HomeMy WebLinkAboutSupplement 31SUPPLEMENT NO. 31
September 2022
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. 04-2022, adopted August 16, 2022.
See the Code Comparative Table for further information.
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municode
POWERED BY CIVICPLUS
info@municode.com l 800.262.2633 I www.municode.com
P.O. Box 2235 Tallahassee, FL 32316
•
CODE OF ORDINANCES
CITY OF
CAPE CANAVERAL, FLORIDA
Published in 1994 by Order of the City Council
POWERED
BY CIVICPLUS.
info@municode.com l 800.262.2633 I www.municode.com
P.O. Box 2235 Tallahassee, FL 32316
Supp. No. 31
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TABLE OF CONTENTS
Page
Current Officials (2021) iii
Officials of the City at the Time of this Codification iv i
Preface v
Adopting Ordinance ix
Checklist of Up -to -Date Pages [1]
Supplement History Table SH:1
PART I
CHARTER
Charter CHT:1
Art. I. Powers of the City CHT:3
Art. II. City Council CHT:4
Art. III. City Manager CHT:8
Art. IV. Departments, Offices and Agencies CHT:8
Art. V. Financial Management CHT:9
Art. VI. Elections CHT:11
Art. VII. General Provisions CHT:14
Art. VIII. Charter Amendment CHT:14
Art. IX. Transition and Severability CHT:15
Charter Comparative Table —Laws of Florida CHTCT:1
Charter Comparative Table —Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
Subpart A. General Ordinances CD1:1
1. General Provisions CD1:1
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:7
Div. 3. Meetings CD2:8
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. 31 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. 31 xii
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Chapter
TABLE OF CONTENTS—Cont'd.
Art. III. Motion and Still Photography Production
Page
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 CD38:8
Art. IV. Fireworks CD38:8
Art. V. Hazardous Materials and Substances CD38:10
39. Reserved CD39:1
Supp. No. 31 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 CD58:3
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. 31 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
Art. IV. Operation of Golf Carts and Low -Speed Vehicles
on Roads CD74:7
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 CD80:4
Art. III. Driver's Permit CD80:5
Art. IV. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. General Administrative CD82:3
Art. II. Building Code CD82:7
Art. III. Unsafe Building Abatement Code CD82:8
Art. IV Coastal Construction Code CD82:9
Art. V. Registration and Maintenance of Properties in
Foreclosure CD82:9
Art. VI. Local Amendments to Florida Building Code,
Building CD82:13
Supp. No. 31 xv
CAPE CANAVERAL CODE
Chapter Page
Art. VII. Reserved CD82:15
Art. VIII. Reserved CD82:15
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
Supp. No. 31 Xvi
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TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. V. Construction Site Stormwater Runoff Control. CD90:37
91. Landscape Irrigation CD91:1
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 CD 102:1
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
Supp. No. 31 xvii
Chapter
CAPE CANAVERAL CODE
Page
Art. II. Procedure; Land Use Decisions CD110:19
Div. 1. Generally CD110:19
Div. 2. Rezonings CD110:22.1
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 Based Businesses CD110:74.8
Div. 5. Setbacks CD110:74.8
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
Supp. No. 31 xviii
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TABLE OF CONTENTS—Cont'd.
Chapter Page
Div. 6. Landscaping CD110:101
Div. 7. Signage CD110:102.2
Art. XI. Planned Developments CD110:102.5
Div. 1. Generally CD110:102.5
Div. 2. Planned Development Plans CD110:105
111-114. Reserved CD111:1
115. Vested Rights CD115:1
Art. I. In General CD115:3
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. 31 xlx
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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 31 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 31 CD2:1, CD2:2 30
xiii, xiv 31 CD2:3, CD2:4 28
xv, xvi 31 CD2:5, CD2:6 24
xvii, xviii 31 CD2:7, CD2:8 31
xix 31 CD2:8.1, CD2:8.2 31
SH:1, SH:2 24 CD2:9, CD2:10 27
SH:3, SH:4 31 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
CHT:7, CHT:8 20 CD2:14.3, CD2:14.4 21
CHT:9, CHT:10 20 CD2:14.5, CD2:14.6 21
CHT:11, CHT:12 20 CD2:14.7, CD2:14.8 22
CHT:13, CHT:14 20 CD2:14.9, CD2:14.10 22
CHT:15 20 CD2:14.11 22
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CD2:19, CD2:20 28 CD10:31, CD10:32 13
CD2:21, CD2:22 28 CD10:33, CD10:34 13
