HomeMy WebLinkAboutAgenda Packet 02-17-1998City of Cape Canaveral
UNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 17, 1998
7:00 P.M.
REVISED AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
INTERVIEW: Mia Crowley, Community Appearance Board
Andrea Shea King, Planning and Zoning Board
RESOLUTION:
Motion to Approve: Resolution No. 98-01, Appointing a Member to the Commercial
Development Board
ORDINANCES — FIRST READING
2. Motion to Approve for Second Reading. Ordinance No. 03-98, Adopting the 1997 Edition
of the Standard Building Code
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE I1, BUILDING CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997
EDITION OF THE STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
3. Motion to Approve for Second Reading: Ordinance No. 04-98, Amending the 1994 Edition
of the Standard Plumbing Code
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE VI, PLUMBING CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SEC. 82-
148, AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
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105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 0 FAX (407) 799-3170
City Council Regular Meeting Agenda
February 17, 1998
4. Motion to Approve for Second Reading: Ordinance No. 05-98, Adopting the 1997 Edition
of the Standard Gas Code
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE VII, GAS CODE, OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE
STANDARD GAS CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
S. Motion to Approve for Second Reading: Ordinance No. 06-98, Adopting the 1997 Edition
of the Standard Mechanical Code
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE VIII, MECHANICAL CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997
EDITION OF THE STANDARD MECHANICAL CODE WITH CERTAIN AMENDMENTS;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
6. Motion to Approve for Second Reading: Ordinance No. 07-98, Amending Chapter 82,
Article IX, Solar Energy Standards
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE IX, SOLAR ENERGY STANDARDS, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING
SECTION 82-223, COMPLIANCE WITH BUILDING CODE; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
7. Motion to Approve for Second Reading: Ordinance No. 08-98, Adopting the 1997 edition
of the Standard Swimming Pool Code
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE X, SWIMMING POOL CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997
EDITION OF THE STANDARD SWIMMING POOL CODE; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
8. Motion to Approve for Second Reading: Ordinance No. 09-98, Adopting the 1997 Edition
of the Standard Housing Code
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE XI, HOUSING CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997
EDITION OF THE STANDARD HOUSING CODE; REPEALING ALL PORTIONS OF THE
G:\CityClk\AGENDA\REGULAR\1998\02-17-98.doc
City Council Regular Meeting Agenda
February 17, 1998
CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
9. Motion to Approve for Second Reading: Ordinance No. 10-98, Amending Chapter 82,
Article XIII, Threshold Buildings
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE XIII, THRESHOLD BUILDINGS, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING CHAPTER
553, FLORIDA STATUTES. BY REFERENCE AND DELETING SECTION 82-322 THROUGH
83-346; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
10. Motion to Approve for Second Reading: Ordinance No. 11-98, Amending Chapter
94, Signs
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 94, SIGNS, BY AMENDING CERTAIN DEFINITIONS, EXCEPTIONS,
PROHIBITED SIGNS, LIGHTING, CRITERIA, STANDARDS, POLITICAL SIGNS, OFF -PREMISES
SIGNS, AWNING AND CANOPIES AND CERTAIN DISTRICT REGULATIONS REGARDING THE
NUMBER AND SIZE OF SIGNS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
11. Motion to Approve for Second Reading: Ordinance No. 12-98, Amending Section
34-97, Duties and Responsibilities for
Maintenance Relating to Dumpsters
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 34, ENVIRONMENT, SECTION 34-97, DUTIES AND
RESPONSIBILITIES FOR MAINTENANCE, BY AMENDING THE REQUIREMENTS FOR
THE SCREENING AND FENCING OF DUMPSTER AREAS; ADOPTING DIMENSIONS
FOR ENCLOSURES AS APPENDIX A; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE — SECOND READING
12. Motion to Adopt: Ordinance No. 01-98, Amending Section 22-37(c) Qualifications for
Community Appearance Board Members
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, SECTION 22-37, BY AMENDING THE
QUALIFICATIONS OF MEMBERS APPOINTED TO THE COMMUNITY APPERANCE BOARD;
PROVIIDNG FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
G:\CityClk\AGENDA\REGULAR\1998\02-17-98.doc
City Council Regular Meeting Agenda
February 17, 1998
DISCUSSION:
13. Commerce Street Settlement Agreement
14. Oak Lane Volunteer Project
15. Code Enforcement Civil Citation Program
REPORTS:
16. City Manager's Report
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to
five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them in the future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of
the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the
meeting.
G:\CityClk\AGENDA\REGULAR\1998\02-17-98.doc
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Reading
Resolution
Item
No.
1
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 98-01, APPOINTING A MEMBER TO THE COMMERCIAL
DEVELOPMENT BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of Resolution No. 98-01, appointing Mrs. Cynthia Griffin to the
Commercial Development Board.
Summary Explanation & Background:
N/A.
Please advise.
Exhibits Attached:
Resolution No. 98-01
City Manager 's Office
Bennett C. Boucher
Department LEGISLATIVE
g:/admin/council/meeting/1998/02-17-98/cdb.doc
RESOLUTION NO. 98-02
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO
THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance
No. 17-75 created a Board known as the Commercial Development Board of the City of Cape
Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint one (1) alternate member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. is hereby appointed as an alternate member of the
Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on
June 1, 1998.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day
of February, 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
BURT BRUNS
TONY HERNANDEZ
BUZZ PETSOS
ROCKY RANDELS
Sandra O. Sims, CITY CLERK TONY HERNANDEZ
APPROVED AS TO FORM:
JOY SALAMONE
Kohn Bennett, CITY ATTORNEY
PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
Applicant Name: Cynthia (Cindi) Griffin
Home Telephone: 868-6957
Home Address: 314 Lincoln Ave. Cape Canaveral, Fl. 32920
Business: Self-Employed Sub-Contractor (Entertainer)
Business Telephone: (P) 680-3102
Office Address:
Brief Description of Education and Experience: High School Grad. 18 yrs. Vocalist
Experience- 12 yrs. Experience Asst. Promotions - 10 yrs Emcee Experience
Are you a registered voter? Yes -X No
Have you been a resident of the City for 12 months or longer? Yes -X No
Do you currently hold a public office? Yes / No-X
Are you presently employed by the City? Yes No ✓
At the present time, do you serve on a City Board? Yes No-X
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother -in -
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother or half sister? Yes No- X
At the present time, do any of the following relatives of yours serve on any other City board, commission or special
strict: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No- X
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd, etc.)
Beautification Board
_Board of Adjustment*
_ Code Enforcement Board*
Commercial Development Board
Community Appearance Board*
Construction Board of Adjustment & Appeals*
Library Board
Planning and Zoning Board*
3rd- Recreation Board
Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each
following the initial appointment while still a member of said Board.
City of Cape Canaveral, Florida
City Board Application
Page 2
Please list what you feel are your qualifications to serve as a member on one of the City's Boards:
Invest in Properties in the City of Cape Canaveral.
can (?) several Currently. Strongly encourage new business
& upscaling of properties already existant have lived
in Cape Canaveral for 18 yrs. and expect to thrive
here until Retirement. I feel I could contribute a great
deal of beneficial input to the City of Cape Canaveral
Would you consider serving on another City Board other than the one(s) you have selected on the front of this form?
Yes - X No
Applicant's signature: Cynthia D. Griffin Date: 1-15-98
PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a
brief interview before the City Council at a regularly scheduled meeting.
2. Your application will remain effective for one year from the date of completion.
3. If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
The Orlando Sentinel
Published Daily
State of Florida ] s.s.
COUNTY OF ORANGE
Before the undersigned authority personally appeared Denise Little
, who on oath says
that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally
Newspaper published at COCOA in
BREVARD County, Florida;
that the attached copy of advertisement, being a NOTICE OF PUBLIC
in the matter of ORDINANCE N0. 01 —98
in the BREVARD Court,
was published in said newspaper in the issue; of 02/07/98
Affiant further says that the said Orlando Sentinel is a newspaper published at
COCOA ,in said
BREVARD County, Florida,
and that the said newspaper has heretofore been continuously published in
said BREVARD County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in COCOA in said
BREVARD County, Florida,
or a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
or promised any person, firm or corporation any discount, rebate,
commission or refund for the purposeof/ ecuring this adve ement for
publication in the said newspaper. Denise Little
the foregoing instrument was acknowledged before me this 11 day of
February, 1998 by Denise Little
Who is personally known to me and ho did take an oath
SHERILL MILLER
NOTICE OF PUBLIC HEARING
The City Council of the City of
Caps Canaveral, Florida will
hold a Public Hearing for the
ppurpose of enact{ny Ordinance
No. 01-98, at the Clty Hall An-
nex, 111 Polk Avenue, Cape Ca-
naveral, Florida at 7:00 P.M. on
Tuesday, February 17, 1998.
Each ordinance in its entirety
may be inspected at the Office
of the City Clerk during regular
working hours (8:30 a.m. to
5:00 p.m., Monday-Friday).
ORDINANCE NO. 01-98
AN ORDINANCE OF THE
CITY OF CAPE CANAVER-
AL, BREVARD COUNTY,
FLORIDA, AMENDING
CHAPTER 22, COMMUNI-
TY DEVELOPMENT, SEC-
TION 22-37, BY AMEND-
ING THE
QUALIFICATIONS OF
MEMBERS APPOINTED
TO THE COMMUNITY AP-
PEARANCE BOARD; PRO-
VIDING FOR SEVERABILI-
TY; PROVIDING FOR
REPEAL OF CONFLICT-
ING ORDINANCES; AND
PROVIDING FOR AN EF-
FECTIVE DATE.
Pursuant to Section 286.1015,
Florida Statutes, the City here-
by advises the public that: If a
person decides to appeal any
decision made by the City
Council with respect to any mat-
ter considered at this meeting
that person will need a record of
the proceedings, and for such
purpose that person may need
to ensure that a verbatim record
of the proceedings is made,
which record Includes the testi-
mony and evidence upon which
the appeal is to be based. This
notice does not constitute con-
sent by the City for the introduc-
tion or admission Into evidence
of otherwise inadmissible or ir.
relevant evidence, nor does it
authorize challenges or appeals
not otherwise allowed by law.
Persons with disabilities need-
ing assistance to participate in
any of these proceedings
should contact the City Clerk's
office (868-1221) 48 hours in ad-
vance of the meeting.
, Sandra Rozar Sims, CMC
City Clerk
BRE1956893 FEB. 7, 1998
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
2
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 03-98, ADOPTING THE 1997 REVISIONS TO THE STANDARD
BUILDING CODE
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval at first reading Ordinance No. 03-98, adopting the 1997 revisions to the
Standard Building Code.
Summary Explanation & Background:
The City is currently utilizing the 1994 edition of the Standard Building Code. These standards are revised every
(3) years.
The building official will be in attendance to answer any questions you may have about the 1997 revisions to the
code.
I recommend approval.
Exhibits Attached:
Ordinance No. 03-98, existing code section; building official's memo of 02-05-98
City Manager's Office
Bennett C. Boucher
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
g:/admin/council/meeting/1998/02-17-98/stndbldg.doc
ORDINANCE NO. 03-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE II, BUILDING
CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE
STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR. AN
EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Building and Building Regulations, Article II, Buildin
Code, is hereby amended by repealing Article II in its entirety and replacing same with the
following:
Sec. 82-31. Adopted. The Standard Building Code, 1997 edition, published by
the Southern Building Code Congress International, Inc., including appendices C
and D is adopted by reference as though it were set out in this article in full.
Sec. 82-32. Amendments.
The building code adopted in section 82-31 is amended as follows:
(1) Sections 102.2.1, 102.2.2, 102.2.3, and 102.2.4 are amended to read as
follows:
102.2.1 Building Official Qualifications, 102.2.2 Chief Inspector
Qualifications, 102.2.3 Inspector Qualifications, and 102.2.4 Deputy Building
Official Qualifications shall be those qualifications as outlined in Chapter 468,
Florida Statutes.
(2) Section 104.6.1 is amended to read as follows:
104.6.1 Permit Intent. A permit issued shall be construed to be a license to
proceed with the work and not as authority to violate, cancel, alter or set aside any
of the provisions of the technical codes, nor shall issuance of a permit prevent the
City of Cape Canaveral, Florida
Ordinance No. 03-98
Page 2
Building Official from thereafter requiring a correction of errors in plans,
construction, or violations of this code. Every permit issued shall become invalid
unless the work authorized by such permit is commenced within six (6) months
after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of six (6) months after the time work is commenced. The
permit shall become invalid after three (3) years from the date of its issuance in
zoning districts of the City, unless the building or buildings subject to the permit
have exteriors and landscaping which are in substantial compliance with the plans
and specifications and comply with the provisions of Section 34-96, Sec. 34-97,
subsections 34-98(3), (4), (5) (6), (7), (8), (9), and (11), Section 34-99, and Section
34-122 of the City Code of Ordinances. Extensions of time for building permits
may be granted only by the City Council. Further, any unfinished buildings or
structures for which a permit has lapsed or otherwise become invalid, and where
the appearance and other conditions of such unfinished building or structure
substantially detracts from the appearance of the immediate neighborhood, or
reduces the value of property in the immediate neighborhood, or is a nuisance shall
be deemed to be a violation of the above referenced code sections, which violation
may be enforced by the Code Enforcement Board.
(3) Section 108.1 is amended to read as follows:
108.1 Appointment. There is hereby established a board to be called the
Construction Board of Adjustment and Appeals, which shall consist of five (5)
members. The board shall be appointed by the city council.
(4) Section 108.2 is amended to read as follows:
108.2 Membership and Terms.
108.2.1 Membership. Members of the Construction Board of Adjustment and
Appeals should be composed of individuals with knowledge and experience in the
technical codes, such as design professionals, contractors or building industry
representatives. A board member shall not act in a case in which he has a personal
or financial interest.
108.2.2 Terms. The terms of office of the board members shall be two (2) years
from the date of appointment. Continued absence of any member from required
meetings of the board shall, at the discretion of the city council, render any such
member subject to immediate removal from office.
108.2.3 Quorum and Voting. A simple majority of the board shall constitute a
City of Cape Canaveral, Florida
Ordinance No. 03-98
Page 3
quorum.
108.2.4 Secretary of Board. The building official or designee shall act as
secretary of the board and shall make a detailed record of all of its proceedings,
which shall set forth the reasons for its decision, the vote of each member, the
absence of a member and any failure of a member to vote.
(5) Section 1503.1.4.1 is amended to read as follows:
1503.1.4.1 Nails and clips or similar fastening devices shall be hot -dipped
galvanized, stainless steel, nonferrous metal or other suitable corrosion resistant
material. Staple fasteners shall not be permitted.
(6) Section 1504.1.3 is amended to read as follows:
1504.1.3 Shingle application shall be as specified in the manufacturer's published
application instructions. Notwithstanding anything to the contrary contained
herein, asphalt shingles must be fungus resistant.
(7) Section 2405.2.1, number 6, is hereby repealed. (per State of Florida adoption).
SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance,
in conflict herewith are repealed.
SECTION 3. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
City of Cape Canaveral, Florida
Ordinance No. 03-98
Page 4
of , 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\CAPE-NT\cape-nt\cityclerk\CityClk\Ordinances\BUILDING CODE - 1998 AMENDMENT.doc
BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. IN GENERAL
Sec. 82-1. Penalty.
Any person who shall violate this chapter or
who shall fail to comply with this chapter or who
shall violate or fail to comply with any order or
regulation made under this chapter or who shall
build in violation of any detailed statement or
specifications or plans submitted and approved
under this chapter or any certificate or permit
issued under this chapter shall severally for each
and every such violation and noncompliance, re-
spectively, be punished as provided in section
1-15.
(Code 1981, §§ 509.13, 611.07, 612.29, 613.04,
614.03, 615.04, 617.19, 619.04, 620.03, 623.07,
625.03, 627.03)
Sec. 82-2. Building permit fee schedule.
The city establishes a building permit and
development fee schedule on all construction in
the city. The fees shall be as set forth in appendix
B to this Code.
(Code 1981, § 547.01)
Sec. 82-3. Changes to schedule of fees.
The building permit and development fee sched-
ule established in section 82-2 may be amended
from time to time, as needed, by resolution of the
city council.
(Code 1981, § 547.03)
Secs. 82-4-82-30. Reserved.
ARTICLE II. BUILDING CODE*
Sec. 82-31. Adopted.
The Standard Building Code, 1994 edition, pub-
lished by the Southern Building Code Congress
"Editor's note—Ordinance No. 18-95, § 1, adopted August
15, 1995, amended the code by repealing article II, §§ 82-31-
82-34 and adding a new article II, §§ 82-31, 82-32. Formerly,
such article pertained to similar provisions and derived from
§§ 611.01, 611.02, 611.05 of the 1981 Code; Ord. No. 9-92, §§
1(611.01), 1(611.02), 8-18-92; Ord. No. 20-92, § 1, 11-5-92; Ord.
No. 12-93, §§ 1(611.01), 1(611.02), 7-6-93; Ord. No. 19-93, §
1(616.01), 6-15-93; Ord. No. 42-93, § 1, 11-2-93; Ord. No. 13-94,
§ 1(611.03), 4-5-94; Ord. No. 3-95, § 1, 2-21-95.
Cross references—Fire prevention code adopted, § 38-26;
standard fire prevention code adopted, § 38-30; requirements
for fences, walls and hedges, § 110-470; buildings required for
commercial uses, § 110-481; building setback lines, § 110-536.
§ 82-32
International, Inc., including appendices, A, C, D,
E, F, G and H is adopted by reference as though it
were set out in this article in full.
(Ord. No. 18-95, § 1, 8-15-95)
Sec. 82-32. Amendments.
The building code adopted in section 82-31 is
amended as follows:
(1) Section 102.2.1 is amended to read as fol-
lows:
102.2.1 Building Official Qualifications. The
building official shall have at least ten
years' experience or equivalent as an archi-
tect, engineer, inspector, contractor or su-
perintendent of construction or any combi-
nation of these, five years of which shall
have been in responsible charge of work.
The building official should be certified as a
building official shall be appointed or hired
by the city manager and shall not be re-
moved from office, except for cause after
full opportunity has been given to be heard
on specific charges before the city manager.
(2) Section 102.2.2 is amended to read as fol-
lows:
102.2.2 Chief Inspector Qualifications. The
building official, with the approval of the
city manager, may designate chief inspec-
tors to administer the provisions of the
building, electrical, gas, mechanical and
plumbing codes. They shall have at least
ten years' experience or equivalent as an
architect, engineer, inspector, contractor or
superintendent of construction or any com-
bination of these, five years of which shall
have been in responsible charge of work.
They should be certified through a recog-
nized certification program for the appro-
priate trade. They shall not be removed
from office except for cause after full oppor-
tunity has been given to be heard on spe-
cific charges in accordance with the city
Code of Ordinances.
(3) Section 102.2.3 is amended to read as fol-
lows:
102.2.3 Inspector Qualifications. The build-
ing official, with the approval of the city
Supp. No. 2 CD82:5
City of Cape Canaveral
MEMORANDUM:
February 5, 1998
TO: Bennett Boucher, City Manager
Mayor & City Council Member
FROM: G. J. Moran, CBO
Building Official
Subject: Amendments To Update Technical Codes To Latest State of Florida Mandates
The proposed amendments to Chapter 82 of the City Code of Ordinances are for the
purposes of adoption of the latest edition of state mandated technical codes and to update
city requirements to be equal to, or more stringent than, the State of Florida requirements.
The amendments to the Building Code, Plumbing Code and Mechanical Code relate to
State mandated licensing requirements for building department personnel as required by
Chapter 468 of the Florida Statutes.
The amendments to the Solar Energy Code update the reference to the proper code
section of the building code relating to wind loading.
The amendments to the Swimming Pool Code are to adopt the latest edition.
The amendments to the Housing Code are to adopt the latest edition.
The amendments to the Threshold Building section are to defer to State Law as shown in
Florida Statute Chapter 553.
