HomeMy WebLinkAboutSupplement 25 SUPPLEMENT NO.25
(tiame, November 2016
CODE OF ORDINANCES
City of
CAPE CANAVERAL, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this
time through:
Resolution No. 2016-12, adopted August 16, 2016.
See the Code Comparative Table for further information.
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CODE OF ORDINANCES
CITY OF
CAPE CANAVERAL, FLORIDA
Published in 1994 by Order of the City Council
municode
Municipal Code Corporation I P.O.Box 2235 Tallahassee,FL 32316
info@municode.com 1800.262.2633
www.municode.com
Supp. No. 25
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CURRENT OFFICIALS
of the
CITY OF CAPE CANAVERAL, FLORIDA
(2016)
Bob Hoog
Mayor
John Bond
Mike Brown
Brendan McMillin
Betty Walsh
City Council
David L. Greene
City Manager
Anthony A. Garganese
City Attorney
Mia Goforth
City Clerk
Daniel LeFever
Deputy City Clerk
Supp. No. 25 iii
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TABLE OF CONTENTS
Page
Current Officials (2016) iii
Officials of the City at the Time of this Codification iv.i
Preface v
Adopting Ordinance ix
Checklist of Up-to-Date Pages [1]
Supplement History Table SH:1
PART I
CHARTER
Charter CHT:1
Art. I. Powers of the City CHT:3
Art. II. City Council CHT:4
Art. III. City Manager CHT:8
Art. IV. Departments, Offices and Agencies CHT:8
Art. V. Financial Management CHT:9
Art. VI. Elections CHT:11
(18.0, Art. VII. General Provisions CHT:14
Art. VIII. Charter Amendment CHT:14
Art. IX. Transition and Severability CHT:15
Charter Comparative Table—Laws of Florida CHTCT:1
Charter Comparative Table—Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
Subpart A. General Ordinances CD1:1
1. General Provisions CD1:1
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:7
Div. 3. Meetings CD2:7
Art. III. Officers and Employees CD2:12
Div. 1. Generally CD2:12
Div. 2. City Manager CD2:12
Div. 3. City Clerk CD2:13
Div. 4. City Attorney CD2:13
(ire Div. 5. Reserved CD2:14
Supp. No. 25 xi
CAPE CANAVERAL CODE
j
Chapter Page
Div. 6. Reserved CD2:14
Art. IV. Boards, Committees, Commissions CD2:14
Div. 1. Generally CD2:14
Div. 2. Reserved CD2:14.4
Art. V. Finance CD2:14.4
Div. 1. Generally CD2:14.4
Div. 2. Purchasing CD2:14.9
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:19
Div. 1. Generally CD2:19
Div. 2. Code Enforcement Board CD2:19
Div. 3. Code Enforcement Citations CD2:22
Div. 4. Criminal Nuisance Abatement Board CD2:26
Art. VII. Travel Reimbursement Policies and
Procedures CD2:26
3-5. Reserved CD3:1
6. Alcoholic Beverages CD6:1
Art. I. In General CD6:3
Art. II. Operation of Establishments CD6:3
Art. III. Possession and Consumption CD6:4
Div. 1. Generally CD6:4
Div. 2. Motor Vehicles CD6:4
7-9. Reserved CD7:1
10. Amusements and Entertainments CD10:1
Art. I. In General CD10:2.1
Art. II. Amusement Device Code CD10:2.1
Art. III. Outdoor Entertainment Events CD10:2.1
Div. 1. Generally CD10:2.1
Div. 2. Permit CD10:4
Art. IV. Sexually Oriented Business and Adult
Entertainment Establishments CD10:6
Art. V. Slot Machines or Devices CD10:45
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General CD14:3
Art. II. County Animal Control Ordinance CD14:3
Art. III. Sea Turtles CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production
Permits CD16:5
Supp. No. 25 xii
TABLE OF CONTENTS—Cont'd.
Chapter Page
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Business and Economic Development Board CD22:3
Art. III. Community Appearance Review CD22:4
Art. IV. Community Redevelopment CD22:9
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:5
Div. 3. Reserved CD34:6
Art. III. Property Maintenance Standards CD34:6
Art. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35. Reserved CD35:1
36. Fair Housing CD36:1
Art. I. In General CD36:3
Art. II. Discriminatory Practices CD36:6
37. Reserved CD37:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:7
Art. IV. Fireworks CD38:8
Art. V. Hazardous Materials and Substances CD38:9
39. Reserved CD39:1
40. Human Relations CD40:1
Art. I. In General CD40:3
Supp. No. 25 xiii
CAPE CANAVERAL CODE
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Chapter Page
Art. II. Reserved CD40:3
41. Reserved CD41:1
42. Law Enforcement CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
43-45. Reserved CD43:1
46. Library CD46:1
Art. I. In General CD46:3
Art. II. Library Board CD46:3
47-49. Reserved CD47:1
50. Offenses and Miscellaneous Provisions CD50:1
51-53. Reserved CD51:1
54. Parks and Recreation CD54:1
Art. I. In General CD54:3
Art. II. Culture and Leisure Services Board CD54:13
Art. III. Vessel Control and Water Safety CD54:13
55-57. Reserved CD55:1
58. Planning CD58:1
Art. I. In General CD58:3
Art. II. Planning and Zoning Board CD58:3
Art. III. Local Planning Agency CD58:4
59-61. Reserved CD59:1
62. Solid Waste CD62:1
63-65. Reserved CD63:1
66. Streets, Sidewalks and Other Public Places CD66:1
Art. I. In General CD66:3
Art. II. Streets CD66:5
Div. 1. Generally CD66:5
Div. 2. Abandonment CD66:5
Art. III. Excavations CD66:6
Div. 1. Generally CD66:6
Div. 2. Permit CD66:7
67-69. Reserved CD67:1
70. Taxation CD70:1
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Art. III. Local Business Tax CD70:6
71-73. Reserved CD71:1
74. Traffic and Vehicles CD74:1
Art. I. In General CD74:3
Supp. No. 25 xiv
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. IL Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75:1
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and ConnectionsCD78:11
Subdiv. III. Discharges CD78:13
Subdiv. IV. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates,Deposits and Billing Procedures CD78:23
Art. IV. Reclaimed Water CD78:25
Div. 1. Generally CD78:25
Div. 2. Installation and Inspection of the Reclaimed
Water System CD78:26
Art. V. Stormwater Management CD78:28
Div. 1. Generally CD78:28
Div. 2. Fees and Taxes CD78:31
(imof Div. 3. Administration CD78:35
Div. 4. Illicit Discharge and Connection CD78:35
79. Reserved CD79:1
80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Neces-
sity, License CD80:4
Art. III. Driver's Permit CD80:5
Art. IV. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. General Administrative CD82:3
Art. II. Building Code CD82:7
Art. III. Unsafe Building Abatement Code CD82:8
Art. IV. Coastal Construction Code CD82:9
Art. V. Registration and Maintenance of Properties in
Foreclosure CD82:9
Art. VI. Local Amendments to Florida Building Code,
Building CD82:13
Art. VII. Reserved CD82:15
Art. VIII. Reserved CD82:15
(are Art. IX. International Property Maintenance Code CD82:15
Art. X. Reserved CD82:16
Supp. No. 25 xv
CAPE CANAVERAL CODE
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Chapter Page
Arts. XI—XIII. Reserved CD82:16
Art. XIV. Numbering of Buildings and Property CD82:16
Art. XV. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit CD82:17
Art. XVI. Temporary Storage Units CD82:19
83-85. Reserved CD83:1
86. Concurrency Management System CD86:1
Art. I. In General CD86:3
Art. II. Transportation Facility Proportionate Fair-
Share Mitigation Program CD86:11
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:5
Art. II. Floodplain Management CD90:5
Div. 1. Administration CD90:5
Part A. General CD90:5
Part B. Applicability CD90:6
Part C. Duties and Powers of the Floodplain
Administrator CD90:7
Part D. Permits CD90:9
Part E. Site Plans and Construction Docu-
ments CD90:11
Part F. Inspections CD90:13
Part G. Variances and Appeals CD90:14
Part H. Violations CD90:16
Div. 2. Definitions CD90:16
Div. 3. Flood Resistant Development CD90:20
Part A. Buildings and Structures CD90:20
Part B. Subdivisions CD90:21
Part C. Site Improvements, Utilities and
Limitations CD90:21
Part D. Manufactured Homes CD90:22
Part E. Recreational Vehicles and Park Trail-
ers CD90:23
Part F. Tanks CD90:24
Part G. Other Development CD90:24
Art. III. Reserved CD90:26
Art. IV. Stormwater Management CD90:27
Div. 1. Generally CD90:27
Div. 2. Permit CD90:29
Div. 3. Performance Standards CD90:32
Div. 4. Design Standards CD90:33
Div. 5. Maintenance CD90:36
Art. V. Construction Site Stormwater Runoff Control. CD90:37
91. Landscape Irrigation CD91:1
92. Fertilizer Land Application CD92:1
Supp. No. 25 xvi
TABLE OF CONTENTS-Cont'd.
Chapter Page
93. Reserved CD93:1
94. Signs CD94:1
Art. I. In General CD94:3
Art. II. Permits and Inspection CD94:11
Art. III. Size, Location and Construction CD94:14
Div. 1. Generally CD94:14
Div. 2. Types of Signs CD94:16
Div. 3. District Regulations CD94:20
Art. IV. Nonconforming Signs CD94:22
95-97. Reserved CD95:1
98. Subdivisions CD98:1
Art. I. In General CD98:3
Art. II. Plats and Lot Splits CD98:7
Div. 1. Generally CD98:7
Div. 2. Preapplication CD98:8
Div. 3. Preliminary Plat CD98:8
Div. 4. Final Plat CD98:11
Div. 5. Lot Splits CD98:13
Art. III. Construction CD98:13
Div. 1. Generally CD98:13
(la Div. 2. Permit CD98:13
Div. 3. Inspections; Certificate of Completion CD98:14
Art. IV. Improvements CD98:15
Div. 1. Generally CD98:15
Div. 2. Design Standards CD98:18.1
99-101. Reserved CD99:1
102. Vegetation CD102:1
Art. I. In General CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
App. A. Tree Protection Area Signage CD102:21
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:11
Art. II. Procedure; Land Use Decisions CD110:18.3
Div. 1. Generally CD110:18.3
Div. 2. Rezonings CD110:22
Div. 3. Variances CD110:23
(kw' Div. 4. Special Exceptions CD110:24
Supp. No. 25 xvii
CAPE CANAVERAL CODE
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Chapter Page
Div. 5. Administrative Appeals CD110:25
Art. III. Administration and Enforcement CD110:26
Div. 1. Generally CD110:26
Div. 2. Permits CD110:27
Div. 3. Certificate of Occupancy CD110:28
Div. 4. Reserved CD110:29
Art. IV. Special Exceptions CD110:29
Div. 1. Generally CD110:29
Div. 2. Alcoholic Beverages CD110:29
Art. V. Nonconformities CD110:31
Art. VI. Site Plans CD110:37
Art. VII. Districts CD110:40
Div. 1. Generally CD110:40
Div. 2. R-1 Low Density Residential District CD110:42
Div. 3. R-2 Medium Density Residential District CD110:44
Div. 4. R-3 Medium Density Residential District CD110:46
Div. 5. C-1 Low Density Commercial District CD110:46.3
Div. 6. C-2 Commercial/Manufacturing District CD110:46.6
Div. 7. M-1 Light Industrial and Research and
Development District CD110:46.9
Div. 8. Townhouses CD110:46.15
Art. VIII. Residential Planned Unit Developments CD110:46.17
Div. 1. Generally CD110:46.17
Div. 2. Development Plans CD110:49
Div. 3. Land Use Regulations CD110:56
Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
Div. 2. Offstreet Parking CD110:72.1
Div. 3. Offstreet Loading CD110:73
Div. 4. Home Occupations CD110:73
Div. 5. Setbacks CD110:74
Div. 6. Vehicles and Vessels CD110:75
Div. 7. Landscaping and Vegetation CD110:79
Div. 8. Swimming Pools CD110:80
Art. X. AlA Economic Opportunity Overlay District CD110:81
Div. 1. Generally CD110:81
Div. 2. Administration CD110:87
Div. 3. Site Planning CD110:90
Div. 4. Architectural Guidelines CD110:94
Div. 5. Parking CD110:100
Div. 6. Landscaping CD110:101
Div. 7. Signage CD110:102.2
Art. XI. Planned Developments CD110:102.5
Div. 1. Generally CD110:102.5
Div. 2. Planned Development Plans CD110:105
111-114. Reserved CD111:1
115. Vested Rights CD115:1
Art. I. In General CD115:3
Supp. No. 25 xViii
TABLE OF CONTENTS—Cont'd.
(lirso?
Appendix Page
A. Franchises CDA:1
Art. I. Cable Television Franchise (Reserved) CDA:3
Art. II. Electric CDA:14
Art. III. Gas Franchise Agreement CDA:17
Art. IV. Telephone (Reserved) CDA:28
Art. V. Water Franchise CDA:28
Art. VI. Solid Waste Franchise Agreement CDA:28
B. Schedule of Fees CDB:1
Code Comparative Table—Laws of Florida CCT:1
Code Comparative Table-1981 Code CCT:3
Code Comparative Table—Ordinances and Resolutions CCT:9
State Law Reference Table SLT:1
Charter Index CHTi:1
Code Index CDi:1
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Lore' Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
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Page No. Supp. No. Page No. Supp.No.
(Iiire Title Page 25 CHTCT:1 OC
iii 25 CHTCT:3 21
iv.i 22 CD1:1 OC
v,vi OC CD1:3, CD1:4 OC
vii OC CD1:5, CD1:6 12
ix, x 1 CD 1:7 12
xi, xii 25 CD2:1, CD2:2 22
xiii,xiv 25 CD2:3 25
xv, xvi 25 CD2:5, CD2:6 24
xvii,xviii 25 CD2:6.1 24
xix 25 CD2:7, CD2:8 22
SH:1, SH:2 24 CD2:9, CD2:10 23
SH:3 25 CD2:11, CD2:12 23
CHT:1, CHT:2 20 CD2:13, CD2:14 21
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Lire
rnitii i ' ;d i d.
04-2015 3-17-15 Include 24
05-2015 6-16-15 Include 24
06-2015 7-21-15 Include 24
07-2015 8-18-15 Include 24
09-2015 9-22-15 Include 24
pp.N .
11-2015 11-17-15 Include 25
12-2015 11-17-15 Include 25
2016-05(Res.) 4-19-16 Include 25
01-2016 5-17-16 Include 25
02-2016 7-19-16 Include 25
2016-12(Res.) 8-16-16 Include 25
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ADMINISTRATION
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Division 3. Impact Fees
Sec. 2-231. Levy and purpose.
Sec. 2-232. Exemptions.
Sec. 2-233. Schedule.
Sec. 2-234. Payment.
Sec. 2-235. Partial waiver authorized.
Sec. 2-236. Capital expansion trust funds.
Sec. 2-237. Capital expansion plans.
Secs. 2-238-2-245. Reserved.
Article VI. Code Enforcement
Division 1. Generally
Secs. 2-246-2-255. Reserved.
Division 2. Code Enforcement Board
Sec. 2-256. Created.
Sec. 2-257. Membership.
Sec. 2-258. Duties;responsibilities;powers.
Sec. 2-259. Prosecution of violations with no criminal penalty.
Sec. 2-260. Application for satisfaction,release,or reduction,of code enforce-
ment liens.
Secs. 2-261-2-279. Reserved.
Division 3. Code Enforcement Citations
Sec. 2-280. Intent and purpose.
Sec. 2-281. Definitions.
Sec. 2-282. Authorization of citation program.
Sec. 2-283. Applicable codes and ordinances;class violation.
Sec. 2-284. Training of code enforcement officers.
Sec. 2-285. Citation powers;personal investigation;reasonable cause.
Sec. 2-286. Violation;penalties;general.
Sec. 2-287. Citation issuance procedure.
Sec. 2-288. Citation form.
Sec. 2-289. Payment of penalty;court hearings.
Sec. 2-290. Authorization to enter upon property.
Sec. 2-291. Classes of violations and penalties.
Division 4. Criminal Nuisance Abatement Board
Sec. 2-292. Purpose and intent.
Sec. 2-293. Establishment;membership;meetings;definitions.
Sec. 2-294. Powers.
Sec. 2-295. Criminal nuisances established;violations.
Sec. 2-296. Enforcement procedures;notice;hearing.
Sec. 2-297. Penalties;fines;liens;recording.
Sec. 2-298. Appeal.
Sec. 2-299. Reserved.
Article VII. Travel Reimbursement Policies and Procedures
Sec. 2-300. Reimbursement policy and procedures for official travel.
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ADMINISTRATION §2-260
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ARTICLE VI. CODE ENFORCEMENT* Sec. 2-257. Membership.
The city council shall appoint members of the
DIVISION 1. GENERALLY code enforcement board in accordance with the
terms of F.S. § 162.05, or any successor statute.
(Ord. No. 23-94, § 1, 7-19-94)
Secs. 2-246-2-255. Reserved. Sec. 2-258. Duties, responsibilities and
powers.
DIVISION 2. CODE ENFORCEMENT The code enforcement board shall have duties,
BOARDt responsibilities and powers as set forth, and
shall be governed in all respects,by F.S. ch. 162,
or any successor statute, and shall have the
Sec. 2-256. Created. power to hear appeals as otherwise set forth in
the city Code of Ordinances.
(Ord. No. 23-94, § 1, 7-19-94)
A code enforcement board is hereby established
pursuant to the authority granted by F.S. ch. Sec. 2-259. Prosecution of violations with
162, or any successor statute. no criminal penalty.
(Ord. No. 23-94, § 1, 7-19-94)
Any violation of the city Code of Ordinances
*Editor's note—Ord. No. 23-94, § 1, adopted July 19, which the city elects to prosecute before the code
1994,is treated as having repealed former Art.VI,§§2-246— enforcement board shall have no criminal penalty
(tave 2-288,relative to Code enforcement,and enacted a new Art. as to said violation.
VI to read as herein set out. The provisions of former Art.VI
derived from Code 1981, §§ 265.01(A)—(I), 265.02, 265.03, (Ord. No. 23-94, § 1, 7-19-94)
265.05, 265.06(A)—(D), 265.07(A)—(I), 265.09, 265.10(A)—
(D), 265.12 and 265.13 and Ord. No. 1-93, § 1,adopted Feb. Sec. 2-260. Application for satisfaction,
16, 1993. release, or reduction, of code
Cross references—Regulations regarding the amuse-
ment device code, § 10-26 et seq.; regulations regarding enforcement liens.
outdoor entertainment,§10-46 et seq.;regulations regarding
adult entertainment, § 10-86 et seq.; regulations regarding (a) Where a certified copy of an order impos
animals, ch. 14; businesses, ch. 16; regulations regarding ing a penalty or fine,as described in F.S. ch. 162,
alarm systems, § 30-26 et seq.;regulations regarding litter- has been recorded in the public records of Bre-
ing, § 34-26 et seq.; litter abatement procedure, § 34-66 et yard County, Florida, and has become a lien
seq.;regulations regarding property maintenance standards, against the land and/or property of the violator,
§ 34-91 et seq.; regulations regarding weeds and dead such violator, or the violator's successors and
vegetation, § 34-121 et seq.; regulations regarding noise,
§ 34-151 et seq.;regulations regarding abandoned property, assigns who has an ownership interest in the
§ 34-176 et seq.; regulations regarding lighting systems, property,(collectively,the"applicant")may apply
§ 34-206 et seq.; fire prevention and protection, ch. 38; for a satisfaction, release, or reduction of such
regulations regarding collection and disposal of solid waste, lien as follows:
ch.62;regulations regarding excavations in streets,sidewalks
and other public places,§66-61 et seq.;regulations regarding (1) Lien satisfaction. Upon full payment by
occupational licenses, § 70-66 et seq.;regulations regarding the applicant of the fine or penalty
the sanitary sewer system, § 78-26 et seq.; regulations
regarding buildings,ch. 82;regulations regarding stormwa- imposed in accordance with this division,
ter management, § 90-116 et seq.; regulations regarding the city manager is hereby authorized to
signs, ch. 94; regulations regarding subdivisions, ch. 98; execute and record in the public records
regulations regarding vegetation,ch. 102;regulations regard- of Brevard County,Florida,a satisfaction
ing wetlands protection,§ 106-26 et seq.;regulations regard- of lien on behalf of the City. The applicant
ing zoning,ch. 110.
State law reference—Code enforcement,F.S. ch. 162. shall be responsible for paying all costs of
(1110' tCross reference—Boards, committees, commissions, recording. Lien satisfaction requests do
§2-171 et seq. not require a full application required by
Supp. No. 25 CD2:19
§2-260 CAPE CANAVERAL CODE
subsection (b) of this section because the that exist which would warrant the reduc-
applicant is paying the full amount of the tion or satisfaction of the penalty or fine.
fine or penalty due the City.
(c) Reimbursement to city for recording costs
(2) Lien release or reduction. Upon request at time of application. The applicant shall submit,
for a release or reduction of a fine or at the time of application, an application fee
penalty imposed in accordance with this established by the city to defray some or all of
division, the applicant shall submit a the city's costs of processing the application
written application to the city manager including, but not limited to, personnel, legal,
or designee, in accordance with this sec- and costs associated with recording the order
tion. imposing a penalty or fine and the requested
(b) Application. The application for release or release or reduction of lien. These costs are
reduction of lien shall be in written form, typed nonrefundable, without regard for the final
or handwritten, by the applicant and shall be disposition of the application.
submitted to the city manager, or designee. The (d) Application review. Upon receipt of the
application shall be executed under oath and application and payment provided above, the
sworn to in the presence of a notary public, and code enforcement division shall confirm that the
shall include, but may not be limited to, the violation, which resulted in the order imposing
following: penalty or fine, has been corrected. If the viola-
(1) A copy of the order imposing a lien upon tion has been corrected and there are no current
the property including the code enforce- code violation(s) upon the property in question,
ment case number; the code enforcement division shall place the
application and a staff recommendation upon
(2) The date upon which the applicant the agenda of the next meeting of the code
brought the subject property into compli- enforcement board for the City of Cape Canaveral
ance with the City Code; for a hearing.
(3) The basis upon which the applicant (e) At the hearing before the code enforce-
believes the application for release or ment board, the board shall review and consider
reduction of lien should be granted; the application for reduction or release of lien,
(4) The terms upon which the release or provide the violator with an opportunity to address
reduction of lien should be granted; the board regarding the application for reduction
(5) The reasons, if any, compliance was not or release of lien, and to take the testimony of
obtained prior to the order of penalty or other interested parties,including but not limited
fine being recorded; to city staff.
(6) The reduction in penalty or fine sought Upon review of the application and any
by the applicant; testimony presented,the code enforcement board
shall by motion or writing approve,approve with
(7) A statement verifying whether the conditions, or deny the application for reduction
applicant was issued any title policy or or release of lien.
policies for the subject property
encumbered by the lien after the date the Whenever a recommendation or decision is
lien was recorded in the public records of made under this section, the following factors
Brevard County, Florida. If such a policy shall be applied by the city in determining the
or policies were issued to the applicant, a amount of any reduction or release:
copy of any such title policy shall be (1) The amount of any administrative and
submitted with the application; out-of-pocket costs incurred by the city
(8) Any other information which the applicant which are directly associated with the
deems pertinent to the request, includ- underlying code enforcement case and
ing but not limited to the circumstances lien including, but not limited to, code
Supp. No. 25 CD2:20
ADMINISTRATION §2-260
enforcement staff and attorney time,post- (12) Any relevant information contained in
age, advertising and recording costs, and any title policy required to be submitted
other city expenses related to any measure to the city under this section;
taken by the code board or city to abate a
nuisance caused by the violation; (13) Any financial hardship;
(2) The gravity and number of the viola- (14) Any other mitigating circumstance which
tion(s); may warrant the reduction or satisfac-
tion of the penalty or fine; and
(3) The amount of the requested reduction;
(15) Any other administrative review criteria
(4) The time in which it took to bring the relevant to whether it is equitable to
property into compliance; reduce or release a lien which are adopted
by the city manager, in writing, and are
(5) Whether the applicant was responsible intended to be applied to all applications
for the violation which caused the lien; on a uniform basis.
(6) Whether the applicant is or will be a (f) To the maximum extent feasible, the code
bona fide purchaser of the subject property enforcement board shall collect, at a minimum,
and is filing or has filed for a homestead all administrative and out-of-pocket costs incurred
exemption evidencing a desire to reside by the city as specified in subsection(e)(1). If the
within the city on a non-transient basis, code enforcement board approves the application
or whether the property is or will be to reduce or release the lien and the approval is
acquired for investment or other purposes; conditioned upon the applicant paying a reduced
(7) Whether the applicant acquired the penalty,fine,or any other condition,the satisfac-
tionsubject property with knowledge of the or release of lien shall not be prepared or
subject lien or should have knowledge of recorded in the public records of Brevard County,
the lien through reasonable due diligence; Florida by the city manager until the condi
tion(s) imposed by the code enforcement board
(8) The accrued amount of the code enforce- have been satisfied.
ment fine or lien as compared to the
current market value of the property; (g) Compliance and right of appeal. The
applicant shall have 30 days in which to comply
(9) With respect to a speculator, non- with the conditions imposed by the code enforce-
homestead purchaser of the subject ment board or submit a written appeal as provided
property, the accrued amount of the code herein. Failure of the applicant to comply or
enforcement fine or lien as compared to timely appeal will result in the automatic denial
the investment/profit that will be gained of the application.
as a result of the purchase or sale of the
property and the reduction or satisfac (1) If the application is denied, or if the
tion; application is automatically denied due
to the failure of the applicant to comply
(10) Any previous or subsequent violations with the conditions imposed by the code
pertaining to the property unless an enforcement board or timely appeal, the
order finding a violation is under appeal applicant shall thereafter be barred from
at the time of determination; applying for a subsequent reduction or
release of lien for a period of one year
(11) Any previous or subsequent violations of from the date of denial. During the one-
the applicant pertaining to the other year period, the lien may only be satis-
properties owned within city, unless an fled and released upon full payment of
(iimpe order finding a violation is under appeal the fine or penalty imposed in accordance
at the time of determination; with this division.
Supp. No. 25 CD2:21
§2-260 CAPE CANAVERAL CODE
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(2) The applicant may appeal the code city council to be in the best interests of the city,
enforcement board's decision to the city the code enforcement board or city council may
council,by filing a written appeal within approve an application conditioned upon a partial
ten days of the date of the decision with release of lien that releases a city lien from a
the city clerk. The notice of appeal shall specific piece of property. However, the lien will
state the decision that is being appealed, remain in effect and will encumber any other
the grounds for appeal, and a brief sum- properties which are subject to the lien pursuant
mary of the relief being sought. A to law. Partial releases of lien may also be
nonrefundable filing fee of$100.00 shall authorized by the code enforcement board or city
accompany the notice of appeal. Upon council to account for any funds paid to the city
submittal of a timely appeal, the city to reduce the amount owned on the lien. In
manager shall place the appeal of the addition, nothing herein shall prohibit the city
determination upon the agenda of the manager from releasing a lien, in whole or part,
next regularly scheduled city council meet- that was recorded in error by the city. An
ing to the extent practicable. The city application shall not be required to release a lien
council shall render a final decision on recorded in error.
the application based upon the sworn (Ord. No. 05-2003,§2,2-18-03;Ord. No. 01-2016,
application, the code enforcement board § 2, 5-17-16)
determination and any other relevant
information or testimony provided to the Secs. 2-261-2-279. Reserved.
city council at the meeting by the
applicant, city manager or any other
interested party. Any decision made by DIVISION 3. CODE ENFORCEMENT
the city council pursuant to this section CITATIONS
shall be deemed final and not subject to
any further administrative review by the Sec. 2-280. Intent and purpose.
city. The applicant shall have 30 days in (a) It is the intent and purpose of this division
which to comply with any decision of or to provide a supplemental procedure for the
condition imposed by the city council or enforcement of city codes and ordinances. Noth-
the application shall be deemed automati ing contained in this division shall prohibit the
cally denied and thereafter,the applicant city from enforcing its Code and ordinances by
shall be barred from applying for a any other lawful means.
subsequent reduction or release of lien
for a period of one year from the date of (b) It is also the intent and purpose of this
the city council's decision. During the division to enhance the effectiveness of code
one-year period, the lien may only be enforcement within the city by authorizing the
satisfied and released upon full payment enforcement methods and penalties contained in
of the fine or penalty imposed in this division for the betterment and promotion of
accordance with this division. the public health, safety, and welfare of the
(3) When a lien is satisfied as a result of citizens of the city.
reduced payment or release as ordered (Ord. No. 06 2004, § 2, 4-20-04)
by the city council, the city manager is
hereby authorized to execute and record Sec. 2-281. Definitions.
in the public records of Brevard County, The following words and phrases shall have
Florida, a satisfaction of lien on behalf of the meaning ascribed herein unless the context
the city. clearly indicates otherwise:
(h) Partial release of liens; liens recorded in (a) Code enforcement officer shall mean city
error. Under appropriate circumstances manager designated employees or agents whose
determined by the code enforcement board or duty it is to enforce the City Code and ordinances.
Supp. No. 25 CD2:22
ADMINISTRATION §2-283
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Code enforcement officers may include, but are Sec. 2-283. Applicable codes and
not limited to, code inspectors, building inspec- ordinances; class violation.
tors,the building official,law enforcement officers,
fire safety inspectors, or any other employee or (a) The following city codes and ordinances
agent authorized by the city council and/or city may be enforced by civil citation to the Brevard
manager. All such officers employed by the city County Court, and are assigned the violation
shall receive training as prescribed by the city classification enumerated below:
council and/or city manager. (1) Chapter 38, article IV,
Fireworks Class II.
(b) Person shall mean any individual,associa- (2) Chapter 34,article II,Litter Class I.
tions,joint ventures, partnerships, corporations,
trusts, sole proprietorships, and any and all (3) Chapter 34, article III,
other groups or combinations and legal entities. Property Maintenance
Standards Class I.
(c) Repeat violation shall be as defined by F.S. (4) Chapter 34, article V, Noise Class I.
ch. 162, and as may be amended from time to
(5) Chapter 34, article VII,
time.
Lights Class I.
(d) Violation shall mean the act of breaking, (6) Section 14-3, Bees and
infringing or transgressing any provision of the
beehives prohibited Class I.
City Code, its ordinances or other law by a (7) Chapter 14, article III, Sea
(Ititre" person, pursuant to this division. Turtles Class I.
(Ord. No. 06-2004, § 2, 4-20-04)
(8) Section 110-467, Garage
sales Class I.
Sec. 2-282. Authorization of citation (9) Section 110-582, Swimming
program. pool barriers Class II.
(10) Chapter 62, Solid wasteClass I.
(a) The city hereby adopts a code enforcement
citation system to provide an additional and (11) Section 110-487, Rental
supplemental method of enforcing the enumer- on dwelling units Class IV.
ated codes and ordinances enumerated in section (12) Chapter 82, article XIV,
2-283 or specifically made subject to this division Numbering of Buildings and
elsewhere in the City Code. The enforcement Property Class I.
method shall be by the issuance of citations for
violation of duly enacted city codes and ordinances (13) Chapter 82, article V,
in accordance with the rules and procedures Registration and
established by this division and F.S. Ch. 162. Maintenance of Properties
in Foreclosure Class IV.
(b) Code enforcement officers shall not have (14) Section 94-6,Prohibited signs
the power of arrest for purposes of bringing a and features Class I.
violation in compliance. For each violation, the (15) Chapter 90, article V,
code enforcement officer shall determine, using
reasonable discretion, whether to prosecute the construction site stormwa
violation through the civil citation system under ter runoff control Class II.
coo' this division and/or the code enforcement board. (16) Chapter 92, Fertilizer Land
(Ord. No. 06 2004, § 2, 4-20-04) Application Class I.
Supp. No. 25 CD2:22.1
§2-283 CAPE CANAVERAL CODE
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(b) In the event of a conflict between the civil (b) Each violation of a city code or ordinance
penalties enumerated in this section and a civil specifically made subject to this division is a
penalty specifically enumerated elsewhere in separate civil infraction. Each day such violation
this Code or other ordinances,the more stringent shall continue shall be deemed to constitute a
penalty shall apply. separate civil infraction.
(Ord. No. 06 2004,§2,4-20-04;Ord. No. 06-2007, (c) The maximum civil penalty pursuant to
§ 2, 10-16-07; Ord. No. 06 2012, § 3, 4-17-12;
this division, shall not exceed $500.00 plus all
Ord. No. 07 2012,§3,5-15-12;Ord. No. 09-2012, applicable court costs and legislative assess-
§ 2, 6-19-12; Ord. No. 21-2012, § 2, 12-18-12; ments, per violation.
