HomeMy WebLinkAboutSupplement 290
SUPPLEMENT NO. 29
September 2020
CODE OF ORDINANCES
City of
CAPE CANAVERAL, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this time
through:
Resolution No. 2020-01, adopted June 16, 2020.
See the Code Comparative Table for further information.
Remove Old Pages
xvii—xix
Checklist of up-to-date pages
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TABLE OF CONTENTS—Cont'd.
Chapter Page
92. Fertilizer Land Application CD92:1
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 CD 102:1
Art. I. In General CD 102:3
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 CD 106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:11
Art. II. Procedure; Land Use Decisions CD110:19
Div. 1. Generally CD110:19
Supp. No. 29 xvii
Chapter
CAPE CANAVERAL CODE
Div. 2. Rezonings
Div. 3. Variances
Div. 4. Special Exceptions
Div. 5. Administrative Appeals .........
Art. III. Administration and Enforcement
Div. 1. Generally
Div. 2. Permits
Div. 3. Certificate of Occupancy ....
Div. 4, Reserved
Art. IV. Special Exceptions
Div. 1. Generally
Div. 2. Alcoholic Beverages
Art. V. Nonconfolluities
Art. VI. Site Plans
Art. VII. Districts .................
Div. 1. Generally ........... ...............
Div. 2. R-1 Low Density Residential District
Div. 3. R-2 Medium Density Residential District
Div. 4. R-3 Medium Density Residential District
Div. 5. C-1 Low Density Commercial District
Div. 6. C-2 Commercial/Manufacturing District
Div. 7. M-1 Light Industrial and Research and
Development District CD110:46.10
Div. 8. Townhouses CD110:46.16
Div. 9. Public Recreation (PUB/REC) CD110:46.18
Div. 10. Conservation (CON) CD110:46.19
Art. VIII. Residential Planned Unit Developments CD110:46.20
Div. 1. Generally CD110:46.20
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. A1A Economic Opportunity Overlay DistrictCD110:81
Div. 1. Generally
Div. 2. Administration
Div. 3. Site Planning
Div. 4. Architectural Guidelines
Div. 5. Parking
Page
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CD110:94
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
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TABLE OF CONTENTS—Cont'd.
Chapter Page
Div. 2. Planned Development Plans CD110:105
111-114. Reserved CD111:1
115. Vested Rights CD115:1
Art. I. In General CD115:3
Art. II. Residential Densities CD115:7
A. Franchises CDA: 1
Art. I. Cable Television Franchise (Reserved) CDA:3
Art. II. Electric CDA:14
Art. III. Gas Franchise Agreement CDA:17
Art. IV. Telephone (Reserved) CDA:28
Art. V. Water Franchise ....... ........... CDA:28
Art. VI. Solid Waste Franchise Agreement CDA:28
B. Schedule of Fees CDB:1
Code Comparative Table —Laws of Florida. ............. CCT:1
Code Comparative Table-1981 Code CCT:3
Code Comparative Table —Ordinances and Resolutions ...... CCT:9
State Law Reference Table SLT:1
Charter Index CHTi:1
Code Index CDi:1
Supp. No. 29 xix
Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplemen()
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 deterrnine
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In the first column all page numbers are listed in sequence. The second column reflects
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In addition to assisting existing holders of the Code, this list may be used in compiling
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SUPPLEMENT HISTORY TABLE
Ord. No.
Date
Adopted
Include/
Omit
Supp. No.
04-2015
3-17-15
Include
24
05-2015
6-16-15
Include
24
06-2015
7-21-15
Include
24
07-2015
8-18-15
Include
24
09-2015
9-22-15
Include
24
Supp. No. 25
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. No. 26
01-2017
1-17-17
Include
26
02-2017
1-17-17
Include
26
03-2017
2-21-17
Include
26
04-2017
4-18-17
Include
26
05-2017
6-20-17
Omit
26
06-2017
6-20-17
Include
26
08-2017
7-18-17
Include
26
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. 27
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
Supp. No. 28
05-2019
2-19-19
Include
28
09-2019
5-21-19
Include
28
2019-05(Res.)
5-21-19
Include
28
2019-09(Res.)
5-21-19
Omit
28
10-2019
6-18-19
Include
28
11-2019
6-18-19
Include
28
Supp. No. 29
15-2019
11-19-19
Include
29
17-2019
11-19-19
Include
29
19-2019
1-21-20
Include
29
20-2019
1-21-20
Include
29
01-2020
2-18-20
Include
29
Supp. No. 29
SH:3
CAPE CANAVERAL CODE
---'
Ord. No.
Date
Adopted' 1
:au('
lu
`': Omit ,,, ..„
Q
N
Supp, N.
02-2020
4-21-20
Include
29
2020-01(Res.)
6-16-20
Include
29
Supp. No. 29
SH:4
ELECTIONS § 26-5
Sec. 26-1. State election code adopted.
The state election code, F.S. chs. 97-106, is
adopted as the procedure for conducting municipal
elections within the city. The duties, authority
and responsibility of state and county officers,
board and bodies set forth in the state election
code shall apply to the corresponding municipal
entities in the conduct of municipal elections.
(Code 1981, § 211.01)
Sec. 26-2. Penalties for violations.
All penalties for violations as provided in the
state election code adopted in this chapter are
specifically adopted as the penalties for viola-
tions of such code as they pertain to municipal
elections conducted within the city.
(Code 1981, § 211.02)
Sec. 26-3. Qualifying period —Generally.
Candidates for the offices of the mayor and
city council shall qualify and pay the applicable
qualifying fee and assessment during regular
business hours of the city at any time after 12:00
noon of the 92nd day prior to the municipal
election and no later than 12:00 noon of the 81st
day prior to the date of the municipal election.
However, in the event that the first or last filing
day falls on a Saturday, Sunday or legal holiday,
then, as may be applicable, the subject first filing
date shall be rescheduled to the next regular
business day and the last filing date shall be
rescheduled to the last preceding regular busi-
ness day.
(Code 1981, § 211.04; Ord. No. 10-2002, § 1,
6-4-02; Ord. No. 08-2006, § 2, 6-20-06; Ord. No.
08-2008, § 2, 7-1-08; Ord. No. 02-2020, § 2,
4-21-20)
Sec. 26-4. Reserved.
Editor's note —Ord. No. 08-2006, § 2, adopted June 20,
2006, deleted § 26-4, which pertained to same —write-in
candidates and derived from Code 1981, § 211.05; and Ord.
No. 10-2002, § 2, adopted June 4, 2002.
Sec. 26-5. Early voting exemption.
The city is hereby exempt from the early
voting provisions of F.S. § 101.657. From time to
time, the city may contract with the Brevard
County Supervisor of Elections to conduct early
voting for the city at the office of the supervisor
of elections and any other early voting sites the
supervisor may establish in public libraries, city
halls, or any other facilities approved by the
supervisor.
(Ord. No. 17-2004, § 2, 10-5-04)
Editor's note —Ord. No. 17-2004, § 2, adopted Oct. 5,
2004, added § 26-4 to the Code. Inasmuch as said section
already existed, at the editor's discretion the new provisions
were codified as § 26-5 to maintain the numerical sequence of
the Code.
Supp. No, 29 CD26:3
Chapter 110
ZONING*
Article I. In General
Sec. 110-1. Definitions.
Sec. 110-2, Board of adjustment.
Sec. 110-3. Planning and zoning board.
Secs. 110-4-110-25. Reserved.
Article II. Procedure; Land Use Decisions
Division 1. Generally
Sec. 110-26. Intent and purpose.
Sec. 110-27. Authority.
Sec. 110-28. Due process; special notice requirements.
Sec. 110-29. Applications.
Sec. 110-30. Staff review; application deficiencies.
Sec. 110-30.1. Attendance required at public hearings; postponement of hear-
ings.
Sec. 110-31. Reconsideration of rezonings, variances, special exceptions or
administrative appeals.
Sec. 110-32. Expiration of variance or special exception; abandonment.
Sec. 110-33. Appellate review.
Division 2. Rezonings
Sec. 110-34. Rezoning applicant obligations.
Sec. 110-35. Procedure.
Division 3. Variances
Sec. 110-36. Variance applicant obligations.
Sec. 110-37. Procedure.
Division 4. Special Exceptions
Sec. 110-38. Special exception applicant obligations.
Sec. 110-39. Procedure.
Division 5. Administrative Appeals
Sec. 110-40. Administrative appeals.
Secs. 110-41-110-85. Reserved.
Article III. Administration and Enforcement
Division 1. Generally
Sec. 110-86. Conflicts with other ordinances.
Sec. 110-87. Enforcement of chapter.
*Cross references —Possession of alcoholic beverages on streets, alleys, sidewalks and parking areas restricted, § 6-51;
outdoor entertainment, § 10-46 et seq.; adult entertainment, § 10-86 et seq.; businesses, ch. 16; community development, ch. 22;
environment, ch. 34; noise, § 34-151 et seq.; planning, ch. 58; coastal construction code, § 82-81 et seq.; floods, ch. 90; fertilizer
land application, ch. 92.
Supp. No. 29 CD110:1
CAPE CANAVERAL CODE
Sec. 110-88. Duties of building official.
Sec. 110-89. Penalties for violation.
Sec. 110-90. Complaints of violations.
Sec. 110-91. Conformity to plans, specifications, intended uses and applica-
tions.
Sec. 110-92. Schedule of fees, charges and expenses.
Secs. 110-93-110-105. Reserved.
Division 2. Permits
Sec. 110-106. Required.
Sec. 110-107. Application.
Sec. 110-108. Expiration.
Secs. 110-109-110-120. Reserved.
Division 3. Certificate of Occupancy
Sec. 110-121. Required.
Sec. 110-122. Hotels and motels.
Secs. 110-123-110-135. Reserved.
Division 4. Reserved
Secs. 110-136-110-160. Reserved.
Article IV. Special Exceptions
Division 1. Generally
Sec. 110-161. Structures and uses approved by special exception.
Secs. 110-162-110-170. Reserved,
Division 2. Alcoholic Beverages
Sec. 110-171. Establishments serving alcoholic beverages.
Sec. 110-172. Temporary alcoholic beverage permits.
Secs. 110-173-110-190. Reserved.
Article V. Nonconformities
Sec. 110-191. Intent; rules of interpretation; building and fire codes; defini-
tions.
Sec. 110-192. Mobile home parks and single-family mobile home districts.
Sec. 110-193. Continuance of nonconforming structures.
Sec. 110-194. Continuance of nonconforming uses of land.
Sec. 110-195, Nonconforming uses of structures or of structures and premises
in combination; change of use.
Sec. 110-196. Nonconforming lots of record.
Sec. 110-197. Abandonment.
Sec. 110-198. Repairs and maintenance.
Sec. 110-199. Temporary uses.
Sec. 110-200. Special permit.
Secs. 110-201-110-220. Reserved,
Article VI. Site Plans
Sec. 110-221. Submittal and review required.
Sec. 110-222. Requirements and review criteria.
Sec. 110-223. Review procedures.
Supp. No. 29 CD110:2
O
L
O
ZONING
Sec. 110-223.5. Reserved.
Sec. 110-224. Expiration.
Secs. 110-225-110-245. Reserved.
Sec. 110-246.
Sec. 110-247.
Sec. 110-248.
Sec. 110-249.
Sec. 110-250.
Sec. 110-251.
Sec. 110-252.
Sec. 110-253.
Sec. 110-254.
Article VII. Districts
Division 1. Generally
Official zoning map -Adopted.
Same -Replacement.
Rules for interpretation of district boundaries.
Application of district requirements.
Conformity.
Structure height, maximum units, lot area, setbacks.
Duplicate use of setbacks, open space, parking space.
Reuse of area used for density calculations.
Dimension or area reduction below minimum.
Sec. 110-255. Lot and street requirements for structures.
Sec. 110-256. Zoning classification of annexations.
Sec. 110-257. Unusual uses or uses not specifically permitted.
Secs. 110-258-110-270. Reserved.
Sec. 110-271.
Sec. 110-272.
Sec. 110-273.
Sec. 110-274.
Sec. 110-275.
Sec. 110-276.
Sec. 110-277.
Sec. 110-278.
Division 2. R-1 Low Density Residential District
Intent.
Principal uses and structures.
Accessory uses and structures.
Special exceptions permissible by board of adjustment.
Prohibited uses and structures.
Area and dimensions.
Minimum setbacks.
Offstreet parking and access.
Secs. 110-279-110-290. Reserved.
Division 3. R-2 Medium Density Residential District
Sec. 110-291.
Sec. 110-292.
Sec. 110-293.
Sec. 110-294.
Sec. 110-295.
Sec. 110-296.
Sec. 110-297.
Sec. 110-298.
Intent.
Principal uses and structures.
Accessory uses and structures.
Special exceptions permissible by board of adjustment.
Prohibited uses and structures.
Area and dimension.
Minimum setbacks.
Offstreet parking and access.
Secs. 110-299-110-310. Reserved.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Division 4. R-3 Medium Density Residential District ,
110-311. Intent.
110-312. Principal uses and structures.
110-313. Accessory uses and structures.
110-314. Special exceptions permissible by board of adjustment.
110-315. Prohibited uses and structures.
110-316. Area and dimensions.
110-317. Minimum setbacks.
110-318. Offstreet parking and access.
110-319. Minimum breeze requirement.
110-320. Dune crossovers required.
110-321. Protection of public beach -end parking.
Supp. No. 29 CD110:3
CAPE CANAVERAL CODE
Secs. 110-322-110-330. Reserved.
Division 5. C-1 Low Density Commercial District
Sec. 110-331. Intent; applicability.
Sec. 110-332. Principal uses and structures.
Sec. 110-333. Accessory uses and structures.
Sec. 110-334. Special exceptions permissible by board of adjustment.
Sec. 110-335. Prohibited uses and structures.
Sec. 110-336. Area and dimensions.
Sec. 110-337. Minimum setbacks.
Sec. 110-338. Landscaping, screening and parking.
Sec. 110-339. Offstreet parking and access.
Division 6. C-2 Commercial/Manufacturing District
Sec. 110-340. Intent; applicability.
Sec. 110-341. Principal uses and structures.
Sec. 110-342. Accessory uses and structures.
Sec. 110-343. Special exceptions permissible by the board of adjustment.
Sec. 110-344. Prohibited uses and structures.
Sec. 110-345. Area and dimensions.
Sec. 110-346. Minimum setbacks.
Sec. 110-347. Landscaping, screening and parking.
Sec. 110-348. Performance standards.
Sec. 110-349. Parking and loading.
Sec. 110-350. Reserved.
Division 7. M-1 Light Industrial and Research and Development District
Sec. 110-351. Intent; applicability.
Sec. 110-352. Principal uses and structures.
Sec. 110-353. Accessory uses and structures.
Sec. 110-354. Special exceptions permissible by board of adjustment.
Sec. 110-355. Prohibited uses and structures.
Sec. 110-356. Area and dimensions.
Sec. 110-357. Minimum setbacks.
Sec. 110-358. Landscaping, screening and parking.
Sec. 110-359. Performance standards.
Sec. 110-360. Parking and loading.
Secs. 110-361-110-370. Reserved.
Division 8. Townhouses
Sec. 110-371. Permitted use.
Sec. 110-372. Area and dimensions.
Sec. 110-373. Minimum setbacks.
Sec. 110-374. Offstreet parking.
Sec. 110-375. Utilities.
Sec. 110-376. Reserved.
Sec. 110-377. Individually platted lots.
Sec. 110-378. Building permit.
Sec. 110-379. Development schedule.
Division 9. Public Recreation (PUB/REC)
Sec. 110-380. Intent.
Sec. 110-381. Principal uses and structures.
Sec. 110-382. Accessory uses and structures
Sec. 110-383. Special exceptions permissible by the board of adjustment.
Supp. No. 29 CD110:4
ZONING
Sec. 110-384. Prohibited uses and structures.
Sec. 110-385. Area and dimensions.
Sec. 110-386. Minimum setbacks.
Sec. 110-387. Off-street parking and access.
Division 10. Conservation (CON)
Sec. 110-388. Intent.
Sec. 110-389. Principle uses and structures.
Sec. 110-390. Accessory uses and structures.
Sec. 110-391. Prohibited uses and structures.
Sec. 110-392. Area and dimensional standards.
Sec. 110-393. Minimum setbacks,
Sec. 110-394. Off-street parking and access.
Secs. 110-395-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
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.
Supp. No. 29 CD110:5
CAPE CANAVERAL CODE
Sec. 110-457. Outside storage.
Sec. 110-458. Shopping centers and retail stores using outside display.
Sec. 110-459. Self-service storage facilities.
Sec. 110-460. Veterinary hospital.
Sec. 110-461. Car wash.
Sec. 110-462. Single-family residential second kitchen facility.
Secs. 110-463-110-465. Reserved.
Sec. 110-466. Reserved.
Sec. 110-467. Garage sales.
Sec. 110-468. Accessory structures.
Sec. 110-469. Visibility at intersections.
Sec. 110-470. Fences, walls and hedges.
Sec. 110-471. Exceptions to height regulations.
Sec. 110-472. Access.
Sec. 110-473. Minimum width of courts.
Sec. 110-474. Water areas.
Sec. 110-475. Sidewalks required.
Sec. 110-476. Dedicated public land.
Sec. 110-477. Dedicated public easement.
Sec. 110-478. Residential use antennas/satellite dishes.
Sec. 110-479. Sewage disposal.
Sec. 110-480. Atomic energy uses.
Sec. 110-481. Building required for commercial uses.
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.
Sec. 110-490.2. Oak Lane.
Division 2. Offstreet Parking
Sec. 110-491. Number of spaces required.
Sec. 110-492. Location of spaces.
Sec. 110-493. Access.
Sec. 110-494. Dimensions.
Secs. 110-495-110-505. Reserved.
Division 3. Offstreet Loading
Sec. 110-506. Requirements.
Sec. 110-507. Location and dimensions of space.
Secs. 110-508-110-520. Reserved.
Division 4. Home Occupations
Sec. 110-521. Permitted home occupations.
Sec. 110-522. Requirements.
Sec. 110-523. Local business tax receipt required.
Secs. 110-524-110-535. Reserved.
Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Supp. No. 29 CD110:6
J
ZONING
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.
Division 8. Swimming Pools
Sec. 110-581. Construction and location.
Sec. 110-582. Swimming pool barriers.
Sec. 110-583. Accessories.
Sec. 110-584. Minimum setbacks.
Article X. A1A Economic Opportunity Overlay District
Division 1. Generally
Sec. 110-585. Introduction.
Sec, 110-586. Boundary and organization.
Sec. 110-587. Applicability.
Sec. 110-588. Purpose.
Sec. 110.589. Goals.
Sec. 110-590. Objectives.
Sec. 110-591. Design principles.
Sec. 110-592. Definitions.
Secs. 110-593-110-603. Reserved.
Division 2. Administration
Sec. 110-604, Intent.
Sec. 110-605, General.
Sec. 110-606. Procedures for design compatibility approvals.
Sec. 110-607. Plan submittals.
Sec. 110-608. Nonconforming uses, structures and buildings.
Sec. 110-609. Use matrix.
Sec. 110-610. Similar and compatible uses.
Sec. 110-611. Property containing both commercial and residential zoning
district designations.
Secs. 110-612-110-620. Reserved.
Division 3. Site Planning
Sec. 110-621. Intent.
Supp. No. 29 CD110:7
CAPE CANAVERAL CODE
Sec, 110-622, LEED or LEED equivalent design.
Sec. 110-623. Building orientation.
Sec. 110-624. Building height.
Sec. 110-625. Building setbacks and building zones.
Sec. 110-626. Building frontage.
Sec. 110-627. Project size.
Sec. 110-628. Lot coverage.
Sec. 110-629. On -site circulation.
Sec. 110-630. Utility and service areas.
Secs. 110-631-110-640. Reserved.
Division 4. Architectural Guidelines
Sec. 110-641. Intent.
Sec. 110-642. Similar and compatible design.
Sec. 110-643. Articulation.
Sec. 110-644. Building continuity.
Sec. 110-645. Scale.
Sec. 110-646. Proportion.
Sec. 110-647. Rhythm.
Sec. 110-648. Entry treatment.
Sec. 110-649. Roof lines.
Sec. 110-650. Exterior surface materials.
Sec. 110-651. Windows and transparency.
Sec. 110-652. Storefronts.
Sec. 110-653. Color.
Sec. 110-654. Awnings and canopies.
Sec. 110-655. Ground floor lighting.
Sec. 110-656. Utilities and stormwater management area screening.
Secs. 110-657-110-667. Reserved.
Division 5. Parking
Sec. 110-668. Intent.
Sec. 110-669. Surface parking.
Sec. 110-670. Parking structures.
Sec. 110-671. Dimensions.
Secs. 110-672-110-682. Reserved.
Division 6. Landscaping
Sec. 110-683. Intent.
Sec. 110-684, Commercial site plan review.
Sec. 110-685. Water efficient landscaping.
Sec. 110-686. Screening between commercial or industrial zoning districts or
uses and residential districts or uses.
Sec. 110-687. Project perimeter.
Sec. 110-688. Building landscaping.
Sec. 110-689. Surface parking lots.
Sec. 110-690. Required screening for commercial parking facilities.
Secs. 110-691-110-700. Reserved.
Division 7. Signage
Sec. 110-701. Intent.
Sec, 110-702. All signs.
Sec. 110-703. Awning signs.
Sec. 110-704. Pedestrian signs.
Sec. 110-705. Projecting signs.
Sec. 110-706. Wall signs.
Supp. No. 29 CD110:8
ZONING
Sec. 110-707. Hanging signs.
Sec. 110-708. Window signs.
Sec. 110-709. Business park/area multi-user sign.
Secs. 110-710-110-719. Reserved.
Article XI. Planned Developments
Division 1. Generally
Sec, 110-720. Definitions.
Sec. 110-721. Purpose and intent.
Sec. 110-722. Permitted uses.
Sec. 110-723. Common open space, drainage systems, and other related
common facilities.
Sec. 110-724. Physical review.
Sec. 110-725. Building permit.
Sec. 110-726. Revocation.
Sec. 110-727. Enforcement.
Secs. 110-728-110-739. Reserved.
Division 2. Planned Development Plans
Sec. 110-740. Application procedures.
Sec. 110-741. Concept plan.
Sec. 110-742. Land use plan.
Sec. 110-743. Site/construction plan.
Secs. 110-744-110-754. Reserved.
Supp. No. 29 CD110:9
ZONING § 110-1
facility may or may not include the sale of
gasoline at fueling stations. A convenience store
with the sale of gasoline at fueling stations may
also be referred to as a "service station" or
"automotive service station."
Court means an unoccupied open space on the
same lot with the principal building and enclosed
on at least three adjacent sides by walls of the
principal building.
Courtesy notice means a notice of a public
hearing, not required by law, mailed at the city's
discretion pursuant to the provisions of this
chapter to property owners within 500 feet of
property which is the subject of the public hear-
ing. Courtesy notices may be sent by regular or
certified mail, as set forth herein.
