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Home My WebLink AboutSupplement 27 SUPPLEMENT NO.27 October 2018 CODE OF ORDINANCES City of CAPE CANAVERAL,FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 07-2018, adopted September 18,2018. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages xi—xix xi—xix Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:3 SH:3 CD2:6.1—CD2:14.2 CD2:7—CD2:14.2.1 CD70:1—CD70:4 CD70:1—CD70:4.1 CD82:7—CD82:10 CD82:7—CD82:10.1 CD 110:5, CD 110:6 CD 110:5, CD 110:6 CD 110:17—CD 110:18.3 CD 110:17—CD 110:18.3 CD 110:45, CD 110:46 CD 110:44.1—CD 110:45 CD 110:46.15—CD 110:46.17 CD 110:46.15—CD 110:46.18 CD 110:69—CD 110:74 CD 110:69—CD 110:74 CD110:83, CD110:84 CD110:83—CD110:84.1 CD 110:89—CD 110:90.1 CD 110:89—CD 110:90.1 CCT:29 CCT:29 SLT:1—SLT:3 SLT:1—SLT:3 CDi:27—CDi:32 CDi:27—CDi:32.1 CDi:43, CDi:44 CDi:43—CDi:44.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. INSTRUCTION SHEET—Cont'd. municode Municipal Code Corporation I P.O.Box 2235 Tallahassee,FL 32316 info@municode.com 1800.262.2633 www.municode.com 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. 27 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 CD 16:5 Supp. No. 27 xii TABLE OF CONTENTS—Cont'd. Chapter Page 17. Reserved CD17:1 18. Civil Emergencies CD18:1 19-21. Reserved CD19:1 22. Community Development CD22:1 Art. I. In General CD22:3 Art. II. Business and Economic Development Board CD22:3 Art. III. Community Appearance Review CD22:4 Art. IV Community Redevelopment CD22:9 23-25. Reserved CD23:1 26. Elections CD26:1 27-29. Reserved CD27:1 30. Emergency Services CD30:1 Art. I. In General CD30:3 Art. II. Alarm Systems CD30:3 31-33. Reserved CD31:1 34. Environment CD34:1 Art. I. In General CD34:3 Art. II. Litter CD34:3 Div. 1. Generally CD34:3 Div. 2. Handbills CD34:5 Div. 3. Reserved CD34:6 Art. III. Property Maintenance Standards CD34:6 Art. IV. Weeds and Dead Vegetation CD34:11 Art. V. Noise CD34:13 Art. VI. Abandoned Property CD34:14 Art. VII. Lights CD34:19 App. A. Diagram CD34:20 35. Reserved CD35:1 36. Fair Housing CD36:1 Art. I. In General CD36:3 Art. II. Discriminatory Practices CD36:6 37. Reserved CD37:1 38. Fire Prevention and Protection CD38:1 Art. I. In General CD38:3 Art. II. Fire Prevention Codes CD38:6 Art. III. Fire Department CD38:7 Art. IV. Fireworks CD38:8 Art. V. Hazardous Materials and Substances CD38:9 39. Reserved CD39:1 40. Human Relations CD40:1 Art. I. In General CD40:3 Supp. No. 27 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 11101 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. 27 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 4110 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. 27 xv CAPE CANAVERAL CODE Chapter Page Arts. XI—XIII. Reserved CD82:16 Art. XIV. Numbering of Buildings and Property CD82:16 Art. XV. Citations; Unlicensed Contractors; Failure to Obtain Building Permit CD82:17 Art. XVI. Temporary Storage Units CD82:19 83-85. Reserved CD83:1 86. Concurrency Management System CD86:1 Art. I. In General CD86:3 Art. II. Transportation Facility Proportionate Fair- Share Mitigation Program CD86:11 87-89. Reserved CD87:1 90. Floods CD90:1 Art. I. In General CD90:5 Art. II. Floodplain Management CD90:5 Div. 1. Administration CD90:5 Part A. General CD90:5 Part B. Applicability CD90:6 Part C. Duties and Powers of the Floodplain Administrator CD90:7 Part D. Permits CD90:9 Part E. Site Plans and Construction Docu- ments CD90:11 Part F. Inspections CD90:13 Part G. Variances and Appeals CD90:14 Part H. Violations CD90:16 Div. 2. Definitions CD90:16 Div. 3. Flood Resistant Development CD90:20 Part A. Buildings and Structures CD90:20 Part B. Subdivisions CD90:21 Part C. Site Improvements, Utilities and 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. 27 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 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 CD 110:11 Art. II. Procedure; Land Use Decisions CD110:18.3 Div. 1. Generally CD110:18.3 Div. 2. Rezonings CD110:22 Div. 3. Variances CD110:23 Supp. No. 27 %Vii 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 CD110:46.1711111 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 CD110:74.3 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. AAA Economic Opportunity Overlay District CD110:81 Div. 1. Generally CD110:81 Div. 2. Administration CD110:87 Div. 3. Site Planning CD110:90 Div. 4. Architectural Guidelines CD110:94 Div. 5. Parking CD110:100 Div. 6. Landscaping CD110:101 Div. 7. Signage CD110:102.2 Art. XI. Planned Developments CD110:102.5 Div. 1. Generally CD110:102.5 Div. 2. Planned Development Plans CD110:105 111-114. Reserved CD111:1 115. Vested Rights CD115:1 Art. I. In General CD115:3411 Supp. No. 27 xviii TABLE OF CONTENTS—Cont'd. Chapter Page 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:1 111) Supp. No. 27 xix J IIIChecklist 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. 111 Title Page 25 CHTCT:1 OC iii 25 CHTCT:3 21 iv.i 22 CD1:1 OC v,vi OC CD1:3,CD1:4 OC vii OC CD 1:5,CD 1:6 12 ix,x 1 CD 1:7 12 xi,xii 27 CD2:1, CD2:2 22 xiii,xiv 27 CD2:3 25 xv,xvi 27 CD2:5,CD2:6 24 xvii,xviii 27 CD2:7,CD2:8 27 xix 27 CD2:9,CD2:10 27 SH:1, SH:2 24 CD2:11,CD2:12 27 SH:3 27 CD2:13,CD2:14 27 CHT:1,CHT:2 20 CD2:14.1, CD2:14.2 27 CHT:3,CHT:4 20 CD2:14.2.1 27 CHT:5,CHT:6 21 CD2:14.3,CD2:14.4 21 CHT:7, CHT:8 20 CD2:14.5,CD2:14.6 21 CHT:9, CHT:10 20 CD2:14.7, CD2:14.8 22 CHT:11,CHT:12 20 CD2:14.9, CD2:14.10 22 CHT:13,CHT:14 20 CD2:14.11 22 CHT:15 20 CD2:15,CD2:16 10 [1] 111111 Supp.No.27 CAPE CANAVERAL CODE Page No. Supp.No. Page No. Supp.No. CD2:17,CD2:18 10 CD10:35, CD10:36 16 CD2:19,CD2:20 25 CD10:37, CD10:38 16 CD2:21,CD2:22 25 CD10:39, CD10:40 13 CD2:22.1,CD2:22.2 26 CD10:41,CD10:42 16 CD2:23,CD2:24 13 CD 10:43,CD 10:44 16 CD2:25,CD2:26 17 CD10:45 16 CD2:26.1,CD2:26.2 17 CD11:1 OC CD2:26.3,CD2:26.4 17 CD 14:1 OC CD2:26.5 17 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SUPPLEMENT HISTORY TABLE ' Date InOcudte/ ;¢ Ord No Adopted2. p . :s= Supp No 04-2015 3-17-15 Include 24 05-2015 6-16-15 Include 24 06-2015 7-21-15 Include 24 07-2015 8-18-15 Include 24 09-2015 9-22-15 Include 24 `. . , ' ,x Supp:'No`'"725 s 41''..: 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 Supp."No3;,2G . `., 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 ill26 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 — Supp- No.:2 _ �. 16-2017 1-16-18 Include 27 01-2018 2-20-18 Include 27 02-2018 4-17-18 Include 27 03-2018 5-15-18 Include 27 04-2018 6-19-18 Include 27 07-2018 9-18-18 Include 27 0 Supp. No. 27 SH:3 J ADMINISTRATION §2-56 quest by the city council or city manager, decisions and will accept the will of duly I will return to the city any privileged or authorized decisions of the city council confidential documents or materials and city electorate. provided to me by the city while serving on the city council. (q) I understand that my first priority as a councilmember will always be to look out (1) I will abide by all laws of the state for the best interests of the citizens of the applicable to my conduct as a councilmem- city and the public health, safety and ber, including, but not limited to, the welfare. I will seek to provide appropri- Government in the Sunshine Law, the ate leadership that nurtures and Florida Code of Ethics for Public Officers, motivates city citizens to be stakeholders and city rules of procedure and codes of in the affairs and achievements of the conduct. city. (m) I will promote constructive relations in a (r) I will be accountable to the city council positive climate with all city employees, for violations of this code of conduct. city attorney, and city contractors and (Ord. No. 09-2011, § 2, 10-18-11) consultants consistent with my role as a councilmember, as a means to enhance Secs. 2-29-2-40. Reserved. the productivity and morale of the city. I will support the city manager's decision DIVISION 2. COMPENSATION* to employ the most qualified persons for staff positions. I will recognize the bona Sec. 2-41. Established for councilmembers fide achievements of the city manager, other than mayor. staff; city attorney, city contractors and consultants,business partners,and other The compensation for the members of the city sharing in, and striving to achieve, the council other than the mayor shall be $2,400.00 city's mission. per year. (Code 1981, §311.02;Ord. No. 30-94, §2,8-2-94) (n) I will enhance my knowledge and ability to contribute value to the city as a coun- Sec. 2-42. Established for mayor. cilmember by keeping abreast of issues and trends that could affect the city The compensation for the mayor shall be through reading, continuing education $3,200.00 per year. and training. I will study policies and (Code 1981, §311.01;Ord. No. 30-94, §2, 8-2-94) issues affecting the city, and will attend training programs if required by the city. Secs. 2-43-2-55. Reserved. My continuing goal will be to improve my performance as a councilmember. DIVISION 3. MEETINGS# (o) I will value and assist my fellow coun- cilmembers by exchanging ideas,concerns, Sec. 2-56. Regular meetings. and knowledge through lawful means of communication. I will help build positive The city council shall hold regular meetings community support for the city's mission on the third Tuesday of each month at 6:00 p.m. and the policies established by the city The city council may, on an as needed basis, council. begin its regular meetings prior to 6:00 p.m. When the day fixed for any regular meeting falls (p) I will support and advocate for my beliefs, *Charter reference—Compensation, §2.04. but will remain open to understanding 'I'Charter reference—Meetings and other procedures, • the views of others. I recognize that I §2.11. share in the responsibility for all city State law reference—Public meetings,F.S. ch. 286. Supp. No. 27 CD2:7 §2-56 CAPE CANAVERAL CODE 4111 upon a day designated by law as a legal national (b) All special meetings shall be held in the holiday, such meeting will not be held. Regular city hall or such other place as designated by a meetings may be otherwise postponed, canceled majority of the council in open session and shall or rescheduled by consensus of the city council. be open to the public and the press. All regular meetings shall be held in the place as (Code 1981, § 271.03; Ord. No. 04-2002, §§ 1, 2, designated by a majority of the council in open 3-19-02;Ord. No. 01-2011, § 2, 4-19-11;Ord. No. session. 01-2011, § 2, 4-19-11) (Code 1981,§271.02;Ord. No. 24-93,§ 1(271.02), 8-17-93;Ord. No. 10-2009, § 2, 9-15-09; Ord. No. Sec. 2-58. Workshop meetings. 01-2011, § 2, 4-19-11; Ord. No. 10-2012, § 2, Workshop meetings may be called to informally 7-17-12) discuss matters relating the [to] city business. Workshop meetings shall be held in the place so Sec. 2-57. Special meetings. designated by council to be the locations of workshop meetings and shall be open to the (a) A special meeting of the city council may public and press. Notice of workshop meetings be initiated by any of the following means: shall be posted 24 hours in advance at the city (1) By an affirmative vote of a majority of hall and on the city website. Minutes of the the city council pursuant to the Charter, workshop meeting shall be prepared and article II, section 2.11. distributed to council members. (Code 1981, §271.04;Ord. No. 23-93,§ 1(271.04), (2) By serving the city manager or the city 8-17-93; Ord. No. 26-95, § 1, 11-9-95; Ord. No. clerk notice in writing and signed by a 04-2002, § 3, 3-19-02; Ord. No. 01-2011, § 2, majority of the city council. The clerk 4-19-11) shall immediately give verbal or writtenill notice to each member of the council, Sec. 2-59. Preparation of ordinances and stating the date and hour of the meeting resolutions prior to meeting. and the purpose for which such meeting All ordinances and resolutions prepared shall is called, and no other business shall be have a permanent reference number assigned enacted at that meeting. The clerk in the prior to consideration by the council at any notice of a special meeting initiated in regular meeting. A copy of the ordinance or this manner shall allow at least 24 hours resolution for adoption at the regular meeting is to elapse between the call of the meeting furnished in the council agenda packet. and the date and hour of the meeting. (Code 1981, § 271.05(D); Ord. No. 04-2002, § 4, Notice shall be posted at city hall and on 3-19-02; Ord. No. 01-2011, § 2, 4-19-11) the city website. Cross references—City clerk, § 2-116 et seq.; city attorney, §2-126 et seq. (3) By verbal notice to the city clerk or the city manager by a majority of the city Sec. 2-60. Preparation and notice of agenda. council whenever an emergency exists which requires immediate action by the (a) There shall be an official agenda of every council. The clerk shall immediately meeting of the council which shall determine the attempt to give notice to each member of order of business conducted at the meeting. the council stating the hour of the meet (b) All items to be placed on the agenda must ing and the purpose for which such meet be initiated by a member of the city council, the ing is called, and no other business shall city attorney, city clerk, city manager, or depart- be enacted at that meeting. If, after ment director. reasonable diligence, it is impossible to give notice to each councilmember, such (c) All items to be placed on the agenda must failure shall not affect the legality of the be filed with the city clerk the Wednesday two meeting. weeks prior to the council meeting. Agenda • Supp. No. 27 CD2:8 ADMINISTRATION §2-64 packets shall be distributed to council members (2) The sergeant at arms shall be present at the Tuesday one week prior to the council meet- and during all council meetings unless attendance ing. is otherwise excused by the city council or by the city manager prior to or during a specific meet- (d) Public notice of the agenda for all meet- ing. ings shall be served by posting the agenda in a conspicuous place at city hall and on the city (3) The sergeant at arms and the city manager website the Tuesday one week preceding the shall be responsible for developing security system meeting. plans for council meetings, and training related (Code 1981, § 271.06(A)—(C), (E); Ord. No. to the security system plans shall be provided to 04-2002, § 5, 3-19-02; Ord. No. 01-2011, § 2, the city council and its members, city attorney 4-19-11) and applicable city staff on an annual basis and as deemed necessary by the sergeant at arms, city council or city manager. Sec. 2-61. Parliamentary procedure. (4) Security system plans shall be deemed Except as may be provided in the Charter or confidential and exempt from public records in this division, questions of order, the methods disclosure pursuant to section 119.071(3),Florida of organization and the conduct of business of Statutes and§ 24(a)Art. I of the State Constitu- the council shall be governed by Robert's Rules tion. Additionally, any council meeting, or por- of Order, Newly Revised, in all cases to which tion thereof, at which security system plans, or such rules are applicable. portions thereof, will be revealed or discussed (Code 1981, § 271.01) shall be conducted in a confidential manner and closed to the public pursuant to section Sec. 2-62. Presiding officer. 286.0113(1), Florida Statutes and § 24(b) Art. I of the State Constitution. The presiding officer of the council is the (Code 1981, § 271.12; Ord. No. 02 2018, § 2, mayor. The council shall annually elect a mayor 4-17-18) pro tern at the first regular meeting after the day of the general city election and the mayor pro Sec. 2-64. Call to order; quorum; roll call. tem shall preside over the council in the absence of the mayor. The mayor shall assume the chair (a) The presiding officer of the city council as presiding officer at the next regular meeting shall take the chair at the hour appointed for the after his or her election. The presiding officer meeting and shall immediately call the council to shall preserve strict order and decorum at all order. In the absence of the mayor and the mayor meetings of the council. A majority vote of the pro tem, any councilmember may call the meet- members present shall govern and conclusively ing to order at the appointed hour. determine all questions of order if a parliamentary decision by the presiding officer is challenged. (b) In a regular or special meeting before (Code 1981, § 271.07; Ord. No. 39-93, § 1, proceeding with the business of the council, the 10-19-93; Ord. No. 01-2011, § 2, 4-19-11) city clerk or his designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. Sec. 2-63. Sergeant at arms. (c) If a quorum of three is not present at the (1) The sergeant at arms shall be the Cape roll call, no further business shall be transacted Canaveral Precinct Commander of the Brevard and a recess shall be automatic for a period of 30 County Sheriffs Office and such other sheriffs minutes or until a quorum is in attendance, officers designated by the Precinct Commander. whichever shall first occur. If a quorum is not in The sergeant at arms is responsible for maintain attendance at the end of the 30 minute recess, ing order and security at city council meetings. the meeting shall be automatically adjourned. Supp. No. 27 CD2:9 § 2-64 CAPE CANAVERAL CODE (d) In the absence of the mayor and the mayor (c) When a motion is presented and seconded, pro tem and a quorum is present, the first order the motion belongs to the city council as a body of business shall be the election of a temporary for consideration and disposition unless presiding officer. Upon arrival of the mayor or withdrawn by unanimous consent of the city mayor pro tem, the temporary presiding officer council. While the motion is under consideration, shall relinquish the chair upon the conclusion of no motion shall be received thereafter until the the business immediately before the council. motion is decided, except as authorized under (Code 1981, § 271.13; Ord. No. 04-2002, § 6, Robert's Rules of Order including a motion to 3-19-02) adjourn,to recess,to lay on the table,to postpone or to amend. These motions shall have prefer- Sec. 2-65. Minutes. ence in the order in which they are mentioned and the motions to adjourn, to recess and to lay The minutes of the previous regular meeting on the table shall be decided without debate. of the city council shall be adopted by reference. Final action upon a pending motion may be The city clerk shall have available a copy of such deferred by a majority vote of the members minutes at least 