These amendments are normally required on a three year cycle as the technical codes are
revised, reprinted and approved by the State of Florida, Department of Community
Affairs, Board of Building Codes and Standards every three years.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
'SAFETY for LIFE and PROPERTY'
DEPARTMENT OF COMMUNITY AFFAIRS
FLORIDA BOARD OF BUILDING
CODES & STANDARDS
2555 SHUMARD OAK BLVD. - TALLAHASSEE, FLORIDA 32399-2100
May 2, 1997
Dear Building Official:
As authorized by Section 553.73, Florida Statutes (F.S.), the Florida Board of Building
Codes and Standards (the Board) amended Rule 9B-3.047, State Minimum Building Codes, and
adopted the most current editions of the model codes effective April 28, 1997. Enclosed for your
information is a copy of the final rule. In summary, the new amendments to the rule adopt by
reference: the 1997 edition of the Standard Building Code, the Standard Mechanical Code, and
the Standard Gas Code but not the Standard Plumbing Code; and the 1996 edition of the EPCOT
Code. The 1994 Dade South Florida Building Code is still current. A new edition is expected to
be adopted by rule this summer.
Early this year, the Board initiated a. proposed rule amendment to Rule 9B-3.048, State
Plumbing Code, to update the 1994 edition of the Standard Plumbing Code (SPC) to the 1997
Standard Plumbing Code/International Plumbing Code (IPC). The Board held two workshops in
January 27, and March 10, 1997 to obtain public comment on the rule development. At the
workshops, attendees expressed concerns regarding requirements in the IPC which were not
applicable to Florida or were considered too excessive. Their major issues of concern were as
follows: (1) the IPC's requirements for protection of pipes from freezing were more applicable to
cold climates than to warm climates such as found in Florida, (2) the IPC requirement that relief
lines for water heaters be designed for gravity flow will limit installation of waters to locations
only next to outside walls of a building, and (3) the IPC requirement that hot water be available in
all buildings that have employees will impact 70% of the new commercial buildings in the state
and is more applicable to cold climates that to warm climates such as in Florida. Based on these
concerns and the fact that the Board has no authority to alter the model code when it adopts
updates to the State Plumbing Code, the Board decided to stay with the 1994 SPC until the
International Code Council Inc. (ICC) membership revises the IPC so that it more applicable to
Florida's environment.
The Board has worked diligently for a timely adoption of the codes. Section 553.73(1)
F.S. requires each local government and state agency with building construction regulation
responsibilities to adopt one of the state approved editions of the model codes. The Board
encourages you to update your codes quickly so that the standards throughout the state are
consistent and contractors and designers are in compliance with state law.
Building Officials
May 2, 1997
Page Two
The Board has also approved errata sheets to the Wood Frame Construction Manual
(WFCM) after determining they are editorial in nature. The Manual together with the errata
sheets can be used as an alternative method for achieving compliance with Section 1606, Wind
Load, of the Standard Building Code (SBC).
Thank you for your cooperation and should you need more information regarding this
rule, please feel free to contact the Board's staff in the Building Codes and Standards Office at
(904) 487-1824.
Sincerely,
(Signature) Douglas Murdock
Douglas Murdock, Chairman
Board of Building Codes and Standards
MM/bs
City of Cape Canaveral
STAFF REPORT
February 5, 1998
TO: Mayor & City Council Members
FROM: G. J. "Whitey" Moran, CBO
Building Official
SUBJECT: Revisions Adopted In 1997 Editions Of The Standard Codes
The "Standard Codes" as promulgated by the Southern Building Code Congress
International, Inc. is a nationally recognized minimum prescriptive construction code
package that is accepted by the State of Florida.
The State of Florida mandates by statute the adoption of a construction code by all
governmental entities.
The State of Florida allows the adoption of the "Standard Codes" as meeting that
requirement and allows the adoption of the "Epcot Code" (Disney) and the "South
Florida Building Code" (Dade & Broward Counties).
The State of Florida is presently reviewing, by committee, the approval of a "One Code"
system for the entire state.
The United States, at present, has three major code organizations that are used in various
portions of the country, they are: the Southern Building Code Congress International,
Inc.(SBCCI), the Building Officials and Code Administrators International, Inc.(BOCA)
and the International Conference of Building Officials (ICBG).
The three organizations are presently working toward the merging of all code officials
under one international organization and the publication of one code, to be named the
"International Code" that will include the "International Building Code", the
"International Plumbing Code", etc; and that will be recognized and adopted by all the
states.
The promulgation of this code is well under way and is expected to be accomplished by
the year "2000".
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX 1407) 799-3170
Page 2
"Revisions"
As the "Standard Codes" as adopted by the City of Cape Canaveral are revised and
amended on a three year cycle, a majority of the revisions to both the 1994 and the 1997
editions are as a posturing mode to readily convert to the "International Code" by moving
chapters, sections, specific codes and appendices to other locations in the manual so as to
coincide with the other code organizations and make the transition to the "International
Code" less traumatic.
There are also code revisions that are proposed by Active Members, such as the City of
Cape Canaveral, through their Building Officials, to rectify existing problems, initiate
new codes to address the always changing construction materials and techniques, and to
clarify a possible issue that may be vague or not addressed. These proposed changes are
voted on, by the Building Officials, at the annual educational conference and only
become a change in the code if a majority agrees.
I hope that this is helpful to the Council in understanding why the adoption of the latest
mandated codes are important relating to having everyone playing with the same rules to
eliminate, as much as possible, inconsistencies in enforcement in different locations of
the county and state due to being under codes that do not reflect the latest changes.
I recommend that all proposed amendments be approved.
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 04-98, ADOPTING THE 1994 REVISIONS TO THE STANDARD
PLUMBING CODE
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval at first reading, Ordinance No. 04-98, adopting the 1994 revisions to
the Standard Plumbing Code.
Summary Explanation & Background:
The City currently utilizes the 1991 with revisions of the Standard Plumbing Code. This also amends 82-148
adopting the F.S. on building official qualifications.
The building official will be in attendance to answer any questions.
I recommend approval.
Exhibits Attached:
Ordinance No. 04-98, Existing Code
City Manager's Office
Bennett C. Boucher
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
g:/admin/council/meeting/1998/02-17-98/stndplumb.doc
ORDINANCE NO. 04-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VI,
PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF
CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 82-148,
AMENDMENTS, REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Building and Building Regulations, Article VI, Plumbing
Code, is hereby amended by repealing Section 82-148 of Article VI in their entirety and replacing
same with the following:
Section 82-148. Amendments.
The plumbing code adopted by reference in this article is amended as follows:
(1) Sections 102.2.1, 102.2.2, 102.2.3, and 102.2.4 are amended to read as
follows:
102.2.1 Building Official Qualifications, 102.2.2 Chief Inspector
Qualifications, 102.2.3 Inspector Qualifications, and 102.2.4 Deputy Building
Official Qualifications shall be those qualifications as outlined in Chapter 468,
Florida Statutes.
(2) Section 108.1 is amended to read as follows:
108.1 Appointment. There is hereby established a board to be called the
Construction Board of Adjustment and Appeals, which shall consist of five (5)
members. The board shall be appointed by the city council.
(3) Section 108.2 is amended to read as follows:
108.2 Membership and Terms.
City of Cape Canaveral, Florida
Ordinance No. 04-98
Page 2
108.2.1 Membership. Members of the Construction Board of Adjustment and
Appeals should be composed of individuals with knowledge and experience in the
technical codes, such as design professionals, contractors or building industry
representatives. A board member shall not act in a case in which he has a personal
or financial interest.
108.2.2 Terms. The terms of office of the board members shall be two (2) years
from the date of appointment. Continued absence of any member from required
meetings of the board shall, at the discretion of the city council, render any such
member subject to immediate removal from office.
108.2.3 Quorum and Voting. A simple majority of the board shall constitute a
quorum.
108.2.4 Secretary of Board. The building official or designee shall act as
secretary of the board and shall make a detailed record of all of its proceedings,
which shall set forth the reasons for its decision, the vote of each member, the
absence of a member and any failure of a member to vote.
SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance,
in conflict herewith are repealed.
SECTION 3. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of ,1998.
City of Cape Canaveral, Florida
Ordinance No. 04-98
Page 3
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK Tony Hernandez
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\CAPE-NT\cape-nt\cityclerkVCityClk\Ordinances\PLUMBING CODE - 1998 AMENDMENT.doc
BUILDINGS AND BUILDING REGULATIONS
(4) NAVFAC DM -26, U.S. Department of the
Navy.
(5) Coastal Construction Manual, Federal
Emergency Management Agency, February
1986. (Please note that the wind design
section is based upon the 1982 edition of
the Standard Building Code with the 1984
accumulated amendments and not the 1985
edition of the Standard Building Code with
the 1986 revisions as required by F.S. §
161.55(1)(d).)
(Code 1981, § 612.27)
Secs. 82-95-82-115. Reserved.
ARTICLE V. ELECTRICAL CODE*
Sec. 82-116. Adopted.
The 1993 edition of the National Electrical
Code, published by the National Fire Protection
Association, is adopted by reference as though it
were copied in this article fully, with the exception
that any portion in conflict with this article is not
adopted.
(Code 1981, § 617.01; Ord. No. 16-93, § 1(617.01),
6-15-93)
Sec. 82-117. Administrative authority or of-
ficial.
Whenever the term "administrative authority"
or "official" is used in the electrical code adopted
in section 82-116, it shall be construed to mean
the building official of the city or his authorized
representative.
(Code 1981, § 617.03)
Sec. 82-118. Board of appeals.
The construction board of adjustment and ap-
peals created in the building code adopted in
section 82-31 shall be the board for appeals for the
electrical code adopted in this article. The require-
ments for appeals under such building code inso-
far as is practicable and applicable shall apply to
the electrical code.
*Cross reference—Standard fire prevention code adopted,
§ 38-30.
Secs. 82-119-82-145. Reserved.
§ 82-148
Editor's note—Ordinance no. 17-95, § 1, adopted August
15, 1995, amended the code by repealing sections 82-119-82-
125 in their entirety. Formerly, such sections pertained to
service disconnects required; service wires; breaking meter
seals; wiring methods; additions, remodeling and rewiring;
electric wiring for swimming pools; submersible lighting and
derived from §§ 617.05, 617.07, 617.09, 617.11, 617.13, 617.15,
617.17 of the 1981 Code.
ARTICLE VI. PLUMBING CODE
Sec. 82-146. Adopted.
The Standard Plumbing Code, 1994 edition,
published by Southern Building Code Congress
International, Inc., including all appendices ex-
cept appendix H which is deleted, is adopted by
reference as though it were copied in full in this
article.
(Code 1981, § 613.01; Ord. No. 10-92, § 1(613.01),
8-18-92; Ord. No. 20-92, § 2, 11-5-92; Ord. No.
13-93, § 1(613.01), 6-15-93; Ord. No. 19-19, § 1,
8-15-95)
Sec. 82-147. Administrative authority or of-
ficial.
Whenever the term "administrative authority"
or "official" is used in the plumbing code adopted
by reference in this article, it shall be construed to
mean the building official of the city or his autho-
rized representative.
(Code 1981, § 613.03)
Sec. 82-148. Amendments.
The plumbing code adopted by reference in this
article is amended as follows:
(1) Section 102.2.1 is amended to read as fol-
lows:
102.2.1 Building Official Qualifications. The
building official shall have at least ten
years' experience or equivalent as an archi-
tect, engineer, inspector, contractor or su-
perintendent of construction or any combi-
nation of these, five years of which shall
have been in responsible charge of work.
The building official should be certified as a
+Cross reference --Sanitary sewer system, § 7B-26 et seq.
Supp. No. 2 CD82:13
§ 82-148
CAPE CANAVERAL CODE
building official through a recognized certi-
fication program. The building official shall
be appointed or hired by the city manager
and shall not be removed from office except
for cause after full opportunity has been
given to be heard on specific charges before
the city manager.
(2) Section 102.2.2 is amended to read as fol-
lows:
102.2.2 Chief Inspector Qualifications. The
building official, with the approval of the
city manager, may designate chief inspec-
tors to admipister the provisions of the
building, electrical, gas, mechanical and
plumbing codes. They shall have at least
ten years' experience or equivalent as an
architect, engineer, inspector, contractor or
superintendent of construction or any com-
bination of these, five years of which shall
have been in responsible charge of work.
They should be certified through a recog-
nized certification program for the appro-
priate trade. They shall not be removed
from office except for cause after full oppor-
tunity has been given to be heard on spe-
cific charges in accordance with the city
Code of Ordinances.
(3) Section 102.2.3 is amended to read as fol-
lows:
102.2.3 Inspector Qualifications. The build-
ing official, with the approval of the city
manager, may appoint or hire such number
of officers, inspectors, assistants and other
employees as shall be authorized from time
to time. A person shall not be appointed or
hired as inspector of construction who has
not had at least five years' experience as a
building inspector, engineer, architect or as
a superintendent, foreman or competent
mechanic in charge of construction. The
inspector should be certified through a rec-
ognized certification program for the appro-
priate trade.
(4) Section 108.1 is amended to read as fol-
lows:
108.1 Appointment. There is hereby estab-
lished a board to be called the construction
board of adjustment and appeals, which
shall consist of five members. The board
shall be appointed by the city council.
(5) Section 108.2 is amended to read as fol-
lows:
108.2 Membership and Terms.
108.2.1 Membership. Members of the con-
struction board of adjustment and appeals
should be composed of individuals with
knowledge and experience in the technical
codes, such as design professionals, contrac-
tors or building industry representatives. A
board member shall not act in a case in
which he has a personal or financial inter-
est.
108.2.2 Terms. The terms of office of the
board members shall be two years from the
date of appointment. Continued absence of
any member from required meetings of the
board shall, at the discretion of the city
council, render any such member subject to
immediate removal from office.
108.2.3 Quorum and Voting. A simple ma-
jority of the board shall constitute a quo-
rum.
108.2.4 Secretary of Board. The building
official or designee shall act as secretary of
the board and shall make a detailed record
of all of its proceedings, which shall set
forth the reasons for its decision, the vote of
each member, the absence of a member and
any failure of a member to vote.
(Code 1981, § 613.02; Ord. No. 10-92, § 1(613.02),
8-18-92; Ord. No. 13-93, § 1(613.02), 6-15-93; Ord.
No. 19-95, § 1, 8-15-95)
Secs. 82-149^82-170. Reserved.
ARTICLE VII. GAS CODE* z
Sec. 82-171. Adopted.
The Standard Gas Code, 1994 edition, pub-
lished by the Southern Building Code Congress
International, Inc., including all appendices, ex -
*Cross reference—Gas franchise, app. A, art. III.
Supp No. 2 CD82-14
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 05-98, ADOPTING THE 1997 REVISIONS TO THE STANDARD GAS
CODE
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval at fist reading, Ordinance No. 05-98, adopting the 1997 revisions to the
Standard Gas Code.
Summary Explanation & Background:
The City currently utilizes the 1994 edition of the Standard Gas Code.
The building official will be in attendance to answer any questions.
I recommend approval.
Exhibits Attached:
Ordinance No. 05-98, Existing Code
City Manager 's Office
Bennett C. Boucher
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
g:/admin/council/meeting/1998-02-17-98/stndgas.doc
ORDINANCE NO. 05-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VII, GAS
CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE
STANDARD GAS CODE WITH CERTAIN AMENDMENTS; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Building and Building Regulations, Article VII, Gas Code,
is hereby amended by repealing Sections 82-171 and 82-173 of Article VII in their entirety and
replacing same with the following:
Sec. 82-171. Adopted. The Standard Gas Code, 1997 edition, published by the
Southern Building Code Congress International, Inc., excluding all appendices, is
adopted by reference as though it were copied in this article in full.
Sec. 82-173. Amendments.
The gas code adopted by reference in this article is amended as follows:
(1) Sections 102.2.1, 102.2.2, 102.2.3, and 102.2.4 are amended to read as
follows:
102.2.1 Building Official Qualifications, 102.2.2 Chief Inspector
Qualifications, 102.2.3 Inspector Qualifications, and 102.2.4 Deputy Building
Official Qualifications shall be those qualifications as outlined in Chapter 468,
Florida Statutes.
(2) Section 108.1 is amended to read as follows:
108.1 Appointment. There is hereby established a board to be called the
Construction Board of Adjustment and Appeals, which shall consist of five (5)
members. The board shall be appointed by the city council.
City of Cape Canaveral, Florida
Ordinance No. 05-98
Page 2
(3) Section 108.2 is amended to read as follows:
108.2 Membership and Terms.
108.2.1 Membership. Members of the Construction Board of Adjustment and
Appeals should be composed of individuals with knowledge and experience in the
technical codes, such as design professionals, contractors or building industry
representatives. A board member shall not act in a case in which he has a personal
or financial interest.
108.2.2 Terms. The terms of office of the board members shall be two (2) years
from the date of appointment. Continued absence of any member from required
meetings of the board shall, at the discretion of the city council, render any such
member subject to immediate removal from office.
108.2.3 Quorum and Voting. A simple majority of the board shall constitute a
quorum.
108.2.4 Secretary of Board. The building official or designee shall act as
secretary of the board and shall make a detailed record of all of its proceedings,
which shall set forth the reasons for its decision, the vote of each member, the
absence of a member and any failure of a member to vote.
SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance,
in conflict herewith are repealed.
SECTION 3. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
City of Cape Canaveral, Florida
Ordinance No. 05-98
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\CAPE-NT\cape-nt\cityclerk\CityClk\Ordinances\GAS CODE - 1998 AMENDMENTS.doc
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 06-98, ADOPTING THE 1997 REVISIONS TO THE STANDARD
MECHANICAL CODE
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval at fist reading, Ordinance No. 06-98, adopting the 1997 revisions to the
Standard Mechanical Code.
Summary Explanation & Background:
The City currently utilizes the 1994 edition of the Standard Mechanical Code.
The building official will be in attendance to answer any questions.
I recommend approval.
Exhibits Attached:
Ordinance No. 06-98, Existing Code
City Managees Office
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
g:/admin/council/meeting/1998/02-17-98/stndmech.doc
ORDINANCE NO. 06-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VIII,
MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION
OF THE STANDARD MECHANICAL CODE WITH CERTAIN
AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Building and Building Regulations, Article VIII, Mechanical
Code, is hereby amended by repealing Article VIII in its entirety and replacing same with the
following:
Sec. 82-196. Adopted. The Standard Mechanical Code, 1997 edition, published
by the Southern Building Code Congress International, Inc., excluding all
appendices, is adopted by reference as though it were copied in this article in full.
Sec. 82-197. Amendments.
The mechanical code adopted by reference in this article is amended as follows:
(1) Sections 102.2.1, 102.2.2, 102.2.3, and 102.2.4 are amended to read as
follows:
102.2.1 Building Official Qualifications, 102.2.2 Chief Inspector
Qualifications, 102.2.3 Inspector Qualifications, and 102.2.4 Deputy Building
Official Qualifications shall be those qualifications as outlined in Chapter 468,
Florida Statutes.
(2) Section 108.1 is amended to read as follows:
108.1 Appointment. There is hereby established a board to be called the
Construction Board of Adjustment and Appeals, which shall consist of five (5)
members. The board shall be appointed by the city council.
City of Cape Canaveral, Florida
Ordinance No. 06-98
Page 2
(3) Section 108.2 is amended to read as follows:
108.2 Membership and Terms.
108.2.1 Membership. Members of the Construction Board of Adjustment and
Appeals should be composed of individuals with knowledge and experience in the
technical codes, such as design professionals, contractors or building industry
representatives. A board member shall not act in a case in which he has a personal
or financial interest.
108.2.2 Terms. The terms of office of the board members shall be two (2) years
from the date of appointment. Continued absence of any member from required
meetings of the board shall, at the discretion of the city council, render any such
member subject to immediate removal from office.
