HomeMy WebLinkAboutSupplement 26 SUPPLEMENT No.26
October 2017
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. 2017-15, adopted August 15,2017.
See the Code Comparative Table for further information.
Remove Old Pages Insert New Pages
xi—xix xi—xix
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
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INSTRUCTION SHEET—-Cont'd.
Insert and maintain this instruction sheet in front of this publication. File removed
pages for reference.
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Municipal Code Corporation I P.O.Box 2235 Tallahassee,FL 32316
info@municode.com 1800.262.2633
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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
Art. VII. General Provisions CHT:
14
Art. VIII. Charter Amendment CHT:14
Art. IX. Transition and Severability CHT:15
Charter Comparative Table—Laws of Florida CHTCT:1
Charter Comparative Table—Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
Subpart A. General Ordinances CD1:1
1. General Provisions CD1:1
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:7
Div. 3. Meetings CD2:7
Art. III. Officers and Employees CD2:12
Div. 1. Generally CD2:12
Div. 2. City Manager CD2:12
Div. 3. City Clerk CD2:13
Div. 4. City Attorney CD2:13
Div. 5. Reserved CD2:14
Supp. No. 26 xi
CAPE CANAVERAL CODE
Chapter Page
Div. 6. Reserved CD2:14
Art. IV. Boards, Committees, Commissions CD2:14
Div. 1. Generally CD2:14
Div. 2. Reserved CD2:14.4
Art. V. Finance CD2:14.4
Div. 1. Generally CD2:14.4
Div. 2. Purchasing CD2:14.9
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:19
Div. 1. Generally CD2:19
Div. 2. Code Enforcement Board CD2:19
Div. 3. Code Enforcement Citations CD2:22
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 CD6:5
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. 26 xii
(111110" 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
(woe 40. Human Relations CD40:1
Art. I. In General CD40:3
Supp. No. 26 xiii
CAPE CANAVERAL CODE
Chapter Page
Art. II. Reserved CD40:3
41. Reserved CD41:1
42. Law Enforcement CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
43-45. Reserved CD43:1
46. Library CD46:1
Art. I. In General CD46:3
Art. II. Library Board CD46:3
47-49. Reserved CD47:1
50. Offenses and Miscellaneous Provisions CD50:1
51-53. Reserved CD51:1
54. Parks and Recreation CD54:1
Art. I. In General CD54:3
Art. II. Culture and Leisure Services Board CD54:13
Art. III. Vessel Control and Water Safety CD54:13
55-57. Reserved CD55:1
58. Planning CD58:1
Art. I. In General CD58:3 'Nor)
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. 26 xiv
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. II. Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75:1
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and 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
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
Art. IX. International Property Maintenance Code CD82:15
Art. X. Reserved CD82:16
Supp. No. 26 xV
CAPE CANAVERAL CODE
Chapter Page
Arts. XI—XIII. Reserved CD82:16
Art. XIV. Numbering of Buildings and Property CD82:16
Art. XV. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit CD82:17
Art. XVI. Temporary Storage Units CD82:19
83-85. Reserved CD83:1
86. Concurrency Management System CD86:1
Art. I. In General CD86:3
Art. II. Transportation Facility Proportionate Fair-
Share Mitigation Program CD86:11
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:5
Art. II. Floodplain Management CD90:5
Div. 1. Administration CD90:5
Part A. General CD90:5
Part B. Applicability CD90:6
Part C. Duties and Powers of the Floodplain
Administrator CD90:7
Part D. Permits CD90:9
Part E. Site Plans and Construction Docu-
ments CD90:11
Part F. Inspections CD90:13
Part G. Variances and Appeals CD90:14
Part H. Violations CD90:16
Div. 2. Definitions CD90:16
Div. 3. Flood Resistant Development CD90:20
Part A. Buildings and Structures CD9020
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. 26 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 CD98:5
Art. II. Plats and Lot Splits CD98:10
Div. 1. Generally CD98:10
Div. 2. Preapplication CD98:10
Div. 3. Preliminary Plat CD98:11
Div. 4. Final Plat CD98:14
Div. 5. Lot Splits CD98:16
Div. 6. Lot Line Adjustments CD98:18
(lore Art. III. Construction CD98:20
Div. 1. Generally CD98:20
Div. 2. Permit CD98:20
Div. 3. Inspections; Certificate of Completion CD98:21
Art. IV. Improvements CD98:22
Div. 1. Generally CD98:22
Div. 2. Design Standards CD98:26
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
(11111000' Div. 2. Rezonings CD110:22
Div. 3. Variances CD110:23
Supp. No. 26 xvii
CAPE CANAVERAL CODE
Chapter Page
Div. 4. Special Exceptions CD110:24
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 CD110:74.1
Div. 3. Offstreet Loading CD110:74.3
Div. 4. Home Occupations CD 110:74.3
Div. 5. Setbacks CD110:74.4
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
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Supp. No. 26 xviii
(Iwo' TABLE OF CONTENTS—Cont'd.
Chapter Page
115. Vested Rights CD115:1
Art. I. In General CD115:3
Art. II. Residential Densities CD115:7
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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Supp. No. 26 xix
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Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis, it has become evident that through usage and supplementation many
pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to determine
whether the Code volume properly reflects the latest printing of each page.
In the first column all page numbers are listed in sequence. The second column reflects
the latest printing of the pages as they should appear in an up-to-date volume. The letters
"OC" indicate the pages have not been reprinted in the Supplement Service and appear as
published for the original Code. When a page has been reprinted or printed in the
Supplement Service,this column reflects the identification number or Supplement Number
printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in compiling
an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp.No. Page No. Supp.No.
L Title Page 25 CHTCT:1 OC
iii 25 CHTCT:3 21
iv.i 22 CD1:1 OC
v,vi OC CD 1:3,CD 1:4 OC
vii OC CD 1:5,CD 1:6 12
ix,x 1 CD 1:7 12
xi,xii 26 CD2:1,CD2:2 22
xiii,xiv 26 CD2:3 25
xv,xvi 26 CD2:5,CD2:6 24
xvii,xviii 26 CD2:6.1 24
xix 26 CD2:7,CD2:8 22
SH:1, SH:2 24 CD2:9,CD2:10 23
SH:3 26 CD2:11,CD2:12 23
CHT:1,CHT:2 20 CD2:13,CD2:14 21
CHT:3,CHT:4 20 CD2:14.1,CD2:14.2 21
CHT:5,CHT:6 21 CD2:14.3,CD2:14.4 21
CHT:7,CHT:8 20 CD2:14.5,CD2:14.6 21
CHT:9,CHT:10 20 CD2:14.7,CD2:14.8 22
CHT:11,CHT:12 20 CD2:14.9,CD2:14.10 22
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Supp.No.26
(....., SUPPLEMENT HISTORY TABLE
Dam Inclu� - ,
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
s -,--1-:,,,, ` :*'"AIM Nom:. . , .
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
.. . ° i
01-2017 1-17-17 Include 26
02-2017 1-17-17 Include 26
03-2017 2-21-17 Include 26
04-2017 4-18-17 Include 26
05-2017 6-20-17 Omit 26
06-2017 6-20-17 Include 26
08-2017 7-18-17 Include 26
L
09-2017 7-18-17 Include 26
2017 08(Res.)
7-18-17
Include 26
2017-09(Res.) 7-18-17 Include 26
11-2017 8-15-17 Include 26
12-2017 8-15-17 Include 26
2017-15(Res.) 8-15-17 Include 26
L
Supp. No. 26 SH:3
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ADMINISTRATION §2-283
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, (a) The following city codes and ordinances
fire safety inspectors, or any other employee or may be enforced by civil citation to the Brevard
agent authorized by the city council and/or city County Court, and are assigned the violation
manager. All such officers employed by the city classification enumerated below:
shall receive training as prescribed by the city
council and/or city manager. (1) Chapter 38, article IV,
Fireworks Class II.
(b) Person shall mean any individual,associa- Chapter 34, article II,Litter Class I.
tions,joint ventures, partnerships, corporations, (3) Chapter 34, article III,
trusts, sole proprietorships, and any and all Property Maintenance
other groups or combinations and legal entities. Standards Class I.
(4) Chapter 34, article V, Noise Class I.
(c) Repeat violation shall be as defined by F.S.
ch. 162, and as may be amended from time to (5) Chapter 34, article VII,
Lights Class I.
time.
(6) Section 14-3, Bees and
(d) Violation shall mean the act of breaking, beehives prohibited Class I.
infringing or transgressing any provision of the (7) Chapter 14, article III, Sea
City Code, its ordinances or other law by a Turtles Class I.
person, pursuant to this division. (8) Section 110 467, Garage
(Ord. No. 06 2004, § 2, 4-20-04) sales Class I.
(9) Section 110-582, Swimming
Sec. 2-282. Authorization of citation pool barriers Class II.
program. (10) Chapter 62, Solid wasteClass I.
(11) Section 110-487, Rental
(a) The city hereby adopts a code enforcement restrictions on dwelling units Class IV.
citation system to provide an additional and
supplemental method of enforcing the enumer (12) Chapter 82, article XIV,
Numbering of Buildings and
ated codes and ordinances enumerated in section Property Class I.
2-283 or specifically made subject to this division
elsewhere in the City Code. The enforcement (13) Chapter 82, article V,
method shall be by the issuance of citations for Registration and
violation of duly enacted city codes and ordinances Maintenance of Properties
in accordance with the rules and procedures in Foreclosure Class IV.
established by this division and F.S. Ch. 162. (14) Section 94-6,Prohibited signs
and features Class I.
(b) Code enforcement officers shall not have (15) Chapter 90, article V,
the power of arrest for purposes of bringing a construction site stormwa-
violation in compliance. For each violation, the ter runoff control Class II.
code enforcement officer shall determine, using
reasonable discretion, whether to prosecute the (16) Chapter 92, Fertilizer Land
violation through the civil citation system under Application Class I.
this division and/or the code enforcement board. (17) Chapter 6, article III, Pos-
(Ord. No. 06-2004, § 2, 4-20-04) session and Consumption Class I.
Supp. No. 26 CD2:22.1
§2-283 CAPE CANAVERAL CODE
(18) Chapter 50, section 50-4, Sec. 2-286. Violation; penalties; general.
Sleeping and Camping in
Public Areas and Beaches. . Class I. (a) A violation of a city code or ordinance
specifically made subject to this division is hereby
(b) In the event of a conflict between the civil deemed a civil infraction.
penalties enumerated in this section and a civil (b) Each violation of a city code or ordinance
penalty specifically enumerated elsewhere in specifically made subject to this division is a
this Code or other ordinances,the more stringent separate civil infraction. Each day such violation
penalty shall apply. shall continue shall be deemed to constitute a
(Ord. No. 06-2004,§2,4-20-04;Ord. No. 06-2007, separate civil infraction.
§ 2, 10-16-07; Ord. No. 06-2012, § 3, 4-17-12; (c) The maximum civil penalty pursuant to
Ord. No. 07-2012,§3,5-15-12;Ord. No. 09-2012, this division, shall not exceed $500.00 plus all
§ 2, 6-19-12; Ord. No. 21-2012, § 2, 12-18-12; applicable court costs and legislative assess-
Ord. No. 08-2013,§3,7-16-13;Ord. No. 17-2013, ments, per violation.
§ 3, 1-21-14;Ord. No. 01-2017, § 2, 1-17-17;Ord.
No. 03-2017, § 2, 2-21-17) (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
to enforcement pursuant to sections 553.79 and
(b) Except for sworn law enforcement officers, 553.80 of the Florida Building Code, as applied
the designation of code enforcement officers under to construction, provided that a building permit
this division does not confer the power of arrest is either not required or has been issued by the
or other law enforcement powers nor subject the city.
code enforcement officers to the provisions of F.S. (Ord. No. 06-2004, § 2, 4-20-04)
Ch. 943.
(Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-287. Citation issuance procedure.
All citations issued pursuant to this division
Sec. 2-285. Citation powers; personal by a code enforcement officer shall be in
investigation;reasonable cause. accordance with the following procedure:
Any code enforcement officer is hereby (a) Warning notice. Except as provided in
authorized to issue a citation to a person when, subsection(b), a code enforcement officer
based upon personal investigation, the officer shall provide a warning notice prior to
issuing a citation. The warning notice
has reasonable cause to believe that the person shall at a minimum provide the follow
has committed a civil infraction in violation of
the duly enacted code or ordinance which is ing:
either identified in section 2-283 of this division (1) The code or ordinance provision
or specifically made subject to this division violated;
elsewhere in the City Code,regardless of whether (2) The date of the issuance of the
the violation constitutes a repeat violation. Noth- warning notice;
ing in this section shall prohibit the city from
enforcing its codes or ordinances by any other
means.
(Ord. No. 06-2004, § 2, 4-20-04)
Supp. No. 26 CD2:22.2
Chapter 6
ALCOHOLIC BEVERAGES*
Article I. In General
Sec. 6-1. Penalty.
Secs. 6-2-6-25. Reserved.
Article II. Operation of Establishments
Sec. 6-26. Hours of operation.
Sec. 6-27. Nudity on premises where served,consumed or stored.
Secs. 6-28-6-50. Reserved.
Article III. Possession and Consumption
Division 1. Generally
Sec. 6-51. Streets,alleys,sidewalks and parking areas.
Sec. 6-52. Parks and recreation areas.
Sec. 6-53. Ocean beach.
Sec. 6-54. Penalties.
Secs. 6-55-6-65. Reserved.
Division 2. Motor Vehicles
Sec. 6-66. Definitions.
Sec. 6-67. Policy and intent.
Sec. 6-68. Open containers prohibited.
Sec. 6-69. Exceptions.
*Cross references—Businesses,ch. 16;alcoholic beverages in vehicles for hire,§80-87;alcoholic beverage establishments
a special exception under the zoning regulations, § 110-171 et seq.
State law reference—Alcoholic beverages,F.S. ch. 561 et seq.
Supp. No. 26 CD6:1
J
J
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ALCOHOLIC BEVERAGES §6-27
ARTICLE I. IN GENERAL (2) Suffer or permit any female person,while
on the premises of the commercial
Sec. 6-1. Penalty. establishment, to employ any device or
covering which is intended to give the
Any person violating this chapter shall be appearance of or simulate such portions
punished as provided in section 1-15, or as of the human female breast as described
otherwise specifically provided herein. in subsection (a)(1) of this section.
(Code 1981, §§ 733.04, 733.05, 734.03, 737.09; (3) Suffer or permit any person,while on the
Ord. No. O1 2017, § 2, 1-17-17) premises of the commercial establish-
ment,to expose to public view the genitals,
Secs. 6-2-6-25. Reserved. pubic area,buttocks,anus or anal cleft or
cleavage of such person.
ARTICLE II. OPERATION OF (4) Suffer or permit any person,while on the
ESTABLISHMENTS premises of the commercial establish-
ment, to employ any device or covering
Sec. 6-26. Hours of operation. which is intended to give the appearance
of or simulate the genitals, pubic area,
(a) Any commercial establishment which buttocks, anus, anal cleft or cleavage.
serves, dispenses, stores or sells alcoholic bever-
ages,or where alcoholic beverages are consumed, (b) It shall be unlawful for any female person
or which holds a license under the division of while on the premises of a commercial establish-
beverages for either on-premises or off-premises ment located within the city at which alcoholic
consumption, shall have the hours of operation beverages are offered for sale, served, consumed
for the purposes of dispensing, selling, consum- or stored to expose to public view that area of the
ing or serving alcoholic beverages from 7:00 A.M. human female breast at or below the areola or to
of one day to 2:00 A.M. of the following day. employ any device or covering which is intended
to give the appearance of or simulate such areas
(b) Establishments within the city licensed by of the female breast as described in this subsec-
the state division of beverages may remain open tion.
until 4:00 a.m. on January 1 and shall not be
required to close at 2:00 a.m. as provided in (c) It shall be unlawful for any person while
subsection (a) of this section. on the premises of a commercial establishment
(Code 1981, §§ 733.01, 733.03; Ord. No. 10-94, located within the city at which alcoholic bever-
§ 1(733.01), 3-1-94) ages are offered for sale, served, consumed or
State law reference—Authority to regulate hours of stored to expose to public view the genitals,
sale,F.S. §562.14. pubic area, buttocks, anus or anal cleft or cleav-
age of such person or to employ any device or
Sec. 6-27. Nudity on premises where served, covering which is intended to give the appear
consumed or stored. ance of or simulate the genitals, pubic area,
buttocks, anus or anal cleft or cleavage.
(a) It shall be unlawful for any person
maintaining, owning, or operating a commercial (d) If the owner, operator, lessor, lessee,
establishment located within the city at which manager,employee or any other person participat-
alcoholic beverages are offered for sale, served, ing in the operation of a commercial establish
consumed or stored to: ment located within the city at which alcoholic
beverages are offered for sale, served, consumed
(1) Suffer or permit any female person,while or stored shall be convicted of any of the offenses
on the premises of the commercial designated in subsection(a),the business license
establishment, to expose to the public official, as designated by the city manager, shall
view that area of the human breast at or revoke the local business tax receipt for the
below the areola. establishment after giving a reasonable notice
Supp. No. 26 CD6:3
§6-27 CAPE CANAVERAL CODE
thereof to the holder of the receipt and affording recreational area, public recreation facility or
the holder an opportunity to be heard as to why public ballpark within the city, excluding the
the revocation should not be issued. ocean beach.
(Code 1981, § 734.01(A)—(C), (E); Ord. No.
02-2007, § 3, 2-20-07; Ord. No. 07-2008, § 3, (b) The city manager may waive the prohibi-
7-1-08) tions of this section for any special event,includ-
Cross reference—Adult entertainment regulations, ing but not limited to community picnics,
§ 10-86 et seq. charitable ball games and other events, provided
State law reference—Authority to regulate conduct, that nothing in this section shall be deemed to
F.S. §§562.14, 562.45.
waive any provisions of state law regulating
alcoholic beverages.
Secs. 6-28-6-50. Reserved. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94;
Ord. No. 12-2010, § 2, 10-19-10)
Cross reference—Parks and recreation,ch. 54.
ARTICLE III. POSSESSION AND
CONSUMPTION Sec. 6-53. Ocean beach.
DIVISION 1. GENERALLY (a) It shall be unlawful for any person to
possess an alcoholic beverage, as defined in F.S.
Sec. 6-51. Streets, alleys, sidewalks and ch. 561,on the ocean beach or dune in containers
parking areas. greater than one gallon (128 ounces) in capacity.
(a) It shall be unlawful for any person to (b) The city manager may waive the prohibi-
drink, consume or possess an open container of tions of this section for any special event includ
alcoholic beverage, as defined in F.S. § 561.01, ing, but not limited to, community picnics,
including but not limited to beer and wine, on or charitable ball games and other events,provided
upon any street, alley,walkway, sidewalk,public that nothing in this section shall be deemed to
dune crossover, or any city public parking area waive any provisions of state law regulating
open to the public. alcoholic beverages.
(Ord. No. 09-2006,§2,6-20-06;Ord. No. 12-2010,
(b) The city manager may waive the prohibi- 2, 10-19-10)
tions of this section for any special event, includ-
ing, but not limited to, community picnics, Sec. 6-54. Penalties.
charitable ball games and other events, provided
that nothing in this section shall be deemed to Any person who violates or fails to comply
waive any provisions of state law regulating with any provision of this Article III, Division 1,
alcoholic beverages. "Possession and Consumption—Generally" shall
(Code 1981, § 604.01; Ord. No. 06-2002, § 1, be subject to the following:
3-19-02; Ord. No. 12-2010, § 2, 10-19-10; Ord.
No. 01-2017, § 2, 1-17-17) (a) The issuance of a Class I citation in
Cross references—Library,ch. 46;parks and recreation accordance with the provisions of section
areas,ch. 54;streets, sidewalks and other public places,ch. 2-280 et seq., "Code Enforcement Cita-
66;waterways,ch. 106;zoning,ch. 110.
tions"; or
Sec. 6-52. Parks and recreation areas. (b) Enforcement by other means including,
but not limited to: A summons; a notice
(a) It shall be unlawful for any person to to appear in the county or circuit court;
drink, consume or possess an open container of an arrest; an action before the special
alcoholic beverage, as defined in F.S. ch. 561, magistrate/code enforcement board; or a
within the confines of any public park, public civil action for injunctive relief; or
Supp. No. 26 CD6:4
ALCOHOLIC BEVERAGES §6-69
(c) Punished in accordance with the general in the physical control of the passenger. An open
penalty set forth in section 1-15 of this container shall not be considered in the posses-
Code. sion of a person if the open container is located in
(Ord. No. 01-2017, § 2, 1-17-17) the refrigerator or other storage area of a motor
home or recreational vehicle which is in excess of
Secs. 6-55-6-65. Reserved. 21 feet in length.
Vehicle means every device in, upon or by
DIVISION 2. MOTOR VEHICLES* which any person or property is or may be
transported or drawn upon a highway, except
Sec. 6-66. Definitions. devices used exclusively upon stationary rails or
tracks.
The following words,terms and phrases,when (Code 1981, § 737.03; Ord. No. 5-93, § 1(737.03),
used in this division, shall have the meanings 4-6-93)
ascribed to them in this section, except where Cross reference—Definitions and rules of construction
the context clearly indicates a different meaning: generally,§ 1-2.
Alcoholic beverage means any beverage contain-
ing more than one percent of alcohol by weight. Sec. 6-67. Policy and intent.
Proof that a beverage in question was contained The city council finds that the consumption of
in an opened bottle or can, labeled as beer, ale, alcoholic beverages while driving or riding in or
malt liquor, malt beverage, wine, wine cooler or on a motor vehicle poses a grave and imminent
other similar name and which bears the hazard to the health, safety and welfare of the
manufacturer's insignia, name or trademark, residents of the city and is in conflict with and of
shall be prima facie evidence that such beverage the spirit of the beverage laws of the state. It
is an alcoholic beverage. therefore is declared to be the policy of the city
Highway means any public street, avenue, that the consumption of alcoholic beverages and
boulevard, roadway, alley, sidewalk, parking lot the possession of any open container containing
or other right-of-way or any area upon which the alcoholic beverages while driving or riding in or
public has a right to travel, whether public or on a motor vehicle is prohibited.
private, located within the incorporated area of (Code 1981, § 737.01)
the city.
Sec. 6-68. Open containers prohibited.
Open container means any bottle, can or other
receptacle or container containing any alcoholic It shall be unlawful for any person in any
beverage or any mixture containing an alcoholic motor vehicle to possess, to have readily acces-
beverage
which has been opened or a seal broken sible or to transport or to allow others to possess,
or the contents of which have been partially to have readily accessible or to transport any
removed. open container containing any alcoholic bever-
age or any mixture containing an alcoholic bever-
Possession means an open container shall be age while the motor vehicle is upon a street or
considered to be in the possession of the operator highway within the city.
of a vehicle if the container is not in the posses- (Code 1981, § 737.05)
sion of a passenger and is not located in a locked
glove compartment, locked trunk or other locked Sec. 6-69. Exceptions.
nonpassenger area of the vehicle. An open
container shall be considered to be in the posses (a) This division shall not apply to:
sion of a passenger of a vehicle if the container is (1) Any open container in a refrigerator in
the living area of a house trailer, travel
*Cross references—Streets,sidewalks and other public
places,ch. 66;traffic and vehicles,ch. 74. trailer, camping trailer, motorhome,
State law reference—Possession of open containers in camper and other similar type of facility
vehicles,F.S. § 316.1936. that is primarily designed and constructed
Supp. No. 26 CD6:5
§6-69 CAPE CANAVERAL CODE
to provide temporary living quarters and
utilized for traveling and recreational
purposes and that is equipped with
refrigeration facilities.
(2) The possession of any open container
containing any alcoholic beverage by any
state-licensed beverage salesperson,
vendor or agent, but only for purposes
specifically related to his employment as
a salesperson, vendor or agent and only
during normal working hours for such
business.
(3) The possession of any open container
containing any alcoholic beverage by any
duly ordained or authorized minister,
pastor,priest,rabbi or any other similarly
designated person of any religious order,
monastery, church or religious body, but
only for purposes specifically related to
the fulfillment of religious duties.
(4) The possession of any open container
containing any alcoholic beverage by any
law enforcement officer and employee of
a law enforcement agency,but only while Nod
in the performance of lawful duties.
(5) The possession of any open container
containing any alcoholic beverage by any
person engaged in picking up empty bever-
age containers solely for the purpose of
collecting the deposit or value of such
containers.
(6) The possession of any open container
containing any alcoholic beverage by any
person participating in a litter control or
pickup program.
(b) The exceptions stated in subsection (a) of
this section shall apply only to possession and
transportation of alcoholic beverages and open
containers, and not to drinking or consuming
alcoholic beverages.
(Code 1981, § 737.07)
3
Supp. No. 26 CD6:6
OFFENSES AND MISCELLANEOUS PROVISIONS §50-4
(f) Enforcement and penalties. with the city's contact information and
instructions on how to redeem removed
(1) Any person who is observed engaging in property for the 90-day period or, if the
any activity prohibited by this section individual claiming ownership of the
shall vacate the particular place at issue property is present at the time of removal,
upon the request of an authorized official such notice shall be provided to the
or law enforcement officer. The willful individual personally. If property is not
refusal to vacate the area shall be subject claimed within the 90-day period, the
to a penalty as provided in section property shall be deemed abandoned and
50-4(f)(4) of the City Code. Excluding the city shall have the right to dispose of
situations when a person is trespassing the property. An individual claiming the
upon private property, if a law enforce- property shall produce identification and
ment officer or other official encounters a shall sign a release form providing his or
person engaged in an activity prohibited her name and contact information and
by this section and that person volunteers swearing that the property belongs to the
that he or she has no home or permanent claiming party. Nothing herein shall limit
shelter, that person must be given an or restrict the city and its officials from
opportunity to enter a homeless shelter immediately destroying hazardous debris,
or similar facility, if available, or be trash, and items posing an immediate
placed on public property where the city risk to public health and safety, such as
or Brevard County has authorized camp- syringes. Items such as medicine,personal
ing or overnight sleeping. If no such identification, photographs, family
facility or public property is available, an memorabilia, toiletries, clothing, cell
arrest may not be made. A homeless phones, sleeping bags and blankets, and
shelter or similar facility is deemed"avail- non-hazardous items in containers, such
able" when it has an available overnight as backpacks or boxes, shall not be
space, open to an individual or family considered garbage and shall be removed
unit experiencing homelessness at no and stored in accordance with this sec-
charge. To qualify as available,the space tion.
must take into account sex, marital and (3) Should the city or its officials desire to
familial status,and disabilities. However, clean up public property being used for
if the individual cannot utilize the camping while personal property remains
overnight shelter space due to voluntary attended, the city shall prominently post
actions such as intoxication, drug use, a Notice to Vacate at the particular camp-
unruly behavior, or violation of shelter ing location at least 24 hours in advance
rules, the overnight shelter space shall of the cleaning, except that notice shall
still be considered available. Situations not be required prior to removal of
involving trespass upon private property personal property or trash posing an
shall be handled by law enforcement in immediate risk to public health and safety.
accordance with trespass laws. Personal property remaining at the time
of the scheduled cleaning may be removed.
(2) If personal property remains in violation Such personal property shall be stored
of subsection(d)after an arrest,entrance and post-removal notice shall be posted
into a homeless shelter or similar facility, as provided above in this section.
or if it is otherwise left unattended, the (4) Any person who violates or fails to comply
city's law enforcement officer or official with any provisions of this section 50-4
may remove such personal property to a shall be subject to the following:
secure location for a period of not less (a) The issuance of a Class I citation in
than 90 days. Notice of the removal shall accordance with the provisions of
be posted and remain at the nearest section 2 280,et seq.,"Code Enforce
reasonable location to the place of removal ment Citations"; or
Supp. No. 26 CD50:5
§ 50-4 CAPE CANAVERAL CODE
j
(b) Enforcement by other means includ-
ing, but not limited to: a summons;
a notice to appear in the county or
circuit court; an arrest; an action
before the special magistrate/code
enforcement board; or a civil action
for injunctive relief; or
(c) Punished in accordance with the
general penalty set forth in section
1-15 of this Code.
(g) Exclusions. The prohibitions in this sec-
tion shall not apply to public shelters, public
buildings, public parks or beaches, or public
property where the city or Brevard County has
authorized camping or overnight sleeping.
(Ord. No. 15-97, § 1, 12-2-97; Ord. No. 13-2005,
§ 2, 8-2-05; Ord. No. 06-2015, § 2, 7-21-15; Ord.
No. 03-2017, § 2, 2-21-17)
Sec. 50-5. Recreational fires, generally.
Recreational campfires and cooking fires are
permitted within the city provided that they are
confined within a self-contained UL-listed
container, comply with all City Code and Florida
Fire Prevention Code requirements, and do not
produce excessive smoke emissions. Recreational
fires within city parks, including but not limited
to city beaches, are additionally subject to sec-
tion 54-16 of the City Code.
(Ord. No. 06-2015, § 2, 7-21-15)
3
Supp. No. 26 CD50:6
VEHICLES FOR HIRE §80-76
Sec. 80-57. Surrender; revocation; suspen- (c) General mechanical condition;cleanliness;
sion. lighting. Each public vehicle regulated by this
chapter shall be at all times in good order and
(a) The public vehicle driver's permit of any repair(i.e.,having no damage or rust holes)with
driver shall immediately become void and shall the interior of the vehicle kept in good appear-
be surrendered immediately by him upon his ance, the windows and doors secure and opening
conviction of or plea of guilty or nolo contendere properly, and mechanically safe (i.e., brakes,
to any specified criminal offense or a felony steering,exhaust system,tires and lights function-
punishable under the laws of the United States. ing properly);and such vehicle is to be in a clean
(b) The city manager, after ten days'notice by condition and well ventilated when in operation,
personal service, shall have the power to revoke so as to render safe, adequate and proper public
or suspend the permit of any driver issued a service,and so as not to be a menace to the safety
permit under this chapter for any of the follow- of the patron of the car or the general public.
Every vehicle shall be efficiently lighted at night.
ing causes:
(1) Violation of traffic and safety laws and (d) Mechanical inspection.
ordinances on two or more occasions in (1) It shall be the duty of the operator of
any 12-month period. each public vehicle to submit such motor
vehicle to the city manager or designee
(2) Failure to report any accident in which at least once every three months, for the
such driver is involved, however slight. purpose of having the general mechani-
(3) Operation of any public vehicle known to cal condition of such vehicle examined
the driver not to be in good order and and tested for safe efficiency.
repair. (2) Upon completion of the inspection, the
(4) Conviction of reckless driving or driving operator will submit to the city manager,
under the influence of drugs or alcohol. no later than ten days from the inspec
tion date,evidence that the motor vehicle
(5) Violation of any substantial provision of has met the safety requirements of a
this chapter. public transportation vehicle and has
(6) Failure to pay any license fee required by passed the safety inspection.
this chapter. (3) If any such vehicle shall be found to be
(Ord. No. 44-93, § 1(683.37), 1-4-94) unsafe, unfit or in an unclean condition,
the owner thereof shall be notified at
once that such vehicle shall not be oper-
Secs. 80-58-80-75. Reserved. ated thereafter until such defective or
unclean condition has been remedied to
ARTICLE IV. REGULATIONS the satisfaction of the city manager.
(e) Letters, numbers required. Each vehicle
Sec. 80-76. Required equipment;standards. regulated by this chapter shall bear on the
outside on at least two sides the name of the
(a) Compliance. Every public vehicle for which owner in letters not less than five inches high
a certificate is issued under this chapter shall and plainly visible at a distance of 100 feet; and
comply with the requirements for equipment on two sides and the back,the owner's telephone
established in this chapter. numbers in letters not less than five inches high
(b) Vehicle type, capacity. Each public vehicle and plainly visible at a distance of 100 feet.
regulated by this chapter shall be of the enclosed (f) Taximeters. All public vehicles operated
or sedan type with four doors and of not less than under the authority of this chapter shall be
five passenger capacity. equipped with taximeters fastened in front of the
Supp. No. 26 CD80:7
§80-76 CAPE CANAVERAL CODE
passengers, visible to them at all times day and Sec. 80-78. Charging rates in excess of
night, and, after sundown, the face of the established rates.
taximeter shall be illuminated. Such taximeters
shall be operated by a mechanism of standard It shall be unlawful for the operator of any
design and construction, driven either from the public vehicle to change or demand from any
transmission or from one of the front wheels by a customer any sum of money in excess of those
flexible and permanently attached driving rates or charges posted in the vehicle.
mechanism. They shall be sealed at all points (Ord. No. 44 93, § 1(683.43), 1-4-94)
and connections which, if manipulated, would
affect their correct reading and recording. Each Sec. 80-79. Number of passengers carried.
taximeter shall have thereon a flag to denote Not more than one passenger shall be
when the vehicle is employed and when it is not transported at one time unless the operator
employed;and it shall be the duty of the driver to requests and receives the affirmative consent of
throw the flag of such taximeter into a nonre- the person first engaging the public vehicle.
cording position at the termination of each trip. (Ord. No. 44-93, § 1(683.59), 1-4-94)
The taximeters shall be subject to inspection
from time to time by the city manager or designee. Sec. 80-80. Transporting nonpaying pas-
If the taximeter is not in the required working sengers with paying passengers.
condition, the public vehicle shall be kept out of
service until the taximeter is repaired and in the No nonpaying passenger shall be transported
required working condition. with a paying passenger,except bona fide officers
(g) Substitution of equipment. No equipment or employees of the owner, or police officers or
shall be substituted for that described in the firemen engaged in the performance of their
certificate of public convenience and necessity duty and unable to obtain other adequate means
unless and until it has been inspected and of transportation.
approved by the city manager and the substitu (Ord. No. 44 93, § 1(683.61), 1-4-94)
tion or addition has been endorsed on the
certificate by the city manager and attested by Sec. 80-81. Receiving police radio calls
the city clerk. prohibited; radios which may
(Ord. No. 44-93, § 1(683.45-683.57), 1-4-94) be used.
It shall be unlawful to operate any public
Sec. 80-77. Schedule of rates and charges. vehicle along the streets in which a radio is
(a) Each holder of a certificate of public installed which is capable of receiving police
convenience and necessity shall provide the city calls. It shall not be unlawful for such public
manager with a schedule of rates and charges vehicles to be equipped with a radio capable of
and any revisions thereto which will apply to the receiving only a standard broadcast or radio
persons and their baggage which are to be calls on a frequency assigned to the exclusive use
transported in his public vehicles. of the entity operating such public vehicle by the
Federal Communications Commission.