Dedication means the deliberate appropria-
tion of land by its owner for any general and
public uses, reserving to himself no other rights
than such as are compatible with the full exercise
and enjoyment of the public uses to which the
property has been devoted.
Dish antenna. See the definition of "earth
station antenna."
Drive-in restaurant or refreshment stand means
any place or premises used for sale, dispensing
or servicing of food, refreshments or beverages in
automobiles, including those establishments
where customers may serve themselves and may
eat or drink the food, refreshments or beverages
on the premises.
Drive, private, means a private way set aside
for vehicular traffic that does not exceed 200 feet
in developed length and serves less than four
residential, commercial or any combination of
residential and commercial units.
Dwelling, mobile home, means a detached
residential dwelling unit over eight feet in width,
which bears a seal from the United States
Department of Housing and Urban Develop-
ment, designed for travel over highways and
streets or for house accommodations or both,
manufactured on an integral chassis or undercar-
riage and arriving at the site where it is to be
occupied, except for minor and incidental unpack-
ing and assembly operations, location on jacks or
other temporary or permanent foundations, con-
nection to utilities and the like.
Dwelling, multiple -family, means a residential
building designed for or occupied by three or
more families, with the number of families in
residence not exceeding the number of dwelling
units provided.
Dwelling, single-family, means a detached
residential dwelling unit other than a mobile
home, designed for and occupied by one family.
Dwelling, two-family, means a detached
residential building containing two dwelling units,
designed for occupancy by not more than two
families.
Dwelling unit or living unit means one room
or rooms connected together, constituting a
separate independent housekeeping establish-
ment for owner occupancy, for rent or lease, and
physically separated from any other rooms or
dwelling units which may be in the same structure
and containing independent cooking and sleep-
ing facilities.
Easement means a right-of-way granted for
limited use of private property for a public or
quasipublic purpose.
Existing grade shall mean the ground surface
elevation prior to grading, or the addition of fill
material.
Fair market value means the valuation of a
structure by the county tax assessor in his
assessment for the levying of ad valorem taxes
for the tax year.
Family means a person or a group of persons
related to each other by blood or marriage or a
group of not more than four adults who are not
necessarily so related, living together under one
roof as a single household unit.
Fence means a structure forming a physical
barrier, which is constructed of wood or a similar
lightweight building material.
Finish grade shall mean the final grade of the
site, which conforms to the approved plan.
Supp. No: 29 CD110:13
§ 110-1 CAPE CANAVERAL CODE
Finished surface, as it relates to the definition
of "paving" in this section, means manipulated
by tool or machine to effectuate a uniform
consistency and smoothness in accordance with
industry standards, in a workmanlike manner.
Fireworks means any combustible or explosive
composition or substance or combinations of
substances or any article prepared for the purpose
of producing a visible or audible effect by combus-
tion, explosion, deflagration or detonation, as
defined by F.S. § 791.01(4)(a), as may be amended.
"Fireworks" does not mean sparklers or novel-
ties, trick noisemakers, toy pistols or other devices
in which paper caps containing twenty-five
hundredths grains or less of explosive compound
or mixture are used, as defined by F.S.
§§ 791.01(4)(b) and (c).
Fireworks sales facilities means any place or
premises used for the sale or other distribution,
whether permanent or seasonal, of fireworks.
The sale of fireworks shall only be permitted
within the light industrial (M-1) zoning district.
Floor area means the sum of the gross
horizontal areas of the several floors of a build-
ing, measured from the exterior faces of exterior
walls or from the centerline of walls separating
two attached buildings. The required minimum
floor area within each district shall not apply to
accessory uses.
Guesthouse means living quarters within a
detached accessory building located on the same
lot with the main building for use by temporary
guests of the occupants of the premises, such
quarters having no kitchen facilities or separate
utility meters and not rented or otherwise used
as a separate dwelling.
Hedge means a row of bushes or small trees
planted close together in such a manner as to
form a boundary or barrier.
Height of building means the vertical distance
from 12 inches above the crown of the fronting
road or finish grade at the building line, whichever
is highest, to (i) the highest point of flat roof; (ii)
the deck line of a mansard roof; (iii) the average
height between the eaves and ridge for gable, hip
and gambrel roofs. Excess fill placed at or around
any portion of the building shall not be used as a
means to circumvent any maximum height
requirement. Excess fill shall mean any fill
above the first/ground floor elevation. Measure-
ment must be in compliance with the 100-year
flood level, as determined by the Federal
Emergency Management Agency.
Home occupation means any occupation
conducted entirely within a dwelling unit and
carried on by an occupant thereof, which occupa-
tion is clearly incidental and secondary to the
use of the dwelling for dwelling purposes and
does not change the residential character thereof.
Hospital means a building or group of build-
ings, having room facilities for one or more
overnight patients, used for providing services
for the inpatient medical or surgical care of sick
or injured humans, and which may include related
facilities, such as laboratories, outpatient depart-
ments training facilities, central service facili-
ties and staff offices; provided, however, that
such related facility must be incidental and
subordinate to the main use and must be an
integral part of the hospital operations.
Hotel means a building or combination of
buildings in which lodging is provided and offered
to the public for compensation and duly licensed
pursuant to F.S. ch. 509, under single ownership
and operation. It shall provide an inside office
that shall be supervised by a person in charge at
all times. There shall be a minimum of six
guestrooms per building and a minimum of 150
guestrooms per hotel. As used in this definition,
the term "guestrooms" means those rooms
intended or designed to be used or which are
used, rented or hired out to be occupied or which
are occupied for sleeping purposes by guests.
Landscape buffer means that portion of the
building setback area which is located along
property lines adjacent to streets or abutting lots
and which in its entirety contains landscaping.
Landscaping means the arrangement of vegeta-
tion such as trees, bushes and grass, together
with other suitable materials in complementary
fashion, over a tract of land for aesthetic effect.
Liquefied petroleum gas (LPG) means any
material having a vapor pressure not exceeding
that allowed for commercial propane that is
Supp. No, 29 CD110:14
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ZONING
composed predominantly of the following
hydrocarbons, either by themselves or as mixtures:
propane, propylene, butane (normal butane or
isobutane), and butylenes.
Living area means the minimum floor area of
a dwelling as measured by its outside dimen-
sions, exclusive of carports, porches, sheds and
attached garages.
Loading space, offstreet, means space logically
and conveniently located for bulk pickups and
deliveries, scaled to delivery vehicles expected to
be used, and accessible to such vehicles when
required offstreet parking spaces are filled.
Required offstreet loading space is not to be
included as offstreet parking space in computa-
tion of required offstreet parking space.
Lot means a parcel of land of at least sufficient
size to meet minimum zoning requirements for
use, coverage and area and to provide such
setbacks and other open spaces as are required
in this chapter. In no case of division or combina-
tion of parcels shall any residual lot or parcel be
created which does not meet the requirements of
this chapter, except townhouses. Such lot may
consist of:
(1) A lot of record; or
(2) A portion of a lot of record; or combina-
tion of portions of lots of record;
(3) A combination of complete lots of record
or complete lots of record and portions of
lots of record; and/or
(4) A parcel of land described by metes and
bounds.
Lot, corner, means a lot located at the intersec-
tion of two or more streets. A lot abutting on a
curved street shall be considered a corner lot if
straight lines drawn from the foremost points of
the side lot lines to the foremost point of the lot
meet at an interior angle of less than 135
degrees.
Lot coverage means the area of a lot that is
covered by an enclosed structure. This is normally
the principal and accessory structures and any
other structure that blocks sunlight and the
breezeway.
§ 110-1
Lot dimensions means as follows:
(1) Depth of a lot shall be considered to be
the distance between the midpoints of
straight lines connecting the foremost
points of the side lot lines in front and
the rearmost points of the side lot lines
in the rear.
(2) Width of a lot shall be considered to be
the distance between straight lines con-
necting front and rear of the required
front setback; provided, however, that
width between side lot lines at their
foremost points, where they intersect
with the street lines, shall not be less
than 80 percent of the required lot width,
except for lots on the turning circle of
culs-de-sac, where the 80-percent require-
ment shall not apply; provided, however,
that all lots shall have a minimum of 25
feet facing a street.
Lot frontage means the narrowest portion of
the lot fronting on a dedicated, accepted or
maintained street right-of-way.
Lot, interior, means a lot with only one front-
age on a street.
Lot line means the boundary line of a lot.
Lot of record means a lot whose existence,
location and dimension have been legally recorded
or registered in a deed or on a plat.
Lot, reversed frontage, means a lot on which
the frontage is at right angles or approximately
right angles (interior angle less than 135 degrees)
to the general pattern in the area. A reversed
frontage lot may also be a corner lot, an interior
lot or a through lot.
Lot, through, means a lot other than a corner
lot with frontage on more than one street. A
through lot abutting two streets may be referred
to as a double frontage lot.
Major recreational equipment means boats
and boat trailers, travel trailers, trailers for
transporting motorized vehicles, pickup campers
or coaches designed to be mounted on automo-
tive vehicles, motorized dwellings, tent trailers
and the like, including the coverings.
Supp. No. 29 CD110:15
§ 110-1
CAPE CANAVERAL CODE
Manufactured housing or building means a
closed structure, building assembly or system of
subassemblies, which may include structural,
electrical, plumbing, heating, ventilating or other
service systems manufactured in manufacturing
facilities for installation or erection, with or
without other specified components, as a finished
building or as part of a finished building, which
shall include but not be limited to residential,
commercial, institutional, storage and industrial
structures. This does not apply to mobile homes.
Manufactured building may also mean, at the
option of the manufacturer, any building of open
construction made or assembled in manufactur-
ing facilities away from the building site, for
installation or assembly and installation on the
building site.
Marina means a place for docking boats or
providing services to boats and occupants thereof,
including servicing and repairing boats, sale of
fuel and supplies and provision of food, bever-
ages and entertainment as accessory uses. A
yacht club shall be considered as a marina, but a
hotel, motel or similar use, where docking of
boats and provision of services thereto is incidental
to other activities, shall not be considered as a
marina nor shall boat docks accessory to a
multiple -family dwelling where no boat -related
services are rendered.
Medical or dental clinic means a building
where patients, who are not lodged overnight,
are admitted for examination and treatment by
one person or group of persons practicing any
form of the healing arts services to individuals,
whether such persons are medical doctors,
chiropractors, osteopaths, chiropodists,
naturopaths, optometrists, dentists or any similar
profession, the practice of which is licensed in
the state. The term does not include a place for
the treatment of animals and does not include
pain management clinics.
Medical marijuana treatment center dispens-
ing facility means a facility of a medical marijuana
treatment center, as that term is defined in s. 29,
Art. X of the Florida State Constitution, which
dispenses marijuana, products containing
marijuana, related supplies or educational materi-
als to qualifying patients or their personal caregiv-
ers, as defined in s. 29, Art. X of the Florida
State Constitution and section 381.986, Florida
Statutes, but shall not include facilities growing,
cultivating or processing marijuana or deriva-
tive products.
Mobile home means a structure as defined in
F.S. § 553.36(12).
Mobile home park means a single parcel of
ground on which there are sites to be leased or
rented to tenants for the purpose of parking
mobile homes.
Motel means a building or combination of
buildings in which lodging is provided and offered
to the public for compensation and duly licensed
pursuant to F.S. ch. 509, under single ownership
and operation. As such it is open to the public
the same as a hotel, except that the buildings are
usually designed to serve tourists traveling by
automobile, ingress to rooms need not be through
a lobby or office and parking usually is adjacent
to the dwelling unit. There shall be a minimum
of six guestrooms per building and a minimum of
150 guestrooms per motel. As used in this
definition, the term "guestroom" means those
rooms intended or designed to be used or which
are used rented or hired out to be occupied or
which are occupied, for sleeping purposes by
guests.
Motor travel home means a self-propelled
vehicle containing living facilities and customar-
ily used for camping or recreational uses.
Net residential acre means the horizontal
acreage of a lot devoted exclusively to residential
uses and their appurtenant accessory uses. Such
area shall include the building site, recreation
areas, open space, swimming pools, parking,
drives, setback areas and the like. Net residential
acreage does not include areas used for
nonresidential purposes, streets, waterways,
offices, golf courses or any other use not developed
for the exclusive use of the property's residents.
Nonconformity means any lot, use of land, use
of structure, use of structure and premises or
characteristics of any use which was lawful at
the time of enactment of the ordinance from
which this section is derived but which does not
conform with the district in which it is located.
Supp. No. 29 CD110:16
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Nonhazardous material means any material
which does not increase or cause an increase of
the hazard of menace of fire to a greater degree
than that customarily recognized as normal. by
persons in the public service regularly engaged
in preventing, suppressing or extinguishing fire.
Occupied means the use of a structure or land
for any purpose, including occupancy for
residential, business, industrial, manufacturing,
storage and public use.
Oceanfront lot means a lot that is contiguous
with the ocean beach and which is considered as
fronting on a public street and includes those
lots adjacent to a dedicated street. All lots
contiguous with the ocean beach shall be
considered interior lots.
Open shed means any structure that has no
enclosing walls.
Open space area means that area of the lot
which is to be left open for free circulation of air
and which provides an area for recreational and
leisure pursuits. Not to be included as part of
open space area are building setbacks, areas
occupied by all building structures, parking areas,
roads and drives. Recreational areas may be
included. Swimming pools may be included in
the calculation of minimum open space.
Outside storage shall mean the commercial
storage of licensed recreational vehicles, trailers,
and trailerable items, goods, wares, merchandise,
commodities, or any other item outside of a
completely enclosed building for a continuous
period of longer than 24 hours.
Pain management clinic means a publicly or
privately owned facility that advertises in any
medium for any type of pain management services;
or where in any month, a majority of patients are
prescribed opioids, benzodiazepines, barbiturates,
or carisoprodol for the treatment of chronic
nonmalignant pain. Registration with the Florida
Department of Health pursuant to F.S.
§§ 458.3265 or 459.0137, shall be prima facia
evidence of operating as a pain management
clinic. Expressly exempted from this definition
are hospitals, nursing homes, ambulatory surgi-
cal care centers, hospice or intermediate care
facilities for the disabled, or clinics which are
affiliated with an accredited medical school at
which training is provided for medical students,
residents or fellows.
Parking space, offstreet, consists of a minimum
paved area of 180 square feet for parking an
automobile, exclusive of access drives or aisles
thereto. The minimum dimensions of each off-
street parking space shall be as set forth in
section 110-494.
Patio. See the definition of "terrace."
Paving may consist of the following materials:
macadam, asphalt, concrete, pervious concrete,
permeable paving, bricks, tile, pavestone, tile -
stone, flags, flagstone, flagging, cobblestone, curb,
kerb, curbstone, kerbstone, edgestone and curb-
ing. All paving material shall have a finished
surface and must be contained by a permanent
border and properly maintained.
Pharmacy means an establishment licensed
by and in good standing with the State of Florida
as a community pharmacy, as defined in Chapter
465, Florida Statutes, that may dispense Schedule
II and III controlled substances.
Playground means an area of land set aside
for outdoor recreation used by children for play
and often equipped for specific activities.
Playground may also be that part of a park or
outdoor recreation facility set aside for such use
by children. A playground may be public or
private; however, any recreational area established
for prekindergarten children only or for adults or
college students primarily shall not be considered
a playground.
Principal use of structure means a building in
which is conducted the principal use of the lot on
which it is situated. In a residential district any
dwelling shall be deemed to be the principal
building on the lot on which the dwelling is
situated. An attached carport, shed, garage or
any other structure with one or more walls or a
part of one wall being a part of the principal
building and structurally dependent, totally or
in part, on the principal building shall comprise
a part of the principal building. A detached and
structurally independent carport, garage or other
structure shall conform to the requirements of
any accessory building. A detached and structur-
Supp. No. 29 CD110:17
§ 110-1
CAPE CANAVERAL CODE
ally independent garage, carport or other structure
conforming as an accessory building may be
attached to the principal buildings by an open
breezeway not to exceed six feet in width. A
connecting roof breezeway in excess of six feet
and enclosed on one or both sides, including
louvers, lattice or screening, shall cause the
entire structure to be construed as the principal
building and shall be subject to the sections
applicable to the principal building.
Public use means any use of land or a structure
owned and operated by a municipality, county or
the state or federal government or any agency
thereof and for a public service or purpose.
Recreational vehicle means a unit designed as
temporary living quarters for recreational, camp-
ing or travel use, which either has its own motive
power or is mounted on or drawn by another
vehicle. The term includes travel trailer, camp-
ing trailer, truck camper, motor home and wheeled
recreational trailer.
Redevelopment means the process of demoli-
tion of existing improvements and the construc-
tion of new improvements on a site.
Residential district means that area set aside
primarily for use as low and medium density
residential housing.
Restaurant means any building or structure
or portion thereof in which food is prepared and
served for pay to any person not residing on the
premises and which, at all times, derives not less
than 51 percent of its gross income from the sale
of nonalcoholic beverages and food prepared,
sold and consumed on the premises (such percent-
age shall be determined by calculating the aver-
age monthly gross revenue from the sale of food
and nonalcoholic beverages for the immediately
previous 12-month period).
Right-of-way means land reserved, used or to
be used for a street, alley, walkway, drainage
facility or other public purpose.
Satellite dish means any device incorporating
a reflective surface that is solid, open mesh, or
bar configured that is shallow dish, cone, horn,
or cornucopia shaped and is used to transmit
and/or receive electromagnetic signals. This defini-
tion is meant to include, but is not limited to,
what are commonly referred to as satellite earth
stations, TVROs, and satellite microwave anten-
nas.
Schoolgrounds means all the land included in
the lot or parcel upon which a school building is
regularly used, except during vacation periods,
by elementary and secondary school students.
The school and land may be public or private.
Self-service storage facilities means an
establishment containing separate storage spaces
that are leased or rented to customers as
individual units. The term is synonymous with
mini -warehouses, mini -storage, self -storage facili-
ties and self -storage warehouse. When used for
such a purpose, such property may not be used in
combination with any other use, with the excep-
tion of storage garage.
Setback means a required open space on the
same lot with a principal building, which space
is unoccupied and unobstructed by buildings
from the ground upward except as specified in
sections 110-468, 110-492, 110-538 and 110-567.
All required setback areas shall be properly
maintained and open space areas within the
setback areas (except parking and other legal
encroachments) shall be landscaped with greenery
(sod).
Shed means any structure built for the sup-
port, shelter or enclosure of persons, animals,
chattels or property of any kind which has
enclosing walls for less than 50 percent of its
perimeter.
Shopping center means three or more units for
purposes of mercantilism.
Sign means the same as defined in chapter 23
of the building code adopted in section 82-31.
Special exception means a use that would not
be appropriate generally or without restriction
throughout the zoning division or district but
which, if controlled as to number, area, location
or relation to the neighborhood, would promote
the public health, safety, welfare, morals, order,
comfort, convenience, appearance, prosperity or
Supp. No. 29 CD 110:18
CD
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ZONING § 110-1
general welfare. Such uses as may be permitted
by the board of adjustment are identified for
each zoning district as special exceptions.
Story means that portion of a building included
between the floor surface and the upper surface
of the floor next above or any portion of a
building used for human occupancy between the
topmost floor and roof. A basement or cellar not
used for human occupancy shall not be counted
as a story.
Street means a public or private right-of-way
set aside for public travel.
Street centerline means the midpoint of the
street right-of-way.
Street, private, means a private way set aside
for vehicular traffic that exceeds 200 feet in
developed length or serves four or more
residential, commercial or any combination of
residential and commercial units. Private streets
shall be installed in accordance with section
98-92.
Street right-of-way means the property line
which bounds the right-of-way set aside for use
as a street.
Structure means that which is built or
constructed.
Swimming pool means any portable pool or
permanent structure containing a body of water
18 inches or more in depth or 250 square feet of
surface area or more of water service area,
including an ornamental reflecting pool or fish
pond or other type of pool, regardless of size,
unless it is located and designed so as not to
create a hazard or not be used for swimming or
wading.
Tent means a collapsible shelter of canvas or
other fabric -type material.
Terrace means an open space adjacent to the
principal building on one or two sides, prepared
with a hard, semihard or improved surface, for
the purpose of outdoor living.
Total floor area or gross floor area means the
area of all floors of a building, including finished
attics, finished basements and all covered areas,
including porches, sheds, carports and garages.
Townhouse means a single-family dwelling
unit constructed in a series or group of attached
units with property lines separating such units.
Trailer means a portable structure having no
foundation other than wheels, jacks or blocks
that will not be a hazard to adjacent buildings
and that is also fully enclosed, operable and
licensed.
Trailer park means an area duly licensed by
the city and approved by the state board of
health, which is designed, constructed, equipped,
operated and maintained for the purpose of
providing space for and otherwise servicing mobile
homes and trailers.
Travel trailer. See the definition of "recreational
vehicle."
Utility access easement means an easement
less than 20 feet wide, dedicated and used for
utilities and utility vehicles. The term does not
qualify as an alley pursuant to chapter 98 pertain-
ing to subdivisions.
Vacant means a building or parcel of land that
is neither occupied nor used.
Variance means a relaxation of the terms of
this chapter when such variance will not be
contrary to the public interest and when, owing
to conditions peculiar to the property and not the
result of the actions of the applicant, a literal
enforcement of this chapter would result in
unnecessary and undue hardship. As used in
this chapter, a variance is authorized only for
height, area, size of structure or size of yards and
open spaces; establishment or expansion of a use
otherwise prohibited shall not be allowed by
variance nor shall a variance be granted because
of the presence of nonconformities in the zoning
district or used in an adjoining zoning district.
Veterinary clinic means an establishment that
has the necessary facilities for the examination
and treatment of animals but does not accom-
modate animals for more than 24 hours, thereby
not providing boarding services.
Veterinary hospital means an establishment
that has the necessary facilities for the examina-
Supp. No. 29 CD110:18.1
§ 110-1
CAPE CANAVERAL CODE
tion and treatment of animals which includes
boarding services that may accommodate animals
for more than 24 hours.
Wall means a structure forming a physical
barrier, which is constructed of concrete or
masonry composite.
Wall, concrete boundary, means a structure
constructed using concrete, either poured or in
block form, along the property boundary or
within the setback and used as a dividing line
between parcels of property in a residential zone,
specifically excluding townhouse interior party
walls.
Yard means all open space on the same lot as
the principal building, which space is unoccupied
and unobstructed by buildings from the ground
upward, except as otherwise provided. The term
generally applies to the area from each lot line to
the principal building and its attached porches,
sheds, carports, garages and storage areas.
(Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96;
Ord. No. 9-97, § 1, 9-2-97; Ord. No. 19-98,
§§ 1-3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98;
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.
02-2004, § 2, 3-02-04; Ord. No. 01-2007, § 2,
2-20-07; Ord. No. 04-2007, § 2, 6-19-07; Ord. No.
04-2008, § 3, 5-6-08; Ord. No. 13-2009, § 2,
12-15-09; Ord. No. 05-2010, § 2, 4-20-10; Ord.