Ord. No. 08-2013,§3,7-16-13;Ord. No. 17-2013,
§ 3, 1-21-14) (d) Any citation issued pursuant to this article
may be contested in county court.
Sec. 2-284. Training of code enforcement (e) Any person who willfully refuses to sign
officers. and accept a citation issued by a code enforce-
ment officer shall be guilty of a misdemeanor of
(a) The training and qualifications of the code the second degree,punishable as provided in F.S.
enforcement officers shall be established by the §§ 775.082 and 775.083.
city council or city manager.
(f) The provisions of this part shall not apply
(b) Except for sworn law enforcement officers, to enforcement pursuant to sections 553.79 and
the designation of code enforcement officers under 553.80 of the Florida Building Code, as applied
this division does not confer the power of arrest to construction, provided that a building permit
or other law enforcement powers nor subject the is either not required or has been issued by the
code enforcement officers to the provisions of F.S. city.
Ch. 943. (Ord. No. 06-2004, § 2, 4-20-04)
(Ord. No. 06-2004, § 2, 4-20-04)
Sec. 2-287. Citation issuance procedure.
Sec. 2-285. Citation powers; personal All citations issued pursuant to this division
investigation;reasonable cause. by a code enforcement officer shall be in
accordance with the following procedure:
Any code enforcement officer is hereby
authorized to issue a citation to a person when, (a) Warning notice. Except as provided in
based upon personal investigation, the officer subsection(b), a code enforcement officer
has reasonable cause to believe that the person shall provide a warning notice prior to
has committed a civil infraction in violation of issuing a citation. The warning notice
the duly enacted code or ordinance which is shall at a minimum provide the follow-
either identified in section 2-283 of this division ing:
or specifically made subject to this division (1) The code or ordinance provision
elsewhere in the City Code,regardless of whether violated;
the violation constitutes a repeat violation. Noth- (2) The date of the issuance of the
ing in this section shall prohibit the city from warning notice;
enforcing its codes or ordinances by any other
means.
(Ord. No. 06-2004, § 2, 4-20-04)
Sec. 2-286. Violation; penalties; general.
(a) A violation of a city code or ordinance
specifically made subject to this division is hereby
deemed a civil infraction.
Supp. No. 25 CD2:22.2
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Sec. 110-224. Expiration.
Secs. 110-225-110-245. Reserved.
Article VII. Districts
Division 1. Generally
Sec. 110-246. Official zoning map-Adopted.
Sec. 110-247. Same-Replacement.
Sec. 110-248. Rules for interpretation of district boundaries.
Sec. 110-249. Application of district requirements.
Sec. 110-250. Conformity.
Sec. 110-251. Structure height,maximum units, lot area,setbacks.
Sec. 110-252. Duplicate use of setbacks,open space,parking space.
Sec. 110-253. Reuse of area used for density calculations.
Sec. 110-254. Dimension or area reduction below minimum.
Sec. 110-255. Lot and street requirements for structures.
Sec. 110-256. Zoning classification of annexations.
Sec. 110-257. Unusual uses or uses not specifically permitted.
Secs. 110-258-110-270. Reserved.
Division 2. R-1 Low Density Residential District
Sec. 110-271. Intent.
Sec. 110-272. Principal uses and structures.
Sec. 110-273. Accessory uses and structures.
Sec. 110-274. Special exceptions permissible by board of adjustment.
(1111000' Sec. 110-275. Prohibited uses and structures.
Sec. 110-276. Area and dimensions.
Sec. 110-277. Minimum setbacks.
Sec. 110-278. Offstreet parking and access.
Secs. 110-279-110-290. Reserved.
Division 3. R-2 Medium Density Residential District
Sec. 110-291. Intent.
Sec. 110-292. Principal uses and structures.
Sec. 110-293. Accessory uses and structures.
Sec. 110-294. Special exceptions permissible by board of adjustment.
Sec. 110-295. Prohibited uses and structures.
Sec. 110-296. Area and dimension.
Sec. 110-297. Minimum setbacks.
Sec. 110-298. Offstreet parking and access.
Secs. 110-299-110-310. Reserved.
Division 4. R-3 Medium Density Residential District
Sec. 110-311. Intent.
Sec. 110-312. Principal uses and structures.
Sec. 110-313. Accessory uses and structures.
Sec. 110-314. Special exceptions permissible by board of adjustment.
Sec. 110-315. Prohibited uses and structures.
Sec. 110-316. Area and dimensions.
Sec. 110-317. Minimum setbacks.
Sec. 110-318. Offstreet parking and access.
Sec. 110-319. Minimum breeze requirement.
Sec. 110-320. Dune crossovers required.
LOP' Sec. 110-321. Protection of public beach-end parking.
Secs. 110-322-110-330. Reserved.
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Division 5. C-1 Low Density Commercial District
Sec. 110-331. Intent;applicability.
Sec. 110-332. Principal uses and structures.
Sec. 110-333. Accessory uses and structures.
Sec. 110-334. Special exceptions permissible by board of adjustment.
Sec. 110-335. Prohibited uses and structures.
Sec. 110-336. Area and dimensions.
Sec. 110-337. Minimum setbacks.
Sec. 110-338. Landscaping,screening and parking.
Sec. 110-339. Offstreet parking and access.
Division 6. C-2 Commercial/Manufacturing District
Sec. 110-340. Intent;applicability.
Sec. 110-341. Principal uses and structures.
Sec. 110-342. Accessory uses and structures.
Sec. 110-343. Special exceptions permissible by the board of adjustment.
Sec. 110-344. Prohibited uses and structures.
Sec. 110-345. Area and dimensions.
Sec. 110-346. Minimum setbacks.
Sec. 110-347. Landscaping,screening and parking.
Sec. 110-348. Performance standards.
Sec. 110-349. Parking and loading.
Sec. 110-350. Reserved.
Division 7. M-1 Light Industrial and Research and Development District
Sec. 110-351. Intent;applicability.
Sec. 110-352. Principal uses and structures.
Sec. 110-353. Accessory uses and structures.
Sec. 110-354. Special exceptions permissible by board of adjustment.
Sec. 110-355. Prohibited uses and structures.
Sec. 110-356. Area and dimensions.
Sec. 110-357. Minimum setbacks.
Sec. 110-358. Landscaping,screening and parking.
Sec. 110-359. Performance standards.
Sec. 110-360. Parking and loading.
Secs. 110-361-110-370. Reserved.
Division 8. Townhouses
Sec. 110-371. Permitted use.
Sec. 110-372. Area and dimensions.
Sec. 110-373. Minimum setbacks.
Sec. 110-374. Offstreet parking.
Sec. 110-375. Utilities.
Sec. 110-376. Reserved.
Sec. 110-377. Individually platted lots.
Sec. 110-378. Building permit.
Sec. 110-379. Development schedule.
Secs. 110-380-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
Supp. No. 25 CD110:4
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Sec. 110-404. Common open space,drainage systems,private roads and other
related common facilities.
Sec. 110-405. Physical review.
Sec. 110-406. Building permit.
Sec. 110-407. Bonding.
Sec. 110-408. Termination zone.
Sec. 110-409. Enforcement.
Secs. 110-410-110-420. Reserved.
Division 2. Development Plans
Sec. 110-421. Application.
Sec. 110-422. Procedure for receiving approval of preliminary development
plan and tentative zoning.
Sec. 110-423. Procedure for approval of final development plan.
Secs. 110-424-110-435. Reserved.
Division 3. Land Use Regulations
Sec. 110-436. Minimum size.
Sec. 110-437. Maximum density.
Sec. 110-438. Minimum common recreation and open space.
Sec. 110-439. Minimum lot area;frontage;setbacks;accessory uses.
Sec. 110-440. Maximum length of structures.
Sec. 110-441. Minimum floor area.
Sec. 110-442. Offstreet parking.
Sec. 110-443. Underground utilities.
Sec. 110-444. Development standards.
Sec. 110-445. Preservation of trees.
Secs. 110-446-110-455. Reserved.
Article IX. Supplementary District Regulations
Division 1. Generally
Sec. 110-456. Application of performance standards.
Sec. 110-457. Outside storage.
Sec. 110-458. Shopping centers and retail stores using outside display.
Sec. 110-459. Mini-warehouse/personal property storage facilities.
Sec. 110-460. Veterinary hospital.
Sec. 110-461. Car wash.
Sec. 110-462. Single-family residential second kitchen facility.
Secs. 110-463-110-465. Reserved.
Sec. 110-466. Reserved.
Sec. 110-467. Garage sales.
Sec. 110-468. Accessory structures.
Sec. 110-469. Visibility at intersections.
Sec. 110-470. Fences,walls and hedges.
Sec. 110-471. Exceptions to height regulations.
Sec. 110-472. Access.
Sec. 110-473. Minimum width of courts.
Sec. 110-474. Water areas.
Sec. 110-475. Sidewalks required.
Sec. 110-476. Dedicated public land.
Sec. 110-477. Dedicated public easement.
Sec. 110-478. Residential use antennas/satellite dishes.
Sec. 110-479. Sewage disposal.
Sec. 110-480. Atomic energy uses.
Sec. 110-481. Building required for commercial uses.
Supp. No. 25 CD110:5
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Sec. 110-482. Underground utilities required.
Sec. 110-483. Wireless communications towers and antennas.
Sec. 110-484. Emergency pad-mounted generators.
Sec. 110-485. Liquefied petroleum gas.
Sec. 110-486. Vacation rentals.
Sec. 110-487. Rental restrictions on dwelling units.
Sec. 110-488. Assisted living facilities.
Sec. 110-489. Pain management clinic and medical marijuana treatment
center regulations.
Sec. 110-490. Donation bins prohibited.
Sec. 110-490.1. Vacation resort campus.
Division 2. Offstreet Parking
Sec. 110-491. Number of spaces required.
Sec. 110-492. Location of spaces.
Sec. 110-493. Access.
Secs. 110-494-110-505. Reserved.
Division 3. Offstreet Loading
Sec. 110-506. Requirements.
Sec. 110-507. Location and dimensions of space.
Secs. 110-508-110-520. Reserved.
Division 4. Home Occupations
Sec. 110-521. Permitted home occupations.
Sec. 110-522. Requirements.
Sec. 110-523. Local business tax receipt required.
Secs. 110-524-110-535. Reserved.
Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Sec. 110-538. Encroachments.
Secs. 110-539-110-550. Reserved.
Division 6. Vehicles and Vessels
Sec. 110-551. Location of recreational vehicles,camping equipment,boats and
boat trailers.
Sec. 110-552. Living aboard boats.
Sec. 110-553. Living or residing in automotive vehicles.
Sec. 110-554. Parking and storage of certain vehicles.
Sec. 110-555. Paving of vehicular use areas.
Sec. 110-556. Vehicle rental facility.
Secs. 110-557-110-565. Reserved.
Division 7. Landscaping and Vegetation
Sec. 110-566. Landscaping and screening between commercial or industrial
zoning districts and residential zoning districts.
Sec. 110-567. Interior landscaping for offstreet parking areas.
Sec. 110-568.10-56Reserved.0- 80.
Secs. 110-569-110-580. Reserved.
Supp. No. 25 CD110:6
ZONING
Division 8. Swimming Pools
Sec. 110-581. Construction and location.
Sec. 110-582. Swimming pool barriers.
Sec. 110-583. Accessories.
Sec. 110-584. Minimum setbacks.
Article X. AlA Economic Opportunity Overlay District
Division 1. Generally
Sec. 110-585. Introduction.
Sec. 110-586. Boundary and organization.
Sec. 110-587. Applicability.
Sec. 110-588. Purpose.
Sec. 110-589. Goals.
Sec. 110-590. Objectives.
Sec. 110-591. Design principles.
Sec. 110-592. Definitions.
Secs. 110-593-110-603. Reserved.
Division 2. Administration
Sec. 110-604. Intent.
Sec. 110-605. General.
Sec. 110-606. Procedures for design compatibility approvals.
Sec. 110-607. Plan submittals.
Sec. 110-608. Nonconforming uses,structures and buildings.
Sec. 110-609. Use matrix.
Sec. 110-610. Similar and compatible uses.
Sec. 110-611. Property containing both commercial and residential zoning
district designations.
Secs. 110-612-110-620. Reserved.
Division 3. Site Planning
Sec. 110-621. Intent.
Sec. 110-622. LEED or LEED equivalent design.
Sec. 110-623. Building orientation.
Sec. 110-624. Building height.
Sec. 110-625. Building setbacks and building zones.
Sec. 110-626. Building frontage.
Sec. 110-627. Project size.
Sec. 110-628. Lot coverage.
Sec. 110-629. On-site circulation.
Sec. 110-630. Utility and service areas.
Secs. 110-631-110-640. Reserved.
Division 4. Architectural Guidelines
Sec. 110-641. Intent.
Sec. 110-642. Similar and compatible design
Sec. 110-643. Articulation.
Sec. 110-644. Building continuity.
Sec. 110-645. Scale.
Sec. 110-646. Proportion.
Sec. 110-647. Rhythm.
Sec. 110-648. Entry treatment.
Sec. 110-649. Roof lines.
Sec. 110-650. Exterior surface materials.
Supp. No. 25 CD110:7
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Sec. 110-651. Windows and transparency.
Sec. 110-652. Storefronts.
Sec. 110-653. Color.
Sec. 110-654. Awnings and canopies.
Sec. 110-655. Ground floor lighting.
Sec. 110-656. Utilities and stormwater management area screening.
Secs. 110-657--110-667. Reserved.
Division 5. Parking
Sec. 110-668. Intent.
Sec. 110-669. Surface parking.
Sec. 110-670. Parking structures.
Secs. 110-671-110-682. Reserved.
Division 6. Landscaping
Sec. 110-683. Intent.
Sec. 110-684. Commercial site plan review.
Sec. 110-685. Water efficient landscaping.
Sec. 110-686. Screening between commercial or industrial zoning districts or
uses and residential districts or uses.
Sec. 110-687. Project perimeter.
Sec. 110-688. Building landscaping.
Sec. 110-689. Surface parking lots.
Sec. 110-690. Required screening for commercial parking facilities.
Secs. 110-691-110-700. Reserved.
Division 7. Signage
Sec. 110-701. Intent.
Sec. 110-702. All signs.
Sec. 110-703. Awning signs.
Sec. 110-704. Pedestrian signs.
Sec. 110-705. Projecting signs.
Sec. 110-706. Wall signs.
Sec. 110-707. Hanging signs.
Sec. 110-708. Window signs.
Sec. 110-709. Business park/area multi-user sign.
Secs. 110-710-110-719. Reserved.
Article XI. Planned Developments
Division 1. Generally
Sec. 110-720. Definitions.
Sec. 110-721. Purpose and intent.
Sec. 110-722. Permitted uses.
Sec. 110-723. Common open space, drainage systems, and other related
common facilities.
Sec. 110-724. Physical review.
Sec. 110-725. Building permit.
Sec. 110-726. Revocation.
Sec. 110-727. Enforcement.
Secs. 110-728-110-739. Reserved.
3
Supp. No. 25 CD110:8
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Division 2. Planned Development Plans
Sec. 110-740. Application procedures.
Sec. 110-741. Concept plan.
Sec. 110-742. Land use plan.
Sec. 110-743. Site/construction plan.
Secs. 110-744-110-754. Reserved.
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Supp. No. 25 CD110:9
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3
ZONING § 110-1
ARTICLE I. IN GENERAL adults who are not relatives of the owner or
administrator. For purposes of calculating density,
Sec. 110-1. Definitions. 2.5 assisted living facility beds shall be equivalent
The following words,terms and phrases,when to one dwelling unit.
used in this chapter, shall have the meanings
ascribed to them in this section, except where Automotive maintenance facility means a facil
the context clearly indicates a different meaning: ity in the business of conducting minor repairs
and servicing to motor vehicles which produces
Access easement. See the definition of"utility relatively low levels of noise,vibration and fumes,
access easement." but which shall not include the sale of gasoline.
Accessory use means a use or structure on the More specifically, the following types of repairs
same lot with and of a nature customarily and services to motor vehicles may be offered:air
incidental and subordinate to the principal use conditioning repairs,starting and charging service;
or structure. brake repair and replacement;engine oil changes,
fluids replacement; exhaust system repair and
Alcoholic beverage means the same as defined replacement; automotive electrical work other
by F.S. § 561.01(4)(a). than audio sound system installation; shock
Alley means any public or private right-of-way absorber, spring, and strut replacement;
set aside for secondary public travel and servic- upholstery work;tire balancing,tire installation;
ing which is less than 30 feet in width. wheel alignment; windshield and glass installa-
Antenna means any exterior transmitting or tion; tune-ups, diagnostics; spark plug replace-
receiving device mounted on a tower, building or ment, emission control service;and other repairs
structure and used in communications that radi-
ateof a similar nature with respect to impacts on
or capture electromagnetic waves, digital nearby properties.
signals,analog signals,radio frequencies(exclud-
ing radar signals), wireless telecommunications Automotive repair facility means a facility in
signals or other communication signals. the business of conducting major repairs to
motor vehicles that produce relatively high levels
Apartment. See the definition of "dwelling, of noise, vibration and fumes, but which shall
multiple-family." not include the sale of gasoline. More specifi-
Apartment hotel means a building designed cally, the following types of repairs to motor
for or containing both apartments and individual vehicles may be offered: audio sound system
guestrooms or rental units, under resident installation; auto body customizing; sun roof
supervision,and which maintains an inner lobby installation; auto body sheet metal, fiberglass or
through which all tenants must pass to gain plastic repair, replacement, prepping or paint-
access to apartments, rooms or units. ing; auto body or frame media blasting; chassis
and frame cleaning,fabrication, straightening or
Approved structure means that which is built welding; transmission repair and replacement;
or constructed or an edifice or building of any any other types of similar automotive work not
kind in which collected nonhazardous material included in the definition of "automotive
may be stored. maintenance facility".
Assisted living facility shall mean any build-
ing or buildings, section or distinct part of a Automotive vehicle means any self-propelled
building,private home,boarding home,home for vehicle or conveyance designed and used for the
the aged, or other residential facility, whether purpose of transporting or moving persons,
operated for profit or not, which undertakes animals, freight, merchandise or any substance.
through its ownership or management to provide The term shall include passenger cars, trucks,
housing,meals,and one or more personal services buses, motor homes, motorcycles, scooters and
for a period exceeding 24 hours to one or more station wagons, but shall not include tractors,
Supp. No. 25 CD110:11
§ 110-1 CAPE CANAVERAL CODE
3
construction equipment or machinery or any Child care facility means any child care center
device used for performing a job,except as stated or child care arrangement as defined by F.S.
in this definition. § 402.302, as may be amended.
Awning means a detachable, rooflike cover, Chronic nonmalignant pain means pain
supported by the walls of a building for protec unrelated to cancer or rheumatoid arthritis,
tion from sun or weather. which persists beyond the usual course of disease
or the injury that is the cause of the pain, or
Block means the area between two adjacent more than 90 days after surgery.
streets or if no streets are present an area not to Church means any building occupied on a
exceed 600 feet in length or width. permanent basis for religious exercises as a
primary use.
Bottle club means a membership composed of
a group of people which permits the consumption Commercial parking facility shall mean a
of alcoholic beverages on a premises without facility primarily engaged in the commercial
charge. Membership shall be for a period of not enterprise of providing parking spaces for licensed
less than one year. motor vehicles, usually on an hourly, daily, or
monthly basis. Commercial parking facilities
Building means any structure built for the shall not include those facilities for the storage
support,shelter or enclosure of persons,animals, of boats, trailers, trailerable items, recreational
chattels or property of any kind which has vehicles, unlicensed vehicles or other special
enclosing walls for 50 percent of its perimeter. purpose vehicles.
The term "building" shall be as if followed by the
words "or part thereof." For the purpose of this Common open space means a parcel or area of
land or land and water, other than a dedicated
chapter, each portion of a building separated
from otherportions bya firewall shall be canal,within the site and designed and intended
for the use or enjoyment of residents living
considered as a separate building. For the purpose within the zone or development area. Common
of area and height limitations, this definition open space may contain such complementary
shall be applicable to sheds and open sheds. structures and improvements as are necessary
Building official means the official charged and appropriate for the benefit and enjoyment of
with the administration and enforcement of this the residents.
chapter as provided in article II of this chapter. Construction site means a lot or parcel upon
which development is immediately proposed or
Camper trailer. See the definition of in progress, as authorized by a current building
"recreational vehicle." permit.
Camper (truck mounted) means a portable Containers means any cans,barrels, drums or
structure designed to be mounted on a truck or tanks, except stationary tanks, which would be
similar type vehicle, for the purpose of convert- used for the outside storage of nonhazardous
ing the vehicle into a movable living unit, and materials.
customarily used for recreational or camping Convalescent home means a building where
use. regular nursing care is provided for more than
Car wash means a business engaged in wash- one person, not a member of the family, who
resides on the premises.
ing, waxing, polishing, and general cleaning of
automobiles, small trucks, light utility vehicles Convenience store (with or without the sale of
and small recreational vehicles, but that is not gasoline at fueling stations) means a small store
designed to handle larger commercial trucks and that stocks a range of everyday items such as
buses. It includes self-service, full-service, and groceries,snack foods,candy,toiletries,soft drinks,
automated car washes and auto detailing services. tobacco products, and newspapers. This type of
Supp. No. 25 CD110:12
ZONING § 110-1
L
facility may or may not include the sale of ing and assembly operations,location on jacks or
gasoline at fueling stations. A convenience store other temporary or permanent foundations, con-
with the sale of gasoline at fueling stations may nection to utilities and the like.
also be referred to as a "service station" or
"automotive service station." Dwelling, multiple-family, means a residential
building designed for or occupied by three or
Court means an unoccupied open space on the more families, with the number of families in
same lot with the principal building and enclosed residence not exceeding the number of dwelling
on at least three adjacent sides by walls of the units provided.
principal building.
Dwelling, single-family, means a detached
Courtesy notice means a notice of a public residential dwelling unit other than a mobile
hearing, not required by law, mailed at the city's home, designed for and occupied by one family.
discretion pursuant to the provisions of this
chapter to property owners within 500 feet of Dwelling, two family, means a detached
property which is the subject of the public hear- residential building containing two dwelling units,
ing. Courtesy notices may be sent by regular or designed for occupancy by not more than two
certified mail, as set forth herein. families.
Dedication means the deliberate appropria Dwelling unit or living unit means one room
tion of land by its owner for any general and or rooms connected together, constituting a
public uses, reserving to himself no other rights separate independent housekeeping establish-
than such as are compatible with the full exercise ment for owner occupancy, for rent or lease, and
and enjoyment of the public uses to which the physically separated from any other rooms or
property has been devoted. dwelling units which may be in the same structure
and containing independent cooking and sleep-
Dish antenna. See the definition of "earth ing facilities.
station antenna."
Easement means a right-of-way granted for
Drive-in restaurant or refreshment stand means limited use of private property for a public or
any place or premises used for sale, dispensing quasipublic purpose.
or servicing of food,refreshments or beverages in
automobiles, including those establishments Existing grade shall mean the ground surface
where customers may serve themselves and may elevation prior to grading, or the addition of fill
eat or drink the food, refreshments or beverages material.
on the premises. Fair market value means the valuation of a
Drive, private, means a private way set aside structure by the county tax assessor in his
for vehicular traffic that does not exceed 200 feet assessment for the levying of ad valorem taxes
in developed length and serves less than four for the tax year.
residential, commercial or any combination of Family means a person or a group of persons
residential and commercial units. related to each other by blood or marriage or a
Dwelling, mobile home, means a detached group of not more than four adults who are not
residential dwelling unit over eight feet in width, necessarily so related, living together under one
which bears a seal from the United States roof as a single household unit.
Department of Housing and Urban Develop- Fence means a structure forming a physical
ment, designed for travel over highways and barrier,which is constructed of wood or a similar
streets or for house accommodations or both, lightweight building material.
manufactured on an integral chassis or undercar-
riage and arriving at the site where it is to be Finish grade shall mean the final grade of the
occupied,except for minor and incidental unpack- site, which conforms to the approved plan.
Supp. No. 25 CD110:13
§ 110-1 CAPE CANAVERAL CODE „a)
Finished surface, as it relates to the definition Hedge means a row of bushes or small trees
of "paving" in this section, means manipulated planted close together in such a manner as to
by tool or machine to effectuate a uniform form a boundary or barrier.
consistency and smoothness in accordance with
industry standards, in a workmanlike manner. Height of building means the vertical distance
from 12 inches above the crown of the fronting
Fireworks means any combustible or explosive road or finish grade at the building line,whichever
composition or substance or combinations of is highest, to (i)the highest point of flat roof; (ii)
substances or any article prepared for the purpose the deck line of a mansard roof; (iii) the average
of producing a visible or audible effect by combus height between the eaves and ridge for gable,hip
and gambrel roofs. Excess fill placed at or around
tion, explosion, deflagration or detonation, as
defined by F.S. §791.01(4)(a),as maybe amended. any portion of the building shall not be used as a
"Fireworks" does not mean sparklers or novel- means to circumvent any maximum height
ties,trick noisemakers,toy pistols or other devices requirement. Excess fill shall mean any fill
in which paper caps containing twenty-five above the first/ground floor elevation. Measure-
hundredths grains or less of explosive compound ment must be in compliance with the 100 year
or mixture are used, as defined by F.S. flood level, as determined by the Federal
§§ 791.01(4)(b) and (c). Emergency Management Agency.
Home occupation means any occupation
Fireworks sales facilities means any place or conducted entirely within a dwelling unit and
premises used for the sale or other distribution, carried on by an occupant thereof,which occupa-
whether permanent or seasonal, of fireworks. tion is clearly incidental and secondary to the
The sale of fireworks shall only be permitted use of the dwelling for dwelling purposes and
within the light industrial (M-1) zoning district. does not change the residential character thereof.
Floor area means the sum of the gross Hospital means a building or group of build-
horizontal areas of the several floors of a build- ings, having room facilities for one or more
ing, measured from the exterior faces of exterior overnight patients, used for providing services
walls or from the centerline of walls separating for the inpatient medical or surgical care of sick
two attached buildings. The required minimum or injured humans,and which may include related
floor area within each district shall not apply to facilities,such as laboratories,outpatient depart-
accessory uses. ments training facilities, central service facili-
ties and staff offices; provided, however, that
Garage, storage means a building or portion of such related facility must be incidental and
a building thereof designed or used exclusively subordinate to the main use and must be an
for the storage or parking of automobiles. Service integral part of the hospital operations.
other than storage at such storage garage shall
be limited to lubrication, washing, waxing and Hotel means a building or combination of
polishing. When used for such a purpose, such buildings in which lodging is provided and offered
property may not be used in combination with to the public for compensation and duly licensed
any other use, with the exception of mini- pursuant to F.S. ch. 509,under single ownership
storage. and operation. It shall provide an inside office
that shall be supervised by a person in charge at
Guesthouse means living quarters within a all times. There shall be a minimum of six
detached accessory building located on the same guestrooms per building and a minimum of 150
lot with the main building for use by temporary guestrooms per hotel. As used in this definition,
guests of the occupants of the premises, such the term "guestrooms" means those rooms
quarters having no kitchen facilities or separate intended or designed to be used or which are
utility meters and not rented or otherwise used used,rented or hired out to be occupied or which
as a separate dwelling. are occupied for sleeping purposes by guests.
Supp. No. 25 CD110:14
ZONING § 110-1
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Landscape buffer means that portion of the Lot, corner, means a lot located at the intersec-
building setback area which is located along tion of two or more streets. A lot abutting on a
property lines adjacent to streets or abutting lots curved street shall be considered a corner lot if
and which in its entirety contains landscaping. straight lines drawn from the foremost points of
the side lot lines to the foremost point of the lot
Landscaping means the arrangement of vegeta- meet at an interior angle of less than 135
tion such as trees, bushes and grass, together degrees.
with other suitable materials in complementary
fashion, over a tract of land for aesthetic effect. Lot coverage means the area of a lot that is
covered by an enclosed structure. This is normally
Liquefied petroleum gas (LPG) means any the principal and accessory structures and any
material having a vapor pressure not exceeding other structure that blocks sunlight and the
that allowed for commercial propane that is breezeway.
composed predominantly of the following
hydrocarbons,either by themselves or as mixtures: Lot dimensions means as follows:
propane, propylene, butane (normal butane or (1) Depth of a lot shall be considered to be
isobutane), and butylenes. the distance between the midpoints of
Living area means the minimum floor area of straight lines connecting the foremost
a dwelling as measured by its outside dimen- points of the side lot lines in front and
sions, exclusive of carports, porches, sheds and the rearmost points of the side lot lines
attached garages. in the rear.
Loading space, offstreet, means space logically(Irre' (2) Width of a lot shall be considered to be
and conveniently located for bulk pickups and the distance between straight lines con
deliveries, scaled to delivery vehicles expected to netting front and rear of the required
be used, and accessible to such vehicles when front setback; provided, however, that
required offstreet parking spaces are filled. width between side lot lines at their
Required offstreet loading space is not to be foremost points, where they intersect
included as offstreet parking space in computa with the street lines, shall not be less
tion of required offstreet parking space. than 80 percent of the required lot width,
except for lots on the turning circle of
Lot means a parcel of land of at least sufficient culs-de-sac,where the 80-percent require-
size to meet minimum zoning requirements for ment shall not apply; provided, however,
use, coverage and area and to provide such that all lots shall have a minimum of 25
setbacks and other open spaces as are required feet facing a street.
in this chapter. In no case of division or combina-
tion of parcels shall any residual lot or parcel be Lot frontage means the narrowest portion of
created which does not meet the requirements of the lot fronting on a dedicated, accepted or
this chapter, except townhouses. Such lot may maintained street right-of-way.
consist of: Lot, interior, means a lot with only one front-
(1) A lot of record; or age on a street.
(2) A portion of a lot of record; or combina- Lot line means the boundary line of a lot.
tion of portions of lots of record;
Lot of record means a lot whose existence,
(3) A combination of complete lots of record location and dimension have been legally recorded
or complete lots of record and portions of or registered in a deed or on a plat.
lots of record; and/or
Lot, reversed frontage, means a lot on which
(4) A parcel of land described by metes and the frontage is at right angles or approximately
bounds. right angles(interior angle less than 135 degrees)
Supp. No. 25 CD110:15
§ 110-1 CAPE CANAVERAL CODE
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to the general pattern in the area. A reversed whether such persons are medical doctors,
frontage lot may also be a corner lot, an interior chiropractors, osteopaths, chiropodists,
lot or a through lot. naturopaths,optometrists,dentists or any similar
profession, the practice of which is licensed in
Lot, through, means a lot other than a corner the state. The term does not include a place for
lot with frontage on more than one street. A the treatment of animals and does not include
through lot abutting two streets may be referred pain management clinics.
to as a double frontage lot.
Medical marijuana treatment center means an
Major recreational equipment means boats entity that acquires, cultivates, possesses,
and boat trailers, travel trailers, trailers for processes (including development of related
transporting motorized vehicles,pickup campers products such as food,tinctures, aerosols, oils,or
or coaches designed to be mounted on automo- ointments),transfers,transports,sells,distributes,
tive vehicles, motorized dwellings, tent trailers dispenses, or administers marijuana, products
and the like, including the coverings. containing marijuana, related supplies, or
Manufactured housing or building means a educational materials to qualifying patients or
closed structure, building assembly or system of their personal caregivers and is registered by the
subassemblies, which may include structural, state department of health.
electrical,plumbing,heating,ventilating or other Mini-storage means the renting of storage
service systems manufactured in manufacturing space which is utilized for the incidental storage
facilities for installation or erection, with or of personal effects, which space shall not exceed
without other specified components,as a finished 280 square feet of net floor area. When used for
building or as part of a finished building, which such a purpose,such property may not be used in
shall include but not be limited to residential, combination with any other use, with the excep-
commercial,institutional,storage and industrial tion of storage garage.
structures. This does not apply to mobile homes.
Manufactured building may also mean, at the Mobile home means a structure as defined in
option of the manufacturer, any building of open F.S. § 553.36(12).
construction made or assembled in manufactur-
ing facilities away from the building site, for Mobile home park means a single parcel of
installation or assembly and installation on the ground on which there are sites to be leased or
building site. rented to tenants for the purpose of parking
mobile homes.