24 hours preceding the next present to a date certain or if a date certain is regular meeting. There shall be copies of the not provided in the motion,until the next regular minutes available for the citizens to examine at meeting. the city council meeting. The minutes of the meeting shall be approved or corrected by a (d) The presiding officer may move, second majority of the members present and upon such and debate from the chair, subject only to such limitations of debate as are imposed by this approval shall become the official minutes. (Code 1981, § 271.14; Ord. No. 04-2002, § 7, division upon all members, and the presiding 3-19-02; Ord. No. 01-2011, § 2, 4-19-11) officer shall not be deprived of any of the rights Cross reference—City clerk,§2-116 et seq. and privileges of a councilmember because of his being the presiding officer. Sec. 2-66. Consideration of matters before (e) Every councilmember desiring to speak council. for any purpose shall confine himself or herself to the question under debate, avoiding all (a) The city council shall not take action upon personalities and indecorous language. A member any matter which is not listed upon the official once recognized shall not be interrupted when agenda,unless a majority of the councilmembers speaking unless the interruption shall be to call present have first consented to the presentation the councilmember to order or as otherwise of the matter for consideration and action. provided in this division. (b) All items of business shall be considered (f) The city council shall establish, by resolu- in accordance with the agenda. Any motion shall tion, policies and procedures affording members then be appropriate. Except as prohibited by of the public a reasonable opportunity to be law, where discussion is not anticipated on an heard during city council meetings consistent item,the city manager may add such item to the with applicable law. consent agenda. The city council may approve en masse all or some items on the consent agenda (g) Each person addressing the council shall by one motion and vote. Any councilmember may be required to speak from the podium or at such request that an item be removed from the consent other city designated speaker location; and shall agenda. Upon such request, the item will be give his or her name and address in an audible removed from the consent agenda and considered tone for the minutes. No person other than immediately following the vote to approve the councilmembers and the person having the floor remaining consent agenda items unless placed shall be permitted to enter into any discussion elsewhere on the agenda by council vote. Discus- either directly or through a member of the sion on consent agenda items will only be permit- council without the permission of the presiding ted on items removed from the consent agenda. officer. No question shall be asked of councilmem1111 - Supp. No. 27 CD2:10 ADMINISTRATION §2-68 411, bers, the city manager, city attorney, or staff sary to afford minimum due process. Disclosure except through the presiding officer. Councilmem- of ex parte communications by city councilmem- bers, the city manager, city attorney, and staff hers during quasijudicial proceedings shall be in are not required to respond directly to persons accordance with the procedures and require- addressing the council, but may respond in the ments set forth in F.S. § 286.0115, which are discretion of the council or as required by law hereby adopted in their entirety. (h) Any person making impertinent or slander- (n) The mayor or the presiding councilmem- ous remarks or who becomes boisterous while ber shall enforce the rules adopted under this addressing the council shall be barred from section. Any person in violation of any of the further audience before the council by the presid- rules shall first be given a warning of the ing officer, unless permission to continue or violation. Any subsequent violations shall be again address the council is granted by the cause for removal from the chambers by the majority of the council. sergeant of arms or designee for the remainder (i) Members of the city council shall have the of the city council meeting by order of the mayor, privilege of closing debate("call the question")on the presiding councilmember or a majority of the any pending motion by obtaining a minimum of city council. Notwithstanding, the mayor, the two-thirds vote of the city council. presiding councilmember or a majority of the city council may order the immediate removal of (j) Disruptive behavior by members of the any person from the city council chambers that audience including, but not limited to, fighting, poses a threat to property or life safety. yelling,throwing or launching projectiles,audible (Code 1981, § 271.15; Ord. No. 39-93, § 3, use of electronic devices, and causing loud noises 10-19-93; Ord. No. 09-2011, § 2, 10-18-11; Ord. 110 is strictly prohibited. No. 14 2013, § 2, 11-19-13) (k) Councilmembers shall abide by all applicable voting conflict laws. With respect to Sec. 2-67. Adoption of motion. disclosure of voting conflicts, councilmembers shall disclose known conflicts in accordance with Upon cessation of discussion or if called, the law, provided, however, said disclosure shall be motion before the city council shall be restated no later than the time that the council first by the presiding officer. Each councilmember considers the agenda item in which the voting shall be called in alphabetical order according to conflict exists. If the voting conflict is not last name and shall verbally state"for"or"against" discovered until the agenda item is under the motion. The city clerk shall record the vote of consideration, disclosure shall be required at each councilmember both in the minutes and such time the councilmember becomes aware of upon the resolution or ordinance. The presiding the voting conflict. officer shall declare the status of the motion (1) It shall be the responsibility of any person after a vote has been taken. deciding to appeal any decision made by the city (Code 1981, § 271.16) State law reference—Voting conflicts of interest, F.S. council with respect to any matter considered at § 112.3143. a public hearing under this section to ensure that a verbatim record of the proceedings is Sec. 2-68. General discussion. made, which record shall include the testimony and evidence upon which any such appeal is to be based. Every regular meeting of the city council shall include a period of time, which shall occur (m) The city council shall afford minimum during the public input portion of the meeting, due process regarding quasijudicial matters in for the purpose of a question-and-answer session accordance with law. The city council may during which any person from the audience may 41111 establish detailed written procedures for handling direct questions concerning city business or affairs quasijudicial matters to the extent deemed neces- to any member of the council or officer or official Supp. No. 27 CD2:11 §2-68 CAPE CANAVERAL CODE of the city. The limitations and requirements set Sec. 2-70. Eminent domain powers. forth in section 2-66 shall apply. In addition, the following other requirements shall apply: Notwithstanding the United States Supreme (a) If it appears that a matter presented by a Court's decision in Kelo v. City of New London, speaker during general discussion is administra 125 S. Ct. 2655 (2005), and any other authority tive in nature, and the question or matter raised under Florida law, the city council shall not can be adequately answered or addressed by the exercise the power of eminent domain solely for economic development purposes. Any exercise of city manager or administrative staff; the city such power shall be declared void ab initio. council may request, upon consensus or proper motion and majority vote, that the speaker refer (Ord. No. 14-2005, § 2, 9-6-05) the matter to the. city manager or his designee during normal city business hours. If such a Secs. 2-71-2-90. Reserved. referral is made by the city council, the speaker shall have no further right to present that matter at the meeting. If the speaker is not ARTICLE III. OFFICERS AND adequately satisfied by the city's administrative EMPLOYEES* staff upon proper referral, the speaker shall have the right to bring the matter in question DIVISION 1. GENERALLY before the city council during the general discus- sion portion of any subsequent regular city council meeting. Secs. 2-91-2-100. Reserved. (b) The city council recognizes that the general discussion portion of the meeting is for the DIVISION 2. CITY MANAGERt purpose of legitimate inquiries and discussion by the public and not for the purpose of advancing Sec. 2-101. Powers and duties. 4110 questions, arguments or repetitious questions concerning matters which the city council believes The city manager shall have the following to be closed,privileged and confidential, or not of powers and duties: general public concern to the city. Further, it is (1) Provide sustained administrative leader- not appropriate to address quasi-judicial and ship and coordination of staff and board public hearing items under general discussion. activities in carrying out the acts and The city council shall have the right during directives of the city council, through general discussion to decline to hear any person overall supervision and coordination. In or any subject matter upon consensus or proper this capacity, he coordinates the activi- motion and majority vote by the city council. ties of staff and boards to ensure that (Code 1981, § 271.17; Ord. No. 10-2009, § 2, adequate information and recommenda- 9-15-09;Ord. No. 01-2011, §2, 4-19-11;Ord. No. tions in important areas are expedi- 09-2011, § 2, 10-18-11; Ord. No. 14-2013, § 2, 11-19-13) *Charter references—City council,art.II;city manager, art. III;departments,offices and agencies,§§4.01-4.05. Sec. 2-69. Adjournment. Cross references—Purchasing procedure, § 2-216 et A motion to adjourn the meeting of the city seq.;the mayor or city manager in the case of the absence of the mayor,or any available councilmember in the absence of council shall always be in order and shall be the mayor and city manager,may declare a state of emergency, decided without debate. City council meetings § 18-2; fire department, § 38-56 et seq.;police department, shall adjourn no later than 10:00 p.m. The city §42-26 et seq. council may extend the meeting by super- tCharter reference—Appointment by city council, art. majority vote of the city council present at the III. Cross reference—The mayor or city manager in the case time of adjournment required by this section. of the absence of the mayor,or any available councilmember (Code 1981, § 271.18; Ord. No. 10-2009, § 2, in the absence of the mayor and city manager,may declare a 9-15-09) state of emergency,§ 18-2. • • Supp. No. 27 CD2:12 ADMINISTRATION §2-126 tiously considered by the staff and boards designation at any time and appoint another and brought promptly to the attention of administrative officer of the city to serve until the council. the city manager shall return. (Code 1981, § 231.13; Ord. No. 03-2002, § 1, (2) Review with the council and with heads 3-19-02; Ord. No. 01 2011, § 2, 4-19-11) of the several boards and offices the Cross reference—City clerk, §2-116 et seq. programs and projects of the city and make recommendations thereon as may Secs. 2-103-2-115. Reserved. be necessary to administer the city most effectively in the public interest. DIVISION 3. CITY CLERK* (3) Assist the mayor in carrying out the administrative and executive responsibili- Sec. 2-116. Duties. ties delegated to the mayor and, in con- nection with these responsibilities, to The city clerk has the duties and responsibili- plan, direct, coordinate and manage the ties to: administrative affairs of the council. (1) Pursuant to F.S. § 119.021 and the (4) Prepare and submit the annual budget to Charter,be custodian of all public records the city council. of the city, as defined in F.S. § 119.011, and the seal of the city. (5) Appoint and,when deemed necessary for the good of the service,suspend or remove (2) Be secretary of the council and perform all city employees and appointive those duties specified in the council rules administrative officers provided for by of procedure. 41) and under the Charter,except as otherwise (3) Directly administer and supervise the provided by law, the Charter or person units of the office. nel rules. The city manager may authorize (Code 1981, § 231.21(A), (B), (E)) any administrative officer who is subject to the city manager's direction and Secs. 2-117-2-125. Reserved. supervision to exercise these powers with respect to subordinates in that officer's department, office or division. DIVISION 4. CITY ATTORNEY' (6) Direct and supervise the administration Sec. 2-126. Duties. of all departments, offices and divisions of the city, except as provided by the The city attorney has the duties and Charter or by law. responsibilities to: (7) Perform such other duties as are speci- (1) Advise and represent the city council in fled in the Charter or as may be required matters of litigation. by the city council. (2) Advise and make recommendations to (Code 1981, § 231.11) the city council with respect to proposed legislation and coordinate the prepara- Sec. 2-102. Acting city manager. tion of council views on proposed or current state or federal law. By letter filed with the city clerk, the city manager shall designate a qualified administra- *Charter reference—City clerk,§2.08. tive officer of the city to exercise the powers and Cross references—Preparation of ordinances and resolu- perform the duties of city manager during the tions,§2-59;minutes of the city council meeting,§2-65;the city manager's temporary absence or disability. city clerk may be appointed deputy city manager,§2-102. 'Charter reference—Appointment and duties, §4.03. During extended absence or disability of the city manager, the city council may revoke such Cross reference—Preparation of ordinances and resolu- tions,§2-59. Supp. No. 27 CD2:13 §2-126 CAPE CANAVERAL CODE (3) Interpret state or federal law. ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS# (4) Prepare and make recommendations and interpretations concerning procedural rules; prepare ordinances and resolu- DIVISION 1. GENERALLY tions on request of the city council and city boards;and review all ordinances for Sec. 2-171. Uniform procedures and consistency, uniformity and legal suf- requirements. ficiency. (a) Purpose and intent;conflicts. The purpose (5) Conduct research in legal matters as and intent of this section is to enhance the directed by the council. public's respect and confidence in the municipal (6) Perform all legal functions with respect services delegated to, and performed by, city to leases, contracts, tort claims and such boards and committees and to ensure that deci- other internal legal problems as may sions of boards and committees are in the best interests of the city. The purpose of this section arise. is also to establish uniform and consistent (7) Directly administer and supervise the procedures and requirements for establishing units of the office. and/or abolishing boards and committees, and (Code 1981, § 231.31) appointing and removing members thereof, and Charter reference—Duties, art. VII, §2. for conducting board and committee business. Sec. 2-127. Attendance at council meet- To the extent any provision of this section conflicts with any other provision of this Code, it is the ings. intent of the city council that the provisions of The city attorney or the assistant city attorney this section shall prevail. To the extent the 1111 in his absence shall be available to the city provisions of this section are preempted by state council at all meetings, unless excused by the or federal law, it is the intent of the city council council. He shall act as parliamentarian at all that the provisions of state or federal law shall meetings and shall advise and assist the presid- prevail. ing officer in matters of parliamentary law. (Code 1981, § 271.11) (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: Secs. 2-128-2-140. Reserved. (1) Registered voter shall mean a person duly registered to vote in city elections at DIVISION 5. RESERVED* all times while serving on a board or committee. Secs. 2-141-2-150. Reserved. (2) Resident shall mean any person living within the city limits at all times while DIVISION 6. RESERVED-I' serving on a board or committee, and at least 12 months prior to being nominated, elected or appointed to the board or Secs. 2-151-2-170. Reserved. committee. *Editor's note—Ord. No. 01-2011,§2,adopted April 19, *Cross references—Code enforcement board,§2-256 et 2011,repealed div. 5,which pertained to city treasurer and seq.;commercial development board, §22-26 et seq.;library derived from Code 1981,§231.41(D)—(F). board, § 46-26 et seq.; recreation board, § 54-26 et seq.; tEditor's note—Ord. No. 01-2011,§2,adopted April 19, planning and zoning board, § 58-26 et seq.; local planning 2011,repealed div. 6,which pertained to city engineer and agency,§58-56 et seq.;zoning board of adjustment,§110-26 derived from Code 1981, §231.51(A),(B). et seq. 111 Supp. No. 27 CD2:14 ADMINISTRATION §2-171 4110 (3) Business owner shall mean any person exception of the business and economic develop- who possesses the exclusive right to hold, ment board, of which only two of the board use, benefit from, enjoy, convey, transfer, members are required to be residents. and otherwise dispose of an asset or property of a business located within the (e) Appointment and removal of members. All city, or a designated employee of that persons shall be appointed to, and removed from business. city boards and committees by majority vote of the city council and by resolution,unless otherwise (c) Requirements of board and committee provided in this section. Board and committee members. Any person nominated, elected or members shall serve at the pleasure of the city appointed to serve on a board or committee of the council and may be summarily removed at any city shall satisfy the following requirements: time with or without cause. A board or commit- (1) Complete a board or committee applica- tee appointment shall not be construed as creat- tion as prescribed by the city council; ing or conferring, upon any person, any right or interest in serving on a board or committee (2) Consent to a standard criminal including, but not limited, to a contract, liberty, background