(b) It shall be the duty of each operator of any (Ord. No. 44-93, § 1(683.63), 1-4-94)
public vehicle to have at all times affixed in a
prominent and conspicuous place or places,read- Sec. 80-82. Stands, depots, terminals and
ily visible to the occupants of both the front and parking.
rear seats of the vehicle, a schedule of the rates
or charges for the transportation services (a) Each owner or holder of a certificate of
furnished by the operator of the vehicles. Such public convenience and necessity shall provide a
schedules of rates and charges shall be in the stand, depot or terminal at his place of business
form and substance established and approved by for off-street parking or garage space of suf-
the city manager. ficient size to accommodate each vehicle
(Ord. No. 44-93, § 1(683.39, 683.41), 1-4-94) authorized by such certificate. For the purpose of
Supp. No. 26 CD80:8
VEHICLES FOR HIRE §80-88
this section, 180 square feet of lot or floor area make a record of a fictitious name in reporting a
meeting dimensional requirements as set forth bona fide call, nor shall a fictitious or false
in section 110-494,together with approved means address of the point of origin or designation be
of ingress and egress thereto, shall be deemed to knowingly reported.
be a minimum parking area or garage space for (Ord. No. 44-93, § 1(683.71), 1-4-94)
one vehicle.
(b) No taxistand shall be permitted on the Sec. 80-86. Lost money or property.
streets within the city. It shall be unlawful for The person in charge of any public vehicle
public vehicles to appropriate any portion of any shall carefully preserve any money or other
city street as a location for storage, respite, property left in such vehicle by any passenger
convocation, assembly or staging when they are and the same shall be deposited promptly with
not employed in the carriage of persons or the owner of the vehicle who shall immediately
property or when awaiting or soliciting such turn over to the city manager such money or
employment without first having obtained a other property,where the same may be called for
permit from the city manager. by the owner. The city manager shall keep a
(Ord. No. 44-93, § 1(683.65), 1-4-94; Ord. No. record of all such money or other property. When
04-2017, § 3, 4-18-17) such money or property shall have been identi-
fied and ownership established, the same shall
Sec. 80-83. Cruising, soliciting business be promptly delivered to such owner. Any property,
prohibited. whether money or other thing,which shall not be
called for within 60 days shall be disposed of by
Public vehicles shall not be permitted to cruise the city manager in accordance with procedures
seeking employment. No person shall solicit established by the city manager.
patronage for any public vehicles by word, signal (Ord. No. 44-93, § 1(683.73), 1-4-94)
or otherwise on any public street or public
property in the city. Sec. 80-87. Alcoholic beverages.
(Ord. No. 44-93, § 1(685.67), 1-4-94)
The transportation of alcoholic beverages,other
Sec. 80-84. Driver's attendance to vehicle. than alcoholic beverages in an unopened container
carried in the possession of a passenger who is
Every public vehicle while in operation for the being transported for compensation at the regular
solicitation or transportation of passengers shall rate and fare charged other than passengers, in
be attended by the driver at all times, except any public vehicle is prohibited.
when such driver is actually engaged in loading (Ord. No. 44-93, § 1(683.75), 1-4-94)
and unloading. Cross reference—Alcoholic beverages,ch. 6.
(Ord. No. 44-93, § 1(685.69), 1-4-94)
Sec. 80-88. Report of accidents.
Sec. 80-85. Maintenance of records. Every accident in which any public vehicle is
Every owner regulated by this chapter shall involved shall be immediately reported to the
keep and maintain a clean, neat,written record, city manager, however slight the accident may
in form prescribed by the city manager, showing be.
for each day the number of public vehicles (Ord. No. 44-93, § 1(683.77), 1-4-94)
operated, the driver of each such vehicle, the
origin and destination of all calls and by whom
received and each trip made by such vehicle, the
amount charged therefor,and such other informa-
tion as the city manager may require. Such
records shall be open at all times to inspection by
the city and shall be preserved for a period of not
less than one year. No person shall knowingly
Supp. No. 26 CD80:9
J
L
Chapter 98
SUBDIVISIONS*
Article I. In General
Sec. 98-1. Definitions.
Sec. 98-2. Purpose.
Sec. 98-3. Powers of planning and zoning board.
Sec. 98-4. Variance.
Sec. 98-5. Appeals and arbitrations.
Sec. 98-6. Remedies.
Secs. 98-7-98-30. Reserved.
Article II. Plats and Lot Splits
Division 1. Generally
Sec. 98-31. Division of land;review and approval required;zoning.
Secs. 98-32-98-35. Reserved.
Division 2. Preapplication
Sec. 98-36. Submittal and review procedures.
Secs. 98-37-98-40. Reserved.
Division 3. Preliminary Plat
Sec. 98-41. Information required.
Sec. 98-42. Reserved.
Sec. 98-43. Reserved.
Sec. 98-44. Reserved.
Sec. 98-45. City review.
Sec. 98-46. Planning and zoning board and city council review.
Sec. 98-47. General criteria for approval.
Sec. 98-48. Time limit.
Secs. 98-49-98-55. Reserved.
Division 4. Final Plat
Sec. 98-56. Conformance to preliminary plat.
Sec. 98-57. Reserved.
Sec. 98-58. Data required for final approval.
Sec. 98-59. Documents required prior to approval.
Sec. 98-60. Application for approval.
Sec. 98-61. Planning and zoning board and city council review; general
criteria for approval.
Sec. 98-62. Recording.
Secs. 98-63-98-65. Reserved.
*Cross references-Code enforcement,ch. 2,art. VI;planning,ch. 58;floods,ch. 90;stormwater management,§90-116 et
seq.
State law reference-Plats and platting,F.S. ch. 177.
Supp. No. 26 CD98:1
CAPE CANAVERAL CODE
Division 5. Lot Splits
Sec. 98-66. Lot splits.
Division 6. Lot Line Adjustments
Sec. 98-67. Lot line adjustments.
Article III. Construction
Division 1. Generally
Sec. 98-68. Reserved.
Division 2. Permit
Sec. 98-69. Required;penalty.
Sec. 98-70. Procedure.
Sec. 98-71. Submission of construction plans and specifications.
Sec. 98-72. Review.
Sec. 98-73. Approval of plans and specifications.
Sec. 98-74. Master survey point.
Sec. 98-75. Issuance.
Sec. 98-76. Term;revocation.
Secs. 98-77-98-79. Reserved.
Division 3. Inspections;Certificate of Completion
Sec. 98-80. Inspections.
Sec. 98-81. Submission of data.
Sec. 98-82. Notification.
Sec. 98-83. Issuance of certificate of completion.
Secs. 98-84,98-85. Reserved.
Article W. Improvements
Division 1. Generally
Sec. 98-86. Development and enforcement of regulations.
Sec. 98-87. Permanent markers.
Sec. 98-88. Elevation.
Sec. 98-89. Water supply.
Sec. 98-90. Sewers.
Sec. 98-91. Drainage.
Sec. 98-92. Streets.
Sec. 98-93. Boundary line survey.
Sec. 98-94. Final acceptance of work.
Secs. 98-95-98-105. Reserved.
Division 2. Design Standards
Sec. 98-106. Blocks.
Sec. 98-107. Lots.
Sec. 98-108. Easements.
Sec. 98-109. Public sites and open spaces.
Sec. 98-110. Alleys.
Sec. 98-111. Surface and storm drainage.
Sec. 98-112. Potable water systems.
Sec. 98-113. Sanitary sewer system.
Supp. No. 26 CD98:2
SUBDIVISIONS
Sec. 98-114. Streets,roads and alleys—Generally.
Sec. 98-115. Same—Technical specifications.
Sec. 98-116. Bridges.
Sec. 98-117. Canals.
Sec. 98-118. Bulkheads or retainer walls.
Sec. 98-119. Street names.
Supp. No. 26 CD98:3
J
SUBDIVISIONS §98-1
ARTICLE I. IN GENERAL completed in conformity with the requirements
of this chapter and the approved construction
Sec. 98-1. Definitions. plans and specifications.
The following words,terms and phrases,when Certificate of ownership means an opinion of
used in this chapter, shall have the meanings title of a licensed attorney or title company
ascribed to them in this section, except where certifying to the city,based upon an examination
the context clearly indicates a different meaning: of an abstract of title or the official records of the
city,stating that the applicant is the owner in fee
Alley means a minor roadway which is used simple to the tract submitted for subdivision.
primarily for vehicular service access to the back The certificate shall also state the names and
or the side of properties otherwise abutting on a nature of all liens, mortgages and encumbrances
street. against the title to the tract, if any.
Applicant means the record owner, or his Comprehensive plan means a plan,which may
authorized representative, of a tract of land that consist of several maps, data and other descrip-
is to be used as a subdivision within the scope of tive matter, for the physical development of the
this chapter. city or any portion thereof,including any amend-
Bikeway means an area which is restricted to ments, extensions or additions thereto adopted
pedestrian and bicycle traffic. by the city council, indicating the general loca-
tions for major roads, parks or other public open
Block means a lot or group of lots entirely and spaces, public building sites, routes for public
immediately surrounded by streets or highways, utilities,zoning districts or other similar informa-
railroad rights-of-way,watercourses, subdivision tion.
boundaries, or any combination thereof.
Construction permit means the permit to begin
Board means the planning and zoning board construction of improvements according to the
of the city. construction plans and specifications approved
Bridge means a structure erected over a depres under this chapter.
sion or an obstacle, as over a river, canal or Construction plans and specifications means
street, and carrying a roadway for passenger or the engineering drawings, specifications, tests
vehicle traffic. and data necessary to show construction of the
Building line means the effective building line proposed improvements in a subdivision.
as defined by the setback provisions of the
Cul-de-sac means a street having one open
planning and zoning board. end and being permanently terminated by a
Bulkhead means a retaining wall or structure vehicular turnaround.
designed to prevent the erosion of land by water
action. Dedication means the deliberate appropria-
tion of land by its owner for any general and
Bulkhead line means an artificial line public uses, reserving to himself no other rights
established in or along a river, watercourse or than such as are compatible with the full exercise
body of water designating the maximum distance and enjoyment of the public uses to which the
or limit that land filling will be permitted. property has been devoted.
Canal means an artificial watercourse,trench DEP means the Florida Department of
or ditch in the earth for confining water to a Environmental Protection or its successor depart-
defined channel. ments/agencies.
Certificate of acceptance means that certificate Development plan means a plan indicating the
issued by the city engineer subsequent to final design of a subdivision in compliance with the
inspection that all improvements have been requirements of this chapter.
Supp. No. 26 CD98:5
§98-1 CAPE CANAVERAL CODE
Development stage means a specified portion information in compliance with all applicable
of a subdivision that may be developed as an sections of this chapter or any other applicable
independent entity that is delineated in the policy, regulation, ordinance or law.
preliminary plat or development plan,whichever
is applicable. Prime aquifer recharge areas means all land
areas from which the infiltration of water
DOT means the Florida Department of naturally recharges a fresh water aquifer in the
Transportation. city.
Drainage district means the St. Johns River P.R.M. means a permanent reference monu-
Water Management District. ment as defined in F.S. ch. 177.
Easement means a right-of-way granted for Protective covenants means an agreement which
limited use of private property for a public or restricts the use of private property.
quasipublic purpose. Public improvements means those improve-
Finger means a manmade portion of land ments required to be dedicated to the city for use
nearly surrounded by water, consisting of a by the public,including but not limited to streets,
roadway ending in a cul-de-sac and lots on both sidewalks,drainage,preservation areas and other
sides of the road; the lots abut the roadway and easements and rights-of-way, street signs and
the water. signals or water and sewer facilities as defined
in this chapter or any other applicable city policy,
Hardship means an unnecessary inability to regulation, ordinance, or law.
use the applicant's land in accordance with
zoning ordinances and laws or land use ordinances Required improvement means an item of
which exists due to conditions or circumstances construction required under this chapter in order
peculiar to the applicant's land and does not to improve a tract of land.
result from the actions of the applicant. Retainer wall. See the definition of"bulkhead."
Lot means a tract or parcel of land identified Right-of-way means land reserved, used or to
as a single unit in a subdivision. be used for a street, alley, walkway, drainage
Lot depth means a distance measured in the facility or other public purpose.
mean direction of the sidelines of the lot from the Sight distance means the minimum extent of
midpoint of the front lot line to the midpoint of an unobstructed forward vision (in a horizontal
the opposite main rear line on the lot. plane) along a street from a vehicle located at
Lot width means the mean horizontal distance any given point on a street.
between the sidelines measured at right angles Sketch plan means an informal plan indicat-
to the depth. ing the salient existing features of the site and
Mosquito control means the director of the its surroundings as described in section 98-41 et
Brevard County Mosquito Control District. seq. and the general layout of a proposed subdivi-
sion.
N.G.V.D. of 1929 means the National Geodetic
Vertical Datum of 1929. Street means a public way for vehicular traf-
fic, whether designated as a street, highway,
P.C.P. means a permanent control point as thoroughfare, parkway, throughway, road,
defined in F.S. ch. 177. boulevard, lane, place or however designated.
Planning official means the community (1) Arterial streets and highways means those
development director or his or her designee. which are used primarily for through
Plat means a map or delineated representa- traffic.
tion of the subdivision of a tract,being a complete, (2) Collector or feeder streets means those
exact representation of the subdivision and other which carry traffic from minor streets to
Supp. No. 26 CD98:6
SUBDIVISIONS §98-2
the major system of arterial streets or Tree means any self-supporting perennial plant
highways,including the principal entrance which has a trunk diameter of at least six inches
streets of a residential development and measured one foot above the ground at the base
streets for circulation within such a of the tree and which normally grows to a
development. minimal height of at least 25 feet during its
(3) Marginal access streets means minor lifetime.
streets which are parallel and adjacent Unit means the lesser lot or parcel that results
to arterial streets and highways and from the division of a tract.
which provide access to abutting proper-
ties and protection from traffic. USCOE means the United States Army Corps
(4) Minor streets mean those which are used of Engineers.
primarily for access to abutting property.
(5) Expressways means streets or highways Utilities means water,sewage,drainage,electric
light and power, telephone and gas lines.
intended for fast and heavy traffic travel-
ing a considerable distance on which Watercourse means a stream of water flowing
points of ingress or egress and crossings in a definite course, provided continued flow is
are controlled, limited or separated. unnecessary if the stream has substantial
(6) Half street means a street generally paral- existence.
lel and adjacent to the boundary of a (Code 1981,§503.02;Ord. No. 22-93,§ 1(503.02),
tract, having a lesser right-of-way width 7-6-93; Ord. No. 08-2017, § 2, 7-18-17)
than required for a full width of the type Cross reference—Definitions and rules of construction
involved. generally, § 1-2.
Subdivider means the record owner, or Sec. 98-2. Purpose.
designated representative, of a tract of land who
undertakes the activities covered by this chapter, (a) The procedures and standards for the
particularly the drawing up of a subdivision plat development and subdivision of real estate and
showing the layout of the land and the public for the surveying and platting thereof, adopted
improvements involved therein. Inasmuch as and prescribed by this chapter, are found by the
the subdivision plat is merely a necessary means council to:
to the end of ensuring a satisfactory develop-
ment,the term"subdivider"is intended to include (1) Be necessary and appropriate to provide
the term "developer," even though the persons for economical and sufficient streets with
involved in successive stages of the project may adequate widths and with proper align-
vary. ment and grades designed to promote the
Subdivision means the division of a tract of public safety,health and general welfare;
land into three or more lots or parcels for the (2) Provide for suitable residential neighbor-
purpose of transfer of ownership or building hoods with adequate streets and utilities
development or, if a new street is involved, any and other improvements and facilities
division of a tract of land. The term"subdivision" and appropriate building sites, to save
includes resubdivision and replatting,and,when unnecessary expenditures of public funds
appropriate to the context, shall relate to the by initial proper construction thereof;
process of subdividing or the land subdivided. and
Submit means the act of delivering by hand,
mail or other means. (3) Provide proper land records for the
convenience of the public and for improved
Tract means the total actual parcel of land identification and permanent location of
that is being divided into a subdivision. real estate boundaries.
Supp. No. 26 CD98:7
§98-2 CAPE CANAVERAL CODE
(b) This chapter is the minimum deemed neces- survey of that portion of the map
sary for the protection of the public health, maintained by the tax assessor reflecting
safety and welfare. the boundaries of the particular real
(Code 1981,§503.01;Ord. No. 22-93,§ 1(503.01), property.
7-6-93)
(4) The current zoning classification, special
Sec. 98-3. Powers of planning and zoning use classification,with any specified condi
board. tions, or conditional use designation as
recorded on the official zoning maps.
The city council delegates to the planning and
zoning board the advisory powers expressed in (5) The variance from the provisions of this
this chapter. chapter requested plus the basis for the
(Code 1981,§503.01;Ord. No. 22-93,§ 1(503.01),
request.
7-6-93; Ord. No. 08-2017, § 2, 7-18-17) (6) Names and addresses of all property
owners owning property within 200 feet
Sec. 98-4. Variance. of the particular property, accompanied
(a) Hardship. Whenever the planning and by a certified survey or that portion of
the map maintained by the tax assessor
zoning board finds that hardship may result
reflecting the boundaries of the parcels
from strict compliance with this chapter, based affected.
on applicable criteria and requirements set forth
in this chapter, it may recommend to the city (c) Public hearing;notice. Upon receipt of the
council that the regulations be varied so that executed application and recommendation from
substantial justice may be done and the public the planning and zoning board, the city council
interest secured; provided that such variance shall forthwith schedule a hearing on the applica-
will not have the effect of nullifying the intent tion. Notice of the time and place of the public
and purpose of the comprehensive plan or these hearing shall be given to the applicant at least
regulations. 15 days prior to the public hearing. Notice of the
(b) Application. Any person owning an inter- time and place of the public hearing on the
est in any real property may apply to the city application shall be published once at least 15
council for a variance from these regulations. days prior to the public hearing in a newspaper
The application shall first be submitted to the of general circulation within the county. The
planning and zoning board for study and written notice shall contain the name of the applicant,
recommendation, and shall be accompanied by a the legal description of the affected property, the
fee established by the city council. The city existing zoning classification, special use clas-
council shall consider the recommendation of the sification or conditional use designation and
planning and zoning board as part of the official requested variance from the provisions of this
record when hearing an application for a vari chapter. In addition, a notice containing the
ance. The application shall be in such form as aforementioned information shall be posted in
by the planning official and shall contain the city hall by city officials,and a notice contain-
approved
the following minimum information: ing the information mentioned in this subsec-
tion,excluding the legal description but including
(1) The name of the owner of the particular total affected acreage, shall be posted by the
real property. applicant for the variance on the affected property
(2) If the applicant is other than all the at least 15 days prior to the public hearing. If the
owners of the particular property, writ- property abuts a public road right-of-way, the
ten consent signed by all owners of the notice shall be posted in such a manner as to be
particular real property shall be attached. visible from that road right-of-way. An affidavit
signed by the owner or applicant evidencing
(3) The legal description of the particular posting of the affected real property must be
real property, accompanied by a certified received by the city prior to the time that such
Supp. No. 26 CD98:8
SUBDIVISIONS §98-5
matter is heard by the city council. Failure to (6) The granting of the variance will be in
provide such affidavit prior to the hearing shall harmony with the general intent and
result in tabling the application for one meeting purpose of this chapter and such vari-
at cost to the applicant or denial of the request. ance will not be injurious to the area
It shall be unlawful for any person to remove the involved or otherwise detrimental to the
notice containing the information mentioned in public welfare.
this subsection from the affected property or
from the city hall. Any person found guilty of In no case shall the city council grant a variance
violating this section shall be subject to legal which will result in a change of land use that
action. would not be permitted in the applicable zoning
classification.
(d) Prerequisites to granting. A variance may
be granted when it will not be contrary to the (e) Conditions. In granting any variance, the
public interest where, owing to special condi- city council may prescribe appropriate condi-
tions, a literal enforcement of the provisions of tions and safeguards in conformity with this
these regulations will result in hardship;provided chapter and any ordinance enacted by the city.
specifically, however, that economic or personal The city council may also, as a condition of
medical reasons shall not be considered as grounds approval, recommend compliance with any site
for establishing hardship sufficient to qualify an plan or other specification submitted by the
applicant for a variance. In order to authorize applicant when it has relied upon such site plan
any variance from the terms of these regula- or specifications in granting the variance. Viola-
tions, the city council shall find all of the follow- tion of such conditions and safeguards, when
ing factors to exist: made a part of the terms under which the
(1) Special conditions and circumstances exist variance is granted, shall be deemed a violation
which are not applicable to other lands, of this chapter. Variances granted from a specific
requirement of this chapter shall be in full force
structures or buildings in the applicable only as long as that specific requirement is in
zoning classification; and effect. Furthermore,the city council may prescribe
(2) The special conditions and circumstances a reasonable time limit within which the action
do not result from the actions of the for which the variance is required shall be begun
applicant; and or completed, or both.
(Code 1981, § 503.25(A); Ord. No. 22-93,
(3) Granting the variance requested will not § 1(503.26(A)), 7-6-93; Ord. No. 08-2017, § 2,
confer on the applicant any special 7-18-17)
privilege that is denied by the provisions
of this chapter to other lands or structures Sec. 98-5. Appeals and arbitrations.
in the identical zoning classification;and
(4) Literal interpretation of the provisions of (a) Any party aggrieved by any final decision
these regulations would deprive the of the city council made under section 98-4 shall
applicant of rights commonly enjoyed by have the right to file an appropriate action in a
other properties in the identical zoning court of competent jurisdiction.
classification under the provisions of this
chapter and will constitute unnecessary (b) The city council shall not rehear a vari
and undue hardship on the applicant; ance once decided unless an error in substantive
and or procedural law is found following the decision,
or unless the city council makes a finding based
(5) The variance granted is the minimum on a presentation by the applicant that new
variance that will make possible the evidence, not discoverable by the applicant prior
reasonable use of the land, building or to the initial hearing, is found. A different or
structure; and more effective presentation or clarification of the
Supp. No. 26 CD98:9
§98-5 CAPE CANAVERAL CODE
same evidence or matters considered at the article and the City Code for the category of
initial hearing shall not be grounds for a rehear- zoning and other relevant codes under which the
ing before the city council. property is zoned.
(Code 1981, § 503.25(B); Ord. No. 22-93, (Ord. No. 03-2010,§2,3-16-10;Ord. No. 08-2017,
§ 1(503.26(B)), 7-6-93; Ord. No. 07-2007, § 6, § 2, 7-18-17)
12-4-07; Ord. No. 08-2017, § 2, 7-18-17)
Secs. 98-32-98-35. Reserved.
Sec. 98-6. Remedies.
In addition to any other remedy the city may DIVISION 2. PREAPPLICATION
have at law or in equity, the city may seek
temporary and permanent injunctive relief to Sec. 98-36. Submittal and review
prevent or redress any violation of this chapter. procedures.
(Ord. No. 22-93, § 1(503.27), 7-6-93) (a) In order to promote development of land
within the municipal boundaries of the city that
Secs. 98-7-98-30. Reserved. is harmonious with and otherwise in compliance
with the comprehensive plan, surrounding
ARTICLE II. PLATS AND LOT SPLITS* development and all applicable codes, applicants
for plat or lot split approval shall meet with staff
in a preapplication conference. The preapplica-
DIVISION 1. GENERALLY tion screening and conferences are intended to
assist the applicant in becoming more aware of
Sec. 98-31. Division of land; review and and, therefore, more likely to comply with
approval required; zoning. guidelines applicable to the project for which a
(a) Any division of land into two or more plat or lot split will be submitted. However, the
applicant is cautioned that the preapplication
parcels shall be subject to the requirements of
screening process is not intended to be a substitute
this article. for the formal plat or lot split submittal and
(b) No owner of real property shall sell, offer review procedures. Nor is it expected that the
to sell or lease lots or tracts of land from such applicant can rely upon conditional approvals
property without first having divided such received during the preapplication process as
property in accordance with the requirements of binding the city in any manner during subsequent
this article. Before such lot or tract is divided, plat or lot split submittal and review procedures.
the lots or tracts proposed to be divided shall be (b) The applicant will provide preliminary
surveyed by a duly licensed Florida surveyor and drawings of the proposed plat or lot split to the
approved by the city council by plat or lot split planning official. The number of copies required
resolution in accordance with the specific to be submitted shall be determined by the
applicable provisions of this article and F.S. ch. planning official. Upon submittal of the copies of
177. No permit shall be issued for the construc- the proposed plat or lot split, a preapplication
tion of any building or structure or for an conference shall be scheduled.
electrical or sewer hookup on any lot or tract sold
in violation of this article; provided, however, (c) The proposed plat or lot split so provided
that any such violation can be remedied by shall contain a location map showing the relation-
complying with the provisions of this article. ship of the proposed subdivision to existing and
Additionally,any subdivision or lot split approved proposed facilities as indicated in the
pursuant to this article shall in every respect comprehensive plan, and shall contain general
meet the criteria established elsewhere in this information including, but not limited to, the
following:
*Editor's note—Ord. No. 03-2010, § 2, adopted March
16, 2010, amended the title of art. II to read as herein set (1) General information on the existing site
out. The former title was "Plats." conditions, water management facilities,
Supp. No. 26 CD98:10
L, SUBDIVISIONS §98-41
soil conditions, floodplain data, dimensions, angles, bearings
topography,trees and vegetation,adjacent and similar data on the plat
community facilities, utilities and sur- shall be referred.
rounding property conditions. (B) Boundary lines(including bear-
(2) General description of the proposed ings and distances), lot lines,
development including proposed number lot numbers and block number.
of lots, approximate lot width and depth, (C) Location and description of
building size and type. Proposed stages monuments.
of development, if appropriate, should be
shown. (D) Easements, including location,
width and purpose.
(3) A plan showing the proposed pattern of
streets,lots and water management facili (E) Location, width, and names of
ties in relation to existing natural condi all streets,waterways,or other
tions of the site and its surroundings. rights-of-way shall be shown,
(Ord. No. 22-93, § 1(503.03), 7-6-93; Ord. No.
as applicable.
03-2010, § 2, 3-16-10) (F) Minimum building setback
lines.
Secs. 98-37-98-40. Reserved. (G) Size data including total acre-
age, number of lots typical lot
DIVISION 3. PRELIMINARY PLAT size in acres,parks,public open
space, etc.
Sec. 98-41. Information required. (H) Location map showing the site
Th following in relation to the existing com-
e oowing information shall be provided to
the community development department: munity, including the name of
the development and its loca-
(a) A completed application on a form tion and main traffic arteries.
prescribed by the city manager request-
ing review of the preliminary plat under (c) Topographic survey showing ground eleva
this division. tions of the tract,based on a datum plane
approved by the city engineer as follows:
(b) The preliminary plat, which shall:
(1) For land that slopes less than
(1) Conform to the requirements of F.S.
approximately two percent, show
ch. 177, this Code, and any other spot elevations at all breaks in grade,
applicable statutes and regulations. along all drainage channels or swales
(2) Bear the certification of a registered and at selected points not more
Florida surveyor certifying the than 100 feet apart in any direction.
accuracy of the plat.
(2) For land that slopes more than
(3) Be drawn at a uniform scale not approximately two percent, either
smaller than one inch equals 100 show contours with an interval of
feet. not more than five feet if ground
(4) Indicate the title,scale,north arrow slope is regular, and such other
and date on each sheet.
ping purposes, or show contours
information as is sufficient for plan-
(5) Show, at a minimum, the following
with an interval of not more than
existing conditions on the plat: two feet, if necessary because of
(A) Primary control points or irregular land or need for more
descriptions and ties to such detailed data for preparing plans
control points, to which all and construction drawings.
Supp. No. 26 CD98:11
§98-41 CAPE CANAVERAL CODE
(3) Other conditions on tract, including Sec. 98-42. Reserved.
water courses,marshes,rock outcrop, Editor's note—Ord. No. 03-2010,§2,adopted March 16,
wooded areas,houses,barns,shacks 2010, deleted § 98-42, which pertained to topographic data
and other significant features. and derived from Code 1981, § 503.07(A); and Ord. No.
(4) Other conditions on adjacent land, 22-93, § 1(503.07(A)), adopted July 6, 1993.
including approximate direction and Sec. 98-43. Reserved.
gradient of ground slope and any
embankments or retaining walls; Editor's note—Ord. No. 03-2010,§2,adopted March 16,
character and location of buildings, 2010, deleted § 98-43, which pertained to scale; proposals
power lines,towers and other nearby and derived from Code 1981, § 503.07(B); and Ord. No.
22-93,§ 1(503.07(B)),adopted July 6, 1993.
nonresidential land uses or adverse
influences; owners of adjacent Sec. 98-44. Reserved.
unplatted land; abutting platted
land, with reference to subdivision Editor's note—Ord. No. 03-2010,§2,adopted March 16,
plat by name, recording date and 2010, deleted § 98-44,which pertained to other preliminary
number; and approximate percent plans and derived from Code 1981,§503.07(C);and Ord. No.
22-93,§ 1(503.07(C)),adopted July 6, 1993.
buildup, typical lot size and dwell-
ing type. Sec. 98-45. City review.
(5) Zoning designation on and adjacent
to tract. (a) The applicant shall submit copies of the
preliminary plat and other information as
(6) Proposed public improvements, prescribed in section 98-41 for review by the city
including roadways, space reserved staff. City staff shall determine the number of
or dedicated for parks, playgrounds copies to be submitted for review. Upon receipt ofJ
or other public uses or other major the documents the planning official shall review
improvements planned by public and forward to the appropriate city reviewing
authorities for future construction staff a copy of all documents submitted and such
on or near tract. other documents as deemed appropriate to enable
(d) Photographs of the tract, at the request the city reviewing staff to review the application
of the planning and zoning board. and either find the application to be sufficient,or
point out areas that are inadequate or improper.
(e) A filing fee, as established by resolution The city attorney shall review the title opinion or
of the city council. certification, protective covenants, articles of
(f) Other preliminary plans, if available, incorporation and bylaws and shall make recom-
which clarify the application. mendations, if necessary.
(g) A current title opinion of an attorney (b) Within 30 days, the city reviewing staff
licensed in Florida or a certification by will return in writing all comments,recommenda-
an abstractor or a title company showing tions and questions to the applicant.
that record title to the land as described (c) Should any comment or recommendation
and shown on the plat is in the name of made by a member of the city reviewing staff
the person or legal entity executing the require the applicant to revise its submittal, the
dedication. The title opinion or certifica- city reviewing staff shall review the revised
tion shall also show all mortgages not submittal and return all comments,recommenda-
satisfied,released or otherwise terminated tions and questions to the planning official, who
by law and shall be current within 180 shall then forward all documents to the applicant.
days of submittal.
(Code 1981, § 503.03(A); Ord. No. 22-93, (d) Upon receiving satisfactory reviews from
§ 1(503.04(A)), 7-6-93; Ord. No. 03-2010, § 2, all of the city reviewing staff, the applicant shall
3-16-10) submit revised copies of the plat and other
Supp. No. 26 CD98:12
(sge, SUBDIVISIONS §98-55
information as prescribed in section 98-41. The (b) The application is consistent with the
number of copies required shall be determined city's comprehensive plan.
by city staff. Upon receipt of all documents, the (c) The application does not create any lots,
planning official shall schedule the application tracts of land or developments that do
for consideration by the planning and zoning not conform to the City Code.
board and city council as required by this chapter.
The planning and zoning board shall recom- (d) The application provides for proper ingress
mend, in writing, approval, approval with condi- and egress through a public or approved
tions or disapproval to the city council. All private street or perpetual cross access
recommendations, conditions and changes of the easements.
planning and zoning board shall be noted on the (e) The application is compatible and in
preliminary plat, which shall be provided to the harmony with the surrounding neighbor-
city council.
(Code 1981, hood including with respect to the size of
§ 503.03(B); Ord. No. 22-93, existing surrounding lots and develop-
§ 1(503.04(B)), 7-6-93; Ord. No. 03-2010, § 2, ment trends in the neighborhood which
3-16-10; Ord. No. 08-2017, § 2, 7-18-17) have been previously approved by the
Sec. 98-46. Planning and zoning board and city council.
city council review. (f) The application does not create burden-
some congestion on the streets and
The planning and zoning board and city council highways.
shall review the preliminary plat and other
material submitted for conformity with this Code (g) The application promotes the orderly
and may negotiate on changes deemed advisable. layout and use of land.
The planning and zoning board and city council (h) The application provides for adequate
shall vote to either accept, reject or modify the light and air.
planning official's recommendation. All condi-
tions and changes shall be noted on the (i) The application does not create overcrowd-
preliminary plat by the planning official as ing of land.
directed by the city council. (j) The application does not pose any
(Code 1981, § 503.03(C); Ord. No. 22-93, significant harm to the adequate and
§ 1(503.04(C)), 7-6-93; Ord. No. 07-2006, § 2, economical provision of water, sewer and
6-20-06;Ord. No. 03-2010, §2, 3-16-10;Ord. No. other public services.
08-2017, § 2, 7-18-17) (Ord. No. 22-93, § 1(503.04(D)), 7-6-93;Ord. No.
07-2006, § 2, 6-20-06; Ord. No. 03-2010, § 2,
Sec. 98-47. General criteria for approval. 3-16-10; Ord. No. 08-2017, § 2, 7-18-17)
Prior to the planning and zoning board recom-
mending approval to the city council, applicants Sec. 98-48. Time limit.
shall demonstrate to the planning and zoning The city council's approval of a preliminary
board, and the planning and zoning board must plat shall be valid for a period of six months
find, that the proposed preliminary plat meets unless a one-time six-month extension has been
the criteria listed in subsections (a) through (j) granted by the city council for good cause shown
below. Further, prior to approving any proposed by the applicant. If the final plat approval is not
preliminary plat,the applicant must demonstrate obtained within the time period provided in this
to the city council,and the city council must find, section,the city council's preliminary plat approval
that the proposed preliminary plat meets the shall be revoked and the applicant must reapply
criteria listed in subsections(a)through(j)below. under the provisions of this article.
(a) The application in compliance with the (Ord. No. 03-2010, § 2, 3-16-10)
provisions of this article and applicable
law. Secs. 98-49-98-55. Reserved.
Supp. No. 26 CD98:13
§98-56 CAPE CANAVERAL CODE
DIVISION 4. FINAL PLAT Sec. 98-59. Documents required prior to
approval.
Sec. 98-56. Conformance to preliminary
plat. (a) The following items shall be required for
subdivision final plat approval:
The subdivision final plat shall conform
substantially to the preliminary plat,as approved (1) Documentation from the city reviewing
by the city council. The plat may contain only staff certifying the proposed subdivision
that portion of the approved preliminary plat the is acceptable.
subdivider intends to record and develop at the (2) An irrevocable letter of credit,performance
time. Any such portion shall meet the require- bond or certified check, in a form accept-
ments of this article. The final plat shall correct able to the city attorney,which will enable
any inaccuracies indicated on the preliminary the city to complete any unfinished
plat. improvements that are to be dedicated to
(Code 1981, § 503.05(A)(1); Ord. No. 22-93, the public, including, but not limited to
§ 1(503.05(A)(1)), 7-6-93; Ord. No. 03-2010, § 2, streets, drainage facilities, street signs,
3-16-10) sewer facilities, sidewalks and other
improvements as shown on the final plat.