Marina means a place for docking boats or
providing services to boats and occupants thereof, Motel means a building or combination of
including servicing and repairing boats, sale of buildings in which lodging is provided and offered
fuel and supplies and provision of food, Bever to the public for compensation and duly licensed
pursuant to F.S. ch. 509,under single ownership
ages and entertainment as accessory uses. A
yacht club shall be considered as a marina,but a and operation. As such it is open to the public
hotel, motel or similar use, where docking of the same as a hotel,except that the buildings are
boats and provision of services thereto is incidental usually designed to serve tourists traveling by
to other activities, shall not be considered as a automobile,ingress to rooms need not be through
marina nor shall boat docks accessory to a a lobby or office and parking usually is adjacent
multiple-family dwelling where no boat-related to the dwelling unit. There shall be a minimum
services are rendered. of six guestrooms per building and a minimum of
150 guestrooms per motel. As used in this
Medical or dental clinic means a building definition, the term "guestroom" means those
where patients, who are not lodged overnight, rooms intended or designed to be used or which
are admitted for examination and treatment by are used rented or hired out to be occupied or
one person or group of persons practicing any which are occupied, for sleeping purposes by
form of the healing arts services to individuals, guests.
Supp. No. 25 CD110:16
ZONING § 110-1
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Motor travel home means a self-propelled Outside storage shall mean the commercial
vehicle containing living facilities and customar- storage of licensed recreational vehicles,trailers,
ily used for camping or recreational uses. and trailerable items,goods,wares,merchandise,
commodities, or any other item outside of a
Net residential acre means the horizontal completely enclosed building for a continuous
acreage of a lot devoted exclusively to residential period of longer than 24 hours.
uses and their appurtenant accessory uses. Such
area shall include the building site, recreation Pain management clinic means a publicly or
areas, open space, swimming pools, parking, privately owned facility that advertises in any
drives,setback areas and the like. Net residential medium for any type of pain management services;
acreage does not include areas used for or where in any month,a majority of patients are
nonresidential purposes, streets, waterways, prescribed opioids,benzodiazepines,barbiturates,
offices,golf courses or any other use not developed or carisoprodol for the treatment of chronic
for the exclusive use of the property's residents. nonmalignant pain. Registration with the Florida
Nonconformity means any lot,use of land,use Department of Health pursuant to F.S.
of structure, use of structure and premises or §§ 458.3265 or 459.0137, shall be prima facia
characteristics of any use which was lawful at evidence of operating as a pain management
the time of enactment of the ordinance from clinic. Expressly exempted from this definition
which this section is derived but which does not are hospitals, nursing homes, ambulatory surgi
conform with the district in which it is located. cal care centers, hospice or intermediate care
facilities for the disabled, or clinics which are
Nonhazardous material means any material affiliated with an accredited medical school at
which does not increase or cause an increase of which training is provided for medical students,
the hazard of menace of fire to a greater degree residents or fellows.
than that customarily recognized as normal by
persons in the public service regularly engaged Parking space,offstreet, consists of a minimum
in preventing, suppressing or extinguishing fire. paved area of 200 square feet for parking an
automobile, exclusive of access drives or aisles
Occupied means the use of a structure or land thereto.
for any purpose, including occupancy for
residential,business, industrial, manufacturing, Patio. See the definition of"terrace."
storage and public use.
Paving may consist of the following materials:
Oceanfront lot means a lot that is contiguous
with the ocean beach and which is considered as macadam, asphalt, concrete, pervious concrete,
permeable paving, bricks, tile, pavestone, tile-
fronting on a public street and includes those stone,flags,flagstone,flagging,cobblestone,curb,
lots adjacent to a dedicated street. All lots kerb, curbstone, kerbstone, edgestone and curb-
contiguous with the ocean beach shall be
ing. All paving material shall have a finished
considered interior lots. surface and must be contained by a permanent
Open shed means any structure that has no border and properly maintained.
enclosing walls.
Playground means an area of land set aside
Open space area means that area of the lot for outdoor recreation used by children for play
which is to be left open for free circulation of air and often equipped for specific activities.
and which provides an area for recreational and Playground may also be that part of a park or
leisure pursuits. Not to be included as part of outdoor recreation facility set aside for such use
open space area are building setbacks, areas by children. A playground may be public or
occupied by all building structures,parking areas, private;however,any recreational area established
roads and drives. Recreational areas may be for prekindergarten children only or for adults or
included. Swimming pools may be included in college students primarily shall not be considered
the calculation of minimum open space. a playground.
Supp. No. 25 CD110:17
§ 110-1 CAPE CANAVERAL CODE
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Principal use of structure means a building in sold and consumed on the premises(such percent-
which is conducted the principal use of the lot on age shall be determined by calculating the aver-
which it is situated. In a residential district any age monthly gross revenue from the sale of food
dwelling shall be deemed to be the principal and nonalcoholic beverages for the immediately
building on the lot on which the dwelling is previous 12-month period).
situated. An attached carport, shed, garage or
any other structure with one or more walls or a Right-of-way means land reserved, used or to
part of one wall being a part of the principal be used for a street, alley, walkway, drainage
building and structurally dependent, totally or facility or other public purpose.
in part, on the principal building shall comprise Satellite dish means any device incorporating
a part of the principal building. A detached and a reflective surface that is solid, open mesh, or
structurally independent carport,garage or other bar configured that is shallow dish, cone, horn,
structure shall conform to the requirements of or cornucopia shaped and is used to transmit
any accessory building. A detached and structur- and/or receive electromagnetic signals. This defini-
ally independent garage,carport or other structure tion is meant to include, but is not limited to,
conforming as an accessory building may be what are commonly referred to as satellite earth
attached to the principal buildings by an open stations, TVROs, and satellite microwave anten-
breezeway not to exceed six feet in width. A nas.
connecting roof breezeway in excess of six feet
and enclosed on one or both sides, including Schoolgrounds means all the land included in
louvers, lattice or screening, shall cause the the lot or parcel upon which a school building is
entire structure to be construed as the principal regularly used, except during vacation periods,
building and shall be subject to the sections by elementary and secondary school students.
applicable to the principal building. The school and land may be public or private.
J
Public use means any use of land or a structure Setback means a required open space on the
owned and operated by a municipality, county or same lot with a principal building, which space
the state or federal government or any agency is unoccupied and unobstructed by buildings
thereof and for a public service or purpose. from the ground upward except as specified in
sections 110-468, 110-492, 110-538 and 110-567.
Recreational vehicle means a unit designed as All required setback areas shall be properly
temporary living quarters for recreational,camp- maintained and open space areas within the
ing or travel use,which either has its own motive setback areas (except parking and other legal
power or is mounted on or drawn by another encroachments)shall be landscaped with greenery
vehicle. The term includes travel trailer, camp- (sod).
ing trailer,truck camper,motor home and wheeled Shed means any structure built for the sup-
recreational trailer. port, shelter or enclosure of persons, animals,
Redevelopment means the process of demoli-
tion of existing improvements and the construe- enclosing walls for less than 50 percent of its
tion of new improvements on a site. perimeter.
Residential district means that area set aside Shopping center means three or more units for
primarily for use as low and medium density purposes of mercantilism.
residential housing. Sign means the same as defined in chapter 23
of the building code adopted in section 82-31.
Restaurant means any building or structure
or portion thereof in which food is prepared and Special exception means a use that would not
served for pay to any person not residing on the be appropriate generally or without restriction
premises and which,at all times,derives not less throughout the zoning division or district but
than 51 percent of its gross income from the sale which, if controlled as to number, area, location
of nonalcoholic beverages and food prepared, or relation to the neighborhood, would promote
Supp. No. 25 CD110:18
ZONING § 110-1
L
the public health, safety, welfare, morals, order, Total floor area or gross floor area means the
comfort, convenience, appearance, prosperity or area of all floors of a building, including finished
general welfare. Such uses as may be permitted attics, finished basements and all covered areas,
by the board of adjustment are identified for including porches, sheds, carports and garages.
each zoning district as special exceptions. Townhouse means a single-family dwelling
Story means that portion of a building included unit constructed in a series or group of attached
between the floor surface and the upper surface units with property lines separating such units.
of the floor next above or any portion of a Trailer means a portable structure having no
building used for human occupancy between the foundation other than wheels, jacks or blocks
topmost floor and roof. A basement or cellar not that will not be a hazard to adjacent buildings
used for human occupancy shall not be counted and that is also fully enclosed, operable and
as a story. licensed.
Street means a public or private right-of-way Trailer park means an area duly licensed by
set aside for public travel. the city and approved by the state board of
health,which is designed,constructed,equipped,
Street centerline means the midpoint of the operated and maintained for the purpose of
street right-of-way. providing space for and otherwise servicing mobile
homes and trailers.
Street, private, means a private way set aside
for vehicular traffic that exceeds 200 feet in Travel trailer. See the definition of"recreational
developed length or serves four or more vehicle."
residential, commercial or any combination ofcre Utility access easement means an easement
residential and commercial units. Private streets less than 20 feet wide, dedicated and used for
shall be installed in accordance with section utilities and utilityvehicles. The term does not
98-92.
qualify as an alley pursuant to chapter 98 pertain-
Street right-of-way means the property line ing to subdivisions.
which bounds the right-of-way set aside for use Vacant means a building or parcel of land that
as a street. is neither occupied nor used.
Structure means that which is built or Variance means a relaxation of the terms of
constructed. this chapter when such variance will not be
contrary to the public interest and when, owing
Swimming pool means any portable pool or to conditions peculiar to the property and not the
permanent structure containing a body of water result of the actions of the applicant, a literal
18 inches or more in depth or 250 square feet of enforcement of this chapter would result in
surface area or more of water service area, unnecessary and undue hardship. As used in
including an ornamental reflecting pool or fish this chapter, a variance is authorized only for
pond or other type of pool, regardless of size, height,area,size of structure or size of yards and
unless it is located and designed so as not to open spaces;establishment or expansion of a use
create a hazard or not be used for swimming or otherwise prohibited shall not be allowed by
wading. variance nor shall a variance be granted because
of the presence of nonconformities in the zoning
Tent means a collapsible shelter of canvas or district or used in an adjoining zoning district.
other fabric-type material.
Veterinary clinic means an establishment that
Terrace means an open space adjacent to the has the necessary facilities for the examination
principal building on one or two sides, prepared and treatment of animals but does not accom-
with a hard, semihard or improved surface, for modate animals for more than 24 hours, thereby
the purpose of outdoor living. not providing boarding services.
Supp. No. 25 CD110:18.1
§ 110-1 CAPE CANAVERAL CODE
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Veterinary hospital means an establishment (b) The board of adjustment shall have the
that has the necessary facilities for the examina- powers and duties to consider applications for
tion and treatment of animals which includes special exceptions, variances, and administra-
boarding services that may accommodate animals tive appeals under this chapter.
for more than 24 hours. (c) The board of adjustment shall not incur
any debts or enter into any contracts or obliga-
Wall means a structure forming a physical tions which would be enforceable against the
barrier, which is constructed of concrete or city, unless prior approval has been obtained
masonry composite. from the city council.
(Ord. No. 11-2005,§2,6-21-05;Ord. No. 07-2007,
Wall, concrete boundary, means a structure § 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11)
constructed using concrete, either poured or in
block form, along the property boundary or Sec. 110-3. Planning and zoning board.
within the setback and used as a dividing line
between parcels of property in a residential zone, (a) The planning and zoning board is
specifically excluding townhouse interior party established and shall consist of seven members.
walls. (b) The planning and zoning board shall oper-
ate exclusively in an advisory capacity, and no
Yard means all open space on the same lot as ruling, decision or recommendation of the board
the principal building,which space is unoccupied shall be binding.
and unobstructed by buildings from the ground (c) The board shall perform such duties as are
upward, except as otherwise provided. The term conferred on it by this Code and the city council
generally applies to the area from each lot line to and shall, from time to time, make studies on
the principal building and its attached porches, planning and zoning matters affecting the health,
sheds, carports, garages and storage areas. welfare, safety and morals of the people of the
(Code 1981, §632.01;Ord. No. 7-96, § 1,6-18-96; city.
Ord. No. 9-97, § 1, 9-2-97; Ord. No. 19-98,
§§ 1-3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98; (d) No problem or situation relating to zoning
Ord. No. 1-00, § 1, 2-1-00;Ord. No. 5-00, §§ 1, 2, shall be submitted to the city council prior to
4-18-00;Ord. No. 03-2003, §2, 8-19-03;Ord. No. being submitted to and acted upon by the plan-
02-2004, § 2, 3-02-04; Ord. No. 01-2007, § 2, ning and zoning board. Such problems or situa-
2-20-07;Ord. No. 04-2007, § 2, 6-19-07;Ord. No. tions relating to zoning shall include but not be
04-2008, § 3, 5-6-08; Ord. No. 13-2009, § 2, limited to the following:
12-15-09; Ord. No. 05-2010, § 2, 4-20-10; Ord. (1) Changes in zone classification.
No. 17-2010,§2, 11-16-10;Ord. No. 04-2011,§2,
6-21-11; Ord. No. 06 2011, § 2, 10-18-11; Ord. (2) Changes in zoning district boundaries
No. 02-2012, § 2, 3-20-12; Ord. No. 06-2012, § 2,
and zoning maps.
4-17-12;Ord. No. 03-2013, § 2, 3-19-13;Ord. No. (3) Review and revision of zoning sections.
04-2013, § 2, 3-19-13; Ord. No. 05-2013, § 2, (4) Recommendation concerning a master
3-19-13;Ord. No. 06-2013, § 2, 6-18-13;Ord. No. plan and periodic review thereof.
09-2014, § 2, 9-16-14; Ord. No. 02-2016, § 2,
7-19-16) (e) The planning and zoning board shall make
Cross reference-Definitions and rules of construction recommendations concerning rezonings, special
generally,§ 1-2. exceptions and site plans in accordance with this
chapter.
Sec. 110-2. Board of adjustment. (f) The board secretary shall,after each meet-
ing of the planning and zoning board, transmit a
(a) A board of adjustment is established and copy of the board's minutes to each member of
shall consist of seven members. the city council, the city clerk and the city
Supp. No. 25 CD110:18.2
ZONING § 110-27
L
attorney. Such minutes shall include the board's (b) The respective board rendering final deci-
recommendations on any matter coming before sions may impose reasonable conditions and
it, including a short statement setting forth the safeguards on any approved rezoning, variance,
facts upon which the board's recommendations special exception or administrative appeal to the
were based,as well as the board's reasons for the extent deemed necessary and relevant to ensure
recommendation. compliance with applicable criteria and other
(g) The planning and zoning board shall not applicable provisions of the city code and
comprehensive plan. Such conditions and
incur any debts or enter into any contracts or safeguards, when made part of the terms under
obligations which would be enforceable against which the rezoning, variance, special exception,
the city, unless prior approval has been obtained or administrative appeal is granted, have the
from the city council. same force and effect as any other provision of
(Ord. No. 11-2005,§2,6-21-05;Ord. No. 13-2011, this Code, and violation of same shall be deemed
§ 6, 12-20-11)
to be a violation of this Code and punishable by
this Code.
Secs. 110-4-110-25. Reserved.
(c) All formal decisions shall be based on
competent substantial evidence and the applicable
ARTICLE II. PROCEDURE;LAND USE criteria set forth in this article.
DECISIONS* (d) The city council may adopt, by resolution,
quasi-judicial rules and procedures to imple-
DIVISION 1. GENERALLY ment this chapter.
L
Sec. 110-26. Intent and purpose. (e) All final decisions rendered under this oof
chapter must be consistent with the city's
The intent and purpose of this article is to set comprehensive plan.
forth the procedure and requirements for apply- (f) All final permits issued under this chapter
ing for variances, special exceptions, rezonings may be temporarily suspended or absolutely
and administrative appeals, as set forth in this revoked by majority vote of the board that
article. rendered the final decision if the board later
(Ord. No. 11-2005, § 2, 6-21-05) determines at a public hearing that either:
Sec. 110-27. Authority. (1) The applicant has obtained the final
permit upon false statements, fraud,
(a) Unless otherwise provided in this chapter, deceit, misleading or perjurious state-
the city council shall render all final decisions ments, or suppression of material facts;
regarding rezonings and the board of adjustment
shall render all final decisions regarding vari-
ances, special exceptions and administrative
appeals. Final decisions of the board of adjust-
ment and city council shall be subject to appel-
late review as set forth in this division.
*Editor's note-Ord. No. 11-2005,§2,adopted June 21,
2005, amended art. II in its entirety and enacted new
provisions as set out herein. The former art. II pertained to
board of adjustment and derived from Code 1981,§§645.13,
645.15,645.17,645.19,645.21,645.23,645.27,645.29,645.31;
Ord. No. 43-93,§§2,3,adopted Dec. 7,1993;Ord. No. 49-93,
§1,adopted Jan. 4, 1994;Ord. No. 5-94,§1,adopted Feb. 1,
1994; Ord. No. 5-96, § 1, adopted June 4, 1996; Ord. No.
18-2002, §§ 2A, 2B, adopted Dec. 17, 2002; and Ord. No.
12-2003,§9,adopted July 1, 2003.
Supp. No. 25 CD110:18.3
J
ZONING § 110-277
L
overpopulation,to promote the residency of single to the principal use, including garages,
families and to enhance and maintain the carports and the like,in keeping with the
residential character and integrity of the area. residential character of the district.
(Code 1981, § 637.01; Ord. No. 04-2007, § 2, (4) Home occupations subject to section 110
6-19-07; Ord. No. 06-2012, § 2, 4-17-12) 521 et seq.
(Code 1981, § 637.05)
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 Sec. 110-274. Special exceptions permis-
low density residential district are as follows: sible by board of adjustment.
(1) Single-family dwellings. In no case shall Reserved.
there be more than one principal structure (Code 1981, § 637.07; Ord. No. 17-2010, § 2,
per lot or parcel. 11-16-10; Ord. No. 02-2016, § 2, 7-19-16)
(2) Public and semipublic parks,playgrounds,
playfields,and recreation facilities without Sec. 110-275. Prohibited uses and
lighting. structures.
(Code 1981, § 637.03; Ord. No. 04-2007, § 2, In the R-1 low density residential district, all
6-19-07; Ord. No. 02-2016, § 2, 74946) uses not specifically or provisionally permitted
in this division and any use not in keeping with
Sec. 110-273. Accessory uses and structures. the single-family residential character of the
district, including' two-family and multiple-
In the R-1 low density residential district, family dwellings, townhouses and mobile home
L, accessory uses and structures shall be permitted parks, are prohibited.
as follows: (Code 1981, § 637.09)
(1) Noncommercial piers, boathouses and
loading places intended solely for the use Sec. 110-276. Area and dimensions.
of the adjoining residences, providing
that the following conditions are met: In the R-1 low density residential district, the
following area and dimensions shall be required:
a. No dock or pier shall extend over
five feet beyond the property line, (1) Minimum lot area shall be 7,500 square
unless the abutting waterway is feet.
over 100 feet in width at such point (2) Minimum lot width shall be 75 feet.
where the pier or dock is constructed.
b. No watercraft moored to such use (3) Minimum lot depth shall be 100 feet.
shall be used as living quarters, (4) Maximum lot coverage shall be 40 percent.
except as provided by section 110-
552. (5) Minimum living area shall be 1,100 square
feet.
c. All applicable regulations and
restrictions of the U.S. Army Corps (6) Maximum height shall not exceed 25
of Engineers and other federal, feet.
county,state and local controls shall (Code 1981, § 637.11)
be adhered to.
Sec. 110-277. Minimum setbacks.
(2) Noncommercial botanical nurseries and
greenhouses. In the R-1 low density residential district, the
following minimum setbacks shall be required:
L, (3) Customary accessory uses of a residential
nature,clearly incidental and subordinate (1) Front, 25 feet.
Supp. No. 25 CD110:43
§ 110-277 CAPE CANAVERAL CODE
J
(2) Side (interior lot line), eight feet or ten net residential acre. The principal uses and
percent of lot,whichever is greater,up to structures permitted in the R-2 medium density
20 feet. residential district shall be:
(3) Side (corner lot line), 25 feet. (1) Single-family dwellings;
(4) Rear, 25 feet; 20 feet when abutting an (2) Two-family dwellings;
alley. (3) Multifamily dwellings; or
(5) Public or private street, 25 feet. (4) Public schools.
(Code 1981, § 637.11)
(5) Public and nonprofit private schools with
Sec. 110-278. Offstreet parking and access. conventional curriculums; public librar
ies.
In the R-1 low density residential district, (6) Churches and other places of worship;
offstreet parking area and access to a public or parish houses.
private street shall be provided in accordance
with section 110-491 et seq. (7) Public safety structures and equipment,
(Code 1981, § 637.13) such as fire substations, civil defense
facilities and the like.
Secs. 110-279-110-290. Reserved. (8) Public and semipublic parks,playgrounds,
playfields and recreation facilities.
DIVISION 3. R-2 MEDIUM DENSITY (9) Child care facilities licensed and oper-
RESIDENTIAL DISTRICT* ated consistent with Florida law, subject
to the following conditions:
Sec. 110-291. Intent. a. The child care facility must be located
in a multifamily complex and any
The requirements for the R-2 medium density such complex shall not be an age-
residential district are intended to apply to an restricted community;
area of medium density residential development
with a variety of housing types. Lot sizes and b. There shall be an adequate dropoff
other restrictions are intended to promote and and pickup area onsite located
protect medium density residential development outside of the public right-of-way;
maintaining an adequate amount of open space c. One parking space per employee
for such development. Further, the provisions plus one parking space for every
herein are intended to promote areas free from eight children shall be required,
congestion and overpopulation, to promote the with a minimum of five total spaces;
residency of families and to enhance and maintain
the residential character and integrity of the d. Adequate visual screening and noise
area. buffers from adjacent areas shall be
(Code 1981, § 637.15; Ord. No. 04-2007, § 2, provided.
6-19-07; Ord. No. 06-2012, § 2, 4-17-12) e. Each application under this subsec-
tion shall be accompanied by a site
Sec. 110-292. Principal uses and structures. plan drawn to scale depicting the
child care building, drop off and
In the R-2 medium density residential district, pickup area, parking, play area and
there shall be no more than 15 dwelling units per adjacent buildings.
*Cross reference—Sign restrictions in the R-2 medium f. Adequate lighting in the pickup and
density residential district,§94-97. drop off area shall be provided.
Supp. No. 25 CD110:44
ZONING § 110-296
L
For purposes of this subsection, the term "child Sec. 110-294. Special exceptions permis-
care facility" shall not include a "family day care sible by board of adjustment.
home" as defined by Florida law.
(Code 1981, § 637.17; Ord. No. 17-96, § 1, Reserved.
10-1-96;Ord. No. 04-2007, §2, 6-19-07;Ord. No. (Code 1981, § 637.21; Ord. No. 05-2010, § 2,
02 2016, § 2, 7-19-16) 4-20-10; Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-293. Accessory uses and structures. Sec. 110-295. Prohibited uses and
structures.
In the R-2 medium density residential district,
accessory uses and structures shall be permitted In the R-2 medium density residential district,
as follows: all uses and structures not specifically or
provisionally permitted in this division are
(1) Noncommercial piers, boathouses and prohibited.
loading places intended solely for the use (Code 1981, § 637.23)
of the adjoining residences, provided the
following conditions are met: Sec. 110-296. Area and dimension.
a. No dock or pier shall extend over In the R-2 medium density residential district,
five feet beyond the property line,
unless the abutting waterway is the following area and dimensions shall be
over 100 feet in width at such point required:
where the pier or dock is constructed. (1) Minimum lot area shall be as follows:
b. No watercraft moored to such use a. One- and two-family, 7,500 square
shall be used as living quarters, feet.
except as provided by section 110-
552. b. Multiple-family, 10,000 square feet.
c. All applicable regulations and (2) Minimum lot width shall be 75 feet.
restrictions of the U.S. Army Corps (3) Minimum lot depth shall be 100 feet.
of Engineers and other federal,
county,state and local controls shall (4) Maximum lot coverage shall be 35 percent.
be adhered to. (5) Minimum living or floor area shall be as
(2) Noncommercial botanical nurseries and follows:
greenhouses. a. One-family, 1,100 square feet per
(3) Customary accessory uses of a residential dwelling unit.
nature,clearly incidental and subordinate b. Two-family, 750 square feet per
to the principal use, including garages, dwelling unit.
carports and the like,in keeping with the c. Multiple family, as follows:
residential character of the district.
1. Efficiency, 450 square feet per
(4) Home occupations,subject to section 110- dwelling unit.
521. 2. One bedroom, 650 square feet
(5) Parking lots and facilities in conjunction per dwelling unit.
with one or more principal uses. 3. Two bedrooms, additional
(Code 1981, § 637.19) bedrooms, 750 square feet per
dwelling unit (plus 200 square
feet for each additional
bedroom).
(6) Maximum height shall not exceed 25
Lisrol feet.
Supp. No. 25 CD110:45
§ 110-296 CAPE CANAVERAL CODE
J
(7) Maximum length or width of a structure residency of families and to enhance and maintain
shall not exceed 185 feet. the residential character and integrity of the
(Code 1981, § 637.25) area.
(Code 1981, § 637.29; Ord. No. 04-2007, § 2,
Sec. 110-297. Minimum setbacks. 6-19-07; Ord. No. 06-2012, § 2, 4-17-12)
(a) In the R-2 medium density residential Sec. 110-312. Principal uses and structures.
district, the following minimum setbacks shall
be required. In the R-3 medium density residential district,
(1) Front, 25 feet. (See subsection (b) of this there shall be no more than 15 dwelling units per
section.) net residential acre. The principal uses and
structures permitted in the R-3 medium density
(2) Side (interior lot line), eight feet or ten residential district shall be:
percent of width of lot, whichever is (1) Single-family dwellings;
greater, up to 15 feet.
(3) Side (corner lot line), 25 feet; on all (2) Two-family dwellings;
nonconforming lots of record, 15 feet. (3) Multifamily dwellings; or
(4) Rear, 15 feet. (4) Public schools.
(5) Public or private street, 25 feet. (5) Public and nonprofit private schools with
conventional curriculums; public librar-
(b) See section 110-536 for special setbacks. ies.
(Code 1981, § 637.25)
(6) Churches and other places of worship;
Sec. 110-298. Offstreet parking and access. parish houses.
In the R-2 medium densityresidential district, (7) Public safety structures and equipment,
such as fire substations, civil defense
offstreet parking and access to a public or private facilities and the like.
street shall be provided in accordance with sec-
tion 110-491 et seq. (8) Public and semipublic parks,playgrounds,
(Code 1981, § 637.27) playfields and recreation facilities.
(9) Assisted living facilities, subject to the
Secs. 110-299-110-310. Reserved. requirements of section 110-488.
Notwithstanding the foregoing,there shall be no
DIVISION 4. R-3 MEDIUM DENSITY more than 15 dwelling units per net residential
RESIDENTIAL DISTRICT* acre.
(Code 1981, § 637.31; Ord. No. 17-96, § 2,
Sec. 110-311. Intent. 10-1-96;Ord. No. 04-2007, § 2, 6-19-07;Ord. No.
The requirements for the R-3 medium density
02-2016, § 2, 7-19-16)
residential district are intended to apply to an Sec. 110-313. Accessory uses and structures.
area of medium density residential development
with a variety of housing types. Lot sizes and In the R-3 medium density residential district,
other restrictions are intended to promote and the following accessory uses and structures shall
protect medium density residential development be permitted:
maintaining an adequate amount of open space (1) Noncommercial piers, boathouses and
for such development. Further, the provisions loading places intended solely for the use
herein are intended to promote areas free from of the adjoining residences, provided the
congestion and overpopulation, to promote the following conditions are met:
*Cross reference Sign restrictions in the R-3 medium a. No dock or pier shall extend over
density residential district,§94-98. five feet beyond the property line,
Supp. No. 25 CD110:46
ZONING § 110-317
L
unless the abutting waterway is b. Multiple-family, 10,000 square feet.
over 100 feet in width at such point
where the pier or dock is constructed. (2) Minimum lot width shall be 75 feet.
b. No watercraft moored to such use (3) Minimum lot depth shall be 100 feet.
shall be used as living quarters, (4) Maximum lot coverage shall be 35 percent.
except as provided by section 110-
552. (5) Minimum living or floor area shall be as
follows:
c. All applicable regulations and
restrictions of the U.S. Army Corps a. One-family, 1,100 square feet per
of Engineers and other federal, dwelling unit.
county,state and local controls shall b. Two-family, 750 square feet per
be adhered to. dwelling unit.
(2) Noncommercial botanical nurseries and c. Multiple family, as follows:
greenhouses. 1. Efficiency, 450 square feet per
(3) Customary accessory uses of a residential dwelling unit.
nature,clearly incidental and subordinate 2. One bedroom, 650 square feet
to the principal use, including garages, per dwelling unit.
carports and the like,in keeping with the
residential character of the district. 3. Two bedrooms, additional
bedrooms, 750 square feet per
(4) Home occupations subject to section 110- dwelling unit plus 200 square
521. feet for each additional
(1100., (5) Parking lots and facilities in conjunction bedroom.
with one or more principal uses. 6 Maximum height shall not exceed 45
O g
(Code 1981, § 637.33) feet.
Sec. 110-314. Special exceptions permis- (7) Maximum length or width of a structure
sible by board of adjustment. shall not exceed 185 feet.
(Code 1981, § 637.39)
Reserved.
(Code 1981, § 637.35; Ord. No. 17-2010, § 2, Sec. 110-317. Minimum setbacks.
11-16-10; Ord. No. 02-2016, § 2, 7-19-16)
(a) In the R-3 medium density residential
Sec. 110-315. Prohibited uses and district,the minimum setbacks required shall be
structures. as follows:
In the R-3 medium density residential district, (1) Front, 25 feet. (See subsection (b) of this
all uses and structures not specifically or section.)
provisionally permitted in this division are (2) Side (interior lot line), eight feet or ten
prohibited. percent of width of lot, whichever is
(Code 1981, § 637.37) greater,up to 15 feet. (See subsection(b)
of this section.)
Sec. 110-316. Area and dimensions.
(3) Side (corner lot line), 25 feet; on all
In the R-3 medium density residential district, nonconforming lots of record, 15 feet.
area and dimensions shall be as follows:
(4) Rear, 15 feet.
(1) Minimum lot area shall be as follows:
a. One and two family, 7,500 square (5) Public or private street, 25 feet.
cire' feet. (b) See section 110-536 for special setbacks.
Supp. No. 25 CD110:46.1
§ 110-317 CAPE CANAVERAL CODE
(c) Side setbacks for all lots contiguous with of the property shall be open to the breeze in an
the ocean beach shall be ten feet or ten percent of east/west direction. This shall include required
the width of the lot, whichever is greater, up to setbacks.
15 feet. (Code 1981, § 637.43)
(Code 1981, § 637.39) Sec. 110-320. Dune crossovers required.
In the R-3 medium density residential district,
Sec. 110-318. Offstreet parking and access. site plans with four or more units on parcels on
the Atlantic Ocean shall provide dune crossovers
In the R-3 medium density residential district, conforming to specifications of the state depart-
offstreet parking and access to a public or private ment of environmental protection. All such
street shall be provided in accordance with sec crossovers shall be maintained in a safe condi-
tion 110-491 et seq. tion by the owners of the property. All crossovers
(Code 1981, § 637.41) will be allowed to be built within the setback
area, provided a state department of
environmental protection permit is obtained,
Sec. 110-319. Minimum breeze requirement. and there will be no requirement for a variance
to allow these structures to be built in the
In the R-3 medium density residential district, setback area.
at least 25 percent of the north/south dimension (Code 1981, § 637.44)
Sec. 110-321. Protection of public beach-end parking.
In the R-3 (medium-density residential) zoning district there exists beach-end public parking as
described in the following schedule:
Location
Public Beach Access #of Public Spaces (side of street)
1 Harbor Heights 12, plus 1 handicapped East side
2 Canaveral Sands 0 N/A
3 Washington 10 North side
4 Adams 8 North side
5 Jefferson 8 North side
6 Madison 14 North side
7 Monroe 15 North side
8 Jackson 16, plus 1 handicapped North side
9 Harrison 14 North side
10 Tyler 14 North side
11 Polk 7, plus 1 handicapped North side
12 Taylor 14 North side
13 Fillmore 13 North side
14 Pierce 14 North side
Supp. No. 25 CD110:46.2
ZONING § 110-332
L
Location
Public Beach Access # of Public Spaces (side of street)
15 Buchanan 12, plus 1 handicapped North side
16 Lincoln 9 North side
17 Johnson 10 North side
Access to property lying adjacent to these DIVISION 5. C-1 LOW DENSITY
public parking facilities shall be subject to the COMMERCIAL DISTRICT*
following:
Sec. 110-331. Intent; applicability.