check, at the discretion of property or vested right. the city council; (3) Be a resident and registered voter, or U) Term. All board and committee members business owner, as defined by this sec- shall be appointed to serve a three-year term tion unless the city council by unanimous and may be reappointed by the city council for one additional three-year term. There shall be vote waives this requirement upon a determination that a vacancy on a board no limit on the total number of terms a board or 4110 or committee must be filled by a person committee member may serve, except no person with specialized skills and training and a shall be appointed to more than two consecutive resident and registered voter, or a busi terms on the same board or committee unless no ness owner,with such skills and training other qualified applicants submit applications cannot be reasonably found to fill the seeking appointment. Notwithstanding, the city vacancy. If said requirement is waived, council may appoint a member to a term of less the vacancy shall only be filled by a than three years in order to stagger the terms of person who is a resident of the city or the entire board or committee. If a member is who owns a business or real property removed, or vacates their appointment for any within the city; reason, including death, excessive absence, or resignation,prior to the expiration of their term, (4) Have never been convicted or found guilty, the city council may at its discretion appoint an regardless of adjudication, of a felony in individual to serve the remaining portion of the any jurisdiction, unless their civil rights unexpired term. have been restored. Any plea of nolo contendere shall be considered a convic- (g) Absences.Any board or committee member tion for purposes of this paragraph; and incurring five consecutive absences from any (5) Complete interviews with the board or regularly scheduled meeting of the board or committee on which the person is seek- committee, or seven absences from any meeting ing appointment and with the city council. of the board or committee within a 12 month period,(starting with the last absence and count- (d) Limitation on number of nonresidents serv- ing backward), shall be deemed automatically ing on boards and committees. Notwithstanding removed from the respective board or committee the foregoing, there shall be no more than two in which the absences have occurred. Any meet- voting board or committee members not satisfy- ing which is cancelled, other than for a lack of a ing both the residency and registered voter quorum, shall not be counted for purposes of requirements allowed to be appointed or elected determining absenteeism. Absences which to a particular board or committee, with the occurred prior to the date of reappointment of Supp. No. 27 CD2:14.1 § 2-171 CAPE CANAVERAL CODE any board or committee member shall not be board actions; provided, however, it shall take counted toward automatic removal. However, if three affirmative votes to pass or approve any any board or committee is regularly scheduled to action, unless a super-majority is otherwise meet less than once per month, a board or required by local, state or federal law. committee member shall be automatically removed if the member fails to attend 40 percent (1) Public meetings; minutes. All meetings of of the regularly scheduled meetings within a boards or committees shall be open to the public. 12-month period. The city manager shall designate a secretary,for each board or committee, whose duties shall (h) Compensation. All board and committee include keeping minutes of all the meetings of members shall serve without compensation,except the board or committee and recording the actions as provided in the City Code for per diem and/or recommendations of each board or com- subsistence and travel allowances for official mittee,including showing the vote of each member travel. upon each question or if absent or failing to vote (i) Chairmanships. Each board and commit- indicating such fact. The city manager may tee shall be responsible to elect,by majority vote appoint a board or committee member to serve of the members of each board or committee, a as secretary. The city shall be custodian of all chairperson and vice-chairperson. The election records of the boards or committees, and such shall occur annually at the first meeting held in records shall be maintained in the same manner January, unless there is no January meeting, as other city records. then the next meeting held. All newly established (m) Alternate members. At the discretion of boards and committees shall make such elec the city council, two alternate members may be tions at their first regularly held meeting and appointed to each city board or committee. then annually as stated above. Alternate members Alternate members shall be provided with all410 (as provided below) shall not be elected to posi agendas and documentation provided to regular tions of chairperson or vice chairperson. All members and shall be permitted to provide input meetings shall be as regularly scheduled and at during discussions. Alternate members shall not the call of the chair and at such other times as a be permitted to vote on matters before the board majority of the members of any board or commit- unless they have assumed the duties of an tee may determine absent regular member. (j) Rules and procedures. The city council may adopt and amend, from time to time by resolu- The member of the board or committee who has tion, general and quasi-judicial rules and served longer as an alternate member shall be procedures for boards and committees. All boards the first alternate board member. If the first and committees shall at all time comply with the alternate member leaves the board or is appointed general rules and procedures, and when as a regular board member, the successor to the applicable,the quasi-judicial rules and procedures. first alternate board member shall be that A board or committee may adopt additional rules alternate board member with the longer service and procedures provided that such rules or as an alternate member. The next appointed procedures are supplementary in nature and not alternate member shall be designated as the inconsistent with the rules and procedures adopted second alternate board member. by the city council and any federal, state, or local law. Any rule or procedure adopted by the board In the absence of a regular member from an or committee may be amended or repealed by the official board meeting, the first alternate board city council. member shall assume all duties of the absent regular board member, including the right to (k) Quorum; board actions. A majority of the vote on any matter before the board at the members of each board or committee shall meeting. If two or more regular board members constitute a quorum. The affirmative vote of the are absent from an official board meeting, the majority present shall be necessary for any second alternate member shall assume all duties1110 Supp. No. 27 CD2:14.2 ADMINISTRATION §2-171 1111 of the absent regular member, including the right to vote on any matter before the board at the meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at the meeting. (n) Ad hoc committees. The city council may create by resolution,from time to time,temporary ad hoc committees to serve a limited purpose. The resolution may exempt the committee from all or part of the requirements of this section. (o) Interviews.Prior to a person being appointed to a board or committee, the person shall`be interviewed, in person, by the board or commit- tee on which the person is seeking appointment and by the city council. The board or committee shall make a recommendation to the city council on whether the person should be appointed to their respective board or committee based on the requirements of this section. (p) Ex-officio members. At the discretion of the city council, ex-officio members may be appointed to each city board or committee to serve in an advisory capacity to such board or committee. Ex-officio members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Ex-officio members shall not be permitted to vote on matters before the board. Each ex-officio member shall meet all of the requirements for board membership provided within this section and as otherwise provided by law. (q) Sergeant at arms. The sergeant at arms designated pursuant to section 2-63(1) of the City Code shall be present at and during all board and committee meetings unless attendance is otherwise excused by the city council, city manager or board or committee prior to or during a specific meeting. The provisions of section 2-63(3)and(4)of the City Code regarding security system plans shall be applicable to boards and committees. (Ord. No. 12-2003, §2, 7-1-03;Ord. No. 20-2004, § 2, 11-16-04; Ord. No. 13-2011, § 2, 12-20-11; Ord. No. 02-2018, § 3, 4-17-18) Supp. No. 27 CD2:14.2.1 J Chapter 70 TAXATION* Article I. In General Sec. 70-1. Additional homestead exemption for persons 65 and older. Secs. 70-2-70-25. Reserved. Article II. Public Service Tax Sec. 70-26. Definitions. Sec. 70-27. Authority;findings. Sec. 70-28. Applicability. Sec. 70-29. Levied. Sec. 70-30. Exemptions. Sec. 70-31. Payment. Sec. 70-32. Computation. Sec. 70-33. Purchase of utilities service. Sec. 70-34. Monthly computation. Sec. 70-35. Collection. Sec. 70-36. Records. Sec. 70-37. Purchase of utilities service without collecting tax. Sec. 70-38. Failure to pay taxes collected. Sec. 70-39. Discontinuance of utilities service. Sec. 70-40. Sale of utilities service without collection of tax. Sec. 70-41. Payment of utilities service without payment of tax. Sec. 70-42. Failure to pay tax. Sec. 70-43. Penalty. Sec. 70-44. Appropriation of revenue. Sec. 70-45. Continuance of tax and appropriation. Secs. 70-46-70-65. Reserved. Article III. Local Business Tax Sec. 70-66. Definitions. Sec. 70-67. Levied. Sec. 70-68. Violation;penalty. Sec. 70-69. Receipt required;payment of tax prerequisite to issuance. Sec. 70-70. Form, signing of receipts;report of information. Sec. 70-71. Engaging in business without paying tax or making reports. Sec. 70-72. Evidence of engaging in business. Sec. 70-73. False statement in receipt application. Sec. 70-74. Receipt year;tax payment date;term of receipt;proration of tax. Sec. 70-75. Penalty for failure to obtain or renew receipt. Sec. 70-76. Delinquencies. Sec. 70-77. Separate receipt required for each place of business. Sec. 70-78. Multiple receipts. Sec. 70-79. Preservation,display of receipt. Sec. 70-80. Issuance of duplicate. Sec. 70-81. Transfer of receipt. Sec. 70-82. Refunds. Sec. 70-83. Exemptions. Sec. 70-84. Insurance. Sec. 70-85. Special requirements for contractors and subcontractors. Sec. 70-86. Records of issued receipts. 4111 *Cross references-City treasurer, §2-141 et seq.;finance,§2-206 et seq. State law references-Ad valorem taxation,F.S. ch. 192 et seq.;municipal finance and taxation,F.S. § 166.101 et seq. Supp. No. 27 CD70:1 CAPE CANAVERAL CODE Sec. 70-87. Records of receipts. Sec. 70-88. Local business tax for businesses not otherwise designated. Sec. 70-89. Schedule of rates. Supp. No. 27 CD70:2 TAXATION § 70-26 ARTICLE I. IN GENERAL appraiser,unless otherwise provided by law. The documentation shall include copies of all federal Sec. 70-1. Additional homestead exemp- income tax returns, wage and earnings state- tion for persons 65 and older. ments (W-2 forms), any requests for extension of time to file a return and any other documenta- (a) Definitions. Unless otherwise provided tion as required by the property appraiser includ- under F.S. § 196.075, the following terms or ing documentation necessary to verify the income words shall be defined as follows: received by all of the members of the household (1) 'Household"means a person or group of for the prior year. persons living together in a room or group of rooms as a housing unit,but the (d) Failure to file. Failure to file the applica- term does not include persons boarding tion and the sworn statement by March 1 of any in or renting a portion of the dwelling. given year, as required by law, or failure to file the required supporting documentation by June (2) 'Household income"means the adjusted 1 of any given year, shall constitute a waiver of gross income, as defined in § 62 of the the exemption privilege provided under this United States Internal Revenue Code, of section for that year. all members of a household. (e) Availability. The exemption provided under (b) Additional homestead exemption. In this section shall be available to qualified persons accordance with section 6(d), Article VII of the commencing with the tax roll in year 2019, and Florida Constitution and F.S. § 196.075, any the property appraiser may begin accepting person 65 years of age or over who has legal or applications and sworn statements for the tax equitable title to real estate located with the city, roll in year 2019 as soon as appropriate forms 1110 maintains thereon his/her permanent residence - are prepared and made available by the property which qualifies for and receives a homestead appraiser. exemption pursuant to section 6(a),Article VII of (Ord. No. 07-2018, § 2, 9-18-18) the Florida Constitution and whose household income does not exceed the greater of$20,000.00 Secs. 70-2-70.25. Reserved. or the income limitation amount as adjusted pursuant to F.S. § 196.075(3)(The adjusted gross income at the time this additional exemption ARTICLE II. PUBLIC SERVICE TAX* was adopted by Ordinance No. 07-2018 for the year 2018 cannot exceed $29,454.00) shall be Sec. 70-26. Definitions. entitled to make application for a homestead The following words,terms and phrases,when exemption of $25,000.00. The exemption, if used in this article, shall have the meanings granted, shall be applicable to all ad valorem tax ascribed to them in this section, except where millage rates levied by the city and shall apply the context clearly indicates a different meaning: only to ad valorem taxes levied by the city. Utilities service means electricity, metered or (c) Application process. Every person claim- bottled gas (natural, liquefied petroleum or ing an exemption pursuant to this section must manufactured),water service,fuel oil and telecom- file an application and supporting documenta- munications services as defined in F.S. §203.012. tion with the Brevard County Property Appraiser (Code 1981,§541.02;Ord. No. 32-93,§ 1(541.01), not later than March 1 of each year for which the 10-5-93) exemption is claimed, unless otherwise provided Cross reference—Definitions and rules of construction by law. The application shall include a sworn generally,§ 1-2. statement of household income for all members of the household and shall be filed on a form *Cross references—Utilities, ch. 78;electric franchise, prescribed by the Florida Department of Revenue. app. A, art. II; gas franchise, app. A, art. III; telephone franchise, app. A,art. IV. By June 1 of each year every applicant must file supporting documentation with the property State law reference—Public service tax,F.S. §§166.231, 166.232. Supp. No. 27 CD70:3 §70-27 CAPE CANAVERAL CODE Sec. 70-27. Authority;findings. (d) This public service tax shall not be applied against any fuel adjustment charge as defined in (a) The city is authorized by F.S. § 166.231 to F.S. § 166.231(1)(b). levy the utilities service tax provided by this (Code 1981,§541.02;Ord. No. 32-93,§ 1(541.04), article. 10-5-93; Ord. No. 4-95, § 1, 2-21-95; Ord. No. (b) The city finds that fuel oil is a service 16 2012, § 2, 12-18-12) which is competitive with electricity and metered or bottled gas and should be taxed on a comparable Sec. 70-30. Exemptions. basis therewith. The purchase of utilities service by the United (Code 1981,§541.01;Ord. No. 32 93,§ 1(541.02), States, the state, the county, the city, the school 10-5-93) board of the county, any governmental subdivi- sions of any of such governing bodies and any Sec. 70-28. Applicability. recognized church in this state for use exclusively This article shall apply to all persons selling for church purposes shall be exempt from the or purchasing within the limits of the city any taxes levied under this article. The purchase of utilities service,regardless of the place of residence natural gas or fuel oil by a public or private or place of business of any such seller or purchaser, utility, for resale or for use in the generation of and the tax shall apply to each and every electricity, or the purchase of fuel oil or kerosene purchase of such utilities service in the city for use as an aircraft engine fuel or propellant or except those specifically exempted in this article. for use in internal combustion engines is exempt (Code 1981,§541.19;Ord. No. 32-93,§ 1(541.03), from taxes levied under this article. 10-5-93) (Code 1981,§541.08;Ord. No. 32-93,§ 1(541.05), 10-5-93) 4110 Sec. 70-29. Levied. Sec. 70-31. Payment. (a) There is imposed and levied by the city on The tax imposed in section 70-29 shall in each and every purchase in the city of water, every case be paid by the purchaser, for the use electric, phone and gas utilities service (except of the city, to the seller of such utilities service at fuel oil) a tax which is based upon the charge the time of paying the charge for the utilities made by the seller to the purchaser for such utilities service at the rate of ten percent of the service to the seller of the utilities service, but payments received by the seller of the taxable not less often than monthly. item from the purchaser for the purchase of such (Code 1981,§541.03;Ord. No. 32 93,§ 1(541.06), service. This utility service tax shall be applied 10-5-93) uniformly to the taxable items listed above upon which the tax is levied by the city. Sec. 70-32. Computation. (b) "Taxable item" shall include, with respect In all cases where the seller of utilities service to telecommunications services,only the monthly shall collect the price of utilities service at recurring customer service charges, excluding monthly periods or periods of less than one public telephone charges collected on-site,access month, the tax levied in this article may be charges, and any customer access line charges computed on the aggregate amount of the sales paid to a local telephone company. during the period, provided the tax to be col- lected shall be the nearest whole cent to the (c) Fuel oil shall be taxed at a rate of$0.04 amount computed for any period of one month or per gallon. If the tax contained in subsection (a) less than one month in which the seller shall of this section is reduced,the tax on fuel oil shall collect or receive payment from the purchaser of be reduced to bear the same proportion to $0.04 the charges for such utilities service. which the tax contained in subsection (a) of this (Code 1981,§541.04;Ord. No. 32-93,§ 1(541.07), section bears to ten percent. 