108.2.3 Quorum and Voting. A simple majority of the board shall constitute a
quorum.
108.2.4 Secretary of Board. The building official or designee shall act as
secretary of the board and shall make a detailed record of all of its proceedings,
which shall set forth the reasons for its decision, the vote of each member, the
absence of a member and any failure of a member to vote.
SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance,
in conflict herewith are repealed.
SECTION 3. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
City of Cape Canaveral, Florida
Ordinance No. 06-98
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
E:\cityclerk\CityClk\Ordinances\MECHANICAL CODE- 1998 AMENDMENTS. doc
§ 82-173
CAPE CANAVERAL CODE
date of appointment. Continued absence of
any member from required meetings of the
board shall, at the discretion of the city
council, render any such member subject to
immediate removal from office.
108.2.3 Quorum and Voting. A simple ma-
jority of the board shall constitute a quo-
rum.
108.2.4 Secretary of Board. The building
official or designee shall act as secretary of
the board and shall make a detailed record
of all of its proceedings, which shall set
forth the reasons for its decision, the vote of
each member, the absence of a member and
any failure of a member to vote.
(Code 1981, § 615.02; Ord. No. 12-92, § 1(615.02),
8-18-92; Ord. No. 15-93, § 1(615.02),6-15-93; Ord.
No. 20-95, § 1, 8-15-95)
Secs. 82-17482-195. Reserved.
ARTICLE VIII. MECHANICAL CODE
Sec. 82-196. Adopted.
The Standard Mechanical Code, 1994 edition,
published by the Southern Building Code Con-
gress International, Inc., including all appendi-
ces, is adopted by reference as though it were
copied in this article in full.
(Code 1981, § 614.01; Ord. No. 11-92, § 1(614.01),
8-18-92; Ord. No. 20-92, § 3, 11-5-92; Ord. No.
21-95, § 1, 8-15-95)
Sec. 82-197. Amendments.
The mechanical code adopted by reference in
this article is amended as follows:
(1) Section 102.2.1 is amended to read as fol-
lows:
102.2.1 Building Official Qualifications. The
building official shall have at least ten
years' experience or equivalent as an archi-
tect, engineer, inspector, contractor or su-
perintendent of construction or any combi-
nation of these, five years of which shall
have been in responsible charge of work.
The building official should be certified as a
building official through a recognized certi-
fication program. The building official shall
be appointed or hired by the city manager
and shall not be removed from office except
for cause after full opportunity has been
given to be heard on specific charges before
the city manager.
(2) Section 102.2.2 is amended to read as fol-
lows:
102.2.2 Chief Inspector Qualifications. The
building official, with the approval of the
city manager, may designate chief inspec-
tors to administer the provisions of the
building, electrical, gas, mechanical and
plumbing codes. They shall have at least
ten years' experience or equivalent as an
architect, engineer, inspector, contractor or
superintendent of construction, or any com-
bination of these, five years of which shall
have been in responsible charge of work.
They should be certified through a recog-
nized certification program for the appro-
priate trade. They shall not be removed
from office except for cause after full oppor-
tunity has been given to be heard on spe-
cific charges in accordance with the city
Code of Ordinances.
(3) Section 102.2.3 is amended to read as fol-
lows:
102.2.3 Inspector Qualifications. The build-
ing official, with the approval of the city
manager, may appoint or hire such number
of officers, inspectors, assistants and other
employees as shall be authorized from time
to time. A person shall not be appointed or
hired as inspector of construction who has
not had at least five years' experience as a
building inspector, engineer, architect or as
a superintendent, foreman or competent
mechanic in charge of construction. The
inspector should be certified through a rec-
ognized certification program for the appro-
priate trade.
(4) Section 108.1 is amended to read as fol-
lows:
108.1 Appointment. There is hereby estab-
lished a board to be called the construction
Supp. No. 2 CD82:16
BUILDINGS AND BUILDING REGULATIONS
cept appendix B which is deleted, is adopted by
reference as though it were copied in this article
in full.
(Code 1981, § 615.01; Ord. No. 12-92, § 1(615.01),
8-18-92; Ord. No. 20-92, § 4, 11-5-92; Ord. No.
15-93, § 1(615.01), 6-15-93; Ord. No. 20-95, § 1,
8-15-95)
Sec. 82-172. Administrative authority or of-
ficial.
Whenever the term "administrative authority"
or "official" is used in the gas code adopted by
reference in this article, it shall be construed to
mean the building official of the city or his autho-
rized representative.
(Code 1981, § 615.03)
Sec. 82-173. Amendments.
The gas code adopted by reference in this arti-
cle is amended as follows:
(1) Section 102.2.1 is amended to read as fol-
lows:
102.2.1 Building Official Qualifications. The
building official shall have at least ten
years' experience or equivalent as an archi-
tect, engineer, inspector, contractor or su-
perintendent of construction or any combi-
nation of these, five years of which shall
have been in responsible charge of work.
The building official should be certified as a
building official through a recognized certi-
fication program. The building official shall
be appointed or hired by the city manager
and shall not be removed from office except
for cause after full opportunity has been
given to be heard on specific charges before
the city manager.
(2) Section 102.2.2 is amended to read as fol-
lows:
102.2.2 Chief Inspector Qualifications. The
building official, with the approval of the
city manager, may designate chief inspec-
tors to administer the provisions of the
building, electrical, gas, mechanical and
plumbing codes. They shall have at least
ten years' experience or equivalent as an
architect, engineer, inspector, contractor or
§ 82-173
superintendent of construction or any com-
bination of these, five years of which shall
have been in responsible charge of work.
They should be certified through a recog-
nized certification program for the appro-
priate trade. They shall not be removed
from office except for cause after full oppor-
tunity has been given to be heard on spe-
cific charges in accordance with the city
Code of Ordinances.
(3) Section 102.2.3 is amended to read as fol-
lows:
102.2.3 Inspector Qualifications.The build-
ing official, with the approval of the city
manager, may appoint or hire such number
of officers, inspectors, assistants and other
employees as shall be authorized from time
to time. A person shall not be appointed or
hired as inspector of construction who has
not had at least five years' experience as a
building inspector, engineer, architect or as
a superintendent, foreman or competent
mechanic in charge of construction. The
inspector should be certified through a rec-
ognized certification program for the appro-
priate trade.
(4) Section 108.1 is amended to read as fol-
lows:
108.1 Appointment. There is hereby estab-
lished a board to be called the construction
board of adjustment and appeals, which
shall consist of five members. The board
shall be appointed by the city council.
(5) Section 108.2 is amended to read as fol-
lows:
108.2 Membership and Terms.
108.2.1 Membership. Members of the con-
struction board of adjustment and appeals
should be composed of individuals with
knowledge and experience in the technical
codes, such as design professionals, contrac-
tors or building industry representatives. A
board member shall not act in a case in
which he has a personal or financial inter-
est.
108.2.2 Terms. The terms of office of the
board members shall be two years from the
Supp. No. 2 CD82:15
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances – 1st Reading
Item
No.
6
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 07-98, AMENDING CHAPTER 82, ARTICLE ix, SOLAR ENERGY
STANDARDS
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval of this ordinance at first reading.
Summary Explanation & Background:
This ordinance amends Code Section 82-223, Compliance with buildng code, referring to the appropriate section
of the Standard Building Code.
I recommend approval.
Exhibits Attached:
Ordinance No. 07-98, Existing Code
City Manager's Office
Bennett C. Boucher
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
g:/admin/counciI/meeting/1998/02-17-98/82-223.doc
ORDINANCE NO. 07-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE IX, SOLAR
ENERGY STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 82-223,
COMPLIANCE WITH BUILDING CODE; REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Article IX, Solar Energy Standards, is hereby amended by
repealing Section 82-223 in its entirety and adopting the following in lieu thereof:
Sec. 82-223. Compliance with Building Code.
Solar energy equipment wind load design specifications must comply with Section
1606 of the Standard Building Code adopted in Section 82-31.
SECTION 2. Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
SECTION 3. If any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall
be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
E:\cityclerk\CityClk\Ordinances\SOLAR ENERGY STANDARDS.doc
BUILDINGS AND BUILDING REGULATIONS
board of adjustment and appeals, which
shall consist of five members. The board
shall be appointed by the city council.
(5) Section 108.2 is amended to read as fol-
lows:
108.2 Membership and Terms.
108.2.1 Membership. Members of the con-
struction board of adjustment and appeals
should be composed of individuals with
knowledge and experience in the technical
codes, such as design professionals, contrac-
tors or building industry representatives. A
board member shall not act in a case in
which he has a personal or financial inter-
est.
108.2.2 Terms. The terms of office of the
board members shall be two years from the
date of appointment. Continued absence of
any member from required meetings of the
board shall, at the discretion of the city
council, render any such member subject to
immediate removal from office.
108.2.3 Quorum and Voting. A simple ma-
jority of the board shall constitute a quo-
rum.
108.2.4 Secretary of Board. The building
official or designee shall act as secretary of
the board and shall make a detailed record
of all of its proceedings, which shall set
forth the reasons for its decision, the vote of
each member, the absence of a member and
any failure of a member to vote.
(Code 1981, § 614.02; Ord. No. 11-92, § 1(614.02),
8-18-92; Ord. No. 14-93, § 1(614.02), 6-15-93; Ord.
No. 21-95, § 1, 8-15-95)
Secs. 82-198-82-220. Reserved.
ARTICLE IX. SOLAR ENERGY
STANDARDS*
Sec. 82-221. Adopted.
The standards promulgated by the state solar
energy center, a copy of which is filed with the city
*State law reference--Thermal efficiency standards, F.S.
$ 553.900
clerk and made a part of this article by reference,
are adopted as governing solar energy equipment
within the city.
(Code 1981, § 618.01)
Sec. 82-222. Permit fees.
Permit fees for solar energy standards will be
based on the fee table from the Standard Mechan-
ical Code adopted in section 82-196 in the same
categories and amounts.
(Code 1981, § 618.03)
Sec. 82-223, Compliance with building code.
Solar energy equipment wind load design spec-
ifications must comply with section 1205 of the
Standard Building Code adopted in section 82-31.
(Code 1981, § 618.04)
Secs. 82-224-82-245. Reserved.
ARTICLE X. SWIMMING POOL CODEt
Sec. 82-246. Adopted.
The Standard Swimming Pool Code, 1991 edi-
tion, with 1993 and 1994 revisions, publ shed by
the Southern Building Code Congress Interna-
tional, Inc., is adopted by reference as though it
was copied in this article in full.
(Code 1981, § 627.01; Ord. No. 18-93, § 1(627.01),
6-15-93; Ord. No. 22-95, § 1, 8-15-95)
Sec. 82-247. Administrative authority or of-
ficial.
Whenever the term "administrative authority"
or "official' is used in the swimming pool code
adopted by reference in this article, it shall be
construed to mean the building official of the city
or his authorized representative.
(Code 1981, § 627.02)
Secs. 82-248-82-270. Reserved.
tCross references--Requirements for fences, walls and
hedges, $ 110-470; swimming pool zoning and construction
regulations, $ 110-581 et. seq.
Supp. No. 2
CD82:17
§ 82-271 CAPE CANAVERAL CODE
ARTICLE XI. HOUSING CODE*
Sec. 82-271. Adopted.
The Standard Housing Code, 1991 edition, with
1992 and 1994 revisions, excluding the appendi-
ces, published by the Southern Building Code
Congress International, Inc., is adopted by refer-
ence as though it were copied in this article in
full.
(Code 1981, § 619.01; Ord. No. 13-92, § 1, 8-18-92;
Ord. No. 23-95, § 1, 8-15-95)
Sec. 82-272. Administrative authority or of-
ficial.
Whenever the term "administrative authority"
or "official" is used in the housing code adopted by
reference in this article, it shall be construed to
mean the building official of the city or his autho-
rized representative.
(Code 1981, § 619.03)
Sec. 82-273. Amendments.
The housing code adopted by reference in this
article is amended as follows:
Section 106.1 is amended to read as follows:
106.1 Appointment.
106.1.1 There is hereby established a board
to be called the construction board of ad-
justment and appeals, which shall consist
of five members. The board shall be ap-
pointed by the city council.
106.1.2 Members of the construction board
of adjustment and appeals should be com-
posed of individuals with knowledge and
experience in the technical codes, such as
design professionals, contractors or build-
ing industry representatives. Aboard mem-
ber shall not act in a case in which he has
a personal or financial interest.
106.1.3 The terms of office of the board
members shall be two years from the date
of appointment. Continued absence of any
member from required meetings of the board
*Cross references—Life safety code adopted, § 38-28;
requirements for fences, walls and hedges, § 110-470.
shall, at the discretion of the city council,
render any such member subject to imme-
diate removal from office.
106.1.4 A simple majority of the board shall
constitute a quorum.
106.1.5 The building official or designee
shall act as secretary of the board and shall
make a detailed record of all of its proceed-
ings, which shall set forth the reasons for
its decision, the vote of each member, the
absence of a member and any failure of a
member to vote.
(Code 1981, § 619.02)
Secs. 82-274-82-295. Reserved.
ARTICLE XII. EXCAVATION AND
GRADING CODEt
Sec. 82-296. Adopted.
The Standard Excavation and Grading Code,
1975 edition, published by the Southern Building
Code Congress, International, Inc., is adopted by
reference as though it were copied in full in this
article.
(Code 1981, § 625.01)
Sec. 82-297. Administrative authority or of-
ficial.
Whenever the term "administrative authority"
or "official" is used in the excavation and grading
code adopted by reference in this article, it shall
be construed to mean the building official of the
city or his authorized representative.
(Code 1981, § 625.02)
Secs. 82-298-82-320. Reserved.
tCross reference—Excavations, § 66-61 et seq.
[The next page is CD82:211
Supp. No. 2 CD82:18
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances – 1st Reading
Item
No.
7
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 08-98, ADOPTING THE LATEST EDITION OF THE STANDARD
SWIMMING POOL CODE
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval of this ordinance at first reading.
Summary Explanation & Background:
This ordinance amends Code Section 82-246 by adopting the latest edition of the Standard Swimming Pool
Code.
I recommend approval.
Exhibits Attached:
Ordinance No. 08-98, Existing Code
City Manager's Office
Bennett C. Boucher
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
g:/admin/council/meeting/1998/02-17-98/82-246.doc
ORDINANCE NO. 08-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE X,
SWIMMING POOL CODE, OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997
EDITION OF THE STANDARD SWIMMING POOL CODE; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Article X, Swimming Pool Code, is hereby amended by
repealing Section 82-246 in its entirety and replacing same with the following:
Sec. 82-246. Adopted.
The Standard Swimming Pool Code, 1997 edition, excluding Sections 105.5 and
105.6 therein, published by the Southern Building Code Congress International,
Inc., is adopted by reference as though it was copied in this article in full.
SECTION 2. Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
SECTION 3. If any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall
be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\CAPE-NT\cape-nt\cityclerk\CityClk\Ordinances\SWIMMING POOL CODE - 1998 AMENDMENTS.doc
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances — 1st Reading
Item
No.
8
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 09-98, ADOPTING THE LATEST EDITION OF THE STANDARD
HOUSING CODE
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval of this ordinance at first reading.
Summary Explanation & Background:
This ordinance amends Code Section 82-271 by adopting the latest edition of the Standard Housing Code.
I recommend approval.
Exhibits Attached:
Ordinance No. 09-98, Existing Code
City Manager's Office
Bennett C. Boucher
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
g:/admin/council/meeting/1998/02-17-98/82-271.doc
ORDINANCE NO. 09-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE XI, HOUSING
CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE
STANDARD HOUSING CODE, REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Article XI, Housing Code, is hereby amended by deleting
Section 82-271 in its entirety and adopting the following in lieu thereof:
Sec. 82-271. Adopted.
The Standard Housing Code, 1997 Edition, excluding all appendices, published by
the Southern Building Code Congress International, Inc. is adopted by reference
as though it were copied in this Article in full.
SECTION 2. Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
SECTION 3. If any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall
be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
City of Cape Canaveral
Ordinance No. 09-98
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\CAPE-NT\cape-nt\citycierk\CityClk\Ordinances\HOUSING CODE - 1995 AMENDMENTS.doc
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances — 1st Reading
Item
No.
9
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 10-98, AMENDING CHAPTER 82 ARTICLE XIII, THRESHOLD
BUILDINGS
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval of this ordinance at first reading.
Summary Explanation & Background:
This amendment adopts by reference, Florida Statutes, Chapter 553.
I recommend approval.
Exhibits Attached:
Ordinance No. 10-98, Existing Code; F.S. 553
City Manager 's Office
Bennett C. Boucher
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
g:/admin/council/meeting/1998/02-17-98 /553.doc
ORDINANCE NO. 10-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE XIII,
THRESHOLD BUILDINGS, OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING CHAPTER 553,
FLORIDA STATUTES. BY REFERENCE AND DELETING SECTION 82-
322 THROUGH 83-346; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Article XIII, Threshold Buildings, is hereby amended by
deleting Section 82-321 in its entirety and adopting the following in lieu thereof:
Sec. 82-321. State Law Adopted.
All requirements relating to Threshold Buildings specified in Chapter 553, Florida
Statutes, are adopted herein by reference as though copied in full in this Article.
SECTION 2. Chapter 82, Article XIII, Threshold Buildings, is hereby amended by
repealing Sections 82-322 through 82-346, inclusive, in their entirety.
SECTION 3. Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
SECTION 4. If any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall
be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 5. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of ,1998.
City of Cape Canaveral, Florida
Ordinance No. 10-98
Page 2
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM: Rocky Randels
Kohn Bennett, CITY ATTORNEY
E:\cityclerk\CityClk\Ordinance\THRESHOLD BUILDINGS.doc
BUILDINGS AND BUILDING REGULATIONS § 82.327
ARTICLE. THRESHOLD Sec. 82.324.
BUILDINGS*
DIVISION 1. GENERALLY
Sec. 82-321. State law adopted.
F.S. § 553.79(7), providing for special threshold
building inspectors, is adopted by reference as
though it were copied in full in this article.
(Code 1981, § 623.01)
Sec. 82-322. Definitions.
For the purposes of this article, the following
definitions are adopted in addition to the F.S. §
553.71 definitions:
Special inspector means a person certified, li-
censed or registered under F.S. ch. 471 as an en-
gineer or F.S. ch. 481 as an architect. Every such
person must have demonstrated and proven his
capability to inspect structural components of
threshold buildings.
Structural components include the following:
compaction of fill, footings, piling, pile caps, grade
beams, floor slabs, bearing walls, columns, tie
beams, lintels, reinforcing steel, shoring, reshor-
ing, roof slabs, roof assembly, stair assembly, all
structural elements depending upon one another
for continuity or support, fire resistive structural
components and any other specific requirements
of F.S. §§ 166.222, 471.003, 471.005, 489.105,
489.119, 489.129, 553.71, 553.77 and 553.79.
Threshold building means any building which
is greater than three stories or 50 feet in height or
which has -an assembly occupancy classification
that exceeds 5,000 square feet in area and an oc-
cupant content of greater than 500 persons.
(Code 1981, § 623.03)
Cross reference—Definitions and rules of construction gen-
erally, § 1-2.
State law reference—Definition of threshold building, F.S.
§ 553.71(7).
Sec. 82-323. Article supplemental.
This article is in addition to F.S. § 553.79(7)
(Code 1981, § 623.03)
*State law reference—Threshold buildings, F.S. §
553.79(7).
Sec. 82-324. Approval of plans and specifica-
tions.
For a threshold building, only those plans and
specifications carrying the building department's
stamp shall be used for inspections. No changes or
deviations from the permitted plans and specifi-
cations will be permitted until the architect or
engineer of record has cleared the plans and spec-
ifications through the building department.
(Code 1981, § 623.03(G))
Sec. 82.325. Structural inspection plan.
The structural inspection plan for a threshold
building, prepared by the engineer or architect of
record, must be approved by the building official
and must contain at least the following require-
ments:
(1) Spot checks, shall be made at least daily, of
all structural operations and all operations
relating to the structural integrity of the
building.