No. 17-2010, § 2, 11-16-10; Ord. No. 04-2011, § 2,
6-21-11; Ord. No. 06-2011, § 2, 10-18-11; Ord.
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.
04-2013, § 2, 3-19-13; Ord. No. 05-2013, § 2,
3-19-13; Ord. No. 06-2013, § 2, 6-18-13; Ord. No.
09-2014, § 2, 9-16-14; Ord. No. 02-2016, § 2,
7-19-16; Ord. No. 04-2017, § 2, 4-18-17; Ord. No.
11-2017, § 2, 8-15-17; Ord. No. 04-2018, § 2,
6-19-18; Ord. No. 01-2020, § 2, 2-18-20)
Cross reference -Definitions and rules of construction
generally, § 1-2.
Sec. 110-2. Board of adjustment.
(a) A board of adjustment is established and
shall consist of seven members.
(b) The board of adjustment shall have the
powers and duties to consider applications for
special exceptions, variances, and administra-
tive appeals under this chapter.
(c) The board of adjustment shall not incur
any debts or enter into any contracts or obliga-
tions which would be enforceable against the
city, unless prior approval has been obtained
from the city council.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
§ 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11)
Sec. 110-3. Planning and zoning board.
(a) The planning and zoning board is
established and shall consist of seven members.
(b) The planning and zoning board shall oper-
ate exclusively in an advisory capacity, and no
ruling, decision or recommendation of the board
shall be binding.
(c) The board shall perform such duties as are
conferred on it by this Code and the city council
and shall, from time to time, make studies on
planning and zoning matters affecting the health,
welfare, safety and morals of the people of the
city.
(d) No problem or situation relating to zoning
shall be submitted to the city council prior to
being submitted to and acted upon by the plan-
ning and zoning board. Such problems or situa-
tions relating to zoning shall include but not be
limited to the following:
(1) Changes in zone classification.
(2) Changes in zoning district boundaries
and zoning maps.
(3) Review and revision of zoning sections.
Supp. No. 29 CD110:18.2
ZONING § 110-221
(2) The applicant demonstrates that the
continuation of said nonconforming use:
a. Is capable of contributing in a posi-
tive way to the character and serves
the needs of the community includ-
ing reoccupancy for the accommoda-
tion of neighborhood walk -to -service
uses, walk -to -work opportunities, and
live -work spaces; reuse of buildings
with architectural or historic value;
and reuse of buildings that gener-
ate a significant economic benefit to
the community; and
b. Is compatible with, and not
detrimental to, the surrounding
neighborhood in terms of traffic,
noise, parking, odor, light, intensity
and land uses, hours of operation,
landscaping, aesthetics, structural
design, density, public safety and
fire hazard; and
c. Is consistent with the community
values, objectives, and policies
established in the city's
comprehensive plan and City Code.
(c) The city council may impose conditions
and safeguards as a condition of approval of any
special permit granted under this section.
(Ord. No. 17-2006, § 2, 10-17-06)
Secs. 110-201-110-220. Reserved.
ARTICLE VI. SITE PLANS*
Sec. 110-221. Submittal and review
required.
(a) Under this chapter, site plan submittal
and staff review shall be required for all develop-
ment and redevelopment projects, except single-
family, two-family or three-family dwelling units,
or alterations thereto, and minor commercial
improvements. Further, site plan submittal and
planning and zoning board review is required for
the following:
(1) New commercial buildings or structures.
*Cross reference —planning, ch. 58.
(2) New residential structures with four or
more dwelling units.
(b) Staff review under section 110-223 is also
required for minor amendments to a site plan.
However, at the discretion of the community
development director, planning and zoning board
review under section 110-223 is not required for
such minor amendments to a site plan that has
been previously reviewed by the planning and
zoning board, if during the staff review process it
is determined that one of the following limited
circumstances exists:
(1) For property of one-half acre or less, the
property must have been designed for
development and incorporated into a
previously reviewed site plan and the
minor amendment shall not decrease,
increase or otherwise modify by more
than 20 percent the existing amount of
structure or impervious surface area or
residential density previously reviewed
or constructed.
(2) For property greater than one-half acre
but not greater than one acre, the property
must have been designed for develop-
ment and incorporated into a previously
reviewed site plan and the minor amend-
ment shall not decrease, increase or
otherwise modify by more than 15 percent
the existing amount of structure or
impervious surface area or residential
density previously reviewed or
constructed.
(3) For property greater than one acre, the
property must have been designed for
development and incorporated into a
previously reviewed site plan and the
minor amendment shall not decrease,
increase or otherwise modify by more
than ten percent the existing amount of
structure or impervious surface area or
residential density previously reviewed
or constructed.
Staff decisions on proposed minor amend-
ments to site plans shall be in writing and the
planning and zoning board shall be provided
written notice of such decisions as part of the
board's next meeting agenda.
(Code 1981, § 645.05(A); Ord. No. 13-2011, § 6,
12-20-11; Ord. No. 19-2019, § 2, 1-21-20)
Supp. No. 29 CD110:37
§ 110-222 CAPE CANAVERAL CODE
Sec. 110-222. Requirements and review
criteria.
(a) Site plan application submittal require-
ments under this chapter shall be as follows:
(1) Plan drawn to scale by an appropriately
licensed design professional, no greater
than one inch to 50 feet, on sheets two
feet by three feet, showing the following
site data:
a. Size, height, number of units and
location of proposed and existing
structures and their relationship to
property lines, setbacks, easements,
streets, etc.
b. Dimensions and total gross acreage
of the site and percentage devoted
to structures and percentage of park-
ing area devoted to landscaping with
curbs and water provisions.
c. Total number of units proposed; total
number and size of on -site parking
spaces and loading zones.
d. Traffic flow diagram to ensure that
an orderly and safe traffic flow is
permitted within the site and that
no traffic problems are created by
the proposed ingress and egress
routes. In addition, a traffic report
prepared by a traffic engineer shall
be submitted to demonstrate compli-
ance with the city's site plan require-
ments. The traffic report may be
waived by the city if the anticipated
traffic impact of the proposed project
is deemed minor by the city. This
traffic report is in addition to any
traffic impact study required by sec-
tion 86-6(2) of the City Code related
to capacity and level of service
thresholds for arterial and collector
transportation facilities.
e. Calculation of density (dwelling units
per acre).
f Location and dimension of areas for
parks, canals, waterways, boat slips,
parking areas, swimming pools,
Supp. No. 29 CD110:38
g.
J.
k.
driveways, recreation, trash and
garbage pickup, sidewalks, dune
crossovers, etc.
In those site plans which require a
subdivision of land, no site plan
shall be approved until the city
council has given approval to the
preliminary plat.
h. The type of enclosure for and loca-
tion of communal -type trash contain-
ers (dumpsters). Type of enclosure
shall be subject to approval and
acceptance of the planning and
zoning board.
Fire alarm and standpipe data, when
required.
Site vicinity map.
Location of planned landscaping in
compliance with sections 110-566
and 110-567.
(2) Topographic survey, including the follow-
ing:
a. USC and G.S. datum plane.
b. Existing and proposed streetlights,
water, sewer, paving, storm drains,
fire hydrants, sidewalks, etc.
c. Lot lines and dimensions of all
setbacks, structures and easements.
d. Location of established seawall line
and information for construction, if
required.
e. Surveyor's certification.
f. Elevations to be given on one -foot
intervals.
Range markers and coastal construc-
tion setback line, where required.
h. Location and type of existing trees
four inches in diameter or larger.
(3) Engineering data, including the follow-
ing:
a. Finished grades for entire parcel,
finished elevations for floors, streets,
parking lots, sidewalks, ten inches
of adjoining property, etc.
g.
ZONING § 110-222
b. Details, sections and specifications
required of all improvements, such
as streetlights, water and sewer
(structures, pipes, appurtenances),
paving and drainage, curbs, storm
drainage and sidewalks.
c. Engineer's seal required in draw-
ings.
d. Engineering storm drainage design
calculation and drainage maps.
(4) Square footage of building for the follow-
ing:
a.
b.
c.
d.
Living.
Parking.
Other.
Total under roof.
(5) Drawing notes required as follows:
a. Sidewalk and sanitary sewers to be
constructed to city standards.
b. Water lines to conform to City of
Cocoa standards.
c. Where applicable, fire alarm system
to be installed and connected to city
fire department standards.
(6) For mean high water, survey shall be
done by procedures established by F.S.
§ 177,25 et seq.
(7) Proposed applications to amend a previ-
ously approved site plan are required to
contain such relevant information and
amended plans and surveys, as required
by this section, that are deemed neces-
sary by the city to support the amend-
ment.
(b) The following review criteria shall be
applied by the city when making any final
decision on whether to approve, deny, or approve
with conditions any site plan application:
(1) Whether the applicant has demonstrated
the site plan, including its proposed
density, height, scale and intensity, hours
of operation, building and lighting design,
setbacks, buffers, noise, refuse, odor,
particulates, smoke, fumes and other emis-
sions, parking and traffic -generating
characteristics, number of persons
anticipated using, residing or working
under the plan, and other off -site impacts,
is compatible and harmonious with
adjacent land uses, and will not adversely
impact land use activities in the immedi-
ate vicinity.
(2) Whether the applicant has demonstrated
the size and shape of the site, the proposed
access and internal circulation, and the
design enhancements to be adequate to
accommodate the proposed density, scale
and intensity of the site plan requested.
The site shall be of sufficient size to
accommodate design amenities such as
screening, buffers, landscaping, open
space, off-street parking, safe and
convenient automobile, bicycle, and
pedestrian mobility at the site, and other
similar site plan improvements needed
to mitigate against potential adverse
impacts of the proposed use.
(3) Whether the proposed site plan will have
an adverse impact on the local economy,
including governmental fiscal impact,
employment, and property values.
(4) Whether the proposed site plan will have
an adverse impact on the natural environ-
ment, including air, water, and noise
pollution, vegetation and wildlife, open
space, noxious and desirable vegetation,
and flood hazards.
(5) Whether the proposed site will have an
adverse impact on historic, scenic, and
cultural resources, including views and
vistas, and loss or degradation of cultural
and historic resources.
(6) Whether the proposed site will have an
adverse impact on public services, includ-
ing water, sewer, stormwater and surface
water management, police, fire, parks
and recreation, streets, public transporta-
tion, marina and waterways, and bicycle
and pedestrian facilities.
(7) Whether the site plan and any related
applicable traffic report provided by the
Supp. No. 29 CD110:39
§ 110-222 CAPE CANAVERAL CODE
applicant, details safe and efficient means
ofingress and egress into and out of the
neighborhood and adequately addresses
the impact of projected traffic on the
immediate neighborhood, traffic circula-
tion pattern for the neighborhood, and
traffic flow through immediate intersec-
tions and arterials.
(8) Whether the proposed site will have an
adverse impact on housing and social
conditions, including variety of housing
unit types and prices, and neighborhood
quality.
(9) Whether the proposed site avoids
significant adverse odor, emission, noise,
glare, and vibration impacts on adjacent
and surrounding lands regarding refuse
collection, service delivery, parking and
loading, signs, lighting, and other sire
elements.
(10) Whether the applicant has provided an
acceptable security plan for the proposed
establishment to be located on the site
that addresses the safety and security
needs of the establishment and its users
and employees and minimizes impacts
on the neighborhood, if applicable.
(11) Whether the applicant has provided on
the site an acceptable plan for the mass
delivery of merchandise for new large
footprint buildings (greater than 15,000
square feet) including the hours of opera-
tion for delivery trucks to come into and
exist the property and surrounding
neighborhood, if applicable.
(12) Whether the applicant has demonstrated
that the site plan has been designed to
incorporate mitigative techniques and
plans needed to prevent adverse impacts
addressed in the criteria stated herein or
to adjacent and surrounding uses and
properties.
(13) If required by the city, whether the
applicant has agreed to execute a bind-
ing development agreement to incorporate
the terms and conditions of approval
deemed necessary by the city including,
but not limited to, any mitigative
techniques and plans required by City
Code.
(Code 1981, § 645.05(C); Ord. No. 07-2006, § 3,
6-20-06; Ord. No. 13-2011, § 6, 12-20-11; Ord.
No. 19-2019, § 2, 1-21-20)
Sec. 110-223. Review procedures.
(a) The required number of copies of the site
plan, prepared, signed and sealed by an
appropriately licensed design professional shall
be filed with the planning and development
department no later than 30 days prior to the
meeting date at which the applicant is seeking
planning and zoning board review. Filing fees as
set forth in appendix B to this Code shall be paid
at this time.
(b) The site plan shall be submitted by the
planning and development department to the
following department directors for their review
and comments:
(1) City engineer or registered engineers
approved by the city.
(2) Building and code enforcement depart-
ment.
(3) Fire marshal.
(4) Public works services department.
(c) Within 14 days of the time the plans are
received by the various department directors,
they shall submit, in writing, to the planning
and development department, a written report
commenting on factors relating to the site plan.
(d) The planning and development depart-
ment shall give a copy of the written comments
to the applicant or his representative to review,
respond to and make any changes deemed
appropriate to conform to the comments and
recommendations from the department direc-
tors.
(e) The applicant shall submit the required
number of copies of the revised site plan, along
with the architect's and engineer's comments in
response to the department reviews, to the plan-
ning and development department.
Supp. No. 29 CD 110:40
ZONING § 110-233.5
(f) All plans shall be made available to the
planning and zoning board for its review and
recommendation to the city manager or the city
manager's designee. The planning and develop-
ment director shall prepare a site plan checklist
to be submitted to the planning and zoning board
when a site plan is reviewed.
(g) The planning and zoning board, following
a duly noticed public hearing and review of any
submitted site plan, shall make a written recom-
mendation to the city manager or designee recom-
mending approval, approval with conditions, or
denial of the application based upon the site
plan's compliance with the city's Code and
comprehensive plan. Such recommendation shall
include the reasons for the board's recommerida-
tion and show the board has considered the
applicable site plan criteria set forth in this
article.
(h) Upon receipt of the planning and zoning
board's recommendation, the city manager or
designee shall make a final decision on the
application approving, approving with condi-
tions, or denying the application. Following the
decision by the city manager or designee on each
site plan application, the city shall send to the
applicant written notice of the action taken and
the right to appellate review. The city shall
additionally provide notice on the city's website
of the decision on each site plan reviewed pursu-
ant to this article and the right of interested
parties to appeal same.
(i) If the city manager or designee elects to
grant conditional approval of a site plan subject
to any conditions or contingencies, the applicant
shall have 90 days from the date of conditional
site plan approval to satisfy any such conditions
and/or contingencies. If all conditions and/or
contingencies are satisfied, the final site plan
approval date shall be either the expiration of
the 90-day period; or the date the city manager
or designee certifies by notation on all city site
plan copies, that all conditions and/or contingen-
cies are satisfied, whichever first occurs. If the
conditions and/or contingencies are not satisfied
before the expiration of the 90-day period the
conditional approval shall be automatically
withdrawn and the application shall stand as
denied. The 90-day compliance period may be
extended at the discretion of the city manager or
designee, upon written request of the applicant
prior to the expiration of the 90-day compliance
period, and where the applicant demonstrates
unusual circumstances or undue hardship.
(j) Any party adversely affected by a final site
plan determination of the city manager or designee
may appeal such determination to the city council.
Parties seeking appellate review shall submit a
request for appeal in writing to the city clerk
within 30 days of the city manager's or designee's
determination. The city clerk shall schedule the
city council's consideration of the appeal for the
next available regular city council meeting and
shall provide the party seeking appellate review
with written notice of the date, time and location
of said meeting. The city council's consideration
of the site plan determination being appealed
shall be de novo. The city council shall hear and
consider the evidence and testimony of any
interested party and shall either affirm or reverse,
wholly or in part, the determination of the city
manager or designee. Failure of any adversely
affected party to appeal to the city council pursu-
ant to this section shall be deemed a waiver of
that party's right to judicial review.
(k) A proposed site plan shall not be considered
by the city unless:
(1) The applicant has adequately and
completely addressed all items on the
site plan checklist prepared by the plan-
ning and development department; and
(2) The applicant has otherwise complied
with all matters contemplated under this
section.
(Code 1981, § 645.05(B); Ord. No. 37-93, 10-19-
93; Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2,
10-21-03; Ord. No. 03-2005, § 2, 4-5-05; Ord. No.
13-2011, § 6, 12-20-11)
Sec. 110-233.5. Reserved.
Editor's note —Ord. No. 03-2005, § 2, adopted April 5,
2005, deleted § 110-233.5, which pertained to appeal and
derived from Ord. No. 35-2003, § 2, adopted Oct. 21, 2003.
Supp. No. 29 CD110:40.1
§ 110-224 CAPE CANAVERAL CODE
Sec. 110-224. Expiration.
All site plans approved under this article shall
expire 12 months after the date of final approval
unless the building permit for construction of the
principal structure is issued. Upon written
request, the city manager or designee may
authorize one or more extensions of time for
additional periods not exceeding 12 months each,
provided that the applicant demonstrates justifi-
able cause for the extension and there have been
no changes in any applicable city regulations
since the date of final site plan approval. Any
such extension authorized by the city manager
or designee shall remain subject to the terms
and conditions imposed as part of the final site
plan approval.
(Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2,
11-7-91; Ord. No. 13-2011, § 6, 12-20-111; Ord.
No. 12-2014, § 2, 1-20-15)
Secs. 110-225-110-245. Reserved.
ARTICLE VII. DISTRICTS*
DIVISION 1. GENERALLY
Sec. 110-246. Official zoning map —
Adopted.
(a) The city is divided into zones or districts,
as shown on the official zoning map which,
together with all explanatory matter thereon, is
adopted [by] reference and declared to be part of
this chapter. The official zoning map shall be
identified by the signature of the mayor, attested
to by the city clerk and bearing the seal of the
city under the following words: "This is to certify
that this is the official zoning map referred to in
section 110-246 of the Code of Ordinances of the
City of Cape Canaveral, Florida," together with
the date of the adoption of the ordinance from
which this chapter is derived.
(b) The official zoning map in effect at the
time of passage of the ordinance from which this
chapter is derived shall remain in effect and
shall be reidentified as provided in subsection (a)
*Cross reference —Sign regulations for shopping centers,
§ 94-100.
of this section. If, in accordance with this chapter
and state law, changes are made in district
boundaries or other matter portrayed on the
official zoning map, such changes shall be made
on the official zoning map promptly after the
amendment has been approved by the city council,
together with an entry on the official zoning map
as follows: "On (date), by official action of the city
council, the following change(s) were made in the
official zoning map: (brief description of nature
of change)," which entry shall be signed by the
mayor and attested by the city clerk. The amend-
ing ordinance shall provide that such changes or
amendments shall not become effective until
they have been duly entered upon the official
zoning map or matter shown thereon except in
con foi niity with the procedures set forth in this
chapter.
(c) Any unauthorized change in the official
zoning map of whatever kind by any person shall
be considered a violation of this chapter and
punishable as provided in section 1-15.
(d) Regardless of the existence of purported
copies of the official zoning map which may from
time to time be made or published, the official
zoning map which shall be stored in City Hall
when not in use and readily available to the
public shall be the final authority as to the
zoning status of land and water areas, buildings
and other structures in the city.
(Code 1981, § 633.01)
Sec. 110-247. Same —Replacement.
If the official zoning map becomes damaged,
destroyed, lost or difficult to interpret because of
the nature or number of changes and additions,
the city council may by resolution adopt a new
official zoning map which shall supersede the
prior official zoning map. The new official zoning
map may correct drafting or other errors or
omissions in the prior official zoning map, but no
such
Supp. No, 29 CD110:40.2
O
O
ZONING
§ 110-332
Public Beach Access
# of Public Spaces
Location
(side of street)
15
Buchanan
12, plus 1 handicapped
North side
16
Lincoln
9
North side
17
Johnson
10
North side
Access to property lying adjacent to these
public parking facilities shall be subject to the
following:
(1) Ingress and egress to future develop-
ment or redevelopment projects shall not
cause the removal or reduction of any
existing beach -end public parking spaces,
except as provided herein.
(2) If, by operation of this section, ingress
and egress to the property is denied, the
property owner may apply for a variance
under this chapter. To be entitled to such
a variance, the property owner must
demonstrate that no reasonable alterna-
tive ingress or egress is available. Reason-
able alternatives include, but are not
limited to, existing driveways, alleys, or
access easements. This subsection is
supplemental and in addition to any
requirements provided within section
110-62 or any other provisions of the City
Code.
(3) Where a variance is granted, the
maximum number of beach -end public
parking spaces to be removed shall be
two spaces or 20 feet.
(4) For any multiple -dwelling -unit develop-
ment or redevelopment, ingress and egress
access shall only be provided through a
single shared driveway to minimize the
elimination of beach -end public parking
spaces.
(Ord. No. 37-2003, § 2, 10-21-03)
Secs. 110-322-110-330. Reserved.
DIVISION 5. C-1 LOW DENSITY
COMMERCIAL DISTRICT*
Sec. 110-331. Intent; applicability.
(a) The requirements for the C-1 low density
commercial district are intended to apply to an
area adjacent to major arterial streets and
convenient to major residential areas. The types
of uses permitted are intended to serve the
consumer needs of nearby residential neighbor-
hoods, as well as the commercial needs of the
motorist. Lot sizes and other restrictions are
intended to reduce conflict with adjacent
residential uses and to minimize the interrup-
tion of traffic along thoroughfares.
(b) The provisions of this division shall apply
to all property designated as C-1 low density
commercial on the city's official zoning map.
Further, those properties zoned C-1 that are
located within the boundaries of the A1A Economic
Opportunity Overlay District, established pursu-
ant to article X of this chapter, shall be subject to
the guidelines and standards of that article.
(Code 1981, § 637.45; Ord. No. 01-2007, § 3,
2-20-07; Ord. No. 11-2012, § 4, 7-17-12; Ord. No.
20-2019, § 2, 1-21-20)
Sec. 110-332. Principal uses and
structures.
In the C-1 low density commercial district, the
following uses and structures are permitted:
(1) Retail stores, sales and display rooms.
(2) Personal service establishments, such as
beauty shops and barbershops, laundry
and dry cleaning pickup stations, tailor
shops and similar uses.
*Cross reference —Sign regulations in the C-1 low
density commercial district, § 94-99.
Supp. No. 29 CD110:46.3
§ 110-332
CAPE CANAVERAL CODE
(3) Professional offices, studios, medical or
dental clinics, laboratories, general offices,
business schools and similar uses.
(4) Hotels, motels with a minimum of 150
rental units. In no case shall there be
more than 30 rental units per net acre
nor shall a rental unit have a floor area
less than 300 square feet. Hotel and
motel units containing provisions for cook-
ing or light housekeeping shall have a
minimum floor area not less than 400
square feet. Motels and hotels may not
be converted to other types of dwellings
at more than the density required in this
chapter for such dwellings.
(5)
(6)
Restaurants.