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CD2:30.1 30 CD10:43, CD10:44 31
CD2:31, CD2:32 28 CD10:45 16
CD2:33, CD2:34 28 CD11:1 OC
CD2:35, CD2:36 28 CD14:1 OC
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CD2:39, CD2:40 30 CD14:5, CD14:6 28
CD2:41, CD2:42 30 CD15:1 OC
CD3:1 OC CD16:1 1
CD6:1 26 CD16:3, CD16:4 OC
CD6:3, CD6:4 30 CD16:5, CD16:6 1
CD6:5, CD6:6 30 CD16:7 1
CD7:1 OC CD17:1 OC
CD10:1, CD10:2 31 CD18:1 12
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CD10:3, CD10:4 21 CD18:5 30
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CD10:6.1, CD10:6.2 20 CD22:1 22
CD10:6.3, CD10:6.4 20 CD22:3, CD22:4 24
CD10:6.5, CD10:6.6 20 CD22:5, CD22:6 24
CD10:6.7, CD10:6.8 20 CD22:7, CD22:8 24
CD10:7, CD10:8 13 CD22:9, CD22:10 24
CD10:9, CD10:10 13 CD23:1 OC
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CD10:15, CD 10:16 16 CD27:1 OC
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CD10:25, CD10:26 16 CD31:1 OC
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CD34:1, CD34:2 28 CD51:1 OC
CD34:3, CD34:4 17 CD54:1, CD54:2 24
CD34:5, CD34:6 28 CD54:3, CD54:4 31
CD34:7, CD34:8 28 CD54:4.1 31
CD34:9, CD34:10 6 CD54:5, CD54:6 23
CD34:10.1 6 CD54:7, CD54:8 23
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CD34:15, CD34:16 28 CD54:13, CD54:14 28
CD34:16.1 28 CD54:15 28
CD34:17, CD34:18 7 CD55:1 OC
CD34:19, CD34:20 17 CD58:1 17
CD35:1 21 CD58:3, CD58:4 31
CD36:1 21 CD59:1 OC
CD36:3, CD36:4 21 CD62:1 30
CD36:5, CD36:6 21 CD62:3, CD62:4 30
CD36:7, CD36:8 21 CD62:5, CD62:6 30
CD36:9 21 CD62:7, CD62:8 30
CD37:1 21 CD62:9 30
CD38:1, CD38:2 22 CD63:1 OC
CD38:3, CD38:4 22 CD66:1 20
CD38:5, CD38:6 22 CD66:3, CD66:4 4
CD38:7, CD38:8 31 CD66:5, CD66:6 4
CD38:9, CD38:10 31 CD66:7, CD66:8 20
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CD39:1 OC CD70:1, CD70:2 27
CD40:1 14 CD70:3, CD70:4 27
CD40:3 14 CD70:4.1 27
CD41:1 OC CD70:5, CD70:6 17
CD42:1 OC CD70:7, CD70:8 17
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CD43:1 OC CD70:11, CD70:12 17
CD46:1 30 CD70:12.1 17
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CD47:1 OC CD70:15, CD70:16 16
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Supp. No. 31
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SUPPLEMENT HISTORY TABLE
Date Include/
0rd No Adopted Omit Supp. No...
04-2015 3-17-15 Include 24
05-2015 6-16-15 Include 24
06-2015 7-21-15 Include 24
07-2015 8-18-15 Include 24
09-2015 9-22-15 Include 24
Supp No 25
11-2015 11-17-15 Include 25
12-2015 11-17-15 Include 25
2016-05(Res.) 4-19-16 Include 25
01-2016 5-17-16 Include 25
02-2016 7-19-16 Include 25
2016-12(Res.) 8-16-16 Include 25
Supp No 26
01-2017 1-17-17 Include 26
02-2017 1-17-17 Include 26
03-2017 2-21-17 Include 26
04-2017 4-18-17 Include 26
05-2017 6-20-17 Omit 26
06-2017 6-20-17 Include 26
08-2017 7-18-17 Include 26
09-2017 7-18-17 Include 26
2017-08(Res.) 7-18-17 Include 26
2017-09(Res.) 7-18-17 Include 26
11-2017 8-15-17 Include 26
12-2017 8-15-17 Include 26
2017-15(Res.) 8-15-17 Include 26
Supp No 27
16-2017 1-16-18 Include 27
01-2018 2-20-18 Include 27
02-2018 4-17-18 Include 27
03-2018 5-15-18 Include 27
04-2018 6-19-18 Include 27
07-2018 9-18-18 Include 27
Supp. No. 28
05-2019 2-19-19 Include 28
09-2019 5-21-19 Include 28
2019-05(Res.) 5-21-19 Include 28
2019-09(Res.) 5-21-19 Omit 28
10-2019 6-18-19 Include 28
11-2019 6-18-19 Include 28
Supp. No. 29
15-2019 11-19-19 Include 29
17-2019 11-19-19 Include 29
19-2019 1-21-20 Include 29
20-2019 1-21-20 Include 29
01-2020 2-18-20 Include 29
Supp. No. 31 SH:3
CAPE CANAVERAL CODE
Date Include/
Ord. No.. Adopted Omit Supp. No.
02-2020 4-21-20 Include 29
2020-01(Res.) 6-16-20 Include 29
Supp. No. 30
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. 31
27-2021 9-21-21 Include 31
35-2021 9-21-21 Include 31
36-2021 11-16-21 Include 31
37-2021 10-19-21 Include 31
43-2021 12-21-21 Include 31
02-2022 4-19-22 Include 31
03-2022 5-17-22 Include 31
04-2022 8-16-22 Include 31
16-2022 7-19-22 Include 31
Supp. No. 31 SH:4
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ADMINISTRATION § 2-42
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 until December 1, 2024, at which time
the compensation amount shall be adjusted one
time utilizing the then most current U.S. Bureau
of Labor Statistics Consumer Price Index for All
Urban Consumers (inflation calculator) based on
1994 equivalent dollars. (CPI November 2024
CPI November 1994 x $2,400 = New Compensa-
tion Amount).
(Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94;
Ord. No. 03-2022, § 2, 5-17-22)
Sec. 2-42. Established for mayor.