(2) Inspection of all materials and procedures
to be used during any structural operation
shall be done when that operation is com-
mencing.
(3) Inspection of any and all structural compo-
nents shall be done before they are covered
up.
(Code 1981, § 623.030)(E)
Sec. 82-326. Shoring and reshoring plans.
The shoring and reshoring plans for a threshold
building must be approved and sealed by the en-
gineer of record and submitted to the building
official prior to the issuance of the building permit.
(Code 1981, § 623.03(F))
Sec. 82.327. Dual inspection.
The contractor for a threshold building shall
schedule a dual inspection with both the special
inspector and the building official of all structural
components of the threshold building prior to cover
up or pouring of concrete, etc.
(Code 1981, § 623.03(K))
CD82:21
Ch. 553 BUILDING CONSTRUCTION STANDARDS F.S 1997
tenance, condition of facilities, condition of systems
and components, living conditions, occupancy, use,
and room sizes.
(5) "Local enforcement agency" means the agency
of local government with authority to make inspections:
research on techniques for mitigation of radon in exist_
standards for construction, alteration, repair, or
demolition of buildings.
(6) "Secretary" means the Secretary of Community
Affairs.
(7) "Threshold building" means any building which
is greater than three stories or 50 feet in height, or
which has an assembly occupancy classification that
exceeds 5,000 square feet in area and an occupant
content of greater than 500 persons.
(8) "Load management control device" means any
device installed by any electric utility or its contractors
which temporarily interrupts electric service to major
appliances, motors, or other electrical systems con-
tained within the buildings or on the premises of con-
sumers for the purpose of reducing the utility's system
demand as needed in order to prevent curtailment of
electric service in whole or in part to consumers and
thereby maintain the quality of service to consumers,
provided the device is in compliance with a program
approved by the Florida Public Service Commission.
History. -s. 2, ch. 74-167; s. 1, ch. 75-111; s. 1, ch. 77-365; s. 4, ch. 78-323;
ss. 3, 4, ch. 81-7; s. 77, ch. 81-167; ss. 1, 4, ch. 82-46; s. 80, ch. 83-55; s. 8, ch.
83-160; s. 2, ch. 83-265; s. 1, ch. 84-24; s. 1, ch. 84-365; ss. 5, 6, ch. 91-172; s.
5, ch. 91-429; s. 3, ch. 93-249.,
553.72 Intent. -The purpose and intent of this act is
and enforcement of state minimum building codes
which contain standards flexible enough to cover all
phases of construction and which will allow reasonable
protection for public safety, health, and general welfare
for all the people of Florida at the most reasonable cost
to the consumer.
History. s. 3, ch. 74-167.
553.721 Surcharge. -In order for the Department
of Community Affairs to administer and carry out the
purposes of this part and related activities, there is
hereby created a surcharge, to be assessed at the rate
of one-half cent per square foot under -roof floor space
permitted pursuant to s. 125.56(4) or s. 166.201. How-
ever, for additions, alterations, or renovations to exist-
ing buildings, the surcharge shall be computed on the
basis of the square footage being added, altered, or
renovated. The unit of government responsible for col-
lecting a permit fee pursuant to s. 125.56(4) or s.
166.201 shall collect such surcharge and remit the
funds collected to the department on a quarterly calen-
dar basis beginning not later than October 31, 1995, for
the preceding quarter, July 1, 1995, through Septem-
ber 30, 1995, and continuing each third month thereaf-
ter; and such unit of government may retain an amount
up to 5 percent of the surcharge collected to cover
costs associated with the collection and remittance of
such surcharge. All funds remitted to the department
pursuant to this subsection shall be deposited in the
Operating Trust Fund. Prior to the remittance to the;
department on October 31, 1995, funds shall continue
to be remitted to the 'Department of Health and Reha-
bilitative Services as provided under s. 404.056(3) for
the final quarter of state fiscal year 1994-1995. Funds
collected from such surcharge shall not be used to fund
research on techiques for mitigation of radon in exist-
ing buildings. Funds used by the department as well as
funds to be transferred to the 'Department of Health
and Rehabilitative Services shall be as prescribed in
the annual General Appropriations Act.
History.--s. 1, ch. 88-285; s. 4, ch.91-429; s. 28, ch. 92-173; s. 19, ch. 93-102:
s. 33, ch. 93-166; s. 2, ch. 94-284; s. 1, ch. 95-339.
1Note.-- The Department of Health Rehabilitative Services was redesignated
as the Department of Children and Family Services by s.5, ch. 96-403, and the
Department of Health was created by s. 8, ch. 96-403.
Note.--Former s. 404.056(3).
553.73 State Minimum Building Codes.--
(1)(a) By October 1, 1984, local governments and
state agencies with building construction regulation
responsibilities shall adopt a building code which shall
cover all types of construction. Such code shall include
the provisions of parts I-V, VII, and VIII, relating to
plumbing, electrical requirements, glass, manufactured
buildings, accessibility by handicapped persons, and
thermal efficiency, and shall be in addition to the
requirements set forth in chapter 527, which pertains to
liquefied petroleum gas.
(b) In the event that a special act of the Legislature,
passed prior or subsequent to January 1, 1978, places
responsibility for building construction regulation in a
specified local board or agency, the words "local gov-
ernment" and "local governing body" as used in this
part shall be construed to refer exclusively to such local
board or agency.
(2) There is created the State Minimum Building
Codes which shall consist of the following nationally
recognized model codes:
(a) Standard Building Codes, 1988 edition, pertain-
ing to building, plumbing, mechanical, and gas, and
excluding fire prevention;
(b) EPCOT Code, 1982 edition;
(c) One and Two Family Dwelling Code, 1986, edi-
tion; and
(d) The South Florida Building Code, 1988 edition.
Each local government and state agency with building
construction regulation responsibilities shall adopt one
of the State Minimum Building Codes as its building
code, which shall govern the construction, erection,
alternation, repair, or demolition of any building for which
the local government or state agency has building con-
struction, then one of the other recognized model
codes must be adopted for the regulation of other resi-
dential and nonresidental structures. Provisions to be
contained within any State Minimum Building Code are
restricted to requirements related to the types of materi-
als used and construction methods and standards
employed in order to meet minimum building codes.
Provisions relating to the personnel, supervision or
training of personnel, or any professional qualifi-
cation requirements relating to contractors or their
workforce may not be included within a State Minimum
Building Code, and subsection (4) is not to be con-
1710
§ 82-328
CAPE CANAVERAL CODE
Sec. 82.328. Notice of noncompliance;
meeting on stop work order.
(a) The special inspector shall notify the
building department immediately when noncom-
pliance is discovered and noted for a threshold
building.
(b) The city agrees to convene a meeting with
all interested parties whenever a stop work order
is issued. The meeting shall be at a reasonable
hour, within 24 hours of the stop work order is-
suance.
(Code 1981, § 623.03(L), (M))
Secs. 82.329-82.340. Reserved.
DIVISION 2. SPECIAL INSPECTOR
Sec. 82.341. Retention by owner.
The special inspector shall be retained by the
owner of the threshold building and shall be ap-
proved by all parties prior to the construction of
any structural components.
(Code 1981, § 623.03(A))
Sec. 82-342. Qualifications of representative.
Any person, other than the state certified spe-
cial inspector, who is sent to the job site of a
threshold building as a duly authorized represen-
tative of the special inspector to perform inspec-
tions must meet the requirements of the Standard
Building Code adopted in section 82-31, section
102.2, and be approved by the building official.
(Code 1981, § 623.03(B))
Sec. 82.343. Insurance or bond.
(a) Pursuant to this article, the special inspector
shall maintain a professional liability insurance
policy in the amount of not less than $500,000.00
per incident and $1,000,000.00 aggregate. The spe-
cial inspector shall provide a copy of his certifi-
cate of insurance and specific policies involved to
the building official prior to commencing perfor-
mance of his duties and responsibilities. The in-
surance policy shall provide that the city shall be
entitled to 15 days prior written notice of any
changes or cancellation of the policy. The policy
shall remain in effect for three years from the
completion date of the last project on which the
inspector performed services.
(b) In lieu of insurance coverage, a surety bond
for $1,000,000.00 may be posted by and for the
special inspector.
(Code 1981, § 623.03(D))
Sec. 82.344. Cooperation with building de-
partment.
The special inspector of a threshold building
shall cooperate fully with the building depart-
ment and its authorized agents in the execution of
the department's duties and responsibilities.
(Code 1981, § 623.03(N))
Sec. 82.345. Presence at job.
The special inspector shall be on the job at all
times structural components are being constructed
or placed for a threshold building. All elements of
structural installation must be observed and ap-
proved by the special inspector.
(Code 1981, § 623.03(C))
Sec. 82.346. Daily reports.
(a) The special inspector shall submit daily in-
spection or progress reports in writing to the city
for all time related to structural inspections on
the job site of a threshold building.
(b) The city will accept any daily report from
the special inspector when the report provides the
following information:
(1) Report on company letterhead.
(2) The date and time of inspection.
(3) Job name and complete address.
(4) Detailed report noting any and all changes
and corrections.
(5) The inspector's approval.
(6) The signature of the inspector under his
printed name.
(c) The city will maintain a copy of the daily
reports as submitted by the special inspector.
These records will be sworn evidence of the in-
CD82:22
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
10
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 11-98, AMENDING CHAPTER 94, SIGNS
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council consider approval of this ordinance at first reading.
Summary Explanation & Background:
The P&Z Board recommended approval of this proposed ordinance at their 01-28-98 meeting.
The building official has provided an outline of the changes to the sign code and will be in attendance to answer
any questions.
I recommend approval.
Exhibits Attached:
City Manager's memo of 02-02-98
City Manager' s Office
Bennett C. Boucher
Department P&Z/GROWTH MANAGEMENT
g;/admin/council/meeting/1998/02-17-98/11-98.doc
ORDINANCE NO. 11-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94,
SIGNS, BY AMENDING CERTAIN DEFINITIONS, EXCEPTIONS,
PROHIBITED SIGNS, LIGHTING, CRITERIA, STANDARDS,
POLITICAL SIGNS, OFF -PREMISES SIGNS, AWNING AND
CANOPIES AND CERTAIN DISTRICT REGULATIONS
REGARDING THE NUMBER AND SIZE OF SIGNS; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Section 94-1, Definitions, is hereby amended by the deletion of the
definition for Shopping Center and adoption of a new definition therefore, and the addition of a
new definition for Street Right -of -Way and Animated/Flashing Signs, as follows:
Shopping Center or Multi Tenant Center means a building with two or more
businesses.
Street Right -of -Way means the property line which bounds the right-of-way set aside
for use as a street.
Animated/Flashing Signs means any sign which uses lights that flash or alternate or
which includes action motion or illusion of motion, designed electronically, usually to
give messages by means of slight progressive changes. This definition shall also include
signs with rotating panels, generally referred to as tri -vision signs.
SECTION 2. Section 94-4, Exemptions, is hereby amended by the deletion of
Paragraphs (1), (2), and (10), and the adoption of the following in lieu thereof
(1) Signs on the exterior surface of buildings, in accordance with Section 94-96(a)(4),
94-97(a)(4), and 94-98 (a)(4).
(2) Decals affixed to, or signs painted on equipment, fuel pumps, or other types of
vending equipment used for dispensing retail products.
City of Cape Canaveral
Ordinance No. 11-98
Page 2
(10) Signs consisting of an arrangement of a group of single cutout letters when
securely fastened to a building or structural part of a building in accordance with
Section 94-96 (a)(4), 94-97 (a)(4), and 96-98 (a)(4).
SECTION 3. Section 94-6, Prohibited Signs and Sign Features, is hereby amended by
The deletion of paragraphs (c) and (d), and the adoption of new paragraphs (c) and (d), and the
Adoption of a new paragraph (h), as follows:
(c) Signs on right-of-ways, signs, except for those which are property of the state,
city or county, shall not be erected, posted, painted, tacked, nailed or otherwise
placed or located on or above any street right-of-way. All such signs are subject
to immediate removal by the city.
(d) Animated/flashing signs are hereby prohibited.
(h) Off-site/off-premises sign. Any sign not related in its subject matter to the
premises on which it is located is prohibited.
SECTION 4. Section 94-63, Li htin is hereby deleted in its entirety, and the following
are adopted in lieu thereof:
Sec. 94-63. Lighting.
(a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on
ground signs, roof signs and wall signs. However, the reflectors shall be provided
with proper glass lenses concentrating the illumination upon the area of the sign
so as to prevent glare upon the street or adjacent property.
(b) Electric signs shall comply with Article 600 of the National Electric Code.
SECTION 5. Section 94-64, Criteria and Standards for Measurement and Placement, is
hereby amended by the deletion of paragraphs (a) and (g) in its entirety, and the adoption
of the following in lieu thereof.
City of Cape Canaveral
Ordinance No. 11-98
Page 3
(a) Area. The permitted area of signs, in all zonings, unless otherwise specified in
this chapter, is dependent on street frontage of the property and shall be computed
on the basis of 1 square foot of sign area for each lineal foot of property fronta8e
up to the maximum area specified in each zoning section. This computation shall
not serve to limit a sign area to less than 32 square feet, except shopping
center/multi-use centers. Wall signs shall be computed on the basis of 1 square
foot of sign area for each lineal foot of building or tenant space frontage up to the
maximum allowed in each zoning section. For the purpose of determining area,
the total area of a sign is that within the smallest parallelogram, triangle, circle or
semicircle or combinations thereof which will completely enclose the outside
perimeter of the overall sign, including the border, if any, but excluding supports.
Three-dimensional signs shall be measured at the largest vertical cross section.
(g) Size limit. No sign shall be supported so that the uppermost edge is more than 30
feet above the ground. This subsection shall not apply to any sign on the face of
the building. Any Allowable individual sign shall not exceed 150 feet on its
largest front.
SECTION 6. Section 94-78, Political Signs, is hereby amended by the deletion of
paragraphs (d) and (e), and the adoption of the following in lieu thereof:
(d) Written consent. Any political sign placed on any commercial or industrial zoned
property within the city limits must have on file with the building department
written consent from the property owner prior to placement. Written permission
of the property owner is not required for placement of signs in residentially zoned
districts.
(e) Deposit. A deposit, as set forth in appendix B to this Code, shall be paid to the
city before any political signs are erected. The deposit shall be refunded,
provided all signs are removed within 10 days of the election, which the
candidate's name appears. If all or any portion of the signs is not removed within
the 10 -day allowance, the actual cost of such removal will be charged to the
candidate, minus the deposit.
SECTION 7. Section 94-81, Temporary Off -Premises Signs, is hereby amended by the
deletion of paragraph (d) in its entirety, and the adoption of the following in lieu thereof:
(d) The signs may be erected 30 days prior to the opening of a new business or
construction of a new housing project and shall be removed no later than 60 days
after the opening or after housing construction has stopped. Stoppage of
construction shall be defined as the issuance of a certificate of occupancy (final or
temporary), or the construction has been abandoned (ceased) for a period of 3
months. In the case of a public interest sign, a sign may be erected no more than
City of Cape Canaveral
Ordinance No. 11-98
Page 4
once a year without written approval from the building official. If a public
interest sign is erected more than once a year, written approval from the building
official is required. Each public interest sign must be removed no later than 5
days after the special event has concluded, provided, however, that a public
interest sign may not be erected for more than a total of 30 days.
SECTION 8. Section 94-83, Awnings and Canopies, is hereby deleted in its entirety,
and the following is adopted in lieu thereof:
Section 94-83. Awnings and canopies.
(a) An awning shall include any structure fixed, or capable of being raised or
lowered, made of fire resistant cloth, metal or plastic with a metal frame attached
to a building and may not project over a public (located in city rights-of-way)
sidewalk or thoroughfare. An awning shall be supported entirely by the building
without the use of ground supports.
(b) A canopy shall include any structure other than an awning, made of fire resistant
cloth, plastic or metal with metal frames attached to a building, and supported, in
part, or entirely by the ground. A canopy may not project over a thoroughfare or
public sidewalk.
(c) The following shall apply to awnings and canopies:
(1) Canopies and awnings may be constructed of fire resistant cloth, metal or
plastic, but all frames and supports shall be metal.
(2) All such awnings or portions of such awnings and canopies shall be not
less than 9 feet above the level of any private sidewalk or walkway.
(3) Every awning shall be securely attached to and supported by the building,
and posts or columns beyond the building line shall not be permitted.
When such building is less than 10 feet from public property, no awning
shall be attached to the wood jambs, frames or other wood members of the
building.
SECTION 9. Section 94-97 is hereby amended by the deletion of clause b. of
subparagraph (5) of paragraph (a) in its entirety and the adoption of the following in lieu thereof:
(a)(5)b. One wall sign on the main structure, with a maximum area of 150 square feet.
SECTION 10. Section 94-98, R-3 Medium Density Residential District, is hereby
amended by the deletion of clause b. of subparagraph (5) or paragraph (a) in its entirety, and the
City of Cape Canaveral
Ordinance No. 11-98
Page 5
adoption of the following in lieu thereof:
(a)(5)b. One wall sign on the main structure, with a maximum area of 150 square feet.
SECTION 11. Section 94-99, C-1 Low Density Commercial District and M-1 Light
Industrial and Research and Development District, is hereby amended by the deletion of
subparagraph (5) of paragraph (a) in its entirety, and the adoption of the following in lieu
thereof:
(a)(5) A total of three of the following signs are permitted:
a. One ground sign per street or road frontage to be calculated at 1 square
foot of sign per lineal foot of street or road frontage to a maximum of 150
square feet, a maximum height of 30 feet above the edge of the pavement
adjacent to the sign with a maximum width of 25 feet.
b. One wall sign calculated at 1 square foot of sign face per lineal foot of
building frontage to a maximum of 150 square feet to be placed on the
building parallel to the street or road.
One wall sign on each end of the building (maximum of 2), perpendicular
to the street or road, calculated at 1 square foot of sign face per lineal foot
of building width for each sign, with a maximum sign face of 150 square
feet.
d. One marquee sign parallel to the street or road, with a maximum sign face
area of 96 square feet.
SECTION 12. Section 94-100, Shopping Center in any District, is hereby amended by
the adoption of a new title and by the deletion of subparagraphs (4) and (6) of paragraph
(a), and the adoption of the following in lieu thereof:
Section 94-100. Shopping Center or Multi -Tenant Center in any District.
(a)(4) One wall sign per tenant space calculated at one 1 square foot of sign face for each
lineal foot of tenant space building frontage to a maximum of 150 square feet.
(a)(6) The following signs are permitted in a Shopping Center or Multi -Tenant Center:
City of Cape Canaveral
Ordinance No. 11-98
Page 6
a. One ground sign per street or road frontage calculated at 1 square foot of
sign face per lineal foot of street or road frontage to a maximum of 150
feet, a maximum height of 30 feet above the edge of the pavement
adjacent to the sign, and a maximum width of 25 feet.
b. One wall sign on each end of the building (maximum of 2), perpendicular
to the street or road frontage, calculated at 1 square foot of sign face per
lineal foot of building width for each sign, with a maximum sign face of
150 square feet.
SECTION 13. Section 94-101, Automotive Service Station, is hereby established as
follows:
Section 94-101. Automotive Service Station. Notwithstanding any provisions of this
Chapter to the contrary, the following shall apply to automotive service stations:
(a) The following signs are permitted in the C-1 low density commercial district for
automotive service stations:
(1) One ground or pole sign located on the primary street or road frontage to
be calculated to one square foot of sign area per lineal foot of primary
street or road frontage to a maximum of 150 square feet, a maximum
height of 30 feet above the edge of the pavement adjacent to the sign with
a maximum width of 25 feet.
(2) One wall sign calculated at one square foot of sign face per lineal foot of
building frontage to a maximum of 150 square feet to be placed on the
building parallel to the street or road.