10-5-93) Supp. No. 27 CD70:4 TAXATION §70-36 Sec. 70-33. Purchase of utilities service. Sec. 70-35. Collection. The purchase of utilities service for each Every seller of utilities service shall collect dwelling, separate apartment in an apartment from the purchaser,for the use of the city,the tax house or duplex house or dwelling house divided levied in this article, at the time of collecting the into separate living apartments, hotel, rooming- selling price charged for each transaction, and house, restaurant, store, office, manufacturing shall report and pay over, on or before the 15th plant or other place of business, manufacture, day following the end of the calendar or elective service or residence shall be considered a separate month,to the city treasurer all such taxes levied purchase for the purpose of computing the and collected during the preceding month. maximum utilities service tax to be paid for the (Code 1981,§541.09;Ord. No. 32-93,§ 1(541.10), purchases during each month, regardless of the 10-5-93) ownership, management, control or occupancy of such dwelling, apartment, store, office or other Sec. 70-36. Records. place of business, service, manufacture or residence enumerated in this section, and the Every seller of utilities service shall keep monthly purchases of utilities service for each complete records showing all purchases in the such place of dwelling or business shall be city of such utilities service, which records shall computed separately,even though more than one show the price charged upon each purchase, the may be owned, occupied, managed or controlled date thereof and the date of payment therefor. by the same person or even though two or more The records shall be kept open for inspection by shall be serviced by a master meter. The tax to the city treasurer or any other duly authorized be paid on master meters shall be at a rate of ten agent of the city during all business hours on all percent of the charge for the utilities service. business days, and the city treasurer or any duly (Code 1981, §541.05;Ord. No. 32-93,§ 1(541.08), au- 10-5-93) Sec. 70-34. Monthly computation. The tax levied in this article shall be effective upon each and every purchase in the city of such utilities service. In all cases where the seller shall collect the price thereof for monthly periods, the monthly periods shall be computed on the basis of the calendar month. However, any seller may elect to compute the tax on the basis of a monthly period other than a calendar month, if such seller shall file with the city treasurer a written designation of the monthly period to be used by the seller. Upon such designation the seller may use the monthly period so designated as the basis for the computation of monthly charges. The period may be changed by such seller from time to time by fixing a different monthly period. If by such change the period shall be lengthened or extended, the maximum tax for any period of less than or more than one month resulting from the change of period shall be computed by increasing or reducing the maximum proportionately to the excess or frac- tion of a month resulting from such change. (Code 1981, §541.06;Ord. No. 32-93,§ 1(541.09), 10-5-93) Supp. No. 27 CD70:4.1 J BUILDINGS AND BUILDING REGULATIONS §82-33 meanor of the second degree punishable under Sec. 82-33. Appeals. section 1-15 of the City of Cape Canaveral Code of Ordinances. Each such person shall be (a) Decisions of the building official.The owner considered guilty of a separate offense for each of a building, structure or service system, or his and every day or portion thereof during which duly authorized agent, may appeal a decision of any violation of any of the provisions of this code the building official to the construction board of is committed or continued, and upon conviction adjustment and appeals whenever any one of the of any such violation such person shall be punished following conditions are claimed to exist: within the limits and as provided by Florida laws. (1) The building official rejected or refused (Ord. No. 06-2001, § 1, 12-4-01) to approve the mode or manner of construction proposed to be followed or Secs. 82-24-82-30. Reserved. materials to be used in the installation or alteration of a building, structure or service system. ARTICLE II. BUILDING CODE (2) The provisions of this code do not apply Sec. 82-31. Florida Building Code adopted. to this specific case. The Florida Building Code 2010 edition, as (3) That an equally good or more desirable may be amended from time to time, as published form of installation can be employed in by the Florida Building Commission, shall be any specific case. known as the City of Cape Canaveral Building (4) The true intent and meaning of this code Code and is hereby adopted by reference and or any of the regulations thereunder incorporated herein as if fully set out. have been misconstrued or incorrectly (Ord. No. 06-2001,§ 1, 12-4-01;Ord. No. 12-2005, interpreted. § 2, 10-4-05; Ord. No. 02-2009, § 2, 3-3-09; Ord. No. 01-2012, § 2, 2-21-12) (b) Variances. The construction board of adjust- ments and appeals, when so appealed to and Sec. 82-32. Establishment of construction after a hearing, may vary the application of any board of adjustment and appeals. provision of this code to any particular case There is hereby established a board to be when, in its opinion, the enforcement thereof called the construction board of adjustment and would do manifest injustice and would be contrary appeals, which shall consist of five members. to the spirit and purpose of this or the technical codes or public interest, and also finds all of the (a) Composition. Members of the construc- following: tion board of adjustment and appeals should be composed of individuals with (1) That special conditions and circumstances knowledge and experience in the techni- exist which are peculiar to the building, cal codes, such as design professionals, structure or service system involved and contractors or building industry which are not applicable to others. representatives. (2) That the special conditions and (b) Powers. The construction board of adjust- circumstances do not result from the ments and appeals shall have the power, action or inaction of the applicant. as further defined in section 82-33, to hear appeals of decisions and interpreta- (3) That granting the variance requested tions of the building official and consider will not confer on the applicant any variances of the technical codes. special privilege that is denied by this 110 (Ord. No. 06-2001,§ 1, 12-4-01;Ord. No. 12-2003, code to other buildings, structures or § 8, 7-1-03) service system. Supp. No. 27 CD82:7 §82-33 CAPE CANAVERAL CODE (4) That the variance granted is the minimum building official shall immediately take action in variance that will make possible the accordance with such decision. Every decision reasonable use of the building, structure shall be promptly filed in writing in the office of or service system. the building official and shall be open to public (5) That the granting of the variance will be inspection. A certified copy of the decision shall in harmony with the general intent and be sent by mail or otherwise to the appellant and purpose of this code and will not be a copy shall be kept publicly posted in the office of the building official for two weeks after filing. detrimental to the public health, safety and general welfare. Every decision of the board shall be final, subject however to such remedy as any aggrieved party (c) Conditions of the variance. In granting the might have at law or in equity. variance, the board may prescribe a reasonable (Ord. No. 06-2001, § 1, 12-4-01) time limit within which the action for which the variance is required shall be commenced or Secs. 82-35-82-55. Reserved. completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the ARTICLE III. UNSAFE BUILDING conditions of a variance shall be deemed a ABATEMENT CODE violation of this code. (d) Notice of appeal. Notice of appeal shall be Sec. 82-56. Standard Unsafe Building Abate- in writing and filed within 30 calendar days ment Code adopted. after the decision is rendered by the building The Standard Unsafe Building Abatement official. Appeals shall be in a form acceptable to Code, 1985 edition,as published by the Southern the building official. Building Code Congress International, Inc., is (e) Unsafe or dangerous buildings or service hereby adopted by reference and incorporated systems. In the case of a building, structure or herein as if fully set. The Standard Unsafe service system which, in the opinion of the Building Abatement Code is hereby amended to building official,is unsafe,unsanitary or danger- read as follows: ous, the building official may, in his order, limit (a) Section 105.1. The code enforcement board the time for such appeals to a shorter period. shall serve as the board of adjustment (Ord. No. 06-2001, § 1, 12-4-01) and appeals for this code. Sec. 82-34. Procedures of the board. (b) Section 605. Cost of repair or demolition; lien on property: collection. (a) Rules and regulations. The board shall establish rules and regulations for its own 1. Upon repair or demolition of any procedure not inconsistent with the provisions of building or structure, either with this code. The board shall meet on call of the city crews or by independent contrac- chairperson. The board shall meet within 30 tor, all costs of demolition and/or calendar days after notice of appeal has been repair shall be assessed against and received. constitute a lien on the property upon which the building or structure (b) Decision. The construction board of adjust- is/was situated. The lien shall be ment and appeals shall, in every case, reach a equal in rank, priority and dignity decision without unreasonable or unnecessary with the lien of Brevard County ad delay. Each decision of the board shall also valorem taxes and shall be superior include the reasons for the decision. If a decision to all other liens, encumbrances, of the board reverses or modifies a refusal,order, titles and., claims in, to or against or disallowance of the building official or varies the property. Cost shall include,but the application of any provision of this code, the not limited to, administrative cost, Supp. No. 27 CD82:8 BUILDINGS AND BUILDING REGULATIONS §82-116 • attorney's fees, postage, newspaper (c) Elevation, floodproofing and siting. All publication fees and actual costs of major structures shall be designed, constructed physical removal and/or repair. and located in compliance with the national flood insurance regulations as found in 44 CFR 59 and 2. The city clerk shall file such lien in 60 or section 90-26 et seq. pertaining to flood the public records of Brevard County damage prevention, whichever is more restric- Florida, showing the nature of the tive. lien, the amount thereof, a legal (Ord. No. 06-2001,§ 1, 12-4-01;Ord. No. 12-2005, description of the property and the § 2, 10-4-05) owner thereof. Such liens shall bear interest from the date of filing at the highest rate allowed by law. Sec. 82-89. Design conditions. 3. The lien may be enforced in the Velocity pressure. Major structures, except same manner as a court judgment mobile homes, shall be designed in accordance by the sheriffs of the State of Florida, with chapter 16 of the building code adopted in including levy against personal section 82-31. property,and may also be foreclosed (Ord. No. 06-2001,§ 1, 12-4-01;Ord. No. 12-2005, in the nature of a mortgage. All § 2, 10-4-05) costs and attorney's fees incurred in collection of amounts due under any such lien shall also be secured by Secs. 82-90-82-115. Reserved. the property and included within the total sum due under the lien. 4110 (Ord. No. 06 2001,§ 1, 12 4 01;Ord. No. 16 2017, ARTICLE V. REGISTRATION AND • § 2, 1-16-18) MAINTENANCE OF PROPERTIES IN FORECLOSURE Secs. 82-57-82-87. Reserved. Sec. 82-116. Purpose and intent. ARTICLE IV. COASTAL CONSTRUCTION Vacant buildings and real property under CODE foreclosure are a major source of blight in com- mercial and residential neighborhoods,especially when the owner or mortgagee fails to properly Sec. 82-88. Structural requirements for maintain said buildings and property. Vacant major structures. buildings and real property under foreclosure can also have a negative impact on the local (a) Design and construction. Major structures, economy. In many cases, real property under except for mobile homes, shall be designed and foreclosure often suffers from lack of maintenance constructed in accordance with chapter 16 of the and becomes neglected during the time it takes a building code adopted in section 82-31 using a mortgagee to complete the foreclosure process three-second gust at 130 miles per hour. Major and secure the property. Such blight and nega- structures,except mobile homes,shall also comply tive conditions are hereby declared a public with the applicable standards for construction nuisance. It is the purpose and intent of this found elsewhere in this code. article to establish registration and maintenance requirements for vacant properties and proper- (b) Mobile homes. Mobile homes shall conform ties under foreclosure as a mechanism to protect to the federal mobile home construction and neighborhoods from becoming blighted and safety standards or the Uniform Standards Code nuisances through lack of adequate maintenance 4111 ANSI A-119.1, pursuant to F.S. § 320.823, as and security. well as subsection (c) of this section. (Ord. No. 07-2012, § 2, 5-15-12) Supp. No. 27 CD82:9 §82-117 CAPE CANAVERAL CODE Sec. 82-117. Definitions. gates, garages, and other openings that may allow access to the interior of any building or In construing the provisions of this article,the structure on the real property. In the case of following definitions shall apply: broken windows or doors, securing shall mean Building means any structure approved for replacing the window or door. Temporary board- occupancy by the city. ing of openings may be allowed pending repairs to the extent required by the enforcement officer Default means the mortgagee files a foreclosure to address public safety and emergency situa- action in a court of law or records a lis pendens. tions. Enforcement officer means any code enforce- Vacant means any building that is not law- ment officer, law enforcement officer, building fully occupied by human beings or inhabited official,or fire inspector employed by or contract- based on the evidence of vacancy. ing with the City of Cape Canaveral authorized to enforce this article. (Ord. No. 07-2012, § 2, 5-15-12) Evidence of vacancy means any real property Sec. 82-118. Registration requirements. condition that independently, or in the context of the totality of the circumstances relevant to the (a) Any mortgagee who holds a mortgage on real property, would lead a reasonable person to real property located within the city shall,within believe that the real property is vacant. Such ten days of default by the mortgagor of the real conditions may include, but not be limited to, property that is the security for the mortgage, lack of human occupancy of any building for a register the property with the city. Registration long period of time, overgrown or dead vegeta- shall be on a form provided by the city and shall tion; electricity and other utilities turned off; include, at a minimum, the following: stagnant swimming pool; accumulation of trash or debris; the absence of window coverings such (1) The mortgagee's name, direct mailing 110 as curtains, blinds, or shutters; the absence of address, e-mail address, contact person, furnishings or personal items consistent with and telephone number; habitation or occupancy of a building; state- (2) The address and parcel identification ments by neighbors, delivery or government number of the real property that is being agents. foreclosed upon by mortgagee; Foreclosed property means real property that is in default. (3) Whether the property is vacant or occupied during the default period; Local property manager means an individual property manager, property management (4) If the real property is,or becomes,vacant, company, property maintenance company or the name, street address, e-mail address, similar entity with a current business address and telephone number of the local property and land line telephone number within Brevard, manager that will work on the mortgagee's Indian River,Orange,Osceola,Seminole,or Volu- behalf to inspect, maintain, and secure sia County,designated by the owner or mortgagee the real property; responsible for the maintenance of abandoned real property. (5) If a foreclosure complaint involving the real property has been filed in circuit Owner of record means the person or entity court, or the real property is subject to a holding recorded title to the real property in bankruptcy proceeding, the style of the question as reflected in the Official Records of case,including,court name,case number, Brevard County, Florida. and parties; Secure manner shall include,but not be limited (6) Express authorization for city employees to, the closure and locking of all windows, doors, to enter upon the exterior of the property Supp. No. 27 CD82:10 BUILDINGS AND BUILDING REGULATIONS §82-118 in the event the property becomes vacant for the purpose of ensuring compliance with this article. (b) At the city's discretion,registration required by this section shall be made on a paper form or electronically. If the city chooses electronic registration, the city may retain the services of a third party to handle the registration 110 410 Supp. No. 27 CD82:10.1 J 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. 4111 Sec. 110-480. Atomic energy uses. Sec. 110-481. Building required for commercial uses. Supp. No. 27 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 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. 110 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. 