The compensation for the mayor shall be
$3,200.00 per year until December 1, 2024, at
which time the compensation amount shall be
adjusted one time utilizing the then most cur-
rent U.S. Bureau" of Labor Statistics Consumer
Price Index for All Urban Consumers (inflation
Supp. No. 31 CD2:7
*Charter reference —Compensation, § 2.04.
§ 2-42
CAPE CANAVERAL CODE
calculator) based on 1994 equivalent dollars.
(CPI November 2024 _ CPI November 1994 x
$3,200 = New Compensation Amount).
(Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94;
Ord. No. 03-2022, § 2, 5-17-22)
Secs. 2-43-2-55. Reserved.
DIVISION 3. MEETINGS`''
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
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
*Charter reference —Meetings and other procedures,
§ 2.11.
State law reference —Public meetings, F.S. ch. 286.
Supp. No. 31 CD2:8
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
Supp. No. 31
CD2:8
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ADMINISTRATION § 2-58
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.
(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
Supp. No. 31 CD2:8.1
§ 2-58 CAPE CANAVERAL CODE
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.
(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. 31 CD2:8.2
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Chapter 10
AMUSEMENTS AND ENTERTAINMENTS*
Article I. In General
Secs. 10-1-10-25. Reserved.
Article H. Amusement Device Code
Sec. 10-26. Reserved.
Sec. 10-27. Reserved.
Secs. 10-28-10-45. Reserved.
Article III. Outdoor Entertainment Events
Division 1. Generally
Sec. 10-46. General provisions.
Sec. 10-47. Definitions.
Sec. 10-48. Compliance with other laws.
Sec. 10-49. Local business tax receipt required.
Sec. 10-50. Penalties and enforcement.
Secs. 10-51-10-60. Reserved.
Division 2. Permit
Sec. 10-61. Application.
Sec. 10-62. Alcohol sales and consumption.
Sec. 10-63. Insurance requirements.
Sec. 10-64. Closure or gating of public property and streets.
Sec. 10-65. Other public gatherings.
Sec. 10-66. Cleanup and damage deposit.
Sec. 10-67. Location of public parking; transportation services.
Sec. 10-68. Turtle protection.
Sec. 10-69. Temporary structures; integrity, height, location.
Sec. 10-70. Vendors.
Sec. 10-71. Use of watercraft.
Sec. 10-72. Metered parking.
Sec. 10-73. Fees and deposits.
Sec. 10-74. Other permits and licenses.
Sec. 10-75. Life and public safety requirements.
Sec. 10-76. Revocation of permits.
Sec. 10-77. Emergency suspension or cancellation of permitted outdoor
entertainment event.
Secs. 10-78-10-85. Reserved.
Article IV. Sexually Oriented Businesses and Adult Entertainment
Establishments
Sec. 10-86. Short title.
Sec. 10-87. Purpose, findings and intent/incorporation of whereas clauses.
Sec. 10-88. Construction.
Sec. 10-89. Obscenity/indecent exposure unlawful.
Sec. 10-90. Definitions.
Sec. 10-91. Notice.
*Cross reference -Businesses, ch. 16.
Supp. No. 31 CD10:1
CAPE CANAVERAL CODE
Sec. 10-92. Penalties; remedies; relief.
Sec. 10-93. License required.
Sec. 10-94. Responsibilities of other offices and departments.
Sec. 10-95. License application and application fee.
Sec. 10-96. Contents of application.
Sec. 10-97. Continuing duty/false or misleading information.
Sec. 10-98. Consent.
Sec. 10-99. Investigation of applicant.
Sec. 10-100. Issuance or denial of license.
Sec. 10-101. Reasons for denial of application of license.
Sec. 10-102. Reapplication after denial.
Sec. 10-103. Annual license fee.
Sec. 10-104. Contents of license, term of license, renewals, expiration, lapse,
nonconforming establishments.
Sec. 10-105. Records and reports.
Sec. 10-106. Transfer of license.
Sec. 10-107. Establishment name change.
Sec. 10-108. Suspension and revocation of' license.
Sec. 10-109. Suspension and revocation proceedings.
Sec. 10-110. Worker records.
Sec. 10-111. General requirements for all adult entertainment establish-
ments and sexually oriented businesses.
Sec. 10-112. Sexually oriented businesses.
Sec. 10-113. Adult theater provisions.
Sec. 10-114. Adult performance establishment provisions.
Sec. 10-115. Commercial bodily contact establishments provisions.
Sec. 10-116. Escort service.
Sec. 10-117. Engaging in prohibited activity: customers.
Sec. 10-118. Engaging in prohibited activity: workers / operators.
Sec. 10-119. Operation without license.
Sec. 10-120. Operation contrary to operational requirements.
Sec. 10-121. Use of restrooms or dressing rooms.
Sec. 10-122. Minors -Unlawful provisions.
Sec. 10-123. Records -Unlawful provisions.
Sec. 10-124. Hours of operation -Unlawful provisions.
Sec. 10-125. Special prohibitions relating to escorts and escort services -
Unlawful provisions.
Sec. 10-126. Special prohibited acts -Commercial bodily contact -Unlawful
provisions.
Sec. 10-127. Commercial bodily contact establishments -Prohibited; savings
provision.
Sec. 10-128. Local business tax receipts.
Sec. 10-129. Sexual encounter businesses prohibited/prohibited acts -
Unlawful provisions.
Sec. 10-130. Immunity from prosecution.
Secs. 10-131-10-199. Reserved.
Article V. Slot Machines or Devices
Sec. 10-200. Purpose and intent.