(3) A choice of the following:
a. One wall sign on each end (maximum of two) of the main
building, perpendicular to the street or road frontage, calculated at
one square foot of sign face per lineal foot of building width for
each sign with a maximum sign face of 150 square feet
or
b. One wall sign on each end (maximum of two) of a permanent fixed
canopy over fuel dispensing equipment, perpendicular to the street
or road frontage, calculated at one square foot of sign face per
lineal foot of canopy roof for each sign with a maximum sign face
of 150 square feet.
City of Cape Canaveral
Ordinance No. 11-98
Page 7
(b) The following automotive service station signs are exempt from permitting
requirements:
(1) Fuel dispensing pump signs (signs on pumps must be an integral part of
the pump structure).
(2) Rack or cabinet signs (signs that are an integral part of a rack or cabinet,
such as a display of oil or wiper blades, etc.)
(c) The following signs are specifically prohibited:
(1) Attention -getting devices, banners, streamers, whirligigs, flashing,
intermittent electrical or iridescent devices.
(2) Any sign not specifically permitted.
SECTION 14. Any ordinance, or parts of an ordinance, in conflict herewith are
repealed.
SECTION 15. if any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it
shall be construed to have been a legislative intent to pass this Ordinance without such
unconstitutional or invalid part.
SECTION 16. This Ordinance shall take effect immediately upon its adoption.
City of Cape Canaveral
Ordinance No. 11-98
Page 8
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
E.\cityclerk\CityClk\Ordinances\Signs Amendment.doc
City of Cape Canaveral
CITY OF
CAPE CANAVERAL
STAFF REPORT
January 23, 1998
TO: Planning & Zoning Board Members
FROM: G. J. Moran, Building Official
SUBJECT: Proposed Sign Amendments
As requested, by the board, staff has researched for any possible conflicts with other code
sections relating to the above referenced amendments that have been submitted by staff.
There were forty three (43) references to the chapter relating to signs and it has been
determined that none are in conflict with the proposed amendments.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
MEMORANDUM
For: Planning and Zoning Board, City of Cape Canaveral.
Subject: Proposed Sign Amendment
The staff of the City of Cape Canaveral researched all references to the term `sign' or
`Chapter 94' in the Code of Ordinances. The proposed updated sign ordinance will in no
way effect any portion of the Code of Ordinances. The attached document highlights all
references to `signs' or Chapter 94.
Steven E. Bapp,
Planning and Zoning Technician
Cross reference to SIGNS
MEMORANDUM
Reference: Cross reference to SIGNS, Code of Ordinances, City of Cape Canaveral.
Sec. 34-100
(a) All signs exposed to public view permitted by Chapter 94....
(g) Lighting of signs shall be harmonious with the design, and in accordance with
Section 94-63.
CODEINDEX
Page Reference Cross Reference
ADVERTISING
Signs 94-1 et seq.
AWNINGS AND CANOPIES
Signs 94-1 et seq.
BONDS, SURETY OR PERFORMANCE
Signs 94-1 et seq.
FENCES, WALLS, HEDGES AND ENCLOSURES
INSPECTIONS
Signs 94-1 et seq.
LAND DEVELOPMENT CODE
Cdi:14
Awnings and Canopies
94-83
Cdi:14
Billboards
94-80
Cdi:16
Corner Lots
Signs
94-64(c)
Cdi:16
Deposit
Political Sign
94-78(e)
Cdi:16
Districts
Political Signs
94-78(f)
Cdi:17
Flashing Signs Prohibited
94-6(d)
Cdi:18
Ground Signs
94-64(f)
Cdi:18
Hazardous Signs
94-62(f)
Cdi:18
Ingress and egress
Signs, obstruction of
94-6(b)
Cdi:18
Inspections
Signs
Inspection by Building Official
94-36
G:\Admin\ZONING\sign x ref.doc
Page 1 of 3
Cross reference to SIGNS
Page
Reference
Cross Reference .
LAND DEVELOPMENT CODE CONT.
Cdi:18
Insurance or bond
Signs
94-10(b)
Cdi:18
Lights and Lighting
94-63
Cdi:18
Location
Measurements
Signs
94-64(e)
Political signs
94-78(c)
Cdi:18
M-1 Light Industrial and Research...
Signs
94-99
Cdi:18
Marquees
94-82
Cdi:18
Measurement and Placement
Signs
94-64
Cdi:18
Obstructions
Signs, free of ingress or egress
94-6(b)
Cdi:18
Off -Site Signs
Generally
94-6(g)
Cdi:21
Signs constituting traffic hazards
94-62(c)
Cdi:22
Vehicles
Signs on
94-6(f)
Cdi:28
LICENSES AND PERMITS
Political Signs
94-78
Signs
Land development code regulations
94-1 et seq.
Cdi:29
LIGHTS AND LIGHTING
Signs
94-63
Cdi:29
MARQUEES
Signs
Land development code regulations
94-1 et seq.
Cdi:30
MOTOR VEHICLES AND TRAFFIC
Signs
Land development code regulations
94-1 et seq.
Cdi:31
OBSTRUCTIONS
Signs
94-1 et seq.
Cdi:33
PLANNED UNIT DEVELOPMENTS
Signs
Land development code regulations
94-1 et seq.
G:\Admin\ZONING\sign x ref.doc
Page 2 of 3
Cross reference to SIGNS
Page
Reference
Cross Reference
Cdi:33
POLES AND WIRES
Signs
Land development code regulations
94-1 et seq.
Cdi:33
POLITICAL SIGNS
Signs
Land development code regulations
94-1 et seq.
Cdi:34
PUBLIC WORKS AND IMPROVEMENTS
94-1 et seq.
Cdi:35
RESIDENTIAL DISTRICTS
Signs
94-96 et seq.
Cdi:35
ROAD SIGNS
Signs
Land development code regulations
94-1 et seq.
Cdi:36
SHOPPING CENTERS
Signs
Land development code regulations
94-1 et seq.
Cdi:37
SIGNS AND BILLBOARDS
Specific regulations pertaining to signs
94-1 et seq.
Cdi:38
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS
Signs
Land development code regulations
94-1 et seq.
Cdi:42
ZONING
Signs
94-1 et seq.
G:\Admin\ZONING\sign x ref doc
Page 3 of 3
City of Cape Canaveral
STAFF REPORT
January 8, 1998
TO: Planning & Zoning Board Members
FROM: G. J. Moran, Building Official
SUBJECT: Amendments To Chapter 94, Signs
In response to the boards recommendations during the meeting held on December 10,
1997, staff has revised the attached proposed amendments to address board comments
and included a new definition relating to animated signs.
The board concluded on page 4 of the proposed amendments with Sec. 94-98 and will
continue its review starting with Sec. 94-99. C-1 low density commercial district and M-1
light industrial and research and development district.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920.0326
TELEPHONE 1407) 868-1200 0 FAX 1407) 799-3170
SIGNS
CHAPTER 94
SECTION 94-1
DEFINITIONS
Per the Planning & Zoning Board request of December 10, 1997, staff has
researched other communities and offer the following relating to a message
board.
Rename message board to:
Animated Sign
New definition to read:
Animated sign/Flashing sign.
Any sign which uses lights that flash or alternate or which includes action, motion, or
illusion of motion, designed electronically, usually to give messages by means of slight
progressive changes. This definition includes signs with rotating panels, generally
referred to as tri -vision signs. Such signs are not permitted
Also replace proposed amendment 94-6. Prohibited signs and sign features, sub-
section (d), with the above terminology.
PROPOSED AMENDMENTS
TO CHAPTER 94
SIGNS
PROPOSED BY: G. J. Moran, CBO, Building Official July 15, 1997
Sec. 94 - 1 Definitions:
Street right-of-way means the property line which bounds the right-of-way set aside for
use as a street.
(Reason: there presently is no definition in the sign section for right-of-way, this
definition matches that used in zoning and other sections of the codes)
Shopping center / Multi tenant center means a building with two or more businesses.
(Delete balance)
(Reason: present definition does not take into account that a Multi -business center may,
or may not, display or sell merchandise, i.e.; offices, medical or dental centers, etc.)
Animated/Flashing Sign means any sign which uses lights that flash or alternate or
which includes action motion or illusion of motion, designed electronically, usually to
give messages by means of slight progressive changes. This definition shall also include
signs with rotating panels, generally referred to as tri -vision signs.
(Reason: clarifies that signs using a sequential program of flashing lights that are
commonly referred to as electronic message boards and operate so fast that the human
eye cannot detect the flash are also deemed flashing signs)
Sec. 94 - 4 Exemptions:
(1) Signs (delete painted) on the exterior surface of buildings, in accordance with section
94 - 96, (a), (4), 94 - 97, (a), (4), and 96 - 98, (a), (4).
(Reason: present wording gives the impression that signs painted on the exterior are
exempt, most individuals do not check the sections indicated, this change would remove
the impression)
(2) Decals affixed to, or signs painted on, equipment, fuel pumps or other types of
vending equipment used for dispensing retail products.
(Reason: store fronts and canopies are regulated under wall signs.)
(10) Signs consisting of an arrangement of a group of single cutout letters when securely
(continued page 2)
Page 2
fastened to a building or structural part of a building, in accordance with section 94 - 96,
(a), (4), 94 - 97, (a), (4), and 96 - 98, (a), (4).
(Reason: by being specific as to which sections and subsections apply will eliminate
confusion as to exactly what is exempt)
Sec. 94 - 6. Prohibited signs and sign features.
(c) Signs on right-of-ways. signs, except for those which are property of the state, city or
county, shall not be erected, posted, painted, tacked, nailed or otherwise placed or located
on or above any street right-of-way. All such signs are subject to immediate removal
by the city.
(Reason: provides the provision that these illegal signs may be removed by the city
without notification or code enforcement action as stated elsewhere in the code)
(d) Animated/Flashing signs are hereby prohibited.
(Reason: as most message boards use a series offlashing lights that are too fast to
observe with the naked eye, this removes any confusion that they are also prohibited)
(h) (new sub -section) Off--site/off premises sign. Any sign not related in its subject
matter to the premises on which it is located is prohibited.
(Reason: clarifies that not only off-site, but also off premises are the same, as already
stipulated in the definitions section)
Sec. 94 - 63. Lighting.
Renumber existing paragraph, Number (a).
Add (b). Electric signs shall comply with Article 600 of the National Electric Code.
(Reason: existing requirements only refer to exterior light sources, this addition corrects
that omission, the NEC Article 600 regulates interior wiring and lighting, the city has
adopted the NEC )
Sec. 94 - 64. Criteria and standards for measurement and placement.
(a) Area. The permitted area of signs, in all zonings, unless otherwise specified in this
chapter, is dependent on street frontage of the property and shall be computed on the
basis of one square foot of sign area for each lineal foot of property frontage up to the
maximum area specified in each zoning section. This computation shall not serve to
limit a sign area to less than 32 square feet, except shopping center / multi use centers.
Wall signs shall be computed on the basis of one square foot of sign area for. each
(continued page 3)
Page 3
lineal foot of building or tenant space frontage up to the maximums allowed in each
zoning section. For the purpose of determining area, the total area of a sign is that within
the smallest parallelogram, triangle, circle or semicircle or combinations thereof which
will completely enclose the outside perimeter of the overall sign, including the border, if
any, but excluding supports. Three dimensional signs shall be measured at the largest
vertical cross section.
(Reason: this change clarifies the procedure used for the way to measure but places the
actual allowable amount of square footage in the zoning classification to eliminate
confusion. it also incorporates a simplified formula for the calculation of wall signs)
(g) Size limit. No sign shall be supported so that the uppermost edge is more than 30 feet
above the ground. This subsection shall not apply to any sign on the face of the building.
Any allowable individual sign shall not exceed 150 feet on its largest front.
(Reason: clarification on maximum size allowed)
Sec. 94 - 78. Political signs.
(d). Written consent. Any political sign placed on any commercial or industrial zoned
property within the city limits must have on file with the building department
written consent from the property owner prior to placement. Written permission of
the property owner is not required for placement of signs in residentially zoned districts.
(Reason: to delete requirements for permits per Florida State Statute 479.16, (14) )
(e). Deposit. A deposit as set forth in appendix B to this Code shall be paid to the city
before any political signs are erected. The deposit shall be refunded, provided all signs
are removed within ten days of the election in which the candidate's name appears. If all
or any portion of the signs are not removed within the ten day allowance, the actual
cost of such removal will be charged to the candidate, minus the deposit.
(Reason: to comply with the requirements of Florida State Statute 106.1435, (2) and (S).)
NO OTHER CHANGES TO SECTION.
Sec. 94 - 81 Temporary off - premises signs.
(d) (last sentence) In the case of a public interest sign, a sign may be erected no more
than once a year, without written approval from the building official. If a public
interest sign is erected more than once a year, written approval from the building
official is required. Each public interest sign must be removed no later than five days
after the special event has concluded provided, however, that a public interest sign may
not be erected for more than a total of 30 days.
(Reason: there are cases when more than once a year is appropriate, i. e.,- shuttle
launches and landings, this allows individual evaluation and approval of such requests)
(continued page 4)
Page 4
Sec. 94 - 83. Awnings and canopies.
(a) An awning shall include any structure, fixed, or capable of being raised or lowered,
made of fire resistant cloth, metal or plastic with a metal frame attached to a building and
may not project over a public sidewalk or thoroughfare. An awning shall be
supported entirely by the building without the use of ground supports.
(Reason: clarifies the intent and deletes the allowance for awnings over city owned
sidewalks and roadways)
(b) A canopy shall include any structure other than an awning, made of fire resistant
cloth, plastic or metal with metal frames attached to a building and supported, in part,
or entirely, by the ground . A canopy may not project over a public sidewalk or
thoroughfare.
(Reason: same as (a) above)
(c), (2). All such awnings and canopies or portions of such awnings and canopies shall be
not less than nine feet above the level of any private sidewalk or walkway.
(Reason: correlates overhead clearance with the requirements of the Standard Building
Code as adopted by the city and deletes reference to widths as this is irrelevant.)
Sec. 94 - 97. R - 2 medium density residential district.
(a), (5), b. One wall sign on main structure, with a maximum area of 150 square feet.
(Reason: for apartments and condominium projects that may contain two or more
structures this change allows only the main structure to have signs and also states the
maximum allowed)
Sec 94 - 98. R - 3 medium density residential district.
(a), (5), b. One wall sign on main structure, with a maximum area of 150 square feet.
(Reason: same as Sec. 94- 97 above)
Sec. 94 - 99. C - 1 low density commercial district and M - 1 light industrial and research
and development district.
(a) Number (5). It is staffs recommendation that this section be rewritten to read:
(5) a. A total of three (3) of the following signs are permitted.
b. One (1) ground sign per street or road frontage to be calculated at one (1)
square foot of sign area per lineal foot of street or road frontage to a
maximum of 150 square feet, a maximum height of 30 feet above the edge of
the pavement adjacent to the sign with a maximum width of 25 feet.
(continued page 5)
Page 5
c. One (1) wall sign calculated at one (1) square foot of sign face per lineal foot
of building frontage to a maximum of 150 square feet to be placed on the
building parallel to the street or road.
d. One (1) wall sign on each end of the building (2 maximum), perpendicular to
the street or road, calculated at one (1) square foot of sign face per lineal foot
of building width for each sign, with a maximum sign face of 150 square feet.
e. One marquee sign parallel to the street or road, with a maximum sign face
area of 96 square feet.
Balance of section to remain the same.
(Reason: brings the applicable calculations to the code section that contains the choices
and clarifies the types and placement of the allowable signs/ it is also staff's opinion that
roof signs be prohibited entirely due to the extreme wind loads placed on this type of a
structure during a hurricane and the proven damage and life safety issues involved
pertaining to airborne debris.)
Sec. 94-100. Shopping center in any district
It is staff s opinion that this section be re -titled:
Sec. 94-100. Shopping Center or Multi -Tenant Center in any district. (see revised
definition)
Revise number (a), (4) to read:
(4) One (1) wall sign per tenant space calculated at one (1) square foot of sign face
for each lineal foot of tenant space building frontage to a maximum of 150
square feet.
Revise number (a), (6) to read:
(6) The following signs are permitted in a Multi -tenant center:
a. One ground sign per street or road frontage calculated at one (1) square foot
of sign face per lineal foot of street or road frontage to a maximum of 150
square feet, a maximum height of 30 feet above the edge of the pavement
adjacent to the sign, and a maximum width of 25 feet.
b. One (1) wall sign on each end of the building (maximum of 2), perpendicular
to the street or road frontage, calculated at one (1) square foot of sign face per
lineal foot of building width for each sign, with a maximum sign face of 150
square feet.
Balance of section to remain the same.
(continued page 6)
Page 6
(Reason: as most Multi- tenant buildings are located in C-1 & M-1 Zoning Districts the
allowances should be similar. It is also staff's opinion that individual tenants in any
multi -use building should be allowed to have a wall sign, but it be restricted and in
proportion to the space leased or rented.)
(see proposed amendments —Automotive Service Stations.
Page 7
SIGN CODE
ADDITIONAL AMENDMENTS
AUTOMOTIVE SERVICE STATIONS
THE FOLLOWING ARE SUGGESTED REQUIREMENTS RELATING TO
AUTOMOBILE SERVICE STATIONS THAT THE PLANNING & ZONING BOARD
MAY WISH TO CONSIDER:
(create new section 95-1 as follows)
Sec. 95-1. Automotive Service Station Allowed By Special Exception In C-1 Zoning
District.
(a) The following signs are permitted in the C-1 low density commercial district for
automotive service stations.
(1). One (1) ground or pole sign located on the primary street or road frontage to be
calculated at one (1) square foot of sign area per lineal foot of primary street or road
frontage to a maximum of 150 square feet, a maximum height of 30 feet above the
edge of the pavement adjacent to the sign with a maximum width of twenty five feet.
(2). One (1) wall sign calculated at one (1) square foot of sign face per lineal foot of
building frontage to a maximum of 150 square feet to be placed on the building
parallel to the street or road.
(3). A choice of the following:
a. One (1) wall sign on each end (maximum of two (2)) of the main building,
perpendicular to the street or road frontage, calculated at one (1) square foot of sign
face per lineal foot of building width for each sign with a maximum sign face of 150
square feet.
OR:
b. One (1) wall sign on each end (maximum of two (2)) of a permanent fixed
canopy over fuel dispensing equipment, perpendicular to the street or road
frontage, calculated at one (1) square foot of sign face per lineal foot of canopy roof
for each sign with a maximum sign face of 150 square feet.
(continued page 8)
Page 8
Sec. 95-2. THE FOLLOWING AUTOMOTIVE SERVICE STATION SIGNS ARE
EXEMPT FROM PERMITTING REQUIREMENTS:
(1). Fuel dispensing pump signs (signs on pumps must be an integral part of the
pump structure)
(2). Rack or cabinet signs. (signs that are an integral part of a rack or cabinet; such
as display of oil or wiper blades, etc.)
(3). The following signs are specifically prohibited:
a. Attention -getting devices. Banners streamers, whirligigs, flashing,
intermittent electrical or iridescent devices.
b. Any sign not specifically permitted:
City of Cape Canaveral
CITY OF
CAPE CANAVERAL
January 29, 1998
MEMORANDUM:
TO: Bennett Boucher, City Manager
FROM: G. J. Moran, Building Official
SUBJECT: Proposed Amendments To Chapter 94 — Signs
Attached is the proposed Ordinance and supporting documentation relating to the above
staff recommended amendments to the existing Sign Ordinance that was unanimously
recommended for approval by the Planning & Zoning Board in the meeting of January
28, 1997.
I am requesting that this item be placed on the City Council agenda for consideration at
the earliest possible meeting.
