be used for unim- cost against every person convicted for violation peded vehicular and pedestrian travel. of a state, penal or criminal statute or convicted for violation of a municipal or county ordinance in (3) The city's economic well-being is substan- all cases in which the violation occurred within tially dependent on maintaining attrac- the city. In addition, the sum of $2.00 shall be tive and inviting beaches and parks. Per- deducted from every bond estreature or forfeited mitting persons to sleep upon city beaches bail bond related to such penal statutes or ordi- and within city parks during nighttime nances if such bond estreature or forfeited bail hours will negatively affect the appear- bond arises from acts committed within the city or ance of the city's beaches and parks, will Supp. No. 24 CD50:3 §50-4 CAPE CANAVERAL CODE have a deleterious effect upon the quality (d) Prohibitions. The following prohibitions shall of life enjoyed by the city's residents and apply within the corporate limits of the city: visitors, and will require an unwarranted expenditure of city funds to provide for a (1) It shall be unlawful for any person to reasonably safe and healthy sleeping en- sleep or camp upon public streets and vironment for those who may choose to sidewalks, beach end streets, and beach sleep in such a fashion and to protect dune crossovers. those persons who may be using the city's (2) It shall be unlawful for any person to beaches and parks for their intended pur- sleep upon any public beach and within pose. any park between the hours of 9:00 p.m. (4) Persons asleep on city beaches and within and 7:00 a.m. of the following day. city parks during nighttime hours are exposed to the risk of harm from others or (3) It shall be unlawful for any person to from severe weather conditions. camp within any park or upon any public beach. (5) Sleeping upon public streets and side- walks will interfere with and impede the (4) It shall be unlawful for any person to public's right to travel upon the city's sleep or camp upon any private beach or transportation system and will expose per- undeveloped lot without the permission of sons to the risk of harm from vehicular the owner or person entitled to possession and pedestrian traffic. of such private beach or lot.Notwithstand- ing, no undeveloped parcel of land shall (6) Prohibiting persons from sleeping upon be inhabited or occupied for purposes of public streets and sidewalks, beach end sleeping, eating, and habitation during streets, and beach dune crossovers and the hours of 9:00 p.m. to 7:00 a.m. of the prohibiting sleeping upon public beaches following day, unless such property is le- ---° and within parks during nighttime hours gally improved with a safe,standard struc- will promote the public health, safety and ture meeting all minimum ordinance re- welfare. quirements.Further,this subsection shall (7) Prohibiting trespass on private beaches not be construed as authorizing open fires and property serves a legitimate govern- which are expressly prohibited by section ment interest. 54-16 of the City Code. (c) Definitions. The following words used in (5) It shall be unlawful for any person to this section shall having the meaning defined misrepresent to an official or law enforce herein: ment officer that he or she has no home or permanent shelter in order to evade en- (1) Beach end streets shall mean a street forcement and penalties provided by this within the city that has as its east termi- section. nus the Atlantic Ocean or the dune line which runs north and south parallel to (6) The burning of the following materials or the Atlantic Ocean. objects are prohibited within the city: Tires, rubber material, asphalt, roofing (2) Camping shall mean sleeping or other- material,tar,railroad crossties, and other wise being in a temporary shelter located lumber that has been treated with creo- outdoors and/or using an outdoor place for sote, plastics, garbage and trash. living accommodation purposes, as evi- denced by the use of tents, sleeping bags, (e) Signs. The city manager may order the bedrolls,blankets,luggage,backpacks,stor- erection of signs in and upon public beaches and ing personal belongings, cookware, and parks noticing the prohibitions and penalties set other camping like paraphernalia. forth in this section. Supp No. 24 CD50:4 OFFENSES AND MISCELLANEOUS PROVISIONS § 50-5 (f) Enforcement and penalties. Any person who is observed engaging in any activity prohibited by this section shall vacate the particular place at issue upon the request of an authorized official or law enforcement officer. The willful refusal to vacate the area shall be subject to a penalty as provided in section 1-15 of the City Code. Exclud- ing situations when a person is trespassing upon private property, if a law enforcement officer or other official encounters a person engaged in an activity prohibited by this section and that person volunteers that he or she has no home or perma- nent shelter, that person must be given an oppor- tunity to enter a homeless shelter or similar facility, if available, or be placed on public prop- erty where the city or Brevard County has autho- rized camping or overnight sleeping. If no such facility or public property is available, an arrest may not be made. Situations involving trespass upon private property shall be handled by law enforcement in accordance with trespass laws. (g) Exclusions. The prohibitions in this section shall not apply to public shelters, public build- ings, public parks or beaches, or public property where the city or Brevard County has authorized camping or overnight sleeping. (Ord. No. 15-97, § 1, 12-2-97; Ord. No. 13-2005, § 2, 8-2-05; Ord. No. 06-2015, § 2, 7-21-15) Sec. 50-5. Recreational fires, generally. Recreational campfires and cooking fires are permitted within the city provided that they are confined within a self-contained UL-listed con- tainer,comply with all City Code and Florida Fire Prevention Code requirements, and do not pro- duce excessive smoke emissions.Recreational fires within city parks,including but not limited to city beaches, are additionally subject to section 54-16 of the City Code. (Ord. No. 06-2015, § 2, 7-21-15) Supp. No. 24 CD50:5 Chapter 54 PARKS AND RECREATION* Article I. In General Sec. 54-1. Definition of city park. Sec. 54-2. Procedures for naming of city parks. Sec. 54-3. Reserved. Sec. 54-4. Commercial solicitation. Sec. 54-5. Commercial beach vendor franchises. Sec. 54-6. Commercial recreational franchises. Sec. 54-7. Hours of operation and general use of city parks. Sec. 54-8. Traffic. Sec. 54-9. Pollution and litter. Sec. 54-10. Removal of natural resources. Sec. 54-11. Fireworks; destructive devices; weapons; other potentially dan- gerous uses. Sec. 54-12. Hunting/wildlife preservation and conservation. Sec. 54-13. Domestic and other animals. Sec. 54-14. Alcoholic beverages/tobacco products; gambling. Sec. 54-15. Trespass. Sec. 54-16. Recreational fires in city parks. Sec. 54-17. Sleeping and camping. Sec. 54-18. Noise and other conduct. Sec. 54-19. Peddling/distribution of materials. Sec. 54-20. Injuring,interfering with,etc., buildings and other property. Sec. 54-21. Interference with personnel/park operations. Sec. 54-22. Glass containers. .,` Sec. 54-23. Airsoft and paintball guns; BB guns. Sec. 54-24. Promulgation of rules; city fees; preexisting rules;conflicts with rules;enforcement and penalties. Sec. 54-25. Suspension of use of city park. Article II. Culture and Leisure Services Board Sec. 54-26. Established. Sec. 54-27. Reserved. Sec. 54-28. Duties. Sec. 54-29. Indebtedness. Secs. 54-30-54-45. Reserved. Article III. Vessel Control and Water Safety Sec. 54-46. Purpose and findings. Sec. 54-47. Definitions. Sec. 54-48. Area of enforcement. Sec. 54-49. Means of enforcement. Sec. 54-50. Careful and prudent operation required. Sec. 54-51. Speed not to be greater than what is reasonable under the conditions. *Cross references-Impact fees, § 2-231 et seq.; possession of alcoholic beverages on streets,alleys, sidewalks and parking areas restricted,§6-51;possession or consumption of alcoholic beverages in parks and recreation areas prohibited,§6-52;outdoor entertainment, § 10-46 et seq.; regulations regarding sea turtles, § 14-51 et seq.; litter, § 34-26 et seq.; dedicated public lands, § 110-476. Supp. No. 24 CD54:1 CAPE CANAVERAL CODE Sec. 54-52. Designation of areas of regulated water activities. Sec. 54-53. Procedure for designating additional areas of regulated water activities. Sec. 54-54. Exemptions. Sec. 54-55. Penalties. Supp. No. 24 CD54:2 PARKS AND RECREATION § 54-16 mals to be present and, in the event of such rules (b) It is unlawful for a person to enter or being promulgated, a person may act in accor- remain in a city park when that person's right to dance with such rules. use the city park has been suspended by the city pursuant to section 54-25 of this article. (b) It is unlawful to abandon any domestic animal, as defined in § 585.01 or § 823.041, (c) It is unlawful for a person to enter or Florida Statutes, into or at a city park. remain in any secure or locked area or building in a city park that is not intended to be open to the (c) It is unlawful to feed any animal at a city public. park unless the rules promulgated by the city, or a permit issued by the city, with regard to the (d) It is unlawful for a person to enter or particular city park or specific activity specifically remain in a city park when ordered to leave the authorizes the feeding of animals. city park by any law enforcement officer or city or Brevard County employee who has been autho- (d) The rights of persons to use service ani- rized to communicate an order to leave a city mals (e.g. dog guides) in accordance with the park. provisions of§ 413.08, Florida Statutes, shall not be violated or abridged by application of the (e) It is unlawful for a person to enter or provisions of this section. remain in a city park when that person is prohib- (Ord. No. 07-2014, § 2, 6-17-14) ited by law or court order to be in a city park. (f) Any person violating the provisions of this Sec. 54-14. Alcoholic beverages/tobacco section shall be subject to the civil penalties products; gambling. provided under this article and criminal penalties (a) It is unlawful for a person to possess or provided by applicable trespass laws including, consume any alcoholic beverage or beverages, as but not limited to, § 810.09, Florida Statutes. defined in§ 856.015 or§561.01,Florida Statutes, (Ord. No. 07-2014, § 2, 6-17-14) in any city park unless authorized or permitted by the city for a particular event occurring in a city Sec. 54-16. Recreational fires in city parks. park. (a) Fires prohibited in city parks, except in (b) It is unlawful for a person to consume any designated areas. Except as authorized in section tobacco product in any city park in an area that is 54-16(b), it is unlawful to ignite, set or maintain posted or noticed as a "non-smoking/tobacco free" any fire in a city park unless such fire is within an area or if instructed by a city employee that an area designated by the city for fires by signage area has been designated as a "non-smoking/ and postings displayed at the city park. Included tobacco free" area due to its particular usage such in this prohibition are recreational campfires and as playing fields and areas reserved for children. cooking fires.Any fire authorized in a designated area of a city park shall be continuously under the (c) It is unlawful to engage in any gambling care and direction of a competent person from the activity or game of chance, as generally described time it is ignited until it is extinguished. by various names pursuant to chapter 849, Flor- ida Statutes, or be in possession of any gambling (b) Cooking fires permitted upon city beaches device, as defined in § 849.231, Florida Statutes, located on the Atlantic Ocean. Open, uncontained in any city park unless authorized by law and fires, of any kind, are prohibited in all city parks, approved in advance by the city. including but not limited to city beaches. Cooking (Ord. No. 07-2014, § 2, 6-17-14) fires are permitted on city beaches provided that they are confined within a self-contained UL- Sec. 54-15. espass. listed container. Disposal of coals, briquettes, embers, or other heated or previously heated (a) It is unlawful for a person to enter or materials into trash receptacles or upon beach remain in a city park without a permit when a grounds is strictly prohibited. Prior to departing city park is closed. the immediate vicinity of the cooking fire, the fire Supp. No. 24 CD54:9 §54-16 CAPE CANAVERAL CODE must be completely extinguished. All materials Sec. 54-19. Peddling/distribution of materi- associated with cooking fires at the beach shall be als. promptly removed and the beach shall be re- turned to its condition prior to the use of such It is unlawful to engage in any commercial cooking fire. activity for any consideration within a city park (Ord. No. 07 2014, § 2, 6-17-14; Ord. No. 06 2015, without being authorized or permitted by the city. § 2, 7-21-15) The following activities shall not be prohibited commercial activity" pursuant to this section: Sec. 54-17. Sleeping and camping. (a) The sale of merchandise by the city or commercial activity pursuant to a con- The provisions of section 50-4 of the City Code tract between the city and a vendor that shall apply to sleeping and camping in all city provides goods or services to the patrons parks. of the city park. (Ord. No. 07-2014, § 2, 6-17-14) (b) Solicitation and collection of funds or the sale of merchandise or printed material Sec. 54-18. Noise and other conduct. by groups and organizations for the ben- efit of any charitable institution or orga- (a) It is unlawful to play any musical instru- nization as defined in § 501(c)(3) of the ment or audio amplification system or engage in Internal Revenue Code of the United States any activity in such a manner as creates a nui- or for the benefit of programs and/or proj- sance or disturbance in a city park. ects sponsored by the city; provided, how- ever,any solicitation and collection requir- (b) It is unlawful to use abusive, threatening, ing tents,tables,or any other facility to be offensive, profane, obscene or foul language or installed, erected or parked at the city engage in any disorderly conduct or behavior park shall require prior authorization and tending to breach the public peace in any city permit from the city. park. (c) The solicitation of membership or the (c) It is unlawful to use golf clubs within a city collection of dues from members of a group park unless the city park is designated and au- or organization that inure to the benefit of thorized for use as a city public golf course, that organization in accordance with a putting green or driving range. Otherwise, the program or league registered with the city open possession of a golf club with intent to use it to use the city park where the solicitation within a city park shall be rebuttably presumed to or collection occurs. be a violation of this section. (d) Contact between a salesperson and an individual, group or organization using (d) It is unlawful to take into, carry through, the city park where the salesperson was or put into any city park, any rubbish, refuse, invited by the individual, group or orga- garbage or other waste ("waste"). Such waste nization involved for his or her or its shall be deposited in receptacles so provided by benefit and not to involve persons not the city. Where receptacles are not provided, all associated with the individual, group, or such waste shall be carried away from the city organization. park by the person responsible for its presence (Ord. No. 07-2014, § 2, 6-17-14) and properly disposed of elsewhere. Sec. 54-20. Injuring, interfering with, etc., (e) It is unlawful to urinate or defecate, or buildings and other property. otherwise dispose of human waste, in a city park except in a designated portable or permanent It is unlawful to mark,deface,disfigure,injure, restroom. tamper with, displace or remove any building, (Ord. No. 07-2014, § 2, 6-17-14) bridge, table, bench, fireplace, railing, paving or Supp. No. 24 CD54:10 PARKS AND RECREATION §54-21 paving material, waterline or other public utility or part or appurtenance thereof, sign, notice, or placard monument, stake, post, or other struc- ture, equipment or any facilities, property or appurtenances whatsoever,whether temporary or permanent, located at a city park. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-21. Interference with personnel/park operations. (a) It is unlawful to interfere with, hinder, or oppose any law enforcement officer or city or Brevard County personnel in the discharge of his or her duties or with the enforcement of this article. Supp. No. 24 CD54:10.1 ,•100, ..0•10.` Chapter 62 SOLID WASTE* Sec. 62-1. Definitions. Sec. 62-2. Procedures for violations. Sec. 62-3. Authority of city to collect. Sec. 62-4. Ownership by city. Sec. 62-5. Schedule of fees. Sec. 62-6. Complaint procedure. Sec. 62-7. Transporting. Sec. 62-8. Containers required. Sec. 62-9. Residential solid waste pickup conditions. Sec. 62-10. Proper disposal prerequisite to collection. Sec. 62-11. Unlawful acts. Sec. 62-12. Regulations on file. *Cross references—Code enforcement,§2-246 et seq.;environment,ch. 34;litter,§34-26 et seq.;disposal of garbage,trash, rubbish, and other waste restricted, § 34-28; abandoned property, § 34-176 et seq.; utilities, ch. 78; concurrency management system,ch.86;vegetation,ch. 102;land clearing,§102-36 et seq.;supplementary district regulations,§110-466 et seq.;solid waste franchise agreement,app.A,art. VI. State law reference—Resource recovery programs, F.S. §403.702 et seq. .ter... Supp. No. 24 CD62:1 • "4%610, SOLID WASTE §62-1 Sec. 62-1. Definitions. similar accumulation not included under the def- inition of garbage, generated by the operation of The following words, terms and phrases, when stores, offices, and other commercial establish used in this chapter, shall have the meanings ments.Commercial trash shall not include special ascribed to them in this section, except where the context clearly indicates a different meaning: waste. Approved container means mechanical, refuse Construction and demolition debris shall have and recycling containers provided by the collector the same meaning proscribed in 62-701.200(24), and acceptable to the city. Florida Administrative Code, which at the effec- Biohazardous waste means any solid waste or tive date of this Agreement means: liquid waste which may present a threat of infec- Discarded materials generally considered to tion or disease to humans or may reasonably be be not water soluble and non hazardous in suspected of harboring pathogenic organisms.The nature,including but not limited to steel,glass, term includes, but is not limited to, non liquid brick, concrete, asphalt material, pipe,gypsum human tissue and body parts; laboratory and wallboard, and lumber, from the construction veterinary waste, which contain human-disease- or destruction of a structure as part of a con causing agents; used or contaminated disposable sharps(e.g. hypodermic needles, syringes,broken struction or demolition project or from the glass, and scalpel blades), human blood, and renovation of a structure,including such debris human blood products and body fluids; and other from construction of structures at a site remote materials which in the opinion of the Department from the construction or demolition project of Health and Rehabilitative Services represent a site. The term includes rocks, soils, tree re- significant risk of infection to persons outside the mains, trees, and other vegetative matter that generating facility. normally results from land clearing or land development operations for a construction proj- Bulk trash means any non-vegetative item ect; clean cardboard, paper, plastic, wood, and which cannot be containerized, bagged or bun- metal scraps from a construction project; ex- dled; including, but not limited to, inoperative cept as provided in Section 403.707(9)(j), Flor- and discarded refrigerators,ranges,toilets,wash ida Statutes, yard trash and unpainted, non ers, dryers, bath tubs, water heaters, sinks, bicy treated wood scraps from sources other than cles,car tires,and other similar appliances;house construction or demolition projects; scrap from hold goods, and furniture and shall not be manufacturing facilities that is the type of commingled with vegetative waste. material generally used in construction proj- Collector means any person or entity autho- ects and that would meet the definition of rized by the city to collect and remove solid waste. construction and demolition debris if it were generated as part of a construction or demoli- Commercial service means the collection and tion project,including debris from the construc- disposal services provided to business establish tion of manufactured homes and scrap shin ments,churches,schools,multiple dwelling units, gles, wallboard, siding concrete, and similar office buildings and other commercial establish materials from industrial or commercial facili ments serviced by mechanical container and/or ties and de minimis amounts of other non- commercial 96-gallon cart service. Commercial hazardous wastes that are generated at con service is further defined as any service identified struction or demolition projects, provided such within appendix B,Schedule of Fees,to this Code, amounts are consistent with best management other than Service Code SFR1,MHR2,and RCCM. practices of the construction and demolition Commercial trash means any and all accumu- industries. Mixing of construction and demoli- lations of paper, rags, excelsior or other packing tion debris with other types of solid waste will materials, furniture, appliances,wood, cardboard cause it to be classified as other than construc- boxes or containers, sweepings, and any other tion and demolition debris. Supp. No. 24 CD62:3 §62-1 CAPE CANAVERAL CODE Designated facility means a disposal process- known recycling potential, can be feasibly recy- ing, recovery, recycling or transfer facility desig- cled, and have been diverted and source sepa- rated by the city manager, or the city manager's rated or have been removed from the solid waste designee. stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent Duplex means and includes a detached two- processing or separation from each other,but does family dwelling designed or intended for occu- not include materials destined for any use that pancy by two families. constitutes disposal. Recovered materials as de- E-waste means electronic waste that includes, scribed above are not solid waste. but is not limited to, computer towers; laptop Recycling container means a minimum 14- computers;keyboards,zip and external hard drives; gallon recycling bin or larger cart used by resi- flat screen monitors, scanners, printers, and bat- dential customers and one or more 96-gallon tery backup units; speakers, cables and related recycling carts for commercial and multiple dwell- accessories; A/V equipment including amps, re- ing unit customers, or other types of recycling ceivers, DVD, VCR, televisions, cassette and reel bins approved by the city, to store recyclable to reel tape players, turntables and related elec- materials for collection and disposal service. trical hardware;power tools(plug-in and recharge- able);battery packs and chargers;communication Recyclable material means newspapers(includ- devices (hand held and ham radios, pagers, cell ing inserts), aluminum cans, plastic containers phones, cordless and wired phones); rechargeable (HDPE and PET), brown, clear and green glass appliances(dust-busters,shavers,flashlights,small bottles and jars, and other solid waste materials toys and fans); digital cameras, recorders, GPS added upon written agreement between the city units and related hardware;remote controls;elec- and the collector, when such materials have been trical motors up to three HP;microwave ovens;all either diverted from the remaining solid waste circuit boards;all Mercury-containing devices(i.e., stream or removed prior to their entry into the fluorescent tubes and compact fluorescent bulbs); remaining solid waste stream. HID bulbs; thermostats, thermometers and Refuse container means a heavy plastic recep- switches. tacle, with a rated capacity of not more than 96 Hazardous waste means waste defined as haz- gallons,having hinged tight-fitting lid and wheels, ardous waste pursuant to local, state, and federal which is designed or intended to be used for law. automated or semi-automated collection. Carts will be provided by and distributed by the collec- Industrial means establishments generating tor. Collector shall retain ownership of the carts. solid waste accumulation of metal, metal prod- ucts, minerals, chemicals, rock, cement, asphalt, Residential means single family detached homes, tar, oil, grease, glass, crockery, rubber, tires, bot- duplexes, multiple dwelling units, and mobile tles, cans, lumber, sawdust, wastes from animal home/RV parks. packing or slaughterhouses or materials usually Residential service means collection and dis- created by industrial enterprises. posal services provided to persons occupying res- idential dwelling units, mobile homes, RV parks Mechanical container means and includes plas- tic or metal containers of at least two cubic yards and multiple dwelling units not receiving commer- in size, dumped mechanically by a collection ve- cial service under this Agreement. Residential hide and able to be serviced by collector. service is further defined as services identified within appendix B, Schedule of Fees,to this Code, Multiple dwelling units means any building with a Service Code of: SFR1, MHR2, and RCCM. containing three or more permanent living units, not including motels and hotels. Roll-off container means a dumpster, which is used for the collection and disposal of construc- Recoverable materials means metal,paper,glass, tion and demolition debris or solid waste. The plastic, textile, or rubber materials that have roll-off container may be of the open or enclosed Supp. No. 24 CD62:4 SOLID WASTE § 62-5 variety and is typically hoisted onto a specially acting as its own solid waste collection or disposal equipped truck for transporting the construction/ service or facility, either independently, exclu- demolition debris or solid waste to a designated sively or in conjunction with others. facility. (Code 1981, § 673.12; Ord. No. 8-93, § 1(673.13), 4-20-93) Solid waste means bulk trash, refuse, vegeta- tive waste, and recyclable materials or any com- Sec. 62-4. Ownership by city. bination thereof. Ownership of solid waste set out for collection shall be vested in the city. It shall be unlawful for Special waste means solid waste that requires special handling and management by the collet any person other than the authorized collector to disturb, scatter, spread out, or remove any solid tor, and which is not accepted at the designated facility or other disposal facility or which is ac- waste set out for collection. Law enforcement cepted at the designated facility or other disposal agencies and their personnel when within the facility at higher rates than are charged for re- scope of their employment are exempt from the fuse,including,but not limited to,asbestos,whole Provisions of this section. tires which do not constitute household trash, Nothing in this section shall be construed as used oil, lead-acid batteries, and biohazardous prohibiting commercial establishments that gen- wastes. erate recoverable materials from selling or other- wise conveying their recoverable material to any Vegetative waste means any vegetative matter properly certified recovered materials dealer which resulting from routine and normal yard and land- satisfies the conditions provided in F.S.§403.7046. scaping maintenance generated on site and shall (Code 1981, § 673.095; Ord. No. 8-93, § 1(673.09), include materials such as tree and shrub materi- 4-20-93; Ord. No. 23-2003, § 2, 9-2-03) als,grass clippings,palm fronds,Christmas trees, tree branches and similar vegetative matter usu- Sec. 62-5. Schedule of fees. ally produced in the care of lawns, landscaping and yards. (a) Owners of any residential unit or commer- (Code 1981, § 673.01; Ord. No. 8-93, § 1(673.01), cial building within the city shall pay solid waste 4-20-93; Ord. No. 23-2003, § 2, 9-2-03; Ord. No. fees as established by the city council. The sched- 22-2004, § 2, 11-16-04; Ord. No. 04-2015, § 2, ule of fees is contained in appendix B to this Code 3-17-15) and is subject to revision from time to time as may Cross reference—Definitions and rules of construction be necessary. generally, § 1-2. (b) Failure of users to pay fees within 30 days of the billing date shall be a violation of this Sec. 62-2. Procedures for violations. chapter. In addition, the city shall have the right to seek enforcement and collection of the overdue Violations of this chapter may be enforced by fee through civil proceedings in a court of compe- the code enforcement citation system pursuant to tent jurisdiction, including a reasonable attor- Chapter 2,Article VI, Division 3 of this Code. ney's fee and costs, if such civil action is neces- (Ord. No. 04-2015, § 2, 3-17-15) sary. Editor's note—Prior to reenactment by Ord.No.04-2015, Ord.No.09-2012,§3,adopted June 19,2012,repealed§62-2, (c) All fees becoming due and payable on or which pertained to penalties and derived from Code 1981, after the effective date of the ordinance from § 673.10; Ord. No. 8-93,§ 1(673.10), adopted April 20, 1993. which this chapter is derived shall constitute and are imposed as a special assessment lien against Sec. 62-3. Authority of city to collect. the real property served by the city solid waste collection service, and until fully paid and dis- Nothing contained in this chapter shall be charged shall remain liens equal in dignity with construed to prevent the city from creating or the city's ad valorem taxes, and superior in rank Supp. No. 24 CD62:5 §62-5 CAPE CANAVERAL CODE and dignity to all liens, encumbrances, titles and least one container to hold four days' accumula- claims in,to or against the real property involved. tion of solid waste. Sunken containers are specif- Such fees shall become delinquent if not fully paid ically prohibited. within 30 days after the due date.All delinquent service charges shall bear a late charge of ten (b) A mechanical container or containers may percent of such fees due. Unpaid delinquent ser- be used as provided in this chapter. Such con- tainer shall be provided by the collector and the vice charges, together with all late charges and fees imposed thereon,shall remain and constitute city manager shall first determine whether or not special assessment liens against the real property a mechanical container shall be provided to any involved. owner, user, manager or occupant so requesting a mechanical container.Multiple-dwelling units con- (d) Each condominium association within the taining less than ten units may be provided a city will be responsible for the monthly condomin- mechanical container at the discretion of the city ium solid waste fee provided for in this chapter. manager. All commercial establishments (estab- (Code 1981, § 673.11; Ord. No. 8-93, § 1(673.11), lishments other than professional offices or other 4-20-93; Ord. No. 04-2015, § 2, 3-17-15) offices) shall be required to have mechanical con- tainers at the discretion of the city manager. Properties receiving residential services shall not Sec. 62-6. Complaint procedure. be permitted to use mechanical containers. The collector of solid waste is obligated to promptly respond to all complaints concerning (c) It shall be the duty of the owner, manager, the quality or absence of collection service. All tenant or occupant of any multiple-dwelling unit complaints with regard to refuse and trash collet to furnish or see that each unit with cooking tion service directed by this chapter shall be made facilities of said multiple dwelling is furnished or to the city, and subsequently directed to the supplied with an individual refuse container or collector by the city manager or the city manag containers or mechanical container or containers 'MAWS,er's designee. adequate and sufficient in size to comply with the (Code 1981 § 673.09; Ord. No. 8 93, § 1(673.07), terms of this chapter.All such solid waste contain- 4-20-93; Ord. No. 04 2015, § 2, 3-17-15) ers shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of solid waste or to deposit Sec. 62-7. Transporting. solid waste therein. It shall be unlawful for any Unless a person shall have been specifically person to deposit solid waste in such amount in authorized and licensed by resolution of the city the individual refuse containers or mechanical council to do so, it shall be unlawful for any containers that will not permit the cover thereof person to transport solid waste through or over to be kept tightly in place. the public streets or alleys of the city, except as (Code 1981, § 673.02; Ord. No. 8 93, § 1(673.02), otherwise provided in section 62-11(d). This pro 4-20-93; Ord. No. 04 2015, § 2, 3-17-15) vision shall be liberally construed to protect the public health, safety and general welfare of the Sec. 62-9. Residential solid waste pickup inhabitants of the city. conditions. (Code 1981, § 673.08; Ord. No. 8-93, § 1(673.06), (a) Separation of solid waste. Each individual 4-20-93) container shall contain solid waste, excluding yard trash, recyclable or recoverable materials. Sec. 62-8. Containers required. (b) Recyclable or recoverable material. Recycla- (a) All owners, residents and all occupants of ble or recoverable materials shall be placed in any residential unit and the owner,user, manager recycling containers provided by the collector, or occupants of any multiple-dwelling unit, or of except in the case of a commercial establishment any place or business or commercial establish- which has contracted with a properly certified ment with the city are required to provide at recovered materials dealer, as provided above in Supp. No. 24 CD62:6 SOLID WASTE §62-10 section 62-4 of the City Code. Only recyclable or provided by the collector. Recyclable materials recoverable materials may be contained in the and yard trash shall not be commingled with recycling containers. Recycling containers shall other solid waste. be provided for each property receiving residen- tial service and shall be placed by each owner, (e) Pickup. Each owner, resident and occupant resident or occupant at curbside in front of such of property receiving residential service shall place residential unit. Multiple dwelling units shall be individual refuse containers and recycling contain- provided recycling containers for use by all occu ers within five feet of curbside in front of such pants of such unit which shall be located at the residential unit. Solid waste shall be removed by the collector according to schedules that the city discretion of the city manager. No solid waste, other than recyclable or recoverable materials, from time to time shall publish. shall be placed in a recycling container (f) Location of solid waste containers. Solid (c) Vegetative waste. Collector shall be required waste containers shall not be located in such places or under such conditions as to cause un- to provide collection and disposal services for all necessary or unreasonable offense to sightliness, vegetative waste generated from residential cus- cleanliness, safety or other sanitary conditions. tomers provided same are placed in a refuse Solid waste containers shall not be kept upon container. Vegetative waste shall be segregated neighboring property, whether such neighboring from the garbage and household trash which shall property be vacant or improved,without the writ- be placed in a separate cart. All leaves and pine ten consent of the person having the right to needles, ornamental shrubs, clippings and tree possession and use of the neighboring property. trimmings with branches less than three inches No solid waste container shall be placed on any in diameter making up not more than one cubic city right-of-way, except for immediate pickup, yard shall be placed in the cart. Tree limbs, tree unless authorized in writing by the city manager .•- trunks,palm fronds,etc.,shall be cut in lengths of in advance. Mechanical containers shall not be no greater than four feet in length; shall be no placed in such manner as to hinder the closing of larger than six inches in diameter and shall not container lids. exceed 50 pounds per limb, trunk, frond, or bun- dle thereof. A special pick-up will be required (g) Bulk trash. Collector will provide collection when a "Cherry Picker, Claw or Clam" type col- and disposal services for all bulk trash generated lection vehicle is required to collect excess piles of from residential customers regardless of whether vegetative waste in excess of the maximum length it is containerized. and poundage set forth in this paragraph.Unbun- dled piles of yard waste will be subject to a (h) E-waste. Collector will collect and dispose minimum 1/2 Claw Truck fee per pickup for less of electronic waste placed curbside. than ten yards or full Claw Truck fee per pickup (Ord. No. 8-93, § 1(673.03), 4-20-93; Ord. No. for more than ten yards. Hired contractors and 23 2003, § 2, 9-2-03; Ord. No. 33 2003, § 2, 10-7- landscapers must haul away any vegetation de- 03; Ord. No. 22 2004, § 2 11-16-04; Ord. No. bris they produce. Customers will be responsible 04 2015, § 2, 3-17-15) for associated fees set forth in appendix B, Sched- ule of Fees, to this Code. Sec. 62-10. Proper disposal prerequisite to collection. (d) Solid waste. Solid waste other than yard trash and recyclable or recoverable materials No removal or collection of solid waste shall be shall be placed in individual containers. Each required by the collector from any premises within individual refuse container shall not exceed 50 the city, unless the solid waste is deposited in pounds of solid waste. Any item of solid waste proper containers. shall not exceed the measurement of four feet in (Ord. No. 8-93, § 1(673.04), 4-20-93; Ord. No. any direction. Containers for solid waste shall be 33-2003, § 2, 10-7-03) Supp. No. 24 CD62:7 §62-11 CAPE CANAVERAL CODE Sec. 62-11. Unlawful acts. (f) Hazardous waste. It shall be unlawful for any person to dump, deposit or dispose of any (a) Obstruction. It shall be unlawful for any hazardous waste in or around public/private re- person to park a motor vehicle in such a way that fuse or mechanical containers from which the the collector cannot service mechanical contain- collector removes solid wastes for the city. ers or otherwise to block access to such contain- (Ord. No. 8-93, § 1(673.05), 4-20-93; Ord. No. ers. 23-2003, § 2, 9-2-03; Ord. No. 33-2003, § 2, 10-7- 03; Ord. No. 04-2015, § 2, 3-17-15) (b) Container of another. It shall be unlawful for a person to place solid waste in a container Sec. 62-12. Regulations on file. assigned to another address,without written per- mission of the owner. (a) The fees and charges for recycling services are set forth in appendix B to this Code. (c) Burning or burying of solid waste. It shall (Ord. No. 22-2004, § 2, 11-16-04; Ord. No. 04- be unlawful for any person to bury solid waste 2015, § 2, 3-17-15) within the city. No such solid waste shall be burned within the corporate limits of the city. (d) Unlawful accumulation. It shall be unlaw- ful for the owner, resident, occupant or manager or person responsible for any land or premises to permit, suffer or allow, either by commission or omission, any accumulation of solid waste upon premises or property within the city for a period longer than four days without having arranged for disposal of the accumulation by the collector to perform such services and it shall be unlawful and a violation of this chapter for any person, whether owner, resident, manager or occupant of any premises to fail to provide a sufficient number of solid waste containers per unit as provided in this chapter to amply provide for any four-day period of solid waste accumulation. Nothing con- tained in this section shall prevent the owner or occupant, resident, manager or person responsi- ble for the premises to remove accumulations of solid waste on their own behalf, to a proper place of disposal. (e) Unlawful disposal. It shall be unlawful to dump, deposit or dispose of solid waste upon the premises of another, or upon any street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean, beach, pool, pond or the like within the city or in the container of another, except that tenants of multiple dwell- ings or businesses,where authorized,may deposit such accumulations in containers which the owner or manager of the multiple dwelling or business building has authorized for the use of the tenants thereof. Supp. No. 24 CD62:8 SUBDIVISIONS § 98-87 (6) Permanent reference monuments and per- completed in conformity with the design con- manent control points. tained in the approved construction plans and specifications, and the provisions and require- (b) The failure to notify the city of the com- ments of this chapter. mencement and completion of the construction of (Ord. No. 22 93, § 1(503.10(4)), 7-6-93) the items listed in subsection (a) of this section may be good cause for the city to refuse to issue a certificate of completion.All utility improvements Secs. 98-84, 98-85. Reserved. must be inspected by the city prior to backfilling. (Ord. No. 22-93, § 1(503.10(3)), 7-6-93) ARTICLE IV. IMPROVEMENTS Sec. 98-83. Issuance of certificate of comple- tion. DIVISION 1. GENERALLY (a) Upon completion of construction of the im- provements, the applicant or his authorized rep- Sec. 98-86. Development and enforcement of resentative shall provide to the city the following regulations. items: The city engineer is empowered to develop, (1) A letter stipulating that construction of publish, apply and enforce regulations and all the improvements has been completed specifications and procedures required or necessi- and requesting final inspection and ap- tated by this division. proval. (Code 1981, § 503.09(E); Ord. No. 22-93, (2) The testing reports and certificates of § 1(503.11(E)), 7-6-93) compliance from material suppliers spec- ified in this chapter. Sec. 98-87. Permanent markers. (3) Two sets of as-built construction plans. (a) Within 30 days after the approved subdivi- (4) A letter signed and sealed by a profes sion final plat has been filed and recorded in the sional engineer registered in the state office of the county clerk, and prior to commence- certifying that the improvements have ment of construction, the subdivider or property been constructed in conformity with the owner shall cause a registered surveyor to install approved construction plans and specifi permanent concrete monuments to be erected on cations. the corner and end of all property to be dedicated to the city for streets,parks,playgrounds or other (5) A letter from the appropriate authority public purposes. He shall also install such monu- approving all utility installations. If the ments at corners of the blocks. authority is accepting a public water or sanitary sewer system, there must be a (b) Where angles and curves occur in street or letter indicating acceptance of the con- easement lines, such monuments shall be placed struction of the system. at all angle points, points of curve and points of tangency. When the monuments have been in- (b) Upon receipt of the items listed in subset- stalled, the registered surveyor shall notify the tion (a) of this section, the city shall review the city engineer, who will then inspect the installa- data and make a final inspection of the con- tion in the presence of the registered surveyor. If strutted improvements and shall notify the appli- the work has been completed satisfactorily, in the cant of any items of noncompliance of the con- opinion of the city engineer,he will notify both the struction with the design contained in the approved owner and the registered surveyor in writing that construction plans and specifications and the pro- such work meets the requirements of this section. visions and requirements of this chapter.A certif- icate of acceptance shall be issued by the city (c) The monuments must be of such material when the construction of the improvements is and size as approved by the city engineer. ,1111111, Supp. No. 24 CD98:15 §98-87 CAPE CANAVERAL CODE (d) Iron pipes shall be placed at all lot corners. County." All sanitary sewer plans must be ap- (Code 1981, § 503.09(A); Ord. No. 22-93, proved by the city engineer and,as applicable,the § 1(503.11(A)), 7-6-93) state department of environmental protection and the state department of health and rehabilitative Sec. 98-88. Elevation. services or their successor departments/agencies. (Code 1981, § 503.09(C)(2); Ord. No. 22-93, (a) All elevations in a subdivision are referred § 1(503.11(C)(2)), 7-6-93) to N.G.V.D. of 1929. (b) One monument with bronze disk will be Sec. 98-91. Drainage. required in each subdivision or at least one per 50 Storm drainage, groundwater drainage and units in larger subdivisions. The location of the other drainage improvements plans and specifi- monuments must be approved by the city engi- cations for a subdivision must be approved by the neer. city engineer and, as applicable, the St. Johns (c) The bronze disk shall be flat, three inches River Water Management District. in diameter, and ahs-inch thick with a one-inch by (Code 1981, § 503.09(C)(3); Ord. No. 22-93, 21/2-inch stem at the bottom. This marker shall be § 1(503.11(C)(3)), 7-6-93) cemented in a drill hole in solid rock, in a bridge abutment or in any other permanent masonry Sec. 98-92. Streets. structure. The inscription shall read: "Florida, (a) Arterial streets cross sections of a subdivi- B.M. No. Elev. Cape Ca sion shall be in accordance with the city compre- naveral." hensive plan and as determined by the city engi- (Code 1981, § 503.09(B); Ord. No. 22 93, neer and approved by the planning and zoning § 1(503.11(B)), 7-6-93) board. Sec. 98-89. Water supply. (b) Collector streets shall have either: (a) All structures shall be connected to the city (1) A 60-foot-wide right-of-way, two 20-foot- water supply. wide pavements, four-foot-wide separa- tion strips, no less than five-foot-wide (b) Fire hydrants shall be placed so that the sidewalk on each side; or area served must fall within 500 feet radius or 650 feet along the street.Minimum size of the fire (2) A 60-foot-wide right-of-way, 40-foot-wide hydrant main shall be six inches and specifica pavement and no less than five-foot-wide tions shall conform to the "Criteria for Water and sidewalk on each side. Sanitary Sewerage Systems Within Brevard (c) Minor streets for row houses and apart- County." ments shall have a 60-foot-wide right-of-way, 36- (c) All public water plans and specifications foot-wide pavement, and no less than five-foot- must be approved by the city engineer, the City of Fide sidewalks on each side.For residences,minor Cocoa water department, and, as applicable, the streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and no less than five-foot- state department of environmental protection or its successor departments/agencies. wide sidewalks on each side. (Code 1981, § 503.09(C)(1); Ord. No. 22-93, (d) Marginal access streets shall have a 50-foot- § 1(503.11(C)(1)), 7-6-93) wide right-of-way, 24-foot-wide pavement, and no less than five-foot-wide sidewalks on each side. Sec. 98-90. Sewers. (e) Streets along development boundaries and All structures shall be connected to the city streets connecting a development with existing sewer system. System design and construction improved street systems require cross sections as shall conform to the "Criteria for Water and determined by the city engineer and approved by Sanitary Sewerage Systems Within Brevard the planning and zoning board. Supp. No. 24 CD98:16 SUBDIVISIONS § 98-92 (f) Alleys must be paved full width, 20 feet nance of Streets and Highways," as published by minimum, as per approval of the city engineer. the state department of transportation, and no other: (g) Grades on streets require plans and pro- files to be approved by the city engineer. (1) Limerock stabilized base. Limerock base will only be used in well-drained