Public and semipublic parks, playgrounds,
clubs and lodges, cultural facilities,
hospitals, medical or dental clinics, funeral
homes, government offices, schools,
churches and similar uses.
(7) Banks and financial institutions.
(8) Commercial recreation, such as driving
ranges, bowling alleys and similar uses.
(9) Plant nurseries and greenhouses, provided
that all outside display merchandise shall
be contained in the required setbacks.
(10) Repair service establishments, such as
household appliances, radio and TV and
similar uses.
(11) Kindergartens and child care facilities.
(12) Veterinary clinics.
(13) Retail sale of beer and wine for off -
premises consumption.
(14) Public schools.
(15) Assisted living facilities, subject to the
requirements of section 110-488.
(16) Places in which goods are produced and
sold at retail upon the premises.
(17) Vocational and trade schools not involv-
ing operations of an industrial nature.
(18) Car washes, including polishing and sale
of related materials.
(19) Automotive maintenance facilities, but
not automotive repair facilities.
(20) Tattoo establishments and body piercing
salons required to be licensed under
Chapter 381, Florida Statutes, provided
however, the establishment or salon must
be located within a building adjacent and
fronting State Road A1A (Astronaut Blvd.)
or the west side of N. Atlantic Avenue
south of Church Lane and no such
establishment or salon shall be permit-
ted to locate within 100 feet of any
property with a pre-existing residential
use or designated residential on the city's
comprehensive plan future land use map
and/or official zoning map. Said 100 feet
shall be measured by following a straight
line, without regard to intervening
structures, from the building or portion
thereof in which the establishment or
salon is occupying to the nearest bound-
ary of the residential property.
(Code 1981, § 637.47; Ord. No. 17-96, § 3,
10-1-96; Ord. No. 04-2006, § 2, 6-20-06; Ord. No.
04-2007, § 2, 6-19-07; Ord. No. 06-2011, § 2,
10-18-11; Ord. No. 06-2012, § 2, 4-17-12; Ord.
No. 02-2016, § 2, 7-19-16; Ord. No. 20-2019, § 2,
1-21-20)
Sec. 110-333. Accessory uses and
structures.
In the C-1 low density commercial district,
customary accessory uses of one or more of the
principal uses clearly incidental and subordinate
to the principal use, in keeping with the low
density commercial character of the district, are
permitted.
(Code 1981, § 637.49)
Sec. 110-334. Special exceptions permis-
sible by board of adjustment.
(a) Special exceptions may be permitted for
the following:
(1) Automotive service stations that were
lawfully approved and permitted by the
city pursuant to a special exception prior
to the effective date of Ord. No. 11-2015
[November 17, 2015] shall be considered
Supp. No. 29 CD110:46.4
J
J
C
C�
�1
ZONING § 110-337
a lawful, conforming use subject to all
applicable conditions and requirements
imposed by the city when said use was
previously permitted. In addition, such
automotive service stations may be modi-
fied to allow no more than ten fueling
stations (where one vehicle can be accom-
modated for refueling) within any one
filling station property or location,
whether said filling station is located on
one lot or comprises more than one lot.
An automotive service station may be
modified to allow up to 16 fueling sta-
tions on a single lot of at least one acre
with at least 275 feet of single street
frontage.
Any request for a modification to such
special exception is subject to Chapter
110, Article II, Division 4, City Code, and
all other applicable provisions of the City
Code.
(2) Pain management clinics, subject to the
requirements of section 110-489 of this
Code.
(3) Commercial establishments which sell,
dispense, serve or store alcoholic bever-
ages or which permit the consumption of
alcoholic beverages on their premises
subject to section 110-171.
(Code 1981, § 637.51; Ord. No. 02-2003, § 2,
3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord. No.
17-2010, § 2, 11-16-10; Ord. No. 06-2011, § 2,
10-18-11; Ord. No. 05-2013, § 2, 3-19-13; Ord.
No. 09-2014, § 2, 9-16-14; Ord. No. 11-2015, § 2,
11-17-15; Ord. No. 02-2016, § 2, 7-19-16; Ord.
No. 11-2017, § 2, 8-15-17)
Sec. 110-335. Prohibited uses and
structures.
In the C-1 low density commercial district, the
following uses and structures are prohibited:
(1) All uses not specifically or provisionally
permitted in this division.
(2) Any use which fails to meet performance
standards specifications as provided in
section 110-466.
(3) Bottle clubs.
(Code 1981, § 637.53)
Sec. 110-336. Area and dimensions.
In the C-1 low density commercial district, the
following areas and dimensions shall be required:
(1) Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet.
b. All other principal uses and
structures, 5,000 square feet, and,
in addition, the ratio of gross floor
area to lot area shall not exceed
1.5:1.0.
(2) Minimum lot width shall be as follows:
a. Service stations, hotels and motels,
100 feet.
b. All other principal uses and
structures, 50 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
(5) Minimum living or floor area shall be as
follows:
a. Hotels and motels, 300 square feet
per rental unit.
b. Hotel and motel units containing
provisions for cooking or light
housekeeping, not less than 400
square feet.
c. All other principal uses and
structures, 300 square feet.
(6) The maximum height of all buildings
constructed within the C-1 district shall
be 45 feet.
(Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96;
Ord. No. 24-2006, § 2, 1-2-07)
Sec. 110-337. Minimum setbacks.
(a) In the C-1 low density commercial district,
the minimum setbacks required shall be as
follows:
(1) Front, 25 feet. (See subsection (b) of this
section.)
Supp. No. 29 CD110:46.5
§ 110-337
CAPE CANAVERAL CODE
(2) Side (interior lot line), zero feet; 25 feet
when abutting a residential district.
(3) Side (corner lot line), 25 feet.
(4) Rear, ten feet; 25 feet when abutting a
residential district.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 637.55)
Sec. 110-338. Landscaping, screening and
parking.
In the C-1 low density commercial district,
landscaping, screening and parking shall be
provided pursuant to article IX of this chapter
pertaining to supplementary district regula-
tions.
(Code 1981, § 637.57)
Sec. 110-339. Offstreet parking and access.
In the C-1 low density commercial district,
offstreet parking and access to a public or private
street shall be provided in accordance with sec-
tion 110-466.
(Code 1981, § 637.59)
DIVISION 6. C-2
COMMERCIAL/MANUFACTURING
DISTRICT*
Sec. 110-340. Intent; applicability.
(a) The requirements for the C-2 commercial/
manufacturing district are intended to apply to
an area adjacent to major arterial streets, located
adjacent to existing commercial or manufactur-
ing uses and convenient to major residential
areas. This district would be associated with a
mix of low density commercial and light industrial.
The types of uses permitted are intended to
serve employment and consumer needs of nearby
residential neighborhoods, as well as the com-
Editor's note —Ord. No. 02-2016, § 2, adopted July 19,
2016, renumbered Div. 8 as Div. 6. At the editor's discretion,
to preserve the style of this Code, §§ 110-380-110-389 have
been renumbered as §§ 110-340-110-349.
mercial needs of the motorist. All principal uses
permitted in this zone shall be contained in an
enclosed structure.
(b) The provisions of this division shall apply
to all property designated as C-2 commercial/
manufacturing on the city's official zoning map.
Further, those properties zoned C-2 that are
located within the boundaries of the AlA Economic
Opportunity Overlay District, established pursu-
ant to article X of this chapter, shall be subject to
the guidelines and standards of that article.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 01-2007, § 3,
2-20-07; Ord. No. 11-2012, § 4, 7-17-12; Ord. No.
02-2016, § 2, 7-19-16; Ord. No. 20-2019, § 2,
1-21-20)
Sec. 110-341. Principal uses and
structures.
In the C-2 commercial/manufacturing district,
the following uses and structures are permitted:
1. Retail stores, sales and display rooms,
and shopping centers.
2. Personal service establishments, such as
beauty shops and barbershops, laundry
and dry cleaning pickup stations, tailor
shops, daycare and similar uses.
3. Dry cleaning establishments using
nonflammable solvents and cleaning fluids
as determined by the fire chief.
4. Professional offices, studios, medical and
dental clinics, laboratories, general offices,
business schools, data processing and
similar uses.
5. Banks and financial institutions.
6. Places in which goods are produced and
sold at retail upon the premises.
7. Restaurants; eating establishments that
manufacture and process food to be
consumed off site, such as bakeries and
delicatessens.
8. Noncommercial public parks; commercial
indoor playgrounds; clubs and lodges;
cultural facilities; hospitals; medical and
dental clinics; mortuaries and funeral
homes (excluding crematories); govern-
Supp. No. 29 CD110:46.6
J
ZONING § 110-341
ment offices; schools; adult and youth
centers; churches; reading rooms and
similar uses.
9. Vocational and trade schools not irivelv-
ing operations of an industrial nature,
such as truck driving schools.
10. Repair service establishments, such as
household appliances, radio, television
and similar uses.
11. Automotive service stations that were
lawfully approved and permitted by the
city pursuant to a special exception prior
to the effective date of Ord. No. 11-2015
[November 17, 2015] shall be considered
a lawful, conforming use subject to all
applicable conditions and requirements
imposed by the city when said use was
previously permitted. In addition, such
automotive service stations may be modi-
fied to allow no more than ten fueling
stations (where one vehicle can be accom-
modated for refueling) within any one
filling station property or location,
whether said filling station is located on
one lot or comprises more than one lot.
An automotive service station may be
modified to allow up to 16 fueling sta-
tions on a single lot of at least one acre
with at least 275 feet of single street
frontage. Any request for a modification
to such special exception is subject to
Chapter 110, Article II, Division 4, City
Code, and all other applicable provisions
of the City Code.
12. Light manufacturing, including:
a. Instruments for controlling, measur-
ing and indicating physical
characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instru-
ments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -oper-
ated devices and parts.
f. Photographic equipment and sup-
plies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and
athletic goods.
Radio, TV, phonograph and electron-
ics instruments and parts.
k. Pens, pencils and other office and
artist materials.
1. Costume jewelry, costume novelties,
buttons and notions.
m Other similar uses.
13. Craft distilleries, as defined by F.S.
§ 565.03, subject to the following:
a. Onsite production of distilled spirits
shall not exceed 75,000 gallons on
an annual basis; and
b. Tasting rooms and/or retail shops
associated with the distillery shall
be permitted but shall not exceed 50
percent of the total square footage
of the operation; and
c. No alcohol consumption, other than
that associated with the tasting
room, shall be permitted on -site;
and
d. No by-product of the distilling opera-
tion shall be discharged into the
city's wastewater system, unless it
is properly pre-treated as approved
by the city; and
e. All materials and supplies related
to the distillery operation shall be
stored in an enclosed structure.
J.
14. Veterinary hospitals and clinics.
15. Radio and television studios, broadcast-
ing towers and antennas.
16. Commercial establishments which sell,
dispense, serve or store alcoholic bever-
ages or which permit the consumption of
alcoholic beverages on their premises
subject to section 110-171.
17. Retail stores using outside display areas
subject to section 110-459.
Supp. No. 29 CD110:46.7
§ 110-341
CAPE CANAVERAL CODE
18. New and used automobiles, major
recreational equipment and mobile home
sales with accessory services, subject to
the following:
a. All outside areas where merchandise
is displayed shall be paved.
b. All ingress and egress points to
abutting streets shall be marked
clearly and placed not closer than
150 feet apart on the same street.
c. All servicing and repair activities,
except gasoline pumps, shall be
located in an enclosed structure.
d. There shall be no storage of junked
or wrecked automobiles, other than
temporary storage not to exceed 30
days, and these vehicles shall be in
an enclosed structure and not be
visible from outside the property.
e. Ingress and egress points shall not
be placed so as to endanger
pedestrian traffic.
19. Theatres, drive-in theatres, photographic
studios, bookstores, and dance studios,
unless such uses fall within the scope
and restrictions of section 10-86 et seq.
20. Car washes, including polishing, and sale
of related materials.
21. .Assisted living facilities, subject to the
requirements of section 110-488.
22. Plant nurseries and greenhouses, provided
that all outside display of merchandise
are contained within the required
setbacks.
23. Permanent and temporary onsite security
living facilities, subject to an annual
review and the following:
a. Maximum size not to exceed 800
square feet.
b. Security personnel only; no children
allowed.
c. Facility to be used exclusively for
security purposes.
24. Automotive maintenance facilities, but
not automotive repair facilities.
25. Tattoo establishments and body piercing
salons required to be licensed under
Chapter 381, Florida Statutes, provided
however, the establishment or salon must
be located within a building adjacent and
fronting State Road A1A (Astronaut
Blvd.), and no such establishment or
salon shall be permitted to locate within
100 feet of any property with a pre-
existing residential use or designated
residential on the city's comprehensive
plan future land use map and/or official
zoning map. Said 100 feet shall be
measured by following a straight line,
without regard to intervening structures,
from the building or portion thereof in
which the establishment or salon is
occupying to the nearest boundary of the
residential property.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2,
10-18-11; Ord. No. 11-2015, § 2, 11-17-15; Ord.
No. 12-2015, § 2, 11-17-15; Ord. No. 02-2016, § 2,
7-19-16; Ord. No. 20-2019, § 2, 1-21-20)
Sec. 110-342. Accessory uses and
structures.
In the C-2 commercial/manufacturing district,
customary accessory uses of one or more of the
principal uses, clearly incidental and subordinate
to the principal use, in keeping with the com-
mercial manufacturing character of the district,
are permitted.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2,
10-18-11; Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-343. Special exceptions permis-
sible by the board of adjust-
ment.
(a) Special exceptions may be permitted for
the following:
(1) Pain management clinics, subject to the
requirements of section 110-489 of this
Code.
(2) Commercial establishments which sell,
dispense, serve or store alcoholic bever-
Supp. No. 29 CD110:46.8
C
O
ZONING § 110-349
ages or which permit the consumption of
alcoholic beverages on their premises
subject to section 110-171.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2003, § 2,
3-4-03; Ord. No. 06-2011, § 2, 10-18-11; Ord. No.
05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2,
9-16-14; Ord. No. 02-2016, § 2, 7-19-16; Ord. No.
11-2017, § 2, 8-15-17)
Sec. 110-344. Prohibited uses and
structures.
In the C-2 commercial/manufacturing district,
the following uses and structures are prohibited:
1. All uses not specifically or provisionally
permitted in this division.
2. Any use which fails to meet performance
standards specifications as provided in
section 110-466.
3. Bottle clubs.
4. Crematoriums (animal or human).
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2,
7-19-16)
Sec. 110-345. Area and dimensions.
In the C-2 commercial/manufacturing district,
the following areas and dimensions shall be
required:
1. Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet.
b. All other principal uses and
structures shall be 10,000 square
feet.
2. Minimum lot width shall be as follows:
a. Service stations, 100 feet.
b. All other principal uses and
structures shall be 75 feet.
3. Minimum lot depth shall be 100 feet.
4. Maximum lot coverage shall be 50 percent.
5. Minimum floor area shall be 300 square
feet.
6. Maximum height shall be 45 feet.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2,
7-19-16)
Sec. 110-346. Minimum setbacks.
In the C-2 commercial/manufacturing district,
the minimum setbacks required shall be as
follows:
1. Front, 25 feet.
a. (See section 110-356 for special
setback.)
2. Side (interior lot line) 15 feet, except
where industrial property abuts a
residential district, in which case the
minimum side interior lot shall be 25
feet.
3. Side (corner lot line), 25 feet.
4. Rear, 15 feet, except where industrial
property abuts a residential district, in
which case the minimum rear yard
requirement shall be 25 feet.
5. Public or private street, 25 feet.
a. (See section 110-356 for special
setbacks.)
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2,
7-19-16)
Sec. 110-347. Landscaping, screening and
parking.
In the C-2 commercial/manufacturing district,
landscaping, screening and parking shall be as
provided in article IX of this chapter.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2,
7-19-16)
Sec. 110-348. Performance standards.
In the C-2 commercial/manufacturing district,
performance standards shall be as provided in
section 110-466, et seq.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2,
7-19-16)
Sec. 110-349. Parking and loading.
In the C-2 commercial/manufacturing district,
off-street parking shall be as provided in section
110-491, et seq., and off-street loading shall be
as provided in section 110-506, et seq.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2,
7-19-16)
Supp. No. 29 CD110:46.9
§ 110-351 CAPE CANAVERAL CODE
Sec. 110-350. Reserved.
DIVISION 7. M-1 LIGHT INDUSTRIAL AND
RESEARCH AND DEVELOPMENT
DISTRICT*
Sec. 110-351. Intent; applicability.
(a) The requirements for the M-1 light
industrial and research and development district
are intended to apply to an area located in close
proximity to transportation facilities and which
can serve light manufacturing, research and
development, distribution and other industrial
functions. Restrictions in this division are
intended to minimize adverse influences of the
industrial activities. All principal uses permit-
ted in this zone shall be contained in an enclosed
structure.
(b) The provisions of this division shall apply
to all property designated as M-1 light industrial
and research and development on the city's
official zoning map. Further, those properties
zoned M-1 that are located within the boundar-
ies of the A1A Economic Opportunity Overlay
District, established pursuant to article X of this
chapter, shall be subject to the guidelines and
standards of that article.
(Code 1981, § 638.01; Ord. No. 01-2007, § 3,
2-20-07; Ord. No. 11-2012, § 4, 7-17-12)
Sec. 110-352. Principal uses and
structures.
In the M-1 light industrial and research and
development district, the following uses and
structures are permitted, provided any use or
group of uses that are developed, either separately
or, if developed as a unit with certain site
improvements, shared in common, meet require-
ments of article IX of this chapter:
(1) General offices, studios, medical and
dental clinics, laboratories, data process-
ing and similar uses.
*Editor's note —Ord. No. 02-2016, § 2, adopted July 19,
2016, renumbered Div. 6 as Div. 7.
Cross reference —Sign regulations in the M-1 light
industrial and research and development district, § 94-99.
Supp. No. 29 CD110:46.10
(2) Engineering, laboratory, scientific and
research instrumentation and associated
uses.
(3) Manufacturing of:
a. Instruments for controlling, measur-
ing and indicating physical
characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instru-
ments and supplies.
d. Ophthalmic goods.
e.
f.
g•
Watches, clocks, clockwork -oper-
ated devices and parts.
Photographic equipment and sup-
plies.
Jewelry, silverware, plated ware.
h. Musical instruments and parts.
j•
k.
Toys, amusements, sporting and
athletic goods.
Radio, TV, phonograph and electron-
ics instruments and parts.
Pens, pencils and other office and
artist materials.
1. Costume jewelry, costume novelties,
buttons and notions.
m. Other similar uses.
Self-service storage facility, subject to
the requirements of section 110-459 of
this Code.
Automotive maintenance facilities.
Automotive repair facilities.
Adult entertainment establishments and
sexually oriented businesses, providing
it complies with the following provisions:
a. Definitions. Where applicable, words
or phrases used in this subsection
(7) shall be defined according to
chapter 10, article IV of the Cape
Canaveral City Code.
b. Prohibited locations. Notwithstand-
ing any other provision of the zoning
ordinance of the city, no person shall
cause or permit the establishment
J
ZONING § 110-352
of an adult entertainment establish-
ment or sexually oriented business
within 1,000 feet of another such
establishment or within 1,000 feet
of any pre-existing religious institu-
tion, public park, public library, or
any residentially zoned district
(including, but not limited to, R-1,
R-2, R-3) or area designated
residential on the city's
comprehensive plan future land use
map. No person shall cause or permit
the establishment of an adult
entertainment establishment or
sexually oriented business within
2,500 feet of an educational institu-
tion. No person shall cause or permit
the establishment of a public park,
public library, residential land use,
or religious institution within 1,000
feet, or an educational institution
within 2,500 feet, of an existing
adult entertainment establishment
or sexually oriented business. This
provision shall also apply to adult
entertainment establishments, sexu-
ally oriented businesses, religious
institutions, public parks, public
libraries, educational institutions
and areas zoned or designated on a
Comprehensive Plan for residential
use that lie outside of the city.
c. Permissible locations. Notwithstand-
ing any other provisions of the zoning
ordinance of the city, except those
contained in subparagraph b.,
prohibited locations, above, adult
entertainment establishments and
sexually oriented businesses shall
only be allowed in the M-1 zoning
district.
d. Measurement of distance. The
distance between any two adult
entertainment establishments or
sexually oriented businesses shall
be measured in a straight line,
without regard to intervening
structures, from the closest exterior
structural wall of each such
establishment. The distance between
any adult entertainment establish-
ment or sexually oriented business
and any residentially zoned or
designated land, religious institu-
tion, public park, public library or
educational institution shall be
measured in a straight line, without
regard to intervening structures,
from the closest exterior structural
wall of the adult entertainment
establishment or sexually oriented
business to the nearest boundary of
the area zoned or designated on the
comprehensive plan for residential
use, or nearest property boundary
of any religious institution, public
library, public park or educational
institution.
e. Reserved.
f. Variance. Upon written application
duly filed with the city, the city
council, may grant a variance, with
or without conditions and additional
safeguards, to the distance require-
ments of subparagraph b. above if it
finds:
1. That the proposed use will not
be contrary to the public inter-
est, detrimental to the public
welfare, or injurious to nearby
properties, and that the spirit
and intent of the zoning
ordinance will be observed;
2. That all applicable provisions
of this subsection and the city
sexually oriented business and
adult entertainment establish-
ment code will be observed;
3. That the proposed use will not
be contrary to any adopted land
use plan;
4 That special conditions and
circumstances exist which are
peculiar to the land, building
or proposed business which are
not generally applicable to other
Supp. No. 29 CD110:46.11
§ 110-352 CAPE CANAVERAL CODE
(8)
(9)
lands, buildings, or adult
entertainment or sexually
oriented businesses.
5. That the variance is the
minimum variance that will
make possible the reasonable
use of the subject land and
building for the intended
purpose; and
6. That the variance does not
confer upon the applicant any
special privilege.
Vocational schools and colleges.
Fireworks sales facilities subject to the
following distance requirements:
a. They shall be at least 1,000 feet
from any pre-existing fireworks sales
facilities;
b. They shall be at least 1,000 feet
from any pre-existing residential
use or property designated
residential on the city's
comprehensive plan future land use
map and/or official zoning map;
c. The distance shall be measured as
the shortest linear distance between
the property line of the proposed
fireworks sales facility and any pre-
existing fireworks sales facilities or
any pre-existing residential use or
property designated residential on
the city's comprehensive plan future
land use map and/or official zoning
map.
(10) Breweries, with or without tasting rooms
and associated retail sales.
(11) Tattoo establishments and body piercing
salons required to be licensed under
Chapter 381, Florida Statutes, provided
however, no such establishment or salon
shall be permitted to locate on property
adjacent to N. Atlantic Avenue or within
a building located within 100 feet of any
property with a pre-existing residential
use or designated residential on the city's
comprehensive plan future land use map
and/or official zoning map. Said 100 feet
shall be measured by following a straight
line, without regard to intervening
structures, from the boundary of the
property or building or portion thereof,
as applicable, on which the establish-
ment or salon is occupying to the nearest
boundary of the residential property.