27 CD110:6 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- 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 Occupied means the use of a structure or land automobile, exclusive of access drives or aisles 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. Oceanfront lot means a lot that is contiguous Patio. See the definition of"terrace." with the ocean beach and which is considered as Paving may consist of the following materials: fronting on a public street and includes those macadam, asphalt, concrete, pervious concrete, lots adjacent to a dedicated street. All lots permeable paving, bricks, tile, pavestone, tile- contiguous with the ocean beach shall be stone,flags,flagstone,flagging,cobblestone,curb, considered interior lots. kerb, curbstone, kerbstone, edgestone and curb- Open shed means any structure that has no ing. All paving material shall have a finished enclosing walls. surface and must be contained by a permanent border and properly maintained. Open space area means that area of the lot which is to be left open for free circulation of air Pharmacy means an establishment licensed and which provides an area for recreational and by and in good standing with the State of Florida leisure pursuits. Not to be included as part of as a community pharmacy,as defined in Chapter open space area are building setbacks, areas 465,Florida Statutes,that may dispense Schedule occupied by all building structures,parking areas, II and III controlled substances. Supp. No. 27 CD110:17 § 110-1 CAPE CANAVERAL CODE Playground means an area of land set aside Residential district means"that area set aside for outdoor recreation used by children for play primarily for use as low and medium density and often equipped for specific activities. residential housing. Playground may also be that part of a park or outdoor recreation facility set aside for such use Restaurant means any building or structure by children. A playground may be public or or portion thereof in which food is prepared and 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, sold and consumed on the premises(such percent- Principal use of structure means a building in age shall be determined by calculating the aver- which is conducted the principal use of the lot on age monthly gross revenue from the sale of food which it is situated. In a residential district any and nonalcoholic beverages for the immediately dwelling shall be deemed to be the principal previous 12-month period). building on the lot on which the dwelling is 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 Schoolgrounds means all the land included in and enclosed on one or both sides, including the lot or parcel upon which a school building is louvers, lattice or screening, shall cause the regularly used, except during vacation periods, entire structure to be construed as the principal by elementary and secondary school students. building and shall be subject to the sections The school and land may be public or private. applicable to the principal building. 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 from the ground upward except as specified thereof and for a public service or purpose. 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- port, shelter or enclosure of persons, animals, Redevelopment means the process of demoli- chattels or property of any kind which has tion of existing improvements and the construe- enclosing walls for less than 50 percent of its tion of new improvements on a site. perimeter. Supp. No. 27 CD110:18 ZONING § 110-1 Shopping center means three or more units for unless it is located and designed so as not to purposes of mercantilism. create a hazard or not be used for swimming or wading. Sign means the same as defined in chapter 23 of the building code adopted in section 82-31. Tent means a collapsible shelter of canvas or other fabric-type material. 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. 41, Street means a public or private right-of-way Trailer park means an area duly licensed by set aside for public travel. the city and approved by the state board of health,which is designed,constructed,equipped, Street centerline means the midpoint of the operated and maintained for the purpose of street right-of-way. providing space for and otherwise servicing mobile homes and trailers. Street,private, means a private way set aside for vehicular traffic that exceeds 200 feet in Travel trailer. See the definition of"recreational developed length or serves four or more vehicle." residential, commercial or any combination of Utility access easement means an easement residential and commercial units. Private streets less than 20 feet wide, dedicated and used for shall be installed in accordance with section utilities and utility vehicles. The term does not 98-92. qualify as an alley pursuant to chapter 98 pertain- Street right-of-way means the property line ing to subdivisions. which bounds the right-of-way set aside for use Vacant means a building or parcel of land that as a street. is neither occupied nor used. Structure means that which is built or Variance means a relaxation of the terms of constructed. this chapter when such variance will not be contrary to the public interest and when, owing Swimming pool means any portable pool or to conditionspeculiar to the property and not the permanent structure containing a body of water result of the actions of the applicant, a literal 18 inches or more in depth or 250 square feet of enforcement of this chapter would result in surface area or more of water service area, unnecessary and undue hardship. As used in 11111 including an ornamental reflecting pool or fish this chapter, a variance is authorized only for pond or other type of pool, regardless of size, height,area,size of structure or size of yards and Supp. No. 27 CD110:18.1 § 110-1 CAPE CANAVERAL CODE open spaces;establishment or expansion of a use 09-2014, § 2, 9-16-14; Ord. No. 02-2016, § 2, otherwise prohibited shall not be allowed by 7-19-16; Ord. No. 04-2017, § 2, 4-18-17; Ord. No. variance nor shall a variance be granted because 11-2017, § 2, 8-15-17; Ord. No. 04-2018, § 2, of the presence of nonconformities in the zoning 6-19-18) district or used in an adjoining zoning district. Cross reference-Definitions and rules of construction generally, § 1-2. Veterinary clinic means an establishment that has the necessary facilities for the examination Sec. 110-2. Board of adjustment. and treatment of animals but does not accom- modate animals for more than 24 hours, thereby (a) A board of adjustment is established and not providing boarding services. shall consist of seven members. Veterinary hospital means an establishment (b) The board of adjustment shall have the that has the necessary facilities for the examina powers and duties to consider applications for tion and treatment of animals which includes special exceptions, variances, and administra- boarding services that may accommodate animals tive appeals under this chapter. for more than 24 hours. (c) The board of adjustment shall not incur Wall means a structure forming a physical any debts or enter into any contracts or obliga- barrier, which is constructed of concrete or tions which would be enforceable against the masonry composite. city, unless prior approval has been obtained from the city council. Wall, concrete boundary, means a structure (Ord. No. 11-2005,§2,6-21-05;Ord. No. 07-2007, constructed using concrete, either poured or in § 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11) block form, along the property boundary or within the setback and used as a dividing line Sec. 110-3. Planning and zoning board. 411) between parcels of property in a residential zone, (a) The planning and zoning board is specifically excluding townhouse interior party established and shall consist of seven members. walls. (b) The planning and zoning board shall oper- Yard means all open space on the same lot as ate exclusively in an advisory capacity, and no the principal building,which space is unoccupied ruling, decision or recommendation of the board and unobstructed by buildings from the ground shall be binding. upward, except as otherwise provided. The term generally applies to the area from each lot line to (c) The board shall perform such duties as are the principal building and its attached porches, conferred on it by this Code and the city council sheds, carports, garages and storage areas. and shall, from time to time, make studies on (Code 1981, §632.01;Ord. No. 7-96, § 1, 6-18-96; planning and zoning matters affecting the health, Ord. No. 9-97, § 1, 9-2-97; Ord. No. 19-98, welfare, safety and morals of the people of the §§ 1-3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98; city. Ord. No. 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00;Ord. No. 03-2003, §2, 8-19-03; Ord. No. (d) No problem or situation relating to zoning 02-2004, § 2, 3-02-04; Ord. No. 01-2007, § 2, shall be submitted to the city council prior to being submitted to and acted upon by the plan- 2-20-07;Ord. No. 04 2007, § 2, 6-19-07;Ord. No. ning and zoning board. Such problems or situa- 04-2008, § 3, 5-6-08; Ord. No. 13 2009, § 2, tions relating to zoning shall include but not be 12-15-09; Ord. No. 05-2010, § 2, 4-20-10; Ord. limited to the following: No. 17-2010,§2, 11-16-10;Ord. No. 04-2011, §2, 6-21-11; Ord. No. 06-2011, § 2, 10-18-11; Ord. (1) Changes in zone classification. 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. (2) Changes in zoning district boundaries 04-2013, § 2, 3-19-13; Ord. No. 05-2013, § 2, and zoning maps. 3-19-13;Ord. No. 06-2013, § 2, 6-18-13;Ord. No. (3) Review and revision of zoning sections. 410 Supp. No. 27 CD110:18.2 ZONING § 110-27 111 (4) Recommendation concerning a master Sec. 110-27. Authority. plan and periodic review thereof. (a) Unless otherwise provided in this chapter, (e) The planning and zoning board shall make the city council shall render all final decisions recommendations concerning rezonings, special regarding rezonings and the board of adjustment exceptions and site plans in accordance with this shall render all final decisions regarding vari- chapter. ances, special exceptions and administrative (f) The board secretary shall, after each meet appeals. Final decisions of the board of adjust- ment and city council shall be subject to appel- ing of the planning and zoning board, transmit a late review as set forth in this division. copy of the board's minutes to each member of the city council, the city clerk and the city (b) The respective board rendering final deci- attorney. Such minutes shall include the board's sions may impose reasonable conditions and recommendations on any matter coming before safeguards on any approved rezoning, variance, it, including a short statement setting forth the special exception or administrative appeal to the facts upon which the board's recommendations extent deemed necessary and relevant to ensure were based,as well as the board's reasons for the compliance with applicable criteria and other recommendation. applicable provisions of the city code and (g) The planning and zoning board shall not comprehensive plan. Such conditions and incur any debts or enter into any contracts or safeguards, when made part of the terms under obligations which would be enforceable against which the rezoning, variance, special exception, the city,unless prior approval has been obtained or administrative appeal is granted, have the from the city council. same force and effect as any other provision of (Ord. No. 11 2005,§2,6-21-05;Ord. No. 13-2011, this Code, and violation of same shall be deemed § 6, 12-20-11) to be a violation of this Code and punishable by this Code. Secs. 110-4-110-25. Reserved. (c) All formal decisions shall be based on competent substantial evidence and the applicable criteria set forth in this article. ARTICLE II. PROCEDURE;LAND USE DECISIONS* (d) The city council may adopt, by resolution, quasi-judicial rules and procedures to imple- ment this chapter. DIVISION 1. GENERALLY (e) All final decisions rendered under this Sec. 110-26. Intent and purpose. chapter must be consistent with the city's comprehensive plan. The intent and purpose of this article is to set forth the procedure and requirements for apply- (f) All final permits issued under this chapter ing for variances, special exceptions, rezonings may be temporarily suspended or absolutely and administrative appeals, as set forth in this revoked by majority vote of the board that article. rendered the final decision if the board later (Ord. No. 11-2005, § 2, 6-21-05) determines at a public hearing that either: *Editor's note-Ord. No. 11-2005,§2,adopted June 21, (1) The applicant has obtained the final 2005, amended art. II in its entirety and enacted new permit upon false statements, fraud, provisions as set out herein. The former art. II pertained to deceit, misleading or perjurious state- board of adjustment and derived from Code 1981,§§645.13, ments, or suppression of material facts; 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. 27 CD110:18.3 J ZONING § 110-296 410 For purposes of this subsection, the term "child Sec. 110-294. Special exceptions permis- care facility" shall not include a "family day care sible by board of adjustment. home" as defined by Florida law. (Code 1981, § 637.17; Ord. No. 17-96, § 1, Reserved. 10-1-96;Ord. No. 04-2007, §2, 6-19-07; Ord. No. (Code 1981, § 637.21; Ord. No. 05 2010, § 2, 02 2016, § 2, 7-19-16) 4-20-10; Ord. No. 02-2016, § 2, 7-19-16) Sec. 110-293. Accessory uses and structures. Sec. 110-295. Prohibited uses and structures. In the R-2 medium density residential district, In the R-2 medium density residential district, accessory uses and structures shall be permitted all uses and structures not specifically or as follows: provisionally permitted in this division are (1) Noncommercial piers, boathouses and prohibited. loading places intended solely for the use (Code 1981, § 637.23) of the adjoining residences, provided the following conditions are met: Sec. 110-296. Area and dimension. a. No dock or pier shall extend over In the R-2 medium density residential district, five feet beyond the property line, the following area and dimensions shall be unless the abutting waterway is required: over 100 feet in width at such point where the pier or dock is constructed. (1) Minimum lot area shall be as follows: b. No watercraft moored to such use a. One- and two-family, 7,500 square 4110 shall be used as living quarters, feet. except as-provided by section 110- b. Multiple family, 10,000 square feet. 552. (2) Minimum lot width shall be 75 feet. c. All applicable regulations and (3) Minimum lot depth shall be 100 feet. restrictions of the U.S. Army Corps of Engineers and other federal, (4) Maximum lot coverage shall be 35 percent. county,state and local controls shall (5) Minimum living or floor area shall be as be adhered to. follows: (2) Noncommercial botanical nurseries and a. One-family, 1,100 square feet per greenhouses. dwelling unit. (3) Customary accessory uses of a residential b. Two-family, 750 square feet per nature,clearly incidental and subordinate dwelling unit. to the principal use, including garages, carports and the like,in keeping with the c. Multiple family, as follows: residential character of the district. 1. Efficiency, 450 square feet per (4) Home occupations,subject to section 110- dwelling unit. 521. 2. One bedroom, 650 square feet per dwelling unit. (5) Parking lots and facilities in conjunction 3. Two bedrooms, additional with one or more principal uses. (Code 1981, § 637.19) bedrooms, 750 square feet per dwelling unit(plus 200 square feet for each additional bedroom). (6) Maximum height shall not exceed 25 feet, except that maximum height of public or recreational buildings and Supp. No. 27 CD 110:44.1 § 110-296 CAPE CANAVERAL CODE structures on land with a future land use protect medium density residential development designation of Public/Recreation (PUB) maintaining an adequate amount of open space shall not exceed 35 feet. for such development. Further, the provisions (7) Maximum length or width of a structure herein are intended to promote areas free from shall not exceed 185 feet. congestion and overpopulation, to promote the (Code 1981, § 637.25; Ord. No. 01-2018, § 2, residency of families and to enhance and maintain 2-20-18) the residential character and integrity of the area. Sec. 110-297. Minimum setbacks. (Code 1981, § 637.29; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, § 2, 4-17-12) (a) In the R-2 medium density residential district, the following minimum setbacks shall be required. Sec. 110-312. Principal uses and structures. (1) Front, 25 feet. (See subsection (b) of this In the R-3 medium density residential district, section.) there shall be no more than 15 dwelling units per (2) Side (interior lot line), eight feet or ten net residential acre. The principal uses and percent of width of lot, whichever is structures permitted in the R-3 medium density greater, up to 15 feet. residential district shall be: (3) Side (corner lot line), 25 feet; on all (1) Single-family dwellings; nonconforming lots of record, 15 feet. (4) Rear, 15 feet. (2) Two-family dwellings; (5) Public or private street, 25 feet. (3) Multifamily dwellings; or • (b) See section 110-536 for special setbacks. (Code 1981, § 637.25) (4) Public schools. Sec. 110-298. Offstreet parking and access. (5) Public and nonprofit private schools with conventional curriculums; public librar- In the R-2 medium density residential district, ies. offstreet parking and access to a public or private street shall be provided in accordance with sec- (6) Churches and other places of worship; tion 110-491 et seq. parish houses. (Code 1981, § 637.27) (7) Public safety structures and equipment, Secs. 110-299-110-310. Reserved. such as fire substations, civil defense facilities and the like. DIVISION 4. R-3 MEDIUM DENSITY (8) Public and semipublic parks,playgrounds, RESIDENTIAL DISTRICT* playfields and recreation facilities. Sec. 110-311. Intent. (9) Assisted living facilities, subject to the requirements of section 110-488. The requirements for the R-3 medium density residential district are intended to apply to an Notwithstanding the foregoing,there shall be no area of medium density residential development more than 15 dwelling units per net residential with a variety of housing types. Lot sizes and acre. other restrictions are intended to promote and (Code 1981, § 637.31; Ord. No. 17-96, § 2, *Cross reference—Sign restrictions in the R-3 medium 10-1-96;Ord. No. 04-2007, §2, 6-19-07;Ord. No. density residential district, §94-98. 