areas not (h) Radii of pavements at street intersections having a high or fluctuating water table. shall not be less than 30 feet at the edge of the The area must be approved by the city pavement or face of the curbline. engineer. (i) All rights-of-way for streets,roads and drain- (2) Soil-cement base. Design of the mixture age easements are to be cleared for their full shall be submitted to the city engineer for width and, upon completion, left in a clean and approval before processing begins. Wet- neat condition. If required to prevent erosion or dry test cylinders shall have a psi corn- excessive washing, such areas abutting the street pression value of 300 pounds or greater at and ditches shall be sprigged with grass or other seven days. protective measures shall be taken as required by the city engineer. (3) Sand bituminous road mix. Design of the mixture shall be submitted to the city (j) All necessary drainage easements shall be engineer for approval before processing furnished at no expense to the city. starts.The design will include the amount (k) The developer shall give the city engineer of bitumen by volume to be supplied per at least two weeks' notice in writing by registered inch of depth per square yard of surface letter before the commencement of any construc and the maximum obtainable density per cubic foot with optimum bitumen content. tion. (1) The developer shall have available a quali- (p) The pavement surface of streets shall have fled engineer or assistant for the purpose of set single, double or triple surface treatment, and a ting all line and grade stakes when required by minimum of a one-inch-thick asphaltic concrete the contractor or inspector. surface course, as specified by the state depart- ment of transportation "Standard Specifications (m) The city may have an inspector on the for Road and Bridge Construction," latest edition. project when deemed necessary during the con- struction period. The inspector shall be autho (q) Subgrade stabilization of streets shall have rized to enforce the construction of the work in a limerock bearing ratio(LBR)equal to LBR 40 to accordance with the plans and specifications cov depth of 12 inches. The subgrade shall be that ering the work. The inspector shall be furnished portion of the road directly and through 12 inches with a complete set of plans and specifications for below the base course, and the entire width of the this purpose. If any change is required in the road and extending six inches back of the curbs. If plans during the period of construction such curbs are not used,the subgrade will be stabilized changes must first be approved by the city engi one foot wider than the pavement on both sides. neer. (r) Stabilized subgrade requires one LBR for (n) All paved roads shall provide a minimum every 600 square yards. Base course design for of two 12-foot-wide lanes (24 feet width total) soil cement and sand bituminous road mix re- exclusive of curbs. quires a test for every material change. Limerock base course requires a Proctor test for every type (o) All roadways shall be underlain by a base of limerock. Asphaltic concrete surface course course of one of the following types, having a requires a design to be submitted for approval.A minimum thickness of six inches, with design as 2300 Hubbard-Field stability is required, as well prescribed by the "Manual of Uniform Minimum as type 2, as prescribed by the state department Standards for Design, Construction and Mainte- of transportation standard specifications. Supp. No. 24 CD98:17 98-92 CAPE CANAVERAL CODE (s) Curbs and gutters shall have a raised curb (y) Seeding and planting of median strips shall of one of the following types and shall be con- be per city specifications. structed of class A concrete: (Code 1981, § 503.09(C)(4); Ord. No. 22-93, (1) Six-inch by 16 inch straight curb. § 1(503.11(C)(4)), 7-6-93; Ord. No. 13-97, §§ 1, 2, 10-21-97; Ord. No. 05-2015, § 2, 6-16-15) (2) Combination curb and gutter. (3) Combination sloped curb and gutter sloped Sec. 98-93. Boundary line survey. curb. The subdivision boundary line survey shall (t) Sidewalks shall be constructed as follows: conform to the following: (1) Residential areas shall have a sidewalk (1) Closure. no less than five feet wide. a. The angular error of closure shall (2) Arterial and collector streets shall have a not exceed one minute times the sidewalk no less than five feet wide. square root of the number of obser- vations. (3) All sidewalks shall be a minimum of three and one-half inches thick, 3000 psi con- b. The linear error of closure shall not trete, reinforced with six by six # ten exceed one foot in 5,000 feet. welded wire mesh or with polypropylene c. The closure error shall be adjusted fibers("Fibermesh"),with expansion joints by the transit method. at 30-foot intervals and construction joints at five foot intervals. (2) Marking boundary lines. Corners and/or (4) All sidewalks in front of driveways shall angles in property lines shall be marked be a minimum of six inches thick,3000 psi with four inch by four inch by 30 inch concrete,reinforced with six by ten(6x10) concrete monuments with 2/4 inch brass welded wire mesh or withpolypropylene caps. The concrete monuments shall be reinforced with a no. 4 steel rod. fibers("Fibermesh"),with expansion joints at 30-foot intervals and construction joints (3) Computations. Two copies of computa- at five foot intervals. tions of closure shall be submitted for the (u) Driveway apron shall be a minimum of six approval of the city engineer. inches thick, 3000 psi concrete, with six by six # (Code 1981, § 503.09(D); Ord. No. 22 93, ten, welded wire mesh. Driveways shall be a § 1(503.11(D)), 7-6-93) minimum of three and one-half inches thick,3000 psi concrete, with a six by six # ten welded wire Sec. 98-94. Final acceptance of work. mesh or with polypropylene fibers ("Fibermesh"). (a) Maintenance of the improvements enumer- (v) Catch basins and drop inlets shall be con- ated in this article will not be finally accepted by structed of either masonry or reinforced class B the city until all work is fully completed from concrete. right-of-way line and approved and certified by the city engineer. (w) Drainage pipe shall be of a material as approved in the "Roadway and Traffic Design (b) All construction shall be in accordance with Standards," latest edition, as prepared by the the applicable state department of transportation state department of transportation. and county road specifications. (x) The developer will furnish and install street (Code 1981, § 503.09(F); Ord. No. 22-93, § 1(503.11(F)), 7-6-93) markers at all intersections. Such street markers will be of the quality and design as approved by the city engineer. Secs. 98-95-98-105. Reserved. Supp. No. 24 CD98:18 SUBDIVISIONS § 98-106 DIVISION 2. DESIGN STANDARDS Sec. 98-106. Blocks. (a) The lengths,widths and shapes of blocks in a subdivision shall be determined with due regard to the following: (1) Provision of adequate building sites suit- able to the special needs of the use con- templated. (2) Zoning requirements as provided in chap- ter 110 of this Code as to lot sizes and dimensions. (3) Such access,circulation,control and safety of street traffic as deemed necessary to protect the public health, safety and wel- fare. (4) Limitations and opportunities of topogra- phy. (b) Block lengths shall not exceed 1,500 feet or be less than 500 feet. Supp. No. 24 CD98:18.1 VEGETATION § 102-36 ARTICLE I. IN GENERAL Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the Secs. 102-1-102-25. Reserved. stems of a multistemmed tree,measured four and one-half feet above natural or finish grade. ARTICLE II. TREE PROTECTION Diseased tree means a tree with a sustained or progressive impairment caused by tree disease DIVISION 1. GENERALLY which seriously compromises the viability of the tree in that it is unlikely the tree will remain living and viable for a period of more than three Secs. 102-26-102-35. Reserved. years or the tree causes other imminent peril to viable trees, existing structures or persons in the DIVISION 2. LAND CLEARING* vicinity of the diseased tree.Any claim that a tree is diseased for purposes of obtaining a land- Sec. 102-36. Definitions. clearing permit pursuant to the requirements of this division shall be certified in writing by a The following words, terms and phrases, when licensed arborist or other qualified tree expert used in this division, shall have the meanings deemed acceptable by the city, and shall be con- ascribed to them in this section, except where the sidered by the city in issuing any such permit. context clearly indicates a different meaning: Building official. The building official of the Dripline means an imaginary vertical line run- city and his or her designee. ning through the outermost portion of the tree crown extending to the ground. Caliper. Measurement of a tree 12 inches from .,..... soil level. Hazardous tree means a tree existing on a developed parcel of land, where such parcel is not Clear trunk means a measurement from the a redevelopment site,that is not dead or diseased, soil line to the point in the canopy where the trunk caliper begins to taper abruptly. On many but due to its shape, location or growth pattern, palms, this point will lie at the base of the petiole which cannot be corrected by pruning, may cause of the third or fourth youngest but fully expanded or reasonably be expected to cause imminent leaf. damage to persons or property and/or presents an imminent potential threat to the health, safety, Crown. The mass of branches,twigs and leaves and welfare of the general public, as determined at the top of a tree,with particular reference to its by the city arborist. shape. Land clearing means the disturbance or re- Desirable species(trees/plants). Trees and plants moval of vegetation from any site, parcel or lot adaptive to the climate and soil of the city and using backhoes, bulldozers, root rakes, or similar identified in section 102-52 of this division, as mechanical means which may kill or damage may be amended by the city council by ordinance roots, branches, or trunks; provided, however, it or rule promulgated pursuant to section 102-51 of does not include routine mowing, sod replace- this division. ment,planting of landscape material,shrub prun- *Editor's note—Ord. No. 05-2005, § 2, adopted April 19, ing, and shrub removal, and tree trimming or 2005, amended div. 2 in its entirety and enacted similar pruning, which does not result in grade changes. provisions as set out herein. The former div. 2 derived from Code 1981, §§ 657.01,657.03,657.05, 657.07, 657.09, 657.11, Land clearing permit shall mean a permit 657.13, 657.15, ch. 657, app. A; Ord., No. 28-94, §§ 3-5, issued by the building official under this division adopted July 19,1994;and Ord.No.13-98,§1,adopted March 17, 1998. which authorizes land clearing and/or tree re- Cross reference—Solid waste,ch. 62. moval activities. Supp. No. 24 CD102:3 102-36 CAPE CANAVERAL CODE Mangrove means any specimen of the species or causes a tree to die within a period of two years avicennia germinans (black mangrove), from the time of the act including,but not limited laguncularia racemosa (white mangrove) or to, by cutting, girdling, relocating, interfering rhizophora mangle (red mangrove). with the water supply,applying chemicals,regrad- ingNative vegetation means plant material indig around the base of the tree trunk. enous to the city, including all those species listed Tree protection zone means the area located in but not limited to those in section 102-52. around the perimeter of the dripline of a tree in Person includes any individual, firm, corpora- which no activity such as clearing, filling, exca tion, partnership,joint venture association, prin- cipal, vating, storage of materials, parking of vehicles, cipal, trustee, government, or any agent or repre or any other activity that in the opinion of the sentative thereof. building official may damage the tree. At the discretion of the building official, the tree protec- Protected barrier.A polygon of two inches x four tion zone may be reduced for trees located on inches wide stakes spaced a maximum of eight small lots in order to reasonably protect the tree feet from each other at the perimeter of the tree and facilitate construction on said lot. protection zone and which extend out of the ground at least 36 inches,with the top four inches Tree replacement credit means the tree replace ment credit offered to a person for replacing trees marked by fluorescent orange paint or tape. removed or destroyed in accordance with this Recognized knowledgeable person means a per- division with desirable species. son recognized by the city as being knowledgeable in the identification and evaluation of vegetative Undesirable species means any of the species resources, such as a forester, biologist, ecologist, identified in section 102-53. horticulturalist,landscape architect,licensed land Understory means an underlying layer of low scape contractor, certified nurseryman or person native vegetation usually associated with trees. having similar recognizable skills and experience. �, Plants in the understory consist of a mixture of Silviculture means a process, following accept- seedlings and saplings of canopy and palm trees able forest-management principles, whereby the together with understory shrubs (i.e. cabbage crops constituting forests are tended, harvested palms, palmettos). and reproduced. Vegetation means any plant material,including Specimen tree means a tree having a caliper of but not limited to trees, shrubs, vines, herbs and 24 inches or more in diameter. Specimen trees grasses. shall not include undesirable, dead, hazardous or diseased trees, or trees that are structurally un- Viable means having the capacity to live and sound and cannot recover from pruning. develop. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 03-2007, Transplant means the act of relocating an § 2, 3-6-07; Ord. No. 12-2009, §2, 1-5-10; Ord. No. existing tree upon the same lot. 01-2014, § 2, 1-21-14; Ord. No. 01-2015, § 2, Tree means a woody or fibrous perennial plant 1-20-15) with one or more upright limbs with a minimum dbh of four inches, or a sum of dbh of four inches Sec. 102-37. Title; applicability; intent and for multistemmed trees and an average mature purpose; tree bank. height of at least ten feet. (a) Title. This division may be cited and re- Tree bank means that account maintained by ferred to as the "City of Cape Canaveral Tree the city as a repository for any funds collected and Preservation and Landscaping Code." distributed pursuant to this chapter. (b) Applicability. This division shall be appli- Tree removal includes any act which physically cable to all land lying in the incorporated area of removes the tree or its root system from the earth the city. Supp. No. 24 CD102:4 VEGETATION § 102-38 (c) Intent. The intent of this division is to forcement board or special master, and seeking encourage the protection of the maximum num- injunctive and equitable relief. For purposes of ber of viable trees listed in the desirable species determining the penalties provided under this list. It is further the intent of this division to division, the removal or death of a tree in viola- encourage the protection of trees native to central tions of this division shall be deemed irreparable Florida and to encourage proper removal of ex- or irreversible. Further, each day a violation con- otic, pest trees.To this end, it shall be unlawful to tinues shall constitute a separate violation. It cut down,damage,poison,or in any other manner shall also be a separate violation of this division destroy or cause to be destroyed any tree or other for each tree removed without a permit. vegetation as covered by the provisions of this division except in accordance with the provisions (b) Penalties. In addition to all other remedies set forth herein. Notwithstanding, in the case of set forth in this division, one or more of the emergencies involving natural disaster such as, following civil fines shall apply to violations of but not limited to, flood, freeze or other natural this division: disasters, the requirements of this division may be temporarily waived by the city council by (1) Failure to obtain a permit required by resolution. section 102-39. Fine of$250.00 per tree or (d) Purpose. The purpose of this division is to $500.00 per specimen tree removed, plus establish regulations for trees within the city in $500.00 per quarter acre of understory order to maintain and protect the city forest, to cleared. better control problems of flooding, soil conserva- (2) Failure to abide by a cease and desist tion, air pollution and noise, and to make the city order issued under this division. Fine of a healthier, more attractive and safer place in $250.00 for the first day and $500.00 per which to live. day for each day thereafter. (e) Tree bank. Funds deposited in the "Tree Bank" pursuant to this chapter shall be used for (3) Failure to abide by the requirements of public purpose landscape enhancements at the other provisions of this division. Fine of sole discretion of the city,which shall include,but $250.00 for the first occurrence and$500.00 not be limited to tree planting, tree maintenance, for repeat occurrences. beautification, education, and/or ecosystem man- agement projects. All fees, fines, and other pay (c) Cease and desist orders. The building offi ments made to the city pursuant to this chapter tial shall have the right to issue cease and desist shall be deposited in the city's "Tree Bank". The orders upon persons in violation of this division value to be paid into the "Tree Bank" shall be for a maximum of five working days. Upon review established by resolution of the city council; set of the violation by the city manager, the city forth in Table 1; and based upon wholesale mar- manager may extend the cease and desist work ket value of the trees being replaced, plus instal- order until the violation is brought in compliance lation and maintenance costs to establish the and all resulting fines incurred as a result of the tree. violation have been paid. The city manager's (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 21-2005, decision may be appealed to the city council § 2, 1-3-06;Ord. No. 12-2009, §2, 1-5-10;Ord. No. pursuant to section 102-48. 01-2014, § 2, 1-21-14) (d) Withholding of certificate of occupancy. The Sec. 102-38. Enforcement and penalties. building official shall have the right to refuse to issue a certificate of occupancy or certificate of (a) Enforcement. The city may enforce the pro- completion until all violations of this division visions of this division by any lawful means have been remedied. including, but not limited to, issuing a civil cita- (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 21-2005, tion, bringing charges before the city's code en- § 2, 1-3-06; Ord. No. 12-2009, § 2, 1-5-10) Supp. No. 24 CD102:5 § 102-39 CAPE CANAVERAL CODE Sec. 102-39. Permits. c. An indication of all trees proposed for removal and proposed to be re- (a) Permit required. No person shall engage in tained. tree removal or engage in land clearing within the city without obtaining a land clearing permit d. The location of existing and pro- required by this division and issued by the build- posed improvements, if any, includ- ing official. If a property owner has retained a ing buildings, structures, impervi- contractor to perform the tree removal or land ous surfaces (e.g. pool decks, drives, clearing, the contractor shall be responsible for parking areas), stormwater reten- obtaining the permit required by this division tion and detention areas, utilities prior to the tree removal or land clearing. and other such improvements. Pro- posed improvements shall be de- (b) Application required. An application for pitted as an overlay on existing trees tree removal and land clearing shall be filed on an so as to clearly indicate which trees official form provided by the building official. The must be removed in order to accom- applicant shall be required to pay a fee as may be modate the construction of the im- established by the resolution of the city council, provements. except that no fee shall be required for the re- moval of trees that are dead,diseased,suffer from Upon request by the applicant, the severe structural defects,pose a clear and obvious building official or appropriate re safety hazard to structures or people or removed view board may permit an applicant for a public project sponsored and paid for by the to omit certain portions of the tree city. If the applicant is not the property owner, inventory where compliance with the then the applicant shall attach the written per- requirements set forth herein would mission of the property owner to the application. be unnecessarily burdensome and All completed applications shall be returned to the exempted portions are not needed the building official, along with the appropriate for the city to evaluate the applica --� fee and the following minimum information: tion. (1) Legal description of the property, includ (7) A replacement plan in accordance with ing street address. division indicating the means for compen- sating for the tree(s)to be removed includ- (2) Name,address and phone number of prop- ing the species and size of any replace- erty owner. ment trees. (3) Name, address and phone number of ap- (8) If grade changes are proposed on the site, plicant, if other than property owner. a grading plan drawn to scale shall be (4) Date upon which land clearing is to com provided.In addition a written statement shall be provided by a landscape architect mence. or other competent professional indicat- (5) Valid reasons for the removal of trees. ing the probability of whether the grade change will result in the death of trees (6) A tree inventory,for the portion of the site intended to be preserved. Said statement to be developed, consisting of a scaled shall immediately be brought to the atten- drawing of a scale of one inch equals 50 tion of the building official at the time the feet or less indicating: application is filed and prominently at- a. Property boundaries. tached to the front of the application. b. The location of all individual trees (9) A protection plan describing how pre- including the tree's common or sci- served trees shall be preserved on the site entific name, and the diameter of and adjacent properties during construe- each tree. tion, tree removal, and grading. Supp. No. 24 CD102:6 VEGETATION § 102-40 (c) Time for application. Applications for land (2) When a written survey permit has been clearing permits shall be made prior to tree re- issued,the applicant shall post the survey moval or land clearing, except that if the tree permit on the affected property in such a removal or land clearing is part of a proposed manner as to be visible from an abutting development project that requires site plan or road right-of-way.The survey permit shall subdivision approval, the application shall be remain posted on the affected property submitted at the time the site plan or subdivision during all applicable land clearing activ- application is submitted so that due consideration ity. It is the responsibility of the applicant may be given to the protection of trees during the to maintain the survey permit form in a site plan or subdivision process. Each application clearly visible manner at all times. for tree removal shall be subject to review under (f) Permit contents. The land clearing or sur- the site plan and subdivision process. vey permit, when issued, shall specifically iden- tify which land areas may be cleared and which (d) Approved site plans, permits, and develop- trees shall be permitted to be removed. The per- ment agreements. All permits issued by the build- mit merely authorizes the removal of the trees ing official under this division shall be required to specified therein. Nothing in this division shall be be consistent, and not in conflict, with any plans, construed to require the removal of such trees by permits, or development agreements approved by the permittee. the city council or other appropriate board. All permits or portions thereof issued by the building (g) Duration of land clearing permit. A land official in conflict with any such approval shall be clearing permit shall expire 90 days from the date deemed null and void and the approval of the city of issuance for single-family projects and 180 days council or appropriate board shall remain in full for subdivisions, multifamily, commercial and in- force and effect. dustrial projects. Two extensions of 30 days each may be authorized by the building official, pro- vided vided appropriate justification warrants, such as (e) Survey permit. A survey permit may be issued by the building official for the limited unusual weather, seasonal situations or inability purpose of allowing land clearing and tree re- to obtain permits from other agencies. Trees not moval for surveys and soil or engineering testing removed during the life of the permit may not be according to the following: removed without the issuance of a new permit based upon a new application. (1) Tree removal and land clearing for sur- (h) Posting of land clearing permit. When a veying shall be subject to the land clear- written land clearing permit has been issued, the ing and tree removal requirements of this applicant shall post the land clearing permit on division. The land clearing area for sur- the affected property in such a manner as to be veying shall not be greater than five feet visible from an abutting road right-of-way. The in width or shall not be greater than eight land clearing permit shall remain posted on the feet in width with a reasonable turn- affected property during all applicable land clear- around for soil and engineering testing. ing activity and until final inspection by the city. The owner of the property proposed to be It is the responsibility of the applicant to main- cleared or his authorized agent shall sub- tain the land clearing permit in a clearly visible mit a survey permit application to the manner at all times. building official, on such form as provided (Ord. No. 05-2005, § 2, 4-19-05) by the city.The survey permit shall expire after 30 days from the date of issuance. Sec. 102-40. Permit criteria; exemptions; The building official may grant an admin standards of review. istrative waiver for an additional 30 days for hardship, including adverse weather, (a) Permitted criteria. Upon receipt of a com- size of property and inability to obtain pleted application and verification by the building permits from other agencies. official, the building official may, after applying Supp. No. 24 CD102:7 § 102-40 CAPE CANAVERAL CODE the standards of review set forth in subsection(c), (2) All trees and plants, within a licensed issue a land clearing permit under any one of the tree nursery, planted for harvest provided following conditions: said trees and plants are planted and growing on the premises of the licensee (1) For building and construction sites, as and are for sale or intended for sale in shown on city-approved site plans, pro- their ordinary course of business. vided trees and landscaping are installed on the property in accordance with sec- (3) The emergency removal of a dead,hazard- tion 102-43 of this division. ous or seriously damaged tree,to mitigate (2) The trunk of the tree is located closer an imminent threat to the health, safety, than five feet to the foundation of an and welfare of the property owner or the existing or proposed structure, and it is general public. Prior to any emergency not feasible to relocate the structure, pro- removal, the property owner shall be re vided trees and landscaping are installed quired to document the immediate threat on the property in accordance with sec- requiring emergency removal with the tion 102-43 of this division. following: (3) The trunk of the tree is located closer a. Photograph(s) of the tree(s), includ than ten feet from the foundation of an ing any areas that may be damaged, existing or proposed structure and the diseased or infested; tree is considered having an aggressive b. Approximate measurements of the root system or the natural mature height tree height, spread, and DBH; and is greater than 30 feet and it is not feasi- ble to relocate the structure, provided c. Distance to structure(s) or other im- trees and landscaping are installed on the movable,threatened target(s)if felled. property in accordance with section 102-43 of this division. (4) Land clearing and tree removal activities authorized and preempted by state or (4) Trees severely diseased, severely injured federal law. or dead. (5) Trees planted specifically for silvicultural (5) Trees that interfere with the construction purposes provided the property owner can or repair of public infrastructure and fa- provide documentation to the city evidenc- cilities. ing that: (i)the property is requested as a (6) Undesirable trees, per section 102-53 of silvicultural site with the division of for- this division. estry; and (ii) trees of typical harvestable size and type exist on the property which (7) Trees that have been approved for re- are capable of being harvested for income moval by the building official and which and that the property has, or intends to, shall be replaced elsewhere on the prop- generate income from the harvested trees. erty. (6) The removal of any plant or tree that is an (b) Permit exceptions. The following tree re- invasive or undesirable species as set forth moval activities are exempt from the permit re- in section 102-53. quirements of this division: (7) The removal of vegetation that has been (1) Trees removed by the city or other govern- ordered by the city. mental agency and which interfere with the safety of the motoring public or dis- (8) Land clearing and tree removal on parcels rupt public utilities such as power lines, containing an existing residential single- drainage systems and other public utili- family dwelling unit or duplex or triplex ties. that have been issued a certificate of Supp. No. 24 CD102:8 VEGETATION § 102-40.5 occupancy.These parcels shall remain sub- (5) Any proposed landscaping including plans ject to the provisions of sections 102-41 whereby the applicant has planted or will and 102-45. plant trees to replace those that are pro- posed to be cleared. (9) Any parcel subject to a city development order authorizing the construction of a (6) Topography of the land and the effect of new residential single-family dwelling unit, tree removal on erosion, soil retention duplex or triplex, or a subdivision with and the diversion or increased flow of three or less single-family dwelling units. surface water. These parcels shall remain subject to the (7) Good forestry practices, such as the num- provisions of sections 102-41 and 102-45. ber of healthy trees that a given parcel of land will reasonably support and the (10) Land clearing and tree removal on unde- proven techniques that sustain healthy veloped parcels in the R-1, R-2 and R-3 trees. zoning districts that are less than 10,000 square feet. These parcels shall remain (8) Necessity to remove trees in order to subject to the provisions of sections 102-41 construct approved and permitted improve- and 102-45. ments to allow reasonable economic enjoy- ment of the property, including: (c) Permitted standards of review. When mak- a. Need for access around the proposed ing decisions under this division, the city shall be structure for construction equip- guided by the following standard of review guide- ment (maximum of ten feet). lines: b. Need for access to the building site (1) Necessity to remove trees which pose a for construction equipment. clear and obvious safety hazard to pedes- c. Essential grade changes. trian or vehicular traffic or threaten to d. Need for locating street or road rights- cause disruption to public services or a of way, utilities, drainage ways, as significant obstacle to accessing and uti well as the need to provide reason- lizing public easements and rights-of-way. able use and property access. (2) Necessity to remove trees which pose a (9) The extent of any damage or demon- clear and obvious safety hazard to build- strated hardship which would result to ings and other improvements on a lot or the applicant from a denial of the re- parcel of land. Ordinary small cracks or quested permit. uplifts in pavement,sidewalks,and nonoc- cupied structures that are typically caused (10) The species and size of the trees proposed by settling and small roots shall not be for removal. considered a safety hazard. (11) The following factors shall also be consid- ered: (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other a. Trees forming the current canopy. injury or trees with severe structural de- b. Preservation of the next generation fects that pose a clear and obvious safety of trees. hazard to people, buildings or other im- (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, provements on lot or parcel of land. § 2, 1-5-10; Ord. No. 01-2015, § 2, 1-20-15) (4) The extent to which tree removal is likely Sec. 102-40.5. Reserved. to result in damage to the property of Editor's note—Ord. No. 12-2009, § 2, adopted Jan. 5, other owners, public or private, including 2010, repealed § 102-40.5, which pertained to small scale damage to lakes,ponds,streams,or rivers residential land clearing requirements and derived from Ord. through runoff or erosion. No. 21-2005,§ 2, adopted Jan. 3, 2006. Supp. No. 24 CD102:9 § 102-41 CAPE CANAVERAL.CODE Sec. 102-41. Specimen trees. (5) Whether the specimen tree is diseased, weakened by age, storm, fire or other (a) Specimen trees shall be preserved or relo injury so as to pose a danger to persons, Gated on site to the greatest extent feasible. property,site improvements or other trees. (b) Notwithstanding any other provision of this (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, division, specimen trees shall not be removed § 2, 1-5-10) except for extraordinary circumstances and hard- ships and only by final permit approved by the Sec. 102-42. Special waiver provision. city council. As a condition of removal of any specimen tree, the city council shall have the In furtherance of tree protection and preserva right to require that replacement trees be planted tion and the related public purposes stated in or a contribution to the tree bank be made in section 102-37 of this division, any person or accordance with section 102-43, except replace- entity may request a limited waiver from any ment and/or tree bank contribution shall be based provision of the city's land development or zoning on a maximum of a two-to-one ratio of cumulative code upon submitting a written application pro diameter (dbh) basis of specimen trees removed vided by the city. After review and recommenda- using the data in Table 1. tion by the planning and zoning board, the city council may grant the waiver under the following (c) In reviewing an application for final permit conditions: to remove a specimen tree, the city council shall consider the following: (a) The waiver may be granted during the site plan review process. Such waiver (1) Whether the site design, as determined shall be at the city council's sole discre- by a preland-clearing inspection, are fea- tion on a case-by case basis. sible to allow the use permitted, as estab- lished by the applicable zoning district (b) The waiver must directly result in the regulations. Streets, rights-of-way, ease- preservation of a hardwood tree (e.g. oak) ments, utilities, lake perimeters and lot and/or the implementation of an extraor- lines shall be shifted whenever possible to dinary landscape plan that goes well be- preserve trees. yond the minimum requirements of the City Code including, but not limited to, (2) Whether the specimen tree is located within planting additional and larger plant ma- the footprint of the proposed structure or terials and trees, planting premium A- if more than one-third of the specimen grade plants and trees, incorporating dec- tree canopy would be required to be re- orative hardship features into the moved in order to accommodate the pro- landscape design (e.g. fountains, decora- posed structure, and whether or not it is tive fences and walls, trellises, lighting, feasible to relocate the structure. etc.),and planting premium A-grade plant (3) Whether the location of the specimen tree materials and trees on public property. prevents any access to the property from a (c) The waiver is compatible with the sur- publicly dedicated and maintained road- rounding area and the minimum waiver way, or whether the tree constitutes a required to serve the public purpose stated hazard to pedestrian or vehicular traffic herein. that cannot be mitigated without remov- ing the tree. (d) No waiver shall be granted which changes (4) Whether the location of the specimen tree the list of permitted, conditional, special exception, or prohibited uses or height interferes with or prevents the construe restrictions set forth in any zoning dis tion of utility lines, drainage facilities, roadways or required vehicular use area trio category. which cannot be practically relocated or (e) The waiver must be consistent with the rerouted. city's comprehensive plan. Supp. No. 24 CD102:10 VEGETATION § 102-43 (f) The waiver is not adverse to the public health, safety and welfare. (g) Any waiver granted under this section shall automatically expire and be de- clared null and void if the underlying development order for the project expires. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-43. Tree replacement guidelines. (a) Tree replacement. All trees that are re- moved or destroyed and subject to replacement by this division shall be replaced by a desirable trees or such other trees properly approved by permit. Replacement shall occur prior to the issuance of a certificate of occupancy(if approval is pending)or within 30 days of removal or destruction, which- ever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) Criteria. Criteria for replacement trees are as follows: (1) Characteristics of replacement trees. The replacement tree(s) shall have at least Supp. No. 24 CD102:10.1 ..YMBINP ZONING Article X. AlA Economic Opportunity Overlay District Division 1. Generally Sec. 110-585. Introduction. Sec. 110-586. Boundary and organization. Sec. 110-587. Applicability. Sec. 110-588. Purpose. Sec. 110-589. Goals. Sec. 110-590. Objectives. Sec. 110-591. Design principles. Sec. 110-592. Definitions. Secs. 110-593-110-603. Reserved. Division 2. Administration Sec. 110-604. Intent. Sec. 110-605. General. Sec. 110-606. Procedures for design compatibility approvals. Sec. 110-607. Plan submittals. Sec. 110-608. Nonconforming uses, structures and buildings. Sec. 110-609. Use matrix. Sec. 110-610. Similar and compatible uses. Sec. 110-611. Property containing both commercial and residential zoning district designations. Secs. 110-612-110-620. Reserved. Division 3. Site Planning Sec. 110-621. Intent. Sec. 110-622. LEED or LEED equivalent design. Sec. 110-623. Building orientation. Sec. 110-624. Building height. Sec. 110-625. Building setbacks and building zones. Sec. 110-626. Building frontage. Sec. 110-627. Project size. Sec. 110-628. Lot coverage. Sec. 110-629. On-site circulation. Sec. 110-630. Utility and service areas. Secs. 110-631-110-640. Reserved. Division 4. Architectural Guidelines Sec. 110-641. Intent. Sec. 110-642. Similar and compatible design Sec. 110-643. Articulation. Sec. 110-644. Building continuity. Sec. 110-645. Scale. Sec. 110-646. Proportion. Sec. 110-647. Rhythm. Sec. 110-648. Entry treatment. Sec. 110-649. Roof lines. Sec. 110-650. Exterior surface materials. Sec. 110-651. Windows and transparency. Sec. 110-652. Storefronts. Sec. 110-653. Color. Sec. 110-654. Awnings and canopies. Sec. 110-655. Ground floor lighting. Sec. 110-656. Utilities and stormwater management area screening. Secs. 110-657-110-667. Reserved. Supp. No. 24 CD110:7 CAPE CANAVERAL CODE Division 5. Parking Sec. 110-668. Intent. Sec. 110-669. Surface parking. Sec. 110-670. Parking structures. Secs. 110-671-110-682. Reserved. Division 6. Landscaping Sec. 110-683. Intent. Sec. 110-684. Commercial site plan review. Sec. 110-685. Water efficient landscaping. Sec. 110-686. Screening between commercial or industrial zoning districts or uses and residential districts or uses. Sec. 110-687. Project perimeter. Sec. 110-688. Building landscaping. Sec. 110-689. Surface parking lots. Sec. 110-690. Required screening for commercial parking facilities. Secs. 110-691-110-700. Reserved. Division 7. Signage Sec. 110-701. Intent. Sec. 110-702. All signs. Sec. 110-703. Awning signs. Sec. 110-704. Pedestrian signs. Sec. 110-705. Projecting signs. Sec. 110-706. Wall signs. Sec. 110-707. Hanging signs. Sec. 110-708. Window signs. Sec. 110-709. Business park/area multi-user sign. Secs. 110-710-110-719. Reserved. Article XI. Planned Developments Division 1. Generally Sec. 110-720. Definitions. Sec. 110-721. Purpose and intent. Sec. 110-722. Permitted uses. Sec. 110-723. Common open space, drainage systems, and other related com- mon facilities. Sec. 110-724. Physical review. Sec. 110-725. Building permit. Sec. 110-726. Revocation. Sec. 110-727. Enforcement. Secs. 110-728-110-739. Reserved. Division 2. Planned Development Plans Sec. 110-740. Application procedures. Sec. 110-741. Concept plan. Sec. 110-742. Land use plan. Sec. 110-743. Site/construction plan. Secs. 110-744-110-754. Reserved. Supp. No. 24 CD110:8 ZONING § 110-223 (c) Within 14 days of the time the plans are (i) If the city manager or designee elects to received by the various department directors, grant conditional approval of a site plan subject to they shall submit, in writing, to the planning and any conditions or contingencies, the applicant development department, a written report com- shall have 90 days from the date of conditional menting on factors relating to the site plan. site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or con- (d) The planning and development depart- tingencies are satisfied, the final site plan ap- ment shall give a copy of the written comments to proval date shall be either the expiration of the the applicant or his representative to review, 90-day period; or the date the city manager or respond to and make any changes deemed appro- designee certifies by notation on all city site plan priate to conform to the comments and recommen- copies, that all conditions and/or contingencies dations from the department directors. are satisfied, whichever first occurs. If the condi- tions and/or contingencies are not satisfied before (e) The applicant shall submit the required the expiration of the 90-day period the conditional number of copies of the revised site plan, along approval shall be automatically withdrawn and with the architect's and engineer's comments in the application shall stand as denied. The 90-day response to the department reviews, to the plan- compliance period may be extended at the discre- ning and development department. tion of the city manager or designee,upon written request of the applicant prior to the expiration of (f) All plans shall be made available to the the 90-day compliance period, and where the planning and zoning board for its review and applicant demonstrates unusual circumstances or recommendation to the city manager or the city undue hardship. manager's designee. The planning and develop- ment director shall prepare a site plan checklist (j) Any party adversely affected by a final site to be submitted to the planning and zoning board plan determination of the city manager or desig- ,,,� when a site plan is reviewed. nee may appeal such determination to the city council. Parties seeking appellate review shall (g) The planning and zoning board,following a submit a request for appeal in writing to the city duly noticed public hearing and review of any clerk within 30 days of the city manager's or submitted site plan, shall make a written recom- designee's determination. The city clerk shall mendation to the city manager or designee rec- schedule the city council's consideration of the ommending approval, approval with conditions, appeal for the next available regular city council or denial of the application based upon the site meeting and shall provide the party seeking ap- plan's compliance with the city's Code and com- pellate review with written notice of the date, prehensive plan. Such recommendation shall in- time and location of said meeting. The city coun- clude the reasons for the board's recommendation cil's consideration of the site plan determination and show the board has considered the applicable being appealed shall be de novo. The city council site plan criteria set forth in this article. shall hear and consider the evidence and testi- mony of any interested party and shall either (h) Upon receipt of the planning and zoning affirm or reverse, wholly or in part, the determi- board's recommendation, the city manager or nation of the city manager or designee. Failure of designee shall make a final decision on the appli- any adversely affected party to appeal to the city cation approving, approving with conditions, or council pursuant to this section shall be deemed a denying the application.Following the decision by waiver of that party's right to judicial review. the city manager or designee on each site plan application, the city shall send to the applicant (k) A proposed site plan shall not be consid written notice of the action taken and the right to ered by the city unless: appellate review. The city shall additionally pro- (1) The applicant has adequately and com- vide notice on the city's website of the decision on pletely addressed all items on the site each site plan reviewed pursuant to this article plan checklist prepared by the planning and the right of interested parties to appeal same. and development department; and Supp. No. 24 CD110:39 § 110-223 CAPE CANAVERAL CODE (2) The applicant has otherwise complied with the city clerk and bearing the seal of the city all matters contemplated under this sec- under the following words: "This is to certify that tion. this is the official zoning map referred to in (Code 1981, §645.05(B); Ord.No.37-93, 10-19-93; section 110-246 of the Code of Ordinances of the Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2, City of Cape Canaveral, Florida," together with 10-21-03; Ord. No. 03-2005, § 2, 4-5-05; Ord. No. the date of the adoption of the ordinance from 13-2011, § 6, 12-20-11) which this chapter is derived. Sec. 110-233.5. Reserved. (b) The official zoning map in effect at the time of passage of the ordinance from which this chap- Editor's note—Ord. No. 03-2005, § 2, adopted April 5, ter is derived shall remain in effect and shall be 2005, deleted § 110-233.5, which pertained to appeal and reidentified as provided in subsection (a) of this derived from Ord. No. 35-2003, § 2, adopted Oct. 21,2003. section. If, in accordance with this chapter and state law,changes are made in district boundaries Sec. 110-224. Expiration. or other matter portrayed on the official zoning All site plans approved under this article shall map, such changes shall be made on the official expire 12 months after the date of final approval zoning map promptly after the amendment has unless the building permit for construction of the been approved by the city council, together with principal structure is issued. Upon written re- an entry on the official zoning map as follows: "On quest, the city manager or designee may autho- (date), by official action of the city council, the rize one or more extensions of time for additional following change(s)were made in the official zon- periods not exceeding 12 months each, provided ing map: (brief description of nature of change)," that the applicant demonstrates justifiable cause which entry shall be signed by the mayor and for the extension and there have been no changes attested by the city clerk. The amending ordi- in any applicable city regulations since the date of nance shall provide that such changes or amend- final site plan approval. Any such extension au- ments shall not become effective until they have thorized by the city manager or designee shall been duly entered upon the official zoning map or remain subject to the terms and conditions im- matter shown