Sec. 98-57. Reserved.
Editor's note—Ord. No. 03-2010,§2,adopted March 16, (3) Draft of protective covenants,if applicable,
2010, deleted § 98-57, which pertained to number of copies whereby the subdivision proposes to
and derived from Code 1981, § 503.05(A)(1); and Ord. No. regulate land use in the subdivision and
22-93,§ 1(503.05(A)(1)),adopted July 6, 1993. otherwise protect the proposed develop-
ment. If there is to be a homeowners'
Sec. 98-58. Data required for final approval. association established, copies of the
'Nu)(a) The subdivision final plat shall be drawn articles of incorporation,declarations and
by the subdivider to conform to the requirements restrictions, and the bylaws shall be
of the city council for approval and filing with provided.
the county clerk. (4) Certification of approval by the city
(b) One transparency (Mylar) or printable council.
copy of the final recorded plat shall be prepared (5) Other data as may be necessary which
by the subdivider for the records of the city and shall be determined by the city council.
shall be submitted to the city with all appropri-
ate fees to enable the city to record the docu- (b) Prior to the city council's consideration of
ments in the public records of the county. the final plat, the subdivider shall submit to the
city an updated title opinion of an attorney
(c) The final plat shall comply with F.S. ch. licensed in Florida or a certification by an abstrac-
177, and shall additionally include a dedication tor or a title company showing that the record
statement by the owner(s), if dedicating streets title to the land described and shown on the plat
or rights-of-way for public use. The dedication is in the name of the person or legal entity
must be executed by all persons or legal entities executing the dedication. The title opinion or
whose signature would be required to convey certification shall also show all mortgages not
record fee simple title to the lands being dedicated satisfied, released or otherwise terminated by
in the same manner in which deeds are required law. The city attorney shall review the title
to be executed. The dedication shall include the opinion or certification prior to the city council
name of the plat and the typed names of any meeting.
witness, notary, or other person required to sign
dedication. (c) All mortgagees having a record interest in
(Code 1981, § 503.08(A)(1)—(14), (B); Ord. No. the lands subdivided shall execute, in the same
22-93, § 1(503.08(A)(1)—(14), (B)), 7-6-93; Ord. manner in which deeds are required to be
No. 03-2010, § 2, 3-16-10) executed, either the dedication contained on the
Supp. No. 26 CD98:14
(1110". SUBDIVISIONS §98-61
plat or a separate instrument joining in and Sec. 98-61. Planning and zoning board and
ratifying the plat and all dedications and reserva- city council review; general
tions thereon. criteria for approval.
(Code 1981, §§ 503.05(B), 503.08(A)(15); Ord.
No. 22-93, § 1(503.05(A)(15), (B)), 7-6-93; Ord. (a) When all requirements under this division
No. 03-2010, § 2, 3-16-10) have been satisfied, the planning and zoning
board will vote to recommend approval, approval
Sec. 98-60. Application for approval. with conditions, or disapproval of the subdivi-
Application shall be made for subdivision final Sion final plat, and these recommendations will
plat approval as follows: be submitted to the city council at the next
regularly scheduled council meeting or as soon
(a) Upon the documents required under this as possible thereafter. The city council shall vote
division being presented to the city, the to either accept, reject, or modify the board's
planning official shall review and forward recommendation.
to the appropriate city reviewing staff a
copy of all submittals and such other (b) Prior to the planning and zoning board
documents as he or she deems appropri- recommending approval to the city council,
ate to enable the city reviewing staff to applicants shall demonstrate to the planning
review the subdivision and either find and zoning board, and the planning and zoning
the application to be sufficient, or point board must find, that the proposed final plat
out areas that are inadequate or improper. meets the criteria listed in subsections(1)through
The city attorney shall review the title (10) below. Further, prior to approving any
opinion or certification, protective proposed final plat, the applicant must
covenants, articles of incorporation and demonstrate to the city council, and the city
bylaws and shall make recommenda council must find, that the proposed final plat
tions, if applicable. meets the criteria listed in subsections(1)through
(b) Within 30 days, the reviewing staff will (10) below.
return in writing all comments, recom-
mendations and questions to the plan- (1) The application is in compliance with the
ping official, who shall then forward all provisions of this article and applicable
documents to the applicant. law.
(c) Should any comment or recommendation (2) The application is consistent with the
made by a member of the city reviewing city's comprehensive plan.
staff require the applicant to revise its
subdivision submittal, the city reviewing (3) The application does not create any lots,
staff shall review the revised submittal tracts of land or developments that do
and return all comments, recommenda- not conform to the City Code.
tions and questions to the planning official,
who shall then forward all documents to (4) The application provides for proper ingress
the applicant. and egress through a public or approved
private street or perpetual cross access
(d) Upon receiving satisfactory reviews from easements.
all of the city reviewing staff and revised
copies of the plat, the planning official (5) The application is compatible and in
shall schedule the application for harmony with the surrounding neighbor-
consideration by the planning and zoning hood including with respect to the size of
board. existing surrounding lots and develop-
(Code 1981, § 503.05(A)(2); Ord. No. 22-93, ment trends in the neighborhood which
§ 1(503.05(A)(2)), 7-6-93; Ord. No. 03-2010, § 2, have been previously approved by the
3-16-10; Ord. No. 08 2017, § 2, 7-18-17) city council.
Supp. No. 26 CD98:15
§98-61 CAPE CANAVERAL CODE
(6) The application does not create burden- or tract of land provided the lot or tract of
some congestion on the streets and land to be split is a previously platted lot
highways. or legal description of record.
(7) The application promotes the orderly (b) Lot split review and processing. Every lot
layout and use of land. split shall be processed in the following
(8) The application provides for adequate manner:
light and air. (1) Application. An application form
provided by the community develop-
(9) The application does not create overcrowd- ment department shall be completed
ing of land. and filed with the department,
(10) The application does not pose any accompanied with the following:
significant harm to the adequate and a. An application fee approved by
economical provision of water, sewer and the city council by resolution;
other public services. b. One or more paper copies of
(Code 1981, § 503.05(C); Ord. No. 22-93, the proposed lot split as speci-
§ 1(503.05(C)), 7-6-93; Ord. No. 03-2010, § 2, fled in the application form
3-16-10; Ord. No. 08-2017, § 2, 7-18-17) and an electronic copy if
requested by the department;
Sec. 98-62. Recording.
c. A statement indicating whether
The city shall be responsible for recording new streets,water,sewer,drain-
approved subdivision final plats. The final plat age structures or other
shall be recorded with the county prior to any infrastructure are required off-
certificate of occupancy being issued for the site to provide sufficient access
applicable plat. The city manager shall be or municipal services to the
responsible for adopting administrative procedures subject land; and
for ensuring that all final plats approved by the d. Legal descriptions and acreage
city council are recorded within 15 days of the of the two proposed lots or
date of the subdivider's updated title opinion or tracts of land and a scaled
certification. drawing showing the intended
(Code 1981, § 503.05(A)(4); Ord. No. 22-93, division shall be prepared by a
§ 1(503.05(A)(4)), 7-6-93; Ord. No. 03-2010, § 2, duly licensed land surveyor
3-16-10) registered in the state. If a lot
or tract of land contains any
Secs. 98-63-98-65. Reserved. principal or accessory
structures, a survey showing
the structures on the lot or
DIVISION 5. LOT SPLITS tract of land shall accompany
the application.
Sec. 98-66. Lot splits.
e. A title opinion or report of the
The city council may by resolution at a public affected land verifying the
hearing grant waivers from the platting require- record owner(s) and any
ments of this chapter for divisions of land that mortgage holders.
constitute a lot split. (2) City staff review.
(a) Definition. For purposes of this section, a. Upon receipt of a complete lot
the term "lot split" shall mean a division split application, the planning
of a tract of land or lot that will result in official shall review and forward
the creation of exactly one additional lot to the appropriate city review-
Supp. No. 26 CD98:16
(11110e SUBDIVISIONS §98-66
ing staff a copy of same and a duly noticed public hearing,either
such other documents to enable approve, approve with conditions,
the city reviewing staff to or deny the proposed lot split. Any
review the application and approval of a lot split shall be by
either find the application to resolution of the city council.
be sufficient or point out areas
that are inadequate or (4) Review criteria. Before any lot split
improper. The city attorney is recommended for approval by the
shall review the title opinion planning and zoning board or
or certification. approved by the city council, the
applicant must demonstrate, and
b. City reviewing staff shall return the planning and zoning board or
in writing all comments,recom- city council must find, that the
mendations and questions to proposed lot split meets the follow-
the applicant within 30 days of ing criteria:
receipt of applicant's complete
application. a. The proposed lot split shall in
every respect meet the criteria
c. Should any comment or recom established elsewhere in this
mendation made by the city chapter and the city code for
reviewing staff require the the category of zoning and other
applicant to revise its submit relevant codes and applicable
tal, the city reviewing staff law under which the property
shall review the revised submit- is zoned.
tal and return all comments,
recommendations and ques- b. The application is consistent
tions to the planning official, with the city's comprehensive
who shall then forward all docu- plan.
ments to the applicant. c. The application does not create
d. Upon receiving satisfactory any lots, tracts of land or
reviews from all of the city developments that do not
reviewing staff, the applicant conform to the City Code.
shall submit revised copies of
the lot split and other informa-
tion required by this section. proper ingress and egress to
The number of copies required all affected properties through
shall be determined by city a public or approved private
staff. Upon receipt of all docu- street or perpetual cross access
ments, the planning official easements.
shall schedule the application e. The application is compatible
for consideration by the plan- and in harmony with the sur-
ning and zoning board. rounding neighborhood includ-
(3) Public hearing. The planning and ing with respect to the size of
zoning board shall consider an existing surrounding lots and
application for lot split at a duly development trends in the
noticed public hearing and shall neighborhood which have been
vote to recommend approval or disap previously approved by the city
proval of the lot split to the city council.
council. Upon receipt of the plan- f. The application does not create
ping and zoning board's recom burdensome congestion on the
mendation, he city council shall, at streets and highways.
Supp. No. 26 CD98:17
§98-66 CAPE CANAVERAL CODE
g. The application promotes the (d) Restriction on additional lot split minor
orderly layout and use of land. plat. No further division of an approved
h. The application provides for lot split is permitted under this section,
adequate light and air. except through the plat review and
approval process procedures of this article.
i. The application does not create (Ord. No. 03-2010,§2,3-16-10;Ord. No. 08-2017,
overcrowding of land. § 2, 7-18-17)
j. The application does not pose
any significant harm to the DIVISION 6. LOT LINE ADJUSTMENTS
adequate and economical provi-
sion of water, sewer, and other Sec. 98-67. Lot line adjustments.
public services.
(a) Lot line adjustment. An adjustment of a
(5) Special notice for residential lot lot line between contiguous lots or parcels
splits. Any proposed lot split of a (hereinafter "lots" or "lot") which may be platted
residentially zoned property shall or unplatted and which are under separate
require special notice be provided to ownership or the same ownership shall be exempt
adjacent property owners at least from the platting requirements of this chapter if
14 days prior to the planning and the lot line adjustment does not create any
zoning board and city council hear- additional lot and meets all of the following
ings on the proposed residential lot conditions.
split. Said notices shall be provided
by regular mail to adjacent property (1) It is demonstrated that the request is to
owners within 500 feet of the correct an engineering or surveying error
property subject to the lot split in a recorded plat or is to permit a
application, and shall include the boundary change between adjacent lots;
address and legal description of the and
subject property, and the date, time (2) Both landowners whose lot lines are
and location of the planning and being adjusted provide written consent
zoning board and city council hear to the lot line adjustment; and
ings. Notice of the planning and
zoning board and city council hear- (3) Instrument(s) evidencing the lot line
ings may be consolidated into one adjustment shall be filed in the official
notice. Notices provided under this records of Brevard County, Florida, upon
subsection are hereby deemed to be approval, and shall indicate that the
courtesy notices only and the failure result of the lot line adjustment will
to provide or receive said notices meet the standards of, and conforms to,
shall not be a basis of appealing any the requirements of the city code,includ-
decision made under this section. ing the dimensional requirements of the
Applicants shall be solely responsible zoning district and the subdivision in
for the cost of the notices required which the lots are located. However, in
by this subsection. cases of an existing nonconforming lot of
record,the adjustment shall not increase
(c) Recording. Upon approval of any lot split the nonconformity of the lot; and
by resolution of the city council, the
resolution of the city council shall be (4) It is demonstrated that the lot line adjust-
duly recorded in the official public records ment will not affect the development
of Brevard County and the lot split shall rights or permitted density or intensity
be reflected on the appropriate city maps of use of the affected lots by providing
and documents. the opportunity to create a new lot(s) for
Supp. No. 26 CD98:18
SUBDIVISIONS §98-67
resale or development or by making the g. Proposed deeds appropriate to
density or intensity of any lot nonconform- accomplish any necessary property
ing. conveyances to effectuate the lot
line adjustment if the lots are under
The aggregation of multiple lots under common separate ownership.
ownership shall not be considered a lot line
adjustment and may be accomplished through a (2) Review and criteria. The planning official
unity of title agreement with the city. shall approve, approve with conditions,
(b) Lot line adjustment review and processing. or deny the lot line adjustment using the
Every lot line adjustment shall be processed in criteria established below:
the following manner: a. The lot line adjustment shall not
(1) Application.An application form provided result in the creation of any
by the community development depart additional lot;
ment shall be completed and filed with b. The lots resulting after the lot line
the department, accompanied with the adjustment shall meet all
following: dimensional requirements specified
a. An application fee approved by the for the applicable district as outlined
city council by resolution; in Chapter 110, Article VII of this
Code, except that in cases of an
b. A narrative describing the reason(s) existing nonconforming lot of record,
for the lot line adjustment and the adjustment shall not increase
proposed reconfiguration; the nonconformity of the lot;
(iire c. An affidavit by all property owners
that they consent to the lot line c. The lot line adjustment shall not
adjustment and resulting lot forma- create a nonconforming setback for
tion; any existing building or structure;
d. A survey of the original and proposed d. All lots modified by the lot line
reconfigured lots prepared by a duly adjustment procedures shall have
licensed land surveyor registered in access in compliance with the
Florida. The survey shall also standards established by the city;
include: e. The lot line adjustment shall not
i. The location of any principal cause lot lines to bisect on-site
or accessory buildings or sewage disposal systems, prevent
structures and the existing and adequate access to water supply,
proposed setbacks on each lot; obstruct fire lanes or otherwise
ii. The existing location of all utili- interfere with the provision of utili-
ties serving the lots; and ties or emergency services;
iii. The location of proposed access f. The lot line adjustment shall not
to the lots, including the loca- violate an applicable requirement
tion of proposed access ease- or condition of a previous land use
ments; action,subdivision,plat or site plan;
e. A title opinion or report of the g. All lot line adjustments shall be
affected land verifying the record recorded surveys consistent with the
owner(s)and any mortgage holders; requirements of applicable law. All
f. Where required by the planning lot lines being adjusted shall be
(11111aw' official, a joinder and consent from surveyed, and newly established lot
any affected mortgage holders; and corners shall be determined;
Supp. No. 26 CD98:19
§98-67 CAPE CANAVERAL CODE
h. All conditions for a lot line adjust- all subdivision improvements. After approval of
ment as established in subsection the preliminary plat,the applicant may apply for
(a) shall be satisfied. a construction permit under either of the follow-
(c) Unity of title. In most cases, the planning ing procedures:
official shall require the affected property owners (1) Construction before final plat approval.
to enter into a unity of title agreement with the The applicant shall submit construction
city for purposes of creating the new developable plans and specifications, along with the
lots resulting from the lot line adjustment. The security required in section 98-59, as
city manager shall be required to execute the required in this chapter for subdivision
unity of title agreement on the city's behalf improvements. A certificate of owner-
provided the application is in compliance with ship shall accompany such plans and
the provisions of this section. The planning specifications. The improvements covered
official may determine not to require a unity of under this permit shall be completed
title agreement for insubstantial boundary prior to final plat approval; or
changes.
(2) Construction after final plat approval.
(d) Recording. No lot line adjustment shall be The applicant shall submit construction
recorded unless approved as provided in this plans and specifications as required in
section. The lot line adjustment shall be recorded this chapter for subdivision improve-
with the clerk of court within 12 months of ments. The plans and specifications shall
approval by the planning official, and one be submitted with a final plat for approval
reproducible copy shall be furnished to the corn- and the applicant shall provide the
munity development department. security required in section 98-59 for the
(Ord. No. 08-2017, § 2, 7-18-17) performance of such construction. This
permit shall be for all improvements
which are to be constructed after final
ARTICLE III. CONSTRUCTION plat approval.
(Ord. No. 22-93, § 1(503.09(1)), 7-6-93)
DIVISION 1. GENERALLY
Sec. 98-71. Submission of construction
Sec. 98-68. Reserved. plans and specifications.
The applicant requesting a permit under either
DIVISION 2. PERMIT of the procedures described in section 98-70 shall
furnish to the city five sets of plans and specifica-
Sec. 98-69. Required; penalty. tions designed in accordance with the require-
It shall be unlawful for any person to construct ments of this chapter for the construction of the
any improvement or any part of an improvement roads, sidewalks, bikeways, drainage and water
within a tract without a valid construction permit management facilities, utilities, lot filling and
issued for such construction under the provi other required improvements as described in
sions of this chapter. Each day a person constructs section 98-86 et seq., including a master drain
any subdivision improvement or part of an age map and subsoil investigation report. All
improvement within the tract without a valid construction plans and specifications must be
construction permit constitutes a separate offense designed, signed and sealed by a professional
under this chapter. engineer who is registered in the state.
(Ord. No. 22-93, § 1(503.09(8)), 7-6-93) (Ord. No. 22-93, § 1(503.09(2)), 7-6-93)
Sec. 98-70. Procedure. Sec. 98-72. Review.
The applicant must obtain a single construc- Upon receipt of the plans and specifications
tion permit from the city for the construction of submitted pursuant to section 98-71, the city
Supp. No. 26 CD98:20
SUBDIVISIONS §98-81
shall forward two sets of the plans and specifica- conformity with the approved plans and specifica-
tions to the city engineer. Within ten working tions, the subdivision plat and the requirements
days after receipt of such plans and specifica- of this chapter. The construction permit shall be
tions, the city engineer shall review the submit- posted in a conspicuous place in the open at the
tal and submit recommendations to the city. The construction site.
city engineer shall review the plans and specifica- (Ord. No. 22-93, § 1(503.09(6)), 7-6-93)
tions for conformity with the design of the
preliminary plat and the construction specifica-
tion requirements of this chapter and any other Sec. 98-76. Term; revocation.
applicable policy, ordinance, law or regulation.
(Ord. No. 22-93, § 1(503.09(3)), 7-6-93) A construction permit issued under this divi-
sion shall be void if construction of the required
Sec. 98-73. Approval of plans and specifica- improvements does not commence within 180
tions. days. A construction permit shall expire one
year from the date of its issuance. The failure to
If a subdivision is to be provided potable water complete construction of the improvements within
or sanitary sewer service by an authority other one year shall automatically revoke the construc-
than the city,the applicant shall provide the city tion permit unless the planning and zoning
engineer with written confirmation that the board grants an extension of such permit if good
authority has approved the plans and specifica- cause is demonstrated in the applicant's written
tions for the water or sanitary system in the request for such an extension.
subdivision. After the review by the city engineer, (Ord. No. 22-93, § 1(503.09(7)), 7-6-93)
all staff recommendations shall be furnished to
the planning and zoning board with the plans
and specifications. The board shall approve, Secs. 98-77-98-79. Reserved.
disapprove or approve subject to specified condi-
tions the construction plans and specifications
based on the requirements of this chapter. DIVISION 3. INSPECTIONS;CERTIFICATE
(Ord. No. 22-93, § 1(503.09(4)), 7-6-93) OF COMPLETION
Sec. 98-74. Master survey point. Sec. 98-80. Inspections.
Prior to the issuance of a construction permit
the applicant shall submit to the city a certificate The city and such other agencies having
from a surveyor registered in the state that a construction review responsibilities, or their
concrete permanent reference marker has been representatives,shall have the right and privilege
located in the public right-of-way at a corner to inspect and visit the tract for the purpose of
point of the subdivision near the entrance way of insuring that all improvements are being
the proposed subdivision. The permanent refer- constructed in conformity with the provisions of
ence marker shall be identified on the plat of the this chapter,and the approved construction plans
subdivision as the master survey point for the and specifications.
subdivision and shall be used to establish the (Ord. No. 22-93, § 1(503.10(1)), 7-6-93)
grade level for all improvements in the subdivi-
sion.
(Ord. No. 22-93, § 1(503.09(5)), 7-6-93) Sec. 98-81. Submission of data.
Sec. 98-75. Issuance. The city shall have the right, on or before the
issuance of a construction permit, to require the
After the approval of the planning and zoning submission of all required data,tests and reports
board, the city shall issue a construction permit specified in this chapter.
for the construction of the improvements in (Ord. No. 22-93, § 1(503.10(2)), 7-6-93)
Supp. No. 26 CD98:21
§98-82 CAPE CANAVERAL CODE
Sec. 98-82. Notification. been constructed in conformity with the
approved construction plans and specifica-
(a) The city shall be specifically notified of the tions.
commencement and completion of the following
items of construction so that an inspection can (5) A letter from the appropriate authority
be performed to assure construction in conformity approving all utility installations. If the
with the approved construction plans and authority is accepting a public water or
specifications and the requirements of this sanitary sewer system, there must be a
chapter: letter indicating acceptance of the
construction of the system.
(1) Storm sewers, sanitary sewer lines, and
all other utilities prior to backfilling. (b) Upon receipt of the items listed in subsec-
tion (a) of this section, the city shall review the
(2) Stabilized subgrade. data and make a final inspection of the constructed
(3) Curb and concrete work. improvements and shall notify the applicant of
any items of noncompliance of the construction
(4) Roadway base. with the design contained in the approved
construction plans and specifications and the
(5) Surface course. provisions and requirements of this chapter. A
(6) Permanent reference monuments and certificate of acceptance shall be issued by the
city when the construction of the improvements
permanent control points.
is completed in conformity with the design
(b) The failure to notify the city of the com- contained in the approved construction plans
mencement and completion of the construction of and specifications,and the provisions and require-
the items listed in subsection (a) of this section ments of this chapter.
may be good cause for the city to refuse to issue (Ord. No. 22-93, § 1(503.10(4)), 7-6-93)
a certificate of completion. All utility improve-
ments must be inspected by the city prior to Secs. 98-84, 98-85. Reserved.
backfilling.
(Ord. No. 22-93, § 1(503.10(3)), 7-6-93)
ARTICLE IV. IMPROVEMENTS
Sec. 98-83. Issuance of certificate of comple-
tion. DIVISION 1. GENERALLY
(a) Upon completion of construction of the Sec. 98-86. Development and enforcement
improvements, the applicant or his authorized of regulations.
representative shall provide to the city the fol-
lowing items: The city engineer is empowered to develop,
publish, apply and enforce regulations and all
(1) A letter stipulating that construction of specifications and procedures required or neces-
the improvements has been completed sitated by this division.
and requesting final inspection and (Code 1981, § 503.09(E); Ord. No. 22-93,
approval. § 1(503.11(E)), 7-6-93)
(2) The testing reports and certificates of
compliance from material suppliers speci- 98-87. Permanent markers.
fled in this chapter. (a) Within 30 days after the approved subdivi-
sion final plat has been filed and recorded in the
office of the county clerk, and prior to commence-
(4) A letter signed and sealed by a profes- ment of construction, the subdivider or property
sional engineer registered in the state owner shall cause a registered surveyor to install
certifying that the improvements have permanent concrete monuments to be erected on
Supp. No. 26 CD98:22
SUBDIVISIONS §98-92
the corner and end of all property to be dedicated (b) Fire hydrants shall be placed so that the
to the city for streets, parks, playgrounds or area served must fall within 500 feet radius or
other public purposes. He shall also install such 650 feet along the street. Minimum size of the
monuments at corners of the blocks. fire hydrant main shall be six inches and specifica-
tions shall conform to the"Criteria for Water and
(b) Where angles and curves occur in street or Sanitary Sewerage Systems Within Brevard
easement lines, such monuments shall be placed County."
at all angle points, points of curve and points of
tangency. When the monuments have been (c) All public water plans and specifications
installed,the registered surveyor shall notify the must be approved by the city engineer, the City
city engineer, who will then inspect the installa of Cocoa water department, and, as applicable,
tion in the presence of the registered surveyor. If the state department of environmental protec-
the work has been completed satisfactorily, in tion or its successor departments/agencies.
the opinion of the city engineer, he will notify
both the owner and the registered surveyor in (Code 1981, § 503.09(C)(1); Ord. No. 22-93,
writing that such work meets the requirements § 1(503.11(C)(1)), 7-6-93)
of this section.
Sec. 98-90. Sewers.
(c) The monuments must be of such material
and size as approved by the city engineer. All structures shall be connected to the city
(d) Iron pipes shall be placed at all lot corners. sewer system. System design and construction
(Code 1981, § 503.09(A); Ord. No. 22-93, shall conform to the "Criteria for Water and
§ 1(503.11(A)), 7-6-93) Sanitary Sewerage Systems Within Brevard
County." All sanitary sewer plans must be
approved by the city engineer and, as applicable,
Sec. 98-88. Elevation. the state department of environmental protec-
(a) All elevations in a subdivision are referred tion and the state department of health and
to N.G.V. e of 1929. rehabilitative services or their successor depart-
ments/agencies.
(b) One monument with bronze disk will be (Code 1981, § 503.09(C)(2); Ord. No. 22 93,
required in each subdivision or at least one per § 1(503.11(C)(2)), 7-6-93)
50 units in larger subdivisions. The location of
the monuments must be approved by the city Sec. 98-91. Drainage.
engineer.
(c) The bronze disk shall be flat, three inches Storm drainage, groundwater drainage and
in diameter, and 3/1s inch thick with a one-inch other drainage improvements plans and specifica-
by 21/2 inch stem at the bottom. This marker tions for a subdivision must be approved by the
shall be cemented in a drill hole in solid rock, in city engineer and, as applicable, the St. Johns
a bridge abutment or in any other permanent River Water Management District.
masonry structure. The inscription shall read: (Code 1981, § 503.09(C)(3); Ord. No. 22 93,
"Florida, B.M. No. , Elev. § 1(503.11(C)(3)), 7-6-93)
Cape Canaveral."
(Code 1981, § 503.09(B); Ord. No. 22-93, Sec. 98-92. Streets.
§ 1(503.11(B)), 7-6-93)
(a) Arterial streets cross sections of a subdivi-
Sec. 98-89. Water supply. sion shall be in accordance with the city
comprehensive plan and as determined by the
(a) All structures shall be connected to the city engineer and approved by the planning and
city water supply. zoning board.
Supp. No. 26 CD98:23
§98-92 CAPE CANAVERAL CODE
j
(b) Collector streets shall have either: (1) The developer shall have available a quali-
(1) A 60-foot-wide right-of-way, two 20-foot- feed engineer or assistant for the purpose of
wide pavements, four-foot-wide separa setting all line and grade stakes when required
tion strips, no less than five-foot-wide by the contractor or inspector.
sidewalk on each side; or
(m) The city may have an inspector on the
(2) A 60-foot-wide right-of-way, 40-foot-wide project when deemed necessary during the
pavement and no less than five-foot-wide construction period. The inspector shall be
sidewalk on each side. authorized to enforce the construction of the
(c) Minor streets for row houses and apart- work in accordance with the plans and specifica-
ments shall have a 60-foot-wide right-of-way, tions covering the work. The inspector shall be
36-foot-wide pavement,and no less than five-foot- furnished with a complete set of plans and
wide sidewalks on each side. For residences, specifications for this purpose. If any change is
minor streets shall have a 50-foot-wide right-of- required in the plans during the period of construc-
way, 24-foot-wide pavement, and no less than tion, such changes must first be approved by the
five-foot-wide sidewalks on each side. city engineer.
(d) Marginal access streets shall have a 50-foot- (n) All paved roads shall provide a minimum
wide right-of-way, 24-foot-wide pavement, and of two 12-foot-wide lanes (24 feet width total)
no less than five-foot-wide sidewalks on each exclusive of curbs.
side.
(e) Streets along development boundaries and (o) All roadways shall be underlain by a base
streets connecting a development with existing course of one of the following types, having a
improved street systems require cross sections minimum thickness of six inches, with design asJ
as determined by the city engineer and approved prescribed by the "Manual of Uniform Minimum
by the planning and zoning board. Standards for Design, Construction and
Maintenance of Streets and Highways," as
(f) Alleys must be paved full width, 20 feet published by the state department of transporta-
minimum, as per approval of the city engineer. tion, and no other:
(g) Grades on streets require plans and profiles (1) Limerock stabilized base. Limerock base
to be approved by the city engineer. will only be used in well-drained areas
(h) Radii of pavements at street intersections not having a high or fluctuating water
shall not be less than 30 feet at the edge of the table. The area must be approved by the
pavement or face of the curbline. city engineer.
(i) All rights-of-way for streets, roads and (2) Soil-cement base. Design of the mixture
drainage easements are to be cleared for their shall be submitted to the city engineer
full width and, upon completion, left in a clean for approval before processing begins.
and neat condition. If required to prevent ero- Wet-dry test cylinders shall have a psi
sion or excessive washing, such areas abutting compression value of 300 pounds or
the street and ditches shall be sprigged with greater at seven days.
grass or other protective measures shall be
taken as required by the city engineer. (3) Sand bituminous road mix. Design of the
(j) All necessary drainage easements shall be mixture shall be submitted to the city
furnished at no expense to the city. engineer for approval before processing
starts. The design will include the amount
(k) The developer shall give the city engineer of bitumen by volume to be supplied per
at least two weeks'notice in writing by registered inch of depth per square yard of surface
letter before the commencement of any construc- and the maximum obtainable density per
tion. cubic foot with optimum bitumen content.
Supp. No. 26 CD98:24
SUBDIVISIONS §98-93
(p) The pavement surface of streets shall fibers("Fibermesh"),with expansion joints
have single, double or triple surface treatment, at 30-foot intervals and construction joints
and a minimum of a one-inch-thick asphaltic at five foot intervals.
concrete surface course, as specified by the state
department of transportation"Standard Specifica (4) All sidewalks in front of driveways shall
tions for Road and Bridge Construction," latest be a minimum of six inches thick, 3000
edition. psi concrete, reinforced with six by ten
(6x10) welded wire mesh or with
(q) Subgrade stabilization of streets shall have polypropylene fibers ("Fibermesh"), with
a limerock bearing ratio (LBR) equal to LBR 40 expansion joints at 30-foot intervals and
to depth of 12 inches. The subgrade shall be that construction joints at five foot intervals.
portion of the road directly and through 12
inches below the base course, and the entire (u) Driveway apron shall be a minimum of six
inches thick, 3000 psi concrete, with six by six #
width of the road and extending six inches back ten, welded wire mesh. Driveways shall be a
of the curbs. If curbs are not used, the subgrade minimum of three and one-half inches thick,
will be stabilized one foot wider than the pave 3000 psi concrete, with a six by six# ten welded
ment on both sides. wire mesh or with polypropylene fibers ("Fiber-
(r) Stabilized subgrade requires one LBR for mesh").
every 600 square yards. Base course design for (v) Catch basins and drop inlets shall be
soil cement and sand bituminous road mix constructed of either masonry or reinforced class
requires a test for every material change. B concrete.
Limerock base course requires a Proctor test for
every type of limerock. Asphaltic concrete surface (w) Drainage pipe shall be of a material as
course requires a design to be submitted for approved in the "Roadway and Traffic Design
approval. A 2300 Hubbard-Field stability is Standards," latest edition, as prepared by the
required, as well as type 2, as prescribed by the state department of transportation.
state department of transportation standard
specifications. (x) The developer will furnish and install
street markers at all intersections. Such street
(s) Curbs and gutters shall have a raised curb markers will be of the quality and design as
of one of the following types and shall be approved by the city engineer.
constructed of class A concrete:
(y) Seeding and planting of median strips
(1) Six-inch by 16-inch straight curb. shall be per city specifications.
(Code 1981, § 503.09(C)(4); Ord. No. 22-93,
(2) Combination curb and gutter. § 1(503.11(C)(4)), 7-6-93;Ord. No. 13-97, §§ 1, 2,
(3) Combination sloped curb and gutter sloped 10-21-97; Ord. No. 05-2015, § 2, 6-16-15)
curb.
Sec. 98-93. Boundary line survey.
(t) Sidewalks shall be constructed as follows: The subdivision boundary line survey shall
(1) Residential areas shall have a sidewalk conform to the following:
no less than five feet wide.
(1) Closure.
(2) Arterial and collector streets shall have a a. The angular error of closure shall
sidewalk no less than five feet wide. not exceed one minute times the
(3) All sidewalks shall be a minimum of square root of the number of observa
three and one-half inches thick, 3000 psi tions.
concrete, reinforced with six by six # ten b. The linear error of closure shall not
welded wire mesh or with polypropylene exceed one foot in 5,000 feet.
Supp. No. 26 CD98:25
§98-93 CAPE CANAVERAL CODE
c. The closure error shall be adjusted (4) Limitations and opportunities of
by the transit method. topography.
(2) Marking boundary lines. Corners and/or (b) Block lengths shall not exceed 1,500 feet
angles in property lines shall be marked or be less than 500 feet.
with four-inch by four-inch by 30-inch
concrete monuments with 21/4-inch brass (c) Pedestrian access rights-of-way shall be
caps. The concrete monuments shall be not less than ten feet wide. At least six feet of the
reinforced with a no. 4 steel rod. right-of-way shall be paved with Portland cement
concrete where deemed essential to provide
(3) Computations. Two copies of computa- circulation, or access to schools, playgrounds,
tions of closure shall be submitted for the shopping centers, transportation and other corn-
approval of the city engineer. munity facilities.
(Code 1981, § 503.09(D); Ord. No. 22-93,
§ 1(503.11(D)), 7-6-93) (d) In blocks over 1,200 feet in length or
where otherwise deemed necessary to give
Sec. 98-94. Final acceptance of work. pedestrian access to schools,local shopping centers
and parks, the city may require additional right-
(a) Maintenance of the improvements enumer- of-way and pavement for pedestrian crosswalks.
ated in this article will not be finally accepted by Such pedestrian crosswalks shall consist of a
the city until all work is fully completed from right-of-way dedicated to the city for pedestrian
right-of-way line and approved and certified by use.
the city engineer. (Code 1981,§503.10;Ord. No. 22-93,§ 1(503.12),
7-6-93)
(b) All construction shall be in accordance
with the applicable state department of Sec. 98-107. Lots.
transportation and county road specifications.