(1) Ingress and egress to future develop- (a) The requirements for the C-1 low density
ment or redevelopment projects shall not commercial district are intended to apply to an
cause the removal or reduction of any area adjacent to major arterial streets and
existing beach-end public parking spaces, convenient to major residential areas. The types
except as provided herein. of uses permitted are intended to serve the
consumer needs of nearby residential neighbor-
(2) If, by operation of this section, ingress hoods, as well as the commercial needs of the
and egress to the property is denied, the motorist. Lot sizes and other restrictions are
property owner may apply for a variance intended to reduce conflict with adjacent
under this chapter. To be entitled to such residential uses and to minimize the interrup-
a variance, the property owner must tion of traffic along thoroughfares.
demonstrate that no reasonable alterna-
(b) The provisions of this division shall apply
tive ingress or egress is available. Reason to all property designated as C-1 low density
able alternatives include, but are not commercial on the city's official zoning map.
limited to, existing driveways, alleys, or Further, those properties zoned C-1 that are
access easements. This subsection is located within the boundaries of the AlA Economic
supplemental and in addition to any Opportunity Overlay District,established pursu-
requirements provided within section ant to article X of this chapter, shall be subject to
110-62 or any other provisions of the City the guidelines and standards of that article.
Code. (Code 1981, § 637.45; Ord. No. 01-2007, § 3,
2-20-07; Ord. No. 11-2012, § 4, 7-17-12)
(3) Where a variance is granted, the
maximum number of beach-end public Sec. 110-332. Principal uses and structures.
parking spaces to be removed shall be In the C-1 low density commercial district,the
two spaces or 20 feet. following uses and structures are permitted:
(4) For any multiple-dwelling-unit develop- (1) Retail stores, sales and display rooms.
ment or redevelopment,ingress and egress (2) Personal service establishments, such as
access shall only be provided through a beauty shops and barbershops, laundry
single shared driveway to minimize the and dry cleaning pickup stations, tailor
elimination of beach-end public parking shops and similar uses.
spaces.
(Ord. No. 37-2003, § 2, 10-21-03) (3) Professional offices, studios, medical or
dental clinics,laboratories,general offices,
business schools and similar uses.
cro.' *Cross reference—Sign regulations in the C-1 low
Secs. 110-322-110-330. Reserved. density commercial district,§94-99.
Supp. No. 25 CD110:46.3
§ 110-332 CAPE CANAVERAL CODE
(4) Hotels, motels with a minimum of 150 04-2007, § 2, 6-19-07; Ord. No. 06-2011, § 2,
rental units. In no case shall there be 10-18-11; Ord. No. 06-2012, § 2, 4-17-12; Ord.
more than 30 rental units per net acre No. 02-2016, § 2, 7-19-16)
nor shall a rental unit have a floor area
less than 300 square feet. Hotel and Sec. 110-333. Accessory uses and structures.
motel units containing provisions for cook-
ing or light housekeeping shall have a In the C-1 low density commercial district,
minimum floor area not less than 400 customary accessory uses of one or more of the
square feet. Motels and hotels may not principal uses clearly incidental and subordinate
be converted to other types of dwellings to the principal use, in keeping with the low
at more than the density required in this density commercial character of the district, are
chapter for such dwellings. permitted.
(5) Restaurants. (Code 1981, § 637.49)
(6) Public and semipublic parks,playgrounds,
clubs and lodges, cultural facilities, Sec. 110-334. Special exceptions permis-
hospitals,medical or dental clinics,funeral sible by board of adjustment.
homes, government offices, schools,
churches and similar uses. (a) Special exceptions may be permitted for
the following:
(7) Banks and financial institutions.
(8) Commercial recreation, such as driving (1) Automotive service stations that were
ranges, bowling alleys and similar uses. lawfully approved and permitted by the
city pursuant to a special exception prior
(9) Plant nurseries and greenhouses,provided to the effective date of Ord. No. 11-2015
that all outside display merchandise shall [November 17, 2015] shall be consideredJ
be contained in the required setbacks. a lawful, conforming use subject to all
(10) Repair service establishments, such as applicable conditions and requirements
household appliances, radio and TV and imposed by the city when said use was
similar uses. previously permitted. In addition, such
automotive service stations may be modi-
(11) Kindergartens and child care facilities. fled to allow no more than ten fueling
(12) Veterinary clinics. stations(where one vehicle can be accom-
modated for refueling) within any one
(13) Retail sale of beer and wine for off- filling station property or location,
premises consumption. whether said filling station is located on
(14) Public schools. one lot or comprises more than one lot.
An
(15) Assisted living facilities, subject to the automotive service station may be
modified to allow up to 16 fueling sta-
requirements of section 110-488. tions on a single lot of at least one acre
(16) Places in which goods are produced and with at least 275 feet of single street
sold at retail upon the premises. frontage.
(17) Vocational and trade schools not involv- Any request for a modification to such
ing operations of an industrial nature. special exception is subject to Chapter
(18) Car washes, including polishing and sale 110,Article II, Division 4, City Code, and
of related materials. all other applicable provisions of the City
Code.
(19) Automotive maintenance facilities, but
not automotive repair facilities. (2) Pain management clinics, subject to the
(Code 1981, § 637.47; Ord. No. 17-96, § 3, requirements of section 110-489 of this
10-1-96;Ord. No. 04-2006, §2, 6-20-06;Ord. No. Code.
Supp. No. 25 CD110:46.4
ZONING § 110-338
L
(3) Medical marijuana treatment centers, (5) Minimum living or floor area shall be as
subject to the requirements of section follows:
110-489 of this Code.
a. Hotels and motels, 300 square feet
(4) Commercial establishments which sell, per rental unit.
dispense, serve or store alcoholic bever-
ages or which permit the consumption of b. Hotel and motel units containing
alcoholic beverages on their premises provisions for cooking or light
subject to section 110-171. housekeeping, not less than 400
(Code 1981, § 637.51; Ord. No. 02-2003, § 2, square feet.
3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord. No.
17-2010, § 2, 11-16-10; Ord. No. 06-2011, § 2, c. All other principal uses and
10-18-11; Ord. No. 05-2013, § 2, 3-19-13; Ord. structures, 300 square feet.
No. 09-2014, § 2, 9-16-14; Ord. No. 11-2015, § 2, (6) The maximum height of all buildings
11-17-15; Ord. No. 02 2016, § 2, 7-19-16) constructed within the C-1 district shall
Sec. 110-335. Prohibited uses and be 45 feet.
structures. (Code 1981, §637.55;Ord. No. 18-96, § 1, 9-3-96;
Ord. No. 24-2006, § 2, 1-2-07)
In the C-1 low density commercial district,the
following uses and structures are prohibited:
Sec. 110-337. Minimum setbacks.
(1) All uses not specifically or provisionally
permitted in this division. (a) In the C-1 low density commercial district,
(amo" (2) Any use which fails to meet performance the minimum setbacks required shall be as
standards specifications as provided in follows:
section 110-466.
(1) Front, 25 feet. (See subsection (b) of this
(3) Bottle clubs. section.)
(Code 1981, § 637.53)
(2) Side (interior lot line), zero feet; 25 feet
Sec. 110-336. Area and dimensions. when abutting a residential district.
In the C-1 low density commercial district,the (3) Side (corner lot line), 25 feet.
following areas and dimensions shall be required:
(1) Minimum lot area shall be as follows: (4) Rear, ten feet; 25 feet when abutting a
residential district.
a. Service stations, 12,000 square feet.
b. All other principal uses and (5) Public or private street, 25 feet.
structures, 5,000 square feet, and,
in addition, the ratio of gross floor (b) See section 110-536 for special setbacks.
area to lot area shall not exceed (Code 1981, § 637.55)
1.5:1.0.
(2) Minimum lot width shall be as follows: Sec. 110-338. Landscaping, screening and
parking.
a. Service stations, hotels and motels,
100 feet. In the C-1 low density commercial district,
b. All other principal uses and landscaping, screening and parking shall be
structures, 50 feet. provided pursuant to article IX of this chapter
(3) Minimum lot depth shall be 100 feet. pertaining to supplementary district regula-
tions.
cirol (4) Maximum lot coverage shall be 50 percent. (Code 1981, § 637.57)
Supp. No. 25 CD110:46.5
§ 110-339 CAPE CANAVERAL CODE
J
Sec. 110-339. Offstreet parking and access. 2. Personal service establishments, such as
beauty shops and barbershops, laundry
In the C-1 low density commercial district, and dry cleaning pickup stations, tailor
offstreet parking and access to a public or private shops, daycare and similar uses.
street shall be provided in accordance with sec-
tion 110-466. 3. Dry cleaning establishments using
(Code 1981, § 637.59) nonflammable solvents and cleaning fluids
as determined by the fire chief.
DIVISION 6. C-2 4. Professional offices, studios, medical and
COMMERCIAL/MANUFACTURING dental clinics,laboratories,general offices,
DISTRICT* business schools, data processing and
similar uses.
Sec. 110-340. Intent; applicability. 5. Banks and financial institutions.
(a) The requirements for the C-2 commercial/ 6. Places in which goods are produced and
manufacturing district are intended to apply to sold at retail upon the premises.
an area adjacent to major arterial streets,located 7. Restaurants; eating establishments that
adjacent to existing commercial or manufactur- manufacture and process food to be
ing uses and convenient to major residential consumed off site, such as bakeries and
areas. This district would be associated with a delicatessens.
mix of low density commercial and light industrial.
The types of uses permitted are intended to 8. Noncommercial public parks;commercial
serve employment and consumer needs of nearby indoor playgrounds; clubs and lodges;
residential neighborhoods, as well as the coin- cultural facilities;hospitals; medical and
mercial needs of the motorist. All principal uses dental clinics; mortuaries and funeral
permitted in this zone shall be contained in an homes (excluding crematories); govern-
enclosed structure. ment offices; schools; adult and youth
centers; churches; reading rooms and
(b) The provisions of this division shall apply similar uses.
to all property designated as C-2 commercial/
manufacturing on the city's official zoning map. 9. Vocational and trade schools not involy
Further, those properties zoned C-2 that are ing operations of an industrial nature,
located within the boundaries of the AlA Economic such as truck driving schools.
Opportunity Overlay District,established pursu- 10. Repair service establishments, such as
ant to article X of this chapter, shall be subject to household appliances, radio, television
the guidelines and standards of that article. and similar uses.
(Ord. No. 4-99,§ 1, 7-6-99;Ord. No. 01-2007, §3,
2-20-07;Ord. No. 11-2012, §4, 7-17-12;Ord. No. 11. Automotive service stations that were
02-2016, § 2, 7-19-16) lawfully approved and permitted by the
city pursuant to a special exception prior
Sec. 110-341. Principal uses and structures. to the effective date of Ord. No. 11-2015
[November 17, 2015] shall be considered
In the C-2 commercial/manufacturing district, a lawful, conforming use subject to all
the following uses and structures are permitted: applicable conditions and requirements
imposed by the city when said use was
1. Retail stores, sales and display rooms, previously permitted. In addition, such
and shopping centers. automotive service stations may be modi-
*Editor's note—Ord. No. 02-2016,§2,adopted July 19, feed to allow no more than ten fueling
2016,renumbered Div. 8 as Div. 6. At the editor's discretion, stations(where one vehicle can be accom
to preserve the style of this Code,§§ 110-380-110-389 have modated for refueling) within any one
been renumbered as§§ 110-340-110-349. filling station property or location,
Supp. No. 25 CD110:46.6
ZONING § 110-341
L
whether said filling station is located on c. No alcohol consumption, other than
one lot or comprises more than one lot. that associated with the tasting
An automotive service station may be room, shall be permitted on-site;
modified to allow up to 16 fueling sta- and
tions on a single lot of at least one acre d. No by-product of the distilling opera-
with at least 275 feet of single street
frontage. Any request for a modification tion shall be discharged into the
to such special exception is subject to city's wastewater system, unless it
Chapter 110, Article II, Division 4, City is properly pre-treated as approved
Code, and all other applicable provisions by the city; and
of the City Code. e. All materials and supplies related
12. Light manufacturing, including: to the distillery operation shall be
stored in an enclosed structure.
a. Instruments for controlling,measur-
ing and indicating physical 14. Veterinary hospitals and clinics.
characteristics. 15. Radio and television studios, broadcast-
b. Optical instruments and lenses. ing towers and antennas.
c. Surgical,medical and dental instru- 16. Commercial establishments which sell,
ments and supplies. dispense, serve or store alcoholic bever-
d. Ophthalmic goods. ages or which permit the consumption of
e. Watches, clocks, clockwork oper alcoholic beverages on their premises
ated devices and parts. subject to section 110-171.
f. Photographic equipment and sup 17. Retail stores using outside display areas
plies. subject to section 110-459.
g. Jewelry, silverware, plated ware. 18. New and used automobiles, major
recreational equipment and mobile home
h. Musical instruments and parts.
sales with accessory services, subject to
i. Toys, amusements, sporting and the following:
athletic goods.
a. All outside areas where merchandise
j. Radio,TV,phonograph and electron- is displayed shall be paved.
ics instruments and parts.
k. Pens, pencils and other office and b. All ingress and egress points to
artist materials. abutting streets shall be marked
clearly and placed not closer than
1. Costume jewelry,costume novelties, 150 feet apart on the same street.
buttons and notions.
c. All servicing and repair activities,
m. Other similar uses. except gasoline pumps, shall be
13. Craft distilleries, as defined by F.S. located in an enclosed structure.
§ 565.03, subject to the following: d. There shall be no storage of junked
a. Onsite production of distilled spirits or wrecked automobiles, other than
shall not exceed 75,000 gallons on temporary storage not to exceed 30
an annual basis; and days, and these vehicles shall be in
an enclosed structure and not be
b. Tasting rooms and/or retail shops visible from outside the property.
associated with the distillery shall
be permitted but shall not exceed 50 e. Ingress and egress points shall not
Live percent of the total square footage be placed so as to endanger
of the operation; and pedestrian traffic.
Supp. No. 25 CD110:46.7
§ 110-341 CAPE CANAVERAL CODE
3
19. Theatres,drive-in theatres,photographic (2) Medical marijuana treatment centers,
studios, bookstores, and dance studios, subject to the requirements of section
unless such uses fall within the scope 110-489 of this Code.
and restrictions of section 10-86 et seq.
(3) Commercial establishments which sell,
20. Car washes,including polishing,and sale dispense, serve or store alcoholic bever-
of related materials. ages or which permit the consumption of
21. Assisted living facilities, subject to the alcoholic beverages on their premises
requirements of section 110-488. subject to section 110-171.
(Ord. No. 4-99,§ 1,7-6-99;Ord. No. 02-2003,§2,
22. Plant nurseries and greenhouses,provided 3-4-03;Ord. No. 06-2011, § 2, 10-18-11;Ord. No.
that all outside display of merchandise 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2,
are contained within the required 9-16-14; Ord. No. 02-2016, § 2, 7-19-16)
setbacks.
23. Permanent and temporary onsite security Sec. 110-344. Prohibited uses and
living facilities, subject to an annual structures.
review and the following:
In the C-2 commercial/manufacturing district,
a. Maximum size not to exceed 800 the following uses and structures are prohibited:
square feet.
b. Security personnel only;no children 1. All uses not specifically or provisionally
allowed. permitted in this division.
c. Facility to be used exclusively for 2. Any use which fails to meet performance
security purposes. standards specifications as provided in
section 110-466.
24. Automotive maintenance facilities, but
not automotive repair facilities. 3. Bottle clubs.
(Ord. No. 4-99,§ 1,7-6-99;Ord. No. 06-2011,§2, 4. Crematoriums (animal or human).
10-18-11; Ord. No. 11-2015, § 2, 11-17-15; Ord.
No. 12 2015,§2, 11-17-15;Ord. No. 02 2016,§2, (Ord. No. 4-99,§ 1, 7-6-99;Ord. No. 02-2016, §2,
7-19-16)
7-19-16)
Sec. 110-342. Accessory uses and structures. Sec. 110-345. Area and dimensions.
In the C-2 commercial/manufacturing district, In the C-2 commercial/manufacturing district,
customary accessory uses of one or more of the the following areas and dimensions shall be
principal uses,clearly incidental and subordinate required:
to the principal use, in keeping with the corn- 1. Minimum lot area shall be as follows:
mercial manufacturing character of the district,
are permitted. a. Service stations, 12,000 square feet.
(Ord. No. 4-99,§ 1,7-6-99;Ord. No. 06-2011,§2, b. All other principal uses and
10-18-11; Ord. No. 02-2016, § 2, 7-19-16) structures shall be 10,000 square
feet.
Sec. 110-343. Special exceptions permis-
sible by the board of adjust- 2. Minimum lot width shall be as follows:
ment. a. Service stations, 100 feet.
(a) Special exceptions may be permitted for b. All other principal uses and
the following: structures shall be 75 feet.
(1) Pain management clinics, subject to the 3. Minimum lot depth shall be 100 feet.
requirements of section 110-489 of this
Code. 4. Maximum lot coverage shall be 50 percent.
Supp. No. 25 CD110:46.8
ZONING § 110-352
clire
5. Minimum floor area shall be 300 square Sec. 110-349. Parking and loading.
feet.
In the C-2 commercial/manufacturing district,
6. Maximum height shall be 45 feet. off-street parking shall be as provided in section
(Ord. No. 4-99, § 1,7-6-99;Ord. No. 02-2016, §2, 110-491, et seq., and off-street loading shall be
7-19-16) as provided in section 110-506, et seq.
(Ord. No. 4-99,§ 1, 7-6-99;Ord. No. 02-2016,§2,
Sec. 110-346. Minimum setbacks. 7-19-16)
In the C-2 commercial/manufacturing district, Sec. 110-350. Reserved.
the minimum setbacks required shall be as
follows:
DIVISION 7. M-1 LIGHT INDUSTRIAL AND
1. Front, 25 feet. RESEARCH AND DEVELOPMENT
a. (See section 110-356 for special DISTRICT*
setback.)
Sec. 110-351. Intent; applicability.
2. Side (interior lot line) 15 feet, except
where industrial property abuts a (a) The requirements for the M-1 light
residential district, in which case the industrial and research and development district
minimum side interior lot shall be 25 are intended to apply to an area located in close
feet. proximity to transportation facilities and which
can serve light manufacturing, research and
3. Side (corner lot line), 25 feet. development, distribution and other industrial
core 4. Rear, 15 feet, except where industrial functions. Restrictions in this division are
property abuts a residential district, in intended to minimize adverse influences of the
which case the minimum rear yard industrial activities. All principal uses permit-
requirement shall be 25 feet. ted in this zone shall be contained in an enclosed
structure.
5. Public or private street, 25 feet.
(b) The provisions of this division shall apply
a. (See section 110-356 for special to all property designated as M-1 light industrial
setbacks.) and research and development on the city's
(Ord. No. 4-99,§ 1, 7-6-99;Ord. No. 02-2016,§2, official zoning map. Further, those properties
7-19-16) zoned M-1 that are located within the boundar-
ies of the AlA Economic Opportunity Overlay
Sec. 110-347. Landscaping, screening and District, established pursuant to article X of this
parking. chapter, shall be subject to the guidelines and
standards of that article.
In the C-2 commercial/manufacturing district, (Code 1981, § 638.01; Ord. No. 01-2007, § 3,
landscaping, screening and parking shall be as 2-20-07; Ord. No. 11-2012, § 4, 7-17-12)
provided in article IX of this chapter.
(Ord. No. 4-99,§ 1,7-6-99;Ord. No. 02-2016, §2, Sec. 110-352. Principal uses and structures.
7-19-16)
In the M-1 light industrial and research and
Sec. 110-348. Performance standards. development district, the following uses and
structures are permitted, provided any use or
In the C-2 commercial/manufacturing district, group of uses that are developed,either separately
performance standards shall be as provided in *Editor's note—Ord. No. 02-2016,§2,adopted July 19,
section 110 466, et seq. 2016,renumbered Div. 6 as Div. 7.
(Ord. No. 4-99, § 1, 7-6-99;Ord. No. 02-2016,§2, Cross reference—Sign regulations in the M-1 light
7-19-16) industrial and research and development district,§94-99.
Supp. No. 25 CD110:46.9
§ 110-352 CAPE CANAVERAL CODE
j
or, if developed as a unit with certain site (7) shall be defined according to
improvements, shared in common, meet require- chapter 10, article IV of the Cape
ments of article IX of this chapter: Canaveral City Code.
(1) General offices, studios, medical and b. Prohibited locations. Notwithstand-
dental clinics, laboratories, data process- ing any other provision of the zoning
ing and similar uses. ordinance of the city,no person shall
(2) Engineering, laboratory, scientific and cause or permit the establishment
research instrumentation and associated of an adult entertainment establish-
uses. ment or sexually oriented business
within 1,000 feet of another such
(3) Manufacturing of: establishment or within 1,000 feet
a. Instruments for controlling,measur- of any pre-existing religious institu-
ing and indicating physical tion, public park, public library, or
characteristics. any residentially zoned district
b. Optical instruments and lenses. (including, but not limited to, R 1,
R-2, R-3) or area designated
c. Surgical,medical and dental instru- residential on the city's
ments and supplies. comprehensive plan future land use
d. Ophthalmic goods. map. No person shall cause or permit
the establishment of an adult
e. Watches, clocks, clockwork-oper- entertainment establishment or
ated devices and parts. sexually oriented business within
f. Photographic equipment and sup- 2,500 feet of an educational institu-
plies. tion. No person shall cause or permit
the establishment of a public park,
g. Jewelry, silverware, plated ware.
public library, residential land use,
h. Musical instruments and parts. or religious institution within 1,000
i. Toys, amusements, sporting and feet, or an educational institution
athletic goods. within 2,500 feet, of an existing
adult entertainment establishment
j. Radio,TV,phonograph and electron- or sexually oriented business. This
ics instruments and parts. provision shall also apply to adult
k. Pens, pencils and other office and entertainment establishments,sexu-
artist materials. ally oriented businesses, religious
institutions, public parks, public
1. Costume jewelry,costume novelties, libraries, educational institutions
buttons and notions. and areas zoned or designated on a
m. Other similar uses. Comprehensive Plan for residential
(4) Ministorage and storage garages. use that lie outside of the city.
(5) Automotive maintenance facilities. c. Permissible locations. Notwithstand-
ing any other provisions of the zoning
(6) Automotive repair facilities. ordinance of the city, except those
contained in subparagraph b.,
(7) Adult entertainment establishments and
prohibited locations, above, adult
sexually oriented businesses, providing entertainment establishments and
it complies with the following provisions: sexually oriented businesses shall
a. Definitions.Where applicable,words only be allowed in the M-1 zoning
or phrases used in this subsection district.
Supp. No. 25 CD110:46.10
ZONING § 110-352
L
d. Measurement of distance. The 4 That special conditions and
distance between any two adult circumstances exist which are
entertainment establishments or peculiar to the land, building
sexually oriented businesses shall or proposed business which are
be measured in a straight line, not generally applicable to other
without regard to intervening lands, buildings, or adult
structures,from the closest exterior entertainment or sexually
structural wall of each such oriented businesses.
establishment. The distance between 5. That the variance is the
any adult entertainment establish minimum variance that will
ment or sexually oriented business make possible the reasonable
and any residentially zoned or use of the subject land and
designated land, religious institu building for the intended
tion, public park, public library or purpose; and
educational institution shall be
measured in a straight line,without 6. That the variance does not
regard to intervening structures, confer upon the applicant any
from the closest exterior structural special privilege.
wall of the adult entertainment (8) Vocational schools and colleges.
establishment or sexually oriented
business to the nearest boundary of (9) Fireworks sales facilities subject to the
the area zoned or designated on the following distance requirements:
comprehensive plan for residential a. They shall be at least 1,000 feet
use, or nearest property boundary from any pre-existing fireworks sales
of any religious institution, public facilities;
library, public park or educational b. They shall be at least 1,000 feet
institution. from any pre-existing residential
e. Reserved. use or property designated
f. Variance. Upon written application residential on the city's
duly filed with the city, the city comprehensive plan future land use
council, may grant a variance, with map and/or official zoning map;
or without conditions and additional c. The distance shall be measured as
safeguards, to the distance require- the shortest linear distance between
ments of subparagraph b. above if it the property line of the proposed
finds: fireworks sales facility and any pre-
1. That the proposed use will not existing fireworks sales facilities or
be contrary to the public inter- any pre-existing residential use or
est, detrimental to the public property designated residential on
welfare, or injurious to nearby the city's comprehensive plan future
properties, and that the spirit land use map and/or official zoning
and intent of the zoning map.
ordinance will be observed;
2. That all applicable provisions (10) Breweries,with or without tasting rooms
of this subsection and the city and associated retail sales.
sexually oriented business and (11) Tattoo establishments and those body
adult entertainment establish- piercing establishments required to be
ment code will be observed; licensed under F.S. § 381.0075, provided
3. That the proposed use will not however, no such establishment shall be
be contrary to any adopted land permitted to locate within 100 feet of any
use plan; pre-existing residential use or any
Supp. No. 25 CD110:46.11
§ 110-352 CAPE CANAVERAL CODE
3
property designated residential on the 4. Sale of convenience goods for
city's comprehensive plan future land service station customers.
use map and/or official zoning map. 5. Restroom facilities.
(12) Convenience stores, including the sale of 6. Accessory fast food services
gasoline at fueling stations, subject to without a drive-through.
the following:
7. Truck and trailer rentals.
a. All setbacks shall be no less than 25
feet from any portion of the build- h. Vehicles shall not be parked outside
ing, including pump island, but in the building for more than four
no case shall a lot have less than days,such four days to be considered
100 feet of street frontage. as an accumulated parking time,
whether consecutive or accumulated.
b. Underground storage is required for
all receptacles for combustible i. Uses permissible at a service sta-
materials in excess of 55 gallons. tion do not include body work,
Such storage shall comply with all straightening of body parts, paint-
Environmental Protection Agency ing, welding (other than minor
standards. repairs), storage of automobiles not
in operating condition or other work
c. The accumulation and storage of involving noise,glare,fumes,smoke
waste petroleum products is forbid- or other characteristics to an extent
den, unless in compliance with greater than normally found in
Environmental Protection Agency service stations. A service station is
standards. not a body shop.
d. Curb cuts shall be made in j. Automotive parts,new or used,shall
accordance with section 110-493. not be stored outside.
e. No service stations shall be erected
or located within 150 feet of the k. Vehicles are not to be dismantled or
property line of any church,hospital, scrapped for parts.
school or park. 1. Engine and transmission overhaul
f. No main accessory building, and no may be performed only inside the
gasoline pump shall be located within service bays.
25 feet of the lot line of a property m. A minimum of two enclosed service
that is residentially zoned. A finished bays and a customer waiting area
concrete wall of at least eight feet in must be provided if maintenance
height shall be provided along any and repairs are a part of the busi-
property line abutting a residential ness.
district or residential use.
n. A minimum building size of 2,000
g. Primary services and sales permis- square feet shall be provided.
sible include fueling stations and
electric charging stations, and o. No plants (grass, weeds, etc.) shall
include only the following accessory be allowed to grow through cracks
uses: or joints in the pavement.
1. Tire servicing and repair, but p. Landscaping shall conform to sec-
not recapping. tion 110-566.
2. Car wash services. q. A minimum distance of 2,500 feet
3. Oil changes and other engine by shortest airline measurement
lubrication. shall be maintained between the
Supp. No. 25 CD110:46.12
ZONING § 110-352
C
nearest point of a lot or lots used for with the criteria for the classification of
filling stations or automotive sta- shopping centers as set forth in the
tions. building code adopted in section 82-31.
r. Lighting on a service station shall (19) Permanent onsite security living facili-
be so designed and installed so as to ties, subject to an annual review and the
prevent glare or excessive light on following:
adjacent property. No source of
illumination shall be allowed if such a. Maximum size not to exceed 800
source of illumination would be vis square feet.
ible from a residentially-zoned b. Security personnel only;no children
district to the extent that it interferes allowed.
with the residential use of that area.
c. Facility to be used exclusively for
s. No gasoline pump shall be located security purposes.
within 25 feet of a street right-of-
way line. (20) Restaurants.
t. There shall be no more than ten (21) Public buildings and facilities.
fueling positions (where one vehicle (22) Telecommunications towers, subject to
can be accommodated for refueling) the provisions of section 110-482.
within any one filling station
property or location, whether said (23) Vehicle rental facilities, as provided in
filling station is located on one lot section 110-556 of this Code.
(1111000e or comprises more than one lot.
However, up to 16 fueling stations (24) Vocational and trade schools not involv-
ing be permitted on a single lot of ing operations of an industrial nature.
at least one acre with at least 275 (25) Retail stores, sales and display rooms,
feet of single street frontage. subject to section 110-459.
(13) Outside storage, subject to section 110- (26) Personal service establishments, such as
566, where applicable. beauty shops and barbershops, laundry
(14) Freight handling facilities: transports and dry cleaning pick up stations, tailor
shops, and similar uses.
tion terminals.
(27) Hotels, motels with a minimum of 150
(15) Veterinary hospitals and clinics, subject
rental units. In no case shall there be
to the provisions designated in division 5 more than 30 rental units per net acre
of this article for the C-1 district. nor shall a rental unit have a floor area
(16) Recycling activities for the collection of less than 300 square feet. Hotel and
nonhazardous materials, provided that motel units containing provisions for cook-
all storage of such materials shall be in ing or light housekeeping shall have a
approved structures, containers or trail- minimum floor area not less than 400
square feet. Motels and hotels may not
ers. be converted to other types of dwellings
(17) Radio and TV studios. at more than the density required in this
chapter for such dwellings.
(18) Shopping centers, provided the shopping (Code 1981, §638.03;Ord. No. 1-96, § 1, 1-30-96;
center is on a minimum ten-acre plot and Ord. No. 17-96, § 4, 10-1-96; Ord. No. 5-99, § 1,
has a minimum of 75,000 square feet of 9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No.
col interior space under the roof All shop-
08-2004, § 2, 5-4-04; Ord. No. 13 2004, § 4,
ping centers shall be built in conformance 7-20-04;Ord. No. 03-2011, §2, 5-17-11;Ord. No.
Supp. No. 25 CD110:46.13
§ 110-352 CAPE CANAVERAL CODE
3
06-2011, § 2, 10-18-11; Ord. No. 08-2012, § 2, (2) Pain management clinics, subject to the
6-19-12; Ord. No. 11-2015, § 2, 11-17-15; Ord. requirements of section 110-489 of this
No. 02-2016, § 2, 7-19-16) Code.
(3) Medical marijuana treatment centers,
Sec. 110-353. Accessory uses and structures. subject to the requirements of section
In the M-1 light industrial and research and 110-489 of this Code.
development district, accessory uses and (4) Commercial establishments which sell,
structures shall be permitted as follows: dispense, serve or store alcoholic bever-
ages or which permit the consumption of
(1) Retail sales of products manufactured alcoholic beverages on their premises
upon the premises. subject to section 110-171.
(2) Customary accessory uses of one or more (Code 1981, § 638.07; Ord. No. 13 95, § 1,
of the principal uses, clearly incidental 9-19-95; Ord. No. 1-96, § 3, 1-30-97; Ord. No.
and subordinate to the principal use, in 8-97, § 1, 9-2-97; Ord. No. 16-2005, § 2, 10-4-05;
keeping with the light industrial and Ord. No. 01-2007,§2,2-20-07;Ord. No. 05-2013,
research and development character of § 2, 3-19-13;Ord. No. 09 2014, §2, 9-16-14;Ord.
the district. No. 02-2016, § 2, 7-19-16)
(Code 1981, § 638.05) Cross reference—Adult entertainment, § 10-86 et seq.
Sec. 110-355. Prohibited uses and
Sec. 110-354. Special exceptions permis- structures.
sible by board of adjustment.
In the M-1 light industrial and research and
(a) Special exceptions may be granted for the development district, the following uses and
following: structures are prohibited:
(1) Conveyor systems for purposes of moving (1) All uses not specifically or provisionally
aggregate and other materials, subject to permitted in this division and uses not in
the following: keeping with the light industrial and
a. Conveyor systems must be con- research and development character of
netted and adjacent to Port the district.
Canaveral. (2) Any use deemed objectionable by the
b. Conveyor systems crossing the standards established in section 110-466
setback must be constructed in a et seq.
north-south direction,perpendicular (Code 1981, § 638.09)
to Port Canaveral.
Sec. 110-356. Area and dimensions.
c. Conveyor systems must be
completely enclosed where located In the M-1 light industrial and research and
within a setback. development district, the area and dimensions
shall be as follows:
d. Conveyor systems shall not exceed
30 feet in height, where located (1) Minimum lot area shall be 10,000 square
within a setback. feet.
e. Conveyor systems in the setbacks (2) Minimum lot width shall be 75 feet.
shall not be located within 750 feet (3) Minimum lot depth shall be 100 feet.
from any other existing or approved
conveyor system(s). This measure- (4) Maximum lot coverage shall be 50 percent.
ment shall be drawn as a straight (5) Minimum floor area shall be 300 square
line connecting the conveyor systems. feet.