thereon except in conformity with posed as part of the final site plan approval. the procedures set forth in this chapter. (Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2, (c) Any unauthorized change in the official 11-7-91;Ord. No. 13-2011,§6, 12-20-111;Ord.No. zoning map of whatever kind by any person shall 12-2014, § 2, 1-20-15) be considered a violation of this chapter and punishable as provided in section 1-15. Secs. 110-225-110-245. Reserved. (d) Regardless of the existence of purported copies of the official zoning map which may from ARTICLE VII. DISTRICTS* time to time be made or published, the official zoning map which shall be stored in city hall DIVISION 1. GENERALLY when not in use and readily available to the public shall be the final authority as to the zoning status of land and water areas, buildings and Sec. 110-246. Official zoning map—Adopted. other structures in the city. (a) The city is divided into zones or districts,as (Code 1981, § 633.01) shown on the official zoning map which, together with all explanatory matter thereon, is adopted Sec. 110-247. Same—Replacement. [by] reference and declared to be part of this If the official zoning map becomes damaged, chapter. The official zoning map shall be identi destroyed, lost or difficult to interpret because of fled by the signature of the mayor, attested to by the nature or number of changes and additions, *Cross reference—Sign regulations for shopping centers, the city council may by resolution adopt a new §94-100. official zoning map which shall supersede the Supp. No. 24 CD110:40 ZONING § 110-247 prior official zoning map. The new official zoning map may correct drafting or other errors or omis- sions in the prior official zoning map, but no such Supp. No. 24 CD11O:40.1 +row' ZONING § 110-475 of this Code and located adjacent to a minimum access width of 15 feet to a public property boundary shall exceed four feet right-of-way or an approved private right-of-way. in height if within 25 feet of any public (Code 1981, § 641.31) right-of-way; (3) Any hedge located adjacent to any public Sec. 110-473. Minimum width of courts. right-of-way, sidewalk or easement uti- The minimum width of a court shall be 30 feet lized for public purposes shall be set back for one-story buildings,40 feet for two-story build- a minimum of three feet from the prop- ings and 60 feet for four-story buildings.For every erty line or easement boundary to ensure five feet of height over 40 feet,the width of such a such hedge will not encroach into or im- court shall be increased by two feet,provided that pede the use of such public right-of-way, open unenclosed porches may project into a re- sidewalk or easement; quired court not more than 25 percent of the (4) Any hedge planted or otherwise estab width of such court. Nominal insets in the build- lished in accordance with this chapter ing façade of six feet or less shall be exempt from shall be comprised of a desirable species this section. of vegetation as defined in chapter 102 of (Code 1981, § 641.39) this Code, as may be amended from time to time; and Sec. 110-474. Water areas. (5) All hedges shall be maintained in actor All areas within the city which are under water dance with Chapter 34 of this code and all and not shown as included within any zoning other applicable statues, ordinances, and district shall be subject to all the requirements of regulations affecting landscaping and veg the district which immediately adjoins or abuts etation. the water area. If the water area adjoins two or ,.. (Code 1981, § 641.25; Ord. No. 7-00, § 1, 7-18-00; more districts, the boundaries of each district Ord. No. 03-2003, § 2, 8-19-03) shall be construed to extend into the water area in Cross references—Property maintenance standards,§34- a straight line as projected until they intersect a 97; building code, § 82-31 et seq.; swimming pool code, projected line from other district boundaries. § 82-246 et seq.;housing code,§82-271 et seq. (Code 1981, § 641.41) Cross reference—Waterways,ch. 106. Sec. 110-471. Exceptions to height regula- tions. Sec. 110-475. Sidewalks required. The height limitations contained in article VII (a) Construction of sidewalks shall be required of this chapter do not apply to spires, belfries, in conjunction with the construction of any build- cupolas,antennas,water tanks,solar panels,ven- ing or development on property abutting any tilators, chimneys, elevator equipment, air condi- paved street, public and private, within the city tioning or other necessary equipment room usu- limits. ally required to be placed above the roof level and (b) Sidewalks shall be no less than five feet not intended for human occupancy. wide regardless of zoning district. Sidewalks and (Code 1981, § 641.29) concrete aprons will be required across asphalt paved driveways. Sidewalks along State Highway Sec. 110-472. Access. AlA will require a permit from the state depart- ment of transportation and shall be no less than Every building shall be on a lot fronting on a five feet wide. public street or on an approved private street or with legal access to a public street and shall have (c) Sidewalks being installed on a street within a safe and convenient access for servicing, fire the same block which already has sidewalks or protection and required offstreet parking.All lots portions of sidewalks installed must transition to upon which structures are built shall have a the width of the existing sidewalks, but shall be Supp. No. 24 CD110:60.1 § 110-475 CAPE CANAVERAL CODE no less than five feet in width. The transition walk.At least 15 days' prior notice of the distance between the two different widths of side- certification hearing shall be provided to walks will be a minimum of five feet. those property owners that may be im- (d) Sidewalks shall normally abut the prop- erty an impact fee. At the hearing, af- (d) line,but may be installed anywhere within or fected property owners will be allowed an without the right-of-way to permit alignment opportunity to be heard. with existing sidewalks or to accommodate trees (3) The city council shall approve the certifi- or other objects which are not desired to be cation by resolution. The certified amount moved, altered or removed. shall constitute a sidewalk impact fee for (e) Construction of sidewalks shall be com- each property. The resolution shall be pleted prior to the issuance of the certificate of duly recorded in the public records of occupancy or final inspection. Costs of construc- Brevard County, Florida, and shall run tion shall be borne by the property owner. The with the land. construction of the sidewalk shall be in accor- dance with the provisions of section 98-92(t)of the (4) The sidewalk impact fee shall be paid by Code of Ordinances of the City. the property owner prior to a certificate of (f) Sidewalks contiguous with or a part of the occupancy or final inspection being issued bicycle path system shall provide for a smooth by the city for the property. transition between surfaces. (5) Prior to payment of the sidewalk impact (g) Prior to the issuance of a certificate of fee, the property owner may petition the occupancy or final inspection for new develop- city council for a waiver or reduction of ment or redevelopment, the city may, at its dis- the sidewalk impact fee. The amount of cretion and expense,cause the construction of the any reduction or waiver shall be based on sidewalk as would otherwise be required by this the costs incurred by the property owner section and under the following conditions: to replace or modify the sidewalk caused (1) Prior to the commencement of construc- by implementing a site plan approved by tion, the city shall provide all owners of the city. The property owner shall be real property abutting the proposed side- responsible for repairing at the owner's walk with 30 days written notice of the expense, any sidewalk which is damaged city's intent to construct the sidewalk and by construction activities occurring on the to impose a future impact fee on the property. property owners for the costs of the side- walk. Said notice shall provide a general (6) In the event the property owner fails to description of the project, an estimated pay the sidewalk impact fee pursuant to cost, and the date, time, and place of the this section, the city shall have the right city council meeting at which the pro- to withhold any certificate of occupancy or posed project will be authorized. At the final inspection for the property. The city meeting, affected property owners will be shall also have the right to collect the allowed an opportunity to be heard. sidewalk impact fee in any manner pro- vided by law and to levy interest at a (2) Upon completion of the sidewalk by the maximum rate allowed by law and penal- city, the city manager shall certify in ties not to exceed 25 percent on past due writing to the city council at a public amounts. meeting the cost of constructing the side- (Code 1981, § 641.55; Ord. No. 13-97, § 3, 10-21- walk. The certification shall proportion- 97; Ord. No. 08-2003, § 2, 3-18-03; Ord. No. ately allocate the cost of construction to 05-2015, § 2, 6-16-15) each parcel(s) of real property that has Cross reference—Streets, sidewalks and other public received a special benefit from the side- places,ch. 66. Supp. No. 24 CD110:60.2 ZONING § 110-478 ww..- Sec. 110-476. Dedicated public land. dish antenna over one meter or 39 inches in diameter or on a mast in excess of 12 Dedicated public streets, walkways, alleys, ac feet in height without first obtaining a cessways or easements may be closed or relocated permit from the building official. as part of or in conjunction with any private development phase upon an application being (2) Prior to the issuance of any permit for the made to the city council, after review of and erection, construction or installation of recommendation from the planning and zoning any antenna, the building official shall board, and if the application is in the best interest require an approved design placement of the city. However, the vacated land shall not be drawing and engineering specifications, used as acreage for any density calculations.Any signed and sealed by an engineer licensed request for vacating a dedicated public street, in the state,to meet all city and state laws walkway, alley, accessway or easement must be and ordinances relating to attachment submitted no later than 30 days prior to the and anchoring to achieve compliance with planning and zoning board meeting at which it is 110 mile per hour wind zone require- to be considered. ments as referred in Chapter 16, Section (Code 1981, § 641.57) 1606 of the Standard Building Code. Cross references—Parks and recreation areas, ch. 54; (3) All materials that make up the installa- streets,sidewalks and other public places,ch. 66. tion of such antennas and supporting struc- Sec. 110-477. Dedicated public easement. No purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board. �... (Code 1981, § 641.58) Sec. 110-478. Residential use antennas/sat- ellite dishes. (a) Residential use antennas shall mean the residential or personal, noncommercial use of any of the following: (1) A ground- or building-mounted receiver- only radio or TV antenna; (2) A ground- or building-mounted citizens band radio antenna; (3) A ground- or building-mounted panel an- tenna with a face area of less than four and one-half square feet; (4) A ground- or building-mounted satellite dish antenna less than ten feet in diame- ter. (b) Installation of the foregoing antennas shall comply with the following restrictions: (1) No owner, occupant or tenant of any res- idential use property shall erect, con- struct or install any antenna, or satellite Supp. No. 24 CD110:61 ZONING § 110-551 setback is required under any of the zoning dis- (6) Fences, walls and hedges shall be permit- tricts such greater setback requirements shall be ted in the required setback, subject to this enforced. chapter. (Code 1981, § 641.17) (7) Open, unenclosed Cross reference—Building code, § 82-31 et seq. porches, platforms or paved terraces not covered by a roof or a Sec. 110-537. Erection of more than one prin- canopy and which do not extend above the cipal structure on lot. level of the first floor of the building may extend or project into the required set- (a) In any district, except R-1, more than one back. structure housing a permitted or permissible prin- (8) Signs for on-site advertising shall be in cipal use may be erected on a single lot, provided conformance with chapter 94 pertaining that this division and other requirements of this to signs. chapter shall be met for each structure. (9) Roof overhangs (eaves) may project not (b) The distance between buildings shall be as over two feet into a required setback. follows: (10) Air conditioner units and pool equipment (1) Twenty feet for first two stories; may project not over five feet into a re- (2) Twenty-five feet for first three stories; quired rear or side setback. (3) Thirty feet for first four stories; and (11) Emergency pad-mounted generators as provided for in section 110-484. (4) Two additional feet for each story above (12) Conveyor systems may be located within four. setbacks in the M-1 light industrial and (Code 1981, § 641.19) research and development district by spe- cial exception, for purposes of moving Sec. 110-538. Encroachments. aggregate and other materials. Every part of every required setback shall be (Code 1981 § 641.21; Ord. No. 15-2005, § 2, open and unobstructed from the ground to the 9-20-05; Ord. No. 16 2005, § 2, 10-4-05; Ord. No. sky,except as follows or as otherwise permitted in 04 2011, § 2, 6-21-11; Ord. No. 15 2014, § 2, this chapter: 12-16-14) (1) Sills or belt courses may project not over Secs. 110-539-110-550. Reserved. 18 inches into a required setback. (2) Movable awnings may project not over DIVISION 6. VEHICLES AND VESSELS* three feet into a required setback. (3) Chimneys,fireplaces or pilasters may proj Sec. 110-551. Location of recreational vehi- ect not over two feet into a required set- and camping equipment,boats back. and boat trailers. (4) Fire escapes,stairways and balconies which (a) No person shall occupy or reside in any are unroofed and unenclosed may project travel trailer, camper trailer, camper (truck not over five feet into a required rear mounted), motor travel home or tent in any loca- setback or not over three feet into a side tion within the city other than a duly licensed and setback and shall not project into a re- approved trailer park, except as provided in this quired front setback of a multiple dwell- section. ing, hotel or motel. (b) (1) Definitions. For the purpose of this (5) Hoods, canopies or marquees may project section, the following definitions shall ap not over three feet into a required set- *Cross references—Traffic and vehicles,ch.74;stopping, back. standing, parking, § 74-56 et seq. Supp. No. 24 CD110:75 § 110-551 CAPE CANAVERAL CODE r,w ply unless the context clearly indicates or from the exterior of all buildings, requires a different meaning, all of which homes or other structures, including defined terms may be generally referred eaves and overhangs. to as "vehicles" in this subsection (b). c. In multi-family developments, if Boat means any contrivance designed to be boats, utility or boat trailers, recre propelled through or upon the water. ational vehicles or special purpose vehicles are allowed to be parked For-hire vehicle shall include recreational pursuant to its organizational docu- vehicle and special purpose vehicle and have ments and covenants, then in that the meaning so set forth in F.S. 320.01, as event,the parking of boats,utility or amended. boat trailers,recreational vehicles or special purpose vehicles shall be con- Multifamily development means the real prop- tained within a special parking facil- erty and single structure in which six or more ity.As used herein, a special parking dwelling units are located,but does not include facility shall consist of at least ten any combination of townhouses. percent additional parking spaces. Recreational vehicle means any vehicle or Notwithstanding the foregoing, if a portable structure designed primarily to pro- multifamily development amends its vide temporary living quarters for recreation, organizational documents or cove camping, travel or similar use; either mounted nants to allow previously prohibited on wheels or designed to be mounted upon and parking of boats, utility or boat trail carried by another vehicle. This definition is ers, recreational vehicles or special intended to include a travel vehicle, motor purpose vehicles, then in that event, home, camping trailer, camp bus, house bus a special parking facility shall be and truck camper unit of walk-in capacity. added to the existing facilities and parking of the foregoing shall be Special purpose vehicle means a vehicle es- prohibited until such times as the pecially designed primarily for unusual terrain special parking facility is constructed. and conditions, and not usually licensed for or Nothing contained herein shall be used on the public roads, including, but not deemed a waiver by the city of its limited to, swamp buggies and tracked vehi- setback, lot coverage or other zoning cies. regulations in the addition of a spe- cial parking facility. This subpara- Utility trailer means a trailer designed to graph (b)(2)c shall be effective for transport materials,goods,equipment or boats. multifamily developments for which the building permit for initial con- (2) Regulations.The following regulations shall struction is issued after the effective apply to boats, utility trailers, recre- date hereof. ational vehicles or special purpose vehi- cles: d. All vehicles herein permitted shall have affixed thereto a currently valid a. In all zoning classifications,no boats, license tag registered to the vehicle, utility trailers, recreational vehicles shall be parked or stored with wheels or special purpose vehicles shall park and tires mounted,and shall be main- within the right-of-way line abutting tained in a movable condition. any street. e. Except as necessary for repair or b. In all zoning classifications,no boats, maintenance, no boat, utility trailer, utility trailers, recreational vehicles recreational vehicle or special pur- or special purpose vehicles shall be pose vehicle or structure designed to parked any closer than three feet be mounted upon and carried by Supp. No. 24 CD110:76 ZONING § 110-551 Nor- another vehicle, shall be used as an accessory building or connected to any utility or electrical service, ex- cept for temporary connections to battery charging devices. Supp. No. 24 CD110:76.1 .ffamow "row, ZONING § 110-585 five feet of the foundation system supporting the Sec. 110-584. Minimum setbacks. principal structure. Engineering may also be re- quired on all premanufactured or prefabricated (a) The minimum setbacks for swimming pools, pools which do not bear product approval from an enclosures and accessories shall be as follows and accredited testing agency. shall be in compliance with the electrical code as adopted in Chapter 82 of the City of Code of (c) Swimming pools which are open and unen- Ordinances: closed may occupy a required rear or interior side yard setback, provided they are not located closer (1) Front, 25 feet (see subsection (b) of this than five feet to a rear lot line or eight feet to an section). interior side lot line. (2) Side (interior lot line), eight feet. (d) Commercial swimming pools are prohib- (3) Side (corner lot line), 25 feet; on all non- ited in residential districts. conforming lots of record 15 feet (see (e) Swimming pools shall not occupy a re subsection (b) of this section.) quired front or corner side yard setback. (4) Rear, five feet (see subsection (c) of this section). (f) Swimming pools may not be constructed prior to the construction of the principal building. (b) See section 110-536 for special setbacks. (g) For the purposes of this section, neither (c) In no event shall a swimming pool, screen pools nor screened enclosures are considered struc- enclosure or accessory feature be located within tures for the sole purpose of determining lot 15 feet of a property line that abuts and runs coverage. Pools and screen enclosures shall meet parallel to a public street. the setback requirements as stipulated elsewhere (Code 1981, § 641.47(D); Ord. No. 16-98, § 3, in this chapter. 5-5-98) (h) For the purposes of this section, neither pools nor screened enclosures are considered struc- ARTICLE X. AlA ECONOMIC tures for the purpose of determining lot coverage. OPPORTUNITY OVERLAY DISTRICT Pools and screened enclosures are not permitted in the setback area. DIVISION 1. GENERALLY (Code 1981, § 641.47(A); Ord. No. 16-98, § 1, 5-5-98) Sec. 110-585. Introduction. Sec. 110-582. Swimming pool barriers. (1) The AlA Economic Opportunity Overlay District ("EOOD" or "District") provides guide- Swimming pool barriers shall be required pur- lines and standards for public and private devel- suant to F.S. ch. 515, and the Florida Building opment projects in commercially zoned areas along Code, as adopted by chapter 82 of this code. AlA. Consistent with the intent of the 2009 (Code 1981, § 641.47(B); Ord. No. 16-98, § 2, Community Visioning and the 2012 Community 5-5-98; Ord. No. 06-2007, § 4, 10-16-07) Redevelopment Plan, the District is developed to promote hospitality related commercial develop- Sec. 110-583. Accessories. ment that capitalizes on the economic benefits of Port Canaveral;provide guidance and direction in Swimming pool accessories, such as ladders, the design of new buildings and rehabilitation of slides, pumps and similar items, shall not en- existing buildings and storefronts in order to croach into a required yard setback beyond the improve their appearance, enhance the corridor's limits specified for swimming pools. identity and promote the pedestrian environment (Code 1981, § 641.47(C)) of the District. Supp. No. 24 CD110:81 § 110-585 CAPE CANAVERAL CODE '"' (2) All projects within the boundaries of the District shall comply with the following Design Guidelines and Development Standards. These ECONOMIC OPPORTUNITY OVERLAY DISTRICT requirements have the overall goal of encourag- (EOOD) ing compact, pedestrian-oriented developments . u, r . and attractive public outdoor spaces. The District r„ ( i, is designed to create a unique identity for the AlA - '' .,4 -_ Corridor with a distinct sense of place while ,Milli' ., attracting new businesses and customers, and 1 : ■ -r i . providing for the comfort,convenience,and safety �_ t e...,' r r 1 of workers, residents and shoppers. ' 1� � ..w. I,trMs+`�xH..r.ttiir7 �i (3) The District Design Guidelines and Devel- F ��^ #* 'umor..." �y���.. ..,......... : t—'O �. Iq.te...1Rld.tit...i..ri.g opment Standards ("Standards") set forth in this �^ #,f ,'' , ,",'tux...!d! 1 .E ' Article shall be in addition to and not in substi- O. ',Oil i 1 ' tution of the underlying zoning district regula- sr. ..., 1 ' . imir, 1' . * 1' tions and other regulations contained in this Code . la.! . 4111:.1-- ` which shall also remain applicable to the District. . J A I , $4 .. I 1 #A F The District Standards of this Article will govern }`. (- i- -' ay,EL . development and redevelopment within the Dis- tram':..Ak,,,.4-1 ,;, trict and will control where conflicts between i — '. FR .. . FBF111 + : Wee— It tZ. , i t7,.. fu�nu s_ regulations occur. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. • s+, ''t. ,i'WE"' 07-2015, § 2, 8-18-15) r _ ;vAmu .., {� �ii Ed aml� U-ti Ili tk. aim ,!;` ° i 19 ill If 'I' 0 e u s{rani L�L !� l .f Sec. 110-586. Boundary and organization. -_r "l„ t i 1 w...,1 .. The boundaries of the District are shown on ; r.14-C1'6 Figure 1 and Figure la. The District primarily ILA al. r•''-.. �1vu.- --f ri +, consists of properties zoned for commercial,office, wr$;""—L ' , and industrial uses which abut or are in close ' ,s. : ' proximity to AlA generally extending from the �' iI it u �3� 1` w city limits on the north to E. Grant Avenue on the © FOOD Jill.,„ t�1, _. rri a :'.'4'4,1-Era ,1 r. . �. south.Whereas the boundaries of the District are ; 1 ,,,,,�,*., identified on the Figures below,the zoning bound- v .11' "Siii!" T. aries and/or specific zoning districts represented in Figure la and subsequent Figures are for Figure 1. Economic Opportunity Overlay District reference purposes only; the official City Zoning Boundary Map Map is maintained within the Community Devel- opment Department. , Supp.No. 24 CD110:82 C) ZONING § 110-586 y F yeYYri .._ M Lagmd CE 11111P N R7 0 W OR Fa amE000 STREET LEGEND i IN A Ctass Eliabath Lae. r' C Peine Way n D Croon Cert S oiN"atcaki .t ap«C,PeCo"" " K Cegrioee tw► . S Caaela Court _.d Min)thgnna yRearWtaw i Awatres,tee. N Kart iey'1 �W i I Way4 ..._.. ' .. [w inW Caw Mw�w.yrlwiw a"ae K Aquarius Way Introsid Way -..4-1� c«.rcwec..v+»eew+fau.rms,,,.,,. IK StKoNe Way N Fekan INNi-,a 00.030.t 02 0.1 04 QS 0 Catena MMI «. i r. .,.,,,M..4ewr.+.arwi.s Figure la. Economic Opportunity Overlay District Boundary Map (Zoning) (Note:Figure la is a graphic representation of the EOOD District boundary;the official zoning map is maintained in the Community Development Department). (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. 07-2015, § 2, 8-18-15) C Supp.No. 24 CD110:83 § 110-587 CAPE CANAVERAL CODE Sec. 110-587. Applicability. scale retail and other commercial uses shall oc- cupy as much of the ground floor frontages along (1) The District is a commercial corridor of Central Boulevard as the market will bear. Upper approximately one and three-quarter miles, gen- stories shall be office or residential along these erally centered on both AlA (Astronaut Boule- main streets. This district also shall provide the yard) and N. Atlantic Avenue and recognized as potential for continuum-of-care developments in- extending from the entrance to the City of Cape cluding opportunities for aging in place and in- Canaveral on the north to Grant Avenue on the elude such uses as independent, assisted living south. and skilled care facilities. (2) The area of the district along AlA is in- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. tended to serve as the main gateway into the City 07-2015, § 2, 8-18-15) of Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the Sec. 110-588. Purpose. main street to the City of Cape Canaveral's Town The purpose of these design guidelines and Center and as a transition between the land use, standards are to provide flexibility in the uses circulation, and streetscape along AlA and the and design requirements for the AlA EOOD, Town Center.This District is intended to have the while setting minimum design standards to facil- most intensive commercial and residential uses itate quality development. These standards will within the city. The EOOD is meant to provide a guide future development and redevelopment lively and attractive interface between the pro within the City of Cape Canaveral so that it posed Town Center and the adjacent residential creates more vital commercial cores and corri- communities,while maintaining a primarily com dors, protects adjacent residential neighborhoods mercial street frontage along AlA, N. Atlantic and neighborhood commercial centers, promotes Avenue and Central Boulevard. the use of quality building materials, enhances (3) The streets will have a retail/commercial the streetscape on all public streets, and contin- service atmosphere with small or large neighbor- ues to improve the image and pride in the city. hood stores at street level and apartments or (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) offices on upper stories. The retail composition of the district shall include, but not be limited to, Sec. 110-589. Goals. retail stores, personal services, hotels, cultural facilities, hospitals, clinics, pharmacies, conve The AlA Economic Opportunity Overlay Dis- nience stores with gas, high tech manufacturing, trict(EOOD)provides design guidelines and stan- entertainment, and eating establishments includ dards which are intended to promote and enhance ing rooftop restaurants that serve the EOOD as the identity of the district. Specifically, the goals well as stores, eating establishments, and busi of the EOOD are: ness services(printing,accounting,etc.)that serve (1) To create attractive, functional, and last- the other businesses and office users in the area. ing buildings and places. Residential uses shall be permitted within the District;however,shall be limited to upper stories (2) To encourage the design,construction and along AlA, N. Atlantic Avenue and Central Bou- operation of buildings and places that are levard within the District. environmentally responsible, sustainable and healthy places to live,work, and play. (4) The main street component of the District (3) To promote development and redevelop- is intended to provide a mixed-use, pedestrian ment that preserves and enhances the oriented focus for the proposed Town Center,with land uses serving Town Center residents and physical appearance of the corridor and visitors. This sub-district provides the City of contributes to the district's unique sense Cape Canaveral with a small-town style walkable of place. center that is convenient, useful, safe and attrac- (4) To encourage the use of quality materials tive for pedestrians and lively,yet relaxed. Small- in development and redevelopment. Supp. No. 24 CD110:84 ZONING § 110-591 (5) To encourage development that adds to a Within the context of these constraints, pedestrian friendly retail environment and developments can achieve the principle of contributes to the safety and comfort of consistency through selection of colors, both pedestrian and automobile traffic. exterior surface materials, scale, rhythm, (6) To provide direction in site planning and proportions, landscaping and sign pro- to ensure a high degree of design quality grams. in development within the AlA EOOD (2) Activity: Active street life, which can be through the use of Design Guidelines and enhanced by design considerations, is a Standards. major component of thriving pedestrian commercial districts. There are many op- (7) To enhance and protect the commercial portunities to insert options for increased corridors and primary entrances into the street-level pedestrian activity along AlA. City of Cape Canaveral. Through building orientation,circulation, (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) storefront design and landscaping, devel- opment can further promote the principle Sec. 110-590. Objectives. of safe pedestrian activity. (1) The design guidelines and standards are (3) Pedestrian orientation: Pedestrian orien- intended to address the built environment within tation can be achieved through storefront the City of Cape Canaveral and to recognize ornamentation, reduction of blank sur- aesthetic design as an integral part of the plan- faces, building articulation, proportion, ping and development process. rhythm, color, and texture. Standards based upon this principle address wall (2) The guidelines and standards are intended surfaces, windows, awnings, signage, and to ensure that the appearance of new develop- architectural treatments. ment, infill development, and redevelopment is (4) Safety: Public safety is critical to the representative of the City of Cape Canaveral's success of a commercial district. Public Community Vision. safety in this case refers not only to safety (3) The guidelines and standards will enable from criminal activity, but also creating development to occur in a manner that is not only an environment in which pedestrian and beneficial and worthwhile for the developers and automobile traffic can safely coexist. The property owners, but the development will also design and development of commercial have a positive impact on the surrounding prop- centers and the public open space adja- erties, neighborhoods, citizens, and the entire cent to them shall include considerations city. of public safety. Public safety issues can (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) be addressed through site planning con- siderations such as the location of parking Sec. 110-591. Design principles. lots, lighting, signage and landscaping. The AlA Economic Opportunity Overlay Dis (5) Simplicity: Design Guidelines and Stan trict (EOOD) is based upon a set of design prin- public for the district shall provide for public convenience by clearly identifying ciples. These principles are: the nature of the business and communi- (1) Consistency: The AlA Commercial corri- eating points of ingress and egress for dor features a mixture of development pedestrian and automobile traffic. These types including community serving retail issues can be addressed through architec- uses, office buildings, hotels and conven- tural treatments as well as through site tion facilities, strip-commercial centers, planning considerations such as the loca- neighborhood-serving retail, entertain- tion of parking lots, lighting, signage and ment uses, attractions, and restaurants. landscaping. Design of these structures has been influ- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. enced by use, age, and site dimensions. 07-2015, § 2, 8-18-15) Supp. No. 24 CD110:85 § 110-592 CAPE CANAVERAL CODE Sec. 110-592. Definitions. Building façade: The portion of the building wall that is visible to the public. This includes all The following words and phrases, whenever four sides of the building. used in this article, shall be construed as defined in this section. Words and phrases not defined Building form: The horizontal and vertical herein shall be construed as defined in section organization of building features, as well as the 110-1 of this Code. overall shape and site orientation of buildings. Accent color:A contrasting color used to empha- Building opening: Penetrations to the building size architectural elements. facade including windows and doors. Architectural bay: The area enclosed by the Building setback: A line parallel to the prop- storefront cornice above,piers on the side and the erty line delineating a zone which cannot be used sidewalk at the bottom. for buildings. Attraction and destination uses: A land use Building zone:A zone within a property along a which by its nature generates high volumes of street frontage which defines the limits of where multimodal transportation activity which may the building facade must be located. This zone is originate outside of the city limits and may in- generally parallel to the right-of-way and is de- clude but not limited to theme parks, activity fined by a minimum and maximum distance from centers, and town centers. the right-of-way. Awning: A roof like cover, fixed or capable of Canopy: A projecting horizontal architectural being raised or lowered, made of fire resistant element, other than an awning, made of fire- cloth, wood, metal or plastic with or without a resistant cloth, wood, metal or plastic with or metal frame, which protrudes from a building without metal or wood frames, attached or de facade as a roof like structure and is supported tached and supported, in part, or entirely, by the entirely by the building without the use of ground ground. supports. Awning sign:Any sign located on the valance of Cast stone: A refined architectural concrete a shelter supported entirely from the exterior building unit manufactured to simulate natural wall of a building which extends over a building cut stone, used in masonry applications. feature such as a door or window or a landscape/ Color palette:A color scheme that incorporates site feature such as a patio,deck or courtyard and related colors of complimentary hues and shades. which is constructed of fabric. Cornice: The uppermost horizontal architec- Bright paint: Paint containing fluorescent dye tural band of moldings along the top of a wall or of pigment which absorbs UV radiation and re- just below a roof. emits light of a violet or bluish hue used to increase the luminance factor and to remove the Curtain wall: A non-structural building facade yellowishness or white or off-white materials." or outer covering which does not carry any dead (Coatings Encyclopedic Dictionary) load from the building except its own load. Building articulation: Architectural features, Entablature: The superstructure of moldings which serve to add interest to a building, or and bands which lie horizontally above a column. highlight a site feature. Building articulation can be achieved through undulation of the building Façade: The front of a building or any of its facade, changes in building height, highlighting sides facing a public way or space. an entrance, etc. Floor area ratio (FAR): A measurement of the Building attachment: Any feature secured to intensity of building development on a site. The the facade of the building, such as awnings, floor area ratio is the relationship between the loggias, arcades, etc. gross floor area on a site and the gross land area. Supp. No. 24 CD110:86 ZONING § 110-592 The FAR is calculated by adding together the lishments including rooftop restaurants, profes- gross floor areas of all buildings on the site and sional offices, industrial, and civic uses in either a dividing by the gross land area. horizontal or vertical setting. Florida Friendly Landscaping: Quality land- Muntin: A strip of wood or metal separating stapes that conserve water, protect the environ- and holding panes of glass in a window. ment, are adaptable to local conditions, and are Parapet: A low wall along the edge of a roof. drought tolerant. The principles of such landscap- ing include planting the right plant in the right Pedestrian refuge:Pedestrian refuges are areas place,efficient watering,appropriate fertilization, protected from vehicles or bicycles by curbing, mulching, attraction of wildlife, responsible man- bollards, or other features at the midpoint of the agement of yard pests, recycling yard waste, crosswalk. reduction of storm water runoff, and waterfront protection. Additional components include prac- Pedestrian sign: A type of sign which is at- tices such as landscape planning and design, soil tached to a wall or to the underside of an awning, analysis, the appropriate use of solid waste com- architectural canopy or marquee with one or two post, minimizing the use of irrigation, and proper faces perpendicular to the face of the building maintenance. which identifies a use of service exclusively or primarily by symbol. Frieze: Ornamental architectural horizontal band that runs above doorways and windows or Planned Development (PD): A designed devel- below the cornice. opment where the regulations of the underlying zone in which the development is situated are Ground floor: The lowest story within a build- waived to allow flexibility and creative initiative ing which, for the purpose of identifying street- in site, building design and location in accordance level pedestrian activity, is the first 15 feet mea- with the approved plan and imposed general """ sured vertically and accessible to the street, the requirements. floor level or which is within three feet above or below curb level and is parallel to or primarily Port of call facility:A tourist-related use with a facing any public street range of uses which may include, but is not limited to commercial parking, transportation Hanging sign:A type of sign which is similar to transfer facility, vehicle rental, taxi service, re- projecting signs except that they are suspended tail, restaurants visitor/information center, provi- below a marquee or under a canopy,making them sion for hotel, and other tourist support services. generally smaller than projecting signs. Primary color: One to three base colors chosen High technology: High-technology uses include to dominate a color scheme. This definition does but are not limited to the manufacture, machin- not relate to the color value or hue. ing, maintenance, repair, and testing of equip- ment and products that support the aerospace, Project: The erection, construction, major com- automotive, aviation, naval, and military Indus mercial additions, or major exterior alteration of tries. any building or structure, including, but not lim- ited to monument signs located in an Economic Massing: The organization of buildings and Opportunity Overlay District. A project does not other structures relative to other District features include construction that consists solely of (1) such as parking areas, streets, and public spaces. interior remodeling, interior rehabilitation or re- pair work; or(2)a residential building on a parcel Mixed-use development: A type of development or lot which is developed entirely as residential which may include one building, set of buildings, use and consists of three or fewer dwelling units, or defined project area for more than one purpose unless expressly provided for in an Economic and may include any combination of uses, but not Opportunity Overlay District established pursu- limited to residential, retail shops, eating estab- ant to this article. Supp. No. 24 CD110:87 § 110-592 CAPE CANAVERAL CODE Projecting sign:A type of sign which is attached Window sign: See section 94-1, Definitions. to a building face and projects out perpendicu- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. larly to the building wall by more than 18 inches 08-2014, § 3, 9-16-14; Ord. No. 07-2015, § 2, and is effective when oriented to pedestrians. 8-18-15) Public space:Any space that is intended for use by the general public. Public spaces may be pri- Secs. 110-593-110-603. Reserved. vately or publicly owned and maintained. Exam- ples of public spaces can include squares, plazas, DIVISION 2. ADMINISTRATION greens, courtyards, storefront gathering areas, etc. Sec. 110-604. Intent. Service area: An area of a building site not intended for public access, which is dedicated to All projects, as defined in the AlA Economic business or maintenance functions. Service areas Opportunity Overlay District, shall be reviewed may include dumpster enclosures, loading docks, for compliance with this article prior to being services, etc. issued a building permit. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Shared parking: Shared parking is a tool by which adjacent land uses that have different parking demand patterns may reduce the com Sec. 110-605. General. bined parking requirements for each use and use des- the same parking spaces/areas throughout the The director of community development or ignee,shall have the authority to render interpre- day. tations of this Code, to adopted policies and pro- Stepback: A stepback is a setback located on cedures in order to clarify the application of its the upper stories of a building, typically to reduce provisions. Such interpretations,policies and pro- the bulk of a building or to provide outdoor floor cedures shall be in compliance with the intent or space. purpose of this Code. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. Street wall: The wall of facades created in a 07-2015, § 2, 8-18-15) pedestrian oriented district when stores are built to the front yard and side yard setback. Street Sec. 110-606. Procedures for design compat- walls can sometimes be used in place of building ibility approvals. facades, and shall be designed to imitate the architecture of the building. No building permit will be issued for any project, and no person will perform any construc- Stucco: A coarse plaster composed of Portland tion work on a project, until the documents re- or masonry cement,sand and hydrated lime mixed quired by section 22-44 of this Code have been with water and applied in a plastic state to form a submitted to the community development depart- hard covering for exterior walls. ment and approved according to the procedures in Wall sign: A type of sign which is attached to article III of chapter 22 of this Code. the face of a building wall which shall not project (Ord. No. 11 2012, § 2(Exh. A), 7-17-12; Ord. No. more than 18 inches and may include channel 07 2015, § 2 8-18-15) panels or letters made out of wood, metal, or recycled composite material. Sec. 110-607. Plan submittals. Water-efficient landscaping: Landscaping that A design compatibility approval shall also in- maximizes the conservation of water, via the elude the site plan criteria set forth in section application of one or more of the principles of 110-222 of this Code. Florida Friendly Landscaping. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Supp. No. 24 CD110:88 ZONING § 110-611 Sec. 110-608. Nonconforming uses, struc- of this article at the time of its adoption shall be tures and buildings. deemed nonconforming and shall be governed by article V of chapter 110 of this Code. Those legally existing uses, structures and (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. buildings that do not comply with the provisions 07-2015, § 2, 8-18-15) Sec. 110-609. Use matrix. The District is intended to serve as both the main gateway area into the city as well as the main street to the city's proposed Town Center. The following land use matrix(Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA). Table 1. Land Use Matrix Uses (not a complete listing)* C-1 C-2 M-1 Retail P P P' Personal Services P P SE' Hotels and Motels P P1 SE1 Banks P P SE1 Waterfront Restaurant P P SE Assisted Living Facility SE SE1 NA Pharmacies P P NA Flex space (office, showroom, warehouse)2 SE SE P Convenience store w/gas2 SE SE P High tech/light manufacturing) SE P P Warehousing NA SE P Off-site cruise ship parking accessory to hotels and SE SE SE motels Commercial Parking Facility (minimum lot size of 5 NA NA SE acres)3 Port of Call Facility [Permitted pursuant to a Develop- P (w/DA) P (w/DA) P (w/DA) ment Agreement (DA)]1 Attraction and Destination uses' PD PD PD Mixed Use Development uses (i.e. Town Center)' PD PD PD 1 Added use. 2 Use included to clarify intent of code. * Uses not specifically listed may be approved as a Planned Development (PD). (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. 