(Code 1981, § 503.09(F); Ord. No. 22-93, (a) The size,width, depth, shape and orienta-
§ 1(503.11(F)), 7-6-93) tion of subdivision lots and the minimum build-
ing setback lines shall be in conformity with
Secs. 98-95-98-105. Reserved. chapter 110 of this Code pertaining to zoning.
(b) Lot dimensions shall conform to chapter
DIVISION 2. DESIGN STANDARDS 110 of this Code pertaining to zoning.
Sec. 98-106. Blocks. (1) Residential lots, when not immediately
serviceable by public sewer, shall meet
(a) The lengths, widths and shapes of blocks the minimum requirements of chapter
in a subdivision shall be determined with due 110 of this Code pertaining to zoning.
regard to the following: (2) Depth and width of properties reserved
(1) Provision of adequate building sites suit- or laid out for multiple, commercial and
able to the special needs of the use industrial purposes shall be adequate to
contemplated. provide for offstreet service and parking
facilities required by the type of use and
(2) Zoning requirements as provided in development contemplated.
chapter 110 of this Code as to lot sizes
and dimensions. (3) Corner lots for residential use shall have
a width at least 15 percent larger than
(3) Such access,circulation,control and safety the width of interior lots along both
of street traffic as deemed necessary to adjacent streets in order to permit
protect the public health, safety and appropriate building setback from and
welfare. orientation to both streets.
Supp. No. 26 CD98:26
SUBDIVISIONS §98-111
(c) The subdividing of the land shall be such the subdivision and especially in large-scale
as to provide, by means of a public street, each neighborhood unit developments not anticipated
lot with access to an existing public street. in the comprehensive plan,the board may require
the dedication or reservation of such other areas
(d) Double frontage and reverse frontage lots or sites of a character, extent and location suit-
should be avoided, unless essential to provide able to the needs created by such development
separation of residential development from traf-
for schools, parks and other neighborhood
fic arteries or to overcome specific disadvantages
of topography and orientation. A planting screen purposes.
easement of at least ten feet and across which (Code 1981,§503.13;Ord. No. 22-93,§ 1(503.15),
there shall be no right of access shall be provided 7-6-93)
along the line of lots abutting such a traffic Sec. 98-110. Alleys.
artery or other disadvantageous use.
(e) Side lot lines shall intersect streets and (a) In a subdivision, alleys shall be provided
each other at right angles, and in no case shall a
in commercial and industrial districts, except
lot have an interior angle of less than 30 degrees that the city may waive this requirement where
from a street or lot line. other definite and ensured provision is made for
service access, such as offstreet loading, unload-
(Code 1981,§503.11;Ord. No. 22 93,§ 1(503.13), ing and parking, consistent with and adequate
7-6-93)
for the uses proposed.
Sec. 98-108. Easements. (b) The width of an alley shall not be less
(a) Subdivision easements across lots or than 20 feet, and the alley shall be paved full
width.
centered on rear or side lot lines shall be provided
for water, sewage and drainage where necessary (c) Alley intersections and sharp changes in
and shall be at least ten feet wide. alignment shall be avoided,but where necessary,
corners shall be cut off sufficiently to permit safe
(b) Where a subdivision is traversed by a vehicular movement for trucks.
watercourse, drainageway, channel or stream,
there shall be provided a stormwater easement (d) Dead-end alleys shall be avoided where
or drainage right-of-way conforming substantially possible, but if unavoidable shall be provided
with the lines of such watercourse and such with adequate turnaround facilities at the dead-
further width or construction or both as will be end, as determined by the city.
adequate for the purpose. Parallel streets or (Code 1981,§503.14;Ord. No. 22-93,§ 1(503.16),
parkways may be required in connection 7-6-93)
therewith, except where fingers occur.
(Code 1981,§503.12;Ord. No. 22-93,§ 1(503.14), Sec. 98-111. Surface and storm drainage.
7-6-93)
(a) Request for approval of subdivision
Sec. 98-109. Public sites and open spaces. preliminary plat plans shall be accompanied by a
comprehensive study of the surface and storm
(a) Where a proposed park,playground,school drainage system. In making this study, a modi-
or other public use,as shown in the comprehensive feed formula may be used in computing the
plan, is located in whole or in part in a subdivi- amount of stormwater to be carried by the
sion,the planning and zoning board may require drainage system. The formula to be used is as
the dedication or reservation of such areas within follows:
the subdivision if the board deems such require-
ments to be reasonable. Q = CIA
(b) Where deemed essential by the board and In which:
as approved by the city council,upon consideration Q
Total stormwater runoff.
of the particular type of development proposed in
Supp. No. 26 CD98:27
§98-111 CAPE CANAVERAL CODE
C = A runoff coefficient representing the used if the area to be drained is too large for
ratio of runoff to rainfall. normal sized drainage ditches. The decision in
I = Intensity of rainfall,or rate of rainfall this respect shall be made by the planning and
in inches per hour. zoning board upon the recommendation of the
A = Surfaced area in acres. city engineer.
In the use of this formula, the following ratio of (d) Outfall of the subdivision surface or storm
imperviousness zoning classifications shall be drainage system shall be one of the following:
taken: (1) Proper connection between the new
subdivision drainage system and the exist-
Percent ing city drainage system if,in the opinion
Commercial 90 of the city engineer, the existing city
Residential and industrial system is adequate.
areas 40 (2) Proper connection from the new subdivi-
Parks and undeveloped areas 5 sion to existing natural drainage,such as
Since the coefficient of runoff is a combination of a creek,river or low swampy area adjacent
these factors,together with other factors such as to the subdivision.
retention, imperviousness, etc., the following (3) Proper connection from the new subdivi-
coefficients of runoff may be used in the study: sion to an existing drainage ditch or
canal of the city, county or drainage
Coefficient of Runoff C district, provided written permission has
been secured from the political unit having
Duration of Storm(minutes) ownership of such drainage facility.
`Nrir0)
Area 10 15 20 30 60 120
Commercial .548 .645 .745 .836 .955 .975 (4) If none of the methods of disposal of the
Residential .356 .440 .502 .576 .680 .740 stormwaters from the subdivision outlined
Undeveloped .237 .316 .369 .422 .522 .617 in subsection (d)(1) through (3) of this
(b) The system shall be designed by accepted section are readily accessible to the
engineering principles for design floods resulting subdivision, it shall be the responsibility
from rainstorms of the maximum intensity of the subdivider to provide a suitable
predicted for the county for at least the 25-year positive outfall for the stormwaters of
storm of 24-hour duration for major water manage- the new subdivision by securing
ment facilities, and for at least the ten-year permanent easements or the purchase of
storm of 24-hour duration for all other facilities. right-of-way for the construction of a
The system shall be designed for 20-year life,low suitable underground storm drain through
maintenance cost and ease of maintenance by private property, so as to connect the
normal maintenance methods. The city may subdivision storm drainage system with
require such data from the applicant as is a satisfactory disposal area. In addition,
determined necessary to prove the adequacy of the cost of obtaining and installing such
the design of the water management system. drainage right-of-way and structures shall
be the responsibility of the developer.
(c) The storm drainage plan may include the
use of street curbs and gutters and open ditches (e) Materials for storm drainage systems shall
as transportation arteries for the stormwater, be as follows:
provided the length and grade of the street is not (1) Pipe used in the construction of storm
too great, thereby permitting the accumulation drainage systems shall be reinforced
of excessive amounts of water in the street concrete, vitrified clay or bituminous
proper. Culverts shall be used at all points coated corrugated metal pipe and pipe
where open ditches occur at street or driveway arch or cast iron pipe, or corrugated
crossings. Underground storm sewers shall be plastic pipe conforming to the "Roadway
Supp. No. 26 CD98:28
SUBDIVISIONS §98-114
and Traffic Design Standards," latest (b) The arrangement,character,extent,width,
edition, as prepared by the state depart- grade and location of all streets shall conform to
ment of transportation. the comprehensive plan and shall be considered
(2) Catch basins and manholes shall be either in their relation to existing and planned streets,
masonry or reinforced concrete class B to topographical conditions,to public convenience
furnished with cast iron frame grating or and safety and in their appropriate relation to
cover, conforming to the state depart- the proposed uses of the land to be served by
ment of transportation "Roadway and such streets.
Traffic Design Standards," latest edition.
(3) The minimum size of storm sewers or (c) Where such is not shown in the
culverts shall be 15 inches. Equivalent comprehensive plan, the arrangement of streets
elliptical pipe sizes may be substituted in subdivisions shall either:
based on the approval of the city engineer.
(Code 1981,§503.15;Ord. No. 22-93,§ 1(503.17), (1) Provide for the continuation or projection
7-6-93) of existing principal streets in surround-
Sec. 98-112. Potable water systems. ing areas; or
The subdivision shall be provided with an
adequate potable water system designed by a (2) Conform to a plan for the neighborhood
registered professional engineer, approved by approved or adopted by the planning and
the city engineer and, as appropriate, the City of zoning board to meet a particular situa
Cocoa utilities department and the state depart- tion where topographical or other condi
ment of environmental protection or its succes-
sor departments/agencies. The system shall be to existing streets impracticable.
so sized as to provide adequate fire protection in
compliance with the recommendations of the (d) Minor streets shall be so laid out that
National Board of Fire Underwriters, for the their use by through traffic will be discouraged.
initial and final phases of the subdivision.
(Code 1981,§503.16;Ord. No. 22-93,§ 1(503.18), (e) Where a subdivision abuts or contains an
7-6-93) existing or proposed arterial street, the city may
Sec. 98-113. Sanitary sewer system. require marginal access streets,reverse frontage
with screen planting that will reach six feet in
The subdivision shall be provided with a height in 12 months contained in a nonaccess
sanitary sewer collection system, including reservation along the real property line, 20 feet
interceptor sewers, lift stations and such of additional lot depth with rear service alleys,or
appurtenances as to deliver the sewage to the such other treatment as may be necessary for
sanitary sewer system of the city at a convenient adequate protection of residential properties and
point of connection. The sanitary sewer system to afford separation of through and local traffic.
shall be designed by a registered professional
engineer, approved by the city engineer and as
appropriate, the state department of (f) Where a subdivision borders on or contains
environmental protection. a railroad right-of-way or limited access highway
(Code 1981,§503.17;Ord. No. 22-93,§ 1(503.19), right-of-way, the city may require a street
7-6-93) approximately parallel to and on each side of
such right-of-way, at a distance suitable for the
Sec. 98-114. Streets, roads and alleys— appropriate use of the intervening land, as for
Generally. park purposes in residential districts, or for
(a) Streets, roads and alleys, as shown on the commercial or industrial purposes in appropri-
subdivision final plat, will require curbs and ate districts. Such distances shall also be
gutters, and driveway turnouts shall be determined with due regard for the require-
constructed, all in conformity with specifications ments of approach grades and future grade
outlined in this section. separations.
Supp. No. 26 CD98:29
§98-114 CAPE CANAVERAL CODE
(g) Reserve strips controlling access to streets is subdivided. Whenever a half street is adjacent
shall be prohibited, except where their control is to a tract to be subdivided, the other half of the
definitely placed in the city under conditions street shall be platted within such tract.
approved by the board.
(o) The city hereby adopts by reference Florida
(h) Street jogs, with centerline offsets of less Statute Section 633.025 relating to the construc-
than 125 feet, shall be avoided. tion of streets, roads, and alleys. The city shall
enforce the Florida Fire Prevention Code and the
(i) A tangent at least 100 feet long shall be Life Safety Code as the minimum fire safety code
introduced between reverse curves on arterial as required by the above listed statute.
and collector streets. (p) No street names shall be used which will
duplicate or be confused with the names of
(j) When connecting street lines deflect from existing streets. New streets which are exten-
each other at any one point by more than ten sions of existing streets shall bear the name of
degrees, they shall be connected by a curve with the existing street. Street names shall be subject
a radius adequate to ensure a sight distance of to the approval of the city.
not less than 75 feet for minor and collector
streets and of such greater radii as the board (q) No street grades shall be less than 0.20
shall determine for special cases. percent.
(k) Streets shall be laid out so as to intersect (r) An exception to the requirement for street
as nearly as possible at right angles, and no curbs may be made if it can be shown by the
street shall intersect any other street at less detailed plans and specifications prepared by a
than 60 degrees. registered engineer that the street grades and
drainage swale grades will not be less than 0.6
(1) Property lines at street intersections shall percent and the storm surface drainage plan
be rounded with a radius of 25 feet or of a greater prepared will be adequate and comparable with
radius where the board may deem necessary. that designed for curbed streets and roads and,
The board may permit comparable cutoffs or further, that the use of these grassed drainage
chords in place of rounded curves. swales in lieu of curbs has been previously
approved by the city engineer and the board.
(m) Street right-of-way widths shall be as (Code 1981,§503.18;Ord. No. 22-93, § 1(503.20),
shown in the comprehensive plan and where not 7-6-93; Ord. No. 14-2002, § 1, 8-20-02)
shown therein shall be not less than as shown on
the following tabulation: Sec. 98-115. Same—Technical specifications.
Right-of-Way All streets, roads, highways and alleys which
Street Type in Feet the applicant installs shall conform to the
"Standard Specifications for Road and Bridge
Arterial 100 Construction," latest edition, as prepared by the
Collector 60 state department of transportation.
Minor for row houses and (Code 1981,§503.19;Ord. No. 22-93,§ 1(503.21),
apartments 60 7-6-93)
Minor for other residences 60
Marginal access 50 Sec. 98-116. Bridges.
(n) Half streets shall be prohibited, except Fixed span bridges in a subdivision shall be
where essential to the reasonable development constructed at a height of not less than eight feet
of the subdivision in conformity with the other above the mean high-water level and shall be
requirements of this chapter, and where the city constructed from plans and specifications prepared
finds it will be practicable to require the dedica- by a registered engineer and approved by the
tion of the other half when the adjoining property city. Bridge design and construction shall conform
Supp. No. 26 CD98:30
SUBDIVISIONS §98-119
to the state department of transportation Sec. 98-118. Bulkheads or retainer walls.
"Standard Specifications for Road and Bridge
Construction."No road or bridge between fingers (a) In a subdivision,retainer walls or bulkheads
shall be constructed which will preclude access on all property abutting on canals or waterways
shall not be required, except at the option of the
to the channel of the Banana River,as established
subdivider, but, if constructed, they shall be
by the U.S. Army Corps of Engineers. designed and planned to meet the approval of
(Code 1981,§503.20;Ord. No. 22-93,§ 1(503.22), the city. When retainer walls are not constructed,
7-6-93) the subdivider shall slope all lots or parcels
abutting on canals, rivers or waterways at a
Sec. 98-117. Canals. grade not to exceed eight degrees. All slopes
shall be grassed from the high-water level to the
(a) The arrangement,character,extent,width crown of the slope.
and location of all canals constructed by the (b) If retainer walls or bulkheads are
subdivider shall conform to the comprehensive constructed, the applicant shall provide written
plan and shall be considered in their relation to verification of compliance with, or waiver from,
existing and planned canals, rivers and any and all requirements of the state depart-
waterways;to public convenience and safety;and ment of environmental protection or its succes-
their appropriate relation to the proposed uses of sor departments/agencies and,where applicable,
the land to be served by such canals. The the U.S. Army Corps of Engineers. Written
minimum width of any canal or waterway shall verification shall consist of either the appropri-
be 100 feet. ate construction permit or correspondence waiv-
ing all permitting requirements.
L
(b) Where such is not shown in the (Code 1981,§503.22;Ord. No. 22-93,§ 1(503.24),
comprehensive plan, the arrangement of canals 7-6-93)
in a subdivision shall either:
Sec. 98-119. Street names.
(1) Provide for the continuation or appropri-
ate projection of existing canals or (a) Street name signs shall be installed at the
waterways in the surrounding areas; or intersection of all streets, carrying the street
names approved on the subdivision plat.
(2) Conform to a plan for the neighborhood (b) Naming of streets shall be in the following
approved or adopted by the planning and manner.
zoning board to meet a particular situa-
tion when conditions make continuance Short(less
or conformance to existing canals or than 1,000 feet
Direction Long in length)
waterways impracticable.
East and west Avenues Places
(c) No canals shall be constructed prior to the North and south Streets Courts
applicant providing written verification of compli- Diagonal Roads Ways
ance with, or waiver from, any and all require-
ments of the state department of environmental Curving Drives Lanes or Circles
protection or its successor departments/agencies (c) In no case shall a name for a proposed road
and, where applicable, the U.S. Army Corps of duplicate an existing road name, regardless of
Engineers. Written verification shall consist of whether the road is further described as an
either the appropriate construction permit or avenue, boulevard, driveway, place, way, lane,
correspondence waiving all permitting require- circle or court. The applicant must secure the
ments. approval of the county address assignment/E-
(Code 1981,§503.21;Ord. No. 22 93,§ 1(503.23), 911 system for the names of all proposed roads
7-6-93) and streets.
Supp. No. 26 CD98:31
§98-119 CAPE CANAVERAL CODE
(d) Location and design of street name signs
shall be subject to the approval of the city
council.
(Code 1981,§503.23;Ord. No. 22-93,§ 1(503.25),
7-6-93)
3
3
Supp. No. 26 CD98:32
L, ZONING
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.
L Sec. 110-480. Atomic energy uses.
Sec. 110-481. Building required for commercial uses.
Supp. No. 26 CD110:5
CAPE CANAVERAL CODE
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 dispensing facility 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.
Sec. 110-494. Dimensions.
Secs. 110-495-110-505. 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. Reserved.
Secs. 110-569-110-580. Reserved.
Supp. No. 26 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.
(1.10,
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.
(111100' Sec. 110-649. Roof lines.
Sec. 110-650. Exterior surface materials.
Supp. No. 26 CD110:7
CAPE CANAVERAL CODE
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.
Sec. 110-671. Dimensions.
Secs. 110-672-110-682. 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. 26 CD110:8
(itia ZONING § 110-1
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
isobutane), and butylenes. (1) Depth of a lot shall be considered to be
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.
(le Loading space, offstreet, means space logically (2) Width of a lot shall be considered to be
and conveniently located for bulk pickups and the distance between straight lines con-
necting scaled to delivery vehicles expected to necting 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. 26 CD110:15
§ 110-1 CAPE CANAVERAL CODE
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.
Major recreational equipment means boats Medical marijuana treatment center dispens-
and boat trailers, travel trailers, trailers for ing facility means a facility of a medical marijuana
treatment center,as that term is defined in s. 29,
transporting motorized vehicles, pickup campers
or coaches designed to be mounted on automo Art. X of the Florida State Constitution, which
tive vehicles, motorized dwellings, tent trailers dispenses marijuana, products containing
and the like, including the coverings. marijuana,related supplies or educational materi-
als to qualifying patients or their personal caregiv-
Manufactured housing or building means a ers, as defined in s. 29, Art. X of the Florida
closed structure, building assembly or system of State Constitution and section 381.986, Florida
subassemblies, which may include structural, Statutes,but shall not include facilities growing,
electrical,plumbing,heating,ventilating or other cultivating or processing marijuana or deriva-
service systems manufactured in manufacturing tive products.
facilities for installation or erection, with or
without other specified components,as a finished Mini storage means the renting of storage
building or as part of a finished building, which space which is utilized for the incidental storage
shall include but not be limited to residential, of personal effects, which space shall not exceed
commercial,institutional, storage and industrial 280 square feet of net floor area. When used for
structures. This does not apply to mobile homes. such a purpose,such property may not be used in
Manufactured building may also mean, at the combination with any other use, with the excep-
option of the manufacturer, any building of open tion of storage garage.
construction made or assembled in manufactur-
ing facilities away from the building site, for Mobile home means a structure as defined in
installation or assembly and installation on the F.S. § 553.36(12).
building site.
Mobile home park means a single parcel of
Marina means a place for docking boats or ground on which there are sites to be leased or
providing services to boats and occupants thereof, rented to tenants for the purpose of parking
including servicing and repairing boats, sale of mobile homes.
fuel and supplies and provision of food, bever-
ages and entertainment as accessory uses. A Motel means a building or combination of
yacht club shall be considered as a marina,but a buildings in which lodging is provided and offered
hotel, motel or similar use, where docking of to the public for compensation and duly licensed
boats and provision of services thereto is incidental pursuant to F.S. ch. 509,under single ownership
to other activities, shall not be considered as a and operation. As such it is open to the public
marina nor shall boat docks accessory to a the same as a hotel,except that the buildings are
multiple-family dwelling where no boat-related usually designed to serve tourists traveling by
services are rendered. automobile,ingress to rooms need not be through
a lobby or office and parking usually is adjacent
Medical or dental clinic means a building to the dwelling unit. There shall be a minimum
where patients, who are not lodged overnight, of six guestrooms per building and a minimum of
are admitted for examination and treatment by 150 guestrooms per motel. As used in this
one person or group of persons practicing any definition, the term "guestroom" means those
form of the healing arts services to individuals, rooms intended or designed to be used or which
Supp. No. 26 CD110:16
(11.00e ZONING § 110-1
are used rented or hired out to be occupied or roads and drives. Recreational areas may be
which are occupied, for sleeping purposes by included. Swimming pools may be included in
guests. the calculation of minimum open space.
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,
Net residential acre means the horizontal commodities, or any other item outside of a
acreage of a lot devoted exclusively to residential completely enclosed building for a continuous
uses and their appurtenant accessory uses. Such period of longer than 24 hours.
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
cope 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 180 square feet for parking an
automobile, exclusive of access drives or aisles
Occupied means the use of a structure or land thereto. The minimum dimensions of each off-
for any purpose, including occupancy for street parking space shall be as set forth in
residential,business, industrial, manufacturing, section 110-494.
storage and public use. Patio. See the definition of"terrace."
Oceanfront lot means a lot that is contiguous Paving may consist of the following materials:
with the ocean beach and which is considered as macadam, asphalt, concrete, pervious concrete,
fronting on a public street and includes those
lots adjacent to a dedicated street. All lots
permeable paving, bricks, tile, pavestone, the
contiguous with the ocean beach shall be stone,flags,flagstone,flagging,cobblestone,curb,
considered interior lots. kerb, curbstone, kerbstone, edgestone and curb-
ing. All paving material shall have a finished
Open shed means any structure that has no surface and must be contained by a permanent
enclosing walls. border and properly maintained.
Open space area means that area of the lot Playground means an area of land set aside
which is to be left open for free circulation of air for outdoor recreation used by children for play
and which provides an area for recreational and and often equipped for specific activities.
leisure pursuits. Not to be included as part of Playground may also be that part of a park or
(we open space area are building setbacks, areas outdoor recreation facility set aside for such use
occupied by all building structures,parking areas, by children. A playground may be public or
Supp. No. 26 CD110:17
§ 110-1 CAPE CANAVERAL CODE
private;however,any recreational area established served for pay to any person not residing on the
for prekindergarten children only or for adults or premises and which, at all times,derives not less
college students primarily shall not be considered than 51 percent of its gross income from the sale
a playground. of nonalcoholic beverages and food prepared,
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 Right-of-way means land reserved, used or to
any other structure with one or more walls or a be used for a street, alley, walkway, drainage
part of one wall being a part of the principal facility or other public purpose.
building and structurally dependent, totally or
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.
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
recreational trailer. Shed means any structure built for the sup-
Redevelopment means the process of demoli port, shelter or enclosure of persons, animals,
tion of existing improvements and the construc chattels or property of any kind which has
tion of new improvements on a site. enclosing walls for less than 50 percent of its
perimeter.
Residential district means that area set aside
primarily for use as low and medium density Shopping center means three or more units for
residential housing. purposes of mercantilism.
Restaurant means any building or structure Sign means the same as defined in chapter 23
or portion thereof in which food is prepared and of the building code adopted in section 82-31.
Supp. No. 26 CD110:18
ZONING § 110-1
Special exception means a use that would not Terrace means an open space adjacent to the
be appropriate generally or without restriction principal building on one or two sides, prepared
throughout the zoning division or district but with a hard, semihard or improved surface, for
which, if controlled as to number, area, location the purpose of outdoor living.
or relation to the neighborhood, would promote
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
Street,private, means a private way set aside
homes and trailers.
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 of
residential and commercial units. Private streets Utility access easement means an easement
shall be installed in accordance with section less than 20 feet wide, dedicated and used for
98-92. utilities and utility vehicles. The term does not
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
as a street. Vacant means a building or parcel of land that
is neither occupied nor used.
Structure means that which is built or
constructed. Variance means a relaxation of the terms of
this chapter when such variance will not be
Swimming pool means any portable pool or contrary to the public interest and when, owing
permanent structure containing a body of water to conditions peculiar to the property and not the
18 inches or more in depth or 250 square feet of result of the actions of the applicant, a literal
surface area or more of water service area, enforcement of this chapter would result in
including an ornamental reflecting pool or fish unnecessary and undue hardship. As used in
pond or other type of pool, regardless of size, this chapter, a variance is authorized only for
unless it is located and designed so as not to height,area,size of structure or size of yards and
create a hazard or not be used for swimming or open spaces;establishment or expansion of a use
wading. otherwise prohibited shall not be allowed by
variance nor shall a variance be granted because
Tent means a collapsible shelter of canvas or of the presence of nonconformities in the zoning
other fabric type material. district or used in an adjoining zoning district.
Supp. No. 26 CD110:18.1
§ 110-1 CAPE CANAVERAL CODE
Veterinary clinic means an establishment that Sec. 110-2. Board of adjustment.
has the necessary facilities for the examination
and treatment of animals but does not accom (a) A board of adjustment is established and
modate animals for more than 24 hours, thereby shall consist of seven members.
not providing boarding services. (b) The board of adjustment shall have the
powers and duties to consider applications for
Veterinary hospital means an establishment special exceptions, variances, and administra-
that has the necessary facilities for the examina- tive appeals under this chapter.
tion and treatment of animals which includes
boarding services that may accommodate animals (c) The board of adjustment shall not incur
for more than 24 hours. any debts or enter into any contracts or obliga-
tions which would be enforceable against the
Wall means a structure forming a physical city, unless prior approval has been obtained
barrier, which is constructed of concrete or from the city council.
masonry composite. (Ord. No. 11-2005,§2,6-21-05;Ord. No. 07-2007,
§ 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11)
Wall, concrete boundary, means a structure
constructed using concrete, either poured or in Sec. 110-3. Planning and zoning board.
block form, along the property boundary or (a) The planning and zoning board is
within the setback and used as a dividing line established and shall consist of seven members.
between parcels of property in a residential zone,
specifically excluding townhouse interior party (b) The planning and zoning board shall oper-
walls. ate exclusively in an advisory capacity, and no
ruling, decision or recommendation of the board
Yard means all open space on the same lot as shall be binding.
the principal building,which space is unoccupied
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, (d) No problem or situation relating to zoning
§§ 1-3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98; shall be submitted to the city council prior to
Ord. No. 1-00, § 1, 2-1-00;Ord. No. 5-00, §§ 1, 2, being submitted to and acted upon by the plan-
4-18-00;Ord. No. 03-2003, §2, 8-19-03; Ord. No. ping and zoning board. Such problems or situa-
02-2004, § 2, 3-02-04; Ord. No. 01-2007, § 2, tions relating to zoning shall include but not be
2-20-07;Ord. No. 04-2007, §2, 6-19-07;Ord. No. limited to the following:
04-2008, § 3, 5-6-08; Ord. No. 13-2009, § 2,
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, (2) Changes in zoning district boundaries
6-21-11; Ord. No. 06-2011, § 2, 10-18-11; Ord. and zoning maps.
No. 02-2012, § 2, 3-20-12; Ord. No. 06-2012, § 2,
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;Ord. No. 04-2017, § 2, 4-18-17;Ord. No. (e) The planning and zoning board shall make
11-2017, § 2, 8-15-17) recommendations concerning rezonings, special
Cross reference-Definitions and rules of construction exceptions and site plans in accordance with this
generally,§ 1-2. chapter.
Supp. No. 26 CD110:18.2
(1110" ZONING § 110-27
(f) The board secretary shall,after each meet- ances, special exceptions and administrative
ing of the planning and zoning board, transmit a appeals. Final decisions of the board of adjust-
copy of the board's minutes to each member of ment and city council shall be subject to appel-
the city council, the city clerk and the city late review as set forth in this division.
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
facts upon which the board's recommendations safeguards on any approved rezoning, variance,
were based, as well as the board's reasons for the special exception or administrative appeal to 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
incur any debts or enter into any contracts or comprehensive plan. Such conditions and
obligations which would be enforceable against safeguards, when made part of the terms under
the city, unless prior approval has been obtained which the rezoning, variance, special exception,
from the city council. or administrative appeal is granted, have the
(Ord. No. 11-2005,§2,6-21-05;Ord. No. 13-2011, same force and effect as any other provision of
§ 6, 12-20-11) this Code, and violation of same shall be deemed
to be a violation of this Code and punishable by
Secs. 110-4-110-25. Reserved. this Code.
(c) All formal decisions shall be based on
ARTICLE II. PROCEDURE;LAND USE competent substantial evidence and the applicable
DECISIONS* criteria set forth in this article.
(d) The city council may adopt, by resolution,
DIVISION 1. GENERALLY
quasi-judicial rules and procedures to imple-
ment this chapter.
Sec. 110-26. Intent and purpose. (e) All final decisions rendered under this
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-
ing for variances, special exceptions, rezonings (f) All final permits issued under this chapter
and administrative appeals, as set forth in this may be temporarily suspended or absolutely
article. revoked by majority vote of the board that
(Ord. No. 11-2005, § 2, 6-21-05) rendered the final decision if the board later
determines at a public hearing that either:
Sec. 110-27. Authority. (1) The applicant has obtained the final
(a) Unless otherwise provided in this chapter, permit upon false statements, fraud,
the city council shall render all final decisions deceit, misleading or perjurious state
regarding rezonings and the board of adjustment ments, or suppression of material facts;
shall render all final decisions regarding vari-
*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. 26 CD110:18.3
J
J
3
ZONING § 110-332
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
demonstrate that no reasonable alterna- tion of traffic along thoroughfares.
(b) Theprovisions of this division shall apply
PP Y
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.
*Cross reference—Sign regulations in the C-1 low
Secs. 110-322-110-330. Reserved. density commercial district, §94-99.
Supp. No. 26 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 considered
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. 26 CD110:46.4
ZONING § 110-338
(3) Commercial establishments which sell, (5) Minimum living or floor area shall be as
dispense, serve or store alcoholic bever- follows:
ages or which permit the consumption of
alcoholic beverages on their premises a. Hotels and motels, 300 square feet
subject to section 110-171. per rental unit.
(Code 1981, § 637.51; Ord. No. 02 2003, § 2, b. Hotel and motel units containing
3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord. No. provisions for cooking or light
17-2010, § 2, 11-16-10; Ord. No. 06-2011, § 2,
housekeeping, not less than 400
10-18-11; Ord. No. 05-2013, § 2, 3-19-13; Ord. square feet.
No. 09-2014, § 2, 9-16-14; Ord. No. 11-2015, § 2,
11-17-15; Ord. No. 02-2016, § 2, 7-19-16; Ord. c. All other principal uses and
No. 11-2017, § 2, 8-15-17) structures, 300 square feet.
Sec. 110-335. Prohibited uses and (6) The maximum height of all buildings
structures. constructed within the C-1 district shall
be 45 feet.
In the C-1 low density commercial district,the (Code 1981, §637.55;Ord. No. 18-96, § 1,9-3-96;
following uses and structures are prohibited: Ord. No. 24-2006, § 2, 1-2-07)
(1) All uses not specifically or provisionally
permitted in this division. Sec. 110-337. Minimum setbacks.
(2) Any use which fails to meet performance (a) In the C-1 low density commercial district,
standards specifications as provided in the minimum setbacks required shall be as
section 110-466. follows:
(3) Bottle clubs.
(Code 1981, § 637.53) (1) Front, 25 feet. (See subsection (b) of this
section.)
Sec. 110-336. Area and dimensions. (2) Side (interior lot line), zero feet; 25 feet
In the C-1 low density commercial district,the when abutting a residential district.
following areas and dimensions shall be required: (3) Side (corner lot line), 25 feet.
(1) Minimum lot area shall be as follows:
(4) Rear, ten feet; 25 feet when abutting a
a. Service stations, 12,000 square feet. residential district.
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
1.5:1.0. (Code 1981, § 637.55)
(2) Minimum lot width shall be as follows: Sec. 110-338. Landscaping, screening and
a. Service stations, hotels and motels, parking.
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.
(4) Maximum lot coverage shall be 50 percent. (Code 1981, § 637.57)
Supp. No. 26 CD110:46.5
§ 110-339 CAPE CANAVERAL CODE
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 com- 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-
fied to allow no more than ten fueling
*Editor's note—Ord. No. 02-2016, §2,adopted July 19,
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. 26 CD110:46.6
ZONING § 110-341
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
tion shall be discharged into the
frontage. Any request for a modification city's wastewater system, unless it
to such special exception is subject to is properly pre-treated as approved
Chapter 110, Article II, Division 4, City
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.
isoi
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
h. Musical instruments and parts. recreational equipment and mobile home
i. Toys, amusements, sporting and sales with accessory services, subject to
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
b. Tasting rooms and/or retail shops an enclosed structure and not be
associated with the distillery shall visible from outside the property.
be permitted but shall not exceed 50 e. Ingress and egress points shall not
percent of the total square footage be placed so as to endanger
of the operation; and pedestrian traffic.
Supp. No. 26 CD110:46.7
§ 110-341 CAPE CANAVERAL CODE
19. Theatres,drive-in theatres,photographic (2) Commercial establishments which sell,
studios, bookstores, and dance studios, dispense, serve or store alcoholic bever-
unless such uses fall within the scope ages or which permit the consumption of
and restrictions of section 10-86 et seq. alcoholic beverages on their premises
20. Car washes,including polishing,and sale subject to section 110-171.
of related materials. (Ord. No. 4-99, § 1,7-6-99;Ord. No. 02-2003,§2,
3-4-03;Ord. No. 06-2011, § 2, 10-18-11;Ord. No.
21. Assisted living facilities, subject to the 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2,
requirements of section 110-488. 9-16-14;Ord. No. 02-2016, § 2, 7-19-16;Ord. No.
22. Plant nurseries and greenhouses,provided 11-2017, § 2, 8-15-17)
that all outside display of merchandise
are contained within the required Sec. 110-344. Prohibited uses and
setbacks. structures.
23. Permanent and temporary onsite security In the C-2 commercial/manufacturing district,
living facilities, subject to an annual the following uses and structures are prohibited:
review and the following:
1. All uses not specifically or provisionally
a. Maximum size not to exceed 800 permitted in this division.
square feet.
b. Security personnel only;no children 2. Any use which fails to meet performance
allowed. standards specifications as provided in
section 110-466.
c. Facility to be used exclusively for
security purposes. 3. Bottle clubs.