Supp. No. 25 CD110:46.14
ZONING § 110-372
(6) The maximum height of all buildings as provided in section 110-491 et seq. and off-
constructed within the M-1 zoning district street loading shall be as provided in section
shall be 45 feet. 110-506 et seq.
(Code 1981, §638.11;Ord. No. 18-96, §2, 9-3-96) (Code 1981, ch. 638.17)
Sec. 110-357. Minimum setbacks. Secs. 110-361-110-370. Reserved.
(a) In the M-1 light industrial and research
and development district,the minimum setbacks DIVISION 8. TOWNHOUSES*
required shall be as follows:
(1) Front, 25 feet. (See subsection (b) of this Sec. 110-371. Permitted use.
section.) Townhouses are permitted as an allowed use
(2) Side (interior lot line), 15 feet, except in R-2 and R-3 districts.
where industrial property abuts a (Code 1981, ch. 639)
residential district, in which case the
minimum side interior lot shall be 25 Sec. 110-372. Area and dimensions.
feet.
Townhouse area and dimensions shall be as
(3) Side (corner lot line), 25 feet. follows:
(4) Rear, 15 feet, except where industrial (1) Minimum area to be developed shall be
property abuts a residential district, in 6,250 square feet.
(00,/ which case the minimum rear yard
requirement shall be 25 feet. (2) Minimum lot area shall be 1,600 square
feet.
(5) Public or private street, 25 feet.
(3) Minimum lot width shall be 20 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 638.11) (4) Minimum lot depth shall be 70 feet.
(5) Maximum lot coverage by all buildings
Sec. 110-358. Landscaping, screening and shall be 40 percent of the site area.
parking.
(6) Minimum floor area shall be as follows:
In the M-1 light industrial and research and a. One bedroom, 650 square feet per
development district,landscaping,screening and dwelling unit.
parking shall be as provided in article IX of this
chapter. b. Two bedrooms, 750 square feet per
(Code 1981, § 638.13) dwelling unit.
c. Additional bedrooms,200 square feet
Sec. 110-359. Performance standards. per bedroom.
In the M-1 light industrial and research and (7) Maximum building length or width shall
development district,performance standards shall be 185 feet.
be as provided in section 110-466 et seq.
(Code 1981, § 638.15) Until December 31, 1993, 50 and 75-foot-wide
nonconforming lots of record may have 16-foot-
wide townhouse lots.
Sec. 110-360. Parking and loading. (Code 1981, § 639.03)
In the M-1 light industrial and research and *Editor's note—Ord. No. 02-2016,§2,adopted July 19,
(1.0„,
development district, offstreet parking shall be 2016,renumbered Div. 7 as Div. 8.
Supp. No. 25 CD110:46.15
§ 110-373 CAPE CANAVERAL CODE
J
Sec. 110-373. Minimum setbacks. approved until satisfactory arrangements are
For townhouses, the minimum setbacks made for maintenance and presented to the city.
required shall be as follows: Individual maintenance procedures shall be
submitted to the planning and zoning board to
(1) Front, 25 feet. ensure that all public areas in common open
(2) Side, end unit, eight feet. spaces shall be maintained in a satisfactory
(3) Side, interior unit, zero feet. manner without expense to the city.
(Code 1981, § 639.11)
(4) Rear, 15 feet.
(5) Side,corner lot,25 feet;on all nonconform-
ing lots of record, 15 feet. Sec. 110-378. Building permit.
(Code 1981, § 639.03)
Sec. 110-374. Offstreet parking. The townhouse developer must file an applica-
tion for a building permit. The application must
For a townhouse,there shall be a minimum of be in a format approved by the building official
three parking spaces for each living unit located and shall include all elements necessary for
on the same property as the main building. The multi-family construction in accordance with
minimum of three parking spaces shall be required section 110-221 et seq. The expiration date of the
of all living units of three bedrooms or less. building permit shall be in accordance with
Living units containing in excess of three section 106.6.1 of the building code adopted in
bedrooms shall require an additional parking section 82-31.
space for each bedroom in excess of three.
(Code 1981, § 639.05) (Code 1981, § 639.13)
J
Sec. 110-375. Utilities.
Sec. 110-379. Development schedule.
For townhouse utilities, the following shall
apply:
(1) All utility distribution systems, includ A townhouse development schedule shall be
ing but not limited to television cable, submitted for review to the planning and zoning
telephone and electrical systems shall be board, who may approve, approve subject to
installed underground. Primary facili conditions or disapprove. When submitted, the
ties providing services to the site may be development schedule shall indicate the staging
excluded. of construction and the staging of open space or
other common use areas for conveyance, dedica-
(2) A five-foot public access easement shall tion or reservation; the geographic stages in
be provided along each side and across which the project will be built; the approximate
the rear of the site. date when construction of each stage shall begin;
(Code 1981, § 639.07) and its anticipated completion date. Provision
Sec. 110-376. Reserved. for the construction of cultural and recreational
facilities which are shown on the site plan shall
Editor's note—Ord. No. 09-2007, § 2, adopted Dec. 4, proceed at an equivalent or greater rate as the
2007,repealed§110-376,which pertained to preservation of construction of the dwelling units.
trees and derived from Code 1981, §639.09.
(Code 1981, § 639.15)
Sec. 110-377. Individually platted lots.
Each townhouse unit shall be located on an
individually platted lot. If there exists areas for
common use of the occupants,the plat will not be Secs. 110-380-110-400. Reserved.
Supp. No. 25 CD110:46.16
ZONING § 110-401
ARTICLE VIII. RESIDENTIAL PLANNED Final development plan means the develop-
UNIT DEVELOPMENTS ment plan approved by the city council and
recorded with the clerk of the circuit court of the
DIVISION 1. GENERALLY county according to this article.
Final development plan application means the
Sec. 110-401. Definitions. application for approval of the final development
plan and for approval of the required exhibits as
The following words,terms and phrases,when specified in this article.
used in this article, shall have the meanings Lot means a portion of a block intended for the
ascribed to them in this section, except where construction of one dwelling or the transfer of
the context clearly indicates a different meaning: ownership or both.
Block means an area delineated within a Preliminary development plan means the
stage which is subdivided into lots for single development plan approved by the city council
units and individual ownership. and filed with approval by the city of a residential
planned unit development zone.
Common open space means a parcel of land or Preliminary development plan application
a combination of land and water within the site means the application for approval of the use of a
designated as a residential planned unit develop- site as a residential planned unit development
ment and designed and intended for the use or and for approval of the required exhibits as
enjoyment of residents of the residential planned specified in this article.
unit development. Common open space shall be
integrated throughout the residential planned Residential planned unit development or RPUD
unit development to provide for a linked means an area of land developed as a single
recreational/open space system. entity or in approved stages in conformity with a
final development plan by a developer or group
Developer means a person who owns land of developers acting jointly, which is totally
which is developed into a residential planned planned to provide for a variety of residential
unit development and who is actually involved in uses and common open space.
the construction and creation of a residential
planned unit development.
Development plan means the total site plan of
the residential planned unit development drawn
in conformity with this article. The development
plan shall specify and clearly illustrate the
location,relationship,design,nature and character
of all primary uses, public and private ease-
ments, structures, parking areas, public and
private roads and common open space.
Development schedule means a comprehensive
statement showing the type and extent of develop-
ment to be completed within the various
practicable time limits and the order in which
development is to be undertaken. A development
schedule shall contain an exact description of the
specific buildings, facilities, common open space
coo' and other improvements to be developed at the
end of each time period.
Supp. No. 25 CD110:46.17
J
J
3
ZONING § 110-439
Where a golf course is utilized to partially fulfill (c) Minimum distances between structures
the open space requirement, other facilities to and setbacks shall be as follows:
meet the active residential needs of children and (1) For a single-family detached structure,
adults shall be provided. All water areas included the structure shall set back not less than
as part of the open space requirement shall be eight feet from the side lot lines and not
permanent water bodies and shall be improved less than 15 feet from the rear lot line.
with 3:1 minimum sloped edge extending at least On a corner lot, the side street setback
20 feet into the water areas and planted with shall be not less than 25 feet. The city
grass and maintained around all sides so as not council may, upon recommendation of
to harbor mosquitoes,insects and rodents,unless planning and zoning board, reduce the
it is determined by an environmental review of required side setbacks and the distances
the water body that such slope or improvements between structures, provided that
would be detrimental to the ecology of such proposed structures do not abut utility
water body site. easements or otherwise affect the ability
(Code 1981, § 640.09(C)) to provide and maintain utility service to
each lot, to provide the usage of zero lot
Sec. 110-439. Minimum lot area; frontage; line application and other innovative
setbacks; accessory uses. building techniques.
(2) Between structures of two stories or less,
(a) The minimum lot size for a detached 15 feet.
single-family structure in the residential planned
unit development shall be an area not less than (3) Between structures of three stories, 20
6,000 square feet and having a width of not less feet.
than 60 feet. The minimum lot size may be (4) Between structures of four stories, 25
waived by the city council if the proposed lots all feet.
have substantial relationship to the common
open space (e.g., directly adjacent or abut a (5) Between structures over four stories,five
common open space area) and the arrangement feet for each additional story.
of dwelling units provides for adequate separa-
(6) Between structures of varying heights,
tion of units and the living area of the dwelling the larger distance separation shall be
units is properly related to the configuration of required.
the proposed lots. All lots to be platted at less
than 7,500 square feet shall have the location of Buildings shall not exceed the maximum height
structures set forth on the final development allowed in the zoning district in which they are
plan. constructed.
(b) Each dwelling unit or other permitted use (d) Setbacks required between the nearest
shall have access to a public street either directly part of any building wall and the edge of any
or indirectly via paved road,pedestrianway,court public right-of-way or private street pavement
or other area dedicated to public or private use of shall be 25 feet,unless waived by the city council
based on the recommendation of the planning
common easement guaranteeing access. Permit and zoning board. A minimum 25 foot setback
ted uses are not required to front on a public shall be maintained between the walls of all
dedicated road. The city shall be allowed access structures and the property line along the
on privately owned roads,easements and common perimeter of the residential planned unit develop-
open space to ensure the police and fire protec- ment, unless waived by the city council.
tion of the area to meet emergency needs, to
conduct city services and to generally ensure the (e) On property bordering the ocean, a
health and safety of the residents of the residential minimum of 25 percent of the frontage shall be
planned unit development. left open as breezeway.
Supp. No. 25 CD110:57
§ 110-439 CAPE CANAVERAL CODE
3
(f) On property bordering the ocean, all and shall be convenient to residential
structures shall be set back at least 50 feet from use. Parking areas shall not be separated
the bluff line or vegetation line, whichever is from associated structures by any public
greater, provided such setback is also subject to right-of-way. Parking areas shall be
the coastal setback line established by the state landscaped in accordance with section
department of environmental protection. On all 110-567.
property bordering other major waterways, all
structures shall be setback at least 25 feet from (2) Where the residential planned unit
the established shoreline. This setback shall be development consists of single-family
free of all uses. detached dwellings on platted lots of less
(Code 1981, § 640.09(D)) than 6,600 square feet, the developer
may be required to provide an approved
Sec. 110-440. Maximum length of structures. designated common area for the parking
In a residential planned unit development, of campers, travel trailers, recreational
the maximum length of a structure shall be 185 trailers and vehicles, boats and boat
feet, unless an excess is specifically authorized trailers and other similar vehicles.
by the city council, as recommended by the (Code 1981, § 640.09(G))
planning and zoning board.
(Code 1981, § 640.09(E)) Sec. 110-443. Underground utilities.
Sec. 110-441. Minimum floor area. (a) Within the residential planned unit develop-
In a residential planned unit development, ment, all utilities, including telephone, televi-
the minimum floor area per unit shall be as sion cable and electrical systems,shall be installed
follows: underground. Primary facilities providing service
to the site of the residential planned unit develop-
(1) Single-family dwellings, attached or ment may be exempted from this subsection.
detached, unless waived by city council, Large transformers shall be placed on the ground
1,100 square feet. and shall be contained within pad mounts,
(2) Duplex, 750 square feet. enclosures or vaults.
(3) Multi-family dwellings: (b) The developer must provide landscaping
a. Efficiency, 450 square feet. with shrubs and plants to screen all utility
b. One bedroom, 650 square feet. facilities permitted above ground. The planning
and zoning board may require that substations
c. Two bedrooms, 750 square feet. be screened by trees and shrubs or walls
d. Three bedrooms, 950 square feet. resembling a structure which is compatible with
(Code 1981, § 640.09(F)) the design of the buildings within the residential
planned unit development.
Sec. 110-442. Offstreet parking. (Code 1981, § 640.09(H))
In a residential planned unit development,
offstreet parking shall be provided as follows: Sec. 110-444. Development standards.
(1) For primary residential uses,a minimum The minimum construction requirements for
of three parking spaces per dwelling unit streets or roads, sidewalks, sewer facilities,utili-
shall be provided, unless a reduction in ties and drainage in the residential planned unit
parking is specifically authorized by the development shall be in compliance with the
city council as recommended by the plan- requirements of this chapter and chapter 82
ning and zoning board. Each space must pertaining to buildings. Design requirements
contain at least 200 square feet of area with respect to streets, sidewalks and drainage
Supp. No. 25 CD110:58
ZONING § 110-459
L
may be waived by the city council upon the (b) All outside storage yards must also meet
recommendation of the planning and zoning section 110-566.
board. (Ord. No. 02-2016, § 2, 7-19-16)
(Code 1981, § 640.09(I))
Sec. 110-458. Shopping centers and retail
Sec. 110-445. Preservation of trees. stores using outside display.
Within the residential planned unit develop- (a) The area of outside display shall not exceed
ment, trees shall be preserved in accordance in size 10 percent or 2,000 sf (whichever is
with section 102-36 et seq. smaller) of the enclosed area of the principal
(Code 1981, § 640.09(J)) structure.
(b) The outside display area shall be considered
Secs. 110-446-110-455. Reserved. the same as the floor area for the purpose of
calculating offstreet parking, setbacks and lot
coverage. Further, required offstreet parking,
ARTICLE IX. SUPPLEMENTARY setbacks, lot coverage and landscaping shall not
DISTRICT REGULATIONS* be diminished by the outside display area.
(c) Maintain minimum five foot sidewalk clear-
DIVISION 1. GENERALLY ance for pedestrians.
(d) No customer parking or fire lanes shall be
Sec. 110-456. Application of performance used.
standards.
(kiwi
(e) No additional signage.
(a) Any use, building, structure or land (f) All outdoor display must maintain a
developed, constructed or used for any permitted minimum five foot sidewalk clearance.
principal use or any use permissible as a special
exception or any accessory use shall comply with (Ord. No. 02-2016, § 2, 7-19-16)
all of the applicable performance standards set
by federal, state and county regulations. Sec. 110-459. Mini-warehouse/personal
property storage facilities.
(b) If any use or building or other structure is (a) Storage buildings shall be subdivided by
extended, enlarged or reconstructed, the permanent partitions into spaces containing not
performance standards involved shall apply with more than 300 square feet each.
respect to such extended, enlarged or
reconstructed portion of such use, building or (b) Storage of goods shall be limited to personal
other structure. property with no retail sales, service establish-
(Ord. No. 02-2016, § 2, 7-19-16) ments,offices,apartments(other than manager's
office and apartment), commercial distribution
Sec. 110-457. Outside storage. or warehousing allowed.
(a) Outdoor storage yards and lots including (c) The minimum lot size shall be not less
auto storage yards (but not scrap processing than two acres.
yards or concrete batch mixing plants)if storage (d) If the facilities are lighted, lighting shall
is completely enclosed by a six-foot fence or wall be designed and installed so as to prevent glare
not less than 95 percent opaque. or excessive light on adjacent property. No source
*Cross references—Litter, § 34-26 et seq.; property of illumination shall be allowed if such source of
maintenance requirements, § 34-97; lighting regulations, illumination would be visible from a residentially
(111100,'- §34-206 et seq.;solid waste,ch. 62;signs restrictions based zoned district to the extent that it interferes
on zoning district,§94-96 et seq. with the residential use of that area.
Supp. No. 25 CD110:59
§ 110-459 CAPE CANAVERAL CODE
j
(e) Minimum yard requirements: (iv) The facility shall have its own independent
(i) Front-30 feet. exterior entrance exclusive from any
common entrances.
(ii) Side and rear—Zero feet if adjacent to a (Ord. No. 02-2016, § 2, 7-19-16)
commercial district; 15 feet side yard and
ten feet rear yard if adjacent to residential Sec. 110-461. Car wash.
district.
(a) Car washing facilities must be within a
(f) Perimeter landscaping adjacent to streets: structure with a roof.
All vehicular use areas (VUAs) which are not
entirely screened by an intervening building (b) The vacuums,blowers and similar devices
from any abutting dedicated public street, to the may be outside the building but may not be
extent such areas are not so screened, shall located within 150 feet from a residentially
contain the following: zoned property unless properly soundproofed
and/or regulated by hours of operation.
(i) A landscaped area of not less than 20
square feet for each linear foot of vehicular (c) All car washes permitted and constructed
use area (VUA) street frontage; within the city after July 19, 2016 shall install,
(ii) No less than one tree, of four inch caliper utilize, and maintain a water recycling system,
pursuant to a water recycling system plan
or greater, located within 25 feet of the approved by the city's development review corn-
street right-of-way, for each 25 linear mittee, which recycles and reuses at least 50
feet, or fraction thereof, of VUA street percent of wash and rinse water. Failure to
frontage. install, utilize, or maintain the water recycling
(Ord. No. 02-2016, § 2, 7-19-16) system shall be a violation of this Code.
Sec. 110-460. Veterinary hospital. (Ord. No. 02-2016, § 2, 7-19-16)
(a) The portion of the building used for Sec. 110-462. Single-family residential
overnight boarding shall be completely soundproof. second kitchen facility.
(b) The building shall be located on an A second kitchen facility may be incorporated
individual and separate lot, provided all yards, into a single-family residence,provided the second
area, frontage and other requirements of the kitchen meets the following conditions:
Code are met for each structure within the (a) The second kitchen facility and the area
zoning district of which it is a part. or quarters it serves shall be integrated
(c) Animals shall be kept in the enclosed architecturally, both internally and
soundproof buildings during the hours of 9:00 externally, with the single-family
p.m. to 6:00 a.m. residence. Externally,the structure shall
have the appearance of one residence.
(d) A veterinary hospital may be a part of any
Internally, there shall be direct access to
development when the same meets the following the kitchen facility and its area from the
criteria: living area or quarters of the single-
(i) The facility shall be heated and cooled by family residence.
a unit separate from such unit for the (b) The area or quarters to be served by the
rest of the development. kitchen facility shall not exceed 600 square
(ii) The facility shall be serviced by a water feet, excluding the kitchen facility and
supply separated from the main water bath area.
supply by a backflow preventer or air (c) A floor plan of the entire single-family
gap. residence,including the additional kitchen
(iii) The facility shall be soundproofed from facility, shall be submitted to the build-
the rest of the development. ing department in order to illustrate
Supp. No. 25 CD110:60
ZONING § 110-469
L
compliance with these conditions, and (6) The person in charge of the sale shall
the floor plan shall be binding upon all ensure that automotive vehicles of
future construction plans in regard to potential or actual customers do not
the single-family residence. interfere with pedestrian or vehicular
(d) No portion of the single-family dwelling traffic in the vicinity.
unit shall be utilized for rental purposes, (Code 1981, § 641.13)
and the single-family dwelling unit shall
be served by one meter for electric and Sec. 110-468. Accessory structures.
one meter for water. (a) No accessory structure shall be erected in
(e) The single family dwelling unit shall any front yard, and the accessory structure shall
continue to be utilized by no more than not cover more than 30 percent of any required
one family as defined under this section. rear setback. No separate accessory structures
(Ord. No. 02-2016, § 2, 7-19-16) shall be erected within ten feet of any building
on the same lot or within five feet of any lot line.
Secs. 110-463-110-465. Reserved. An accessory structure shall not exceed 24 feet in
height. However, a lot with a one- or two-family
Sec. 110-466. Reserved. residence only may have one additional acces-
sory structure erected per unit,not to exceed 100
Editor's note—Ord. No. 02-2016, § 2, adopted July 19, square feet with a maximum height of ten feet if
2016, repealed § 110-466,which pertained to application of detached or 32 square feet with maximum height
performance standards and derived from Code 1981,§641.15.
The user's attention is directed to§ 110-456. of ten feet if attached in rear setback. In new
construction an accessory building may not be
Lie Sec. 110-467. Garage sales. constructed prior to the construction of the main
building. No accessory building shall be used for
The noncommercial sale of privately owned any home occupation or business or for permanent
items at retail from residential premises, com- living quarters; it shall contain no kitchen or
monly known as a garage sale or yard sale, shall cooking facilities. It may be used for housing
comply with the following: temporary guests of the occupants of the main
(1) Hours of sale shall be restricted to daylight building. It is not to be rented or otherwise used
hours. as a separate dwelling.
(2) The sale may continue for two periods of (b) Storage or utility sheds of a temporary
not more than three consecutive days nature, without a permanent foundation, not
each. The two periods of sale shall be over 100 square feet in size or more than seven
separated by a minimum of four nonsale feet high, are exempt from this section, provided
days, and the total sale days shall be they are in the rear yard only.
completed within 15 consecutive calendar (Code 1981, § 641.23)
days.
Sec. 110-469. Visibility at intersections.
(3) Yards shall be cleared of salable items on
all nonsale days. On a corner lot in any zoning district,nothing,
(4) Subsequent garage sales conducted on shall be erected or placed in the triangular area
the same premises by the same household bounded on two sides by the street right-of-way
are permitted 180 days after the close of lines and on the third side by a straight line
the preceding sale. drawn between two points on the street right-of-
way line located 25 feet from the point of the
(5) A sign specifying a garage or yard sale intersection of the street right-of-way lines("site
may be displayed on the premises of the visibility triangle"), except traffic signs, utility
Lise sale on sale days only. Such sign shall poles and infrastructure, sidewalks, and ground
not exceed four square feet in size. cover landscaping(e.g. grass,very small shrubs).
Supp. No. 25 CD110:61
§ 110-469 CAPE CANAVERAL CODE
j
Ground cover landscaping shall not exceed one district abuts any residential zoning
and one-half feet in height at and after planting. district, and a fence or wall is used to
As provided above, trees shall not be planted meet the requirements of section 110
within the site visibility triangle. Any tree exist- 566, the fence or wall shall have a
ing within this triangular area, as of the effec-
tive date of this section, shall be allowed to maximum height of eight feet;
remain provided the same is trimmed and (4) No wall shall be built along unimproved
maintained such that no part of the tree canopy property boundaries until and unless the
is lower than ten feet in height, measured from owner has obtained and paid for a build-
the point located on the street right-of-way line ing permit for the principal structure;
nearest the tree.
(5) All concrete boundary walls are to be
As provided above,fencing shall not be erected finished by stuccoing or painting in
or placed within the site visibility triangle. Any neutral colors at the time they are
chain-link, wire, or split-rail fencing which law- constructed. All fences shall be
fully existed as of the effective date of this constructed or installed such that the
ordinance, shall be allowed to remain provided finished side faces abutting properties or
the same is maintained clear of vegetation or public rights-of-way. If chain-link is used
other opaque material. Any lawfully existing for fencing,the same must have a top rail
fence shall be removed from the site visibility and the rail and chain-link must be
triangle at the time of permitting any new coated in a rubber or vinyl material; and
fencing upon the property.
(Code 1981, § 641.25; Ord. No. 34-2003, § 2, (6) No words or symbols, other than street
10-21-03) addresses and names of occupants in
Cross references—Property maintenance require-
residential districts, shall be permitted
ments, §34-97;streets, § 66-26 et seq.;traffic and vehicles, on exterior boundary fences or walls,
ch. 74. except a small sign, not to exceed 32
square inches, may be attached identify-
Sec. 110-470. Fences, walls and hedges. ing the fence manufacturer or installer.
(a) Fences and walls may be permitted in any If there are such nonallowed words or
yard, except as specified in section 110-469, symbols,they shall be covered or removed
provided the following restrictions shall apply: within seven days of notification to the
owner by the city.
(1) In any residential district, no fence or
wall in any side er rear yard shall be over (b) Hedges may be permitted in any yard,
six feet in height or over four feet in except as specified in section 110-469 of this
height if within 25 feet of any public code, provided the following restrictions shall
right-of-way, unless otherwise specified apply:
in this section; (1) Any hedge planted to satisfy the visual
(2) In any residential district where property screening requirements provided within
abuts a public beach access parking area, section 110-566 of this Code shall have a
the fence or wall in a side, rear or front minimum height at time of planting of
yard which abuts the public parking area three feet and will be required to reach a
shall not exceed six feet in height; minimum height of six feet, unless
(3) In any commercial or industrial district, otherwise provided by this chapter, and a
density of at least 80 percent opacity
no fence or wall in any side or rear yard within two years of planting;
shall be over eight feet in height or over
four feet in height if within 25 feet of any (2) No hedge planted to satisfy the visual
public right-of-way. When the boundary screening requirements of section 110-
of a commercial or industrial zoning 566 of this Code and located adjacent to a j
Supp. No. 25 CD110:62
ZONING § 110-475
L
property boundary shall exceed four feet minimum access width of 15 feet to a public
in height if within 25 feet of any public right-of-way or an approved private right-of-way.
right-of-way; (Code 1981, § 641.31)
(3) Any hedge located adjacent to any public Sec. 110-473. Minimum width of courts.
right-of-way,sidewalk or easement utilized
for public purposes shall be set back a The minimum width of a court shall be 30 feet
minimum of three feet from the property for one-story buildings, 40 feet for two-story
line or easement boundary to ensure buildings and 60 feet for four-story buildings.
such hedge will not encroach into or For every five feet of height over 40 feet, the
impede the use of such public right-of- width of such a court shall be increased by two
way, sidewalk or easement; feet,provided that open unenclosed porches may
project into a required court not more than 25
(4) Any hedge planted or otherwise percent of the width of such court. Nominal
established in accordance with this insets in the building façade of six feet or less
chapter shall be comprised of a desirable shall be exempt from this section.
species of vegetation as defined in chapter (Code 1981, § 641.39)
102 of this Code, as may be amended
from time to time; and Sec. 110-474. Water areas.
(5) All hedges shall be maintained in All areas within the city which are under
accordance with Chapter 34 of this code water and not shown as included within any
and all other applicable statues, zoning district shall be subject to all the require-
ordinances, and regulations affecting ments of the district which immediately adjoins
cre landscaping and vegetation. or abuts the water area. If the water area
(Code 1981, §641.25;Ord. No. 7 00, § 1, 7-18-00; adjoins two or more districts, the boundaries of
Ord. No. 03-2003, § 2, 8-19-03) each district shall be construed to extend into
Cross references—Property maintenance standards,§34- the water area in a straight line as projected
97; building code, § 82-31 et seq.; swimming pool code, until they intersect a projected line from other
§82-246 et seq.;housing code,§82-271 et seq. district boundaries.
(Code 1981, § 641.41)
Sec. 110-471. Exceptions to height regula- Cross reference—Waterways,ch. 106.
tions.
Sec. 110-475. Sidewalks required.
The height limitations contained in article VII (a) Construction of sidewalks shall be required
of this chapter do not apply to spires, belfries, in conjunction with the construction of any build-
cupolas, antennas, water tanks, solar panels, ing or development on property abutting any
ventilators, chimneys, elevator equipment, air paved street, public and private, within the city
conditioning or other necessary equipment room limits.
usually required to be placed above the roof level
and not intended for human occupancy. (b) Sidewalks shall be no less than five feet
(Code 1981, § 641.29) wide regardless of zoning district. Sidewalks and
concrete aprons will be required across asphalt
paved driveways. Sidewalks along State Highway
Sec. 110-472. Access. AlA will require a permit from the state depart-
Every building shall be on a lot fronting on a ment of transportation and shall be no less than
public street or on an approved private street or
five feet wide.
with legal access to a public street and shall have (c) Sidewalks being installed on a street within
a safe and convenient access for servicing, fire the same block which already has sidewalks or
Crige` protection and required offstreet parking. All portions of sidewalks installed must transition
lots upon which structures are built shall have a to the width of the existing sidewalks, but shall
Supp. No. 25 CD110:63
§ 110-475 CAPE CANAVERAL CODE
3
be no less than five feet in width. The transition property that has received a special benefit
distance between the two different widths of from the sidewalk. At least 15 days'prior
sidewalks will be a minimum of five feet. notice of the certification hearing shall
be provided to those property owners
(d) Sidewalks shall normally abut the property that may be imposed an impact fee. At
line, but may be installed anywhere within or the hearing, affected property owners
without the right-of-way to permit alignment will be allowed an opportunity to be
with existing sidewalks or to accommodate trees heard.
or other objects which are not desired to be
moved, altered or removed. (3) The city council shall approve the certifica-
(e) Construction of sidewalks shall be tion by resolution. The certified amount
completed prior to the issuance of the certificate shall constitute a sidewalk impact fee for
of occupancy or final inspection. Costs of construc- each property. The resolution shall be
tion shall be borne by the property owner. The duly recorded in the public records of
construction of the sidewalk shall be in accordance Brevard County, Florida, and shall run
with the provisions of section 98-92(t) of the with the land.
Code of Ordinances of the City. (4) The sidewalk impact fee shall be paid by
(f) Sidewalks contiguous with or a part of the the property owner prior to a certificate
bicycle path system shall provide for a smooth of occupancy or final inspection being
transition between surfaces. issued by the city for the property.
(g) Prior to the issuance of a certificate of (5) Prior to payment of the sidewalk impact
occupancy or final inspection for new develop fee, the property owner may petition the
ment or redevelopment, the city may, at its city council for a waiver or reduction of
discretion and expense,cause the construction of the sidewalk impact fee. The amount of
the sidewalk as would otherwise be required by any reduction or waiver shall be based on
this section and under the following conditions: the costs incurred by the property owner
to replace or modify the sidewalk caused
(1) Prior to the commencement of construc- by implementing a site plan approved by
tion, the city shall provide all owners of the city. The property owner shall be
real property abutting the proposed responsible for repairing, at the owner's
sidewalk with 30 days written notice of expense, any sidewalk which is damaged
the city's intent to construct the sidewalk by construction activities occurring on
and to impose a future impact fee on the the property.
property owners for the costs of the
sidewalk. Said notice shall provide a (6) In the event the property owner fails to
general description of the project, an pay the sidewalk impact fee pursuant to
estimated cost, and the date, time, and this section, the city shall have the right
place of the city council meeting at which to withhold any certificate of occupancy
the proposed project will be authorized. or final inspection for the property. The
At the meeting, affected property owners city shall also have the right to collect
will be allowed an opportunity to be the sidewalk impact fee in any manner
heard. provided by law and to levy interest at a
maximum rate allowed by law and penal-
(2) Upon completion of the sidewalk by the ties not to exceed 25 percent on past due
city, the city manager shall certify in amounts.
writing to the city council at a public (Code 1981, § 641.55; Ord. No. 13-97, § 3,
meeting the cost of constructing the 10-21-97; Ord. No. 08-2003, § 2, 3-18-03; Ord.
sidewalk. The certification shall No. 05-2015, § 2, 6-16-15)
proportionately allocate the cost of Cross reference—Streets, sidewalks and other public
construction to each parcel(s) of real places,ch. 66.
Supp. No. 25 CD110:64
ZONING § 110-478
L
Sec. 110-476. Dedicated public land. lite dish antenna over one meter or 39
Dedicated public streets, walkways, alleys, inches in diameter or on a mast in excess
or easements may be closed or of 12 feet in height without first obtain-
accessways
relocated as part of or in conjunction with any ing a permit from the building official.
private development phase upon an application (2) Prior to the issuance of any permit for
being made to the city council, after review of the erection, construction or installation
and recommendation from the planning and of any antenna, the building official shall
zoning board,and if the application is in the best require an approved design placement
interest of the city. However, the vacated land drawing and engineering specifications,
shall not be used as acreage for any density signed and sealed by an engineer licensed
calculations. Any request for vacating a dedicated in the state, to meet all city and state
public street, walkway, alley, accessway or ease- laws and ordinances relating to attach-
ment must be submitted no later than 30 days ment and anchoring to achieve compli-
prior to the planning and zoning board meeting ance with 110 mile per hour wind zone
at which it is to be considered. requirements as referred in Chapter 16,
(Code 1981, § 641.57) Section 1606 of the Standard Building
Cross references—Parks and recreation areas, ch. 54; Code.
streets,sidewalks and other public places,ch. 66.
(3) All materials that make up the installa-
Sec. 110-477. Dedicated public easement. tion of such antennas and supporting
structures shall be of a non-corrosive
No purported dedication of an easement to the material to prevent metal fatigue from
city shall be effective until it is accepted by the maintenance neglect.