03-2013, § 2, 3-19-13; Ord. No. 07-2015, § 2, 8-18-15) Sec. 110-610. Similar and compatible uses. Sec. 110-611. Property containing both com- mercial and residential zoning district designations. Any use not specifically listed may be autho- rized by the city council as a planned development In the event that a parcel of real property located within the District contains both a com- on a caseby case basis. mercial and residential zoning district designa- (Ord. No. 11 2012, § 2(Exh. A), 7-17-12) tion, the residential portion of the parcel may be developed in accordance with either the applica- Supp. No. 24 CD110:89 § 110-611 CAPE CANAVERAL CODE ble underlying zoning regulations or as an acces- orientation of storefronts, and circulation greatly sory use to the principal commercial development influence the quality of the pedestrian experience. on the commercial portion of the parcel.Accessory uses may include,but are not limited to,restaurant/ (3) Within the district, site planning and de bar, recreational amenities, boardwalk, sundries sign of new buildings and the rehabilitation of and parking structure, provided the city manager existing buildings shall promote continuity of the or his designee deems the accessory use is corn- historic context of buildings (as shown in historic patible with the principal use and compatible documentation) in relationship to the existing pattern and scale of streets, sidewalks and park- with the surrounding properties. The city man ing.The guidelines and standards below reinforce ager or his designee may impose, in writing, the existing historic development patterns (as reasonable safeguards and conditions on the ap shown in historic documentation) and provide a proval of any development permit authorizing an site planning framework for both infill develop- accessory use. Any violation of these safeguards ments and rehabilitation and revitalization of and conditions of the accessory use in furtherance existing buildings. of the compatibility requirements of this section (Ord. No. 11 2012, § 2(Exh. A), 7-17-12; Ord. No. and/or the public health, safety and welfare. Ac- 07-2015, § 2, 8-18-15) cessory uses and structures shall be constructed or developed only after development of the prin Sec. 110-622. LEED or LEED equivalent de- cipal use and shall not become a use independent of the principal use. Further, the residential por- sign. tion of the parcel shall not be subdivided from the (1) Intent: LEED (Leadership in Energy and commercial portion so long as any such accessory Environmental Design) is a national consensus- use remains on the parcel. based, market-driven building rating system de- (Ord. No. 07-2015, § 2, 8-18-15) veloped by the U.S. Green Building Council to encourage the development and implementation of green building practices. This rating system is Secs. 110-612-110-620. Reserved. incorporated in the categories of site, water, en- ergy,materials,and air quality.The city desires to DIVISION 3. SITE PLANNING encourage, where practical, the use of LEED or a LEED equivalent rating system in the design of projects within the District. Sec. 110-621. Intent. (2) Categories: The following LEED or LEED (1) Site planning involves the proper place- equivalent categories shall be considered in the ment and orientation of structures, structure design of projects within the district to the max- height, development acreage, open spaces, park- imum extent practical. ing and pedestrian and vehicular circulation on a a. Sustainable Sites (SS). The project shall given site. The purpose of good site design is to create a functional and attractive development,to include consideration of erosion and sed minimize adverse impacts, and to ensure that a imentation control; optimum site selec project will be an asset to the community. tion which avoids areas such as wetlands, floodplains, etc.; siting projects to pro- (2) Proper site planning shall promote har- mony between new and existing buildings and Brownfield sites; alternative transports shall be sensitive to the scale, form, height, and tion options; reduced site disturbance; in proportion of surrounding development. Good de- novative stormwater management;reduc sign with complementary landscaping is a major tion of heat islands; and reduction of light component in creating vibrant commercial areas pollution. that foster a pleasant and desirable character, b. Water Efficiency (WE). The project shall pedestrian activity, and economic vitality. Factors incorporate water-efficient landscaping as such as the size and massing of buildings, the described in section 110-592; innovative Supp. No. 24 CD110:90 ZONING § 110-624 wastewater technologies; and potable wa- Atlantic Avenue and Central Boulevard and to ter use reduction, to the maximum extent facilitate pedestrian access to and from the side- practical. walk to adjacent properties. c. Energy and Atmosphere (EA). All projects a. Projects with rear lot lines abutting a shall optimize energy performance; uti- street, alley, or parking lot shall incorpo- lize renewable energy or energy credits, rate pedestrian entrances at the rear lot where feasible; and reduce or eliminate line in addition to those on AlA,N.Atlan- the use of CFCs (chlorofluorocarbons), tic Avenue and Central Boulevard. HCFSs (hydrochlorofluorocarbons) and (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. Halons. 07-2015, § 2, 8-18-15) d. Materials and Resources (MR). All proj- ects shall, to the maximum extent practi- Sec. 110-624. Building height. cal during new construction or redevelop- ment, incorporate recycling and salvage (1) Building height shall be correlated to the of construction materials; use local mate- scale of the street along which it faces and shall rials (within 500 miles); use rapidly re- encourage a comfortable pedestrian-oriented en- newable materials;and use certified wood. vironment. e. Indoor Environmental Quality (IEQ). All a. The standard building height for projects projects shall comply with the Florida shall be up to four stories or 45 feet. Clean Indoor Air Act (FICAA), where ap- propriate to prohibit smoking indoors; in- b. Increased building heights above four sto- crease building ventilation effectiveness; ries or 45 feet may be considered up to six meet or exceed the SMACNA(Sheet Metal stories or 65 feet, if height mitigation and Air Conditioning Contractor's Na- measures such as a building stepback (as tional Association)guidelines for occupied illustrated in Figure 2 and Figure 2a) or buildings;conduct minimum building flush setback are proposed and approved by the out at 100 percent outside air prior to community appearance board. Buildings occupancy; encourage use of low-emitting exceeding 45 feet shall provide a stepback materials which meet or exceed the VOC of at least 14 feet along all sides facing a (volatile organic compound) limits; maxi- public roadway. mize indoor pollutant source control to minimize cross-contamination of occupied c. Increased building heights above 65 feet areas; provide operable windows and in- may be considered pursuant to a Planned dividual air controls,where practical; and Development (PD) approved by the city maximize use of daylight and views. council on a case-by-case basis. Building heights above 65 feet shall provide addi- f. Innovation in Design (ID). Encourage the tional stepbacks of at least 14 feet each,at use of a LEED Accredited Professional each four story interval or fraction thereof, (LEED AP) or LEED equivalent profes- along all sides facing a public roadway. sional participant on the project. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. d. Any single-story structure in which the 07-2015, § 2, 8-18-15) floor to ceiling height exceeds 15 feet or the exterior façade height exceeds 25 feet, Sec. 110-623. Building orientation. shall be designed to appear like a multi- story structure.Exceptions to this require- (1) Buildings shall be oriented towards AlA, ment may be reviewed and considered for N.Atlantic Avenue and Central Boulevard as well approval by the community appearance as adjacent cross-streets in order to encourage board based pursuant to requirements of pedestrian activity along the sidewalks of AlA,N. this article. Supp. No. 24 CD110:91 § 110-624 CAPE CANAVERAL CODE d. Where adopted Fire Codes exceed these standards, the greater setback distances shall apply. (2) Building zones. Building zones as defined in section 110-592 defines the limits of where the building facade must be located in relation to the right-of-way line and/or property line. a. The Primary Building Zone(Zone 1)is the Figure 2. Building Height area of the building extending from the facade to a depth of ten feet (see Figure 3 and Figure 3a). ,, b. The Secondary Building Zone (Zone 2) is y "I the area of the building extending from the rear of the Primary Building Zone to a depth of ten feet (see Figure 3 and also Figure 3a). ' t �_.-I 4 Figure 2a.Building Height-Stepback /Z-c;" 1i'" 4 (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. c-- ...---� rrn 07-2015, § 2, 8-18-15) ~ ^_ — Sec. 110-625. Building setbacks and build- Figure 3. Building Zone Diagram ing zones. (1) Building setbacks. Buildings shall be set- back from the right-of-way a sufficient distance to encourage pedestrian activity. a. Building setback along AlA shall be a minimum of 15 feet. b. Building setback along all other public streets shall be a minimum of ten feet. c. Except as noted above for stepbacks,build- ing setbacks for the side and rear lot lines shall be a minimum of ten feet. Supp.No. 24 CD110:92 ZONING § 110-628 tance may be reduced to 10 feet and include a public space such as a plaza, pedestrian connection, sidewalk, arcade or similar feature. This area shall not include a wall or other similar feature • which creates the appearance of a Contin- uous wall section. d. The location of the primary façade's prin- cipal plane shall not be changed by façade 400 extensions such as bay windows, aw- pings, porches, balconies, stoops, colon- -4 nades,or arcades,or by upper stories that r are closer to or further from the street. �ze. The width of a porte-cochere may be counted as part of the primary facade. ` f. Modifications from these standards may be considered pursuant to a Planned De- velopment(PD)approved by the city coun- cil on a case-by-case basis. Figure 3a.Building Height-Stepback (Ord. No. 07 2015, § 2, 8-18-15) (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. Sec. 110-627. Project size. 07-2015, § 2, 8-18-15) (1) All uses within a project shall be sized to provide sufficient building setback and to encour- Sec. 110-626. Building frontage. age a pedestrian-oriented environment. Building frontage is the percentage of the width a. All uses shall have a minimum lot size of a lot that is required to be occupied by the consistent with the area required to meet building's façade within both the Primary and the building setback, lot coverage and Secondary Building Zone. development standards of the underlying a. The maximum building frontage shall not zoning district. exceed 90 percent of the lot width subject b. There shall be no minimum lot size for to provision of access as provided in sub- hotel development within the District. section (c) below. However,there shall be a minimum of 150 units that must be constructed at the b. Primary Building Zones: same time. i. Within the Primary Building Zone c. Building setback, lot coverage and devel- (Zone 1), a minimum of 50 percent opments that are inconsistent with these and a maximum of 75 percent of the requirements may be approved pursuant building façade shall be provided. to a planned development (PD) approved ii. The remaining building façade width by the city council on a case-by-case basis. shall be located within the Second- (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. ary Building Zone (Zone 2). 07-2015, § 2, 8-18-15) c. A minimum 24 foot access from the pri- Sec. 110-628. Lot coverage. mary street shall be required which pro- vides access to parking areas, service ar- (1) Buildings and accessory structures shall be eas and or adjacent properties. Where sized to maximize the efficient use of the lot. access to the subject property is not pro- a. Lot coverage (as defined in section 110-1) vided from the primary street this dis- shall be no more than 80 percent of the Supp.No.24 CD110:93 § 110-628 CAPE CANAVERAL CODE developable land area provided the set- placed to the rear of the site and screened back,stormwater and landscaping require- from public view by the use of landscap- ments are met. ing, wall or other similar buffer. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. 07-2015, § 2, 8-18-15) b. Utilities shall be constructed and in- stalled underground per section 110-482. Sec. 110-629. On-site circulation. c. Roof-top equipment shall be screened from (1) Provide easy sidewalk access for pedestri view on all sides by an appropriate archi- ans by locating vehicle access and loading areas tectural treatment such as a parapet wall where there will be minimal physical or visual or other architectural feature. impact on pedestrians, the flow of traffic, and/or (Ord. No. 11 2012, § 2(Exh. A), 7-17-12; Ord. No. adjacent uses. 07-2015, § 2, 8-18-15) a. All vehicular entrances shall, to the max- imum extent possible, be located off of a Secs. 110-631-110-640. Reserved. side street or an alley in order to mini- mize pedestrian and vehicular conflicts. DIVISION 4. ARCHITECTURAL b. Walkways for pedestrian access shall be GUIDELINES provided between parking areas and the project. Sec. 110-641. Intent. c. Passenger loading zones located on the street shall not impede foot traffic or side- The architectural elements used in the design walks. of new buildings shall create and/or maintain continuity of the street wall and façade. New d. Parking lots and structures shall be de- building façades shall employ architectural ele- signed to provide safe pedestrian circula- ments that provide gradual or compatible transi- tion between parked vehicles and the pri- tions between existing and new buildings. Such mary building through the use of clearly elements include continuity of scale,rhythm, pro- marked pedestrian walkways, stop signs, portion, massing and design, windows and trans- speed bumps, lighting, or other similar parency,façade treatment,building material,color, measures. access, and open space which collectively serve as logical evolutions of the existing character of the e. Pedestrian and vehicular connectivity shall street.This does not mean that identical architec- be provided between parcels and a reduc- tural styles shall be duplicated from neighbor- tion to the need for additional,future curb hood buildings. Rather, continuity shall be main- cuts, and other means of cross access to tained through a consistency in proportion and adjacent parcels shall be encouraged. character of defining elements of existing façades (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. or repetition of other architectural features. 07-2015, § 2, 8-18-15) (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-630. Utility and service areas. Sec. 110-642. Similar and compatible design (1) Utilities, storage areas, mechanical equip- ment, fire alarms, sprinklers and other service Any architectural design elements which are areas shall be located so that they are not visible not specifically listed or which are inconsistent from the public right-of-way. with these code requirements may be approved by the community appearance board on a case-by- a. Storage areas and mechanical equipment case basis. installed as part of a new project shall be (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Supp. No. 24 CD110:94 ZONING § 110-645 Sec. 110-643. Articulation. Sec. 110-644. Building continuity. (1) Reduce the monotony of large buildings by (1) Maintain building openings that enhance breaking architectural elements into smaller pe building design and continuity, as well as the destrian scale components or through use of var- pedestrian experience. ied materials, textures or colors, trim, roof lines, canopies and awnings in order to provide varia- a. Buildings shall be generally designed to tion and visual interest. Facades shall be orga maintain a continuous street wall along nized into three major components, the base the length of a block except to accommo- (ground level), body (upper architecture) and cap date building articulation pursuant to sec (parapet,entablature or roofline),as illustrated in tion 110-643 and maximum building front Figure 3. age standards pursuant to section 110- 626. (Ord. No. 11-2012, § 2(Exh. A) 7-17-12; Ord. No. ,n07 2015, § 2, 8-18-15) Sec. 110-645. Scale. C ' ,11 : #k (1) Maintain human scale of building that en `, `. " hances the pedestrian experience at the ground 1' floor floor of commercial areas. I 0 1 n � �fp £ Figure 3. Building Articulation ;; �` " a. The incorporation of expressed architec- v tural bays shall be encouraged to break44k- s up large unbroken surfaces along the street ,'' li . wall. v_ b. All projects shall provide horizontal archi tectural treatments and/or facade articu- s lations such as cornices, friezes, balco nies,piers,awnings,pedestrian amenities, or other features for the first 15 feet of N 6= building height, measured vertically at tee ' . street level. c. Projects with 60 linear feet or more of Figure 4. Building Scale building frontage shall provide vertical architectural treatments and/or facade ar a. Facades shall incorporate a minimum of ticulations such as columns, pilasters, in two continuous details refined to the scale dentations,storefront bays,windows,land- of 12 inches or less within the first 15 feet scaping, or other feature at least every 30 of the building wall measured vertically feet on center. The vertical break shall be at.the street level,as illustrated in Figure at least 24 to 36 inches in width. 4. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Supp. No. 24 CD 110:95 § 110-646 CAPE CANAVERAL CODE Sec. 110-646. Proportion. (1) Maintain ground level pedestrian scale with traditional storefront facade components and pro- portions to provide a consistent pattern of archi- tectural detailing, including the use of decorative elements, changes in rooflines and windows, and Repeating Roof changes in building materials and color. Mass . 6 '- 1: : 4' A : .,-::::,-;,1**,.r.s. ,77-:,,, 5.,,,,,,, ,,,,,, „:„. , :,;,,:„_, -*-...40,, t- * ;a ' t14114111-4 ''''— '1''''21111'-''. ''' 4Y r , Vie, - Figure 6. Facade Rhythm , � . a. A minimum of one significant detail or . -- �� massing component shall be repeated no ,: less than three times along each applica- "` ble elevation, as illustrated in Figure 6. Figure 5. Building Proportion b. The scale of the chosen element shall relate to the scale of the structure. a. The frontage of buildings shall be divided (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) in architecturally distinct sections of no more than 60 feet in width with each Sec. 110-648. Entry treatment. section taller than it is wide. (1) Construct a dominant entryway to rein- b. Windows and storefront glazing shall be force the character of the building, add visual divided to be either square or vertical in interest, break up the monotony of flat surfaces, proportion so that each section is taller add a vertical element to break up the facade of than it is wide, as illustrated in Figure 5. the building and create an inviting entrance. c. Vertical and horizontal design elements, a. A dominant entryway fronting a public including columns, pilasters, and cor- street that is differentiated from the build- nices, shall be defined at both the ground ing facade and provides a distinctive use level and upper levels to break up the of architectural treatments, materials, or mass of buildings. special lighting shall be constructed. (Ord. No. 11 2012, § 2(Exh. A), 7-17-12) b. Buildings constructed on a corner shall place the dominant entry on the corner at Sec. 110-647. Rhythm. a diagonal. The use of a curvilinear ele- (1) Solid blank walls shall be avoided through ment for this entryway is strongly encour the use of facade modulation or other repetitive aged. architectural detailing to maintain visual organi- c. Building entries shall be illuminated at zation of the building's facade. night. Supp. No. 24 CD110:96 ZONING § 110-651 d. Doors shall be comprised of non-tinted Sec. 110-651. Windows and transparency. clear glass, which is free of temporary signage and/or other types of materials (1) Add visual interest and create a feeling of that may obstruct visibility. openness by incorporating window display areas (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) and windows with architectural defining features such as window frames,sashes,muntins,glazing, paneled or decorated jambs and moldings. For Sec. 110-649. Roof lines. purposes of this section, a window display area shall be an interior storefront or shop window (1) Design new buildings to achieve consis- area which is visible from outside the storefront tency by creating continuity between the heights or shop and designed to display an arrangement of adjacent roofs, parapets, and cornices, where of merchandise and other items for sale or other- possible. wise designed to attract customers to the store or place of business.A window display area shall be a. Roof lines shall be designed to reflect a oriented to create outside visual interest and distinct style(such as)a relatively consis shall have a minimum depth of at least three feet tent horizontal cornice with a dominant measured from the interior surface of the store- vertical architectural element to meet the front or shop window into the store or shop and a roof line; or 2) a collage effect with clearly maximum height of 15 feet measured from pedes- juxtaposed roof lines that have a repeti- trian grade. tive element. b. Severe roof pitches that create prominent out-of-scale building elements shall be avoided. ` (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-650. Exterior surface materials. (1) Select high quality, human-scale building materials to reduce building mass, create visual interest, and complement the community vision - for architectural style of the AlA EOOD. a. The base of a building(the first two to five feet above the sidewalks) shall be differ- Figure 7. Windows & Transparency entiated from the rest of the building facade with treatments such as change in a. A minimum percentage of transparency material and/or color. along a street or primary travel way for different levels of non-residential uses shall b. The exterior facade of buildings shall in- be achieved as follows: corporate no less than two building mate- rials including but not limited to tile, 1. Ground level retail: 25% of surface brick, stucco, cast stone, stone, formed area minimum; concrete or other high quality, long-last- 2. Ground level office or other commer- ing masonry material over a minimum 75 cial uses: 15% of surface area mini percent of the surface area (excluding windows, doors and curtain walls.) The mum; remainder of the wall area may incorpo- 3. Ground level of commercial use over rate other materials. 25,000 SF: 10% of surface area min- (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) imum; and Supp. No. 24 CD110:97 § 110-651 CAPE CANAVERAL CODE 4. Upper levels of all uses: 15% of sur- Sec. 110-652. Storefronts. face area minimum. (1) Promote an active pedestrian district by incorporating attractive and functional store b. Transparency of the ground level shall be calculated within the first 15 feet of the fronts into new construction. building wall,measured vertically at street a. Multiple tenants with storefronts within level, as illustrated in Figure 7. a single building shall be architecturally consistent, but defined and separated c. In cases where a building has more than through structural bays, horizontal lin- two façades fronting a street or primary tels, vertical piers or other architectural travel way,the transparency requirement features up to 30-foot intervals. shall only be required on two façades b. Individual storefronts shall not be used based on pedestrian traffic and vehicular for storage or left empty without window visibility. displays. d. All ground level windows shall be re (Ord. No. 11 2012, § 2(Exh. A), 7-17-12) quired to meet the minimum transpar- ency requirements by providing either direct views to the building's interior or to a lit window display area. Window signs may be placed within the window display area,without limitation,provided any such window sign affixed to or in contact with the window glass shall not exceed 25 percent of the total window glass area fronting the window display area. Fur- ...o- ther, window signs outside of a window display area shall be prohibited unless such signs are exempted under section 94-4(6) of the City Code based on the amount of such signs that exist within total window glass area that is not incor- porated into the window display area. e. Ground level windows shall extend above a minimum 18 to 24 inch base. f. A continuous curtain wall of glass which exceeds 30 feet in width and 15 feet in height without intervening vertical and horizontal breaks of at least 24 to 36 inches, shall be prohibited. g. Street facing, ground floor windows shall be comprised of non-tinted, clear glass. h. Windows on the upper levels of buildings may be comprised of tinted glass to reduce glare and unnecessary reflection. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. 08-2014, § 3, 9-16-14) Supp. No. 24 CD110:98 ZONING § 110-654 Sec. 110-653. Color. (1) Use a color palette which complements adjacent buildings and promotes a consistent color scheme on the site. 2 1 3 1.11.0 PRIMARY COLORS 1 Primary Color 1 2 Primary Color 2 3 Primary Color 3 iimemonil sack. 2 ACCENT COLORS 1 Accent Color 1 2 Accent Color 2 Figure 8. Building Color a. A maximum of three primary colors for each building segment may be proposed with a maximum of two accent colors, as illustrated in Figure 8. b. Bright or intense colors shall not be utilized for large areas unless consistent with the historical context of the area as shown in historic documentation. c. Bright colors on architectural detailing, trim,window sashes, doors and frames, or awnings may be used if they are consistent with the historical context of the area as shown in historic documentation. d. All vents, gutters, down spouts, etc., shall be painted to match the color of the adjacent surface, unless being used expressly as trim or an accent element. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Sec. 110-654. Awnings and canopies. must be durable and fade resistant and (1) Add awnings or canopies to provide varia- maintained in good condition and re- tion to simple storefront designs in order to estab- placed periodically. lish a horizontal rhythm between structures where none exists and add color to a storefront. c. Canopies and awnings that span an en- tire building are discouraged. The careful a. The size, scale and color of the awnings spacing of awnings that highlight certain shall be compatible with the rest of the features of a storefront or entryway is building and shall be designed as an inte- encouraged. gral part of the building architecture. b. Awnings and canopies shall be constructed d. Canopies and awnings shall be located a of high quality,substantial materials which minimum of eight feet above the side- Supp. No. 24 CD110:99 § 110-654 CAPE CANAVERAL CODE walk. Canopies and awnings may extend exterior wall of the building and screened into the required setbacks by up to 50 with landscaping, so as not to be viewed percent of the required setback providing from the public right-of-way. they do not impede pedestrian flows and or restrict utility and drainage ease- ments. (2) When fencing is required around on-site (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. stormwater management areas (retention/deten- 07-2015, § 2, 8-18-15) tion ponds) which are located in front of the building's primary façade and along a street or Sec. 110-655. Ground floor lighting. primary travel way, it shall be decorative fencing and shall not be chain-link fencing. (1) Incorporate lighting into the design not (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) only to accentuate architectural features, but to provide a safe environment for pedestrian activ- ity. Secs. 110-657-110-667. Reserved. a. Lighting shall be shielded to prevent glare to adjacent properties. DIVISION 5. PARKING b. Intense lighting which is used solely for advertising purposes shall not be used. c. Buildings shall be highlighted through Sec. 110-668. Intent. "up" lights or accent lights placed on the façade. The location and design of parking lots and d. Neon lighting shall not be used to outline buildings in a development is critical in promot- a building except when it is integral to the ing safety for pedestrians and minimizing conflict with vehicles. Parking structures and areas shall architectural design of the structure,such as the instance of Art Deco or other his form an integral part of the project and be well torically and architecturally appropriate landscaped, so as not to detract from the pedes- design elements. trian experience and maintain visual interest. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Sec. 110-656. Utilities and stormwater man- Sec. 110-669. Surface parking. agement area screening. (1) Screen or enclose existing utilities, storage (1) Locate surface parking in the rear or side of areas, mechanical equipment, fire alarms, sprin buildings and provide pedestrian access from the klers and other service areas with attractive parking to the building and street. However, due landscaping or architectural barriers. to the nature of certain uses, the director of a. Screen or enclose rooftop mechanical equip- community development or designee may approve ment by materials that are architectur- up to one row of parking between the front of a ally integrated with the building. building and street. b. Locate enclosed trash/recycling contain- ers at the rear where they are not visible a. A surface parking lot adjacent to a public to the public. street shall conform to the landscape re- quirements detailed in division 6 of this c. Trash/recycling storage bins shall be lo- article. cated within a gated, covered enclosure (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. constructed of materials identical to the 07-2015, § 2, 8-18-15) Supp. No. 24 CD110:100 ZONING § 110-684 Sec. 110-670. Parking structures. b. Landscape plans for all projects shall be prepared, signed and sealed by a regis- (1) When a parking structure is included in a tered landscape architect. project, it shall be integrated into the overall design of a development. c. The landscape plans shall be drawn to a a. Parking structures shall be compatible scale between one inch equals ten feet, with the main building through a consis- and one inch equals 40 feet. tency in building material, color and ar- chitectural defining features. (2) The landscape plan shall include notations (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. of all elements required by this section or the 07-2015, § 2, 8-18-15) information shall be attached to specify compli- Editor's note—Ord.No.07-2015,§2,adopted August 18, ance with this section, and at a minimum, shall 2015, repealed § 110-670,which pertained to shared parking include the following. and derived from Ord. No. 11-2012, § 2(Exh. A), 7-17-12. Additionally, said ordinance renumbered § 110-671 as § 110- a. The "limit of work" line for the subject 670. project to include any adjacent property trees located up to ten feet beyond the Secs. 110-671-110-682. Reserved. property line; DIVISION 6. LANDSCAPING b. All overhead utility lines, transformers, easements,and underground utilities,side- Sec. 110-683. Intent. walks located within the project, and ground or pole signs as defined in chapter Through the use of a variety of vegetation such 94 of this Code; as trees, shrubs, ground cover, perennials and annuals, as well as other materials such as rocks, c. All existing and proposed light poles, fire water,sculpture or paving materials,landscaping hydrants, and backflow prevention de- unifies streetscape and provides a positive visual vices; experience. Landscaping also can emphasize side- walk activity by separating vehicle and pedes- trian Building finished floor elevation(s) and trian traffic, provide shade, define spaces, building overhang(s); accen- tuate architecture, create inviting spaces and e. Proposed site grading, including spot ele- screen unattractive areas. Also, since water re vations, and contour lines at one foot in sources are limited and water restrictions are tervals; commonplace in East Central Florida, especially in the coastal areas, the city is incorporating f. Healthy and viable existing on-site trees water-efficient landscape standards as a means to and shrubs of a Code-acceptable size, spe- help conserve water use for landscaping. cies and location that are intended to be (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) preserved and applied toward the require- ments of this section. Details of the pro- Sec. 110-684. Commercial site plan review. tective barriers and/or other protective (1) All development and redevelopment of real measures to be used for said preservation property, including all structures, whether tem shall be provided; porary or permanent, within the district shall g. Notes indicating that all existing invasive comply with the provisions of this section. exotic plants, as listed in the Florida a. Construction requiring site plan review Exotic Pest Plant Council (FLEPPC) shall not be permitted until a landscape Invasive Plant Species List (2011), shall plan consistent with this section has been be removed(any disturbance of a wetland submitted to and approved by the commu- area requires compliance with chapter nity development department. 106 of this Code.); Supp. No. 24 CD110:101 § 110-684 CAPE CANAVERAL CODE h. A plant schedule which describes all pro- (4) Irrigation: Whenever available,reuse wa- posed landscape materials,including spec- ter shall be used for irrigation in accor- ifications as to the species, size, spacing, dance with section 90-176 of this Code.All opacity, and quantity of plant material; irrigation systems shall conform to the i. In no case shall a landscape plan incorpo requirements set forth in chapter 91 of rate the use of prohibited invasive exotic this Code and shall be certified by the plant species as described in F.S.§581.091, licensed contractor or licensed profes as may be amended; sional to be in compliance with chapter 91 irrigation system requirements in design. j. Nothing in this article shall be construed Certification shall include language pro- to prohibit or be enforced to prohibit any viding that the system shall be installed property owner from implementing city- in compliance with the chapter 91 irriga- approved low impact development tech- tion system requirements. This certifica- niques for stormwater management and tion shall be submitted to the city on the capture or Florida Friendly Landscaping landscape plan. on their land; and (5) As an option, Florida Friendly Landscap- k. In all cases, a certification from the land ing principles, as described in F.S. scape architect stating that the landscape § 373.185(1)(b), as may be amended, may plan is designed in accordance with this be utilized for the entire landscape plan. section. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) (6) The landscape plan shall contain certifi- cation by the registered landscape archi- Sec. 110-685. Water efficient landscaping. tett that the landscape plan is designed in The following water-efficient landscaping prin compliance with this Code and the certi ciples shall be considered when designing a land fication shall be submitted to the city as a scape plan as specified in section 110-684 of this component of the initial submittal of the commercial site plan. Such certification Code: shall be stated directly on the landscape (1) Plant selection: In preparing the land- plan. scape plan, plant material shall be se- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) lected that is best suited to withstand the growing and soil conditions of coastal ar- Sec. 110-686. Screening between commer- eas. Plant species that are freeze and cial or industrial zoning dis- drought tolerant are preferred. tricts or uses and residential (2) Turf grass: Turf grass areas shall be con- districts or uses. solidated and limited to those areas on the site that receive pedestrian traffic, (1) Whenever the boundaries of a commercial provide for recreational uses, provide soil or industrial zoning district or commercial or erosion control such as on slopes or in industrial use and a residential zoning district or swales, where turf grass is used as a residential use abut, a visual screen shall be design unifier, or other similar practical provided within the required setbacks of the prop- use. The landscape plan shall label the erty which is developing or redeveloping. intended use of turf areas. (2) Such visual screen shall: (3) Mulch:A layer of organic mulch, installed to a minimum depth of two inches, shall a. Be provided along the entire length of the be specified on the landscape plans in boundary separating the commercial or plant beds and around individual trees in industrial zoning district or commercial turf grass areas. Mulch shall not be re- or industrial use from the residential zon- quired in annual beds. ing district or residential use. Supp. No. 24 CD110:102 ZONING § 110-689 b. Have a minimum of one ten-point tree perimeter boundary does not create any value as defined in section 110-567 which visual interest or transition on the perim- shall be planted every 35 feet with at least eter between adjacent properties. two five point trees on the minimum 50- e. Commercial parking facilities subject to foot C-1 or 75 foot C-2 lot or commercial section 110-690 are exempt from this sec- use and three five-point trees on the min- imum 75-foot M-1 lot or industrial use. tion. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. (3) Unless stated otherwise, all other require- 03-2013, § 2, 3-19-13; Ord. No. 07-2015, § 2, ments of section 110-566 not listed here, shall 8-18-15) apply. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Sec. 110-688. Building landscaping. Sec. 110-687. Project perimeter. (1) Landscaping is required at the base of buildings to create visual interest and to soften (1) To create visual interest and transition on the contrast of the building and the other vege- the project perimeter, a landscaped area shall be tated areas. provided between the adjacent properties and the a. A landscaped area shall be provided around public right-of-way. the base of all buildings oriented toward a. The landscaped area shall be equal to the public rights-of-way or public parking ar- full linear length of the property and have eas. The rear of the building shall not be a minimum depth of five feet. included within the landscaped area un- less it is oriented to a public right-of-way. b. At least 50 percent of the required land- scaped area shall consist of landscaping b. This landscaped area shall be equal to 50 capable of achieving a minimum of 30 percent of the linear length of the building base oriented toward the rights-of-way inches in height, with one medium oror large tree planted for each 25 feet or parking areas, with a minimum width of fraction thereof of the linear property four feet. length, or one small tree or palm tree c. At least half of the required landscaped planted for each 15 feet or fraction thereof area shall contain landscape material other of the linear property length. When locat- than ground cover, with trees provided at ing trees, consideration shall be given to a ratio of one tree per 200 square feet of impact on underground and overhead util- required landscaped area or fraction ity lines. thereof. The distribution of the land- c. The layout of the required landscaped scaped areas shall be at the discretion of area shall be at the discretion of the the owner. owner,such that the required square foot- d. Building landscaping may be applied to- age may be aggregated to provide maxi- wards meeting the perimeter landscaping mum aesthetic value. However, each pe- requirement in this section. rimeter requiring landscape must have at (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) least 50 percent of the required landscape along that perimeter. Sec. 110-689. Surface parking lots. d. Unless otherwise expressly required by this article, the community development (1) Buffer off-street parking adjacent to a pub director may exempt a perimeter bound- lic right-of-way or residential buildings or resi- ary from this section if he determines that dential zoned property with a landscaped barrier. the perimeter boundary does not abut a a. Interior landscaping for off-street parking public space,including,but not limited to, shall conform to the requirements of sec- a public road, sidewalk or park, and the tion 110-567 of this Code. Supp. No. 24 CD110:102.1 § 110-689 CAPE CANAVERAL CODE b. Minimum landscape buffer width be- fer not visible from non-industrial use). Land- tween the right-of-way and the parking or scape buffers required pursuant to this section vehicular access area along AlA, Central shall be consistent with the following: Boulevard, and N. Atlantic Avenue shall be ten feet and five feet along all other (a) Opaque walls and fences shall be contin- streets. uously landscaped along the outside pe- rimeter using shrubs and trees with min- c. A knee wall which is at least 30 inches in imal gaps or breaks in between plantings. height is required when an off-street park- ing area is located within 25 feet of the (b) Chain link fencing or other non-opaque public right-of-way. walls or fences shall be continuously land- scaped along the outside perimeter with d. A continuous landscape berm at an aver- shrubs, plus one 10-point tree, as defined age height of 30 inches from grade may be by section 110-567, every 35 feet in order permitted in lieu of a required knee wall. to provide an opaque screen. e. A knee wall or berm may be, staggered, (Ord. No. 03 2013, § 2, 3-19-13) meandering or continuous. Secs. 110-691-110-700. Reserved. f. A knee wall or berm shall not obstruct any safe sight distance triangle. DIVISION 7. SIGNAGE g. A knee wall shall be compatible with the architectural design, material, and color of the principal building of the project. Sec. 110-701. Intent. The placement, construction, color, font style, h. Lighting shall not be used to create an attraction, distraction, or commercial and graphic composition of signs have a collective signage intent to the wall or berm. impact on the appearance of the entire district. .. Therefore, signage shall be integrated with the i. For the purpose of this standard, a mixed- overall design of a building and its surrounding use building which includes residential landscape.Signage shall convey a simple straight- units shall not be defined or categorized forward message to identify businesses and/or to as a residential building. assist pedestrians and vehicular traffic in locating (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. their destination. The size, number, location and 07-2015, § 2, 8-18-15) use of signage are further regulated in chapter 94 of this Code. Sec. 110-690. Required screening for corn- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) mercial parking facilities. A commercial parking facility shall include a Sec. 110-702. All signs. fence or wall around the perimeter of the facility. (1) Design signage which is incorporated into Further, a perimeter boundary landscape buffer the overall design of a building and complements shall be required when a commercial parking the façade or architectural element on which it is facility is located adjacent to a non-industrial placed. type use or a public space, including, but not limited to, a public road, sidewalk or park. When a. All signs shall be maintained in good the perimeter boundary is located adjacent to a repair. non-industrial type use the community and eco b. Easy to read signs with a brief simple nomic development director may exempt a perim- message and a limited array of font styles eter boundary from the landscape buffer require are encouraged. ment if the landscape buffer would not create any visual interest or transition on the perimeter c. Colors shall be selected to contribute to between adjacent properties (e.g. landscape buf- the legibility and design integrity of a Supp. No. 24 CD110:102.2 ZONING § 110-704 sign with sufficient contrast between the o. No later than 90 days following the clos- background color and that of the letter or ing of a business, any related signs shall symbol. be removed and replaced with blank pan- els or painted out. d. Signs shall not dominate or obscure the (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) architectural elements of building fa- cades, roofs or landscaped areas. Sec. 110-703. Awning signs. e. Signs may be constructed of metal, stone, (1) Develop awning signs that are harmonious wood,recycled composite material or other with architectural details of the facade and which non-illuminated material. do not detract from the overall design. f. Signs made up of channel lettering, hung a. Signage shall be limited to the skirt (va- away from the face of a building such as a lence) of the awning and shall not be on projecting sign and or signs perpendicular the awning face. to the face of a building tend to have a b. If illuminated, awning sign illumination lighter appearance and are permitted. shall be external. Back-lit, translucent signs are prohibited. Lighting shall be g. Neon signs and channel lettering are per directed downward and shall not illumi- mitted. nate the awning. h. Internal illumination shall be used only c. To avoid having to replace awnings or for signs composed of individual channel paint out previous tenant signs when a or neon letters or graphics. new tenant moves in, the use of replace- i. Energy efficient light, such as LED able valances shall be considered. (light- emitting diode) or other current technol- d. The shape, design, and color of the aw- ogy shall be used throughout all signage pings shall be carefully designed to coor- types. dinate with, and not dominate, the archi- tectural style of the building. Where j. The height and width of letters and logos multiple awnings are used, on the build- shall be properly proportioned to the sign ing, the design and color of the sign aw- area on which the sign is to be located. pings shall be consistent. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) k. Signs shall be scaled to fit within the boundaries of a storefront or building it is advertising. Sec. 110-704. Pedestrian signs. 1. The exposed backs of all signs visible to (1) Develop coordinated pedestrian signage, the public shall be suitably finished and which complements the pedestrian orientation of maintained. the AlA and Central Boulevard Corridor. a. Each business on the ground floor may m. Projects or buildings containing more than have one pedestrian sign, except that cor- one storefront shall have a planned coor- ner businesses with frontage on both dinated sign program that provides con- streets may have two pedestrian signs. sistency with regard to height,size,shape, colors and degree of illumination. b. Each business that is located on a second floor may have a pedestrian sign on the n. The restoration of historic signage as may ground level if there is direct exterior be prescribed in recognized preservation pedestrian access to the second floor busi- guidelines and historic documentation is ness space. strongly encouraged. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Supp. No. 24 CD110:102.3 § 110-705 CAPE CANAVERAL CODE Sec. 110-705. Projecting signs. story buildings, the best location for a wall sign is generally a band or blank (1) Design projecting signs,which are compat- area between the first and second floors. ible with the architectural context of the AlA EOOD and which improve the overall appearance d. New wall signs in a shopping center that of the area. does not have an approved sign program shall be placed consistent with sign loca- a. Projecting signs shall be hung at a 90- tions on adjacent businesses. degree angle from the face of the building. e. For new and remodeled shopping centers, b. Appropriate materials include wood,metal, a comprehensive sign program for all the recycled composite material or other non- signs in the center shall be developed and illuminated material with carved or ap- approved by the community appearance plied lettering, or any other material that board. is architecturally compatible with the build- (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) ing to which the sign is attached. c. Sign supports and brackets shall be com Sec. 110-707. Hanging signs. patible with the design and scale of the (1) Design hanging signs to be suspended be- sign and the architectural design of the low a marquee or a canopy to help define entries building. Where appropriate, decorative and identify business names to pedestrians. iron and wood brackets are encouraged. a. Where overhangs or covered walkways d. The text, copy, or logo face shall not ex- exist, pedestrian-oriented hanging signs ceed 75 percent of the sign face of a are encouraged. projecting sign. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) b. Hanging signs can be particularly useful for storefronts that have multiple ten- Sec. 110-706. Wall signs. ants. c. Hanging signs shall be simple in design (1) Design wall signs to be compatible with the and not used to compete with any existing architectural context of the A1A EOOD and which signage at the site, such as wall signs. improve the overall appearance of the area. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) a. Multiple wall signs on a building façade shall be located in order to maintain a Sec. 110-708. Window signs. physical separation between each individ- Design window signs to complement the façade ual sign, so it is clear that the sign relates of the building and be incorporated into and not to a particular store below. detract from the overall design. b. Wall signs shall be mounted on a flat (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) building surface, and, unless a projection is an integral design element, shall gen- Sec. 110-709. Business park/area multi-user erally project as little as possible from the sign. building's face. Wall signs shall not be Pursuant to a developer's agreement approved placed over or otherwise obscure arch itecby council,a multi-user sign may be erected on SR tural building features, nor shall they AlA, Center Street and/or Central Boulevard to extend sideways beyond the building face provide signage for properties/businesses located or above the highest line of the building to along Central Street, Imperial Boulevard, Brown which it is attached. Circle, and Commerce Street. c. Wall signs shall be located on the upper (Ord. No. 08-2014, § 3, 9-16-14) portion of the storefront, within or just above the storefront opening. On multiple Secs. 110-710-110-719. Reserved. Supp. No. 24 CD110:102.4 ZONING § 110-720 ARTICLE XI. PLANNED DEVELOPMENTS Land use plan means the plan approved by the city council pursuant to this article and on file DIVISION 1. GENERALLY with the city which establishes the planned de- velopment zoning designation on the applicant's property. Sec. 110-720. Definitions. Planned development means an area of land The following words, terms and phrases, when developed as a single entity or in approved phases used in this article, shall have the meanings in conformity with approved land use and site/ ascribed to them in this section, except where the construction plans by a property owner or a context clearly indicates a different meaning: property owner's authorized agent(s), which is comprehensively planned to provide for a variety Applicant means the property owner or the of land uses and common open space. property owner's authorized agent seeking to de- velop land as a planned development pursuant to Site means the actual physical area to be this article. developed as a planned development, including the natural and man-made characteristics of the Common open space means a parcel of land or area. a combination of land and water within a planned Site/construction plan means a detailed, di- development designed and intended for the use or mensional plan at a reproducible scale providing enjoyment of the patrons or residents of the information and graphic depiction of all physical planned development. Common open space shall development relationships to occur within a tract be integrated throughout the planned develop- of a planned development. ment to provide for a linked recreational/open space system. Tract means an area of land delineated within a phase, which is separate unto itself having a Concept plan means a generalized plan illus- trating the assessment and possible suitable de- velopment of a site. Construction means the process,usually requir- ing the professional services of an architect and/or engineer, of building, altering, repairing, improv- ing or demolishing any structure or building or other improvements of any kind to any real prop- erty. Construction schedule means a comprehensive statement demonstrating the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A construction schedule shall contain an exact description of the specific buildings, facilities, common open space and other improvements to be developed by the end of each time period. Phase means a specified portion of an approved planned development that may be developed as an independent entity which is delineated in the approved land use and site/construction plans and specified within the construction schedule. Supp. No. 24 CD110:102.5 •••1111,0, APPENDIX A FRANCHISES Article I. Cable Television Franchise (Reserved) Article II. Electric Sec. 1. Grant of electric utility franchise: term of franchise. Sec. 2. Facilities requirements. Sec. 3. Indemnification. Sec. 4. Rates,rules and regulations of grantee. Sec. 5. Franchise fee. Sec. 6. Most favored nations. Sec. 7. Noncompetition by grantor. Sec. 8. Competitive disadvantage: termination by grantee. Sec. 9. Legislative or regulatory action. Sec. 10. Default by grantee. Sec. 11. Default by grantor. Sec. 12. Grantor's right to audit. Sec. 13. Renewable energy. Sec. 14. Undergrounding of facilities. Sec. 15. Smart grid technology. Sec. 16 Infrastructure hardening. Sec. 17. Preferential or discriminatory practices prohibited. Sec. 18. No joint venture. Sec. 19. Notices. Sec. 20. Captions. Sec. 21. Headings: entire agreement;governing law. Sec. 22. Grantor's rights of intervention. Sec. 23. Jurisdiction and venue. Sec. 24. Qualified severability. Sec. 25. Definition of"person". Sec. 26. Repeal of prior inconsistent ordinance, resolutions and agree- ments. Sec. 27. Incorporation into Code. Sec. 28. Effective date. Article III. Gas Franchise Agreement Sec. I. Recitals. Sec. II. Short title. Sec. III. Purpose and goals. Sec. IV. Definitions. Sec. V. Grant of franchise. Sec. VI. Effective date of franchise;term. Sec. VII. Franchise operation. Sec. VIII. Transfer of ownership or control. Sec. IX. Franchise fees. Sec. X. Forfeiture or revocation. Sec. XI. Liability and insurance. Sec. XII. Indemnification and hold harmless. Sec. XIII. Design and construction provisions. Sec. XIV. Books and records available to city. Sec. XV. Preferential or discriminatory practices prohibited. Sec. XVI. Service standards. Sec. XVII. Miscellaneous provisions. Supp. No. 24 CDA:1 CAPE CANAVERAL CODE Article IV. Telephone (Reserved) Article V. Water Franchise Article VI. Solid Waste Franchise Agreement 1.0 Recitals. 2.0 Definitions. 3.0 Grant of Franchise. 4.0 Scope of Work. 5.0 Rates and Charges Compensation to Contractor. 6.0 Schedules and Routes. 7.0 Collection Equipment and Vehicles. 8.0 Contractor's Personnel. 9.0 Level of Service; Customer Complaints; Annual Evaluation by City. 10.0 Authorized Representative's Interpretation and Decision. 11.0 Other City Permits. 12.0 Performance Bond Alternatives. 13.0 Transfer of Ownership or Control. 14.0 Forfeiture or Termination. 15.0 Regulatory Authority. 16.0 Liability and Insurance. 17.0 Indemnification and Hold Harmless. 18.0 Interference with Persons Public and Private Property and Util- ities. 19.0 Books and Records Available to City,Quarterly Report. 20.0 Preferential or Discriminatory Practices Prohibited. 21.0 Storms; Hurricanes;Natural Disasters; Calamities. 22.0 Miscellaneous Provisions. .� 23.0 Effective Date/Term. 24.0 Disruption in Collection and Disposal Services. 25.0 Administrative Charges. 26.0 Contractor's Representative. 27.0 Time of the Essence. 28.0 Sovereign Immunity. 29.0 Title to Refuse. 30.0 Public Awareness Campaign. Exhibit A. Solid Waste Rates Exhibit B. City Controlled Property Supp. No. 24 CDA:2 APPENDIX A—FRANCHISES Art. III, §XVII to: City Manager, City of Cape Canaveral, Flor- venue shall lie within Brevard County, Florida, ida, 105 Polk Avenue, Cape Canaveral, Florida and for the purpose of federal court action, venue 32920.All notices to the company shall be sent to: shall lie within Orlando, Florida. Michael A. Palecki, NUI Corporation, Southern THE COMPANY HEREBY WAIVES RIGHT Division, 955 East 25th Street, Hialeah, Florida, TO TRIAL BY JURY IN ANY ACTION 33013, and to Randall Harris, NUI Company BROUGHT ON THIS AGREEMENT OR ON 4180 South U.S. Highway 1, Rockledge, Florida, ANY MATTER ARISING IN CONNECTION 32955. The names and address in this section WITH THIS AGREEMENT. may be unilaterally amended by either party at anytime by giving written notice to the other 17.10. Attorney's fees. In the event of any party. litigation or arbitration arising out of this agree- ment, the prevailing party shall be entitled to an 17.5. Captions. Captions to sections through award of its reasonable attorney's fees and court this agreement are solely to facilitate the reading costs incurred in such action. and reference to the sections and provisions of the agreement. Such captions shall not affect the 17.11. Franchise costs. The company agrees to meaning or interpretation of the agreement. pay the public advertising costs incurred by the city in granting this franchise or any renewal or 17.6. Severability. If any section, subsection assignment thereof. sentence, clause, phrase, or portion of this agree- 17.12. Renegotiation clause. In the event of a ment is, for any reason, held invalid or unconsti- material change in federal or state law(s) or tutional by any court of competent jurisdiction, public service commission rule(s) or in the event such portion shall be deemed a separate, distinct, the company enters into a franchise or other and independent provision. Such holding shall agreement with Brevard County or any other city not affect the validity of the remaining portions of within Brevard County which provides the county this agreement. or other city more favorable franchise fees than provided to the city under this franchise, the city 17.7. City's rights of intervention. The company and the company mutually agree to renegotiate agrees not to oppose intervention by the city if those particular terms of this franchise affected any suit or proceeding to which the company is a by changes in said law(s) rule(s), or franchises or party, concerning or involving the company and agreements. This franchise shall remain in full the city's rights under this agreement. force and effect until any negotiated amendments have been duly approved by both the city and the 17.8. Headings; entire agreement; governing company, however, if the company fails to negoti- law. The headings contained in this agreement ate said amendments in good faith and in a timely are for reference purposes only and shall not manner,the city shall have the right to terminate affect in any way the meaning and interpretation this franchise pursuant to paragraph 10.4 herein. of this agreement.This agreement constitutes the (Ord. No. 1-97, § 1, 2-18-97) entire agreement and supersedes all prior agree- ments and understandings,both written and oral, IN WITNESS WHEREOF, the parties hereto among the parties with respect to the subject have caused this Agreement to be executed as of matter hereof. This agreement shall be governed the day and year first above written. in all respects, including validity, interpretation and effect, by the laws of the State of Florida. 17.9.Jurisdiction and venue. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject mat- ter of any litigation between the parties arising hereunder. For purpose of state court action, Supp. No. 24 CDA:27 Art.III,§XVII CAPE CANAVERAL CODE CITY: CITY OF CAPE CANAVERAL, WITNESSES: FLORIDA /s/ Susan Stills By: /s/ John K. Porter /s/ Greg Mullins COMPANY: WITNESSES: NATIONAL UTILITY INVESTORS /s/ By: /s/ STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 18th day of February, 1997, by JOHN K. PORTER, Mayor of the CITY OF CAPE CANAVERAL,FLORIDA, a Florida Municipal Corporation, on behalf of the aforesaid municipal corporation, who is/is not personally known to me, or has produced as identification. /s/ Sandra H. Sims NOTARY PUBLIC ARTICLE IV. TELEPHONE (RESERVED)* ARTICLE VI. SOLID WASTE FRANCHISE AGREEMENT ARTICLE V. WATER FRANCHISE- THIS AGREEMENT made and entered into this 21st day of October, 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA,a Flor- ida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (herein- after "City") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood, Florida 32779 (hereinafter "Contractor"). *Editor's note—Printed herein is the solid waste agree- ment of the city,Ordinance No.13-2014,as adopted on Oct.21, 2014, effective retroactive Oct. 1, 2014. Amendments to the ordinance are indicated by parenthetical history notes follow- *Editor's note—At the direction of the city, pursuant to ing amended provisions. The absence of a history note indi- an e-mail dated Dec.30,2013,Appendix A,Article IV,has been cates that the provision remains unchanged from the original removed from this Code.Article IV,§§ 1-11,which pertained ordinance.Obvious misspellings and punctuation errors have to telephone franchise and derived from Ord. No. 24-95, been corrected without notation. Additions made for clarity §§ 1 11, adopted Sept. 19, 1995 and Ord. No. 4-96, § 1, are indicated by brackets. adopted May 21, 1996,expired on September 19, 2010. Cross references—Environment,ch.34;litter,§34-26 et Cross reference—Public service tax,§ 70-26 et seq. seq.; disposal of garbage, trash, rubbish, and other waste tEditor's note—The water franchise has been handled by restricted,§34-28;abandoned property,§34-176 et seq.;solid an interlocal agreement between the City of Cape Canaveral, waste, ch. 62; utilities, ch. 78; concurrency management Florida, and the City of Cocoa, Florida.A copy of said agree- system, ch. 86;vegetation, ch. 102; land clearing, § 102-36 et ment is on file in the city clerk's office. seq.;supplementary district regulations, § 110-466 et seq. Supp. No. 24 CDA:28 APPENDIX A—FRANCHISES Art.VI, 2.0 WITNESSETH: 2.0 Definitions. WHEREAS,there is an immediate and continu The following words and phrases contained in ing need for the collection and disposal of bulk this Agreement shall have the meaning ascribed trash, refuse, vegetative waste, and recyclable in this section unless the context clearly indicates materials from residents, businesses, and other otherwise: entities within the municipal boundaries of the 2.1 Authorized Representative:Shall mean the City of Cape Canaveral; and City Manager or his designee who shall represent the City in the administration WHEREAS, in 2009 the City completed a com- and supervision of the Agreement. The petitive bidding process for the collection and City Manager's designee, if any, shall be disposal of bulk trash, refuse, vegetative waste, appointed in writing, and said appoint- and recyclable materials within the City of Cape ment may be for the administration and Canaveral; and supervision of this Agreement,in whole or in part. WHEREAS,Contractor has the necessary equip 2.2 Biohazardous Waste:Shall mean any solid ment, personnel, and experience to properly per waste or liquid waste which may present form the collection and disposal services de- a threat of infection or disease to humans scribed herein; and or may reasonably be suspected of harbor- WHEREAS, upon review of the competitive ing pathogenic organisms. The term in bids submitted, the City Council of the City of eludes, but is not limited to, non liquid Cape Canaveral determined that Contractor's bid human tissue and body parts; laboratory was the lowest and most responsible bid submit- and veterinary waste, which contain hu ted, and the City Council determined that it is in man-disease-causing agents; used or con the best interests of the public health, safety, and taminated disposable sharps (e.g. hypo welfare of the citizens of the City of Cape Canav dermic needles, syringes, broken glass, eral and its resident businesses and entities to and scalpel blades), human blood, and award a franchise to Contractor to provide for the human blood products and body fluids; collection and disposal of bulk trash, refuse, veg and other materials which in the opinion etative waste, recyclable materials, construction of the Department of Health and Rehabil- and demolition debris upon the terms and condi itative Services represent a significant tions more particularly described herein; and risk of infection to persons outside the generating facility. WHEREAS, in consideration of the excellent 2.3 Biological Waste: Shall mean solid waste service provided by the Contractor, the Septem- that causes or has the capability of caus- ber 2014 expiration and the need to clarify certain ing disease or infection and includes, but portions of the contract;both parties have decided is not limited to, Biohazardous waste, it is in the best interests of both to re-negotiate diseased or dead animals,and other waste the 2009 contract. capable of transmitting pathogens to hu- mans or animals. NOW THEREFORE, in consideration of the 2.4 Bulk Trash: Shall mean any non-vegeta- mutual covenants,agreements,and consideration tive item which cannot be containerized, contained herein, the City and Contractor agree as hereinafter set forth: bagged or bundled; including, but not limited to, inoperative and discarded re- frigerators, ranges, toilets, washers, dry- 1.0 Recitals. ers, bath tubs, water heaters, sinks, bicy- cles,car tires,and other similar appliances; The foregoing recitals are true and accurate household goods, and furniture and shall and are incorporated herein by reference. not be commingled with vegetative waste. Supp. No. 24 CDA:29 Art.VI, 2.0 CAPE CANAVERAL CODE 2.5 City: Shall mean the City of Cape Canav- and/or commercial 96-gallon cart service. eral, a Florida Municipal Corporation lo- Commercial Service is further defined as cated in Brevard County, Florida, acting any service identified within Exhibit "A" through its City Council or Authorized other than Service Code SFR1, MHR2, Representative. and RCCM. 2.6 City Council: Shall mean the City Council 2.14 Commercial Trash: Shall mean any and of the City of Cape Canaveral, Florida. all accumulations of paper, rags, excelsior 2.7 City Code or Code:Shall mean the Code of or other packing materials, furniture, ap- Ordinances of the City of Cape Canaveral, pliances, wood, cardboard boxes or con- Florida. tainers, sweepings, and any other similar accumulation not included under the def- 2.8 Collection and Disposal Service:Shall mean inition of garbage, generated by the oper- the process whereby refuse, bulk trash, ation of stores, offices, and other commer- vegetative waste,or recyclable material is cial establishments.Commercial trash shall collected and transported for disposal by not include special waste. Contractor under this Agreement to a designated facility or some other ap- 2.15 Complaint: Shall mean verbal or written proved disposal facility. indication from a customer or its Autho- 2.9 Collection Equipment: Shall mean any rized Representative of a problem with vehicle or equipment that is used by Con- any aspect of the collection and disposal tractor to perform the collection and dis- posal services provided by Contractor pursuant posal services required by this Agree to this Agreement, whether or not the ment. problem results in a service call by Con- tractor. 2.10 Collection Vehicle:Shall mean any vehicle that is used by Contractor to perform the 2.16 Construction and Demolition Debris:Shall collection and disposal services required have the same meaning proscribed in 62- by this Agreement. 701.200(24),Florida Administrative Code, which at the effective date of this Agree- 2.11 Collection Regulations: Shall mean any ment means: local, state, and federal laws and admin- istrative rules that regulate any and all Discarded materials generally considered aspects of collection and disposal services, to be not water soluble and non-hazard- as may be in existence during the term of ous in nature, including but not limited to this Agreement. steel,glass, brick, concrete, asphalt mate- 2.12 Compactor: Shall mean and include con- from pipe, gypsum wallboard, and lumber tainers dumped mechanically by a collet from the construction or destruction of a structure as part of a construction or tion vehicle and able to be serviced by demolition project or from the renovation Contractor. The type serviced by a front of a structure, including such debris from end loader generally ranges in size from construction of structures at a site remote 2-10 cubic yards. The type serviced by a from the construction or demolition proj- roll off truck generally ranges from 15-50 ect site. The term includes rocks, soils, cubic yards. Both units are designed to tree remains, trees, and other vegetative mechanically compact solid waste. matter that normally results from land 2.13 Commercial Service: Shall herein refer to clearing or land development operations the collection and disposal services pro- for a construction project; clean card- vided to business establishments,churches, board, paper, plastic, wood, and metal schools, multiple dwelling units, office scraps from a construction project; except buildings and other commercial establish- as provided in Section 403.707(9)(j), F.S., ments serviced by mechanical container yard trash and unpainted, non-treated Supp. No. 24 CDA:30 APPENDIX A—FRANCHISES Art. VI, 2.0 wood scraps from sources other than con- 2.22 Disposal Costs: Shall mean the "tipping struction or demolition projects;scrap from fees" or landfill costs charged to the Con- manufacturing facilities that is the type tractor by others for the disposal of solid of material generally used in construction waste collected by the Contractor in per- projects and that would meet the defini- forming collection and disposal services tion of construction and demolition debris provided hereunder. if it were generated as part of a construc- tion or demolition project, including de- 2.23 Dispute: Shall mean a disagreement be- bris from the construction of manufac- tured homes and scrap shingles,wallboard, question of fact, interpretation of this Agreement, Contractor's compliance and siding concrete,and similar materials from performance with the terms and condi industrial or commercial facilities and de tions of this Agreement, and Contractor's minimis amounts of other non hazardous level of service provided while performing wastes that are generated at construction or demolition projects, provided such collection and disposal services.A dispute amounts are consistent with best manage- does not include a disagreement concern- ment practices of the construction and ing an annual evaluation as provided in demolition industries. Mixing of construc paragraph 9.3. tion and demolition debris with other types 2.24 E-Waste: Shall mean Electronic Waste of solid waste will cause it to be classified that includes, but is not limited to, com- as other than construction and demolition puter towers; laptop computers; key- debris. boards, zip and external hard drives; flat 2.17 Contract or Agreement: Shall mean this screen monitors, scanners, printers, bat Contract, and any amendments, executed tery backup units; speakers, cables and by the City and the Contractor or renew- related accessories;A/V equipment includ als from time to time,for the performance ing amps, receivers, DVD, VCR, televi- of the collection and disposal services sions, cassette and reel to reel tape play- scribed herein. de- ers, turntables & related electrical hardware; power tools (plug-in and re- 2.18 Contractor or Franchisee:Shall mean Waste chargeable); battery packs and chargers; Pro of Florida., Inc. and its directors, communication devices(hand held&ham officers, employees, agents, contractors, radios, pagers, cell phones, cordless & and assigns. wired phones); rechargeable appliances 2.19 CPI: Shall mean the Consumer Price In- (dust-busters, shavers, flashlights, small dex All Urban Consumers, Series ID: toys,fans);digital cameras,recorders,GPS CUURX000SAO, not seasonally adjusted, units and related hardware; remote con- size class B/C (between 50,000 and trols; electrical motors up to 3 HP; micro- 1,500,000), all items, base period Decem- wave ovens;all circuit boards;all Mercury- ber 1996=100, as published by the United Containing Devices;i.e.,fluorescent tubes States Department of Labor, Department and compact fluorescent bulbs;HID bulbs; of Labor Statistics. thermostats, thermometers and switches. 2.20 Customer: Shall mean City and any per- 2.25 Franchise: Shall mean an initial authori- son,establishment or entity who receives, zation or renewal thereof, voluntarily en- is required to receive, or requests collec- tered into by the Contractor and issued by tion and disposal services within the ser- the City, whether such authorization is vice area. referred to as a franchise permit, license, 2.21 Designated Facility: Shall mean a dis- ordinance, resolution, agreement, or con- posal processing, recovery, recycling or tract,which authorizes collection and dis- transfer facility designated by the Autho- posal services within the service area.All rized Representative. franchises shall be presumed to be non- "... Supp. No. 24 CDA:31 Art.VI,2.0 CAPE CANAVERAL CODE exclusive unless otherwise specifically au- Contractor as required by this Contract thorized by City in writing. Any such as a guarantee that the Contractor will authorization, in whatever form granted, perform the collection and disposal ser- shall not mean or include any franchise or vices in accordance with the terms of the permit required for the privilege of trans- Contract. acting and carrying on a business within the service area as required by other Code 2.32 Recyclable Materials: Shall mean news provisions and ordinances of the City. papers(including inserts), aluminum and tin cans, plastic containers (HDPE and 2.26 Garbage:Shall mean all putrescible waste, PET),brown,clear and green glass bottles which generally includes, but is not lim- and jars, and other solid waste materials ited to, kitchen and table food waste, added upon written agreement between animal, vegetative, food or any organic the City and the Contractor, when such waste that is attendant with or results materials have been either diverted from from the storage, preparation, cooking or the remaining solid waste stream or re- handling of food materials whether attrib- moved prior to their entry into the remain- uted to residential or commercial activi- ing solid waste stream. ties. Garbage shall not include special waste. 2.33 Recycling: Shall mean any process by which recyclable materials are collected, 2.27 Hazardous Waste: Shall mean waste de- separated, and processed for purposes of fined as hazardous waste pursuant to extracting or reusing the raw materials local, state, and federal law. contained in the recyclable materials. 2.28 Household Trash: Shall mean the accu- 2.34 Recycling Container: Shall mean a mini- mulation of paper, excelsior, rags,wooden or paper boxes and containers,sweepings, mum fourteen (14)gallon recycling bin or broken toys, tools, utensils, whole auto- and one or more ninety-six (96) gallon larger cart used by residential customers mobile tires (not to exceed an amount permitted by the designated facility), con- recycling carts for commercial and multi struction and demolition debris from "do- ple dwelling unit customers,or other types it-yourself' projects not to exceed two cu- of recycling bins approved by the Autho- bic yards per customer per collection, and rized Representative, to store recyclable all other accumulations of a similar na materials for collection and disposal ser- ture other than garbage and vegetative vice. waste, which are usual to housekeeping, 2.35 Refuse: Shall mean commercial trash, "do-it-yourself' home improvements, and household trash and garbage, or a combi- home occupations(as defined by City Code). nation or mixture thereof. 2.29 Mechanical Container: Shall mean and 2.36 Refuse Container: Shall mean a heavy include plastic or metal containers 2 cubic plastic receptacle,with a rated capacity of yards and greater, dumped mechanically not more than ninety-six (96) gallons, by a collection vehicle and able to be having hinged tight-fitting lid and wheels, serviced by Contractor. which is designed or intended to be used 2.30 Multiple Dwelling Units: Shall mean any for automated or semi-automated collec- building containing three (3)or more per- tion.Carts will be provided by and distrib- manent living units, not including motels uted by the Contractor. Contractor shall and hotels. retain ownership of the carts. 2.31 Performance and Payment Bond or Letter 2.37 Residential: Shall mean single family de- of Credit: Shall mean the form of security tached homes, duplexes, multiple dwell- approved by the City and furnished by the ing units, and mobile home/RV parks. Supp. No. 24 CDA:32 APPENDIX A—FRANCHISES Art.VI, 3.0 2.38 Residential Service: Shall mean collection otherwise,of twenty percent(20%)or more and disposal services provided to persons at one time of the ownership or control- occupying residential dwelling units, mo- ling interest of Contractor, or thirty-five bile homes, RV parks and multiple dwell- percent(35%) cumulatively over the term ing units not receiving commercial service of the Agreement of such interests to a under this Agreement.Residential service corporation, partnership,limited partner- is further defined as services identified ship, trust or association, or person or within Exhibit"A"with a Service Code of: group of persons acting in concert or a SFR1, MHR2, and RCCM. change in control. Transfer shall not in- clude any transfer or assignment to a 2.39 Roll off Container: Shall mean a dump person controlling, controlled by,or under ster, which is used for the collection and the same common control as the Contrac- disposal of construction and demolition tor at the effective date of this Agreement. debris or solid waste. The roll-off con- tainer may be of the open or enclosed 2.45 Vegetative Waste: Shall mean any vegeta- variety and is typically hoisted onto a tive matter resulting from routine and specially equipped truck for transporting normal yard and landscaping mainte- the construction/demolition debris or solid nance generated on site and shall include waste to a designated facility. materials such as tree and shrub materi- 2.40 Service Area: Shall mean the area within als, grass clippings, palm fronds, Christ mas trees, tree branches and similar veg- the municipal boundaries of the City of etative matter usually produced in the Cape Canaveral, Florida, as may be mod care of lawns, landscaping and yards. ified from time to time pursuant to Chap Hired Contractors and Landscapers must ter 171, Florida Statutes. haul away any vegetation debris they 2.41 Sludge: Shall mean the accumulated sol- produce. ids, mixed liquids, residues, and precipi- tates generated from wastewater treat- 3.0 Grant of Franchise. ment,water supply treatment,air pollution control facilities,septic tanks,grease traps, There is hereby granted to Contractor an ex- privies, or similar waste disposal appur- elusive right, privilege or franchise to collect and tenances. transport for disposal of solid waste and construc- tion and demolition debris within the service 2.42 Solid Waste: Shall mean bulk trash, re- area, during the term of this Agreement and fuse,vegetative waste,and recyclable ma- subject to the limitations and conditions as set terials or any combination thereof. forth in this Agreement. All rights granted to 2.43 Special Waste: Shall mean solid wastes Contractor hereunder shall be subject to the con- that require special handling and man- tinuing right of the City to regulate the City's agement by Contractor,and which are not rights-of-way and to protect the public health, accepted at the designated facility, other safety, and welfare and shall, at the sole discre disposal facility, or which are accepted at tion of the City, be in the public's interest. The the designated facility, or other disposal grant of this Franchise shall not affect the City's facility,at higher rates than is charged for right to provide collection and disposal services refuse, including, but not limited to, as- not expressly and unambiguously provided here- bestos, whole tires which do not consti under to Contractor on an exclusive basis or tute household trash, used oil, lead acid during an emergency. In the event of any conflict batteries, and biohazardous wastes. or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to 2.44 Transfer: Shall mean the disposal, di- Contractor, the conflict or ambiguity shall be rectly or indirectly, by gift, assignment, construed as granting Contractor a non-exclusive voluntary sale, merger, consolidation or Franchise with respect to the collection and dis- Supp. No. 24 CDA:33 Art.VI,3.0 CAPE CANAVERAL CODE posal service at issue. Nothing under this Agree- D. Spillage. Contractor shall not cause ment shall be construed as providing any Fran- any spillage of solid waste to occur chise for collection and disposal services not upon private or public property or expressly provided for hereunder. the rights-of-way wherein the collec- tion and disposal service occurs. Col- 4.0 Scope of Work. lection and disposal service shall be performed by Contractor to avoid It is the intent of this Franchise to provide for leaking,spilling,and blowing of solid the exclusive collection and disposal service of waste. In the event of any spillage solid waste within the service area, with the caused by Contractor,Contractor shall exception of the exclusions specifically set forth in promptly clean up all spillage at its this Agreement. Contractor shall perform the expense. Contractor shall maintain collection and disposal services under the follow- sufficient equipment on each collec- ing terms and conditions, all of which shall be a tion vehicle(e.g. fork,broom, shovel) material part of this Agreement: to pick up spillage. In addition, Con- 4.1 General Requirements. Contractor shall tractor shall promptly clean up all fully comply with the following: fluid spillage from collection equip- ment to the maximum extent feasi- A. Laws and Regulations. Contractor ble and promptly notify the Autho- shall be familiar and comply with all rized Representative of all such fluid collection regulations and shall be spillage. solely responsible for determining, absorbing, and adjusting to the fi E. Designated Facility. All solid waste nancial and practical impact such shall be hauled to a designated facil- regulations have on its operation. ity as directed in writing by the Authorized Representative and dis- B. Labor, Insurance, Equipment, etc. posed of at those facilities. At pres- """' Contractor shall provide, at its sole ent,such designated facility includes cost and expense, all labor, insur- the Brevard County disposal facility. ance, supervision, machinery, equip F. Holidays. Contractor has the option ment, plant and office buildings, to provide collection and disposal trucks, tools, equipment, and acces- service on holidays observed by the sories necessary to perform the col City. The City shall provide a list of lection and disposal services in ac such holidays to the Contractor an- cordance with the level of service nually. Any disposal and collection required by this Agreement. service that would have been regu- C. Protection of Public/Private Prop- larly provided, but for the holiday, erty and Utilities. Contractor shall shall be provided the next regularly conduct his work in such a manner scheduled pick-up day after the hol- as to avoid damage to private or iday, unless otherwise directed by public property and shall repair or the Authorized Representative in pay for any damage caused by its writing. Contractor shall maintain operations, except reasonable wear the frequency of collection required and tear to roadways. Contractor by paragraphs 4.2(A), 4.3(A), and shall have knowledge of all existing 4.4(A) during holiday weeks. Con- utilities and operate with due care in tractor shall coordinate with Autho- the vicinity of such utilities and shall rized Representative to inform the repair or have repaired, at no addi- customers of any variance in the tional cost to the customer or utility collection schedules resulting from a owner, any breakage or damage holiday at least five (5) days prior to caused by its operations. each holiday. Supp. No. 24 CDA:34 APPENDIX A—FRANCHISES Art.VI,4.0 G. Contractor's Office. Contractor shall or as otherwise provided elsewhere provide, at its sole cost and expense, in this Agreement, Contractor shall a suitable office located within rea- not perform collection and disposal sonable proximity to the service area. services prior to 7:00 a.m. or after Within said office, Contractor shall 7:00 p.m., E.S.T., Monday through maintain, during Contractor's nor- Saturday. No collection and disposal mal working hours, a staff and a services shall normally occur on Sun- local telephone number where corn- days and holidays designated in para- plaints and requests for collection graph 4.1(F) unless authorized in and disposal service shall be re- writing by the Authorized Represen- ceived, recorded in a log, and han- tative. dled during Contractor's normal J. Tagging Solid Waste Improperly Con- working hours. The office shall also tainerized. In the event solid waste provide for a means to promptly han- is not containerized,bundled,or piled dle emergency complaints and re- pursuant to this Agreement and Con- quests for service. tractor does not perform collection and disposal services regarding such H. Litter and Dangerous Animals. Con solid waste, Contractor shall tag the tractor shall not be responsible for scattered solid waste which can be container, bundle, pile, or subject property with a written notice con- categorized as litter unless the same taining a brief explanation why the has been caused by Contractors acts container, bundle, or pile was not or omissions, in which case, all such collected and disposed of and scattered solid waste shall be picked up immediately by Contractor. Con- promptly notify the Authorized Rep- tractor is also required to pick-up resentative. The solid waste shall be collected and disposed of at the next and dispose of any dead animals regularly scheduled collection day, "road kill" found on the streets or provided the solid waste is properly sidewalks of the service area. Con containerized, bundled, or piled. tractor shall maintain sufficient equipment on each collection vehicle K. Customer Report; City Billing Data- (e.g. fork, broom, shovel) to pick up base. Contractor and City agree that such scattered solid waste. Contrac the monthly customer report re for shall not be required to expose quired to be maintained and filed by themselves to the danger of being Contractor pursuant to paragraph bitten by vicious dogs and animals, 19.3(A) is vital to keeping an accu roaming at large, in order to accom rate account of all customers receiv- plish collection and disposal ser- ing collection and disposal services vices.However,in the event Contrac under this Agreement and for ensur- tor is unable to provide collection ing accurate billing of customers by and disposal services to a customer City. To this end, Contractor and under such conditions, Contractor City agree that each party must dil shall promptly notify the Authorized igently maintain an accurate, up to Representative and customer in writ- date list of customers and the collec- ing,of such conditions and its inabil- ity to provide such collection and by those customers. The Contractor disposal services. shall promptly notify the City of any new and existing Customers request- I. Hours and Days. Except for unusual ing collection and disposal services circumstances approved by the Au- and any current Customers termi- thorized Representative in writing nating such services. Supp. No. 24 CDA:35 Art.VI,4.0 CAPE CANAVERAL CODE L. Site Plant Development Review. City Contractor shall be required to shall notify Contractor of pending provide collection and disposal site plan and development review services for all household trash applications in order to give Contrac- and garbage generated from res- tor an opportunity to comment dur- idential customers which has ing the review process on the place- been properly prepared and ment of refuse or mechanical stored in a refuse container pro- containers and the point of collection vided under the Automated Cart of solid waste. Program. Customers will be re- 4.2 Residential Service. Contractor shall pro sponsible for associated fees set vide residential collection and disposal forth in Exhibit "A". service as follows: 2. Recyclable Materials. Contrac- A. Frequency of Collection. Contractor tor shall be required to provide shall provide collection and disposal collection and disposal services services for household trash and gar- for all recyclable materials gen- bage at least two(2)times per week, erated from residential custom with collections at least three (3) ers which have been properly days apart, and for bulk trash, veg- prepared and stored in a recy- etative waste, and recyclable mate- cling container. Customers will rials not less than once per week. be responsible for associated fees set forth in Exhibit "A". B. Point of Collection. Collection of household trash,garbage,bulk trash, 3. Vegetative Waste. Contractor vegetative waste,and recyclable ma- shall be required to provide col- terials shall be within five (5) feet of lection and disposal services for curbside. In the event an appropri- all vegetative waste generated ate location cannot be agreed upon from residential customers pro- by the customer and Contractor, the vided same are placed in a re- Authorized Representatives shall des- fuse container (cart) provided ignate the location. The Contractor under the Automated Cart Pro- and Authorized Representative shall gram. Vegetative waste shall mutually agree upon a point of col- be segregated from the garbage lection locations for non-conforming and household trash which shall service areas.For customers who are be placed in a separate cart.All certified by a doctor as disabled and leaves and pine needles, orna- are unable to place household trash, mental shrubs, clippings and garbage, or recyclable materials at tree trimmings with branches the curb, collection shall be from the less than 3 inches in diameter disabled customer's garage door or making up not more than one some other location acceptable to the cubic yard shall be placed in customer.The refuse container and/or the cart.Tree limbs,tree trunks, recycling container shall be returned palm fronds, etc., shall be cut by Contractor to the garage door or in lengths of no greater than other location reasonably convenient four (4) feet in length; shall be to customer. no larger than 6 inches in di- ameter and shall not exceed C. Containers and Preparation. fifty(50)pounds per limb,trunk, 1. Household Trash and Garbage. frond, or bundle thereof.A spe- Garbage and household trash cial pick-up will be required shall be placed only in carts. when a"Cherry Picker, Claw or Supp. No. 24 CDA:36 APPENDIX A—FRANCHISES Art.VI,4.0 Clam" type collection vehicle is upon by the customer and Contrac- required to collect excess piles tor, and approved by the Authorized of vegetative waste in excess of Representative. If mutual agree- the maximum length and ment cannot be reached between cus- poundage set forth in this para- tomer and Contractor, the Autho- graph. Unbundled piles of yard rized Representative shall designate waste will be subject to a min- the location. However, in the event imum '/a Claw Truck fee per the location was approved as part of pickup for less than 10 yards or a site plan or development review full Claw Truck fee per pickup process,the location shall be as shown for more than 10 yards. Hired on the final approved site or devel- Contractors and Landscapers opment plan. To the maximum ex- must haul away any vegetation tent feasible,the designated location debris they produce. Custom- shall be located in a place that pro- ers will be responsible for asso- vides for safe, convenient, and expe- ciated fees set forth in Exhibit dient access by Contractor. C. Containers and Preparation. 4. Bulk Trash. Contractor shall be required to provide collection 1. Commercial Trash and Gar- and disposal services for all bulk bage. Contractor shall be re- trash generated from residen- quired to provide collection and tial customers regardless of disposal services for all commer- whether it is containerized. cial trash and garbage gener- ated by commercial customers 5. E-Waste. Contractor will collect which has been properly pre- 'YEW` and dispose of electronic waste pared and stored in a refuse placed curbside at no addi- container,mechanical container, tional cost. roll-off container, or compactor 4.3 Commercial Service. Contractor shall pro under the following conditions: vide commercial collection and disposal a. Customers shall be permit- service as follows: ted to use refuse contain- A. Frequency of Collection. Contractor ers (carts) provided the shall provide collection and disposal amount of commercial services for commercial trash and trash and garbage per col garbage at least two (2) times per lection can be stored in a week for unsealed containers, and maximum of four (4) 96 more frequently as mutually agreed gallon carts; otherwise, to by Contractor and the commercial customers shall be re customer. For vegetative waste and quired to use one or more recyclable materials (if vegetative of the following: mechani waste and/or recyclable material ser- cal containers, compactor vice is requested by customer) not service, roll off contain less than once per week for an addi- ers. Contractor shall pro tional charge(Exhibit"A"rate sched vide such customers with ule). one(1)96-gallon cart.Cus- tomers may purchase ad- B. Point of Collection. Collection of com- ditional carts for a fee and mercial trash, garbage, vegetative shall pay the monthly ser- waste, and recyclable material shall vice rate as set forth in be at a location mutually agreed Exhibit "A". Supp. No. 24 CDA:37 Art.VI,4.0 CAPE CANAVERAL CODE b. Contractor shall be re- to City customers. The quired to provide an ade- schedule will be subject to quate number of mechan- review and approval by the ical containers, Authorized Representa- compactors,or roll-off con- tive. At a minimum, the tainers to customers who schedule will provide for request or exceed the max- replacement and yearly imum number of refuse maintenance. Contractor containers. Mechanical shall keep a log of yearly containers and roll-off con- maintenance and provide tainers shall be provided same to Authorized Repre- at Contractor's sole ex- sentative upon request. pense and shall remain the 2. Recyclable Materials. Contrac- property of Contractor,un- less the mechanical con- tor shall provide collection and tainer or roll off container disposal services for recyclable is owned by the customer. materials generated from corn- Compactors shall be pro- mercial customers who specifi- vided as mutually agreed tally request such service or as to by Contractor and cus required by the City. If re- tomer. Customer shall be quested, recyclable materials responsible for associated shall be properly prepared and fees as set forth in Exhibit stored in a recycling container. Customers will be responsible for associated fees set forth in c. Contractor shall deodor- Exhibit "A". ize commercial front load and roll off containers on 3. Vegetative Waste. Contractor an as need basis.The City shall be required to provide col- reserves the right to re- lection and disposal services for quest specific containers all vegetative waste generated be deodorized. Further, from commercial customers who commercial front load con- specifically request such ser- tainers which would nor- vice and pay associated fees set many contain food waste forth in Exhibit"A". Vegetative or other waste subject to waste shall be placed in a re decay shall be disinfected fuse container (cart) provided each time emptied. under the Automated Cart Pro- gram. Vegetative waste shall d. Restaurant containers will be segregated from the garbage be inspected monthly by and household trash which shall Contractor.Containers will be placed in a separate cart.All be painted on a yearly ba- leaves and pine needles, orna- sis or more often, if neces- mental shrubs, clippings and sary. tree trimmings with branches e. Contractor will create and less than 3 inches in diameter implement a replacement making up not more than one and maintenance sched- cubic yard shall be placed in ule for all mechanical con- the cart.Tree limbs,tree trunks, tainers, compactors and palm fronds, etc., shall be cut roll-off containers provided in lengths of no greater than Supp. No. 24 CDA:38 APPENDIX A—FRANCHISES Art. VI,4.0 four (4) feet in length, shall be location shall be located in a place no larger than 6 inches in di- that provides for safe, convenient, ameter and shall not exceed and expedient access by Contractor. fifty(50)pounds per limb,trunk, C. Containers and Preparation. frond, or bundle thereof.A spe- cial pick up will be required 1. Household Trash and Garbage. when a"Cherry Picker, Claw or Contractor shall be required to Clam" type collection vehicle is provide collection and disposal required to collect excess piles services for all household trash of vegetative waste in excess of and garbage generated by mul- the maximum length and tiple dwelling units which has poundage set forth in this para- been prepared and stored in a graph. Unbundled piles of veg- refuse container, mechanical etative waste will be subject to container, or compactor under a minimum '/a Claw Truck fee the following conditions: per pick up for less than 10 a. The multiple dwelling unit yards or full Claw Truck fee per customer shall be permit- pick up for more than 10 yards. ted to use refuse Contain- Hired Contractors and Land- ers provided the amount scapers must haul away any of household trash and gar- vegetative debris they produce. bage per collection can be stored in a maximum of 4.4 Multiple Dwelling Units. Contractor shall four (4) 96 gallon refuse provide collection and disposal service as containers;otherwise,cus- follows: tomers shall be required ... A. Frequency of Collection. Contractor to use mechanical contain- shall provide collection and disposal ers or compactor service. services for household trash and gar- b. Contractor shall be re- bage at least two (2)times per week, quired to provide an ade- with collections at least three (3) quate number of mechan- days apart, and for bulk trash, veg- ical containers or etative waste and recyclable materi- compactors to customers als not less than once per week. who request or exceed the B. Point of Collection. Collection of maximum number of re- household trash,garbage,bulk trash, fuse containers. Mechani- vegetative waste,and recyclable ma- cal containers shall be pro- terials shall be at a location mutu- vided at Contractor's sole ally agreed upon by the customer expense and shall remain and Contractor, and approved by the the property of Contrac- Authorized Representative. If mu- tor, unless the mechanical tual agreement cannot be reached container is owned by the between customer and Contractor, customer. Compactors the Authorized Representative shall shall be provided as mu- designate the location. However, in tually agreed to by Con- the event the location was approved tractor and customer.Cus- as part of a site plan or development tomer will be responsible review process, the location shall be for associated fees set forth as shown on the final approved site in Exhibit "A". or development plan. To the maxi- c. Contractor shall deodor- mum extent feasible, the designated ize commercial front load Supp. No. 24 CDA:39 Art.VI,4.0 CAPE CANAVERAL CODE and roll off containers on palm fronds, etc., shall be cut an as-need basis.The City in lengths of no greater than reserves the right to re- four (4) feet in length, shall be quest specific containers no larger than 6 inches in di- be deodorized. Further, ameter and shall not exceed commercial front load con- fifty(50)pounds per limb,trunk, tainers which would nor- frond, or bundle thereof.A spe- mally contain food waste cial pick-up will be required or other waste subject to when a"Cherry Picker,Claw or decay shall be disinfected Clam" type collection vehicle is each time emptied. Cus- required to collect excess piles tomer will be responsible of vegetative waste in excess of for associated fees set forth the maximum length and in Exhibit "A". poundage set forth in this para- graph, or if multifamily dwell- 2. Recyclable Materials. Contrac- ing unit is receiving commer- tor shall be required to provide cial service. Unbundled piles of collection and disposal services vegetative waste will be subject for all recyclable materials gen- to a minimum '/a Claw Truck erated from multiple dwelling fee per pickup for less than 10 unit customers which have been yards or full Claw Truck fee per properly prepared and stored pickup for more than 10 yards. in a recycling container. Cus- Hired Contractors and Land- tomer will be responsible for scapers must haul away any associated fees set forth in Ex- vegetative debris they produce. hibit "A". 