HomeMy WebLinkAboutSupplement 30•
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SUPPLEMENT NO. 30
September 2021
CODE OF ORDINANCES
City of
CAPE CANAVERAL, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this time
through:
Ordinance No. 32-2021, adopted August 17, 2021.
See the Code Comparative Table for further information.
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Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316
info@municode.com 800.262.2633 www.municode.com
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CURRENT OFFICIALS
of the
CITY OF CAPE CANAVERAL, FLORIDA
(2021)
Bob Hoog
Mayor
Mike Brown
Mickie Kellum
Wes Morrison
Angela Raymond
City Council
Todd R. Morley
City Manager
Anthony A. Garganese
City Attorney
Mia Goforth
City Clerk
Daniel LeFever
Deputy City Clerk
Supp. No. 30 iii
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TABLE OF CONTENTS
Page
Current Officials (2021)
Officials of the City at the Time of this Codification iv.i
Preface v
Adopting Ordinance ix
Checklist of Up -to -Date Pages [1]
Supplement History Table SH:1
PART I
CHARTER
Charter CHT:1
Art. I. Powers of the City CHT:3
Art. II. City Council CHT:4
Art. III. City Manager CHT:8
Art. IV. Departments, Offices and Agencies CHT:8
Art. V. Financial Management CHT:9
Art. VI. Elections CHT:11
Art. VII. General Provisions CHT:14
Art. VIII. Charter Amendment CHT:14
Art. IX. Transition and Severability CHT:15
Charter Comparative Table —Laws of Florida CHTCT:1
Charter Comparative Table —Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
Subpart A. General Ordinances CD1:1
1. General Provisions CD1:1
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:7
Div. 3. Meetings CD2:7
Art. III. Officers and Employees CD2:12
Div. 1. Generally CD2:12
Div. 2. City Manager CD2:12
Div. 3. City Clerk CD2:13
Div. 4. City Attorney CD2:13
Div. 5. Reserved CD2:14
Supp. No. 30 Xi
CAPE CANAVERAL CODE
Chapter Page
Div. 6. Reserved CD2:14
Art. IV. Boards, Committees, Commissions CD2:14
Div. 1. Generally CD2:14
Div. 2. Reserved CD2:14.4
Art. V. Finance CD2:14.4
Div. 1. Generally CD2:14.4
Div. 2. Purchasing CD2:14.9
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:19
Div. 1. Generally CD2:19
Div. 2. Code Enforcement Board CD2:25
Div. 3. Code Lien Satisfactions CD2:25
Div. 4. Special Magistrate CD2:28
Div. 5. Code Enforcement Citations CD2:29
Div. 6. Criminal Nuisance Abatement Board CD2:34
Art. VII. Travel Reimbursement Policies and
Procedures CD2:39
3-5. Reserved CD3:1
6. Alcoholic Beverages CD6:1
Art. I. In General CD6:3
Art. II. Operation of Establishments CD6:3
Art. III. Possession and Consumption CD6:4
Div. 1. Generally CD6:4
Div. 2. Motor Vehicles CD6:5
7-9. Reserved CD7:1
10. Amusements and Entertainments CD10:1
Art. I. In General CD10:2.1
Art. II. Amusement Device Code CD10:2.1
Art. III. Outdoor Entertainment Events CD10:2.1
Div. 1. Generally CD10:2.1
Div. 2. Permit CD10:4
Art. IV. Sexually Oriented Business and Adult
Entertainment Establishments CD10:6
Art. V. Slot Machines or Devices CD10:45
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General CD14:3
Art. II. County Animal Control Ordinance CD14:3
Art. III. Sea Turtles CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Supp. No. 30 xii
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TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. III. Motion and Still Photography Production
Permits CD16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Business and Economic Development Board CD22:3
Art. III. Community Appearance Review CD22:4
Art. IV. Community Redevelopment CD22:9
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:6
Div. 3. Reserved CD34:6
Art. III. Property Maintenance Standards CD34:7
Art. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35. Reserved CD35:1
36. Fair Housing CD36:1
Art. I. In General CD36:3
Art. II. Discriminatory Practices CD36:6
37. Reserved CD37:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:7
Art. IV. Fireworks CD38:8
Art. V. Hazardous Materials and Substances CD38:9
39. Reserved CD39:1
Supp. No. 30 xiii
CAPE CANAVERAL CODE
Chapter Page
40. Human Relations CD40:1
Art. I. In General CD40:3
Art. II. Reserved CD40:3
41. Reserved CD41:1
42. Law Enforcement CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
43-45. Reserved CD43:1
46. Library CD46:1
Art. I. In General CD46:3
Art. II. Library Board CD46:3
47-49. Reserved CD47:1
50. Offenses and Miscellaneous Provisions CD50:1
51-53. Reserved CD51:1
54. Parks and Recreation CD54:1
Art. I. In General CD54:3
Art. II. Culture and Leisure Services Board CD54:13
Art. III. Vessel Control and Water Safety CD54:13
55-57. Reserved CD55:1
58. Planning CD58:1
Art. I. In General CD58:3
Art. II. Planning and Zoning Board CD58:3
Art. III. Local Planning Agency CD58:4
59-61. Reserved CD59:1
62. Solid Waste CD62:1
63-65. Reserved CD63:1
66. Streets, Sidewalks and Other Public Places CD66:1
Art. I. In General CD66:3
Art. II. Streets CD66:5
Div. 1. Generally CD66:5
Div. 2. Abandonment CD66:5
Art. III. Excavations CD66:6
Div. 1. Generally CD66:6
Div. 2. Permit CD66:7
67-69. Reserved CD67:1
70. Taxation CD70:1
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Art. III. Local Business Tax CD70:6
71-73. Reserved CD71:1
Supp. No. 30 xiv
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TABLE OF CONTENTS—Cont'd.
Chapter Page
74. Traffic and Vehicles CD74:1
Art. I. In General CD74:3
Art. II. Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75:1
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and ConnectionsCD78:12
Subdiv. III. Discharges CD78:13
Subdiv. IV. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates, Deposits and Billing Procedures CD78:23
Art. IV. Reclaimed Water CD78:24
Div. 1. Generally CD78:24
Div. 2. Installation and Inspection of the Reclaimed
Water System CD78:26
Art. V. Stormwater Management CD78:28
Div. 1. Generally CD78:28
Div. 2. Fees and Taxes CD78:31
Div. 3. Administration CD78:35
Div. 4. Illicit Discharge and Connection CD78:35
79. Reserved CD79:1
80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Neces-
sity, License CD8O:4
Art. III. Driver's Permit CD80:5
Art. IV Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. General Administrative CD82:3
Art. II. Building Code CD82:7
Art. III. Unsafe Building Abatement Code CD82:8
Art. IV. Coastal Construction Code CD82:9
Art. V. Registration and Maintenance of Properties in
Foreclosure CD82:9
Art. VI. Local Amendments to Florida Building Code,
Building CD82:13
Art. VII. Reserved CD82:15
Art. VIII. Reserved CD82:15
Supp. No. 30 xV
CAPE CANAVERAL CODE
Chapter Page
Art. IX. International Property Maintenance Code CD82:15
Art. X. Reserved CD82:19
Arts. XI—XIII. Reserved CD82:19
Art. XIV. Numbering of Buildings and Property CD82:19
Art. XV. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit CD82:20
Art. XVI. Temporary Storage Units CD82:23
83-85. Reserved CD83:1
86. Concurrency Management System CD86:1
Art. I. In General CD86:3
Art. II. Transportation Facility Proportionate Fair -
Share Mitigation Program CD86:11
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:5
Art. II. Floodplain Management CD90:5
Div. 1. Administration CD90:5
Part A. General CD90:5
Part B. Applicability CD90:6
Part C. Duties and Powers of the Floodplain
Administrator CD90:7
Part D. Permits CD90:9
Part E. Site Plans and Construction Docu-
ments CD90:11
Part F. Inspections CD90:13
Part G. Variances and Appeals CD90:14
Part H. Violations CD90:16
Div. 2. Definitions CD90:16
Div. 3. Flood Resistant Development CD90:20
Part A. Buildings and Structures CD90:20
Part B. Subdivisions CD90:21
Part C. Site Improvements, Utilities and
Limitations CD90:21
Part D. Manufactured Homes CD90:22
Part E. Recreational Vehicles and Park Trail-
ers CD90:23
Part F. Tanks CD90:24
Part G. Other Development CD90:24
Art. III. Reserved CD90:26
Art. IV. Stormwater Management CD90:27
Div. 1. Generally CD90:27
Div. 2. Permit CD90:29
Div. 3. Performance Standards CD90:32
Div. 4. Design Standards CD90:33
Div. 5. Maintenance CD90:36
Art. V. Construction Site Stormwater Runoff Control CD90:37
91. Landscape Irrigation CD91:1
Supp. No. 30 xvi
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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 CD94:23
95-97. Reserved CD95:1
98. Subdivisions CD98:1
Art. I. In General CD98:5
Art. II. Plats and Lot Splits CD98:10
Div. 1. Generally CD98:10
Div. 2. Preapplication CD98:10
Div. 3. Preliminary Plat CD98:11
Div. 4. Final Plat CD98:14
Div. 5. Lot Splits CD98:16
Div. 6. Lot Line Adjustments CD98:18
Art. III. Construction CD98:20
Div. 1. Generally CD98:20
Div. 2. Permit CD98:20
Div. 3. Inspections; Certificate of Completion CD98:21
Art. IV. Improvements CD98:22
Div. 1. Generally CD98:22
Div. 2. Design Standards CD98:26
99-101. Reserved CD99:1
102. Vegetation CD102:1
Art. I. In General CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
App. A. Tree Protection Area Signage CD102:21
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:11
Art. II. Procedure; Land Use Decisions CD110:19
Div. 1. Generally CD110:19
Div. 2. Rezonings CD110:22.1
Supp. No. 30 xvii
Chapter
CAPE CANAVERAL CODE
Page
Div. 3. Variances CD110:23
Div. 4. Special Exceptions CD110:24
Div. 5. Administrative Appeals CD110:25
Art. III. Administration and Enforcement CD110:26
Div. 1. Generally CD110:26
Div. 2. Permits CD110:27
Div. 3. Certificate of Occupancy CD110:28
Div. 4. Reserved CD110:29
Art. IV. Special Exceptions CD110:29
Div. 1. Generally CD110:29
Div. 2. Alcoholic Beverages CD110:29
Art. V. Nonconformities CD110:31
Art. VI. Site Plans CD110:37
Art. VII. Districts CD110:40.2
Div. 1. Generally CD110:40.2
Div. 2. R-1 Low Density Residential District CD110:42
Div. 3. R-2 Medium Density Residential District CD110:44
Div. 4. R-3 Medium Density Residential District CD110:46
Div. 5. C-1 Low Density Commercial District CD110:46.3
Div. 6. C-2 Commercial/Manufacturing District CD110:46.6
Div. 7. M-1 Light Industrial and Research and
Development District CD110:46.10
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 CD110:74.7
Div. 4. Home Occupations CD110:74.8
Div. 5. Setbacks CD110:74.9
Div. 6. Vehicles and Vessels CD110:75
Div. 7. Landscaping and Vegetation CD110:79
Div. 8. Swimming Pools CD110:80
Div. 9. Mobile Food Dispensing Vehicles and Other
Mobile Vendors CD110:81
Art. X. A1A Economic Opportunity Overlay DistrictCD110:82.4
Div. 1. Generally CD110:82.4
Div. 2. Administration CD110:87
Div. 3. Site Planning CD110:90
Div. 4. Architectural Guidelines CD110:94
Div. 5. Parking CD110:100
Div. 6. Landscaping CD110:101
Div. 7. Signage CD110:102.2
Art. XI. Planned Developments CD110:102.5
Div. 1. Generally CD110:102.5
Supp. No. 30 xviii
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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. 30 xix
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Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and supplementation many
pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to determine
whether the Code volume properly reflects the latest printing of each page.
In the first column all page numbers are listed in sequence. The second column reflects
the latest printing of the pages as they should appear in an up-to-date volume. The letters
"OC" indicate the pages have not been reprinted in the Supplement Service and appear as
published for the original Code. When a page has been reprinted or printed in the
Supplement Service, this column reflects the identification number or Supplement Number
printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in compiling
an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp. No. Page No. Supp. No.
Title Page 25 CHTCT:1 OC
iii 30 CHTCT:3 21
iv.i 22 CD1:1 OC
v, vi OC CD 1:3, CD 1:4 OC
vii OC CD 1:5, CD 1:6 12
ix, x 1 CD1:7 12
xi, xii 30 CD2:1, CD2:2 30
xiii, xiv 30 CD2:3, CD2:4 28
xv, xvi 30 CD2:5, CD2:6 24
xvii, xviii 30 CD2:7, CD2:8 30
xix 30 CD2:8.1, CD2:8.2 30
SH:1, SH:2 24 CD2:9, CD2:10 27
SH:3, SH:4 30 CD2:11, CD2:12 27
CHT:1, CHT:2 20 CD2:13, CD2:14 27
CHT:3, CHT:4 20 CD2:14.1, CD2:14.2 27
CHT:5, CHT:6 21 CD2:14.2.1 27
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Supp. No. 30
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SUPPLEMENT HISTORY TABLE
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
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
upp. 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
S,
p. No. 2
16-2017
1-16-18
Include
27
01-2018
2-20-18
Include
27
02-2018
4-17-18
Include
27
03-2018
5-15-18
Include
27
04-2018
6-19-18
Include
27
07-2018
9-18-18
Include
27
.............. .
uppa
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. 30
SH:3
CAPE CANAVERAL CODE
Date
Adopte
02-2020
4-21-20
Include
29
2020-01(Res.)
6-16-20
Include
29
S pp. No. '3
03-2020
10-20-20
Include
30
05-2020
11-17-20
Include
30
06-2020
12-15-20
Include
30
08-2020
12-15-20
Include
30
09-2021
2-16-21
Include
30
10-2021
3-16-21
Include
30
12-2021
4-20-21
Include
30
2021-06(Res.)
6-15-21
Omit
30
2021-09(Res.)
7-20-21
Include
30
29-2021
8-17-21
Include
30
30-2021
6-15-21
Include
30
31-2021
6-15-21
Include
30
32-2021
8-17-21
Include
30
Supp. No. 30 SH:4
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Chapter 2
ADMINISTRATION*
Article I. In General
Secs. 2-1-2-25. Reserved.
Article H. City Council
Division 1. Generally
Sec. 2-26. Elections.
Sec. 2-27. Uncontested elections.
Sec. 2-28. Code of conduct.
Secs. 2-29-2-40. Reserved.
Division 2. Compensation
Sec. 2-41. Established for councilmembers other than mayor.
Sec. 2-42. Established for mayor.
Secs. 2-43-2-55. Reserved.
Division 3. Meetings
Sec. 2-56. Regular meetings.
Sec. 2-57. Special and emergency meetings.
Sec. 2-58. Workshop meetings.
Sec. 2-59. Preparation of ordinances and resolutions prior to meeting.
Sec. 2-60. Preparation and notice of agenda.
Sec. 2-61. Parliamentary procedure.
Sec. 2-62. Presiding officer.
Sec. 2-63. Sergeant at arms.
Sec. 2-64. Call to order; quorum; roll call.
Sec. 2-65. Minutes.
Sec. 2-66. Consideration of matters before council.
Sec. 2-67. Adoption of motion.
Sec. 2-68. General discussion.
Sec. 2-69. Adjournment.
Sec. 2-70. Eminent domain powers.
Secs. 2-71-2-90. Reserved.
Article III. Officers and Employees
Division 1. Generally
Secs. 2-91-2-100. Reserved.
Division 2. City Manager
Sec. 2-101. Powers and duties.
Sec. 2-102. Deputy city manager.
Secs. 2-103-2-115. Reserved.
*Cross reference -Administration and enforcement of the zoning regulations, § 110-86 et seq.
Supp. No. 30 CD2:1
CAPE CANAVERAL CODE
Division 3. City Clerk
Sec. 2-116. Duties.
Secs. 2-117-2-125. Reserved.
Division 4. City Attorney
Sec. 2-126. Duties.
Sec. 2-127. Attendance at council meetings.
Secs. 2-128-2-140. Reserved.
Division 5. Reserved
Secs. 2-141-2-150. Reserved.
Division 6. Reserved.
Secs. 2-151-2-170. Reserved.
Article W. Boards, Committees, Commissions
Division 1. Generally
Sec. 2-171. Uniform procedures and requirements.
Sec. 2-172. Code of conduct.
Secs. 2-173-2-180. Reserved.
Division 2. Reserved
Secs. 2-181-2-205. Reserved.
Article V. Finance
Division 1. Generally
Sec. 2-206. Quarterly report of income and expenditures.
Sec. 2-207. Personal property control.
Sec. 2-208. Creation of fund balance/retained earnings reserves.
Sec. 2-209. Reclassification of city reserves.
Sec. 2-210. Fund balance policy.
Sec. 2-211. Spending order of fund balances.
Sec. 2-212. Annual review and determination of fund balance policy.
Secs. 2-213-2-215. Reserved.
Division 2. Purchasing
Sec. 2-216. Definitions.
Sec. 2-217. Purpose.
Sec. 2-218. Procedure.
Sec. 2-219. Open market purchase procedures.
Sec. 2-220. Sole source.
Sec. 2-221. Emergency purchase.
Sec. 2-222. Cooperative purchasing.
Sec. 2-223. Prohibition against subdivision.
Sec. 2-224. Blanket purchase orders.
Sec. 2-225. Availability of funds.
Sec. 2-226. Prohibition of interest.
Secs. 2-227-2-230. Reserved.
Supp. No. 30 CD2:2
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ADMINISTRATION § 2-56
quest by the city council or city manager,
I will return to the city any privileged or
confidential documents or materials
provided to me by the city while serving
on the city council.
(1) I will abide by all laws of the state
applicable to my conduct as a councilmem-
ber, including, but not limited to, the
Government in the Sunshine Law, the
Florida Code of Ethics for Public Officers,
and city rules of procedure and codes of
conduct.
(m) I will promote constructive relations in a
positive climate with all city employees,
city attorney, and city contractors and
consultants consistent with my role as a
councilmember, as a means to enhance
the productivity and morale of the city. I
will support the city manager's decision
to employ the most qualified persons for
staff positions. I will recognize the bona
fide achievements of the city manager,
staff, city attorney, city contractors and
consultants, business partners, and other
sharing in, and striving to achieve, the
city's mission.
(n) I will enhance my knowledge and ability
to contribute value to the city as a coun-
cilmember by keeping abreast of issues
and trends that could affect the city
through reading, continuing education
and training. I will study policies and
issues affecting the city, and will attend
training programs if required by the city.
My continuing goal will be to improve my
performance as a councilmember.
(o) I will value and assist my fellow coun-
cilmembers by exchanging ideas, concerns,
and knowledge through lawful means of
communication. I will help build positive
community support for the city's mission
and the policies established by the city
council.
(p) I will support and advocate for my beliefs,
but will remain open to understanding
the views of others. I recognize that I
share in the responsibility for all city
decisions and will accept the will of duly
authorized decisions of the city council
and city electorate.
(q) I understand that my first priority as a
councilmember will always be to look out
for the best interests of the citizens of the
city and the public health, safety and
welfare. I will seek to provide appropri-
ate leadership that nurtures and
motivates city citizens to be stakeholders
in the affairs and achievements of the
city.
(r) I will be accountable to the city council
for violations of this code of conduct.
(Ord. No. 09-2011, § 2, 10-18-11)
Secs. 2-29-2-40. Reserved.
DIVISION 2. COMPENSATION*
Sec. 2-41. Established for councilmembers
other than mayor.
The compensation for the members of the city
council other than the mayor shall be $2,400.00
per year.
(Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94)
Sec. 2-42. Established for mayor.
The compensation for the mayor shall be
$3,200.00 per year.
(Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94)
Secs. 2-43-2-55. Reserved.
DIVISION 3. MEETINGSt
Sec. 2-56. Regular meetings.
The city council shall hold regular meetings
on the third Tuesday of each month at 6:00 p.m.
The city council may, on an as -needed basis,
begin its regular meetings prior to 6:00 p.m.
When the day fixed for any regular meeting falls
*Charter reference —Compensation, § 2.04.
tCharter reference —Meetings and other procedures,
§ 2.11.
State law reference —Public meetings, F.S. ch. 286.
Supp. No. 30 CD2:7
§ 2-56
CAPE CANAVERAL CODE
upon a day designated by law as a legal national
holiday, such meeting will not be held. Regular
meetings may be otherwise postponed, canceled
or rescheduled by consensus of the city council.
All regular meetings shall be held in the place as
designated by a majority of the council in open
session.
(Code 1981, § 271.02; Ord. No. 24-93, § 1(271.02),
8-17-93; Ord. No. 10-2009, § 2, 9-15-09; Ord. No.
01-2011, § 2, 4-19-11; Ord. No. 10-2012, § 2,
7-17-12)
Sec. 2-57. Special and emergency meet-
ings.
(a) A special meeting of the city council may
be initiated by any of the following means:
(1) Council decision at meeting. The city
council can initiate or approve a request
for a special meeting by an affirmative
vote of a majority or unanimous consensus
of the city council at a council meeting
pursuant to the Charter, article II, sec-
tion 2.11.
(2) Initiated by councilmember. A coun-
cilmember may request a special meet-
ing by filing a written notice (including
by email) with the city clerk. The written
notice shall specify the purpose and reason
for requesting the meeting, the action
item(s) requested to be considered by
council, and a proposed date(s) and time(s)
for the meeting. Upon receipt of the
notice, the clerk shall immediately provide
a copy of the notice by email or hand
delivery to each member of the council
and determine whether at least a major-
ity of the council agrees in writing to
schedule a special meeting to consider
the action item(s). However, a meeting
will not be scheduled by the clerk's office
unless a majority of the city council has
agreed in writing to attend the meeting
and consider the action item(s) no later
than 48 hours from the date that the
notice was delivered by the clerk. If a
majority of the council does not agree
within said time period, the clerk shall
notify the councilmember initiating the
request that the request is deemed expired
and no further action will be taken by the
clerk to attempt to schedule the requested
special meeting.
(3) Initiated by city manager. As the
administrative head of the city, the city
manager shall request of the city council
from time to time such decisions or actions
of the city council which the city manager
may determine are reasonably necessary
for the successful accomplishment of the
duties of the city manager. In further-
ance of these duties, the city manager
may request a special meeting if deemed
necessary for the effective administra-
tion of the city. Such request may be
made by notifying each member of council,
verbally or in writing (including by email),
about the purpose and reason for request-
ing the meeting, description of the action
item(s) to be considered by council, and
proposed date(s) and times(s) for the
meeting. However, a meeting will not be
scheduled by the clerk's office unless a
majority of the city council has agreed
verbally or in writing to attend the meet-
ing and consider the action item(s).
(4) Emergencies. Whenever an emergency
exists which requires immediate, urgent
or extraordinary action by the council
due to exigent circumstances affecting
life safety, property damage, the busi-
ness affairs of the city, the environment,
or an emergency measure required to be
addressed under chapter 18 of the City
Code, the city council, mayor or city
manager may call an emergency meet-
ing. Emergency meetings will be
scheduled as soon as possible to address
the exigent circumstances. The clerk shall
immediately attempt to give verbal or
written notice (including by email) to
each member of the council stating the
hour of the emergency meeting and the
purpose for which such meeting is called,
and no other business shall be enacted at
that meeting.
(b) Special and emergency meetings shall be
limited to the purpose and scope of the item(s)
publicly noticed and placed on the meeting agenda.
No other item(s) may be discussed or decided by
the city council at these meetings.
Supp. No. 30 CD2:8
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ADMINISTRATION § 2-60
(c) Special meetings shall only be requested
when there is an action item(s) to present to the
city council for discussion and action. Adequate
time should be afforded city staff to research and
prepare an appropriate city council agenda item(s)
(including if necessary, any related documenta-
tion, ordinance, resolution or legal instrument)
before a special meeting is scheduled so the city
council is well-informed and prepared before
taking final action. Special meetings should not
be requested for an agenda item(s) that can be
placed on a regular council agenda for timely
consideration except if such agenda item(s) and
special meeting is approved by the city council at
a council meeting.
(d) Special meetings shall require a minimum
of 24 hours public notice and shall be subject to
other applicable notice requirements provided
by law. There shall be no minimum public notice
requirements for emergency meetings unless
otherwise provided by law. However, public notice
of emergency meetings shall be given in advance
of the meeting to maximum extent practicable
given the emergency circumstances. Addition-
ally, if, after reasonable diligence, it is impossible
to give notice of a meeting to each councilmem-
ber as required by this section, such failure shall
not affect the legality of the meeting.
(e) All special and emergency meetings shall
be held in the City Hall unless otherwise
determined by the city council or City Hall is not
available. All meetings shall be open to the
public and the press unless otherwise provided
by law. If the city council has not determined
otherwise, the city manager may schedule the
special or emergency meeting at another appropri-
ate location if City Hall is not available. The city
council may also conduct meetings by using
communication media technology if authorized
by law.
(f) Notice of meetings called under this sec-
tion shall be posted at City Hall and on the city
website, and may to the extent deemed practical
and available by the clerk, be posted on suitable
city social media platform(s)
(g) The clerk shall be responsible for maintain-
ing the city council's master meeting schedule
and coordinating schedules of the councilmem-
bers, city manager and other city officials for
purposes of scheduling council meetings called
under this section. When scheduling council
meetings, the clerk may freely propose alterna-
tive dates and times deemed appropriate to
schedule special and emergency council meet-
ings based on the availability of the councilmem-
bers, city manager and other city officials.
(Code 1981, § 271.03; Ord. No. 04-2002, §§ 1, 2,
3-19-02; Ord. No. 01-2011, § 2, 4-19-11; Ord. No.
01-2011, § 2, 4-19-11; Ord. No. 03-2020, § 2,
10-20-20)
Sec. 2-58. Workshop meetings.
Workshop meetings may be called in the same
manner as a special meeting to informally discuss
matters relating to city business. Workshop meet-
ings shall be held in the place so designated by
council to be the locations of workshop meetings
and shall be open to the public and press. Notice
of workshop meetings shall be posted at least 24
hours in advance at the City Hall and on the city
website, and may to the extent practical and
available, be posted on suitable city social media
platform(s).
(Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04),
8-17-93; Ord. No. 26-95, § 1, 11-9-95; Ord. No.
04-2002, § 3, 3-19-02; Ord. No. 01-2011, § 2,
4-19-11; Ord. No. 03-2020, § 2, 10-20-20)
Sec. 2-59. Preparation of ordinances and
resolutions prior to meeting.
All ordinances and resolutions prepared shall
have a permanent reference number assigned
prior to consideration by the council at any
regular meeting. A copy of the ordinance or
resolution for adoption at the regular meeting is
furnished in the council agenda packet.
(Code 1981, § 271.05(D); Ord. No. 04-2002, § 4,
3-19-02; Ord. No. 01-2011, § 2, 4-19-11)
Cross references —City clerk, § 2-116 et seq.; city
attorney, § 2-126 et seq.
Sec. 2-60. Preparation and notice of
agenda.
(a) There shall be an official agenda of every
meeting of the council which shall determine the
order of business conducted at the meeting.
Supp. No. 30 CD2:8.1
§ 2-60 CAPE CANAVERAL CODE
(b) All items to be placed on the agenda must
be initiated by a member of the city council, the
city attorney, city clerk, city manager, or depart-
ment director.
(c) All items to be placed on the agenda must
be filed with the city clerk the Wednesday two
weeks prior to the council meeting. Agenda
Supp. No. 30 CD2:8.2
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ADMINISTRATION § 2-260
given to municipalities or their special magistrate
or code enforcement board by Chapter 162, Florida
Statutes, as amended.
(Ord. No. 11-2019, § 2, 6-18-19)
DIVISION 2. CODE ENFORCEMENT
BOARD*
Sec. 2-256. Created.
A code enforcement board may be established
by the city council, upon adoption of a resolution,
pursuant to the authority granted by Chapter
162, Florida Statutes. If a code enforcement
board is established by the city council, the
provisions of this division shall apply.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-257. Membership.
The city council shall appoint members of the
code enforcement board in accordance with the
terms of Chapter 162, Florida Statutes.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-258. Code board proceedings;
duties, responsibilities and
powers.
The code enforcement board shall have duties,
responsibilities and powers as set forth, and
shall be governed in all respects, by the provi-
sions of Chapter 162, Florida Statutes and divi-
sion 1 of this article, and shall have the power to
hear appeals as otherwise set forth in the City
Code of Ordinances.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-259. Administrative rules.
The code enforcement board may adopt
administrative rules for the efficient conduct of
hearings consistent with the City Code and other
applicable law. Said rules shall be in a form
approved by the city attorney.
(Ord. No. 11-2019, § 2, 6-18-19)
*Cross reference —Boards, committees, commissions,
§ 2-171 et seq.
DIVISION 3. CODE LIEN SATISFACTIONS
Sec. 2-260. Application for satisfaction,
release, or reduction, of code
enforcement liens.
(a) Where a certified copy of an order impos-
ing a penalty or fine, as described in F.S. ch. 162,
has been recorded in the public records of Bre-
vard County, Florida, and has become a lien
against the land and/or property of the violator,
such violator, or the violator's successors and
assigns who has an ownership interest in the
property, (collectively, the "applicant") may apply
for a satisfaction, release, or reduction of such
lien as follows:
(1) Lien satisfaction. Upon full payment by
the applicant of the fine or penalty
imposed in accordance with this division,
the city manager is hereby authorized to
execute and record in the public records
of Brevard County, Florida, a satisfaction
of lien on behalf of the city. The applicant
shall be responsible for paying all costs of
recording. Lien satisfaction requests do
not require a full application required by
subsection (b) of this section because the
applicant is paying the full amount of the
fine or penalty due the city.
(2) Lien release or reduction. Upon request
for a release or reduction of a fine or
penalty imposed in accordance with this
division, the applicant shall submit a
written application to the city manager
or designee, in accordance with this sec-
tion.
(b) Application. The application for release or
reduction of lien shall be in written form, typed
or handwritten, by the applicant and shall be
submitted to the city manager, or designee. The
application shall be executed under oath and
sworn to in the presence of a notary public, and
shall include, but may not be limited to, the
following:
(1) A copy of the order imposing a lien upon
the property including the code enforce-
ment case number;
Supp. No. 30 CD2:25
§ 2-260
CAPE CANAVERAL CODE
(2) The date upon which the applicant
brought the subject property into compli-
ance with the City Code;
(3) The basis upon which the applicant
believes the application for release or
reduction of lien should be granted;
(4) The terms upon which the release or
reduction of lien should be granted;
(5) The reasons, if any, compliance was not
obtained prior to the order of penalty or
fine being recorded;
(6) The reduction in penalty or fine sought
by the applicant;
(7) A statement verifying whether the
applicant was issued any title policy or
policies for the subject property
encumbered by the lien after the date the
lien was recorded in the public records of
Brevard County, Florida. If such a policy
or policies were issued to the applicant, a
copy of any such title policy shall be
submitted with the application;
(8) Any other information which the applicant
deems pertinent to the request, includ-
ing but not limited to the circumstances
that exist which would warrant the reduc-
tion or satisfaction of the penalty or fine.
(c) Reimbursement to city for recording costs
at time of application. The applicant shall submit,
at the time of application, an application fee
established by the city to defray some or all of
the city's costs of processing the application
including, but not limited to, personnel, legal,
and costs associated with recording the order
imposing a penalty or fine and the requested
release or reduction of lien. These costs are
nonrefundable, without regard for the final
disposition of the application.
(d) Application review. Upon receipt of the
application and payment provided above, the
code enforcement division shall confirm that the
violation, which resulted in the order imposing
penalty or fine, has been corrected. If the viola-
tion has been corrected and there are no current
code violation(s) upon the property in question,
the code enforcement division shall place the
application and a staff recommendation upon
the agenda of the next meeting of the special
magistrate for the City of Cape Canaveral for a
hearing and recommendation to the city council.
(e) At the hearing before the special magistrate,
the special magistrate shall review and consider
the application for reduction or release of lien,
provide the violator with an opportunity to address
the special magistrate regarding the application
for reduction or release of lien, and to take the
testimony of other interested parties, including
but not limited to city staff.
Upon review of the application and any
testimony presented by the applicant, city staff
or other interested party, the special magistrate
shall render a written recommendation to the
city council based on findings of fact and law to
either approve, approve with conditions, or deny
the application for reduction or release of lien.
The city council shall consider and give consider-
able weight to the written recommendation of
the special magistrate and render a final deci-
sion on the application.
Whenever a recommendation or decision is
made under this section, the following factors
shall be applied by the city in determining the
amount of any reduction or release:
(1) The amount of any administrative and
out-of-pocket costs incurred by the city
which are directly associated with the
underlying code enforcement case and
lien including, but not limited to, code
enforcement staff and attorney time, post-
age, advertising and recording costs, and
other city expenses related to any measure
taken by the code board or city to abate a
nuisance caused by the violation;
(2) The gravity and number of the viola-
tion(s);
(3) The amount of the requested reduction;
(4) The time in which it took to bring the
property into compliance;
(5) Whether the applicant was responsible
for the violation which caused the lien;
(6) Whether the applicant is or will be a
bona fide purchaser of the subject property
Supp. No. 30 CD2:26
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ADMINISTRATION § 2-260
and is filing or has filed for a homestead
exemption evidencing a desire to reside
within the city on a non -transient basis,
or whether the property is or will be
acquired for investment or other purposes;
(7) Whether the applicant acquired the
subject property with knowledge of the
subject lien or should have knowledge of
the lien through reasonable due diligence;
(8) The accrued amount of the code enforce-
ment fine or lien as compared to the
current market value of the property;
(9) With respect to a speculator, non -
homestead purchaser of the subject
property, the accrued amount of the code
enforcement fine or lien as compared to
the investment/profit that will be gained
as a result of the purchase or sale of the
property and the reduction or satisfac-
tion;
(10) Any previous or subsequent violations
pertaining to the property unless an
order finding a violation is under appeal
at the time of determination;
(11) Any previous or subsequent violations of
the applicant pertaining to the other
properties owned within city, unless an
order finding a violation is under appeal
at the time of determination;
(12) Any relevant information contained in
any title policy required to be submitted
to the city under this section;
(13) Any financial hardship;
(14) Any other mitigating circumstance which
may warrant the reduction or satisfac-
tion of the penalty or fine; and
(15) Any other administrative review criteria
relevant to whether it is equitable to
reduce or release a lien which are adopted
by the city manager, in writing, and are
intended to be applied to all applications
on a uniform basis.
(f) To the maximum extent feasible, the city
council shall collect, at a minimum, all administra-
tive and out-of-pocket costs incurred by the city
as specified in subsection (e)(1). If the city
council approves the application to reduce or
release the lien and the approval is conditioned
upon the applicant paying a reduced penalty,
fine, or any other condition, the satisfaction or
relase of lien shall not be prepared or recorded in
the public records of Brevard County, Florida by
the city manager until the condition(s) imposed
by the city council have been satisfied.
(g) Compliance and right of appeal. The
applicant shall have 30 days in which to comply
with the conditions imposed by the city council
unless otherwise approved by the city council in
a written agreement with the applicant.
(1) If the application is denied, or if the
application is automatically denied due
to the failure of the applicant to comply
with the conditions imposed by the city
council, the applicant shall thereafter be
barred from applying for a subsequent
reduction or release of lien for a period of
one year from the date of denial. During
the one-year period, the lien may only be
satisfied and released upon full payment
of the fine or penalty imposed in
accordance with this division.
(2) The city council shall render a final
decision on the application based upon
the recommendation of the special
magistrate, sworn application and any
other additional and necessarily relevant
information or testimony provided to the
city council at the meeting by the
applicant, city manager or any other
interested party. Any decision made by
the city council pursuant to this section
shall be deemed final and not subject to
any further administrative review by the
city. The applicant shall have 30 days, or
such time period determined by the city
council in a written agreement, in which
to comply with any decision of or condi-
tion imposed by the city council or the
application shall be deemed automati-
cally denied and thereafter, the applicant
shall be barred from applying for a
subsequent reduction or release of lien
for a period of one year from the date of
the city council's decision. During the
one-year period, the lien may only be
Supp. No. 30 CD2:27
§ 2-260
CAPE CANAVERAL CODE
satisfied and released upon full payment
of the fine or penalty imposed in
accordance with this division.
(3) When a lien is satisfied as a result of
reduced payment or release as ordered
by the city council, the city manager is
hereby authorized to execute and record
in the public records of Brevard County,
Florida, a satisfaction of lien on behalf of
the city.
(h) Partial release of liens; liens recorded in
error. Under appropriate circumstances
determined by the city council to be in the best
interests of the city, city council may approve an
application conditioned upon a partial release of
lien that releases a city lien from a specific piece
of property. However, the lien will remain in
effect and will encumber any other properties
which are subject to the lien pursuant to law.
Partial releases of lien may also be authorized by
the city council to account for any funds paid to
the city to reduce the amount owed on the lien.
In addition, nothing herein shall prohibit the
city manager from releasing a lien, in whole or
part, that was recorded in error by the city. An
application shall not be required to release a lien
recorded in error.
(i) The provisions of this division shall be
deemed supplemental and in addition to the city
council's right, at its discretion, to collect a lien
imposed by the city and to compel or bring
properties into compliance with the City Code by
any other lawful means deemed reasonably neces-
sary by the city council.
(Ord. No. 11-2019, § 2, 6-18-19; Ord. No. 32-2021,
§ 2, 8-17-21)
DIVISION 4. SPECIAL MAGISTRATE
Sec. 2-261. Special magistrates.
(a) The city council or city manager may
appoint one or more special magistrates to hear
code enforcement cases. The primary special
magistrate shall be appointed by the city council.
However, the city manager shall have the author-
ity to appoint secondary and alternate special
magistrates on an as needed basis in situations
when the primary special magistrate has a conflict
of any kind: is unavailable on account of illness,
disability or death; or the city's case load temporar-
ily requires an additional special magistrate to
handle cases in a timely manner. Appointments
shall be made in the sole discretion of the city
council or the city manager, as the case may be,
in accordance with applicable law on the basis of
experience or interest in the subject matter
jurisdiction of the violations.
(b) At such time the city council appoints an
initial special magistrate after June 17, 2019 in
accordance with this section, the then existing
City of Cape Canaveral Code Enforcement Board
shall be deemed abolished upon the effective
date of such appointment, subject to the future
reinstatement and reassignment of cases to the
City of Cape Canaveral Code Enforcement Board
by the city council pursuant to section 2-256,
City Code. All cases pending before the City of
Cape Canaveral Code Enforcement Board on the
effective date of any such abolishment shall be
transferred to the special magistrate(s) designated
by this section. Further, if a special magistrate(s)
is established and thereafter abolished, all cases
pending before the special magistrate(s) shall be
reassigned to City of Cape Canaveral Code
Enforcement Board in accordance with the direc-
tion given by the city council.
(c) Special magistrates may be abolished,
suspended, removed or terminated with or without
cause by the council. Appointments to fill any
vacancy shall be for the remainder of the
unexpired term.
(d) Special magistrates shall be members of
the Florida Bar in good standing for five or more
years. The special magistrate must demonstrate
satisfactory knowledge of municipal law and the
general procedures for enforcement of municipal
codes, and must demonstrate a temperament
suitable for the exercise of quasi-judicial powers
vested in each special magistrate. Special
magistrates shall not be city employees or officers.
The city manager shall be responsible for negotiat-
ing and executing a contract on behalf of the city
with the special magistrate and the special
magistrate may be compensated at a rate to be
Supp. No. 30 CD2:28
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ADMINISTRATION § 2-282
agreed upon in the contract. The contract will be
in a form prepared and approved by the city
attorney.
(e) The city attorney may attend the code
enforcement hearings conducted by the special
magistrate and represent city staff in the presenta-
tion of cases, or the code enforcement officer may
present cases, at the option of the city manager
depending upon the substance and complexities
of any given case. To the extent necessary and
consistent with the city's interests to ensure
compliance with City Codes, the city attorney
will defend final orders of the special magistrate
which are appealed by violators to a court of
competent jurisdiction.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-262. Powers of special magistrates.
Special magistrates shall have the power to:
(a) Hear and decide violations of the Code.
(b) Adopt administrative rules for the efficient
conduct of hearings consistent with the
City Code and other applicable law. Said
rules shall be in a form approved by the
city attorney.
(c) Subpoena alleged violators and wit-
nesses for hearings; subpoenas shall be
served by the county sheriff, process
server or by the city staff.
(d) Subpoena evidence deemed relevant to
hearings.
(e) Take testimony under oath.
(f) Assess and order the payment of civil
penalties as provided herein.
(g) Issue orders having the force of law to
command whatever steps are necessary
to bring a violation into compliance.
(h) Have jurisdiction to consider and address
orders previously entered by the city
code enforcement board.
(i) Have jurisdiction to make recommenda-
tions to the city council pursuant to
[section] 2-260 regarding applications for
satisfaction, release, or reduction, of code
enforcement liens.
(Ord. No. 11-2019, § 2, 6-18-19; Ord. No. 32-2021,
§ 2, 8-17-21)
Sec. 2-263. Special magistrate proceed-
ings; duties, responsibilities
and powers.
The special magistrate shall have duties,
responsibilities and powers as set forth, and
shall be governed in all respects, by the provi-
sions of Chapter 162, Florida Statutes, this
division, and division 1 of this article, and shall
have the power to hear appeals as otherwise set
forth in the City Code of Ordinances.
(Ord. No. 11-2019, § 2, 6-18-19)
Secs. 2-264-2-279. Reserved.
DIVISION 5. CODE ENFORCEMENT
CITATIONS
Sec. 2-280. Intent and purpose.
(a) It is the intent and purpose of this division
to provide a supplemental procedure for the
enforcement of city codes and ordinances. Noth-
ing contained in this division shall prohibit the
city from enforcing its Code and ordinances by
any other lawful means.
(b) It is also the intent and purpose of this
division to enhance the effectiveness of code
enforcement within the city by authorizing the
enforcement methods and penalties contained in
this division for the betterment and promotion of
the public health, safety, and welfare of the
citizens of the city.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-281. Reserved.
Sec. 2-282. Authorization of citation
program.
(a) The city hereby adopts a code enforcement
citation system to provide an additional and
supplemental method of enforcing the enumer-
ated codes and ordinances enumerated in section
Supp. No. 30 CD2:29
§ 2-282
CAPE CANAVERAL CODE
2-283 or specifically made subject to this division
elsewhere in the City Code. The enforcement
method shall be by the issuance of citations for
violation of duly enacted city codes and ordinances
in accordance with the rules and procedures
established by this division and F.S. ch. 162.
(b) Code enforcement officers shall not have
the power of arrest for purposes of bringing a
violation in compliance. For each violation, the
code enforcement officer shall determine, using
reasonable discretion, whether to prosecute the
violation through the civil citation system under
this division and/or the code enforcement board
or special magistrate.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-283. Applicable codes and
ordinances; class violation.