Lo" city council, after review and recommendation
from the planning and zoning board. (4) No earth station antenna exceeding one
(Code 1981, § 641.58) meter or 39 inches in diameter shall be
mounted onto the top of side of any
Sec. 110-478. Residential use antennas/ single-family building duplex or triplex.
satellite dishes. (5) Earth satellite dish antennas in excess of
(a) Residential use antennas shall mean the one meter or 39 inches in diameter shall
residential or personal, noncommercial use of be allowed only in the rear or side yard in
any of the following: all zoning districts. Placement shall not
(1) A ground or building mounted receiver- be allowed in the front yard of any lot or
parcel in any zoning district. Compliance
only radio or TV antenna; with the side setback is required. The
(2) A ground- or building-mounted citizens rear setback should be complied with,
band radio antenna; except when compliance prevents instal-
(3) A ground- or building-mounted panel lations.
antenna with a face area of less than four (6) All electrical installations for the purpose
and one-half square feet; of erection of antennas shall be in
(4) A ground- or building-mounted satellite accordance with the electrical code
dish antenna less than ten feet in adopted in section 82-116 and all
diameter. applicable city ordinances. Installation
of all antennas shall not be within ten
(b) Installation of the foregoing antennas shall feet horizontally of any overhead power
comply with the following restrictions: transmission line.
(1) No owner, occupant or tenant of any (7) In all zones, ground-mounted earth sta-
residential use property shall erect, tion antennas shall be erected at the
(111100' construct or install any antenna,or satel- minimum height which allows satellite
Supp. No. 25 CD110:65
§ 110-478 CAPE CANAVERAL CODE
3
reception, not to exceed seven feet in R-1 Sec. 110-482. Underground utilities
and R-2 zones and 22 feet in all other required.
zones. The measurement shall be
calculated from the established grade to (a) Utility lines of all kinds,including,but not
the dish center. limited to,electrical service conductors,telephone,
(8) The maximum outside diameter allowed cable television, water, sewer, gas and reclaimed
for a dish receiver is ten feet, and only water shall be constructed and installed beneath
one satellite dish antenna exceeding one the surface of the ground and in compliance with
meter or 39 inches in diameter shall be all applicable laws and ordinances. Primary
allowed on any lot or parcel of land. facilities providing service to the site and lead-
(9) Any ground placed antenna drive ing to the site from franchised utilities shall be
mechanism, less than six feet high to its placed underground. It shall be the property
lowest point, shall be fenced or screened owner's/developer's responsibility to make the
by a six-foot high fence at least 80 percent necessary arrangements with each utility in
opaque at its base. accordance with that utility's established poli-
(Ord. No. 9-97, § 2, 9-2-97) cies. Installation of incidental appurtenances
such as transformer boxes, pedestal mounted
Sec. 110-479. Sewage disposal. boxes for electricity, or similar service hardware
necessary for the provision of electric and corn-
No building permit shall be issued unless munication utilities shall not be required to be
provisions are included to connect into the city's placed underground, although screening of such
sewage collection system, except for single- appurtenances by the use of vegetation is required.
family residences which shall otherwise comply
with section 78-26 et seq. pertaining to sewers (b) Underground construction and installa-
and other applicable ordinances and regulations. tion of utility lines shall also be required in
(Code 1981, § 641.45) conjunction with the substantial renovation of
Cross reference—Sanitary sewer system,§78-26 et seq.
any existing building or the redevelopment of
Sec. 110-480. Atomic energy uses. any property. For purposes of this subsection, a
"substantial renovation" occurs when the build-
All atomic energy uses shall meet the standards ing permit value of the renovations exceeds 50
established by and have the approval of the state percent of the fair market value of the existing
board of health and the Nuclear Regulatory improvements on the property, as established by
Commission. In addition,such uses shall require the Brevard County Property Appraiser or by a
the approval of the city council, which shall act licensed appraiser, whichever is greater.
only after receiving written recommendations
from the city engineer and the planning and
zoning board. (c) The city recognizes that certain existing
(Code 1981 § 641.51) physical elements on some properties may impose
' unreasonable hardships on a property owner's/
Sec. 110-481. Building required for com- developer's ability to comply with the under-
grounding requirements of this section. Such
mercial uses. physical elements may include,but are not limited
All commercial uses shall provide at least the to,soil or topographical conditions,existing build-
minimum size building required for the district ings, swimming pools and large trees. Upon
in which the use is to be located. The building confirmation of these hardships by the appropri-
shall contain plumbing facilities adequate to ate utility company and the city building official
serve the needs of the customers and employees and public works director, the city manager may
of the commercial use. waive the undergrounding requirement, or may
(Code 1981, § 641.53) allow the waiver of one (1) required parking
Cross reference—Building code, §82-31 et seq. space to be used for the required pad mounted
Supp. No. 25 CD110:66
ZONING § 110-483
L
transformer and switch gear when the proposed similar alternative-design mounting structures
development calls for more than ten(10)parking that camouflage or conceal the presence of anten-
spaces. nas or towers.
(Ord. No. 6-97,§ 1,5-6-97;Ord. No. 13-2009,§2,
12-15-09) Antenna means any exterior transmitting or
receiving device mounted on a tower, building or
structure and used in communications that radi-
Sec. 110-483. Wireless communications ate or capture electromagnetic waves, digital
towers and antennas. signals,analog signals,radio frequencies(exclud-
1. Purpose. The purpose of this section is to ing radar signals), wireless telecommunications
establish general guidelines for the siting of signals or other communication signals.
wireless communications towers and antennas. Backhaul network means the lines that con-
The goals of this section are to: (1) protect nect a provider's towers/cell sites to one or more
residential areas and land uses from potential cellular telephone switching offices, and/or long
adverse impacts of towers and antennas; (2) distance providers, or the public switched
restrict the location of towers to non-residential telephone network.
areas; (3) minimize the total number of towers
throughout the community; (4) strongly encour- Collocation means the location of two or more
age the joint use of new and existing tower sites antennas on a single tower or structure.
as a primary option rather than construction of FAA means the Federal Aviation Administra-
additional single-use towers;(5)encourage users tion.
of towers and antennas to locate them, to the
extent possible, in areas where the adverse FCC means the Federal Communications Com-
impact on the community is minimal;(6)encour- mission.
age users of towers and antennas to configure
them in a way that minimizes the adverse visual Height means, when referring to a tower or
impact of the towers and antennas through antenna,the distance measured from the finished
careful design, siting, landscape screening, and grade of the parcel to the highest point on the
innovative camouflaging techniques;(7)enhance tower or antenna, including the base pad and
the ability of the providers of telecommunica- antenna.
tions services to provide such services to the Nonconforming towers and nonconforming
community quickly, effectively, and efficiently; antennas means any tower or antenna for which
(8) consider the public health and safety and a building permit, special exception, or other
welfare and the safety of communication towers; development order has been properly issued by
and(9)avoid potential damage to adjacent proper- the city prior to the effective date of this section,
ties from tower failure through engineering and including permitted towers or antennas that
careful siting of tower structures. In furtherance have not yet been constructed so long as such
of these goals, the City of Cape Canaveral shall approval is current and not expired.
give due consideration to the regulations of this
section, the City of Cape Canaveral's Personal communication services is a relatively
comprehensive plan, zoning map and regula- new technology of wireless voice, video and data
tions, existing land uses, and environmentally communication systems which are licensed by
sensitive areas in approving sites for the location the Federal Communications Commission over
of towers and antennas. two new frequency bans as defined in the Federal
Telecommunications Act of 1996.
2. Definitions. As used in this section, the
following terms shall have the meanings set Tower means any structure that is designed
forth below: and constructed primarily for the purpose of
supporting one or more antennas for telephone,
Alternative tower structure means man-made radio and similar communication purposes,includ
trees, clock towers, bell steeples, light poles and ing self-supporting lattice towers, guyed towers,
Supp. No. 25 CD110:67
§ 110-483 CAPE CANAVERAL CODE
j
or monopole towers. The term includes radio and (e) Residential use antennas. This section
television transmission towers,microwave towers, shall not govern the installation of televi-
common-carrier towers,cellular telephone towers, sion satellite antennas or other antennas
alternative tower structures, and the like. The used solely in conjunction with residential
term includes the structure and any support and use as defined and regulated by section
appurtenances thereto. 110-478 of the Code of Ordinances of the
City of Cape Canaveral, Florida.
Wireless communication is the transmission
and reception of voice, data or video transmis 4. General requirements.
sion via radio frequency (RF) signals through (a) Principal or accessory use. Antennas and
electromagnetic energy. towers may be considered either principal
or accessory uses. A different existing
3. Applicability. use of an existing structure on the same
(a) New towers and antennas.All new towers lot shall not preclude the installation of
or antennas in Cape Canaveral shall be an antenna or tower on such lot.
subject to these regulations, except as (b) Lot size. For purposes of determining
provided in paragraphs 3.(b)through(e), whether the installation of a tower or
inclusive. antenna complies with zoning district
development regulations, including but
(b) Amateur radio station operators/receive not limited to setback requirements, lot-
only antennas. This section shall not coverage requirements, and other such
govern any tower, or the installation of requirements,the dimensions of the entire
any antenna, that is under 70 feet in lot shall control, even though the anten-
height and is owned and operated by a nas or towers may be located on leased
federally-licensed amateur radio station parcels within such lot.
operator or is used exclusively for receive
only antennas. (c) Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide
(c) Nonconforming towers or antennas. to the building official an inventory of its
Nonconforming towers and nonconform- existing towers, antennas, or sites
ing antennas shall not be required to approved for towers or antennas, that
meet the requirements of this section, are either within the jurisdiction of the
other than the requirements of paragraphs City of Cape Canaveral or within one
4.(f) and 4(g). mile of the border thereof, including
specific information about the location,
(d) AM array. For purposes of implementing height, and design of each tower. The
this section, an AM array, consisting of building official may share such informa-
one or more tower units and supporting tion with other applicants applying for
ground system which functions as one administrative approvals or special excep-
AM broadcasting antenna, shall be tions under this section or other organza-
considered one tower. Measurements for tions seeking to locate antennas within
setbacks and separation distances shall the jurisdiction of Cape Canaveral,
be measured from the outer perimeter of provided,however that the building official
the towers included in the AM array. is not, by sharing such information, in
Additional tower units may be added any way representing or warranting that
within the perimeter of the AM array by such sites are available or suitable.
right. For purposes hereunder, AM or
amplitude modulation shall be defined (d) Aesthetics. Towers and antennas shall
as the encoding of a carrier wave by meet the following requirements:
variation of its amplitude in accordance (1) Towers shall either maintain a
with an input signal. galvanized steel finish or, subject to
Supp. No. 25 CD110:68
ZONING § 110-483
cre,
any applicable standards of the FAA, the owner of a tower shall ensure that it
be painted a neutral color so as to is maintained in compliance with
reduce visual obtrusiveness. standards contained in applicable state
(2) At a tower site, the design of the or local building codes and the applicable
buildings and related structures standards for towers that are published
shall, to the extent possible, use by the Electronic Industries Association,
materials, colors, textures, screen- as amended from time to time. If, upon
ing,and landscaping that will blend inspection, the City of Cape Canaveral
them into the natural setting and concludes that a tower fails to comply
surrounding buildings. with such codes and standards and
constitutes a danger to persons or
(3) If an antenna is installed on a property,then upon notice being provided
structure other than a tower, the to the owner of the tower,the owner shall
antenna and supporting electrical have 30 days to bring such tower into
and mechanical equipment must be compliance with such standards. Failure
of a neutral color that is identical to bring such tower into compliance within
to, or closely compatible with, the said 30 days shall constitute grounds for
color of the supporting structure so the removal of the tower or antenna at
as to make the antenna and related the owner's expense.
equipment as visually unobtrusive
as possible. (h) Measurement. For purposes of measure-
ment, tower setbacks and separation
(e) Lighting. Towers shall not be artificially distances shall be calculated and applied
lighted, unless required by the FAA or to facilities located in Cape Canaveral
Crie other applicable authority. If lighting is irrespective of municipal and county
required, the lighting alternatives and jurisdictional boundaries.
design chosen must cause the least
disturbance to the surrounding views. (i) Not essential services. Towers and anten-
nas shall be regulated and permitted
(f) State or federal requirements. All towers pursuant to this section and shall not be
must meet or exceed current standards regulated or permitted as essential
and regulations of the FAA,the FCC,and services, public utilities, or private utili-
any other agency of the state or federal ties.
government with the authority to regulate
towers and antennas. If such standards (j) Franchises. Owners and/or operators of
and regulations are changed, then the towers or antennas shall certify that all
owners of the towers and antennas franchises required by law for the
governed by this section shall bring such construction and/or operation of a wire-
towers and antennas into compliance less communication system in Cape
with such revised standards and regula- Canaveral have been obtained and shall
tions within six months of the effective file a copy of all required franchises with
date of such standards and regulations, the building official prior to issuance of a
unless a different compliance schedule is building permit.
mandated by the controlling state or
federal agency. Failure to bring towers (k) Public notice. For purposes of this sec-
and antennas into compliance with such tion, any special exception request, vari
revised standards and regulations shall ance request, or appeal of an
constitute grounds for the removal of the administratively approved use shall
tower or antenna at the owner's expense. require public notice to all abutting
property owners and all property owners
Lioe (g) Building codes; safety standards. To of properties that are located within the
ensure the structural integrity of towers, corresponding separation distance listed
Supp. No. 25 CD110:68.1
§ 110-483 CAPE CANAVERAL CODE
j
in paragraph 7.(b)(5)(ii),Table 2,in addi- Official providing the information
tion to any notice otherwise required by set forth in subsections 7.(b)(1) and
local and state law. 7.(b)(3) of this section and a
(1) Signs. No signs as defined in Section nonrefundable fee as established by
94-1 shall be allowed on an antenna or the city council to reimburse Cape
tower. Canaveral for the costs of reviewing
the application.
(m) Buildings and support equipment. Build-
ings and support equipment associated
with antennas or towers shall comply (3) The building official shall review
with the requirements of subsection 8. the application for administrative
approval and determine if the
(n) Multiple antenna/tower plan. Cape proposed use complies with subsec-
Canaveral encourages the users of towers tions 4., 7.(b)(4) and 7.(b)(5) of this
and antennas to submit a single applica- section.
tion for approval of multiple towers and/or
antenna sites. Applications for approval
of multiple sites shall be given priority in (4) The building official shall respond
the review process. to each such application within 60
days after receiving a fully completed
(o) Height of towers. The maximum height of application by either approving or
any tower to be constructed in the City of Cape denying the application. If the build-
Canaveral shall be 230 feet, provided, however, ing official fails to respond to the
said tower may be increased in height only once applicant within said 60 days, then
pursuant to Paragraph 6.(b)(1)(b)(ii) hereof. the application shall be deemed to
J
5. Permitted uses. be approved.
(a) General.The uses listed in this paragraph
are deemed to be permitted uses and (5) In connection with any such
shall not require administrative approval administration approval, the build
or a special exception. ing official may, in order to encour-
age shares use, administratively
(b) Permitted uses. The following uses are waive any zoning district setback
specifically permitted: requirements in subsection 7(b)(4)
Antennas or towers located on property or separation distances between
owned,leased,or otherwise controlled by towers in subsection 7(b)(5).
the City of Cape Canaveral provided a
license, lease, or approval authorizing (6) In connection with any such
such antenna or tower has been approved administrative approval, the build-
by the City Council of Cape Canaveral. ing official may, in order to encour-
6. Administratively approved uses. age the use of monopoles,
(a) General. The following provisions shall administratively allow the
govern the issuance of administrative reconstruction of an existing tower
approvals by the building official for to monopole construction.
towers and antennas.
(1) The Building Official may (7) If an administrative approval is
denied, the applicant shall file an
administratively approve the uses application for a special exception
listed in this paragraph 6. pursuant to paragraph 7. prior to
(2) Each applicant for administrative filing any appeal that may be avail-
approval shall apply to the Building able under the zoning ordinance.
Supp. No. 25 CD110:68.2
ZONING § 110-483
L
(b) List of administratively approved uses. unless the building official
The following uses may be approved by allows reconstruction as
the building official after conducting an a monopole.
administrative review: (ii) Height.
(1) Locating antennas on existing (a) An existing tower
structures or towers consistent with may be modified or
the terms of subparagraphs (a) and rebuilt to a taller
(b) below. height,not to exceed
30 feet over the
(a) Antennas on existing structures. tower's existing
Any antenna which is not height, to accom
attached to a tower may be modate the colloca-
approved by the building official tion of an additional
as an accessory use to any antenna.
commercial,industrial,profes-
sional, institutional, or multi (b) The height change
family structure of eight or referred to in
more dwelling units, provided: subparagraph (ii)(a)
may only occur one
(i) The antenna does not
time per communica-
extend more than 30 feet tion tower.
above the highest point of
the structure; (c) The additional
height referred to in
(ii) The antenna complies subparagraph (ii)(a)
with all applicable FCC shall not require an
and FAA regulations;and additional distance
(iii) The antenna complies separation as set
with all applicable build- forth in paragraph
ing codes. 7. The tower's pre-
(b) Antennas on existing towers. modification height
An antenna which is attached shall be used to
to an existing tower may be calculate such
approved by the building official distance separations.
and,to minimize adverse visual (iii) Onsite location.
impacts associated with the (a) A tower which is
proliferation and clustering of being rebuilt that
towers, collocation of antennas will accommodate
by more than one carrier on collocation of
existing towers shall take additional antennas
precedence over the construe- may be moved onsite
tion of new towers, provided within one hundred
such collocation is accomplished (100)feet of its exist-
in a manner consistent with ing location.
the following: (b) After the tower is
(i) A tower which is modified rebuilt to accom-
or reconstructed to accom- modate collocation,
modate the collocation of only one tower may
an additional antenna remain on the site.
shall be of the same tower (c) A relocated onsite
type as the existing tower, tower shall continue
Supp. No. 25 CD110:68.3
§ 110-483 CAPE CANAVERAL CODE
3
to be measured from (a) General. The following provisions which
the original tower shall govern the issuance of special excep-
location for purposes tions for towers or antennas:
of calculating separa- (1) If the tower or antenna is not a
tion distances permitted use under paragraph 5.
between towers of this section or permitted to be
pursuant to approved administratively pursu-
subparagraph ant to paragraph 6. of this section,
7.(b)(5). The reloca- then the construction of a tower or
tion of a tower the placement of an antenna is only
hereunder shall in no permitted on real property with an
way be deemed to M-1 zoning district designation.
cause a violation of (2) Applications for special exceptions
subparagraph under this paragraph shall be subject
7.(b)(4) or 7.(b)(5). to any applicable procedures and
(d) The onsite reloca- requirements of the zoning
tion of a tower which ordinance, except as modified in
comes within the this paragraph.
separation distances (3) In granting a special exception, the
to residential units board of adjustment may impose
or residentially conditions to the extent the board of
zoned lands as adjustment concludes such condi-
established in tions are necessary to minimize any
subparagraphs adverse effect of the proposed tower
7.(b)(4) and 7.(b)(5) on adjoining properties.
shall only be permit- (4) Any information of an engineering
ted when approved nature that the applicant submits,
by the building whether civil,mechanical,or electri-
official. cal, shall be certified by a licensed
professional engineer.
(2) Installing a cable microcell network (5) An applicant for a special exception
through the use of multiple low- shall submit the information
powered transmitters/receivers described both in this paragraph
attached to existing wireline systems, and section 110-46 and a non-
such as conventional cable or refundable fee as established by the
telephone wires, or similar technol- city council to reimburse Cape
ogy that does not require the use of Canaveral for the costs of reviewing
towers. the application.
(3) Antennas located on existing sites (b) Towers.
at grade level subject to compliance (1) Information required. In addition to
with separation distances as any information required for applica-
established in paragraph 7.(b)(5), tions for special exceptions pursu-
compliance with all adopted build- ant to the zoning ordinance,
ing codes and adequate screening applicants for a special exception
from adjacent property and city for a tower shall submit the follow-
rights-of-ways. ing information:
(i) A scaled site plan (no greater
7. Special exceptions(M-1 zoning district only). than one inch to 50 feet)clearly
Supp. No. 25 CD110:68.4
ZONING § 110-483
Lie
indicating the location, type (viii) A notarized statement by the
and height of the proposed applicant as to whether
tower, on-site land uses and construction of the tower will
zoning, adjacent land uses and accommodate collocation of
zoning (including when additional antennas for future
adjacent to other municipali- users.
ties),Comprehensive Plan clas-
sification of the site and all (ix) Identification of the entities
properties within the applicable providing the backhaul network
separation distances set forth for the tower(s) described in
in paragraph 7.(b)(5), adjacent the application and other cel-
roadways, proposed means of lular sites owned or operated
access, setbacks from property by the applicant in the
lines,elevation drawings of the municipality.
proposed tower and any other (x) A description of the suitability
structures, topography, park- of the use of existing towers,
ing, and other information other structures or alternative
deemed by the building official technology not requiring the
to be necessary to assess use of towers or structures to
compliance with this section. provide the services to be
(ii) Legal description of the parent provided through the use of
tract and leased parcel (if the proposed new tower.
applicable). (xi) A description of the feasible
(iii) The setback distance between location(s) of future towers or
csre the proposed tower and the antennas within Cape
nearest residential unit, plat- Canaveral based upon existing
ted residentially zoned proper- physical, engineering,
ties,and unplatted residentially technological or geographical
zoned properties. limitations in the event the
(iv) The separation distance from proposed tower is erected.
other towers described in the
inventory of existing sites (2) Factors considered in granting special
submitted pursuant to exceptions for towers. In addition to
paragraph 4.(c)shall be shown any standards for consideration of
on an updated site plan or special exception applications pursu-
map. The applicant shall also ant to the zoning ordinance, the
identify the type of construc board of adjustment shall consider
tion of the existing tower(s) the following factors in determining
and the owner/operator of the whether to issue a special excep
existing tower(s), if known. tion, although the board of adjust-
(v) A landscape plan showing ment may waive or reduce the
specific landscape materials. burden on the applicant of one or
(vi) Method of fencing,and finished more of these criteria if the board of
color and, if applicable, the adjustment concludes that the goals
method of camouflage and of this section are better served
illumination. thereby:
(vii) A description of compliance with (i) Height of the proposed tower;
paragraphs 4.(c), (d), (e), (f), (ii) Proximity of the tower to
(g), (j), (1), and (m), 7(b)(4), residential structures and
7(b)(5) and all applicable residential district boundar
federal, state or local laws. ies;
Supp. No. 25 CD110:68.5
§ 110-483 CAPE CANAVERAL CODE
J
(iii) Nature of uses on adjacent and (ii) Existing towers or structures
nearby properties; are not of sufficient height to
(iv) Surroundingtopography; meet applicant's engineering
requirements.
(v) Surrounding tree coverage and (iii) Existing towers or structures
foliage; do not have sufficient structural
(vi) Design of the tower, with strength to support applicant's
particular reference to design proposed antenna and related
characteristics that have the equipment.
effect of reducing or eliminat- (iv) The applicant's proposed
ing visual obtrusiveness; antenna would cause
(vii) Proposed ingress and egress; electromagnetic interference
and with the antenna on the exist-
ing towers or structures,or the
(viii) Availability of suitable exist- antenna on the existing towers
ing towers,other structures,or or structures would cause
alternative technologies not interference with the
requiring the use of towers or applicant's proposed antenna.
structures, as discussed in (v) The fees, costs, or contractual
paragraph 7.(b)(3) of this sec- provisions required by the
tion. owner in order to share an
(3) Availability of suitable existing existing tower or structure or
towers, other structures, or alterna to adapt an existing tower or
tive technology. No new tower shall structure for sharing are
be permitted unless the applicant unreasonable. Costs exceeding
demonstrates to the reasonable new tower development are
satisfaction of the board of adjust presumed to be unreasonable.
ment that no existing tower, (vi) The applicant demonstrates
structure or alternative technology that there are other limiting
that does not require the use of factors that render existing
towers or structures can accom- towers and structures unsuit-
modate the applicant's a proposed able.
antenna. An applicant shall submit (vii) The applicant demonstrates
information requested by the board that an alternative technology
of adjustment related to the avail- that does not require the use of
ability of suitable existing towers, towers or structures, such as a
other structures or alternative cable microcell network using
technology. Evidence submitted to multiple low-powered transmit-
demonstrate that no existing tower, ters/receivers attached to a
structure or alternative technology wireline system, is unsuitable.
can accommodate the applicant's Costs of alternative technology
proposed antenna may consist of that exceed new tower or
any of the following: antenna development shall not
(i) No existing towers or structures be presumed to render the
are located within the technology unsuitable.
geographic area which meet (4) Setbacks. The following setback
applicant's engineering require- requirements shall apply to all
ments. towers for which a special exception
Supp. No. 25 CD110:68.6
ZONING § 110-483
(1111b,'
is required; provided, however, that percent of the height of the
the board of adjustment may reduce tower from any adjoining lot
the standard setback requirements line.
if the goals of this section would be (ii) Guys and accessory buildings
better served: must satisfy the minimum
(i) Towers must be set back a zoning district setback
distance equal to at least 75 requirements.
(5) Separation. The following separation requirements shall apply to all towers and antennas
for which a special exception is required;provided, however, that the board of adjustment
may reduce the standard separation requirements if the goals of this section would be
better served thereby.
(i) Separation from off-site uses/designated areas.
(a) Tower separation shall be measured from the base of the tower to the lot line of
the off-site uses and/or designated areas as specified in Table 1, except as
otherwise provided in Table 1.
(b) Separation requirements for towers shall comply with the minimum standards
established in Table 1.
Table 1
Lio„, Off-Site Use I Designated Area Separation Distance
Single-family or duplex residential 200 feet or 300 percent height of tower
units whichever is greater
Vacant single-family or duplex 200 feet or 300 percent height of tower2
residentially zoned land which is whichever is greater
either platted or has preliminary
subdivision plan approval which is
not expired
Vacant unplatted residentially zoned 200 feet or 300 percent height of tower
lands3 whichever is greater
Existing multi-family residential 200 feet or 300 percent height of tower
units greater than duplex units whichever is greater
Non-residentially zoned lands or non- None; only setbacks apply
residential uses
Highway AlA 200 feet or 100 percent height of tower
whichever is greater
llncludes modular homes and mobile homes used for living purposes.
2Separation measured from base of tower to closest building setback line.
3lncludes any unplatted residential use properties without a valid preliminary
subdivision plan or valid development plan approval and any multi-family
residentially zoned land greater than duplex.
(ii) Separation distances between towers.
(a) Separation distances between towers shall be applicable for and measured
between the proposed tower and preexisting towers. The separation distances
shall be measured by drawing or following a straight line between the base of
Supp. No. 25 CD110:68.7
§ 110-483 CAPE CANAVERAL CODE
3
the existing tower and the proposed base, pursuant to a site plan, of the
proposed tower. The separation distances (listed in linear feet) shall be as
shown in Table 2.
(b) Table 2:
Table 2:Existing Towers—Types
Monopole Monopole
75 Ft in Less Than
Height or 75 Ft in
Lattice Guyed Greater Height
Lattice 5,000 ft 5,000 ft 1,500 ft 750 ft
Guyed 5,000 ft 5,000 ft 1,500 ft 750 ft
Monopole 75 Ft in Height 1,500 ft 1,500 ft 1,500 ft 750 ft
or Greater
Monopole Less Than 75 Ft 750 ft 750 ft 750 ft 750 ft
in Height
(6) Security fencing. Towers shall be (ii) In locations where the visual
enclosed by security fencing not less impact of the tower would be
than six feet in height and shall minimal, the landscaping
also be equipped with an appropri- requirement may be reduced
ate anti-climbing device; provided or waived by the board of
however, that the board of adjust- adjustment if the goals of this
ment may waive such requirements, section would be better served
if the goals of this section are better thereby.
served thereby and the public health, (iii) Existing mature tree growth
safety, and welfare is not adversely and natural land forms on the
affected by such waiver. site shall be preserved to the
maximum extent possible. In
(7) Landscaping. In addition to any
some cases,such as towers sited
other applicable landscaping require- on large, wooded lots, natural
ments in the zoning ordinance, the growth around the property
following requirements shall also perimeter may be sufficient
govern the landscaping surround- buffer.
ing towers for which a special excep-
tion is required; provided, however, 8. Equipment cabinets and accessory structures.
that the board of adjustment may (a) Antennas mounted on structures or
waive such requirements if the goals rooftops. The equipment cabinets or
of this section would be better served structures used in association with anten-
thereby. nasushall comply with the following:
(i) Tower facilities shall be (1) The cabinet or structure shall not
landscaped with a buffer of contain more than 36 square feet of
plant materials that effectively gross floor area or be more than six
screens the view of the tower feet in height.
compound from property used
for residences. The standard (2) Equipment storage buildings or
buffer shall consist of a cabinets shall comply with all
landscaped strip at least four applicable building codes.
feet wide outside the perimeter (b) Antennas mounted on utility poles or
of the compound. light poles. The equipment cabinet or
Supp. No. 25 CD 110:68.8
ZONING § 110-483
L
structure used in association with anten- (b) Preexisting towers. Nonconforming towers
nas shall be located in accordance with or antennas shall be allowed to continue
the following: their usage as they presently exist.
Routine maintenance shall be permitted
(1) In residential districts, the equip- on such nonconforming towers or anten-
ment cabinet or structure may be nas. New construction other than routine
located: maintenance on a nonconforming tower
(i) In a rear or side yard provided or antenna shall comply with the require-
the cabinet or structure is no ments of this section.
greater than six feet in height (c) Rebuilding damaged or destroyed
or 36 square feet of gross floor nonconforming towers or antennas.
area and shall otherwise Notwithstanding paragraph 9.,bona fide
conform to the requirements of nonconforming towers or antennas that
section 110-468 as an acces- are damaged or destroyed may be rebuilt
sory structure. without having to first obtain administra-
(ii) The structure or cabinet shall tive approval or a special exception and
without having to meet the separation
be screened from view. requirements specified in paragraphs
(2) In commercial or industrial districts 7(b)(4) and 7(b)(5). The type, height, and
the equipment cabinet or structure location of the tower onsite shall be of the
shall be no greater than six feet in same type and intensity as the original
height or 36 square feet in gross facility approval. Building permits to
floor area and shall otherwise rebuild the facility shall comply with the
(111100." conform to the requirements of sec then applicable building codes and shall
tion 110-468 as an accessory be obtained within 180 days from the
structure. The structure or cabinet date the facility is damaged or destroyed.
shall be screened from view. If no permit is obtained or if said permit
expires, the tower or antenna shall be
9. Removal of abandoned antennas and towers. deemed abandoned as specified in
Any antenna or tower that is not operated for a paragraph 9.
continuous period of 12 months shall be considered (d) Collocation. To accommodate collocation,
abandoned, and the owner of such antenna or nonconforming towers may add additional
tower shall remove the same within 90 days of antennas (belonging to the same carrier
receipt of notice from the City of Cape Canaveral or other carrier) subject to administra-
notifying the owner of such abandonment. Failure tive review pursuant to paragraph 6. of
to remove an abandoned antenna or tower within this section.
said 90-day shall be grounds to remove the tower (e) Repair. Nothing in this section shall be
or antenna at the owner's expense. If there are deemed to prevent the strengthening or
two or more users of a single tower, then this restoring to a safe condition of any
provision shall not become effective until all nonconforming tower or antenna or part
users cease using the tower. thereof declared to be unsafe by the
building official or any other city official
10. Nonconforming uses. authorized to protect the public, health,
(a) Not expansion of nonconforming use. safety, and welfare.
Towers or antennas that are constructed, 11. Nonconforming towers shall be allowed to
and antennas that are installed, in be rebuilt and relocated elsewhere on the exist-
accordance with the provisions of this ing site with administrative approval of the
section shall not be deemed to constitute building official under the following conditions:
Lre the expansion of a nonconforming use or (a) The tower does not exceed the maximum
structure. height allowed in 110-483, 4(o).
Supp. No. 25 CD110:68.9
§ 110-483 CAPE CANAVERAL CODE
J
(b) The tower does not reduce the existing closer than two and one-half feet from
setback from residentially zoned property. any property line,fence or other structure.
(c) The tower does not reduce the existing (4) The EPMG shall not be installed in an
separation distances from other existing easement.
towers. (5) The EPMG shall be fastened to a
(d) The tower includes the provision for the minimum three-and-one-half-inch-thick
collocation of antennas. concrete pad or manufacturer-approved
(e) The tower is designed to be less intrusive pad.
than the existing tower. (6) Exhaust termination shall be located as
(f) The existing tower is removed within 30 prescribed within the technical codes
days of completion of the new tower. referenced in chapter 82 of this Code.