4. Bulk Trash. Contractor shall be 3. Vegetative Waste. Contractor required to provide collection shall be required to provide col- and disposal services for bulk lection and disposal services for trash generated from multiple all vegetative waste generated dwelling unit customers regard- from multiple dwelling unit cus- less of whether it is container- tomers who specifically request ized. such service and pay associated 5. E-Waste. Contractor will collect fees set forth in Exhibit "A". and dispose of electronic waste Multifamily dwelling units re- at no additional cost. ceiving residential service shall place vegetative waste in a re- 4.5 City Controlled Property. As per Exhibit fuse container (cart) provided "B" and as requested, excluding sludge under the Automated Cart Pro- removal, by the Authorized Representa- gram. Vegetative waste shall tive, Contractor shall provide collection be segregated from the garbage and disposal services for all refuse, bulk and household trash which shall trash, vegetative waste, and recyclable be placed in a separate cart.All materials generated by City at properties leaves and pine needles, orna- owned, leased, or otherwise controlled by mental shrubs, clippings and City. In addition, Contractor shall provide tree trimmings with branches such collection and disposal services for less than 3 inches in diameter any and all City sponsored special events making up not more than one as agreed to by City and Contractor, and cubic yard shall be placed in for all City public receptacles located along the cart.Tree limbs,tree trunks, or in public rights-of-way, sidewalks, Supp. No. 24 CDA:40 APPENDIX A—FRANCHISES Art.VI,4.0 beaches, and public recreational facilities. tainer. Vegetative waste shall Such collection and disposal services shall be segregated from the garbage be at no charge or expense to City. and household trash which shall A. Frequency of Collection. Unless oth be placed in a separate con erwise directed by the Authorized tainer. Notwithstanding Con tractor and City may mutually Representative in writing, Contras agree to some other method of tor shall provide collection and dis preparation and storage for City posal services for refuse at least two (2) times per week, with collections projects which generate signif at least three (3)days apart, and for icant amounts of vegetative bulk trash, vegetative waste, and waste. recyclable materials not less than 4. Bulk Trash. Contractor shall once per week. provide collection and disposal B. Point of Collection. Collection of re- services for all bulk trash gen- erated by City regardless of fuse, bulk trash, vegetative waste, whether it is containerized. and recyclable materials shall be at locations designated by the Autho- 5. E-Waste. Contractor will collect rized Representative, with consider- and dispose of electronic waste ation given for the safe, convenient, at no cost. and expedient access by Contractor. 4.6 Biohazardous, Biological, Hazardous, C. Containers and Preparation. Sludge, and Special Waste. Contractor 1. Refuse. Contractor shall pro- shall not be responsible for collection and vide collection and disposal ser disposal services for biohazardous waste, vices for refuse generated by biological waste,hazardous waste,sludge, City which has been properly and special waste under this Agreement. prepared and stored in a refuse However, to the extent qualified and li- container or mechanical con- tensed,Contractor may contract with per- tainer as determined by the Au- sons and entities within the service area, thorized Representative. Con along with other qualified and licensed tractor shall provide the contractors, to provide for such collection mechanical container at Con- and disposal services. Contractor shall tractor's expense. directly bill such persons and entities for such services at a rate mutually agreed on 2. Recyclable Materials. Contrac- between Contractor and such persons and tor shall provide collection and entities. disposal services for all recycla- ble materials generated by City 4.7 Construction and Demolition Debris Ser- which have been properly pre- vice. Contractor shall provide collection pared and stored in a recycling and disposal service of construction and container or other container mu- demolition debris to residential, multiple tually agreed to by the Autho- dwelling units, and commercial custom- rized Representative and Con- ers as follows: tractor. A. Exclusive Right. Contractor shall have 3. Vegetative Waste. Contractor the exclusive right to provide collec- shall provide collection and dis- tion and disposal services for con- posal services for all vegetative struction and demolition debris uti- waste generated by City pro- lizing roll-off containers,as that term vided the vegetative waste is is defined in paragraph 2.39 of this containerized in a refuse con- Agreement,or other appropriate con- Supp. No. 24 CDA:41 Art.VI,4.0 CAPE CANAVERAL CODE tainers. Contractor shall directly bill for garbage and vegetative waste collec- such services at a rate listed in Ex- tion ("Automated Cart Program"). Con- hibit "A". tractor shall implement the Automated 1. Exclusion. Contractors hauling Cart Program pursuant to operational their own construction and de- terms and conditions negotiated with the molition debris are excluded City, provided that same shall not result from this provision, provided in an increase in total cost to the City. The they use a dump truck or trailer Contractor shall be responsible for the owned by the Contractor. purchase,distribution, and repair of carts that have been damaged and shall distrib- B. Frequency of Collection. Contractor ute one (1) or two (2) 96-gallon carts to shall provide collection and disposal each residential unit depending upon the services for construction and demo- customer's waste generation requirement. lition debris utilizing roll-off contain- Those customers with minimal waste vol- ers or other appropriate containers umes may select one (1) 64-gallon cart. to customers that specifically re- Contractor shall maintain, at all times, a quest such service or as required by sufficient number of carts to ensure that City.Said collection and disposal ser- all extra or replacement carts can be vices shall be provided as frequently provided within five work days upon no- as mutually agreed to by Contractor tification by the City or the customer. and the customer or as required by Contractor shall distribute fully assem- the Authorized Representative or City bled carts to new residential units that Code to protect the public health, are added during the term of this con- safety, and welfare. tract. Carts that have been lost or dam- C. Point of Collection. Collection of con- aged due to customers' abuse or negli- struction and demolition debris shall gence shall be repaired or replaced, at the be at a location mutually agreed expense of the customer; if replaced, uti- upon by the customer and Contrac- lizing the then current cost of the cart. tor;collection shall be located within Customer may purchase a third cart for a the boundary of the property served, charge as set forth in Exhibit "A". Those unless otherwise approved by the seeking changes in cart size will be charged Authorized Representative. $25.00 delivery charge for each such D. Containers and Preparation. Contrac- change. for shall provide one or more roll-off 4.10 Tire Collection. Contractor shall provide containers or other appropriate con- weekly tire collection and disposal ser- tainers of a size and number mutu- vices to residential customers at no addi- ally agreed to by Contractor and tional charge, provided no more than four customer. (4) tires per household, per year. 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor 5.0 Rates and Charges Compensation to Con- shall assist the City in its code enforce- tractor. ment efforts by providing collection and 5.1 Rates; Compensation to Contractor. For disposal service of solid waste and con- collection and disposal Services provided struction and demolition debris located on under this Agreement,City shall pay Con- real property in violation of the City Code. tractor fees/rates collected in accordance 4.9 Automated Cart Program. Contractor has with the schedule attached hereto and the capability of providing certain auto fully incorporated herein as Exhibit "A". mated equipment which may be utilized A. Code Enforcement. Upon request of in conjunction with a toter cart program the Authorized Representative, Con- Supp. No. 24 CDA:42 APPENDIX A—FRANCHISES Art.VI, 5.0 tractor shall provide solid waste,con- agreed to by the City and Contractor struction and demolition debris col- in writing, the City shall provide lection and disposal service to City Customer billing for collection and for code enforcement related matters disposal services provided under this at no charge to the City. Agreement. Contractor shall, how- B. Compactor Service. Rates are set forth ever, provide Customer billing when in Exhibit "A" for compactor service special rates and services apply and provided pursuant to this Agree- for roll-off services. ment. B. The Contractor shall certify to the C. Residential, Mobile Home, Multiple City on the third Friday of each Dwelling, Commercial and Special month the number and size of all Vegetative Waste Services. Vegetative Customers and containers. The City waste collection and disposal service shall reconcile Contractor's informa- shall be charged an amount as set tion with the City's records.The City forth in Exhibit "A". Customers who and Contractor shall make appropri- are required to have special vegeta- ate adjustments to their respective tive waste services, which by virtue billing and service data records to of its size or weight exceeds routine reflect those customers and services and normal yard and landscaping that should be billed based on the maintenance generated on site,shall City's reconciliation. be charged an amount as set forth in C. City sha" submit to the Contractor a Exhibit "A" in addition to monthly monthly statement for collection and service fees. Hired Contractors and disposal services rendered under this Landscapers must haul away any Agreement for the preceding month. vegetative debris they produce. The statement shall be in a format 5.2 Billing Customers by City. Customer bill- reasonably requested by the Contrac- ing shall be established and enforced by tor. The Contractor shall verify the City Code. The City shall provide the customer services and amounts on customer billing for all collection and dis- the statement and shall make appro- posal services provided by Contractor un- priate adjustments to City's state- der this Agreement, unless otherwise spe- ment invoice to reflect any errors cifically stated herein. City shall perform contained therein. City shall not be said billing by means and at times deemed responsible or liable if Contractor appropriate by City. Contractor shall fully fails to properly verify the data on cooperate with City in customer billing. the statement. Contractor and City acknowledge that the City currently contracts with the City of D. By the 25th of the following month of Cocoa to bill Contractor's services Billing receipt of City's monthly statement, fees are passed along to the customer and City shall pay Contractor the amount remitted directly to the City of Cocoa. The collected for the preceding month, Contractor will not be charged a billing including the fees for wheel and lock fee. bar services for dumpsters. The City shall provide a listing each month of 5.3 Billing and Payment Procedure. Unless all accounts with outstanding fees otherwise provided by the Authorized Rep- and the Contractor shall have the resentative, customer billing and pay- option to discontinue service for non- ment to Contractor shall be in accordance payment for any account sixty-five with the following procedure: (65) days overdue. The Contractor A. Unless otherwise specifically pro- shall have the option to discontinue vided in this Agreement or mutually wheel and lock bar services for any w.. Supp. No. 24 CDA:43 Art.VI, 5.0 CAPE CANAVERAL CODE account thirty-five (35)or more days method of establishing the CPI, the overdue. Contractor shall be entitled City and the Contractor shall make to charge a $75.00 fee to reestablish an appropriate statistical adjust- wheel and lock bar services if ser- ment or conversion. If the CPI is vices were discontinued due to late discontinued, the City and the Con- payment. City shall assist Contrac- tractor shall mutually select another tor by all legal means in collection index published by the United States effort for outstanding fees. Government or by a reputable pub- 5.4 Franchise Fee. A Franchise Fee of lisher of financial and economic in $100,000.00 per year shall be considered dices. payment to the City in exchange for the b. Additionally,the Contractor may pe- exclusive rights and privileges granted by tition the City to adjust the rates in this Franchise. The Franchise Fee shall Exhibit "A" based upon unusual and not be passed along to the customer. The unanticipated increases in the cost Fee shall cover all services provided and of doing business including, but not revenues received under this contract re- limited to, a change in any collection gardless of whether billed by the City or regulation or fees.Any such request the Contractor. The Fee shall become ef- shall be supported by full documen- fective January 1, 2015. The Fee shall tation establishing the increase in increase annually by the CPI increase operating costs and the reasons there- noted in 5.5a. for. The City shall be entitled to audit the Contractor's financial and 5.5 Contractor's Petition for a Rate Adjust- operational records directly related ment. to the Contractor's request in order a. The rates in paragraph 5.1 shall be to verify the increase in costs and annually adjusted by the CPI, as the reasons therefor by a Third Party, defined in section 2.19, pursuant to at the cost of Contractor. The Con- the following mathematical formula: tractor's request must be made within New Rate=[CPI 2-CPI 11+1 x Current Rate a reasonable time, and shall contain CPI 1 reasonable proof and justification to "CPI 1" is the published CPI for the support the need for the rate adjust- month of August of the preceding ment. The City may request from the Contractor, and the Contractor year. shall provide, such further informa- "CPI 2" is the published CPI for the tion within its possession as may be month of August of the year in which reasonably necessary in making its the rate is being adjusted. determination. The City shall ap- The August CPI is not available un- prove or deny the request (without til late September, all changes to the penalty), in whole or in part, at its rates in Exhibit "A" will be all bills sole and absolute discretion, within dated after January 1st of the follow- sixty (60) days of receipt of the re- ing year. quest and all other additional infor- Adjustments to the rates made in mation required by the City. If such accordance with this subsection are Adjustment is granted,the City shall intended to reflect changes in the have ninety (90) days after approval purchasing power of a given amount to start billing. of money expressed in dollars. If CPI 1 and CPI 2 are not expressed in 6.0 Schedules and Routes. relation to the same base period or if Contractor shall provide written notice to the a material change is made in the City of its collection and disposal routes and Supp. No. 24 CDA:44 APPENDIX A—FRANCHISES Art.VI, 8.0 schedules. The City reserves the unconditional spray all mechanical containers with dis- right to deny Contractor's vehicles access to any infectant every thirty (30) days. Collec- street, alley, bridge, beach, or public way within tion equipment shall be painted uni- the service area while performing collection and formly with the Contractor's name, disposal services under this Agreement, where telephone number and collection vehicle the City determines that it is in the best interests number in letters not less than three (3) of the public health, safety, and welfare to do so, inches high on each side of the collection because of the conditions of the streets, alleys, vehicle.Contractor shall keep an accurate bridges, beaches, or public ways. However, Con- record of the vehicle to which each num- tractor shall not interrupt the regular schedule ber is assigned. Advertising on collection and level of service because of such closures of vehicles is prohibited,except for advertise- less than eight (8) hours in duration. The City ments promoting City sponsored special shall notify Contractor of any such closures of events. Collection vehicles will be person- longer duration, and arrangements shall be made alized for the City of Cape Canaveral. in a manner acceptable to Contractor and the Authorized Representative for the collection and 7.3 Overloading. collection vehicles shall not disposal services interrupted by the closure. Cus- be overloaded by Contractor so as to cause tomers shall be notified in writing by Contractor litter or spillage;however,if litter or spill- of the schedules provided by Contractor and any age occurs because of overloading it shall amendments thereto,provided customers shall be be picked up immediately as required by given at least seven (7) days prior written notice paragraphs 4.1(D) and (H). of any such amendments. Any and all route and schedule changes must receive prior approval by 7.4 Back-up Equipment. Contractor shall main- the Authorized Representative and schedule tain sufficient back-up collection equip- changes shall be announced per City established ment, which shall satisfy the condition media. requirements of paragraph 7.2. of this Agreement, to temporarily replace collec- 7.0 Collection Equipment and Vehicles. tion equipment that is in a state of disre- Contractor shall provide collection equipment pair or is inoperable at any time during for the collection and disposal services as follows: Contractor's performance of the collection and disposal services pursuant to this 7.1 Type and Amount. Contractor shall have Agreement. The back-up collection equip- on hand, at all times under this Agree- ment shall be put into service within a ment,collection equipment that is in good reasonable time without interruption of working order and sanitary condition that collection and disposal services. Such will permit Contractor to perform the back-up collection equipment shall corre- collection and disposal services in a suffi- spond in size and capacity to the collec- cient and efficient manner so that the tion equipment ordinarily used by Con- schedules and routes can be maintained. tractor in the performance of collection Collection equipment shall be obtained and disposal services under this Agree- from a nationally known and recognized ment. manufacturer of collection equipment.Col- lection vehicles shall be of the enclosed packer type or other type vehicle which 8.0 Contractor's Personnel. meets industry standards and is approved by the Authorized Representative. Contractor shall fully comply with the follow- ing terms and conditions regarding Contractor's 7.2 Condition. All collection equipment shall personnel: be maintained in a reasonable and safe working condition, in good repair, appear- 8.1 Contractor's Representative. Contractor ance,sanitary and clean. Contractor shall shall appoint a representative to admin- Supp. No. 24 CDA:45 Art.VI,8.0 CAPE CANAVERAL CODE ister and manage this Agreement on Con- forming collection and disposal services tractor's behalf as required by paragraph shall wear a uniform or shirt bearing the 26.0 of this Agreement. Contractor's name. Lettering stitched on 8.2 Other Personnel. Contractor shall provide or identifying patches permanently at a sufficient number of qualified persons to tached to the uniform or shirt is accept provide the collection and disposal ser- able. vices. All persons who are given supervi 8.5 Labor and Employment Laws. Contractor sory authority by Contractor shall be made available to the Authorized Representa shall comply with all applicable local, state, and federal labor and employment tive for consultation within a reasonable and practicable time after Contractor re laws affecting its personnel. ceives notice from the Authorized Repre- 8.6 Informing Personnel of Responsibilities. sentative that a consultation is being re Contractor shall take whatever steps it quested. Supervisors shall operate a deems necessary to fully inform its per- collection vehicle that is equipped with a sonnel about the terms, conditions, and communication device. responsibilities required under this Agree- 8.3 Conduct of Personnel. Contractor shall ment. City shall not be responsible for require/ensure that its personnel serve all informing Contractor's personnel of said customers in a courteous, helpful, and terms,conditions,and responsibilities.Con- impartial manner. Contractor's personnel tractor shall provide operating and safety shall perform collection and disposal ser- training to its personnel. vices while using existing sidewalks and driveways when on private and public 8.7 Driver's License. All Contractor's person- property. Contractor personnel shall ob- nel who drive a collection vehicle while serve all no trespassing signs and not performing collection and disposal ser- cross between neighboring properties un- vices shall at all times have and carry a less the customer, or customers in the valid Florida commercial driver's license case of neighboring properties, has ex- for the type of vehicle being driven. pressly given said personnel permission. Contractor's personnel shall perform all 8.8 Drug Free Workplace. Contractor shall collection and disposal services with due maintain a drug free workplace policy. If care,always taking reasonable precautions/ requested by City, Contractor shall pro- steps to avoid damaging real and personal vide documentation certifying to the City property including, but not limited to, it is a drug free workplace. refuse containers, recycling containers, carts, racks, trees, shrubs, flowers, and 8.9 Temporary Labor. Contractor shall not similar property. Contractor is liable for utilize temporary labor in providing col- all such damage caused by Contractor's lection and disposal services to the City personnel and shall promptly provide suf under the Solid Waste Agreement. All ficient and appropriate compensation, re labor used shall be on Contractor's pay pair or replacement(the choice of which is roll. at its discretion) to customers for such 8.10 Supervision. On a daily basis, Contractor damage. will have a supervisor ride the streets in 8.4 Uniform Regulations. Contractor agrees the City to address collection and disposal that identification of Contractor's person- issues as they arise. During collection nel while performing collection and dis- days, supervisor will be responsible for posal services is important to the custom- collecting car tires,e-waste and materials er's health, safety, and welfare. that are not collected by the regular col- Consequently,Contractor's personnel per- lection vehicles. Supp. No. 24 CDA:46 APPENDIX A—FRANCHISES Art. VI, 9.0 9.0 Level of Service; Customer Complaints; be forwarded to the Contractor by person, Annual Evaluation by City. telephone, in writing by mail or facsimile when received, whether directly from the 9.1 Level of Service. Contractor acknowledges Customer or forwarded from the Autho and agrees that the continuation of this rized Representative.The Contractor shall Franchise depends on Contractor consis record complaints on a form approved by tently providing a high quality, efficient the Authorized Representative and shall level of collection and disposal services to take appropriate steps to resolve the com- all customers. To ensure such services are plaint in a professional and expedient provided in such a manner, Contractor's manner. Any complaints received by the performance shall be evaluated, on an Contractor before 12:00 noon shall be re- annual basis, pursuant to the procedure solved before 5:00 p.m. of that same day. established in paragraph 9.3 of this Agree Complaints received after 12:00 noon shall ment and based on the following review be resolved before 12:00 noon of the fol- criteria: lowing day. The Contractor shall make A. The number of complaints received contact with the customer complainant, pursuant to paragraph 9.2 herein within the above times, for all complaints and Contractor's performance in re- related to collection and disposal services. solving the complaints in a profes- The Contractor shall notify the Autho- sional and expedient manner. rized Representative within twenty-four B. Contractor's responsiveness to direc (24) hours of the action taken to resolve tion given by the Authorized Repre the complaint. If the complaint involves a sentative. claim of damage to private or public prop- erty caused by Contractor during the per- C. The number of times that Contrac- formance of collection and disposal ser- tor had to pay liquidated damages vices, the Contractor shall within twenty- pursuant to paragraph 25.0 herein. four (24) hours provide the Authorized D. Contractor's participation in commu Representative with a full written expla nity meetings sponsored by City and nation of said complaint, an estimate of Contractor's performance in resole the damage, and Contractor's proposed. ing complaints received at those meet 9.3 Annual Evaluation Procedure. Contrac- ings in a professional and expedient tor's performance shall be annually eval- manner. uated by City's Authorized Representa- E. Contractor's financial viability to con- tive under the following procedure: tinue performing the collection and disposal services required by this A. Upon or soon after the occurrence of each annual anniversary date of this Agreement. Agreement, the Authorized Repre- 9.2 Customer Complaints. It is the intent of sentative shall conduct and prepare this Agreement to ensure that the Con- a written annual evaluation of Con- tractor provides a high quality level of tractor's performance in providing collection and disposal services to all cus- the collection and disposal services tomers. To this end, failures to provide under this Agreement("Evaluation"). collection and disposal services to custom- The Evaluation shall be based on the ers, or failures observed by the Autho- level of service criteria set forth in rized Representative, and reported to the paragraph 9.1 herein. For each cri- Contractor shall promptly be resolved pur- teria the Authorized Representative suant to the provisions of this Agreement. shall evaluate and grade Contrac- All customer complaints should be made tor's performance as unacceptable, to the Authorized Representative and will needs improvement,acceptable,good Supp. No. 24 CDA:47 Art. VI, 9.0 CAPE CANAVERAL CODE or exceptional.If Contractor receives Manager who will hear and decide the appeal The a less than acceptable grade, the City Manager's decision shall be binding and Authorized Representative shall pro- final. Failure to file an appeal within said time vide Contractor a written explana- period shall result in a waiver of the right to tion of why Contractor's performance appeal. Pending the decision, Contractor shall was unacceptable and Contractor proceed diligently with the performance of the shall be given a reasonable period of collection and disposal services in accordance time, as determined by the Autho- with this Agreement and any preliminary direc- rized Representative,to bring its level tions of the Authorized Representative. of performance up to levels accept- able to the Authorized Representa- 11.0 Other City Permits. tive. For collection and disposal services not exclu- B. At the City Manager's discretion, sively provided by Contractor under this Agree- the Evaluation, the aforesaid expla- ment, Contractor shall obtain all permits re- nation, and other relevant docu- quired by City Code to provide said services. ments shall be delivered to the City Council for consideration at a public 12.0 Performance Bond Alternatives. meeting.At the meeting, the Autho- rized Representative and Contractor 12.1 Performance Bond. The Contractor shall shall have the opportunity to explain obtain and maintain during the entire their positions and the City Council term of this Agreement and any exten- shall then determine whether this sions and renewals thereof,at its cost and Franchise should continue under con- expense,and file with the City a corporate ditions determined by the City Coun- surety bond in the amount of Five Hun- cil or be terminated, without pen- dred Thousand Dollars ($500,000.00) to alty, pursuant to paragraph 14.1(H) guarantee faithful performance by the herein. Contractor of all of its obligations re- quired under this Agreement and the City 10.0 Authorized Representative's Interpre- Code (hereinafter referred to as "Bond" or tation and Decision. "Performance Bond"). Such bond must be issued by a surety with an A- or higher Any dispute between the City and Contractor, rating.Alternatively, the Contractor shall which cannot be disposed of by mutual consent obtain and continuously maintain an un- between the parties within a reasonable period of expired Irrevocable Letter of Credit,which time ("Impasse"), shall be ultimately decided by shall at all times be in the possession of the Authorized Representative. At such time the the City. The form and contents of such Authorized Representative declares an Impasse, performance bond or letter of credit shall he shall have thirty (30) days to decide the Im- be acceptable to the City. The Letter of passe issue, unless additional time is reasonably Credit or Performance Bond shall be re- needed. All such decisions shall be reduced to leased only upon expiration of the Agree- writing by the Authorized Representative and ment or upon replacement by a successor delivered to Contractor within three (3) business Contractor. days of said decision. All such written decisions let- shall contain a sufficient explanation, as may be 12.2 Conditions. The performance bond or deemed necessary by the Authorized Representa- ter of credit shall be issued upon the tive, to explain the decision. The decision shall be following conditions: final and binding on both parties unless appealed A. The performance bond shall be is- to the City Manager. Within three (3) business sued by a surety approved by City days of the Authorized Representative's decision, and licensed and authorized to do Contractor may appeal said decision to the City business as a surety in the State of Supp. No. 24 CDA:48 APPENDIX A—FRANCHISES Art.VI, 12.0 Florida and has an A- or higher 3. This Agreement is terminated rating The irrevocable letter of credit by reason of the default of the shall be issued by a bank or savings Contractor. and loan association acceptable to the City,authorized to do business in 12.3 Reduction of Bond/Letter of Credit. Upon this State by either the State of written application by the Contractor,the Florida Comptroller or the United City may at its sole option, permit the States government. The letter of amount of the bond or letter of credit to be credit shall name the City as the reduced for the term of this Agreement or beneficiary. periods of time, when it is determined by B. There shall be recoverable by the the City to be in the public interest. Upon City jointly and severally from the written application by the Contractor, the principal and surety or the financial City may, at its sole option, permit the institution that has issued the letter terms of the requirements of the perfor- mance bond/letter of credit to be altered of credit, any and all fines and liqui for the term of this Agreement or periods dated damages due the City and any of time, when it is determined by the City and all damages, losses, costs, and to be in the public interest. expenses suffered or incurred by the City resulting from the failure of the 12.4 Use of Bond and Letter of Credit. Prior to Contractor to: faithfully comply with drawing upon the letter of credit or the the provisions of the City Code and bond for the purposes described in this this Agreement; comply with all or- section,the City shall notify Contractor in ders, permits and directives of any writing that payment is due, and the City agency or body having jurisdic- Franchisee shall have thirty (30) days tion over its acts or defaults;pay any from the receipt of such written notice to claims, liens, fees, or taxes due the make payment. If the Contractor does not City which arise by reason of the make the payment within thirty(30)days collection and disposal services pro- or demonstrate reasons acceptable to the vided under this Agreement. Such City why such action should not be taken, losses, costs and expenses shall in- the City may withdraw the amount thereof, elude, but not be limited to attor- with interest and penalties, from the let- ney's fees and other associated ex- ter of credit or the bond. Within three (3) penses. business days of a withdrawal from the C The total amount of the bond or letter of credit or bond,the City shall send letter of credit shall be forfeited as a to the Contractor,by certified mail,return liquidated damage paid to the City receipt requested, written notification of in the event: the amount, date and purpose of such 1. Contractor abandons, or can withdrawal. cels with less than one hundred 12.5 Replenishment of Letter of Credit and eighty (180) days written no- Performance Bond. No later than thirty tice to City, its obligations and (30) days, after mailing to the Contractor responsibilities to perform the by certified mail notification of a with- collection and disposal services drawal pursuant to paragraph 12.4 above, required under this Franchise, the Contractor shall replenish the letter prior to the expiration of the of credit and/or performance bond in an term of the Agreement. amount equal to the amount so with- 2. Contractor assigns this Agree- drawn. Failure to make timely replenish- ment without the express writ- ment of such amount to the letter of credit ten consent of the City. and/or performance bond shall constitute Supp. No. 24 CDA:49 Art.VI, 12.0 CAPE CANAVERAL CODE a failure of the Contractor to faithfully credit be replaced with such other bond or comply with the provisions of this Agree- letter of credit consistent with the require- ment. ments set forth in this section. 12.6 Non-renewal, Alteration, or Cancellation 13.0 Transfer of Ownership or Control. of Letter of Credit or Performance Bond. 13.1 Transfer of Franchise. This Agreement The performance bond and letter of credit shall not be sold, transferred, leased, as- required herein shall be in a form satis- signed or disposed of including, but not factory to the City which approval shall limited to, by forced or voluntary sale, not be unreasonably withheld and shall merger,consolidation,receivership or other require thirty (30) days written notice of means without the prior written consent any non-renewal, alteration or cancella- of the City, and then only under such tion to both the City and the Contractor. reasonable conditions as the City may The Contractor shall, in the event of any establish which may include, but not be such cancellation, alteration, or non- limited to, financial guarantees to the renewal notice, obtain, pay all premiums collection and disposal services. for, and file with the City, written evi- 13.2 Transfer Threshold. The Contractor shall dence of the issuance of replacement bond promptly notify the City of any actual or or policies within thirty (30) days follow- ing receipt by the City or the Contractor proposed change in, or transfer of, or of any notice of cancellation,alteration,or acquisition by any other party of control of the Contractor. non-renewal. 13.3 City Approval. Every transfer shall make 12.7 Inflation. At the sole discretion of the this Agreement subject to cancellation un- City, to offset the effects of inflation, the less and until the City shall have con- amount of the bond or letter of credit sented thereto in writing. For the purpose provided for herein is subject to annual of determining whether it may consent to increases at the end of every year pro- such transfer, the City may inquire into vided the amount of the bond or letter of the legal, financial, character, technical, credit shall not exceed fifty percent (50%) and other public interest qualifications of of the total amount paid Contractor by the prospective transferee or controlling City pursuant to paragraph 5.0 for the party, and the Contractor shall assist the year previous to the increase. City in obtaining all required informa- tion. Failure to provide all reasonable 12.8 Default. The performance bond and letter information requested by the City as part of credit provided pursuant to this section of said inquiry shall be grounds for denial shall become the property of the City in of the proposed transfer. the event that this Agreement is canceled 13.4 Signatory Requirement. Any approval by or terminated by reason of default by the the City of transfer of ownership shall be Contractor. contingent upon the prospective assignee becoming a signatory to this Agreement. 12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes aware 13.5 Administrative Fee. Upon approval of the of the financial condition of any bonding transfer of ownership an administrative or financial institution issuing a perfor- fee of$25,000.00 shall be paid to the City. mance bond or letter of credit as required herein and said financial condition is rea 14.0 Forfeiture or Termination. sonably deemed by the City to jeopardize 14.1 Grounds for Revocation. The City re- the collateral posted with the City, the serves the right to terminate this Agree- City may require such bond or letter of ment, without penalty, and rescind all Supp. No. 24 CDA:50 APPENDIX A—FRANCHISES Art.VI, 14.0 rights and privileges associated with the I. Contractor provided a material mis- Franchise in the following circumstances, representation of fact in the applica- each of which shall represent a default tion for or negotiation of the Fran- and breach of this Agreement: chise granted under this Agreement A. Contractor defaults in the perfor- any extension or renewal thereof. mance of any of the material obliga- 14.2 Effect of Circumstances. Contractor shall tions to provide collection and dis- not be declared at fault or be subject to posal services under this Agreement any sanction under any provision of this or the City Code; Agreement in any case, in which perfor- B. Contractor fails to provide or main- mance of any such provision is prevented tain in full force and effect the liabil- trol. reasons beyond the Contractor's con- ity and indemnification coverage or trol. For the purposes of this Agreement, the performance bond (or alterna causes or events beyond the Contractor's tive letter of credit) as required control shall include, without limitation, herein; acts of God, floods, earthquakes, land- slides,hurricanes,fires and other natural C. Contractor violates any material pro- disasters, acts of public enemies, riots or visions of any orders or rulings of civil disturbances,sabotage,restraints im- any regulatory body having jurisdic- posed by order of a governmental agency tion over the Contractor relative to or court.A fault shall not be deemed to be this Agreement and any regulatory beyond the Contractor's control if commit- oriinance of the City, and Contrac- ted by a corporation or other business tor fails to begin cure within five (5) entity in which the Contractor holds a business days of notice from the City controlling interest whether held directly to complete cure within a reasonable or indirectly, when such fault is due to time after notice, as determined by Contractor's financial inability to perform the City; or comply, economic hardship, or misfea- D. Contractor practices or engages in sante,malfeasance or nonfeasance by any any fraud upon the City or any cus- of the Contractor's directors, officers, em- tomer; ployees, contractors or agents. E. Contractor's gross negligence, as de- 14.3 Effect of Pending Litigation. Pending liti- fined by general law, in maintaining gation or any appeal to any regulatory any of the level of service standards body or court having jurisdiction over the required in this Agreement; Contractor shall not excuse the Contrac- F. Contractor becomes insolvent,unable/ for from performance of its obligations under this Agreement, unless specifically unwilling to pay its debts or is ad provided for by court order or by the judged bankrupt; regulatory body having jurisdiction over G. Contractor fails to provide collection such matters. Failure of the Contractor to and disposal service throughout the perform such obligations because of pend- service area if a disruption of such ing litigation or petition may result in service occurs pursuant to para- forfeiture or revocation pursuant to the graph 24.0 of this Agreement, unless provisions of this Section. approval of such disruption is ob 14.4 Procedure Prior to Revocation. Except as tained from the City; provided in paragraph 9.3 for annual eval- H. Contractor fails to satisfy the level of uations, the Authorized Representative service annual evaluation conducted shall notify the Contractor in writing of pursuant to paragraph 9.3 of this the exact nature of the alleged violation Agreement; or constituting a ground for termination and Supp. No. 24 CDA:51 Art.VI, 14.0 CAPE CANAVERAL CODE give the Contractor thirty (30) days, or and to make such tests as it finds neces- such greater amount of time as the Au- sary to ensure compliance with the terms thorized Representative may specify, to of this Agreement, the City Code and any correct such violations or to present facts other applicable provisions of local, state and arguments to refute the alleged vio- or federal law. lation. If the Authorized Representative then concludes that there is a basis for 15.3 City Regulation. To the extent that any termination, he shall notify the Contrac- federal, state law or regulation may now, tor thereof. If within the designated time or as the same may hereafter be amended the Contractor does not remedy and/or by legislation, administrative regulation, put an end to the alleged violation, the decision,or judicial determination,autho- City's City Council, after a public hearing rize the City to regulate the rates for any where all interested parties may be heard, particular service tiers, service packages, may suspend or revoke the Franchise equipment,or any other services provided under this Agreement, without penalty, if by Contractor, the City shall have the it determines that such action is war- right to exercise rate regulation to the full ranted. The Contractor shall not be held extent authorized by law, or to refrain in default nor suffer any penalties where from exercising such regulation for any non-compliance or default is caused by an period of time, at its sole discretion. The event beyond the Contractor's control, as City shall provide advance notification to stated in Section 14.2. the Contractor of its intention to exercise any such regulation and written notifica- 15.0 Regulatory Authority. tion when such ordinance is adopted.Fail- 15.1 Authority. The City reserves the right to ure to so provide advance notification to the Contractor or written notification when exercise the maximum authority, as may be lawfully permissible, to regulate the such ordinance is adopted shall not be a collection and disposal services and any basis upon which to declare this Agree other solid waste services, granted here- ment in breach or to invalidate the ordi under. Should applicable legislative,judi- nance. tial or regulatory authorities at any time 15.4 City Health and Sanitation Regulations. permit regulation not presently permitted Without limitation on the authority granted to the City, the City may without the City above; City reserves the uncondi- approval of the Contractor engage in any tional right to adopt by ordinance addi- such additional regulation as may then be tional health and sanitation regulations permissible,whether or not contemplated which apply to the collection and disposal by this Agreement or the City Code, in eluding without limitation, regulation re of solid waste, bio hazardous waste, bio garding franchise fees, taxes, program logical waste,construction and demolition ming, rates charged to customers, debris, hazardous waste, sludge, special consumer protection, or any other similar waste and all other kinds of waste. To the or dissimilar matter. The City agrees to extent determined by the City, these reg- meet and confer with the Contractor prior ulations shall be codified in Chapter 62 of to enacting new regulatory ordinances. the City Code. Contractor shall fully tom ply with these regulations as applicable to 15.2 Right of Inspection. The City