(a) The following city codes and ordinances
may be enforced by civil citation to the Brevard
County Court, and are assigned the violation
classification enumerated below:
(1) Chapter 38, article IV, Fireworks: Class
II.
(2) Chapter 34, article II, Litter: Class I.
(3) Chapter 34, article III, Property
Maintenance Standards: Class I.
(4)
(5)
(6)
(7)
Chapter 34, article V, Noise: Class I.
Chapter 34, article VII, Lights: Class I.
Section 14-3, Bees and beehives
prohibited: Class I.
Chapter 14, article III, Sea Turtles: Class
I.
(8) Section 110-467, Garage sales: Class I.
(9) Section 110-582, Swimming pool barri-
ers: Class II.
(10) Chapter 62, Solid waste: Class I.
(11) Section 110-487, Rental restrictions on
dwelling units: Class IV.
(12) Chapter 82, article XIV, Numbering of
Buildings and Property: Class I.
(13) Chapter 82, article V, Registration and
Maintenance of Properties in Foreclosure:
Class IV.
(14) Section 94-6, Prohibited signs and
features: Class I.
(15) Chapter 90, article V, construction site
stormwater runoff control: Class II.
(16) Chapter 92, Fertilizer Land Application:
Class I.
(17) Chapter 6, article III, Possession and
Consumption: Class I.
(18) Chapter 50, section 50-4, Sleeping and
Camping in Public Areas and Beaches:
Class I.
(b) In the event of a conflict between the civil
penalties enumerated in this section and a civil
penalty specifically enumerated elsewhere in
this Code or other ordinances, the more stringent
penalty shall apply.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-284. Training of code enforcement
officers.
(a) The training and qualifications of the code
enforcement officers shall be established by the
city manager.
(b) Except for sworn law enforcement officers,
the designation of code enforcement officers under
this division does not confer the power of arrest
or other law enforcement powers nor subject the
code enforcement officers to the provisions of F.S.
ch. 943.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-285. Citation powers; personal
investigation; reasonable
cause.
Any code enforcement officer is hereby
authorized to issue a citation to a person when,
based upon personal investigation, the officer
has reasonable cause to believe that the person
has committed a civil infraction in violation of
the duly enacted code or ordinance which is
either identified in section 2-283 of this division
or specifically made subject to this division
elsewhere in the City Code, regardless of whether
the violation constitutes a repeat violation. Noth-
Supp. No. 30 CD2:30
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ADMINISTRATION § 2-286
ing in this section shall prohibit the city from
enforcing its codes or ordinances by any other
means.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-286. Violation; penalties; general.
(a) A violation of a City Code or ordinance
specifically made subject to this division is hereby
deemed a civil infraction.
(b) Each violation of a City Code or ordinance
specifically made subject to this division is a
separate civil infraction. Each day such violation
shall continue shall be deemed to constitute a
separate civil infraction.
Supp. No. 30 CD2:30.1
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ADMINISTRATION § 2-300
elects to evict the business declared to be a
nuisance within 90 calendar days after notifica-
tion by registered mail to the property owner of a
second stolen property conviction of the tenant.
Any lien recorded against real property may be
foreclosed by the city and the owner of such real
property shall be liable for all costs, including a
reasonable attorney's fee, associated with the
recording of all orders and foreclosure.
(d) The board may further bring a complaint
pursuant to F.S. § 60.05, seeking a permanent
injunction against any nuisance as described in
this division. This section does not restrict the
right of any person to proceed under F.S. § 60.05,
against any criminal nuisance.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-298. Appeal.
A party aggrieved by a final administrative
order of the board shall have the right to appeal
said order to a court of competent jurisdiction,
pursuant to the rules of procedure of the court.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-299. Reserved.
ARTICLE VII. TRAVEL
REIMBURSEMENT POLICIES AND
PROCEDURES
Sec. 2-300. Reimbursement policy and
procedures for official travel.
(a) Purpose. It is the intent of this section to
regulate official travel expenses of city officers,
employees, and other authorized persons, as
defined in F.S. § 166.021. It is also the intent of
this section that the provisions of F.S. § 112.061,
pertaining to municipalities, and any amend-
ments, additions, or modifications to such provi-
sions, shall be incorporated herein by reference,
to the extent this section does not address a
subject matter that is addressed in F.S. § 112.061,
and that the provisions contained in this section
shall be supplemental and in addition to the
provisions of F.S. § 112.061. In the event of any
conflict between this section and F.S. § 112.061,
this section, in accordance with F.S. § 166.021,
shall prevail.
(b) Definitions. For purposes of this article,
the following terms shall have the meanings
indicated:
Supp. No. 30 CD2:39
(1) Officer or public officer. An individual
who, in performance of his/her official
duties is vested by law with sovereign
powers of government, who is elected by
the people (mayor and city council).
(2) Employee or public employee. The city
manager or an individual, whether com-
missioned or not, other than an officer or
authorized person as defined herein, who
is filling a regular or full-time authorized
position and is responsible to the city
manager.
(3) Authorized person.
(A) A person, other than a public officer
or employee, as defined herein,
whether elected or commissioned or
not, who is authorized by the city
manager or city council to incur
travel expenses in the performance
of his official duties; or
(B) A person who is called upon the city
to contribute time and services as
consultant or adviser.
(4) Traveler. A public officer, public employee,
or authorized person, when performing
authorized travel.
(5) Travel expense. The usual, ordinary and
incidental expenditures necessarily
incurred by a traveler.
(6) Common carrier. Train, bus, commercial
airline operating scheduled flights, or
rental cars of an established rental car
firm.
(7) GSA (General Services Administration).
The Federal government agency tasked
with managing government buildings and
real estate, providing product and service
procurement, and developing policies and
regulations.
(8) GSA Rate or Amount shall mean the
most current rate adopted by the GSA
and in effect at the time the travel
expense is incurred.
§ 2-300 CAPE CANAVERAL CODE
(c) Authority to incur travel expenses.
(1) All travel of public employees must be
authorized and approved by the depart-
ment head and city manager. Multiday
travel of the city manager or a public
officer must be approved by the city
council.
(2) Day trips may be authorized by the
department head without approval of the
city manager.
(3) The city shall not authorize or approve
such a request of a public employee
unless it is accompanied by a signed
statement listing the purpose of such
travel, the dates and expenses involved,
and a copy of the travel itinerary attached.
(4) Travel expenses of travelers shall be
limited to thoseexpenses necessarily
incurred by them in the performance of a
public purpose authorized by law to be
performed by the city and must be within
the limitations prescribed by this policy.
(d) Computation of travel time for reimburse-
ment. For purposes of reimbursement and methods
of calculating fractional days of travel, the fol-
lowing principles are prescribed:
(1) Travel categories. The following travel
categories are prescribed:
Class A. Continuous travel of 24 hours
(or more) away from the city.
Class B. Continuous travel of less than
24 hours with an overnight absence
from the city.
Class C. Travel for short or day trips
when the traveler is not away from
the city overnight.
(2) Travel reimbursements. All travelers shall
be reimbursed for the actual dollars spent
with a maximum of the GSA rate for
meals at the destination location. A
detailed receipt is required for reimburse-
ment. Reimbursements shall be made
according to the following schedule:
(A) Meals for class B and class C shall
be reimbursed for travel which:
(i) Breakfast begins before 6:00
a.m. and extends beyond 8:00
a.m.
Supp. No. 30 CD2:40
(ii) Lunch begins before 12:00 noon
and extends beyond 2:00 p.m.
(iii) Dinner begins before 6:00 p.m.
and extends beyond 8:00 p.m.
(B) Meals for class A travel shall be
authorized up to a maximum of the
GSA rate for the destination loca-
tion. A detailed receipt is required
for reimbursement.
(C) When a traveler attends an event
on the city's behalf and the fixed
price of the meal exceeds the per
meal allowance, the traveler shall
be reimbursed the actual cost of the
meal as authorized by the city
manager.
(D) Receipts shall not be required for
meals on authorized overnight travel.
(E) No traveler shall be reimbursed for
meals gratuitously provided by
another party.
(F) No traveler shall be reimbursed for
meals when travel is confined to the
city or immediate vicinity, except as
authorized by the city manager.
(G) Reimbursement for overnight travel
shall be for actual lodging expenses
at the single occupancy rate, to be
substantiated by paid receipts, and
shall be reimbursed at a maximum
of the current GSA lodging rate for
the destination location.
(H) Lodging will be reimbursed for out
of county, multiday activities, and
shall be reimbursed at a maximum
of the current GSA rate for lodging
at the destination location.
(I) No sales tax shall be reimbursable
to any person, unless the city is also
required by law to pay such tax.
(J) Items specifically disallowed for
reimbursement purposes:
(i) Alcoholic beverages;
(ii) Entertainment;
(iii) Any expenses incurred by
dependents;
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ADMINISTRATION
(iv) Attendance at political rallies;
and
(v) Travel for the specific purpose
of promoting the candidacy of
an individual for public office.
(K) Other reimbursable expenses:
(i) Toll charges;
(ii) Taxi fares;
(iii) Parking and storage fees;
(iv) Fuel for city vehicle;
(v) Common carrier transporta-
tion —When required. (Must be
approved by the city manager);
(vi) Valet parking —When neces-
sary;
(vii) Convention registration fees;
and
(viii) Baggage handling at $0.50 per
bag up to $2.00 upon arrival
and departure.
(e) Transportation.
(1) In no circumstance shall the city vehicle
be used for purposes other than authorized
official travel.
(2) All travel must be a usually traveled
route. The city manager shall designate
the most economical method of travel for
each trip.
(3) All employees should utilize municipal
vehicles when traveling on official busi-
ness. This requirement insures adequate
liability coverage in the event of an
accident or injury. In those instances
when a city vehicle is not available, and
with the prior approval of the depart-
ment head and the city manager, the use
of privately owned vehicles may be
authorized. Whenever travel is by
privately owned vehicles, calculating the
mileage for travel shall be deemed to
start from the employee's usual city work
building/location (not from the employee's
place of residence) to the official travel
destination and the traveler shall be
entitled to a mileage reimbursement at
the "standard mileage rate." The standard
§ 2-300
mileage rate is set annually by the
Internal Revenue Service. All mileage
shall be from point of origin to point of
destination based on a current Google
map submitted with the travel expense
report. Mileage will be based on the
estimated most direct Google map route.
(4) Travel reservation for official travel on a
common carrier shall be made through
the city's purchasing division, or other
group or individual designated by the
city manager to coordinate travel reserva-
tions. The purchasing division shall insure
that travel is cost-effective and pursuant
to all procurement procedures adopted
by the city.
(f) Fraudulent claims. Any individual receiv-
ing an allowance or reimbursement by means of
a false claim shall be liable for the amount of the
overpayment, plus interest at a rate equal to the
average rate currently received on investments
and may be subject to termination or disciplin-
ary action as provided by the City Charter,
personnel policy or any other applicable policy or
law adopted by the city council.
Supp. No. 30 CD2:41
(g) Standard procedures.
(1) Travel voucher. Travel expense reports,
on a form prescribed by the city manager,
shall be submitted by all individuals
performing official travel within ten work-
ing days of the individual's return. Each
approved travel expense report will be
audited when received. Individuals
requesting reimbursement are responsible
for mathematical computation. Any report
which is not approved or properly
prepared, or is prepared in such a way as
to be unauditable, will be returned for
resubmission. Travel authorization and
all required receipts must be submitted
with the expense report in order to claim
a reimbursement.
(2) Travel advances.
(A) Travel advances for overnight travel
must be requested at least two weeks
in advance of the departure. An
explanation as to the reason for
§ 2-300 CAPE CANAVERAL CODE
travel, the amount of money and
correct account to be charged must
be indicated on the request.
(B) No travel advances will be made for
class C travel. Due to tax implica-
tions, reimbursement will be made
to the employee in the payroll fol-
lowing submission of approved
expense report.
(C) Any unused portion of money
advanced to a traveler shall be repaid
immediately upon the return of the
traveler. Any unused advance money
not repaid within 15 calendar days
after return of the • traveler shall
accrue interest at the average rate
currently received on city invest-
ments. Any city employee not repay-
ing any unused portion of a travel
expense advance within 30 days
after his/her return will have his/
her salary withheld by the city until
repayment is made.
(D) In instances where a trip should
arise for a member of the city council
that does not provide ample notice
to the council at a public meeting,
then, with a minimum of 24 hours'
notice, the traveler shall request
the city manager to send a memo to
the mayor, each council member,
city attorney and city clerk advising
them of the trip, departure date,
justification and return date. At the
first regular city council meeting
after return from an official trip,
the council member shall make a
verbal report to the council on the
text of the trip.
(Ord. No. 38-2003, 10-21-03; Ord. No. 30-2021,
§ 2, 6-15-21)
Supp. No. 30 CD2:42
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ALCOHOLIC BEVERAGES § 6-27
ARTICLE I. IN GENERAL
Sec. 6-1. Penalty.
Any person violating this chapter shall be
punished as provided in section 1-15, or as
otherwise specifically provided herein.
(Code 1981, §§ 733.04, 733.05, 734.03, 737.09;
Ord. No. 01-2017, § 2, 1-17-17)
Secs. 6-2-6-25. Reserved.
ARTICLE II. OPERATION OF
ESTABLISHMENTS
Sec. 6-26. Hours of operation.
(a) Any commercial establishment which
serves, dispenses, stores or sells alcoholic bever-
ages, or where alcoholic beverages are consumed,
or which holds a license under the division of
beverages for either on -premises or off -premises
consumption, shall have the hours of operation
for the purposes of dispensing, selling, consum-
ing or serving alcoholic beverages from 7:00 A.M.
of one day to 2:00 A.M. of the following day.
(b) Establishments within the city licensed by
the state division of beverages may remain open
until 4:00 a.m. on January 1 and shall not be
required to close at 2:00 a.m. as provided in
subsection (a) of this section.
(Code 1981, §§ 733.01, 733.03; Ord. No. 10-94,
§ 1(733.01), 3-1-94)
State law reference —Authority to regulate hours of
sale, F.S. § 562.14.
Sec. 6-27. Nudity on premises where
served, consumed or stored.
(a) It shall be unlawful for any person
maintaining, owning, or operating a commercial
establishment located within the city at which
alcoholic beverages are offered for sale, served,
consumed or stored to:
(1) Suffer or permit any female person, while
on the premises of the commercial
establishment, to expose to the public
view that area of the human breast at or
below the areola.
(2) Suffer or permit any female person, while
on the premises of the commercial
establishment, to employ any device or
covering which is intended to give the
appearance of or simulate such portions
of the human female breast as described
in subsection (a)(1) of this section.
(3) Suffer or permit any person, while on the
premises ofthe commercial establish-
ment, to expose to public view the genitals,
pubic area, buttocks, anus or anal cleft or
cleavage of such person.
(4) Suffer or permit any person, while on the
premises of the commercial establish-
ment, to employ any device or covering
which is intended to give the appearance
of or simulate the genitals, pubic area,
buttocks, anus, anal cleft or cleavage.
(b) It shall be unlawful for any female person
while on the premises of a commercial establish-
ment located within the city at which alcoholic
beverages are offered for sale, served, consumed
or stored to expose to public view that area of the
human female breast at or below the areola or to
employ any device or covering which is intended
to give the appearance of or simulate such areas
of the female breast as described in this subsec-
tion.
(c) It shall be unlawful for any person while
on the premises of a commercial establishment
located within the city at which alcoholic bever-
ages are offered for sale, served, consumed or
stored to expose to public view the genitals,
pubic area, buttocks, anus or anal cleft or cleav-
age of such person or to employ any device or
covering which is intended to give the appear-
ance of or simulate the genitals, pubic area,
buttocks, anus or anal cleft or cleavage.
(d) If the owner, operator, lessor, lessee,
manager, employee or any other person participat-
ing in the operation of a commercial establish-
ment located within the city at which alcoholic
beverages are offered for sale, served, consumed
or stored shall be convicted of any of the offenses
designated in subsection (a), the business license
official, as designated by the city manager, shall
revoke the local business tax receipt for the
establishment after giving a reasonable notice
Supp. No. 30 CD6:3
§ 6-27
CAPE CANAVERAL CODE
thereof to the holder of the receipt and affording
the holder an opportunity to be heard as to why
the revocation should not be issued.
(Code 1981, § 734.01(A)—(C), (E); Ord. No.
02-2007, § 3, 2-20-07; Ord. No. 07-2008, § 3,
7-1-08)
Cross reference —Adult entertainment regulations,
§ 10-86 et seq.
State law reference —Authority to regulate conduct,
F.S. §§ 562.14, 562.45.
Secs. 6-28-6-50. Reserved.
ARTICLE III. POSSESSION AND
CONSUMPTION
DIVISION 1. GENERALLY
Sec. 6-51. Streets, alleys, sidewalks and
parking areas.
(a) It shall be unlawful for any person to
drink, consume or possess an open container of
alcoholic beverage, as defined in F.S. § 561.01,
including but not limited to beer and wine, on or
upon any street, alley, walkway, sidewalk, public
dune crossover, or any city public parking area
open to the public, or on the premises outside of
any building containing an establishment open
to the general public, not including any building
customarily used for residential purposes.
(b) The city manager may waive the prohibi-
tions of this section for any special event, includ-
ing, but not limited to, community picnics,
charitable ball games and other events, provided
that nothing in this section shall be deemed to
waive any provisions of state law regulating
alcoholic beverages.
(c) This section shall not prohibit the consump-
tion or possession of any open container of
alcoholic beverages outside of any building
licensed to serve alcoholic beverages provided
that: (1) the outside location of such possession
or consumption has been designated in the
alcoholic license issued by the state as part of the
licensed premises, as defined by F.S. § 561.01; (2)
the outside consumption or possession at such
location conforms to the requirements of the City
Code and applicable law; and (3) such possession
or consumption is confined to the location
designated in the alcoholic license issued by the
state as part of the licensed premises.
(Code 1981, § 604.01; Ord. No. 06-2002, § 1,
3-19-02; Ord. No. 12-2010, § 2, 10-19-10; Ord.
No. 01-2017, § 2, 1-17-17; Ord. No. 12-2021, § 2,
4-20-21)
Cross references —Library, ch. 46; parks and recreation
areas, ch. 54; streets, sidewalks and other public places, ch.
66; waterways, ch. 106; zoning, ch. 110.
Sec. 6-52. Parks and recreation areas.
(a) It shall be unlawful for any person to
drink, consume or possess an open container of
alcoholic beverage, as defined in F.S. ch. 561,
within the confines of any public park, public
recreational area, public recreation facility or
public ballpark within the city, excluding the
ocean beach.
(b) The city manager may waive the prohibi-
tions of this section for any special event, includ-
ing but not limited to community picnics,
charitable ball games and other events, provided
that nothing in this section shall be deemed to
waive any provisions of state law regulating
alcoholic beverages.
(Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94;
Ord. No. 12-2010, § 2, 10-19-10)
Cross reference —Parks and recreation, ch. 54.
Sec. 6-53. Ocean beach.
(a) It shall be unlawful for any person to
possess an alcoholic beverage, as defined in F.S.
ch. 561, on the ocean beach or dune in containers
greater than one gallon (128 ounces) in capacity.
(b) The city manager may waive the prohibi-
tions of this section for any special event includ-
ing, but not limited to, community picnics,
charitable ball games and other events, provided
that nothing in this section shall be deemed to
waive any provisions of state law regulating
alcoholic beverages.
(Ord. No. 09-2006, § 2, 6-20-06; Ord. No. 12-2010,
§ 2, 10-19-10)
Supp. No. 30 CD6:4
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ALCOHOLIC BEVERAGES § 6-67
Sec. 6-54. Penalties.
Any person who violates or fails to comply
with any provision of this Article III, Division 1,
"Possession and Consumption —Generally" shall
be subject to the following:
(a) The issuance of a Class I citation in
accordance with the provisions of section
2-280 et seq., "Code Enforcement Cita-
tions"; or
(b) Enforcement by other means including,
but not limited to: A summons; a notice
to appear in the county or circuit court;
an arrest; an action before the special
magistrate/code enforcement board; or a
civil action for injunctive relief; or '
(c) Punished in accordance with the general
penalty set forth in section 1-15 of this
Code.
(Ord. No. 01-2017, § 2, 1-17-17)
Secs. 6-55-6-65. Reserved.
DIVISION 2. MOTOR VEHICLES*
Sec. 6-66. Definitions.
The following words, terms and phrases, when
used in this division, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Alcoholic beverage means any beverage contain-
ing more than one percent of alcohol by weight.
Proof that a beverage in question was contained
in an opened bottle or can, labeled as beer, ale,
malt liquor, malt beverage, wine, wine cooler or
other similar name and which bears the
manufacturer's insignia, name or trademark,
shall be prima facie evidence that such beverage
is an alcoholic beverage.
Highway means any public street, avenue,
boulevard, roadway, alley, sidewalk, parking lot
or other right-of-way or any area upon which the
*Cross references —Streets, sidewalks and other public
places, ch. 66; traffic and vehicles, ch. 74.
State law reference —Possession of open containers in
vehicles, F.S. § 316.1936.
public has a right to travel, whether public or
private, located within the incorporated area of
the city.
Open container means any bottle, can or other
receptacle or container containing any alcoholic
beverage or any mixture containing an alcoholic
beverage which has been opened or a seal broken
or the contents of which have been partially
removed.
Possession means an open container shall be
considered to be in the possession of the operator
of a vehicle if the container is not in the posses-
sion of a passenger and is not located in a locked
glove compartment, locked trunk or other locked
nonpassenger area of the vehicle. An open
container shall be considered to be in the posses-
sion of a passenger of a vehicle if the container is
in the physical control of the passenger. An open
container shall not be considered in the posses-
sion of a person if the open container is located in
the refrigerator or other storage area of a motor
home or recreational vehicle which is in excess of
21 feet in length.
Vehicle means every device in, upon or by
which any person or property is or may be
transported or drawn upon a highway, except
devices used exclusively upon stationary rails or
tracks.
(Code 1981, § 737.03; Ord. No. 5-93, § 1(737.03),
4-6-93)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 6-67. Policy and intent.
The city council finds that the consumption of
alcoholic beverages while driving or riding in or
on a motor vehicle poses a grave and imminent
hazard to the health, safety and welfare of the
residents of the city and is in conflict with and of
the spirit of the beverage laws of the state. It
therefore is declared to be the policy of the city
that the consumption of alcoholic beverages and
the possession of any open container containing
alcoholic beverages while driving or riding in or
on a motor vehicle is prohibited.
(Code 1981, § 737.01)
Supp. No. 30 CD6:5
§ 6-68 CAPE CANAVERAL CODE
Sec. 6-68. Open containers prohibited.
It shall be unlawful for any person in any
motor vehicle to possess, to have readily acces-
sible or to transport or to allow others to possess,
to have readily accessible or to transport any
open container containing any alcoholic bever-
age or any mixture containing an alcoholic bever-
age while the motor vehicle is upon a street or
highway within the city.
(Code 1981, § 737.05)
Sec. 6-69. Exceptions.
(a) This division shall not apply to:
(1) Any open container in a refrigerator in
the living area of a house trailer, travel
trailer, camping trailer, motorhome,
camper and other similar type of facility
that is primarily designed and constructed
to provide temporary living quarters and
utilized for traveling and recreational
purposes and that is equipped with
refrigeration facilities.
(2) The possession of any open container
containing any alcoholic beverage by any
state -licensed beverage salesperson,
vendor or agent, but only for purposes
specifically related to his employment as
a salesperson, vendor or agent and only
during normal working hours for such
business.
(3) The possession of any open container
containing any alcoholic beverage by any
duly ordained or authorized minister,
pastor, priest, rabbi or any other similarly
designated person of any religious order,
monastery, church or religious body, but
only for purposes specifically related to
the fulfillment of religious duties.
(4) The possession of any open container
containing any alcoholic beverage by any
law enforcement officer and employee of
a law enforcement agency, but only while
in the performance of lawful duties.
(5) The possession of any open container
containing any alcoholic beverage by any
person engaged in picking up empty bever-
age containers solely for the purpose of
collecting the deposit or value of such
containers.
(6) The possession of any open container
containing any alcoholic beverage by any
person participating in a litter control or
pickup program.
(b) The exceptions stated in subsection (a) of
this section shall apply only to possession and
transportation of alcoholic beverages and open
containers, and not to drinking or consuming
alcoholic beverages.
(Code 1981, § 737.07)
Supp. No. 30 CD6:6
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CIVIL EMERGENCIES § 18-3
Sec. 18-1. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Civil emergency means any serious incident,
situation or combination of serious circumstances
resulting in a state that calls for immediate,
urgent or extraordinary policy considerations
and decisions by the city to protect the public
health, safety and welfare, property, environ-
ment or the function of city operations including:
(1) A riot or unlawful assembly character-
ized by the use of actual force or violence
or any threat to use force if accompanied
by immediate power to execute by three
or more persons acting together without
authority of law, or act of terrorism or
war.
(2) Any natural disaster or manmade calam-
ity, including flood, conflagration, cyclone,
tornado, hurricane, earthquake or explo-
sion, within or near the corporate limits
of the city resulting in, or having the
high probability of causing, the death or
injury of persons or the destruction of
property to such an extent that urgent or
extraordinary measures must be taken
to protect the public health, safety and
welfare.
(3) Any incident that poses an immediate
threat to life, health, property, or environ-
ment.
(4) Any incident that has already caused
loss of, or has a high probability of
escalating to cause immediate danger to,
life, public health, property damage, or
environmental damage.
(5) Any serious medical emergency to the
community such as a pandemic, plague,
cholera, ebola, malaria and other
outbreaks of disease.
(6) Any incident that has caused, or poses an
immediate threat to, the function of the
city such that city services are, or will be,
seriously disrupted.
Curfew means a prohibition against any person
or persons walking, running, loitering, standing
or motoring upon any alley, street, highway,
public property or vacant premises within the
corporate limits of the city, except the persons
officially designated to perform duties with refer-
ence to the civil emergency.
(Code 1981, § 605.01; Ord. No. 03-2020, § 3,
10-20-20)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 18-2. Persons authorized to declare
emergency.
The city council shall have the right to declare
a civil emergency by resolution. In the event a
meeting of the city council cannot be convened to
declare a civil emergency in a timely manner, the
mayor, or in the absence of the mayor, the city
manager, shall have the right to declare a civil
emergency provided the declaration is in writ-
ing.
(Code 1981, § 605.02; Ord. No. 16-2003, § 2,
6-3-03)
Cross references —City council, § 2-26 et seq.; officers
and employees, § 2-91 et seq.; city manager, § 2-101 et seq.
Sec. 18-3. Emergency powers and
measures.
Whenever a civil emergency is declared pursu-
ant to section 18-2 of this Code, the council
resolution or written instrument of the mayor or
city manager shall set forth the nature of the
civil emergency, any lawful measures deemed
necessary to preserve and protect the public
health, safety, and welfare, and the duration said
measures shall remain in effect. Any measure
promulgated under this section shall have the
force and effect of law. Such measures shall only
be effective during the state of civil emergency.
Such measures may include, but are not limited
to, the following:
(a) Establish curfews, including, but not
limited to, the prohibition of or restric-
tions on pedestrian and vehicular move-
ment, standing and parking, except for
the provisions of designated essential
services, such as fire, police, emergency
medical services (including the transporta-
Supp. No. 30 CD18:3
§ 18-3
CAPE CANAVERAL CODE
tion of patients and emergency calls by
physicians or other approved medical
personnel), and public works services
(including utility emergency repairs).
(b) Utilize all available resources of the city
government as reasonably necessary to
cope with the civil emergency, including
emergency expenditures. However, in the
case of a declaration of civil emergency
by the mayor or city manager, such
emergency expenditure shall not exceed
$50,000.00.
(c) Declare certain areas of the city off limits
and closed to all nonessential personnel.
(d) Make provisions for the availability and
use of temporary emergency housing and
the emergency warehousing of materials.
(e) Establish an emergency operating center
and employee shelter in addition to or in
place of those provided for in the Brevard
County's emergency plan.
(f) Establish price controls pursuant to sec-
tion 18.-5 of this Code.
(g) Confiscate merchandise, equipment,
vehicles, or property needed to alleviate
the emergency. Reimbursement shall be
within 60 days and at customary value
charged for the items during the 90 days
previous to the emergency.
(h) In cooperation with Brevard County
emergency management and on behalf of
the city, call on the National Guard of the
Army, Coast Guard or other law enforce-
ment divisions as necessary to assist in
the mitigation of the emergency or to
help maintain law and order, rescue and
traffic control.
(i) Activate the statewide mutual -aid system.
(j) Prohibit or limit the sale, purchase,
transfer, distribution, display, posses-
sion, or exchange of any weapon as defined
in F.S. § 790.001; except that this provi-
sion shall not apply to duly authorized
law enforcement officials acting in an
official capacity.
(k) Prohibit or limit the sale, purchase,
transfer, distribution, display, posses-
sion, exchange of any alcoholic beverage,
flammable liquid, explosive substance or
hazardous material or substance;
(1) Prohibit or limit any person or persons
from assembling in public places; and
(m) Prohibit or limit the public's use of public
facilities including, but not limited to,
parks, government buildings, rights -of -
way, and beaches.
(Code 1981, § 605.03; Ord. No. 16-2003, § 2,
6-3-03; Ord. No. 08-2011, § 2, 9-20-11)
Sec. 18-4. Duration and termination of
emergency.
(a) Upon declaration of a civil emergency
pursuant to section 18-2 of this Code, the state of
emergency shall commence immediately unless
otherwise provided in the council resolution or
the written instrument of the mayor or city
manager, and shall terminate when the declara-
tion has been rescinded or terminated by similar
resolution or written instrument.
(b) Notwithstanding the provisions in
subparagraph (a) of this section, any declaration
of civil emergency imposed by the mayor or city
manager shall be subject to review by the city
council at a regular or special meeting within 24
hours of such declaration or as soon thereafter as
the city council can convene a meeting. The city
council shall review the declaration and determine
whether a civil emergency exists. If a civil
emergency exists, the city council shall declare
such emergency by resolution. In any event, the
declaration imposed by the mayor or city manager
shall immediately terminate at the time the city
council makes the determination required by
this subsection.
(Ord. No. 16-2003, § 2, 6-3-03)
Sec. 18-5. Sale of goods, services, or
materials at unconscionable
prices.
(a) During a declared civil emergency, it shall
be unlawful and a violation of this chapter for a
person or her or his agent or employee to rent or
sell or offer to rent or sell at an unconscionable
Supp. No. 30 CD18:4
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CIVIL EMERGENCIES § 18-7
price any goods, services, materials, or essential
commodity within the area for which a civil
emergency is declared.
(b) During a declared civil emergency, it''shall
be unlawful and a violation of this chapter for
any person to impose unconscionable prices for
the rental or lease of any dwelling unit or
self -storage facility within the area for which a
civil emergency is declared.
(c) A price approved by an appropriate govern-
ment agency shall not be a violation of this
section.
(d) For purposes of this section, the term
"unconscionable" shall have the same meaning
and evidentiary standard set forth in F.S.
§ 501.160, as amended.
(Ord. No. 16-2003, § 2, 6-3-03)
Sec. 18-6. Violations and penalties.
A violation of any provision of this chapter, or
violation of any emergency measure promulgated
under this chapter, by any person, shall constitute
a code violation and be punishable pursuant to
section 1-15 of this Code.
(Ord. No: 16-2003, § 2, 6-3-03)
Sec. 18-7. Authority; governor's; president.
Nothing contained in this chapter shall be
construed to limit the governor's or the president
of the United States' ability to proclaim or
terminate a state of emergency within the city.
(Ord. No. 16-2003, § 2, 6-3-03)
Supp. No. 30 CD18:5
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Chapter 46
LIBRARY*
Article I. In General
Sec. 46-1. Established.
Secs. 46-2-46-25. Reserved.
Article II. Library Board
Sec. 46-26. Created.
Secs. 46-27-46-33. Reserved.
*Editor's note —Ord. No. 29-2021, § 2, adopted August 17, 2021, amended Ch. 46 in its entirety to read as herein set out.
Former Ch. 46, §§ 46-1, 46-26, 46-27, 46-30-46-33, pertained to similar subject matter, and derived from Code 1981,
§§ 253.01-253.04, 253.09, 253.10, 251.05; Ord. No. 51-93, § 1, adopted Jan. 4, 1994; Ord. No. 12-2003, § 5, adopted July 1, 2003;
Ord. No. 13-2011, § 4, adopted Dec. 20, 2011.
Cross references —Impact fees, § 2-231 et seq.; possession of alcoholic beverages on streets, alleys, sidewalks and parking
areas restricted, § 6-51; streets, sidewalks and other public places, ch. 66.
Supp. No. 30 CD46:1
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LIBRARY § 46-33
ARTICLE I. IN GENERAL
Sec. 46-1. Established.
There is established in the city a public library
for the use and enjoyment of the citizens and
residents of the city and the adjoining environs,
including the county, which shall be known as
the Cape Canaveral Public Library.
(Ord. No. 29-2021, § 2, 8-17-21)
Secs. 46-2-46-25. Reserved.
ARTICLE II. LIBRARY BOARD
Sec. 46-26. Created.
(a) The city council shall perform the function
and responsibilities of the local library board.
(b) The purpose of the library board is to
serve as the local advisory board under that
certain agreement entered into by and between
the City of Cape Canaveral and Brevard County,
dated March 1, 1988, as may be amended, under
which the County agreed to provide library
services at the Cape Canaveral Public Library.
Pursuant to the Agreement, the library board
will represent the interests ' of the public, to
provide for development and improvement of
local library services, and to serve as an informa-
tion source in planning local library service
programs for discussion and review by the Bre-
vard County Public Library Board. The library
board will facilitate the transmission of informa-
tion from the local Cape Canaveral community
pertaining to the needs of the Cape Canaveral
Library to the Brevard County Library Board
and Library Services Director.
(c) The library board shall meet not less than
once a year and seek input and advice from
interested citizens regarding the library at one
or more public meetings. Such meeting(s) may
be included as an agenda item during a regular
city council meeting. Local citizen volunteers at
the library will be invited to attend such meeting
and be provided an opportunity to offer verbal or
written input and advice. As deemed warranted
or necessary by the library board, the library
board may transmit information and input and
advice resulting from the meeting(s) to the Bre-
vard County Library Board and Library Services
Director.
(Ord. No. 29-2021, § 2, 8-17-21)
Secs. 46-27-46-33. Reserved.
Supp. No. 30 CD46:3
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Chapter 62
SOLID WASTE*
Sec. 62-1. Definitions.
Sec. 62-2. Reserved.
Sec. 62-3. Authority of city to collect.
Sec. 62-4. Ownership by city.
Sec. 62-5. Schedule of fees.
Sec. 62-6. Complaint procedure.
Sec. 62-7. Transporting.
Sec. 62-8. Containers required.
Sec. 62-9. Residential solid waste pickup conditions.
Sec. 62-10. Proper disposal prerequisite to collection.
Sec. 62-11. Unlawful acts.
Sec. 62-12. Regulations on file.
*Cross references —Code enforcement, § 2-246 et seq.; environment, ch. 34; litter, § 34-26 et seq.; disposal of garbage, trash,
rubbish, and other waste restricted, § 34-28; abandoned property, § 34-176 et seq.; utilities, ch. 78; concurrency management
system, ch. 86; vegetation, ch. 102; land clearing, § 102-36 et seq.; supplementary district regulations, § 110-466 et seq.; solid
waste franchise agreement, app. A, art. VI.
State law reference —Resource recovery programs, F.S. § 403.702 et seq.
Supp. No. 30 CD62:1
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SOLID WASTE § 62-1
Sec. 62-1. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Approved container means mechanical, roll -
off, refuse, recycling and such other containers
provided by the collector and acceptable to the
city.
Biohazardous waste means any solid waste or
liquid waste which may present a threat of
infection or disease to humans or may reason-
ably be suspected of harboring pathogenic organ-
isms. The term includes, but is not limited to,
non -liquid human tissue and body parts; labora-
tory and veterinary waste, which contain human -
disease -causing agents; used or contaminated
disposable sharps (e.g. hypodermic needles,
syringes, broken glass, and scalpel blades), human
blood, and human blood products and body fluids;
and other materials which in the opinion of the
Department of Health and Rehabilitative Services
represent a significant risk of infection to persons
outside the generating facility.
Bulk trash means any non -vegetative item
which cannot be containerized, bagged or bundled;
including, but not limited to, inoperative and
discarded refrigerators, ranges, toilets, washers,
dryers, bath tubs, water heaters, sinks, bicycles,
car tires, and other similar appliances; household
goods, and furniture and shall not be com-
mingled with vegetative waste.
Collector means any person or entity authorized
by license or franchise granted by the city to
collect and remove solid waste, construction and
demolition debris or such other waste regulated
by the city.
Commercial service means the collection and
disposal services provided to business establish-
ments, churches, schools, multiple dwelling units,
office buildings and other commercial establish-
ments serviced by mechanical container and/or
commercial 96-gallon cart service. Commercial
service is further defined as any service identi-
fied within appendix B, Schedule of Fees, to this
Code, other than Service Code SFR1, MHR2, and
RC CM.
Commercial trash means any and all accumula-
tions of paper, rags, excelsior or other packing
materials, furniture, appliances, wood, cardboard
boxes or containers, sweepings, and any other
similar accumulation not included under the
definition of garbage, generated by the operation
of stores, offices, and other commercial establish-
ments. Commercial trash shall not include special
waste.
Construction and demolition debris shall have
the same meaning proscribed in 62-701.200(24),
Florida Administrative Code, which at the effec-
tive date of this Agreement means:
Discarded materials generally considered
to be not water soluble and non -hazardous in
nature, including but not limited to steel,
glass, brick, concrete, asphalt material, pipe,
gypsum wallboard, and lumber, from the
construction or destruction of a structure as
part of a construction or demolition project or
from the renovation of a structure, including
such debris from construction of structures at
a site remote from the construction or demoli-
tion project site. The term includes rocks,
soils, tree remains, trees, and other vegetative
matter that normally results from land clear-
ing or land development operations for a
construction project; clean cardboard, paper,
plastic, wood, and metal scraps from a construc-
tion project; except as provided in Section
403.707(9)(j), Florida Statutes, yard trash and
unpainted, non -treated wood scraps from
sources other than construction or demolition
projects; scrap from manufacturing facilities
that is the type of material generally used in
construction projects and that would meet the
definition of construction and demolition debris
if it were generated as part of a construction
or demolition project, including debris from
the construction of manufactured homes and
scrap shingles, wallboard, siding concrete, and
similar materials from industrial or com-
mercial facilities and de minimis amounts of
other non -hazardous wastes that are gener-
ated at construction or demolition projects,
provided such amounts are consistent with
best management practices of the construc-
tion and demolition industries. Mixing of
construction and demolition debris with other
Supp. No. 30 CD62:3
§ 62-1
CAPE CANAVERAL CODE
types of solid waste will cause it to be classi-
fied as other than construction and demolition
debris.
Designated facility means a disposal process-
ing, recovery, recycling or transfer facility
designated by the city manager, or the city
manager's designee.
Duplex means and includes a detached two-
family dwelling designed or intended for occupancy
by two families.
E-waste means electronic waste that includes,
but is not limited to, computer towers; laptop
computers; keyboards, zip and external hard
drives; flat screen monitors, scanners, printers,
and battery backup units; speakers, cables and
related accessories; A/V equipment including
amps, receivers, DVD, VCR, televisions, cassette
and reel to reel tape players, turntables and
related electrical hardware; power tools (plug-in
and rechargeable); battery packs and chargers;
communication devices (hand held and ham
radios, pagers, cell phones, cordless and wired
phones); rechargeable appliances (dust -busters,
shavers, flashlights, small toys and fans); digital
cameras, recorders, GPS units and related
hardware; remote controls; electrical motors up
to three HP; microwave ovens; all circuit boards;
all Mercury -containing devices (i.e., fluorescent
tubes and compact fluorescent bulbs); HID bulbs;
thermostats, thermometers and switches.
Hazardous waste means waste defined as
hazardous waste pursuant to local, state, and
federal law.
Industrial means establishments generating
solid waste accumulation of metal, metal products,
minerals, chemicals, rock, cement, asphalt, tar,
oil, grease, glass, crockery, rubber, tires, bottles,
cans, lumber, sawdust, wastes from animal pack-
ing or slaughterhouses or materials usually cre-
ated by industrial enterprises.
Mechanical container means and includes
plastic or metal containers of at least two cubic
yards in size, dumped mechanically by a collec-
tion vehicle and able to be serviced by collector.
Multiple dwelling units means any building
containing three or more permanent living units,
not including motels and hotels.
Recoverable materials means metal, paper,
glass, plastic, textile, or rubber materials that
have known recycling potential, can be feasibly
recycled, and have been diverted and source
separated or have been removed from the solid
waste stream for sale, use, or reuse as raw
materials, whether or not the materials require
subsequent processing or separation from each
other, but does not include materials destined for
any use that constitutes disposal. Recovered
materials as described above are not solid waste.
Recycling container means a minimum 14-gal-
lon recycling bin or larger cart used by residential
customers and one or more 96-gallon recycling
carts for commercial and multiple dwelling unit
customers, or other types of recycling bins
approved by the city, to store recyclable materi-
als for collection and disposal service.
Recyclable material means newspapers (includ-
ing inserts), aluminum cans, plastic containers
(HDPE and PET), brown, clear and green glass
bottles and jars, and other solid waste materials
added upon written agreement between the city
and the collector, when such materials have been
either diverted from the remaining solid waste
stream or removed prior to their entry into the
remaining solid waste stream.
Refuse container means a heavy plastic
receptacle, with a rated capacity of not more
than 96 gallons, having hinged tight -fitting lid
and wheels, which is designed or intended to be
used for automated or semi -automated collec-
tion. Carts will be provided by and distributed
by the collector. Collector shall retain ownership
of the carts.
Residential means single family detached
homes, duplexes, multiple dwelling units, and
mobile home/RV parks.
Residential service means collection and
disposal services provided to persons occupying
residential dwelling units, mobile homes, RV
parks and multiple dwelling units not receiving
commercial service under this Agreement.
Residential service is further defined as services
Supp. No. 30 CD62:4
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SOLID WASTE § 62-5
identified within appendix B, Schedule of Fees,
to this Code, with a Service Code of: SFR1,
MHR2, and RCCM.
Roll -off container means a dumpster, which is
used for the collection and disposal of construc-
tion and demolition debris or solid waste. The
roll -off container may be of the open or enclosed
variety and is typically hoisted onto a specially
equipped truck for transporting the construction/
demolition debris or solid waste to a designated
facility.
Solid waste means bulk trash, refuse, vegeta-
tive waste, and recyclable materials or any
combination thereof.
Special waste means solid waste that requires
special handling and management by the collec-
tor, and which is not accepted at the designated
facility or other disposal facility or which is
accepted at the designated facility or other disposal
facility at higher rates than are charged for
refuse, including, but not limited to, asbestos,
whole tires which do not constitute household
trash, used oil, lead -acid batteries, and biohaz-
ardous wastes.