(Ord. No. 8-97, § 2, 9-2-97; Ord. No. 22-98, § 1, (7) The EPMG shall be situated near the
7-7-98; Ord. No. 28-98, §§ 1-5, 9-15-98) existing electrical service entrance of the
structure and screened from public view.
Sec. 110-484. Emergency pad-mounted
generators. (8) Permanent signage shall be placed at the
service entrance equipment indicating
(a) The term"emergency pad-mounted genera- the type and location of the EPMG.
tors" ("EPMG") shall mean the residential or (9) For EPMGs that produce a carbon-type
commercial use of a ground-mounted standby exhaust, a permanently wired carbon-
generator system to be utilized in emergency type exhaust sensor, with a battery
power outage situations. backup, shall be located within the
(b) This section refers to EPMGs serving public, residence served. The location shall be
government or private facilities where life safety approved by the building official.
does not depend on the performance of the (10) One side setback on the property shall
system. remain open space in accordance with
(c) All EPMG units and installations must this Code.
meet all the requirements of this Code,as well as (Ord. No. 15-2005, § 2, 9-20-05)
all other appropriate technical codes and any
applicable manufacturer specifications. Sec. 110-485. Liquefied petroleum gas.
(d) The EPMG may only be used in emergency The tank capacity for storage of liquefied
situations where there is a power outage. petroleum gas for distribution purposes shall not
exceed 1,000 total gallons per lot of record. To
(e) Testing, diagnostic and maintenance the extent that this section conflicts with a more
procedures may only occur during daylight hours restrictive provision of any applicable fire safety
between 8:00 a.m. and 5:00 p.m. at a maximum code or law,the more restrictive code or law shall
of once per week. apply. For purposes of this section, the term "lot
(f) Installation of an EPMG shall comply with of record" shall have the same meaning set forth
the following restrictions: in section 110-1 and shall also include a combina-
tion of contiguous lots of record that are either
(1) A permit shall be obtained from the under single ownership, unified in title, or used
building official prior to any installation. for common development purposes.
(2) The installation shall meet all applicable (Ord. No. 01-2007, § 2, 2-20-07)
building, electrical and technical codes.
(3) The EPMG shall not encroach more than Sec. 110-486. Vacation rentals.
five and one-half feet into any required Nothing contained in the City Code shall be
setback, and in no case shall be any construed as prohibiting the use of any dwelling
Supp. No. 25 CD110:68.10
ZONING § 110-488
unit as a 'vacation rental," as defined by F.S. ch. (3) Each enclosure shall include a
509. Vacation rentals shall comply with the decorative opaque gate that is a
minimum seven-day rental restriction pursuant minimum of six feet in height,
to section 110-487 of the City Code and shall be measured above finished grade.
governed by F.S. ch. 509, the Florida Building (4) Each dumpster enclosure shall be
Code and the Florida Fire Prevention Code. constructed as one of the following:
(Ord. No. 04-2007,§2,6-19-07;Ord. No. 02-2011,
§ 2, 5-17-11; Ord. No. 06-2012, § 2, 4-17-12) (A) A masonry wall at a minimum
of six feet in height, measured
from finished grade. The
Sec. 110-487. Rental restrictions on dwell- masonry wall shall be
ing units. decoratively finished concrete
It shall be unlawful for any person to rent a masonry unit,brick,stucco,pre-
dwelling for less than seven consecutive days in cast panels, split-face block or
any zoning district, excluding hotels and motels other material matching the
under subsection 110-332(4), vacation rentals in exterior of the principal build-
the C-1 zoning district, and a vacation resort ing.
campus under section 110-490.1. (B) A combination of fencing and
(Ord. No. 04-2007,§2,6-19-07;Ord. No. 06-2012, landscape buffer. Fencing shall
§ 2, 4-17-12; Ord. No. 10-2013, § 2, 7-16-13) be fabricated from aluminum,
wrought iron, vinyl, brick, or
Sec. 110-488. Assisted living facilities. other approved materials. The
landscape buffer shall be a
Assisted living facilities may only be permit- minimum of five feet in width,
(11bilro' ted in the R-3, C-1 and C-2 zoning districts a minimum of three feet in
subject to the following minimum requirements: height, 50 percent opaque at
(a) Front, side and rear setbacks shall be a planting and capable of attain-
minimum of 25 feet; setbacks from ing a height of six feet and 75
adjacent residential lot lines shall be a percent opaqueness within 24
minimum of 50 feet. months.
(b) Minimum lot area shall be five acres. (5) The dumpster shall be located so as
to facilitate pickup by solid waste
(c) Each assisted living facility unit shall collection agencies.
contain minimum living area of 400 square
feet for single bed units and 700 square (6) The dumpster enclosure shall not
be placed in drainage flow areas.
feet for double bed units.
(7) Adequate reinforced paved areas
(d) Loading docks and dumpster areas shall shall be provided for the dumpster
conform to the following: and their approaches for loading
(1) Loading docks and dumpster areas and unloading.
shall be directed away from any (8) No part of a dumpster or materials
residential development adjacent to stored within the screen area shall
the assisted living facility. extend above the dumpster
(2) Dumpsters shall be visually screened enclosure.
from public view from an adjacent (9) Chain link, painted or unpainted
public right-of-way or residential block walls, barbed wire and wood
development by fully enclosed screen- are prohibited as part of a dumpster
ing that is a minimum of six feet in enclosure.
height, measured above finished (Ord. No. 17-2010, § 2, 11-16-10; Ord. No.
cov,
grade. 02-2016, § 2, 7-19-16)
Supp. No. 25 CD110:68.11
§ 110-489 CAPE CANAVERAL CODE
Sec. 110-489. Pain management clinic and ment clinic and/or each medical marijuana
medical marijuana treatment treatment center regardless of the
center regulations.* municipal boundaries of the city.
(d) Separation requirements from schools,
Pain management clinics and medical churches and daycare facilities. No pain
marijuana treatment centers may only be permit- management clinic or medical marijuana
ted by special exception in the C-1, C-2 and M-1 treatment center shall be permitted to
zoning districts,subject to the general conditions locate within 1,000 feet of any public or
for special exceptions and subject to the follow- private school,church,or daycare facility
ing requirements: and no public or private school, church,
or daycare facility shall be permitted to
(a) State registration. Pain management din- locate within 1,000 feet of a pain manage-
ics and medical marijuana treatment ment clinic or medical marijuana treat-
centers must be registered with the state ment center.
if required by Florida law. If registration
is required by state law, then proof of (e) Hours of operation. Pain management
registration, application for registration clinics and medical marijuana treatment
or letter of exemption must be provided centers shall only be permitted to oper-
with the special exception application for ate between the hours of 9:00 a.m. and
the pain management clinic or medical 7:00 p.m., Monday through Friday, and
marijuana treatment center. 9:00 a.m. to 12:00 p.m. on Saturday.
(f) Requirement for indoor operation and
(b) Pain management clinic licensing. Each prohibition on loitering. There shall be
pain management clinic shall be oper- no
ated by a medical director who is a
Florida-licensed physician, board-certi-
fied in pain medicine, and who shall be
responsible for complying with all require-
ments related to registration and opera-
tion of the clinic. The designated physician
must have a full, active, and
unencumbered license under F.S. ch. 458
or ch. 459,and shall practice at the clinic
location for which the physician has
assumed responsibility. Within ten days
after termination or absence of the medi-
cal director, the clinic must notify the
city of the identity of another medical
director for the clinic.
(c) Separation requirements from similar
uses. There shall be no less than one-half-
mile distance between each pain manage-
*Editor's note—Section 6 of Ord. No. 09-2014, adopted
Sept. 16,2014,states:This ordinance shall become effective
immediately upon passage and adoption by the city council,
however,the opening and/or operating of a medical marijuana
treatment center as defined by the Florida Constitution or
Florida law shall occur only upon and after the effective date
upon which medical marijuana treatment centers are deemed
legal by the State of Florida.
Supp. No. 25 CD110:68.12
ZONING § 110-554
L
another vehicle, shall be used as an recreational vehicle,special purpose
accessory building or connected to vehicle or combination is located in
any utility or electrical service, a rear yard,side yard or any setback
except for temporary connections to abutting a street and is fenced or
battery charging devices. screened from view or is located in a
f. The surface of the lot or parcel of front yard and under covered park-
land upon which or above which a ing which shall, as a minimum,
boat, utility trailer, recreational consist of a carport.
vehicle or special purpose vehicle is (c) Except as provided in subsection(b)above,
parked shall be paved or shall be in commercial and industrial zones, all boats,
maintained in the same manner as utility trailers, recreational vehicles and special
the remainder of the lot or parcel of purpose vehicles shall be parked in the parking
land and there shall not be permit areas designated in sections 110-491 through
ted upon such surface a growth of 110-493.
weeds, undergrowth or lawn which
exceeds the height of the (Code 1981, § 641.33; Ord. No. 20-94, § 1,
immediately surrounding landscape. 9-20-94; Ord. No. 14-99, § 1, 11-16-99)
g. On a corner lot in any district, no Sec. 110-552. Living aboard boats.
boats, utility trailers, recreational
vehicles or special purpose vehicles Any boat moored or parked within 100 feet of
shall be parked or placed in the the shoreline within the city limits shall not be
triangular area bounded on two sides used as a residence for a period exceeding 15
by the street right-of-way lines, and days, unless certification is given to the building
on the third side by a straight line official that any discharge from the boat meets
drawn between two points on the applicable federal regulations.
street right-of-way line located 25 (Code 1981, § 641.35)
feet from the point of the intersec-
tion of the street right-of-way lines.
Sec. 110-553. Living or residing in boats,
h. No for-hire vehicle, commercially utility trailers, recreational
registered vehicle and no other vehicles and special purpose
manner of conveyance not vehicles.
contemplated herein shall be parked
in any R-1, R-2 or R-3 zone, nor No person or persons shall reside in or occupy
shall any boat, utility trailer, with the intent of using as shelter any boat,
recreational vehicle or special utility trailer,recreational vehicle,special purpose
purpose vehicle be parked in any vehicle or other automotive vehicles, such as an
R-1, R-2 or R-3 zone other than as automobile,truck,bus or the like in the city for a
provided herein. This section shall period in excess of 24 hours, with the exception
not be construed to prohibit parking of recreational vehicles in an approved and
of automobiles, pickup trucks and permitted site used for recreational vehicles.
minivans. (Code 1981, § 641.36; Ord. No. 20-94, § 2,
i. Boats, utility trailers, recreational 9-20-94)
vehicles and special purpose vehicles,
or any combination thereof, parked Sec. 110-554. Parking and storage of certain
in unison or in tandem in excess of vehicles.
30 feet in length shall not be allowed
to be parked or stored in the R-1 (a) Boats,utility trailers,recreational vehicles,
and R-2 zoning classifications of the special purpose vehicles, automotive vehicles or
(100,
city, unless the boat, utility trailer, trailers of any kind or type without current
Supp. No. 25 CD110:77
§ 110-554 CAPE CANAVERAL CODE
license plates shall not be stored on any width,penetrated only at points approved
residentially-zoned property, other than in during site plan approval, for ingress
completely enclosed buildings. and egress to the property, shall be
(b) Construction trailers located on a construc provided along all property lines abut
tion site may be used as an office or a work or ting public rights-of-way or properties
security trailer. Use of these trailers as living zoned residential. Said greenbelt shall
quarters is expressly prohibited. In each case be in conformance with the requirements
and for every trailer,temporary permits shall be of section 110-566 et seq. of the City
required. The temporary permits shall be limited Code, as may be amended from time to
to 90 days with 90-day extensions permitted, time. Where a wall or fence is to be used
subject to the need thereof as determined by the as screening, as may be provided within
building official. No temporary trailer permit this Code, the greenbelt will be located
shall be issued prior to issuance of a construction between the property line and the wall or
fence such that greenbelt is adjacent to
permit.
(Code 1981,§641.37;Ord. No. 24-92,§ 1(641.37),
the bordering property;
1-5-93; Ord. No. 20-94, § 3, 9-20-94) (4) Outside areas where the motor vehicles
are to be displayed or stored shall be
Sec. 110-555. Paving of vehicular use areas. paved and striped in accordance with the
city's off-street parking regulations;
All commercial and industrial areas used for
the display or parking of any and all types of (5) All ingress and egress points to abutting
vehicles, boats or heavy construction equipment streets shall be marked clearly and placed
and all land upon which vehicles traverse the not closer than 150 feet apart on the
property as a function of the primary use,includ- same street and shall not be placed so as
ing but not limited to drives, parking, service to endanger pedestrian traffic;
and display areas, shall be paved. (6) Servicing or repair of vehicles is prohibited
(Code 1981, § 641.49) except within a fully enclosed structure;
Sec. 110-556. Vehicle rental facility. (7) All outdoor paging or speaker systems
are expressly prohibited; and
(a) Definition of vehicle rental facility. Vehicle
(8) The hours of operation for such facility
rental facilities shall be defined as commercial shall be limited to 7:00 a.m. to 9:00 p.m.
establishments where motor vehicles are kept daily.
and maintained for lease, where such vehicles (Ord. No. 02-2003, §3, 3-4-03;Ord. No. 02 2016,
are dropped off or picked up and where custom-
ers complete all transactions necessary for the § 2, 7-19-16)
short term lease of such vehicle. Secs. 110-557-110-565. Reserved.
(b) Limitations on vehicle rental facilities.
Vehicle rental facilities may only be permitted in
the M-1 zoning district subject to the following
minimum requirements:
(1) Minimum lot area for facilities shall be
12,000 square feet,however, two or more
facilities may be situated on a minimum
of one acre;
(2) Minimum lot width for facilities shall be
100 feet;
(3) That a continuous, densely planted,
greenbelt of not less than 15 feet in
Supp. No. 25 CD110:78
APPENDIX B—SCHEDULE OF FEES
Number of false alarms Fee per false alarm
Seventh and above $200.00 each
(g) Alarm malfunction administrative fee 30-31(b)
Number of false alarms Fee per false alarm
One through three $0.00
Fourth $25.00
Fifth $25.00
Sixth $25.00
Seventh $50.00 each
Chapter 34. Environment
Code
Amount Section
Article IV Weeds and Dead Vegetation 34-121
(a) Fees for mowing unimproved platted lots within the city:
(1) Avon-by-the-Sea:
a. For one lot 26.50
b. For each additional lot under one ownership 19.50
(2) Cape Canaveral Beach Gardens:
a. For one lot 32.50
b. For each additional lot under one ownership 26.00
Article VI. Abandoned Property
(a) Storage fees, per day 10.00 34-188
Chapter 38. Fire Prevention and Protection
Code
Amount Section
Article I. In General
(a) Fire protection service charge for fire hydrants located within
Cape Canaveral, effective April 1, 2016, per month, per water
consumer 2.00 38-8
Article IV Fireworks
(a) Permit for public display of fireworks 50.00 38-83
Chapter 62. Solid Waste
Code
Amount Section
(a) Collection fees: 62-5
(1) Single-family, duplex and triplex, per unit per month 7.67
(2) Mobile home units and individual apartments or
condominiums, per unit per month 4.74
(3) Individual commercial business accounts with trash cans,
per unit per month 11.23
coe,
Supp. No. 25 CDB:7
CAPE CANAVERAL CODE
3
Code
Amount Section
(4) Commercial dumpsters used by commercial businesses,
apartment complexes and condominiums, per container-
ized yard per month 27.96
(5) Special collection services, in addition to the normally
provided twice-weekly service for commercial dumpsters as
provided in subsection (4) above, per containerized yard
per pick-up 4.00
(6) Recycling service, per dwelling unit 2.21
(7) Roll-off container service (to be billed and collected by
Western Waste Industries, Inc.)
a. Container delivery, per container 50.00
b. Per pull, per container - 20 cu. yd. 135.00
30 Cu. yd 160.00
40 Cu. yd. 185.00
c. Actual disposal cost shall be added to the pull charge
plus 20 percent
d. Container rental shall not be charged for a container
pulled three or more times per month. For those
pulled less than three times,the rent shall not exceed,
per month 50.00
e. Dry runs (responding to customer's request, but not
being able to pull container)will be charged the same
as the delivery rate
(b) Recycling service, per dwelling unit per month 2.07 62-12
(c) Roll-off container service, to be billed and collected by Western
Waste Industries, Inc.:
(1) Container delivery, per container 50.00
(2) Per pull:
a. 20 cubic yards, per container 135.00
b. 30 cubic yards, per container 160.00
c. 40 cubic yards, per container 185.00
(3) Actual disposal cost shall be added to the pull charge plus
20 percent.
(4) Container rental:
a. For a container pulled three or more times per month. No charge
b. For containers pulled less than three times, the rent
per month shall not exceed 50.00
(5) Dry runs (responding to customer's request but not being
able to pull container) will be charged the same as the
delivery rate.
(d) Processing charge for each bill each month to cover the cost of
handling and mailing the bills 0.85
(Res. No. 2003-26, § 1, 6-17-03)
3
Supp. No. 25 CDB:8
APPENDIX B-SCHEDULE OF FEES
L
(5) Equivalent residential unit (ERU): One ERU shall be equal to one detached residential
dwelling unit with an individual water meter of 0.75 inches or less. ERUs for all connections
other than: (i) residential dwelling units with an individual water meter of 0.75 inches or less;
and (ii) multifamily; shall be pursuant to the following basis:
ERU Basis
(A) For Single-Family, Commercial and Public Buildings:
Meter Size ERU
0.75" 1.00
1.0" 2.50
1.5" 5.00
2.0" 8.00
3.0" 15.00
4.0" 25.00
6.0" 60.00
8.0" 80.00
(B) For Rental Property: The number of ERUs for rental property connections shall be equal
to the total number of individual dwelling units multiplied by a factor of 0.75 ERU.
2012/13 2013/14 2014/15 2015/16
Customer Charge per Bill
cre All Classes $1.74 $1.83 $1.93 $2.03
Readiness to Serve Charge per ERU
Single-Family $14.96 $15.71 $16.50 $17.33
Commercial $18.71 $19.65 $20.64 $21.68
Rental Property $14.96 $15.71 $16.50 $17.33
Public Building $14.96 $15.71 $16.50 $17.33
User Rate per 1,000 gallons
Single-Family $4.86 $5.11 $5.37 $5.64
Commercial $6.07 $6.38 $6.70 $7.04
Rental Property $4.86 $5.11 $5.37 $5.64
Public Buildings $4.86 $5.11 $5.37 $5.64
Sewer Flat Rate
Multifamily $25.64 $26.93 $28.28 $29.70
(c) Reserved.
Code
Description Amount Section
Article N. Reclaimed Water
(a) Single-family, townhouse, duplex and triplex unit
$475.00 for each required backflow device
(b) Multifamily, apartment complexes, condominium develop-
ments and mobile home parks
$500.00 for each existing backflow device installed by the
(111ftee property owner
Supp. No. 25 CDB:13
CAPE CANAVERAL CODE
Code
Description Amount Section
(c) Commercial and industrial 78-177
$500.00 for each existing backflow device installed by the
property owner
(d) Reclaimed water rates shall be charged based on Equivalent
Reclaimed Irrigation Connections ("ERICs") established by
the size of the customer's connection to the city's reclaimed
water utility system as follows:
1-inch diameter connection = 1 ERIC
2-inch diameter connection = 4 ERICs
4-inch diameter connection = 12 ERICs
Each customer class shall be charged the flat rate per ERIC
identified below for reclaimed water service. New rates shall
take effect on October 1st of each year:
Reclaimed Water Flat Rate Per ERIC
2012/13 2013/14 2014/15 2015/16
All Customer Classes1 $6.33 $6.65 $6.99 $7.34
'Does not include wholesale, bulk, large user or other customer under separate contract or
agreement with the city.
Article V Storm water Drainage
Stormwater ERU Rate. The City Council of the City of Cape Canaveral hereby amends the
ERU rate to be charged as the city's stormwater management utility fee, as authorized by
section 78-300(1) of the City Code, to be as follows:
• $6.00 per month per ERU for calendar year 2017;
• $7.00 per month per ERU for calendar year 2018;
• $8.00 per month per ERU for calendar year 2019;
• $9.00 per month per ERU for calendar year 2020; and
• $10.00 per month per ERU for calendar year 2021.
The need and justification for amendment of this rate is set forth in the attached analysis and
data contained in Exhibit "A", fully incorporated herein by this reference.
Chapter 80. Vehicles for Hire
Article III. Driver's Permit
Code
Description Amount Section
(a) Public vehicle driver's permits:
(1) For each permit used 8.00
(2) For each renewal of permit 7.00
Supp. No. 25 CDB:14
APPENDIX B—SCHEDULE OF FEES
‘11/1v+
Code
Description Amount Section
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations 82-2
(A) Building permit fees. On all buildings, structures or alterations requiring a building permit, a
fee set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
Valuation Fee
$500.00 or less: $45.00
$501.00 to and including $1,000.00 $60.00
$1,001.00 to and including $2,000.00 $75.00
$2,001.00 to and including $20,000.00 $75.00 for the first $2,000.00 and $5.00 for
each additional $1,000 or fraction thereof to
and including $20,000.00
$20,001.00 to $100,000.00 $165.00 for the first $20,000.00 and $5.00 for
each additional $1,000 or fraction thereof to
and including $100,000.00
$100,001.00 to $500,000.00 $565.00 for the first$100,000.00 and$4.00 for
each additional $1,000 or fraction thereof to
and including $500,000
$500,001.00 and up $2165.00 for the first $500,000.00 and $3.00
for each additional $1,000 or fraction thereof
The total valuation for assessment of permit fees for new structures shall be based on the latest
valuation data published by the International Code Council (I.C.C.)
For construction work not addressed in the latest valuation data published by the I.C.C., such
valuation shall be based upon the actual construction contract price, with satisfactory evidence of
same being submitted to the building official, or a construction cost estimate made by the building
official, except as otherwise provided in this section.
(B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the
valuation of the proposed construction exceeds $1,000.00 and plans and/or specifications are required
to be submitted, a plan checking fee shall be paid at the time the permit is issued.
The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall
be in addition to the building permit fee.
When the valuation of the proposed construction exceeds $500,001.00, a nonrefundable plan review
deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the
anticipated plan review fee.
When a dispute exists in the review of the plans and specifications for construction, the applicant
may request a hearing before the construction board of adjustment.
Supp. No. 25 CDB:15
CAPE CANAVERAL CODE
3
(C) In addition to any fee or fees charged in subsections (A) and (B), a fee set forth below shall be
paid at the time the permit is issued. Note: Reroofing, remodeling, alterations, additions and repairs
permit fees shall be paid in accordance with subsections (A) and (B) only.
Plumbing, new, residential, per bathroom $60.00
Plumbing, new, hotel/motel, per unit $60.00
Plumbing, new, commercial, per bathroom $60.00
Sewer tap inspection fee $60.00
Electrical, new, single-family $100.00
Electrical, new, multifamily, per unit $75.00
Electrical, new, hotel/motel, per unit $60.00
Electrical, new, commercial, per unit $60.00
Mechanical, new, residential, per unit $75.00
Mechanical, new, hotel/motel, per unit $50.00
Mechanical, new, commercial, per system $50.00
Well, deep or shallow $50.00
Moving of building $150.00
Demolition of building $100.00
(D) Other fees:
Fire alarm permit Per valuation table "A" plus fire department fee
calculation
Fire sprinkler permit Per valuation table "A" plus fire department fee
calculation
Preliminary review of construction plans $50.00 per hour or portion thereof
Permit Revision Fee. Minimum half-hour $25.00 per half hour
charge
Reinspection fee—When extra inspection trips $45.00
are necessary due to partial inspections, wrong
address, second call on rejected or condemned
work, additional work done after inspection has
been made, or work not ready for inspection
when called, a charge of$45.00 shall be paid in
advance for each additional inspection or at the
discretion of the building official on large
projects prior to issuance of a certificate of
occupancy or completion
Certificate of Occupancy $50.00
Failure to Obtain an approved Final Inspection $100.00
Work started prior to issuance of permit (ref. Double Permit Fee
building code adopted by chapter 82 of this
Code)
Special Inspection (after-hours, weekend, $50.00 per hour
holiday, arranged two days in advance).
Minimum four-hour charge for weekends and
holidays
3
Supp. No. 25 CDB:16
APPENDIX B—SCHEDULE OF FEES
(111h1Nof'
Final Inspection. Fine for failure to obtain a $100.00
final approved inspection for a permit before it
expires. No further permits may be issued to
any contractor or permit applicant with an
outstanding fine or to any contractor with an
expired permit due to failure to obtain a final
inspection.
Article V. Registration and Maintenance of Properties in Foreclosure
Code
Amount Section
Registration and re-registration fee 200.00 82-119
Chapter 86. Concurrency Management System
Code
Amount Section
(a) Concurrency evaluation review fee: 86-5
(1) Multi-family project, per building 100.00
(2) Commercial project, per building 100.00
(itesse, (3) Single-family home 100.00
(4) Improvements of insignificant impact (as defined by
Ordinance No. 3-90) 20.00
(b) Reservation of priority of an applicant over subsequent
applications is by prepayment of concurrency review fees 86-7
Chapter 90. Floods
Article IV Stormwater Management
Code
Amount Section
(a) Permit fee:
Site development project construction cost up to and includ-
ing $100,000.00 $1,000.00
Site development project construction cost exceeding 1% of
$100,000.00 construction
cost 90-131
(b) Inspection fee 90-195
Chapter 94. Signs
(a) Permit fee shall be calculated on actual contract cost using
subsection (a) of Chapter 82 of Appendix B
(1100°' (b) Reinspection fee 45.00 94-35
Supp. No. 25 CDB:17
CAPE CANAVERAL CODE
3
Code
Amount Section
(c) For commencing work without a permit, all fees shall be
double
(d) Temporary off-premises signs and banners and temporary 94-81
nonresidential signs greater than 12 sq. ft 50.00 and 94-4(7)
Chapter 98. Subdivisions
Code
Amount Section
(a) Variance application fee 250.00 98-4
(b) Plat fee schedule. The fee schedule for review of replat/
subdivision of land shall be: 98-53
(1) One, two or three lots 37.50
(2) Four or more lots 50.00
Plus $7.50 per lot, not to exceed $500.00
(c) Resubmission. Changes to approved replat/subdivision of land
shall be charged at a rate equal to 50 percent of the original
fee.
Chapter 102. Vegetation
Article II. Tree Protection
Code
Amount Section
(a) Removal of tree in lieu of replacement, per inch of dbh 50.00 102-41
Chapter 110. Zoning.
Code
Amount Section
(a) Application for rezoning 250.00 110-92
(b) Application for proposed amendment to chapter 250.00 110-92
(c) Application for a special exception or variance 250.00 110-92
(d) Application for appeal of administrative decision 250.00 110-92
(e) Site plans: 110-223
(1) Fee schedule. The fee schedule for site plan review shall
be:
a. One, two and three residential units 37.50
b. Four or more residential units 50.00
Plus $7.50 per unit, not to exceed $500.00
Supp. No. 25 CDB:18
APPENDIX B-SCHEDULE OF FEES
L
Code
Amount Section
c. Commercial structures, per acre of land or portion
thereof 150.00
d. Extension of site plan 150.00
(2) Resubmission. Changes to originally approved site plans
shall be charged at a rate equal to 50 percent of the
original fee.
(f) Fence height exemption filing fee 35.00 110-470
(Res. No. 90-22, § 1, 4-18-90;Res. No. 90-35, § 1, 6-19-90;Res. No. 92-12, § 1, 3-17-92;Res. No. 92-18,
§ 1,4-21-92;Res. No. 92-19, § 1,4-21-92;Res. No. 92-56, § 1, 10-20-92;Res. No. 93-08, § 1, 5-4-93;Ord.
No. 31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23,
§ 1, 5-3-94;Res. No. 94-94; § 1, 7-19-94;Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95;Res.
No. 95-22, § 1, 6-29-95; Res. No. 95-23, § 1, 6-29-95; Res. No. 95-25, § 1, 7-18-95; Res. No. 96-26, § 1,
5-21-96; Res. No. 96-32, § 1, 6-18-96; Res. No. 96-62, § 1, 12-17-97; Ord. No. 97-15, § 1, 5-20-97; Ord.
No. 97-18, § 1, 6-17-97; Ord. No. 97-36, § 1, 10-7-97; Res. No. 28-98, § 1, 9-15-98; Res. No. 22-00, § 1,
7-18-00; Res. No. 2000-40, § 1, 10-3-00; Res. No. 2000-42, § 1, 10-3-00; Res. No. 2001-04, § 1, 2-6-01;
Res. No. 2002-026, § 1, 7-16-02;Ord. No. 13-2003,§4, 5-20-03;Ord. No. 13-2004, §3, 7-20-04;Res. No.
2007-25, § 1(Exh. A), 9-18-07; Res. No. 2009-19, § 2(Exh. A), 8-4-09; Ord. No. 05-2009, § 4, 9-15-09;
Res. No. 2009-19, § 2(Exh. A), 9-1-09; Res. No. 2010-05, § 2, 3-2-10; Res. No. 2010-22, § 2, 10-19-10;
csol Res. No. 2010-34, § 2, 12-21-10; Res. No. 2011-29, § 3, 11-15-11; Res. No. 2012-05, § 2, 4-17-12, eff.
10-1-12;Res. No. 2012-06,§2,4-7-12,eft'. 10-1-12;Res. No. 2012-08,§2,5-15-12;Res. No. 2013-13,§3,
8-20-13;Res. No. 2013-14, § 2, 8-20-13; Res. No. 2016-05, § 3, 4-19-16; Res. No. 2016-12, § 3, 8-16-16)
L
Supp. No. 25 CDB:19
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CODE COMPARATIVE TABLE
L
Ordinance/
Resolution Section
Number Date Section this Code
94-100
Added 94-121,94-122
110-592
110-651
Added 110-709
09-2014 9-16-14 2 110-1
Added 110-334(c)(18)
Added 110-351(c)(15),(16)
Added 110-383(c)15.
110-489
12-2014 1-20-15 2 22-43(b)
110-224
13-2014 10-21-14 2(Att. A) Added App. A,Art. VI,
§§ 1.0-30.0
3(Exh. A) Added App. A,Art. VI,
Exhs. A,B
15-2014 12-16-14 2 110-538(7),(10)
01-2015 1-20-15 2 102-36
102-40(b)(3)
02-2015 1-20-15 2 22-33
04-2015 3-17-15 2 62-1
Added 62-2
62-5(a)
62-6
(11iIiPe62-8(b),(c)
62-9(a)—(0
Added 62-9(g), (h)
62-11
Rpld 62-12(a),(b)
Rnbd 62-12(c)
as 62-12(a)
05-2015 6-16-15 2 98-92(b)—(d),(t),(u)
110-475(b),(c)
06-2015 7-21-15 2 50-4(d)(4)
Added 50-4(6)
Added 50-5
54-16
07-2015 8-18-15 2 110-585-110-587
110-591, 110-592
110-605, 110-606
110-608, 110-609
Added 110-611
110-621(3)
110-622(1)
110-623-110-625
Added 110-626
Rnbd 110-626-110-629
as 110-627-110-630
110-644(1)a.
Added 110-654(1)d.
110-669
Rpld 110-670
Rnbd 110-671
as 110-670
110-687
110-689
(se,
Supp. No. 25 CCT:27
CAPE CANAVERAL CODE
3
Ordinance/
Resolution Section
Number Date Section this Code
09-2015 9-22-15 2 2-26
11-2015 11-17-15 2 110-334(c)(3)
Added 110-352(12)
110-381 11.
12-2015 11-17-15 2 Added 110-381 13.
2016-05(Res.) 4-19-16 3 App. B,Ch. 38
01-2016 5-17-16 2 2-260
02-2016 7-19-16 2 110-1
110-272
110-274
110-292
110-294
110-312
110-314
110-332
110-334
Rnbd Ch. 110,Art. VII,
Div. 8
as Ch. 110,Art. VII,
Div. 6
Rnbd 110-380-110-389
as 110-340-110-349
110-341
110-343
Rnbd Ch. 110,Art. VII,
Div. 6
as Ch. 110,Art. VII,
Div. 7
110-352
110-354
Rnbd Ch. 110,Art. VII,
Div. 7
as Ch. 110,Art. VII,
Div. 8
Added 110-110-456-110-
462
Rpld 110-466
110-488
110-556
2016-12(Res.) 8-16-16 3 App. B,Ch. 78,Art.