Sec. 10-201. Definitions.
Sec. 10-202. Slot machine or device prohibited.
Sec. 10-203. Exemption.
Supp. No. 31 CD10:2
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AMUSEMENTS AND ENTERTAINMENTS
Sec. 10-125. Special prohibitions relating
to escorts and escort
services —Unlawful provi-
sions.
It is unlawful for any escort, escort service or
worker of an escort service, regardless of whether
licensed under this article, to commit any of the
following acts or for an operator of an escort
service regardless, of whether licensed thereunder,
to knowingly permit, suffer, aid, assist or allow
any escort or escort service worker to commit
any of the following acts:
(a) To enter a hotel, motel or other place of
temporary lodging for the purpose of
meeting or providing services to a
customer without immediately upon enter-
ing such hotel, motel or other place and
prior to meeting the customer making
personal face-to-face contact with the on
duty manager at the front desk or recep-
tion area and providing that person with
the following information:
1. The time of arrival and estimated
time of departure;
2. A copy of the escort service's sexu-
ally oriented business license and,
if applicable, the escort's local busi-
ness tax receipt;
3. The name of the escort, the escort
service and the customer being met/
served; and
4. The location of the meeting or service
within the structure including the
room number.
(b) To require, entice or solicit any customer
to remove any article of clothing.
(c) To display or expose any specified
anatomical area to a customer.
(d) To begin a meeting or service without
first meeting the customer in a public
place such as a bar or restaurant before
accompanying the customer to any place
not open to the public such as a hotel
room or residence.
(e) To meet with or provide services to a
customer in any place not open to the
§ 10-126
public such as a hotel room, motel room
or residence without first executing the
customer contract as required by this
article.
(f) To provide services to a customer even in
a public place without first executing the
customer contract as required by this
article, immediately following the meet-
ing of the customer.
(g) To solicit a tip or gratuity from a customer
in exchange for a promise or suggestion
that any act or service not contracted for
in the customer contract will be performed.
(h) To accept any compensation or payment
except that which is provided in the
customer contract.
(Ord. No. 13-2004, § 3, 7-20-04; Ord. No. 02-2007,
§ 4, 2-20-07)
Sec. 10-126. Special prohibited acts —Com-
mercial bodily contact —
Unlawful provisions.
It is unlawful for a worker of a commercial
bodily contact establishment, regardless of
whether licensed pursuant to this article, to
commit any of the following acts or for the
operator of a commercial bodily contact establish-
ment, regardless of whether licensed thereunder,
to knowingly or with reason to know, permit,
suffer, aid, assist or allow any worker to commit
any of the following acts:
(a) To provide commercial bodily contact or
to be present at the premises of the
business when open for business unless
covering their specified anatomical areas
by wearing an opaque surgical type gown.
(b) To display or expose any specified
anatomical area to a customer.
(c) To allow a customer to expose or display
the customers specified anatomical areas
in the presence of a worker.
(d) To allow a customer to engage in any
specified sexual activity with him or
herself, another customer or with a worker.
Supp. No. 31
CD10:43
§ 10-126
CAPE CANAVERAL CODE
(e) To perform or provide commercial bodily
contact except at the premises of a com-
mercial bodily contact establishment
licensed under this article.
(f) To engage in or offer to engage in private
modeling or the activities of an escort
with any customer.
(g) To provide commercial bodily contact or
service to a customer without first execut-
ing a customer contract as required by
this article.
(h) To intentionally touch, fondle, manipulate
or massage the specified anatomical area
of any customer.
(i) To allow any customer to intentionally
touch, fondle, manipulate or massage
any specified anatomical area of any
worker or the body of any worker below
the waist and above the knee, directly,
indirectly or through a medium.
(j) To remain in the presence of any customer
who is displaying, exposing, intention-
ally touching, fondling or manipulating
any specified anatomical area.
(k) To allow any customer to intentionally
touch, massage or manipulate any speci-
fied anatomical area while on the premises
of the business or when in the presence
of a worker.
(l) To solicit or require a customer to remove
any item of clothing as a prerequisite to
providing commercial bodily contact.
(m) To accept or solicit any tip, remunera-
tion, consideration or gratuity in excess
of the fee provided in the executed
customer contract.
(n) To accept or solicit any tip, remunera-
tion, consideration or gratuity in exchange
for any enhanced service.
(o) To fail to require a customer to cover
such customers' specified anatomical areas
with a towel, robe, undergarment, bath-
ing suit or other similar fully opaque
material while on the premises of the
business.
(p) To engage in or offer to engage in any
private performance or act as an adult
model.
(Ord. No. 13-2004, § 3, 7-20-04)
Sec. 10-127. Commercial bodily contact
establishments —Prohibited;
savings provision.
(a) Notwithstanding any provision of this
article, it is unlawful to operate, or be a worker
for or at a commercial bodily contact establish-
ment which engages in commercial bodily contact.
(b) Notwithstanding the provisions of subsec-
tion (a), in the event that subsection (a), prohibit-
ing commercial bodily contact establishments is
found to be unconstitutional, or otherwise invalid
by a court of competent jurisdiction or should an
injunction be issued relative to the enforcement
of subsection (a), then all provisions set forth
this article applicable to commercial bodily contact
establishments and sexually oriented businesses
shall apply to businesses and establishments
engaged in commercial bodily contact.