Vegetative waste means any vegetative matter
resulting from routine and normal yard and
landscaping maintenance generated on site and
shall include materials such as tree and shrub
materials, grass clippings, palm fronds, Christmas
trees, tree branches and similar vegetative matter
usually produced in the care of lawns, landscap-
ing and yards.
(Code 1981, § 673.01; Ord. No. 8-93, § 1(673.01),
4-20-93; Ord. No. 23-2003, § 2, 9-2-03; Ord. No.
22-2004, § 2, 11-16-04; Ord. No. 04-2015, § 2,
3-17-15; Ord. No. 31-2021, § 2, 6-15-21)
Cross reference -Definitions and rules of construction
generally, § 1-2.
Sec. 62-2. Reserved.
Editor's note -Ord. No. 31-2021, § 2, adopted June 15,
2021, repealed § 62-2, which pertained to procedures for
violations and derived from Code 1981, § 673.10; Ord. No.
8-93, § 1(673.10), adopted April 20, 1993; Ord. No. 09-2012,
§ 3, adopted June 19, 2012; Ord. No. 04-2015, § 2, adopted
March 17, 2015.
Sec. 62-3. Authority of city to collect.
Unless preempted by law, nothing contained
in this chapter shall be construed to prevent the
city from creating or acting as its own solid
waste, construction and demolition debris or
other waste collection or disposal service or
facility, either independently, exclusively or in
conjunction with others.
(Code 1981, § 673.12; Ord. No. 8-93, § 1(673.13),
4-20-93; Ord. No. 31-2021, § 2, 6-15-21)
Sec. 62-4. Ownership by city.
Ownership of solid waste set out for collection
shall be vested in the city. It shall be unlawful
for any person other than the authorized collec-
tor to disturb, scatter, spread out, or remove any
solid waste set out for collection. Law enforce-
ment agencies and their personnel when within
the scope of their employment are exempt from
the provisions of this section.
Nothing in this section shall be construed as
prohibiting commercial establishments that gener-
ate recoverable materials from selling or otherwise
conveying their recoverable material to any
properly certified recovered materials dealer which
satisfies the conditions provided in F.S. § 403.7046.
(Code 1981, § 673.095; Ord. No. 8-93, § 1(673.09),
4-20-93; Ord. No. 23-2003, § 2, 9-2-03)
Sec. 62-5. Schedule of fees.
(a) Owners of any residential unit or com-
mercial building within the city receiving collec-
tion and disposal services regulated by this
chapter shall be required to pay applicable fees
as established by the city council pursuant to
this chapter. The schedule of fees is contained in
appendix B to this Code and is subject to revision
from time to time as may be necessary.
(b) Failure of users to pay fees within 30 days
of the billing date shall be a violation of this
chapter. In addition, the city shall have the right
to seek enforcement and collection of the overdue
fee through civil proceedings in a court of
competent jurisdiction, including a reasonable
attorney's fee and costs, if such civil action is
necessary.
Supp. No. 30 CD62:5
§ 62-5
CAPE CANAVERAL CODE
(c) All fees becoming due and payable on or
after the effective date of the ordinance from
which this chapter is derived shall constitute
and are imposed as a special assessment lien
against the real property served by the city solid
waste collection service, and until fully paid and
discharged shall remain liens equal in dignity
with the city's ad valorem taxes, and superior in
rank and dignity to all liens, encumbrances,
titles and claims in, to or against the real
property involved. Such fees shall become
delinquent if not fully paid within 30 days after
the due date. All delinquent service charges
shall bear a late charge of ten percent of such
fees due. Unpaid delinquent service charges,
together with all late charges and fees imposed
thereon, shall remain and constitute special
assessment liens against the real property
involved.
(d) Each condominium association within the
city will be responsible for the monthly
condominium solid waste fee provided for in this
chapter.
(Code 1981, § 673.11; Ord. No. 8-93, § 1(673.11),
4-20-93; Ord. No. 04-2015, § 2, 3-17-15; Ord. No.
31-2021, § 2, 6-15-21)
Sec. 62-6. Complaint procedure.
The collector of solid waste, construction and
demolition debris or such other waste covered by
this chapter is obligated to promptly respond to
all complaints concerning the quality or absence
of collection service. All complaints with regard
to collection service directed by this chapter
shall be made to the city, and subsequently
directed to the collector by the city manager or
the city manager's designee.
(Code 1981, § 673.09; Ord. No. 8-93, § 1(673.07),
4-20-93; Ord. No. 04-2015, § 2, 3-17-15; Ord. No.
31-2021, § 2, 6-15-21)
Sec. 62-7. Transporting.
(a) All solid waste, construction and demoli-
tion debris or such other waste accumulated on
real property within the city shall be collected,
conveyed and disposed of by the city or its
designated agents, licensees, or franchisees pursu-
ant to the terms and conditions adopted by the
city for the collection, conveyance and disposal of
solid waste, construction and demolition debris
or such other waste in accordance with law.
(b) It shall be unlawful for any person or
entity to provide solid waste, construction and
demolition or such other waste collection and
disposal services to real property located within
the jurisdictional limits of the city without having
first obtained a franchise or license from the city
unless preempted by law. The city shall have the
right to impose a franchise or license fee for the
use of city rights -of -way, roads, streets, and other
public ways.
(c) It shall be unlawful for any person or
entity to provide solid waste, construction and
demolition debris or such other waste collection
and disposal services to real property within the
jurisdictional limits of the city in violation of this
chapter or any applicable solid waste franchise
or license granted by the city.
(d) This section shall be liberally construed to
protect the public health, safety and general
welfare of the inhabitants of the city.
(Code 1981, § 673.08; Ord. No. 8-93, § 1(673.06),
4-20-93; Ord. No. 31-2021, § 2, 6-15-21)
Sec. 62-8. Containers required.
(a) All owners, residents and all occupants of
any residential unit and the owner, user, manager
or occupants of any multiple -dwelling unit, or of
any place or business or commercial establish-
ment with[in] the city are required to provide at
least one container to hold four days' accumula-
tion of solid waste. Sunken containers are specifi-
cally prohibited.
(b) A mechanical container or containers may
be used as provided in this chapter. Such container
shall be provided by the collector and the city
manager shall first determine whether or not a
mechanical container shall be provided to any
owner, user, manager or occupant so requesting
a mechanical container. Multiple -dwelling units
containing less than ten units may be provided a
mechanical container at the discretion of the city
manager. All commercial establishments
(establishments other than professional offices
or other offices) shall be required to have mechani-
Supp. No. 30 CD62:6
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SOLID WASTE § 62-9
cal containers at the discretion of the city manager.
Properties receiving residential services shall
not be permitted to use mechanical containers.
(c) It shall be the duty of the owner, manager,
tenant or occupant of any multiple -dwelling unit
to furnish or see that each unit with cooking
facilities of said multiple dwelling is furnished or
supplied with an individual refuse container or
containers or mechanical container or containers
adequate and sufficient in size to comply with
the terms of this chapter. All such solid waste
containers shall be kept tightly covered at all
times except when it is necessary to lift the cover
for disposal or removal of solid waste or to
deposit solid waste therein. It shall be unlawful
for any person to deposit solid waste in such
amount in the individual refuse containers or
mechanical containers that will not permit the
cover thereof to be kept tightly in place.
(d) Construction and demolition debris shall
be collected and disposed of using roll -off contain-
ers or such other containers approved by the city.
Construction and demolition debris services shall
be provided by collectors who have been granted
a license or franchise by the city.
(Code 1981, § 673.02; Ord. No. 8-93, § 1(673.02),
4-20-93; Ord. No. 04-2015, § 2, 3-17-15; Ord. No.
31-2021, § 2, 6-15-21)
Sec. 62-9. Residential solid waste pickup
conditions.
(a) Separation of solid waste. Each individual
container shall contain solid waste, excluding
yard trash, recyclable or recoverable materials.
(b) Recyclable or recoverable material.
Recyclable or recoverable materials shall be
placed in recycling containers provided by the
collector, except in the case of a commercial
establishment which has contracted with a
properly certified recovered materials dealer, as
provided above in section 62-4 of the City Code.
Only recyclable or recoverable materials may be
contained in the recycling containers. Recycling
containers shall be provided for each property
receiving residential service and shall be placed
by each owner, resident or occupant at curbside
in front of such residential unit. Multiple dwell-
ing units shall be provided recycling containers
for use by all occupants of such unit which shall
be located at the discretion of the city manager.
No solid waste, other than recyclable or recover-
able materials, shall be placed in a recycling
container
(c) Vegetative waste. Collector shall be required
to provide collection and disposal services for all
vegetative waste generated from residential
customers provided same are placed in a refuse
container. Vegetative waste shall be segregated
from the garbage and household trash which
shall be placed in a separate cart. All leaves and
pine needles, ornamental shrubs, clippings and
tree trimmings with branches less than three
inches in diameter making up not more than one
cubic yard shall be placed in the cart. Tree limbs,
tree trunks, palm fronds, etc., shall be cut in
lengths of no greater than four feet in length;
shall be no larger than six inches in diameter
and shall not exceed 50 pounds per limb, trunk,
frond, or bundle thereof. A special pick-up will
be required when a "Cherry Picker, Claw or
Clam" type collection vehicle is required to col-
lect excess piles of vegetative waste in excess of
the maximum length and poundage set forth in
this paragraph. Unbundled piles of yard waste
will be subject to a minimum 1/2 Claw Truck fee
per pickup for less than ten yards or full Claw
Truck fee per pickup for more than ten yards.
Hired contractors and landscapers must haul
away any vegetation debris they produce. Custom-
ers will be responsible for associated fees set
forth in appendix B, Schedule of Fees, to this
Code.
(d) Solid waste. Solid waste other than yard
trash and recyclable or recoverable materials
shall be placed in individual containers. Each
individual refuse container shall not exceed 50
pounds of solid waste. Any item of solid waste
shall not exceed the measurement of four feet in
any direction. Containers for solid waste shall be
provided by the collector. Recyclable materials
and yard trash shall not be commingled with
other solid waste.
(e) Pickup. Each owner, resident and occupant
of property receiving residential service shall
place individual refuse containers and recycling
containers within five feet of curbside in front of
Supp. No. 30 CD62:7
§ 62-9
CAPE CANAVERAL CODE
such residential unit. Solid waste shall be removed
by the collector according to schedules that the
city from time to time shall publish.
(f) Location of solid waste containers. Solid
waste containers shall not be located in such
places or under such conditions as to cause
unnecessary or unreasonable offense to sightli-
ness, cleanliness, safety or other sanitary condi-
tions. Solid waste containers shall not be kept
upon neighboring property, whether such
neighboring property be vacant or improved,
without the written consent of the person having
the right to possession and use of the neighbor-
ing property. No solid waste container shall be
placed on any city right-of-way, except for immedi-
ate pickup, unless authorized in writing by the
city manager in advance. Mechanical containers
shall not be placed in such manner as to hinder
the closing of container lids.
(g) Bulk trash. Collector will provide collec-
tion and disposal services for all bulk trash
generated from residential customers regardless
of whether it is containerized.
(h) E-waste. Collector will collect and dispose
of electronic waste placed curbside.
(Ord. No. 8-93, § 1(673.03), 4-20-93; Ord. No.
23-2003, § 2, 9-2-03; Ord. No. 33-2003, § 2,
10-7-03; Ord. No. 22-2004, § 2, 11-16-04; Ord.
No. 04-2015, § 2, 3-17-15)
Sec. 62-10. Proper disposal prerequisite to
collection.
No removal or collection of solid waste shall be
required by the collector from any premises
within the city, unless the solid waste is deposited
in proper containers.
(Ord. No. 8-93, § 1(673.04), 4-20-93; Ord. No.
33-2003, § 2, 10-7-03)
Sec. 62-11. Unlawful acts.
(a) Obstruction. It shall be unlawful for any
person to park a motor vehicle in such a way that
the collector cannot service mechanical or roll -off
containers or otherwise to block access to such
containers.
(b) Container of another. It shall be unlawful
for a person to place solid waste, construction
and demolition debris or any other waste in a
container assigned to another address, without
written permission of the owner.
(c) Burning or burying of solid waste. It shall
be unlawful for any person to bury solid waste,
construction and demolition debris or any other
waste within the city. No such waste shall be
burned within the corporate limits of the city.
(d) Unlawful accumulation. It shall be unlaw-
ful for the owner, resident, occupant or manager
or person responsible for any land or premises to
permit, suffer or allow, either by commission or
omission, any accumulation of solid waste upon
premises or property within the city for a period
longer than four days without having arranged
for disposal of the accumulation by the collector
to perform such services and it shall be unlawful
and a violation of this chapter for any person,
whether owner, resident, manager or occupant of
any premises to fail to provide a sufficient
number of solid waste containers per unit as
provided in this chapter to amply provide for any
four -day period of solid waste accumulation.
Nothing contained in this section shall prevent
the owner or occupant, resident, manager or
person responsible for the premises to remove
accumulations of solid waste on their own behalf,
to a proper place of disposal.
(e) Unlawful disposal. It shall be unlawful to
dump, deposit or dispose of solid waste, construc-
tion and demolition debris or any other waste
upon the premises of another, or upon any street,
alley, parkway or other public property, or any
canal, ditch, water, waterway, river, ocean, beach,
pool, pond or the like within the city or in the
container of another, except that tenants of
multiple dwellings or businesses, where
authorized, may deposit such accumulations in
containers which the owner or manager of the
multiple dwelling or business building has
authorized for the use of the tenants thereof.
(f) Hazardous waste. It shall be unlawful for
any person to dump, deposit or dispose of any
hazardous waste in or around public/private
refuse or mechanical containers from which the
collector removes solid wastes for the city.
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SOLID WASTE § 62-12
(g) Construction and demolition debris. The
contractor and owner of any active or inactive
construction project shall be responsible for the
clean-up and removal of all construction and
demolition debris or any other miscellaneous
discarded articles during the entire duration of
the construction project and prior to receiving
final inspection approval. Construction and
demolition debris must be collected and stored in
roll -off or other city approved containers and
such containers must be regularly serviced by
the collector when the container is full in order
to avoid overflow of construction and demolition
debris.
(Ord. No. 8-93, § 1(673.05), 4-20-93; Ord. No.
23-2003, § 2, 9-2-03; Ord. No. 33-2003, § 2,
10-7-03; Ord. No. 04-2015, § 2, 3-17-15; Ord. No.
31-2021, § 2, 6-15-21)
Sec. 62-12. Regulations on file.
(a) The fees and charges for recycling services
are set forth in appendix B to this Code.
(Ord. No. 22-2004, § 2, 11-16-04; Ord. No.
04-2015, § 2, 3-17-15)
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UTILITIES § 78-31
ARTICLE I. IN GENERAL
Secs. 78-1-78-25. Reserved.
ARTICLE II. SANITARY SEWER SYSTEM*
DIVISION 1. GENERALLY
Sec. 78-26. Penalty.
Any person violating this article shall be
punished as provided in this article and under
other applicable law. Any failure or refusal by an
owner to connect to the city sewer system after
notification to do so or any failure or refusal to
pay the charges or rates shall be construed to be
a violation of this article. Each day such viola-
tion continues shall be considered a separate
offense and subject to the penalties prescribed in
this section.
(Code 1981, § 671.19; Ord. No. 09-2021, § 2,
2-16-21)
Sec. 78-27. Connection with sewer —
Required.
The owner of each lot or parcel of land within
the city upon which lot or parcel of land any
building or trailer used as a dwelling is situated
for either residential, commercial or industrial
use shall connect or cause such building or
trailer to be connected with the public sewer
facilities of the municipal sewer system of the
city and use such facilities within 365 days
following notification to do so by the city. All
such connections shall be made in accordance
with rules and regulations which shall be adopted
from time to time by the city council, which rules
and regulations shall provide for an inspection
fee for inspecting such connections in an amount
as set forth in appendix B to this Code.
(Code 1981, § 671.01; Ord. No. 07-2004, § 2,
4-20-04)
*Cross references —Code enforcement, § 2-246 et seq.;
buildings and building regulations, ch. 82; plumbing code,
§ 82-146 et seq.; sewerage disposal requirements, § 110-479.
Sec. 78-28. Same —Late connection charge.
If the owner of a lot or parcel of land does
connect a building used for either residential,
commercial or industrial purpose or a trailer
used as a dwelling to the municipal sewer system
within the 60-day period of time as provided in
section 78-27, the city shall make no hookup or
connection charge. However, if such connection
is not made within the 60-day period, a charge in
the amount set forth in appendix B to this Code
shall be assessed against such owner by the city
as a penalty for failure to comply with this
section within the 60-day period of time. Where
sewer lines are installed by subdivision, such
hookup penalty shall not apply. In addition and
as an alternative means of collecting such late
connection penalty, the city shall have a lien on
such lot or parcel of land for which such lien
shall be equal in dignity with the lien of state
and county and municipal taxes. Such lien may
be foreclosed by the city in the same manner
provided by state law for the foreclosure of
mortgages upon real estate.
(Code 1981, § 671.02)
Sec. 78-29. Unlawful connection.
No person shall be allowed to connect into any
sewer line owned by the city without a permit
issued by the city, and then the connection with
such line shall be made only under the direction
and supervision of the city.
(Code 1981, § 671.04)
Sec. 78-30. Unlawful construction.
No person shall build or cause to be built any
structure used for human habitation or occupancy
within the city, unless the structure is connected
to the sewer system of the city.
(Code 1981, § 671.05)
Sec. 78-31. Connecting old plumbing.
Whenever it is desirable to connect old exterior
plumbing with the city sewer main, the owner or
plumber contemplating doing such work shall
notify the public works director, who will inspect
the old exterior plumbing and notify the owner
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CAPE CANAVERAL CODE
or plumber if alterations will be necessary to
place the old exterior plumbing in an acceptable
condition for such connection.
(Code 1981, § 671.06; Ord. No. 07-2004, § 2,
4-20-04)
Sec. 78-32. Sanitary requirements.
Every residence and building in which human
beings reside, are employed or are congregated
shall have a sanitary method of disposing of
human excrement, namely a sanitary water closet
that is connected to the sewer system of the city
or a city -approved septic tank in place and
functioning as of April 3, 1990, as provided in
section 78-27.
(Code 1981, § 671.07)
Sec. 78-33. Disposal.
It shall be unlawful for any person owning or
leasing any premises in the city to permit the
disposal of any human excrement on any property
leased or rented by any such person or the agent
of any such person, except in a sanitary water
closet where sewage lines are available as provided
in section 78-32.
(Code 1981, § 671.08)
Sec. 78-34. Septic tanks.
Except as provided in this section, no new
septic tanks shall be permitted to be installed in
the city after April 3, 1990. If a sewer main line
of the city is not located within 150 feet of a
parcel of property, the owner of the property may
install a septic tank to service structures to be
built upon the property until a sewer main line is
installed within 150 feet of the property. Requests
to install septic tanks shall be decided on a
case -by -case basis. Installation of septic tanks
shall be approved by the city only to relieve a
hardship and shall not constitute a change of the
city's comprehensive plan. Whenever a sewer
main line is installed within 150 feet of a
property serviced by septic tank, the owner of
such property shall be required to discontinue
use of the septic tanks and shall connect to the
city sewer system within 365 days following
notification to do so by the city. The city shall
notify the owner of the property of the avail-
ability of the city sewer system. No less than one
year prior to the date the city sewer system will
become available, the city shall notify the affected
owner of the anticipated availability of the city
sewer system and shall also notify the owner
that the owner will be required to connect to the
city sewer system within one year of the actual
availability.
(Code 1981, § 671.09; Ord. No. 30-93, § 1(671.09),
9-21-93; Ord. No. 07-2004, § 2, 4-20-04)
Sec. 78-35. Maintenance of plumbing
system.
The owner of the property shall be responsible
for maintaining and keeping clean the sewer
pipes leading and connecting from the plumbing
system to the city main. However, maintenance
of structural integrity of laterals shall be the
city's responsibility up to the property line.
(Code 1981, § 671.10; Ord. No. 07-2004, § 2,
4-20-04)
Sec. 78-36. Failure to maintain plumbing
system.
Failure to keep the sewer pipe, i.e., the pipe
leading from the plumbing system to the city
main, clean and maintained in a proper manner
will give the city the right to cut off or cause to be
cut off the water connection, which shall not be
reconnected until the sewer pipe is cleaned and
maintained properly. If the owner has his own
private water supply, the city shall have the
right to plug the sewer line leading to and
connecting with the plumbing system, and the
owner shall have no right to unplug the sewer
line until the sewer pipe leading from the plumb-
ing system to the city main has been maintained
and cleaned and in proper condition. Unplug-
ging the sewer line or reconnecting the water
supply from the water main, until such sewer
pipes are cleaned and maintained properly, shall
be considered a violation of this section.
(Code 1981, § 671.13)
Sec. 78-37. Free service.
No sewage disposal service shall be furnished
or rendered free of charge to any person, and the
Supp. No. 30 CD78:4
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UTILITIES § 78-51
city and each and every agency, department or
instrumentality which uses such service shall
pay therefor at the rates fixed by this article.
(Code 1981, § 671.14)
Sec. 78-38. Separate connection for each
separate building.
Each residential building, whether it occupies
one or more lots and whether it shall occupy any
lot or parcel jointly with any other residential
building, shall be considered a separate unit for
the payment of the sewage disposal fees and
separate connections will be required for each
such building.
(Code 1981, § 671.15)
Sec. 78-39. Reserved.
Editor's note —Ord. No. 07-2004, § 2, adopted April 20,
2004, repealed § 78-39, which pertained to crossing property
of another to make connection and derived from Code 1981,
§ 671.16.
Secs. 78-40-78-50. Reserved.
DIVISION 2. INDUSTRIAL AND
COMMERCIAL USE
Subdivision I. In General
Sec. 78-51. Definitions.
The following words, terms and phrases, when
used in this division, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Act means the federal Water Pollution Control
Act, also known as the Clean Water Act, as
amended, 33 USC 1251 et seq.
Authorized representative of industrial user
means a person who may be:
(1) A principal executive officer of at least
the level of vice president, if the industrial
user is a corporation.
(2) A general partner or proprietor, if the
industrial user is a partnership or
proprietorship, respectively.
(3) A duly authorized representative of the
person designated in subsection (1) or (2)
of this definition if such representative is
responsible for the overall operation of
the facilities from which the indirect
discharge originates.
BOD or biochemical oxygen demand means
the quantity of oxygen used in the biochemical
oxidation of organic matter in a specified time
(five days) at a specified temperature (20 degrees
Celsius) and under specified conditions (standard
laboratory) expressed in terms of weight and
concentration (milligrams per liter).
Categorical industrial user means a person
discharging pollutants which are regulated by
pretreatment standards established by the EPA
which address various processes and activities
being performed within the establishment; may
or may not have been assigned an SIC number.
Chemical oxygen demand (COD) means a
measure of the oxygen equivalent of that portion
of the organic matter in a sample that is
susceptible to oxidation by a strong chemical
oxidant.
City means all that land and area included
within the boundary of Cape Canaveral, Florida,
in which the city council proposes to acquire,
establish, construct, extend, operate and maintain
sanitary sewage facilities, except as follows:
(1) All county, state and federally owned
land and water area located in the
incorporated area of the city, except where
the county, state and federal govern-
ments consent to this division.
(2) All land and water area duly franchised
by the city council to privately owned
sewer utility companies or to municipal
corporations for the provision of sewer
service in the unincorporated area of the
city, except where the privately owned
sewer utility companies consent to this
division.
Collection system means the system of public
sewers to be operated by the city or public sewers
connected to the city system collecting wastewater
from point sources.
Supp. No. 30 CD78:5
§ 78-51
CAPE CANAVERAL CODE
Compatible pollutant means BOD, suspended
solids, pH and fecal coliform bacteria and such
additional pollutants as specified and controlled
in the city's NPDES permit for its wastewater
treatment works, where such works have been
designed and used to reduce or remove such
pollutants.
Cooling water means the water discharged
from any use, such as air conditioning, cooling or
refrigeration, during which the only pollutant
added to the water is heat.
Designee means the person authorized in writ-
ing by the city manager to carry out this divi-
sion.
Domestic wastewater means wastewater derived
principally from dwellings, commercial build-
ings, institutions and industry resulting from
household or toilet wastes resulting from human
occupancy.
Establishment means a public or private institu-
tion in which certain functions are performed.
Garbage means solid waste from domestic and
commercial preparation, cooking and dispensing
of food and from handling, storage and sale of
produce.
Industrial and commercial waste pretreat-
ment agreement means a contractual agreement
in fulfillment of U.S. Environmental Protection
Agency pretreatment program requirements
wherein the industrial or commercial user agrees
to comply with specific conditions set forth in the
agreement and in return the city agrees to
provide wastewater treatment service pursuant
to this division.
Industrial or commercial waste means the
liquid wastes from industrial, commercial or
institutional processes, as distinct from domestic
or sanitary sewage.
Industrially classified user means a
nonresidential, nongovernmental user whose
liquid wastes are, in part, made up of flows
related to industrial processes, rather than being
composed of flows resulting from human
occupancy, and whose industrial process flows
contain toxic pollutants which interfere, have
the potential to interfere, are incompatible or
would reduce the utility of the sludge or treated
effluent or which have any other adverse effect
on the treatment works.
mg/l (milligrams per liter) means the strength
or concentration of a constituent in a solution;
also expressed as parts per million.
National categorical pretreatment standard or
pretreatment standard means any regulation
containing pollutant discharge limits promulgated
by the Environmental Protection Agency in
accordance with section 307(b) and (c) of the act
(33 USC 1347) which applies to a specific category
of industrial users.
National pollution discharge elimination system
or NPDES permit means a permit issued pursu-
ant to section 402 of the act (33 USC 1342).
Natural outlet means any outlet into a
watercourse, pond, ditch, lake or other body of
surface water or groundwater.
Noncompliant user means any person who
discharges wastewater which is in violation of
any pretreatment requirements (limits, sampling,
analysis, reporting) as defined in 40 CFR 123.45.
Pass -through means a state of noncompliance
with an NPDES permit in which toxic or harmful
pollutants pass through the treatment plant into
the environment in such concentrations as to
have an adverse effect.
pH means the logarithm of the reciprocal of
the hydrogen ion activity, expressed in units.
Pretreatment or treatment means the reduc-
tion of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of
pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or
otherwise introducing such pollutants into a
POTW. The reduction or alteration can be obtained
by physical, chemical or biological processes,
except as prohibited by 40 CFR 403.6(d).
Pretreatment requirements means any substan-
tive or procedural requirement related to the
pretreatment, other than a national pretreat-
ment standard imposed on a significant industrial
user.
Supp. No. 30 CD78:6
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UTILITIES § 78-51
Properly shredded garbage means the wastes
from the preparation, cooking and dispensing of
foods that have been shredded to such a degree
that all particles will be carried freely under the
flow conditions normally prevailing in public
sewers with no particle greater than one-half
inch (1.27 centimeters) in any direction.
Public sewer means a sanitary sewer to which
all owners of abutting properties have equal
rights and which is controlled by public author-
ity.
Publicly owned treatment works (POTW) means
a treatment works as defined by section 212 of
the act (33 USC 1292) which is owned by the city.
This definition includes any sewers that convey
wastewater to the POTW treatment plant.
Sanitary sewage means the household and
toilet wastes resulting from human occupancy.
Sanitary sewer means a pipe or conduit which
carries sewage and to which stormwaters, surface
waters and groundwaters are not intentionally
admitted.
Sewage means a combination of water -carried
wastes from residences, business buildings,
institutions and industrial establishments,
together with such groundwaters, surface waters
and stormwaters as may be present.
Sewage works means all facilities for collec-
tion, pumping, treatment and disposing of
wastewater.
Significant industrial user includes the follow-
ing:
(1) All categorical industrial users.
(2) Any noncategorical industrial or com-
mercial user who:
a. Discharges 25,000 gallons or more
per average workday.
b. Contributes a waste stream which
makes up five percent or more of
the average hydraulic or organic
(BOD, TSS, etc.) capacity of the
treatment plant.
c. Has toxic pollutants in the
wastewater as defined pursuant to
section 307 of the act or state statutes
and rules.
d. Is found by the city, the state depart-
ment of environmental protection
(FDEP) or the U.S. Environmental
Protection Agency (U.S. EPA) to
have significant impact on the
wastewater treatment system, the
quality of sludge, the system's efflu-
ent quality, endangerment of POTW
workers or air emissions generated
by the system.
Significant noncompliance means any viola-
tion of pretreatment requirements (limits,
sampling, analysis, reporting and meeting compli-
ance schedules) as defined in 40 CFR 123.45.
Slug means any discharge of water or
wastewater which in concentration of any given
constituent or in quantity of flow exceeds for any
period or duration longer than 15 minutes more
than five times the average 24-hour concentra-
tion of flows during normal operation and shall
adversely affect the collection system and
performance of the wastewater treatment works.
Special magistrate means a special magistrate
appointed pursuant to section 2-261 of the City
Code.
Standard industrial classification (SIC) means
a classification pursuant to the Standard
Industrial Classification Manual issued by the
Executive Office of the President, Office of
Management and Budget, 1972.
Storm sewer means a sewer which carries
stormwaters and surface waters as drainage, but
excludes sewage and polluted industrial waste.
Surcharge means a charge levied on the users
of the treatment works whose wastewater
discharge exceeds the parameters established
for wastewater strength.
Suspended solids means solids that either
float on the surface of or are in suspension in
water, wastewater or other liquids and which are
largely removable by laboratory filtration.
Supp. No. 30 CD78:7
§ 78-51
CAPE CANAVERAL CODE
Treatment works means the wastewater treat-
ment plant, interceptors, force mains, lift sta-
tions and collection systems.
Unpolluted water means water not containing
any pollutants limited or prohibited by the efflu-
ent standards in effect or water whose discharge
will not cause any violation of receiving water
quality standards.
User means any person who discharges, causes
or permits the discharge of wastewater into the
city's wastewater treatment system.
Wastewater treatment plant means any arrange-
ment of devices and structures used for treating
wastewater.
(Code 1981, § 670.07; Ord. No. 09-2021, § 2,
2-16-21)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 78-52. Purpose.
The purpose of this division is to protect the
city's sanitary sewer system, treatment works
and, ultimately, the environment from adverse
impacts created by toxic or high -strength wastes
from commercial and industrial establishments.
(Code 1981, § 670.01)
Sec. 78-53. Enforcement; authority;
minimum standards.
(a) This division will be enforced to the fullest
extent possible.
(b) This division is in accord with the Federal
Water Pollution Control Act amendments of 1972
and pretreatment standards as specified in 40
CFR 403.5(a) and (b) and pertinent rules and
regulations of the state department of
environmental protection, which must be complied
with by all applicable commercial and industrial
facilities. The standards set forth are minimum
requirements to ensure the general health and
welfare of the public and the surrounding environ-
ment.
(Code 1981, § 670.03)
Sec. 78-54. Applicability.
The use of city wastewater facilities by a
person shall subject that person to the applica-
tion of this division. This shall include but not be
limited to wholesale, retail, industrial, com-
mercial and large agreement users, whether
inside or outside the city limits.
(Code 1981, § 670.05)
Sec. 78-55. Use of public sewers required.
(a) It shall be unlawful for any person to
place, deposit or permit to be deposited in any
unsanitary manner, on public or private property
within the city or in any area under the jurisdic-
tion of the city, any human or animal excrement,
garbage or other objectionable waste.
(b) It shall be unlawful to discharge to any
natural outlet within the city or in any area
under the jurisdiction of the city any sewage or
other polluted waters, except where suitable
treatment has been provided in accordance with
this division.
(c) Except as provided in this division, it shall
be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool or other facility
intended or used for the disposal of sewage.
(d) The owner of every house, building or
property used for human occupancy, employ-
ment, recreation or other purposes situated within
the city and abutting on any street, alley or
right-of-way in which there is located a public
sanitary sewer of the city is required at his
expense to install suitable toilet facilities therein
and to connect such facilities directly with the
proper public sewer in accordance with this
division within 60 days after date of official
notice to do so, provided that the public sewer is
within 150 feet of the property line.
(Code 1981, § 670.09)
Sec. 78-56. Power and authority of inspec-
tors.
(a) As a condition of sewer connection, the
user shall permit the designated officers of the
city bearing proper credentials and identifica-
tion to enter all properties for the purposes of
inspection, observation, measurement, sampling
and testing in accordance with this division. The
city official or his representative shall have no
authority to inquire into any processes, includ-
Supp. No. 30 CD78:8
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UTILITIES § 78-59
ing metallurgical, chemical, oil, refining, ceramic,
paper or other industries, beyond that point
having a direct bearing on the kind and source of
discharge to the sewers or waterways or facilities
for waste treatment.
(b) While performing the necessary work on
private properties referred to in subsection (a) of
this section, duly authorized employees of the
city shall observe all safety rules applicable to
the premises established by the company, and
the company shall be held harmless for injury or
death to the city employees and the city shall
indemnify the company against loss or damage
to its property by city employees and against
liability claims and demand for personal injury
or property damage asserted against the company
and growing out of the gauging and sampling
operation, except as such may be caused by
negligence or failure of the company to maintain
safe conditions.
(c) The duly authorized employees of the city
bearing proper credentials and identification
shall be permitted to enter all private properties
through which the city holds a duly negotiated
easement for the purposes of but not limited to
inspection, observation, measurement, sampling,
repair and maintenance of any portion of the
sewage works lying within the easement. All
entry and subsequent work, if any, on the ease-
ment shall be done in full accordance with the
terms of the duly negotiated easement pertain-
ing to the private property involved.
(Code 1981, § 670.25)
Sec. 78-57. Right of refusal.
The city reserves the right to terminate any
agreement and to refuse waste from any lot or
parcel of land upon which there is located any
building or activity which does not comply with
this division, supply proper metering of waste, or
which is not within its designated service area.
The city reserves the right to immediately halt
any discharge that is an imminent danger to the
system or users of the system and to seek
injunctive relief.
(Code 1981, § 670.27)
Sec. 78-58. Termination of service in
emergency.
(a) The city manager may suspend the right
of a user to use the sewer system for a period not
to exceed 30 days whenever, in the opinion of the
city manager, such suspension is necessary in
order to stop a user's actual or threatened
discharge which reasonably appears to present
or cause an imminent or substantial threat to
the health, safety or welfare of the citizens of the
city, users of the system and operation of the
system or which endangers the environment.
Notice of suspension of such service may be
made by all or any of the following methods:
(1) A meeting between the city manager or
his designee and the user;
(2) A telephone call from the city manager or
his designee to the user; or
(3) A notice served personally or by certified
mail, return receipt requested, to the
user.
(b) Any user notified of suspension of service
as provided in subsection (a) of this section shall
immediately stop or eliminate his contribution to
and use of the system. Should the user fail or
refuse to immediately comply with the suspen-
sion order, the city manager may take such steps
as he deems necessary to halt such contribution,
including but not limited to severing the user's
connection. The user will be allowed to recom-
mence use of the system when he has
demonstrated to the reasonable satisfaction of
the city manager that his contribution no longer
constitutes an imminent or substantial threat to
the health, safety or welfare of the citizens of the
city, users of the system and operation of the
system or no longer endangers the environment.
As a condition of being permitted to recommence
use of the system, the user shall submit to the
city manager a detailed statement describing the
harmful contribution and the measures taken to
prevent future occurrence.
(Code 1981, § 670.29)
Sec. 78-59. Administrative enforcement
procedures.
(a) Except for emergency situations as
described in section 78-58, whenever the city
manager determines that a user has violated or
Supp. No. 30 CD78:9
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CAPE CANAVERAL CODE
is violating this division, the city manager shall
serve a written notice of violation upon the user.
Notice shall be either served personally on the
user or by certified mail, return receipt requested,
and shall be deemed served when either person-
ally delivered to the user or deposited in the
United States mail. Within ten days of receipt of
the notice of violation, the user shall submit a
detailed statement describing the harmful
contribution and the measures taken to prevent
future occurrences, or if the violation is such that
it cannot be remedied within ten days because
improvements cannot be made by the user within
that time period, a written action plan to complete
the improvements within a time schedule deemed
reasonable and acceptable to the city manager.
This subsection does not relieve the user of
liability for any violation occurring before or
after receipt of the notice of violation.
(b) If the city manager is satisfied that the
user has brought use of the system into compli-
ance with this division, or the user has submit-
ted an acceptable written action plan to remedy
the violation within a reasonable time period
approved by the city manager, he may enter into
a consent order with the user, detailing the
specific action taken or to be taken to correct the
noncompliance and setting forth any charges for
damages to the system to be reimbursed to the
city. All administrative fines assessed against
the city because of the user's noncompliance
shall be part of the consent order and shall be
reimbursed to the city by the user. The consent
order shall have the same effect as administra-
tive orders and may be judicially enforced as
provided in section 78-61.
(c) If the violation continues beyond the time
period set forth in the notice of violation and no
consent order is entered into, the city manager
shall serve notice upon the user, requiring the
user to show cause before the special magistrate
why service should not be terminated. Notice of
the hearing shall be served on the user specify-
ing the time and place for the meeting, the
proposed enforcement action, reasons for the
actions and a request that the user show cause
why this proposed enforcement action should not
be taken. Notice of the hearing shall be served
personally upon the user or by certified mail,
return receipt requested, and shall be deemed
served when either personally delivered to the
user or deposited in the United States mail. The
notice of the hearing shall be at least ten days
prior to the hearing.
(d) At the show cause hearing as provided for
in subsection (c) of this section, all testimony
shall be under oath and shall be recorded.
Testimony shall be taken from the city manager
or his designee and the user. Formal rules of
evidence shall not apply, but fundamental due
process shall be observed and shall govern the
proceedings. The special magistrate may take
immediate enforcement action as provided in
this division, whether or not the user appears at
the show cause hearing.
(e) At the conclusion of the hearing, the special
magistrate shall issue findings of fact, based on
the evidence of record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted in this
division. The order may include a notice that it
must be complied with by a specified date and
that a fine may be imposed if the order is not
complied with by such date. A certified copy of
the order may be recorded in the public records
of the county and shall constitute notice to any
subsequent purchasers, successors in interest or
assigns of the user.
(f) The user may appeal an order of the
special magistrate to the circuit court of the
county. Such appeal will not be a hearing de
novo, but shall be limited to appellate review of
the record created before the special magistrate.
An appeal shall be filed within 30 days of the
special magistrate's order.
(Code 1981, § 670.31; Ord. No. 09-2021, § 2,
2-16-21)
Sec. 78-60. Administrative penalties.
(a) As provided in this division, upon notifica-
tion by the city manager or his designee that the
order of the special magistrate has not been
complied with by the time set or upon finding
that a repeat violation has been committed, the
special magistrate may order the violator to pay
a fine in an amount specified in this section for
each day the violation continues past the date
Supp. No. 30 CD78:10
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UTILITIES § 78-62
set by the special magistrate for compliance or,
in the case of a repeat violation, for each day the
repeat violation continues past the date of notice
to the violator of the repeat violation. If a finding
of violation or a repeat violation has been made,
a hearing shall not be necessary for issuance of
the order imposing the fine.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first
violation and shall not exceed $500.00 per day
for a repeat violation. In determining the amount
of the fine, if any, the special magistrate shall
consider the following:
(1) The gravity of the violation;
(2) Any action taken by the violator to cor-
rect the action; or
(3) Any previous violations committed by
the violator.
(c) In addition to the amounts of the fine set
forth in subsection (b) of this section, the fine
may also include the amount, if any, which local,
state or federal officials fine the city due to the
violation committed by the violator, plus the cost
of repairing the damage, if any, caused by the
violator to the system. The violator may be fined
these additional amounts whether or not he
comes into compliance with the special
magistrate's order within the time set therein.
(d) The special magistrate may reduce a fine
imposed pursuant to this section.
(e) A certified copy of the special magistrate's
order imposing a fine may be recorded in the
public records of the county, as provided for code
enforcement board orders in F.S. § 162.09(3),
and shall have the same legal effect as a code
enforcement board order.
(f) No lien, as provided under this section,
shall continue for a period longer than 20 years
after the certified copy of an order imposing a
fine has been recorded, unless within that time
an action to foreclose on the lien is commenced in
a court of competent jurisdiction. In an action to
foreclose on a lien, the prevailing party is entitled
to recover all costs, including a reasonable
attorney's fee, that the party incurs in the
foreclosure. The continuation of the lien effected
by the commencement of the action shall not be
good against creditors or subsequent purchasers
for valuable consideration without notice, unless
a notice of lis pendens is recorded.
(Code 1981, § 670.33; Ord. No. 09-2021, § 2,
2-16-21)
Sec. 78-61. Judicial remedies.
(a) In addition to the administrative and the
other remedies as provided in this division,
whenever a user has violated or continues to
violate this division, the city manager or city
council may direct the city attorney to petition
the county circuit court for the issuance of a
temporary or permanent injunction restraining
or compelling the performance of a particular
act, including but not limited to compliance
orders. The circuit court shall grant an injunc-
tion without requiring a showing of a lack of
adequate remedy at law. If any litigation occurs
under this division, the city shall be entitled to
an award of reasonable attorney's fees and court
costs.
(b) In addition to the administrative penal-
ties as provided in this division, each violation of
this division shall, upon conviction, be punished
as provided in section 1-15.
(Code 1981, § 670.35)
Sec. 78-62. Publication of significant
violation.
The city shall annually publish, in a newspaper
of general circulation in the city, a list of the
industrial users which, during the previous 12
months, were in significant noncompliance with
applicable pretreatment standards and require-
ments. The term "significant noncompliance"
means:
Supp. No. 30 CD78:11
(1) Sixty-six percent or more of wastewater
measurements taken during a six-month
period exceed the discharge limits for the
same pollutant parameter by any amount;
(2) Thirty-three percent or more of
wastewater measurements taken during
a six-month period equal or exceed the
product of the daily maximum limits or
§ 78-62
CAPE CANAVERAL CODE
the average limits multiplied by the
applicable criteria established by federal
guidelines;
(3) Any other discharge violation the city
believes has caused, alone or in combina-
tion with other discharges, interference
or pass -through (including endangering
the health of city personnel or the general
public);
(4) Any discharge of pollutants that has
caused imminent endangerment to the
public or to the environment or has
resulted in the city's exercise of its
emergency authority to halt or prevent
such a discharge;
(5) Failure to meet, within 90 days of the
scheduled date, a compliance schedule
milestone contained in a permit or enforce-
ment order for starting construction,
completing construction or attaining final
compliance;
(6) Failure to provide, within 30 days after
the due date, any required reports, includ-
ing baseline monitoring reports, 90-day
compliance reports, periodic self -monitor-
ing reports and reports on compliance
with compliance schedules;
(7) Failure to report noncompliance; or
(8) Any other violation which the city has
reason to believe is significant.
(Code 1981, § 670.37)
Secs. 78-63-78-75. Reserved.
Subdivision IL Building Sewers and
Connections
Sec. 78-76. Separate sewer for each build-
ing.
A separate and independent building sewer
shall be provided for every building. However,
where one building stands at the rear of another
on an interior lot and no private sewer is avail-
able or can be constructed to the rear building
through an adjoining alley, court, yard or driveway,
the building sewer from the front building may
be extended to the rear building and the whole
considered as one building sewer.