shall have the collection and disposal services pro- the right to inspect in the accompaniment vided under this Agreement and said reg- of a representative of the Contractor all ulations shall be deemed to be fully incor- collection and disposal services performed porated herein by this reference. In the subject to the provisions of this Agree- event any provision of this Agreement is ment and equipment used by Contractor, in conflict with any provision of the addi- Supp. No. 24 CDA:52 APPENDIX A—FRANCHISES Art.VI, 17.0 tional City health and sanitation regula- 16.6 Changes in Policy Limits. To offset the tions, the provisions contained in this effects of inflation and to reflect changing Agreement shall prevail. liability limits, all of the coverage, limits, and amounts of the insurance provided 16.0 Liability and Insurance. for herein are subject to reasonable in- 16.1 Certificate of Insurance. Prior to the effec- creases at the end of every two (2) year tive date of this Agreement and thereafter period of this Agreement, applicable to continuously throughout the duration of the next two (2) year period or termina- the Agreement and any extensions or re- tion date of this Agreement (whichever newals thereof, Contractor shall furnish occurs first), at the City's discretion, but the City, certificates of insurance and en- not to exceed the coverage, limits, and dorsements, in a form approved by the amounts of insurance the City requires of City, for all types of insurance required other contractors transacting business with under this section. Failure to furnish said the City. certificates of insurance and endorse 16.7 Commercial General Liability Insurance. ments in a timely manner shall constitute Contractor shall maintain throughout the material breach of this Agreement. term of this Agreement, general liability 16.2 No Liability Limit. Neither the provisions insurance insuring Contractor in the min- of this Section or any damages recovered imum of: by the City hereunder, shall be construed to limit the liability of Contractor for A. $1,000,000.00 for property damage single limit; and damages under this Agreement. B. $1,000,000.00 single limit liability 16.3 Endorsement. All insurance policies main- for personal bodily injury or death to tained pursuant to this Agreement shall any one person. contain an endorsement in substantially the following form: C. $2,000,000.00 aggregate liability and It is hereby understood and agreed that excess liability $5,000,000.00 each this insurance policy may not be modified occurrence. or canceled by the insurance company nor 16.8 Automobile Liability Insurance. Contrac- the intention not to renew be stated by tor shall maintain throughout the term of the insurance company until thirty (30) the Agreement,automobile liability insur- Days after receipt by the City of Cape ance for owned, non-owned, or rented Canaveral City Manager by certified mail, vehicles in the minimum amount of: of a written notice of such intention to A. $1,000,000.00 single limit liability cancel or not to renew. for bodily injury and consequent death 16.4 State Institution. All insurance policies per occurrence; and provided pursuant to this Agreement shall B. $1,000,000.00 for property damage be written by companies authorized by per occurrence. the Florida Insurance Commissioner to do business in the State of Florida as an 16.9 Workers' Compensation. Contractor shall maintain throughout the term of the Agree- insurance company. The insurance com pany shall have a Best Insurance rating ment, workers' compensation at least to of A or better, unless otherwise approved the minimum amount of the statutory by the Authorized Representative. limit for workers' compensation, as 16.5 Named Insured. The City shall be an amended from time to time. additional named insured for all insur- 17.0 Indemnification and Hold Harmless. ance policies written pursuant to this Agreement, as the City's interests may For all collection and disposal services per- appear from time to time. formed by Contractor pursuant to this Agree- Supp. No. 24 CDA:53 Art.VI, 17.0 CAPE CANAVERAL CODE ment, Contractor agrees to the fullest extent B. Not interfere with any improvements which permitted by law,to indemnify and hold harmless the City,county,state,and federal govern- the City, its council members, attorneys, employ- ment may deem proper to make; ees, officers, and agents from and against all C. Not interfere with the free and proper use claims,losses,damages,personal injuries(includ of public rights-of-way, alleys, bridges, ing but not limited to death), or liability (includ easements or other public property, ex- ing reasonable attorney's fees through any and all cept to the minimum extent possible dur administrative, pre trial, trial, post judgment, ing actual collection and disposal services appellate proceedings), directly or indirectly aris being provided hereunder; ing from: (i) the acts, errors, omissions, inten- tional or otherwise, arising out of or resulting D Not interfere with the rights and reason- from Contractor's or its subcontractors, or agents able convenience of private property own- performance of the collection and disposal ser- ers, except to the minimum extent possi- vices pursuant to this Agreement; (ii) defaults ble during actual collection and disposal under this Agreement; (iii) failing to properly services being provided hereunder; and train employees under Contractor's control or direction; and(iv)failing to properly equip or hire E. Not obstruct, hinder or interfere with any employees under Contractor's control or direction gas,electric,water,wastewater,reclaimed in the performance of the collection and disposal water, storm water drainage, telephone, services under this Agreement. The indemnifica cable or other utility facilities located tion provided above shall obligate Contractor to within the service area. defend at its own expense or to provide for such defense, at the option of the City, as the case may 19.0 Books and Records Available to City, be, of any and all claims of liability and all suits Quarterly Report. and actions of every name and description that 19.1 Records. In accordance with section may be brought against the City, its council 119.0701, Florida Statutes, Contractor members, attorneys, employees, officers and/or agrees that all documents, transactions, agents which may result from the collection and writings, papers, letters, tapes, photo- disposal services under this Agreement whether graphs,sound recordings,data processing the collection and disposal services be performed software, or other material, regardless of by the Contractor, its subcontractors, or anyone the physical form,characteristics,or means directly or indirectly employed by them. In all of transmission, made or received pursu- events the City shall be permitted to choose legal ant to this Agreement or in connection counsel of its sole choice, the attorney fees for with any funds provided by the City pur- which shall be subject to and included with this suant to this Agreement may be consid- indemnification provided herein, as long as said ered public records pursuant to Chapter fees are no greater than at a rate deemed reason- 119, Florida Statutes. Contractor agrees able at the time indemnification is required. The to keep and maintain any and all public City agrees to be responsible for the City's own records that ordinarily and necessarily negligent acts and omissions. would be required by the City in order to perform the services required by this Agree- 18.0 Interference with Persons Public and ment. Contractor also agrees to provide Private Property and Utilities. the public with access to public records on the same terms and conditions that the Contractor's collection equipment and person- City would provide the records and at a nel used in performing the collection and disposal cost that does not exceed the cost provided services hereunder shall: by Chapter 119, Florida Statutes or as otherwise provided by law.Contractor shall A. Not endanger or interfere with the health, also ensure that public records that are safety or lives of persons; exempt or confidential and exempt from Supp. No. 24 CDA:54 APPENDIX A—FRANCHISES Art.VI, 19.0 the public records disclosure require- vided under this Agreement. The exami- ments are not disclosed except as autho- nation shall take place at Contractor's rized by law. In addition, Contractor shall office. meet all requirements for retaining public records and transfer, at no cost, to the 19.3 Reports to be Filed. The following reports City all public records in possession of the shall be provided to the City: Contractor upon termination of this Agree- A. A monthly customer report sorted ment and destroy any duplicate public alphabetically by address, in a for- records that are exempt or confidential mat approved by the City which lists and exempt from public records disclo- the customer's address and name, sure requirements.All records stored elec- type, quantity,frequency, size, of the tronically must be provided to the City in container picked up from the cus- a format that is compatible with the in- tomer, and a description of the kind formation technology systems of the City. of service provided customer. If Contractor does not comply with a pub- lic records request,the City shall have the B. A monthly report of all customers, right to enforce the provisions of this and fees received from them by Con- Paragraph. In the event that Contractor tractor, for collection and disposal fails to comply with the provisions of this services not billed by the City, if any. Paragraph, and the City is required to enforce the provisions of this Paragraph, 19.4 Mandatory Records. The Contractor shall or the City suffers a third party award of at all times maintain: attorney's fees and/or damages for violat- A. A record of all complaints received ing the provisions of Chapter 119, Florida and interruptions,disruptions,or deg- Statutes due to Contractor's failure to radation of collection and disposal comply with the provisions of this Para- services for the preceding year prior graph, the City shall be entitled to collect to the annual performance evalua- from Contractor prevailing party attor- tion by the City. ney's fees and costs, and any damages incurred by the City, for enforcing this B. A full and complete document(s) de- Paragraph against Contractor.And, if ap- plicable, the City shall also be entitled to routes for the collection and disposal reimbursement of any and all attorney's services. fees and damages which the City was C. A record of all customers, and fees required to pay a third party because of received from them by Contractor, Contractor's failure to comply with the for collection and disposal services provisions of this Paragraph. This Para- not billed by the City, if any. graph shall survive the termination of this Agreement. D. Contractor shall maintain an online web-based customer complaint track- 19.2 Review. For records not constituting a ing system at no additional expense public record under Chapter 119, Florida to the City. Contractor shall provide Statutes, Contractor shall permit, during Contractor's normal business hours, the the City with electronic access to the Authorized Representative to examine, at tracking system so the City can freely the City's discretion, any and all maps review the complaints filed in the system. and other records kept or maintained by the Contractor or under its control con- E. Contractor shall reimburse the City cerning the operations, affairs, transac- on a monthly basis for the City's tions or property of Contractor relative to expenses incurred under the Munic- the collection and disposal services pro- ipal Tracking System Trac EZ User Supp. No. 24 CDA:55 Art.VI, 19.0 CAPE CANAVERAL CODE Agreement. Said amount shall be dures and shall also indemnify and hold harmless deducted from the amount owed Con- the City in the event Contractor fails to comply tractor by the City each month. with said procedures. Nothing in this Agreement 19.5 Other Records. The City may impose rea shall exclude or prohibit the City or any other sonable requests for additional informa contractors from collecting and disposing of such tion, records and documents from time to debris caused by a major or serious calamity. The time, and the Contractor shall produce City has a continuing Interlocal Agreement with said records within a reasonable amount Brevard County for Disaster Debris Removal. of time, so long as such request relates to Upon notification that Brevard County has been the City's enforcement abilities under this declared a federal disaster area by the President Agreement or the Code. of the United States, Brevard County, shall coor- dinate the collection of disaster related debris 20.0 Preferential or Discriminatory Prac through the City's and County's franchised solid tices Prohibited. waste collectors on behalf of the City. The City shall negotiate with the Contractor for any expen- All collection and disposal services rendered diture(s) for debris clean up not reimbursed by and all rules and regulations adopted by Contrac- Federal Emergency Management Agency and the tor shall have general application to all persons State of Florida. and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, 21.1 Additional Activation Assets. Contractor origin, or ethnicity. Contractor shall not deny shall provide additional activation assets service to any group of potential customers within that can be used to timely and adequately the City because of the income of the customers respond to debris and solid waste removal within the service area. Contractor shall not during disasters. charge customers different rates for service of the same class or type. However, this paragraph is 22.0 Miscellaneous Provisions. ....� not intended to restrict Contractor from offering 22.1 Independent Contractor. Contractor is an reasonable discounts to senior citizens or other independent contractor and nothing in economically disadvantaged groups in accordance with any local, state, or federal law. this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, 21.0 Storms; Hurricanes; Natural Disasters; a partnership relationship,or to allow the Calamities. City to exercise control or direction over In the event a major storm, hurricane, natural the manner or method by which Contrac- disaster, or any other type of major or serious tor performs the collection and disposal calamity("calamity")causes an excessive amount services which are the subject matter of of refuse, vegetative waste, bulk trash, or other this Agreement. Contractor understands excessive debris("debris")to accumulate on streets, and agrees that: (i) the City will not alleys, bridges, and on private and/or public prop- withhold on behalf of Contractor pursu- erty, Contractor shall collect such debris at the ant to this Agreement any sums for pay- City's written request.City agrees to pay Contrac- ment of income tax, unemployment insur- tor for such additional service in an amount ance, social security or any other mutually agreed upon in writing by the City and withholding; (ii) all such payments, with- Contractor. Contractor acknowledges and agrees holdings and taxes are the sole responsi- that collection and disposal services performed bility of Contractor; and (iii) Contractor after a calamity may be subject to special proce- will indemnify and hold the City, its city dures in order that the City can receive reimburse- council members, attorneys, employees, ment from state and federal agencies like FEMA. officers, and/or agents harmless from and In such cases, Contractor shall be fully responsi- against any and all loss or liability arising ble and liable for complying with all such proce- with respect to such payments, withhold- Supp. No. 24 CDA:56 APPENDIX A—FRANCHISES Art. VI,22.0 ings, or taxes, including, but not limited written instrument agreeing to said amend- to reasonable attorney's fees through any ment, supplementation, modification, or and all administrative,pre-trial,trial,post- change in the terms hereof by the parties. trial judgment, and appellate proceed 22.4 Notices. Any notice, request, instruction, ings. The parties hereto agree that both or other document to be given as part of Contractor and the City shall have the this Agreement shall be in writing and right to participate in any discussion or shall be deemed served when either deliv- negotiation with the Internal Revenue ered in person to the following designated Service concerning Contractor's indepen- agents or received by registered or certi- dent contractor status regardless of with fled United States mail, return receipt whom or by whom such discussions or requested, postage prepaid,or received by negotiations are initiated. In the event facsimile, addressed as follows: that any applicable government agency determines that Contractor is an em- TO THE CITY: ployee of the City and the City is required City Manager to pay any additional amount to any gov- City of Cape Canaveral ernmental authority based upon Contrac- 105 Polk Avenue (P.O. Box 326) tor being reclassified an employee of the Cape Canaveral, FL 32920 City, Contractor hereby covenants and Ph: 321-868-1220 agrees to reimburse immediately the City TO THE CITY ATTORNEY: for any such amount paid to any such Brown, Garganese, Weiss and governmental authority and the costs andD'Agresta, P.A. expenses associated with defending the City including, but not limited to, reason- P.O. Box 2873 able attorney's fees. In the event that Orlando, FL 32802-2873 Contractor is reclassified as an employee Ph: 407-425-9566 and becomes eligible for a refund of any TO THE CONTRACTOR: taxes paid to any governmental agency Regional Vice President including, but not limited to, a claim for Waste Pro of Florida, Inc. refund of self-employment taxes,then Con- 3705 St. Johns Pkwy tractor hereby covenants and agrees to Sanford, Florida 32771 pursue any such refund and assign to the Ph: 407-774-0800 City the proceeds from any such refund. Either party may change the aforemen- 22.2 No Joint Venture. Nothing herein shall be tioned designated agents at any time by deemed to create a joint venture or prin- providing written notice of such change to cipal-agent relationship between the par- the other party. ties, and neither party is authorized to, 22.5 Captions. Captions to sections through- nor shall either party act toward third out this Agreement are solely to facilitate persons or the public in any manner which the reading and reference to the sections would indicate any such relationship with and provisions of the Agreement. Such the other. captions shall not affect the meaning or 22.3 Entire Agreement. This Agreement repre interpretation of the Agreement. sents the entire understanding and agree- 22.6 Severability. If any section, subsection, ment between the parties hereto with sentence,clause,phrase,or portion of this respect to the subject matter hereof, and Agreement is,for any reason, held invalid supersedes all prior oral negotiations and or unconstitutional by any court of corn- written agreements between the parties. petent jurisdiction, such portion shall be This Agreement may be amended, supple- deemed a separate, distinct, and indepen- mented, modified, or changed only by a dent provision. Such holding shall not Supp. No. 24 CDA:57 Art.VI,22.0 CAPE CANAVERAL CODE affect the validity of the remaining por- 23.2 Term. The term of this Agreement shall tions of this Agreement, unless the City be from October 1, 2014 to September 30, determines that the portions remaining 2019 subject to an annual evaluation by (without the severed portions) have an the City under paragraph 9.0 herein and adverse effect on the best interests of City, termination as provided for in paragraph then City shall have the right to termi- 14.0 herein. The term of this Agreement nate this Agreement. may be extended pursuant to paragraph 22.7 City's Rights of Intervention. Contractor 23.3 herein. agrees not to oppose intervention by the 23.3 Renewal. This Agreement shall be re- City in any suit or proceeding to which newed for additional five (5) years terms Contractor is a party,concerning or involv- by mutual agreement of the parties un- ing this Agreement and the City's rights less either party provides notice of non- under this Agreement. intent at least 180 days prior to expira- 22.8 Attorney's Fees. In the event of litigation tion of the Agreement or renewal thereof. arising out of or relating to this Agree- ment, the prevailing party shall be enti- 24.0 Disruption in Collection and Disposal tied to recover all its reasonable expenses, Services. including attorney's fees, costs, and other expenses reasonably and necessarily in- In the event a disruption (e.g. strike, labor curred, through all administrative, pre- stoppage,collection equipment in disrepair)causes trial, trial, post judgment, and appellate Contractor to fall one week or more behind in its proceedings. collection schedule, City may, at its option, cause 22.9 Counterparts. This Agreement may be the collection and disposal services to be per executed in any number of counterparts, formed by any means available to City. Such means may include, but not be limited to, City each of which when so executed and de taking over and operating the collection equip- livered shall be considered an original ment used in the performance of this Agreement agreement; but such counterparts shall until such time Contractor can perform the col- together constitute but one and the same lection and disposal services and/or City contract- instrument. ing with a third party to perform the collection 22.10 Waiver. Failure of the City to insist upon and disposal services.Any cost incurred by City in performance within any time period or exercising this option shall be charged against upon a proper level of service shall not act Contractor and the performance bond or alterna- as a waiver of the City's right to later tive letter of credit furnished by Contractor under claim a failure to perform on the part of this Agreement. The foregoing option shall only Contractor. be exercised by a majority vote of the City's City Council after the City Council has declared that 22.11 Jurisdiction; Venue. This Agreement is the disruption has caused an emergency to arise made and shall be interpreted, construed, within the service area that adversely effects the governed,and enforced in accordance with public health, safety, and welfare. the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any 25.0 Administrative Charges. federal action or litigation shall be Or- lando, Florida. Should the Contractor commit any of the breaches described herein in Contractor's obliga- 23.0 Effective Date/Term. tions under this Contact, the City shall be enti- tled to assess against the Contractor the amounts 23.1 Effective Date. The effective date of the listed below, not as a penalty but as administra- Contract shall be October 1, 2014. tive charges. Supp. No. 24 CDA:58 APPENDIX A—FRANCHISES Art.VI, 25.0 The City will be entitled to offset any adminis- H. Failure to provide proper notifica- trative charges assessed against the monthly fee tion prior to residential route changes: otherwise due to Contractor hereunder or alter- $125.00 per day, per route not noti- natively to collect such damages from the perfor- fled. mance bond. I. Causing skid marks or spillage marks Each complaint shall be considered legitimate, on roadways, private driveways, or unless satisfactory evidence to the contrary is any thoroughfare within the service furnished to the Authorized Representative by area: $75.00 per incident. the Contractor. The decision of the Authorized J. Causing hydraulic spills or leaks as Representative shall be final. On-site inspection well as any other fluids having po- will be provided by the City to determine the tential to damage or stain asphalt, legitimacy of disputed complaints. concrete, or other roadway surfaces: $250.00 per incident. This provision shall not limit other contract claims or remedies that the City may have against K. Failure to clean spillage caused from the Contractor under this Contract. residential or commercial route ve- hicles leaking from collected gar- 25.1 Opportunity for Cure Not Required. The bage: $150.00 per incident. following administrative charges may be assessed without the need to give the 25.2 Opportunity for Cure Required. The fol- Contractor the opportunity to cure: lowing administrative charges may be as- sessed only (i) after the City has given A. Failure to collect missed customers Contractor notice and a reasonable oppor- by 7:00 p.m. the same day when tunity to cure,or(ii)where the violation is given notice before noon, or by 12:00 a repeat violation (i.e., Contractor has noon the following day when given previously failed the specific item listed at notice between 12:00 noon and 5:00 least once within the past 12 months and p.m.: $50.00 per incident, a maxi- the City has previously provided Contrac- mum of$300.00 Per truck per day. tor notice of such failure): B. Un-handled complaints over 20 in a A. Failure to maintain office hours as single month: $50.00 per incident required: $100.00 per incident. including the first 20. B. Failure to provide documents and C. Failure to replace damaged con- reports in a timely and accurate man- tainer within five days for commer- ner as per agreement: $50.00 per cial customers and 72 hours for res- incident. idential customers: $50.00 per C. Failure to cover materials, if appro- incident. priate, on all collection vehicles: D. Failure to repair damage to custom- $100.00 per incident. er's property within seven days: D. Failure to comply with requested $100.00 per incident. employee roster,proper uniforms,and E. Equipment operator not properly li employee identification and safety tensed: $250.00 per incident. equipment as per agreement:$150.00 per incident. F. Failure to comply with the current schedules: $125.00 per incident. E. Failure to close gates on dumpster enclosures as well as container lids G. Failure to complete a route on the and locking all locks on commercial regular pick-up day: $125.00 per day customer locations: $75.00 per inci- for each route not completed. dent. Supp. No. 24 CDA:59 Art.VI,25.0 CAPE CANAVERAL CODE F. Failure to follow established report- 28.0 Sovereign Immunity. ing operation or administrative pro- cedures: $150.00 per incident. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sover- G. Failure to provide monthly tonnage eign immunity under Section 768.28,Florida Stat- and recycling data reports: $250.00 utes, or other limitations imposed on the City's per incident. potential liability under state or federal law. H. Loaded vehicles left standing on street unnecessarily: $150.00 per incident. 29.0 Title to Refuse. I. Failure to drive in the proper direc The City shall have the right and title to all tion: $100.00 per incident. refuse, including recycling, set out for collection. J. Commingling solid waste with vege- Once collected by Contractor, ownership of all tative waste, recyclable materials, C refuse, including recycling, collected under this & D materials or other waste mate- Agreement shall transfer to the Contractor. rial: $250.00 per incident. K. Failure to report recycling activity 30.0 Public Awareness Campaign. monthly in the format determined by the Contractor, for the purpose of 30.1 General. Contractor agrees to provide, tracking and verifying City wide re- and assist the City in conducting, a public cycling activity: $100.00 per inti awareness campaign to promote the col- dent. lection, disposal and recycling services provided under this Agreement.All mate- 26.0 Contractor's Representative. rials and publications used by Contractor shall be reviewed by the City and ap- Contractor shall designate an individual to act proved by the Authorized Representative. as a representative for Contractor under this All materials and publications used by Agreement with the authority to transmit instruc- the City shall be reviewed by Contractor tions, receive information, and make or interpret and approved by Contractor's representa- Contractor's decisions. This person shall be Con- tive. tractor's contract administrator. Initially,the per 30.2 Contractor shall provide $2,000.00 to the son who shall act as the representative for Con City, each year on October 1st, for public tractor with respect to this Agreement shall be awareness of the City's recycling pro Tim Dolan, District Manager. Contractor may gram. Said amount shall increase by 2.5% from time to time designate other individuals or each year during the Agreement term and delete individual's with the authority to act for Contractor under this Agreement with the author any extensions thereof. ity to transmit instructions, receive information, 30.3 Contractor shall maintain membership in and make or interpret Contractor's decisions. All Keep Brevard Beautiful during the entire deletions or designation of individuals to serve as term of the Solid Waste Agreement. a representative shall be given by written notice. 30.4 Contractor and City will conduct a joint 27.0 Time of the Essence. marketing program for small business recycling. Contractor agrees to tailor its Contractor acknowledges and agrees that time services to meet the individual needs of a is of the essence for the completion of the collec- business. If traditional recycling pro- tion and disposal services to be performed under grams for multi-family recycling custom- this Agreement. Unless otherwise extended in ers are not deemed acceptable to the cus- writing by the City,Contractor agrees to complete tomers and the City,Contractor will design the collection and disposal services as required by a recycling option that works for the City this Agreement. and its multi-family recycling customers. Supp. No. 24 CDA:60 APPENDIX A—FRANCHISES Art.VI,:30.0 City of Cape Canaveral, Florida A Florida municipal corporation /s/ Rocky Randels Mayor Attest: Is/ Angela M. Apperson City Clerk [City Seal] Witness: /s/ Richard Meinert Contractor: Waste Pro of Florida, Inc. /s/ Tim Dolan Regional Vice President [Corporate Seal] Supp. No. 24 CDA:61 ..•11p1f, APPENDIX A—FRANCHISES Art. VI, Exh.A EXHIBIT A. SOLID WASTE RATES Exhibit "A" to Solid Waste Franchise Agreement City of Cape Canaveral Solid Waste Rate Schedule Services billed by the City Monthly Fee User Category Code Effective Jan. 2015 Single Family - CART, vegetative waste, Bulk, single SFR1 $9.75 stream recycling service and weekly clam truck vegeta- tive waste pick up. Mobile Home - CART, vegetative waste, Bulk, single MHR2 $9.75 stream recycling service and weekly clam truck vegeta- tive waste pick up. Multi - Family - vegetative waste, Bulk, single stream RCCM $2.95 recycling service and weekly clam truck vegetative waste pick up. Commercial CART service CANS $11.91 Commercial single stream recycling cart service CSSR $1.94 Monthly Container (dumpster) yards $29.08 Cubic yard rate See Page 2 $3.36 [below] Extra pick-up container yards See Page 2 $4.38 [below] Wheels & Lock Bars (dumpsters only) WHEE $38.76 Description of Services Billed by Contractor Roll off container: 20, 30 & 40 yard open top per pull $177.20 Roll off compactors: 15, 20, 30 & 40 yard monthly rate $498.39 Compactor per pull charge: 15, 20, 30 & 40 yard per pull $177.20 Delivery charge for all roll off type containers $83.07 Vegetative Waste Special Pick up (use of cherry picker, claw or clam truck): Full truck per pick up—More than 10 cubic yards $132.90 '/2 truck per pick up—Less than 10 cubic yards $66.45 Commercial Recycling Dumpsters Market Rates Size of Dumpster/Frequency of Pick Up Code Rate Jan 2015 Dumpster 2 CU 2 PU GX22 $58.15 Dumpster 2 CU 3 PU GX23 $96.07 Dumpster 2 CU 4 PU GX24 $133.98 Dumpster 2 CU 5 PU GX25 $171.90 Dumpster 2 CU 6 PU GX26 $209.82 Supp. No. 24 CDA:63 Art.VI, Exh.A CAPE CANAVERAL CODE Size of Dumpster 1 Frequency of Pick Up Code Rate Jan 2015 Dumpster 3 CU 2 PU GX32 $87.23 Dumpster 3 CU 3 PU GX33 $144.10 Dumpster 3 CU 4 PU GX34 $200.98 Dumpster 3 CU 5 PU GX35 $257.85 Dumpster 3 CU 6 PU GX36 $314.73 Dumpster 4 CU 2 PU GX42 $116.31 Dumpster 4 CU 3 PU GX43 $192.14 Dumpster 4 CU 4 PU GX44 $267.97 Dumpster 4 CU 5 PU GX45 $343.80 Dumpster 4 CU 6 PU GX46 $419.63 Dumpster 6 CU 2 PU GX62 $174.46 Dumpster 6 CU 3 PU GX63 $288.21 Dumpster 6 CU 4 PU GX64 $401.95 Dumpster 6 CU 5 PU GX65 $515.70 Dumpster 6 CU 6 PU GX66 $629.45 Dumpster 8 CU 2 PU GX82 $232.61 Dumpster 8 CU 3 PU GX83 $384.27 Dumpster 8 CU 4 PU GX84 $535.94 Dumpster 8 CU 5 PU GX85 $687.60 Dumpster 8 CU 6 PU GX86 $839.27 Supp. No. 24 CDA:64 APPENDIX A—FRANCHISES Art.VI,Exh. B *mor EXHIBIT B. CITY CONTROLLED PROPERTY Exhibit "B" to Solid Waste Franchise Agreement City Controlled Property The list of services outlined in this exhibit will be provided to the City free of charge. This list will be updated as permanent facilities are added to the City facilities. Temporary construction projects are not included in this list. Commercial Service, Solid Waste and Recycling Additional Informa- Facility Location Size Frequency Qty Recycling tion Police Precinct 111 Polk Ave 4 yard 2xWeek 1 Yes City Hall 105 Polk Ave N/A N/A N/A Yes City Library 201 Polk Ave 2 yard 2xWeek 1 Yes Public Works 601 Thurm Blvd 2 yard 2xWeek 1 Yes Public Works 601 Thurm Blvd 30 yard OT As Needed 1 N/A Solid Waste Public Works 601 Thurm Blvd 30 yard OT As Needed 2 N/A Yard Waste Public Works 601 Thurm Blvd 15 yard OT As Needed 1 N/A Metal Fire Department 190 Jackson Ave 2 yard 2xWeek 1 Yes Manatee Park 701 Thurm Blvd 2 yard 2xWeek 1 Yes Leisure Services 7300 N.Atlantic N/A N/A N/A Yes Youth Center 7920 Orange Ave 96 gal 2xWeek 2 Yes Beachend Crossovers and Bus Stops—Solid Waste and Recycling Additional wrm.- Informa- Facility Location Size Frequency Qty Recycling tion Johnson Ave 96 gal 6xWeek 2 Yes Lincoln Ave 96 gal 6xWeek 2 Yes Buchanan Ave 96 gal 6xWeek 2 Yes Pierce Ave 96 gal 6xWeek 2 Yes Fillmore Ave 96 gal 6xWeek 2 Yes Taylor Ave 96 gal 6xWeek 2 Yes Polk Ave 96 gal 6xWeek 2 Yes Tyler Ave 96 gal 6xWeek 2 Yes Harrison Ave 96 gal 6xWeek 2 Yes Jackson Ave 96 gal 6xWeek 2 Yes Monroe Ave 96 gal 6xWeek 2 Yes Madison Ave 96 gal 6xWeek 2 Yes Jefferson Ave 96 gal 6xWeek 2 Yes Adams Ave 96 gal 6xWeek 2 Yes Washington Ave 96 gal 6xWeek 2 Yes Canaveral Sands 96 gal 6xWeek 2 Yes Harbor Heights 96 gal 6xWeek 2 Yes All Public Transportation Bus Stop locations currently in place and any future Bus Stop locations added by the City will be emptied six (6) times a week. It will be the City's responsibility to notify Contractor of additional locations. Supp. No. 24 CDA:65 Art.VI,Exh. B CAPE CANAVERAL CODE City Sponsored Special Events (Shall include trash and recycling carts) Friday Fest Taylor/Poinsetta Ayes 1st Friday of Each Month Space Coast Music Festival Manatee Park September Annually Heritage Day/Spring Festival Manatee Park March Annually Reindeer Run Cherie Down Park December Annually All Public City Trash and Recycling locations currently in place and any future locations added by the City will be emptied two (2) times a week. It will be the City's responsibility to notify Contractor of additional locations. Below is the list: Additional Informa- Facility Location. Size Frequency Qty Recycling tion Center St Park Center St on River Can 2xWeek 1 Yes W. Central Blvd Ditch w/Bench Can 2xWeek 1 No W. Central Blvd West of N.Atlantic Can 2xWeek 1 No N Atlantic Ave Across from 8580 Can 2xWeek 1 No Washington Ave Across from 217 Can 2xWeek 1 No Washington Ave Across from 313 Can 2xWeek 1 No Basketball Court 7920 Orange Ave Can 2xWeek 2 No Large Baseball Field 7920 Orange Ave Can 2xWeek 5 Yes Small Baseball Field 7920 Orange Ave Can 2xWeek 5 Yes SandPiper Park Magnolia & Harrison Can 2xWeek 4 Yes Veterans Memorial Polk & Orange Can 2xWeek 2 No Park Xerscape Park Taylor Ave Can 2xWeek 3 No Recreation Complex 7300 Taylor Ave Can 2xWeek 6 Yes Patriots Park Long Point & Sunset Can 2xWeek 2 No Manatee Sanctuary 701 Thurm Blvd Can 2xWeek 8 Yes Park Banana River Park 901 River Park Drive Can 2xWeek 2 No vseettw Supp. No. 24 CDA:66 CODE COMPARATIVE TABLE Nome, Ordinance/ Resolution Section Number Date Section this Code 94-100 Added 94-121, 94-122 110-592 110-651 Added 110-709 09-2014 9-16-14 2 110-1 Added 110-334(c)(18) Added 110-351(c))15),(16) Added 110-383(c)15. 110-489 12-2014 1-20-15 2 22-43(b) 110-224 13-2014 10-21-14 2(Att.A) Added App.A,Art.VI, §§ 1.0-30.0 3(Exh.A) Added App.A,Art. VI, Exhs.A, B 15-2014 12-16-14 2 110-538(7),(10) 01-2015 1-20-15 2 102-36 102-40(b)(3) 02-2015 1-20-15 2 22-33 04-2015 3-17-15 2 62-1 Added 62-2 62-5(a) 62-6 62-8(b),(c) 62-9(a)---(f) �r.rr Added 62-9(g),(h) 62-11 Rpld 62-12(a),(b) Rnbd 62-12(c) as 62-12(a) 05-2015 6-16-15 2 98-92(b)—(d),(t),(u) 110-475(b),(c) 06-2015 7-21-15 2 50-4(d)(4) Added 50-4(6) Added 50-5 54-16 07-2015 8-18-15 2 110-585-110-587 110-591, 110-592 110-605, 110-606 110-608, 110-609 Added 110-611 110-621(3) 110-622(1) 110-623-110-625 Added 110-626 Rnbd 110-626-110-629 as 110-627-110-630 110-644(1)a. Added 110-654(1)d. 110-669 Supp. No. 24 CCT:27 CAPE CANAVERAL CODE Ordinance/ Resolution Section Number Date Section this Code Rpld 110-670 Rnbd 110-671 as 110-670 110-687 110-689 09-2015 9-22-15 2 2-26 Supp. No. 24 CCT:28 CODE INDEX .tip- Section Section A ADULT ENTERTAINMENT ESTABLISH- MENTS. See: SEXUALLY ORIENTED ABANDONED PROPERTY BUSINESSES, ADULT ENTERTAIN- Additional remedies 34-179 MENT ESTABLISHMENTS Code enforcement board hearing proce- dures ADVERTISING Loudspeakers, sound amplifiers, etc., use Conduct 34-183(b) for Issuance,filing of board order 34-183(d) Noises, enumeration of prohibited 34-153(3) Setting date; notice 34-183(a) Signs Compliance with notice or order to remove; Land development code regulations.... 94-1 et seq. removal by city upon noncompliance 34-184 See: LAND DEVELOPMENT CODE Definitions 34-176 Disposition of property removed by city34-186 AFFIRMATION.See:OATH,AFFIRMATION, Entry upon private property authorized 34-177 SWEAR OR SWORN Liability of owner for towing, storage ex- AGENCIES OF CITY. See: DEPARTMENTS penses; collection of lien on private AND OTHER AGENCIES OF CITY property 34-188 Notice to abate AGENDA Contents 34-182(b) City council 2-60 Insurance 34-182(a) AGREEMENTS. See: CONTRACTS AND Notification of owner following removal by AGREEMENTS city Contents of notice 34-185(c) AIRCRAFT Documentation filed with state 34-185(e) Litter dropping from aircraft 34-35 Notice by publication 34-185(d) ALARM SYSTEMS Notice to owner 34-185(a) Appeals 30-33 State,other official agencies,notice to.. 34-185(b) Application for permit;emergency notifica- Penalty 34-178 tion;reporting changes in notification 30-28 ,44..,.- Property abandoned or lost on public prop- Audible sound systems 30-38 erty 34-180 Automatic telephone direct dialing device; Redemption prior to sale by city 34-187 digital alarm communicator system . 30-37 Signs and hazardous signs 94-62 Definitions 30-26 Storing,parking or leaving on private prop- Disconnection 30-32 Failure to disconnect; unauthorized re- erty 34-181 connection 30-34 Zoning; abandoned variance or special ex- Fees charged;malfunction,false alarms 30-31 ception 110-32 Fees schedule in general. See: FEES ACCESS (Ap- pendix B) Issuance, permit;posting 30-29 Franchise regulations in general. See: Operations 30-39 FRANCHISES(Appendix A) Penalty;enforcement 30-35 Land development code regulations re zon- Permit(alarm)required;fee;renewal 30-27 ing 110-26 et seq. Reconnection 30-36 See: LAND DEVELOPMENT CODE Response to activation; owner response, Stormwater drainage false alarm,corrective action 30-30 Illicit discharge and connection Suspension of MS4 access 78-407 ALCOHOLIC BEVERAGES Adult entertainment ACCESSORY STRUCTURES Establishments,operation of Land development code regulations re zon- Hours of operation 6-26 ing 110-26 et seq. Nudity on premises where served, See: LAND DEVELOPMENT CODE consumed or stored 6-27 Land development code regulations re zon- ACCIDENTS ing 110-26 et seq. Vehicles for hire See: LAND DEVELOPMENT CODE Report of accidents 80-88 Motor vehicles Definitions 6-66 ACTIONS. See: SUITS, ACTIONS AND Exceptions 6-69 OTHER PROCEEDINGS Open containers prohibited 6-68 Supp. No. 24 CDi:1 CAPE CANAVERAL CODE Section Section -.......- ALCOHOLIC BEVERAGES(Cont'd.) ANNEXATIONS(Cont'd.) Policy and intents 6-67 Franchise regulations in general. See: Ocean beach 6-53 FRANCHISES(Appendix A) Open containers Land development code regulations re zon- Prohibited in motor vehicles 6-68 ing 110-26 et seq. Outdoor entertainment events See:LAND DEVELOPMENT CODE Permit;alcohol sales and consumption. 10-62 Parking areas ANNUAL BUDGET. See: BUDGET Possession and consumption 6-51 APPROPRIATIONS Parks and recreation areas Certain ordinances not affected by Code.. 1-10(a)(6) Alcoholic beverages/tobacco products; gambling 54-14 ASSOCIATIONS Possession and consumption 6-52 Persons; definitions and rules of construe- Penalty 6-1 tion extended and applied to 1-2 Streets, alleys, sidewalks and parking ar- ATOMIC ENERGY USES eas,possession and consumption in . 6-51 Land development code regulations re zon- Vehicles for hire 80-87 ing 110-26 et seq. ALLEYS.See:STREETS,SIDEWALKS AND See: LAND DEVELOPMENT CODE OTHER PUBLIC WAYS ATTORNEY. See: CITY ATTORNEY AMUSEMENTS AND AMUSEMENT PLACES AUDIO ALARMS. See:ALARM SYSTEMS Outdoor entertainment events 10-46 et seq. See: OUTDOOR ENTERTAINMENT AUTOMATED TELEPHONE ALARM SYS- EVENTS TEMS. See:ALARM SYSTEMS Sexually oriented businesses, adult enter- tainment establishments 10-86 et seq. AUTOMOBILES. See: MOTOR VEHICLES Slot machines or devices 10-200 et seq. AND TRAFFIC ANIMALS AND FOWL AWNINGS OR CANOPIES Animal control officer 14-27 Signs Land development code regulations.... 94-1 et seq. Bea�cn mals prohibited on 14-28 See: LAND DEVELOPMENT CODE "' Bees and beehives prohibited 14-3 Bird sanctuary B Designation of 14-2 BEACHES County animal control ordinance Alcoholic beverage possession on Ocean Adopted 14-26 beach 6-53 Animal control officer 14-27 Animals prohibited on beaches 14-28 Parks and beaches Dune parking prohibited 74-59 Animals prohibited on 14-28 Parks and recreation Noises,enumeration of prohibited 34-153(5) Commercial beach vendor franchises... 54-5 Outdoor entertainment events Recreational fires,generally 50-5 Permit;turtle protection 10-68 Sea turtles generally 14-51 et seq. Parks See:ANIMALS AND FOWL Animals prohibited in 14-28 Domestic and other animals 54-13 Sleeping and camping in public areas and beaches 50-4 Penalty 14-1 Street excavations 66-61 et seq. Sanctuary See: STREETS, SIDEWALKS AND Sanctuary,designation of 14-2 OTHER PUBLIC WAYS Sea turtles Wetlands protection 106-26 et seq. Beach activities 14-58 See: LAND DEVELOPMENT CODE Definitions 14-52 Enforcement and penalty 14-53 BEER. See:ALCOHOLIC BEVERAGES Exemptions 14-54 Existing development 14-56 BEES AND BEEHIVES.See:ANIMALS AND New development 14-55 FOWL Publicly owned lighting 14-57 Purpose and scope 14-51 ANNEXATIONS Certain ordinances not affected by Code 1-10(a))13) Supp. No. 24 CDi:2 CODE INDEX `tea► Section Section BIDS AND BIDDING Bidders City bidders list 2-218(2) Purchasing generally 2-216 et seq. See:PURCHASES AND PURCHASING Supp. No. 24 CDi:2.1 "wrz.s., CODE INDEX .4... Section Section FINANCES(Cont'd.) FIRE PREVENTION(Cont'd.) Public service tax 70-26 et seq. Land development code; zoning See:TAXATION Nonconformities Purchasing 2-216 et seq. Intent;rules of interpretation;build- See:PURCHASES AND PURCHASING ing and fire codes;definitions 110-191 Quarterly report of income and expendi- Life Safety Code tures 2-206 Adopted 38-28 Sewer impact fees Fire inspector 38-29 Payment 78-122 Lockboxes required 38-32 Use of funds 78-127 Fire protection service charge 38-8 Spending order of fund balances 2-211 Fire protection services; emergency medi- Travel reimbursement policies and proce- cal services 38-56 dures 2-300 Fireworks generally 38-81 et seq. See: FIREWORKS FINES, FORFEITURES AND OTHER PEN- Flammable materials and liquids ALTIES Storage and dispensing restrictions 38-4 Certain ordinances not affected by Code.. 1-10(a)(1) Hazardous materials and substances Code does not affect prior penalties or forfeitures incurred 1-8 Abatement 38-91 Code enforcement Cleanup 38-91 Criminal nuisance abatement board Cost recovery 38-93 Penalties;fines;liens;recording 2-297 Definitions 38-90 Effect of repeal of ordinances on penalties Violations and penalties 38-93 incurred 1-9(b) Impact fees generally 2-231 et seq. Franchise regulations in general. See: See: IMPACT FEES FRANCHISES(Appendix A) Inspector General penalty; attorneys' fees and costs 1-15 Florida Fire Prevention Code 38-27 Penalties for specific acts,omissions,viola- Life Safety Code. See herein: Fire Preven- tions, etc. See specific subjects as in- tion Codes dexed Lockboxes Fire prevention code requirements 38-32 'wear- FIRE AND RESCUE IMPACT FEES Required 38-32 Fees schedule in general. See: FEES (Ap- Parks and recreation pendia B) Recreational fires in city parks 54-16 FIRE DEPARTMENT. See: FIRE PREVEN- Private entry gates 38-33 TION Recreational fires,generally 50-5 Safety fees 38-2 FIRE LANES Smoke detectors to have battery backup 38-7 Designation of 74-62 Violations and penalties 38-1 FIRE PREVENTION Volunteer fire department 38-57 Alarm systems generally 30-26 et seq. FIREWORKS See:ALARM SYSTEMS Application for permit;fees 38-83 Bottled gas Attending firefighters 38-88 Use restrictions;permit required 38-5 Definitions 38-81 Conformance 38-34 Insurance 38-86 Doors to businesses or public halls 38-6 Investigation of applicant; issuance or de- Fire chief nial of permit 38-84 Duties 38-58 Operators 38-85 Fire department Parks and recreation Fire protection services;emergency med- Fireworks; destructive devices; weap- ical services 38-56 ons; other potentially dangerous Volunteer fire department 38-57 uses 54-11 Fire inspectors Private use, storage, display prohibited; Designated as city code inspectors 38-3 public displays authorized by permit Life Safety Code re 38-29 only 38-82 Fire lanes, designation of 74-62 Storage of materials 38-87 Fire prevention codes Florida Fire Prevention Code FIRMS Adopted 38-26 Persons; definitions and rules of construc- Inspector 38-27 tion extended and applied to 1-2 Supp. No. 24 CDi:11 CAPE CANAVERAL CODE Section Section «..,..Y FLOOD DAMAGE PREVENTION FRANCHISES(Appendix A)(Cont'd.) Civil emergencies 18-1 et seq. Preferential or discriminatory practices See: CIVIL EMERGENCIES prohibited II-17 Construction site stormwater runoff con- Qualified severability II-24 trol 90-200 et seq. Rates, rules and regulations of grantee 1I-4 See: CONSTRUCTION Renewable energy 11-13 Fees schedule in general. See: FEES (Ap- Repeal of prior inconsistent ordinance, pendix B) resolutions and agreements I1-26 Floodplain management 90-26 et seq. Smart grid technology II-15 See: LAND DEVELOPMENT CODE Undergrounding of facilities II-14 Land development code regulations re zon- Gas franchise agreement ing 110-26 et seq. Books and records available to city .... III-XIV See:LAND DEVELOPMENT CODE Definitions III-IV Wetlands protection 106-26 et seq. Design and construction provisions .... III-XIII See: LAND DEVELOPMENT CODE Effective date of franchise;term III-VI Franchise fees III-IX FLOODLIGHTS Franchise operation III-VII Spill-over lighting requirements 34-206 et seq. Forfeiture or revocation III-X See:LIGHTS AND LIGHTING Grant of franchise III-V Indemnification and hold harmless III-XII FLORIDA RAILROAD AND PUBLIC UTILI- Liability and insurance III-XI TIES COMMISSION Miscellaneous provisions III-XVII Franchise regulations in general. See: Preferential or discriminatory practices FRANCHISES(Appendix A) prohibited III-XV FLORIDA. See: STATE Recitals and goals III-III Recitals III-I FORFEITURE.See:FINES,FORFEITURES Service standards III-XVI AND OTHER PENALTIES Short title III-II Transfer of ownership or control III-VIII FOWL. See:ANIMALS AND FOWL Solid waste franchise agreement Administrative charges VI-25.0 > FRANCHISES(Appendix A) Authorized representative's interpreta- (Note—Citations herein refer to articles tion and decision VI-10.0 and sections contained within Appen- Books and records available to city,quar- dix A Franchises) terly report VI-19.0 Electric Collection equipment and vehicles VI-7.0 Captions I1-20 Contractor's personnel VI-8.0 Competitive disadvantage: termination Contractor's representative VI-26.0 by grantee I1-8 Definitions VI-2.0 Default by grantee II-10 Disruption in collection and disposal ser- Default by grantor II-11 vices VI-24.0 Definition of"person" 11-25 Effective date/term VI-23.0 Effective date 11-28 Forfeiture or termination VI-14.0 Facilities requirements 11-2 Grant of franchise VI-3.0 Franchise fee II-5 Indemnification and hold harmless .... VI-17.0 Grant of electric utility franchise: term Interference with persons public and of franchise II-1 private property and utilities VI-18.0 Grantor's right to audit 1I-12 Level of service; customer complaints; Grantor's rights of intervention II-22 annual evaluation by city VI-9.0 Headings: entire agreement; governing Liability and insurance VI-16.0 law 11-21 Miscellaneous provisions VI-22.0 Incorporation into code 11-27 Other city permits VI-11.0 Indemnification 11-3 Performance bond alternatives VI-12.0 Infrastructure hardening 1I-16 Preferential or discriminatory practices Jurisdiction and venue 11-23 prohibited VI-20.0 Legislative or regulatory action 11-9 Public awareness campaign VI-30.0 Most favored nations I1-6 Rates and charges compensation to con- No joint venture 1I-18 tractor VI-5.0 Noncompetition by grantor I1-7 Recitals VI-1.0 Notices 11-19 Regulatory authority VI-15.0 Supp. No. 24 CDi:12 CODE INDEX ter. Section Section FRANCHISES(Appendix A)(Cont'd.) Schedules and routes VI-6.0 Scope of work VI-4.0 Sovereign immunity VI-28.0 Storms; hurricanes; natural disasters; calamities VI-21.0 Time of the essence VI-27.0 Title to refuse VI-29.0 Transfer of ownership or control VI-13.0 FRANCHISES(Generally) Certain ordinances not affected by Code 1-10(a)(4) Franchise regulations in general. See: FRANCHISES(Appendix A) Parks and recreation Commercial beach vendor franchises54-5 Commercial recreational franchises 54-6 Streets,sidewalks and other public ways Franchise agreements 66-1 FRAUD Solicitors, peddlers and itinerant mer- chants 16-30 F.S. (Florida Statutes) Definitions and rules of construction 1-2 FUEL GAS. See: GAS FUEL OIL Public service tax 70-26 et seq. See: TAXATION G GARAGE SALES Land development code regulations re zon- ing 110-26 et seq. See: LAND DEVELOPMENT CODE Supp. No. 24 CDi:12.1 CODE INDEX 'raw- Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Required 94-31 Permit Revocation of 94-34 Approval of plans and specifica- Placement tions 98-73 Restrictions on 94-61 Issuance 98-75 Prohibited signs and sign features Master survey point 98-74 Flashing signs prohibited 94-6(d) Procedures 98-70 Obstruction of free ingress or egress. 