24. Automotive maintenance facilities, but 4. Crematoriums (animal or human).
not automotive repair facilities. (Ord. No. 4-99,§ 1, 7-6-99;Ord. No. 02-2016,§2,
(Ord. No. 4-99,§ 1,7-6-99;Ord. No. 06-2011,§2, 7-19-16)
10-18-11; Ord. No. 11-2015, § 2, 11-17-15; Ord.
No. 12-2015,§2, 11-17-15;Ord. No. 02-2016,§2, Sec. 110-345. Area and dimensions.
7-19-16)
In the C-2 commercial/manufacturing district,
Sec. 110-342. Accessory uses and structures. the following areas and dimensions shall be
required:
In the C-2 commercial/manufacturing district,
customary accessory uses of one or more of the 1. Minimum lot area shall be as follows:
principal uses,clearly incidental and subordinate a. Service stations, 12,000 square feet.
to the principal use, in keeping with the com-
mercial manufacturing character of the district, b. All other principal uses and
are permitted. structures shall be 10,000 square
(Ord. No. 4-99,§ 1,7-6-99;Ord. No. 06-2011,§2, feet.
10-18-11; Ord. No. 02-2016, § 2, 7-19-16) 2. Minimum lot width shall be as follows:
Sec. 110-343. Special exceptions permis- a. Service stations, 100 feet.
sible by the board of adjust- b. All other principal uses and
ment. structures shall be 75 feet.
(a) Special exceptions may be permitted for 3. Minimum lot depth shall be 100 feet.
the following:
(1) Pain management clinics, subject to the 4. Maximum lot coverage shall be 50 percent.
requirements of section 110-489 of this 5. Minimum floor area shall be 300 square
Code. feet.
Supp. No. 26 CD110:46.8
ZONING § 110-352
6. Maximum height shall be 45 feet. Sec. 110-349. Parking and loading.
(Ord. No. 4-99, § 1, 7-6-99;Ord. No. 02-2016,§2,
7-19-16) In the C-2 commercial/manufacturing district,
off-street parking shall be as provided in section
110-491, et seq., and off-street loading shall be
Sec. 110-346. Minimum setbacks. as provided in section 110-506, et seq.
(Ord. No. 4-99,§ 1, 7-6-99;Ord. No. 02-2016,§2,
In the C-2 commercial/manufacturing district, 7-19-16)
the minimum setbacks required shall be as
follows: Sec. 110-350. Reserved.
1. Front, 25 feet.
a. (See section 110-356 for special DIVISION 7. M-1 LIGHT INDUSTRIAL AND
setback.) RESEARCH AND DEVELOPMENT
DISTRICT*
2. Side (interior lot line) 15 feet, except
where industrial property abuts a Sec. 110-351. Intent; applicability.
residential district, in which case the (a) The requirements for the M-1 light
minimum side interior lot shall be 25 industrial and research and development district
feet. are intended to apply to an area located in close
3. Side (corner lot line), 25 feet. proximity to transportation facilities and which
can serve light manufacturing, research and
4. Rear, 15 feet, except where industrial development, distribution and other industrial
property abuts a residential district, in functions. Restrictions in this division are
which case the minimum rear yard intended to minimize adverse influences of the
requirement shall be 25 feet. industrial activities. All principal uses permit-
ted in this zone shall be contained in an enclosed
5. Public or private street, 25 feet. structure.
a. (See section 110-356 for special (b) The provisions of this division shall apply
setbacks.) to all property designated as M-1 light industrial
(Ord. No. 4-99,§ 1, 7-6-99;Ord. No. 02-2016, §2, and research and development on the city's
7-19-16) official zoning map. Further, those properties
zoned M-1 that are located within the boundar-
Sec. 110-347. Landscaping, screening and ies of the AlA Economic Opportunity Overlay
parking. District, established pursuant to article X of this
chapter, shall be subject to the guidelines and
In the C-2 commercial/manufacturing district, standards of that article.
landscaping, screening and parking shall be as (Code 1981, § 638.01; Ord. No. 01 2007, § 3,
provided in article IX of this chapter. 2-20-07; Ord. No. 11 2012, § 4, 7-17-12)
(Ord. No. 4-99,§ 1, 7-6-99;Ord. No. 02-2016, §2,
7-19-16) Sec. 110-352. Principal uses and structures.
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. 26 CD110:46.9
§ 110-352 CAPE CANAVERAL CODE
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
g. Jewelry, silverware, plated ware. the establishment of a public park,
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-
(5) 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
sexually oriented businesses, providing prohibited locations, above, adult
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. 26 CD110:46.10
ZONING § 110-352
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. 26 CD110:46.11
§ 110-352 CAPE CANAVERAL CODE
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
wasteinvolving noise,glare,fumes, smoke
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
accordance with section 110-493. j. Automotive parts,new or used,shall
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. 26 CD110:46.12
ZONING § 110-352
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.
or comprises more than one lot.
However, up to 16 fueling stations (24) Vocational and trade schools not involy-
may 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
and dry cleaning pick up stations, tailor
(14) Freight handling facilities: transporta 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.
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. 26 CD110:46.13
§ 110-352 CAPE CANAVERAL CODE „„wi
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) Commercial establishments which sell,
Sec. 110-353. Accessory uses and structures. dispense, serve or store alcoholic bever-
ages or which permit the consumption of
In the M-1 light industrial and research and
alcoholic beverages on their premises
development district, accessory uses and
structures shall be permitted as follows: subject to section 110-171.
(Code 1981, § 638.07; Ord. No. 13-95, § 1,
(1) Retail sales of products manufactured 9-19-95; Ord. No. 1-96, § 3, 1-30-97; Ord. No.
upon the premises. 8-97, § 1, 9-2-97; Ord. No. 16-2005, § 2, 10-4-05;
Ord. No. 01-2007,§2,2-20-07;Ord. No. 05-2013,
(2) Customary accessory uses of one or more § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14; Ord.
of the principal uses, clearly incidental No. 02-2016, § 2, 7-19-16; Ord. No. 11-2017, § 2,
and subordinate to the principal use, in 8-15-17)
keeping with the light industrial and Cross reference—Adult entertainment, § 10-86 et seq.
research and development character of
the district. Sec. 110-355. Prohibited uses and
(Code 1981, § 638.05) structures.
In the M-1 light industrial and research and
Sec. 110-354. Special exceptions permis- development district, the following uses and
sible by board of adjustment. structures are prohibited:
(a) Special exceptions may be granted for the (1) All uses not specifically or provisionally
following: permitted in this division and uses not in
keeping with the light industrial and
(1) Conveyor systems for purposes of moving research and development character of
aggregate and other materials, subject to the district.
the following:
(2) Any use deemed objectionable by the
a. Conveyor systems must be con- standards established in section 110-466
nected and adjacent to Port et seq.
Canaveral. (Code 1981, § 638.09)
b. Conveyor systems crossing the
setback must be constructed in a Sec. 110-356. Area and dimensions.
north-south direction,perpendicular In the M-1 light industrial and research and
to Port Canaveral. development district, the area and dimensions
c. Conveyor systems must be shall be as follows:
completely enclosed where located (1) Minimum lot area shall be 10,000 square
within a setback. feet.
d. Conveyor systems shall not exceed (2) Minimum lot width shall be 75 feet.
30 feet in height, where located (3) Minimum lot depth shall be 100 feet.
within a setback.
(4) Maximum lot coverage shall be 50 percent.
e. Conveyor systems in the setbacks
shall not be located within 750 feet (5) Minimum floor area shall be 300 square
from any other existing or approved feet.
conveyor system(s). This measure-
ment shall be drawn as a straight
line connecting the conveyor systems.
Supp. No. 26 CD110:46.14
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 r
waived by the city council if the proposed lots all ( ) structures of four stories, 25
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
common easement guaranteeing access. Permit- based on the recommendation of the planning
ted uses are not required to front on a public and zoning board. A minimum 25-foot setback
dedicated road. The city shall be allowed access shall be maintained between the walls of all
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. 26 CD110:57
§ 110-439 CAPE CANAVERAL CODE
(f) On property bordering the ocean, all shall conform to offstreet parking
structures shall be set back at least 50 feet from dimensional requirements as set forth in
the bluff line or vegetation line, whichever is section 110-494, and shall be convenient
greater, provided such setback is also subject to to residential use. Parking areas shall
the coastal setback line established by the state not be separated from associated
department of environmental protection. On all structures by any public right-of-way.
property bordering other major waterways, all Parking areas shall be landscaped in
structures shall be setback at least 25 feet from accordance with section 110-567.
the established shoreline. This setback shall be (2) Where the residential planned unit
free of all uses.
(Code 1981, § 640.09(D)) development consists of single-family
detached dwellings on platted lots of less
than 6,600 square feet, the developer
Sec. 110-440. Maximum length of structures. may be required to provide an approved
In a residential planned unit development, designated common area for the parking
the maximum length of a structure shall be 185 of campers, travel trailers, recreational
feet, unless an excess is specifically authorized trailers and vehicles, boats and boat
by the city council, as recommended by the trailers and other similar vehicles.
planning and zoning board. (Code 1981, § 640.09(G); Ord. No. 04-2017, § 2,
(Code 1981, § 640.09(E)) 4-18-17)
Sec. 110-441. Minimum floor area. Sec. 110-443. Underground utilities.
In a residential planned unit development, (a) Within the residential planned unit develop-
the minimum floor area per unit shall be as ment, all utilities, including telephone, televi-
follows: sion cable and electrical systems,shall be installed
underground. Primary facilities providing service
(1) Single-family dwellings, attached or to the site of the residential planned unit develop-
detached, unless waived by city council, ment may be exempted from this subsection.
1,100 square feet. Large transformers shall be placed on the ground
(2) Duplex, 750 square feet. and shall be contained within pad mounts,
(3) Multi-family dwellings: enclosures or vaults.
a. Efficiency, 450 square feet. (b) The developer must provide landscaping
with shrubs and plants to screen all utility
b. One bedroom, 650 square feet. facilities permitted above ground. The planning
c. Two bedrooms, 750 square feet. and zoning board may require that substations
d. Three bedrooms, 950 square feet. be screened by trees and shrubs or walls
(Code 1981, § 640.09(F)) resembling a structure which is compatible with
the design of the buildings within the residential
Sec. 110-442. Offstreet parking. planned unit development.
(Code 1981, § 640.09(11))
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
ping and zoning board. Each space must pertaining to buildings. Design requirements
contain at least 180 square feet of area, with respect to streets, sidewalks and drainage
Supp. No. 26 CD110:58
cipeZONING § 110-459
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.
(e) No additional signage.
(a) Any use, building, structure or land
developed, constructed or used for any permitted ( All outdoor display must maintain a
principal use or any use permissible as a special minimum five foot sidewalk clearance.
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
performance standards involved shall apply with permanent partitions into spaces containing not
respect to such extended, enlarged or
more than 300 square feet each.
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
of illumination shall be allowed if such source of
*Cross references—Litter, § 34-26 et seq.; property
maintenance requirements, § 34-97; lighting regulations, illumination would be visible from a residentially-
§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. 26 CD110:59
§ 110-459 CAPE CANAVERAL CODE
(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,
or greater, located within 25 feet of the pursuant to a water recycling system plan
street right-of-way, for each 25 linear approved by the city's development review com-
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.
J
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
development when the same meets the following Internally, there shall be direct access to
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. 26 CD110:60
cue ZONING §110-469
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
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
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. 26 CD110:61
§ 110-469 CAPE CANAVERAL CODE
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 or rear yard shall be over (7) Notwithstanding section 110-470(a)(1)
six feet in height or over four feet in above, in the R-2, R-3 and Townhouse
height if within 25 feet of any public districts on nonconforming corner lots of
right-of-way, unless otherwise specified record, fences and walls may be up to six
in this section; feet in height if constructed or installed
in the side yard and are 15 feet or more
(2) In any residential district where property from the public right-of-way.
abuts a public beach access parking area,
the fence or wall in a side, rear or front (b) Hedges may be permitted in any yard,
yard which abuts the public parking area except as specified in section 110-469 of this
shall not exceed six feet in height; code, provided the following restrictions shall
(3) In any commercial or industrial district, apply:
no fence or wall in any side or rear yard (1) Any hedge planted to satisfy the visual
shall be over eight feet in height or over screening requirements provided within
four feet in height if within 25 feet of any section 110-566 of this Code shall have a
public right-of-way. When the boundary minimum height at time of planting of
of a commercial or industrial zoning three feet and will be required to reach a
Supp. No. 26 CD110:62
Lfri ZONING § 110-475
minimum height of six feet, unless Sec. 110-472. Access.
otherwise provided by this chapter,and a Every building shall be on a lot fronting on a
density of at least 80 percent opacity public street or on an approved private street or
within two years of planting; with legal access to a public street and shall have
(2) No hedge planted to satisfy the visual a safe and convenient access for servicing, fire
screening requirements of section 110- protection and required offstreet parking. All
566 of this Code and located adjacent to a lots upon which structures are built shall have a
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 The minimum width of a court shall be 30 feet
for public purposes shall be set back a for one-story buildings, 40 feet for two-story
minimum of three feet from the property buildings and 60 feet for four-story buildings.
line or easement boundary to ensure For every five feet of height over 40 feet, the
such hedge will not encroach into or width of such a court shall be increased by two
impede the use of such public right-of- feet, provided that open unenclosed porches may
way, sidewalk or easement; project into a required court not more than 25
percent of the width of such court. Nominal
(4) Any hedge planted or otherwise insets in the building façade of six feet or less
established in accordance with this shall be exempt from this section.
chapter shall be comprised of a desirable (Code 1981, § 641.39)
species of vegetation as defined in chapter
102 of this Code, as may be amended Sec. 110-474. Water areas.
from time to time; and
All areas within the city which are under
(5) All hedges shall be maintained in water and not shown as included within any
accordance with Chapter 34 of this code zoning district shall be subject to all the require-
and all other applicable statues, ments of the district which immediately adjoins
ordinances, and regulations affecting or abuts the water area. If the water area
landscaping and vegetation. adjoins two or more districts, the boundaries of
(Code 1981, §641.25;Ord. No. 7-00, § 1, 7-18-00; each district shall be construed to extend into
Ord. No. 03-2003,§2,8-19-03;Ord. No. 09-2017, the water area in a straight line as projected
§ 2, 7-18-17) until they intersect a projected line from other
Cross references—Property maintenance standards,§34- district boundaries.
97; building code, § 82-31 et seq.; swimming pool code,
§82-246 et seq.;housing code, §82-271 et seq. (Code 1981, § 641.41)
Cross reference—Waterways,ch. 106.
Sec. 110-471. Exceptions to height regula- Sec. 110-475. Sidewalks required.
tions. (a) Construction of sidewalks shall be required
The height limitations contained in article VII in conjunction with the construction of any build-
of this chapter do not apply to spires, belfries, ing or development on property abutting any
cupolas, antennas, water tanks, solar panels, paved street, public and private, within the city
ventilators, chimneys, elevator equipment, air limits.
conditioning or other necessary equipment room (b) Sidewalks shall be no less than five feet
usually required to be placed above the roof level wide regardless of zoning district. Sidewalks and
and not intended for human occupancy. concrete aprons will be required across asphalt
(Code 1981, § 641.29) paved driveways. Sidewalks along State Highway
Supp. No. 26 CD110:63
§ 110-475 CAPE CANAVERAL CODE
AlA will require a permit from the state depart- (2) Upon completion of the sidewalk by the
ment of transportation and shall be no less than city, the city manager shall certify in
five feet wide. writing to the city council at a public
(c) Sidewalks being installed on a street within meeting the cost of constructing the
the same block which already has sidewalks or sidewalk. The certification shall
portions of sidewalks installed must transition proportionately allocate the cost of
to the width of the existing sidewalks, but shall construction to each parcel(s) of real
property that has received a special benefit
be no less than five feet in width. The transition from the sidewalk. At least 15 days'prior
distance between the two different widths of
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-
tion by resolution. The certified amount
(e) Construction of sidewalks shall be shall constitute a sidewalk impact fee for
completed prior to the issuance of the certificate each property. The resolution shall be
of occupancy or final inspection. Costs of construc- duly recorded in the public records of
tion shall be borne by the property owner. The Brevard County, Florida, and shall run
construction of the sidewalk shall be in accordance with the land.
with the provisions of section 98-92(t) of the
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
Supp. No. 26 CD110:64
(800, ZONING § 110-475
maximum rate allowed by law and penal-
ties not to exceed 25 percent on past due
amounts.
(Code 1981, § 641.55; Ord. No. 13-97, § 3,
10-21-97; Ord. No. 08-2003, § 2, 3-18-03; Ord.
No. 05-2015, § 2, 6-16-15)
Cross reference Streets, sidewalks and other public
places,ch. 66.
L
cope
Supp. No. 26 CD110:64.1
J
J
Lee, 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,
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.
grade. 02-2016, § 2, 7-19-16)
Supp. No. 26 CD110:69
§ 110-489 CAPE CANAVERAL CODE
Sec. 110-489. Pain management clinic and (e) Hours of operation. Pain management
medical marijuana treatment clinics shall only be permitted to operate
center dispensing facility between the hours of 9:00 a.m. and 7:00
regulations. p.m., Monday through Friday, and 9:00
(1) Pain management clinics may only be a.m. to 12:00 p.m. on Saturday.
permitted by special exception in the C-1, C-2 (f) Requirement for indoor operation and
and M-1 zoning districts, subject to the general prohibition on loitering. There shall be
conditions for special exceptions and subject to no outdoor seating areas, queues, or
the following requirements: customer waiting areas. All activities of
(a) State registration. Pain management clin the pain management clinic; including
ics must be registered with the state if sales, display, preparations and storage;
required by Florida law. If registration is shall be conducted entirely within an
required by state law, then proof of enclosed building. A pain management
registration, application for registration clinic shall provide adequate seating for
or letter of exemption must be provided its patients and business invitees. The
with the special exception application for pain management clinic shall not direct
the pain management clinic. or encourage any patient or business
invitee to stand, sit, gather or loiter
(b) Pain management clinic licensing. Each outside of the building where the clinic or
pain management clinic shall be oper- center operates, including in a parked
ated by a medical director who is a car, including in any parking areas,
Florida-licensed physician, board-certi- sidewalks, rights-of-way, or neighboring
fled in pain medicine, and who shall be properties for any period of time longer
responsible for complying with all require- than reasonably required for patients to
ments related to registration and opera- conduct their official business and depart.
tion of the clinic. The designated physician The pain management clinic shall post
must have a full, active, and conspicuous signs on at least three sides
unencumbered license under F.S. ch. 458 of the building stating that no loitering is
or ch. 459, and shall practice at the clinic allowed on the property.
location for which the physician has
assumed responsibility. Within ten days (g) Vehicular traffic. The pain management
after termination or absence of the medi- clinic shall ensure that there is no queu-
cal director, the clinic must notify the ing of vehicles in the rights-of-way. No
city of the identity of another medical pain management clinic shall have a
director for the clinic. drive-through or drive-in service aisle.
(c) Separation requirements from similar (h) Prohibition of on-site consumption of pain
uses. There shall be no less than one-half- management drugs, marijuana or alcohol.
mile distance between each pain manage- No consumption of a pain management
ment clinic regardless of the municipal drug, marijuana, or alcoholic beverage
boundaries of the city. shall be allowed on the premises, includ-
ing in the parking areas, sidewalks, or
(d) Separation requirements from schools, rights-of-way.
churches and daycare facilities. No pain
management clinic shall be permitted to (i) Parking. Any parking demand created by
locate within 1,000 feet of any public or a pain management clinic shall not exceed
private school,church,or daycare facility the parking spaces located or allocated
and no public or private school, church, on site, as required by the city's parking
or daycare facility shall be permitted to regulations. An applicant shall be required
locate within 1,000 feet of a pain manage- to demonstrate that on-site traffic and
ment clinic. parking attributable to the pain manage-
Supp. No. 26 CD110:70
ZONING § 110-489
ment clinic will be sufficient to accom- any state, federal, or similar law
modate traffic and parking demands it where such person is licensed to
generates, based upon a current traffic practice;
and parking study prepared by a certi-
fied professional. (ii) Has been convicted of, pled nolo
contendere to, or violated any plea
(j) Prohibition on cash only businesses. Limit- agreement regarding an arrest for,
ing payment for goods or services to cash a violation of any state, federal, or
only is prohibited. similar law related to drugs or
(k) Daily reports required. Pain manage- alcohol, specifically including but
not limited to, prescribing, dispens-
ment clinics shall be required to submit ing, administering, providing, sup
to the Brevard County Sheriffs Office a plying, or selling any controlled
daily summary containing the following
information from the prior business day: substance;
(i) The total number of prescriptions (iii) Has been suspended, had his or her
written that day; license revoked, or been subject to
disciplinary action by any state,
(ii) The total number of doses of drugs federal,or other governmental entity
sold and/or dispensed by the pain where such person is licensed to
management clinic that day(includ- practice;
ing samples), specifying how many
doses were sold or dispensed; the (iv) Has had any state, federal, or other
person prescribing or dispensing governmental entity where such
same; and the manner of payment person is licensed to practice take
by each person who was dispensed any action against such person's
drugs at the clinic that day; and license as a result of dependency on
drugs or alcohol; or
(iii) The state of residence of each person
to whom drugs were prescribed or (v) Has been convicted of, pled nolo
dispensed that day. contendere to, or violated any plea
agreement regarding an arrest for,
(1) Prohibition on home occupations. A pain any felony or crime involving moral
management clinic shall not be permit- turpitude.
ted as a home occupation.
(n) No pain management clinic shall be wholly
(m) No pain management clinic shall be wholly or partially owned by, or have as a
or partially owned by, or have any principal,partner,officer,member,manag-
contractual relationship (whether as a ing member,or otherwise where the owner
principal,partner,officer,member,manag- is an entity, any person who:
ing member, employee, independent
contractor, or otherwise)with any physi- (i) Has been convicted of, pled nolo
cian, pharmacist, or any other person contendere to, or violated any plea
who prescribes drugs and who, within agreement regarding an arrest for,
five years prior to the receipt of any a violation of any state, federal, or
application for special exception: similar law related to drugs or
(i) Has been suspended, had his or her alcohol; or
license revoked, or been subject to (ii) Has been convicted of, pled nolo
disciplinary action for prescribing, contendere to, or violated any plea
dispensing, administering, provid- agreement regarding an arrest for,
ing, supplying, or selling any any felony or crime involving moral
controlled substance in violation of turpitude.
Supp. No. 26 CD110:71
§ 110-489 CAPE CANAVERAL CODE
(o) No pain management clinic shall employ tion to the general application informa-
any person, as an independent contrac- tion required for special exceptions,
tor or otherwise, who: provide the following:
(i) Has been convicted of, pled nolo (i) The pain management clinic's
contendere to, or violated any plea registration number issued by the
agreement regarding an arrest for, Florida Department of Health, as
a violation of any state, federal, or required by Florida law.
similar law related to drugs or (ii) For pain management clinics, the
alcohol, specifically including but name of the medical director, as
not limited to, prescribing, dispens- required herein, responsible for
ing, administering, providing, sup- complying with all requirements
plying or selling any controlled related to operation of the pain
substance; or management clinic and the medical
director's Drug Enforcement Agency
(ii) Has been convicted of, pled nolo number.
contendere to, or violated any plea
agreement regarding an arrest for, (iii) A list of all persons associated with
any felony or crime involving moral the management or operation of the
turpitude within the five years pain management clinic, whether
preceding the application for special paid or unpaid, part-time or full
exception. time, including all contract labor
and independent contractors. This
(p) Landlord responsibilities. list shall include,but not be limited
to, all owners, operators, employees
(i) Any landlord,leasing agent,or owner and volunteers. For persons listed,
of property upon which a pain the following additional informa-
management clinic operates, who tion must be provided:
knows, or in the exercise of reason (A) Person's title, current home
able care should know, that a pain address,telephone number and
management clinic is operating in date of birth;
violation of city code or applicable
Florida law, including the rules and (B) List of all criminal convictions
regulations promulgated by the state whether misdemeanor or
department of health,must prevent, felony; that are drug related;
stop, or take reasonable steps to (C) A copy of a current Florida
prevent the continued illegal activ- driver's license or government
ity on the leased premises. issued photo identification;and
(ii) Landlords who lease space to a pain (D) A set of fingerprints.
management clinic must expressly (iv) If the property owner is different
incorporate language into the lease from the owner of the pain manage-
or rental agreement stating that ment clinic, the applicant shall
failure to comply with city code is a provide the name,address,telephone
material non-curable breach of the number and a copy of a Florida
lease and shall constitute grounds driver's license or government issued
for termination of the lease and photo identification of the property
immediate eviction by the landlord. owner along with the application.
(q) Additional application information. An (v) An inventory of diagnostic equip
applicant seeking a special exception for ment to be located at the clinic;
a pain management clinic shall, in addi- (vi) A natural disaster management plan;
Supp. No. 26 CD110:72
ZONING § 110-489
(vii) A floor plan showing the location tion with the city shall be grounds
and nature of adequate security for revocation of the special excep-
measures, including those required tion.
by the State of Florida for controlled
substances, to safeguard all drugs (r) Single special exception application/
to be dispensed in the course of its Single classification of special exception.
business. Only one special exception may be issued
for a location or any single building and
(viii) An affidavit of the medical director only under a single classification for either
of the pain management clinic, a pain management clinic or medical
signed under oath, attesting: marijuana treatment center.
(A) That their practice is located (s) Compliance with law. The pain manage-
at the subject site; ment clinic shall at all times be subject to
(B) That no employees of the facil- the requirements of all applicable federal,
ity have been convicted of a state, county and local laws and
drug-related felony within the ordinances, as they may be amended
five years preceding the from time to time.
application for special excep- (t) Suspension or revocation of special excep-
tion; tion. Any special exception granted for a
(C) That the pain management pain management clinic may be temporar-
clinic will not knowingly employ ily suspended or absolutely revoked by
any such convicted felons majority vote of the board of adjustment
thereafter; and at a public hearing, when the board of
(D) For pain management clinics, adjustment has determined by competent
that the medical director shall substantial evidence that either:
be required to inform the city (i) The pain management clinic has
within ten days should the obtained the special exception upon
medical director be terminated false statements, fraud, deceit,
or otherwise leave the affilia- misleading statements, or suppres-
tion of the pain management sion of material facts;
clinic as medical director. (ii) The pain management clinic has
The medical director of the pain committed substantial violations of
management clinic shall be required the terms and conditions on which
to keep all application information the special exception was granted;
updated with the city at all times, (iii) The pain management clinic no
even after issuance of a special excep- longer meets the requirements of
tion, and said information shall be this section or other applicable law;
verified annually by the city in or
conjunction with the city's local busi-
ness tax receipt renewal process. (iv) The medical director or any other
The medical director of the pain employee of the pain management
management clinic shall notify the clinic knowingly allowed illegal
city of any change to the informa- activities to be conducted on the
tion within ten days of any new premises.
person becoming associated with the Prior to any special exception being
pain management clinic or any other revoked,the pain management clinic shall
change to the application informa- be provided with minimum due process
tion required herein. Failure to including notice of the grounds for revoca-
tion maintain updated informa- tion and hearing date, an opportunity to
Supp. No. 26 CD110:73
§ 110-489 CAPE CANAVERAL CODE
be heard, the right to present evidence, salvageable personal property. This term does
and the right to cross-examine adverse not include recycle bins for the collection of
witnesses. recyclable materials.
(Ord. No. 13-2012, § 2, 9-18-12)
(u) Certification affidavit by applicants for
related uses. Sec. 110-490.1. Vacation resort campus.
(i) Any application for a business tax A vacation resort campus is a multiple build-
receipt under chapter 70 of this ing property that includes a hotel,condominium,
Code, as a pain management clinic cooperative or timeshare plan, or any combina-
as such terms is defined in section tion thereof, and is also a transient public lodg-
110-1 of this Code, shall be ing establishment duly licensed pursuant to F.S.
accompanied by an executed affidavit ch. 509, and in which the units are master
certifying registration with the State planned and organized in a campus arrange-
of Florida and the city as a pain ment that meets the following requirements:
management clinic. The failure of
an applicant to identify the busi- (a) The campus shall be master planned
ness in the application for a busi- pursuant to the terms and conditions of a
ness tax receipt as a pain negotiated development agreement
management clinic will result in the approved by the city council;
immediate expiration of the busi- (b) The campus,as used herein,shall contain
ness tax receipt and immediate ceas- a minimum of 25 contiguous acres of C-1
ing of all activity conducted in the zoned property or a combination of C-1
pain management clinic. and R-3 zoned property in which a hotel
(ii) Any applicant's application for a operation must exist within the campus;
J
business tax receipt and executed (c) The campus shall have direct access on a
affidavit relating to use as a pain thoroughfare or high capacity roadway;
management clinic,where applicable,
shall be provided to the city build- (d) The campus shall provide indoor and
ing division at the time of the outdoor recreational amenities customar-
proposed use. ily provided by a resort for their guests,
such as a pool, theater, restaurant, day-
(2) Medical marijuana treatment center care, etc.;
dispensing facilities shall be prohibited from (e) The campus shall include a food service
locating in any district of the city. facility that is open to the general public;
(Ord. No. 06-2011, § 2, 10-18-11; Ord. No.
09-2014, § 2, 9-16-14; Ord. No. 11-2017, § 2, (f) The total number of units in the campus
8-15-17) shall not exceed the maximum density of
the underlying zoning category; and
Sec. 110-490. Donation bins prohibited. (g) All development criteria shall be governed
by the underlying zoning category,includ-
It shall be unlawful to deposit, store, keep or ing but not limited to building setbacks,
maintain or to permit to be deposited, stored, building separation, required parking,
kept or maintained, a donation bin in or on any height limits and density,unless otherwise
lot, parcel or tract of land in any zoning district. agreed by the city in the master develop
As used in this section, "donation bin" shall ment agreement required by this section.
mean any unattended container, receptacle or (Ord. No. 10-2013, § 2, 7-16-13)
Editor's note—Ord. No. 10-2013, § 2, adopted July 16,
similar device that is located on any property 2013,set out provisions intended for use as§110-491. At the
within the city used for the solicitation, collec- editor's discretion,to prevent duplication of section numbers,
tion and storage of donations of clothing or other these provisions have been included as§ 110-490.1.
Supp. No. 26 CD110:74
L, ZONING § 110-492
DIVISION 2. OFFSTREET PARKING* (9) Commercial,office and professional build-
ings, excluding medical and dental din-
Sec. 110-491. Number of spaces required. ics. One space for each 300 square feet of
gross floor area.
There shall be provided at the time of the
erection or change of use of any main building or (10) Public buildings. One space for each five
structure or at the time any main building or seats or seating places or one space for
structure is enlarged or increased in capacity,by every 150 square feet of floor area in the
adding dwelling units, guestrooms, floor area or main assembly room,whichever is greater.
seats, minimum offstreet automobile parking (11) Residential uses, including single-family,
space with adequate provisions for ingress or two-family and multiple-family dwell-
egress in accordance with the following: ings and mobile homes. Two spaces for
(1) Auditoriums, theatres, clubs, lodges, each living unit.
restaurants and other places of assembly. (12) Colleges, technical and vocational schools.
One space for each three seats or seating One space for each student and faculty
places or one space for every 100 square member.
feet of floor area of the main assembly
hall, whichever is greater. (13) Hotels and motels. One space for each
sleeping unit plus one space for 12 sleep-
(2) Churches, temples or places of worship. ing units for employee parking.
One space for each four seats or seating (14) Assisted living facilities. One space for
places or one space for each 125 square each employee on the largest working
feet of floor area of the main assembly shift plus two spaces for every three
hall, whichever is greater. units.
(3) Hospitals. Two spaces for each patient (15) All other uses. To be determined by the
bed plus one space for each employee on building official,who shall use the ratios
the largest work shift. established in this section as a standard
(4) Libraries, museums. Offstreet parking for determining the requirements.
spaces equal in area to 50 percent of the (Code 1981, § 641.01(A); Ord. No. 17 2010, § 2,
floor area open to the public. 11-16-10)
(5) Manufacturing and industrial uses. One Sec. 110-492. Location of spaces.
space for each employee on the largest
work shift. (a) Parking spaces for all residential uses
shall be located on the same property as the
(6) Medical or dental clinics. Three spaces main building, except that one-half the total
for each examination or treatment room number of required spaces for multiple-family
plus one space for each employee. dwellings,townhouses and mobile homes may be
(7) Mortuaries. One space for each five seats located in a common parking facility not more
or seating places,exclusive of areas needed than 200 feet distant from the nearest boundary
for ambulances. of the site.
(8) Nursing or convalescent homes and (b) Parking spaces for other uses shall be
sanitariums. One space for each four provided on the same lot or not more than 500
patient beds plus one space for each feet distant.
employee on the largest work shift. (c) Parking requirements for two or more uses
*Cross references—Requirements for landscape appear- of the same or different types may be satisfied by
ance and maintenance, § 34-99; buildings and building the allocation of the required number of spaces
regulations,ch. 82. for each use in a common parking facility.
Supp. No. 26 CD110:74.1
§ 110-492 CAPE CANAVERAL CODE
(d) Required offstreet parking areas for seven (3) Joint use access between abutting proper-
or more automobiles shall have individual spaces ties is encouraged and there may be
marked and shall be so designed, maintained permitted a single joint use point of
and regulated that no parking or maneuvering access up to 35 feet in width. Service
shall be on any landscaped buffer, public street, stations shall be permitted two openings
walk or alley and so that any automobile may be not to exceed 35 feet each in width along
parked and unparked without moving another, any abutting public street, provided that
allowing, however, a driveway of not more than such property abuts such street for a
24 feet total on any street or alley for ingress or distance of not less than 120 feet.
egress to the offstreet parking area.
(4) There shall be a minimum distance of 30
(e) Parking spaces, access drives and aisles, feet between any two openings onto the
and dumpster areas are permitted within same street.
setbacks. (5) No point of access shall be allowed within
(f) Temporary parking on unpaved areas may 30 feet of the intersection of the right of
be approved by the city manager or designee as way lines of any public street.
part of a permitted outdoor entertainment event (6) No curbs shall be cut or altered and no
or city special event. Such approval shall apply point of access or opening for vehicles
only to properly licensed,operable motor vehicles onto a public street shall be established
for a specified limited duration. without a permit issued by the building
(Code 1981, § 641.01(B); Ord. No. 04-2011, § 2, department.
6-21-11; Ord. No. 06-2013, § 2, 6-18-13)
(7) In lieu of any two openings permitted on
Sec. 110-493. Access. any one street, there may be permitted a
single point of access up to 35 feet in
(a) In order to promote the safety of the width when the property frontage is in
motorist and the pedestrian and to minimize excess of 200 feet.
traffic congestion and conflict by reducing the (b) Projects for which a site plan is required,
magnitude of and the points of contact, the such as plaza developments, compound uses and
following shall apply: shopping centers, shall be considered on an
(1) A point of access (a driveway or other individual basis and may deviate from this sec-
opening for vehicles onto a public street) tion in the interest of traffic safety, upon recom-
shall not exceed 24 feet in width, except mendation by the planning and zoning board.
as otherwise provided in this division. (c) One-family, two-family and three-family
(2) The maximum number of points of access dwelling units shall be exempt from this section.
permitted onto any one street shall be as (Code 1981, § 641.01(C); Ord. No. 3-96, § 1,
follows: 3-5-96; Ord. No. 26-96, § 1, 1-14-97)
Number of Sec. 110-494. Dimensions.