(Code 1981, § 670.11(D))
Sec. 78-77. Permit for connections.
(a) Required. No unauthorized person shall
uncover, make any connections with or opening
into, use, alter or disturb any public sewer or
appurtenance thereof without first obtaining a
written permit from the city.
(b) Application. The permit application shall
be supplemented by any plans, specifications or
other information considered pertinent in the
judgment of the city. A permit and inspection fee
shall be paid to the city at the time the applica-
tion is filed. The permit fee for those establish-
ments discharging industrial wastewater is
further explained in section 78-99.
(Code 1981, § 670.11(A), (B))
Sec. 78-78. Costs of installation;
indemnification.
All costs and expenses incidental to the instal-
lation of the building sewer shall be borne by the
owner. The owner shall indemnify the city against
any loss or damage that may directly or indirectly
be occasioned by the installation of the building
sewer.
(Code 1981, § 670.11(C))
Sec. 78-79. Notice for inspection and con-
nection.
The applicant for the building sewer permit
shall notify the city when the building sewer is
ready for inspection and connection to the public
sewer. The connection shall be made under the
supervision of either the public works director or
chief building official or his representative.
(Code 1981, § 670.11(J))
Sec. 78-80. Old building sewers.
Old building sewers may be used in connec-
tion with new buildings only when they are
found, on examination and test by the city, to
meet all requirements of this division.
(Code 1981, § 670.11(E))
Supp. No. 30 CD78:12
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UTILITIES § 78-95
Sec. 78-81. Specifications.
The size, slope, alignment, materials of
construction of a building sewer and the methods
to be used in excavating, placing the pipe, joint-
ing, testing and backfilling the trench shall
conform to the requirements of the building and
plumbing codes or other applicable rules and
regulations of the city. In the absence of code
provisions or in amplification thereof; the materi-
als and procedures set forth in appropriate
specifications of the American Society for Test-
ing and Materials (ASTM) and Water Environ-
ment Federation (WEF) Manual of Practice No.
9 shall apply.
(Code 1981, § 670.11(F))
Sec. 78-82. Elevation.
Whenever possible, the building sewer shall
be brought to the building at an elevation below
the basement or bottom floor slab. In all build-
ings in which any building drain is too low to
permit gravity flow to the public sewer, sanitary
sewage carried by such building drain shall be
lifted by an approved means and discharged to
the building sewer.
(Code 1981, § 670.11(G))
Sec. 78-83. Excavations.
All excavations for building sewer installation
shall be adequately guarded with barricades and
lights to protect the public from hazard. Streets,
sidewalks, parkways and other public property
disturbed in the course of the work shall be
restored in a manner satisfactory to the city.
(Code 1981, § 670.11(K))
Sec. 78-84. Connecting sources of surface
runoff or groundwater.
No person shall make connection of roof
downspouts, exterior foundation drains, areaway
drains or other sources of surface runoff or
groundwater to a building sewer or building
drain which, in turn, is connected directly or
indirectly to a public sanitary sewer.
(Code 1981, § 670.11(H))
Sec. 78-85. Connection to public sewer.
The connection of the building sewer to the
public sewer shall conform to the requirements
of the building and plumbing codes or other
applicable rules and regulations of the city or the
procedures set forth in appropriate specifica-
tions of the American Society for Testing and
Materials and the Water Environment Federa-
tion Manual of Practice No. 9. All such connec-
tions shall be made gastight and watertight. Any
deviation from the prescribed procedures and
materials must be approved by the city before
installation.
(Code 1981, § 670.11(I))
Secs. 78-86-78-95. Reserved.
Supp. No. 30 CD78:12.1
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Chapter 94
SIGNS*
Article I. In General
Sec. 94-1. Definitions.
Sec. 94-2. Purpose and scope.
Sec. 94-3. Administrator.
Sec. 94-4. Exemptions.
Sec. 94-5. Penalty for violation.
Sec. 94-6. Prohibited signs and features.
Sec. 94-7. Conformance.
Sec. 94-8. Identification.
Sec. 94-9. Wind pressure and dead load.
Sec. 94-10. Maintenance, notice to repair.
Secs. 94-11-94-30. Reserved.
Article II. Permits and Inspections
Sec. 94-31. Permit required.
Sec. 94-32. Application for permit; review time limits.
Sec. 94-33. Issuance of permit.
Sec. 94-34. Revocation of permit.
Sec. 94-35. Fees.
Sec. 94-36. Inspection by administrator.
Sec. 94-37. Notice for inspections.
Secs. 94-38-94-60. Reserved.
Article 111. Size, Location and Construction
Division 1. Generally
Sec. 94-61. Restrictions on placement.
Sec. 94-62. Abandoned and hazardous signs.
Sec. 94-63. Lighting.
Sec. 94-64. Criteria and standards for measurement and placement.
Sec. 94-65. Aesthetic requirements of signs.
Secs. 94-66-94-75. Reserved.
Division 2. Types of Signs
Sec. 94-76. Temporary on -premises signs.
Sec. 94-77. Emergency response system.
Sec. 94-78. Electronic signs.
Sec. 94-79. Projecting signs.
Sec. 94-80. Off -premises signs.
Sec. 94-81. Temporary off -premises signs.
Sec. 94-82. Awnings and canopies.
Sec. 94-83. Home occupation signs.
Sec. 94-84. Ground signs.
Sec. 94-85. Variances.
Secs. 94-86-94-95. Reserved.
*Editor's note -Ord. No. 05-2009, §§ 2, 3, adopted Sept. 15, 2009, amended ch. 94 in its entirety and enacted similar
provisions as set out herein. The former ch. 94 derived from Ord. No. 8-00, § 1, adopted July 18, 2000.
Cross references -Code enforcement, § 2-246 et seq.; businesses, ch. 16; requirements for sign appearance and
maintenance, § 34-100; lighting regulations, § 34-206 et seq.; planning, ch. 58.
Supp. No. 30 CD94:1
CAPE CANAVERAL CODE
Division 3. District Regulations
Sec. 94-96. R-1 low density residential district.
Sec. 94-97. R-2 medium density residential district.
Sec. 94-98. R-3 medium density residential district.
Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufactur-
ing district and M-1 light industrial and research and develop-
ment district.
Sec. 94-100. Shopping center or multitenant center in any district; public/
recreation buildings.
Secs. 94-101-94-104. Reserved.
Sec. 94-105. Enforcement.
Secs. 94-106-94-109 Reserved.
Sec. 94-110. Implied consent.
Secs. 94-111-94-114. Reserved.
Sec. 94-115. Viewpoint neutral.
Secs. 94-116-94-119. Reserved.
Sec. 94-120. Severability.
Article IV Nonconforming Signs
Sec. 94-121. Nonconforming signs.
Sec. 94-122. Exceptions and appeals.
Supp. No. 30 CD942
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SIGNS § 94-1
ARTICLE I. IN GENERAL
Sec. 94-1. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Accent lighting means any method of external
illumination that is intended to draw attention
to an integral decorative or architectural feature
of the building and not connected or giving the
appearance of any connection to the overall
signage of the project. Accent lighting shall be
reviewed in accordance with article III of chapter
22 of this Code.
Air -inflated devices means attention -getting
devices that are inflated with lighter -than -air
gas or are supplied inflation from a blower or fan
that, when energized, keep the device erect.
Animated or flashing sign means any sign
which uses lights that flash or alternate or which
includes action, motion or illusion of motion,
designed electronically, usually to give messages
by means of slight progressive changes. This
definition shall also include signs with rotating
panels, generally referred to as tri-vision signs.
Awning means any structure, fixed or capable
of being raised or lowered, made of fire resistant
cloth, wood, metal or plastic with or without a
metal frame, which protrudes from a building
facade as a roof -like structure and is supported
entirely by the building without the use of
ground supports.
Bag sign means any temporary sign made of
cloth or other materials designed to fit over an
existing sign or structure because the copy area
is in the process of being changed or repaired due
to damage.
Balloon display is any balloon anchored on
private property for the purpose of advertise-
ment.
Banner sign means any sign having the
characters, letters, illustrations or ornamenta-
tion applied to cloth, paper or fabric including
animated, rotating and/or fluttering devices,
feather signs, flags and pennants (which do not
comply with the definition of flag or pennant
under this chapter) but excluding government
flags for the purposes of this chapter, designated
to attract attention.
Bulletin board means any permanent sign,
not to exceed six feet, attached to a building, and
generally located at a store entrance, for purposes
such as posting notices, menus, and other informa-
tion, with removable letters, words, numerals,
and copy material in a non -electronic manner.
Canopy means any structure other than an
awning, made of fire-resistant cloth, wood, metal
or plastic with or without metal or wood frames,
attached or detached and supported, in part, or
entirely, by the ground.
Code enforcement board means a board
established in section 2-256 et seq. to enforce
this Code.
Community appearance board means a board
established in section 22-36 et seq.
Construction board of adjustment means a
board established in section 82-32.
Copy area or sign area shall mean the entire
area enclosed by one continuous perimeter line,
enclosing the extreme limits of the sign, includ-
ing all ornamental attachments, insignias,
symbols, logos, trademarks, interconnecting links
and the like, and any stripe, frame or border.
Sign area does not include the main support
structure of the sign unless used for sign display
purposes. The calculation for a double-faced sign
shall be the area of one face only. The calculation
for wall signs, if permitted hereunder, comprises
individual letters, numbers, symbols and the
like, where the exterior wall of the building upon
which it is affixed acts as the background of the
sign, shall be calculated within the smallest
regular geometric figure needed to encompass
the sign display.
Dilapidated sign. shall mean a sign including
its structure that is damaged, deteriorated,
defaced, abandoned, in a state of disrepair, or
illegible.
Digital electronic sign. See Electronic messag-
ing sign.
Supp. No. 30 CD94:3
§ 94-1
CAPE CANAVERAL CODE
Discontinued sign shall mean any sign located
on real property which has been vacant and
unoccupied for a period of 90 days or more; or
any sign face which advertises a service no
longer conducted or product no longer sold upon
the premises where the sign is located. Such sign
(face and/or structure) shall be considered
nonconforming in accordance with article IV of
this chapter.
Edge of pavement shall mean the hard -
surfaced (e.g. asphalt, concrete, macadam, marl,
pavers, etc.) edge of an existing street in the
right-of-way excluding the curbing.
Electric discharge tubing (neon or fluorescent)
shall mean an illumination system using an
electrified inert gas (such as neon), placed inside
clear or colored transparent tubes, which can be
bent into various letters, designs and shapes.
Electronic messaging signs shall mean a sign
on which the copy changes automatically without
moving parts by computer or other electronic
means. These signs use intermittent light or
lights including incandescent lamps, light emit-
ting diodes, liquid crystal displays and plasma
displays.
Erect means to build, construct, raise, assemble,
create, paint, draw, attach, hang, place, suspend,
affix, or in any other way bring into being or
establish; but it does not include any of the
foregoing activities when performed as an incident
to the customary maintenance or repair of a
sign.
Exempt sign means signs exempted from
normal permit requirements.
Flag or pennant means the flying of individual
national, state, county, city or flags of political
national origin attached to a freestanding pole,
mounted on the ground or to flags attached to
the facade of a structure, limited to five in
number, provided such flags shall not be used in
such a way to attract attention of the public for
commercial purposes. Flags larger than three
feet by five feet shall be considered signs and
shall be calculated as part of the maximum
square footage and maximum number of signs.
Frontage means that portion of a lot or parcel
abutting a street right-of-way. For corner lots or
parcels abutting two or more street rights -of -
way, frontage shall be measured only along the
dedicated street right-of-way facing the primary
entrance of the principal building located on the
lot or parcel.
Ground sign means a sign supported by poles,
uprights or braces, visible or enclosed that are
placed in or upon the ground. Ground signs
include pole, pylon, and monument signs.
Hanging sign shall mean a sign attached to
and extending below a marquee, ceiling, or canopy.
Hazardous sign is any sign which constitutes
a vehicular and/or pedestrian hazard or a detri-
ment to traffic safety by reason of its size,
location, movement, content, coloring, or method
of illumination, or which obstructs the visibility
of any official traffic -control device or which
diverts or tends to divert the attention of drivers
of moving vehicles from traffic movement on
streets, roads, intersections, or access facilities.
No sign shall be erected in such a manner as to
obstruct the vision of pedestrians. The use of
flashing, running, or revolving lights in any sign
is prohibited. Any sign which by glare or method
of illumination constitutes a hazard to traffic is
prohibited. Any sign which displays or
incorporates into the graphic display any depic-
tion or simulation identical to or similar to those
used for officially recognized traffic signaliza-
tion, direction or control shall be prohibited.
Marquee sign means a projecting sign attached
to or hung from a marquee or such marquee shall
be known to mean a canopy or covered structure
projecting from and supported by a building,
when such canopy or covered structure extends
beyond the building, building line or property
line.
Monument sign shall mean a ground sign
which is free standing, supported solely by its
own ground -mounted base and which is not
attached or fixed in any way to a building, fence
or other structure, provided that the ground
mounted base is substantially equal to or greater
than 50 percent the horizontal dimension of the
sign face including any cabinet or any structure
Supp. No. 30 CD94:4
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SIGNS § 94-1
within which the sign face is located and not
greater than ten feet in height. Two examples of
a monument sign are as follows:
pPY4AEk
Noncombustible material means a material,
which, in the form and thickness in which it is
used, meets any of the following:
(1) Materials which pass the test procedures
for defining noncombustibility of
elementary materials set forth in ASTM
E136; or
(2) Materials having a structural base of
noncombustible materials as stated in
subsection (1), with a surfacing not more
than one -eighth inch thick, which has a
flame -spread rating not greater than 50
when tested in accordance with the
method of test for surface burning
characteristics of building materials set
forth in ASTM E84.
Nonconforming sign means any advertising
structure or sign which was lawfully erected and
maintained prior to such time as it came within
the purview of this chapter and any amendments
thereto, and which fails to conform to all applicable
sections and restrictions of this chapter or any
other applicable provision of the city Code, or a
nonconforming sign for which a special permit
has been issued.
Obscene sign is a sign deemed obscene under
the Florida or United States. Constitutions.
Off -site or off -premises sign means a sign
identifying an activity which is not on the premises
where the sign is located or products or services
which are not available on the premises where
the sign is located. Signs commonly referred to
as billboards shall be considered off -premises
signs.
On -site or on -premises sign means a sign:
(1) Identifying an activity conducted or
products or services available on the
premises where the sign is located, or
(2) Displaying a noncommercial message or
(3) Any combination of the first two.
For purposes of this definition, common areas
within a duly organized homeowner or
condominium association shall be considered on
premises for each individual unit or lot within
said association in recognition of any right the
unit or lot owner has to use said areas under
Florida law and the association's covenants and
rules.
Outdoor advertising display means any letter,
figure, character, mark, plane, point, design,
poster, pictorial picture, stroke, stripe, line,
trademark, reading matter or illuminated service
which shall be constructed, placed, attached,
painted, erected, fastened or manufactured in
any manner whatsoever so that such shall be
used for attraction of the public to any place,
subject, person, firm, corporation, public
performance, article, machine or merchandise
whatsoever, which is displayed in any matter
whatsoever outdoors.
Owner means the person owning the fee simple
title to the property upon which a permit is
required.
Parapet sign shall mean a wall sign erected
flush on a parapet extension of a building.
Permittee means the person in possession or
having the beneficial use of property upon which
a sign is located for which a permit is required.
Pole signs are signs that are supported by one
or more exposed vertical supports of any shape
which are comprised of steel or other corrosive
alloys. Two examples of a pole sign are:
Supp. No. 30 CD94:5
§ 94-1 CAPE CANAVERAL CODE
Portable signs means signs that may be hauled
or towed from one location to another, are self-
supporting, [and] are designed to be temporarily
placed without a permanent base or fastening.
Projecting sign means a sign which is affixed
perpendicular to any building wall and extends
beyond the building wall by more than 18 inches.
Pylon signs are signs that are supported by
one or more exposed vertical supports which are
encased within a single, non -corrosive decorative
cover. Non -corrosive decorative cover shall mean
any material(s) suitable for installation as a pole
sign cover in accordance with industry standards
of material and workmanship, applied over and
attached to the supporting poles(s), including all
attachments and fasteners thereto, which shall
contain no steel or other corrosive alloys. Such
pole sign cover shall have a minimum width of
not less than one and one-half times the depth of
the cabinet, but not less than 12 inches, and
maximum depth equal to the depth of the sign
cabinet. One example of a pylon sign is:
Supp. No. 30 CD94:6
•
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SIGNS § 94-1
Right-of-way means land used for pedestrian and vehicular roadway purposes including reserved,
used or to be used as a street, alley, sidewalk, walkway, trail and trail heads, and related public areas
such as medians, drainage facilities, and grass shoulders. One example of a right-of-way:
Utility Pole et/Utility Pole
Property line
I sidewalk I l l l l l l l l i l l
Grass shoulder
Uglily Pole
I I I Sidewalk I
Grass shoulder
Roadway
Curb
L ay / Median /
Grass shoulder cb/
I Sid
Utility Pole
Property lines
Unlit) Pole
The right-of-way can be thought of as
the public's space between property lines.
In this example, the sidewalks and
utility poles are at the property lines.
Roof sign means any sign erected upon, against
or directly above a roof or on top of or above the
parapet of a building.
Sandwich board shall mean a freestanding,
one- or two-sided sign, in the shape of an inverted
"V," and set upon the ground.
Scheduled event or occurrence means a singular
preplanned, temporary happening during a
particular interval of time on the site advertised.
Examples of scheduled events or occurrences
include a property for sale, a coming site develop-
ment, a grand opening, a retail sale, an outdoor
event, and other similar temporary events.
Shopping center or multitenant center means
a building with two or more businesses.
Sign means any object, whether illuminated
or nonilluminated, which is designed or intended
to advertise, identify, announce, direct or inform
0
Grass shoulder
Sidewa
Right-of-way
Utility Pole
Property lines
the public, and which can be viewed by the public
off -site. For purposes of this chapter, the term
"sign" also includes all structural members.
Snipe sign means a small sign of any material,
including, but not limited to, paper, cardboard,
wood or metal, attached to any object and having
no application to the premises where located.
Street right-of-way means property which is
committed for use as a public access route.
Temporary signs means a sign displayed for a
scheduled event or occurrence which is not
designed or intended to be placed permanently.
Temporary signs include only those signs expressly
referenced in section 94-76, Temporary sign table.
Tenant space means that portion of a building
separated by walls or partitions that extend from
the floor to the ceiling or roof deck without
interconnecting openings.
Supp. No. 30 CD94:7
§ 94-1
CAPE CANAVERAL CODE
Vehicular sign means any sign applied to,
affixed to, or placed upon a vehicle in such a
manner as to be visible to the public.
Visibility triangle means a three-dimensional
triangular space bounded on two sides by intersec-
tion streets (measured from intersecting edges of
pavement) and on the third side by a straight
line drawn between those lines at a point located
35 feet from their intersection.
,15{00l Vb1EgIHTdmale Prep➢nl
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Wall sign means a sign that is affixed to the
wall of any building, when such sign shall project
not more than 18 inches from the building. Wall
signs may not extend above the roofline or
facade. Wall signs include parapet signs and
projecting signs.
Wall mural means a painting or an artistic
work composed of an arrangement of color and
that displays a commercial or noncommercial
message, relies solely on the side of the building
for rigid structural support, and is painted on
the building The term excludes a painting or
work placed on a structure that is erected solely
for the sole or primary purpose of signage.
Warning sign means a sign required by law or
intended to inform the viewer of dangerous
and/or restrictive conditions on the premises.
Window lighting means any source of illumina-
tion intended to illuminate or draw attention to
any display that is part of a window sign.
Window sign means any signs affixed to, in
contact with or placed in the interior or exterior
windows of a structure, and which can be viewed
from the outside of the structure.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14; Ord. No. 08-2020, § 2, 12-15-20)
Sec. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate
the number, size, type, use, design, construction
and location of signs within the city. These
regulations are established in order to promote
the overall economic well-being of the city, while
at the same time providing for the health, safety
and welfare of the public by reducing the adverse
effects of signs on safety, property values, traffic,
and the enjoyment of the scenic beauty of the
city. These regulations are intended to avoid
excessive competition and clutter among sign
displays in the demand for public attention,
eliminate dangerous, dilapidated and unsightly
signs and provide for adequate maintenance and
inspection of signs within the corporate limits of
the city, consistent with constitutional guarantees
and while providing for adequate opportunities
for effective means of communication.
(b) For purposes of this chapter, any lawful
sign may display a noncommercial message in
addition to, or in lieu of, any other message. All
noncommercial speech shall be deemed to be on
premises. Nothing in this chapter shall be
construed to regulate the content of the message
displayed on any sign.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-3. Administrator.
The "administrator" shall be the building
official unless otherwise directed by the city
manager in writing. The administrator shall
also include any authorized designee of the
administrator who is charged with implement-
ing the provisions of this chapter. If the
administrator is not the building official, the
building official shall be charged with interpret-
ing applicable building codes and advising the
administrator relative to building code issues
under this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
Supp. No. 30 CD94:8
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SIGNS § 94-5
Sec. 94-4. Exemptions.
The following signs may be erected without a
permit, subject, however, to all remaining require-
ments of these regulations:
(1) Decals affixed to and normally associ-
ated with signs painted on equipment,
fuel pumps or other types of equipment
provided such decals are affixed with the
consent of the equipment owner;
(2) Signs wholly within a building or enclosed
space, excluding window signs which are
more specifically regulated under this
chapter;
(3) One sign or tablet per building, of four
square feet or less, when cut into any
masonry surface or when constructed of
bronze or other incombustible materials
and attached to the surface of the build-
ing;
(4) Bulletin boards provided said boards shall
not exceed six square feet and shall be
limited to one per business entrance;
(5) Traffic -control devices installed in
accordance with applicable provisions of
the City Code and the traffic control
manual published by the Florida Depart-
ment of Transportation;
(6) Unless otherwise prohibited under this
subsection for safety purposes, interior
window signs shall be allowed provided
they are located at or below 15 feet from
pedestrian grade. Pedestrian grade shall
be measured from the walking surface
nearest the window of the subject build-
ing. Window signs above 15 feet from
pedestrian grade shall be prohibited.
Window signs permitted by this subsec-
tion shall not exceed 25 percent of the
total window glass area at or below 15
feet from pedestrian grade for each side
of the building or unit thereof unless
permitted within a window display area
allowed under chapter 110, article X,
A1A Economic Opportunity Overlay
District. Further, all sales transaction
and cash register areas, as well as any
other areas that may be deemed as neces-
sary for viewing for public safety purposes
by a law enforcement agency, shall not be
obstructed from view from the outside of
the building by a window sign.
(7) Temporary signs on residential property
that do not exceed six square feet.
(8) For 911 and emergency response purposes,
signage identifying the address of the
property, which shall be located in a
place that is clearly visible from the
right-of-way.
(9) Signs held by humans.
(10) Subject to the criteria established in
section 94-61, temporary, permanent, and
portable government monuments, mark-
ers, and signs located on public property.
(11) Home occupation signs pursuant to sec-
tion 94-83.
(12) Subject to the criteria established in
section 94-61, historical markers located
on public or private property that are
part of a duly authorized local, state or
federal historical program.
(13) Signs erected entirely within the confines
of a commercial establishment, provided
they cannot be viewed from a public
right-of-way.
(14) Warning signs.
(15) Temporary signs approved under an
outdoor entertainment event permit.
(16) Any sign erected or temporarily placed
by the city or other governmental body.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 19-2010,
§ 2, 12-21-10; Ord. No. 08-2014, § 2, 9-16-14)
Sec. 94-5. Penalty for violation.
(a) Any person who knowingly violates or
fails to comply with any of the sections of this
chapter or any erector, owner or user of an
unlawful sign or any owner of the property on
which an unlawful sign is located, shall, upon
conviction, be punished as provided in section
1-15.
Supp. No. 30 CD94:9
§ 94-5
CAPE CANAVERAL CODE
(b) In addition to the criminal penalties
provided in this section, any violation of this
chapter shall be subject to enforcement by Divi-
sions 2 or 3, Article VI, Chapter 2 of this Code.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 21-2012,
§ 3, 12-18-12)
Sec. 94-6. Prohibited signs and features.
The following signs and features are strictly
prohibited:
(a) Signs on utility poles and trees. Signs,
regardless of whether exempt from permit
requirements, are prohibited on public
utility poles or trees, except government
banner signs may be permitted on
brackets installed on utility poles if
authorized by the utility company.
(b) Obstruction of free ingress or egress;
standpipes / fire escapes. No sign shall be
erected, relocated or maintained so as to
obstruct free ingress to or egress from
any door or fire escape. No sign of any
kind shall be attached to a standpipe or
fire escape, unless the sign is incidental
to the function of the fire escape or
standpipe.
(c) Signs on right-of-way. Signs on right-of-
way that do not constitute a bona fide
traffic control device installed for the
safety of pedestrians and vehicles, or do
not serve a governmental function.
(d) Portable signs. Any sign, excluding
vehicular signs, which is mobile or is not
securely and permanently attached to
the ground or a building is prohibited,
except a sandwich board is permitted in
accordance with section 94-76.
(e) Merchandise displays on rights -of -way.
Permanent, temporary, portable or mov-
able signs or displays of merchandise
located on any street, sidewalk, alley, or
right-of-way are prohibited.
(f) Off -premises signs, except temporary off -
premises signs that are expressly
authorized by this chapter.
(g) Wall mural. A wall mural is strictly
prohibited on the exterior of any building
Supp. No. 30 CD94:10
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(o)
(p)
(q)
within the city unless the wall mural is
approved under the community appear-
ance review standards set forth in sec-
tions 22-36 et seq.
Window signs. Window signs that do not
comply with section 94-4.
Ground signs with exposed metal sup-
ports including poles.
Air -inflated devices.
Marquee signs.
Roof signs.
Projecting signs, unless they comply with
the provisions of section 94-79.
Temporary signs, unless specifically
authorized under this chapter.
Flags and pennants that are not
governmental in origin.
[Emissions.] Signs that emit an audible
sound, odor, or visible matter such as
smoke or steam.
[Composition.] Signs that are made with
or printed on any vegetation, curbstone,
flagstone, pavement, or any portion of
the sidewalk or street except house
numbers and traffic control signs.
Balloon display.
Discontinued signs.
Animated signs or signs of a flashing,
running or revolving nature.
Snipe signs.
Obscene signs.
Hazardous signs.
[Signs on certain motor vehicles.] Signs
located or erected on an inoperable or
unlicensed motor vehicle and visible from
the right-of-way or adjacent property.
(y) [Certain signs on parked motor vehicles.]
Signs located or erected on a parked
motor vehicle which are intended primar-
ily for display purposes and not regularly
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SIGNS § 94-31
used for transportation purposes and
which are visible from the right-of-way
or adjacent property.
(z) Dilapidated signs.
(aa) Pole signs.
(bb) Signs placed on fences or gates, other
than warning signs.
(cc) Window lighting, except for window signs
authorized by section 94-4(6).
(dd) Temporary signs, except permitted types
and uses specified in section 94-76.
(ee) [Miscellaneous.] Any other sign, feature,
or outdoor advertising display that does
not comply with the provisions of this
chapter.
(ff) Electronic signs except for as authorized
by section 94-78.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14; Ord. No. 08-2020, § 2, 12-15-20)
Sec. 94-7. Conformance.
All signs or other outdoor advertising displays
erected within the city limits shall conform to
this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-8. Identification.
Every sign or outdoor advertising display
erected, constructed or maintained, for which a
permit is required, shall be plainly marked with
the name of the person erecting and maintaining
such sign and shall have affixed on the front
thereof the permit number issued for the sign by
the administrator.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-9. Wind pressure and dead load.
All signs and other outdoor advertising displays
shall be designed and constructed to withstand a
wind velocity as set forth in the building code
adopted in section 82-31 and shall be constructed
to receive dead loads as required by the building
code or other codes of the city, except temporary
signs authorized by this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-10. Maintenance, notice to repair.
(a) All signs shall be erected, placed and
maintained in a state of good and safe repair.
Damaged signs shall be removed, repaired, or
replaced. If a sign is painted, in whole or in part,
the sign shall be kept well -painted. Such sign
shall be repainted whenever the paint is peeled,
blistered, or faded.
(b) All signs shall be constructed and
maintained in accordance with the provisions
and requirements of the city's building codes,
electrical codes, and other applicable codes.
(c) All copy area shall be maintained so as to
be legible and complete.
(d) All signs shall be maintained in a vertical
position unless originally permitted otherwise,
and in good and safe condition.
(e) Damaged faces or structural members shall
be promptly removed, repaired or replaced.
(f) Electrical systems, fasteners, and the sign
and structure as a whole shall be maintained at
all times in a safe condition.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-11-94-30. Reserved.
ARTICLE II. PERMITS AND
INSPECTIONS
Sec. 94-31. Permit required.
(a) Except as otherwise provided in this
chapter, it shall be unlawful for any person to
change a sign face, change the name of a busi-
ness displayed on a sign, alter, erect, construct,
enlarge, move, or make structural alterations to
any sign within the city, or cause such to be done
without first obtaining a sign permit. This shall
not be construed to require any permit for a
change of moveable alphanumeric characters on
a sign designed for such moveable characters or
a change of display on an electronic sign. Any
sign which is not specifically allowed by this
chapter is prohibited.
Supp. No. 30 CD94:11
§ 94-31 CAPE CANAVERAL CODE
(b) An electrical permit shall be required for
any sign containing electrical components to be
connected to an electrical energy source.
(c) No new permit is required for a sign which
has a permit and which conforms with the
provisions set forth in this chapter on the date of
its adoption. A new permit shall be required for
any sign when the structural configuration or
electrical components are altered or when the
sign is relocated.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14)
Sec. 94-32. Application for permit; review
time limits.
(a) Application for a permit required under
this chapter shall be made upon forms provided
by the building department and shall contain or
have attached the information required on the
form. At a minimum, the application shall contain
the following information and documents:
(1) The name, address and telephone number
of the property owner and applicant if
different than owner.
(2) The name, address, telephone number
and state license number of the sign
contractor/manufacturer and if applicable,
the same information for the engineer
and architect.
(3) The street address, legal description and
tax identification number of property
upon which proposed sign is to be located.
(4) The zoning and future land use designa-
tion of the property on which the sign is
to be located.
(5) The type of sign, square footage, height
and location of all signs currently located
on the premises.
(6) The type of sign, square footage, design,
sign area, height, location and fully
dimensioned elevation drawings of the
sign or sign proposed to be erected on the
premises. If the sign will be electrically
lighted, a copy of the electrical plans and
specifications for the sign shall be
provided. In addition, the name and
address of the electrical contractor shall
accompany the appropriate electrical
permit application.
(7) Written permission of the property owner
to erect the proposed sign if the applicant
is not the property owner.
(8) A fully dimensioned site plan showing
the lot frontage, building frontage or
business, establishment or occupant front-
age, parking areas and location of all
existing and proposed signs. For ground
signs and temporary signs which are
subject to permitting, the site plan shall
show the distance from the right-of-way
and property lines, and street corner
visibility calculations.
(9) For temporary signs subject to permit-
ting under this chapter, the applicant
shall provide the name, date and time
associated with the event or activity and
a time frame for the temporary sign to
come down.
(10) The type of construction, materials, sign
supports, electrical details for the proposed
sign.
(11) Wind load calculations and footer details
for the proposed sign as required by the
city's adopted building code.
(b) The administrator shall grant or deny the
sign permit application within 45 calendar days
from the date that a completed application and
permit fee was filed with the city, unless aesthetic
review of the proposed sign is required under
sections 22-36 et seq., City Code, then 60 calendar
days. For purposes of calculating the time period,
the day of receipt shall not be counted. Further,
if the last day falls on a Saturday, Sunday, or
legal holiday, the decision shall be made on the
next regular business day. Notwithstanding any
contrary sign application requirements contained
in this section, any person may request that a
sign or signs be approved as part of an overall
proposed development plan for a particular land
development project. In such cases, the person
will be required to submit the plans and specifica-
tions of the sign(s) with the plans and specifica-
tions for the proposed land development project.
Supp. No. 30 CD94:12
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SIGNS § 94-34
The proposed sign(s) will be reviewed and
approved in conjunction with the site plan review,
aesthetic review, and building permit review. In
addition, in cases in which the applicant has
requested a variance, waiver, or other zoning
approval in conjunction with the sign applica-
tion, the decision time period shall be suspended
while the applicant seeks such zoning approval.
In the event that no decision is made within 45
days following the filing of a completed applica-
tion, the application shall be deemed denied and
the applicant may then appeal the decision to
the construction board of adjustment.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-33. Issuance of permit.
(a) Upon the receipt of a completed building
permit application and upon payment of the
appropriate building permit fee by the applicant,
the administrator shall promptly conduct an
investigation of the application, the proposed
sign and the premises. In addition, if required
under sections 22-36 et seq., City Code, the
administrator shall forward the application to
the community appearance board for review and
consideration.
(b) If, after review and investigation as required
herein, the administrator determines that the
application meets the requirements contained in
this chapter and determines the proposed sign
will not violate any building, electrical, and
aesthetic or other adopted codes of the city, the
administrator shall issue the permit or issue the
permit with conditions (which means legal condi-
tions existing in the City Code). If the work
authorized by the permit has not been completed
within six months after the date of issuance, the
permit shall become null and void, unless the
administrator grants an extension of time, not to
exceed three months, for good cause shown.
(c) If, after review and investigation as required
herein, the administrator determines that one or
more reasons for denial exist, the permit shall be
denied and the administrator shall make a writ-
ten report of the denial and the reasons therefore.
A copy of the report shall be sent by certified
mail to the designated return address of the
applicant on the application. The application for
a permit shall be denied if one or more of the
following conditions are found to exist:
(1) The application does not comply with the
requirements of this chapter; or
(2) The application would violate any build-
ing, electrical, aesthetic or other adopted
codes of the city.
(d) Any person denied a building permit for
signs may file as a matter of right a written
notice of appeal to the construction board of
adjustment within ten calendar days after rendi-
tion of the denial pursuant to the provisions of
this section; except, however, issues decided by
the community appearance board or the city
council pursuant to sections 22-36 et seq., City
Code, or in conjunction with a site plan applica-
tion, shall not be appealed to the construction
board of adjustment and shall be appealed under
the applicable provisions set forth in sections
22-36 et seq. and the site plan review procedures.
The construction board of adjustment shall hold
a hearing and decide the appeal within 30
calendar days from the date the notice is received
by the construction board of adjustment. The
appellant shall be afforded minimum due process
including, but not limited to, the right to notice
of the hearing, a fair opportunity to be heard in
person and through counsel, to present evidence,
and to cross-examine witnesses. The decision of
the construction board of adjustment shall be
final. No further exhaustion of administrative
remedies shall be necessary for judicial review of
the administrative action. Any person aggrieved
by a final decision of the construction board of
adjustment may immediately appeal the deci-
sion as a matter of right by filing an appropriate
pleading with a court of competent jurisdiction.
A prompt review and decision shall be rendered
by the court. The record of the hearing shall
consist of the complete record of the proceedings
before the construction board of adjustment.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-34. Revocation of permit.
The administrator is authorized and empowered
to revoke any permit issued under this chapter
for failure of the permittee to comply with any of
Supp. No. 30 CD94:13
§ 94-34
CAPE CANAVERAL CODE
the sections of this chapter. Such revocation
shall be in writing and shall show cause for the
revocation notice. Within seven days after the
mailing of notice, the permit holder may request,
in writing to the city manager, a hearing before
the construction board of adjustment to show
cause why the permit should not be revoked. The
construction board of adjustment shall hold a
hearing and decide the appeal within 30 calendar
days from the date the notice is received by the
city manager. The permittee shall be afforded
minimum due process including, but not limited
to, the right to notice of the hearing, a fair
opportunity to be heard in person and through
counsel, to present evidence, and to cross-
examine witnesses. The decision of the construc-
tion board of adjustment shall be final. No
further exhaustion of administrative remedies
shall be necessary for judicial review of the
revocation decision. Any person aggrieved by a
final decision of the construction board of adjust-
ment may immediately appeal the decision as a
matter of right by filing an appropriate pleading
with a court of competent jurisdiction. A prompt
review and decision shall be rendered by the
court. The record of the hearing shall consist of
the complete record of the proceedings before the
construction board of adjustment.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-35. Fees.
Permit and inspection fees for the erection,
alteration or relocation of a sign, exclusive of any
costs for an electrical permit, shall be set forth in
appendix B, schedule of fees, to this Code and
shall include fees for the following:
(1) In addition, fees for signs are calculated
by using contract amount consistent with
the city's schedule of fees;
(2) Reinspection; and
(3) If any person commences any work before
obtaining the necessary permit, all fees
shall be doubled.
(4) As an incentive to encourage the establish-
ment of new businesses within the city,
the administrator is authorized to waive
sign permitting fees for any temporary
signage application that is filed within
30 days after obtaining the businesses'
initial business tax receipt issued by the
city.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14)
Sec. 94-36. Inspection by administrator.
The administrator is empowered to enter or
inspect any building, structure or premises in
the city upon which or in connection with which
a sign is located, for the purpose of inspection of
the sign, its structural details and electrical
connections and to ensure compliance with this
chapter. Such inspections shall be carried out
during business hours, unless an emergency
exists.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-37. Notice for inspections.
The person constructing, erecting or relocat-
ing a sign for which a permit, is required shall
notify the building department at all stages of
construction that requires inspection and approval
by the administrator. Authority for and time of
such inspections shall be as follows:
(1) A footing inspection for all detached signs
shall be required;
(2) A final structural inspection shall be
required at completion of the work on all
types of signs; and
(3) A final electrical inspection shall be
required on all signs containing electri-
cal components and wiring to be con-
nected to an electrical energy source.
(4) Other inspections as required by the
adopted building code.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-38-94-60. Reserved.
ARTICLE III. SIZE, LOCATION AND
CONSTRUCTION
DIVISION 1. GENERALLY
Sec. 94-61. Restrictions on placement.
(a) No sign or banner shall be suspended
across any public street, avenue or alley, unless
approved by the city council in situations when
Supp. No. 30 CD94:14
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SIGNS § 94-64
the street, avenue, or alley will be closed to
vehicular traffic at the location of the sign or
banner or the city council has determined that
the sign or banner will not constitute a hazard-
ous sign or banner under the definition set forth
in section 94-1 and the provisions set forth in
section 94-62.
(b) No sign shall be painted, pasted, printed
or nailed on any curb or sidewalk or upon any
trees, light standards, utility poles, hydrants,
benches, bridges or any structures, other than
awnings, within the property lines of any street,
avenue or alley within the limits of the city.
(c) No sign shall be attached to any private
wall, window, door, gate, fence or to any other
private structure, without the written permis-
sion of the owner or lessee and without compli-
ance with the provisions of this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-62. Abandoned and hazardous
signs.
(a) Abandoned signs. It shall be unlawful for
any permittee or owner of a sign to fail or refuse
to remove any sign, after ten days of the service
of notice from the administrator, which advertises
a business or product which has not been
conducted or sold at the premises where the sign
is located for more than six consecutive months
prior to the date of the notice from the administra-
tor. If the order to remove is not complied with,
the administrator may remove the sign, and an
assessment lien, on parity with real estate taxes,
may be filed against the property for the expense
incurred in removal of the sign.
(b) Hazardous signs. The administrator shall
refuse to issue a permit for any sign, which will
constitute a hazard and a potential menace to
the safety of the public, and the administrator
may require the removal of any sign which is not
properly maintained or which is or will become
unsafe and constitute a hazard to the safety of
the public. It shall be unlawful for any permittee
or owner to continue to display any sign that
constitutes a hazard to the safety of the public.
It shall be unlawful for any permittee or owner
to continue to display any sign that constitutes a
hazard after 48 hours from the time of notice by
the administrator requesting the removal of
such sign, unless within that time, the permittee
or owner shall have filed with the administrator
notice of his or her intention to appeal his
decision to the special magistrate or code enforce-
ment board, or the administrator has determined
that exigent circumstances exist that require the
immediate removal of the sign in order to abate
the public hazard. Any such sign displayed more
than 48 hours after notice to remove the sign
may be removed by the city at the expense of the
permittee or owner, unless the matter is pending
an appeal to the special magistrate or code
enforcement board or unless the decision of the
administrator has been reversed by the special
magistrate or code enforcement board.
(c) Signs constituting traffic hazard. No sign
or other advertising structure as regulated by
this chapter shall be erected at the intersection
of any street in such a manner as to obstruct free
and clear vision; at any location where, because
of the position, shape or color, it may interfere
with, obstruct the view of or be confused with
any authorized traffic sign, signal or device; or
which makes use of any word commonly used on
traffic control signs or signals. Visibility at
intersections shall be in accordance with the
figure [found in section] 94-1.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 94-63. Lighting.
(a) Gooseneck reflectors, spotlights, floodlights
and other lights shall be permitted on ground
signs and wall signs. However, the reflectors
shall be provided with proper lenses concentrat-
ing the illumination upon the area of the sign so
as to prevent the glare upon the street or
adjacent property.
(b) Electrical signs shall comply with applicable
electric codes.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-64. Criteria and standards for
measurement and placement.
(a) Area. The permitted area of ground signs
in all zoning districts, and unless otherwise
specified in this chapter, is dependent on street
Supp. No. 30 CD94:15
§ 94-64
CAPE CANAVERAL CODE
frontage of the property on the basis of one
square foot of sign area for each lineal foot of
property frontage up to the maximum specified
in each zoning district. Wall signs shall be
computed on the basis of one square foot of sign
area for each lineal foot of building or tenant
space frontage up to the maximum allowed in
each zoning section. For the purpose of determin-
ing area, the total area of a sign is that within
the smallest parallelogram, triangle, circle or
semicircle or combinations thereof which will
completely enclose the outside perimeter of the
overall sign, including the border, if any, but
excluding supports. Three dimensional signs
shall be measured at the largest vertical cross
section.
(b) Combinations of signs. Except where specifi-
cally permitted, the types and areas of signs may
not be combined to allow a larger size than that
listed for a single sign. Ground signs may be
placed at an angle on a corner at no increase in
size over that of a single sign. The sum or the
area of the faces visible from any one point shall
not exceed that allowed for a single sign.
(c) Corner lots. Where two ground signs are
used on a corner lot, the area of both signs may
not exceed the area allowed for frontage as
provided in subsection (a).
(d) Display of permit number. The sign permit
number for all signs requiring a permit shall be
prominently displayed by the owner or user of
the sign on the property where the sign is
located.
(e) Height, setback and location measure-
ments. Measurements for setback and location
for all signs in all allowable districts shall be
made from that portion of the sign nearest that
point of ground reference to which the measure-
ment is to be made, but in no event shall a sign of
any kind project over public property or public
rights -of -way, whether affixed to a building or
otherwise. The height of signs shall be measured
from grade level at the closest edge of the street
paving and shall include all decorative portions
of the sign. All setback measurements shall be
made from the property lines as a point of
reference to the projecting edge or corner of the
sign, unless otherwise specified.