(Ord. No. 13-2004, § 3, 7-20-04)
Sec. 10-128. Local business tax receipts.
(a) The city manager or designee may take
such steps as may be necessary to ensure that
the local business tax receipt is paid by only such
individuals and entities that are lawfully permit-
ted in accordance with the provisions of this
article.
(b) [Reserved.]
(Ord. No. 13-2004, § 3, 7-20-04; Ord: No. 02-2007,
§ 4, 2-20-07; Ord. No. 36-2021, § 3A, 11-16-21)
Sec. 10-129. Sexual encounter businesses
prohibited/prohibited acts —
Unlawful provisions.
(a) It is unlawful to be an operator of or be a
worker at a sexual encounter business.
(b) It is unlawful to cause, encourage, or allow
a person under 18 years of age to be present at a
sexual encounter business.
Supp. No. 31 CD10:44
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Chapter 26
ELECTIONS*
Sec. 26-1. State election code adopted.
Sec. 26-2. Penalties for violations.
Sec. 26-3. Qualifying period —Generally.
Sec. 26-4. Reserved.
Sec. 26-5. Early voting exemption.
Sec. 26-6. Council vacancies —Resign -to -run law and intervening city general
election.
*Cross reference —Election of the city council, § 2-26.
State law reference —Florida election code, F.S. chs. 97-106.
Supp. No. 31 CD26:1
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ELECTIONS § 26-6
Sec. 26-1. State election code adopted.
The state election code, F.S. chs. 97-106, is
adopted as the procedure for conducting municipal
elections within the city. The duties, authority
and responsibility of state and county officers,
board and bodies set forth in the state election
code shall apply to the corresponding municipal
entities in the conduct of municipal elections.
(Code 1981, § 211.01)
Sec. 26-2. Penalties for violations.
All penalties for violations as provided in the
state election code adopted in this chapter are
specifically adopted as the penalties for viola-
tions of such code as they pertain to municipal
elections conducted within the city.
(Code 1981, § 211.02)
Sec. 26-3. Qualifying period —Generally.
Candidates for the offices of the mayor and
city council shall qualify and pay the applicable
qualifying fee and assessment during regular
business hours of the city at any time after 12:00
noon of the 92nd day prior to the municipal
election and no later than 12:00 noon of the 81st
day prior to the date of the municipal election.
However, in the event that the first or last filing
day falls on a Saturday, Sunday or legal holiday,
then, as may be applicable, the subject first filing
date shall be rescheduled to the next regular
business day and the last filing date shall be
rescheduled to the last preceding regular busi-
ness day.
(Code 1981, § 211.04; Ord. No. 10-2002, § 1,
6-4-02; Ord. No. 08-2006, § 2, 6-20-06; Ord. No.
08-2008, § 2, 7-1-08; Ord. No. 02-2020, § 2,
4-21-20)
Sec. 26-4. Reserved.
Editor's note —Ord. No. 08-2006, § 2, adopted June 20,
2006, deleted § 26-4, which pertained to same —write-in
candidates and derived from Code 1981, § 211.05; and Ord.
No. 10-2002, § 2, adopted June 4, 2002.
Sec. 26-5. Early voting exemption.
The city is hereby exempt from the early
voting provisions of F.S. § 101.657. From time to
time, the city may contract with the Brevard
County Supervisor of Elections to conduct early
voting for the city at the office of the supervisor
of elections and any other early voting sites the
supervisor may establish in public libraries, city
halls, or any other facilities approved by the
supervisor.
(Ord. No. 17-2004, § 2, 10-5-04)
Editor's note —Ord. No. 17-2004, § 2, adopted Oct. 5,
2004, added § 26-4 to the Code. Inasmuch as said section
already existed, at the editor's discretion the new provisions
were codified as § 26-5 to maintain the numerical sequence of
the Code.
Sec. 26-6. Council vacancies —Resign -to -
run law and intervening city
general election.
(a) Whenever a vacancy on the city council is
caused by one or more councilmember(s) resign-
ing from their councilmember seat(s), pursuant
to the requirements of Florida's Resign -to -Run
Law, in order to run for a different office, and the
vacancy or vacancies will take effect prospectively
and said notice of resignation is filed with suf-
ficient time to allow the city to qualify candidates
to fill the vacancy or vacancies by election at the
same time as the next regularly scheduled general
city election (aka an "intervening general city
election"), the city clerk shall conduct a special
election to fill the vacancy or vacancies on the
same election day as the general city election in
accordance with the requirements of this section
and other applicable law.
(b) The special election to fill the vacant
councilmember seat(s) shall be by separate ballot
from the ballot regularly scheduled to be conducted
at the general city election.
(c) If the special election requires the filling of
more than one councilmember vacancy, the elec-
tion to fill the vacancies shall be conducted on a
single ballot in accordance with the procedures
and requirements set forth herein. The candidate
receiving the greatest number of votes on the
ballot to fill the vacancies shall be elected to the
office of a councilmember to serve the seat with
the greatest remaining term. The candidate
receiving the next -greatest number of votes on
the ballot to fill the vacancies shall be elected to
the seat with the next greatest remaining term,
and so on until each of the vacancies are filled. If
Supp. No. 31 CD26:3
§ 26-6
CAPE CANAVERAL CODE
two or more persons receive an equal and high-
est number of votes for the same vacant seat,
such persons shall draw lots to determine who
shall be elected to the seat in question per F.S.