Staff recommends approval of this Ordinance.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799.3170
City of Cape Canaveral
CITY OF
CAPE CANAVERAL
January 29, 1998
MEMORANDUM:
TO: Bennett Boucher, City Manager
FROM: G. J. Moran, Building Official
SUBJECT: Proposed Amendments To Chapter 94 — Signs
Attached is the proposed Ordinance and supporting documentation relating to the above
staff recommended amendments to the existing Sign Ordinance that was unanimously
recommended for approval by the Planning & Zoning Board in the meeting of January
28.1997.
I am requesting that this item be placed on the City Council agenda for consideration at
the earliest possible meeting.
Staff recommends approval of this Ordinance.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868.1200 • FAX 1407) 799-3170
MEMORANDUM
DATE: FEBRUARY 2, 1998
TO: HONORABLE MAYOR AND
MEMBERS OF CITY COUNIL
FROM: BENNETT C. BOUCHER
CITY MANAGER
SUBJECT: AMENDMENTS TO SIGN CODE
The Planning and Zoning Board on 01-28-98 recommended the attached amendments to Chapter 94 of the
city sign code. This is an advance copy for your review and will be on the council agenda of 02-17-98 for
consideration.
If you have any questions or comments, please contact the city attorney, building official or myself.
BCB:kmm
Attachment
PROPOSED AMENDMENTS
TO CHAPTER 94
SIGNS
PROPOSED BY: G. J. Moran, CBO, Building Official July 15, 1997
Sec. 94 - 1 Definitions:
Street right-of-way means the property line which bounds the right-of-way set aside for
use as a street.
(Reason: there presently is no definition in the sign section for right-of-way, this
definition matches that used in zoning and other sections of the codes)
Shopping center / Multi tenant center means a building with two or more businesses.
(Delete balance)
(Reason: present definition does not take into account that a Multi -business center may,
or may not, display or sell merchandise, i. e.,- offices, medical or dental centers, etc.)
Animated/Flashing Sign means any sign which uses lights that flash or alternate or
which includes action motion or illusion of motion, designed electronically, usually to
give messages by means of slight progressive changes. This definition shall also include
signs with rotating panels, generally referred to as tri -vision signs.
(Reason: clarifies that signs using a sequential program of flashing lights that are
commonly referred to as electronic message boards and operate so fast that the human
eye cannot detect the flash are also deemed flashing signs)
Sec. 94 - 4 Exemptions:
(1) Signs (delete painted) on the exterior surface of buildings, in accordance with section
94 - 96, (a), (4), 94 - 97, (a), (4), and 96 - 98, (a), (4).
(Reason: present wording gives the impression that signs painted on the exterior are
exempt, most individuals do not check the sections indicated, this change would remove
the impression)
(2) Decals affixed to, or signs painted on, equipment, fuel pumps or other types of
vending equipment used for dispensing retail products.
(Reason: store fronts and canopies are regulated under wall signs.)
(10) Signs consisting of an arrangement of a group of single cutout letters when securely
(continued page 2)
Page 2
fastened to a building or structural part of a building, in accordance with section 94 - 96,
(a), (4), 94 - 97, (a), (4), and 96 - 98, (a), (4).
(Reason: by being specific as to which sections and subsections apply will eliminate
confusion as to exactly what is exempt)
Sec. 94 - 6. Prohibited signs and sign features.
(c) Signs on right-of-ways. signs, except for those which are property of the state, city or
county, shall not be erected, posted, painted, tacked, nailed or otherwise placed or located
on or above any street right-of-way. All such signs are subject to immediate removal
by the city.
(Reason: provides the provision that these illegal signs may be removed by the city
without notification or code enforcement action as stated elsewhere in the code)
(d) Animated/Flashing signs are hereby prohibited.
(Reason: as most message boards use a series of flashing lights that are too fast to
observe with the naked eye, this removes any confusion that they are also prohibited)
(h) (new sub -section) Off-site/off premises sign. Any sign not related in its subject
matter to the premises on which it is located is prohibited.
(Reason: clarifies that not only off-site, but also off premises are the same, as already
stipulated in the definitions section)
Sec. 94 - 63. Lighting.
Renumber existing paragraph, Number (a).
Add (b). Electric signs shall comply with Article 600 of the National Electric Code.
(Reason: existing requirements only refer to exterior light sources, this addition corrects
that omission, the NEC Article 600 regulates interior wiring and lighting, the city has
adopted the NEC)
Sec. 94 - 64. Criteria and standards for measurement and placement.
(a) Area. The permitted area of signs, in all zonings, unless otherwise specified in this
chapter, is dependent on street frontage of the property and shall be computed on the
basis of one square foot of sign area for each lineal foot of property frontage up to the
maximum area specified in each zoning section. This computation shall not serve to
limit a sign area to less than 32 square feet, except shopping center / multi use centers.
Wall signs shall be computed on the basis of one square foot of sign area for each
(continued page 3)
Page 3
lineal foot of building or tenant space frontage up to the maximums allowed in each
zoning section. For the purpose of determining area, the total area of a sign is that within
the smallest parallelogram, triangle, circle or semicircle or combinations thereof which
will completely enclose the outside perimeter of the overall sign, including the border, if
any, but excluding supports. Three dimensional signs shall be measured at the largest
vertical cross section.
(Reason: this change clarifies the procedure used for the way to measure but places the
actual allowable amount of square footage in the zoning classification to eliminate
confusion. it also incorporates a simplifted formula for the calculation of wall signs)
(g) Size limit. No sign shall be supported so that the uppermost edge is more than 30 feet
above the ground. This subsection shall not apply to any sign on the face of the building.
Any allowable individual sign shall not exceed 150 feet on its largest front.
(Reason: clarification on maximum size allowed)
Sec. 94 - 78. Political signs.
(d). Written consent. Any political sign placed on any commercial or industrial zoned
property within the city limits must have on file with the building department
written consent from the property owner prior to placement. Written permission of
the property owner is not required for placement of signs in residentially zoned districts.
(Reason: to delete requirements for permits per Florida State Statute 479.16, (14) )
(e). Deposit. A deposit as set forth in appendix B to this Code shall be paid to the city
before any political signs are erected. The deposit shall be refunded, provided all signs
are removed within ten days of the election in which the candidate's name appears. If all
or any portion of the signs are not removed within the ten day allowance, the actual
cost of such removal will be charged to the candidate, minus the deposit.
(Reason: to comply with the requirements of Florida State Statute 106.1435, (2) and (5).)
NO OTHER CHANGES TO SECTION.
Sec. 94 - 81 Temporary off - premises signs.
(d) (last sentence) In the case of a public interest sign, a sign may be erected no more
than once a year, without written approval from the building official. If a public
interest sign is erected more than once a year, written approval from the building
official is required. Each public interest sign must be removed no later than five days
after the special event has concluded provided, however, that a public interest sign may
not be erected for more than a total of 30 days.
(Reason: there are cases when more than once a year is appropriate, i. e.,- shuttle
launches and landings, this allows individual evaluation and approval of such requests)
(continued page 4)
Page 4
Sec. 94 - 83. Awnings and canopies.
(a) An awning shall include any structure, fixed, or capable of being raised or lowered,
made of fire resistant cloth, metal or plastic with a metal frame attached to a building and
may not project over a public sidewalk or thoroughfare. An awning shall be
supported entirely by the building without the use of ground supports.
(Reason: clarifies the intent and deletes the allowance for awnings over city owned
sidewalks and roadways)
(b) A canopy shall include any structure other than an awning, made of fire resistant
cloth, plastic or metal with metal frames attached to a building and supported, in part,
or entirely, by the ground . A canopy may not project over a public sidewalk or
thoroughfare.
(Reason: same as (a) above)
(c), (2). All such awnings and canopies or portions of such awnings and canopies shall be
not less than nine feet above the level of any private sidewalk or walkway.
(Reason: correlates overhead clearance with the requirements of the Standard Building
Code as adopted by the city and deletes reference to widths as this is irrelevant.)
Sec. 94 - 97. R - 2 medium density residential district.
(a), (5), b. One wall sign on main structure, with a maximum area of 150 square feet.
(Reason: for apartments and condominium projects that may contain two or more
structures this change allows only the main structure to have signs and also states the
maximum allowed)
Sec 94 - 98. R - 3 medium density residential district.
(a), (5), b. One wall sign on main structure, with a maximum area of 150- square feet.
(Reason: same as Sec. 94- 97 above)
Sec. 94 - 99. C - 1 low density commercial district and M - 1 light industrial and research
and development district.
(a) Number (5). It is staff s recommendation that this section be rewritten to read:
(5) a. A total of three (3) of the following signs are permitted.
b. One (1) ground sign per street or road frontage to be calculated at one (1)
square foot of sign area per lineal foot of street or road frontage to a
maximum of 150 square feet, a maximum height of 30 feet above the edge of
the pavement adjacent to the sign with a maximum width of 25 feet.
(continued page 5)
Page 5
c. One (1) wall sign calculated at one (1) square foot of sign face per lineal foot
of building frontage to a maximum of 150 square feet to be placed on the
building parallel to the street or road.
d. One (1) wall sign on each end of the building (2 maximum), perpendicular to
the street or road, calculated at one (1) square foot of sign face per lineal foot
of building width for each sign, with a maximum sign face of 150 square feet.
e. One marquee sign parallel to the street or road, with a maximum sign face
area of 96 square feet.
Balance of section to remain the same.
(Reason: brings the applicable calculations to the code section that contains the choices
and clarifies the types and placement of the allowable signs/ it is also staff's opinion that
roof signs be prohibited entirely due to the extreme wind loads placed on this type of a
structure during a hurricane and the proven damage and life safety issues involved
pertaining to airborne debris.)
Sec. 94-100. Shopping center in any district
It is staff s opinion that this section be re -titled:
Sec. 94-100. Shopping Center or Multi -Tenant Center in any district. (see revised
definition)
Revise number (a), (4) to read:
(4) One (1) wall sign per tenant space calculated at one (1) square foot of sign face
for each lineal foot of tenant space building frontage to a maximum of 150
square feet.
Revise number (a), (6) to read:
(6) The following signs are permitted in a Multi -tenant center:
a. One ground sign per street or road frontage calculated at one (1) square foot
of sign face per lineal foot of street or road frontage to a maximum of 150
square feet, a maximum height of 30 feet above the edge of the pavement
adjacent to the sign, and a maximum width of 25 feet.
b. One (1) wall sign on each end of the building (maximum of 2), perpendicular
to the street or road frontage, calculated at one (1) square foot of sign face per
lineal foot of building width for each sign, with a maximum sign face of 150
square feet.
Balance of section to remain the same.
(continued page 6)
Page 6
(Reason: as most Multi- tenant buildings are located in C -1 & M-1 Zoning Districts the
allowances should be similar. It is also staff's opinion that individual tenants in any
multi -use building should be allowed to have a wall sign, but it be restricted and in
proportion to the space leased or rented.)
(see proposed amendments —Automotive Service Stations.
Page 7
SIGN CODE
ADDITIONAL AMENDMENTS
AUTOMOTIVE SERVICE STATIONS
THE FOLLOWING ARE SUGGESTED REQUIREMENTS RELATING TO
AUTOMOBILE SERVICE STATIONS THAT THE PLANNING & ZONING BOARD
MAY WISH TO CONSIDER:
(create new section 95-1 as follows)
Sec. 95-1. Automotive Service Station Allowed By Special Exception In C-1 Zoning
District.
(a) The following signs are permitted in the C-1 low density commercial district for
automotive service stations.
(1). One (1) ground or pole sign located on the primary street or road frontage to be
calculated at one (1) square foot of sign area per lineal foot of primary street or road
frontage to a maximum of 150 square feet, a maximum height of 30 feet above the
edge of the pavement adjacent to the sign with a maximum width of twenty five feet.
(2). One (1) wall sign calculated at one (1) square foot of sign face per lineal foot of
building frontage to a maximum of 150 square feet to be placed on the building
parallel to the street or road.
(3). A choice of the following:
a. One (1) wall sign on each end (maximum of two (2)) of the main building,
perpendicular to the street or road frontage, calculated at one (1) square foot of sign
face per lineal foot of building width for each sign with a maximum sign face of 150
square feet.
OR:
b. One (1) wall sign on each end (maximum of two (2)) of a permanent fixed
canopy over fuel dispensing equipment, perpendicular to the street or road
frontage, calculated at one (1) square foot of sign face per lineal foot of canopy roof
for each sign with a maximum sign face of 150 square feet.
(continued page 8)
Page 8
Sec. 95-2. THE FOLLOWING AUTOMOTIVE SERVICE STATION SIGNS ARE
EXEMPT FROM PERMITTING REQUIREMENTS:
(1). Fuel dispensing pump signs (signs on pumps must be an integral part of the
pump structure)
(2). Rack or cabinet signs. (signs that are an integral part of a rack or cabinet; such
as display of oil or wiper blades, etc.)
(3). The following signs are specifically prohibited:
a. Attention-getting devices. Banners streamers, whirligigs, flashing,
intermittent electrical or iridescent devices.
b. Any sign not specifically permitted.
MEMORANDUM:
January 29, 1998
TO: Bennett Boucher, City Manager
FROM: G. J. Moran, Building Official
SUBJECT: Proposed Amendments To Chapter 94 — Signs
As an afterthought relating to the proposed changes recommended in SECTION 13, Sec.
94-101, (c), (1), Prohibited signs at automobile service stations, the City Council may
wish to consider the addition of Air Inflated Devices and Balloons to the list.
(Reason: many establishments use extremely large air inflated attention getting devices,
such as the Michelin Tire man, Monkeys, Hot Air Balloons, etc., to advertise, that the
City Council may feel are inappropriate)
City of Cape Canaveral
STAFF REPORT
TO: Planning & Zoning Board Members
FROM: G. J. Moran, Building Official
SUBJECT: Amendments To Chapter 94, Signs
In response to the boards recommendations during the meeting held on December 10,
1997, staff has revised the attached proposed amendments to address board comments
and included a new definition relating to animated signs.
The board concluded on page 4 of the proposed amendments with Sec. 94-98 and will
continue its review starting with Sec. 94-99. C-1 low densiLY commercial district and M-1
light industrial and research and development district.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 9 FAX (407) 799-3170
SIGNS
CHAPTER 94
SECTION 94-1
DEFINITIONS
Per the Planning & Zoning Board request of December 10, 1997, staff has
researched other communities and offer the following relating to a message
board.
Rename message board to:
Animated Sign
New definition to read:
Animated sign/Flashing sign.
Any sign which uses lights that flash or alternate or which includes action, motion, or
illusion of motion, designed electronically, usually to give messages by means of slight
progressive changes. This definition includes signs with rotating panels, generally
referred to as tri -vision signs. Such signs are not permitted.
Also replace proposed amendment 94-6. Prohibited signs and sign features, sub-
section (d), with the above terminology.
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
11
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 12-98, AMENDING SECTION (B) (2), DUTIES AND RESPONSIBILITIES
FOR MAINTENANCE (RELATING TO DUMPSTERS)
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of this ordinance at first reading.
Summary Explanation & Background:
The proposed ordinance would adopt USA Waste's recommended specifications for dumpster screening.
If City Council wants to include the requirement for front gates of the dumpster enclosure, the building official
has suggested language in the attached memo.
Please advise.
Exhibits Attached:
Ordinance No. 12-98; 2 memos from the building official dated 12-09-97; Existing Code
City Manager's Office
Bennett C. Boucher
Department LEGISLATIVE
g:/admin/council/meeting/1998/02-17-98 /12-98.doc
ORDINANCE NO. 12-95
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 34, ENVIRONMENT,
SECTION 34-97, DUTIES AND RESPONSIBILITIES FOR MAINTENANCE,
BY AMENDING THE REQUIREMENTS FOR THE SCREENING AND
FENCING OF DUMPSTER AREAS; ADOPTING DIMENSIONS FOR
ENCLOSURES AS APPENDIX A; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. Section 34-97, Duties and Responsibilities for Maintenance,
Subparagraph (2) of Paragraph (b) is hereby deleted in its entirety, and the following is adopted
in lieu thereof:
34-97, (b)(2) Screening of service yards and dumpster area by use of walls,
fencing, planting or a combination of these shall include operable gates which meet
the design requirements as adopted in Appendix A of this Article referring to this
section. Screening shall be equally effective in winter and summer.
SECTION 2. Appendix A of the Code of Ordinances is amended by the adoption of
design requirements referenced as Section 34-97(b)(2), attached hereto as Exhibit 1 and
incorporated herein by this reference.
SECTION 3. If any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall
be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
City of Cape Canaveral, Florida
Ordinance No. 12-98
Page 2
SECTION 5. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK Tony Hernandez
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
E:\cityclerk\CityClk\Ordinances\SCREENING AND FENCING OF DUMPSTER AREAS.doc
Exhibit 1
Sec. 34-97, (b)(2)
"APPENDIX A"
ANGLE OF PAD WITH DRIVING LANE SHALL ALLOW
FOR A STRAIGHT -LINE MANEUVERING DISTANCE
OF 35 FT.
2 LANES
EXPANSION
JOINT
*INSIDE DIMENSION OF ENCLOSURE
COLLECTION VEHICLE CONFIGURATION
DUMPSTER PAD
A wholly owned subsidiary of USA Waste Services, Inc
ENVIRONMENT
(d) Exterior property areas of all premises
shall be kept free of all nuisances, litter, rubbish,
debris, objects, material or conditions which may
create a health or fire hazard. Exterior property
areas shall be free of unsanitary conditions which
constitute a blighting or deteriorating influence
on the neighborhood. Lawns, landscaping, drive-
ways and fences shall be maintained so as not to
constitute a blighting or deteriorating effect in
the neighborhood.
(e) Exterior property of buildings under con-
struction shall be maintained during the period of
construction as free of debris, rubbish or litter as
possible so as not to constitute a blighting effect
on the neighborhood.
(Code 1981, § 652.11)
Sec. 34-97. Duties and responsibilities for
maintenance.
(a) The owner of every single-family or multiple -
family dwelling, commercial or industrial prop-
erty, his appointed agent and the occupant, oper-
ator, tenant or anyone otherwise using the property
in any form or manner shall maintain the prem-
ises free of hazards which include but are not
limited to:
(1) Brush, weeds, broken glass, stumps, roots,
obnoxious growths, accumulations of filth,
garbage, trash, refuse, debris and inoper-
ative machinery.
(2) Dead or dying trees and limbs or other
natural growth which, because of rotting,
deterioration or storm damage, constitute
a hazard to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed
to prevent such conditions.
(3) Holes, excavations, breaks, projections,
obstructions. All such holes and excava-
tions shall be filled and repaired and
walks and steps replaced and other con-
ditions removed where necessary to elim-
inate hazards or unsanitary conditions
with reasonable dispatch upon their dis-
covery.
(4) Excretions of pets on paths, walks, drive-
ways, parking lots, parking areas and
§ 34-98
other parts of the premises which are
accessible to and used by persons on the
premises.
(5) Excessive accumulation of stormwater.
(6) Source of infestation.
(7) Vacant property and improvements shall
be kept free of refuse, debris, trash or
litter and vegetation cut periodically as
needed.
(b) The owner of every single-family or multiple -
family dwelling, commercial or industrial prop-
erty, his appointed agent and occupants, opera-
tors, tenants or anyone otherwise using the
property in any form or manner shall provide:
(1) Adequate placement of trash cans and
dumpsters in strict observance of applica-
ble sections of this Code and guidelines
for garbage and trash collection service.
(2) Screening of service yards and dumpster
areas by use of walls, fencing, planting or
a combination of these. Screening shall be
equally effective in winter and summer.
(3) Parking areas in good repair, free from
erosion, properly marked and clear of
litter and debris.
(Code 1981, § 652.13)
Cross references --Supplementary zoning district regu-
lations, § 110-466 et seq.; visibility requirements at intersec-
tions, § 110-469; requirements for fences, walls and hedges, §
110-470.
Sec. 34-98. Building ,appearance and main-
tenance.
The following criteria, unless specifically lim-
ited, shall apply to all improvements within the
city:
(1) Reserved.