(f) Ground signs. Ground signs shall be set
back a minimum of six feet from the property
line. No ground sign shall be placed within the
visibility triangle (refer to figure in section 94-1).
(g) Size limit. No ground sign shall be sup-
ported so that the uppermost edge is more than
20 feet above the grade level from edge of street
pavement. This subsection shall not apply to any
sign on the face of the building. Any sign that is
not attached to a building shall not exceed 150
square feet on its largest front.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-65. Aesthetic requirements of
signs.
The city council may adopt, by resolution or
ordinance, general aesthetic requirements which
pertain specifically to signs and wall murals
permitted by this chapter. Said requirements
may include form -based regulations (e.g. signage
size, materials, illumination, placement, landscap-
ing, scale, etc.) through the use of words, pictures
and diagrams that identify acceptable and unac-
ceptable signage consistent with the require-
ments of this chapter. Upon adoption, said
requirements shall be deemed fully incorporated
into this chapter and shall have the force of law.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-66-94-75. Reserved.
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temporary on -premise signs must comply
with the temporary signage table below.
Supp. No. 30 CD94:16
On -Premises Temporary Signage Table
Type and Use
Conditions
Temporary sign - in general
a, b, c, d, e,
f, g, h, i, j
Temporary signage on
gubernatorial, presidential,
county, city, and any state and
federal primary Election Day
and during the 30 days prior to
and five days after the Election
Day
c, d, e, f, g,
h, i, j, k
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SIGNS
On -Premises Temporary Signage Table
Type and Use
Conditions
Banner Sign
e, g, h, 1
Bag Sign
a, e, m
Sandwich Board
e, g, h, i, j,
n
(2) The following conditions shall apply to
any temporary sign unless otherwise provided in
the temporary signage table set forth above:
a. The temporary signage shall: (i) not be
posted more than 14 days prior to the
commencement of the scheduled event or
occurrence, unless a sooner time period
is required by law, and (ii) be removed
when the sign has fulfilled its purpose
(e.g., the scheduled event or occurrence
has concluded).
b. One temporary sign is allowed for every
150 linear feet of property frontage, or
portion thereof unless additional signage
is authorized and required by state or
federal law. Individual tenant spaces shall
be permitted one temporary sign for each
tenant space or unit, regardless of
property frontage.
c. On residential property, no temporary
sign shall exceed six square feet.
d. On nonresidential property, no temporary
sign shall exceed 32 square feet.
e. The temporary sign may be double-faced
(back-to-back) and only one side of a
double-faced sign shall be counted for
sign area calculations.
f. The maximum height shall be four feet
on residential property, or eight feet on
any non-residential property.
Minimum setbacks for any part of the
temporary sign structure shall be a
minimum of two feet from any right-of-
way.
h. No part of any temporary sign shall be
placed within the right-of-way or within
the visibility triangle or in any way
which impedes pedestrian and/or
vehicular traffic safety. No part of any
temporary sign shall be located so as to
g•
Supp. No. 30 CD94:17
j•
§ 94-76
reduce any required parking area. No
part of any temporary sign shall be located
in such a way that it restricts a pedestrian
way and/or sidewalk to less than 44
inches in width. Temporary signs shall
be removed and brought inside a build-
ing when there are storm warnings so as
not to become a hazard during a storm
event
Shall be freestanding and shall not rely
on any support that is not a part of the
sign.
The temporary sign shall be constructed
of sturdy material such as wood, hard
plastic, vinyl, hardboard or particle board
of sufficient thickness so as to withstand
the weather elements commonly
experienced within the city. Cardboard
and paper -faced temporary signs are
strictly prohibited unless they are safely
fastened, in their entirety, to a backing
made of material set forth in this section.
k. With property owner's consent, during
gubernatorial, primary, presidential,
county and city election years, temporary
signs may be placed on Election Day and
during the 30 days prior to and five days
after the Election Day.
1. A maximum of one banner sign may be
erected on nonresidential property not to
exceed 96 square feet, and on residential
property not to exceed 12 square feet. A
banner sign may be erected for a
maximum of 30 consecutive days on
nonresidential property and a maximum
of 14 consecutive days on residential
property one time during any calendar
year. A banner sign must be securely
fastened in a manner to withstand
weather elements commonly experienced
in the city.
m. Bag signs shall be allowed for 180 days
when the copy area of an existing ground
sign has been damaged and is awaiting
repair, when the business has vacated
the property or when the copy area is
being replaced to accommodate a new or
renamed business. The administrator may
§ 94-76
CAPE CANAVERAL CODE
grant an extension of time for good cause
shown provided any extension shall not
exceed 180 calendar days.
n. Sandwich boards: One sandwich board is
allowed for each business located in the
Cl, C2 and M1 zoning districts. Sandwich
boards must comply with the following
requirements:
(1) Shall not exceed five feet overall
height.
(2) Shall not exceed 12 square feet in
area.
(3) Shall not be displayed from dusk to
daybreak.
(4) Shall be substantially secured or
weighted to resist movement while
on display.
(5) Shall not encroach into vehicular
circulation areas or be located so as
to reduce parking areas.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14)
Sec. 94-77. Emergency response system.
For 911 and emergency response purposes,
the primary address of the building shall be
displayed on the property and shall be visible
from the public or private street. For commercial
and industrial buildings, the address or range of
addresses shall be incorporated into the signage
permitted for the property with numerals/letters
a minimum of six inches in height in contrasting
colors, but the address shall not be counted
against allowable copy area. In addition to the
address being posted on a single-family residential
mailbox or single-family dwelling, a sign not to
exceed three square feet may be posted on the
dwelling at the main entrance or in the yard,
provided the sign is visible from the public or
private street. The address shall not be counted
against allowable copy area. The display shall be
posted in a manner that is consistent with the
fire and life safety industry standards for post-
ing such emergency response displays.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-78. Electronic signs.
Electronic signs may be approved under this
chapter provided the proposed electronic sign
satisfies the following requirements:
(a) A maximum of one electronic sign may be
incorporated into a monument sign or
pylon sign. The electronic sign must be
in compliance with all applicable provi-
sions of this chapter. Further, an electronic
sign shall not be a portable or stand
alone sign and shall be mounted in a
permanent cabinet.
(b) The size of the electronic sign shall be
limited to a maximum size equal to 32
square feet. The maximum area of the
sign shall not exceed 120 square feet.
The electronic sign shall be fully
incorporated within the outer perimeter
of the sign. Further, the size of the
electronic sign shall be included in the
calculation for the total signage allowed
for the property and the overall size
limitation for a particular sign.
(c) The electronic sign shall be limited to
display of alphanumeric characters and
static graphic images or displays only.
The copy content of an electronic display
may change at intervals of no less than
eight seconds. The content of the electronic
display must remain stable and continu-
ous scrolling, blinking, fading, dissolving
or any other effect that gives the appear-
ance of movement is prohibited. Each
electronic display shall contain a complete
standalone message and the message
cannot be broken into segments displayed
sequentially on a different display to
form a complete message. Moving graphic
displays or images of non -alphanumeric
characters (such as simulations of
fireworks, bouncing hearts, lighthouses,
human bodies, and cartoon characters)
shall be prohibited. In addition, the image
or display content shall not contain effects
that are designed to resemble a traffic
control device or emergency vehicle strobe
lighting. However, nothing herein shall
prohibit governmental agencies from using
Supp. No. 30 CD94:18
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SIGNS § 94-81
electronic traffic control devices and
emergency lighting for official traffic
control and emergency public purposes.
(d) The sign shall not include any audio
message.
(e) The electronic sign shall be set to a
specific brightness level and shall
electronically respond to changing light
conditions (e.g., change from day to night
or to darkness related to weather). Writ-
ten certification shall be provided with
the sign permit application from the sign
manufacturer that the sign has been
preset to not to exceed the following light
level standard as measured in nits, as
follows:
(1) Maximum daytime level at 6,000
nits.
(2) Maximum nighttime level at 500
nits.
Further, the preset light level shall be
protected from end user manipulations
by password protected software or other
acceptable methods.
(f) If the electronic sign malfunctions, the
message, if displayed, shall be maintained
at a maximum light level of 500 nits, or
the sign shall be made inactive until the
sign is repaired.
(g) Electronic signs shall only be permitted
for public buildings and facilities located
in a public/recreation zoning district or
businesses operating and located in a
commercial or industrial zoning district.
However, such signs permitted in a com-
mercial or industrial zoning district shall
not be installed within 100 feet of a
property line of a residential land develop-
ment unless the illumination generated
from the electronic signage is adequately
directed or screened in a manner that the
illuminance does not significantly trespass
on the property of the residential develop-
ment to create an annoyance or nuisance.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14; Ord. No. 08-2020, § 2, 12-15-20)
Sec. 94-79. Projecting signs.
A projecting sign shall be permitted provided
the following minimum standards are satisfied:
(a) It shall not be larger than six feet in its
greatest dimension.
(b) It shall not encroach into a required
building setback by more than three feet.
(c) The lowest portion of the sign shall be at
least seven and one-half feet above grade.
(d) It shall not project into a vehicular
pathway.
(e) It shall not extend above the eave or
parapet line of the building wall on which
it is affixed.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-80. Off -premises signs.
No off -premises sign shall be erected in the
city, except temporary off -premises signs may be
permitted in accordance with section 94-81. Any
off -premises sign erected in violation of this
section shall be removed within 48 hours of
notice to the sign owner and property owner.
However, temporary off -premises signs erected
in violation of this section shall be removed
immediately. If the sign owner or property owner
fails to remove the sign, the city shall do so at
the sign owner's or property owner's expense.
The city shall also have the right to impose an
assessment lien, on parity with real estate taxes,
on the property for any removal expenses incurred
by the city to remove the unlawful off -premises
sign.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-81. Temporary off -premises signs.
(a) Temporary off -premises signs may be
erected upon issuance of a permit by the
administrator provided the temporary off -premises
sign(s) meets the following conditions:
(1) The activity or place so displayed or
promoted on the sign will occur or be
located within the jurisdictional boundar-
ies of the city.
Supp. No. 30 CD94:19
§ 94-81
CAPE CANAVERAL CODE
(2) The property owner on which the sign
will be erected has consented to the
placement of the sign.
(3) The type, use, size, height, and place-
ment of the sign shall comply with the
requirements set forth in section 94-76
for temporary on -premises signs.
(4) No sign shall be erected on or within any
right-of-way or within the visibility
triangle.
(b) Any permit issued under this section shall
have a maximum duration of 15 calendar days.
Further, a maximum of one permit shall be
issued per activity or event being displayed on
the sign. In addition, there shall be a four -permit
limitation per calendar year for any particular
location within the jurisdictional boundaries of
the city.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14)
Sec. 94-82. Awnings and canopies.
(a) Signs on awnings shall be allowed only on
that vertical portion commonly referred to as the
valance or fringe and shall be calculated as a
portion of any allowable wall sign.
(b) Signs on canopies shall be allowed only
when calculated as a portion of any allowable
wall sign.
(c) Address numbers on canopies and awnings
shall not be considered as a portion of the
allowable wall signage area.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-83. Home occupation signs.
A home occupation sign that is nonillumi-
nated and does not exceed two square feet in
area concerned shall be allowed per district
requirements if it is affixed flat against the
exterior surface at a position not more than two
feet distant from the main entrance of the
dwelling unit. There shall be no more than one of
these signs per unit.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-84. Ground signs.
Ground signs shall be required to meet the
criteria and standards set forth in section 94-64
and other applicable provisions of the City Code.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-85. Variances.
A variance may be granted for any require-
ment under this chapter pursuant to the vari-
ance procedures set forth in chapter 110, article
II.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14)
Secs. 94-86-94-95. Reserved.
DIVISION 3. DISTRICT REGULATIONS
Sec. 94-96. R-1 low density residential
district.
(a) Signs are permitted in the R-1 low density
residential district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the
R-1 district is prohibited.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-97. R-2 medium density residential
district.
(a) Signs are permitted in the R-2 low density
residential district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the
R-2 district is prohibited.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-98. R-3 medium density residential
district.
(a) Signs are permitted in the R-3 low density
residential district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the
R-3 district is prohibited.
(Ord. No. 05-2009, § 3, 9-15-09)
Supp. No. 30 CD94:20
s
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SIGNS § 94-100
Sec. 94-99. C-1 low density commercial
district, C-2 commercial/
manufacturing district and
M-1 light industrial and
research and development
district.
(a) Signs are permitted in the C-1 low density
commercial district, C-2 commercial/manufactur-
ing district and the M-1 light industrial and
research and development district as listed in
table 94-96-1.
(b) Any sign not specifically permitted in the
C-1, C-2 and M-1 districts is prohibited.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-100. Shopping center or multitenant center in any district; public/recreation
buildings.
Signs are permitted for shopping centers or multitenant centers in any district and public/recreation
buildings and facilities as listed in table 94-96-1
Table 94-96-1 District Restrictions
Type of Sign
R-1
R-2
R-3
C-1, C-2 & M-1
Pub/Rec
Temporary On-
Premises Sign
Per section 94-76
Per section 94-76
Per section 94-76
Per section 94-76
Per section 94-76
Temporary Off-
Premises Sign
Per section 94-81
Per section 94-81
Per section 94-81
Per section 94-81
Per section 94-76
Max. area
6 s.f.
6 s.f.
6 s.f.
32 s.f.
32 s.f.
Max. height
4'
4'
4'
8'
8'
Home Occupation
Max. no.
1
1
1
1
N/A
Max area
2 s.f.
2 s.f.
2 s.f.
2 s.f.
N/A
Ground
Max. no.
Prohibited
1 per street front-
age/per access
entrance; max. 2
signs
1 per street front-
age/per access
entrance; max. 2
signs
1 per street front-
age
1 per street front -
age/per access
entrance; max. 2
signs
Max area
32 s.f.
32 s.f
One s.f. per
linear ft. of
property frontage
up to a max. of
150 s.f.
One s.f. per
linear ft. of
property frontage
up to a max. of
150 s.f.
Max. height
8'
8'
20'
20'
Max. width
25'
25'
25'
25'
Supp. No. 30
CD94:21
§ 94-100
CAPE CANAVERAL CODE
Table 94-96-1 District Restrictions
Type of Sign
R-1
R-2
R-3
C-1, C-2 & M-1
Pub/Rec
Wall
Max. no.
Prohibited
1
1
2 per storefront
or structure,
provided each
structure is a
separate business
2 per structure
Max. area
One s.f. per
linear foot of
building wall that
the sign is on
One s.f. per
linear foot of
building wall that
the sign is on
Parallel to street,
15% of wall
height (x) wall
width of wall that
sign is located on;
max. 160 s.f.
Perpendicular to
street, 15% of
wall height (x)
wall width of wall
that sign is
located on; max.
128 s.f.
Parallel to street,
15% of wall
height (x) wall
width of wall that
sign is located on;
max. 160 s.f.
Perpendicular to
street, 15% of
wall height (x)
wall width of wall
that sign is
located on; max.
128 s.f.
Electronic Signs
ax
M. no.
n/a
n/a
n/a
Per section 94-78
Per section 94-78
Max. area.
n/a
n/a
n/a
32 sq. ft.
32 sq. ft.
Wall Mural
Prohibited
Prohibited unless
approved per sec-
tion 94-6(g)
Prohibited unless
approved per sec-
tion 94-6(g)
Prohibited unless
approved per sec-
tion 94-6(g)
Prohibited unless
approved per sec-
tion 94-6(g)
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14; Ord. No. 08-2020, § 3, 12-15-20)
Secs. 94-101-94-104. Reserved.
Sec. 94-105. Enforcement.
(a) Removal of signs. Private signs on public
property or public rights -of -way may be removed
by the city or its agents without notice to the
sign owner.
(b) [Unsafe signs.] Should any sign be in
danger of falling, or otherwise unsafe in the
opinion of the code enforcement officer or the
administrator, the owner thereof, or person
maintaining the sign, shall, upon receipt of
written notification from the Administrator or
code enforcement officer, immediately secure the
sign, cause it to be placed in good repair or
remove the sign, or shall immediately remove
the sign if the administrator has determined
that exigent circumstances exist that require the
abatement of a public hazard.
(c) Removal of illegally erected signs. The
owner, owner's agent, or person in control, of any
property where an illegally erected sign is located
shall have the sign immediately removed.
(d) Termination of unlawful illumination. Upon
receipt of written notification by the code enforce-
ment officer or administrator that a sign is
illuminated in violation of this chapter or other
provisions of the City Code regulating spillover
lighting, the owner, owner's agent, or person in
control of the premises, shall immediately
terminate the prohibited illumination of such
sign.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-106-94-109 Reserved.
Sec. 94-110. Implied consent.
Any person applying for, and the property
owner upon which the sign will be erected, and
receiving a permit for any sign hereby consents
to the following:
(1) Consents to complying with all provi-
sions of this Code; and
(2) Consents for city officials to come on
private property to inspect all signage
and to remove illegally erected signs
upon reasonable advanced notice by the
city.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-111-94-114. Reserved.
Supp. No. 30 CD94:22
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SIGNS § 94-121
Sec. 94-115. Viewpoint neutral.
Notwithstanding anything in this chapter or
Code to the contrary, no sign or sign structure
shall be subject to any limitation based upon the
content (viewpoint) of the message contained on
such sign or displayed on such sign structure.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-116-94-119. Reserved.
Sec. 94-120. Severability.
(a) General. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase,
clause, term, or word of this chapter is declared
unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, the declara-
tion of such unconstitutionality shall not affect
any other part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or
word of this chapter.
(b) Severability where less speech results.
Without diminishing or limiting in any way the
declaration of severability set forth above in
subsection (a), or elsewhere in this chapter, this
Code, or any adopting ordinance, if any part,
section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of this
chapter is declared unconstitutional by the valid
judgment or decree of any court of competent
jurisdiction, the declaration of such
unconstitutionality shall not affect any other
part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or
word of this article, even if such severability
would result in a situation where there would be
less speech, whether by subjecting previously
exempt signs to permitting or otherwise.
(c) Severability of provisions pertaining to
prohibited signs. Without diminishing or limit-
ing in any way the declaration of severability set
forth above in subsection (a), or elsewhere in this
chapter, this Code, or any adopting ordinance, if
any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or
word of this chapter or any other law is declared
unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, the declara-
tion of such unconstitutionality shall not affect
any other part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or
word of this chapter that pertains to prohibited
signs, including specifically those signs and sign
types prohibited and not allowed under section
94-6. Furthermore, if any part, section, subsec-
tion, paragraph, subparagraph, sentence, phrase,
clause, term, or word of section 94-6 is declared
unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, the declara-
tion of such unconstitutionality shall not affect
any other part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or
word of section 94-6.
(d) Severability of prohibition on off -premises
signs. If any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or
word of this chapter and/or any other Code
provisions and/or laws are declared invalid or
unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, the declara-
tion of such unconstitutionality shall not affect
the prohibition on off -premise signs as contained
in this chapter and Code.
(Ord. No. 05-2009, § 3, 9-15-09)
ARTICLE W. NONCONFORMING SIGNS
Sec. 94-121. Nonconforming signs.
All signs or outdoor displays which are law-
fully in existence or are lawfully erected and
which do not conform to the provisions of this
chapter are declared nonconforming signs. It is
the intent of this chapter to recognize that the
eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a
subject of health, safety, and welfare as is the
prohibition of new signs that would violate the
provisions of this chapter. No nonconforming
sign shall be changed, expanded or altered in
any manner which would increase the degree of
its nonconformity, or be structurally altered to
prolong its useful life, or be moved in whole or in
part to any other location where it would remain
nonconforming.
(a) Termination by abandonment: Any
nonconforming sign structure, the use of
which as a sign is discontinued for a
Supp. No. 30 CD94:23
§ 94-121
CAPE CANAVERAL CODE
period of 90 consecutive days, regardless
of any intent to resume or not to abandon
such use, shall be presumed to be
abandoned and shall not thereafter be
reestablished except in full compliance
with this chapter. Any period of such
discontinuance caused by government
actions, strikes, material shortages, or
acts of God, and without any contribut-
ing fault by the nonconforming user,
shall not be considered in calculating the
length of discontinuance for purposes of
this subsection.
(b) Termination by damage or destruction:
Any nonconforming sign damaged or
destroyed by any means, to the extent of
50 percent of its replacement cost at the
time of being damaged or destroyed,
shall be terminated and shall not be
restored.
(c) Termination by redevelopment: Whenever
any revision or modification is made to a
building or to site improvements, which
revision or modification requires the
submission of a new or substantially
revised site plan or development plan,
pursuant to the Land Development Code,
all signs or sign structures on the parcel
of land in question shall be made to
conform with the current requirements
of this chapter, or shall be removed.
(d) Pole signs —Termination by amortiza-
tion: Any nonconforming pole sign exist-
ing on September 16, 2014 and not
terminated pursuant to any other provi-
sion of this section shall be permanently
removed or modified into a pylon sign by
September 16, 2016, by the installation
of a non -corrosive decorative cover applied
over and attached to the supporting pole(s)
in accordance with industry standards of
material and workmanship, except,
however, pole signs located within the
visibility triangle shall be permanently
removed or relocated from the visibility
triangle by said date in compliance with
this chapter.
(e) Signs of a temporary nature —Amortiza-
tion. Any nonconforming sign which is
designed to be temporary in nature or
portable on September 16, 2014 includ-
ing, but not limited to, window signs,
portable signs, banners, sandwich boards,
and other types of signs which did not
require a building permit to erect shall
come into compliance with the provisions
of this ordinance by October 16, 2014.
(f) Repair and maintenance. Reasonable
routine repair and maintenance of a
nonconforming sign is permitted in
accordance with the requirements of sec-
tion 110-98 of the City Code.
(g) Incentives. As an incentive to eliminate
nonconforming signs, the city manager
shall be authorized to waive sign permit-
ting fees for any sign application that is
filed for purposes of eliminating or modify-
ing a nonconforming sign and making it
in full compliance with the provisions of
this chapter.
(Ord. No. 08-2014, § 2, 9-16-14)
Sec. 94-122. Exceptions and appeals.
(a) Upon application filed with the administra-
tor, the administrator may exempt legally exist-
ing nonconforming signs from the requirements
of this chapter related only to height, sign area,
and projection from the building, if the sign
owner can demonstrate that the nonconformity
is within 20 percent of each specific requirement.
However, the sign must be brought into full
compliance if it is substantially damaged.
(b) Freestanding signs that are nonconform-
ing only with respect to the minimum required
distance from any property lines, shall be allowed
to remain in the existing location provided that
no portion of the sign is located within any
publicly owned right-of-way, visibility triangle,
or utility easement and that no interference with
clear sight distance exists, and further provided
that such signs are otherwise in compliance with
the terms of this chapter.
(Ord. No. 08-2014, § 2, 9-16-14)
Supp. No. 30 CD94:24
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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.
i
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. 30 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.
Sec. 110-495. Alternative sustainable green parking lots.
Sec. 110-496. Administrative parking reductions.
Sec. 110-497. Bicycle parking.
Secs. 110-498-110-505. 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.
Supp. No. 30 CD110:6
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Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Sec. 110-538. Encroachments.
Secs. 110-539-110-550. Reserved.
Sec. 110-551.
Sec. 110-552.
Sec. 110-553.
Sec. 110-554.
Sec. 110-555.
Sec. 110-556.
Secs. 110-557
Division 6. Vehicles and Vessels
Location of recreational vehicles, camping equipment, boats and
boat trailers.
Living aboard boats.
Living or residing in automotive vehicles.
Parking and storage of certain vehicles.
Paving of vehicular use areas.
Vehicle rental facility.
-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.
Sec.
Sec.
Sec.
Sec.
110-581.
110-582.
110-583.
110-584.
Division 8. Swimming Pools
Construction and location.
Swimming pool barriers.
Accessories.
Minimum setbacks.
Division 9. Mobile Food Dispensing Vehicles and Other Mobile Vendors
Sec. 110-584.1. Mobile food dispensing vehicles.
Article X. AlA Economic Opportunity Overlay District
Division 1. Generally
Sec. 110-585. Introduction.
Sec. 110-586. Boundary and organization.
Sec. 110-587. Applicability.
Sec. 110-588. Purpose.
Sec. 110-589. Goals.
Sec. 110-590. Objectives.
Sec. 110-591. Design principles.
Sec. 110-592. Definitions.
Secs. 110-593-110-603. Reserved.
Sec. 110-604.
Sec. 110-605.
Sec. 110-606.
Sec. 110-607.
Sec. 110-608.
Sec. 110-609.
Sec. 110-610.
Division 2. Administration
Intent.
General.
Procedures for design compatibility approvals.
Plan submittals.
Nonconforming uses, structures and buildings.
Use matrix.
Similar and compatible uses.
Supp. No. 30 CD110:7
Supp. No. 30
CAPE CANAVERAL CODE
Sec. 110-611. Property containing both commercial and residential zoning
district designations.
Secs. 110-612-110-620. Reserved.
Division 3. Site Planning
Sec. 110-621. Intent.
Sec. 110-622. LEED or LEED equivalent design.
Sec. 110-623. Building orientation.
Sec. 110-624. Building height.
Sec. 110-625. Building setbacks and building zones.
Sec. 110-626. Building frontage.
Sec. 110-627. Project size.
Sec. 110-628. Lot coverage.
Sec. 110-629. On -site circulation.
Sec. 110-630. Utility and service areas.
Secs. 110-631-110-640. Reserved.
Division 4. Architectural Guidelines
Sec. 110-641. Intent.
Sec. 110-642. Similar and compatible design.
Sec. 110-643. Articulation.
Sec. 110-644. Building continuity.
Sec. 110-645. Scale.
Sec. 110-646. Proportion.
Sec. 110-647. Rhythm.
Sec. 110-648. Entry treatment.
Sec. 110-649. Roof lines.
Sec. 110-650. Exterior surface materials.
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.
CD 110:8
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Division 7. Signage
Sec. 110-701. Intent.
Sec. 110-702. All signs.
Sec. 110-703. Awning signs.
Sec. 110-704. Pedestrian signs.
Sec. 110-705. Projecting signs.
Sec. 110-706. Wall signs.
Sec. 110-707. Hanging signs.
Sec. 110-708. Window signs.
Sec. 110-709. Business park/area multi-user sign.
Secs. 110-710-110-719. Reserved.
Article XI. Planned Developments
Division 1. Generally
Sec. 110-720. Defmitions.
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. 30 CD110:9
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structure used in association with anten-
nas shall be located in accordance with
the following:
(1) In residential districts, the equip-
ment cabinet or structure may be
located:
(i) In a rear or side yard provided
the cabinet or structure is no
greater than six feet in height
or 36 square feet of gross floor
area and shall otherwise
conform to the requirements of
section 110-468 as an acces-
sory structure.
(ii) The structure or cabinet shall
be screened from view.
(2) In commercial or industrial districts
the equipment cabinet or structure
shall be no greater than six feet in
height or 36 square feet in gross
floor area and shall otherwise
conform to the requirements of sec-
tion 110-468 as an accessory
structure. The structure or cabinet
shall be screened from view.
9. Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a
continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or
tower shall remove the same within 90 days of
receipt of notice from the City of Cape Canaveral
notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within
said 90-day shall be grounds to remove the tower
or antenna at the owner's expense. If there are
two or more users of a single tower, then this
provision shall not become effective until all
users cease using the tower.
10. Nonconforming uses.
(a) Not expansion of nonconforming use.
Towers or antennas that are constructed,
and antennas that are installed, in
accordance with the provisions of this
section shall not be deemed to constitute
the expansion of a nonconforming use or
structure.
(b) Preexisting towers. Nonconforming towers
or antennas shall be allowed to continue
their usage as they presently exist.
Routine maintenance shall be permitted
on such nonconforming towers or anten-
nas. New construction other than routine
maintenance on a nonconforming tower
or antenna shall comply with the require-
ments of this section.
(c) Rebuilding damaged or destroyed
nonconforming towers or antennas.
Notwithstanding paragraph 9., bona fide
nonconforming towers or antennas that
are damaged or destroyed may be rebuilt
without having to first obtain administra-
tive approval or a special exception and
without having to meet the separation
requirements specified in paragraphs
7(b)(4) and 7(b)(5). The type, height, and
location of the tower onsite shall be of the
same type and intensity as the original
facility approval. Building permits to
rebuild the facility shall comply with the
then applicable building codes and shall
be obtained within 180 days from the
date the facility is damaged or destroyed.
If no permit is obtained or if said permit
expires, the tower or antenna shall be
deemed abandoned as specified in
paragraph 9.
(d) Collocation. To accommodate collocation,
nonconforming towers may add additional
antennas (belonging to the same carrier
or other carrier) subject to administra-
tive review pursuant to paragraph 6. of
this section.
(e) Repair. Nothing in this section shall be
deemed to prevent the strengthening or
restoring to a safe condition of any
nonconforming tower or antenna or part
thereof declared to be unsafe by the
building official or any other city official
authorized to protect the public, health,
safety, and welfare.
11. Nonconforming towers shall be allowed to
be rebuilt and relocated elsewhere on the exist-
ing site with administrative approval of the
building official under the following conditions:
(a) The tower does not exceed the maximum
height allowed in 110-483, 4(o).
Supp. No. 30 CD110:69
§ 110-483
CAPE CANAVERAL CODE
(b) The tower does not reduce the existing
setback from residentially zoned property.
(c) The tower does not reduce the existing
separation distances from other existing
towers.
(d) The tower includes the provision for the
collocation of antennas.
(e) The tower is designed to be less intrusive
than the existing tower.
(f) The existing tower is removed within 30
days of completion of the new tower.
(Ord. No. 8-97, § 2, 9-2-97; Ord. No. 22-98, § 1,
7-7-98; Ord. No. 28-98, §§ 1-5, 9-15-98)
Sec. 110-484. Emergency pad -mounted
generators.
(a) The term "emergency pad -mounted genera-
tors" ("EPMG") shall mean the residential or
commercial use of a ground -mounted standby
generator system to be utilized in emergency
power outage situations.
(b) This section refers to EPMGs serving public,
government or private facilities where life safety
does not depend on the performance of the
system.
(c) All EPMG units and installations must
meet all the requirements of this Code, as well as
all other appropriate technical codes and any
applicable manufacturer specifications.
(d) The EPMG may only be used in emergency
situations where there is a power outage.
(e) Testing, diagnostic and maintenance
procedures may only occur during daylight hours
between 8:00 a.m. and 5:00 p.m. at a maximum
of once per week.
(f) Installation of an EPMG shall comply with
the following restrictions:
(1) A permit shall be obtained from the
building official prior to any installation.
(2) The installation shall meet all applicable
building, electrical and technical codes.
(3) The EPMG shall not encroach more than
five and one-half feet into any required
setback, and in no case shall be any
closer than two and one-half feet from
any property line, fence or other structure.
(4) The EPMG shall not be installed in an
easement.
(5) The EPMG shall be fastened to a
minimum three -and -one -half -inch -thick
concrete pad or manufacturer -approved
pad.
(6) Exhaust termination shall be located as
prescribed within the technical codes
referenced in chapter 82 of this Code.
(7) The EPMG shall be situated near the
existing electrical service entrance of the
structure and screened from public view.
(8) Permanent signage shall be placed at the
service entrance equipment indicating
the type and location of the EPMG.
(9) For EPMGs that produce a carbon -type
exhaust, a permanently wired carbon -
type exhaust sensor, with a battery
backup, shall be located within the
residence served. The location shall be
approved by the building official.
(10) One side setback on the property shall
remain open space in accordance with
this Code.
(Ord. No. 15-2005, § 2, 9-20-05)
Sec. 110-485. Liquefied petroleum gas.
The tank capacity for storage of liquefied
petroleum gas for distribution purposes shall not
exceed 1,000 total gallons per lot of record. To
the extent that this section conflicts with a more
restrictive provision of any applicable fire safety
code or law, the more restrictive code or law shall
apply. For purposes of this section, the term "lot
of record" shall have the same meaning set forth
in section 110-1 and shall also include a combina-
tion of contiguous lots of record that are either
under single ownership, unified in title, or used
for common development purposes.
(Ord. No. 01-2007, § 2, 2-20-07)
Supp. No. 30 CD110:70
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Sec. 110-486. Vacation rentals.
(a) Authority, scope and purpose.
(1) This section is enacted under the home
rule power of the City of Cape Canaveral
in the interest of the health, peace, safety
and general welfare, and to preserve the
quiet nature and atmosphere of residential
areas, and to ensure that the city's
residents have the opportunity to maintain
tranquility and peaceful enjoyment of
their neighborhoods. This section shall
be liberally construed to accomplish its
purpose of regulating vacation rentals,
protecting the residential character of
the City of Cape Canaveral, the health,
safety, and general welfare of its residents
and visitors, and the quiet enjoyment by
the City of Cape Canaveral's residents of
their residential property.
(2) This section is also enacted to better
inform and protect transient occupants
of vacation rentals by requiring vacation
rental owners to conspicuously post
minimum information related to health
and safety and applicable local regula-
tions.
(3) The maximum overnight occupancy limits
for vacation rental units established
herein are enacted to mitigate against
the potential harms caused by the unsafe
overcrowding of vacation rentals by
overnight transient occupants, as well as
the incompatible nature of overcrowded
transient vacation rentals with existing
residential neighborhoods which statisti-
cally have a much lower average
household size based on U.S. Census
data.
(4) This section does not prohibit vacation
rentals, nor regulate the duration or
frequency of rental of vacation rentals,
nor is it the intention of the City of Cape
Canaveral to do so, but rather this sec-
tion is intended to address life safety and
compatibility concerns in the interests of
the health, peace, safety, and general
welfare.
(5) Nothing contained in this section is
intended to amend or repeal the minimum
seven consecutive day rental restriction
set forth in section 110-487 of the City
Code which was enacted by the city prior
to the statutory preemption date of June
1, 2011 under F.S. § 509.032(7)(b). Sec-
tion 110-487 shall remain in full force
and effect.
(6) Notwithstanding any other provision of
this section, pre-existing contracts are
exempt from the provisions of this sec-
tion. If a vacation rental is cited for a
violation of the provisions herein, when
the vacation rental is occupied under the
terms of a pre-existing contract, the vaca-
tion rental owner may raise the pre-
existing contract as an affirmative defense
and defend such violation based on the
fact that the vacation rental was exempt
from applicable provisions of this section
due to it being occupied pursuant to a
pre-existing contract, provided the fact
finder determines by competent
substantial evidence that the contract
exists and satisfies the definition of pre-
existing contract. A pre-existing contract
may not be raised as an affirmative
defense to an alleged violation of any
other provision of the City Code outside
of this section.
(b) Definitions. The following terms as used
in this section are defined as set forth hereinafter:
Bedroom means any room in a vacation
rental which has a minimum of 70 square feet,
a bed or other place for sleeping and a separate
closet that is an integral part of the permanent
construction within the bedroom or an en
suite bathroom and is located along an exterior
wall with an emergency means of escape and
rescue opening to the outside, but shall not
include a bathroom, a kitchen, a dining room,
or any main living area. A bedroom shall not
constitute the only means of access to other
bedrooms or habitable spaces and shall not
serve as the only means of egress from other
habitable spaces. If a room has been added,
altered, or converted without any required
building permit having been granted, such
Supp. No. 30 CD110:70.1
§ 110-486
CAPE CANAVERAL CODE
room shall not be deemed a bedroom. If a
previously approved bedroom in an existing
vacation rental exists as of the effective date
of this section, and does not have a separate
closet that is an integral part of the permanent
construction of the structure, but rather utilizes
an armoire or other furniture piece for cloth-
ing storage for at least two persons, the
requirement for a closet to qualify as a bedroom
is waived.
City fiscal year means the annual period
from October 1 through September 30.
Occupant means any person who occupies a
vacation rental overnight.
Owner occupied means the vacation rental
is occupied by the owner of the vacation rental
or other person(s), at the vacation rental
owner's consent, who do not pay rent for the
occupancy of the vacation rental, when such
persons are members of the family of the
vacation rental owner. Family shall be defined
as any number of individuals related by blood,
marriage or legal adoption, and not more than
four persons not so related, living together as
a single housekeeping unit. Foster children
are considered part of a family.
Pre-existing contract means a duly executed
written contract entered into by a vacation
rental owner and a future occupant prior to
the enactment of this section on October 1,
2021 under which the vacation rental owner
has agreed to rent a vacation rental to the
occupant in compliance with the minimum
seven consecutive day rental requirement under
section 110-487 of the City Code, if applicable.
Transient public lodging establishments
means any unit, group of units, dwelling,
building, or group of buildings within a single
complex of buildings which is rented to guests
more than three times in a calendar year for
periods of less than 30 days or one calendar
month, whichever is less, or which is advertised
or held out to the public as a place regularly
rented to guests.
Vacation rental is defined under Florida
Statutes and is currently defined as any unit
or group of units in a condominium or coopera-
tive or any individually or collectively owned
single-family, two-family, three-family, or four -
family house or dwelling unit that is also a
transient public lodging establishment but
that is not a timeshare project. A vacation
rental is the entire dwelling unit or house. An
accessory structure where people are permit-
ted to sleep that is not a lawfully permitted
separate dwelling unit or house is not a
vacation rental. Further, one or group of
individual rooms independently rented or
offered for rent apart from the entire dwelling
unit or house is not a vacation rental.
Vacation rental owner is the fee simple
owner of the vacation rental, whether an
individual, partnership, corporation, limited
liability company, trust, or other entity. In the
event the vacation rental owner is not an
individual, each and every person who owns
20 percent or more of the equitable interest in
the vacation rental shall also be deemed a
vacation rental owner.
(c) Registration. Registration shall be based
on the city's fiscal year similar to city business
tax receipts. Prior to initiating the operation of a
property as a vacation rental and prior to October
1 for each subsequent year, a vacation rental
owner, either personally or through an agent,
shall register with the City of Cape Canaveral
utilizing forms promulgated by the city. A
leaseholder of an entire dwelling unit or house
may also register the entire dwelling or house as
a vacation rental provided written consent of the
vacation rental owner is filed with the city along
with verification of the lease. Registration may
be conducted by electronic means by the city and
through a third -party contractor retained by the
city for such purposes. The city, with the approval
of the city manager, may extend the date that
such registration is required by notice on the
city's website, and prorate up to 50 percent of the
required registration fee for initial registrations
filed after April 1. A separate registration shall
be required for each vacation rental. The opera-
tion of a vacation rental without registration
after the date registration is required shall be a
violation of this section, except in the instance of
providing accommodations to fulfil a pre-existing
contract as provided hereinafter. Upon receipt of
Supp. No. 30 CD110:70.2
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written notice by the city that a vacation rental
is in noncompliance with the registration require-
ments, the vacation rental owner or agent, as
applicable, shall have a five-day grace period in
which to register the vacation rental. Renting
the subject vacation rental without registration
after the five-day grace period shall constitute a
separate violation of this section for each day
after the grace period.
(1) A vacation rental owner or agent, as
applicable, registering a vacation rental
with the city shall submit to the city a
completed registration form utilizing the
registration method established by the
city, together with a registration fee in
the amount set by resolution of the city
council.
(2) A registration shall include the following
submittals:
(i) A completed vacation rental registra-
tion form.
(ii) Payment of applicable fee which
shall be nonrefundable.
(iii) A copy of the vacation rental's cur-
rent and active license as a transient
public lodging establishment with
the Florida Department of Business
and Professional Regulation, if the
registrant is required to have such
license.
(iv) A copy of the vacation rental's cur-
rent and active certificate of registra-
tion with the Florida Department of
Revenue for the purposes of collect-
ing and remitting sales surtaxes,
transient rental taxes, and any other
taxes required by law to be remitted
to the Florida Department of
Revenue.
(vi) A copy of the current city business
tax receipt.
(vii) Evidence of the vacation rental's
current and active account with the
Brevard County Tax Collector for
the purposes of collecting and remit-
ting tourist development taxes and
any other taxes required by law to
be remitted to the Brevard County
Tax Collector.
(viii) Exterior site sketch. An exterior
sketch of the vacation rental facility
shall be provided. The sketch shall
show and identify the dwelling unit
or house and all structures, pools,
spas, hot tubs, fencing, and uses,
including areas provided for off-
street parking. For purposes of the
sketch, off-street parking spaces shall
be delineated so as to enable a fixed
count of the number of spaces
provided. At the option of the vaca-
tion rental owner, such sketch may
be hand drawn, and need not be
professionally prepared.
(ix) Interior building sketch by floor. A
building sketch by floor shall be
provided, showing a floor layout
identifying all bedrooms, other
rooms, exits, hallways and stairways,
as applicable. At the option of the
vacation rental owner, such sketch
may be hand drawn, and need not
be professionally prepared.
(3) If a registration form is incomplete, the
registrant will be notified of the deficiency,
and be allowed ten days to provide any
missing information or fees unless
additional time is granted by the city for
good cause.
(4) A vacation rental owner, either person-
ally or through an agent, shall be required
to amend the vacation rental registration
in the following circumstances:
(i) A change in ownership of the vaca-
tion rental;
(ii) An increase or decrease in the
number of bedrooms in the vacation
rental;
(iii) An increase or decrease in the
maximum occupancy of the vaca-
tion rental; or
Supp. No. 30 CD110:70.3
§ 110-486
CAPE CANAVERAL CODE
(iv) An increase or decrease in the
number of parking spaces, or a
change in location of parking spaces
for the vacation rental.
(5) A vacation rental registration shall be
based upon and valid for one city fiscal
year, and renewals shall be annually
prior to the expiration date of the previ-
ous vacation rental registration.
(6) A vacation rental registration is transfer-
able when the ownership of the vacation
rental is sold or otherwise transferred,
and the new owner has filed a modifica-
tion of the registration with the city
within 30 days from the date of sale or
transfer. If the new owner fails to timely
modify the registration, any existing
registration related to the subject property
shall be deemed null and void on the 31st
day after such sale or transfer, and the
new property owner will thereafter be
required to file a new registration form
and pay a new registration fee.
(7) The registration of vacation rental shall
not be construed to establish any vested
right or entitle the registered vacation
rental to any rights under the theory of
estoppel. Registrations accepted in error
by the city or based on false or mislead-
ing information may be freely revoked by
the city upon written notice to the vaca-
tion rental owner. Registration shall not
be construed as a waiver of any other
requirements contained in the City Code
or applicable law and is not an approval
of any other code requirement outside of
acknowledging registration with the city
under this section. The registration of a
vacation rental is not an approval of a
use or activity that would otherwise be
illegal under applicable law and does not
in any way limit or prevent the city from
enforcing applicable law.
(8) It shall be a violation of this section for
any person to provide false or misleading
information in connection with any
application for registration, modification
or renewal of a vacation rental as required
by this section.
(d) Maximum overnight occupancy.
(1) The maximum overnight occupancy of a
vacation rental shall be two occupants
per bedroom (as defined herein), plus two
additional occupants per vacation rental,
excluding children under the age of six
years old, up to a maximum occupancy
of:
(i) Eight occupants per dwelling unit
or house not exceeding 2,000 square
feet under enclosed roof/air;
(ii) Ten occupants per dwelling unit or
house between 2,001 and 3,000
square feet under enclosed roof/air;
(iii) Twelve occupants per dwelling unit
or house between 3,001 square feet
and 4,500 square feet under enclosed/
air; or
(iv) Fourteen occupants per dwelling unit
or house over 4,500 square feet
under enclosed roof/air.