Lot Width Abutting Points of
Street Access Offstreet parking spaces shall consist of a
minimum paved area of 180 square feet for
Less than 125 feet 1 parking an automobile,exclusive of access drives
Over 125 feet 2 or aisles thereto. The minimum width of each
provided; however, that a residential lot space shall be 10 feet and minimum length shall
of less than 125 feet may have a circle be 18 feet.
driveway with two points of access (Ord. No. 04-2017, § 2, 4-18-17)
provided that it comply with the other
terms and conditions of this section. Secs. 110-495-110-505. Reserved.
Supp. No. 26 CD110:74.2
‘111019" ZONING § 110-522
DIVISION 3. OFFSTREET LOADING Sec. 110-522. Requirements.
(a) Home occupations are permitted within
Sec. 110-506. Requirements. the confines of any dwelling unit, provided all
restrictions of this section are complied with.
(a) Every permitted use requiring the receipt
or distribution by vehicles of materials or (b) The primary use of the building shall
merchandise and having a floor area of 10,000 remain residential, and the operator of the home
square feet or more shall have at least one occupation shall remain a resident thereof.
permanently maintained offstreet loading space (c) No structural additions, enlargements or
for each 10,000 square feet or fraction thereof of exterior alterations changing the residential
gross floor area. appearance to a business or commercial appear-
ance shall be permitted.
(b) Single-occupancy retail operations,
wholesale operations and industrial operations (d) No home occupation shall occupy an area
with a gross floor area of less than 10,000 square greater than 25 percent of the first floor area of
feet shall provide sufficient receiving space on the dwelling unit, exclusive of the area of any
the property so as not to hinder the movement of open porch or attached garage or similar space
vehicles and pedestrians over a sidewalk, street not suited or intended for occupancy as living
or alley. quarters. No rooms which have been constructed
(Code 1981, § 641.03(A)) as an addition to the residence or any attached
garage or porch which has been converted into
living quarters shall be considered as floor area
Sec. 110-507. Location and dimensions of until two years after the date of completion
(re space. thereof.
Each offstreet loading space shall have direct (e) No additional and separate entrance
access to an alley or street and shall have the incongruent with the residential structural design
following minimum dimensions: shall be constructed for the purpose of conduct-
ing the home occupation.
(1) Length, 45 feet.
(f) The home occupation shall be conducted
(2) Width, 12 feet. entirely within the dwelling unit used as the
residence.
(3) Height, 14 feet.
(Code 1981, § 641.03(B)) (g) For single-family, duplex or townhouse
structures,no display of goods or external evidence
of the home occupation shall be permitted other
Secs. 110-508-110-520. Reserved. than one nonilluminated nameplate, not exceed-
ing two square feet in area, which may be
displayed affixed flat against the exterior surface
DIVISION 4. HOME OCCUPATIONS* at a position not more than two feet distant from
the main entrance of the dwelling unit concerned.
Sec. 110-521. Permitted home occupations. For structures housing multifamily or mixed
uses, no external evidence of the home occupa-
Customary home occupations which are tion shall be permitted.
incidental to the permitted residential use shall (h) No provision for offstreet parking or load
be allowed in any district which permits home ing facilities, other than the requirements of the
occupations. district in which the use is located, shall be
(Code 1981, § 641.07) permitted. Occupations which generate greater
*Cross reference—Occupational license tax, § 70-66 et volumes of traffic than would normally be expected
seq. in a residential neighborhood are prohibited.
Supp. No. 26 CD110:74.3
§ 110-522 CAPE CANAVERAL CODE
J
(i) No stock in trade or commodities, other Monroe Avenue to the northern city
than those prepared, produced or created on the boundary shall be 50 feet from the right-
premises by the operator of the home occupation, of-way.
shall be kept or sold on the premises. (3) Ridgewood Avenue. Setback, each side,
(j) No motor power other than electric motors from the southern city boundary to the
shall be used in conjunction with a home occupa- northern city boundary of Ridgewood
tion. The total horsepower of such motors shall Avenue shall be 25 feet from the right-of-
not exceed three horsepower or one horsepower way
for any single motor. (b) On the Atlantic Ocean, the setback shall
(k) No equipment or process shall be used in a comply with the coastal construction setback.
home occupation which creates noise, vibration, See section 82-81 et seq.
glare, fumes or odors, detectable to the normal (c) In determining the setback requirements
senses off the lot. No equipment or process shall for any building proposed to be erected, the
be used which creates visual or audible interfer- setback requirements in this section shall be
ence in any radio or television receiver or causes construed as a minimum setback,and if a greater
fluctuation in line voltage outside the dwelling
unit. No home occupation shall interfere with
the reasonable enjoyment of adjoining or nearby
dwelling units or properties.
(Code 1981, § 641.09)
Sec. 110-523. Local business tax receipt
required.
Permitted home occupations shall comply with
the city local business tax levied pursuant to
section 70-66 et seq.
(Code 1981, § 641.11; Ord. No. 02-2007, § 9,
2-20-07)
Secs. 110-524-110-535. Reserved.
DIVISION 5. SETBACKS
Sec. 110-536. Building setback lines.
(a) The following shall be the minimum build-
ing setback lines along the listed roads:
(1) Highway AlA (portions known as North
Atlantic Avenue and Astronaut
Boulevard). Setback, each side, from the
northern city boundary to the southern
city boundary shall be 50 feet from the
highway right-of-way.
(2) North Atlantic Avenue (that portion of
North Atlantic Avenue also known as
Palm Avenue and S.R. 401). Setback,
each side, from its intersection with
Supp. No. 26 CD110:74.4
Lilie ZONING § 110-609
Sec. 110-608. Nonconforming uses,
structures and buildings.
Those legally existing uses, structures and
buildings that do not comply with the provisions
of this article at the time of its adoption shall be
deemed nonconforming and shall be governed by
article V of chapter 110 of this Code.
(Ord. No. 11-2012,§2(Exh. A),7-17-12;Ord. No.
07-2015, § 2, 8-18-15)
Sec. 110-609. Use matrix.
The District is intended to serve as both the main gateway area into the city as well as the main
street to the city's proposed Town Center. The following land use matrix (Table 1) identifies the uses
which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA).
Table 1. Land Use Matrix
Uses (not a complete listing)* C-1 C-2 M-1
Retail P P Pl
(59., Personal Services P P SE1
Hotels and Motels P Pl P
Banks P P SE1
Waterfront Restaurant P _ P SE
Assisted Living Facility SE SE1 NA
Pharmacies2 P P NA
Flex space (office, showroom, warehouse)2 SE SE P
Convenience store w/gas2 SE SE P
High tech/light manufacturing2 SE P P
Warehousing2 NA SE P
Off-site cruise ship parking accessory to hotels and SE SE SE
motels2
Commercial Parking Facility (minimum lot size of 5 NA NA SE
acres)
Port of Call Facility [Permitted pursuant to a P (w/DA) P (w/DA) P (w/DA)
Development Agreement (DA)]1
Attraction and Destination uses' PD PD PD
Mixed Use Development uses (i.e. Town Center)' PD PD PD
1 Added use.
2 Use included to clarify intent of code.
* Uses not specifically listed may be approved as a Planned Development (PD).
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12;Ord. No. 03-2013, § 2, 3-19-13;Ord. No. 07-2015, §2, 8-18-15;
Ord. No. 12-2017, § 2, 8-15-17)
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Supp. No. 26 CD110:89
§ 110-610 CAPE CANAVERAL CODE
Sec. 110-610. Similar and compatible uses. ing and pedestrian and vehicular circulation on
Any use not specifically listed may be a given site. The purpose of good site design is to
authorized by the city council as a planned create a functional and attractive development,
to minimize adverse impacts, and to ensure that
development on a case-by-case basis. a project will be an asset to the community.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
Sec. 110-611. Property containing both corn- (2) Proper site planning shall promote harmony
mercial and residential zoning between new and existing buildings and shall be
district designations. sensitive to the scale, form, height, and propor-
tion of surrounding development. Good design
In the event that a parcel of real property with complementary landscaping is a major
located within the District contains both a com- component in creating vibrant commercial areas
mercial and residential zoning district designa- that foster a pleasant and desirable character,
tion, the residential portion of the parcel may be pedestrian activity, and economic vitality. Fac-
developed in accordance with either the applicable tors such as the size and massing of buildings,
underlying zoning regulations or as an accessory the orientation of storefronts, and circulation
use to the principal commercial development on greatly influence the quality of the pedestrian
the commercial portion of the parcel. Accessory experience.
uses may include, but are not limited to,
restaurant/bar,recreational amenities,boardwalk,
sundries, and parking structure, provided the (3) Within the district,site planning and design
city manager or his designee deems the acces- of new buildings and the rehabilitation of exist-
sory use is compatible with the principal use and ing buildings shall promote continuity of the
compatible with the surrounding properties. The historic context of buildings(as shown in historic
city manager or his designee may impose, in documentation) in relationship to the existing
writing, reasonable safeguards and conditions pattern and scale of streets, sidewalks and park-
on the approval of any development permit ing. The guidelines and standards below reinforce
authorizing an accessory use. Any violation of the existing historic development patterns (as
these safeguards and conditions of the accessory shown in historic documentation) and provide a
use in furtherance of the compatibility require- site planning framework for both infill develop-
ments of this section and/or the public health, ments and rehabilitation and revitalization of
safety and welfare. Accessory uses and structures existing buildings.
shall be constructed or developed only after (Ord. No. 11-2012,§2(Exh. A), 7-17-12;Ord. No.
development of the principal use and shall not 07-2015, § 2, 8-18-15)
become a use independent of the principal use.
Further, the residential portion of the parcel
shall not be subdivided from the commercial Sec. 110-622. LEED or LEED equivalent
portion so long as any such accessory use remains design.
on the parcel.
(Ord. No. 07-2015, § 2, 8-18-15) (1) Intent: LEED (Leadership in Energy and
Environmental Design) is a national consensus-
Secs. 110-612-110-620. Reserved. based, market-driven building rating system
developed by the U.S. Green Building Council to
DIVISION 3. SITE PLANNING encourage the development and implementation
of green building practices. This rating system is
Sec. 110-621. Intent. incorporated in the categories of site, water,
energy,materials,and air quality. The city desires
(1) Site planning involves the proper place- to encourage, where practical, the use of LEED
ment and orientation of structures, structure or a LEED equivalent rating system in the
height, development acreage, open spaces, park- design of projects within the District.
Supp. No. 26 CD110:90
(111.09' ZONING § 110-622
(2) Categories: The following LEED or LEED
equivalent categories shall be considered in the
design of projects within the district to the
maximum extent practical.
a. Sustainable Sites (SS). The project shall
include consideration of erosion and
sedimentation control;optimum site selec-
tion which avoids areas such as wetlands,
floodplains,etc.;siting projects to promote
urban redevelopment or use of brown-
field sites; alternative transportation
options;reduced site disturbance;innova-
tive stormwater management; reduction
of heat islands; and reduction of light
pollution.
b. Water Efficiency (WE). The project shall
incorporate water-efficient landscaping
as described in section 110-592; innova-
tive
(1100,
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Supp. No. 26 CD110:90.1
J
J
J
Lire ZONING § 110-684
Sec. 110-670. Parking structures. Sec. 110-684. Commercial site plan review.
(1) When a parking structure is included in a (1) All development and redevelopment of
project, it shall be integrated into the overall real property, including all structures, whether
design of a development. temporary or permanent, within the district
shall comply with the provisions of this section.
a. Parking structures shall be compatible
with the main building through a a. Construction requiring site plan review
consistency in building material, color shall not be permitted until a landscape
and architectural defining features. plan consistent with this section has
(Ord. No. 11-2012, §2(Exh. A),7-17-12;Ord. No. been submitted to and approved by the
07-2015, § 2, 8-18-15) community development department.
Editor's note—Ord. No. 07-2015, § 2, adopted August b. Landscape plans for all projects shall be
18, 2015, repealed § 110-670, which pertained to shared
parking and derived from Ord. No. 11-2012, § 2(Exh. A), prepared, signed and sealed by a
7-17-12. Additionally, said ordinance renumbered§ 110-671 registered landscape architect.
as§ 110-670.
c. The landscape plans shall be drawn to a
scale between one inch equals ten feet,
Sec. 110-671. Dimensions. and one inch equals 40 feet.
Each space must contain at least 180 square (2) The landscape plan shall include nota-
feet of area and shall conform to offstreet park- tions of all elements required by this section or
ing dimensional requirements as set forth in the information shall be attached to specify
section 110-494. compliance with this section, and at a minimum,
(Ord. No. 04-2017, § 2, 4-18-17) shall include the following.
a. The "limit of work" line for the subject
Secs. 110-672-110-682. Reserved. project to include any adjacent property
trees located up to ten feet beyond the
property line;
DIVISION 6. LANDSCAPING
b. All overhead utility lines, transformers,
easements, and underground utilities,
Sec. 110-683. Intent. sidewalks located within the project, and
Found or pole signs as defined in chapter
Through the use of a variety of vegetation
94 of this Code;
such as trees, shrubs, ground cover, perennials
and annuals, as well as other materials such as c. All existing and proposed light poles,fire
rocks, water, sculpture or paving materials, hydrants, and backflow prevention
landscaping unifies streetscape and provides a devices;
positive visual experience. Landscaping also can
emphasize sidewalk activity by separating vehicle d. Building finished floor elevation(s) and
and pedestrian traffic, provide shade, define building overhang(s);
spaces, accentuate architecture, create inviting e. Proposed site grading, including spot
spaces and screen unattractive areas. Also,since elevations, and contour lines at one-foot
water resources are limited and water restric- intervals;
tions are commonplace in East Central Florida,
especially in the coastal areas, the city is f. Healthy and viable existing on-site trees
incorporating water-efficient landscape standards and shrubs of a Code-acceptable size,
as a means to help conserve water use for species and location that are intended to
landscaping. be preserved and applied toward the
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) requirements of this section. Details of
Supp. No. 26 CD110:101
§ 110-684 CAPE CANAVERAL CODE
the protective barriers and/or other protec- soil erosion control such as on slopes or
tive measures to be used for said preserva- in swales, where turf grass is used as a
tion shall be provided; design unifier, or other similar practical
g. Notes indicating that all existing invasive use. The landscape plan shall label the
exotic plants, as listed in the Florida intended use of turf areas.
Exotic Pest Plant Council (FLEPPC) (3) Mulch:A layer of organic mulch,installed
Invasive Plant Species List (2011), shall to a minimum depth of two inches, shall
be removed(any disturbance of a wetland be specified on the landscape plans in
area requires compliance with chapter plant beds and around individual trees
106 of this Code.); in turf grass areas. Mulch shall not be
h. A plant schedule which describes all required in annual beds.
proposed landscape materials, including (4) Irrigation: Whenever available, reuse
specifications as to the species,size,spac- water shall be used for irrigation in
ing, opacity, and quantity of plant mate- accordance with section 90-176 of this
rial; Code. All irrigation systems shall conform
i. In no case shall a landscape plan to the requirements set forth in chapter
incorporate the use of prohibited invasive 91 of this Code and shall be certified by
exotic plant species as described in F.S. the licensed contractor or licensed profes-
§ 581.091, as may be amended; sional to be in compliance with chapter
91 irrigation system requirements in
j. Nothing in this article shall be construed design. Certification shall include
to prohibit or be enforced to prohibit any language providing that the system shall
property owner from implementing city- be installed in compliance with the chapter
approved low impact development 91 irrigation system requirements. This
techniques for stormwater management certification shall be submitted to the
and capture or Florida Friendly Landscap- city on the landscape plan.
ing on their land; and
(5) As an option,Florida Friendly Landscap-
k. In all cases, a certification from the ing principles, as described in F.S.
landscape architect stating that the § 373.185(1)(b), as maybe amended, may
landscape plan is designed in accordance be utilized for the entire landscape plan.
with this section.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) (6) The landscape plan shall contain certifica-
tion by the registered landscape architect
Sec. 110-685. Water efficient landscaping. that the landscape plan is designed in
compliance with this Code and the
The following water-efficient landscaping certification shall be submitted to the
principles shall be considered when designing a city as a component of the initial submit-
landscape plan as specified in section 110-684 of tal of the commercial site plan. Such
this Code: certification shall be stated directly on
(1) Plant selection:In preparing the landscape the landscape plan.
plan, plant material shall be selected (Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
that is best suited to withstand the grow-
ing and soil conditions of coastal areas. Sec. 110-686. Screening between com-
Plant species that are freeze and drought mercial or industrial zoning
tolerant are preferred. districts or uses and
residential districts or uses.
(2) Turf grass: Turf grass areas shall be
consolidated and limited to those areas (1) Whenever the boundaries of a commercial
on the site that receive pedestrian traf- or industrial zoning district or commercial or
fic, provide for recreational uses, provide industrial use and a residential zoning district
Supp. No. 26 CD110:102
ZONING § 110-688
or residential use abut, a visual screen shall be footage may be aggregated to provide
provided within the required setbacks of the maximum aesthetic value. However,each
property which is developing or redeveloping. perimeter requiring landscape must have
(2) Such visual screen shall: at least 50 percent of the required
landscape along that perimeter.
a. Be provided along the entire length of
the boundary separating the commercial d. Unless otherwise expressly required by
or industrial zoning district or com this article, the community development
mercial or industrial use from the director may exempt a perimeter bound-
residential zoning district or residential ary from this section if he determines
use. that the perimeter boundary does not
abut a public space, including, but not
b. Have a minimum of one ten-point tree limited to, a public road, sidewalk or
value as defined in section 110-567 which park, and the perimeter boundary does
shall be planted every 35 feet with at not create any visual interest or transi-
least two five-point trees on the minimum tion on the perimeter between adjacent
50-foot C-1 or 75-foot C-2 lot or com- properties.
mercial use and three five-point trees on
the minimum 75-foot M-1 lot or industrial e. Commercial parking facilities subject to
use. section 110-690 are exempt from this
section.
(3) Unless stated otherwise, all other require- (Ord. No. 11-2012,§2(Exh. A), 7-17-12;Ord. No.
ments of section 110-566 not listed here, shall 03-2013, § 2, 3-19-13; Ord. No. 07-2015, § 2,
apply.
8-18-15)
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
Sec. 110-687. Project perimeter. Sec. 110-688. Building landscaping.
(1) To create visual interest and transition on (1) Landscaping is required at the base of
the project perimeter, a landscaped area shall be buildings to create visual interest and to soften
provided between the adjacent properties and the contrast of the building and the other
the public right-of-way. vegetated areas.
a. The landscaped area shall be equal to the a. A landscaped area shall be provided
full linear length of the property and around the base of all buildings oriented
have a minimum depth of five feet. toward public rights-of-way or public park-
b. At least 50 percent of the required ing areas. The rear of the building shall
landscaped area shall consist of landscap- not be included within the landscaped
ing capable of achieving a minimum of 30 area unless it is oriented to a public
inches in height, with one medium or right-of-way.
large tree planted for each 25 feet or
fraction thereof of the linear property b. This landscaped area shall be equal to 50
length, or one small tree or palm tree percent of the linear length of the build
planted for each 15 feet or fraction thereof ing base oriented toward the rights of
of the linear property length. When locat- way or parking areas, with a minimum
ing trees, consideration shall be given to width of four feet.
impact on underground and overhead
utility lines. c. At least half of the required landscaped
area shall contain landscape material
c. The layout of the required landscaped other than ground cover, with trees
area shall be at the discretion of the provided at a ratio of one tree per 200
owner, such that the required square square feet of required landscaped area
Supp. No. 26 CD110:102.1
§ 110-688 CAPE CANAVERAL CODE
'Nu)
or fraction thereof. The distribution of i. For the purpose of this standard,a mixed-
the landscaped areas shall be at the use building which includes residential
discretion of the owner. units shall not be defined or categorized
as a residential building.
d. Building landscaping may be applied (Ord. No. 11-2012,§2(Exh. A),7-17-12;Ord. No.
towards meeting the perimeter landscap- 07-2015, § 2, 8-18-15)
ing requirement in this section.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-690. Required screening for com-
mercial parking facilities.
Sec. 110-689. Surface parking lots. A commercial parking facility shall include a
fence or wall around the perimeter of the facility.
(1) Buffer off-street parking adjacent to a Further, a perimeter boundary landscape buffer
public right-of-way or residential buildings or shall be required when a commercial parking
residential zoned property with a landscaped facility is located adjacent to a non-industrial
barrier. type use or a public space, including, but not
limited to,a public road,sidewalk or park. When
a. Interior landscaping for off-street park- the perimeter boundary is located adjacent to a
ing shall conform to the requirements of non-industrial type use the community and
section 110-567 of this Code. economic development director may exempt a
perimeter boundary from the landscape buffer
b. Minimum landscape buffer width between requirement if the landscape buffer would not
the right-of-way and the parking or create any visual interest or transition on the
vehicular access area along AlA, Central perimeter between adjacent properties (e.g.
Boulevard, and N. Atlantic Avenue shall landscape buffer not visible from non-industrial
be ten feet and five feet along all other use). Landscape buffers required pursuant to
streets. this section shall be consistent with the follow-
ing:
c. A knee wall which is at least 30 inches in (a) Opaque walls and fences shall be continu-
height is required when an off-street ously landscaped along the outside
parking area is located within 25 feet of perimeter using shrubs and trees with
the public right-of-way. minimal gaps or breaks in between plant-
ings.
d. A continuous landscape berm at an aver-
age height of 30 inches from grade may (b) Chain link fencing or other non-opaque
be permitted in lieu of a required knee walls or fences shall be continuously
wall. landscaped along the outside perimeter
with shrubs, plus one 10-point tree, as
e. A knee wall or berm may be, staggered, defined by section 110 567, every 35 feet
meandering or continuous. in order to provide an opaque screen.
(Ord. No. 03-2013, § 2, 3-19-13)
f. A knee wall or berm shall not obstruct
any safe sight distance triangle. Secs. 110-691-110-700. Reserved.
g. A knee wall shall be compatible with the DIVISION 7. SIGNAGE
architectural design, material, and color
of the principal building of the project. Sec. 110-701. Intent.
h. Lighting shall not be used to create an The placement, construction, color, font style,
attraction,distraction,or commercial sig- and graphic composition of signs have a collec-
nage intent to the wall or berm. tive impact on the appearance of the entire
Supp. No. 26 CD110:102.2
ZONING § 110-703
district. Therefore, signage shall be integrated j. The height and width of letters and logos
with the overall design of a building and its shall be properly proportioned to the sign
surrounding landscape. Signage shall convey a area on which the sign is to be located.
simple straightforward message to identify busi-
nesses and/or to assist pedestrians and vehicular k. Signs shall be scaled to fit within the
traffic in locating their destination. The size, boundaries of a storefront or building it
number, location and use of signage are further is advertising.
regulated in chapter 94 of this Code. 1. The exposed backs of all signs visible to
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) the public shall be suitably finished and
maintained.
Sec. 110-702. All signs.
m. Projects or buildings containing more
(1) Design signage which is incorporated into than one storefront shall have a planned
the overall design of a building and complements coordinated sign program that provides
the façade or architectural element on which it is consistency with regard to height, size,
placed. shape, colors and degree of illumination.
a. All signs shall be maintained in good n. The restoration of historic signage as
repair. may be prescribed in recognized preserva-
b. Easy to read signs with a brief simple tion guidelines and historic documenta-
message and a limited array of font tion is strongly encouraged.
styles are encouraged.
o. No later than 90 days following the
c. Colors shall be selected to contribute to closing of a business, any related signs
(1619' the legibility and design integrity of a shall be removed and replaced with blank
sign with sufficient contrast between the panels or painted out.
background color and that of the letter or (Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
symbol.
d. Signs shall not dominate or obscure the Sec. 110-703. Awning signs.
architectural elements of building façades,
roofs or landscaped areas. (1) Develop awning signs that are harmoni-
ous with architectural details of the façade and
e. Signs may be constructed of metal,stone, which do not detract from the overall design.
wood,recycled composite material or other
non-illuminated material. a. Signage shall be limited to the skirt
f. Signs made up of channel lettering,hung (valence) of the awning and shall not be
away from the face of a building such as on the awning face.
a projecting sign and or signs b. If illuminated, awning sign illumination
perpendicular to the face of a building shall be external. Back-lit, translucent
tend to have a lighter appearance and signs are prohibited. Lighting shall be
are permitted. directed downward and shall not
g. Neon signs and channel lettering are illuminate the awning.
permitted. c. To avoid having to replace awnings or
h. Internal illumination shall be used only paint out previous tenant signs when a
for signs composed of individual channel new tenant moves in, the use of replace-
or neon letters or graphics. able valances shall be considered.
i. Energy efficient light,such as LED(light- d. The shape, design, and color of the
emitting diode) or other current technol- awnings shall be carefully designed to
ogy shall be used throughout all signage coordinate with, and not dominate, the
coge
types. architectural style of the building. Where
Supp. No. 26 CD110:102.3
§ 110-703 CAPE CANAVERAL CODE
multiple awnings are used, on the build- Sec. 110-706. Wall signs.
ing, the design and color of the sign
awnings shall be consistent. (1) Design wall signs to be compatible with
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) the architectural context of the AlA EOOD and
which improve the overall appearance of the
Sec. 110-704. Pedestrian signs. area.
(1) Develop coordinated pedestrian signage, a. Multiple wall signs on a building façade
shall be located in order to maintain a
which complements the pedestrian orientation of physical separation between each
the AlA and Central Boulevard Corridor. individual sign,so it is clear that the sign
a. Each business on the ground floor may relates to a particular store below.
have one pedestrian sign, except that b. Wall signs shall be mounted on a flat
corner businesses with frontage on both building surface, and,unless a projection
streets may have two pedestrian signs. is an integral design element,shall gener-
b. Each business that is located on a second ally project as little as possible from the
floor may have a pedestrian sign on the building's face. Wall signs shall not be
ground level if there is direct exterior placed over or otherwise obscure
pedestrian access to the second floor architectural building features, nor shall
business space. they extend sideways beyond the build-
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) ing face or above the highest line of the
building to which it is attached.
Sec. 110-705. Projecting signs. c. Wall signs shall be located on the upper
J
(1) Design projecting signs,which are compat portion of the storefront, within or just
ible with the architectural context of the AlA above the storefront opening. On multiple
EOOD and which improve the overall appear- story buildings, the best location for a
ance of the area. wall sign is generally a band or blank
area between the first and second floors.
a. Projecting signs shall be hung at a
90-degree angle from the face of the d. New wall signs in a shopping center that
building. does not have an approved sign program
shall be placed consistent with sign loca-
b. Appropriate materials include wood, tions on adjacent businesses.
metal, recycled composite material or
other non illuminated material with e. For new and remodeled shopping centers,
carved or applied lettering, or any other a comprehensive sign program for all the
material that is architecturally compat- in the center shall be developed
ible with the building to which the sign is and approved by the community appear-
attached. ance board.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
c. Sign supports and brackets shall be
compatible with the design and scale of Sec. 110-707. Hanging signs.
the sign and the architectural design of
the building. Where appropriate, decora- (1) Design hanging signs to be suspended
tive iron and wood brackets are encour- below a marquee or a canopy to help define
aged. entries and identify business names to
pedestrians.
d. The text, copy, or logo face shall not
exceed 75 percent of the sign face of a a. Where overhangs or covered walkways
projecting sign. exist, pedestrian-oriented hanging signs
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) are encouraged.
Supp. No. 26 CD110:102.4
(We ZONING § 110-720
b. Hanging signs can be particularly useful be integrated throughout the planned develop-
for storefronts that have multiple ten- ment to provide for a linked recreational/open
ants. space system.
c. Hanging signs shall be simple in design Concept plan means a generalized plan
and not used to compete with any exist- illustrating the assessment and possible suitable
ing signage at the site, such as wall development of a site.
signs.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Construction means the process,usually requir-
ing the professional services of an architect
Sec. 110-708. Window signs. and/or engineer, of building, altering, repairing,
improving or demolishing any structure or build-
Design window signs to complement the façade ing or other improvements of any kind to any
of the building and be incorporated into and not real property.
detract from the overall design.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Construction schedule means a comprehensive
statement demonstrating the type and extent of
Sec. 110-709. Business park/area multi-user development to be completed within the various
sign. practicable time limits and the order in which
development is to be undertaken. A construction
Pursuant to a developer's agreement approved schedule shall contain an exact description of the
by council, a multi-user sign may be erected on specific buildings, facilities, common open space
SR AlA,Center Street and/or Central Boulevard and other improvements to be developed by the
to provide signage for properties/businesses end of each time period.
located along Central Street,Imperial Boulevard,
Brown Circle, and Commerce Street. Phase means a specified portion of an approved
(Ord. No. 08-2014, § 3, 9-16-14) planned development that may be developed as
an independent entity which is delineated in the
Secs. 110-710-110-719. Reserved. approved land use and site/construction plans
and specified within the construction schedule.
ARTICLE XI. PLANNED DEVELOPMENTS Land use plan means the plan approved by
the city council pursuant to this article and on
DIVISION 1. GENERALLY file with the city which establishes the planned
development zoning designation on the applicant's
Sec. 110-720. Definitions. property.
The following words,terms and phrases,when Planned development means an area of land
used in this article, shall have the meanings developed as a single entity or in approved
ascribed to them in this section, except where phases in conformity with approved land use and
the context clearly indicates a different meaning: site/construction plans by a property owner or a
property owner's authorized agent(s), which is
Applicant means the property owner or the comprehensively planned to provide for a variety
property owner's authorized agent seeking to of land uses and common open space.
develop land as a planned development pursuant
to this article. Site means the actual physical area to be
developed as a planned development, including
Common open space means a parcel of land or the natural and man-made characteristics of the
a combination of land and water within a planned area.
development designed and intended for the use
or enjoyment of the patrons or residents of the Site/construction plan means a detailed,
planned development. Common open space shall dimensional plan at a reproducible scale provid-
Supp. No. 26 CD110:102.5
§ 110-720 CAPE CANAVERAL CODE
j
ing information and graphic depiction of all
physical development relationships to occur within
a tract of a planned development.
Tract means an area of land delineated within
a phase, which is separate unto itself having a
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3
Supp. No. 26 CD110:102.6
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Chapter 115
VESTED RIGHTS
Article I. In General
Sec. 115-1. Purpose and intent.
Sec. 115-2. Definitions.
Sec. 115-3. Vested rights permits,effect.
Sec. 115-4. Exhaustion of administrative remedies required.
Sec. 115-5. Standards for determining vested rights.
Sec. 115-6. Permit expiration;substantial deviations,etc.
Sec. 115-7. Application for vested rights determination.
Sec. 115-8. Review and recommendation by city attorney.
Sec. 115-9. Supplemental evidence.
Sec. 115-10. Vested rights agreements.
Sec. 115-11. Public hearing.
Sec. 115-12. Issuance vested rights permit.
Sec. 115-13. Judicial review.
Article II. Residential Densities
Sec. 115-14. Purpose and intent.
Sec. 115-15. Definitions.
Sec. 115-16. Residential condominium or townhouse projects.
Sec. 115-17. Other multi-family/apartment development projects.
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VESTED RIGHTS § 115-14
(b) All hearings shall be open to the public this article. The decision shall be filed with the
and shall be advertised in a newspaper of general city manager and a copy provided to the applicant
circulation not less than ten days prior to the by certified mail, return receipt requested.
date of the hearing. (Ord. No. 27-2003, § 2, 11-18-03)
(c) The parties before the city council shall be Sec. 115-12. Issuance vested rights permit.
the applicant, the applicant's witnesses, if any,
city staff, interested members of the public, if If the application for a vested rights permit is
any, and witnesses of the interested members of granted, the city manager shall issue a vested
the public, if any. Any interested member of the rights permit allowing the applicant to develop
public who participates at the hearing shall or continue to develop the vested development in
leave his or her name and mailing address with question, notwithstanding any provision of the
the city clerk. city's comprehensive plan or land development
regulations with which the continued develop-
(d) Testimony and evidence shall be limited to ment would otherwise appear to be inconsistent.
matters directly relating to the application and (Ord. No. 27-2003, § 2, 11-18-03)
development. Irrelevant, immaterial or unduly
repetitious testimony or evidence maybe excluded. Sec. 115-13. Judicial review.
Any person aggrieved by a final decision of the
(e) The applicant shall have the burden of
coming forward with the evidence and the burden city council under this article shall have the
right to appeal the final decision to a court of
of proof. The decision of the city council shall be competent jurisdiction. The record before the
based on competent substantial evidence. circuit court shall consist of the complete record
(f) Minimum due process procedures shall of the proceedings before the city council.
apply including notice, an opportunity to be (Ord. No. 27 2003, § 2, 11-18-03)
heard in person or by counsel, and the right to
cross-examine witnesses. Cross-examination shall ARTICLE H. RESIDENTIAL DENSITIES
be confined as closely as possible to the scope of
direct testimony. The city council reserves the Sec. 115-14. Purpose and intent.
right to call and question witnesses or request
additional evidence as they deem necessary and (a) The city council recognizes that there are
appropriate. a number of residential condominium,townhouse
and other multi-family/apartment development
To that end,if during the hearing the city council projects existing within the City of Cape Canaveral
believes that any facts, claims, or allegations on January 1, 2016 that have approved and
necessitate review and response by either the permitted residential densities greater than the
applicant,city staff,or both,then the city council maximum residential densities authorized by
may continue the hearing until a date certain. the current comprehensive plan of the city.