(12) Convenience stores, including the sale of
gasoline at fueling stations, subject to
the following:
a. All setbacks shall be no less than 25
feet from any portion of the build-
ing, including pump island, but in
no case shall a lot have less than
100 feet of street frontage.
b. Underground storage is required for
all receptacles for combustible
materials in excess of 55 gallons.
Such storage shall comply with all
Environmental Protection Agency
standards.
c. The accumulation and storage of
waste petroleum products is forbid-
den, unless in compliance with
Environmental Protection Agency
standards.
d. Curb cuts shall be made in
accordance with section 110-493.
e. No service stations shall be erected
or located within 150 feet of the
property line of any church, hospital,
school or park.
f. No main accessory building, and no
gasoline pump shall be located within
25 feet of the lot line of a property
that is residentially zoned. A finished
concrete wall of at least eight feet in
height shall be provided along any
property line abutting a residential
district or residential use.
Primary services and sales permis-
sible include fueling stations and
electric charging stations, and
include only the following accessory
uses:
Supp. No. 29 CD110:46.12
g.
1. Tire servicing and repair, but
not recapping.
L%
O
O
ZONING § 110-352
2. Car wash services.
3. Oil changes and other engine
lubrication.
4. Sale of convenience goods for
service station customers.
5. Restroom facilities.
6. Accessory fast food services
without a drive -through.
7. Truck and trailer rentals.
h. Vehicles shall not be parked outside
the building for more than four
days, such four days to be considered
as an accumulated parking time,
whether consecutive or accumulated.
j•
Uses permissible at a service sta-
tion do not include body work,
straightening of body parts, paint-
ing, welding (other than minor
repairs), storage of automobiles not
in operating condition or other work
involving noise, glare, fumes, smoke
or other characteristics to an extent
greater than normally found in
service stations. A service station is
not a body shop.
Automotive parts, new or used, shall
not be stored outside.
k. Vehicles are not to be dismantled or
scrapped for parts.
1. Engine and transmission overhaul
may be performed only inside the
service bays.
m. A minimum of two enclosed service
bays and a customer waiting area
must be provided if maintenance
and repairs are a part of the busi-
ness.
n. A minimum building size of 2,000
square feet shall be provided.
o. No plants (grass, weeds, etc.) shall
be allowed to grow through cracks
or joints in the pavement.
p. Landscaping shall conform to sec-
tion 110-566.
q•
A minimum distance of 2,500 feet
by shortest airline measurement
shall be maintained between the
nearest point of a lot or lots used for
filling stations or automotive sta-
tions.
r. Lighting on a service station shall
be so designed and installed so as to
prevent glare or excessive light on
adjacent property. No source of
illumination shall be allowed if such
source of illumination would be vis-
ible from a residentially -zoned
district to the extent that it interferes
with the residential use of that area.
s. No gasoline pump shall be located
within 25 feet of a street right-of-
way line.
t. There shall be no more than ten
fueling positions (where one vehicle
can be accommodated for refueling)
within any one filling station
property or location, whether said
filling station is located on one lot
or comprises more than one lot.
However, up to 16 fueling stations
may be permitted on a single lot of
at least one acre with at least 275
feet of single street frontage.
(13) Outside storage, subject to section 110-
566, where applicable.
(14) Freight handling facilities: transporta-
tion terminals.
(15) Veterinary hospitals and clinics, subject
to the provisions designated in division 5
of this article for the C-1 district.
(16) Recycling activities for the collection of
nonhazardous materials, provided that
all storage of such materials shall be in
approved structures, containers or trail-
ers.
(17) Radio and TV studios.
(18) Shopping centers, provided the shopping
center is on a minimum ten -acre plot and
has a minimum of 75,000 square feet of
interior space under the roof All shop-
Supp. No. 29 CD110:46.13
§ 110-352 CAPE CANAVERAL CODE
ping centers shall be built in conformance
with the criteria for the classification of
shopping centers as set forth in the
building code adopted in section 82-31.
(19) Peimanent onsite security living facili-
ties, subject to an annual review and the
following:
a. Maximum size not to exceed 800
square feet.
b. Security personnel only; no children
allowed.
c. Facility to be used exclusively for
security purposes.
(20) Restaurants.
(21) Public buildings and facilities.
(22) Telecommunications towers, subject to
the provisions of section 110-482.
(23) Vehicle rental facilities, as provided in
section 110-556 of this Code.
(24) Vocational and trade schools not involv-
ing operations of an industrial nature.
(25) Retail stores, sales and display rooms,
subject to section 110-459.
(26) Personal service establishments, such as
beauty shops and barbershops, laundry
and dry cleaning pick up stations, tailor
shops, and similar uses.
(27) Hotels, motels with a minimum of 150
rental units. In no case shall there be
more than 30 rental units per net acre
nor shall a rental unit have a floor area
less than 300 square feet. Hotel and
motel units containing provisions for cook-
ing or light housekeeping shall have a
minimum floor area not less than 400
square feet. Motels and hotels may not
be converted to other types of dwellings
at more than the density required in this
chapter for such dwellings.
(Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96;
Ord. No. 17-96, § 4, 10-1-96; Ord. No. 5-99, § 1,
9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No.
08-2004, § 2, 5-4-04; Ord. No. 13-2004, § 4,
7-20-04; Ord. No. 03-2011, § 2, 5-17-11; Ord. No.
06-2011, § 2, 10-18-11; Ord. No. 08-2012, § 2,
6-19-12; Ord. No. 11-2015, § 2, 11-17-15; Ord.
No. 02-2016, § 2, 7-19-16; Ord. No. 20-2019, § 2,
1-21-20; Ord. No. 01-2020, § 2, 2-18-20)
Sec. 110-353. Accessory uses and
structures.
In the M-1 light industrial and research and
development district, accessory uses and
structures shall be permitted as follows:
(1) Retail sales of products manufactured
upon the premises.
(2) Customary accessory uses of one or more
of the principal uses, clearly incidental
and subordinate to the principal use, in
keeping with the light industrial and
research and development character of
the district.
(Code 1981, § 638.05)
Sec. 110-354. Special exceptions permis-
sible by board of adjustment.
(a) Special exceptions may be granted for the
following:
(1) Conveyor systems for purposes of moving
aggregate and other materials, subject to
the following:
a. Conveyor systems must be con-
nected and adjacent to Port
Canaveral.
b. Conveyor systems crossing the
setback must be constructed in a
north -south direction, perpendicular
to Port Canaveral.
c. Conveyor systems must be
completely enclosed where located
within a setback.
d. Conveyor systems shall not exceed
30 feet in height, where located
within a setback.
e. Conveyor systems in the setbacks
shall not be located within 750 feet
from any other existing or approved
conveyor system(s). This measure-
ment shall be drawn as a straight
line connecting the conveyor systems.
Supp. No. 29 CD110:46.14
ZONING § 110-360
(2) Pain management clinics, subject to the
requirements of section 110-489 of this
Code.
(3) Commercial establishments which sell,
dispense, serve or store alcoholic bever-
ages or which permit the consumption of
alcoholic beverages on their premises
subject to section 110-171.
(Code 1981, § 638.07; Ord. No. 13-95, § 1,
9-19-95; Ord. No. 1-96, § 3, 1-30-97; Ord. No.
8-97, § 1, 9-2-97; Ord. No. 16-2005, § 2, 10-4-05;
Ord. No. 01-2007, § 2, 2-20-07; Ord. No. 05-2013,
§ 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14; Ord.
No. 02-2016, § 2, 7-19-16; Ord. No. 11-2017, § 2,
8-15-17)
Cross reference —Adult entertainment, § 10-86 et seq.
Sec. 110-355. Prohibited uses and
structures.
In the M-1 light industrial and research and
development district, the following uses and
structures are prohibited:
(1) All uses not specifically or provisionally
permitted in this division and uses not in
keeping with the light industrial and
research and development character of
the district.
(2) Any use deemed objectionable by the
standards established in section 110-466
et seq.
(Code 1981, § 638.09)
Sec. 110-356. Area and dimensions.
In the M-1 light industrial and research and
development district, the area and dimensions
shall be as follows:
(1) Minimum lot area shall be 10,000 square
feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
(5) Minimum floor area shall be 300 square
feet.
(6) The maximum height of all buildings
constructed within the M-1 zoning district
shall be 45 feet.
(Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
Sec. 110-357. Minimum setbacks.
(a) In the M-1 light industrial and research
and development district, the minimum setbacks
required shall be as follows:
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), 15 feet, except
where industrial property abuts a
residential district, in which case the
minimum side interior lot shall be 25
feet.
(3) Side (corner lot line), 25 feet.
(4) Rear, 15 feet, except where industrial
property abuts a residential district, in
which case the minimum rear yard
requirement shall be 25 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 638.11)
Sec. 110-358. Landscaping, screening and
parking.
In the M-1 light industrial and research and
development district, landscaping, screening and
parking shall be as provided in article IX of this
chapter.
(Code 1981, § 638.13)
Sec. 110-359. Performance standards.
In the M-1 light industrial and research and
development district, perfot iiiance standards shall
be as provided in section 110-466 et seq.
(Code 1981, § 638.15)
Sec. 110-360. Parking and loading.
In the M-1 light industrial and research and
development district, offstreet parking shall be
Supp. No. 29 CD110:46.15
§ 110-360 CAPE CANAVERAL CODE
as provided in section 110-491 et seq. and off-
street loading shall be as provided in section
110-506 et seq.
(Code 1981, ch. 638.17)
Secs. 110-361-110-370. Reserved.
DIVISION 8. TOWNHOUSES*
Sec. 110-371. Permitted use.
Townhouses are permitted as an allowed use
in R-2 and R-3 districts.
(Code 1981, ch. 639)
Sec. 110-372. Area and dimensions.
Townhouse area and dimensions shall be as
follows:
(1) Minimum area to be developed shall be
6,250 square feet.
(2) Minimum lot area shall be 1,400 square
feet.
(3) For all townhouse subdivisions approved
after April 17, 2018, the minimum lot
width shall be 20 feet for interior lots, 28
feet for end lots, 45 feet for a corner lot
and 35 feet for a corner lot on a
nonconforming lot of record.
a. Should a townhouse structure built
on a lot that has become nonconform-
ing after April 17, 2018 be destroyed,
a new townhouse may be rebuilt on
such nonconforming lot,
notwithstanding the provisions of
section 110-196 relating to
nonconforming lots of record.
Minimum lot depth shall be 70 feet.
Maximum lot coverage by all buildings
shall be 40 percent of the site area.
(6) Minimum floor area shall be as follows:
a. One bedroom, 650 square feet per
dwelling unit.
(4)
(5)
*Editor's note —Ord. No. 02-2016, § 2, adopted July 19,
2016, renumbered Div. 7 as Div. 8.
b. Two bedrooms, 750 square feet per
dwelling unit.
c. Additional bedrooms, 200 square feet
per bedroom.
(7) Maximum building length or width shall
be 185 feet.
(8) For all townhouse units built after April
17, 2018, the minimum townhouse unit
width shall be 20 feet.
a. Should a townhouse unit that has
become nonconforming after April
17, 2018 be destroyed, a new
townhouse unit may be rebuilt,
provided that it is in conformity
with the provisions of this division
to the maximum extent possible,
notwithstanding the provisions of
section 110-193(c) relating to the
continuance of nonconforming
structures.
Until December 31, 1993, 50- and 75-foot-wide
nonconforming lots of record may have 16-foot-
wide townhouse lots. Further, notwithstanding
the above, for multiple -family dwellings and
two-family dwellings existing prior to October 4,
1988 that, although not located on individually
platted lots, were otherwise built in accordance
with townhouse standards, such dwellings may
be converted to townhouses with lot widths and
unit widths of 16 feet or more as necessary to
allow for the existing footprint of each dwelling
unit to remain. In addition, notwithstanding any
provision of Chapter 98 of this Code, such exist-
ing dwellings shall be allowed to remain in their
existing location, irrespective of an encroach-
ment into a yard setback, except that such
encroachment must be remedied upon the destruc-
tion of the encroaching unit.
With any application for a townhouse subdivi-
sion that proposes to convert an existing multiple -
family or two-family dwelling unit into a
townhouse, the applicant must submit a certified
report from a registered state professional
engineer that such dwelling was built in
accordance with townhouse standards and such
units shall also be subject to inspection by the
building official. Townhouse standards shall mean
Supp. No. 29 CD110:46.16
ZONING § 110-379
that the multiple -family dwelling or two-family
dwelling was built in accordance with the
applicable townhouse provisions of the adopted
Building Code at the time of its construction.
(Code 1981, § 639.03; Ord. No. 03-2018, § 2,
5-15-18)
Sec. 110-373. Minimum setbacks.
For townhouses, the minimum setbacks
required shall be as follows:
(1) Front, 25 feet.
(2) Side, end unit, eight feet.
(3) Side, interior unit, zero feet.
(4) Rear, 15 feet.
(5) Side, corner lot, 25 feet; on all nonconform-
ing lots of record, 15 feet.
(Code 1981, § 639.03)
Sec. 110-374. Offstreet parking.
For a townhouse, there shall be a minimum of
three parking spaces for each living unit located
on the same property as the main building. The
minimum of three parking spaces shall be required
of all living units of three bedrooms or less.
Living units containing in excess of three
bedrooms shall require an additional parking
space for each bedroom in excess of three.
(Code 1981, § 639.05)
Sec. 110-375. Utilities.
For townhouse utilities, the following shall
apply:
(1) All utility distribution systems, includ-
ing but not limited to television cable,
telephone and electrical systems shall be
installed underground. Primary facili-
ties providing services to the site may be
excluded.
(2) A five-foot public access easement shall
be provided along each side and across
the rear of the site.
(Code 1981, § 639.07)
Sec. 110-376. Reserved.
Editor's note —Ord. No. 09-2007, § 2, adopted Dec. 4,
2007, repealed § 110-376, which pertained to preservation of
trees and derived from Code 1981, § 639.09.
Sec. 110-377. Individually platted lots.
Each townhouse unit shall be located on an
individually platted lot. If there exists areas for
common use of the occupants, the plat will not be
approved until satisfactory arrangements are
made for maintenance and presented to the city.
Individual maintenance procedures shall be
submitted to the planning and zoning board to
ensure that all public areas in common open
spaces shall be maintained in a satisfactory
manner without expense to the city.
(Code 1981, § 639.11)
Sec. 110-378. Building permit.
The townhouse developer must file an applica-
tion for a building permit. The application must
be in a format approved by the building official
and shall include all elements necessary for
multi -family construction in accordance with
section 110-221 et seq. The expiration date of the
building permit shall be in accordance with
section 106.6.1 of the building code adopted in
section 82-31.
(Code 1981, § 639.13)
Sec. 110-379. Development schedule.
A townhouse development schedule shall be
submitted for review to the planning and zoning
board, who may approve, approve subject to
conditions or disapprove. When submitted, the
development schedule shall indicate the staging
of construction and the staging of open space or
other common use areas for conveyance, dedica-
tion or reservation; the geographic stages in
which the project will be built; the approximate
date when construction of each stage shall begin;
and its anticipated completion date. Provision
for the construction of cultural and recreational
facilities which are shown on the site plan shall
proceed at an equivalent or greater rate as the
construction of the dwelling units.
(Code 1981, § 639.15)
Supp. No. 29 CD110:46.17
§ 110-380 CAPE CANAVERAL CODE
DIVISION 9. PUBLIC RECREATION
(PUB/REC)
Sec. 110-380. Intent.
The intent of the Public/Recreation (PUB/
REC) zoning district is to provide land for public
facilities and active recreation while preserving
open space for enjoyment of nature. Uses within
this category shall be designed to provide a
high -degree of compatibility with community
needs and adjoining land uses, particularly
residential ones.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-381. Principal uses and
structures.
The principle uses and structures permissible
in the PUB/REC zoning district are as follows:
(1) Public parks, including open space,
playgrounds, and athletic fields.
(2) Public facilities such as city hall, public
schools, public safety buildings, public
utility facilities, city community centers,
and cultural institutions including
museums, libraries and art galleries.
(3) Public recreation facilities such as kayak
launches, skate parks, picnic tables and
pavilions, tennis, basketball and bocce
courts, and swimming pools.
(4) Multi -purpose recreation trails and
boardwalks.
(5) Frisbee golf courses.
(6) Drainage and stormwater facilities.
(7) Botanical and community gardens.
(8) City initiated, sponsored and approved
public art.
(9) Piers and non -motorized boat launches.
(10) Other public or recreational uses approved
by the city council at a duly held public
hearing, but only after the city council
has made an affirmative determination
based on competent substantial evidence
that the proposed use's height, scale and
intensity, hours of operation, building
and lighting design, setbacks, aesthetics,
buffers, noise, refuse, odor, particulates,
smoke, fumes and other emissions, natural
environmental impacts, parking and traf-
fic -generating characteristics, number of
persons anticipated using, residing or
working under the proposed use and
other offsite impacts, are compatible and
harmonious with the intent and purpose
of this zoning district and adjacent land
uses and environment and will not
adversely impact public services (includ-
ing water, sewer, stormwater and surface
water management, police, fire, parks
and recreation, streets, public transporta-
tion, marina and waterways and bicycle
and pedestrian facilities), land use activi-
ties and natural habitat and other
environmental considerations in the
immediate vicinity.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-382. Accessory uses and
structures
The accessory uses and structures permitted
in the PUB/REC zoning classification shall be as
follows:
(1)
(2)
Caretakers home.
Administrative, support, restrooms and
storage buildings of under 10,000 square
feet per building.
(3) Small snack bars, sandwich shops and
other incidental food and beverage services
under 1,000 square feet clearly incidental
and subordinate to the permitted park
and recreational facility and intended to
be utilized primarily by users of the park
or recreational facility.
(4) Community meeting halls/buildings
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-383. Special exceptions permis-
sible by the board of adjust-
ment.
Reserved
(Ord. No. 15-2019, § 2, 11-19-19)
Supp. No. 29 CD110:46.18
ZONING § 110-389
Sec. 110-384. Prohibited uses and
structures.
In the PUB/REC zoning district, all uses and
structures not specifically or provisionally permit-
ted in this division are prohibited.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-385. Area and dimensions.
In the PUB/REC zoning district, the following
area and dimensions shall apply:
(1) Minimum lot area shall be 5,000 square
feet.
(2) Minimum lot width shall be 50 feet.
(3) Minimum lot depth shall be 75 feet.
(4) Maximum coverage for building footprints
shall be 35 percent, with overall impervi-
ous coverage not exceeding 50 percent.
(5) Maximum building height shall be 35
feet.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-386. Minimum setbacks.
In the PUB/REC zoning district, the minimum
setback shall be 15 feet from all lot lines.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-387. Off-street parking and
access.
In the PUB/REC zoning district, off-street
parking and access to public or private roadways
shall be provided in accordance with Land
Development Code sections 110-491 and 110-
493.
(Ord. No. 15-2019, § 2, 11-19-19)
DIVISION 10. CONSERVATION (CON)
Sec. 110-388. Intent.
The intent of the Conservation (CON) zoning
district is to preserve the natural environment
and open space of certain areas deemed suited
for preservation while allowing for limited less -
active recreational opportunities compatible with
the area.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-389. Principle uses and
structures.
The following principle uses and structures
shall be permissible in the Conservation zoning
district:
(1) Public and private game preserves, city,
county and state parks, wildlife manage-
ment areas and refuges.
(2) Low -intensity public recreation, includ-
ing, but not limited to, bicycle/nature
trails, boardwalks pavilions and overlooks,
bird watching, recreational fishing, canoe-
ing or kayaking, nature centers and small,
low -intensity playgrounds.
Water conservation areas, reservoirs and
wells.
(3)
(4)
(5)
(6)
(7)
(8)
Natural vegetated areas.
Wetlands.
Aquatic preserves.
Historic or archaeologic sites.
Other passive, conservation related uses
approved by the city council at a duly
held public hearing, but only after the
city council has made an affirmative
determination based on competent
substantial evidence that the proposed
use's height, scale and intensity, hours of
operation, building and lighting design,
setbacks, aesthetics, buffers, noise, refuse,
odor, particulates, smoke, fumes and other
emissions, natural environmental impacts,
parking and traffic -generating
characteristics, number of persons
anticipated using, residing or working
under the proposed use and other offsite
impacts, are compatible and harmonious
with intent and purpose of this zoning
district and adjacent land uses and
environment, and will not adversely
impact public services (including water,
sewer, stormwater and surface water
management, police, fire, parks and
recreation, streets, public transporta-
tion, marina and waterways, and bicycle
and pedestrian facilities), land use activi-
Supp. No. 29 CD110:46.19
§ 110-389 CAPE CANAVERAL CODE
ties and natural habitat and other
environmental considerations in the
immediate vicinity.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-390. Accessory uses and
structures.
The accessory uses and structures permitted
in the Conservation zoning district shall be as
follows:
(1) Caretakers home.
(2) Administrative, support, restrooms and
storage buildings of under 10,000 square
feet.
(3) Any other uses found to be accessory and
incidental to a permitted principle use
and/or structure.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-391. Prohibited uses and
structures.
In the Conservation zoning district, any uses
or structures not specifically or provisionally
permitted in the district are prohibited.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-392. Area and dimensional
standards.
In the Conservation zoning district, the follow-
ing area and dimensions shall apply:
(1) Minimum lot area shall be one acre.
(2) Minimum lot width and depth shall not
be required, so long as the lot area is one
acre or more.
(3) Maximum coverage for building footprints
shall be 30 percent, with overall impervi-
ous coverage not exceeding 30 percent.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-393. Minimum setbacks.
Minimum front, side and rear setbacks shall
be 25 feet for the Conservation zoning district.
(Ord. No. 15-2019, § 2, 11-19-19)
Sec. 110-394. Off-street parking and
access.
In the Conservation zoning district, off-street
parking and access to public or private roadways
shall be provided in accordance with Land
Development Code sections 110-491 and 110-
493.
(Ord. No. 15-2019, § 2, 11-19-19)
Secs. 110-395-110-400. Reserved.
ARTICLE VIII. RESIDENTIAL PLANNED
UNIT DEVELOPMENTS
DIVISION 1. GENERALLY
Sec. 110-401. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Block means an area delineated within a
stage which is subdivided into lots for single
units and individual ownership.
Common open space means a parcel of land or
a combination of land and water within the site
designated as a residential planned unit develop-
ment and designed and intended for the use or
enjoyment of residents of the residential planned
unit development. Common open space shall be
integrated throughout the residential planned
unit development to provide for a linked
recreational/open space system.
Developer means a person who owns land
which is developed into a residential planned
unit development and who is actually involved in
the construction and creation of a residential
planned unit development.
Development plan means the total site plan of
the residential planned unit development drawn
in conformity with this article. The development
plan shall specify and clearly illustrate the
location, relationship, design, nature and character
of all primary uses, public and private ease-
ments, structures, parking areas, public and
private roads and common open space.