For purposes of this subsection, the term
"overnight" shall mean between the hours
of 10:00 p.m. and 7:00 a.m. the following
day. Square footage shall be determined
based on data contained in a floor plan
prepared by a duly licensed engineer,
recorded official condominium declara-
tions or the Brevard County Property
Appraiser's official website.
(2) Notwithstanding the maximum occupancy
restrictions set forth in subsection (1),
the occupancy of a vacation rental shall
not exceed the maximum occupancy
permitted by the Florida Building or Fire
Prevention Code or International Property
Maintenance Code if less than the require-
ments allowed by this section.
(3) The maximum occupancy restrictions set
forth in subsection (1) shall not apply
when the vacation rental is being physi-
cally owner occupied.
(4) If the vacation rental owner has a pre-
existing contract booking a vacation rental
prior to the adoption of this subsection
(d) that exceeds the maximum occupancy
requirements, the vacation rental owner
Supp. No. 30 CD110:70.4
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ZONING § 110-486
shall request in writing that the city
exclude the pre-existing contractual book-
ing from the requirements set forth in
this subsection (d). The written request
must be submitted on a form prescribed
by the city, which shall be submitted
under oath and penalties of perjury, and
provide verifiable proof of the pre-
existing contract, number of occupants
and number of bedrooms. Only verifiable
and pre-existing contracts approved by
the city shall be excluded from the require-
ments of this subsection, and then the
exclusion shall only apply to the specific
date, time and duration of the pre-
existing booking. It is the intent and
purpose of this subsection to allow the
vacation rental owner to honor the terms
and conditions of such pre-existing
contracts entered into prior to the enact-
ment of this subsection (d) that exceed
the maximum occupancy requirements.
(e) Posting of safety and information notice.
(1) In each vacation rental, there shall be
provided and posted, in a prominent,
conspicuous location, the following
minimum written information:
(2) The name, address and phone number(s)
of the vacation rental owner or agent, as
applicable. The phone number required
by subsection (g) must be listed at a
minimum.
(3) The maximum occupancy of the vacation
rental.
(4) The Cape Canaveral address and
telephone number for the Brevard County
Sheriffs Office and Cape Canaveral
Volunteer Fire Department.
(5) A copy of document to be supplied by the
city which includes excerpts from the
City of Cape Canaveral Ordinance provi-
sions of general application relevant to
vacation rentals to include solid waste
pick-up regulations, parking restrictions,
regulations related to sea turtles and sea
turtle lighting, and beach, park and
nuisance regulations. The city will make
available to vacation rental owners and
agents a copy of such document in digital
format upon request, and the city will
post such document on its website.
(6) The maximum number of vehicles that
can be parked at the vacation rental,
along with a sketch of any off-street
parking space locations including any
existing driveway and parking garage.
(7) The days and times of trash pickup.
(8) The location and telephone number of
the nearest hospital.
(9) The location of any additional off -site
parking spaces for occupants and guests
of the vacation rental, if available and
needed.
(f) Inspections.
(1) An inspection of a vacation rental to
verify compliance with the provisions of
this section, the Florida Building Code,
Florida Fire and Life Safety Codes and
International Property Maintenance Code
may be requested by the city on an
annual basis or as needed to address
code compliance issues. Upon such
request, the inspection shall be made by
the city through appointment with the
vacation rental owner or agent, as
applicable. Upon conclusion of the inspec-
tion, the city will inform the vacation
rental owner or agent in writing of any
non-compliance issues that must be
remedied by the vacation rental owner.
(2) If the vacation rental owner or agent, as
applicable, does not make the vacation
rental available for inspection within 20
days after notification by the city, in
writing, that the city is ready to conduct
the inspection, said failure shall constitute
a violation of this section. Such violation
shall continue until the inspection is
accomplished. Each day that such viola-
tion continues shall be a separate viola-
tion.
(3) This section shall not be construed to
limit or restrict the city's authority under
the Florida Building Code, Fire Preven-
Supp. No. 30 CD110:70.5
§ 110-486
CAPE CANAVERAL CODE
tion Code or International Property
Maintenance Code to conduct required
safety and permit inspections nor limit
the city's authority to seek an administra-
tive search warrant under applicable law.
(g) Duties of vacation rental owner to be avail-
able.
(1) The duties and functions of a vacation
rental owner may, at the option of the
vacation rental owner, be performed by a
designated agent of the vacation rental
owner, so long as the vacation rental
owner notifies the city, in writing, on a
designated agent form provided by the
city, of the identity and contact informa-
tion of such agent, and the specific duties
that the agent will be performing for the
vacation rental owner. The vacation rental
owner may change the designation of
agent at any time through the filing of a
new form and the payment of an
administrative fee in an amount as set
by resolution by the city council. A
designated agent may be held account-
able for violations of this section with
respect to the applicable vacation rental
assigned to the agent. However, the vaca-
tion rental owner shall be held responsible
for all actions of such designated agent.
(2) A vacation rental owner or designated
agent, as applicable, shall register a
contact telephone number with the city
which shall be monitored and answered
by the vacation rental owner or designated
agent on a 24-hour a day, seven days a
week basis to respond to police, fire or
other emergency personnel requests, the
needs of occupants staying at the vaca-
tion rental and responding to complaints
regarding the conduct or behavior of
occupants and their guests. The contact
number shall be required to be posted on
the notice required by subsection (e).
Otherwise, a vacation rental owner or
designated agent, as applicable, must
also register a telephone number to
respond to the city's regulatory person-
nel during normal business hours on
Monday through Saturday, 9:00 a.m. to
5:00 p.m.
(3) A vacation rental owner or designated
agent must be willing and able to be
physically present at the vacation rental
for inspections required by this section
and upon notification of code or law
enforcement or fire/EMS personnel for
issues related to the vacation rental, and
shall be physically present within 60
minutes of notification unless otherwise
required by such personnel.
(4) Conduct on -site inspections of the vaca-
tion rental at the end of each rental
period to ensure continued compliance
with the requirements of this section.
(5) Maintain for three years a log of all
bookings of the vacation rental. The log
shall only be required to contain the
booking date of each rental and the
number of occupants on each booking
date. The log shall be available for inspec-
tion by the city to determine compliance
with this section. Nothing herein shall
be construed to require the provision of
any other information in the log includ-
ing any personal information of the
occupants.
(h) Independently renting rooms prohibited.
It shall be unlawful to independently rent or
offer for rent individual rooms or groups of rooms
apart from the entire dwelling unit or house as a
vacation rental.
(i) Commercial use of property; entertainment
venue prohibited. A vacation rental shall not be
used or advertised for any commercial or non-
residential use, including use of the property
primarily as a party, event or entertainment
venue or social hall.
(j) Compliance with codes; enforcement; penal-
ties.
(1) In addition to the provisions of this sec-
tion, vacation rental owners, designated
agents, occupants and guests of the vaca-
tion rental shall comply with the provi-
sions of this section and all other
Supp. No. 30 CD110:70.6
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ZONING § 110-488
applicable local, state and federal laws,
regulations, rules and standards ("Codes").
If violations of such Codes are found,
such violations shall be handled by the
city in the customary code enforcement
manner, and the city may pursue such
code enforcement, administrative and/or
judicial action as deemed necessary and
allowed by law to gain current and future
compliance by the violator.
(2) Any person owning, renting, operating or
using a vacation rental in violation of
this section shall be subject to the penal-
ties set forth in section 1-15 unless
otherwise specifically set forth in the
City Code, and to all applicable enforce-
ment measures and penalties authorized
by law. Any person operating a vacation
rental without registering as required by
this section shall be subject to a penalty
of $100.00 for the first offense, $250.00
for the second offense, and $500.00 for
each subsequent offense thereafter.
(Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 02-2011,
§ 2, 5-17-11; Ord. No. 06-2012, § 2, 4-17-12; Ord.
No. 10-2021, § 2, 3-16-21)
Sec. 110-487. Rental restrictions on dwell-
ing units.
It shall be unlawful for any person to rent a
dwelling for less than seven consecutive days in
any zoning district, excluding hotels and motels
under subsection 110-332(4), vacation rentals in
the C-1 zoning district, and a vacation resort
campus under section 110-490.1.
(Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012,
§ 2, 4-17-12; Ord. No. 10-2013, § 2, 7-16-13)
Sec. 110-488. Assisted living facilities.
Assisted living facilities may only be permit-
ted in the R-3, C-1 and C-2 zoning districts
subject to the following minimum requirements:
(a) Front, side and rear setbacks shall be a
minimum of 25 feet; setbacks from
adjacent residential lot lines shall be a
minimum of 50 feet.
(b) Minimum lot area shall be five acres.
(c) Each assisted living facility unit shall
contain minimum living area of 400 square
feet for single bed units and 700 square
feet for double bed units.
(d) Loading docks and dumpster areas shall
conform to the following:
(1) Loading docks and dumpster areas
shall be directed away from any
residential development adjacent to
the assisted living facility.
(2) Dumpsters shall be visually screened
from public view from an adjacent
public right-of-way or residential
development by fully enclosed screen-
ing that is a minimum of six feet in
height, measured above finished
grade.
(3) Each enclosure shall include a
decorative opaque gate that is a
minimum of six feet in height,
measured above finished grade.
(4) Each dumpster enclosure shall be
constructed as one of the following:
(A) A masonry wall at a minimum
of six feet in height, measured
from finished grade. The
masonry wall shall be
decoratively finished concrete
masonry unit, brick, stucco, pre-
cast panels, split -face block or
other material matching the
exterior of the principal build-
ing.
(B) A combination of fencing and
landscape buffer. Fencing shall
be fabricated from aluminum,
wrought iron, vinyl, brick, or
other approved materials. The
landscape buffer shall be a
minimum of five feet in width,
a minimum of three feet in
height, 50 percent opaque at
planting and capable of attain-
ing a height of six feet and 75
percent opaqueness within 24
months.
Supp. No. 30 CD110:70.7
§ 110-488 CAPE CANAVERAL CODE
(5) The dumpster shall be located so as
to facilitate pickup by solid waste
collection agencies.
(6) The dumpster enclosure shall not
be placed in drainage flow areas.
(7) Adequate reinforced paved areas
shall be provided for the dumpster
and their approaches for loading
and unloading.
(8) No part of a dumpster or materials
stored within the screen area shall
extend above the dumpster
enclosure.
(9) Chain link, painted or unpainted
block walls, barbed wire and wood
are prohibited as part of a dumpster
enclosure.
(Ord. No. 17-2010, § 2, 11-16-10; Ord. No.
02-2016, § 2, 7-19-16)
Sec. 110-489. Pain management clinic
regulations.
(1) Pain management clinics may only be
permitted by special exception in the C-1, C-2
and M-1 zoning districts, subject to the general
conditions for special exceptions and subject to
the following requirements:
(a) State registration. Pain management clin-
ics must be registered with the state if
required by Florida law. If registration is
required by state law, then proof of
registration, application for registration
or letter of exemption must be provided
with the special exception application for
the pain management clinic.
(b) Pain management clinic licensing. Each
pain management clinic shall be oper-
ated by a medical director who is a
Florida -licensed physician, board -certi-
fied in pain medicine, and who shall be
responsible for complying with all require-
ments related to registration and opera-
tion of the clinic. The designated physician
must have a full, active, and
unencumbered license under F.S. ch. 458
or ch. 459, and shall practice at the clinic
location for which the physician has
assumed responsibility. Within ten days
after termination or absence of the medi-
cal director, the clinic must notify the
city of the identity of another medical
director for the clinic.
(c) Separation requirements from similar
uses. There shall be no less than one -half -
mile distance between each pain manage-
ment clinic regardless of the municipal
boundaries of the city.
(d) Separation requirements from schools,
churches and daycare facilities. No pain
management clinic shall be permitted to
locate within 1,000 feet of any public or
private school, church, or daycare facility
and no public or private school, church,
or daycare facility shall be permitted to
locate within 1,000 feet of a pain manage-
ment clinic.
(e) Hours of operation. Pain management
clinics shall only be permitted to operate
between the hours of 9:00 a.m. and 7:00
p.m., Monday through Friday, and 9:00
a.m. to 12:00 p.m. on Saturday.
(f) Requirement for indoor operation and
prohibition on loitering. There shall be
no outdoor seating areas, queues, or
customer waiting areas. All activities of
the pain management clinic; including
sales, display, preparations and storage;
shall be conducted entirely within an
enclosed building. A pain management
clinic shall provide adequate seating for
its patients and business invitees. The
pain management clinic shall not direct
or encourage any patient or business
invitee to stand, sit, gather or loiter
outside of the building where the clinic or
center operates, including in a parked
car, including in any parking areas,
sidewalks, rights -of -way, or neighboring
properties for any period of time longer
than reasonably required for patients to
conduct their official business and depart.
The pain management clinic shall post
conspicuous signs on at least three sides
of the building stating that no loitering is
allowed on the property.
Supp. No. 30 CD110:70.8
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ZONING § 110-489
(g) Vehicular traffic. The pain management
clinic shall ensure that there is no queu-
ing of vehicles in the rights -of -way. No
pain management clinic shall have a
drive -through or drive-in service aisle.
(h) Prohibition of on -site consumption of pain
management drugs, marijuana or alcohol.
No consumption of a pain management
drug, marijuana, or alcoholic beverage
shall be allowed on the premises, includ-
ing in the parking areas, sidewalks, or
rights -of -way.
(i) Parking. Any parking demand created by
a pain management clinic shall not exceed
the parking spaces located or allocated
on site, as required by the city's parking
regulations. An applicant shall be required
to demonstrate that on -site traffic and
parking attributable to the pain manage-
Supp. No. 30 CD110:70.9
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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. 30 CD110:74.1
§ 110-491
CAPE CANAVERAL CODE
(15) All other uses. To be determined by the
city manager or designee, who shall use
the ratios established in this section as a
standard for determining the require-
ments.
(Code 1981, § 641.01(A); Ord. No. 17-2010, § 2,
11-16-10; Ord. No. 06-2020, § 2, 12-15-20)
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 main building site.
(b) Parking spaces for uses other than
residential shall be provided on the same lot or
off -site on an adjacent or different property not
more than 500 feet distance measured from the
nearest point of public entrance to the building
to the nearest point of the off -site parking area.
The availability of off -site parking shall be marked
with directional signage. A convenient pedestrian
connection shall be provided between the proper-
ties.
(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.
(g) Whenever a property owner or owners
desire to propose a shared or off -site parking
arrangement on an adjacent or different property,
the property owner(s) shall submit a written
explanation to the community development direc-
tor explaining how the shared or off -site parking
arrangement will function in a safe and efficient
manner consistent with the requirements of the
City Code. If the community development direc-
tor and city engineer determine that the arrange-
ment will function sufficiently, the arrangement
may be approved by the city subject to the
property owner(s) submitting a written cross
access and parking easement to the community
development director for consideration and
approval by the city. If approved, the easement
shall be recorded in the Official Records of
Brevard County, Florida prior to the shared or
off -site parking arrangement becoming effective
and shall run with the land of the affected
properties. If any party to the easement
withdraws, the affected property owners shall be
required to satisfy the parking requirements
on -site in accordance with the provisions of the
City Code.
(Code 1981, § 641.01(B); Ord. No. 04-2011, § 2,
6-21-11; Ord. No. 06-2013, § 2, 6-18-13; Ord. No.
06-2020, § 2, 12-15-20)
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:
Supp. No. 30 CD110:74.2
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ZONING § 110-495
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
permitted 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
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.
(a) Offstreet parking spaces shall consist of a
minimum paved area of 162 square feet for
parking an automobile, exclusive of access drives
or aisles thereto. The minimum width of each
space shall be nine feet and minimum length
shall be 18 feet.
(b) Compact parking spaces. In parking areas
for seven or more automobiles, up to 30 percent
of the total required parking spaces may be
compact. The minimum width of each space
shall be eight feet and minimum length shall be
16 feet. All compact spaces shall be prominently
marked, posted and oriented to discourage use
by non -compact vehicles.
(Ord. No. 04-2017, § 2, 4-18-17; Ord. No. 06-2020,
§ 2, 12-15-20)
Sec. 110-495. Alternative sustainable
green parking lots.
(a) The city manager or designee may approve
alternative parking requirements and plans for
commercial, industrial, multi -family, and mixed -
use developments in lieu of the standard parking
requirements set forth in the City Code as an
incentive to encourage the construction of sustain-
able green parking lots. Alternative parking
requirements and plans may be approved upon a
finding that the alternative parking require-
ments and plans will not only provide adequate
parking for the affected land uses on the subject
property, but will also result in a more
environmentally green and sustainable parking
lot by demonstrating consistency with the intent
and purpose of this section and compliance with
a significant combination of the following fac-
tors:
(i) The inclusion of facilities for alternative
modes of transportation and vehicles such
as bicycles, motorcycles and compact
vehicles;
(ii) The incorporation of long term shared
parking facilities and arrangements with
affected on -site land uses with varying
parking demands or adjacent properties
that reduce the number of required park-
ing spaces. Shared parking facilities and
off -site parking arrangements with
Supp. No. 30 CD110:74.3
§ 110-495
CAPE CANAVERAL CODE
adjacent or different properties shall be
subject to the requirements set forth in
section 110-492 of the City Code;
(iii) The aesthetic and environmentally
friendly integration of the parking facil-
ity into the surrounding built and natural
environment;
(iv) Management of water as a resource by
promoting infiltration and natural water
retention systems;
(v) Minimizing the heat island effect through
effective and generous shading, reduced
parking spaces and alternative pave-
ment materials;
(vi) Conservation of energy usage by encourag-
ing the placement of sustainable energy
infrastructure such as solar lighting and
low energy usage infrastructure;
(vii) Eliminating excess lighting that can waste
energy, cause light trespass, and dimin-
ish dark sky vistas;
(viii) Creation of focal points that add com-
munity character;
(ix) Providing a suitable growing environ-
ment for generous planting and tree root-
ing areas by implementing safe and
healthy planting practices including, but
not limited to, planting native high grade
plant species, improving soil conditions,
incorporating watering and natural
moisture delivery and drainage systems
to sustain plantings, incorporating biore-
tention areas, and planting plant materi-
als in groups and large swaths to minimize
maintenance and weeding costs.
(b) This section shall be liberally construed to
implement sustainable green parking facilities
within the City of Cape Canaveral in lieu of
traditional, less environmentally friendly park-
ing standards. The design, construction and
maintenance of sustainable green parking lot
facilities shall be governed by commonly accept-
able industry standards for such facilities. The
city manager or designee is hereby authorized to
approve such standards to be utilized by the city
in considering development permit applications
in furtherance of this section.
(Ord. No. 06-2020, § 2, 12-15-20)
Sec. 110-496. Administrative parking
reductions.
(a) Where two or more adjacent nonresidential
uses have distinct and differing peak parking
usage periods, the city manager or designee may
approve a reduction in the required number of
parking spaces provided said reduction is
adequately supported by the findings of a park-
ing generation study prepared by a duly quali-
fied traffic engineer, or based on competent
substantial evidence of parking ratios adopted
and successfully applied by one or more Florida
counties or other municipalities for the specific
use. The maximum reduction may be up to the
number of parking spaces required for the least
intensive use.
(b) Parking areas with more than 20 spaces
may substitute up to five standard parking
spaces or five percent of required automobile
parking with motorcycle spaces. The minimum
width of each space shall be four feet and
minimum length shall be eight feet.
(c) The city manager or designee may grant a
parking reduction for residential and mixed use
developments to allow the reduction of at least
five parking spaces, with the total reduction not
to exceed 15 percent of the required parking. The
city manager or designee may grant a parking
reduction exceeding 15 percent for those uses
that comply with the requirements of
subparagraph (b). Parking reductions are
approved based on the operating characteristics
of a specific use. No person shall change a use of
land that is subject to a parking reduction except
in compliance with the provisions of this section.
(d) The city manager or designee may
determine the minimum parking requirements
for a use which is not specifically referenced in
section 110-491 or for which an applicant has
provided evidence that a specific use is of such a
unique nature that the applicable minimum
parking ratio listed should not be applied. The
determination must be adequately supported by
Supp. No. 30 CD110:74.4
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ZONING § 110-496
the findings of a parking generation study
prepared by a duly qualified traffic engineer, or
be based on competent substantial evidence of
parking ratios adopted and successfully applied
by one or more Florida counties or municipalities
for the specific use.
(e) All off-street parking shall meet the follow-
ing standards:
(i) The use of pervious all-weather hard
surface is encouraged and can reduce the
minimum parking spaces required by
this section by a maximum of ten percent,
provided ten percent or more of the
required parking spaces utilize a pervi-
ous hard surface approved by the city
engineer as an industry acceptable park-
ing standard. In no instance shall this
reduction be combined with any other
allowable reduction that results in more
than a ten percent total reduction of the
minimum required parking spaces. The
installation of a pervious all-weather
surface shall be installed according to
manufacturer's installation guidelines and
good engineering practices as approved
by the city engineer. In any case where a
pervious pavement incentive authorized
in this section is utilized, it shall result
in additional on -site, storage capacity
beyond that which would otherwise be
required.
Example: Minimum required number of
spaces = 100
Spaces paved with pervious surface = 10
(10% of required)
Reduced total number of required spaces
= 90 (10 of which are pervious)
(ii) Parking spaces provided in excess of 110
percent of the minimum required by this
section shall utilize a pervious hard
surface or an alternative parking surface
material provided the spaces comply with
the requirements identified herein and
such surface is approved by the city
engineer as an industry acceptable park-
ing standard.
(iii) Alternative parking surface materials.
(1) Gravel parking surfaces may be
utilized only if all of the following
criteria are met (items a—h):
a. The parking area is used for
any of the following:
i. The number of parking
spaces required is eight
or less; or
ii. The use generates less
than 40 average annual
daily trips (AADT) per
day; or
iii. The parking space(s) are
designated for employee
parking only.
b. Gravel is to be washed stone
size #57 (three -fourths -inch or
larger).
c. Gravel parking spaces requires
the installation of an appropri-
ate sub -grade and drainage
plans approved by the engineer-
ing services manager.
d. Gravel parking lots shall be
designed and constructed such
that siltation resulting from
stormwater run-off does not
enter adjacent properties or
public rights -of -way. The lots
must be designed so as to
prevent loose aggregate or other
materials from leaving the lot.
e. A concrete apron, constructed
as per city standards, shall be
installed from the edge of the
pavement to the property line
for all entrances and exits to
the parking area.
f. 'All drive aisles shall be
concrete, asphalt, or a pervi-
ous all-weather hard surface,
as per city standards.
The area surrounding the
gravel lot shall have a
minimum of a six inch band of
concrete or asphalt, a curb, or
Supp. No. 30 CD110:74.5
g.
§ 110-496 CAPE CANAVERAL CODE
an elevated landscaped area so
as to contain the gravel in the
parking lot.
h. Any required handicapped
parking space shall be paved.
(2) Pervious parking surfaces, includ-
ing gravel, turf or other similar
surface may be permitted with the
written approval of the city manager
or designee upon favorable recom-
mendation of the city engineer in
any of the following circumstances:
a. Uses with intermittent park-
ing such as churches and other
similar establishments. All
required handicapped parking
spaces shall be paved.
b. Parking spaces and vehicle
driving surfaces for parking
areas which are designed as
temporary parking, overflow or
storage lots, or generate less
than 40 average daily trips.
i. A temporary parking lot is any
property, located within any
zoning district which allows
parking lots, that provides
interim parking until
permanent parking for a use is
provided or the site can be
developed.
ii. Overflow parking for this sec-
tion shall mean an area of land
that is either a part of a
development site or not more
than 660 feet distant, as
measured along the nearest
pedestrian walkway, that
provides in excess of 110
percent of the minimum
number of parking spaces
required by this section.
iii. Storage lots are used to park
vehicles that are not moved on
a daily basis (e.g. car dealer-
ships, cruise parking, vehicle
rental companies, or similar
uses).
iv. Drive aisles may be required
to be paved with asphalt,
concrete, paver bricks or
another durable material
approved by the city engineer.
However, the subject lot shall meet
all drainage standards required by
this Code or other regulatory author-
ity. In addition, a scaled plan shall
be submitted clearly indicating the
property owner, entity responsible
for the vehicles parked on the
property, ingress/egress, parking
space layout, drive aisles, adjacent
uses, any landscaping/buffer require-
ments, and a maintenance plan
which includes provisions for trash
or debris removal, erosion control,
and landscape management. The
temporary, overflow, or storage lot
shall conform to the plan and this
section.
(3) Alternative impervious surfaces such
as compacted shell or other similar
surface may be permitted with the
approval of the city manager or
designee upon favorable recom-
mendation of the city engineer in
the following circumstances.
a. Parking spaces and vehicle
driving surfaces for parking
areas which are designed as
temporary or storage lots, or
employee only designated park-
ing areas. Employee only park-
ing areas must be clearly
identified by appropriate sig-
nage.
b. Alternative impervious surfaces
must provide stormwater
attenuation and treatment in
compliance with stormwater
permitting approvals by the
city and other regulatory agen-
cies.
(f) Maintenance of alternative parking surfaces.
(i) Off-street parking areas approved for
gravel surfaces shall be properly
Supp. No. 30 CD110:74.6
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ZONING § 110-520
maintained to prevent the growth of
grass and weeds, potholes and ruts,
uneven gravel surface and gravel spread-
ing outside of the designated parking lot
area.
(ii) Off-street parking spaces approved for
turf surfaces shall be maintained and the
turf kept in good condition and not allowed
to be overgrown or taken over by weeds.
In the event the frequency of parking or
the length of time parked vehicles use
turf surfaces causes the turf to be dam-
aged or destroyed to the extent the grass
ceases to grow, the city may require the
turf to be replaced with durable pervious
material such as turf grid, gravel, porous
asphalt, pervious concrete, or open joint
pavers.
(iii) Evidence of a violation of this subsection
includes, but is not limited to:
a. The settlement or alteration of the
alternative parking surface such that
drainage patterns are redirected onto
off -site properties rather than the
intended stormwater management
facilities.
b. The absence or failed condition of
the approved alternative parking
surface.
c. Introduction of sediment, material
or debris from the alternative park-
ing surface onto city rights -of -way,
easements or neighboring proper-
ties.
(iv) Without limiting any other remedies the
city may legally have to remedy a
maintenance violation under this subsec-
tion, the city may also require the area to
be paved or require the installation of
pervious hard surfaces such as pervious
concrete, porous asphalt, or open joint
pavers to remedy any violation of this
subsection. If paving is deemed neces-
sary by the city, the property owner will
be required to demonstrate compliance
with all drainage standards required by
this Code or other regulatory agency.
(Ord. No. 06-2020, § 2, 12-15-20)
Sec. 110-497. Bicycle parking.
Bicycle parking shall be located in a highly -
visible, active, well -lighted area near a building's
principal entrance and shall not interfere with
pedestrian movements.
(Ord. No. 06-2020, § 2, 12-15-20)
Secs. 110-498-110-505. 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.
Supp. No. 30 CD110:74.7
§ 110-521 CAPE CANAVERAL CODE
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.
(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
*Cross reference —Occupational license tax, § 70-66 et
seq.
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.
Supp. No. 30 CD110:74.8
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ZONING § 110-536
DIVISION 5. SETBACKS
Sec. 110-536. Building setback lines.
(a) The following shall be the minimum build-
ing setback lines along the listed roads:
(1) Highway AlA (portions known as North
Atlantic Avenue and Astronaut
Boulevard). Setback, each side, from the
northern city boundary to the southern
city boundary shall be 50 feet from the
highway right-of-way.
(2) North Atlantic Avenue (that portion of
North Atlantic Avenue also known as
Palm Avenue and S.R. 401). Setback,
each side, from its intersection with
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 determining 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. 30 CD110:74.9
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ZONING § 110-584.1
five feet of the foundation system supporting the
principal structure. Engineering may also be
required on all premanufactured or prefabricated
pools which do not bear product approval from
an accredited testing agency.
(c) Swimming pools which are open and
unenclosed may occupy a required rear or interior
side yard setback, provided they are not located
closer than five feet to a rear lot line or eight feet
to an interior side lot line.
(d) Commercial swimming pools are prohibited
in residential districts.
(e) Swimming pools shall not occupy a required
front or corner side yard setback.
(f) Swimming pools may not be constructed
prior to the construction of the principal build-
ing.
(g) For the purposes of this section, neither
pools nor screened enclosures are considered
structures for the sole purpose of determining lot
coverage. Pools and screen enclosures shall meet
the setback requirements as stipulated elsewhere
in this chapter.
(h) For the purposes of this section, neither
pools nor screened enclosures are considered
structures for the purpose of determining lot
coverage. Pools and screened enclosures are not
permitted in the setback area.
(Code 1981, § 641.47(A); Ord. No. 16-98, § 1,
5-5-98)
Sec. 110-582. Swimming pool barriers.
Swimming pool barriers shall be required
pursuant to F.S. ch. 515, and the Florida Build-
ing Code, as adopted by chapter 82 of this code.
(Code 1981, § 641.47(B); Ord. No..16-98, § 2,
5-5-98; Ord. No. 06-2007, § 4, 10-16-07)
Sec. 110-583. Accessories.
Swimming pool accessories, such as ladders,
slides, pumps and similar items, shall not encroach
into a required yard setback beyond the limits
specified for swimming pools.
(Code 1981, § 641.47(C))
Sec. 110-584. Minimum setbacks.
(a) The minimum setbacks for swimming pools,
enclosures and accessories shall be as follows
and shall be in compliance with the electrical
code as adopted in Chapter 82 of the City of Code
of Ordinances:
(1) Front, 25 feet (see subsection (b) of this
section).
(2) Side (interior lot line), eight feet.
(3) Side (corner lot line), 25 feet; on all
nonconforming lots of record 15 feet (see
subsection (b) of this section.)
(4) Rear, five feet (see subsection (c) of this
section).
(b) See section 110-536 for special setbacks.
(c) In no event shall a swimming pool, screen
enclosure or accessory feature be located within
15 feet of a property line that abuts and runs
parallel to a public street.
(Code 1981, § 641.47(D); Ord. No. 16-98, § 3,
5-5-98)
DIVISION 9. MOBILE FOOD DISPENSING
VEHICLES AND OTHER MOBILE VENDORS
Sec. 110-584.1. Mobile food dispensing
vehicles.
(a) Purpose and intent. The purpose and intent
of this section is to establish land use and zoning
regulations for real property upon which a mobile
food dispensing vehicle is authorized to operate
within the jurisdictional limits of the city. Mobile
food dispensing vehicles, except for those operat-
ing on real property authorized in this section,
are prohibited and unlawful on other real property
not so authorized. This section is neither intended
to prohibit mobile food dispensing vehicles from
operating within the entirety of the city nor
regulate the licensing, registration, permitting
and fees of mobile food dispensing vehicles
preempted by the state under F.S. § 509.102.
(b) Definitions. As used in this section, the
following words and phrases shall have the
following meanings, unless the context clearly
indicates that a difference meaning is intended:
Accessory shall mean clearly incidental or
subordinate to and customary in connection
Supp. No. 30 CD110:81
§ 110-584.1
CAPE CANAVERAL CODE
with the principal building or use on a
developed site and which is located on the
same lot or parcel with such principal building
or use.
City manager shall mean the city manager
or designee thereof.
Developed site shall mean real property
upon which a building and other permanent
improvements have been legally constructed
and which is currently in compliance with all
land development regulations and the City
Code.
Food shall mean all substances commonly
used for human consumption as food, bever-
age, confectionery or condiments, whether
simple, mixed or compound, and all substances
or ingredients used in preparation thereof.
Mobile food dispensing vehicle shall have
the same meaning as that term is defined in
F.S. § 509.102(1), and upon the effective date
of this section means any vehicle that is a
public food service establishment and that is
self-propelled or otherwise moveable from place
to place and includes self-contained utilities,
including, but not limited to, gas, water, electric-
ity, or liquid waste disposal.
Public road shall mean any public right-of-
way for cars and trucks in the city.
Special event shall mean any organized,
temporary public or private celebration or
gathering of people which requires a city
special event permit including by way of
example events relating to athletic contests,
carnivals, fairs, cook -offs, entertainment, danc-
ing, music concerts, dramatic productions, art
exhibitions, parades, fundraisers (such as
religious, charitable, patriotic or philanthropic
events), or the sale of merchandise, food or
alcohol, or any combination of the foregoing.
(c) Authorized locations. Subject to the terms
and conditions set forth in subsection (d), mobile
food dispensing vehicles shall be allowed to
operate within the jurisdictional limits of the
city in the following authorized areas:
(1) As a temporary accessory use on property
which is designated C-1, C-2 or M-1 on
the city's official zoning map.
Supp. No. 30 CD110:82
(2) To deliver food for sale during normal
lunch (approximately 12:00 p.m.) or dinner
(approximately 6:00 p.m.) time to
employees on -site of an existing business
located on property with a zoning designa-
tion of C-1, C-2 or M-1. Sale of food shall
be strictly limited to only the employees
of the business working on -site during
normal business hours of the business.
The sale to any other persons shall be
strictly prohibited unless the sales occur
within an area on which the subject
property owner has obtained site plan
approval for accessory temporary outdoor
sales pursuant to the provisions of this
section. Sales permitted under this subsec-
tion shall be limited to no more than two
hours on any day in which the business
being served is open for employees to
work. The sale of food authorized by this
subsection shall be exempt from subsec-
tions (d)(4) and (d)(6) of this section.
(3) Within a clearly delineated area on city
property or a public road which has been
specifically and temporarily set aside for
a mobile food dispensing vehicle to oper-
ate during a special event which is open
to the general public, provided the event
has been lawfully permitted by the city
and any mobile food dispensing vehicle
has been contractually arranged by the
event organizer to be part of the event.
(4) Within a clearly delineated area on public
or private school property which has
been specifically and temporarily set aside
for a mobile food dispensing vehicle to
operate during a school sponsored event
held entirely on school property which is
open to the faculty and student body,
provided the event has been lawfully
permitted by the city and any mobile
food dispensing vehicle has been
contractually arranged by the school to
be part of the event.
(5) Within a clearly delineated area on private
property which has been specifically and
temporarily set aside for a mobile food
dispensing vehicle to operate during a
special event held entirely on private
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ZONING § 110-584.1
property which is private or open to the
general public, provided the event has
been lawfully permitted by the city and
any mobile food dispensing vehicle has
been contractually arranged by the event
organizer to be part of the event. However,
a mobile food dispensing vehicle shall not
be allowed to operate on any existing
single or multi -family residential use
property unless the property owner
complies with the requirements of subsec-
tion (6).
(6) Within a clearly delineated on -site vehicle
parking surface on an existing single or
multi -family residential property for the
sole purpose of operating during a private
on -site special event held entirely on the
single or multi -family property which is
not open to the general public, provided
the event has been lawfully permitted by
the city and any mobile food dispensing
vehicle has been contractually arranged
by the owner of the single or multi -family
residential property. In addition, a
property owner association of a multi-
family development project may likewise
utilize any suitable common area of a
residential project to hold a private on -
site special event for its residents. A
private property owner shall not permit
a mobile food dispensing vehicle to oper-
ate on their property under this subsec-
tion more than two times in any calendar
year. The hours of operation for special
events authorized under this subsection
shall be limited between 7:00 a.m. and
10:00 p.m.
(d) Conditions of land use and operational
standards. The following land use and operational
standards shall apply to all mobile food dispens-
ing vehicles operating within the city:
(1) When the mobile food dispensing vehicle
will be operating on private property, a
notarized affidavit and indemnification
of the city signed by the property owner
indicating that the vehicle has permis-
sion to operate and vend on the property
shall be submitted to the city. The affidavit
and indemnification must be on a form
approved and provided by the city and
shall also indicate that the property owner
acknowledges the following require-
ments:
a. The property owner shall comply
with all ordinances regarding solid
waste disposal and must provide
the vehicle access to solid waste
collection on the subject property;
b. The property owner shall require
that the vehicle meet all applicable
federal, state and local statutes,
regulations, laws, ordinances, rules
and codes including, but not limited
to, applicable land use and zoning
requirements regarding the subject
property including site plan require-
ments;
c. The property owner shall
acknowledge that the property owner
understands the regulations govern-
ing mobile food dispensing vehicles
and will be held responsible, along
with the vehicle owner, for any code
violations; and
d. The property owner shall ensure
that the property will be continu-
ously maintained in a neat, clean,
and orderly manner; and
e. The property owner shall ensure
the mobile food dispensing vehicle
be limited to operating as a
temporary accessory use on the
subject property.
(2) The subject property must be a developed
site. The subject property must not be
vacant or unimproved.
(3) No more than one mobile food dispensing
vehicle shall be parked or in operation on
a single property at any given time,
except multiple mobile food dispensing
vehicles may be allowed with express
written permission of the city during an
authorized special event or as authorized
by the city council.
(4) A mobile food dispensing vehicle may
operate at a single location up to a
Supp. No. 30 CD110:82.1
§ 110-584.1
CAPE CANAVERAL CODE
maximum of four days per week but no
more than three consecutive days, or if
operation is allowed as part of a special
event permit, said vehicles may operate
in accordance with the duration of the
special event permit.
(5) Except with the express written permis-
sion of the city during an authorized
special event, hours of operation shall be
limited between 7:00 a.m. and 10:00 p.m.
(6) The person in charge of the mobile food
dispensing vehicle when in operation on
the developed site must be present at all
times during hours of operation.
(7) When the mobile food dispensing vehicle
will be operating on private property, the
vehicle must be parked when in opera-
tion within an area on the property
specifically authorized for accessory
temporary outdoor sales on the property
owner's master site plan previously
approved by the city. If the property
owner does not have specific site plan
approval for accessory temporary outdoor
sales on the master site plan, the property
owner shall be required to obtain
supplemental site plan approval pursu-
ant to the minor site plan amendment
review procedure and criteria under
chapter 110, article VI of the City Code
before the mobile food dispensing vehicle
may operate as an accessory use on the
subject property. For purposes of obtain-
ing supplemental site plan approval, the
property owner shall submit a site plan
or detailed sketch depicting the proposed
location of temporary mobile food dispens-
ing vehicle operations; all parking spaces,
entrances and exits to and from the site;
and distances from any buildings or
structures, sidewalks, rights -of -way, fire
hydrants, fire lanes and landscaped areas,
storm drains, and such other information
or documentation deemed by the city to
be reasonably necessary to authorize
outdoor accessory temporary sales on the
subject property in a manner that is
compatible with the existing uses on the
subject property and the surrounding
area and protects the public health, safety
and welfare of the citizens of the city.
The supplemental site plan submittal
requirements required under this subsec-
tion for mobile food dispensing vehicles
are in lieu of the site plan amendment
submittal requirements under section 110-
222 unless major building or
infrastructure improvements are being
proposed to accommodate the mobile food
dispensing vehicles. The mobile food
dispensing vehicle temporary sales area
must be on an approved parking surface.
The approved area must not adversely
affect existing uses on the subject property
or the flow of pedestrian and vehicular
traffic on the developed site. There must
be an adequate number of parking spaces
available for the general public visiting
the developed site. Supplemental site
plan approval granted by the city under
this subsection is subject to being
suspended or revoked pursuant to subsec-
tion (e) or at such time the master site
plan is revoked or modified by the city.
(8) Outdoor dining areas are prohibited
including, but not limited to, tables, chairs,
booths, bar stools, benches, and standup
counters, except if dining areas are allowed
with express written permission of the
city during an authorized special event.
(9) Mobile food dispensing vehicles selling or
dispensing of food to customers in a
moving vehicle or otherwise engaging in
drive -up sales is prohibited.
(10) A mobile food dispensing vehicle shall
not be located on private property upon
which uncorrected code violations exist,
or which is under citation for code viola-
tions.
(11) Mobile food dispensing vehicles and all
materials associated with such vehicles
must physically be moved at least daily
and cannot remain on the subject property
outside the approved hours of operation
unless otherwise allowed by the city for
special events. Overnight parking of
mobile food dispensing vehicles is
Supp. No. 30 CD110:82.2
•
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ZONING § 110-584.1
prohibited unless located within an
enclosed garage or on property zoned for
an authorized open storage use and said
storage complies with any applicable stor-
age requirements set forth in the City
Code.
(12) Mobile food dispensing vehicles shall not
sell alcohol unless specifically approved
as part of a special event or other permit
approved by the city. The alcohol -related
restrictions of Chapter 6 of the City Code
are applicable unless otherwise authorized
by the City Code, or expressly waived by
the city.
(13) The operation of a mobile food dispensing
vehicle must not obstruct or interfere
with vehicular or pedestrian traffic, build-
ing access, fire lanes, crosswalks,
driveways, fire hydrants, loading areas,
stormwater drainage systems, or
landscape buffers associated with the
principal use.
(14) Mobile food dispensing vehicles must not
enter or park upon playgrounds, playing
fields and courts, sidewalks, footpaths or
bicycle paths.
(15) Mobile food dispensing vehicles must not
enter or park upon any "no parking"
area, loading zone, driveway, handicapped
parking space, or designated public safety
lane (e.g., fire lanes) or within 20 feet of a
crosswalk or within 15 feet of a fire
hydrant or storm drainage structure.
(16) No additional signage shall be permitted
on the developed site related to the mobile
food dispensing vehicle except as to sig-
nage permanently affixed and displayed
on the vehicle.
(17) Amplified music or other sounds from
any mobile food dispensing vehicle or
from audio equipment installed on the
developed site by the property owner or
person in charge of the vehicle for purposes
of vending, attracting or encouraging the
congregation of customers shall be
prohibited.
(18) Mobile food dispensing vehicles shall
maintain an appropriate number and
size of operable fire extinguishers.
(19) The operation of a mobile food dispensing
vehicles shall not create or cause nuisance
conditions to include, but not be limited
to, displaying flags or unauthorized sig-
nage, loud noises, visual glare, flashing
or animated lights, shouting or amplified
music or sound, excessive fumes or smoke,
environmental hazards, and any vehicular
or pedestrian hazard.
(20) The grounds around the mobile food
dispensing vehicle and within the vend-
ing space shall be kept free of litter,
trash, paper and waste at all times.
Waste containers shall be provided and
all trash shall be taken with the vehicle
when the vendor leaves or placed inside
a commercial solid waste dumpster
provided by the property owner and in
use and located on the developed site.
(21) Mobile food dispensing vehicles must not
discharge waste, fat, oil, grease or such
other similar substances from the vehicle.
All such substances related to or gener-
ated from the vehicle shall be taken with
the vehicle when vehicle leaves the subject
property and disposed of in accordance
with law.
(22) Mobile food dispensing vehicles shall
comply with all applicable federal, state
and local laws, rules and regulations
including, but not limited to, the standards
specified by Chapter 5K-4.002, Florida
Administrative Code, and the U.S. Food
and Drug Administrative 2001 Food Code,
as such laws, rules and regulations may
be amended from time to time.