V
3
Supp. No. 25 CCT:28
STATE LAW REFERENCE TABLE
cire
F.S. Section F.S. Section
Section this Code Section this Code
562.45 6-27 10-108
ch. 563 10-108 80-1
ch. 564 10-108 800.03 10-90
ch. 565 10-108 806.111 10-86
565.02(4) 110-171 ch. 810 80-1
565.03 110-341 810.09 54-15
570.02 92-2 ch. 812 80-1
581.091 110-684 812.019 2-293
585.001 54-13 ch. 817 80-1
604.50 90-50 823.041 54-13
ch. 633 Ch. 38 823.14 92-11
633.022 Ch. 38,Art. II ch. 826 10-90
633.025 Ch. 38,Art. II, 10-108
98-114(o) ch. 827 10-90
633.025(1) 38-26 10-108
633.025(3) 38-28 839.13 1-13
658.98 2-206 843.01 54-25
ch. 705 34-180 ch. 847 10-90
705.101 et seq. Ch. 34,Art. VI 10-169
ch. 718 78-276 847.013 10-90
110-404 847.0133 10-90
110-723 847.0134 10-101
760.34 36-4 ch. 849 10-200
(11010' 768.28 Char. Art. XXIV 54-14
§ 11, 849.231 54-14
Char. Art. XXIV 856.015 54-14
§ 12 870.01 54-25
ch. 769 10-87 870.03 54-25
775.082 2-286(e) 870.041 et seq. Ch. 18
Ch. 50 874.03 2-293
50-1 877.03 10-86
775.083 2-286(e) ch. 893 2-293
Ch. 50 10-108
50-1 80-1
784.045 54-25 893.03 54-25
790.001 54-11 893.13 10-86
790.01 18-3 893.138 2-292
790.15 50-1 2-293
790.33 54-11 2-294
ch. 791 Ch. 38,Art. IV ch. 895 10-108
791.01 54-11 ch. 943 2-284
110-1 943.25(13) 50-3
791.01(4)(b) 38-81
110-1
110-1
ch. 794 10-90
10-108
80-1
ch. 796 10-90
10-108
80-1
796.07 2-293
ch. 800 10-90
Supp. No. 25 SLT:3
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CODE INDEX
(ittive
Section Section
BUSINESSES(Cont'd.) CERTIFICATES OF OCCUPANCY
Land development code Land development code regulations re
Zoning zoning 110-26 et seq.
AlA Economic Opportunity Overlay See:LAND DEVELOPMENT CODE
District Sewer impact fee requirements 78-125
Landscaping; required screening
for commercial parking facili- CHARTER
ties 110-690 Definitions and rules of construction 1-2
Signage;business park/area multi- CITY
user sign 110-709 Abandoned property
Local business tax 70-66 et seq. Compliance with notice or order to
See:TAXATION remove; removal by city upon
Outdoor entertainment events noncompliance 34-184
Local business tax receipt required.... 10-49 Disposition of property removed by city 34-186
Parks and recreation Notification of owner following removal
Commercial beach vendor franchises.. 54-5 by city 34-185
Commercial recreational franchises ... 54-6 Redemption prior to sale by city 34-187
Sexually oriented businesses, adult Corporate limits
entertainment establishments Definitions and rules of construction 1-2
Local business tax receipts/home occupa- Definitions and rules of construction 1-2
tions 10-128 Floodplain management 90-26 et seq.
Solicitors,peddlers and itinerant vendors 16-26 et seq. See:LAND DEVELOPMENT CODE
See: PEDDLERS, CANVASSERS AND Franchise regulations in general. See:
SOLICITORS FRANCHISES(Appendix A)
Solid waste 62-1 et seq. Library board
See: SOLID WASTE
Liability of city limited 46-31
Solid waste
C Authority of city to collect 62-3
CALLINGS Ownership by city 62-4
Local business tax 70-66 et seq. Street excavations
See:TAXATION Authority of city 66-64
City's right to restore surface 66-69
CAMPING Liability of city 66-62
Parks and recreation
Sleeping and camping 54-17 CITY ATTORNEY
Sleeping and camping in public areas and Council
beaches 50-4 Attendance at meetings 2-127
CANALS Duties 2-126
Subdivisions CITY CLERK
Land development code regulations ... 98-1 et seq. Duties 2-116
See:LAND DEVELOPMENT CODE
CANVASSERS.See:PEDDLERS,CANVASS- CITY COUNCIL
ERS AND SOLICITORS City attorney
Duties 2-126
CAPE CANAVERAL. See: CITY City manager
Powers and duties 2-101(2)
CAPITAL EXPANSION PLANS Code of conduct 2-28
Impact fee 2-237 Compensation
CAPITAL EXPANSION TRUST FUND Established for councilmembers other
Impact fees 2-236 than mayor 2-41
Mayor,established for 2-42
CARS. See:MOTOR VEHICLES AND TRAF- Definitions and rules of construction 1-2
FIC Election 2-26
CAUSES Eminent domain powers re economic
Effect of repeal of ordinances 1-9(b) development 2-70
Library board
CEMETERIES Reports to 46-32
LW" Parks and recreation areas 54-1 et seq. Mayor
See:PARKS AND RECREATION Compensation established for 2-42
Supp. No. 25 CDi:5
CAPE CANAVERAL CODE
Section Section
CITY COUNCIL(Cont'd.) COASTAL CONSTRUCTION
Meetings Coastal construction code 82-88 et seq.
Adjournment 2-69 Buildings and building regulations.See:
Adoption of motion 2-67 LAND DEVELOPMENT CODE
Call to order;quorum;roll call 2-64 CODE ENFORCEMENT
City attorney to attend 2-127 Abandoned vehicles
Consideration of matters before council 2-66 Code enforcement board hearing
General discussion 2-68 procedure 34-183
Minutes 2-65 Buildings and building regulations
Ordinances and resolutions Citations;unlicensed contractors;failure
Preparation prior to meeting 2-59 to obtain building permit 82-375 et seq.
Parliamentary procedure 2-61 Citations(code enforcement)
Preparation and notice of agenda 2-60 Applicable codes,ordinances;class viola-
Presiding officer 2-62 tion 2-283
Regular meetings 2-56 Citation powers; personal investiga-
Sergeant at arms 2-63 tion;reasonable cause 2-285
Citation program,authorization of 2-282
Special meetings 2-57 Classes of violations,penalties 2-291
Workshop meetings 2-58 Definitions 2-281
Ordinances and resolutions Enter upon property,authorization to 2-290
Preparation prior to meeting 2-59 Form(citation) 2-288
Regular meetings 2-56 Intent;purpose 2-280
Special meetings 2-57 Issuance procedure 2-287
Subdivisions Payment of penalty;court hearings2-289
Plats and lot splits Training of code enforcement officers2-284
Final plat Violation;penalties;general 2-286
Planning and zoning board and Code enforcement board
city council review; general Created 2-256
criteria for approval 98-61 Liens; application for satisfaction,
Uncontested elections 2-27 release, or reduction, of code
3
enforcement 2-260
Workshop meetings 2-58 Membership 2-257
CITY MANAGER Powers and duties 2-258
Acting city manager 2-102 Responsibilities 2-258
Civil emergencies Violations and penalties
Prosecution of violations with no
Persons authorized to declare 18-2 criminal penalty 2-259
Criminal nuisance abatement board 2-292 et seq. Criminal nuisance abatement board
See:CODE ENFORCEMENT Appeal 2-298
Powers and duties 2-101 Criminal nuisances established; viola-
tions 2-295
CITY TREASURER Enforcement procedures; notice; hear-
Fees schedule in general. See: FEES ing 2-296
(Appendix B) Establishment;membership;meetings;
definitions 2-293
CIVIL EMERGENCIES Penalties;fines;liens;recording 2-297
Authority;governor's;president 18-7 Powers 2-294
Definitions 18-2 Purpose and intent 2-292
Duration and termination of emergency.. 18-4
Emergency powers and measures 18-3
Persons authorized to declare emergency18-2
Sale of goods, services, or materials at
unconscionable prices 18-5
Violations and penalties 18-6
CLERK. See: CITY CLERK
CLUBS
Persons;definitions and rules of construc-
tion extended and applied to 1-2
Supp. No. 25 CDi:6
CODE INDEX
Section Section
CODE OF ORDINANCES*
Altering Code 1-13
Amendments to Code 1-11
Catchlines of sections 1-3
Certain ordinances not affected by Code 1-10
Chapters or sections,references to 1-5
L
*Note—The adoption, amendment,repeal,omissions, effec-
tive date, explanation of numbering system and other mat-
ters pertaining to the use,construction and interpretation of
this Code are contained in the adopting ordinance and
preface which are to be found in the preliminary pages of this
volume.
Supp. No. 25 CDi:6.1
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CODE INDEX
(tasti
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Use matrix 110-609 Building setbacks and building
Applicability 110-587 zones 110-625
Architectural guidelines Intent 110-621
Articulation 110-643 LEED or LEED equivalent design 110-622
Awnings and canopies 110-654 Lot coverage 110-628
Building continuity 110-644 On-site circulation 110-629
Color 110-653 Project size 110-627
Entry treatment 110-648 Utility and service areas 110-630
Exterior surface materials 110-650 Access
Ground floor lighting 110-655 C-1 Low Density Commercial District 110-339
Intent 110-641 Generally 110-472
Proportion 110-646 Offstreet parking 110-493
Rhythm 110-647 R-1 Low Density Residential District 110-278
Roof lines 110-649 R-2 Medium Density Residential
Scale 110-645 District 110-298
Similar and compatible design... 110-642 R-3 Medium Density Residential
Storefronts 110-652 District 110-318
Utilities and stormwater manage- Accessories
ment area screening 110-656 Swimming pools 110-583
Windows and transparency 110-651 Accessory uses and structures
Boundary and organization 110-586 C-1 Low Density Commercial District 110-333
Definitions 110-592 C-2 Commercial/Manufacturing
Design principles 110-591 District 110-342
Goals 110-589 Generally 110-468
Introduction 110-585 M-1 Light Industrial and Research
Landscaping and Development District 110-353
Le Building landscaping 110-688 R-1 Low Density Residential District 110-273
Commercial site plan review 110-684 R-2 Medium Density Residential
Intent 110-683 District 110-293
Project perimeter 110-687 R-3 Medium Density Residential
Required screening for commercial District 110-313
parking facilities 110-690 Residential planned unit develop-
Screening between commercial or ments 110-439
industrial zoning districts or Administrative review
uses and residential districts Appeal notice,hearing 110-29(b)
or uses 110-686 Authority 110-29(a)
Surface parking lots 110-689 Stay of proceedings 110-29(c)
Water efficient landscaping 110-685 Alcoholic beverages
Objectives 110-590 Special exceptions for establish-
Parking ments serving 110-171
Intent 110-668 Temporary alcoholic beverage permits 110-172
Parking structures 110-670 Appeals
Surface parking 110-669 Special exceptions. See herein:Vari-
Purpose 110-588 ances, Special Exceptions,
Signage Rezonings, Administrative
All signs 110-702 Appeals
Awning signs 110-703 Annexations
Business park/area multi-user sign 110-709 Zoning classification of 110-256
Hanging signs 110-707 Antenna
Intent 110-701 Residential use/Satellite dishes 110-478
Pedestrian signs 110-704 Wireless communications 110-483
Projecting signs 110-705 Area
Wall signs 110-706 C-1 Low Density Commercial District 110-336
Window signs 110-708 Dimension or area reduction below
Site planning minimum 110-254
Building frontage 110-626 M-1 Light Industrial and Research
Lose. Building height 110-624 and Development District 110-356
Building orientation 110-623 R-1 Low Density Residential District 110-276
Supp. No. 25 CDi:23
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
R-3 Medium Density Residential Area and dimensions 110-345
District 110-316 Intent;applicability 110-340
Residential planned unit develop- Landscaping,screening and parking 110-347
ments Minimum setbacks 110-346
Minimum lot area 110-439
Reuse of area used for density calcula- Parking and loading 110-349
tion 110-253 Performance standards 110-348
Townhouses 110-372 Principal uses and structures 110-341
Atomic energy uses 110-480 Prohibited uses and structures 110-344
Board of adjustment 110-2 Special exceptions permissible by the
See also herein: Variances, Special board of adjustment 110-343
Exceptions, Administrative Camping equipment
Appeals Location of 110-551
Boats and boat trailers Camping equipment, boats and boat
Living aboard 110-552 trailers,location of 110-551
Location of 110-551 Car wash 110-461
Bonding
Residential planned unit develop- Certificate of occupancy
ments 110-407 Hotels and motels 110-122
Boundaries Required 110-121
Reconsideration of district boundary Commercial districts
changes 110-139 C-1 Low Density Commercial District 110-331 et seq.
Rules for interpretation of district See within subheading: C-1 Low
boundaries 110-248 Density Commercial District
Breeze requirements C-2 Commercial/Manufacturing
R-3 Medium Density Residential District 110-340 et seq.
District, minimum breeze See within this subheading: C-2
requirement 110-319
Building official Commercial/Manufacturing3
Duties of 110-88 District
Building permits Landscaping and screening between
Residential planned unit develop- commercial or industrial zoning
ments 110-406 districts and residential zoning
Townhouses 110-378 districts 110-566
Buildings Commercial uses
Continuance of nonconforming Buildings required for 110-481
structures 110-193 Common recreation and open space
Lot and street requirements for 110-255 Residential planned unit develop-
Nonconforming uses of structures or ments,minimum 110-404, 110-
of structures and premises in 438
combination,change of use.... 110-195 Complaints of violations 110-90
Required for commercial uses 110-481 Conflicts with other ordinances 110-86
Setback lines 110-536 Conformity to plans, specifications,
Structures approved by special excep- intendment uses and applications 110-91
tions 110-161 Construction
C-1 Low Density Commercial District Swimming pools 110-581
Accessory uses and structures 110-333 Courts,minimum width of 110-473
Area and dimensions 110-336
Assisted living facilities 110-488 Dedication
Intent;applicability 110-331 Public easement 110-477
Landscaping,screening and parking 110-338 Public land 110-476
Minimum setbacks 110-337 Definitions 110-1
Offstreet parking and access 110-339 Density
Principal uses and structures 110-332 C-1 Low Density Commercial District 110-331 et seq.
Prohibited uses and structures 110-335 See within subheading: C-1 Low
Special exceptions permissible by Density Commercial District
board of adjustment 110-334 R-1 Low Residential District 110-271 et seq.
C-2 Commercial/Manufacturing District See within subheading: R-1 Low
Accessory uses and structures 110-342 Residential District
Supp. No. 25 CDi:24
CODE INDEX
Le
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
R-2 Medium Density Residential Regulations for specific districts. See
District 110-291 et seq. within specific districts as
See within subheading: R-2 indexed
Medium Density Residential Reuse of area used for density calcula-
District tions 110-253
R-3 Medium Density Residential Rules for interpretation of district
District 110-311 et seq. boundaries 110-248
See within subheading: R-3 Structure,height,maximum use,lot
Medium Density Residential area,setbacks 110-251
District Unusual uses or uses not specifically
Residential planned unit develop- permitted 110-257
ments Donation bins prohibited 110-490
Maximum density 110-437 Drainage systems
Reuse of area used for density calcula- Residential planned unit develop-
tion 110-253 ments 110-404
Development districts Dune crossovers
M-1 Light Industrial and Research R-3 Medium Density Residential
and Development District 110-351 et seq. District 110-320
See within this subheading: M-1 Easements
Light Industrial and Dedicated public easements 110-477
Research and Development
District Emergency pad-mounted generators110-484
Encroachments
Development plans Setbacks 110-328
Residential planned unit develop- Fences,walls and hedges 110-470
ments 110-421 et seq.
See within this subheading: Floor area
Residential Planned Unit Residential planned unit develop-
Developments ments,minimum 110-441
Development schedule Frontage
Townhouses 110-379 Residential planned unit develop-
Development standards ments 110-439
Residential planned unit develop Garage sales 110-467
ments 110-444 Generators
Dimensions Emergency pad-mounted generators 110-484
C-1 Low Density Commercial District 110-336 Height
M-1 Light Industrial and Research District 110-251
and Development District 110-356 Exceptions to regulations 110-471
Offstreet loading 110-507 Home occupations
R-1 Low Density Residential District 110-276 Local business tax receipt required. 110-523
R-2 Medium Density Residential Permitted home occupations 110-521
District 110-296 Requirements 110-522
R-3 Medium Density Residential Hotels and motels
District 110-316 Certificate of occupancy 110-122
Townhouses 110-372 Individually platted lots
Districts Townhouses 110-377
Annexations,zoning classification of 110-256 Industrial districts
Application of district requirements 110-249 Landscaping and screening between
Conformity 110-250 commercial or industrial zoning
Dimension or areas reduction below districts and residential zoning
minimum 110-254 districts 110-566
Duplicate use of setbacks,open space, M-1 Light Industrial and Research
parking space 110-252 and Development District 110-351 et seq.
Lot and street requirements for See within this subheading: M-1
structures 110-255 Light Industrial and
Official zoning map Research and Development
Adopted 110-246 District
Replacement 110-247 Intersections
Loll Reconsideration of district boundary Visibility at 110-469
changes 110-139 Interpretation of provisions 110-87
Supp. No. 25 CDi:25
CAPE CANAVERAL CODE
Section Section j
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Land M-1 Light Industrial and Research and
Continuance of nonconforming uses Development District
of 110-194 Accessory uses and structures 110-353
Landscaping and vegetation Area and dimensions 110-356
AlA Economic Opportunity Overlay Intent;applicability 110-351
District 110-683 et seq. Landscaping, screening and parking 110-358
See within this subheading: Minimum setbacks 110-357
Landscaping Parking and loading 110-360
C-1 Low Density Commercial District 110-338 Performance standards 110-359
C-2 Commercial/Manufacturing Principal uses and structures 110-352
District 110-347 Prohibited uses and structures 110-355
Interior landscaping for offstreet park- Special exceptions permissible by
ing areas 110-567 board of adjustment 110-354
Landscaping and screening between Maximum use
commercial or industrial zoning District 110-251
districts and residential zoning Medium density residential district
districts 110-566 R-2 Medium Density Residential
M-1 Light Industrial and Research District 110-291 et seq.
and Development District 110-358 See within subheading: R-2
Length of structures Medium Density Residential
Residential planned unit develop- District
ments,maximum 110-440 R-3 Medium Density Residential
Light industrial districts District 110-311 et seq.
M-1 Light Industrial and Research See within subheading: R-3
and Development District 110-351 et seq. Medium Density Residential
District
See within this subheading: M-1 Mini-warehouse/personal property stor-
Light Industrial and age facilities 110-459
Research'and Development Mobile home parks
District
Nonconforming uses 110-192
Liquefied petroleum gas 110-485
Nonconformities
Loading Abandonment 110-197
M-1 Light Industrial and Research Continuance of nonconforming
and Development District 110-360 structures 110-193
Local business tax receipt required.... 110-523 Continuance of nonconforming uses
Location of land 110-194
Offstreet loading 110-507 Intent;rules of interpretation;build-
Recreational vehicles,camping equip- ing and fire codes;definitions . 110-191
ment,boats and boat trailers110-551 Mobile home parks and single-family
Spaces mobile home districts 110-192
Offstreet parking 110-492 Nonconforming lots of record 110-196
Swimming pools 110-581 Nonconforming uses of structures or
Lots of structures and premises in
Area combination;change of use.... 110-195
District 110-251 Repairs and maintenance 110-198
Residential planned unit develop- Special permit 110-200
ments 110-439 Temporary uses 110-199
Erection of more than one principal Number of spaces
structure on 110-537 Offstreet parking 110-491
Requirements for structures 110-255 Official zoning map
Low density commercial district Adopted 110-246
C-1 Low Density Commercial District 110-331 et seq. Replacement 110-247
See within subheading: C-1 Low Offstreet loading
Density Commercial District Location and dimensions of space110-507
Low density residential district Requirements spaces 110-506
R-1 Low Residential District 110-271 et seq. Offstreet parking
See within subheading: R-1 Low Access 110-493
Density Residential District C-1 Low Density Commercial District 110-339
Supp. No. 25 CDi:26
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Interior landscaping for offstreet park- Physical review
ing areas 110-567 Residential planned unit develop-
Location spaces 110-492 ments 110-405
Number of spaces required 110-491 Planned developments
R-1 Low Density Residential District 110-278 Building permit 110-725
R-2 Medium Density Residential Common open space, drainage
District 110-298 systems, and other related
R-3 Medium Density Residential common facilities 110-723
District 110-318 Definitions 110-720
Residential planned unit develop- Enforcement 110-727
ments 110-442 Permitted uses 110-722
Townhouses 110-374 Physical review 110-724
Open space Planned development plans
Duplicate use of 110-252 Application procedures 110-740
Outside storage 110-457 Concept plan 110-741
Pain management clinic and medical Land use plan 110-742
marijuana treatment center regula- Site/construction plan 110-743
Purpose and intent 110-721
tions 110-489
Revocation 110-726
Parking Planning and zoning board 110-3
AlA Economic Opportunity Overlay Preservation
District 110-668 et seq. Residential planned unit develop-
See within this subheading:Park- ments 110-445
ing Principal uses and structures
C-1 Low Density Commercial District 110-338 C-1 Low Density Commercial District 110-332
C-2 Commercial/Manufacturing C-2 Commercial/Manufacturing
District 110-347, 110- District 110-341
(11001
349 M-1 Light Industrial and Research
Certain vehicles 110-554 and Development District 110-352
M-1 Light Industrial and Research R-2 Medium Density Residential
and Development District 110-358, 110- District 110-292
360 Private roads and other related common
R-3 Medium Density Residential facilities
District Residential planned unit develop-
Protection of public beach-end ments 110-404
parking 110-321 Prohibited uses and structures
Parking space C-2 Commercial/Manufacturing
Duplicate use of 110-252 District 110-344
Paving of vehicular use area 110-555 M-1 Light Industrial and Research
Penalties for violations 110-89 and Development District 110-355
Performance standards R-1 Low Density Residential District 110-275
R-2 Medium Density Residential
Application of 110-456 District 110-295
M-1 Light Industrial and Research R-3 Medium Density Residential
and Development District 110-359 District 110-315
Permissible uses and structures Public land
R-1 Low Density Residential District 110-272 Dedicated 110-476
R-3 Medium Density Residential R-1 Low Density Residential District
District 110-312 Accessory uses and structures 110-273
Permits Area and dimensions 110-276
Application 110-107 Intent 110-271
Expiration 110-108 Minimum setbacks 110-277
Required 110-106 Offstreet parking and access 110-278
Temporary alcoholic beverage permits 110-172 Principal uses and structures 110-272
Permitted home occupation 110-521 Prohibited uses and structures 110-275
Permitted uses Special exceptions permissible by
Residential planned unit develop- board of adjustment 110-274
ments 110-403 R-2 Medium Density Residential District 110-296
Townhouses 110-371 Accessory uses and structures 110-293
Supp. No. 25 CDi:27
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Area and dimension 110-296 Development plans
Intents 110-291 Application 110-421
Minimum setbacks 110-297 Procedure for approval of final
Offstreet parking and access 110-298 development plan 110-423
Principal uses and structures 110-292 Procedure for receiving approval
Prohibited uses and structures 110-295 of preliminary development
Special exceptions permissible by plan and tentative zoning .. 110-422
board of adjustment 110-294 Enforcement 110-409
R-3 Medium Density Residential District Land use regulations
Accessory uses and structures 110-313 Development standards 110-444
Areas and dimensions 110-316 Maximum density 110-437
Assisted living facilities 110-488 Maximum length of structures... 110-440
Dune crossovers required 110-320 Minimum common recreation and
Intent 110-311 open space 110-438
Minimum breeze requirement 110-319 Minimum floor area 110-441
Minimum setbacks 110-317 Minimum lot area; frontage;
Offstreet parking and access 110-318 setbacks;accessory uses.... 110-439
Principal uses and structures 110-312 Minimum size 110-436
Prohibited uses and structures 110-315 Offstreet parking 110-442
Protection of public beach-end park- Preservation of trees 110-445
tiing 110-321 Underground utilities 110-443
Permitted uses 110-403
Special exception permissible by board Physical review 110-405
of adjustment 110-314 Purpose and intent 110-402
Recreational vehicles Termination zone 110-408
Location of 110-551 Residential use antennas 110-478
Regulations pertaining to specific Rezoning.See herein:Variances,Special
districts. See within specific Exceptions,Rezonings,Administra-
districts as indexed tive Appeals
Rental restrictions on dwelling units.. 110-487 Satellite dishes 110-478
Repairs and maintenance Schedule of fees,charges and expenses 110-92
Nonconformities 110-198 Screening
Research and development districts C-1 Low Density Commercial District 110-338
M-1 Light Industrial and Research C-2 Commercial/Manufacturing
and Development District 110-351 et seq. District 110-347
See within this subheading: M-1 Commercial or industrial districts 110-566
Light Industrial and M-1 Light Industrial and Research
Research and Development and Development District 110-358
District Setbacks
Residential districts Building setback lines 110-536
R-1 Low Density Residential District 110-271 et seq. C-1 Low Density Commercial District,
See within subheading: R-1 Low minimum setbacks 110-337
Density Residential District C-2 Commercial/Manufacturing
R-2 Medium Density Residential District 110-346
District 110-291 et seq. District 110-251
See within subheading: R-2 Duplicate use of 110-252
Medium Density Residential Encroachments 110-538
District Erection of more than one principal
R-3 Medium Density Residential structure on lot 110-537
District 110-311 et seq. M-1 Light Industrial and Research
See within subheading: R-3 and Development District 110-357
Medium Density Residential R-1 Low Density Residential District,
District minimum setbacks 110-277
Residential planned unit developments R-2 Medium Density Residential
Bonding 110-407 District 110-297
Building permit 110-406 R-3 Medium Density Residential
Common open space, drainage District,minimum setbacks... 110-317
systems,private roads and other Residential planned unit develop-
related common facilities 110-404 ments 110-439
Supp. No. 25 CDi:28
CODE INDEX
Lire
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Swimming pools,minimum 110-584 Development schedule 110-379
Townhouses,minimum setbacks.... 110-373 Individually platted lots 110-377
Sewage disposal 110-479 Minimum setbacks 110-373
Shopping centers and retail stores using Offstreet parking 110-374
outside display 110-458 Permitted use 110-371
Sidewalks Utilities 110-375
Required 110-475 Underground utilities
Signs 94-64(a) Residential planned unit develop-
Single-family mobile home districts ments 110-443
Nonconformities 110-192 Required 110-482
Single-family residential second kitchen Unusual uses or uses not specifically
facility 110-462 permitted 110-257
Site plans Uses
Criteria required 110-222 Approved by special exceptions 110-161
Expiration 110-224 Utilities
Review procedures 110-223 Townhouses 110-375
Submittal and review required 110-221 Underground,required 110-482
Special exceptions Vacation rentals 110-486
Alcoholic beverages Vacation resort campus 110-490.1
Establishment serving alcoholic Variances, special exceptions, rezon-
beverages 110-171 ings, administrative appeals;
Temporary alcoholic beverage procedures
permits 110-172 Abandonment 110-32
Structures and uses approved by Administrative appeals 110-40
special exception 110-161 Appellate review 110-33
Variances, special exceptions,rezon- Applications 110-29
ings, administrative appeals. Attendance required at public hear-
NoeSee herein that subject ings;postponement of hearings 110-30.1
Special exceptions permissible by board Authority 110-27
of adjustment Due process 110-28
C-1 Low Density Commercial District 110-334 Expiration of variance or special
M-1 Light Industrial and Research exception;abandonment 110-32
and Development District 110-354 Intent and purpose 110-26
R-1 Low Density Residential District 110-274 Reconsideration 110-31
R-2 Medium Density Residential Rezonings
District 110-294 Procedure 110-35
R-3 Medium Density Residential Rezoning applicant obligations110-34
District 110-314 Special exception
Storing Applicant obligations 110-38
Certain vehicles 110-554 Procedure 110-39
Streets Special notice requirements 110-28
Requirements for structures 110-255 Staff review;application deficiencies 110-30
Structures. See within subheading: Variances
Buildings Applicant obligations 110-36
Swimming pools Procedure 110-37
Accessories 110-583 Vegetation. See within this subhead-
Barriers 110-582 ing:Landscaping or Vegetation
Construction and location 110-581 Vehicles and vessels
Minimum setbacks 110-584 Living aboard boats 110-552
Temporary uses Living or residing in boats, utility
Nonconformities 110-199 trailers, recreational vehicles
Termination zone and special purpose vehicles .. 110-553
Residential planned unit develop- Location of recreational vehicles,
ments 110-408 camping equipment, boats and
Towers boat trailers 110-551
Wireless communications 110-483 Parking and storage of certain
Townhouses vehicles 110-554
Area and dimensions 110-372 Paving of vehicular use areas 110-555
cre, Building permit 110-378 Vehicle rental facility 110-556
Supp. No. 25 CDi:29
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LICENSES AND PERMITS(Cont'd.)
Vehicular use areas,paving of 110-555 Alarm systems 30-27 et seq.
Vessels. See within this subheading: See:ALARM SYSTEMS
Vehicles and Vessels Building sewers
Veterinary hospital 110-460 Permit for connections 78-77
Visibility at intersections 110-469 Buildings and building regulations 82-1 et seq.
Water areas 110-474 See:LAND DEVELOPMENT CODE
Width Community appearance review board
Courts,minimum width of 110-473 Permits
Wireless communications towers and Appeals and review 22-46
antennas 110-483 Application criteria 22-44
Zoning districts. See herein:Zoning Approval prerequisite for permits22-40
Building permits;enforcement 22-47
LANDSCAPING Notice of approval or denial 22-43
Appearance and maintenance 34-99 Concurrency management system 86-1 et seq.
Land development code regulations re See:LAND DEVELOPMENT CODE
zoning 110-26 et seq. Construction site stormwater runoff control
See:LAND DEVELOPMENT CODE Permits 90-201
Landscape irrigation Excavations
Applicability;purpose and intent 91-2 Street excavation permit requirements 66-81 et seq.
Definitions 91-1 Fees schedule in general. See: FEES
Enforcement and penalties 91-7 (Appendix B)
Exceptions to landscape irrigation Fireworks permit(public display) 38-82 et seq.
schedules 91-4 Floodplain management 90-26 et seq.
Landscape irrigation schedules 91-3 See: LAND DEVELOPMENT CODE
Required irrigation system technology91-5 Land development code regulations re
Variance from specific day of the week zoning 110-26 et seq.
limitations 91-6 See: LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq. Land development code;zoning
See: SEWERS AND SEWAGE Nonconformities
DISPOSAL Special permit 110-200
Tree protection,land clearing 102-36 et seq. Motion and still photography production
See:LAND DEVELOPMENT CODE permits 16-60 et seq.
LAW ENFORCEMENT See: PHOTOGRAPHY
Alarm systems generally 30-26 et seq. Outdoor entertainment events 10-61 et seq.
See:ALARM SYSTEMS See: OUTDOOR ENTERTAINMENT
Impact fees generally 2-231 et seq. EVENTS
See: IMPACT FEES Sewer impact fee requirements 78-125
Police department 42-26 Sexually oriented business license 10-93 et seq.
Signs
LEASES Land development code regulations 94-1 et seq.
Certain ordinances not affected by Code . 1-10(a)(2) See:LAND DEVELOPMENT CODE
City attorney Solicitors,peddlers and itinerant merchants
Duties 2-126(6) permit requirement 16-51 et seq.
LIBRARY See: PEDDLERS, CANVASSERS AND
Established 46-1 SOLICITORS
Fees schedule in general. See: FEES Street excavation permit requirements... 66-81 et seq.
(Appendix B) See: STREETS, SIDEWALKS AND
Impact fees generally 2-231 et seq. OTHER PUBLIC WAYS
See: IMPACT FEES Temporary storage units(permit) 82-400
Library board Tree protection,land clearing 102-39, 102-40
Created 46-26 Vehicles for hire
Expenditures 46-27 Certificate of public convenience and
Indebtedness 46-33 necessity license 80-26 et seq.
Liability of city limited 46-31 Driver's permit 80-51 et seq.
Meetings 46-30 Licenses and fees to be in addition to
Reports to council 46-32 other taxes and charges 80-3
Vested rights 115-3 et seq.
LICENSES AND PERMITS See:VESTED RIGHTS
Adult entertainment establishment license 10-93 et seq. Wastewater discharge permits 78-98
Supp. No. 25 CDi:30
CODE INDEX
Section Section
LIENS
Abandoned property
Collection of lien on private property re
towing,storage,expenses 34-188
Application for satisfaction, release, or
reduction, of code enforcement liens 2-260
Code enforcement
Criminal nuisance abatement board
Penalties;fines;liens;recording 2-297
LIFE SAFETY CODE. See:FIRE PREVEN-
TION
LIGHT INDUSTRIAL DISTRICT
Land development code regulations re
zoning 110-26 et seq.
See:LAND DEVELOPMENT CODE
LIGHTS AND LIGHTING
Definitions 34-206
Exceptions 34-210
Method of measurement 34-211
Policy established 34-207
Sea turtles
Publicly owned lighting regulations 14-57
L
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Supp. No. 25 CDi:30.1
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