§ 100.181. Further, if the number of qualified
candidates equals the number of vacant seats to
be filled by special election, both candidates will
be deemed elected, but shall, if necessary, draw
lots on the day that they are required to take
office to determine which candidate will serve
the seat with the greatest remaining term.
(d) After candidates have been elected as
provided in this section by the greatest number
of votes, and one or more vacancies remain open
due to an insufficient number of candidate(s)
qualifying for the special election, any unfilled
councilmember seats shall be deemed vacant on
the date that the newly elected councilmem-
ber(s) are scheduled to take office, and the city
council shall appoint a duly qualified person(s)
to fill any such vacancy on or within 90 days of
said date pursuant to section 2.06 of the City
Charter.
(e) The city clerk is authorized to notify the
Brevard County Supervisor of Elections of any
special election required by this section, and the
city clerk shall verify that the supervisor of
elections consents to the date of the special
election pursuant to F.S. § 100.151. If consent is
not given, the city clerk shall immediately notify
the city council, city manager, and city attorney
by email communication, and the city council
may take whatever action is necessary to fill any
vacancy consistent with the requirements of the
City Charter.
(f) The qualifying period for any special elec-
tion required by this section shall be the same as
the city general election unless otherwise required
by the city council to provide a reasonable qualify-
ing period to conduct the special election.
(g) As soon as possible, the city clerk shall
provide public notice of any special election and
the qualifying period required by this section.
Such notice shall be by publication in a newspaper
of general circulation within the city, posting on
bulletin boards located at the city library, City
Hall, appropriate parks and recreation facilities,
the city website and any other city social media
platforms deemed appropriate, and any other
places located within the territorial limits of the
city expressly required by law for municipal
elections or deemed reasonable by the city clerk.
This notice shall be in addition to the general
election notice required by F.S. § 100.342.
(h) The following ballot shall be used for the
special election substantially as follows:
CITY OF CAPE CANAVERAL
[Insert # of] CITY COUNCIL VACANCIES
(Vote for [Insert # of vacancies])
Candidate Name
Candidate Name
Candidate Name
Candidate Name
The city manager, in consultation with the
city clerk, city attorney and the supervisor of
elections, shall be allowed to modify the ballot as
required by law. The city council shall be advised
of any such amendments as soon as practicable.
(Ord. No. 02-2022, § 2, 4-19-22)
Supp. No. 31 CD26:4
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FIRE PREVENTION AND PROTECTION § 38-55
section 38-28, it shall be construed to mean the
fire inspector of the city or its authorized
representative as outlined in Florida Statutes.
(Code 1981, § 626.03; Ord. No. 12-94, § 2(626.03),
4-5-94)
Sec. 38-30. Reserved.
Editor's note -Ord. No. 13-2002, § 3, adopted Aug. 20,
2002, repealed § 38-30, which pertained to the adoption of
the Standard Fire Prevention Code and derived from Code
1981, § 621.2; Ord. No. 14-92, § 1, adopted Aug. 18, 1992;
Ord. No. 17-93, § 1(621.01), adopted June 15, 1993; and Ord.
No. 25-95, § 2, adopted Sept. 19, 1995.
Sec. 38-31. Administrative authority or
official.
Whenever the term "administrative author-
ity" or "official" is used in the code adopted in
section 38-30, it shall be construed to mean the
fire chief of the city or his or her authorized
representative.
(Code 1981, § 621.02; Ord. No. 24-96, § 1,
12-3-96)
Sec. 38-32. Lockboxes required.
(a) Lockboxes are required on structures that
are required to have fire department alarm
systems and on multifamily residences having
enclosed common areas to which the fire depart-
ment, in an emergency, may need to gain access.
The public safety keybox system shall contain
keys for elevator return and door opening, eleva-
tor rooms, fire alarm box room, electrical rooms
and any other keys necessary for the fire depart-
ment to gain access to common areas or through
common areas to individual units. The keybox
system shall not require keys of individual units.
(b) The keybox system may be surface mounted
or flush mounted in an easily accessible location,
and the fire department shall maintain posses-
sion of the only key. If locks are changed in any
of the rooms mentioned in subsection (a) of this
section, the fire department shall be notified
immediately. All keybox systems must be approved
by the fire chief.
(Code 1981, § 621.03)
Sec. 38-33. Private entry gates.
Private entry gates shall be permitted within
the city as long as they meet the following:
(1) The gates do not interfere with the 20
feet of unobstructed access which is
required under the Fire Prevention Code.
(2) Private entry gates for emergency vehicles
that are installed and existing on or
before August 17, 2021, which are
equipped with a siren activated opener,
may remain in service until they are in
need of replacement. Such new gates are
prohibited after August 17, 2021.
(3) All new private entry gates for emergency
vehicles installed after August 17, 2021
shall be equipped with an 800 mhz radio
frequency opening. device.
(4) Private entry gates shall provide for
access by nonemergency fire department
vehicles by use of a Knox switch.
(5) Private entry gates shall provide for
emergency vehicle access during periods
of power outages without delay. Private
entry gates shall open when power fails
and remain open until power is restored.
(Ord. No. 12-96, § 1, 8-6-96; Ord. No. 13-2002,
§ 4, 8-20-02; Ord. No. 35-2021, § 2, 9-21-21)
Sec. 38-34. Conformance.