(23) A copy of the appropriate license(s) issued
from the Florida Department of Business
& Professional Regulation (Division of
Hotels and Restaurants) shall be
maintained on the mobile food dispens-
ing vehicle at all times when the vehicle
is in operation on real property located
Supp. No. 30 CD110:82.3
§ 110-584.1
CAPE CANAVERAL CODE
within the city, and shall be made avail-
able for inspection upon request by the
city's law or code enforcement officers.
(e) Penalties.
(1) Owners and operators of mobile food
dispensing vehicles, and property owners
on which such vehicles operate, shall be
joint and severally liable for any viola-
tions of this section. The penalty provi-
sions set forth in section 1-15 of the City
Code shall apply to violations of this
section.
(2) In addition to the penalties authorized
by subsection (1), the city manager may
also suspend or revoke the property
owner's site plan approval for accessory
temporary outdoor sales and/or special
event permit, as may be applicable, upon
a finding that a mobile food dispensing
vehicle was operating on the subject
property in violation of this section. Prior
to suspending or revoking the applicable
site plan approval and/or special event
permit, the city manager shall:
(i) Afford the property owner notice of
the violation(s) and a reasonable,
informal opportunity to be heard
regarding the violation(s);
(ii) Consider the property owner's past
record of compliance with this sec-
tion and related laws; and
(iii) Consider the degree of risk to public
health, safety, and welfare arising
from the alleged violation(s) in
evidence.
(3)
(4)
The city manager's decision under subsec-
tion (2) shall be rendered in writing and
shall be deemed final.
Any site plan approval or special event
permit suspended or revoked pursuant to
this subsection shall immediately be void
and of no further use and effect to any
person. If revoked, the property owner
shall be prohibited from seeking
subsequent site plan approval for acces-
sory temporary outdoor sales or a special
event permit for the subject property for
a period of one year from the date of the
revocation.
(5) The operation of a mobile food dispens-
ing vehicle without a valid site plan
approval for accessory temporary outdoor
sales or special event permit (including if
operated during a period of license suspen-
sions or revocation) shall subject the
owner of the property and the owner of
the vehicle and operator thereof to code
enforcement action, civil action, or action
as otherwise allowed by state law or the
City Code.
(Ord. No. 05-2020, § 2, 11-17-20)
ARTICLE X. AlA ECONOMIC
OPPORTUNITY OVERLAY DISTRICT
DIVISION 1. GENERALLY
Sec. 110-585. Introduction.
(1) The AlA Economic Opportunity Overlay
District ("EOOD" or "District") provides guidelines
and standards for public and private develop-
ment projects in commercially zoned areas along
AlA. Consistent with the intent of the 2009
Community Visioning and the 2012 Community
Redevelopment Plan, the District is developed to
promote hospitality related commercial develop-
ment that capitalizes on the economic benefits of
Port Canaveral; provide guidance and direction
in the design of new buildings and rehabilitation
of existing buildings and storefronts in order to
improve their appearance, enhance the cor-
ridor's identity and promote the pedestrian
environment of the District.
(2) All projects within the boundaries of the
District shall comply with the following Design
Guidelines and Development Standards. These
requirements have the overall goal of encourag-
ing compact, pedestrian -oriented developments
and attractive public outdoor spaces. The District
is designed to create a unique identity for the
AlA Corridor with a distinct sense of place while
Supp. No. 30 CD110:82.4
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ZONING § 110-586
attracting new businesses and customers, and
providing for the comfort, convenience, and safety
of workers, residents and shoppers.
(3) The District Design Guidelines and
Development Standards ("Standards") set forth
in this Article shall be in addition to and not in
substitution of the underlying zoning district
regulations and other regulations contained in
this Code which shall also remain applicable to
the District. The District Standards of this
Article will govern development and redevelop-
ment within the District and will control where
conflicts between regulations occur.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No.
07-2015, § 2, 8-18-15)
Sec. 110-586. Boundary and organization.
The boundaries of the District are shown on
Figure 1 and Figure la. The District primarily
consists of properties zoned for commercial, office,
and industrial uses which abut or are in close
proximity to AlA generally extending from the
city limits on the north to E. Grant Avenue on
the south. Whereas the boundaries of the District
are identified on the Figures below, the zoning
boundaries and/or specific zoning districts
represented in Figure la and subsequent Figures
are for reference purposes only; the official City
Zoning Map is maintained within the Com-
munity Development Department.
ECONOMIC OPPORTUNITY OVERLAY DISTRICT
(EOOD)
Figure 1. Economic Opportunity Overlay
District Boundary Map
Supp. No. 30 CD110:82.5
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APPENDIX B-SCHEDULE OF FEES
(e) Site plans:
(1) Fee schedule. The fee schedule for site plan review
shall be:
Code
Amount Section
110-223
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
(i) Vacation rentals: 110-489
(1) Safety inspection fee (per unit) 75.00
(2) Safety reinspection fee (per unit) 50.00
(3) Annual registration fee (per unit):
a. Non -homesteaded 300.00
b. Homesteaded 200.00
(4) Late registration fee 50.00
(5) Ownership/agent transfer fee 50.00
(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; Res. No. 2021-09, § 2, 7-20-21)
Supp. No. 30 CDB:19
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CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
98-31
98-45-98-47
98-60, 98-61
98-66
Added 98-67
09-2017 7-18-17 2 Added 110-470(a)(7)
2017-08(Res.) 7-18-17 2 App. B, Ch. 78, Art.
IV
2017-09(Res.) 7-18-17 2 App. B, Ch. 78, Art.
III
11-2017 8-15-17 2 110-1
110-334(a)
110-343(a)
110-354(a)
110-489
12-2017 8-15-17 2 110-609
2017-15(Res.) 8-15-17 2 App. B, Ch. 2, Art.
VI
App. B, Ch. 82
App. B, Ch. 98
App. B, Ch. 110
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(f)(4)
54-25
78-195
78-413
82-14
82-56
82-382-82-385
92-14
94-62
102-38(a)
Supp. No. 30 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
03-2020 10-20-20 2 2-57, 2-58
3 18-1
05-2020 11-17-20 2 Added 110-584.1
06-2020 12-15-20 2 110-491(15)
110-492
110-494
Added 110-495-110-497
08-2020 12-15-20 2 94-1
Added 94-6(ff)
94-78
3 94-100
09-2021 2-16-21 2 78-26
78-51
78-59
78-60
10-2021 3-16-21 2 110-486
12-2021 4-20-21 2 6-51
2021-09(Res.) 7-20-21 2 App. B, Ch. 110
29-2021 8-17-21 2 46-1
46-26
Rpld 46-27
Rpld 46-30-46-33
30-2021 6-15-21 2 2-300
31-2021 6-15-21 2 62-1
Rpld 62-2
62-3
62-5-62-8
62-11
32-2021 8-17-21 2 2-260
2-262
Supp. No. 30 CCT:30
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STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code, either in the text or notes
following the text, of references to the Florida Statutes.
F.S.
Section
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(f)
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
Supp. No. 30 SLT:1
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
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)(m) 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 90-77 110-490.1
320.823 82-88 509.032(7)(b) 110-486
320.8249 90-88 509.102 110-584.1
Ch. 337 66-1 509.102(1) 110-584.1
339.155 86-29 ch. 515 82-221
366.02 90-50 110-582
370.12 Ch. 14, Art. III ch. 517 10-86
373.036 90-55 - ch. 553 Ch. 82
373.185(1)(b) 110-685 553.36(12) 110-1
376.031 54-9 553.73(5) 90-66
380.04 86-2 553.73(8) 82-400(e)
ch. 381 10-163 553.73(10)(k) 90-50
110-332 553.900 Ch. 82, Art. IX
110-341 556 App. A, Art. III,
110-352 § 13.5
110-609 ch. 561 6-52
381.0065 90-55 6-53
ch. 386, pt. I 10-62 10-108
ch. 399 82-221 chs. 561-568 110-171(a)(2)
402.302 110-1 110-172
ch. 403 78-275 ch. 561 et seq. Ch. 6
403.91 et seq. Ch. 106, Art. II 561.01 6-51
403.413 Ch. 34, Art. II 54-14
403.415 Ch. 34, Art. V 561.01(4)(a) 110-1
Supp. No. 30 SLT:2
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STATE LAW REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
ch. 562 10-108 10-108
562.14 6-26, 6-27 80-1
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
54-25 874.03 2-293
790.001 54-11 877.03 10-86
790.01 18-3 ch. 893 2-293
790.15 50-1 10-108
790.33 54-11 80-1
ch. 791 Ch. 38, Art. IV 893.03 54-25
791.01 54-11 893.13 2-295
110-1 10-86
791.01(4)(b) 38-81 893.138 2-292
110-1 2-293
110-1 2-294
ch. 794 10-90 ch. 895 10-108
Supp. No. 30 SLT:3
CAPE CANAVERAL CODE
F.S. Section
Section this Code
ch. 943 2-284
943.25(13) 50-3
Supp. No. 30 SLT:4
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BIDS AND BIDDING (Cont'd.)
Purchasing generally
See: PURCHASES AND PURCHAS-
ING
BILLBOARDS. See: SIGNS AND
BILLBOARDS
BIRDS. See: ANIMALS AND FOWL
BLIGHT
Property maintenance standards
See: PROPERTY MAINTENANCE
STANDARDS
BLOCKS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
CODE INDEX
Section Section
BOATS, DOCKS AND WATERWAYS (Cont'd.)
2-216 et seq. Outdoor entertainment events
Permit; water craft, use of 10-71
Stormwater drainage
Illicit discharge and connection
Watercourse protection 78-411
Vessel control and water safety
Area of enforcement 54-48
Careful and prudent operation required 54-50
Definitions 54-47
34-91 et seq. Designation of areas of regulated water
activities 54-52
Designating additional areas of
regulated water activities,
procedure for 54-53
Enforcement
Area of enforcement 54-48
Means of enforcement 54-49
Penalties 54-55
Exemptions 54-54
Means of enforcement 54-49
Penalties 54-55
Purpose and findings 54-46
Speed not to be greater than what is
reasonable under the conditions . 54-51
Water safety. See herein: Vessel Control
and Water Safety
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
Zoning regulations
Boats, vessels and boat trailers
Living aboard 110-552
Living or residing in boats, utility
trailers, recreational vehicles
and special purpose vehicles 110-553
Location of 110-551
Parking and storage 110-554
BODIES OF WATER. See: BOATS, DOCKS
AND WATERWAYS
98-1 et seq.
BOARDS, COMMITTEES AND COMMIS-
SIONS
Board of adjustment 110-2
See: LAND DEVELOPMENT CODE
Business and cultural development board 22-26 et seq.
See: BUSINESS AND CULTURAL
DEVELOPMENT BOARD
Code enforcement board 2-256 et seq.
See: CODE ENFORCEMENT BOARD
Code of conduct 2-172
Community appearance review board 22-36 et seq.
See: COMMUNITY APPEARANCE
REVIEW BOARD
Construction board of adjustments and
appeals 82-32 et seq.
Building code. See: LAND DEVELOP-
MENT CODE
Criminal nuisance abatement board 2-292 et seq.
See: CODE ENFORCEMENT
Culture and leisure services board 54-26 et seq.
See: PARKS AND RECREATION
Definitions and rules of construction 1-2
Delegation of authority
Definitions and rules of construction 1-2
Joint authority
Definitions and rules of construction 1-2
Library
Library board 46-26
Planning and zoning board 110-3
See: LAND DEVELOPMENT CODE
Uniform procedures and requirements 2-171
BOATS, DOCKS AND WATERWAYS
Exhaust of motorboats
Noises, enumeration of prohibited 34-153(6)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Litter, throwing in river or other body of
water
BODIES POLITIC AND CORPORATE
Persons; definitions and rules of construc-
tion extended and applied to 1-2
BONDS, SURETY OR PERFORMANCE
Certain ordinances not affected by Code . 1-10(a)(2)
Franchise regulations generally. See:
FRANCHISES (Appendix A)
Purchasing regulations 2-218(9)
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
BOOKS
Library
Established
Library board
46-1
46-26
BOTTLED GAS
Public service tax 70-26 et seq.
34-36 See: TAXATION
Supp. No. 30 CDi:3
CAPE CANAVERAL CODE
Section
BOUNDARIES
Corporate limits
Definitions and rules of construction 1-2
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
BREVARD COUNTY. See: COUNTY
BRIDGES
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
BRUSH. See: WEEDS AND DEAD VEGETA-
TION
98-1 et seq.
BUDGET
City manager
Powers and duties 2-101(4)
BUFFERS AND BUFFERING
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
BUILDINGS. See also: LAND DEVELOP-
MENT CODE
Building appearance and maintenance... 34-98
Building code
Generally 82-31 et seq.
Unsafe building abatement code 82-56 et seq.
Buildings and building regulations
See: LAND DEVELOPMENT
CODE
Building sewers and connections 78-76 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Community appearance review board 22-36 et seq.
See: COMMUNITY APPEARANCE
REVIEW BOARD
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Construction noise 34-154
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Franchise regulations generally. See:
FRANCHISES (Appendix A)
Impact fees 2-231 et seq.
See: IMPACT FEES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Local amendments to Florida Building
Code, Building
Administrative amendments to Florida
Building Code, Building 82-146
Section
BUILDINGS (Cont'd.)
Technical amendments to Florida Build-
ing Code
Building 82-148
Residential 82-147
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Old building sewers 78-80
Parks and recreation
Injuring, interfering with, etc., build-
ings and other property 54-20
Permits and miscellaneous fees
Fees schedule in general. See: FEES
(Appendix B)
Plan checking fee
Fees schedule in general. See: FEES
(Appendix B)
Public service tax 70-26 et seq.
See: TAXATION
Registration and maintenance of proper-
ties in foreclosure 82-116 et seq.
See: PROPERTY
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Weeds and dead vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
BULK CONTAINERS
Solid waste 62-1 et seq.
See: SOLID WASTE
BULKHEADS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
BURGLAR ALARMS. See: ALARM
SYSTEMS
BURNING
Solid waste
BURYING/BURIAL
Solid waste
Trash, rubble or other debris
BUSINESS AND CULTURAL DEVELOP-
MENT BOARD
Advisory capacity
Composition
Definitions
Established
Indebtedness
Purpose and duties
Supp. No. 30 CDi:4
98-1 et seq.
62-11(b)
62-11(c)
34-41
22-34
22-28
22-26
22-27
22-35
22-33
•
•
•
•
•
•
BUSINESSES
Fertilizer land application
Commercial and institutional applica-
tors
Land development code
Zoning
AlA Economic Opportunity Overlay
District
Landscaping; required screening
for commercial parking facili-
ties
Signage; business park/area multi-
user sign
Local business tax
See: TAXATION
Outdoor entertainment events
Local business tax receipt required
Parks and recreation
Commercial beach vendor franchises
Commercial recreational franchises
Sexually oriented businesses, adult
entertainment establishments
Local business tax receipts/home occupa-
tions
Solicitors, peddlers and itinerant vendors
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Solid waste
See: SOLID WASTE
CALLINGS
Local business tax
See: TAXATION
CAMPING
Parks and recreation
Sleeping and camping
Sleeping and camping in public areas and
beaches
CANALS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
CANVASSERS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
CAPE CANAVERAL. See: CITY
CAPITAL EXPANSION PLANS
Impact fee
CAPITAL EXPANSION TRUST FUND
Impact fees
CARS. See: MOTOR VEHICLES AND TRAF-
FIC
CAUSES
Effect of repeal of ordinances
CODE INDEX
Section
92-13
110-690
110-709
70-66 et seq.
10-49
54-5
54-6
10-128
16-26 et seq.
62-1 et seq.
70-66 et seq.
Section
CEMETERIES
Parks and recreation areas 54-1 et seq.
See: PARKS AND RECREATION
CERTIFICATES OF OCCUPANCY
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Sewer impact fee requirements 78-125
CHARTER
Definitions and rules of construction 1-2
CITY
Abandoned property
Compliance with notice or order to
remove; removal by city upon
noncompliance
Disposition of property removed by city
Notification of owner following removal
by city
Redemption prior to sale by city
Corporate limits
Definitions and rules of construction
Definitions and rules of construction
Floodplain management
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Solid waste
Authority of city to collect
Ownership by city
Street excavations
Authority of city
City's right to restore surface
Liability of city
CITY ATTORNEY
54-17 Council
Attendance at meetings
50-4 Duties
98-1 et seq.
CITY CLERK
Duties
34-184
34-186
34-185
34-187
1-2
1-2
90-26 et seq.
62-3
62-4
66-64
66-69
66-62
2-127
2-126
2-116
CITY COUNCIL
City attorney
Duties 2-126
City manager
Powers and duties 2-101(2)
Code of conduct 2-28
Compensation
2-237 Established for councilmembers other
than mayor 2-41
Mayor, established for 2-42
Definitions and rules of construction 1-2
Election 2-26
Eminent domain powers re economic
development 2-70
Mayor
1-9(b) Compensation established for 2-42
2-236
Supp. No. 30 CDi:5
CITY COUNCIL (Cont'd.)
Meetings
Adjournment'
Adoption of motion
Call to order; quorum; roll call
City attorney to attend
Consideration of matters before council
General discussion
Minutes
Ordinances and resolutions
Preparation prior to meeting
Parliamentary procedure
Preparation and notice of agenda
Presiding officer
Regular meetings
Sergeant at arms
Special and emergency meetings
Workshop meetings
Ordinances and resolutions
Preparation prior to meeting
Regular meetings
Special and emergency meetings
Subdivisions
Plats and lot splits
Final plat
Planning and zoning board and
city council review; general
criteria for approval
Uncontested elections
Workshop meetings
CITY MANAGER
Acting city manager
Civil emergencies
Persons authorized to declare
Criminal nuisance abatement board
See: CODE ENFORCEMENT
Powers and duties
CITY TREASURER
Fees schedule in general. See: FEES
(Appendix B)
CIVIL EMERGENCIES
Authority; governor's; president
Definitions
Duration and termination of emergency
Emergency powers and measures
Persons authorized to declare emergency
Sale of goods, services, or materials at
unconscionable prices
Violations and penalties
CLERK. See: CITY CLERK
CLUBS
Persons; definitions and rules of construc-
tion extended and applied to
18-5
18-6
CAPE CANAVERAL CODE
Section
2-69
2-67
2-64
2-127
2-66
2-68
2-65
2-59
2-61
2-60
2-62
2-56
2-63
2-57
2-58
2-59
2-56
2-57
98-61
2-27
2-58
2-102
18-2
2-292 et seq.
2-101
COASTAL CONSTRUCTION
Coastal construction code
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
CODE ENFORCEMENT
Abandoned property
Special magistrate or code enforcement
board hearing procedures 34-183
Additional enforcement powers 2-255.2
Authorization to enter upon property 2-246
Buildings and building regulations
Citations; unlicensed contractors; failure
to obtain building permit 82-375 et seq.
Citations (code enforcement)
Applicable codes, ordinances; class viola-
tion 2-283
Citation powers; personal investiga-
tion; reasonable cause 2-285
Citation program, authorization of 2-282
Classes of violations, penalties 2-291
Form (citation) 2-288
Intent; purpose 2-280
Issuance procedure 2-287
Payment of penalty; court hearings2-289
Training of code enforcement officers 2-284
Violation; penalties; general 2-286
Code enforcement board
Administrative fines; costs of repairs;
and filing of liens 2-252
Administrative rules 2-259
Appeal order 2-255.1
Code board proceedings
Duties, responsibilities and powers . 2-258
Code references to 2-249
Created 2-256
Membership 2-257
Service of notice for proceedings 2-253
Criminal nuisance abatement board
Appeal 2-298
Criminal nuisances established; viola-
tions 2-295
Enforcement procedures; notice; hear-
ing 2-296
Establishment; membership; meetings;
definitions 2-293
18-7 Penalties; fines; liens; recording 2-297
18-2 Powers 2-294
18-4 Purpose and intent 2-292
18-3 Code enforcement officers
18-2 Duties of, generally 2-250
Code lien satisfactions
Application for satisfaction, release, or
reduction, of code enforcement liens 2-260
Definitions 2-247
Enforcement procedures 2-254
Prosecution of violations with no criminal
penalty 2-251
Provisions are supplemental; conflicts with
1-2 state law 2-248
Section
82-88 et seq.
Supp. No. 30 CDi:6
•
•
•
•
•
•
CODE ENFORCEMENT (Cont'd.)
Scheduling and conduct of hearing
Special magistrate
Administrative fines; costs of repairs;
and filing of liens
Appeal order
Code references to
Powers
Proceedings; duties, responsibilities and
powers
Service of notice for proceedings
Special magistrates
CODE OF ORDINANCES*
Altering Code
Amendments to Code
Catchlines of sections
Certain ordinances not affected by Code
Chapters or sections, references to
Code does not affect prior offenses, rights,
etc.
Definitions and rules of construction
Effect of repeal of ordinances
General penalty; attorneys' fees and costs
History notes
How Code designated and cited
Provisions considered as continuation of
existing ordinances
References and editor's notes
Severability of parts of Code
Supplementation of Code
CODES
Boards, committees and commissions; code
of conduct
City council; code of conduct
City election code adopted
Local amendments to Florida Building
Code, Building 82-146 et seq.
See: BUILDINGS
Technical codes. See that subject
CODE INDEX
Section
COMMUNITY APPEARANCE REVIEW
2-255 BOARD
Board
Established
2-252 Membership
2-255.1 Proceedings of the board
2-249 Qualifications of members
2-262 Compliance with other code provisions.
Concept plans
Permits
Appeals and review
Application criteria
Approval prerequisite for permits
Building permits; enforcement
Notice of approval or denial
Procedure
Statement of findings and purpose
2-263
2-253
2-261
1-7
1-6
1-14
1-12
COMMITTEES AND COMMISSIONS. See:
BOARDS, COMMITTEES AND COM-
MISSIONS
2-172
2-28
26-1
COMMUNICATION SERVICES
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Public service tax
Generally 70-26 et seq.
See: TAXATION
*Note —The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other mat-
ters pertaining to the use, construction and interpretation of
this Code are contained in the adopting ordinance and
preface which are to be found in the preliminary pages of this
volume.
Section
22-37
22-37
22-39
22-37
22-41
22-45
22-46
22-44
22-40
22-47
22-43
22-42
22-36
COMMUNITY DEVELOPMENT
Business and cultural development board 22-26 et seq.
Community appearance review board 22-36 et seq.
Community redevelopment
Redevelopment trust fund 22-50
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
COMPETITIVE BIDS
Purchasing
See: PURCHASES AND PURCHAS-
ING
COMPREHENSIVE PLAN
Local planning agency
Designation of agency, department, com-
mittee or person to prepare
comprehensive plan
CONCURRENCY MANAGEMENT SYSTEM
Fees schedule in general. See: FEES
(Appendix B)
Land development code regulations
See: LAND DEVELOPMENT CODE
Sanitary sewer system
See: SEWERS AND SEWAGE
DISPOSAL
2-216 et seq.
58-58
86-1 et seq.
78-26 et seq.
CONNECTIONS
Sewer connections 78-27 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
CONSTRUCTION
Coastal construction code
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
Construction site stormwater runoff control
Definitions
Design requirements
Emergency exemption
Enforcement, inspections and penalties
Erosion and sediment control plan
Supp. No. 30 CDi:7
82-88 et seq.
90-200
90-204
90-207
90-206
90-203
CONSTRUCTION (Cont'd.)
Inspection
Permits
Review and approval
Solid waste
Unlawful acts
Construction and demolition debris
Stormwater drainage
Illicit discharge and connection
Industrial or construction activity
discharges
CONTRACTORS
Local business tax
Contractors and subcontractors
Special requirements for
CONTRACTS AND AGREEMENTS
Certain ordinances not affected by Code
City attorney
Duties
Code does not affect prior contracts
establishing or occurring
Franchise agreements
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code
Concurrency management system
Transportation facility proportion-
ate fair -share mitigation
program
Proportionate fair -share agree-
ments
Purchasing
See: PURCHASES AND PURCHAS-
ING
Right-of-way use agreements
Vested rights agreements
CORPORATE LIMITS
Definitions and rules of construction
COUNCIL. See: CITY COUNCIL
COUNTY
Animal control ordinance
See: ANIMALS AND FOWL
Definitions and rules of construction
Floodplain management
See: LAND DEVELOPMENT CODE
CAPE CANAVERAL CODE
Section
90-205
90-201
90-202
62-11(g)
Section
CULTURAL DEVELOPMENT. See: BUSI-
NESS AND CULTURAL DEVELOP-
MENT BOARD
CYCLONES
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
D
78-408 DANCING AND DANCEHALLS
Alcoholic beverage establishments
Nudity on premises
DEBRIS. See also: SOLID WASTE
70-85 Burial of debris
6-27
34-41
DEDICATIONS
1-10(a) Land development code regulations re
zoning 110-26 et seq.
2-126(6) See: LAND DEVELOPMENT CODE
Plats or subdivisions
1-8 Certain ordinances not affected by Code 1-10(a)(12)
66-1
86-28
2-216 et seq.
DEEDS
Certain ordinances not affected by Code . 1-10(a)(2)
DELEGATION OF AUTHORITY
Definitions and rules of construction
1-2
DENSITY
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
DEPARTMENTS AND OTHER AGENCIES
OF CITY. See also: BOARDS, COMMIT-
66-1 TEES AND COMMISSIONS
115-10 City manager
Powers and duties 2-101(6)
Definitions and rules of construction 1-2
Delegation of authority
Definitions and rules of construction 1-2
Fire department 38-56 et seq.
See: FIRE PREVENTION
14-26 et seq. Joint authority
Definitions and rules of construction 1-2
1-2 Local planning agency 58-56 et seq.
90-26 et seq. See: PLANNING AND DEVELOPMENT
Police department 42-26
Stormwater drainage
Illicit discharge and connection
Authorized enforcement agency 78-401
1-2
COURTS
Code enforcement citations
Payment of penalty; court hearings2-289
Costs for police education and training
Kelo vs. City of New London court deci-
sion re economic development and
eminent domain
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
50-3 DEVELOPMENT DISTRICTS
Land development code regulations re
zoning 110-26 et seq.
2-70 See: LAND DEVELOPMENT CODE
DEVELOPMENT. See: PLANNING AND
DEVELOPMENT
Supp. No. 30 CDi:8
•
•
•
•
•
•
DISCHARGES
Sewers
See: SEWERS AND SEWAGE
DISPOSAL
DISCRIMINATION
Fair housing
Discriminatory practices
See: HOUSING
Gas franchise agreement. See:
FRANCHISES (Appendix A)
CODE INDEX
Section
78-96 et seq.
36-21 et seq.
DISTRICTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
DRAINS AND DRAINAGE
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
DRUNKS AND DRUNKENNESS
Alcoholic beverages 6-1 et seq.
See: ALCOHOLIC BEVERAGES
DUNES
Parking prohibited 74-59
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
EARTHQUAKES
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
EASEMENTS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
ECONOMIC DEVELOPMENT
Eminent domain powers of council re ....
ELECTIONS
Certain ordinances not affected by Code
Early voting exemption
Penalties for violations
Qualifying period
Generally
State election code adopted
98-1 et seq.
2-70
1-10(a)(16)
26-5
26-2
26-3
26-1
ELECTRICITY
Fees schedule in general. See: FEES
(Appendix B)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Public service tax
See: TAXATION
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
EMERGENCIES
Civil emergencies
See: CIVIL EMERGENCIES
Construction site stormwater runoff control
Emergency exemption
Emergency pad -mounted generators
Zoning requirements
Fire protection services; emergency medi-
cal services
Floodplain management
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code
Signs; emergency response system
Outdoor entertainment events
Permit; emergency suspension or cancel-
lation of permitted outdoor
entertainment event
Purchase
Sanitary sewer system
Termination of service and emergency
Services
Alarm systems
See: ALARM SYSTEMS
Fees schedule in general. See: FEES
(Appendix B)
Street excavations
EMINENT DOMAIN
Re economic development
EMPLOYEES. See: OFFICERS AND
EMPLOYEES
ENCROACHMENT
Property maintenance standards
See: PROPERTY MAINTENANCE
STANDARDS
ENGINEER. See: CITY ENGINEER
ENGINEERS AND ENGINEERING
Street excavations
Engineering details
Section
70-26 et seq.
94-1 et seq.
18-1 et seq.
90-207
110-484
38-56
90-26 et seq.
94-77
10-77
2-221
78-58
30-26 et seq.
66-70
2-70
34-91 et seq.
66-66
ENGINES
Discharge into open air of exhaust
Noises, enumeration of prohibited 34-153(6)
ENTERTAINMENT. See: AMUSEMENTS
AND AMUSEMENT PLACES
Supp. No. 30 CDi:9
ENVIRONMENT
Abandoned property
See: ABANDONED PROPERTY
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Lights 34-206 et seq.
See: LIGHTS AND LIGHTING
Litter 34-26 et seq.
See: LITTER
Noise 34-151 et seq.
See: NOISE
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Weeds and dead vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
CAPE CANAVERAL CODE
Section
34-176 et seq.
EXCAVATIONS
Building sewers 78-83
Fees schedule in general. See: FEES
(Appendix B)
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
EXHAUST
Discharge into open air
Noises, enumeration of prohibited
EXPLOSIONS/EXPLOSIVES
Civil emergencies
See: CIVIL EMERGENCIES
Fireworks
See: FIREWORKS
F
FALSE ALARMS. See: ALARM SYSTEMS
FALSE STATEMENTS
Receipt application
FEDERAL GOVERNMENT
Federal utilities commission
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Supp. No. 30
34-153(6)
18-1 et seq.
38-81 et seq.
70-73
FEDERAL GOVERNMENT (Cont'd.)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Interpret law
City attorney
Duties
Vehicles for hire
Application of provisions to vehicle,
operator regulator by federal
government
FEES
Alarm systems
Fees charged
Permit fees
Certain ordinances not affected by Code
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Impact fees
See: IMPACT FEES
Outdoor entertainment events
Permit; fees and deposits
Parks and recreation
Commercial beach vendor franchises
Franchise fee
Promulgation of rules; city fees; preexist-
ing rules; conflicts with rules;
enforcement and penalties
Property
Registration and maintenance of proper-
ties in foreclosure
Registration fees
Sewer fees where owner has private water
supply
Sexually oriented businesses, adult
entertainment establishments license
Annual license fee
Application; fee
Solid waste
Schedule of fees
Street excavations permit fee
Vehicles for hire
Driver's permit fee
Fees to be in addition to other taxes and
charges
Section
2-126(3)
80-2
30-31
30-27
1-10(a)(7)
2-231 et seq.
10-73
54-5(c)
54-24
82-119
78-154
10-103
10-95
62-5
66-83
80-55
80-3
FENCES, WALLS, HEDGES AND
ENCLOSURES
Flood resistant development 90-102 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
FERTILIZER LAND APPLICATION
Appeals
Applicability
Application practices
CDi:10
92-15
92-3
92-9
•
•
•
•
•
CODE INDEX
Section Section
FERTILIZER LAND APPLICATION (Cont'd.)
Commercial and institutional applicators 92-13
Definitions 92-2
Enforcement and monitoring 92-14
Exemptions 92-11
Fertilizer content and application rates 92-8
Fertilizer free zone 92-6
Low maintenance zone 92-7
Management of grass clippings and vegeta-
tive matter 92-10
Responsibility for administration 92-4
Short title; purpose and objectives 92-1
Timing of fertilizer application 92-5
Training 92-12
FINANCES
Building sewers
Cost of installation 78-78
Certain ordinances not affected by Code 1-10(a)(2)
City reserves, reclassification of 2-209
Court costs for police education and train-
ing 50-3
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Fund balance/retained earnings reserves,
creation of 2-208
Fund balance policy 2-210
Annual review and determination of 2-212
Impact fees 2-231 et seq.
See: IMPACT FEES
Personal property control 2-207
Supp. No. 30
CDi:10.1
•
•
CODE INDEX
FRANCHISES (Appendix A) (Cont'd.)
Schedules and routes
Scope of work
Sovereign immunity
Storms; hurricanes; natural disasters;
calamities
Time of the essence
Title to refuse
Transfer of ownership or control
FRANCHISES (Generally)
Certain ordinances not affected by Code . 1-10(a)(4)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Parks and recreation
Commercial beach vendor franchises
Commercial recreational franchises
Streets, sidewalks and other public ways
Franchise agreements 66-1
FRAUD
Solicitors, peddlers and itinerant merchants
F.S. (Florida Statutes)
Definitions and rules of construction
FUEL GAS. See: GAS
FUEL OIL
Public service tax
See: TAXATION
G
Section Section
GRADES AND GRADING (Cont'd.)
VI-6.0 Street excavations 66-61 et seq.
VI-4.0 See: STREETS, SIDEWALKS AND
VI-28.0 OTHER PUBLIC WAYS
Street grades
VI-21.0 Certain ordinances not affected by Code 1-10(a)(10)
VI-27.0 Tree protection, land clearing 102-36 et seq.
VI-29.0 See: LAND DEVELOPMENT CODE
VI-13.0
16-30
GUTTERS
Litter, sweeping into gutters prohibited .. 34-31
H
HANDBILLS
54-5 Litter regulations 34-51 et seq.
54-6 See: LITTER
HARASSMENT
Solicitors and itinerant merchants
Harassment prohibited 16-28
HAZARDOUS MATERIALS AND
SUBSTANCES
1-2 Fire prevention regulations re 38-90 et seq.
See: FIRE PREVENTION
Solid waste generally 62-1 et seq.
See: SOLID WASTE
Specifically 62-11(d)
HEALTH AND SANITATION
Abandoned property 34-181 et seq.
See: ABANDONED PROPERTY
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Solid waste 62-1 et seq.
See: SOLID WASTE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Weeds and dead vegetation 34-121 et seq.
70-26 et seq. See: WEEDS AND DEAD VEGETA-
TION
1-2
70-26 et seq.
GARAGE SALES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
GARBAGE AND TRASH. See: SOLID WASTE
GAS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Public service tax
See: TAXATION
GENDER
Defmitions and rules of construction
GENERATORS
Emergency pad -mounted generators
Zoning requirements
GIFTS
Purchasing procedure
GLASS CONTAINERS
Parks and recreation
GRADES AND GRADING
Concurrency management
See: LAND DEVELOPMENT CODE
Floodplain management
See: LAND DEVELOPMENT CODE
110-484
2-226(b)
54-22
86-1 et seq.
90-26 et seq.
HEIGHT
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Outdoor entertainment events
Permit; temporary structures; integrity,
height, location 10-69
HOME OCCUPATIONS
Construction noise 34-154
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Sexually oriented businesses, adult
entertainment establishments
Local business tax receipts/home occupa-
tions 10-128
Supp. No. 30 CDi:13
HOOTING
Noises, enumeration of prohibited
HORNS
Noises, enumeration of prohibited
HOUSING
Fair housing
Additional remedies 36-6
Administrator authority and
responsibilities 36-3
Complaints 36-4
Declaration of policy 36-1
Definitions 36-2
Discriminatory practices
Exemptions and exceptions 36-22
Unlawful housing practices 36-21
Education and public information 36-7
Penalty 36-9
Processing complaints 36-5
Untruthful complaints or testimony 36-8
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code
Zoning
Rental restrictions on dwelling units 110-487
Vacation rentals 110-486
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public service tax
Generally 70-26 et seq.
See: TAXATION
Registration and maintenance of proper-
ties in foreclosure 82-116 et seq.
See: PROPERTY
HURRICANES
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
I
IMPACT FEES
Capital expansion plans
Capital expansion trust funds
Collection; deposit
Established
Use
Certain ordinances not affected by Code
Exemptions
Fees schedule in general. See: FEES
(Appendix B)
Land development code
Concurrency management system
Transportation facility proportion-
ate fair -share mitigation
program
Impact fee credit for proportion-
ate fair -share mitigation
Levy and purpose
2-237
2-236(b)
2-236(a)
2-236(c)
1-10(a)(18)
2-232
CAPE CANAVERAL CODE
Section Section
IMPACT FEES (Cont'd.)
34-153(4) Partial waiver authorized 2-235
Payment 2-234
34-153(1) Sanitary sewer impact fees 78-121 et seq.
See: UTILITIES
Schedules 2-233
Sewers 78-121 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
IMPRISONMENT. See: PRISONS AND
PRISONERS
IMPROVEMENTS. See: PUBLIC WORKS
AND IMPROVEMENTS
INDECENCY AND OBSCENITY
Sexually oriented businesses, adult
entertainment establishments 10-86 et seq.
Obscenity; indecent exposure unlawful 10-89
INDIVIDUALS
Persons; definitions and rules of construc-
tion extended and applied to 1-2
INSPECTIONS
Building inspection service 82-21
Building sewers
Notice for 78-79
Construction site stormwater runoff control
Enforcement, inspections and penalties
Inspection
Floodplain management
See: LAND DEVELOPMENT CODE
Land development code
Zoning
Vacation rentals
Inspections
Property
Registration and maintenance of proper-
ties in foreclosure
Mortgagee inspection requirements . 82-120
Reinspection fees
Fees schedule in general. See: FEES
(Appendix B)
Signs
Land development code regulations ... 94-1 et seq.
See: LAND DEVELOPMENT CODE
Street excavations 66-63
Streets, sidewalks and other public ways
Excavations; permit
Inspections 66-85
Vehicles for hire, mechanical inspections80-76(d)
INSURANCE AND INSURANCE
COMPANIES
Fireworks
Franchise regulations in general. See:
FRANCHISES (Appendix A)
86-27 Outdoor entertainment events
2-231 Permit insurance requirements
Supp. No. 30 CDi:14
90-206
90-205
90-26 et seq.
110-486
110-486(f)
38-86
10-63
•
•
•
•
•
INSURANCE AND INSURANCE
COMPANIES (Cont'd.)
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Vehicles for hire
CODE INDEX
Section Section
94-1 et seq.
80-5
Supp. No. 30 CDi:14.1
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Dedication
Stormwater management 90-191
Design standards
Stormwater management 90-161 et seq.
See herein: Floods
Subdivisions 98-106 et seq.
See herein: Subdivisions
Detention and retention areas
Banks of 90-172
Configuration of shoreline of 90-174
Stormwater management 90-162
Development
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Districts
Zoning districts. See herein: Zoning
Drainage
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Stormwater management
Compatibility with adjacent systems 90-171
Subdivision improvements 98-91
Easements
Subdivision design standards 98-108
Electronic signs 94-78
Elevation, floodproofing and siting
Subdivision improvements 98-88
Enforcement 94-105
Final acceptance of work
Subdivisions 98-94
Floodplain management 90-26 et seq.
See herein: Floods
Floods
Floodplain management
Administration
Applicability
Abrogation and greater restric-
tions 90-37
Areas to which this article
applies 90-33
Basis for establishing flood
hazard areas 90-34
General 90-32
Interpretation 90-38
Other laws 90-36
Submission of additional data
to establish flood hazard
areas 90-35
Coordination with the Florida
Building Code 90-29
Disclaimer of liability 90-31
Duties and powers of the
Floodplain Administrator
Applications and permits 90-41
Designation 90-39
LAND DEVELOPMENT CODE (Cont'd.)
Floodplain management records
General
Inspections
Modifications of the strict
application of the require-
ments of the Florida Build-
ing Code
Notices and orders
Other duties of the floodplain
administrator
Substantial improvement and
substantial damage
determinations
Inspections
Buildings, structures and facili-
ties exempt from the
Florida Building Code
Final inspection
Lowest floor inspection
Development other than build-
ings and structures
General
Manufactured homes
Intent
Permits
Application for a permit or
approval
Buildings, structures and facili-
ties exempt from the
Florida Building Code
Expiration
Floodplain development permits
or approvals
Other permits required
Permits required
Suspension or revocation
Validity of permit or approval
Scope
Site plans and construction docu-
ments
Additional analyses and
certifications
Information for development in
flood hazard areas
Information in flood hazard
areas without base flood
elevations (approximate
Zone A)
Submission of additional data
Title
Variances and appeals
Appeals
Conditions for issuance of vari-
ances
Considerations for issuance of
variances
Functionally dependent uses
General
Historic buildings
Supp. No. 30 CDi:17
90-47
90-40
90-45
90-43
90-44
90-46
90-42
90-62
90-64
90-63
90-61
90-60
90-65
90-28
90-51
90-50
90-53
90-49
90-55
90-48
90-54
90-52
90-27
90-58
90-56
90-57
90-59
90-26
90-67
90-73
90-72
90-71
90-66
90-70
LAND DEVELOPMENT CODE (Cont'd.)
Limitations on authority to
grant variances
Restrictions in floodways
Violations
Authority
Provisions re
Unlawful continuance
Warning
Definitions
Flood resistant development
Buildings and structures
Buildings and structures
seaward of the coastal
construction control line .
Design and construction of
buildings, structures and
facilities exempt from the
Florida Building Code
Manufactured homes
Anchoring
Elevation
Elevation requirement for
certain existing
manufactured home parks
and subdivisions
Enclosures
Foundations
General
General elevation requirement
Utility equipment
Other development
Concrete slabs used as parking
pads, enclosure floors,
landings, decks, walkways,
patios and similar non-
structural uses in coastal
high hazard areas (Zone
V)
Decks and patios in coastal high
hazard areas (Zone V)
Fences in regulated floodways
General requirements for other
development
Nonstructural fill in coastal high
hazard areas (Zone V)
Other development in coastal
high hazard areas (Zone
V)
Retaining walls, sidewalks and
driveways in regulated
floodways
Roads and watercourse cross-
ings in regulated flood -
ways
Recreational vehicles and park
trailers
Permanent placement
Temporary placement
CAPE CANAVERAL CODE
Section
Section
LAND DEVELOPMENT CODE (Cont'd.)
Site improvements, utilities and
90-68 limitations
90-69 Limitations on
Placement of fill 90-86
90-75 Sites in coastal high hazard
90-74 areas (zone v) 90-87
90-76 Sites in regulatory flood-
90-30 ways 90-85
90-77 Minimum requirements 90-82
Sanitary sewage facilities 90-83
Water supply facilities 90-84
Subdivisions
Minimum requirements 90-80
90-79 Subdivision plats 90-81
Tanks
Above -ground tanks
Elevated 90-100
Not elevated 90-99
Tank inlets and vents 90-101
Underground tanks 90-98
Maintenance
Stormwater management 90-191 et seq.
See within this subheading: Storm -
water Management
Performance standards
Stormwater management 90-146 et seq.
See within this subheading: Storm -
water Management
Permits
Stormwater management 90-131 et seq.
See within this subheading: Storm -
water Management
Stormwater management
Definitions 90-116
Design standards
Accommodation of stormwaters
onsite and offsite 90-167
Alteration of natural surface
waters 90-173
Banks of detention and retention
areas 90-172
Best management practices 90-163
Certification 90-169
90-102 Compatibility with adjacent drain-
age system 90-171
90-109 Compliance with county or city
stormwater management
master plan 90-164
90-108 Configuration of shoreline of deten-
tion and retention areas 90-174
Configurations creating stagnant
90-104 water conditions 90-166
Conformance to standards 90-161
Construction methods and materi-
90-105 als 90-180
Control elevation 90-181
Detention and retention system90-162
90-97 Directing runoff 90-165
90-96 Discharge volumes, notification of 90-179
90-78
90-90
90-91
90-93
90-94
90-89
90-88
90-92
90-95
90-106
90-107
90-103
Supp. No. 30 CDi:18
•
•
•
•
•
LAND DEVELOPMENT CODE (Cont'd.)