(2) Materials shall have good architectural
character and shall be selected for suit-
ability to the type of buildings and the
design in which they are used. Materials
shall be of durable quality and appropri-
ate to the climatic conditions of Florida.
(3) Mechanical equipment, including air con-
ditioners or other utility hardware, on the
roof, ground or buildings shall be screened
Supp. No. 4 CD34:9
DRAFT B.B.
# 1 FYI
December 9, 1997
MEMORANDUM:
TO: Bennett Boucher, City Manager
cc: Kohn Bennett, City Attorney
FROM: Whitey Moran, Building Official
Re: Memo Dated December 2, 1997 - Dumpster Screening Requirements
Relating to the above request staff would submit the following amendments to Section
34-97, (b)(2) for consideration.
(2) Screening of service yards and dumpster areas by use of walls, fencing, planting or a
combination of these shall include operable gates and meet the requirements of
Appendix A of this Article. Screening shall be equally effective in winter and summer.
(insert attached dumpster pad detail as "Appendix A" on page CD34:20)
Sec. 34-97,.. (b)(2)
"APPENDIX A"
ANGLE OF PAD WITH DRIVING LANE SHALL ALLOW
FOR A STRAIGHT -LINE MANEUVERING DISTANCE:
OF 55 FT.
2 LANES
EXPANSION
JOINT
'INSIDE DIMENSION OF ENCLOSURE
COLLECTION VEHICLE CONFIGURATION
DUMPSTER PAD
DRAFT B.B.
# 2 FYI
December 9, 1997
MEMORANDUM:
TO: Bennett Boucher, City Manager
cc: Kohn Bennett, City Attorney
FROM: Whitey Moran, Building Official
Re: Memo Dated December 2, 1997 - Dumpster Screening Requirements
Relating to the above request staff would submit the following amendments to Section
34-97, (b)(2) for consideration.
(2) Screening of service yards and dumpster areas by use of walls, fencing, planting or a
combination of these, shall be equally effective in winter and summer, shall include
operable gates and meet the following requirements:
a. HEIGHT - 6 FEET 3 INCHES ABOVE PAD SURFACE
b. INTERIOR WIDTH - 12 FEET
c. INTERIOR DEPTH - 12 FEET
d. OVERHEAD CLEARANCE - 20 FEET 2 INCHES
e. A CONCRETE PAD 12 FEET IN WIDTH, 6 INCHES IN DEPTH, WITH 6 X 6 #
10 WWM, EXTENDING TO THE EDGE OF EXISTING PAVEMENT OR
RIGHT OF WAY.
f. GATES SHALL BE OF SUFFICIENT STRUCTURAL STRENGTH TO
FACILITATE EXPECTED USE, SHALL BE HINGED AND CONTAIN A
LATCHING DEVICE.
(illustration submitted by Jennings Environmental Service, Inc. could be used as a aid)
JENNINGS ENVIRONMENTAL
SERVICE, INC.
3303 Lake Dr.
Cocoa, FL 32926
(407) 636-6894
(407) 632-3078 Fax
ANGLE OF PAD WITH DRIVING LANE SHALL ALLOW
FOR A STRAIGHT—LINE MANEUVERING DISTANCE
OF 55 FT.
2 LANES
EXPANSION
JOINT
*INSIDE DIMENSION OF ENCLOSURE
COLLECTION VEHICLE CONFIGURATION
DUMPSTER PAD
A Wholly owned subsidary of USA Waste Services, Inc
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Ordinance - 2nd Reading
Item
No.
12
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 01-98, AMENDING SECTION 22-37 ( C ) QUALIFICATIONS FOR
CONIMUNITY APPEARANCE BOARD MEMBERS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider amending Section 22-37 ( c ) qualifications, allowing for the appointment of one
(1) non-resident member or alternate member to become a member of the Community Appearance Board.
Summary Explanation & Background:
It has been difficult to find members for this board and modifying the residency requirement will broaden the
base of applicants.
Please advise.
Exhibits Attached:
Section 22-37 ( c ); Ordinance No. 01-98
City Mananger's Office
Bennett C. Boucher
Department LEGISLATIVE
g:/admin/council/meeting/1998/02-17-98/01-98.doc
§ 22-37
CAPE CANAVERAL CODE
member seat vacated prior to the expiration of its
term shall be filled for its unexpired term by
majority vote of the city council.
> (c) Qualifications. All members shall be resi-
dents of the city and be especially qualified by
reason of training or experience in art, architec-
ture, community planning, land development, real
estate, landscape architecture or other relevant
business or profession, or by reason of civic inter-
est, so as to be considered a sound judge of the
aesthetic effect and impact (upon property values,
desirability and the economic, social and cultural
patterns of the community) of a proposed building
or structure on surrounding areas.
(Ord. No. 16-95, § 2, 12-,19-95)
Sec. 22-38. Rules of conduct of board busi-
ness.
The community appearance board shall comply
with all rules and procedures adopted by the city
council which relate to quasi-judicial boards. The
community appearance board may adopt addi-
tional rules and procedures deemed necessary to
the conduct of its affairs, and in keeping with the
provisions of this article, providing such rules do
not conflict with applicable rules adopted by the
city council. Three members shall constitute a
quorum. The affirmative vote of the majority
present shall be necessary for any board actions;
provided, however, it shall take three affirmative
votes to pass or approve an application under
section 22-40.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-39. Proceedings of the board.
(a) At the initial meetings, and thereafter an-
nually, the board shall elect a chairperson and a
vice-chairperson. The officers may succeed them-
selves. The chairperson, or the vice -chairperson
in his absence, shall conduct all proceedings in an
orderly manner and provide at least a minimum
of due process to all interested parties. Meetings
shall be held on the first and third Monday of
each month unless no business is presented to the
board for a particular meeting. All board meetings
shall be open to the public. The time and place of
meetings, and the order of business and proce-
dure to be followed at meetings, shall be pre-
scribed by the board. A written record of the
proceedings of the board shall be kept, showing
its action on each question considered. Such record
shall be filed with the office of the secretary of the
board and shall be open for public inspection.
(b) The city shall provide administrative, le-
gal, architectural and other professional expert
services deemed necessary for the board to per-
form its duties and obligations under this article.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-40. Approval prerequisite for per-
mits.
(a) Without exception, all plans, elevations and
proposed signs for buildings or structures, or
alterations thereto, shall be approved by the
community appearance board, or by the city coun-
cil under limited circumstances provided in this
article, before a permit is issued for any building,
structure, sign or other development of property,
or appurtenances or alterations thereto, which
have an exterior visual impact or effect on the
community.
(b) Notwithstanding paragraph (a) of this sec-
tion, if the building official determines (at his sole
discretion) that a building permit application is
minor or insignificant, the building official may
grant the permit without submitting the applica-
tion to the community appearance board for ap-
proval, providing the permit is consistent with
the intent and purpose of this article. For pur-
poses of this paragraph, the phrase "minor or
insignificant" shall mean a small-scale renovation
or modification project affecting a small site and
having a nominal exterior visual impact and
effect on the community. Any party or person
adversely affected by a decision made by the
building official may appeal such decision to the
community appearance board.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-41. Compliance with other code pro-
visions.
The requirements of this article are deemed
supplemental of, and in addition to, all other
applicable codes adopted by the city including,
but not limited to, the land development regula-
tions, and all fire and building regulations. Ap-
Supp. No. 4 CD22:6
ORDINANCE NO. 01-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22,
COMMUNITY DEVELOPMENT, SECTION 22-37, BY
AMENDING THE QUALIFICATIONS OF MEMBERS
APPOINTED TO THE COMMUNITY APPERANCE BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 22-37, Board Established; Membership; Qualifications,
in its entirety and adopting the following in lieu thereof:
22-37(c) Qualifications. All members shall be residents of the city with
the exception allowing that one member or alternate member may be a
non-resident. All members shall be qualified by reason of training or
expertise in art, architecture, community planning, land development, real
estate, landscape architecture or other relevant business or profession, or
by reason of civic interest so as to be considered a sound judge of the
aesthetic effect and impact upon property values, desirability, and the
economic, social and cultural patterns of the community of a proposed
building or structure on surrounding areas.
SECTION 2. If any section, paragraph, phrase, or word of this Ordinance
is held to be unconstitutional or invalid, such portion shall not affect the
remaining portions hereof, and it shall be construed to have been a legislative
intent to pass this Ordinance without such unconstitutional or invalid part.
SECTION 3. Any ordinance or parts of an ordinance, in conflict herewith
are repealed.
City of Cape Canaveral
Ordinance No. 01-98
Page 2
SECTION 4. This Ordinance shall take effect immediately upon its
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this 17th day of February 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
E:\cityclerk\CityClk\Ordinances\Community Appearance Board Residency.doc
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Discussion
Item
No.
13
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: COMMERCE STREET SETTLEMENT AGREEMENT
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council review the agreement drafted by the city attorney.
Summary Explanation & Background:
The city attorney will present and review the agreement with council on Tuesday evening.
Please contact the city attorney, 639-1320, if you have any questions.
Mr. Berger submitted a proposal as requested from his Engineer, Droor & Associates, Inc., to design this
roadway.
Exhibits Attached:
N/A
City Manager's Office
Department LEGISLATIVE
g:/admm/council/meeting/ 1998/02-17-98/commerce.doc
02/10/1998 17:01 4078681008 AEDZLE CONTRACTORS PAGE 01
DAI
Droor & Associates, Inc.
2351 W. Eau GaIlle Blvd., #6; Melbourne, FL 32935
(407) 253-8233 Fax (407) 253-4988
*FAX COVER SHEET*
Date: 2|10|98
To: Art Berger To:
Firm: AEDile Firm:
Fax #: 868-1008 Fax #:
To: To:
Firm: Firm:
Fax #: Fax #:
--------------------------------------------------------------------------------
From: Noel Droor
DAI Project:
Pages including Cover Sheets: 6
Originals to Follow? Yes: ✓ No:
Notes: Please review and revise.
Civil & Structural Engineering. Inspections PE 37259
P.01 Feb-10-98 05:25P
02/10/98 17:58 TX/RX NO.3396 P.001
1
02/10/1998 17:01 4078681008 AEDILE CONTRACTORS PAGE 02
DAI DROOR & ASSOCIATES INC.
2351 W. Eau Galle Blvd., Suite #6 Melbourne, FL 32935
(407) 253-8233
FAX (407) 253-4988
January 20, 1998
Proposal #P801-006
City of Cape Canaveral
c/o Mr. Art Berger
Aedile Conitractocs
8660 Astronaut Blvd., # 1
Cape Canaveral. FL 32920
RE: Commerce Street Re-Surfacing Located off SR A1A; Cape Canaveral, Florida,
Dear Mr. Berger:
We propose to parfonn the required dcsiga and drafting services for appmximately 500
feet of road re-surfacing for the above referenced project. Our proposal is based on the
sketch we received on January 15, 1998 and includes the following:
• Roadway layout and drafting.
• Required paving specification as set forth by the City of Cape Canaveral public road
right-of-way and are as follows:
• 1 1/2" Type III asphalt.
+ 8" limerock or approved equal as recommended by geo -technical engineer.
12" sub -base.
+ Geo -technical fabric over 24" compacted earth.
• Required road profile for replacing roadway.
+ Required FDOT permits.
• Any permitting required by the City of Cape Canaveral (not including SJRWMD
permit).
+ All required sections, details and specifications for bidding and construction.
• Weekly site visits; estimated time of construction is four weeks. Additional site visits
will be invoiced hourly.
* Seven sets of blueprinting and reproduction. Additional copies will be charged at
$2.00/sheet.
• As-built certifications at completion of the project.
This proposal does not include St. Johns River Water Management District permitting.
We highly recommend soil borings at the proposed road location in addition to one
performed by Atlantic Testing.
P9801-006
Civil & Structural Engineering Inspections PE 37259
P.01 Feb-10-98 05:25P
02/10/98 17:58 TX/RX N0.3396 P.002
02/10/1998 17:01 4078681008 AEDILE CONTRACTORS PAGE 03
Mr. Art Berger
January 20, 1998
Page 2
Items excluded from this proposal are:
0 Permit and application fees.
* Any field testing required prior and during construction.
• As-built survey.
• Topo, boundary and tree surveys.
0 Impact fees
• Water line design
0 Sewer line design.
0 Environmental study.
• Construction administration.
0 FDEP water permit for Water line.
• FDEP sewer permit for sewer line.
• Blueprinting and reproduction costs after seven sets will be charged at $2.00/sheet.
• All blueprinting and reproduction costs will be billed at $2.00 per sheet.
• Traffic study.
0 Planning and Zoning Board and City Council meetings.
* Landscaping plan.
0 Irrigation plan.
* FDOT drainage permit.
0 Any items not specifcifcally included above.
We Propose a fee of Five Thousand Six Hundred Dollars ($5,600.00) for the above-
encapulated services.
The proposed fee schedule is as follows:
0 Deposit .................................................................................................................$2,000
• Upon completion of prelimirmy drawings ......................................................... $1,500
* Upon completion of find drawings ........... . ............................. . .......... .............$1,000
* Upon Submittal to the City and government agencies for approval ...................$300
* upon completion of site visits .................................................................................$800
TOTAL-----------------------------------------------------------------------------------------------$5,600
All additional services including site visits will be billed on an hourly basis. Our hourly
rate is as follow:
Professional Engineer .... . ................................................................................... $100.00
Design Engineer ...................................................................................................... $65.00
The payment for the above services will be billed at the completion of each task or at the
end of each month based on the percentage complete for each task.
P9801-006
P.03 Feb-10-98 05:25P
02/10/98 17:58 TX/RX N0.3396 P.003
02!10!1998 17:02 4078681088 AEDILE CONTRACTORS PAGE 04
Mr. Art Berger
January 20, 1998
Page 3
Terms and Conditions:
Access to Site: Unless otherwise stated, Droor & Associates (DAI) will have acoess to
the site for activities for the performwne of the services. DAI will take precautions to
minimize damage due to these activities, but has not inchrded in the fee of the cost of
restoration of any resulting damage.
Dispute Resolution: Any claims made during design, construction or post -construction
between the Client and DAI shall be submitted to non -binding mediation. Chent and
DAI agree to include a similar mediation agreement with at contractors, subcontractors,
subconsultants, suppliers, and fabricators, thereby for mediation as the primary method
for dispute resolution between all parties.
Billings / payments: Invoices for DIA's services shall be submitted. at DAI's option,
either upon completion of such services or on a monthly basis. Invoices shall be payable
within 30 days after the invokm date. If the invoice is not paid within 30 days, DAI may,
without waiving any claim or right against the Client and without liability whatsoever to
the Client, carminate the performance of the service. Retainers shall be credited on the
final invoice.
Late payments: Accounts unpaid 60 days after the invoice may be subject to a monthly
service charge of 1.5% (or the legal rate) on then unpaid balance. In the event any
portion or all of an account remains unpaid 90 days after billing, the client shalt pay all
costs of collection, including reasonable attorney's fees.
Indemmification: The Client shall, to the fulllest extent permitted by law, indemnify and
hold harmless DAI, his or her officers, directions, employees, agency and subconsultants,
from and against all damage, liability and cost, including reasonable attamey's ,fees and
defense costs, arising out of or in any way connected with the performance by any of the
parties above named of the services under this agreement excepting only those damages,
liabilities or costs attributable to the sole negligence or willful misconduct of DAL
Certifications: Guarantees and Warranties. DAI shall not be required to execute any
document that would result in its certifying, guaranteeing or warranting the existence of
conditions whose existence DAI cannot ascertain.
Limition of Liability: In recognition of the relative tasks, rewards and benefits of the
project to both the Client and DAI, the risks have been aIlocated such that the Client
agrees that, to the fullest extent permitted by Iaw, DAI's total liability to the Client for
any and all iruudes, loiters, looses, expenses, damages or claim expenses arising out of
this agreement from any cause or causes, shall not exceed $50,000.00 or the contact
amount, which ever one is loss. Such causes include, but are not limited to, DAI's
negligence, errors, omissions, strict liability, breach of contract or breach of warranty.
P9301-006
P.04 Feb-10-98 05:26P
02/10/98 17:58 TX/RX N0.3396 P.004
02/10/1998 17:01 4078681088 AEDILE CONTRACTORS PAGE 05
Mr. Art Berger
January 20, 1998
Page 4
Termination of Services: This agreement may be terminated by the client of DAI
should be other fail to perform its obligations hereunder. In the event of termination, the
Client shall pay DAI for all services rendered to the date of termination, all reimbursable
expenses, and reimbursable temination expenses.
Ownership of Documents: All documents produced by DAI under this agreement shall
remain the property of DAI and may not be used by the Client for any other without the
written consent of DAl.
If the above proposal meets with your approval, please sign and return copy of this
proposal along with deposit in the amount of $2,000.00 and the as -built survey as soon as
possible so that we may schedule your work immediately.
We look forward to working with you on this project. Please call if you have any
questions.
Very Truly Yours,
Noel Droor, P.E.
President
The above proposal meets with our approval and we hereby authorize DROOR &
ASSCICIATES, INC. to proceed with work, 'This contract supercedes any other
proposal or verbal agreement.
City of Cape Canaveral
X
Authorized Signature # 1
x
Print Name and Title
x
Witness
Date
Date
x Print Name and Title
P9801-006
P.05 Feb-10-98 05:27P
02/10/98 17:58 TX/RX N0.3396 P.005
02/10/1998 17:01 4078681008 AEDILE CONTRACTORS PAGE 06
Mr. Art Berger
January 20, 1998
Page 5
Aedile Contractors
X Authorized Signature #2
Print Name and Title
X Witness
Date
Date
Print Name and Title
P9801-006
P.06 Feb-10-98 05:27P
02/10/98 17:58 TX/RX N0.3396 P.006
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Discussion
Item
No.
14
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: OAK LANE VOLUNTEER PROJECT
DEPT./DIVISION: STREETS/PUBLIC WORKS
Requested Action:
That public works director will present an overview of the project and projected costs.
Summary Explanation & Background:
I have no background material at this time. The public works department has been waiting for the city engineers
to provide a survey and sketch of the project area so that staff can finalize plans. This may cause the project to
be delayed from the 03-07-98 project date.
Please advise.
Exhibits Attached:
N/A
City Manager"s Office
Department STREETS/PUBLIC WORKS
g: /admin/council/meeting/1998/02-17-98/oaklane. doc
Meeting Type: Regular
Meeting Date: 02-17-98
AGENDA
Heading
Discussion
Item
No.
15
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CODE ENFORCEMENT CIVIL CITATION PROGRAM
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council review and comment on whether or not the city should proceed with this program.
Summary Explanation & Background:
Attached you have a sample ordinance and input from the CCVFD and city attorney. The Sheriff's Department
has declined to participate in this program.
Please advise.
Exhibits Attached:
City Manager's memo of 01-23-98
City Manager's Office
Bennett C. Boucher
Department BUILDING DEPARTMET/
SAFETY
g:/admin/council/meeting/1998/02-17-98/citation.doc
MEMORANDUM 2/11
DATE: JANUARY 23, 1998
TO: HONORABLE MAYOR AND
MEMBERS OF CITY COUNCIL
KOHN BENNETT, CITY ATTORNEY -input received on 2/3/98
MAJOR GEORGE MC GEE
WHITEY MORAN, BUILDING OFFICIAL
FIRE CHIEF DAVE SARGEANT
FROM: BENNETT C. BOUCHER (initital)-BB
CITY MANAGER
SUBJECT: CODE ENFORCEMENT CIVIL CITATION PROGRAM
The City Council has asked staff to evaluate these types of programs and, possibly, design a
program for our community.
The building department staff, based on their research, has proposed the attached civil citation
program ordinance for your review and comment. I would like to have this as a discussion item
for the 02/17/98 council meeting.
In the interim, if you have any questions, please contact me or the building official.