Supp. No. 29 CD110:46.20
ZONING § 110-401
Development schedule means a comprehensive
statement showing the type and extent of develop-
ment to be completed within the various
practicable time limits and the order in which
development is to be undertaken. A development
schedule shall contain an exact description of the
specific buildings, facilities, common open space
and other improvements to be developed at the
end of each time period.
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.
Supp. No. 29 CD110:46.21
ZONING § 110-459
may be waived by the city council upon the
recommendation of the planning and zoning
board.
(Code 1981, § 640.09(1))
Sec. 110-445. Preservation of trees.
Within the residential planned unit develop-
ment, trees shall be preserved in accordance
with section 102-36 et seq.
(Code 1981, § 640.09(J))
Secs. 110-446-110-455. Reserved.
ARTICLE IX. SUPPLEMENTARY
DISTRICT REGULATIONS*
DIVISION 1. GENERALLY
Sec. 110-456. Application of performance
standards.
(a) Any use, building, structure or land
developed, constructed or used for any permitted
principal use or any use permissible as a special
exception or any accessory use shall comply with
all of the applicable performance standards set
by federal, state and county regulations.
(b) If any use or building or other structure is
extended, enlarged or reconstructed, the
performance standards involved shall apply with
respect to such extended, enlarged or
reconstructed portion of such use, building or
other structure.
(Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-457. Outside storage.
(a) Outdoor storage yards and lots including
auto storage yards (but not scrap processing
yards or concrete batch mixing plants) if storage
is completely enclosed by a six-foot fence or wall
not less than 95 percent opaque.
*Cross references —Litter, § 34-26 et seq.; property
maintenance requirements, § 34-97; lighting regulations,
§ 34-206 et seq.; solid waste, ch. 62; signs restrictions based
on zoning district, § 94-96 et seq.
(b) All outside storage yards must also meet
section 110-566.
(Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-458. Shopping centers and retail
stores using outside display.
(a) The area of outside display shall not exceed
in size ten percent or 2,000 sf (whichever is
smaller) of the enclosed area of the principal
structure.
(b) The outside display area shall be considered
the same as the floor area for the purpose of
calculating offstreet parking, setbacks and lot
coverage. Further, required offstreet parking,
setbacks, lot coverage and landscaping shall not
be diminished by the outside display area.
(c) Maintain minimum five foot sidewalk clear-
ance for pedestrians.
(d) No customer parking or fire lanes shall be
used.
(e) No additional signage.
(f) All outdoor display must maintain a
minimum five foot sidewalk clearance.
(Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-459. Self-service storage facili-
ties.
The intent and purpose of this section is to
provide minimum design and operational require-
ments for self -storage facilities located within
the city.
(a) Design standards. After the 18th day of
February, 2020, the following minimum design
shall apply to the construction of new self-
service storage facilities or, to the maximum
extent feasible, the expansion or redevelopment
of existing self -storage facilities. Such minimum
standards shall be in addition to other applicable
design standards (e.g., EOOD, aesthetic review
process):
(1) Storage facilities are permitted only in
multi -story structures designed to emulate
office buildings compatible and in
harmony with applicable aesthetic
standards including the Economic
Opportunity Overlay District standards.
Supp. No. 29 CD110:59
§ 110-459
CAPE CANAVERAL CODE
(2) Storage facilities shall be designed to
ensure that access to individual storage
units is only available from an interior
col ridor of the building(s). Individual
storage units shall not exceed 300 square
feet of net floor area.
(3) The main office entrance of the storage
facility for design purposes shall be located
at ground level and oriented towards the
street side. The main office entrance
foyer shall contain a minimum interior
space dimension of at least ten feet in
height and 500 square feet in size. This
space shall be used as the main entrance
foyer for customers. However, up to 25%
of this space may also be used for storage
supply sales and office use to support the
rental of the storage units.
(4) If the storage facility abuts residentially
zoned property or existing residential
development, the facility loading bays,
docks or doors shall not be located on any
side abutting the residentially zoned
property or residential development and
shall not be visible from said residential
property.
(5) Access to interior common areas via load-
ing bays, docks, or doors may not be
located on a street facing side of a build-
ing.
(6) Storage facility access shall be secured
such that access to the individual storage
units shall only be gained after entering
the building through a secured access
point. Fences and walls including entry
gates shall be constructed of high quality
materials and shall be compatible and in
harmony with the design and materials
of the facilities and site. Decorative metal
or wrought iron fences are preferred.
Chain -link or similar fences, barbed wire
or razor wire fences and walls made of
precast concrete are prohibited. Fences
or walls are not allowed between the
main or front building on the site and the
street.
(7) Storage facility buildings shall be surfaced
in high quality materials compatible and
Supp. No, 29 CD110:60
in harmony with the site. Unfaced
concrete block, painted masonry, tilt -up
and pre -cast concrete panels and
prefabricated metal sheets are prohibited.
Prefabricated buildings are not allowed.
(8) Exterior colors, including any internal
corridors or doors visible through windows,
shall be muted tones.
(9) The facade of the storage facility build-
ing shall have exterior vertical surfaces
with at least 50 percent of the area
covered by a material or combination of
materials such as decorative brick veneer,
stone, stucco, textured block or similar
decorative materials. All materials shall
be of high quality.
(10) Storage facility buildings shall be clad
with a mix of durable, low maintenance
materials that convey the appearance of
high quality. Upon final compatibility
and harmony approval by the community
appearance board, allowed cladding
materials shall include high grade metal
composite materials with a factory -
applied finish, brick, brick veneer, stone,
simulated stone, stucco, cement
fiberboard, and concrete masonry units
with integrated color, provided the outer
surface is either split face or ground
faced, or a combination of the two.
Prohibited cladding materials include
unbacked, non -composite sheet metal
products (e.g., standing -seam metal or
flat panels that can be easily dented),
smooth faced concrete masonry units that
are painted or unfinished, board or batten
siding, plastic or vinyl siding or unfinished
wood.
(11) Storage facility buildings resembling long,
traditional warehouse buildings are
prohibited.
(12) Streetscape landscaping required by the
City Code shall not be fenced.
(13) Electrical service to the storage units
shall be for lighting and climate control
only. No electrical outlets are permitted
inside individual storage units. Lighting
ZONING § 110-459
fixtures and switches shall be of secure
design that will not allow the tapping of
fixtures for other purposes.
(14) The minimum lot size shall be not less
than one and one-half acres.
(15) The following images are demonstrative
examples of multi -story structures
designed to emulate office buildings:
fO.n'htiIIIIIIM
v`f u19�� ! f laid (L--,-
,�Illi,7r 0�
m' if@7h�,s,ll;'ti
Supp. No. 29
CD110:60.1
§ 110-459
CAPE CANAVERAL CODE
(b) Operational requirements. The following
minimum operational standards shall apply to
self-service storage facilities and tenants of
individual storage units:
(1) Individual storage units shall not be
used for activities such as residences,
offices, workshops, studios, or hobby or
rehearsal areas. Further, storage units
shall not be used for manufacturing,
fabrication or processing of goods, services
or repair of vehicles, engines, appliances
or other equipment, or any other industrial
activity whatsoever. In addition, storage
units shall not be used for commercial
activity or places of business of any kind
including, but not limited to, retail sales,
garage or estate sales, or auctions.
(2) Storage of flammable, explosive, perish-
able or hazardous materials within
individual storage units and on site is
prohibited.
(3) The storage of gasoline powered motor
vehicles within an individual storage unit
is prohibited.
(4) Keeping of animals is prohibited.
(5) Storage facilities shall not operate or
allow tenant access between the hours of
10:00 p.m. and 6:00 a.m.
(6) All goods and property shall be stored in
an enclosed building. Outdoor storage of
goods and property shall be prohibited.
(7) Temporary storage units or shipping
containers are prohibited on the property
except as provided under section 82-400
of the City Code.
(8) Storage facilities shall have security access
control to buildings and individual stor-
age units and enhanced electronic video
surveillance of the property.
(9) Rental agreements shall provide tenants
with written notice of the minimum
operational standards set forth in this
section and any other conditions imposed
by the city.
(Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 01-2020,
§ 2, 2-18-20)
Sec. 110-460. Veterinary hospital.
(a) The portion of the building used for
overnight boarding shall be completely soundproof.
(b) The building shall be located on an
individual and separate lot, provided all yards,
area, frontage and other requirements of the
Code are met for each structure within the
zoning district of which it is a part.
(c) Animals shall be kept in the enclosed
soundproof buildings during the hours of 9:00
p.m. to 6:00 a.m.
(d) A veterinary hospital may be a part of any
development when the same meets the following
criteria:
(i) The facility shall be heated and cooled by
a unit separate from such unit for the
rest of the development.
The facility shall be serviced by a water
supply separated from the main water
supply by a backflow preventer or air
gap.
(iii) The facility shall be soundproofed from
the rest of the development.
(iv) The facility shall have its own independent
exterior entrance exclusive from any
common entrances.
(Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-461. Car wash.
(a) Car washing facilities must be within a
structure with a roof.
(b) The vacuums, blowers and similar devices
may be outside the building but may not be
located within 150 feet from a residentially -
zoned property unless properly soundproofed
and/or regulated by hours of operation.
(c) All car washes permitted and constructed
within the city after July 19, 2016 shall install,
utilize, and maintain a water recycling system,
pursuant to a water recycling system plan
approved by the city's development review com-
mittee, which recycles and reuses at least 50
Supp. No. 29 CD110:60.2
U
O
C
ZONING § 110-462
percent of wash and rinse water. Failure to
install, utilize, or maintain the water recycling
system shall be a violation of this Code.
(Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-462. Single-family residential
second kitchen facility.
A second kitchen facility may be incorporated
into a single-family residence, provided the second
kitchen meets the following conditions:
(a) The second kitchen facility and the area
or quarters it serves shall be integrated
architecturally, both internally and
externally, with the single-family
residence. Externally, the structure shall
have the appearance of one residence.
Internally, there shall be direct access to
the kitchen facility and its area from the
living area or quarters of the single-
family residence.
(b) The area or quarters to be served by the
kitchen facility shall not exceed 600 square
feet, excluding the kitchen facility and
bath area.
(c) A floor plan of the entire single-family
residence, including the additional kitchen
facility, shall be submitted to the build-
ing department in order to illustrate
Supp. No. 29 CD110:60.3
C
C
ZONING § 110-489
(vii) A floor plan showing the location
and nature of adequate security
measures, including those required
by the State of Florida for controlled
substances, to safeguard all drugs
to be dispensed in the course of its
business.
(viii) An affidavit of the medical director
of the pain management clinic,
signed under oath, attesting:
(A) That their practice is located
at the subject site;
(B) That no employees of the facil-
ity have been convicted of a
drug -related felony within the
five years preceding the
application for special excep-
tion;
(C) That the pain management
clinic will not knowingly employ
any such convicted felons
thereafter; and
(D) For pain management clinics,
that the medical director shall
be required to inform the city
within ten days should the
medical director be terminated
or otherwise leave the affilia-
tion of the pain management
clinic as medical director.
The medical director of the pain
management clinic shall be required
to keep all application information
updated with the city at all times,
even after issuance of a special excep-
tion, and said information shall be
verified annually by the city in
conjunction with the city's local busi-
ness tax receipt renewal process.
The medical director of the pain
management clinic shall notify the
city of any change to the informa-
tion within ten days of any new
person becoming associated with the
pain management clinic or any other
change to the application informa-
tion required herein. Failure to
properly maintain updated informa-
tion with the city shall be grounds
for revocation of the special excep-
tion.
(r) Single special exception application /
Single classification of special exception.
Only one special exception may be issued
for a location or any single building and
only under a single classification for a
pain management clinic.
(s) Compliance with law. The pain manage-
ment clinic shall at all times be subject to
the requirements of all applicable federal,
state, county and local laws and
ordinances, as they may be amended
from time to time.
(t) Suspension or revocation of special excep-
tion. Any special exception granted for a
pain management clinic may be temporar-
ily suspended or absolutely revoked by
majority vote of the board of adjustment
at a public hearing, when the board of
adjustment has determined by competent
substantial evidence that either:
(i) The pain management clinic has
obtained the special exception upon
false statements, fraud, deceit,
misleading statements, or suppres-
sion of material facts;
(ii) The pain management clinic has
committed substantial violations of
the terms and conditions on which
the special exception was granted;
(iii) The pain management clinic no
longer meets the requirements of
this section or other applicable law;
or
(iv) The medical director or any other
employee of the pain management
clinic knowingly allowed illegal
activities to be conducted on the
premises.
Prior to any special exception being
revoked, the pain management clinic shall
be provided with minimum due process
including notice of the grounds for revoca-
tion and hearing date, an opportunity to
Supp. No. 29 CD110:73
§ 110-489
CAPE CANAVERAL CODE
be heard, the right to present evidence,
and the right to cross-examine adverse
witnesses.
(u) Certification affidavit by applicants for
related uses.
(i) Any application for a business tax
receipt under chapter 70 of this
Code, as a pain management clinic
as such terms is defined in section
110-1 of this Code, shall be
accompanied by an executed affidavit
certifying registration with the State
of Florida and the city as a pain
management clinic. The failure of
an applicant to identify the busi-
ness in the application for a busi-
ness tax receipt as a pain
management clinic will result in the
immediate expiration of the busi-
ness tax receipt and immediate ceas-
ing of all activity conducted in the
pain management clinic.
(ii) Any applicant's application for a
business tax receipt and executed
affidavit relating to use as a pain
management clinic, where applicable,
shall be provided to the city build-
ing division at the time of the
proposed use.
(2) [Reserved.]
(Ord. No. 06-2011, § 2, 10-18-11; Ord. No.
09-2014, § 2, 9-16-14; Ord. No. 11-2017, § 2,
8-15-17; Ord. No. 04-2018, § 2, 6-19-18)
Sec. 110-490. Donation bins prohibited.
It shall be unlawful to deposit, store, keep or
maintain or to permit to be deposited, stored,
kept or maintained, a donation bin in or on any
lot, parcel or tract of land in any zoning district.
As used in this section, "donation bin" shall
mean any unattended container, receptacle or
similar device that is located on any property
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)
Sec. 110-490.1. Vacation resort campus.
A vacation resort campus is a multiple build-
ing property that includes a hotel, condominium,
cooperative or timeshare plan, or any combina-
tion thereof, and is also a transient public lodg-
ing establishment duly licensed pursuant to F.S.
ch. 509, and in which the units are master
planned and organized in a campus arrange-
ment that meets the following requirements:
(a) The campus shall be master planned
pursuant to the terms and conditions of a
negotiated development agreement
approved by the city council;
(b) The campus, as used herein, shall contain
a minimum of 25 contiguous acres of C-1
zoned property or a combination of C-1
and R-3 zoned property in which a hotel
operation must exist within the campus;
(c) The campus shall have direct access on a
thoroughfare or high capacity roadway;
(d) The campus shall provide indoor and
outdoor recreational amenities customar-
ily provided by a resort for their guests,
such as a pool, theater, restaurant, day-
care, etc.;
(e) The campus shall include a food service
facility that is open to the general public;
(f) The total number of units in the campus
shall not exceed the maximum density of
the underlying zoning category; and
(g) All development criteria shall be governed
by the underlying zoning category, includ-
ing but not limited to building setbacks,
building separation, required parking,
height limits and density, unless otherwise
agreed by the city in the master develop-
ment agreement required by this section.
(Ord. No. 10-2013, § 2, 7-16-13)
Editor's note —Ord. No. 10-2013, § 2, adopted July 16,
2013, set out provisions intended for use as § 110-491. At the
editor's discretion, to prevent duplication of section numbers,
these provisions have been included as § 110-490.1.
Sec. 110-490.2. Oak Lane.
Notwithstanding any contrary provision in
the City Code, the following provisions shall
apply to properties abutting Oak Lane:
(a) The minimum front setback shall be 19
feet.
Supp. No. 29 CD110:74
J
ZONING § 110-491
(b) Private driveway aprons, curbing, pavers,
mailboxes, landscaping, and utilities
("Private Improvements" ) may be
maintained by property owners within
the unpaved portion of Oak Lane at the
property owner's expense. However, upon
written notice by the city, property owners
shall be required to remove and relocate
the private improvements in the event
the city determines that removal and
relocation is required because of any of
the following reasons:
(1) An emergency exists;
(2) The private improvements interfere
with the free flow of vehicular or
pedestrian traffic within Oak Lane;
or
(3) The repair, maintenance or improve-
ment of Oak Lane by the city.
(Ord. No. 17-2019, § 2, 11-19-19)
DIVISION 2. OFFSTREET PARKING*
Sec. 110-491. Number of spaces required.
There shall be provided at the time of the
erection or change of use of any main building or
structure or at the time any main building or
structure is enlarged or increased in capacity, by
adding dwelling units, guestrooms, floor area or
seats, minimum offstreet automobile parking
space with adequate provisions for ingress or
egress in accordance with the following:
(1) Auditoriums, theatres, clubs, lodges,
restaurants and other places of assembly.
One space for each three seats or seating
places or one space for every 100 square
feet of floor area of the main assembly
hall, whichever is greater.
(2) Churches, temples or places of worship.
One space for each four seats or seating
places or one space for each 125 square
feet of floor area of the main assembly
hall, whichever is greater.
*Cross references —Requirements for landscape appear-
ance and maintenance, § 34-99; buildings and building
regulations, ch. 82.
(3) Hospitals. Two spaces for each patient
bed plus one space for each employee on
the largest work shift.
(4) Libraries, museums. Offstreet parking
spaces equal in area to 50 percent of the
floor area open to the public.
(5) Manufacturing and industrial uses. One
space for each employee on the largest
work shift.
(6) Medical or dental clinics. Three spaces
for each examination or treatment room
plus one space for each employee.
(7) Mortuaries. One space for each five seats
or seating places, exclusive of areas needed
for ambulances.
(8) Nursing or convalescent homes and
sanitariums. One space for each four
patient beds plus one space for each
employee on the largest work shift.
(9) Commercial, office and professional build-
ings, excluding medical and dental clin-
ics. One space for each 300 square feet of
gross floor area.
(10) Public buildings. One space for each five
seats or seating places or one space for
every 150 square feet of floor area in the
main assembly room, whichever is greater.
(11) Residential uses, including single-family,
two-family and multiple -family dwell-
ings and mobile homes. Two spaces for
each living unit.
(12) Colleges, technical and vocational schools.
One space for each student and faculty
member.
(13) Hotels and motels. One space for each
sleeping unit plus one space for 12 sleep-
ing units for employee parking.
(14) Assisted living facilities. One space for
each employee on the largest working
shift plus two spaces for every three
units.
Supp. No. 29 CD110:74.1
§ 110-491 CAPE CANAVERAL CODE
(15) All other uses. To be determined by the
building official, who shall use the ratios
established in this section as a standard
for determining the requirements.
(Code 1981, § 641.01(A); Ord. No. 17-2010, § 2,
11-16-10)
Sec. 110-492. Location of spaces.
(a) Parking spaces for all residential uses
shall be located on the same property as the
main building, except that one-half the total
number of required spaces for multiple -family
dwellings, townhouses and mobile homes may be
located in a common parking facility not more
than 200 feet distant from the nearest boundary
of the site.
(b) Parking spaces for other uses shall be
provided on the same lot or not more than 500
feet distant.
(c) Parking requirements for two or more uses
of the same or different types may be satisfied by
the allocation of the required number of spaces
for each use in a common parking facility.
(d) Required offstreet parking areas for seven
or more automobiles shall have individual spaces
marked and shall be so designed, maintained
and regulated that no parking or maneuvering
shall be on any landscaped buffer, public street,
walk or alley and so that any automobile may be
parked and unparked without moving another,
allowing, however, a driveway of not more than
24 feet total on any street or alley for ingress or
egress to the offstreet parking area.
(e) Parking spaces, access drives and aisles,
and dumpster areas are permitted within
setbacks.
(f) Temporary parking on unpaved areas may
be approved by the city manager or designee as
part of a permitted outdoor entertainment event
or city special event. Such approval shall apply
only to properly licensed, operable motor vehicles
for a specified limited duration.
(Code 1981, § 641.01(B); Ord. No. 04-2011, § 2,
6-21-11; Ord. No. 06-2013, § 2, 6-18-13)
Sec. 110-493. Access.
(a) In order to promote the safety of the
motorist and the pedestrian and to minimize
traffic congestion and conflict by reducing the
magnitude of and the points of contact, the
following shall apply:
(1) A point of access (a driveway or other
opening for vehicles onto a public street)
shall not exceed 24 feet in width, except
as otherwise provided in this division.
(2) The maximum number of points of access
permitted onto any one street shall be as
follows:
Lot Width Abutting
Street
Number of
Points of
Access
Less than 125 feet 1
Over 125 feet 2
provided; however, that a residential lot
of less than 125 feet may have a circle
driveway with two points of access
provided that it comply with the other
terms and conditions of this section.
(3) Joint use access between abutting proper-
ties is encouraged and there may be
pei witted a single joint use point of
access up to 35 feet in width. Service
stations shall be permitted two openings
not to exceed 35 feet each in width along
any abutting public street, provided that
such property abuts such street for a
distance of not less than 120 feet.
(4) There shall be a minimum distance of 30
feet between any two openings onto the
same street.
(5) No point of access shall be allowed within
30 feet of the intersection of the right-of-
way lines of any public street.
(6) No curbs shall be cut or altered and no
point of access or opening for vehicles
onto a public street shall be established
without a permit issued by the building
department.
(7) In lieu of any two openings permitted on
any one street, there may be permitted a
Supp. No. 29 CD110:74.2
ZONING § 110-522
single point of access up to 35 feet in
width when the property frontage is in
excess of 200 feet.
(b) Projects for which a site plan is required,
such as plaza developments, compound uses and
shopping centers, shall be considered on an
individual basis and may deviate from this sec-
tion in the interest of traffic safety, upon recom-
mendation by the planning and zoning board.
(c) One -family, two-family and three-family
dwelling units shall be exempt from this section.
(Code 1981, § 641.01(C); Ord. No. 3-96, § 1,
3-5-96; Ord. No. 26-96, § 1, 1-14-97)
Sec. 110-494. Dimensions.
Offstreet parking spaces shall consist of a
minimum paved area of 180 square feet for
parking an automobile, exclusive of access drives
or aisles thereto. The minimum width of each
space shall be ten feet and minimum length shall
be 18 feet.
(Ord. No. 04-2017, § 2, 4-18-17)
Secs. 110-495-110-505. Reserved.
DIVISION 3. OFFSTREET LOADING
Sec. 110-506. Requirements.
(a) Every permitted use requiring the receipt
or distribution by vehicles of materials or
merchandise and having a floor area of 10,000
square feet or more shall have at least one
permanently maintained offstreet loading space
for each 10,000 square feet or fraction thereof of
gross floor area.
(b) Single -occupancy retail operations,
wholesale operations and industrial operations
with a gross floor area of less than 10,000 square
feet shall provide sufficient receiving space on
the property so as not to hinder the movement of
vehicles and pedestrians over a sidewalk, street
or alley.