Native vegetation buffers
Natural surface waters used as
sediment traps
Phased developments
Proper functioning
Surface water channeled into
sanitary sewers
Water reuse and conservation
Enforcement and penalties
Maintenance
Applicant as acceptable entity
Dedications
Failure to maintain
Inspection
Maintenance by approved entity
Acceptable responsible entity
Phased projects
Plan for operation and
maintenance program
Performance standards
Computation
Rainfall intensity
Water quality requirements
Water quantity requirements
Permit
Application
Information required
Plan required
Exemptions
Required
Previous approvals, standards of
Purpose and intent
Relationship to other stormwater
management requirements
Variances
Grading code. See herein: Excavation and
Grading Code
Ground signs 94-64(f), 94-84
Hardship variances
Subdivisions
Hazardous signs
Height
Signs
Home occupation signs
Implied consent
Ingress or egress
Signs, obstruction of
Inspections
Signs
By administrator
Generally
Stormwater management
Subdivisions
See herein: Subdivisions
Land clearing
Tree protection 102-36 et seq.
See herein: Tree Protection
Landscaping
List of recommended landscaping plants 102-44
Supp. No. 30 CDi:19
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
90-177 Lights and lighting
Signs 94-63
90-175 Location
90-178 Measurements
90-168 Signs 94-64(e)
Lots
90-170 Subdivision design standards 98-107
90-176 M-1 Light Industrial and Research and
90-120 Development District. See also herein:
Zoning
90-192(c) Signs 94-99
90-191 Maintenance
90-194 Stormwater management 90-191 et seq.
90-195 See herein: Floods
Master plans
90-192(a) Stormwater management, compliance
90-192(b) with city or county master plan 90-164
Measurement and placement
90-193 Signs 94-64
Mitigation
90-146 Wetlands protection 106-31
90-147 Native vegetation buffers
90-149 Stormwater management 90-177
90-148 Natural surface waters
Alteration of 90-173
Sediment traps, used as 90-175
90-134 Obstructions
90-133 Signs, obstruction of free ingress or
90-132 egress; standpipes/fire escapes 94-6(b)
90-131 Off -premises signs 94-6(f), 94-80
90-119 Open burning
90-117 Natural cover 102-42
Open space
90-118 Concurrency management
90-121 Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Parks and recreation areas
Concurrency management
98-4(a) Generally 86-1 et seq.
94-62(b) See herein: Concurrency Manage-
ment
94-64(e) Performance standards
94-83 Stormwater management
94-110 See herein: Floods
Permanent markers
94-6(b) Subdivision improvements
Permit numbers
Signs, display of
94-36 Permits
94-37 Concurrency management
90-195 Conditional approval of development
98-80 et seq. orders of permits
Signs
See herein: Signs
Stormwater management permit
See herein: Floods
Subdivision construction permit
See herein: Subdivisions
90-146 et seq.
98-87
94-64(d)
86-12
94-31 et seq.
90-131 et seq.
98-69 et seq.
LAND DEVELOPMENT CODE (Cont'd.)
Tree protection, land clearing
Permitted uses
Wetlands protection
Phased developments
Stormwater management
Planning and zoning board
Subdivisions
Powers of 98-3
Preliminary plat
Review by planning and zoning
board, city council 98-46
Plats
Subdivision plats 98-31 et seq.
See herein: Subdivisions
Portable signs 94-6(d)
Potable water systems
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Subdivision design standards 98-112
Prohibited uses
Wetlands protection 106-30
Projecting signs 94-79
Property maintenance code 82-221 et seq.
See herein: Buildings and Building
Regulations
Public facilities
Concurrency management
Criteria for evaluation of levels of
service of 86-6
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Public sites and open spaces
Subdivision design standards 98-109
R-1 Low Density Residential District. See
also herein: Zoning
Signs 94-96
R-2 Medium Density Residential District
See also herein: Zoning
Signs 94-97
R-3 Medium Density Residential District
See also herein: Zoning
Signs 94-98
Rainfall intensity
Stormwater management 90-147
Records
Concurrency management
Cumulative level -of -service records . 86-10
Remedies
Subdivisions 98-6
Reuse
Water reuse 90-176
Revegetation
Tree protection 102-43
Rights -of -way
Signs on 94-6(c)
Supp. No. 30
CAPE CANAVERAL CODE
Section
102-39,102-40
106-29
90-178
LAND DEVELOPMENT CODE (Cont'd.)
Roadways
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Sanitary sewer system
Generally
See: SEWERS AND SEWAGE
DISPOSAL
Subdivision design standards
Sediment traps
Natural surface waters used as
Setbacks
Signs
Severability
Sewers
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Subdivision improvements
Shopping centers or multi -tenant centers
Signs
Shopping center or multi -tenant
center in any district; public/
recreation buildings
CDi:20
Section
86-1 et seq.
78-26 et seq.
98-113
90-175
94-64(e)
94-120
86-1 et seq.
98-90
94-100
Signs
Abandoned signs 94-62(a)
Administrator 94-3
Inspection by 94-36
Aesthetic requirements of signs 94-65
Awnings and canopies 94-82
C-1 Low Density Commercial District,
C-2 Commercial.Manufacturing
District and M-1 Light Industrial
and Research and Development
District
Conformance to provisions
Definitions
Electronic signs
Emergency response system
Enforcement
Exemptions
Fees
Inspections and permits 94-35
Ground signs 94-84
Hazardous signs 94-62(b)
Home occupation signs 94-83
Identification 94-8
Implied consent 94-110
Inspection
By administrator
Fees
Notice for
Lighting
Maintenance, notice to repair
Measurement and placement, criteria
and standards for
Area 94-64(a)
94-99
94-7
94-1
94-78
94-77
94-105
94-4
94-36
94-35
94-37
94-63
94-10
•
•
•
•
•
LAND DEVELOPMENT CODE (Cont'd.)
Combinations of signs
Corner lots
Display of permit number
Ground signs
Height, setback and location measure-
ments
Size limits
Nonconforming signs
Exceptions and appeals
Generally
Incentives
Pole signs —Termination by
amortization
Repair and maintenance
Signs of a temporary nature —
Amortization
Termination by abandonment...
Termination by damage or destruc-
tion
Termination by redevelopment
Off -premises signs
Generally
Temporary off -premises signs
Penalty for violation
Permits
Application for; review time limits
Fees
Issuance of
Required
Revocation of
Placement
Restrictions on
Prohibited signs and features
Air -inflated devices
Animated signs
Balloon display
Certain motor vehicles, signs on
Composition
Dilapidated signs
Discontinued signs
Electronic signs
Emissions
Fences or gates, signs placed on
Flags and pennants that area not
governmental in origin
Ground signs
Hazardous signs
Marquee signs
Miscellaneous
Obscene signs
Obstruction of free ingress or egress;
standpipes/fire escapes
Off -premises signs
Parked motor vehicles, certain signs
on
Pole signs
Portable signs
Projecting signs
Supp. No. 30
CODE INDEX
Section
94-64(b)
94-64(c)
94-64(d)
94-64(f)
94-64(e)
94-64(g)
94-122
94-121(g)
94-121(d)
94-121(f)
94-121(e)
94-121(a)
94-121(b)
94-121(c)
94-80
94-81
94-5
94-32
94-35
94-33
94-31
94-34
94-61
94-6(j)
94-6(t)
94-6(r)
94-6(x)
94-6(q)
94-6(z)
94-6(s)
94-6(ff)
94-6(p)
94-6(bb)
94-6(0)
94-6(i)
94-6(w)
94-6(k)
94-6(ee)
94-6(v)
94-6(b)
94-6(f)
Section
LAND DEVELOPMENT CODE (Cont'd.)
Public utility poles and trees, signs
on 94-6(a)
Rights -of -way, merchandise display
on 94-6(e)
Rights -of -way, signs on 94-6(c)
Roof signs 94-6(1)
Snipe signs 94-6(u)
Temporary signs 94-6(dd)
Temporary signs 94-6(n)
Wall mural 94-6(g)
Window lighting 94-6(cc)
Window signs 94-6(h)
Projecting signs 94-79
Purpose and scope 94-2
R-1 Low Density Residential District 94-96
R-2 Medium Density Residential District 94-97
R-3 Medium Density Residential District 94-98
Severability 94-120
Shopping center or multi -tenant center
in any district; public/recreation
buildings 94-100
Temporary off -premises signs 94-81
Temporary on -premises signs 94-76
Traffic hazard, signs constituting 94-62(c)
Variances 94-85
Viewpoint neutral 94-115
Wind pressure and dead load 94-9
Site plan
Wetlands protection development requir-
ing 106-28
Size limits
Signs 94-64(g)
Solid waste
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Stagnant water conditions
Configurations 90-166
Stormwater management
Generally 90-116 et seq.
See herein: Floods
Streets
Subdivisions
Design standards 98-114, 98-115
Improvements 98-92
Names 98-119
Subdivisions
Appeals and arbitrations 98-5
Certificate of completion 98-83
City
Review of preliminary plan 98-45
Construction
94-6(y)- Certificate of completion
94-6(aa) Issuance of 98-83
94-6(d) Inspection 98-80
94-6(m) Notification 98-82
CDi:21
LAND DEVELOPMENT CODE (Cont'd.)
Permit
Approval of plans and specifica-
tions
Issuance
Master survey point
Procedures
Required; penalty
Review
Submission of construction plans
and specifications
Terms; revocation
Submission of data
Definitions
Final plats
Construction of
Improvements
Boundary line survey
Design standards
Alleys
Blocks
Bridges
Bulkheads or retainer walls
Canal
Easements
Lots
Potable water systems
Public sites and open spaces
Sanitary sewer system
Streets, roads and alleys
Generally
Technical specifications
Surface and storm drainage
Development and enforcement of
provisions
Drainage
Elevation
Final acceptance of work
Permanent markers
Sewers
Streets
Water supply
Permits
Construction permits
See within this subheading:
Construction
Planning and zoning board
Final plat
Planning and zoning board and
city council review; general
criteria for approval
Powers of
Preliminary plats, review
Plats and lot splits
Division of land; review and approval
required; zoning
Final plat
Application for approval
Conformance to preliminary plat
Data required for final approval
CAPE CANAVERAL CODE
Section
98-73
98-75
98-74
98-70
98-69
98-72
98-71
98-76
98-81
98-1
98-70(2)
98-93
98-110
98-106
98-116
98-118
98-117
98-108
98-107
98-112
98-109
98-113
98-114
98-115
98-111
98-86
98-91
98-88
98-94
98-87
98-90
98-92
98-89
98-69 et seq.
98-61
98-3
98-46
98-31
98-60
98-56
98-58
LAND DEVELOPMENT CODE (Cont'd.)
Documents required prior to
approval
Planning and zoning board and
city council review; general
criteria for approval
Recording
Lot line adjustments
Lot splits
Preapplications
Review procedures
Preliminary plat
City review
General criteria for approval
Information required
Planning and zoning board
procedures
Time limit
Purpose
Remedies
Variance
Application
Conditions
Hardship
Prerequisites to granting
Public hearing; notice
Wetlands protection requiring subdivi-
sion plat
Surface and storm drainage
Subdivision design standards
Surface water
Channeled into sanitary sewer
Temporary storage units
Traffic
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Signs constituting traffic hazards
Tree protection
Land clearing
Definitions
Development and construction
Tree protection during; periodic
inspection
Enforcement and penalties
Implementing division
Rules and regulations and fees
List of
Desirable species and plants
Undesirable species
Minimum tree requirement
Open burning of natural cover
Permits
Criteria; exemptions; standards of
review
Prohibitions
Remedial action
Special waiver provision
Specimen trees
Supp. No. 30 CDi:22
Section
98-59
98-61
98-62
98-67
98-66
98-36
98-45
98-47
98-41
98-46
98-48
98-2
98-6
98-4(b)
98-4(e)
98-4(a)
98-4(d)
98-4(c)
106-28
98-111
90-170
82-400
86-1 et seq.
94-62(c)
102-36
102-46
102-38
102-51
102-52
102-53
102-45
102-50
102-39
102-40
102-44
102-49
102-42
102-41
•
•
•
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Title; applicability; intent and
purpose; tree bank 102-37
Tree protection area signage
(Appendix A)
Tree replacement guidelines 102-43
Tree replacement standards 102-54
Voluntary tree planting 102-47
Waivers; incentive program;
administrative interpretation
appeals; incentive program102-48
Undesirable species, list of 102-45
Unsafe building abatement code 82-56 et seq.
See herein: Buildings and Building
Regulations
Variances
Generally 94-85
Stormwater management 90-121
Subdivisions 98-4
Variances, special exceptions, rezon-
ings, administrative appeals 10-26 et seq.
See herein: Zoning
Vegetation
Tree protection 102-26 et seq.
See herein: Tree Protection
Vegetation buffers
Stormwater management
Native vegetation buffers 90-177
Vehicles
Certain motor vehicles, signs on 94-6(x)
Parked motor vehicles, certain signs
94-6(y)
on
Vested rights
Concurrency management
Viewpoint neutral
Water supply
Subdivision improvements
Wetlands protection
Definitions
Development requiring site plan or
subdivision plat
Mitigation
Permitted uses
Prohibited uses
Purpose and intent
Wind pressure and dead load
Signs
Zoning
A1A Economic Opportunity Overlay
District
Administration
General
Intent
Nonconforming uses, structures
and buildings
Plan submittals
Procedures for design compat-
ibility approvals
86-13
94-115
98-89
106-26
106-28
106-31
106-29
106-30
106-27
94-9
110-605
110-604
110-608
110-607
110-606
LAND DEVELOPMENT CODE (Cont'd.)
Property containing both com-
mercial and residential
zoning district designations
Similar and compatible uses
Use matrix
Applicability
Architectural guidelines
Articulation
Awnings and canopies
Building continuity
Color
Entry treatment
Exterior surface materials
Ground floor lighting
Intent
Proportion
Rhythm
Roof lines
Scale
Similar and compatible design
Storefronts
Utilities and stormwater manage-
ment area screening
Windows and transparency
Boundary and organization
Definitions
Design principles
Goals
Introduction
Landscaping
Building landscaping
Commercial site plan review
Intent
Project perimeter
Required screening for commercial
parking facilities
Screening between commercial or
industrial zoning districts or
uses and residential districts
or uses
Surface parking lots
Water efficient landscaping
Objectives
Parking
Dimensions
Intent
Parking structures
Surface parking
Purpose
Signage
All signs
Awning signs
Business park/area multi-user sign
Hanging signs
Intent
Pedestrian signs
Projecting signs
Wall signs
Window signs
Supp. No. 30 CDi:23
110-611
110-610
110-609
110-587
110-643
110-654
110-644
110-653
110-648
110-650
110-655
110-641
110-646
110-647
110-649
110-645
110-642
110-652
110-656
110-651
110-586
110-592
110-591
110-589
110-585
110-688
110-684
110-683
110-687
110-690
110-686
110-689
110-685
110-590
110-671
110-668
110-670
110-669
110-588
110-702
110-703
110-709
110-707
110-701
110-704
110-705
110-706
110-708
LAND DEVELOPMENT CODE (Cont'd.)
Site planning
Building frontage
Building height
Building orientation
Building setbacks and building
zones
Intent
LEED or LEED equivalent design
Lot coverage
On -site circulation
Project size
Utility and service areas
Access
C-1 Low Density Commercial District
Dimensions
Generally
Offstreet parking
R-1 Low Density Residential District
R-2 Medium Density Residential
District
R-3 Medium Density Residential
District
Accessories
Swimming pools
Accessory uses and structures
C-1 Low Density Commercial District
C-2 Commercial/Manufacturing
District
Generally
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
Residential planned unit develop-
ments
Administrative review
Appeal notice, hearing
Authority
Stay of proceedings
Alcoholic beverages
Special exceptions for establish-
ments serving
Temporary alcoholic beverage permits
Appeals
Special exceptions. See herein: Vari-
ances, Special Exceptions,
Rezonings, Administrative
Appeals
Annexations
Zoning classification of
Antenna
Residential use/Satellite dishes
Wireless communications
Area
C-1 Low Density Commercial District
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
Dimension or area reduction below
110-626 minimum
110-624 M-1 Light Industrial and Research
110-623 and Development District
R-1 Low Density Residential District
R-3 Medium Density Residential
District
Residential planned unit develop-
ments
Minimum lot area
Reuse of area used for density calcula-
tion
Townhouses
Atomic energy uses
Bicycle parking
Offstreet parking
Board of adjustment
See also herein: Variances, Special
Exceptions, Administrative
Appeals
Boats and boat trailers
Living aboard
Location of
Bonding
Residential planned unit develop-
ments
Boundaries
Reconsideration of district boundary
110-342 changes
110-468 Rules for interpretation of district
boundaries
110-353 Breeze requirements
110-273 R-3 Medium Density Residential
District, minimum breeze
110-293 requirement
Building official
110-313 Duties of
Building permits
110-439 Residential planned unit develop-
ments
110-29(b) Townhouses
110-29(a) Buildings
110-29(c) Continuance of nonconforming
structures
Lot and street requirements for
110-171 Nonconforming uses of structures or
110-172 of structures and premises in
combination, change of use
Required for commercial uses
Setback lines
Structures approved by special excep-
tions
C-1 Low Density Commercial District
110-256 Accessory uses and structures
Area and dimensions
110-478 Assisted living facilities
110-483 Intent; applicability
Landscaping, screening and parking
110-336 Minimum setbacks
110-625
110-621
110-622
110-628
110-629
110-627
110-630
110-339
110-494
110-472
110-493
110-278
110-298
110-318
110-583
110-333
Supp. No. 30 CDi:24
Section
110-254
110-356
110-276
110-316
110-439
110-253
110-372
110-480
110-497
110-2
110-552
110-551
110-407
110-139
110-248
110-319
110-88
110-406
110-378
110-193
110-255
110-195
110-481
110-536
110-161
110-333
110-336
110-488
110-331
110-338
110-337
•
•
•
•
•
LAND DEVELOPMENT CODE (Cont'd.)
Offstreet parking and access
Principal uses and structures
Prohibited uses and structures
Special exceptions permissible by
board of adjustment
C-2 Commercial/Manufacturing District
Accessory uses and structures
Area and dimensions
Intent; applicability
Landscaping, screening and parking
Minimum setbacks
Parking and loading
Performance standards
Principal uses and structures
Prohibited uses and structures
Special exceptions permissible by the
board of adjustment
Camping equipment
Location of
Camping equipment, boats and boat
trailers, location of
Car wash
Certificate of occupancy
Hotels and motels
Required
Commercial districts
C-1 Low Density Commercial District 110-331 et seq.
See within subheading: C-1 Low
Density Commercial District
C-2 Commercial/Manufacturing
District 110-340 et seq.
See within this subheading: C-2
C ommercial/Manufacturing
District
Landscaping and screening between
commercial or industrial zoning
districts and residential zoning
districts
Commercial uses
Buildings required for
Common recreation and open space
Residential planned unit develop-
ments, minimum
Complaints of violations
Conflicts with other ordinances
Conformity to plans, specifications,
intendment uses and applications 110-91
Construction
Swimming pools 110-581
Courts, minimum width of 110-473
Dedication
Public easement 110-477
Public land 110-476
Definitions 110-1
Density
C-1 Low Density Commercial District 110-331 et seq.
See within subheading: C-1 Low
Density Commercial District
110-404, 110-
438
110-90
110-86
Supp. No. 30 CDi:25
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
110-339 R-1 Low Residential District 110-271 et seq.
110-332 See within subheading: R-1 Low
110-335 Residential District
R-2 Medium Density Residential
110-334 District 110-291 et seq.
See within subheading: R-2
110-342 Medium Density Residential
110-345 District
110-340 R-3 Medium Density Residential
110-347 District 110-311 et seq.
110-346 See within subheading: R-3
110-349 Medium Density Residential
110-348 District
110-341 Residential planned unit develop-
110-344 ments
Maximum density 110-437
110-343 Reuse of area used for density calcula-
tion 110-253
110-551 Development districts
M-1 Light Industrial and Research
110-551 and Development District 110-351 et seq.
110-461 See within this subheading: M-1
Light Industrial and
110-122 Research and Development
110-121 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
110-566 C-1 Low Density Commercial District 110-336
M-1 Light Industrial and Research
110-481 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
LAND DEVELOPMENT CODE (Cont'd.)
Prohibited uses and structures
Self-service storage facilities
Design standards
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 -mounted 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
CAPE CANAVERAL CODE
Section
110-391
110-459
110-459(a)
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
Section
LAND DEVELOPMENT CODE (Cont'd.)
Height
District 110-251
Exceptions to regulations 110-471
Home occupations
Local business tax receipt required . 110-523
Permitted home occupations 110-521
Requirements 110-522
Hotels and motels
Certificate of occupancy 110-122
Individually platted lots
Townhouses 110-377
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:
110-248 Landscaping
C-1 Low Density Commercial District 110-338
110-251 C-2 Commercial/Manufacturing
District 110-347
110-257 Interior landscaping for offstreet park-
110-490 ing areas 110-567
Landscaping and screening between
commercial or industrial zoning
110-404 districts and residential zoning
districts 110-566
M-1 Light Industrial and Research
110-320 and Development District 110-358
Length of structures
110-477 Residential planned unit develop-
110-484 ments, maximum 110-440
Light industrial districts
110-328 M-1 Light Industrial and Research
110-470 and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and
110-441 Research and Development
District
Liquefied petroleum gas 110-485
110-439 Loading
110-467 M-1 Light Industrial and Research
and Development District
110-484 Local business tax receipt required
110-253
Supp. No. 30 CDi:26
110-360
110-523
•
•
•
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Location
Offstreet loading 110-507
Recreational vehicles, camping equip-
ment, boats and boat trailers110-551
Spaces
Offstreet parking 110-492
Swimming pools 110-581
Lots
Area
District 110-251
Residential planned unit develop-
ments 110-439
Erection of more than one principal
structure on 110-537
Offstreet parking
Alternative sustainable green park-
ing lots 110-495
Requirements for structures 110-255
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 food dispensing vehicles and
other mobile vendors
Mobile food dispensing vehicles 110-584.1
Mobile home parks
Nonconforming uses 110-192
Nonconformities
Abandonment 110-197
LAND DEVELOPMENT CODE (Cont'd.)
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
Nonconforming lots of record 110-196
Nonconforming uses of structures or
of structures and premises in
combination; change of use 110-195
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
Administrative parking reductions110-496
Alternative sustainable green park-
ing lots 110-495
Bicycle parking 110-497
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 110-347, 110-
349
Certain vehicles 110-554
Supp. No. 30 CDi:27
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
M-1 Light Industrial and Research
and Development District 110-358, 110-
360
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
M-1 Light Industrial and Research
and Development District
Permissible uses and structures
R-1 Low Density Residential District
R-3 Medium Density Residential
District
Permits
Application
Expiration
Required
Temporary alcoholic beverage permits
Permitted home occupation
Permitted uses
Residential planned unit develop-
ments
Townhouses
Physical review
Residential planned unit develop-
ments
Planned developments
Building permit
Common open space, drainage
systems, and other related
common facilities
Definitions
Enforcement
Permitted uses
Physical review
Planned development plans
Application procedures
Concept plan
Land use plan
Site/construction plan
Purpose and intent
Revocation
Planning and zoning board
Preservation
Residential planned unit develop-
ments
Principal uses and structures
C-1 Low Density Commercial District
C-2 Commercial/Manufacturing
District
M-1 Light Industrial and Research
and Development District
110-321
110-252
110-555
110-89
110-456
110-359
110-272
110-312
110-107
110-108
110-106
110-172
110-521
110-403
110-371
110-405
110-725
110-723
110-720
110-727
110-722
110-724
110-740
110-741
110-742
110-743
110-721
110-726
110-3
110-445
110-332
110-341
110-352
LAND DEVELOPMENT CODE (Cont'd.)
R-2 Medium Density Residential
District
Private roads and other related common
facilities
Residential planned unit develop-
. ments
Prohibited uses and structures
C-2 Commercial/Manufacturing
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
Public land
Dedicated
R-1 Low Density Residential District
Accessory uses and structures
Area and dimensions
Intent
Minimum setbacks
Offstreet parking and access
Principal uses and structures
Prohibited uses and structures
Special exceptions permissible by
board of adjustment
R-2 Medium Density Residential District
Accessory uses and structures
Area and dimension
Intents
Minimum setbacks
Offstreet parking and access
Principal uses and structures
Prohibited uses and structures
Special exceptions permissible by
board of adjustment
R-3 Medium Density Residential District
Accessory uses and structures
Areas and dimensions
Assisted living facilities
Dune crossovers required
Intent
Minimum breeze requirement
Minimum setbacks
Offstreet parking and access
Principal uses and structures
Prohibited uses and structures
Protection of public beach -end park-
ing
Special exception permissible by board
of adjustment
Recreational vehicles
Location of
Regulations pertaining to specific
districts. See within specific
districts as indexed
Rental restrictions on dwelling units
Supp. No. 30 CDi:28
Section
110-292
110-404
110-344
110-355
110-275
110-295
110-315
110-476
110-273
110-276
110-271
110-277
110-278
110-272
110-275
110-274
110-296
110-293
110-296
110-291
110-297
110-298
110-292
110-295
110-294
110-313
110-316
110-488
110-320
110-311
110-319
110-317
110-318
110-312
110-315
110-321
110-314
110-551
110-487
•
•
•
•
•
•
CODE INDEX
Section
LAND DEVELOPMENT CODE (Cont'd.)
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
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 facilities 110-404
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 uses110-439
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
Supp. No. 30
LAND DEVELOPMENT CODE (Cont'd.)
Schedule of fees, charges and expenses
Screening
C-1 Low Density Commercial District
C-2 Commercial/Manufacturing
District
Commercial or industrial districts
M-1 Light Industrial and Research
and Development District
Self-service storage facilities
Setbacks
Building setback lines
C-1 Low Density Commercial District,
minimum setbacks
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
Signs
Single-family mobile 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
CDi:29
Section
110-92
110-338
110-347
110-566
110-358
110-459
110-536
110-337
110-346
110-251
110-252
110-538
110-537
110-357
110-277
110-297
110-317
110-439
110-584
110-373
110-479
110-458
110-475
94-64(a)
110-192
110-462
110-224
110-222
110-223
110-221
110-171
110-172
110-161
LAND DEVELOPMENT CODE (Cont'd.)
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
Structures. See within subheading:
Buildings
Swimming pools
Accessories
Barriers
Construction and location
Minimum setbacks
Temporary uses
Nonconformities
Termination zone
Residential planned unit develop-
ments
Towers
Wireless communications
Townhouses
Area and dimensions
Building permit
Development schedule
Individually platted lots
Minimum setbacks
Offstreet parking
Permitted use
Utilities
Underground utilities
Residential planned unit develop-
ments
Required
Unusual uses or uses not specifically
permitted
Uses
Approved by special exceptions
Utilities
Townhouses
Underground, required
Vacation rentals
Authority, scope and purpose
Commercial use of property;
entertainment venue prohibited
Compliance with codes; enforcement;
penalties
Definitions
Duties of vacation rental owner to be
available
Independently renting rooms
prohibited
CAPE CANAVERAL CODE
Section
110-334
110-354
110-274
110-294
110-314
110-554
110-255
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
110-486(a)
110-486(i)
110-486(j)
110-486(b)
110-486(g)
110-486(h)
LAND DEVELOPMENT CODE (Cont'd.)
Inspections
Maximum overnight occupancy
Posting of safety and information
notice
Registration
Vacation resort campus
Variances, special exceptions, rezon-
ings, administrative appeals;
procedures
Abandonment
Administrative appeals
Appellate review
Applications
Attendance required at public hear-
ings; postponement of hearings 110-30.1
Authority 110-27
Due process 110-28
Expiration of variance or special
exception; abandonment
Intent and purpose
Reconsideration
Rezonings
Procedure 110-35
Rezoning applicant obligations 110-34
Special exception
Applicant obligations
Procedure
Special notice requirements
Staff review; application deficiencies
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 110-553
Location of recreational vehicles,
camping equipment, boats and
boat trailers 110-551
Parking and storage of certain
vehicles 110-554
Paving of vehicular use areas 110-555
Vehicle rental facility 110-556
Vehicular use areas, paving of 110-555
Vessels. See within this subheading:
Vehicles and Vessels
Veterinary hospital 110-460
Visibility at intersections 110-469
Water areas 110-474
Width
Courts, minimum width of 110-473
Wireless communications towers and
antennas 110-483
Zoning districts. See herein: Zoning
Supp. No. 30 CDi:30
Section
110-486(f)
110-486(d)
110-486(e)
110-486(c)
110-490.1
110-32
110-40
110-33
110-29
110-32
110-26
110-31
110-38
110-39
110-28
110-30
110-36
110-37
110-552
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CODE INDEX
Section Section
LANDSCAPING
Appearance and maintenance
Land development code regulations re
zoning
See: LAND DEVELOPMENT CODE
Landscape irrigation
Applicability; purpose and intent
Definitions
Enforcement and penalties
Exceptions to landscape irrigation
schedules
Landscape irrigation schedules
Required irrigation system technology
Variance from specific day of the week
limitations
Sanitary sewer system
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 department
LEASES
Certain ordinances not affected by Code
City attorney
Duties
LIBRARY
Established
Fees schedule in general. See: FEES
(Appendix B)
Impact fees generally
See: IMPACT FEES
Library board
Created
LICENSES AND PERMITS
Adult entertainment establishment license
Alarm systems
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
Application criteria
Approval prerequisite for permits
Building permits; enforcement
Notice of approval or denial
Concurrency management system
See: LAND DEVELOPMENT CODE
Construction site stormwater runoff control
Permits 90-201
30-26 et seq.
2-231 et seq.
42-26
1-10(a)(2)
2-126(6)
46-1
2-231 et seq.
46-26
LICENSES AND PERMITS (Cont'd.)
34-99 Excavations
Street excavation permit requirements 66-81 et seq.
110-26 et seq. Fees schedule in general. See: FEES
(Appendix B)
Fireworks permit (public display) 38-82 et seq.
91-2 Floodplain management 90-26 et seq.
91-1 See: LAND DEVELOPMENT CODE
91-7 Land development code regulations re
zoning 110-26 et seq.
91-4 See: LAND DEVELOPMENT CODE
91-3 Land development code; zoning
91-5 Nonconformities
Special permit 110-200
91-6 Motion and still photography production
78-26 et seq. 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.
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
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 (permit) 82-400
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
10-93 et seq. Wastewater discharge permits 78-98
30-27 et seq.
22-46
22-44
22-40
22-47
22-43
86-1 et seq.
Supp. No. 30 CDi:30.1
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CODE INDEX
Section
PARKS AND RECREATION (Cont'd.)
Injuring, interfering with, etc., buildings
and other property 54-20
Interference with personnel/park opera-
tions 54-21
Litter
Throwing in river or other body of
water in parks 34-36
Noise and other conduct 54-18
Peddling/distribution of materials 54-19
Pollution and litter 54-9
Procedures for naming of city parks
Assistance petitions 54-2(e)
Generally 54-2(b)
Intent and purpose; findings 54-2(a)
Minimum community support for
assistance petitions 54-2(f)
Naming guidelines 54-2(c)
Other factors 54-2(d)
Promulgation of rules; city fees; preexist-
ing rules; conflicts with rules; enforce-
ment and penalties
Conflicts with rules 54-24(h)
Enforcement, generally 54-24(i)
Fees 54-24(f)
Initiation of code enforcement 54-24(j)
Penalties 54-24(k)
Preexisting rules 54-24(g)
Recreational fires, generally 50-5
Recreational fires in city parks 54-16
Removal of natural resources 54-10
Sleeping and camping 54-17
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Suspension of use of city park 54-25
Traffic 54-8
Trespass 54-15
Vessels regulated 54-46 et seq.
See: BOATS, DOCKS AND
WATERWAYS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
PARTNERSHIPS
Persons; definitions and rules of construc-
tion extended and applied to
PEDDLERS, CANVASSERS AND SOLICI-
TORS
Definitions
Fraud
Harassment prohibited
Parks and recreation
Commercial solicitation
Peddling/distribution of materials
Permission to enter premises required
Permit
Appeals
Application
Badge for solicitors
PEDDLERS, CANVASSERS AND SOLICI-
TORS (Cont'd.)
Exhibition of permit on request
Investigation; denial or issuance of;
record
Notice of hearing
Required
Revocation
Report of violations
Solicitor to leave when requested
PENALTIES. See: FINES, FORFEITURES
AND OTHER PENALTIES
PERSON
Definitions and rules of construction
PERSONNEL. See: OFFICERS AND
EMPLOYEES
Section
16-58
16-53
16-55
16-51
16-54
16-31
16-29
1-2
PHONOGRAPHS
Noises, enumeration of prohibited 34-153(2)
PHOTOGRAPHY
Motion and still photography production
permits
Application for permit
City manager to act as agent for city
Definitions
Nonexemption from other city Code
requirements
Purposes
Recovery of costs for extraordinary
services
Required
Suspension and revocation
Title
Violations and penalties
PIPE LINES
Franchise regulations in general. See:
FRANCHISES (Appendix A)
PLANNED UNIT DEVELOPMENTS
Land development code regulations re
zoning
See: LAND DEVELOPMENT CODE
16-66
16-64
16-63
16-67
16-61
16-68
16-65
16-65
16-60
16-65
110-26 et seq.
PLANNING AND DEVELOPMENT
Business and cultural development board 22-26 et seq.
Community appearance review board 22-36 et seq.
Comprehensive plan
16-26 Designation of agency, department, com-
16-30 mittee or person to prepare 58-58
16-28 Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
54-4 Franchise regulations in general. See:
54-19 FRANCHISES (Appendix A)
6-27 Impact fees generally 2-231 et seq.
See: IMPACT FEES
16-56 Land development code regulations re
16-52 zoning 110-26 et seq.
16-57 See: LAND DEVELOPMENT CODE
1-2
Supp. No. 30 CDi:35
PLANNING AND DEVELOPMENT (Cont'd.)
Local planning agency
Designation and establishment
Designation of agency, department, com-
mittee or person to prepare
comprehensive plan
Duties and responsibilities
Notice requirement for amendments to
future land use map
Plan checking fee
Fees schedule in general. See: FEES
(Appendix B)
Planning and zoning board
See: LAND DEVELOPMENT CODE
Sanitary sewer system
See: SEWERS AND SEWAGE
DISPOSAL
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Vested rights 115-1 et seq.
See: VESTED RIGHTS
PLANT LIFE. See: WEEDS AND DEAD
VEGETATION
PLATS. See: SURVEYS, MAPS AND PLATS
CAPE CANAVERAL CODE
Section
58-56
58-58
58-57
58-1
110-3 PROFESSIONS
Local business tax
78-26 et seq. See: TAXATION
94-1 et seq.
66-61 et seq.
PLUMBING
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Public service tax 70-26 et seq.
See: TAXATION
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Maintenance of plumbing system 78-35
POLES AND WIRES
Signs
Land development code regulations ...
See: LAND DEVELOPMENT CODE
POLICE DEPARTMENT
Court costs for police education and train-
ing
Fees schedule in general. See: FEES
(Appendix B)
Police department
Duties of chief of police and/or precinct
supervisor
94-1 et seq.
50-3
42-26
POLICE DEPARTMENT (Cont'd.)
Vehicles for hire
Receiving police radio calls prohibited;
radios which may be used
POLITICAL SIGNS
Signs
Land development code regulations ...
See: LAND DEVELOPMENT CODE.
PROCEEDINGS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS
PROPERTY
Abandoned property generally
See: ABANDONED PROPERTY
Code enforcement
Authorization to enter upon property..
Criminal nuisance abatement board
See: CODE ENFORCEMENT
Eminent domain powers re
Supp. No. 30 CDi:36
economic
development
Land development code
Zoning
Vacation rentals
Section
80-81
94-1 et seq.
70-66 et seq.
34-180 et seq.
2-246
2-292 et seq.
2-70
110-486
Commercial use of property;
entertainment venue
prohibited 110-486(i)
Numbering of buildings and property 82-366 et seq.
See: LAND DEVELOPMENT CODE
Outdoor entertainment events
Permit; closure or gating of public
property and streets 10-64
Parks and recreation
Injuring, interfering with, etc., build-
ings and other property 54-20
Property maintenance code 82-221 et seq.
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
Registration and maintenance of proper-
ties in foreclosure
Additional authority of enforcement
officers; immunity 82-123
Definitions 82-117
Enforcement; penalties 82-124
Maintenance requirements 82-121
Mortgagee inspection requirements 82-120
Purpose and intent 82-116
Registration fees 82-119
Registration requirements 82-118
Security requirements 82-122
Supplemental authority 82-125
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Sleeping and camping in public areas and
beaches 50-4
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CODE INDEX
Section
PROPERTY (Cont'd.)
Vested rights 115-1 et seq.
See: VESTED RIGHTS
PROPERTY MAINTENANCE STANDARDS
Authority
Building appearance and maintenance
34-92
34-98
Supp. No. 30 CDi:36.1
Section
•
i
CODE INDEX
Section Section
SOLID WASTE
City
Authority to collect 62-3
Ownership by city 62-4
Complaint procedure 62-6
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Containers
Required 62-8
Definitions 62-1
Fees schedule in general. See: FEES
(Appendix B)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Ownership by city 62-4
Proper disposal prerequisite to collection62-10
Public nuisances prohibited
Dead plants, refuse, debris
Yards, etc., to be kept free of 34-122
Regulations on file 62-12
Residential solid waste pickup conditions
Bulk trash 62-9(g)
E-waste 62-9(h)
Location of solid waste containers 62-9(f)
Pickup 62-9(e)
Recyclable material 62-9(b)
Separation of solid waste 62-9(a)
Solid waste 62-9(d)
Yard waste 62-9(c)
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Schedule of fees 62-5
Transporting 62-7
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Unlawful acts
Burning or burying of solid waste 62-11(c)
Construction and demolition debris 62-11(g)
Container of another 62-11(b)
Hazardous waste 62-11(f)
Obstruction 62-11(a)
Unlawful accumulations 62-11(d)
Unlawful disposal 62-11(e)
SOUND AMPLIFIERS
Noises, enumeration of prohibited
34-153(3)
SPECIAL MAGISTRATE
Abandoned property
Special magistrate or code enforcement
board hearing procedures 34-183
Code enforcement 2-249 et seq.
See: CODE ENFORCEMENT
Land development code
Buildings and building regulations
Citations; unlicensed contractors;
failure to obtain building permit
Special magistrate or code enforce-
ment board
Decisions, appeals of 82-384
SPECIAL MAGISTRATE (Cont'd.)
Orders, recording
Water supply and distribution
Reclaimed water
Installation and inspection of the
reclaimed water system
Special magistrate or code enforce-
ment board authority and
violation liability
82-385
78-195
STATE
Abandoned property
Notification of owner; following removal
by city
Documentation filed with state 34-185(e)
Definitions and rules of construction 1-2
Election code adopted 26-1
Law
City attorney
Duties 2-126(3)
Misdemeanor acts adopted, penalty 50-1
Parking, state law adopted 74-56
Vehicles for hire
Application of provisions to vehicle,
operator regulator by state govern-
ment 80-2
STORAGE
Abandoned vehicles on private property
Fireworks
Private use, storage, display prohibited;
public displays authorized by
permit only
Storage of materials
Temporary storage units
34-181
38-82
38-87
82-400
STORMWATER DRAINAGE
Certain ordinances not affected by Code . 1-10(a)(17)
Construction site stormwater runoff control 90-200 et seq.
See: CONSTRUCTION
Illicit discharge and connection
Applicability 78-403
Authorized enforcement agency 78-401
Definitions 78-402
Discharge prohibitions 78-406
Enforcement 78-413
Industrial or construction activity
discharges 78-408
Monitoring of discharges 78-409
Notification of spills 78-412
Requirements to prevent, control, and
reduce stormwater pollutants by
the use of BMPs 78-410
Responsibility for administration 78-404
Short title: purpose and objectives 78-400
Suspension of MS4 access 78-407
Ultimate responsibility 78-405
Watercourse protection 78-411
Stormwater drainage utility
Creation 78-275
Definitions, construction 78-277
Supp. No. 30 CDi:41
STORMWATER DRAINAGE (Cont'd.)
Determination of ERUs
Fee, stormwater
Findings, determinations, powers
Operating budget
Program responsibility
Stormwater management utility
enterprise fund
Subdivisions
Land development code regulations
See: LAND DEVELOPMENT CODE
STORMWATER MANAGEMENT
Fees schedule in general. See: FEES
(Appendix B)
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS
Alcoholic beverages
Possession and consumption
Beach end streets
Camping prohibited
Certain ordinances not affected by Code
Concurrency management system
See: MOTOR VEHICLES AND TRAF-
FIC
Excavations
City
Authority of city
Right to restore surface
Cleanup
Emergencies
Engineering details
Guarantee
Inspections
Liability of city
Method of installation
Penalty
Permit
Application
Deposits
Fee
Inspections
Required
Fire lanes, designation of
Franchise agreements
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Grades
Certain ordinances not affected by Code
Handbills
Throwing or distributing in public places
6-51
50-4
1-10(a)(5)
86-1 et seq.
CAPE CANAVERAL CODE
Section Section
STREETS, SIDEWALKS AND OTHER
78-301 PUBLIC WAYS (Cont'd.)
78-300 Impact fees generally 2-231 et seq.
78-276 See: IMPACT FEES
78-278 Land development code regulations re
78-325 zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
78-326 Lighting 34-206 et seq.
See: LIGHTING
98-1 et seq. Litter 34-26 et seq.
See: LITTER
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Noise
Enumeration of prohibited 34-153(4)
Open containers
Prohibited in motor vehicles 6-68
Outdoor entertainment events
Permit; closure or gating of public
property and streets 10-64
Parks and recreation areas 54-1 et seq.
See: PARKS AND RECREATION
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public service tax generally 70-26 et seq.
See: TAXATION
Right-of-way
Use agreements 66-1
Camping prohibited 50-4
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Solicitors, peddlers and itinerant merchants 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
66-64 Solid waste generally 62-1 et seq.
66-69 See: SOLID WASTE
66-68 Transporting regulations 62-7
66-70 Street lights
66-66 Sea turtle regulations 14-57
66-67 Streets
66-63 Abandonment
66-62 Authority 66-36
66-65 Ordinance required 66-39
66-61 Petition
For action 66-37
Procedure 66-38
Civil liability for damage 66-26
Speed bumps 66-27
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Traffic
Certain ordinances not affected by Code 1-10(a)(8)
Travel on other than streets or highways 74-1
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
66-82
66-84
66-83
66-85
66-81
74-62
66-1
1-10(a)(10)
34-51
Supp. No. 30 CDi:42
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