The city council shall decide all questions of (b) This article is adopted pursuant to the
procedure and standing. city's comprehensive plan, Future Land Use
(g) The city council shall approve or deny in Element, POLICY LU 1.3.4, for purposes of
providing certainty and predictability in the use
whole or in part the claims of the applicant. and conveyance of land and interests therein,
Such decision shall be rendered in writing within and protecting private property rights, of exist-
14 calendar days after the hearing concludes. ing and completed residential condominium and
The decision of the city council shall contain townhouse projects existing on January 1, 2016.
findings of fact and conclusions of law, and shall
provide the legal description of the property to (c) This article shall provide the procedure
Le"' which it applies. It may contain reasonable and terms and conditions under which the city
conditions necessary to effect the purposes of council will determine whether to grant and
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§ 115-14 CAPE CANAVERAL CODE
issue a vested rights certificate vesting the Other multi-family/apartment development
residential densities of a completed residential project means a multi-family residential develop-
condominium and townhouse projects existing ment consisting of one or more buildings with
on January 1, 2016. two or more single-family dwelling units, any of
which are intended for use as a private temporary
(d) In addition, this article shall also provide residence,which are typically rented to a person(s)
a procedure and terms and conditions under as an apartment,not including condominiums or
which the city council may, in certain limited townhouses or units that are intended primarily
cases authorized herein for redevelopment for commercial or industrial use.
projects,grant and issue a vested rights certificate
vesting the residential densities of other multi- Residential condominium project means a
family/apartment development projects existing condominium consisting of two or more dwelling
on January 1, 2016. units, any of which are intended for use as a
private temporary or permanent residence,except
(e) Any vested rights certificate granted and that a condominium is not a residential
issued by the city council pursuant to this article condominium if the use for which the units are
shall vest the residential density of the subject intended is primarily commercial or industrial.
project regarding any other provision of the city's
comprehensive plan, land development regula Residential townhouse project means one or
tions or Code which the project would otherwise more buildings consisting of two or more single-
appear to be inconsistent. family dwelling units not exceeding three stories
(Ord. No. 06 2017, § 2, 6-20-17) in height which is constructed in a series or
group of attached units with property lines
separating such units. Each townhouse shall be
Sec. 115-15. Definitions. considered a separate building and shall be
The following words,terms and phrases,when separated from adjoining townhouses by the use
used in this article, shall have the meanings of separate exterior walls meeting the require-
ascribed to them in this section, except where ments for zero clearance from property lines as
the context clearly indicates a different meaning: required by the type of construction and fire
protection requirements; or shall be separated
Comprehensive plan shall mean the by a party wall. Each townhouse unit shall have
Comprehensive Plan for the City of Cape a separate unit owner.
Canaveral, in accordance with the Community Unit owner or owner of a unit means a record
Planning Act (F.S. § 163.3161 et seq.), as such owner of legal title to a condominium or townhouse
plan may be amended from time to time. unit.
Condominium means that form of ownership (Ord. No. 06 2017, § 2, 6-20-17)
of real property created pursuant to F.S. ch. 718, Sec. 115-16. Residential condominium or
which is comprised entirely of units that may be
owned by one or more persons, and in which townhouse projects.
there is, appurtenant to each unit, an undivided (a) No later than 120 days from the effective
share in common elements. date of Ordinance No. 06-2017,the city manager
shall present to the city council a written catalog
Density means the number of permitted and of existing residential condominium or townhouse
allowed dwelling units within an existing develop- projects located within the City that have a
ment project/parcel, calculated in units per acre. residential density greater than the maximum
Existing residential condominium or townhouse density allowed under comprehensive plan,Future
project shall mean a residential condominium or Land Use Element,POLICY LU 1.3.3. The catalog
townhouse project lawfully permitted within the shall contain the following information regard
City of Cape Canaveral that is existing on
ing each project:
January 1, 2016. (1) The name of the project;
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(ttigie VESTED RIGHTS § 115-16
(2) The street address of the project; ing under this article. The resolution shall be in
(3) A current photograph of the project a form approved by the city attorney consistent
inclusive of all existing buildings; with the intent and purpose of this article.
(4) The legal description for the property/ (d) The proposed resolution shall be considered
parcel; for adoption by the city council at a public
hearing. At least ten days prior to the public
(5) The number of acres of the project/ hearing, the city manager shall publicly notice
parcel; the resolution and public hearing in a newspaper
(6) The number of residential condominium of general circulation. The notice shall contain,
or townhouse units and each unit number; at a minimum, the resolution title, a list of
residential condominium or townhouse projects
(7) The density of the project stated in units that are subject to the resolution and the date,
per acre; time and location of the public hearing. In
(8) The name and address of the condominium addition, the city manager shall provide written
or homeowners'association including the notice of the resolution and public hearing to the
contact person and/or management applicable condominium or homeowners'associa-
tion.
company;
(9) The name and address of each unit owner (e) At the public hearing, the city council
of the project; shall accept testimony and evidence and consider
the resolution prepared by the city attorney.
(10) A statement providing the factual basis Upon the conclusion of the public hearing, the
(hire upon which the city manager believes city council shall deliberate and either approve,
that the project's residential density approve with modifications and/or conditions, or
should be vested pursuant to this article; reject the resolution.
(11) Any supporting information, including (f) If the city council approves the resolution,
development orders and permits, the city manager shall have 90 days to prepare a
contracts, letters, appraisals, reports or vested rights certificate for each residential
any other documents, items or things condominium or townhouse project approved for
upon which the city manager believes is vesting of residential density under the resolu-
necessary to demonstrate that a tion. The certificate shall be in a form approved
residential project should be vested pursu- by the city attorney to allow the residential
ant to this article, if necessary; and condominium or townhouse project's existing
(12) Any other information reasonably required residential density to be vested and remain at or
by the city council. below the existing residential density for so long
as the subject property remains in a condominium
(b) Upon review of the catalog presented by or townhouse form of ownership, as the case may
the city manager in accordance with subsection be, notwithstanding any provision of the city's
(a), the city council shall issue a preliminary comprehensive plan or land development regula-
determination as to which residential projects tions with which the residential density would
listed in the catalog should have their residential otherwise appear to be inconsistent. Each
density finally considered by the city council, at completed certificate shall be executed by the
an advertised public hearing, for vesting pursu- mayor and the mayor's signature shall be attested
ant to this article. to by the city clerk, who shall also emboss the
certificate with the city seal.
(c) Upon issuing the preliminary determina-
tion, the city attorney shall prepare a resolution (g) Vested rights certificates approved and
proposing to vest the residential density of the executed in accordance with this article shall be
(610, residential projects which were preliminarily recorded by the city clerk in the Official Public
determined by the city council to warrant vest- Records of Brevard County, Florida. Upon being
Supp. No. 26 CD115:9
§ 115-16 CAPE CANAVERAL CODE
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recorded, the recorded vested rights certificate property approved by the city. Rehabilitation
may be relied upon by the current and future and renovation of existing structures shall not be
owner(s) and mortgage holders of the subject eligible for vesting under this section.
property.
(c) The application shall be submitted for
(h) This section shall not be construed to vest consideration to the city manager and city council
a residential condominium or townhouse project in conjunction with at least a preliminary develop-
from any provision of the city's comprehensive ment permit application for the proposed
plan or land development regulations except for redevelopment project and shall include the
the existing residential density vested by the following minimum information:
city council as set forth in the resolution.
(1) The name of the existing project and
(i) Nothing in this section shall prohibit the proposed redevelopment project;
unit owner(s) of the residential condominium or
townhouse units to willfully and voluntarily (2) The street address of the project;
reduce the number of residential units on the (3) A current photograph of the existing
subject property or to dissolve and terminate the project inclusive of all existing buildings;
residential condominium or townhouse form of
ownership on the subject property. However,any (4) The legal description for the property/
reduction in the number of residential units parcel;
shall automatically reduce the number of vested (5) The number of acres of the project/
residential units permitted on the subject property parcel;
by the actual number of units reduced. In addi-
tion, the dissolution or termination of the (6) The number of residential multi-family
condominium or townhouse form of ownership dwelling units and each unit number;
on the subject property shall automatically (7) The density of the existing project stated
terminate the vested right certificate, and upon
termination,the subject property shall be required in units per acre;
to thereafter be in compliance with the existing (8) The density bonus requested for the new,
residential density allowed under the major residential and/or mixed use
comprehensive plan. redevelopment project;
(Ord. No. 06-2017, § 2, 6-20-17)
(9) The name and address of the owner of
Sec. 115-17. Other multi-family/apartment the project and/or developer including
development projects. the contact person for each entity or
person;
(a) It is the intent and purpose of this section
to provide a redevelopment incentive for proper- (10) At a minimum, a conceptual redevelop
ties with existing multi-family/apartment projects ment site plan, drawn to scale and
by providing a possible vested density bonus in prepared by a licensed and duly qualified
excess of the maximum residential density permit- engineer or architect. Said plan shall
ted under the current comprehensive plan for also include a comprehensive set of
new development (15 dwelling units per acre). proposed building elevations, in color, of
all proposed buildings and substantial
(b) In furtherance of this incentive, an owner hardscape amenities. In addition, said
of a multi-family/apartment development project plan shall include a proposed construc-
existing on January 1, 2016 may apply for a tion schedule including any applicable
vested rights certificate vesting the current demolition and building plan and an
residential density on the subject property in estimated construction budget for all
conjunction with, and conditioned upon the anticipated new capital in building
permitting of, a new, major residential and/or improvements and taxable personal
mixed use redevelopment project on the subject property;
',gm)
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VESTED RIGHTS § 115-17
(11) Any supporting information, including density equal to or less than 100%of the preexist-
development orders and permits, stud- ing residential density. After five years but no
ies, contracts, letters, appraisals, reports more than ten years from the effective date, the
or any other documents, items or things maximum residential density shall not exceed 15
upon which the owner and/or developer dwelling units per acre or 75% of the preexisting
believes is necessary to demonstrate that residential density, whichever is greater. After
the existing residential densities on the ten years,the maximum residential density shall
subject property should be vested pursu- not exceed 15 dwelling units per acre or 50% of
ant to this article in conjunction with the the preexisting residential density, whichever is
completion of a new, major residential greater.
and/or mixed use project; and
(g) This section shall not be construed to vest
(12) Any other information reasonably required a new, major residential and/or mixed use
by the city manager and city council. redevelopment project from any provision of the
city's comprehensive plan or land development
(d) Upon receipt of a completed application, regulations except for the existing residential
the application for vesting shall be processed density vested by the city council as set forth in
simultaneously with the underlying develop- the development agreement.
ment permit application for the proposed new, (Ord. No. 06-2017, § 2, 6-20-17)
major residential and/or mixed use redevelop-
ment project through the applicable city land
development review process,provided said project
shall be subject to the approval of a development
agreement by the city council. The development
agreement shall be subject to negotiation by the
city and the owner/developer and shall contain
the required terms and conditions of the project
and the residential densities vested by the city
under this section. In all cases, the residential
density vested rights granted under this section
shall only vest at such time the residential units
are constructed and a certificate of occupancy is
issued. The development agreement shall be
executed by the subject property owner and the
mayor and the mayor's signature shall be attested
to by the city clerk, who shall also emboss the
certificate with the city seal.
(e) The development agreement approved and
executed in accordance with this section shall be
recorded by the city clerk in the Official Public
Records of Brevard County,Florida. Upon recorda-
tion,the agreement and the residential densities
vested under the agreement may be relied upon
by the current and future owner(s)and mortgage
holders of the subject property.
(f) If the completed application is filed with
the city within five years from the effective date
of Ordinance No. 06-2017 (July 21, 2017), the
new,major residential and/or mixed use redevelop-
ment project may have a maximum residential
Supp. No. 26 CD115:11
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Lase APPENDIX B-SCHEDULE OF FEES
Printed herein are the fees, rates and charges established by resolution of the city council.
Subpart A. General Ordinances
Chapter 2. Administration
Article V Finance
Impact Fees
Amount
Nonresidential
Residential (per square Code
(per ERU) foot) Section
(a) Parks and recreation $151.55 $ 0.00 2-233
(b) Library 80.03 0.00 2-233
(c) General government 105.71 0.148 2-233
(d) Police 128.29 0.116 2-233
Amount
Equivalency Nonresidential
Factor Residential Nonresidential (per 1,000 Code
(2) (per unit) (per square foot) square feet) Section
(e) Fire and rescue impact fee by
land use: 2-233
(1) Residential:Base residential
equivalent $1.00
a. Single-family detached 1.00 $74.39
b. Multi-family 0.80 59.50
c. Mobile home 0.80 59.50
d. Hotel/motel 0.30 22.51
(2) Nonresidential: Base
nonresidential equivalent 1.00
a. Industrial/warehouse 0.18 $0.02 $19.23
b. General office 0.17 0.019 18.17
c. Retail:
1. Under 100,000
square feet 1.00 0.107 106.83
2. 100,001 to 299,999
square feet 0.95 0.102 101.49
3. 300,000 square feet
and over 2.10 0.225 224.33
Lime, d. Recreation 0.08 5.95 per acre
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Amount
Equivalency Nonresidential
Factor Residential Nonresidential (per 1,000 Code
(2) (per unit) (per square foot) square feet) Section
e. Civic center 1.60 0.171 170.93
f. Schools 0.08 5.95 per student
(f) Aerial fire truck impact fee by
land use type: 2-233
(1) Residential:Base residential
equivalent
a. Single-family detached,
over 2 stories 1.00 $211.56
b. Multi-family, over 2
stories 0.80 169.25
c. Mobile home, over 2
stories 0.80 169.25
d. Hotel/motel, over 2
stories 0.30 63.47
(2) Nonresidential: Base
nonresidential equivalent
a. Industrial/warehouse,
over 25,000 square feet
or 25 feet in height 0.18 $0.055 $54.69
b. General office, over
50,000 square feet or
25 feet in height 0.17 0.052 51.66
c. Retail, over 50,000
square feet or 25 feet
in height:
1. Under 100,000
square feet 1.00 0.304 303.85
2. 100,001 to 299,999
square feet 0.95 0.289 288.64
3. 300,000 square feet
and over 2.10 0.639 638.06
d. Recreation Not applicable
e. Civic center,over 50,000
square feet or 25 feet
in height 1.60 0.487 486.15
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APPENDIX B—SCHEDULE OF FEES
Amount
Equivalency Nonresidential
Factor Residential Nonresidential (per 1,000 Code
(2) (per unit) (per square foot) square feet) Section
f. Schools, over 50,000
square feet or 25 feet
in height 0.08 16.93
Article VI. Code Enforcement
Code
Amount Section
(a) Code Enforcement Compliance Letter 50.00
(11.00"
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APPENDIX B-SCHEDULE OF FEES
Sanitary Sewer Drainage Fixture Units (D.F U.)
Load No. of Load
Factor Types Factor
Fixture Type A x B = C
Automatic clothes washers, commercial (a, g) 3.00
Automatic clothes washers, residential (g) 2.00
Bathroom group (<_1.6 gpf water closet, toilet, sink, tub 5.00
and shower) (f; h)
Bathroom group (>1.6 gpf water closet, toilet, sink, tub 6.00
and shower) (f h)
Bathtub (with or without overhead shower or whirlpool 2.00
attachments) (b)
Bidet 1.00
Combination sink and tray 2.00
Dental lavatory (bathroom sink) 1.00
Dental unit or cuspidor 1.00
Dishwashing machine (domestic) (c) 2.00
Drinking fountain 0.50
Emergency floor drains 0.00
Floor drains (d) 2.00
Kitchen sink, domestic 2.00
cre Kitchen sink, domestic with food waste grinder 2.00
Laundry tray (1 or 2 compartments) 2.00
Lavatory (bathroom sink) 1.00
Shower 2.00
Service sink 2.00
Sink 2.00
Urinal 4.00
Urinal, <1 gpf(e) 2.00
Urinal, non water supplies (e) 0.50
Wash sink (circular or multiple) each set of faucets 2.00
Water closet, flushometer tank, public or private (toilet 4.00
only) (e)
Water closet, private (1.6 gpf, toilet only) (e) 3.00
Water closet, private (>1.6 gpf, toilet only) (e) 4.00
Water closet, public (1.6 gpf, toilet only) (e) 4.00
Water closet, public (>1.6 gpf, toilet only) (e) 6.00
Total
D.F.U. Formula
Total Load Factor: x 15 = GPD
GPD/240 = ERUs
ERUs x $1,348.80 =
* Sanitary Sewer Impact Fee shall be the greater of 1 ERU or the amount calculated based upon above data.
* gpf=gallon per flushing cycle.
(a) For traps larger than 3",use Table 709.2 of the Florida Plumbing Code adopted by City Code section 82-31.
(b) A showerhead over a bathtub or whirlpool bathtub attachment does not increase the drainage fixture unit value.
Supp. No. 26 CDB:11
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(c) See Sections 709.2 through 709.4 of the Florida Plumbing Code adopted by City Code section 82-31 for methods of
computing unit value of fixtures not listed in this table or for rating of devices with intermittent flows.
(d) See Sections 709.4 and 704.4 of the Florida Plumbing Code adopted by City Code section 82-31.
(e) For the purpose of computing loads on building drains and sewers,water closets and urinals shall not be rated at
a lower drainage fixture unit unless the lower values are confirmed by testing.
(0 For fixtures added to a dwelling unit bathroom group, add the DFU value of those additional fixtures to the
bathroom group fixture count.
(g) See Section 406.3 of the Florida Plumbing Code adopted by City Code section 82-31 for sizing requirements for
fixture drain, branch drain, and drainage stack for automatic clothes washer standpipe.
(h) Bathroom group is defined in Section 202 of the Florida Plumbing Code adopted by City Code section 82-31.
Sanitary Sewer Impact Fee By Flow Basis
Flow Basis
This method requires that the applicant provide the property's average daily gpd of sewer flow
to determine the appropriate Sanitary Sewer Impact Fee amount. This method provides that
the property's requested average daily gpd of sewer flow capacity is: 1) divided by the LOS
criteria of 240 gpd/ERU; 2) rounding the ERUs to the nearest tenth; and 3) multiply the
rounded ERUs by the Sanitary Sewer Impact Fee per ERU.
Flow Basis Formula
Avg. Daily Sewer Flow (ADSF):
ADSF/240 gpd per ERU =
Round to nearest tenth = x Sanitary Sewer Impact Fee per ERU =
Code
Amount Section
Article III. Service Rates, Deposits and Billing Procedures
(a) Deposit for sewer and garbage and trash collection: 78-151
(1) Residential 65.00
(2) Industrial/commercial 200.00
(b) Schedule of fees.
Description
(1) Residential:
A. Single-family: Individually metered detached residential dwelling units, town homes and
individually metered mobile homes.
B. Multifamily: Individually or master metered attached residential dwelling units, and
master metered mobile homes.
(2) Public building connections:Any individual connection held, used or controlled exclusively for
public purposes by any department or branch of government, state, county or municipal,
without reference to the ownership of the building or of the realty upon which it is situated.
(3) Commercial: Any building used for commercial, nonresidential purposes.
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APPENDIX B-SCHEDULE OF FEES
(4) 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, Multi-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) Schedule of Rates:
2016/17 2017/18 2018/19 2019/20 2020/21
Customer Charge per Bill
All Classes $2.03 $2.09 $2.15 $2.21 $2.27
Readiness to Serve Charge
per ERU
Single Family $17.33 $17.77 $18.22 $18.68 $19.15
Commercial $21.68 $22.23 $22.79 $23.36 $23.95
Public Buildings $17.33 $17.77 $18.22 $18.68 $19.15
Usage Rate per 1,000 gal.
Single Family $5.64 $5.79 $5.94 $6.09 $6.25
Commercial $7.04 $7.22 $7.41 $7.60 $7.79
Public Buildings $5.64 $5.79 $5.94 $6.09 $6.25
Sewer Flat Rate
Multi-Family $29.70 $30.45 $31.22 $32.01 $32.82
(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
property owner
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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
2016/17 2017/18 2018/19 2019/20 2020/21
All Customer Classes' $7.34 $7.53 $7.72 $7.92 $8.12
"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. 26 CDB:14
Ley, APPENDIX B—SCHEDULE OF FEES
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations
Code Section 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 $50.00
$501.00 to and including $1,000.00 $65.00
$1,001.00 to and including $2,000.00 $80.00
$2,001.00 to and including $20,000.00 $100.00 for the first $2,000.00 and $5.00 for
each additional $1,000.00 or fraction thereof
to and including $20,000.00
$20,001.00 to $100,000.00 $175.00 for the first $20,000.00 and $5.00 for
each additional $1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to $500,000.00 $575.00 for the first$100,000.00 and$4.00 for
each additional $1,000.00 or fraction thereof
to and including $500,000
$500,001.00 and up $2,250.00 for the first $500,000.00 and $3.00
for each additional$1,000.00 or fraction thereof
The total valuation for assessment of permit fees for new structures shall be based upon the actual
construction contract price for the new structure(s), with satisfactory evidence of same being
submitted to the building official,or a construction cost estimate made by the building official,using
the latest valuation data published by the International Code Council(I.C.C.),whichever is greater,
except as otherwise provided in this section. In no case shall the valuation be less than that
determined by using the latest valuation data published by the I.C.C.
(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.
(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.
Supp. No. 26 CDB:15
CAPE CANAVERAL CODE
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
Non-Refundable Permit Processing Fee $30.00
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
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Supp. No. 26 CDB:16
(0100/ APPENDIX B—SCHEDULE OF FEES
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
cupe, (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
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Supp. No. 26 CDB:17
CAPE CANAVERAL CODE
Chapter 94. Signs
Code
Amount Section
(a) Permit fee shall be calculated on actual contract cost using
subsection (a) of Chapter 82 of Appendix B
(b) Reinspection fee 45.00 94-35
(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.
(d) Lot split 500.00 98-66
(e) Lot line adjustment 250.00 98-67
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 750.00 110-92
(b) Application for proposed amendment to chapter 250.00 110-92
(c) Application for a special exception or variance 750.00 110-92
(d) Application for appeal of administrative decision 250.00 110-92
Supp. No. 26 CDB:18
(Mr' APPENDIX B-SCHEDULE OF FEES
Code
Amount Section
(e) Site plans: 110-223
(1) Fee schedule. The fee schedule for site plan review shall
be:
a. One, two and three residential units 750.00
b. Four or more residential units 750.00
c. Commercial structures 750.00
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) Zoning Compliance Letter 50.00
(g) Application for Development Review Committee 250.00
(h) 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;
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,eff. 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;
Ord. No. 02-2017, § 2, 1-17-17;Res. No. 2017-15, § 2, 8-15-17;Res. No. 2017-08, § 2, 7-18-17;Res. No.
2017-09, § 2, 7-18-17)
Supp. No. 26 CDB:19
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(101100° CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
94-100
Added 94-121,94-122
110-592
110-651
Added 110-709
09-2014 9-16-14 2 110-1
Added 110-334(c)(18)
Added 110-351(c)(15),(16)
Added 110-383(c)15.
110-489
12-2014 1-20-15 2 22-43(b)
110-224
13-2014 10-21-14 2(Att. A) Added App. A,Art. VI,
§§ 1.0-30.0
3(Exh. A) Added App. A,Art. VI,
Exhs. A,B
15-2014 12-16-14 2 110-538(7),(10)
01-2015 1-20-15 2 102-36
102-40(b)(3)
02-2015 1-20-15 2 22-33
04-2015 3-17-15 2 62-1
Added 62-2
62-5(a)
62-6
62-8(b),(c)
iim/ 62-9(a)—(1)
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
LP"' 110-689
Supp. No. 26 CCT:27
CAPE CANAVERAL CODE
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
01-2017 1-17-17 2 Added 2-283(a)(17)
6-1
6-51(a)
Added 6-54
02-2017 1-17-17 2 App. B, Ch. 82
03-2017 2-21-17 2 Added 2-283(a)(18)
50-4(f)
04-2017 4-18-17 2 110-1
110-442(1)
Added 110-494
Added 110-671
3 80-82(a)
06-2017 6-20-17 2 Added 115-14-115-17
08-2017 7-18-17 2 98-1
98-3-98-5
Supp. No. 26 CCT:28
(11111110101 CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
98-31
98-45-98-47
98-60,98-61
98-66
Added 98-67
09-2017 7-18-17 2 Added 110-470(a)(7)
2017-08(Res.) 7-18-17 2 App. B, Ch. 78,Art.
IV
2017-09(Res.) 7-18-17 2 App. B, Ch. 78,Art.
III
11-2017 8-15-17 2 110-1
110-334(a)
110-343(a)
110-354(a)
110-489
12-2017 8-15-17 2 110-609
2017-15(Res.) 8-15-17 2 App. B,Ch. 2,Art.
VI
App. B, Ch. 82
App. B,Ch. 98
App. B,Ch. 110
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Supp. No. 26 CCT:29
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STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code, either in the text or notes
following the text,of references to the Florida Statutes.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 162.21(6) 2-287(e)
34.191 Ch. 50 162.22 10-92
ch. 50 2-288 ch. 163 22-50
50.041 2-288 58-56
50.051 2-288 110-37(a)
60.05 2-292 163.387 22-50
2-296 163.3161-163.3211 58-57
2-297 163.3161 et seq. 115-15
chs. 97-106 Ch. 26 163.3174 58-56
26-1 163.3178 82-93
100.181 2-26 163.3180(12) 86-22
101.657 26-5 86-26
ch. 106 Char. § 7.02 163.3180(16) 86-21
ch. 112,pt. III Char. § 7.01 163.3180(16)(b)1 86-23
112.061 2-300 163.3180(16)(e) 86-25
Lie 112.3135 Char.,§ 7.03 163.3220 86-2
112.3143 2-67 ch. 166 110-37
ch. 119 78-98 110-37(a)
119.011 2-116 166.021(1) App. A,Art. II
119.021 2-116 166.021(10) 2-300
161.041 82-85 166.04 110-137
161.053 Ch. 14,Art. III 166.041 1-11
90-77 10-87
161.055 90-55 110-137(e)
161.52 et seq. Ch. 82,Art. IV 166.101 Ch. 2,Art. V
161.54 90-79 166.101 et seq. Ch. 70
161.55(1)(d) 82-94 166.222 82-322
82-81 166.231 Ch. 70,Art. II
161.141 90-55 70-27
161.142 Ch. 14,Art. III 166.231(1)(b) 70-29
161.161 Ch. 14,Art. III 166.232 Ch. 70,Art. II
161.163 Ch. 14,Art. III 166.3164 115-1(7)
ch. 162 Ch. 2,Art. VI 167.22 App. A,Art. III, §8
2-256 ch. 170 90-192
2-258 ch. 177 Ch. 98
2-260 98-1
2-281 98-31
2-282 98-41
2-296 98-58
10-92 110-423
34-42 177.25 et seq. 110-222
82-400(f) ch. 192 et seq. Ch. 70
91-7 193.1142 22-50
102-37 ch. 194 102-36
162.05 2-257 203.012 70-26
Lie 162.09(3) 78-60 ch. 205 Ch. 70,Art. III
Supp. No. 26 SLT:1
CAPE CANAVERAL CODE
,.....)
F.S. Section F.S. Section
Section this Code Section this Code
70-83 ch. 459 110-489
205.043(2),(3) 70-81 459.0137 110-1
205.053 70-75 ch. 468 82-32
205.053(1) 70-74 82-148
70-76 ch. 470 62-1
205.053(2) 70-75 ch. 471 82-322
205.053(3) 70-75 471.003 82-322
206.9925 54-9 471.005 82-322
215.85 2-206 ch. 480 10-90
ch. 286 Ch. 2,Art. II,Div. ch. 481 82-322
3 482.1562(9) 92-2
286.0115 2-66 489.105 82-322
ch. 316 54-8 489.119 82-322
74-1 489.127 82-375
74-63 82-377
316.003 74-56.5 489.127(2) 82-379
316.008(1)(e) 54-8 489.127(5)(j) 82-384
316.194 74-56 489.127(5)(m) 82-380
316.195 34-34 489.129 82-322
316.293 Ch. 34,Art. V 489.131(3)(e) 70-85
316.1936 Ch. 6,Art. III,Div. 489.132(1) 82-375
2 82-377
316.1945 74-56 489.501 et seq. 30-26
Ch. 318 74-63 501.160 18-5
320.01 90-77 ch. 509 110-1
320.823 82-81 110-486
82-88 110-490.1
320.8249 90-88 ch. 515 110-582
Ch. 337 66-1 ch. 517 10-86
339.155 86-29 ch. 553 Ch. 82
366.02 90-50 82-321
370.12 Ch. 14,Art. III 553.36(12) 82-81
373.036 90-55 110-1
373.185(1)(b) 110-685 553.71 82-322
376.031 54-9 553.71(7) 82-322
380.04 86-2 553.73(5) 90-66
ch. 381 10-163 553.73(8) 82-400(e)
381.0065 90-55 553.73(10)(k) 90-50
381.0075 110-352 553.77 82-322
ch. 386,pt. I 10-62 553.79 2-286(0
402.302 110-1 82-322
ch. 403 78-275 553.79(7) 82-323
403.91 et seq. Ch. 106,Art. II 553.80 2-286(0
403.413 Ch. 34,Art. II 553.900 Ch. 82,Art. IX
403.415 Ch. 34,Art. V 556 App. A,Art. III,
403.702 et seq. Ch. 62 § 13.5
403.7046 62-4 ch. 561 6-52
403.801 et seq. 106-29 6-53
403.9337 92-14 10-108
403.9338 92-2 chs. 561-568 110-171(a)(2)
413.08 54-13 110-172
ch. 458 110-489 ch. 561 et seq. Ch. 6
458.3265 110-1 561.01 6-51
Supp. No. 26 SLT:2
(arie. STATE LAW REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
54-14 ch. 796 10-90
561.01(4)(a) 110-1 10-108
ch. 562 10-108 80-1
562.14 6-26.6-27 796.07 2-293
562.45 6-27 ch. 800 10-90
ch. 563 10-108 10-108
ch. 564 10-108 80-1
ch. 565 10-108 800.03 10-90
565.02(4) 110-171 806.111 10-86
565.03 110-341 ch. 810 80-1
570.02 92-2 810.09 54-15
581.091 110-684 ch. 812 80-1
585.001 54-13 812.019 2-293
604.50 90-50 ch. 817 80-1
ch. 633 Ch. 38 823.041 54-13
633.022 Ch. 38,Art. II 823.14 92-11
633.025 Ch. 38,Art. II, ch. 826 10-90
98-114(o) 10-108
633.025(1) 38-26 ch. 827 10-90
633.025(3) 38-28 10-108
658.98 2-206 839.13 1-13
ch. 705 34-180 843.01 54-25
705.101 et seq. Ch. 34,Art. VI ch. 847 10-90
Lie
ch. 718 78-276 10-169
110-404 847.013 10-90
110-723 847.0133 10-90
115-15 847.0134 10-101
760.34 36-4 ch. 849 10-200
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
Le, 80-1
Supp. No. 26 SLT:3
3
LimeCODE INDEX
Section Section
A ADVERTISING
ABANDONED PROPERTY Loudspeakers, sound amplifiers, etc., use
for
Additional remedies 34-179 Noises,enumeration of prohibited 34-153(3)
Code enforcement board hearing procedures Signs
Conduct 34-183(b) Land development code regulations ... 94-1 et seq.
Issuance,filing of board order 34-183(d) See:LAND DEVELOPMENT CODE
Setting date;notice 34-183(a)
Compliance with notice or order to remove; AFFIRMATION. See: OATH, AFFIRMA-
removal by city upon noncompliance 34-184 TION,SWEAR OR SWORN
Definitions 34-176
Disposition of property removed by city 34-186 AGENCIES OF CITY. See:DEPARTMENTS
Entry upon private property authorized34-177 AND OTHER AGENCIES OF CITY
Liability of owner for towing, storage
expenses;collection of lien on private AGENDA
property 34-188 City council 2-60
Notice to abate AGREEMENTS. See: CONTRACTS AND
Contents 34-182(b) AGREEMENTS
Insurance 34-182(a)
Notification of owner following removal by AIRCRAFT
city Litter dropping from aircraft 34-35
Contents of notice 34-185(c)
Documentation filed with state 34-185(e) ALARM SYSTEMS
Notice by publication 34-185(d) Appeals 30-33
Notice to owner 34-185(a) Application for permit;emergency notifica-
State,other official agencies,notice to34-185(b) tion; reporting changes in notifica-
Penalty 34-178 tion 30-28
Lie' Property abandoned or lost on public Audible sound systems 30-38
property 34-180 Automatic telephone direct dialing device;
Redemption prior to sale by city 34-187 digital alarm communicator system. 30-37
Signs and hazardous signs 94-62 Definitions 30-26
Storing, parking or leaving on private Disconnection 30-32
property 34-181 Failure to disconnect; unauthorized re-
Zoning; abandoned variance or special connection 30-34
exception 110-32 Fees charged;malfunction,false alarms.. 30-31
ACCESS Fees schedule in general. See: FEES
Franchise regulations in general. See: (Appendix B)
FRANCHISES(Appendix A) Issuance,permit;posting 30-29
Land development code regulations re Operations 30-39
zoning 110-26 et seq. Penalty;enforcement 30-35
See: LAND DEVELOPMENT CODE Permit(alarm)required;fee;renewal 30-27
Stormwater drainage Reconnection 30-36
Illicit discharge and connection Response to activation; owner response,
Suspension of MS4 access 78-407 false alarm,corrective action 30-30
ACCESSORY STRUCTURES ALCOHOLIC BEVERAGES
Land development code regulations re Adult entertainment
zoning 110-26 et seq. Establishments,operation of
See:LAND DEVELOPMENT CODE Hours of operation 6-26
Nudity on premises where served,
ACCIDENTS consumed or stored 6-27
Vehicles for hire Land development code regulations re
Report of accidents 80-88 zoning 110-26 et seq.
ACTIONS. See: SUITS, ACTIONS AND See: LAND DEVELOPMENT CODE
OTHER PROCEEDINGS Outdoor entertainment events
Permit; alcohol sales and consumption 10-62
ADULT ENTERTAINMENT ESTABLISH- Parks and recreation areas
MENTS. See: SEXUALLY ORIENTED Alcoholic beverages/tobacco products;
coieBUSINESSES, ADULT ENTERTAIN- gambling 54-14
MENT ESTABLISHMENTS Penalty 6-1
Supp. No. 26 CDi:1
CAPE CANAVERAL CODE
Section Section
ALCOHOLIC BEVERAGES(Cont'd.) ANNEXATIONS(Cont'd.)
Possession and consumption Land development code regulations re
Generally zoning 110-26 et seq.
Ocean beach 6-53 See: LAND DEVELOPMENT CODE
Parks and recreation areas 6-52
Penalties 6-54 ANNUAL BUDGET. See: BUDGET
Streets, alleys, sidewalks, and park- APPROPRIATIONS
ing areas 6-51 Certain ordinances not affected by Code . 1-10(a)(6)
Motor Vehicles
Definitions 6-66 ASSOCIATIONS
Exceptions 6-69 Persons;definitions and rules of construe-
Open containers prohibited 6-68 tion extended and applied to 1-2
Policy and intent 6-67 ATOMIC ENERGY USES
Vehicles for hire 80-87 Land development code regulations re
ALLEYS. See:STREETS,SIDEWALKS AND zoning 110-26 et seq.
OTHER PUBLIC WAYS See: LAND DEVELOPMENT CODE
AMUSEMENTS AND AMUSEMENT ATTORNEY. See: CITY ATTORNEY
PLACES AUDIO ALARMS. See:ALARM SYSTEMS
Outdoor entertainment events 10-46 et seq.
See: OUTDOOR ENTERTAINMENT AUTOMATED TELEPHONE ALARM
EVENTS SYSTEMS. See:ALARM SYSTEMS
Sexually oriented businesses, adult
entertainment establishments 10-86 et seq. AUTOMOBILES. See: MOTOR VEHICLES
Slot machines or devices 10-200 et seq. AND TRAFFIC
ANIMALS AND FOWL AWNINGS OR CANOPIES
Animal control officer 14-27 Signs
Beaches Land development code regulations ... 94-1 et seq.