94-6(b) Required;penalty 98-69 Off-site signs 94-6(g) Review 98-72 Portable signs 94-6(e) Submission of construction plans Public utility poles and trees, signs and specifications 98-71 on 94-6(a) Terms; revocation 98-76 Rights-of-way,signs on 94-6(c) Submission of data 98-81 Vehicles,signs on 94-6(f) Definitions 98-1 Projecting signs 94-79 Final plats Purpose and scope 94-2 Construction of 98-70(2) R-1 Low Density Residential District .. 94-96 Improvements R-2 Medium Density Residential Dis- Boundary line survey 98-93 trict 94-97 Design standards R-3 Medium Density Residential Dis- Alleys 98-110 trict 94-98 Blocks 98-106 Severability 94-120 Bridges 98-116 Shopping center or multi-tenant center Bulkheads or retainer walls 98-118 in any district 94-100 Canal 98-117 Temporary off-premises signs 94-81 Easements 98-108 Temporary on-premises signs 94-76 Lots 98-107 Traffic hazard,signs constituting 94-62(c) Potable water systems 98-112 Variances 94-85 Public sites and open spaces 98-109 Viewpoint neutral 94-115 Sanitary sewer system 98-113 Wind pressure and dead load 94-9 Streets,roads and alleys -.air- Site plan Generally 98-114 Wetlands protection development requir- Technical specifications 98-115 ing 106-28 Surface and storm drainage 98-111 Size limits Development and enforcement of pro- Signs 94-64(g) visions 98-86 Solid waste Drainage 98-91 Concurrency management Elevation 98-88 Generally 86-1 et seq. Final acceptance of work 98-94 See herein: Concurrency Manage- Permanent markers 98-87 ment Sewers 98-90 Stagnant water conditions Streets 98-92 Configurations 90-166 Water supply 98-89 Stormwater management Permits Generally 90-116 et seq. Construction permits 98-69 et seq. See herein: Floods See within this subheading: Con- Streets struction Subdivisions Planning and zoning board Design standards 98-114,98-115 Final plat Improvements 98-92 Planning and zoning board and Names 98-119 city council review; general Subdivisions criteria for approval 98-61 Appeals and arbitrations tr98-5 Powers of 98-3 Certificate of completion 98-83 Preliminary plats,review 98-46 City Plats and lot splits Review of preliminary plan 98-45 Division of land;review and approval Construction required; zoning 98-31 Certificate of completion Final plat Issuance of 98-83 Application for approval 98-60 Inspection 98-80 Conformance to preliminary plat . 98-56 Notification 98-82 Data required for final approval.. 98-58 'tir Supp. No. 24 CDi:21 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Documents required prior to ap- Title; applicability; intent and pur- proval 98-59 pose;tree bank 102-37 Planning and zoning board and Tree protection area signage(Appen- city council review; general dix A) criteria for approval 98-61 Tree replacement guidelines 102-43 Recording 98-62 Tree replacement standards 102-54 Lot splits 98-66 Voluntary tree planting 102-47 Preapplications Waivers;incentive program;adminis- Review procedures 98-36 trative interpretation appeals; Preliminary plat incentive program 102-48 City review 98-45 Undesirable species, list of 102-45 General criteria for approval 98-47 Unsafe building abatement code 82-56 et seq. Information required 98-41 See herein:Buildings and Building Reg- Planning and zoning board proce- ulations dures 98-46 Variances Time limit 98-48 Generally 94-85 Purpose 98-2 Stormwater management 90-121 Remedies 98-6 Subdivisions 98-4 Variance Variances,special exceptions,rezonings, Application 98-4(b) administrative appeals 10-26 et seq. Conditions 98-4(e) See herein:Zoning Hardship 98-4(a) Vegetation Prerequisites to granting 98-4(d) Tree protection 102-26 et seq. See herein: Tree Protection Public hearing;notice 98-4(c) Vegetation buffers Wetlands protection requiring subdivi- Stormwater management sion plat 106-28 Native vegetation buffers 90-177 Surface and storm drainage Vehicles Subdivision design standards 98-111 Signs on 94-6(f) Surface water Vested rights -........- Channeled into sanitary sewer 90-170 Concurrency management 86-13 Temporary storage units 82-400 Viewpoint neutral 94-115 Traffic Water supply Concurrency management Subdivision improvements 98-89 Generally 86-1 et seq. Wetlands protection See herein: Concurrency Manage- Definitions 106-26 ment Development requiring site plan or sub- Signs constituting traffic hazards 94-62(c) division plat 106-28 Tree protection Mitigation 106-31 Land clearing Permitted uses 106-29 Definitions 102-36 Prohibited uses 106-30 Development and construction Purpose and intent 106-27 Tree protection during;periodic in- Wind pressure and dead load spection 102-46 Signs 94-9 Enforcement and penalties 102-38 Zoning Implementing division AlA Economic Opportunity Overlay Dis- Rules and regulations and fees 102-51 trict List of Administration Desirable species and plants 102-52 General 110-605 Undesirable species 102-53 Intent 110-604 Minimum tree requirement 102-45 Nonconforming uses,structures and Open burning of natural cover 102-50 buildings 110-608 Permits 102-39 Plan submittals 110-607 Criteria; exemptions;standards of Procedures for design compatibil- review 102-40 ity approvals 110-606 Prohibitions 102-44 Property containing both commer- Remedial action 102-49 cial and residential zoning dis- Special waiver provision 102-42 trict designations 110-611 Specimen trees 102-41 Similar and compatible uses 110-610 Supp. No. 24 CDi:22 CODE INDEX -*mew- Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Use matrix 110-609 Building setbacks and building Applicability 110-587 zones 110-625 Architectural guidelines Intent 110-621 Articulation 110-643 LEED or LEED equivalent design 110-622 Awnings and canopies 110-654 Lot coverage 110-628 Building continuity 110-644 On-site circulation 110-629 Color 110-653 Project size 110-627 Entry treatment 110-648 Utility and service areas 110-630 Exterior surface materials 110-650 Access Ground floor lighting 110-655 C-1 Low Density Commercial District 110-339 Intent 110-641 Generally 110-472 Proportion 110-646 Offstreet parking 110-493 Rhythm 110-647 R-1 Low Density Residential District 110-278 Roof lines 110-649 R-2 Medium Density Residential Dis- Scale 110-645 trict 110-298 Similar and compatible design ... 110-642 R-3 Medium Density Residential Dis- Storefronts 110-652 trict 110-318 Utilities and stormwater manage- Accessories ment area screening 110-656 Swimming pools 110-583 Windows and transparency 110-651 Accessory uses and structures Boundary and organization 110-586 C-1 Low Density Commercial District 110-333 Definitions 110-592 C-2 Commercial/Manufacturing Dis- Design principles 110-591 trict 110-382 Goals 110-589 Generally 110-468 Introduction 110-585 M-1 Light Industrial and Research Landscaping and Development District 110-353 Building landscaping 110-688 R-1 Low Density Residential District 110-273 Commercial site plan review 110-684 R-2 Medium Density Residential Dis- Nor Intent 110-683 trict 110-293 Project perimeter 110-687 R-3 Medium Density Residential Dis- Required screening for commercial trict 110-313 parking facilities 110-690 Residential planned unit develop- Screening between commercial or ments 110-439 industrial zoning districts or Administrative review uses and residential districts Appeal notice,hearing 110-29(b) or uses 110-686 Authority 110-29(a) Surface parking lots 110-689 Stay of proceedings 110-29(c) Water efficient landscaping 110-685 Alcoholic beverages Objectives 110-590 Special exceptions for establishments Parking serving 110-171 Intent 110-668 Temporary alcoholic beverage per- Parking structures 110-670 mits 110-172 Surface parking 110-669 Appeals Purpose 110-588 Special exceptions. See herein: Vari- Signage ances,Special Exceptions,Rezon- All signs 110-702 ings,Administrative Appeals Awning signs 110-703 Annexations Business park/area multi-user sign 110-709 Zoning classification of 110-256 Hanging signs 110-707 Antenna Intent 110-701 Residential use/Satellite dishes 110-478 Pedestrian signs 110-704 Wireless communications 110-483 Projecting signs 110-705 Area Wall signs 110-706 C-1 Low Density Commercial District 110-336 Window signs 110-708 Dimension or area reduction below Site planning minimum 110-254 Building frontage 110-626 M-1 Light Industrial and Research Building height 110-624 and Development District 110-356 Building orientation 110-623 R-1 Low Density Residential District 110-276 Supp. No. 24 CDi:23 CAPE CANAVERAL CODE Section Section -.....- LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) R-3 Medium Density Residential Dis- Area and dimensions 110-385 trict 110-316 Intent; applicability 110-380 Residential planned unit develop- Landscaping, screening and parking 110-387 ments Minimum setbacks 110-386 Minimum lot area 110-439 Parking and loading 110-389 Reuse of area used for density calcu- Performance standards 110-388 lation 110-253 Principal uses and structures 110-381 Townhouses 110-372 Prohibited uses and structures 110-384 Atomic energy uses 110-480 Special exceptions permissible by Board of adjustment 110-2 board of adjustment 110-383 See also herein: Variances, Special Camping equipment Exceptions, Administrative Ap- Location of 110-551 peals Camping equipment,boats and boat trail- Boats and boat trailers ers, location of 110-551 Living aboard 110-552 Certificate of occupancy Location of 110-551 Hotels and motels 110-122 Bonding Required 110-121 Residential planned unit develop- Commercial districts ments 110-407 C-1 Low Density Commercial District 110-331 et seq. Boundaries See within subheading: C-1 Low Reconsideration of district boundary Density Commercial District changes 110-139 C-2 Commercial/Manufacturing Dis- Rules for interpretation of district trict 110-380 et seq. boundaries 110-248 See within this subheading: C-2 Breeze requirements Commercial/Manufacturing R-3 Medium Density Residential Dis- District trict, minimum breeze require- Landscaping and screening between ment 110-319 commercial or industrial zoning Building official districts and residential zoning Duties of 110-88 districts 110-566 -....b' Building permits Commercial uses Residential planned unit develop- Buildings required for 110-481 ments 110-406 Common recreation and open space Townhouses 110-378 Residential planned unit develop- Buildings ments,minimum 110-404, 110- Continuance of nonconforming strut- 438 tures 110-193 Complaints of violations 110-90 Lot and street requirements for 110-255 Conflicts with other ordinances 110-86 Nonconforming uses of structures or Conformity to plans, specifications, in- of structures and premises in tendment uses and applications 110-91 combination, change of use .... 110-195 Construction Required for commercial uses 110-481 Swimming pools 110-581 Setback lines 110-536 Courts,minimum width of 110-473 Structures approved by special excep- Dedication tions 110-161 Public easement 110-477 C-1 Low Density Commercial District Public land 110-476 Accessory uses and structures 110-333 Definitions 110-1 Area and dimensions 110-336 Density Assisted living facilities 110-488 C-1 Low Density Commercial District 110-331 et seq. Intent; applicability 110-331 See within subheading: C-1 Low Landscaping, screening and parking 110-338 Density Commercial District Minimum setbacks 110-337 R-1 Low Residential District 110-271 et seq. Offstreet parking and access 110-339 See within subheading: R-1 Low Principal uses and structures 110-332 Residential District Prohibited uses and structures 110-335 R-2 Medium Density Residential Dis- Special exceptions permissible by trict 110-291 et seq. board of adjustment 110-334 See within subheading: R-2 Me- C-2 Commercial/Manufacturing District dium Density Residential Dis- Accessory uses and structures 110-382 trict Supp. No. 24 CDi:24 CODE INDEX err Section Section LAND DEVELOPMENT CODE(Cont'd.) R-3 Medium Density Residential Dis- trict 110-311 et seq. See within subheading: R-3 Me- dium Density Residential Dis- trict Supp. No. 24 CDi:24.1 r..»> CODE INDEX err Section Section NOISE(Cont'd.) OBSTRUCTIONS(Cont'd.) Enumeration of prohibited noises 34-153 Signs Land development code regulations re zon- Land development code regulations.... 94-1 et seq. ing 110-26 et seq. See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE Solid waste collection 62-11 Parks and recreation Noise and other conduct 54-18 OCCUPANCY Franchise regulations in general. See: NUDITY FRANCHISES(Appendix A) Alcoholic beverage establishments Nudity on premises where served, con- OCCUPATIONAL LICENSE TAX. See: TAX- sumed or stored 6-27 ATION Sexually oriented businesses, adult enter- OFFENSES tainment establishments 10-86 et seq. Abandoned property 34-181 et seq. NUISANCES See:ABANDONED PROPERTY Abandoned property generally 34-181 et seq. Certain ordinances not affected by Code.. 1-10(a((1( See:ABANDONED PROPERTY Code does not affect prior offenses 1-8 Criminal nuisance abatement board 2-292 et seq. Court costs for police education and train- See: CODE ENFORCEMENT ing 50-3 General penalty; attorneys'fees and costs 1-15(b) Effect of repeal of ordinances and offenses Noise generally 34-151 et seq. committed 1-9(b) See: NOISE General penalty; attorneys' fees and costs 1-15 Property maintenance standards 34-91 et seq. Penalties for specific acts,omissions,viola- See: PROPERTY MAINTENANCE tions, etc. See specific subjects as in- STANDARDS dexed Spill-over lighting 34-206 et seq. Recreational fires,generally 50-5 See: LIGHTS AND LIGHTING State misdemeanor acts adopted,penalties 50-1 Weeds and vegetation 34-121 et seq. OFFICERS AND EMPLOYEES See: WEEDS AND DEAD VEGETA- Acting city manager 2-102 TION Animal control officer 14-27 Notice to remedy notices 34-123 Public nuisances prohibited 34-122 City clerk Duties 2-116 NUMBERS AND NUMBERING City manager 2-101 et seq. Definitions and rules of construction 1-2 Powers and duties 2-101 Numbering of buildings and property 82-366 et seq. Classification See: LAND DEVELOPMENT CODE 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 p Fire chief 38-58 Floodplain management 90-39 et seq. OATH,AFFIRMATION,SWEAR OR SWORN See: LAND DEVELOPMENT CODE Definitions and rules of construction 1-2 Housing OBLIGATIONS Fair housing Certain ordinances not affected by Code 1-10(a)(2) Administrator authority and respon- sibilities 36-3 OBNOXIOUS SUBSTANCES Joint authority Property maintenance standards 34-91 et seq. Definitions and rules of construction... 1-2 See: PROPERTY MAINTENANCE Police chief 42-26 STANDARDS Precinct supervisor 42-26 OBSCENITY. See: INDECENCY AND OB- Property SCENITY Registration and maintenance of prop- erties in foreclosure OBSTRUCTIONS Additional authority of enforcement Parks and recreation officers;immunity 82-123 Injuring, interfering with, etc., build- Salaries ings and other property 54-20 Certain ordinances not affected by Code 1-10(a))14) Interference with personnel/park opera- Sergeant at arms tions 54-21 City council 2-63 -.r Supp. No. 24 CDi:33 CAPE CANAVERAL CODE Section Section OFFICERS AND EMPLOYEES(Cont'd.) PARKING(Cont'd.) Travel reimbursement policies and proce- Land development code dures Zoning Reimbursement policy and procedures AlA Economic Opportunity Overlay for official travel 2-300 District Landscaping;required screening for ORDINANCES, RESOLUTIONS, ETC. City attorney commercial parking facilities 110-690 Duties 2-126(4) Outdoor entertainment events City council Permit Preparation of ordinances and resolu- Location of public parking; transpor- tions prior to meetings 2-59 tation services 10-67 County animal control ordinance 14-26 et seq. Metered parking 10-72 See:ANIMALS AND FOWL PARKS AND RECREATION Franchise regulations in general. See: Airsoft and paintball guns;BB guns 54-23 FRANCHISES(Appendix A) Alcoholic beverages Street abandonment,ordinance required . 66-39 Ocean Beach 6-53 OUTDOOR ADVERTISING Possession and consumption 6-52 Signs Alcoholic beverages/tobacco products;gam- Land development code regulations.... 94-1 et seq. bling 54-14 See: LAND DEVELOPMENT CODE Animals Prohibited in parks 14-28 OUTDOOR ENTERTAINMENT EVENTS Boats,vessels regulated 54-46 et seq. Compliance with other laws 10-48 See: BOATS, DOCKS AND WATER- Definitions 10-47 WAYS General provisions 10-46 Commercial beach vendor franchises 54-5 Local business tax receipt required 1049 Authority 54-5(a) Penalties and enforcement 10-50 Award of franchise 54-5(b) Permit Franchise fee 54-5(c) Alcohol sales and consumption 10-62 Identification requirements 54-5(g) Application 10-61 Cleanup and damage deposit 10-66 Location of commercial beach vending . 54-5(h) Closure or gating of public property and Manner and conduct of beach vending . 54-5(e) streets 10-64 Minimum appearance/dress requirements 54-5(f) Emergency suspension or cancellation of Minimum requirements of franchisees . 54-5(d) permitted outdoor entertainment Termination or suspension of franchise. 54-5(i) event 10-77 Commercial recreational franchises Fees and deposits 10-73 Authority 54-6(a) Insurance requirements 10-63 Commercial solicitation 54-4 Life and public safety requirements.... 10-75 Concurrency management 86-1 et seq. Location of public parking; transporta- See: LAND DEVELOPMENT CODE tion services 10-67 Culture and leisure services board Metered parking 10-72 Duties 54-28 Other permits and licenses 10-74 Established 54-26 Other public gatherings 10-65 Indebtedness 54-29 Revocation of permits 10-76 Definition of city park 54-1 Temporary structures;integrity,height, Domestic and other animals 54-13 location 10-69 Fees schedule in general. See: FEES (Ap- Turtle protection 10-68 pendix B) Vendors 10-70 Fireworks; destructive devices; weapons; Water craft, use of 10-71 other potentially dangerous uses.... 54-11 OWNER Flood resistant development 90-96 et seq. Definitions and rules of construction 1-2 See: LAND DEVELOPMENT CODE Glass containers 54-22 P Hours of operation and general use of city parks 54-7 PARKING Hunting/wildlife preservation and conser- General regulations 74-56 et seq. vation 54-12 See: MOTOR VEHICLES AND TRAIL Impact fees generally 2-231 et seq. FIC See: IMPACT FEES Supp. No. 24 CDi:34 CODE INDEX ,aiiii- Section Section PARKS AND RECREATION(Cont'd.) PEDDLERS, CANVASSERS AND SOLICI- Injuring, interfering with, etc., buildings TORS(Cont'd.) and other property 54-20 Exhibition of permit on request 16-58 Interference with personnel/park opera- Investigation; denial or issuance of; re- tions 54-21 cord 16-53 Litter Notice of hearing 16-55 Throwing in river or other body of water Required 16-51 in parks 34-36 Revocation 16-54 Noise and other conduct 54-18 Report of violations 16-31 Peddling/distribution of materials 54-19 Solicitor to leave when requested 16-29 Pollution and litter 54-9 Procedures for naming of city parks PENALTIES. See: FINES, FORFEITURES Assistance petitions 54-2(e) AN D OTHER PENALTIES Generally 54-2(b) PERSON Intent and purpose;findings 54-2(a) Definitions and rules of construction 1-2 Minimum community support for assis- tance petitions 54-2(f) PERSONNEL. See: OFFICERS AND EM- Naming guidelines 54-2(c) PLOYEES Other factors 54-2(d) Promulgation of rules; city fees; preexist- PHONOGRAPHS ing rules;conflicts with rules;enforce- Noises, enumeration of prohibited 34-153(2) ment and penalties PHOTOGRAPHY Conflicts with rules 54-24(h) Motion and still photography production Enforcement,generally 54-24(i) permits Fees 54-24(f) Application for permit 16-66 Initiation of code enforcement 54-24(j) City manager to act as agent for city .. 16-64 Penalties 54-24(k) Definitions 16-63 Preexisting rules 54-24(g) Nonexemption from other city Code re- Recreational fires,generally 50-5 quirements 16-67 Recreational fires in city parks 54-16 Purposes 16-61 Win- Removal of natural resources 54-10 Recovery of costs for extraordinary ser- Sleeping and camping 54-17 vices 16-68 Street excavations 66-61 et seq. Required 16-65 See: STREETS, SIDEWALKS AND Suspension and revocation 16-65 OTHER PUBLIC WAYS Title 16-60 Suspension of use of city park 54-25 Violations and penalties 16-65 Traffic 54-8 Trespass 54-15 PIPE LINES Vessels regulated 54-46 et seq. Franchise regulations in general. See: See: BOATS, DOCKS AND WATER- FRANCHISES(Appendix A) WAYS Wetlands protection 106-26 et seq. PLANNED UNIT DEVELOPMENTS See: LAND DEVELOPMENT CODE Land development code regulations re zon- ing 110-26 et seq. PARTNERSHIPS See: LAND DEVELOPMENT CODE Persons; definitions and rules of construc- tion extended and applied to 1-2 PLANNING AND DEVELOPMENT Business and cultural development board. 22-26 et seq. PEDDLERS, CANVASSERS AND SOLICI- Community appearance review board .... 22-36 et seq. TORS Comprehensive plan Definitions 16-26 Designation of agency,department,com- Fraud 16-30 mittee or person to prepare 58-58 Harassment prohibited 16-28 Floodplain management 90-26 et seq. Parks and recreation See: LAND DEVELOPMENT CODE Commercial solicitation 54-4 Franchise regulations in general. See: Peddling/distribution of materials 54-19 FRANCHISES(Appendix A) Permission to enter premises required6-27 Impact fees generally 2-231 et seq. Permit See: IMPACT FEES Appeals 16-56 Land development code regulations re zon- Application 16-52 ing 110-26 et seq. Badge for solicitors 16-57 See: LAND DEVELOPMENT CODE Supp. No. 24 CDi:35 CAPE CANAVERAL CODE Section Section - PLANNING AND DEVELOPMENT(Cont'd.) POLICE DEPARTMENT(Cont'd.) Local planning agency Vehicles for hire Designation and establishment 58-56 Receiving police radio calls prohibited; Designation of agency,department,com- radios which may be used 80-81 mittee or person to prepare corn- prehensive plan 58-58 POLITICAL SIGNS Duties and responsibilities 58-57 Signs Notice requirement for amendments to fu- Land development code regulations.... 94-1 et seq. ture land use map 58-1 See: LAND DEVELOPMENT CODE Plan checking fee PROCEEDINGS.See:SUITS,ACTIONS AND Fees schedule in general. See: FEES OTHER PROCEEDINGS (Appendix B) Planning and zoning board 110-3 PROFESSIONS See: LAND DEVELOPMENT CODE Local business tax 70-66 et seq. Sanitary sewer system 78-26 et seq. See: TAXATION See: SEWERS AND SEWAGE DIS- PROPERTY POSAL Abandoned property generally 34-180 et seq. Signs See:ABANDONED PROPERTY Land development code regulations.... 94-1 et seq. Code enforcement citations See: LAND DEVELOPMENT CODE Enter upon property (inspection war- Street excavations 66-61 et seq. rant) 2-290 See: STREETS, SIDEWALKS AND Criminal nuisance abatement board 2-292 et seq. OTHER PUBLIC WAYS See: CODE ENFORCEMENT Subdivisions Eminent domain powers re economic devel- Land development code regulations.... 98-1 et seq. opment 2-70 See: LAND DEVELOPMENT CODE Numbering of buildings and property 82-366 et seq. Tree protection,land clearing 102-36 et seq. See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE Outdoor entertainment events Vested rights 115-1 et seq. Permit;closure or gating of public prop- See:VESTED RIGHTS erty and streets 10-64 Parks and recreation -......- PLANT LIFE.See:WEEDS AND DEAD VEG- Injuring, interfering with, etc., build- ETATION ings and other property 54-20 PLATS. See: SURVEYS,MAPS AND PLATS Property maintenance code 82-221 et seq. Buildings and building regulations.See: PLUMBING LAND DEVELOPMENT CODE Fees schedule in general. See: FEES (Ap- Registration and maintenance of proper- pendix B) ties in foreclosure Floodplain management 90-26 et seq. Additional authority of enforcement of- See: LAND DEVELOPMENT CODE ficers; immunity 82-123 Public service tax 70-26 et seq. Definitions 82-117 See: TAXATION Enforcement;penalties 82-124 Sanitary sewer system 78-26 et seq. Maintenance requirements 82-121 See: SEWERS AND SEWAGE DIS- Mortgagee inspection requirements82-120 POSAL Purpose and intent 82-116 Maintenance of plumbing system 78-35 Registration fees 82-119 Registration requirements 82-118 POLES AND WIRES Security requirements 82-122 Signs Supplemental authority 82-125 Land development code regulations.... 94-1 et seq. Signs See: LAND DEVELOPMENT CODE Land development code regulations94-1 et seq. See: LAND DEVELOPMENT CODE POLICE DEPARTMENT Sleeping and camping in public areas and Court costs for police education and train- beaches 50-4 ing 50-3 Vested rights 115-1 et seq. Fees schedule in general. See: FEES (Ap- See:VESTED RIGHTS pendix B) Police department PROPERTY MAINTENANCE STANDARDS Duties of chief of police and/or precinct Authority 34-92 supervisor 42-26 Building appearance and maintenance ... 34-98 Supp. No. 24 CDi:36 CODE INDEX `40121.- Section Section SOLID WASTE STATE (Cont'd.) City Vehicles for hire Authority to collect 62-3 Application of provisions to vehicle, op- Ownership by city 62-4 erator regulator by state govern- Complaint procedure 62-6 ment 80-2 Concurrency management 86-1 et seq. See: LAND DEVELOPMENT CODE STORAGE Containers Abandoned vehicles on private property .. 34-181 Required 62-8 Fireworks Definitions 62-1 Private use,storage,display prohibited; Fees schedule in general. See: FEES (Ap- public displays authorized by per- pendix B) mit only 38-82 Franchise regulations in general. See: Storage of materials 38-87 FRANCHISES(Appendix A) Temporary storage units 82-400 Ownership by city 62-4 STORMWATER DRAINAGE Procedures for violations 62-2 Certain ordinances not affected by Code.. 1-10(a)(17( Proper disposal prerequisite to collection 62-10 Construction site stormwater runoff con- Public nuisances prohibited trol 90-200 et seq. Dead plants, refuse,debris See: CONSTRUCTION Yards,etc.,to be kept free of 34-122 Illicit discharge and connection Regulations on file 62-12 Applicability 78-403 Residential solid waste pickup conditions Authorized enforcement agency 78-401 Bulk trash 62-9(g) Definitions 78-402 E-waste 62-9(h) Discharge prohibitions 78-406 Location of solid waste containers 62-9(f) Enforcement 78-413 Pickup 62-9(e) Industrial or construction activity dis- Recyclable material 62-9(b) charges 78-408 Separation of solid waste 62-9(a) Monitoring of discharges 78-409 Solid waste 62-9(d) Notification of spills 78-412 Yard waste 62-9(c) Requirements to prevent, control, and wow- Sanitary sewer system 78-26 et seq. reduce stormwater pollutants by See: SEWERS AND SEWAGE DIS- the use of BMPs 78-410 POSAL Responsibility for administration 78-404 Schedule of fees 62-5 Short title: purpose and objectives 78-400 Transporting 62-7 Suspension of MS4 access 78-407 Tree protection,land clearing 102-36 et seq. Ultimate responsibility 78-405 See: LAND DEVELOPMENT CODE Watercourse protection 78-411 Unlawful acts Stormwater drainage utility Burning or burying of solid waste 62-11(c) Creation 78-275 Container of another 62-11(b) Definitions,construction 78-277 Hazardous waste 62-11(f) Determination of ERUs 78-301 Obstruction 62-11(a) Fee,stormwater 78-300 Unlawful accumulations 62-11(d) Findings,determinations,powers 78-276 Unlawful disposal 62-11(e) Operating budget 78-278 Program responsibility 78-325 SOUND AMPLIFIERS Stormwater management utility enter- Noises,enumeration of prohibited 34-153(3) prise fund 78-326 Subdivisions STATE Land development code regulations98-1 et seq. Abandoned property See: LAND DEVELOPMENT CODE Notification of owner;following removal by city STORMWATER MANAGEMENT Documentation filed with state 34-185(e) Fees schedule in general. See: FEES (Ap- Definitions and rules of construction 1-2 pendix B) Election code adopted 26-1 Sanitary sewer system 78-26 et seq. Law See: SEWERS AND SEWAGE DIS- City attorney POSAL Duties 2-126(3) Street excavations 66-61 et seq. Misdemeanor acts adopted, penalty 50-1 See: STREETS, SIDEWALKS AND Parking, state law adopted 74-56 OTHER PUBLIC WAYS -.r Supp. No. 24 CDi:41 CAPE CANAVERAL CODE Section Section STORMWATER MANAGEMENT(Cont'd.) STREETS,SIDEWALKS AND OTHER PUB- Wetlands protection 106-26 et seq. LIC WAYS (Cont'd.) See: LAND DEVELOPMENT CODE Property maintenance standards 34-91 et seq. See: PROPERTY MAINTENANCE STREETS,SIDEWALKS AND OTHER PUB- STANDARDS LIC WAYS Public service tax generally 70-26 et seq. Alcoholic beverages See: TAXATION Possession and consumption 6-51 Right-of-way Beach end streets Use agreements 66-1 Camping prohibited 50-4 Camping prohibited 50-4 Certain ordinances not affected by Code.. 1-10(a)(5) p g Concurrency management system 86-1 et seq. Signs See: MOTOR VEHICLES AND TRAF- Land development code regulations.... 94-1 et seq. FIC See: LAND DEVELOPMENT CODE Excavations Solicitors, peddlers and itinerant mer- City chants 16-26 et seq. Authority of city 66-64 See: PEDDLERS, CANVASSERS AND Right to restore surface 66-69 SOLICITORS Cleanup 66-68 Solid waste generally 62-1 et seq. Emergencies 66-70 See: SOLID WASTE Engineering details 66-66 Transporting regulations 62-7 Guarantee 66-67 Street lights Inspections 66-63 Sea turtle regulations 14-57 Liability of city 66-62 Streets Method of installation 66-65 Abandonment Penalty 66-61 Authority 66-36 Permit Ordinance required 66-39 Application 66-82 Petition Deposits 66-84 For action 66-37 Fee 66-83 Procedure 66-38 Inspections 66-85 Civil liability for damage 66-26 Required 66-81 Speed bumps 66-27 Fire lanes,designation of 74-62 Subdivisions Franchise agreements 66-1 Land development code regulations.... 98-1 et seq. Franchise regulations in general. See: See: LAND DEVELOPMENT CODE FRANCHISES(Appendix A) Traffic Grades Certain ordinances not affected by Code 1-10(a)(8) Certain ordinances not affected by Code 1-10(a))10) Travel on other than streets or highways 74-1 Handbills Tree protection,land clearing 102-36 et seq. Throwing or distributing in public places 34-51 See: LAND DEVELOPMENT CODE Impact fees generally 2-231 et seq. Trucks generally 74-26 et seq. See: IMPACT FEES See: MOTOR VEHICLES AND TRAF- Land development code regulations re zon- FIC ing 110-26 et seq. Weeds and vegetation 34-121 et seq. See: LAND DEVELOPMENT CODE See: WEEDS AND DEAD VEGETA- Lighting 34-206 et seq. TION See: LIGHTING Wetlands protection 106-26 et seq. Litter 34-26 et seq. See: LAND DEVELOPMENT CODE See: LITTER Yelling, shouting,hooting,whistling, sing- Local planning agency 58-56 et seq. ing See:PLANNING AND DEVELOPMENT Noise SUBDIVISIONS Enumeration of prohibited 34-153(4) Dedicating or accepting Open containers Certain ordinances not affected by Code 1-10(a))12) Prohibited in motor vehicles 6-68 Fees schedule in general. See: FEES (Ap- Outdoor entertainment events pendix B) Permit;closure or gating of public prop- Floodplain management 90-26 et seq. erty and streets 10-64 See: LAND DEVELOPMENT CODE Parks and recreation areas 54-1 et seq. Impact fees generally 2-231 et seq. See: PARKS AND RECREATION See: IMPACT FEES Supp. No. 24 CDi:42 CODE INDEX 'quo.- Section Section SUBDIVISIONS(Cont'd.) TAXATION(Cont'd.( Land development code Local business tax Regulations re subdivisions 98-1 et seq. Contractors and subcontractors See: LAND DEVELOPMENT CODE Special requirements for 70-85 Regulations re zoning 110-26 et seq. Definitions 70-66 See: LAND DEVELOPMENT CODE Delinquencies 70-76 Public service tax generally 70-26 et seq. Duplicate, issuance of 70-80 See: TAXATION Engaging in business Purchasing Evidence of engaging in business 70-72 Prohibition against subdivisions 2-223 Without paying tax or making reports 70-71 Sanitary sewer system 78-26 et seq. Exemptions 70-83 See: SEWERS AND SEWAGE DIS- False statement in receipt application 70-73 POSAL Form,signing of receipts;report of infor- Street excavations 66-61 et seq. mation 70-70 See: STREETS, SIDEWALKS AND Insurance 70-84 OTHER PUBLIC WAYS Levied 70-67 Wetlands protection 106-26 et seq. Local business tax for businesses not See: LAND DEVELOPMENT CODE otherwise designated 70-88 Multiple receipt 70-78 SUITS,ACTIONS AND OTHER PROCEED- Penalty for failure to obtain or renew INGS receipt 70-75 Codes does not affect prior acts committed Preservation,display of receipt 70-79 or done 1-8 Rate schedule 70-89 Effect of repeal of ordinances on suits or Receipt required;payment of tax prereq- proceedings pending 1-9(b) uisite to issuance 70-69 SURFACE DRAINAGE Receipt year;tax payment date;term of Subdivisions receipt;proration of tax 70-74 Land development code regulations.... 98-1 et seq. Records of issued receipts 70-86 See: LAND DEVELOPMENT CODE Records of licensees 70-87 Records of receipts 70-87 -r„ SURVEYS,MAPS AND PLATS Refunds 70-82 Amendment to zoning map Separate receipt required for each place Certain ordinances not affected by Code 1-10(a)(9) of business 70-77 Dedicating or accepting Transfer of receipt 70-81 Certain ordinances not affected by Code 1-10(a)(12) Violations and penalties 70-68 Franchise regulations in general. See: Local improvements FRANCHISES(Appendix A) Certain ordinances not affected by Code 1-10(a)(11( Planning and development Outdoor entertainment events Notice requirement for amendments to Local business tax receipt required 10-49 future land use map 58-1 Public service tax Subdivisions Applicability 70-28 Land development code regulations.... 98-1 et seq. Appropriation of revenue 70-44 See: LAND DEVELOPMENT CODE Authority; findings 70-27 Truck routes,map of 74-31 Collection 70-35 SWEAR OR SWORN.See:OATH,AFFIRMA- Computation 70-32 TION, SWEAR OR SWORN Continuance of tax and appropriation70-45 Definitions 70-26 SWIMMING POOLS Discontinuance of utilities service 70-39 Land development code regulations re zon- Exemptions 70-30 ing 110-26 et seq. Failure to pay tax See: LAND DEVELOPMENT CODE Collected 70-38 Generally 70-42 T Levied 70-29 Monthly computation 70-34 TAXATION Payment 70-31 Certain ordinances not affected by Code.. 1-10(a((7) Payment of utilities service without pay- Fees schedule in general. See: FEES (Ap- ment of tax 70-41 pendix B) Penalty 70-43 Franchise regulations in general. See: Purchase of utilities service FRANCHISES(Appendix A) Generally 70-33 Supp. No. 24 CDi:43 CAPE CANAVERAL CODE Section Section NWII) TAXATION(Cont'd.) TOWNHOUSES Without collecting tax 70-37 Land development code regulations re zon- Records 70-36 ing 110-26 et seq. Sale of utilities service without collec- See:LAND DEVELOPMENT CODE tion of tax 70-40 TOXIC WASTE.See:SOLID WASTE Sexually oriented businesses,adult enter- tainment establishments TRADES Local business tax receipts/home occu- Local business tax 70-66 et seq. pations 10-128 See:TAXATION Vehicles for hire Licenses and fees to be in addition to TRAFFIC. See: MOTOR VEHICLES AND other taxes and charges 50-3 TRAFFIC TAXICABS.See:VEHICLES FOR HIRE TRASH.See:SOLID WASTE TRAVEL EXPENSES. See: OFFICERS AND TECHNICAL CODES EMPLOYEES Building codes. See also: LAND DEVEL- OPMENT CODE TREASURER. See: CITY TREASURER Building code 82-31 et seq. Coastal construction code 82-88 et seq. TREES AND SHRUBBERY Property maintenance code 82-221 et seq. Fees schedule in general. See: FEES (Ap- Unsafe building abatement code 82-56 et seq. pendix B) Fire prevention code 38-26 et seq. Impact fees generally 2-231 et seq. See: FIRE PREVENTION See: IMPACT FEES Florida Fire Prevention Code 38-26,38-27 Tree protection Life Safety Code 38-28,38-29 Land clearing 102-36 et seq. See:LAND DEVELOPMENT CODE TELEGRAPH SERVICES Weeds and vegetation 34-121 et seq. Public service tax generally 70-26 et seq. See: WEEDS AND DEAD VEGETA- See:TAXATION TION TELEPHONES TRUCKS Automatic telephone direct dialing device; Load regulations re litter 34-34 digital alarm communicator system . 30-37 Parking 74-60 Traffic regulations 74-26 et seq. TELEVISIONS See: MOTOR VEHICLES AND TRAF- Noises,enumeration of prohibited 34-153(2) FIC TENSE TURTLES Definitions and rules of construction 1-2 Sea turtles 14-51 et seq. See:ANIMALS AND FOWL TIME Computation of time U Definitions and rules of construction... 1-2 UNSAFE BUILDINGS TOPOGRAPHY Unsafe building abatement code 82-56 et seq. Property maintenance standards 34-91 et seq. Buildings and building regulations.See: See: PROPERTY MAINTENANCE LAND DEVELOPMENT CODE STANDARDS Subdivisions UTILITIES Land development code regulations98-1 et seq. Floodplain management 90-26 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Franchise regulations in general. See: TORNADOS FRANCHISES(Appendix A) Civil emergencies generally 18-1 et seq. Illicit discharge and connection 78-400 et seq. See: CIVIL EMERGENCIES See: STORMWATER DRAINAGE Impact fees generally 2-231 et seq. TOWING See:IMPACT FEES Abandoned property Land development code regulations re zon- Liability of owner for towing, storage ing 110-26 et seq. expenses 34-188 See:LAND DEVELOPMENT CODE 'ill? Supp.No. 24 CDi:44 CODE INDEX -4i,,,,r- Section Section UTILITIES(Cont'd.) VEHICLES FOR HIRE (Cont'd.) Public service tax generally 70-26 et seq. Licenses and fees to be in addition to other See: TAXATION taxes and charges 80-3 Reclaimed water 78-176 et seq. Lost money or property 80-86 See:WATER SUPPLY AND DISTRIBU- Maintenance of records 80-85 TION Nonpaying passengers with paying passen- Sanitary sewer system 78-26 et seq. gers,transporting of 80-80 See: SEWERS AND SEWAGE DIS- Number of passengers carried 80-79 POSAL Police radio calls,receiving prohibited;ra- Service rate, deposits and billing proce- dios which may be used 80-81 dures Rates and charges Deposit required 78-151 Charging rates in excess of established Monthly sewer rates 78-152 rates 80-78 Payment of sewer charges required.... 78-153 Schedule of 80-77 Sewer fees where owner has private Report of accidents 80-88 water supply 78-154 Required equipment; standards Stormwater drainage utility 78-275 et seq. Compliance 80-76(a) Street excavations 66-61 et seq. General mechanical condition; cleanli- See: STREETS, SIDEWALKS AND ness; lighting 80-76(c) OTHER PUBLIC WAYS Letters,numbers required 80-76(e) Wetlands protection 106-26 et seq. Mechanical inspection 80-76(d) See: LAND DEVELOPMENT CODE Substitution of equipment 80-76(g) Taximeters 80-76(f) V Vehicle type, capacity 80-76(b) Schedule rates and charges 80-77 VEGETATION. See: WEEDS AND DEAD Stands,depots,terminals and parking80-82 VEGETATION VESSELS. See: BOATS, DOCKS AND WA- VEHICLES FOR HIRE TERWAYS Accidents Report of 80-88 VESTED RIGHTS Alcoholic beverages 80-87 Application for vested rights determina- Certificate of public convenience and neces- tion 115-7 sity license Definitions 115-2 Application 80-27 Exhaustion of administrative remedies re- Approval 80-28 quired 115-4 Burden of proof 80-29 Issuance vested rights permit 115-12 Required 80-26 Judicial review 115-13 Suspension and revocation 80-31 Permit expiration; substantial deviations, Transfer 80-32 etc 115-6 Compliance with provisions 80-4 Public hearing 115-11 Cruising,soliciting business prohibited... 80-83 Purpose and intent 115-1 Definitions 80-1 Review and recommendation by city attor- Driver's attendance to vehicles 80-84 ney 115-8 Driver's permit Standards for determining vested rights 115-5 Application 80-53 Supplemental evidence 115-9 Fees 80-55 Vested rights agreements 115-10 Fees schedule in general. See: FEES Vested rights permits,effect 115-3 (Appendix B) Investigation;issuance,denial;posting. 80-54 W Penalty 80-52 Required 80-51 WASTEWATER Surrender; revocation; suspension 80-57 Sewer impact fees Transferability;term of validity 80-56 Excessive quantity of 78-123 Federal or state government Application to vehicles, operators regu- WATER SUPPLY AND DISTRIBUTION lated by 80-2 Concurrency management 86-1 et seq. Fees schedule in general. See: FEES (Ap- See: LAND DEVELOPMENT CODE pendix B) Floodplain management 90-26 et seq. Insurance 80-5 See: LAND DEVELOPMENT CODE Supp. No. 24 CDi:45 CAPE CANAVERAL CODE Section Section WATER SUPPLY AND DISTRIBUTION WRITS, WARRANTS AND OTHER PRO- (Cont'd.) CESSES Impact fees generally 2-231 et seq. Code enforcement citations See: IMPACT FEES Enter upon property (inspection war- Public service tax generally 70-26 et seq. rant) 2-290 See: TAXATION Franchise regulations in general. See: Reclaimed water FRANCHISES(Appendix A) Connection to the system 78-177 Definitions 78-176 Y Installation and inspection of the re- claimed water system YARD WASTE. See: SOLID WASTE Adoption of Chapter 62-610, F.A.0 78-200 YARDS AND OPEN SPACES Areas embraced 78-197 Subdivisions Code enforcement board authority and Land development code regulations.... 98-1 et seq. violation liability 78-195 See: LAND DEVELOPMENT CODE Cross-connection control 78-198 Weeds and vegetation 34-121 et seq. Discontinuance of service 78-193 See: WEEDS AND DEAD VEGETA- Inspections 78-192 TION Policies and regulations adopted;corn- YELLING pliance required 78-191 Public employees liability 78-196 Noises,enumeration of prohibited 34-153(4) Unauthorized use 78-199 Unlawful connections or practices 78-194 Reclaimed water uses 78-178 ZONING Right to refuse service 78-181 Amendments to map Usage rates 78-180 Certain ordinances not affected by Code 1-10(a)(9) Sanitary sewer system 78-26 et seq. Fees schedule in general. See: FEES (Ap- See: SEWERS AND SEWAGE DIS- pendix B) POSAL Floodplain management 90-26 et seq. Subdivisions See: LAND DEVELOPMENT CODE Land development code regulations.... 98-1 et seq. Land development code 110-1 et seq. See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE Local planning agency 58-56 et seq. WATERWAYS, WATERCOURSES. See: See:PLANNING AND DEVELOPMENT BOATS, DOCKS AND WATERWAYS Signs WEEDS AND DEAD VEGETATION Land development code regulations 94-1 et seq. See: LAND DEVELOPMENT CODE Fees schedule in general. See: FEES (Ap- Street excavations 66-61 et seq. pendix BI See: STREETS, SIDEWALKS AND Fertilizer land application OTHER PUBLIC WAYS Management of grass clippings and veg- Subdivisions etative matter 92-10 Land development code regulations.... 98-1 et seq. Intent 34-121 See: LAND DEVELOPMENT CODE Notice to remedy nuisance 34-123 Plats and lot splits Public nuisance prohibited 34-122 Division of land;review and approval Records 34-127 required; zoning 98-31 Remedies by city 34-126 Weeds and vegetation 34-121 et seq. Tree protection,land clearing 102-36 et seq. See: WEEDS AND DEAD VEGETA- See: LAND DEVELOPMENT CODE TION Wetlands protection 106-26 et seq. WETLANDS PROTECTION See: LAND DEVELOPMENT CODE 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 Supp. No. 24 CDi:46 § 110-587 CAPE CANAVERAL CODE Nrumile Sec. 110-587. Applicability. scale retail and other commercial uses shall oc- cupy as much of the ground floor frontages along (1) The District is a commercial corridor of Central Boulevard as the market will bear.Upper approximately one and three-quarter miles, gen- stories shall be office or residential along these erally centered on both AlA (Astronaut Boule- main streets. This district also shall provide the yard) and N. Atlantic Avenue and recognized as potential for continuum-of-care developments in- extending from the entrance to the City of Cape cluding opportunities for aging in place and in- Canaveral on the north to Grant Avenue on the dude such uses as independent, assisted living south. and skilled care facilities. (2) The area of the district along AlA is in- (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. tended to serve as the main gateway into the City 07-2015, § 2, 8-18-15) of Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the Sec. 110-588. Purpose. main street to the City of Cape Canaveral's Town The purpose of these design guidelines and Center and as a transition between the land use, standards are to provide flexibility in the uses circulation, and streetscape along AlA and the and design requirements for the AlA EOOD, Town Center.This District is intended to have the while setting minimum design standards to facil- most intensive commercial and residential uses itate quality development. These standards will within the city. The EOOD is meant to provide a guide future development and redevelopment lively and attractive interface between the pro- within the City of Cape Canaveral so that it posed Town Center and the adjacent residential creates more vital commercial cores and corri- communities,while maintaining a primarily com dors, protects adjacent residential neighborhoods mercial street frontage along AlA, N. Atlantic and neighborhood commercial centers, promotes o* a,, Avenue and Central Boulevard. the use of quality building materials, enhances (3) The streets will have a retail/commercial the streetscape on all public streets, and contin- ,._, service atmosphere with small or large neighbor- ues to improve the image and pride in the city. hood stores at street level and apartments or (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) offices on upper stories. The retail composition of the district shall include, but not be limited to, Sec. 110-589. Goals. retail stores, personal services, hotels, cultural The AlA Economic Opportunity Overlay Dis- facilities, hospitals, clinics, pharmacies, conve trict(EOOD)provides design guidelines and stan- nience stores with gas, high tech manufacturing, entertainment,and eating establishments includ dards which are intended to promote and enhance ing rooftop restaurants that serve the EOOD as the identity of the district. Specifically, the goals well as stores, eating establishments, and busi of the EOOD are: ness services(printing,accounting,etc.)that serve (1) To create attractive, functional, and last- the other businesses and office users in the area. ing buildings and places. Residential uses shall be permitted within the (2) To encourage the design,construction and District;however,shall be limited to upper stories operation of buildings and places that are along AlA, N. Atlantic Avenue and Central Bou environmentally responsible, sustainable levard within the District. and healthy places to live,work,and play. (4) The main street component of the District (3) To promote development and redevelop- is intended to provide a mixed-use, pedestrian ment that preserves and enhances the oriented focus for the proposed Town Center,with physical appearance of the corridor and land uses serving Town Center residents and contributes to the district's unique sense visitors. This sub-district provides the City of of place. Cape Canaveral with a small-town style walkable center that is convenient, useful, safe and attrac- (4) To encourage the use of quality materials tive for pedestrians and lively,yet relaxed. Small- in development and redevelopment. 0 Supp.No. 24 CD110:84