All private gates erected within the city limits
shall conform to this chapter. Every private
entry gate lawfully permitted at the time of the
adoption of this chapter, which violates or does
not conform to this chapter, shall be removed, or
altered, or replaced, so as to conform with this
chapter within one year from the effective date of
Ordinance Number 12-96.
(Ord. No. 12-96, § 2, 8-6-96)
Secs. 38-35-38-55. Reserved.
Supp. No. 31 CD38:7
§ 38-56
CAPE CANAVERAL CODE
ARTICLE III. FIRE DEPARTMENT*
Sec. 38-56. Fire protection services;
emergency medical services.
The city shall contract with the Cape Canaveral
Volunteer Fire Department, Inc., for the provi-
sion of fire protection and emergency medical
services within the city, unless otherwise provided
in accordance with the City Charter. The city
may however, enter into mutual aid agreements
with any municipality, Brevard County, or private
or federal agency for the purpose of supplement-
ing the fire protection services provided by the
Cape Canaveral Volunteer Fire Department, Inc.
(Ord. No. 15-2003, § 2, 6-3-03)
Sec. 38-57. Volunteer fire department.
The city may support and assist the Cape
Canaveral Volunteer Fire Department, Inc. Such
support and assistance shall be defined and
provided for within the contract for services, as
may be amended, between the city and the Cape
Canaveral Volunteer Fire Department, Inc.
(Laws of Fla., ch. 63-1197, art. XIV, § 2; Ord. No.
15-2003, § 2, 6-3-03)
Sec. 38-58. Duties of fire chief.
(a) It shall be the duty of the fire chief to:
(1) Attend such meetings of the city council
as required by the city council;
(2) Aid in the enforcement of all applicable
laws and city ordinances relating to the
prevention and extinguishment of fires
and the protection of life and property
within the limits of the city and execute
all papers and processes of the city or its
authorities relating thereto; and
(3) Perform such other duties as may be
lawfully required by law or lawfully
assigned by the city council or city
manager.
*Charter reference —Referendum required for certain
fire protection services other than volunteers, art. XIV, § 4.
Cross references —Officers and employees, § 2-91 et
seq.; alarm systems, § 30-26 et seq.
(b) The Cape Canaveral Volunteer Fire Depart-
ment, Inc., shall appoint a lawfully qualified
individual to serve as fire chief who shall have
and exercise control over the fire department.
(Laws of Fla., ch. 63-1197, art. XIV, § 3; Ord. No.
15-2003, § 2, 6-3-03)
Secs. 38-59-38-80. Reserved.
ARTICLE IV. FIREWORKSt
Sec. 38-81. Definitions.
For purposes of this article, "fireworks" shall
mean any combustible or explosive composition
or substance or combinations of substances or
any article prepared for the purpose of producing
a visible or audible effect by combustion, explo-
sion, deflagration or detonation, as defined by
F.S. § 791.01(4)(a), as may be amended.
"Fireworks" does not mean sparklers approved
pursuant to F.S. § 791.013, or novelties, trick
noisemakers, toy pistols or other devices in
which paper caps containing twenty-five
hundredths grains or less of explosive compound
or mixture are used, as defined by F.S.
§§ 791.01(4)(b) and (c), as may be amended.
(Ord. No. 3-93, § 1(602.01), 3-16-93; Ord. No.
05-2004, § 2, 4-6-04)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 38-82. Private use or display
prohibited; public displays
authorized by permit only.
The private use or display of fireworks shall
be strictly prohibited, unless otherwise provided
by law, within the city limits of the city. Public
displays of fireworks shall be permitted within
the city only upon the conditions specified in this
article.
(Ord. No. 3-93, § 1(602.03), 3-16-93; Ord. No.
05-2004, § 2, 4-6-04)
'Cross references —Code enforcement, § 2-246 et seq.;
offenses and miscellaneous provisions, ch. 50.
State law reference —Fireworks, F.S. ch. 791.
Supp. No. 31 CD38:8
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FIRE PREVENTION AND PROTECTION
Sec. 38-83. Application for permit; fee.
Any person planning to make a public display
of fireworks shall first make written application
for a permit to the city treasurer at least 30'days
in advance of time of the proposed display. The
fee for the city permit shall be as established by
resolution of the city council and set forth in
appendix B to this Code, plus the cost of the
firefighters required under section 38-88.
(Ord. No. 3-93, § 1(602.05), 3-16-93)
Sec. 38-84. Investigation of applicant;
issuance or denial of permit.
It shall be the duty of the fire chief to make an
investigation as to whether the public display as
proposed by the applicant for a permit pursuant
to this article is of a character and the display is
in a location and the manner of discharge or
firing, in the opinion of the fire chief after proper
inspection, shall not be hazardous to property or
endanger any person. The fire chief shall inform
the city treasurer of the results of his investiga-
tion. The fire chief may require the applicant for
the permit to make such changes in the character,
location and method of discharging and firing as
deemed by the fire chief to be in the interest of
public safety as a condition to approving the
permit application. The permit shall be for a
period of time designated on the permit, but
shall be for not more than the one day intended
for the public display or a date to which the
display is postponed because of inclement weather
conditions. The permit shall be nontransferable.
If the application is denied by the fire chief, he
shall notify the applicant of the denial in writ-
ing. No public display of fireworks shall be of
such a character and so located, discharged, or
fired as to be hazardous or dangerous to persons
or property, and this determination shall be
within the sound discretion of the fire chief after
proper inspection of the public property.
(Ord. No. 3-93, § 1(602.07), 3-16-93)
Sec. 38-85. Operators.