02-2016, § 2, 7-19-16) 110 Supp. No. 27 CD110:44.2 ZONING § 110-313 Sec. 110-313. Accessory uses and structures. In the R-3 medium density residential district, the following accessory uses and structures shall be permitted: (1) Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, provided the following conditions are met: a. No dock or pier shall extend over five feet beyond the property line, 41110 Supp. No. 27 CD110:45 J ZONING § 110-372 (6) The maximum height of all buildings as provided in section 110-491 et seq. and off- constructed within the M-1 zoning district street loading shall be as provided in section shall be 45 feet. 110-506 et seq. (Code 1981, § 638.11;Ord. No. 18-96, §2, 9-3-96) (Code 1981, ch. 638.17) Sec. 110-357. Minimum setbacks. Secs. 110-361-110-370. Reserved. (a) In the M-1 light industrial and research and development district,the minimum setbacks DIVISION 8. TOWNHOUSES* required shall be as follows: Sec. 110-371. Permitted use. (1) Front, 25 feet. (See subsection (b) of this section.) Townhouses are permitted as an allowed use in R-2 and R-3 districts. (2) Side (interior lot line), 15 feet, except (Code 1981, ch. 639) where industrial property abuts a residential district, in which case the Sec. 110-372. Area and dimensions. minimum side interior lot shall be 25 feet. Townhouse area and dimensions shall be as (3) Side (corner lot line), 25 feet. follows: (4) Rear, 15 feet, except where industrial (1) Minimum area to be developed shall be property abuts a residential district, in 6,250 square feet. which case the minimum rear yard (2) Minimum lot area shall be 1,400 square requirement shall be 25 feet. feet. (5) Public or private street, 25 feet. (3) For all townhouse subdivisions approved after April 17, 2018, the minimum lot (b) See section 110-536 for special setbacks. width shall be 20 feet for interior lots, 28 (Code 1981, § 638.11) feet for end lots, 45 feet for a corner lot and 35 feet for a corner lot on a Sec. 110-358. Landscaping, screening and nonconforming lot of record. parking. a. Should a townhouse structure built In 'the M-1 light industrial and research and on a lot that has become nonconform development district,landscaping,screening and ing after April 17,2018 be destroyed, parking shall be as provided in article IX of this a new townhouse may be rebuilt on chapter. such nonconforming lot, (Code 1981, § 638.13) notwithstanding the provisions of section 110-196 relating to nonconforming lots of record. Sec. 110-359. Performance standards. (4) Minimum lot depth shall be 70 feet. In the M-1 light industrial and research and development district,performance standards shall (5) Maximum lot coverage by all buildings be as provided in section 110-466 et seq. shall be 40 percent of the site area. (Code 1981, § 638.15) • (6) Minimum floor area shall be as follows: Sec. a. One bedroom, 650 square feet per 110-360. Parking and loading. dwelling unit. In the M-1 light industrial and research and *Editor's note—Ord. No. 02-2016,§2,adopted July 19, development district, offstreet parking shall be 2016,renumbered Div. 7 as Div. 8. Supp. No. 27 CD110:46.15 § 110-372 CAPE CANAVERAL CODE 1110 b. Two bedrooms, 750 square feet per that the multiple-family dwelling or two-family dwelling unit. dwelling was built in accordance with the c. Additional bedrooms,200 square feet applicable townhouse provisions of the adopted per bedroom. Building Code at the time of its construction. (Code 1981, § 639.03; Ord. No. 03-2018, § 2, (7) Maximum building length or width shall 5-15-18) be 185 feet. (8) For all townhouse units built after April Sec. 110-373. Minimum setbacks. 17, 2018, the minimum townhouse unit width shall be 20 feet. For townhouses, the minimum setbacks required shall be as follows: a. Should a townhouse unit that has become nonconforming after April (1) Front, 25 feet. 17, 2018 be destroyed, a new townhouse unit may be rebuilt, (2) Side, end unit, eight feet. provided that it is in conformity (3) Side, interior unit, zero feet. with the provisions of this division to the maximum extent possible, (4) Rear, 15 feet. notwithstanding the provisions of section 110-193(c) relating to the (5) Side,corner lot,25 feet;on all nonconform- continuance of nonconforming ing lots of record, 15 feet. structures. (Code 1981, § 639.03) Until December 31, 1993, 50- and 75-foot-wide Sec. 110-374. Offstreet parking. nonconforming lots of record may have 16-foot- wide townhouse lots. Further, notwithstanding For a townhouse, there shall be a minimum of the above, for multiple-family dwellings and three parking spaces for each living unit located two-family dwellings existing prior to October 4, on the same property as the main building. The 1988 that, although not located on individually minimum of three parking spaces shall be required platted lots, were otherwise built in accordance of all living units of three bedrooms or less. with townhouse standards, such dwellings may Living units containing in excess of three be converted to townhouses with lot widths and bedrooms shall require an additional parking unit widths of 16 feet or more as necessary to space for each bedroom in excess of three. allow for the existing footprint of each dwelling (Code 1981, § 639.05) unit to remain. In addition,notwithstanding any provision of Chapter 98 of this Code, such exist- Sec. 110-375. Utilities. ing dwellings shall be allowed to remain in their existing location, irrespective of an encroach- For townhouse utilities, the following shall ment into a yard setback, except that such apply: encroachment must be remedied upon the destruc- tion of the encroaching unit. (1) All utility distribution systems, includ- ing but not limited to television cable, With any application for a townhouse subdivi- telephone and electrical systems shall be sion that proposes to convert an existing multiple- installed underground. Primary facili- family or two-family dwelling unit into a ties providing services to the site may be townhouse,the applicant must submit a certified excluded. report from a registered state professional engineer that such dwelling was built in (2) A five-foot public access easement shall accordance with townhouse standards and such be provided along each side and across units shall also be subject to inspection by the the rear of the site. building official. Townhouse standards shall mean (Code 1981, § 639.07) Supp. No. 27 CD110:46.16 ZONING § 110-401 Sec. 110-376. Reserved. Secs. 110-380-110-400. Reserved. Editor's note—Ord. No. 09-2007, § 2, adopted Dec. 4, 2007,repealed§ 110-376,which pertained to preservation of ARTICLE VIII. RESIDENTIAL PLANNED trees and derived from Code 1981,§639.09. UNIT DEVELOPMENTS Sec. 110-377. Individually platted lots. DIVISION 1. GENERALLY Each townhouse unit shall be located on an individually platted lot. If there exists areas for Sec. 110-401. Definitions. common use of the occupants,the plat will not be approved until satisfactory arrangements are The following words,terms and phrases,when made for maintenance and presented to the city. used in this article, shall have the meanings Individual maintenance procedures shall be ascribed to them in this section, except where submitted to the planning and zoning board to the context clearly indicates a different meaning: ensure that all public areas in common open Block means an area delineated within a spaces shall be maintained in a satisfactory stage which is subdivided into lots for single manner without expense to the city. units and individual ownership. (Code 1981, § 639.11) Common open space means a parcel of land or a combination of land and water within the site Sec. 110-378. Building permit. designated as a residential planned unit develop- mentThe townhouse developer must file an applica- tion and designed and intended for the use or tion for a building permit. The application must enjoyment of residents of the residential planned 410 be in a format approved by the building official and shall include all elements necessary for unit development. Common open space shall beintegrated throughout the residential planned multi-family construction in accordance with unit development to provide for a linked section 110-221 et seq. The expiration date of the recreational/open space system. building permit shall be in accordance with Developer means a person who owns land section 106.6.1 of the building code adopted in which is developed into a residential planned section 82-31. unit development and who is actually involved in (Code 1981, § 639.13) the construction and creation of a residential planned unit development. Sec. 110-379. Development schedule. Development plan means the total site plan of A townhouse development schedule shall be the residential planned unit development drawn submitted for review to the planning and zoning in conformity with this article. The development board, who may approve, approve subject to plan shall specify and clearly illustrate the conditions or disapprove. When submitted, the location,relationship,design,nature and character development schedule shall indicate the staging of all primary uses, public and private ease- of construction and the staging of open space or ments, structures, parking areas, public and other common use areas for conveyance, dedica- tionprivate roads and common open space. or reservation; the geographic stages in Development schedule means a comprehensive which the project will be built; the approximate statement showing the type and extent of develop- date when construction of each stage shall begin; ment to be completed within the various and its anticipated completion date. Provision practicable time limits and the order in which for the construction of cultural and recreational development is to be undertaken. A development facilities which are shown on the site plan shall schedule shall contain an exact description of the proceed at an equivalent or greater rate as the specific buildings, facilities, common open space construction of the dwelling units. and other improvements to be developed at the (Code 1981, § 639.15) end of each time period. Supp. No. 27 CD110:46.17 § 110-401 CAPE CANAVERAL CODE • Final development plan means the develop- ment plan approved by the city council and recorded with the clerk of the circuit court of the county according to this article. Final development plan application means the application for approval of the final development plan and for approval of the required exhibits as specified in this article. Lot means a portion of a block intended for the construction of one dwelling or the transfer of ownership or both. Preliminary development plan means the development plan approved by the city council and filed with approval by the city of a residential planned unit development zone. Preliminary development plan application means the application for approval of the use of a site as a residential planned unit development and for approval of the required exhibits as specified in this article. Residential planned unit development or RPUD means an area of land developed as a single entity or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to provide for a variety of residential uses and common open space. 1110 Supp. No. 27 CD 110:46.18 ZONING § 110-488 410 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 4110Assisted 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. 27 CD110:69 § 110-489 CAPE CANAVERAL CODE Sec. 110-489. Pain management clinic (e) Hours of operation. Pain management regulations. clinics shall only be permitted to operate between the hours of 9:00 a.m. and 7:00 (1) Pain management clinics may only be p.m., Monday through Friday, and 9:00 permitted by special exception in the C-1, C-2 a.m. to 12:00 p.m. on Saturday. and M-1 zoning districts, subject to the general (f) Requirement for indoor operation and conditions for special exceptions and subject to prohibition on loitering. There shall be the following requirements: no outdoor seating areas, queues, or (a) State registration. Pain management clin customer waiting areas. All activities of ics must be registered with the state if the pain management clinic; including required by Florida law. If registration is sales, display, preparations and storage; required by state law, then proof of shall be conducted entirely within an registration, application for registration enclosed building. A pain management or letter of exemption must be provided clinic shall provide adequate seating for with the special exception application for its patients and business invitees. The the pain management clinic. pain management clinic shall not direct or encourage any patient or business (b) Pain management clinic licensing. Each invitee to stand, sit, gather or loiter pain management clinic shall be oper- outside of the building where the clinic or ated by a medical director who is a center operates, including in a parked Florida-licensed physician, board-certi- car, including in any parking areas, fled in pain medicine, and who shall be sidewalks, rights-of-way, or neighboring responsible for complying with all require- properties for any period of time longer ments related to registration and opera- than reasonably required for patients to tion of the clinic. The designated physician conduct their official business and depart. must have a full, active, and The pain management clinic shall post unencumbered license under F.S. ch. 458 conspicuous signs on at least three sides or ch. 459, and shall practice at the clinic of the building stating that no loitering is location for which the physician has allowed on the property. 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- (d) Separation requirements from schools, ing in the parking areas, sidewalks, or 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. 27 CD110:70 ZONING § 110-489 411, 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 substance; information from the prior business day: (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. management clinic shall be wholly (n) No pain management clinic shall be wholly (m) No paing 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. 27 CD110:71 § 110-489 CAPE CANAVERAL CODE 411) (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, 41) 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- ' able care should know, that a pain (A) Persons title, current home management clinic is operating in address,telephone number and violation of city code or applicable date of birth; 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. 27 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 l 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 a of the pain management clinic, pain management clinic. signed under oath, attesting: That practice is located (s) Compliance with law. The pain manage- (A) That theirsubjeprct site; ment clinic shall at all times be subject to at the requirements of all applicable federal, (B) That no employees of the facil- state, county and local laws and ity have been convicted of a ordinances, as they may be amended drug-related felony within the from time to time. five years preceding the application for special excep- (t) Suspension or revocation of special excep- tion; tion. Any special exception granted for a pain management clinic may be temporar- (C) That the pain management ily suspended or absolutely revoked by clinic will not knowingly employ majority vote of the board of adjustment any such convicted felons at a public hearing, when the board of 4110 thereafter; and adjustment has determined by competent (D) For pain management clinics, substantial evidence that either: that the medical director shall (i) The pain management clinic has be required to inform the city obtained the special exception upon within ten days should the false statements, fraud, deceit, medical director be terminated misleading statements, or suppres- or otherwise leave the affilia- sion of material facts; tion of the pain management clinic as medical director. (ii) The pain management clinic has The medical director of the pain committed substantial violations of the terms and conditions on which management clinic shall be required the special exception was granted; to keep all application information 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 4110 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. 27 CD110:73 § 110-489 CAPE CANAVERAL CODE be heard, the right to present evidence, Sec. 110-490.1. Vacation resort campus. and the right to cross-examine adverse A vacation resort campus is a multiple build- witnesses. ing property that includes a hotel,condominium, (u) Certification affidavit by applicants for cooperative or timeshare plan, or any combina- related uses. tion thereof, and is also a transient public lodg- (i) Any application for a business tax ing establishment duly licensed pursuant to F.S. receipt under chapter 70 of this ch. 509, and in which the units are master Code, as a pain management clinic planned and organized in a campus arrange- as such terms is defined in section ment that meets the following requirements: 110-1 of this Code, shall be (a) The campus shall be master planned accompanied by an executed affidavit pursuant to the terms and conditions of a certifying registration with the State negotiated development agreement of Florida and the city as a pain approved by the city council; management clinic. The failure of an applicant to identify the busi (b) The campus,as used herein,shall contain ness in the application for abusi- a minimum of 25 contiguous acres of C-1 ness tax receipt as a pain zoned property or a combination of C-1 management clinic will result in the and R-3 zoned property in which a hotel immediate expiration of the busi operation must exist within the campus; ness tax receipt and immediate ceas- (c) The campus shall have direct access on a ing of all activity conducted in the thoroughfare or high capacity roadway; pain management clinic. (d) The campus shall provide indoor and (ii) Any applicant's application for a outdoor recreational amenities customar- business tax receipt and executed ily provided by a resort for their guests, 110 affidavit relating to use as a pain such as a pool, theater, restaurant, day- management clinic,where applicable, care, etc.; shall be provided to the city build- (e) The campus shall include a food service ing division at the time of the facility that is open to the general public; proposed use. (f) The total number of units in the campus (2) [Reserved.] shall not exceed the maximum density of (Ord. No. 06-2011, § 2, 10-18-11; Ord. No. the underlying zoning category; and 09-2014, § 2, 9-16-14; Ord. No. 11-2017, § 2, 8-15-17; Ord. No. 04-2018, § 2, 6-19-18) (g) All development criteria shall be governed by the underlying zoning category,includ- Sec. 110-490. Donation bins prohibited. ing but not limited to building setbacks, building separation, required parking, It shall be unlawful to deposit, store, keep or height limits and density,unless otherwise maintain or to permit to be deposited, stored, agreed by the city in the master develop- kept or maintained, a donation bin in or on any ment agreement required by this section. lot, parcel or tract of land in any zoning district. (Ord. No. 10-2013, § 2, 7-16-13) As used in this section, "donation bin" shall Editor's note—Ord. No. 10-2013, § 2, adopted July 16, mean any unattended container, receptacle or 2013,set out provisions intended for use as§110-491. At the similar device that is located on any property editor's discretion,to prevent duplication of section numbers, these provisions have been included as§ 110-490.1. within the city used for the solicitation, collec- tion and storage of donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable materials. (Ord. No. 13-2012, § 2, 9-18-12) Supp. No. 27 CD110:74 ZONING § 110-586 0 1111 \ , , / o ......,.., ' e 1 Legend 701444G -- -.it C2 41) n k" 42 N R W+E ...Eco S 11; STREET LEGEND A Claw EVaithath Lair t -J C {.