Animals prohibited on 14-28 See: LAND DEVELOPMENT CODE
Bees and beehives prohibited 14-3
Bird sanctuary B
Designation of 14-2 BEACHES
County animal control ordinance Alcoholic beverage possession on Ocean
Adopted 14-26 beach 6-53
Animal control officer 14-27 Animals prohibited on beaches 14-28
Parks and beaches Dune parking prohibited 74-59
Animals prohibited on 14-28
Parks and recreation
Noises,enumeration of prohibited 34-153(5) Commercial beach vendor franchises.. 54-5
Outdoor entertainment events Recreational fires,generally 50-5
Permit;turtle protection 10-68 Sea turtles generally 14-51 et seq.
Parks See:ANIMALS AND FOWL
Animals prohibited in 14-28 Sleeping and camping in public areas and
Domestic and other animals 54-13 beaches 50-4
Penalty 14-1 Street excavations 66-61 et seq.
Sanctuary See: STREETS, SIDEWALKS AND
Sanctuary,designation of 14-2 OTHER PUBLIC WAYS
Sea turtles Wetlands protection 106-26 et seq.
Beach activities 14-58 See: LAND DEVELOPMENT CODE
Definitions 14-52
Enforcement and penalty 14-53 BEER. See:ALCOHOLIC BEVERAGES
Exemptions 14-54
Existing development 14-56 BEES AND BEEHIVES.See:ANIMALS AND
New development 14-55 FOWL
Publicly owned lighting 14-57 BIDS AND BIDDING
Purpose and scope 14-51 Bidders
ANNEXATIONS City bidders list 2-218(2)
Certain ordinances not affected by Code . 1-10(a)(13) Purchasing generally 2-216 et seq.
See: PURCHASES AND PURCHAS-
Franchise regulations in general. See: ING
FRANCHISES(Appendix A)
Supp. No. 26 CDi:2
LIle CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Required 94-31 Permit
Revocation of 94-34 Approval of plans and specifica-
Placement tions 98-73
Restrictions on 94-61 Issuance 98-75
Prohibited signs and sign features Master survey point 98-74
Flashing signs prohibited 94-6(d) Procedures 98-70
Obstruction of free ingress or egress 94-6(b) Required;penalty 98-69
Off-site signs 94-6(g) Review 98-72
Portable signs 94-6(e) Submission of construction plans
Public utility poles and trees, signs and specifications 98-71
on 94-6(a) Terms;revocation 98-76
Rights-of-way,signs on 94-6(c) Submission of data 98-81
Vehicles,signs on 94-6(f) Definitions 98-1
Projecting signs 94-79 Final plats
Purpose and scope 94-2 Construction of 98-70(2)
R-1 Low Density Residential District.. 94-96 Improvements
R-2 Medium Density Residential District 94-97 Boundary line survey 98-93
Design standards
R-3 Medium Density Residential District 94-98 Alleys 98-110
Severability 94-120 Blocks 98-106
Shopping center or multi-tenant center Bridges 98-116
in any district 94-100 Bulkheads or retainer walls 98-118
Temporary off-premises signs 94-81 Canal 98-117
Temporary on-premises signs 94-76 Easements 98-108
Traffic hazard,signs constituting 94-62(c) Lots 98-107
Variances 94-85 Potable water systems 98-112
(111' Viewpoint neutral 94-115 Public sites and open spaces 98-109
Wind pressure and dead load 94-9 Sanitary sewer system 98-113
Site plan Streets,roads and alleys
Wetlands protection development requir- Generally 98-114
ing 106-28 Technical specifications 98-115
Size limits Surface and storm drainage 98-111
Signs 94-64(g) Development and enforcement of
Solid waste provisions 98-86
Concurrency management Drainage 98-91
Generally 86-1 et seq. Elevation 98-88
See herein:Concurrency Manage- Final acceptance of work 98-94
ment Permanent markers 98-87
Stagnant water conditions Sewers 98-90
Configurations 90-166 Streets 98-92
Stormwater management Water supply 98-89
Generally 90-116 et seq. Permits
See herein:Floods Construction permits 98-69 et seq.
Streets See within this subheading:
Construction
Subdivisions Planning and zoning board
Design standards 98-114,98-115 Final plat
Improvements 98-92 Planning and zoning board and
Names 98-119 city council review; general
Subdivisions criteria for approval 98-61
Appeals and arbitrations 98-5 Powers of 98-3
Certificate of completion 98-83 Preliminary plats,review 98-46
City Plats and lot splits
Review of preliminary plan 98-45 Division of land;review and approval
Construction required;zoning 98-31
Certificate of completion Final plat
Issuance of 98-83 Application for approval 98-60
Inspection 98-80 Conformance to preliminary plat. 98-56
Cie Notification 98-82 Data required for final approval . 98-58
Supp. No. 26 CDi:21
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Documents required prior to Title; applicability; intent and
approval 98-59 purpose;tree bank 102-37
Planning and zoning board and Tree protection area signage
city council review; general (Appendix A)
criteria for approval 98-61 Tree replacement guidelines 102-43
Recording 98-62 Tree replacement standards 102-54
Lot line adjustments 98-67 Voluntary tree planting 102-47
Lot splits 98-66 Waivers; incentive program;
Preapplications administrative interpretation
Review procedures 98-36 appeals;incentive program.... 102-48
Preliminary plat Undesirable species, list of 102-45
City review 98-45 Unsafe building abatement code 82-56 et seq.
General criteria for approval 98-47 See herein: Buildings and Building
Information required 98-41 Regulations
Planning and zoning board Variances
procedures 98-46 Generally 94-85
Time limit 98-48 Stormwater management 90-121
Purpose 98-2 Subdivisions 98-4
Remedies 98-6 Variances, special exceptions, rezon-
Variance ings, administrative appeals 10-26 et seq.
Application 98-4(b) See herein: Zoning
Conditions 98-4(e) Vegetation
Hardship 98-4(a) Tree protection 102-26 et seq.
Prerequisites to granting 98-4(d) See herein:Tree Protection
Public hearing;notice 98-4(c) Vegetation buffers
Wetlands protection requiring subdivi- Stormwater management
sion plat 106-28 Native vegetation buffers 90-177
Surface and storm drainage Vehicles
Subdivision design standards 98-111 Signs on 94-6(f)
Surface water Vested rights
Channeled into sanitary sewer 90-170 Concurrency management 86-13
Temporary storage units 82-400 Viewpoint neutral 94-115
Traffic Water supply
Concurrency management Subdivision improvements 98-89
Generally 86-1 et seq. Wetlands protection
See herein:Concurrency Manage- Definitions 106-26
ment Development requiring site plan or
Signs constituting traffic hazards 94-62(c) subdivision plat 106-28
Tree protection Mitigation 106-31
Land clearing Permitted uses 106-29
Definitions 102-36 Prohibited uses 106-30
Development and construction Purpose and intent 106-27
Tree protection during; periodic Wind pressure and dead load
inspection 102-46 Signs 94-9
Enforcement and penalties 102-38 Zoning
Implementing division AlA Economic Opportunity Overlay
Rules and regulations and fees102-51 District
List of Administration
Desirable species and plants 102-52 General 110-605
Undesirable species 102-53 Intent 110-604
Minimum tree requirement 102-45 Nonconforming uses, structures
Open burning of natural cover 102-50 and buildings 110-608
Permits 102-39 Plan submittals 110-607
Criteria;exemptions;standards of Procedures for design compat-
review 102-40 ibility approvals 110-606
Prohibitions 102-44 Property containing both com-
Remedial action 102-49 mercial and residential
Special waiver provision 102-42 zoning district designations. 110-611
Specimen trees 102-41 Similar and compatible uses 110-610
Supp. No. 26 CDi:22
CODE INDEX
cre
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 Dimensions 110-494
Proportion 110-646 Generally 110-472
Rhythm 110-647 Offstreet parking 110-493
Roof lines 110-649 R-1 Low Density Residential District 110-278
Scale 110-645 R-2 Medium Density Residential
Similar and compatible design 110-642 District 110-298
Storefronts 110-652 R-3 Medium Density Residential
Utilities and stormwater manage- District 110-318
ment area screening 110-656 Accessories
Windows and transparency 110-651 Swimming pools 110-583
Boundary and organization 110-586 Accessory uses and structures
Definitions 110-592 C-1 Low Density Commercial District 110-333
Design principles 110-591 C-2 Commercial/Manufacturing
Goals 110-589 District 110-342
Introduction 110-585 Generally 110-468
Landscaping M-1 Light Industrial and Research
(lie Building landscaping 110-688 and Development District 110-353
Commercial site plan review 110-684 R-1 Low Density Residential District 110-273
Intent 110-683 R-2 Medium Density Residential
Project perimeter 110-687 District 110-293
Required screening for commercial R-3 Medium Density Residential
parking facilities 110-690 District 110-313
Screening between commercial or Residential planned unit develop-
industrial zoning districts or ments 110-439
uses and residential districts Administrative review
or uses 110-686 Appeal notice,hearing 110-29(b)
Surface parking lots 110-689 Authority 110-29(a)
Water efficient landscaping 110-685 Stay of proceedings 110-29(c)
Objectives 110-590 Alcoholic beverages
Parking Special exceptions for establish-
Dimensions 110-671 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
Building height 110-624 and Development District 110-356
(aioe Building orientation 110-623 R-1 Low Density Residential District 110-276
Supp. No. 26 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/Manufacturing
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
Accessory uses and structures 110-333 Swimming pools 110-581
Area and dimensions 110-336 Courts, minimum width of 110-473
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. 26 CDi:24
CODE INDEX
L.
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 Emergency pad-mounted generators110-484
District
Development plans Encroachments
Residential planned unit develop- Setbacks 110-328
ments 110-421 et seq. Fences,walls and hedges 110-470
See within this subheading: Floor area
L
Residential Planned Unit Residential planned unit develop-
Developmentsoi
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
11-2 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
Reconsideration of district boundary Visibility at 110-469
(we
changes 110-139 Interpretation of provisions 110-87
Supp. No. 26 CDi:25
CAPE CANAVERAL CODE
Section Section
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/ManufacturingPrincipal 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
Maximum use
Landscaping and screening between District 110-251
commercial or industrial zoning Medium density residential district
districts and residential zoning R-2 Medium Density Residential
districts 110-566 District 110-291 et seq.
M-1 Light Industrial and Research See within subheading: R-2
and Development District 110-358 Medium Density Residential
Length of structures District
Residential planned unit develop- R-3 Medium Density Residential
ments,maximum 110-440 District 110-311 et seq.
Light industrial districts See within subheading: R-3
M-1 Light Industrial and Research Medium Density Residential
and Development District 110-351 et seq. 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
Mobile home parks and single-family
ment,boats and boat trailers110-551 mobile home districts 110-192
Spaces Nonconforming lots of record 110-196
Offstreet parking 110-492 Nonconforming uses of structures or
Swimming pools 110-581 of structures and premises in
Lots combination;change of use.... 110-195
Area Repairs and maintenance 110-198
District 110-251 Special permit 110-200
Residential planned unit develop- Temporary uses 110-199
ments 110-439 Number of spaces
Erection of more than one principal Offstreet parking 110-491
structure on 110-537 Official zoning map
Requirements for structures 110-255 Adopted 110-246
Low density commercial district Replacement 110-247
C-1 Low Density Commercial District 110-331 et seq. Offstreet loading
See within subheading: C-1 Low Location and dimensions of space110-507
Density Commercial District Requirements spaces 110-506
Low density residential district Offstreet parking
R-1 Low Residential District 110-271 et seq. Access 110-493
See within subheading: R-1 Low C-1 Low Density Commercial District 110-339
Density Residential District
Supp. No. 26 CDi:26
Le, CODE INDEX
Section Section
SOLID WASTE STATE(Cont'd.)
City Vehicles for hire
Authority to collect 62-3 Application of provisions to vehicle,
Ownership by city 62-4 operator regulator by state govern-
Complaint procedure 62-6 ment 80-2
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE STORAGE
Containers Abandoned vehicles on private property.. 34-181
Required 62-8 Fireworks
Definitions 62-1 Private use,storage,display prohibited;
Fees schedule in general. See: FEES public displays authorized by
(Appendix B) permit only 38-82
Franchise regulations in general. See: Storage of materials 38-87
FRANCHISES(Appendix A) Temporary storage units 82-400
Ownership by city 62-4
Procedures for violations 62-2 STORMWATER DRAINAGE
Proper disposal prerequisite to collection62-10 Certain ordinances not affected by Code . 1-10(a)(17)
Public nuisances prohibited Construction site stormwater runoff control 90-200 et seq.
Dead plants,refuse,debris See: CONSTRUCTION
Yards,etc.,to be kept free of 34-122 Illicit discharge and connection
Regulations on file 62-12 Applicability 78-403
Residential solid waste pickup conditions Authorized enforcement agency 78-401
Bulk trash 62-9(g) Definitions 78-402
E-waste 62-9(h) Discharge prohibitions 78-406
Location of solid waste containers 62-9(f) Enforcement 78-413
Pickup 62-9(e) Industrial or construction activity
Recyclable material 62-9(b) discharges 78-408
Live Separation of solid waste 62-9(a) Monitoring of discharges 78-409
Solid waste 62-9(d) Notification of spills 78-412
Yard waste 62 9(c) Requirements to prevent, control, and
Sanitary sewer system 78-26 et seq. reduce stormwater pollutants by
See: SEWERS AND SEWAGE the use of BMPs 78-410
DISPOSAL Responsibility for administration 78-404
Schedule of fees 62-5 Short title: purpose and objectives .... 78-400
Transporting 62-7 Suspension of MS4 access 78-407
Tree protection,land clearing 102-36 et seq. Ultimate responsibility 78-405
See:LAND DEVELOPMENT CODE Watercourse protection 78-411
Unlawful acts Stormwater drainage utility
Burning or burying of solid waste 62-11(c) Creation 78-275
Container of another 62-11(b) Definitions,construction 78-277
Hazardous waste 62-11(f) Determination of ERUs 78-301
Obstruction 62-11(a) Fee, stormwater 78-300
Unlawful accumulations 62-11(d) Findings,determinations,powers 78-276
Unlawful disposal 62-11(e) Operating budget 78-278
Program responsibility 78-325
SOUND AMPLIFIERS Stormwater management utility
Noises,enumeration of prohibited 34-153(3) enterprise fund 78-326
Subdivisions
STATE Land development code regulations 98-1 et seq.
Abandoned property See:LAND DEVELOPMENT CODE
Notification of owner;following removal
by city STORMWATER MANAGEMENT
Documentation filed with state 34-185(e) Fees schedule in general. See: FEES
Definitions and rules of construction 1-2 (Appendix B)
Election code adopted 26-1 Sanitary sewer system 78-26 et seq.
Law See: SEWERS AND SEWAGE
City attorney DISPOSAL
Duties 2-126(3) Street excavations 66-61 et seq.
(NW Misdemeanor acts adopted,penalty 50-1 See: STREETS, SIDEWALKS AND
Parking,state law adopted 74-56 OTHER PUBLIC WAYS
Supp. No. 26 CDi:41
CAPE CANAVERAL CODE
j
Section Section
STORMWATER MANAGEMENT(Cont'd.) STREETS, SIDEWALKS AND OTHER
Wetlands protection 106-26 et seq. PUBLIC WAYS(Cont'd.)
See:LAND DEVELOPMENT CODE Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STREETS, SIDEWALKS AND OTHER STANDARDS
PUBLIC WAYS Public service tax generally 70-26 et seq.
Alcoholic beverages See: TAXATION
Possession and consumption 6-51 Right-of-way
Beach end streets Use agreements 66-1
Camping prohibited 50-4 Camping prohibited 50-4
Certain ordinances not affected by Code . 1-10(a)(5) Signs
Concurrency management system 86-1 et seq. Land development code regulations ... 94-1 et seq.
See: MOTOR VEHICLES AND TRAF- See: LAND DEVELOPMENT CODE
FIC Solicitors,peddlers and itinerant merchants 16-26 et seq.
Excavations See: PEDDLERS, CANVASSERS AND
City SOLICITORS
Authority of city 66-64 Solid waste generally 62-1 et seq.
Right to restore surface 66-69 See: SOLID WASTE
Cleanup 66-68 Transporting regulations 62-7
Emergencies 66-70 Street lights
Engineering details 66-66 Sea turtle regulations 14-57
Guarantee 66-67 Streets
Inspections 66-63 Abandonment
Liability of city 66-62 Authority 66-36
Method of installation 66-65 Ordinance required 66-39
Penalty 66-61 Petition
Permit For action 66-37
Application 66-82 Procedure 66-38
Deposits 66-84 Civil liability for damage 66-26
Fee 66-83 Speed bumps 66-27
Inspections 66-85 Subdivisions
Required 66-81 Land development code regulations ... 98-1 et seq.
Fire lanes,designation of 74-62 See:LAND DEVELOPMENT CODE
Franchise agreements 66-1 Traffic
Franchise regulations in general. See: Certain ordinances not affected by Code 1-10(a)(8)
FRANCHISES(Appendix A) Travel on other than streets or highways 74-1
Grades Tree protection,land clearing 102-36 et seq.
Certain ordinances not affected by Code 1-10(a)(10) See:LAND DEVELOPMENT CODE
Handbills Trucks generally 74-26 et seq.
Throwing or distributing in public places 34-51 See: MOTOR VEHICLES AND TRAF-
Impact fees generally 2-231 et seq. FIC
See: IMPACT FEES Weeds and vegetation 34-121 et seq.
Land development code regulations re See: WEEDS AND DEAD VEGETA-
zoning 110-26 et seq. TION
See: LAND DEVELOPMENT CODE Wetlands protection 106-26 et seq.
Lighting 34-206 et seq. See: LAND DEVELOPMENT CODE
See: LIGHTING Yelling,shouting,hooting,whistling,sing-
Litter 34-26 et seq. ing
See:LITTER
Local planning agency 58-56 et seq. SUBDIVISIONS
See:PLANNING AND DEVELOPMENT Construction
Noise Inspections;certificate of completion
Enumeration of prohibited 34-153(4) Inspections 98-80
Open containers Issuance of certificate of completion 98-83
Prohibited in motor vehicles 6-68 Notification 98-82
Outdoor entertainment events Submission of data 98-81
Permit; closure or gating of public Permit
property and streets 10-64 Approval of plans and specifications 98-73
Parks and recreation areas 54-1 et seq. Issuance 98-75
See:PARKS AND RECREATION Master survey point 98-74
Supp. No. 26 CDi:42
CODE INDEX
IhiliMire
Section Section
SUBDIVISIONS(Cont'd.) SUBDIVISIONS(Cont'd.)
Procedure 98-70 Water Supply 98-89
Construction after final plat Land development code
approval 98-70(2) Regulations re subdivisions 98-1 et seq.
Construction before final plat See:LAND DEVELOPMENT CODE
approval 98-70(1) Regulations re zoning 110-26 et seq.
Required;penalty 98-69 See:LAND DEVELOPMENT CODE
Review 98-72 Plats and lot splits
Submission of construction plans and Final plat
specifications 98-71 Application for approval 98-60
Term;revocation 98-76 Conformance to preliminary plat ... 98-56
Dedicating or accepting Data required for final approval.... 98-58
Certain ordinances not affected by Code 1-10(a)(12) Documents required prior to approval 98-59
Fees schedule in general. See: FEES
Planning and zoning board and city
(Appendix B)
council review;general criteria
Floodplain management 90-26 et seq. for approval 98-61
See:LAND DEVELOPMENT CODE Recording 98-62
General Generally
Appeals and arbitrations 98-5 Division of land;review and approval
Definitions 98-1
Powers of planning and zoning board98-3 required;zoning 98-31
Lot line adjustments 98-67
Purpose 98-2 Adjustment 98-67(a)
Remedies 98-6 Adjustment review and processing.. 98-67(b)
Variance 98-4 Application 98-67(b)(1)
Application 98-4(b)ConReview and criteria 98-67(b)(2)
Hardship 98-4(e) Recording 98-67(d)
Lie' Hardship 98-4(a)
Prerequisites to granting 98-4(d) Unity of title 98-67(c)
Public hearing;notice 98-4(c) Lot splits 98-66
Impact fees generally 2-231 et seq. Definition 98-66(a)
See: IMPACT FEES Lot split review and processing 98-66(b)
Improvements Application 98-66(b)(1)
Design standards City staff review 98-66(b)(2)
Alleys 98-110 Public hearing 98-66(b)(3)
Blocks 98-106 Review criteria 98-66(b)(4)
Bridges 98-117 Special notice for residential lot
Bulkheads or retainer walls 98-118 splits 98-66(b)(5)
Canals 98-117 Recording 98-66(c)
Easements 98-108 Restriction on additional lot split
Lots 98-107 minor plat 98-66(d)
Potable water systems 98-112 Preapplication
Public sites and open spaces • 98-109 Submittal and review procedures... 98-36
Same-Technical specifications 98-115 Preliminary plat
Sanitary sewer system 98-113 City review 98-45
Street names 98-119 General criteria for approval 98-47
Streets,roads and alleys-generally . 98-114 Information required 98-41
Surface and storm drainage 98-111 Planning and zoning board and city
Generally council review 98-46
Boundary line survery 98-93 Time limit 98-48
Closure 98-93(1) Public service tax generally 70-26 et seq.
Computations 98-93(3) See:TAXATION
Marking boundary lines 98-93(2) Purchasing
Development and enforcement of Prohibition against subdivisions 2-223
regulations 98-86 Sanitary sewer system 78-26 et seq.
Drainage 98-91 See: SEWERS AND SEWAGE
Elevation 98-88 DISPOSAL
Final acceptance of work 98-94 Street excavations 66-61 et seq.
Permanent markers 98-87 See: STREETS, SIDEWALKS AND
(1610.1 Sewers 98-90 OTHER PUBLIC WAYS
Streets 98-92 Wetlands protection 106-26 et seq.
Supp. No. 26 CDi:43
CAPE CANAVERAL CODE
'44411111)
Section Section
SUITS,ACTIONS AND OTHER PROCEED- TAXATION(Cont'd.)
INGS Penalty for failure to obtain or renew
Codes does not affect prior acts committed receipt 70-75
or done 1-8 Preservation,display of receipt 70-79
Effect of repeal of ordinances on suits or Rate schedule 70-89
proceedings pending 1-9(b) Receipt required; payment of tax
SURFACE DRAINAGE prerequisite to issuance 70-69
Receipt year;tax payment date;term of
Subdivisions receipt;proration of tax 70-74
Land development code regulations ... 98-1 et seq. Records of issued receipts 70-86
See:LAND DEVELOPMENT CODE Records of licensees 70-87
SURVEYS,MAPS AND PLATS Records of receipts 70-87
Amendment to zoning map Refunds 70-82
Certain ordinances not affected by Code 1-10(a)(9) Separate receipt required for each place
Dedicating or accepting of business 70-77
Certain ordinances not affected by Code 1-10(a)(12) Transfer of receipt 70-81
Franchise regulations in general. See: Violations and penalties 70-68
FRANCHISES(Appendix A) Local improvements
Planning and development Certain ordinances not affected by Code 1-10(a)(11)
Notice requirement for amendments to Outdoor entertainment events
future land use map 58-1 Local business tax receipt required.... 10-49
Subdivisions Public service tax
Land development code regulations 98-1 et seq. Applicability 70-28
See:LAND DEVELOPMENT CODE Appropriation of revenue 70-44
Truck routes,map of 74-31 Authority;findings 70-27
Collection 70-35
SWEAR OR SWORN.See:OATH,AFFIRMA- Computation 70-32
TION,SWEAR OR SWORN Continuance of tax and appropriation 70-45 1
fi
Denitions 70-26
SWIMMING POOLS Discontinuance of utilities service 70-39
Land development code regulations re Exemptions 70-30
zoning 110-26 et seq. Failure to pay tax
See: LAND DEVELOPMENT CODE Collected 70-38
Generally 70-42
T Levied 70-29
Monthly computation 70-34
TAXATION Payment 70-31
Certain ordinances not affected by Code . 1-10(a)(7) Payment of utilities service without
Fees schedule in general. See: FEES payment of tax 70-41
(Appendix B) Penalty 70-43
Franchise regulations in general. See: Purchase of utilities service
FRANCHISES(Appendix A) Generally 70-33
Local business tax Without collecting tax 70-37
Contractors and subcontractors Records 70-36
Special requirements for 70-85 Sale of utilities service without collec-
Definitions 70-66 tion of tax 70-40
Delinquencies 70-76 Sexually oriented businesses, adult
Duplicate,issuance of 70-80 entertainment establishments
Engaging in business Local business tax receipts/home occupa-
Evidence of engaging in business 70-72 tions 10-128
Without paying tax or making reports 70-71 Vehicles for hire
Exemptions 70-83 Licenses and fees to be in addition to
False statement in receipt application 70-73 other taxes and charges 80-3
Form, signing of receipts; report of TAXICABS. See:VEHICLES FOR HIRE
information 70-70
Insurance 70-84 TECHNICAL CODES
Levied 70-67 Building codes.See also:LAND DEVELOP-
Local business tax for businesses not MENT CODE
otherwise designated 70-88 Building code 82-31 et seq.
Multiple receipt 70-78 Coastal construction code 82-88 et seq.
Supp. No. 26 CDi:44
(141/000" CODE INDEX
Section Section
TECHNICAL CODES(Cont'd.) TREES AND SHRUBBERY
Property maintenance code 82-221 et seq. Fees schedule in general. See: FEES
Unsafe building abatement code 82-56 et seq. (Appendix B)
Fire prevention code 38-26 et seq. Impact fees generally 2-231 et seq.
See: FIRE PREVENTION See: IMPACT FEES
Florida Fire Prevention Code 38-26,38-27 Tree protection
Life Safety Code 38-28,38-29 Land clearing 102-36 et seq.
See:LAND DEVELOPMENT CODE
TELEGRAPH SERVICES Weeds and vegetation 34-121 et seq.
Public service tax generally 70-26 et seq. See: WEEDS AND DEAD VEGETA-
See:TAXATION TION
TELEPHONES TRUCKS
Automatic telephone direct dialing device; Load regulations re litter 34-34
digital alarm communicator system. 30-37 Parking 74-60
Traffic regulations 74-26 et seq.
TELEVISIONS See: MOTOR VEHICLES AND TRAF-
Noises,enumeration of prohibited 34-153(2) FIC
TENSE TURTLES
Definitions and rules of construction 1-2 Sea turtles 14-51 et seq.
TIME See:ANIMALS AND FOWL
Computation of time
Definitions and rules of construction.. 1-2 U
TOPOGRAPHY UNSAFE BUILDINGS
Property maintenance standards 34-91 et seq. Unsafe building abatement code 82-56 et seq.
See: PROPERTY MAINTENANCE Buildings and building regulations.See:
(tave STANDARDS LAND DEVELOPMENT CODE
Subdivisions
Land development code regulations ... 98-1 et seq. UTILITIES
See:LAND DEVELOPMENT CODE Floodplain management 90-26 et seq.
See:LAND DEVELOPMENT CODE
TORNADOS Franchise regulations in general. See:
Civil emergencies generally 18-1 et seq. FRANCHISES(Appendix A)
See: CIVIL EMERGENCIES Illicit discharge and connection 78-400 et seq.
See: STORMWATER DRAINAGE
TOWING Impact fees generally 2-231 et seq.
Abandoned property See: IMPACT FEES
Liability of owner for towing, storage Land development code regulations re
expenses 34-188 zoning 110-26 et seq.
TOWNHOUSES See: LAND DEVELOPMENT CODE
Land development code regulations re Public service tax generally 70-26 et seq.
zoning 110-26 et seq. See:TAXATION
See:LAND DEVELOPMENT CODE Reclaimed water 78-176 et seq.
See:WATER SUPPLY AND DISTRIBU-
TOXIC WASTE. See: SOLID WASTE TION
Sanitary sewer system 78-26 et seq.
TRADES See: SEWERS AND SEWAGE
Local business tax 70-66 et seq. DISPOSAL
See:TAXATION Service rate,deposits and billing procedures
Deposit required 78-151
TRAFFIC. See: MOTOR VEHICLES AND Monthly sewer rates 78-152
TRAFFIC Payment of sewer charges required78-153
TRASH. See: SOLID WASTE Sewer fees where owner has private
water supply 78-154
TRAVEL EXPENSES. See:OFFICERS AND Stormwater drainage utility 78-275 et seq.
EMPLOYEES Street excavations 66-61 et seq.
(111111100'
See: STREETS, SIDEWALKS AND
TREASURER. See:CITY TREASURER OTHER PUBLIC WAYS
Supp. No. 26 CDi:45
CAPE CANAVERAL CODE
Section Section
UTILITIES(Cont'd.) VEHICLES FOR HIRE(Cont'd.)
Wetlands protection 106-26 et seq. Substitution of equipment 80-76(g)
See:LAND DEVELOPMENT CODE Taximeters 80-76(f)
Vehicle type,capacity 80-76(b)
V Schedule rates and charges 80-77
Stands,depots,terminals and parking 80-82
VEGETATION. See: WEEDS AND DEAD
VEGETATION VESSELS. See: BOATS, DOCKS AND
WATERWAYS
VEHICLES FOR HIRE
Accidents VESTED RIGHTS
Report of 80-88 Application for vested rights determina-
Alcoholic beverages 80-87 tion 115-7
Certificate of public convenience and neces- Definitions 115-2
sity license Exhaustion of administrative remedies
Application 80-27 required 115-4
Approval 80-28 Issuance vested rights permit 115-12
Burden of proof 80-29 Judicial review 115-13
Required 80-26 Permit expiration;substantial deviations,
Suspension and revocation 80-31 etc 115-6
Transfer 80-32 Public hearing 115-11
Compliance with provisions 80-4 Purpose and intent 115-1
Cruising,soliciting business prohibited .. 80-83 Residential densities
Definitions 80-1 Definitions 115-15
Driver's attendance to vehicles 80-84 Other multi-family/apartment develop-
Driver's permit ment projects 115-17
Application 80-53 Purpose and intent 115-14
Fees 80-55 Residential condominium or townhouse
Fees schedule in general. See: FEES projects 115-16
(Appendix B) Review and recommendation by city
Investigation;issuance, denial;posting 80-54 attorney 115-8
Penalty 80-52 Standards for determining vested rights . 115-5
Required 80-51 Supplemental evidence 115-9
Surrender;revocation;suspension 80-57 Vested rights agreements 115-10
Transferability;term of validity 80-56 Vested rights permits,effect 115-3
Federal or state government
Application to vehicles, operators W
regulated by 80-2
Fees schedule in general. See: FEES WASTEWATER
(Appendix B) Sewer impact fees
Insurance 80-5 Excessive quantity of 78-123
Licenses and fees to be in addition to other
taxes and charges 80-3 WATER SUPPLY AND DISTRIBUTION
Lost money or property 80-86 Concurrency management 86-1 et seq.
Maintenance of records 80-85 See: LAND DEVELOPMENT CODE
Nonpaying passengers with paying pas- Floodplain management 90-26 et seq.
sengers,transporting of 80-80 See: LAND DEVELOPMENT CODE
Number of passengers carried 80-79 Impact fees generally 2-231 et seq.
Police radio calls, receiving prohibited; See: IMPACT FEES
radios which may be used 80-81 Public service tax generally 70-26 et seq.
Rates and charges See: TAXATION
Charging rates in excess of established Reclaimed water
rates 80-78 Connection to the system 78-177
Schedule of 80-77 Definitions 78-176
Report of accidents 80-88 Installation and inspection of the
Required equipment;standards reclaimed water system
Compliance 80-76(a) Adoption of Chapter 62-610,F.A.C.. 78-200
General mechanical condition; cleanli- Areas embraced 78-197
ness;lighting 80-76(c) Code enforcement board authority
Letters,numbers required 80-76(e) and violation liability 78-195
Mechanical inspection 80-76(d) Cross-connection control 78-198
Supp. No. 26 CDi:46
CODE INDEX
Section Section
WATER SUPPLY AND DISTRIBUTION YARDS AND OPEN SPACES(Cont'd.)
(Cont'd.) Weeds and vegetation 34-121 et seq.
Discontinuance of service 78-193 See: WEEDS AND DEAD VEGETA-
Inspections 78-192 TION
Policies and regulations adopted; YELLING
compliance required 78-191
Public employees liability 78-196 Noises,enumeration of prohibited 34-153(4)
Unauthorized use 78-199
Unlawful connections or practices 78-194 Z
Reclaimed water uses 78-178 ZONING. See also:LAND DEVELOPMENT
Right to refuse service 78-181 CODE
Usage rates 78-180 Amendments to map
Sanitary sewer system 78-26 et seq. Certain ordinances not affected by Code 1-10(a)(9)
See: SEWERS AND SEWAGE Fees schedule in general. See: FEES
DISPOSAL
Subdivisions (Appendix B)
Floodplain management 90-26 et seq.
Land development code regulations ... 98-1 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Land development code 110-1 et seq.
WATERWAYS, WATERCOURSES. See: See:LAND DEVELOPMENT CODE
BOATS,DOCKS AND WATERWAYS Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT
WEEDS AND DEAD VEGETATION Signs
Fees schedule in general. See: FEES Land development code regulations 94-1 et seq.
(Appendix B) See:LAND DEVELOPMENT CODE
Fertilizer land application Street excavations 66-61 et seq.
Management of grass clippings and See: STREETS, SIDEWALKS AND
vegetative matter 92-10 OTHER PUBLIC WAYS
(111101 Intent 34-121 Subdivisions
Notice to remedy nuisance 34-123 Land development code regulations ... 98-1 et seq.
Public nuisance prohibited 34-122 See:LAND DEVELOPMENT CODE
Records 34-127 Plats and lot splits
Remedies by city 34-126 Division of land;review and approval
Tree protection,land clearing 102-36 et seq. required;zoning 98-31
See: LAND DEVELOPMENT CODE Weeds and vegetation 34-121 et seq.
WETLANDS PROTECTION See: WEEDS AND DEAD VEGETA-
Specific regulations 106-26 et seq. TION
See:LAND DEVELOPMENT CODE Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
WHISKEY. See:ALCOHOLIC BEVERAGES
WHISTLING
Noises,enumeration of prohibited 34-153(4)
WINE. See:ALCOHOLIC BEVERAGES
WRITS, WARRANTS AND OTHER
PROCESSES
Code enforcement citations
Enter upon property (inspection war-
rant) 2-290
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Y
YARD WASTE. See: SOLID WASTE
YARDS AND OPEN SPACES
Subdivisions
(11111001 Land development code regulations 98-1 et seq.
See:LAND DEVELOPMENT CODE
Supp. No. 26 CDi:47
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