BCB:kmm
Attachment
City of Cape Canaveral
January 12, 1998
MEMORANDUM:
TO: Bennett Boucher, City Manager
FROM: Whitey Moran, Building Official
Re: Request For Formulation of Citation Ordinance
Per your request for information, possible wording and elements on the proposal from the
City Council to research, develop and adopt an ordinance to create a citation program for
code enforcement issues, the Building Department submits the attached for consideration:
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868-1200 • FAX (407) 799-3170
ORDINANCE - 98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CODE
OF ORDINANCES BY ADDING CHAPTER 31, CODE ENFORCEMENT, WHICH SETS FORTH
PROVISIONS FOR ADOPTING A CODE ENFORCEMENT CIVIL CITATION PROGRAM
THAT (A) ALLOWS FOR THE ENFORCEMENT OF CODES AND ORDINANCES BY CIVIL
CITATION, (B) PROVIDES PROCEDURES FOR THE ISSUANCE OF CITATIONS, (C)
PROVIDES A LIST OF ORDINANCES ENFORCEABLE BY CITATION AND PENALTIES, AND
(D) PROVIDES FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida,
that:
Chapter 31, Code Enforcement, is hereby created to read as follows:
Chapter 31
CODE ENFORCEMENT
Sec. 31-1. Definitions.
For the purpose of this chapter, certain words and terms are defined as follows:
Code Enforcement Officer means any designated employee or agent of a municipality whose duty
it is to enforce codes and ordinances enacted by the county or municipality.
Code Inspector means any authorized agent or employee of the municipality whose duty it is to
assure code compliance.
Sec. 31-2. Authority and Purpose.
(1) This Chapter is adopted pursuant to Chapter 162, Part II, Florida Statutes, as a supplemental method of
enforcing certain of the codes and ordinances of the City of Cape Canaveral, and is enacted to protect
the public health, welfare and safety.
(2) Noting in this Chapter shall be constructed to prohibit the City from enforcing its codes and ordinances
by any other means including, but not limited to, a summons, a notice to appear in the County or
Circuit Court, and arrest, an action before the Code Enforcement Board, a civil action for injunctive
relief, a stop work order, or demolition.
Sec. 31-3. Designation of Code Enforcement Officers. For the purpose of this Chapter, The City
Council of the City of Cape Canaveral hereby designate all code inspectors, sworn law enforcement
officers, and fire inspectors as "code enforcement officers", who shall have the powers and authority to
enforce the codes and ordinances of the City as set forth in this Chapter.
Sec. 314. Citation Authorization; Violation as Civil Infraction; Maximum Civil Penalty.
(1) Any code enforcement officer, designated pursuant to Section 31-3, is hereby authorized to issue a
citation to a person when, based upon personal investigation, the code enforcement officer has
reasonable cause to believe that the person has committed a violation of any code or ordinance set
forth in Section 31-11.
(2) A code or ordinance violation, for which a citation may be issued pursuant to this Chapter, shall be
determined to be a civil infraction.
1
(3) The maximum civil penalty for such a civil infraction shall not exceed $500.00 per violation plus all
applicable costs of prosecution and legislative assessments plus court costs.
(4) Each violation of a code or ordinance shall be a separate civil infraction. Each day such violation shall
continue shall be determined to constitute a separate civil infraction.
Sec. 31— 5. Warning Notice In Conjunction With Citation Issuance; Exception.
(1) A code enforcement officer shall provide a written warning notice to the person who has committed a
violation of the City Code or ordinance and shall establish a reasonable time period within which the
person must correct the violation. Such time period shall be not more than thirty (30) days. If the
violation is not corrected within the specified time period, then a civil penalty derived from Section 31-
11 shall be imposed.
(2) A code enforcement officer shall not be required to provide the person with a reasonable time period to
correct the violation and may immediately issue a citation if a repeat violation is found or if the code
enforcement officer has reason to believe that the violation presents a serious threat to the public
health, safety, or welfare, or if the violation is irreparable or irreversible. In such cases, and at the
discretion of the code enforcement officer, a sufnmons to appear before the Code Enforcement Board
may be issued.
Sec. 31-6. Service of Warning or Citation.
(1) Written warning notices, if applicable, and citations shall be hand delivered to the alleged violator by
the code enforcement officer. In the absence of the alleged violator, issuance of a written warning
notice or citation may be accomplished by leaving a copy at the alleged violator's residence with any
person residing therein who is fifteen (15) years of age or older and informing the person of the
contents or by registered or certified mail, return receipt requested.
(2) Issuance of a written warning notice or citation to a business may be accomplished by leaving a copy
at the business, during regular business hours, with any employee and informing the employee of the
contents or by registered or certified mail, return receipt requested. Each employee of the business
shall be deemed to be an agent of the business for service of warning notices and citations.
(3) All non -serviced warning notices and citations will be referred to the Code Enforcement Board for
appropriate actions.
Sec. 31-7. Form of Contents for Warning Notice and citation; Filing with Court.
(1) A citation issued by a code enforcement officer shall, as a minimum, contain the following information
prescribed by Chapter 162, Florida Statutes.
(a) The date and time of issuance;
(b) The name and address of the person to whom the citation is issued;
(c) The facts constituting reasonable cause;
(d) The number of the section of the code or ordinance violated;
(e) The name of the code enforcement officer;
(f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation;
(g) The applicable civil penalty if the person elects to contest the citation;
2
(h) The applicable civil penalty if the person elects not to contest the citation;
(i) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or
fails to appear before the Code Enforcement Board or in court, as may be the case, to contest the
citation, he shall be deemed to have waived the right to contest the citation and that, in such case,
judgement may be entered against the person for an amount up to the maximum civil penalty.
(2) After issuing a citation to an alleged violator, a code enforcement officer shall maintain the original
and one copy of the citation for presentation to the Code Enforcement Board as evidence, or for filing
with the Clerk of the Court, should the County Court adjudication process be elected.
Sec. 31-8. Refusal to Sign Citation.
(1) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer
shall be guilty of a misdemeanor of the second degree pursuant to Section 162.21(6), Florida Statutes.
(2) If a person cited so refuses to sign the citation, the code enforcement officer shall write the words
"Refused" of "Refused to Sign" in the space provided for the person's signature and shall then leave a
copy of the citation with the person cited, if possible.
(3) Following such refusal to sign, the code enforcement officer shall contact the Brevard County Sheriffs
Department to report such refusal as a violation of Section 162.21 (6), Florida Statutes.
Sec. 31-9. Payment of Civil Penalty; Court Hearings.
(1) If a person elects not to contest the citation, the person shall pay in full the applicable civil penalty, as
set forth herein, to the City of Cape Canaveral within fourteen (14) calendar days after issuance of the
citation.
(2) If a person cited elects to pay the applicable civil penalty set forth herein, the person shall be deemed
to have admitted the infraction and waived to right to a hearing. If the person cited fails to pay the
civil penalty by the fourteenth (14th) calendar day after the issuance of the citation, or fails to request a
court hearing within the time prescribed, the person shall have waived any right to contest the citation.
A judgement shall be entered against the person cited in an amount up to the maximum civil penalty
plus applicable court costs. In addition, a Rule to Show Cause may be issued by the County Judge
requiring the person cited to appear in County Court to explain the person's failure to pay or request a
court hearing. Failure to respond to the Rule to Show Cause may result in issuance of an arrest
warrant.
(3) If a person elects to contest the citation, the person shall request a court date before a County Judge
within not more than fourteen (14) calendar,days after issuance of the citation.
(4) If a violator has been cited for the same violation at least two (2) times within the previous (12)
months, the issuance of a third or subsequent citation shall result in a summons to appear before the
Code Enforcement Board within thirty (30) calendar days of issuance to answer the charge.
(5) The Code Enforcement Board or a County Judge, whichever applies, after a citation hearing, shall
make a determination whether or not a violation of the code or ordinance cited has been committed. If
a violation is found to have occurred, the Code Enforcement Board or County Judge may order the
violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus
all applicable costs of prosecution, legislative assessments, and court costs, as applicable.
(6) The Code Enforcement Board or County Judge may provide for the civil penalty to be paid, and the
violation to be corrected, within such time as is determined to be appropriate. If the person found to be
3
in violation fails to pay the civil penalty, or to correct the violation within the time provided, a civil
judgement may be entered against that person in an amount up to the maximum civil penalty.
(7) Should the person cited schedule a hearing as provided for herein, and thereafter, fail to appear at such
hearing, the person shall be deemed to have waived the right to contest the citation, and a civil
judgement may be entered against the person in an amount up to the maximum civil penalty; provided,
however, that the County Court shall have the discretion to continue or reschedule any hearing when it
determines that doing so will further the interest of justice. In such an event, the Clerk of Court shall
notify the code enforcement officer and the person cited of the date and time of the hearing. In
addition, a Rule to Show Cause may be issued by the Count Judge requiring the person cited to appear
in County Court to explain the person's failure to appear at the hearing. Failure to respond to the Rule
of Show Cause may result in issuance of an arrest warrant.
(8) Should the person cited willfully fail to comply with a Court Order to abate or correct the violation, the
Court, after due notice and hearing on the matter, may hold the violator in civil contempt and may
enter an Order to that effect.
(9) In the event that a civil judgement is entered against the person cited as provided herein, the City may
record a certified copy of said judgement in the Official Records of Brevard County.
Sec. 31-10. Procedure for Payment of Civil Penalties. Payment of any civil penalty imposed by this
ordinance shall be made to the City of Cape Canaveral in cases brought before the Code Enforcement
Board, or as applicable, to the Clerk of the Court, who shall forward an apportionment of monies collected
to the City of Cape Canaveral for deposit. If a judgement has been entered for the civil penalty, the Clerk
of the Court shall notify the City when judgement has been paid and the necessary Satisfaction of
Judgement shall be prepared and recorded in the Official Records of Brevard County.
Sec. 31-11. Classes of Violations and Associated Civil Penalties.
Violations of the City codes and ordinances, and the applicable civil penalties, shall be as follows:
VIOLATON CLASSIFICATION FIRST OFFENSE SECOND OFFENSE
CLASS I
$ 25.00 $ 50.00
CLASS II
$ 50.00 $ 100.00
CLASS III
$ 100.00 $ 200.00
CLASS IV
$ 200.00 $ 400.00
CITY CODE CHAPTER AND
SECTION
DESCRIPTION
VIOLATION
CLASSIFICATOIN
ALCHOHOLIC BEVERAGES -
CHAPTER 6
6-26
HOURS OF OPERATION
6-27
NUDITY ON PREMISES WHERE SERVED,
CONSUMED OR SERVED
6-51
STREETS, ALLEYS, SIDEWALKS AND
PARKING AREAS
6-52
PARKS AND RECREATION AREAS
6-67
POLICY AND INTENT
6-68
OPEN CONTAINERS
4
AMUSEMENT AND
ENTERTAINMENT -
CHAPTER 10
10-96
PERSUMPTIONS OF VIOLATIONS
10-100
UNLAWFUL ACTIVITIES AT COMMERCIAL
ESTABLISHMENTS
10-101
UNLAWFUL ACTIVITIES WHERE ALCHOLIC
BEVERAGES, FOOD OR OTHER BEVERAGES
SOLD OR DISPENSED
10-113
MORE THAN ONE CLASSIFICATION AT
SINGLE LOCATION PROHIBITED
10-137
VIOLATOINS(PERMIT FOR EMPLOYEES
10-138
QUALIFICATOINS
10-161
OPERATION OF UNLICENSED PREMISIS
UNLAWFUL
10-162
PERMITTING VIOLATIONS OR ILLEGAL
ACTS
10-166
DISTANCE AND DISPERSAL
REQUIRE NTS OGELTRET
10-167
ADVERTISING
10-168
OBSENITY
10-169
ADMISSION OF MINORES
10-170
SALE TO MINORS
10-171
PROHIBITED ACTIVITIES
10-172
EXHIBIT OR DISPLAY OF CERTAIN
ANATOMICAL AREAS BY EMPLOYEES OR
PATRONS PROHIBITED
10-173
STRADDLE DANCING
10-174
ADULT BOOKSTORE
10-177
ADULT DANCING ESTABLISHMENT
ANIMALS -CHAPTER 14
14-2
DESIGNATION OF BIRD SANCTUARY
14-3
BEES AND BEEHIVES PROHIBITED
14-28
ANIMALS PROHIBITED IN PARKS AND
BEACHES
14-55
NEW DEVELOPMENT
14-56
EXISTING DEVELOPMENT
14-57
PUBLICLY OWNED LIGHTING
14-58
BEACH ACTIVITIES
BUSINESSES - CHAPTER 16
16-28
HARASSMENT PROHIBITED
16-29
SOLICITOR TO LEAVE WHEN REQUESTED
16-30
FRAUD
16-57
BADGE FOR SOLICITORS
16-58
EXHIBITION OF PERMIT ON REQUEST
5
ENVIRONMENT - CHAPTER
34
34-35
DROPPING FROM AIRCRAFT
34-36
THROWING IN RIVER OR OTHER BODY OF
WATER
34-37
DEPOSITING ON OCCUPIED PRIVATE
PROPERTY
34-38
OWNER'S MAINTENANCE OF PREMISIS
34-39
DEPOSITING ON VACANT LOTS
34-40
POSTING NOTICES PROHIBITED
34-41
BURIAL OF TRASH, RUBBLE OR OTHER
DEBRIS
34-51
THROWING OR DISTRIBUTED IN PUBLIC
PLACES
34-52
PLACING ON VEHICLES
34-35
DEPOSITING ON UNINHABITED OR
VACANT PREMISIS
34-54
DISTRIBUTION PROHIBITED WHERE
PROPERTY POSTED
34-55
DISTRIBUTION AT INHABITED PRIVATE
PROPERTY
34-97
DUTIES AND RESPONSIBILITIES FOR
MAINTENANCE
34-98
BUILDING AND MAINTENANCE
34-99
LANDSCAPING APPEARANCE AND
MAINTENANCE
34-100
SIGN APPEARANCE AND MAINTENANCE
34-122
PUBLIC NUISANCES PROHIBITED
34-153
ENUMERATION OF PROHIBITED NOISES
34-154
CONSTRUCTION NOISE
34-181
STORING, PARKING OR LEAVING ON
PRIVATE PROPERTY
34-209
SPILLOVER LIGHTING STANDARDS
6
FIRE PREVENTTION AND
PROTECTION — CHAPTER 38
38-4
RESTRICTION ON STORAGE AND
DISPENSING OF FLAMMABLE MATERIALS
AND LIQUIDS
38-5
RESTRICTION ON THE USE OF BOTTLED
GAS; PERMIT REQUIREMENTS
38-6
DOORS TO BUSINESSES OR PUBLIC HALLS
DISPOSAL
38-7
SMOKE DETECTORS TO HAVE BATTERY
BACKUP
38-32
LOCKBOXES REQUIRED
38-33
PRIVATE ENTRY GATES
38-34
CONFORMITY
OFFENSES AND
MISCELLANEOUS
PROVISIONS — CHAPTER 50
50-2 PUBLIC NUDITY
PARKS AND RECREATION —
CHAPTER 54
54-1
GLASS CONTAINERS PROHIBITED
54-50
CAREFUL AND PRUDENT OPERATION
REQUIRED
54-51
SPEED NOT TO BE GREATER THAN WHAT
IS RESONABLE UNDER CONDITIONS
SOLID WASTE — CHAPTER 62
62-11 UNLAWFUL ACTS
UTILITIES — CHAPTER 78
78-27
CONNECTION WITH SEWER
78-29
UNLAWFUL CONNECTION
78-30
UNLAWFUL CONSTUCTION
78-32
SANITARY REQUIREMENTS
78-33
DISPOSAL
78-34
SEPTIC TANKS
78-35
MAINTENANCE OF PLUMBING SYSTEMS
78-36
FAILURE TO MAINTAIN PLUMBING
SYSTEMS
78-55
USE OF PUBLIC SEWERS REQUIRED
78-96
GENERAL PROMBITATIONS AND
LIMITATIONS
78-194
UNLAWFUL CONNECTIONS OR PRACTICES
78-199
UNAUTHORIZED USE
7
VEHICLES FOR HIRE-
CHAPTER 80
80-76
REQUIRED EQUIPMENT; STANDARDS
80-77
SCHEDULE OF RATES AND CHARGES
80-78
CHANGING RATES IN EXCESS OF
ESTABLISHED RATES
80-79
NUMBER OF PASSENGERS CARRIED
80-80
TRANSPORTING NONPAYING PASSENGERS
WITH PAYING PASSENGERS
80-81
RECEIVING POLICE RADIO CALLS
PROHIBITED; RADIOS WHICH MAY BE
USED
80-82
STANDS, DEPOTS, TERMINALS AND
PARKING
80-83
CRUISING, SOLICITING BUSINESS
PROHIBITED
80-84
DRIVER'S ATTENDANCE TO VEHICLE
80-85
MAINTENANCE OF RECORDS
80-86
LOST MONEY OF PROPERTY
80-87
ALCOHOLIC BEVERAGES
80-88
REPORT OF ACCIDENTS
SIGNS-CHAPTER 94
94-31
REQUIRED PERMITS
III
94-61
RESTRICTIONS ON PLACEMENT
II
94-62
ABONDONED AND HAZORDOUS SIGNS
III
94-63
LIGHTING
II
94-64
CRITERIA AND STANDARDS FOR MEASURE
AND PLACEMENT
II
94-76 through 83
TYPES OF SIGNS
II
ZONING-CHAPTER 110
110-272
R-1 LOW DENSITY RESIDENTIAL
II
110-292
R-2 MEDIUM DENSITY RESIDENTIAL
II
110-312
R-3 MEDIUM DENSITY RESIDENTIAL
II
110-332
C-1 LOW DENSITY COMMERCIAL
II
110-352
M-1 LIGHT INDUSTRIAL/RESEARCH AND
DEVELOPMENT
II
110-556
LANDSCAPING REQUIREMENTS
I
110-581
SWIMMING POOLS
II
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.
Serving the city of Cape Canaveral & Canaveral Port Authority
TO: Bennett Boucher, City Manager
FROM: James Watson, Fire Marshal (initital-JW)
SUBJECT: Civil Citation Program
DATE: January 12, 1998
This department would like to be included in the civil citation program, the following is a list of
codes that should be placed in the program. Please feel free to contact this office with any
questions regarding the above.
1. NFPA 101 (Life Safety Code)
2. Standard Fire Prevention Code
3. Fire Marshal's Uniform Fire Safety Rules & Standards
4. Florida Statues
190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 0 (407) 783-4777
2-02-1998 4:41PM FROM AMARI THERIAC.P.A , 4076396690 P.4
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
Reply To: Cocoa P.O. Box
Richard S. Amari
Kohn Bennett
Carla Neeley Freitag
Anthony A. Garganese
Mitchell S. Goldman
George E. Harding
J. Wesley Howze, Jr.
Brian K. Jordan
Mark S. Peters.
David M. Prenick
Charles R. Steinberg
James S. Theriac, III
Mariner Square
96 Willard Street, Suite 302
P.O. box 1807
Cocoa, Florida 32923-1807
Telephone (407) 639-1320
Fax (407) 639-6690
------------------------------------
Imperial Plaza
Suite 3104
6769 N. Wickham Road
Melbourne, Florida 32930
Telephone (407) 259-6611
Fax (407) 259-6624
MEMORANDUM
TO: Bennett C. Boucher, City Manager
FROM: Kohn Bennett, city Attorney
DATE: February 2, 1998
RE: Civil Citation Program - Code Enforcement
You have requested my input regarding the establishment of a Civil Citation
Program within the City for code enforcement. As stated to you in my recent telephone
conference, the only concern I had regarding the institution of the program was whether or not
our code enforcement officers would have to spend any significant tirne for enforcement actions
within the dart system. I certainly would not warn to overburden a system with a program that
was originally thought to be instituted for streamlining purposes.
KB/edr
If you should have any other questions, please do not hesitate to contact me.
02/02/98 16:43 TX/RX NO.3303 P.004 ■