- W*yE WOW t} f_ f - 411)--> Goran Can w 6 1 lCity at Cape CawwrM E GaarMw Cara UAW"w4 E Camar. Coquina la G Gamine Cowl Waw Pdh'thaw Wiwi 4awx'Mw.Mt 14 Jasmine Cowl *kW 42 WO r liwaysuckk Way oris...a....c.,...Paw*.44.44,mat ! knraps Way _ G1rYbq caw...salscar+sa.«.e. K Aquarius Way L haqu4Ky Way J ` -t �1 [ At Way a Falcon way +t b- 0OAQO1 01 0.i 04 O5 skon * O Cocawi Way 1 iµM 1...~4Mlaaar.... -, l .}w.a...yw.aw aa...a.. Figure la. Economic Opportunity Overlay District Boundary Map (Zoning) (Note: Figure la is a graphic representation of the EOOD District boundary;the official zoning map is maintained in the Community Development Department). (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. 07-2015, § 2, 8-18-15) 0 Supp. No. 27 CD110:83 § 110-587 CAPE CANAVERAL CODE Sec. 110-587. Applicability. attractive for pedestrians and lively,yet relaxed. Small-scale retail and other commercial uses (1) The District is a commercial corridor of shall occupy as much of the ground floor front- approximately one and three-quarter miles,gener- ages along Central Boulevard as the market will ally centered on both AlA(Astronaut Boulevard) bear. Upper stories shall be office or residential and N. Atlantic Avenue and recognized as extend- along these main streets. This district also shall ing from the entrance to the City of Cape provide the potential for continuum-of-care Canaveral on the north to Grant Avenue on the developments including opportunities for aging south. in place and include such uses as independent, (2) The area of the district along AlA is assisted living and skilled care facilities. intended to serve as the main gateway into the (Ord. No. 11-2012, §2(Exh. A),7-17-12;Ord. No. City of Cape Canaveral. The area of the district 07-2015, § 2, 8-18-15; Ord. No. 04-2018, § 2, along Central Boulevard is intended to serve as 6-19-18) the main street to the City of Cape Canaveral's Town Center and as a transition between the Sec. 110-588. Purpose. land use, circulation, and streetscape along AlA and the Town Center. This District is intended to The purpose of these design guidelines and have the most intensive commercial and standards are to provide flexibility in the uses residential uses within the City. The EOOD is and design requirements for the AlA EOOD, meant to provide a lively and attractive interface while setting minimum design standards to between the proposed Town Center and the facilitate quality development. These standards adjacent residential communities,while maintain- will guide future development and redevelop- ing a primarily commercial street frontage along ment within the City of Cape Canaveral so that AlA,N. Atlantic Avenue and Central Boulevard. it creates more vital commercial cores and cor- ridors, protects adjacent residential neighbor- (3) The streets will have a retail/commercial 41111 hoods and neighborhood commercial centers, service atmosphere with small or large neighbor- promotes the use of quality building materials, hood stores at street level and apartments or enhances the streetscape on all public streets, offices on upper stories. The retail composition of and continues to improve the image and pride in the district shall include, but not be limited to, the city. retail stores, personal services, hotels, cultural (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) facilities, hospitals, clinics, pharmacies, medical marijuana treatment center dispensing facili- ties, convenience stores with gas, high-tech Sec. 110-589. Goals. manufacturing, entertainment, and eating The AlA Economic Opportunity Overlay establishments including rooftop restaurants that District (EOOD) provides design guidelines and serve the EOOD as well as stores,eating establish standards which are intended to promote and ments, and business services (printing, account enhance the identity of the district. Specifically, ing, etc.) that serve the other businesses and the goals of the EOOD are: office users in the area. Residential uses shall be permitted within the District; however, shall be (1) To create attractive,functional, and last- limited to upper stories along AlA, N. Atlantic ing buildings and places. Avenue and Central Boulevard within the District. (2) To encourage the design, construction (4) The main street component of the District and operation of buildings and places is intended to provide a mixed-use, pedestrian- that are environmentally responsible, oriented focus for the proposed Town Center, sustainable and healthy places to live, with land uses serving Town Center residents work, and play. and visitors. This sub-district provides the City of Cape Canaveral with a small-town style walk- (3) To promote development and redevelop- able center that is convenient, useful, safe and ment that preserves and enhances the1111/ Supp. No. 27 CD110:84 ZONING § 110-589 physical appearance of the corridor and contributes to the district's unique sense of place. (4) To encourage the use of quality materials in development and redevelopment. 4111 1111 Supp. No. 27 CD110:84.1 J 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 P1 Personal Services P P SE1 Hotels and Motels P P1 P Banks P P SE' Waterfront Restaurant P P SE Assisted Living Facility SE SE' NA Pharmacies/Medical Marijuana Treatment Center P P NA Dispensing Facilities2' 3 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)]' Attraction and Destination uses' PD PD PD Mixed Use Development uses (i.e. Town Center)1 PD PD PD 1 Added use. 2 Use included to clarify intent of code. 3 Shall be permitted only on properties adjacent to or contiguous with Highway AlA (a.k.a. Astronaut Boulevard and N. Atlantic Avenue south of International Drive). For purposes herein, a pharmacy shall include any use where a pharmacy is included as an accessory use or department of the principal use. Medical marijuana treatment center dispensing facilities shall not be located within 500 feet of the real property that comprises a public or private elementary, middle or secondary school, or as otherwise provided in Chapter 381, Florida Statutes, as may hereafter be amended. Supp. No. 27 CD110:89 § 110-609 CAPE CANAVERAL 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; Ord. No. 04-2018, § 2, 6-19-18) Sec. 110-610. Similar and compatible uses. DIVISION 3. SITE PLANNING Any use not specifically listed may be Sec. 110-621. Intent. authorized by the city council as a planned (1) Site planning involves the proper place- development on a case-by-case basis. ment and orientation of structures, structure (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) height, development acreage, open spaces, park- ing and pedestrian and vehicular circulation on a given site. The purpose of good site design is to Sec. 110-611. Property containing both com- create a functional and attractive development, mercial and residential zoning to minimize adverse impacts, and to ensure that district designations. a project will be an asset to the community. In the event that a parcel of real property (2) Proper site planning shall promote harmony located within the District contains both a com- between new and existing buildings and shall be mercial and residential zoning district designa- sensitive to the scale, form, height, and propor tion,the residential portion of the parcel may be tion of surrounding development. Good design developed in accordance with either the applicable with complementary landscaping is a major underlying zoning regulations or as an accessory component in creating vibrant commercial areas use to the principal commercial development on that foster a pleasant and desirable character, the commercial portion of the parcel. Accessory pedestrian activity, and economic vitality. Fac uses may include, but are not limited to, tors such as the size and massing of buildings, 11111 restaurant/bar,recreational amenities,boardwalk, the orientation of storefronts, and circulation sundries, and parking structure, provided the greatly influence the quality of the pedestrian city manager or his designee deems the acces- experience. sory use is compatible with the principal use and (3) Within the district,site planning and design compatible with the surrounding properties. The of new buildings and the rehabilitation of exist- city manager or his designee may impose, in ing buildings shall promote continuity of the writing, reasonable safeguards and conditions historic context of buildings(as shown in historic on the approval of any development permit documentation) in relationship to the existing authorizing an accessory use. Any violation of pattern and scale of streets, sidewalks and park- these safeguards and conditions of the accessory ing. The guidelines and standards below reinforce use in furtherance of the compatibility require- the existing historic development patterns (as ments of this section and/or the public health, shown in historic documentation) and provide a safety and welfare. Accessory uses and structures site planning framework for both infill develop- shall be constructed or developed only after ments and rehabilitation and revitalization of development of the principal use and shall not existing buildings. become a use independent of the principal use. (Ord. No. 11-2012,§2(Exh. A), 7-17-12;Ord. No. Further, the residential portion of the parcel 07-2015, § 2, 8-18-15) shall not be subdivided from the commercial portion so long as any such accessory use remains Sec. 110-622. LEED or LEED equivalent on the parcel. design. (Ord. No. 07-2015, § 2, 8-18-15) (1) Intent: LEED (Leadership in Energy and Environmental Design) is a national consensus- based, market-driven building rating system Secs. 110-612-110-620. Reserved. developed by the U.S. Green Building Council to Supp. No. 27 CD 110:90 ZONING § 110-622 encourage the development and implementation of green building practices. This rating system is incorporated in the categories of site, water, energy,materials,and air quality. The city desires to encourage, where practical, the use of LEED or a LEED equivalent rating system in the design of projects within the District. (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. 110 b. Water Efficiency (WE). The project shall incorporate water-efficient landscaping as described in section 110-592; innova- tive 4110 Supp. No. 27 CD110:90.1 J 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. N 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 16-2017 1-16-18 2 82-56(a) 01-2018 2-20-18 2 110-296(6) 02-2018 4-17-18 2 2-63 • 3 Added 2-171(q) 03-2018 5-15-18 2 110-372 04-2018 6-19-18 2 110-1 110-489 110-587 110-609 07-2018 9-18-18 2 Added 70-1 Supp. No. 27 CCT:29 J 410 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 1-2 162.09(3) 78-60 34.191 Ch. 50 162.21(6) 2-287(e) ch. 50 2-288 162.22 10-92 50.041 2-288 ch. 163 22-50 50.051 2-288 58-56 60.05 2-292 110-37(a) 2-296 163.387 22-50 2-297 163.3161-163.3211 58-57 chs. 97-106 Ch. 26 163.3161 et seq. 115-15 26-1 163:3174 58-56 100.181 2-26 163.3178 82-93 101.657 26-5 163.3180(12) 86-22 ch. 106 Char. § 7.02 86-26 ch. 112,pt. III Char. §7.01 163.3180(16) 86-21 112.061 2-300 163.3180(16)(b)1 86=23 112.3135 Char., §7.03 163.3180(16)(e) 86-25 0 112.3143 2-67 163.3220 86-2 ch. 119 78-98 ch. 166 110-37 119.011 2-116 110-37(a) 119.021 2-116 166.021(1) App. A,Art. II 119.071(3) 2-63 166.021(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 0 162.05 2-257 196.075 70-1 Supp. No. 27 SLT:1 CAPE CANAVERAL CODE 0 F.S. Section F.S. Section Section this Code Section this Code 196.075(3) 70-1 403.9337 92-14 203.012 70-26 403.9338 92-2 ch. 205 Ch. 70,Art. III 413.08 54-13 70-83 ch. 458 110-489 205.043(2),(3) 70-81 458.3265 110-1 205.053 70-75 ch. 459 110-489 205.053(1) 70-74 459.0137 110-1 70-76 ch. 465 110-1 205.053(2) 70-75 ch. 468 82-32 205.053(3) 70-75 82-148 206.9925 54-9 ch. 470 62-1 215.85 2-206 ch. 471 82-322 ch. 286 Ch. 2,Art. II,Div. 471.003 82-322 3 471.005 82-322 286.0113(1) 2-63 ch. 480 10-90 286.0115 2-66 ch. 481 82-322 ch. 316 54-8 482.1562(9) 92-2 74-1 489.105 82-322 74-63 489.119 82-322 316.003 74-56.5 489.127 82-375 316.008(1)(e) 54-8 82-377 316.194 74-56 489.127(2) 82-379 316.195 34-34 489.127(5)(j) 82-384 316.293 Ch. 34,Art. V 489.127(5)(m) 82-380 316.1936 Ch. 6,Art. III,Div. 489.129 82-322111/ 2 489.131(3)(e) 70-85 316.1945 74-56 489.132(1) 82-375 Ch. 318 74-63 82-377 320.01 90-77 489.501 et seq. 30-26 320.823 82-81 501.160 18-5 82-88 ch. 509 110-1 320.8249 90-88 110-486 Ch. 337 66-1 110-490.1 339.155 86-29 ch. 515 110-582 366.02 90-50 ch. 517 10-86 370.12 Ch. 14,Art. III ch. 553 Ch. 82 373.036 90-55 82-321 373.185(1)(b) 110-685 553.36(12) 82-81 376.031 54-9 110-1 380.04 86-2 553.71 82-322 ch. 381 10-163 553.71(7) 82-322 110-609 553.73(5) 90-66 381.0065 90-55 553.73(8) 82-400(e) 381.0075 110-352 553.73(10)(k) 90-50 ch. 386,pt. I 10-62 553.77 82-322 402.302 110-1 553.79 2-286(f) ch. 403 78-275 82-322 403.91 et seq. Ch. 106,Art. II 553.79(7) 82-323 403.413 Ch. 34,Art. II 553.80 2-286(f) 403.415 Ch. 34,Art. V 553.900 Ch. 82,Art. IX 403.702 et seq. Ch. 62 556 App. A,Art. III, 403.7046 62-4 § 13.5 403.801 et seq. 106-29 ch. 561 6-52 III Supp. No. 27 SLT:2 STATE LAW REFERENCE TABLE 0 F.S. Section F.S. Section Section this Code Section this Code 6-53 791.01(4)(b) 38-81 10-108 110-1 chs. 561-568 110-171(a)(2) 110-1 110-172 ch. 794 10-90 ch. 561 et seq. Ch. 6 10-108 561.01 6-51 80-1 - 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 4111 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 ch. 718 78-276 10-169 847.013 10-90 110-404 110-723 847.0133 10-90 115-15 847.0134 10-101 ch. 849 10-200 760.34 36-4 54-14 768.28 Char. Art. XXIV, 849.231 54-14 § 11, 856.015 54-14 Char. Art. XXIV, § 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 2-294 790.33 54-11 ch. 895 10-108 ch. 791 Ch. 38,Art. IV ch. 943 2-284 0 791.01 54-11 943.25(13) 50-3 110-1 Supp. No. 27 SLT:3 J CODE INDEX 0 Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Interior landscaping for offstreet park- Planned developments ing areas 110-567 Building permit 110-725 Location spaces 110-492 Common open space, drainage Number of spaces required 110-491 systems, and other related R-1 Low Density Residential District 110-278 common facilities 110-723 R-2 Medium Density Residential Definitions 110-720 District 110-298 Enforcement 110-727 R-3 Medium Density Residential Permitted uses 110-722 District 110-318 Physical review 110-724 Residential planned unit develop- Planned development plans ments 110-442 Application procedures 110-740 Townhouses 110-374 Concept plan 110-741 Open space Land use plan 110-742 Duplicate use of 110-252 Site/construction plan 110-743 Outside storage 110-457 Purpose and intent 110-721 Pain management clinic regulations... 110-489 Revocation 110-726 Parking Planning and zoning board 110-3 AlA Economic Opportunity Overlay Preservation Residential planned unit develop- District 110-668 et seq. ments 110-445 See within this subheading:Park- Principal uses and structures ing C-1 Low Density Commercial District 110-332 C-1 Low Density Commercial District 110-338 C-2 Commercial/Manufacturing C-2 Commercial/Manufacturing District 110-341 District 110-347, 110- M-1 Light Industrial and Research 349 and Development District 110-352 Certain vehicles 110-554 R-2 Medium Density Residential 0 M-1 Light Industrial and Research District 110-292 and Development District 110-358, 110- Private roads and other related common 360 facilities R-3 Medium Density Residential Residential planned unit develop- District ments 110-404 Protection of public beach-end Prohibited uses and structures parking 110-321 C-2 Commercial/Manufacturing Parking space District 110-344 Duplicate use of 110-252 M-1 Light Industrial and Research Paving of vehicular use area 110-555 and Development District 110-355 Penalties for violations 110-89 R-1 Low Density Residential District 110-275 Performance standards R-2 Medium Density Residential Application of 110-456 District 110-295 M-1 Light Industrial and Research R-3 Medium Density Residential and Development District 110-359 District 110-315 Permissible uses and structures Public land R-1 Low Density Residential District 110-272 Dedicated 110-476 R-3 Medium Density Residential R-1 Low Density Residential District District 110-312 Accessory uses and structures 110-273 Permits Area and dimensions 110-276 Application 110-107 Intent 110-271 Expiration 110-108 Minimum setbacks 110-277 Required 110-106 Offstreet parking and access 110-278 Temporary alcoholic beverage permits 110-172 Principal uses and structures 110-272 Permitted home occupation 110-521 Prohibited uses and structures 110-275 Permitted uses Special exceptions permissible by Residential planned unit develop- board of adjustment 110-274 ments 110-403 R-2 Medium Density Residential District 110-296 Townhouses 110-371 Accessory uses and structures 110-293 Physical review Area and dimension 110-296 0 Residential planned unit develop- Intents 110-291 ments 110-405 Minimum setbacks 110-297 Supp. No. 27 CDi:27 CAPE CANAVERAL CODE 0 Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Offstreet parking and access 110-298 Procedure for receiving approval Principal uses and structures 110-292 of preliminary development Prohibited uses and structures 110-295 plan and tentative zoning .. 