(Code 1981, § 641.03(A))
Sec. 110-507. Location and dimensions of
space.
Each offstreet loading space shall have direct
access to an alley or street and shall have the
following minimum dimensions:
(1) Length, 45 feet.
(2) Width, 12 feet.
(3) Height, 14 feet.
(Code 1981, § 641.03(B))
Secs. 110-508-110-520. Reserved.
DIVISION 4. HOME OCCUPATIONS*
Sec. 110-521. Permitted home occupations.
Customary home occupations which are
incidental to the permitted residential use shall
be allowed in any district which permits home
occupations.
(Code 1981, § 641.07)
Sec. 110-522. Requirements.
(a) Home occupations are permitted within
the confines of any dwelling unit, provided all
restrictions of this section are complied with.
(b) The primary use of the building shall
remain residential, and the operator of the home
occupation shall remain a resident thereof.
(c) No structural additions, enlargements or
exterior alterations changing the residential
appearance to a business or commercial appear-
ance shall be permitted.
(d) No home occupation shall occupy an area
greater than 25 percent of the first floor area of
the dwelling unit, exclusive of the area of any
open porch or attached garage or similar space
not suited or intended for occupancy as living
quarters. No rooms which have been constructed
as an addition to the residence or any attached
garage or porch which has been converted into
living quarters shall be considered as floor area
until two years after the date of completion
thereof.
*Cross reference —Occupational license tax, § 70-66 et
seq.
Stipp. No. 29 CD110:74.3
§ 110-522 CAPE CANAVERAL CODE
(e) No additional and separate entrance
incongruent with the residential structural design
shall be constructed for the purpose of conduct-
ing the home occupation.
(f) The home occupation shall be conducted
entirely within the dwelling unit used as the
residence.
(g) For single-family, duplex or townhouse
structures, no display of goods or external evidence
of the home occupation shall be permitted other
than one nonilluminated nameplate, not exceed-
ing two square feet in area, which may be
displayed affixed flat against the exterior surface
at a position not more than two feet distant from
the main entrance of the dwelling unit concerned.
For structures housing multifamily or mixed
uses, no external evidence of the home occupa-
tion shall be permitted.
(h) No provision for offstreet parking or load-
ing facilities, other than the requirements of the
district in which the use is located, shall be
permitted. Occupations which generate greater
volumes of traffic than would normally be expected
in a residential neighborhood are prohibited.
(i) No stock in trade or commodities, other
than those prepared, produced or created on the
premises by the operator of the home occupation,
shall be kept or sold on the premises.
(j) No motor power other than electric motors
shall be used in conjunction with a home occupa-
tion. The total horsepower of such motors shall
not exceed three horsepower or one horsepower
for any single motor.
(k) No equipment or process shall be used in a
home occupation which creates noise, vibration,
glare, fumes or odors, detectable to the normal
senses off the lot. No equipment or process shall
be used which creates visual or audible interfer-
ence in any radio or television receiver or causes
fluctuation in line voltage outside the dwelling
unit. No home occupation shall interfere with
the reasonable enjoyment of adjoining or nearby
dwelling units or properties.
(Code 1981, § 641.09)
Sec. 110-523. Local business tax receipt
required.
Permitted home occupations shall comply with
the city local business tax levied pursuant to
section 70-66 et seq.
(Code 1981, § 641.11; Ord. No. 02-2007, § 9,
2-20-07)
Secs. 110-524-110-535. Reserved.
DIVISION 5. SETBACKS
Sec. 110-536. Building setback lines.
(a) The following shall be the minimum build-
ing setback lines along the listed roads:
(1) Highway A1A (portions known as North
Atlantic Avenue and Astronaut
Boulevard). Setback, each side, from the
northern city boundary to the southern
city boundary shall be 50 feet from the
highway right-of-way.
(2) North Atlantic Avenue (that portion of
North Atlantic Avenue also known as
Palm Avenue and S.R. 401). Setback,
each side, from its intersection with
Monroe Avenue to the northern city
boundary shall be 50 feet from the right-
of-way.
(3) Ridgewood Avenue. Setback, each side,
from the southern city boundary to the
northern city boundary of Ridgewood
Avenue shall be 25 feet from the right-of-
way.
(b) On the Atlantic Ocean, the setback shall
comply with the coastal construction setback.
See section 82-81 et seq.
(c) In detei mining the setback requirements
for any building proposed to be erected, the
setback requirements in this section shall be
construed as a minimum setback, and if a greater
Supp. No. 29 CD110:74.4
APPENDIX OF FEES
Chapter 10. Amusements and Entertainments
Article III. Outdoor Entertainment
0d
/1nmumt Section
(u) Permit fee for events where attendance is estimated to be
200 or less persons ..... ..... .. . .................. ... $850.00 10'81
(b) Permit fee for events where attendance is estimated tobo
201 or more persons . . . . . .. . . .. . . . . . . . .. . . .. . . . . .. . .. . $500.00 10'61
(o) Extra personnel hours, as dofiumI in chapter lO Actual cost 10'73
(d) Cleanup and damage deposit for events where attendance
isestimated tobe800orless persons $250.00 10-66
(o) Cleanup and damage deposit for events where attendance
iaestimated tobe 20lnrmore persons $500.00 10'88
Article DVAdult Entertainment
Code
Amount Section
(u) Appeal o{license orpermit denial, suspension nrrevoca-
tion 50.00 10-99(b)
(b) License for establishment:
(l)Application fee, nonrefundable 200.00 10'98
(2)License fees: 10'103
o. Adult bookstore/adult video store 750.00
b. Massage establishment 1'000.00
o. Adult motion picture theaters 750.00
l. Having only adult motion picture booths, each
booth, limited to u cumulative fee not to exceed
$1,000.00 200.00
2. Having only uhall or auditorium, each seat or
place, limited toacumulative fee not toexceed
$1,000.00 ..... . . . .... ........... . . . ......... ... . 15.00
3. Having a combination of any of the places listed
in items (2)o.l, 2` the &*e shall be the fee
applicable toeach, limited toacumulative fee not
toexceed $l,0O0.00
d. Adult dancing establishment 1'000.00
o. Adult motel 750.00
f. Adult performance establishments 750.00
g. Commercial bodily contact establishment 750.00
Sunp No.nV CDB:0
CAPE CANAVERAL CODE
Code
Amount Section
h. Escort service 750.00
(3) Application for change of location 200.00 10-123(a)
(4) Change of name 3.00 10-123(b)
(c) Permit for employees:
(1) Application fee 16.00 10-139(e)
(2) Renewal fee 16.00 10-143
(3) Replacement of lost permit 10.00 10-148
Chapter 22. Community Development
Article III. Community Appearance Review
Code
Amount Section
1. Level I
a. Commercial and industrial projects 850 square feet or
less 75.00 22-42
b. One to three residential units 75.00 22-42
c. All signs 35.00 22-42
d. Fences 1-3 residential units 0 22-42
e. Single-family residential addition 850 square feet or
less 35.00 22-42
f. Wall mural 75.00 22-42
g. Accent lighting 50.00 22-42 (94-1)
2. Level II
a. Commercial and industrial projects over 850 square
feet 750.00 22-42
b. Four or more residential units 750.00 22-42
c. Commercial fences 75.00 22-42
Chapter 30. Emergency Services
Article II. Alarm Systems
(a) Failure to provide response to alarm location, each occur-
rence
Supp. No. 29 CDB:6
Code
Amount Section
150.00 30-30(a)
APPENDIX B—SCHEDULE OF FEES
(b) False alarm, second or subsequent response within a one-
year period:
(1) Fire response
(2) Police response
(c) Appeal of filing fee ..... ..... ...........
(d) Permit fee
(e) Renewal fee
(f) False alarm fee
Code
Amount Section
150.00
25.00
10.00
15.00
15.00
30-30(b)
30-33(b)
30-28
30-27(c)
30-31(a)
Number of false alarms
Fee per false alarm
One through three
$0.00
Fourth
$50.00
Fifth
$75.00
Sixth
$100.00
Supp. No. 29 CDB:6.1
APPENDIX B—SCHEDULE OF FEES
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations
Code Section 82-2
(A) Building permit fees. On all buildings, structures or alterations requiring a building permit, a
fee set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
Valuation
Fee
S500.00 or less
$50.00
$501.00 to and including $1,500.00
$65.00
$1,501.00 to and including $3,000.00
SSO.00
3,001.00 to and including $20,000.00
$80.00 for the first S2,000.O0 and $7.00 for
each additional S1,000.00 or fraction thereof
to and including 820,000.00
$20,001.00 to $100,000.00
S206.00 for the first S20,000.00 and $5.00 for
each additional $1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to $500,000.00
$606.00 for the first $100,000.00 and $4.50 for
each additional $1,000.00 or fraction thereof
to and including $500,000
500,001.00 and up
$2,406.00 for the first $500,000.00 and $3.00
for each additional S1,000.00 or fraction thereof
The total valuation for assessment of permit fees shall be based upon the actual construction
contract price for the work required to be permitted including the contract price for any new
structure(s), with satisfactory evidence of same being submitted to the building official, or a
construction cost estimate made by the building official, using the latest valuation data published by
the International Code Council (I.C.C.), whichever is greater, except as otherwise provided in this
section. In no case shall the valuation be less than that determined by using the latest valuation
data published by the I.C.C.
(B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the
valuation of the proposed construction exceeds $1,000.00 and plans and/or specifications are required
to be submitted, a plan checking fee shall be paid at the time the permit is issued.
The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall
be in addition to the building permit fee.
When the valuation of the proposed construction exceeds $500,001.00, a nonrefundable plan review
deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the
anticipated plan review fee.
When a dispute exists in the review of the plans and specifications for construction, the applicant
may request a hearing before the construction board of adjustment.
Supp. No. 29 CDB:15
CAPE CANAVERAL CODE
(C) In addition to any fee or fees charged in subsections (A) and (B), a fee set forth below shall be
paid at the time the permit is issued. Note: Reroofing, remodeling, alterations, additions and repairs
permit fees shall be paid in accordance with subsections (A) and (B) only.
Plumbing, new, residential, per bathroom
$70.00
Plumbing, new, hotel/motel, per unit
S70.00
Plumbing, new, commercial, per bathroom 0
S70.00
Sewer tap inspection fee
870.00
Electrical, new, single-family
8110.00
Electrical, new, multifamily, per unit
$85.00
Electrical, new, hotel/motel, per unit
$70.00
Electrical, new, commercial, per unit
$70.00
Mechanical, new, residential, per unit
S85.00
Mechanical, new, hotel/motel, per unit
860.00
Mechanical, new, commercial, per system
$60.00
Well, deep or shallow
860.00
Moving of building
3160.00
Demolition of building
S110.00
(D) Other fees:
Fire alarm permit
Per valuation table "A" plus fire department fee
calculation
Fire sprinkler permit
Per valuation table "A" plus fire department fee
calculation
Preliminary review of construction plans
850.00 per hour or portion thereof
Change of Contractor/Sub-Contractor
$30.00
Per iit Revision Fee. Minimum half-hour
charge
$25.00 per half hour
Stormwater Review Fee
S55.00 per hour
Non -Refundable Application Processing Fee
S35.00
Reinspection fee —When extra inspection trips
are necessary due to partial inspections, wrong
address, second call on rejected or condemned
work, additional work done after inspection has
been made, or work not ready for inspection
when called, a charge of 845.00 shall be paid in
advance for each additional inspection or at the
discretion of the building official on large
projects prior to issuance of a certificate of
occupancy or completion
S50.00
Certificate of Occupancy
$50.00
Failure to Obtain an approved Final Inspection
S110.00
Work started prior to issuance of permit (ref.
building code adopted by chapter 82 of this
Code)
Double Permit Fee
Special Inspection (after-hours, weekend,
holiday, arranged two days in advance).
Minimum four-hour charge for weekends and
holidays
$50.00 per hour
Supp. No. 29
CDB:16
APPENDIX B—SCHEDULE OF FEES
Final Inspection. Fine for failure to obtain a
final approved inspection for a permit before it
expires. No further permits may be issued to
any contractor or permit applicant with an
outstanding fine or to any contractor with an
expired permit due to failure to obtain a final
inspection.
$110.00
Article V. Registration and Maintenance of Properties in Foreclosure
Registration and re -registration fee
Chapter 86. Concurrency Management System
Code
Amount Section
200.00 82-119
Code
Amount Section
(a) Concurrency evaluation review fee: 86-5
(1) Multi -family project, per building ...... 100.00
(2) Commercial project, per building 100.00
(3) Single-family home 100.00
(4) Improvements of insignificant impact (as defined by
Ordinance No. 3-90) .............. 20.00
(b) Reservation of priority of an applicant over subsequent
applications is by prepayment of concurrency review fees 86-7
Chapter 90. Floods
Article IV Storm.water Management
Code
Amount Section
(a) Permit fee:
Site development project construction cost up to and
including 8100,000.00 $1,000.00
Site development project construction cost exceeding 1% of
$100,000.00 construction
cost 90-131
(b) Inspection fee 90-195
Supp. No. 29 CDB:17
CAPE CANAVERAL CODE
Chapter 94. Signs
(a) Permit fee shall be calculated on actual contract cost
using subsection (a) of Chapter 82 of Appendix B
(b) Reinspection fee
(c) For commencing work without a permit, all fees shall be
double
(d) Temporary off -premises signs and banners and temporary
nonresidential signs greater than 12 sq. ft.
Chapter 98. Subdivisions
(a) Variance application fee
(b) Plat fee schedule. The fee schedule for review of replat/
subdivision of land shall be:
Code
Amount Section
50.00 94-35
50.00
94-81
and 94-4(7)
Code
Amount Section
250.00 98-4
98-53
(1) One, two or three lots ....... ............ 500.00
(2) Four or more lots ............. ...... 600.00
Plus S7.50 per lot, not to exceed $750.00
(c) Resubmission. Changes to approved replat/subdivision of
land shall be charged at a rate equal to 50 percent of the
original fee.
(d) Lot split 500.00 98-66
(e) Lot line adjustment 250.00 98-67
Chapter 102. Vegetation
Article IL Tree Protection
(a) Removal of tree in lieu of replacement, per inch of dbh.
Chapter 110. Zoning.
Code
Amount Section
50.00 102-41
Code
Amount Section
(a) Application for rezoning 825.00 110-92
(b) Application for proposed amendment to chapter ....... 275.00 110-92
(c) Application for a special exception or variance 825.00 110-92
(d) Application for appeal of administrative decision 275.00 110-92
Supp. No29 CDB:18
APPENDIX B-SCHEDULE OF FEES
Code
Amount Section
(e) Site plans: 110-223
(1) Fee schedule. The fee schedule for site plan review
shall be:
a. One, two and three residential units .......... 825.00
b. Four or more residential units 825.00
c. Commercial structures 825.00
d. Extension of site plan 165.00
(2) Resubmission. Changes to originally approved site
plans shall be charged at a rate equal to 50 percent
of the original fee.
(f) Zoning Compliance Letter ........ ............ 55.00
(g) Application for Development Review Committee 275.00
(h) Fence height exemption filing fee 37.50 110-470
(Res. No. 90-22, § 1, 4-18-90; Res. No. 90-35, § 1, 6-19-90; Res. No. 92-12, § 1, 3-17-92; Res. No. 92-18,
§ 1, 4-21-92; Res. No. 92-19, § 1, 4-21-92; Res. No. 92-56, § 1, 10-20-92; Res. No. 93-08, § 1, 5-4-93; Ord,
No. 31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23,
§ 1, 5-3-94; Res. No. 94-94; § 1, 7-19-94; Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95; Res.
No. 95-22, § 1, 6-29-95; Res. No. 95-23, § 1, 6-29-95; Res. No. 95-25, § 1, 7-18-95; Res. No. 96-26, § 1,
5-21-96; Res. No. 96-32, § 1, 6-18-96; Res. No. 96-62, § 1, 12-17-97; Ord. No. 97-15, § 1, 5-20-97; Ord.
No. 97-18, § 1, 6-17-97; Ord. No. 97-36, § 1, 10-7-97; Res. No. 28-98, § 1, 9-15-98; Res. No. 22-00, § 1,
7-18-00; Res. No. 2000-40, § 1, 10-3-00; Res. No. 2000-42, § 1, 10-3-00; Res. No. 2001-04, § 1, 2-6-01;
Res. No. 2002-026, § 1, 7-16-02; Ord. No. 13-2003, § 4, 5-20-03; Ord. No. 13-2004, § 3, 7-20-04; Res. No.
2007-25, § 1(Exh. A), 9-18-07; Res. No. 2009-19, § 2(Exh. A), 8-4-09; Ord. No. 05-2009, § 4, 9-15-09;
Res. No. 2009-19, § 2(Exh. A), 9-1-09; Res. No. 2010-05, § 2, 3-2-10; Res. No. 2010-22, § 2, 10-19-10;
Res. No. 2010-34, § 2, 12-21-10; Res. No. 2011-29, § 3, 11-15-11; Res. No. 2012-05, § 2, 4-17-12, eff.
10-1-12; Res. No. 2012-06, § 2, 4-7-12, eff. 10-1-12; Res. No. 2012-08, § 2, 5-15-12; Res. No. 2013-13, § 3,
8-20-13; Res. No. 2013-14, § 2, 8-20-13; Res. No. 2016-05, § 3, 4-19-16; Res. No. 2016-12, § 3, 8-16-16;
Ord. No. 02-2017, § 2, 1-17-17; Res. No. 2017-15, § 2, 8-15-17; Res. No. 2017-08, § 2, 7-18-17; Res. No.
2017-09, § 2, 7-18-17; Res. No. 2019-05, § 2(Exh. A), 5-21-19; Res. No. 2020-01, § 2, 6-16-20, eff
10-1-20)
Supp, No. 29 CDB:19
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
98-31
98-45-98-47
98-60, 98-61
98-66
Added 98-67
09-2017 7-18-17 2 Added 110-470(a)(7)
2017-08(Res.) 7-18-17 2 App. B, Ch. 78, Art.
IV
2017-09(Res.) 7-18-17 2 App. B, Ch. 78, Art,
111
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
05-2019 2-19-19 2 82-221
09-2019 5-21-19 2 110-28
2019-05(Res.) 5-21-19 2(Exh. A) App. B, Ch, 70
App. A, Ch. 82
App. A, Ch. 94
App. A, Ch. 98
App. A, Ch. 110
10-2019 6-18-19 2 2-234(b)
78-122
11-2019 6-18-19 2 2-246-2-298
3 14-53
30-35
34-43
34-95
34-182--34-184
50-4(0(4)
54-25
78-195
78-413
82-14
82-56
82-382-82-385
92-14
94-62
102-38(a)
Supp. No. 29 CCT:29
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
15-2019 11-19-19 2 Added 110-380-110-394
17-2019 11-19-19 2 Added 110-490.2
19-2019 1-21-20 2 110-221, 110-222
20-2019 1-21-20 2 110-331, 110-332
110-340, 110-341
110-352
01-2020 2-18-20 2 110-1
110-352
110-459
02-2020 4-21-20 2 26-3
2020-01(Res.) 6-16-20 2 App. B, Ch. 22
App. B, Ch. 82
Supp. No. 29 CCT:30
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
1.01
34.191
ch. 50
50.041
50.051
60.05
chs. 97-106
100.181
101.657
ch. 106
ch. 112, pt. III
112.061
112.3135
112.3143
ch. 119
119.011
119.021
119.071(3)
161.053
161.055
161.52 et seq.
161.54
161.141
161.142
161.161
161.163
ch. 162
Section
this Code
1-2
Ch. 50
82-221
2-253
82-221
2-253
82-221
2-292
2-296
2-297
Ch. 26
26-1
2-26
26-5
Char. § 7.02
Char. § 7.01
2-300
Char., § 7.03
2-67
78-98
2-116
2-116
2-63
Ch. 14, Art. III
90-77
90-55
Ch. 82, Art. IV
90-79
90-55
Ch. 14, Art. III
Ch. 14, Art. III
Ch. 14, Art. III
Ch. 2, Art. VI
2-248
2-250
2-255.2
2-256
2-257
2-258
2-260
2-263
2-282
2-296
10-92
34-42
82-400(0
F.S.
Section
ch. 162, pt. I
162.09(3)
162.21(6)
162.22
ch. 163
163.387
163.3161-163.3211
163.3161 et seq.
163.3174
163.3180(12)
163.3180(16)
163.3180(16)(b)1
163.3180(16)(e)
163.3220
ch. 166
166.021(1)
166.021(10)
166.04
166.041
166.101
166.101 et seq.
166.231
166.231(1)(b)
166.232
166.3164
167.22
ch. 170
ch. 177
177.25 et seq.
ch. 192 et seq.