110-422 Special exceptions permissible by Enforcement 110-409 board of adjustment 110-294 Land use regulations R-3 Medium Density Residential District Development standards 110-444 Accessory uses and structures 110-313 Maximum density 110-437 Areas and dimensions 110-316 Maximum length of structures... 110-440 Assisted living facilities 110-488 Minimum common recreation and Dune crossovers required 110-320 open space 110-438 Intent 110-311 Minimum floor area 110-441 Minimum breeze requirement 110-319 Minimum lot area; frontage; Minimum setbacks 110-317 setbacks;accessory uses.... 110-439 Offstreet parking and access 110-318 Minimum size 110-436 Principal uses and structures 110-312 Offstreet parking 110-442 Prohibited uses and structures 110-315 Preservation of trees 110-445 Protection of public beach-end park- Underground utilities 110-443 ing 110-321 Permitted uses 110-403 Special exception permissible by board Physical review 110-405 of adjustment 110-314 Purpose and intent 110-402 Recreational vehicles Termination zone 110-408 Location of 110-551 Residential use antennas 110-478 Regulations pertaining to specific districts. See within specific Rezoning.See herein:Variances,Special districts as indexed Exceptions,Rezonings,Administra- Rental restrictions on dwelling units.. 110-487 tive Appeals Repairs and maintenance Satellite dishes 110-478 Nonconformities 110-198 Schedule of fees,charges and expenses 110-92 Research and development districts Screening M-1 Light Industrial and Research C-1 Low Density Commercial District 110-338 4110 and Development District 110-351 et seq. C-2 Commercial/Manufacturing See within this subheading: M-1 District 110-347 Light Industrial and Commercial or industrial districts 110-566 Research and Development M-1 Light Industrial and Research District and Development District 110-358 Residential districts Setbacks R-1 Low Density Residential District 110-271 et seq. Building setback lines 110-536 See within subheading: R-1 Low C-1 Low Density Commercial District, Density Residential District minimum setbacks 110-337 R-2 Medium Density Residential C-2 Commercial/Manufacturing District 110-291 et seq. District 110-346 See within subheading: R-2 District 110-251 Medium Density Residential Duplicate use of 110-252 District Encroachments 110-538 R-3 Medium Density Residential Erection of more than one principal District 110-311 et seq. structure on lot 110-537 See within subheading: R-3 M-1 Light Industrial and Research Medium Density Residential and Development District 110-357 District R-1 Low Density Residential District, Residential planned unit developments minimum setbacks 110-277 Bonding 110-407 R-2 Medium Density Residential Building permit 110-406 District 110-297 Common open space, drainage R-3 Medium Density Residential systems,private roads and other District,minimum setbacks 110-317 related common facilities 110-404 Residential planned unit develop- Development plans ments 110-439 Application 110-421 Swimming pools,minimum 110-584 Procedure for approval of final Townhouses,minimum setbacks110-373 development plan 110-423 Sewage disposal 110-479ell Supp. No. 27 CDi:28 CODE INDEX 410 Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Shopping centers and retail stores using• Offstreet parking 110-374 outside display 110-458 Permitted use 110-371 Sidewalks Utilities 110-375 Required 110-475 Underground utilities Signs 94-64(a) Residential planned unit develop- Single-family mobile home districts ments 110-443 Nonconformities 110-192 Required 110-482 Single-family residential second kitchen Unusual uses or uses not specifically facility 110-462 permitted 110-257 Site plans Uses Criteria required 110-222 Approved by special exceptions 110-161 Expiration 110-224 Utilities Review procedures 110-223 Townhouses 110-375 Submittal and review required 110-221 Underground,required 110-482 Special exceptions Vacation rentals 110-486 Alcoholic beverages Vacation resort campus 110-490.1 Establishment serving alcoholic Variances, special exceptions, rezon- beverages 110-171 ings, administrative appeals; Temporary alcoholic beverage procedures permits 110-172 Abandonment 110-32 Structures and uses approved by Administrative appeals 110-40 special exception 110-161 Appellate review 110-33 Variances,special exceptions,rezon- Applications 110-29 ings, administrative appeals. Attendance required at public hear- See herein that subject ings;postponement of hearings 110-30.1 Special exceptions permissible by board Authority 110-27 of adjustment Due process 110-28 4110 C-1 Low Density Commercial District 110-334 Expiration of variance or special M-1 Light Industrial and Research exception;abandonment 110-32 and Development District 110-354 Intent and purpose 110-26 R-1 Low Density Residential District 110-274 Reconsideration 110-31 R-2 Medium Density Residential Rezonings District 110-294 Procedure 110-35 R-3 Medium Density Residential Rezoning applicant obligations110-34 District 110-314 Special exception Storing Applicant obligations 110-38 Certain vehicles 110-554 Procedure 110-39 Streets Special notice requirements 110-28 Requirements for structures 110-255 Staff review;application deficiencies 110-30 Structures. See within subheading: Variances Buildings Applicant obligations 110-36 Swimming pools Procedure 110-37 Accessories 110-583 Vegetation. See within this subhead- Barriers 110-582 ing: Landscaping or Vegetation Construction and location 110-581 Vehicles and vessels Minimum setbacks 110-584 Living aboard boats 110-552 Temporary uses Living or residing in boats, utility Nonconformities 110-199 trailers, recreational vehicles Termination zone and special purpose vehicles .. 110-553 Residential planned unit develop- Location of recreational vehicles, ments 110-408 camping equipment, boats and Towers boat trailers 110-551 Wireless communications 110-483 Parking and storage of certain Townhouses vehicles 110-554 Area and dimensions 110-372 Paving of vehicular use areas 110-555 Building permit 110-378 Vehicle rental facility 110-556 Development schedule 110-379 Vehicular use areas,paving of 110-555 4110 Individually platted lots 110-377 Vessels. See within this subheading: Minimum setbacks 110-373 Vehicles and Vessels Supp. No. 27 CDi:29 CAPE CANAVERAL CODE 0 Section Section LAND DEVELOPMENT CODE(Cont'd.) LICENSES AND PERMITS(Cont'd.) Veterinary hospital 110-460 Building sewers Visibility at intersections 110-469 Permit for connections 78-77 Water areas 110-474 Buildings and building regulations 82-1 et seq. Width See: LAND DEVELOPMENT CODE Courts,minimum width of 110-473 Community appearance review board Wireless communications towers and Permits antennas 110-483 Appeals and review 22-46 Zoning districts. See herein:Zoning Application criteria 22-44 LANDSCAPING Approval prerequisite for permits22-40 Appearance and maintenance 34-99 Building permits;enforcement 22-47 Land development code regulations re Notice of approval or denial 22-43 zoning 110-26 et seq. Concurrency management system 86-1 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Landscape irrigation Construction site stormwater runoff control Applicability;purpose and intent 91-2 Permits 90-201 Definitions 91-1 Excavations Enforcement and penalties 91-7 Street excavation permit requirements 66-81 et seq. Exceptions to landscape irrigation Fees schedule in general. See: FEES schedules 91-4 (Appendix B) Landscape irrigation schedules 91-3 Fireworks permit(public display) 38-82 et seq. Required irrigation system technology. 91-5 Floodplain management 90-26 et seq. Variance from specific day of the week See: LAND DEVELOPMENT CODE limitations 91-6 Land development code regulations re Sanitary sewer system 78-26 et seq. zoning 110-26 et seq. See: SEWERS AND SEWAGE See:LAND DEVELOPMENT CODE DISPOSAL Land development code;zoning Tree protection,land clearing 102-36 et seq. Nonconformities See:LAND DEVELOPMENT CODE Special permit 110-200 11111 LAW ENFORCEMENT Motion and still photography production Alarm systems generally 30-26 et seq. permits 16-60 et seq. See:ALARM SYSTEMS See:PHOTOGRAPHY Impact fees generally 2-231 et seq. Outdoor entertainment events 10-61 et seq. See:IMPACT FEES See: OUTDOOR ENTERTAINMENT Police department 42-26 EVENTS Sewer impact fee requirements 78-125 LEASES Sexually oriented business license 10-93 et seq. Certain ordinances not affected by Code . 1-10(a)(2) Signs City attorney Land development code regulations 94-1 et seq. Duties 2-126(6) See:LAND DEVELOPMENT CODE LIBRARY Solicitors,peddlers and itinerant merchants Established 46-1 permit requirement 16-51 et seq. See: PEDDLERS, CANVASSERS AND Fees schedule in general. See: FEES SOLICITORS (Appendix B) Street excavation permit requirements66-81 et seq. Impact fees generally 2-231 et seq. See:IMPACT FEES See: STREETS, SIDEWALKS AND Library board OTHER PUBLIC WAYS Created 46-26 Temporary storage units(permit) 82-400 Expenditures 46-27 Tree protection,land clearing 102-39, 102-40 Indebtedness 46-33 Vehicles for hire Liability of city limited 46-31 Certificate of public convenience and Meetings 46-30 necessity license 80-26 et seq. Reports to council 46-32 Driver's permit 80-51 et seq. Licenses and fees to be in addition to LICENSES AND PERMITS other taxes and charges 80-3 Adult entertainment establishment license 10-93 et seq. Vested rights 115-3 et seq. Alarm systems 30-27 et seq. See:VESTED RIGHTS See:ALARM SYSTEMS Wastewater discharge permits 78-981110 Supp. No. 27 CDi:30 CODE INDEX 41) Section Section LIENS LITTER AND LITTERING(Cont'd.) Abandoned property Property maintenance standards 34-91 et seq. Collection of lien on private property re See: PROPERTY MAINTENANCE towing,storage,expenses 34-188 STANDARDS Application for satisfaction, release, or Public places,litter in 34-29 reduction, of code enforcement liens 2-260 Receptacles,placement in 34-30 Code enforcement River or other body of water,throwing in 34-36 Criminal nuisance abatement board Sidewalks Penalties;fines;liens;recording.... 2-297 Merchant's duty to keep sidewalks free of litter 34-32 LIFE SAFETY CODE. See: FIRE PREVEN- Truck loads 34-34 TION Unlawful deposit 34-28 Vacant lots,depositing on 34-39 LIGHT INDUSTRIAL DISTRICT Vehicles Land development code regulations re Litter throwing by persons in vehicle34-33 zoning 110-26 et seq. Wetlands protection 106-26 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE LIGHTS AND LIGHTING LOADING AND UNLOADING Definitions 34-206 Offstreet loading Exceptions 34-210 Land development code regulations re Method of measurement 34-211 zoning 110-26 et seq. Policy established 34-207 See:LAND DEVELOPMENT CODE Sea turtles Out of repair vehicles Publicly owned lighting regulations 14-57 Noises,enumeration of prohibited 34-153(7) Signs 94-63 Solid waste LOADS Transporting regulations 62-7 Truck loads causing litter 34-34 0 Spill-over lighting standards established. 34-209 LOCAL IMPROVEMENTS. See: PUBLIC Vehicles for hire 80-76(c) WORKS AND IMPROVEMENTS LIQUEFIED PETROLEUM GAS LOCAL PLANNING AGENCY Land development code Zoning;liquefied petroleum gas 110-485 Designation and establishment 58-56 et seq. Public service tax 70-26 et seq. See:PLANNING AND DEVELOPMENT See:TAXATION LOTS Land development code regulations re LITTER AND LITTERING zoning 110-26 et seq. Abatement;assessment 34-43 See:LAND DEVELOPMENT CODE Aircraft,dropping from 34-35 Subdivisions Burial of trash,rubbish or other debris 34-41 Land development code regulations ... 98-1 et seq. Definitions 34-26 See:LAND DEVELOPMENT CODE Enforcement 34-42 Gutters,sweeping into prohibited 34-31 LOUDSPEAKERS Handbills Noises,enumeration of prohibited 34-153(3) Depositing on uninhabited or vacant premises 34-53 Distribution prohibited where property M posted 34-54 MALT BEVERAGES. See: ALCOHOLIC Inhabited private premises, distribu- BEVERAGES tion at 34-55 Throwing or distributing in public places 34-51 MANUFACTURED GAS Vehicles,placing on 34-52 Public service tax 70-26 et seq. Merchant's See:TAXATION Duty to keep sidewalks free of litter... 34-32 MAPS. See:SURVEYS,MAPS AND PLATS Occupied private property,depositing on. 34-37 Owner's maintenance of premises 34-38 MARQUEES Parks and recreation Signs 0 Pollution and litter 54-9 Land development code regulations ... 94-1 et seq. Posting notices prohibited 34-40 See:LAND DEVELOPMENT CODE Supp. No. 27 CDi:31 CAPE CANAVERAL CODE 0 Section Section MAYOR MOTOR VEHICLES AND TRAFFIC(Cont'd.) City manager Fire lanes Powers and duties 2-101(3) Designation of 74-62 Civil emergencies generally 18-1 et seq. Handbills See: CIVIL EMERGENCIES Placing in vehicles 34-52 Persons authorized to declare 18-2 Land development code regulations re MEDICAL SERVICES zoning 110-26 et seq. Fire protection services;emergency medi- See:LAND DEVELOPMENT CODE cal services 38-56 Litter Land development code Throwing by person in vehicles 34-33 Zoning Maps Pain management clinic regulations 110-489 Truck routes 74-31 No parking zone,authority to establish 74-58 MERCHANTS.See:PEDDLERS,CANVASS- Noises ERS AND SOLICITORS Exhausts 34-153(6) METERS Horns,signal devices 34-153(1) Franchise regulations in general. See: Out of repair vehicles 34-153(7) FRANCHISES(Appendix A) Out of repair vehicles Outdoor entertainment events Noises,enumeration of prohibited 34-153(7) Permit;metered parking 10-72 Overnight parking 74-61 Taximeters 80-76(0 Parking,stopping and standing County's civil traffic infraction hearing MINORS officer program adopted 74-63 Fireworks Dune parking prohibited 74-59 Operator regulations 38-85 Fire lanes,designation of 74-62 Sexually oriented businesses, adult No parking zones,authority to establish 74-58 entertainment establishments 10-86 et seq. Overnight parking 74-61 Unlawful provisions re minors 10-122 Penalties 74-57 MOBILE HOMES AND MOBILE HOME Prohibited in rights-of-way 74-56.50 PARKS State law adopted 74-56 Floodplain management 90-26 et seq. Truck parking 74-60 See:LAND DEVELOPMENT CODE Parks and recreation;traffic 54-8 Land development code regulations re Signs zoning 110-26 et seq. Land development code regulations ... 94-1 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Land development code;zoning Truck routes 74-32 Nonconformities Solicitors,peddlers and itinerant merchants 16-26 et seq. Mobile home parks and single-family. See: PEDDLERS, CANVASSERS AND mobile home districts 110-192 SOLICITORS Solid waste MONIES OF CITY. See:FINANCES Transporting regulations 62-7 MONTHS Stopping and standing. See herein:Park- Definitions and rules of construction 1-2 ing,Stopping and Standing Public service tax,monthly computation 70-34 Through streets,parking,etc. Certain ordinances not affected by Code 1-10(a)(8) MONUMENTS AND MARKERS Travel on other than streets or highways 74-1 Subdivisions Trucks Land development code regulations 98-1 et seq. Applicability of provisions 74-27 See:LAND DEVELOPMENT CODE Definitions 74-26 MOTOR VEHICLES AND TRAFFIC Exceptions 74-29 Alcoholic beverages Parking 74-60 Motor vehicle regulations 6-51 et seq. Penalties 74-28 See:ALCOHOLIC BEVERAGES Truck loads 34-34 Concurrency management system 86-1 et seq. Truck routes See: MOTOR VEHICLES AND TRAF- Established 74-30 FIC Inside origin 74-30(2) Dune parking prohibited 74-59 Maps of truck routes 74-31 Exhaust Outside origin 74-30(1) Noises,enumeration of prohibited 34-153(6) Signs for truck routes 74-32ID Supp. No. 27 CDi:32 CODE INDEX Section Section MOTOR VEHICLES AND TRAFFIC(Cont'd.) Vehicles for hire 80-1 et seq. See:VEHICLES FOR HIRE MOTORBOATS. See:BOATS,DOCKS AND WATERWAYS MUFFLERS Noises,enumeration of prohibited 34-153(6) MUSICAL INSTRUMENTS Noises,enumeration of prohibited 34-153(2) N NATURAL DISASTERS. See: CIVIL EMERGENCIES NATURAL GAS Public service tax 70-26 et seq. See:TAXATION NOISE Construction noise 34-154 Declaration of policy to prohibit noise34-151 4111 Supp. No. 27 CDi:32.1 J CODE INDEX • 0 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 Appeals and arbitrations 98-5 Generally Definitions 98-1 Division of land;review and approval 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) Variance98 ApplicationApplication 98-67(b)(1) 98-4(bb)) Review and criteria 98-67(b)(2) Conditions 98-4(e) Hardship 98-4(a) Recording 98-67(d)Prerequisites to granting s 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 /� Sewers 98-90 OTHER PUBLIC WAYS Streets 98-92 Wetlands protection 106-26 et seq. Supp. No. 27 CDi:43 CAPE CANAVERAL CODE Section Section 0 SUITS,ACTIONS AND OTHER PROCEED- TAXATION(Cont'd.) INGS Multiple receipt 70-78 Codes does not affect prior acts committed Penalty for failure to obtain or renew or done 1-8 receipt 70-75 Effect of repeal of ordinances on suits or Preservation,display of receipt 70-79 proceedings pending 1-9(b) Rate schedule 70-89 SURFACE DRAINAGE Receipt required; payment of tax prerequisite to issuance 70-69 Subdivisions Receipt year;tax payment date;term of Land development code regulations ... 98-1 et seq. See:LAND DEVELOPMENT CODE receipt;proration of tax 70-74 Records of issued receipts 70-86 SURVEYS,MAPS AND PLATS Records of licensees 70-87 Amendment to zoning map Records of receipts 70-87 Certain ordinances not affected by Code 1-10(a)(9) Refunds 70-82 Dedicating or accepting Separate receipt required for each place Certain ordinances not affected by Code 1-10(a)(12) of business 70-77 Franchise regulations in general. See: Transfer of receipt 70-81 FRANCHISES(Appendix A) Violations and penalties 70-68 Planning and development Local improvements Notice requirement for amendments to Certain ordinances not affected by Code 1-10(a)(11) future land use map 58-1 Outdoor entertainment events Subdivisions Local business tax receipt required.... 10-49 Land development code regulations 98-1 et seq. Public service tax See:LAND DEVELOPMENT CODE Applicability 70-28 Truck routes,map of 74-31 Appropriation of revenue 70-44 Authority;findings 70-27 SWEAR OR SWORN.See:OATH,AFFIRMA- Collection 70-35 TION,SWEAR OR SWORN Computation 70-32 SWIMMING POOLS Continuance of tax and appropriation 70-45 • Land development code regulations re Definitions 70-26 zoning 110-26 et seq. Discontinuance of utilities service 70-39 See:LAND DEVELOPMENT CODE Exemptions 70-30 Failure to pay tax Collected 70-38 T Generally 70-42 TAXATION Levied 70-29 Additional homestead exemption for Monthly computation 70-34 persons 65 and older 70-1 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. Supp. No. 27 CDi:44 CODE INDEX Section Section TECHNICAL CODES(Cont'd.) Coastal construction code 82-88 et seq. Supp. No. 27 CDi:44.1