193.1142
ch. 194
Section
this Code
91-7
102-37
2-255
78-60
2-287
10-92
22-50
58-56
110-37(a)
22-50
58-57
115-15
58-56
86-22
86-26
86-21
86-23
86-25
86-2
110-37
110-37(a)
App. A, Art. II
2-300
110-137
1-11
10-87
110-137(e)
Ch. 2, Art. V
Ch. 70
Ch. 70, Art. II
70-27
70-29
Ch. 70, Art. II
115-1(7)
App. A, Art. III, § 8
90-192
Ch. 98
98-1
98-31
98-41
98-58
110-423
110-222
Ch. 70
22-50
102-36
Supp. No. 29 SLT:1
CAPE CANAVERAL CODE
F.S. Section F.S. Section
Section this Code Section this Code
196.075 70-1 403.702 et seq. Ch. 62
196.075(3) 70-1 403.7046 62-4
203.012 70-26 403.801 et seq. 106-29
ch. 205 Ch. 70, Art. III 403.9337 92-14
70-83 403.9338 92-2
205.043(2), (3) 70-81 413.08 54-13
205.053 70-75 ch. 458 110-489
205.053(1) 70-74 458.3265 2-295
70-76 110-1
205.053(2) 70-75 ch. 459 110-489
205.053(3) 70-75 459.0137 2-295
206.9925 54-9 110-1
215.85 2-206 ch. 465 110-1
ch. 286 Ch. 2, Art. II, Div. ch. 468 82-32
3 82-148
286.0113(1) 2-63 ch. 470 62-1
286.0115 2-66 ch. 480 10-90
ch, 316 54-8 482.1562(9) 92-2
74-1 489.127 82-375
74-63 82-377
316.003 74-56.5 489.127(2) 82-379
316.008(1)(e) 54-8 489.127(5)(j) 82-384
316.194 74-56 489.127(5)(ra) 82-380
316,195 34-34 489.131(3)(e) 70-85
316.293 Ch. 34, Art. V 489.132(1) 82-375
316.1936 Ch. 6, Art. III, Div. 82-377
2 489.501 et seq. 30-26
316.1945 74-56 501.160 18-5
Ch. 318 74-63 ch. 509 110-1
320.01 90-77 110-486
320.823 82-88 110-490.1
320.8249 90-88 ch. 515 82-221
Ch. 337 66-1 110-582
339.155 86-29 ch. 517 10-86
366.02 90-50 ch. 553 Ch. 82
370.12 Ch. 14, Art, III 553.36(12) 110-1
373.036 90-55 553.73(5) 90-66
373.185(1)(b) 110-685 553.73(8) 82-400(e)
376.031 54-9 553.73(10)(k) 90-50
380.04 86-2 553.900 Ch. 82, Art. IX
ch. 381 10-163 556 App. A, Art. III,
110-332 § 13.5
110-341 ch. 561 6-52
110-352 6-53
110-609 10-108
381.0065 90-55 chs. 561-568 110-171(a)(2)
ch. 386, pt. I 10-62 110-172
ch. 399 82-221 ch. 561 et seq. Ch. 6
402.302 110-1 561.01 6-51
ch. 403 78-275 54-14
403.91 et seq. Ch. 106, Art. II 561.01(4)(a) 110-1
403.413 Ch. 34, Art. II ch. 562 10-108
403.415 Ch. 34, Art. V 562.14 6-26, 6-27
Supp. No. 29 SLT:2
STATE LAW REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
562.45 6-27 ch. 796 10-90
ch. 563 10-108 10-108
ch. 564 10-108 80-1
ch. 565 10-108 796.07 2-293
565.02(4) 110-171 ch. 800 10-90
565.03 110-341 10-108
570.02 92-2 80-1
581.091 110-684 800.03 10-90
585.001 54-13 806.111 10-86
604.50 90-50 ch. 810 80-1
ch. 633 Ch. 38 810.02 2-295
633.022 Ch. 38, Art. II 810.09 54-15
633.025 Ch. 38, Art. II, ch. 812 80-1
98-114(o) 812.014 2-295
633.025(1) 38-26 812.019 2-293
633.025(3) 38-28 812.131 2-295
658.98 2-206 ch. 817 80-1
ch. 705 34-180 817.563 2-293
705.101 et seq. Ch. 34, Art. VI 817.564 2-293
ch. 718 78-276 823.041 54-13
110-404 823.14 92-11
110-723 ch. 826 10-90
115-15 10-108
760.34 36-4 ch. 827 10-90
768.28 Char. Art. XXIV, 10-108
§ 11, 839.13 1-13
Char, Art. XXIV, 843.01 54-25
§ 12 ch. 847 10-90
ch. 769 10-87 10-169
775.082 2-286 847.013 10-90
Ch. 50 847.0133 10-90
50-1 847.0134 10-101
775.083 2-286 ch. 849 10-200
Ch. 50 54-14
50-1 849.231 54-14
784.011 2-295 856.015 54-14
784.021 2-295 870.01 54-25
784.03 2-295 870.03 54-25
784.045 2-295 870.041 et seq. Ch. 18
874.03 2-293
54-25
877.03 10-86
790.001 54-11
ch. 893 2-293
790.01 18-3
10-108
790.15 50-1
80-1
790.33 54-11
893.03 54-25
ch. 791 Ch. 38, Art. IV
893.13 2-295
791.01 54-11
10-86
110-1
893.138 2-292
791.01(4)(b) 38-81
2-293
110-1
2-294
110-1
ch. 895 10-108
ch. 794 10-90
ch. 943 2-284
10-108 943.25(13) 50-3
80-1
Supp. No. 29 SLT:3
CODE INDEX
Section
LAND DEVELOPMENT CODE (Cont'd.)
R-2 Medium Density Residential
District ....... ........ 110-291 et seq.
See within subheading: R-2
Medium Density Residential
District
R-3 Medium Density Residential
District 110-311 et seq.
See within subheading: R-3
Medium Density Residential
District
Residential planned unit develop-
ments
Maximum density 110-437
Reuse of area used for density calcula-
tion 110-253
Development districts
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Ind u strial and
Research and Development
District
Development plans
Residential planned unit develop-
ments.... ..... . 110-421 et seq.
See within this subheading:
Residential Planned Unit
Developments
Development schedule
Townhouses ............... . , 110-379
Development standards
Residential planned unit develop-
ments ........ • 110-444
Dimensions
C-1 Low Density Commercial District 110-336
M-1 Light Industrial and Research
and Development District 110-356
Offstreet loading 110-507
R-1 Low Density Residential District 110-276
R-2 Medium Density Residential
District 110-296
R-3 Medium Density Residential
District ...... 110-316
Townhouses 110-372
Districts
Annexations, zoning classification of 110-256
Application of district requirements 110-249
Conformity 110-250
Conservation (CON)
Accessory uses and structures 110-390
Area and dimensional standards 110-392
Intent .......... ....... 110-388
Minimum setbacks ...... 110-393
Oak Lane 110-490.2
Off-street parking and access 110-394
Principle uses and structures 110-389
Prohibited uses and structures110-391
Self-service storage facilities 110-459
Design standards .... 110-459(a)
LAND DEVELOPMENT CODE (Cont'd,)
Operational requirements
Dimension or areas reduction below
minimum
Duplicate use of setbacks, open space,
parking space
Lot and street requirements for
structures
Official zoning map
Adopted
Replacement
Public recreation (PUB/REC)
Accessory uses and structures
Area and dimensions
Intent
Minimum setbacks ........
Off-street parking and access . ,
Principal uses and structures
Prohibited uses and structures
Special exceptions permissible by
the board of adjustment
Reconsideration of district boundary
changes
Regulations for specific districts. See
within specific districts as
indexed
Reuse of area used for density calcula-
tions
Rules for interpretation of district
boundaries
Structure, height, maximum use, lot
area, setbacks
Unusual uses or uses not specifically
permitted
Donation bins prohibited
Drainage systems
Residential planned unit develop-
ments
Dune crossovers
R-3 Medium Density Residential
District
Easements
Dedicated public easements
Emergency pad-mount,ed generators
Encroachments
Setbacks
Fences, walls and hedges
Floor area
Residential planned unit develop-
ments, minimum
Frontage
Residential planned unit develop-
ments
Garage sales. ......... .....
Generators
Emergency pad -mounted generators
Height
District
Exceptions to regulations
Section
110-459(b)
110-254
110-252
110-255
110-246
110-247
110-382
110-385
110-380
110-386
110-387
110-381
110-384
110-383
110-139
110-253
110-248
110-251
110-257
110-490
110-404
110-320
110-477
110-484
110-328
110-470
110-441
110-439
110-467
110-484
110-251
110-471
Supp. No. 29
CDi:25
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
Home occupations
Local business tax receipt required
Permitted home occupations
Requirements
Hotels and motels
Certificate of occupancy . .......
Individually platted lots
Townhouses
Industrial districts
Landscaping and screening between
commercial or industrial zoning
districts and residential zoning
districts. .. • ............. 110-566
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and
Research and Development
District
Intersections
Visibility at ............ 110-469
Interpretation of provisions 110-87
Land
Continuance of nonconforming uses
of 110-194
Landscaping and vegetation
A1A Economic Opportunity Overlay
District 110-683 et seq.
See within this subheading:
Landscaping
C-1 Low Density Commercial District 110-338
C-2 Commercial/Manufacturing
District 110-347
Interior landscaping for offstreet park-
ing areas 110-567
Landscaping and screening between
commercial or industrial zoning
districts and residential zoning
districts 110-566
M-1 Light Industrial and Research
and Development District 110-358
Length of structures
Residential planned unit develop-
ments, maximum 110-440
Light industrial districts
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and
Research and Development
District
Liquefied petroleum gas 110-485
Loading
M-1 Light Industrial and Research
and Development District 110-360
Local business tax receipt required110-523
Location
Offstreet loading 110-507
110-523
110-521
110-522
110-122
110-377
Supp. No. 29 CDi:26
Section
LAND DEVELOPMENT CODE (Cont'd.)
Recreational vehicles, camping equip-
ment, boats and boat trailers110-551
Spaces
Offstreet parking 110-492
Swimming pools .... — . 110-581
Lots
Area
District... .. — ............ • • • •
Residential planned unit develop-
ments 110-439
Erection of more than one principal
structure on 110-537
Requirements for structures110-255
Low density commercial district
C-1 Low Density Commercial District 110-331 et seq.
See within subheading: C-1 Low
Density Commercial District
Low density residential district
R-1 Low Residential District 110-271 et seq.
See within subheading: R-1 Low
Density Residential District
M-1 Light Industrial and Research and
Development District
Accessory uses and structures . 110-353
Area and dimensions 110-356
Intent; applicability 110-351
Landscaping, screening and parking 110-358
Minimum setbacks 110-357
Parking and loading 110-360
Performance standards ....... 110-359
Principal uses and structures 110-352
Prohibited uses and structures 110-355
Special exceptions permissible by
board of adjustment 110-354
Maximum use
District 110-251
Medium density residential district
R-2 Medium Density Residential
District ..... . 110-291 et seq.
See within subheading; R-2
Medium Density Residential
District
R-3 Medium Density Residential
District 110-311 et seq.
See within subheading: R-3
Medium Density Residential
District
Mobile home parks
Nonconforming uses 110-192
Nonconformities
Abandonment 110-197
Continuance of nonconforming
structures 110-193
Continuance of nonconforming uses
of land ............. 110-194
Intent; rules of interpretation; build-
ing and fire codes; definitions . 110-191
Mobile home parks and single-family
mobile home districts ...... 110-192
110-251
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Nonconforming lots of record 110-196
Nonconforming uses of structures or
of structures and premises in
combination; change of use110-195
Repairs and maintenance ...... 110-198
Special permit ...... ....... 110-200
Temporary uses 110-199
Number of spaces
Offstreet parking 110-491
Oak Lane 110-490.2
Official zoning map
Adopted... ..... . ........... 110-246
Replacement 110-247
Offstreet loading
Location and dimensions of space110-507
Requirements spaces 110-506
Offstreet parking
Access 110-493
C-1 Low Density Commercial District 110-339
Dimensions ...... ......... 110-494
Interior landscaping for offstreet park-
ing areas 110-567
Location spaces 110-492
Number of spaces required 110-491
R-1 Low Density Residential District 110-278
R-2 Medium Density Residential
District ....... ........ 110-298
R-3 Medium Density Residential
District 110-318
Residential planned unit develop-
ments.. ...... ........ ....... . 110-442
Townhouses 110-374
Open space
Duplicate use of 110-252
Outside storage ..... .......... 110-457
Pain management clinic regulations110-489
Parking
A1A Economic Opportunity Overlay
District ....... 110-668 et seq.
See within this subheading: Park-
ing
C-1 Low Density Commercial District 110-338
C-2 Commercial/Manufacturing
District ........ ............
Certain vehicles ...... . .....
M-1 Light Industrial and Research
and Development District
R-3 Medium Density Residential
District
Protection of public beach -end
parking... .... ...... .......
Parking space
Duplicate use of
Paving of vehicular use area
Penalties for violations
Performance standards
Application of
110-347, 110-
349
110-554
110-358, 110-
360
110-321
110-252
110-555
110-89
110-456
LAND DEVELOPMENT CODE (Cont'd.)
M-1 Light Industrial and Research
and Development District 110-359
Permissible uses and structures
R-1 Low Density Residential District 110-272
R-3 Medium Density Residential
District ..... ........ 110-312
Permits
Application 110-107
Expiration 110-108
Required 110-106
Temporary alcoholic beverage permits 110-172
Permitted home occupation 110-521
Permitted uses
Residential planned unit develop-
ments 110-403
Townhouses .............. 110-371
Physical review
Residential planned unit develop-
ments........ ......... 110-405
Planned developments
Building permit ........ 110-725
Common open, space, drainage
systems, and other related
common facilities 110-723
Definitions 110-720
Enforcement 110-727
Permitted uses 110-722
Physical review 110-724
Planned development plans
Application procedures 110-740
Concept plan ..... ...... 110-741
Land use plan 110-742
Site/construction plan 110-743
Purpose and intent ..... 110-721
Revocation ... ........ , ...... 110-726
Planning and zoning board 110-3
Preservation
Residential planned unit develop-
ments 110-445
Principal uses and structures
C-1 Low Density Commercial District 110-332
C-2 Commercial/Manufacturing
District 110-341
M-1 Light Industrial and Research
and Development District 110-352
R-2 Medium Density Residential
District 110-292
Private roads and other related common
facilities
Residential planned unit develop-
ments 110-404
Prohibited uses and structures
C-2 Commercial/Manufacturing
District 110-344
M-1 Light Industrial and Research
and Development District 110-355
R-1 Low Density Residential District 110-275
R-2 Medium Density Residential
District .... • 110-295
Supp. No. 29 CDi:27
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
R-3 Medium Density Residential
District 110-315
Public land
Dedicated 110-476
R-1 Low Density Residential District
Accessory uses and structures 110-273
Area and dimensions ...... 110-276
Intent......... ........ 110-271
Minimum setbacks 110-277
Offstreet parking and access 110-278
Principal uses and structures 110-272
Prohibited uses and structures 110-275
Special exceptions permissible by
board of adjustment 110-274
R-2 Medium Density Residential District 110-296
Accessory uses and structures 110-293
Area and dimension 110-296
Intents............ ........ 110-291
Minimum setbacks 110-297
Offstreet parking and access 110-298
Principal uses and structures 110-292
Prohibited uses and structures 110-295
Special exceptions permissible by
board of adjustment 110-294
R-3 Medium Density Residential District
Accessory uses and structures 110-313
Areas and dimensions ...... 110-316
Assisted living facilities 110-488
Dune crossovers required .... 110-320
Intent...... ................... 110-311
Minimum breeze requirement .. , 110-319
Minimum setbacks 110-317
Offstreet parking and access ..... 110-318
Principal uses and structures 110-312
Prohibited uses and structures 110-315
Protection of public beach -end park-
ing 110-321
Special exception permissible by board
of adjustment 110-314
Recreational vehicles
Location of 110-551
Regulations pertaining to specific
districts. See within specific
districts as indexed
Rental restrictions on dwelling units 110-487
Repairs and maintenance
Nonconformities 110-198
Research and development districts
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and
Research and Development
District
Residential districts
R-1 Low Density Residential District 110-271 et seq.
See within subheading: R-1 Low
Density Residential District
Supp, No. 29 CDi:28
Section
LAND DEVELOPMENT CODE (Cont'd.)
R-2 Medium Density Residential
District 110-291 et seq.
See within subheading: R-2
Medium Density Residential
District
R-3 Medium Density Residential
District ............ 110-311 et seq.
See within subheading: R-3
Medium Density Residential
District
Residential planned unit developments
Bonding 110-407
Building permit 110-406
Common open space, drainage
systems, private roads and other
related common facilities110-404
Development plans
Application 110-421
Procedure for approval of final
development plan 110-423
Procedure for receiving approval
of preliminary development
plan and tentative zoning 110-422
Enforcement ....... ..... 110-409
Land use regulations
Development standards ...... 110-444
Maximum density.... ....... 110-437
Maximum length of structures 110-440
Minimum common recreation and
open space........ 110-438
Minimum floor area. ..... 110-441
Minimum lot area; frontage;
setbacks; accessory uses 110-439
Minimum size 110-436
Offstreet parking 110-442
Preservation of trees 110-445
Underground utilities 110-443
Permitted uses .......... 110-403
Physical review 110-405
Purpose and intent 110-402
Termination zone 110-408
Residential use antennas 110-478
Rezoning. See herein: Variances, Special
Exceptions, Rezonings, Administra-
tive Appeals
Satellite dishes 110-478
Schedule of fees, charges and expenses 110-92
Screening
C-1 Low Density Commercial District 110-338
C-2 Commercial/Manufacturing
District 110-347
Commercial or industrial districts 110-566
M-1 Light Industrial and Research
and Development District 110-358
Self-service storage facilities ..... 110-459
Setbacks
Building setback lines 110-536
C-1 Low Density Commercial District,
minimum setbacks..... ...... 110-337
LAND DEVELOPMENT CODE (Coned.)
C-2 Commercial/Manufacturing
District ......... _ .......
District
Duplicate use of
Encroachments
Erection of more than one principal
structure on lot..........
M-1 Light Industrial and Research
and Development District
R-1 Low Density Residential District,
minimum setbacks ..... „
R-2 Medium Density Residential
District
R-3 Medium Density Residential
District, minimum setbacks
Residential planned unit develop-
ments_ , ...........
Swimming pools, minimum
Townhouses, minimum setbacks..,
Sewage disposal
Shopping centers and retail stores using
outside display
Sidewalks
Required ..... .........
SSii- gnnglefa. ...... . o .. . home districts
Nonconformities ........ ..........
Single-family residential second kitchen
facility . ........ ...... •
Site plans
Expiration
Requirements and review criteria
Review procedures
Submittal and review required
Special exceptions
Alcoholic beverages
Establishment serving alcoholic
beverages
Temporary alcoholic beverage
permits
Structures and uses approved by
special exception ......
Variances, special exceptions, rezon-
ings, administrative appeals.
See herein that subject
Special exceptions permissible by board
of adjustment
C-1 Low Density Commercial District
M-1 Light Industrial and Research
and Development District
R-1 Low Density Residential District
R-2 Medium Density Residential
District
R-3 Medium Density Residential
District
Storing
Certain vehicles
Streets
Requirements for structures
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Coned.)
Structures. See within subheading:
110-346 Buildings
110-251 Swimming pools
110-252 Accessories
110-538 Barriers
Construction and location
110-537 Minimum setbacks .......
Temporary uses
110-357 Nonconformities ............
Termination zone
110-277 Residential planned unit develop-
ments
110-297 Towers
Wireless communications
110-317 Townhouses
Area and dimensions .....
110-439 Building permit .......... •
110-584 Development schedule
110-373 Individually platted lots
110-479 Minimum setbacks
Offstreet parking
110-458 Permitted use
Utilities....... ......... . .....
110-475 Underground utilities
94-64(a) Residential planned unit develop-
ments
110-192 Required .... ...........
Unusual uses or uses not specifically
110-462 permitted
Uses
110-224 Approved by special exceptions
110-222 Utilities
110-223 Townhouses ....... ..........
110-221 Underground, required ......
Vacation rentals
Vacation resort campus
Variances, special exceptions, rezon-
110-171 ings, administrative appeals;
procedures
110-172 Abandonment
Administrative appeals
110-161 Appellate review
Applications..... ..... „ ......... .
Attendance required at public hear-
ings; postponement of hearings
Authority
Due process . ...........
110-334 Expiration of variance or special
exception; abandonment
110-354 Intent and purpose
110-274 Reconsideration
Rezonings
110-294 Procedure
Rezoning applicant obligations
110-314 Special exception
Applicant obligations
110-554 Procedure
Special notice requirements ....
110-255 Staff review; application deficiencies
110-583
110-582
110-581
110-584
110-199
110-408
110-483
110-372
110-378
110-379
110-377
110-373
110-374
110-371
110-375
110-443
110-482
110-257
110-161
110-375
110-482
110-486
110-490.1
110-32
110-40
110-33
110-29
110-30.1
110-27
110-28
110-32
110-26
110-31
110-35
110-34
110-38
110-39
110-28
110-30
Supp. No. 29 CDi:29
LAND DEVELOPMENT CODE (Cont'd.)
Variances
Applicant obligations
Procedure
Vegetation. See within this subhead-
ing: Landscaping or Vegetation
Vehicles and vessels
Living aboard boats
Living or residing in boats, utility
trailers, recreational vehicles
and special purpose vehicles
Location of recreational vehicles,
camping equipment, boats and
boat trailers
Parking and storage of certain
vehicles ..............
Paving of vehicular use areas
Vehicle rental facility ....... ,
Vehicular use areas, paving of
Vessels. See within this subheading:
Vehicles and Vessels
Veterinary hospital
Visibility at intersections
Water areas ...... ...........
Width
Courts, minimum width of
Wireless communications towers and
antennas
Zoning districts. See herein: Zoning
CAPE CANAVERAL CODE
Section
LEASES (Cont'd.)
City attorney
110-36 Duties
110-37
110-552
110-553
110-551
110-554
110-555
110-556
110-555
110-460
110-469
110-474
110-473
110-483
LANDSCAPING
Appearance and maintenance ....... 34-99
Land development code regulations re
zoning ........ ......... 110-26 et seq.
See: LAND DEVELOPMENT CODE
Landscape irrigation
Applicability; purpose and intent 91-2
Definitions 91-1
Enforcement and penalties 91-7
Exceptions to landscape irrigation
schedules .............. 91-4
Landscape irrigation schedules 91-3
Required irrigation system technology91-5
Variance from specific day of the week
limitations ...... 91-6
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
LAW ENFORCEMENT
Alarm systems generally
See: ALARM SYSTEMS
Impact fees generally .... ..........
See: IMPACT FEES
Police depai talent
LEASES
Certain ordinances not affected by Code .
Supp. No. 29
30-26 et seq.
2-231 et seq.
42-26
1-10(a)(2)
CDi:30
LIBRARY
Established
Fees schedule in general. See: FEES
(Appendix B)
Impact fees generally ............
See: IMPACT FEES
Library board
Created
Expenditures
Indebtedness
Liability of city limited
Meetings ...... ............
Reports to council
Section
2-126(6)
46-1
2-231 et seq.
46-26
46-27
46-33
46-31
46-30
46-32
LICENSES AND PERMITS
Adult entertainment establishment license 10-93 et seq.
Alarm systems 30-27 et seq.
See: ALARM SYSTEMS
Building sewers
Permit for connections.. ...... — . 78-77
Buildings and building regulations 82-1 et seq.
See: LAND DEVELOPMENT CODE
Community appearance review board
Permits
Appeals and review 22-46
Application criteria 22-44
Approval prerequisite for permits22-40
Building permits; enforcement 22-47
Notice of approval or denial 22-43
Concurrency management system 86-1 et seq.
See: LAND DEVELOPMENT CODE
Construction site stormwater runoff control
Permits..., ......... ....... 90-201
Excavations
Street excavation permit requirements 66-81 et seq.
Fees schedule in general. See: FEES
(Appendix B)
Fireworks permit (public display). 38-82 et seq.
Floodplain management ........ 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code; zoning
Nonconformities
Special permit 110-200
Motion and still photography production
permits .... ........... . ...... 16-60 et seq.
See: PHOTOGRAPHY
Outdoor entertainment events 10-61 et seq.
See: OUTDOOR ENTERTAINMENT
EVENTS
Sewer impact fee requirements 78-125
Sexually oriented business license 10-93 et seq.
Sig-ns
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
CODE INDEX
Section Section
LICENSES AND PERMITS (Cont'd.)
Solicitors, peddlers and itinerant merchants
permit requirement.... ....... 16-51 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Street excavation permit requirements66-81 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Temporary storage units fpermi082-400
Tree protection, land clearing ..... 102-39, 102-40
Vehicles for hire
Certificate of public convenience and
necessity license 80-26 et seq.
Driver's permit ...... 80-51 et seq.
Licenses and fees to be in addition to
other taxes and charges 80-3
Vested rights 115-3 et seq.
See: VESTED RIGHTS
Wastewater discharge permits 78-98
Supp. No. 29 CDi:30.1