The persons handling the display of the
fireworks pursuant to this article shall be
competent persons over the age of 18 years and
experienced pyrotechnic operators approved by
§ 38-88
the fire chief and the chief of police or the county
sheriffs precinct supervisor for the city, as the
case may be. No person not approved by the fire
chief and chief of police or the county precinct
supervisor shall handle fireworks at the public
display. The names of the approved operators
shall be designated on the permit when issued.
(Ord. No. 3-93, § 1(602.09), 3-16-93)
Sec. 38-86. Insurance.
The applicant for a public display permit
shall, at the time of making application, furnish
proof that the applicant carries worker's
compensation insurance for applicant's employees
as provided by the laws of the state. The applicant
shall file with the city clerk a certificate of
insurance evidencing the carrying of public
liability insurance in an amount not less than
$1,000,000.00 per occurrence and $3,000,000.00
aggregate issued by an insurance carrier
authorized to transact business in the state for
the benefit of the person named therein as
insured, and the city shall be named as an
additional insured, as evidence of the ability to
respond for damages which may result from or
be attributable to the public display. The insur-
ance policy shall be approved by the city manager.
(Ord. No. 3-93, § 1(602.11), 3-16-93)
Sec. 38-87. Storage of materials.
The material to be used for the public display
authorized by this article shall not be stored
within the city, but shall be brought in on the day
of the public display and taken immediately to
the place of display.
(Ord. No. 3-93, § 1(602.13), 3-16-93)
Sec. 38-88. Attending firefighters.
For each public display of fireworks pursuant
to this article, not less than one firefighter of the
city shall be in attendance during the display.
The expense of such firefighter at the display
shall be borne by the applicant for the permit
and shall be paid in advance at the time of the
application for permit based on the average
hourly rate of a firefighter and the number of
hours specified in the permit.
(Ord. No. 3-93, § 1(602.15), 3-16-93)
Supp. No. 31 CD38:9
§ 38-90
Sec. 38-89. Reserved.
CAPE CANAVERAL CODE
ARTICLE V. HAZARDOUS MATERIALS
AND SUBSTANCES
Sec. 38-90. Definitions.
For purposes of this article, the following
words, terms, and phrases shall have the mean-
ings ascribed to them in this section, except
where the context clearly indicates a different
meaning:
Costs shall mean those necessary and reason-
able costs incurred by the city in connection with
investigating, mitigating, minimizing, removing
or abating discharges of hazardous substances,
including, but not limited to, the actual labor
costs of city personnel or authorized agents, cost
of equipment operation and rental, cost of expend-
able items, including, but not limited to, fire
fighting foam, chemical extinguishing agents,
absorbent material, sand, recovery drums, goggles
and protective clothing (both structural and
chemical protective, disposable or standard use).
Costs shall further include overhead costs and
indirect expense allocable to the foregoing costs.
Discharge shall mean any intentional or
unintentional action or omission resulting in the
releasing, spilling, pumping, pouring, emitting,
emptying or dumping of a hazardous substance
upon public or private property located within
the corporate limits of the city.
Hazardous substance shall mean any substance
or material in a quantity or form, which, in the
determination of the fire chief or his authorized
designee, poses an unreasonable and eminent
risk to the life, health, safety or welfare of
persons or property within the city and shall
include, but not be limited to, any hazardous
substance listed in the National Fire Protection
Association Guide on Hazardous Materials or
the U.S. Environmental Protection Agency's lists
of extremely hazardous substances or the "Florida
Substance List" promulgated by the State of
Florida Department of Labor and Employment
Security.
(Ord. No. 19-94, § 1, 6-21-94)
Sec. 38-91. Cleanup and abatement.
(a) The fire department is hereby authorized
to take such steps as are necessary to clean up,
remove or abate the effects of any hazardous
substances discharged upon or into public or
private property or facilities located within the
corporate limits of the city.
(b) Any person who, without legal justifica-
tion, discharges, participates or assists in the
discharge or authorizes the discharge of any
hazardous substance that requires cleanup,
removal or abatement by the fire department or
its contractors shall be liable to the city for the
costs incurred by the city in the cleanup, removal
or abatement of any such discharge. In the event
that more than one person has made a discharge,
participated in the discharge or authorized the
discharge of a hazardous substance, each such
person shall be jointly and severally liable for
costs incurred in the cleanup, removal or abate-
ment of such discharge.
(c) The fire department shall keep a detailed
record of any costs incurred in the cleanup,
removal or abatement of discharge of any hazard-
ous substance.
(d) The intrusion into a canal, pond, lake or
other waterway by an automotive vehicle shall
constitute a discharge of hazardous substance
described in section 38-90 due to the release of
hydrocarbon materials. In the event of such
intrusion, the fire department shall deploy its
dive rescue team to assist in the vehicle's removal
in order to reduce environmental damage. A fee
of $100.00 shall be included as costs assessed
against the person responsible for such discharge.
(Ord. No. 19-94, § 1, 6-21-94)
Sec. 38-92. Reserved.
Sec. 38-93. Cost recovery; penalties; other
remedies.
(a) Any person responsible for discharging,
participating or assisting in the discharge or
authorizing the discharge of a hazardous
substance shall reimburse the city for the full
amount of all costs associated with the cleanup,
Supp. No. 31 CD38:10
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FIRE PREVENTION AND PROTECTION § 38-93
removal or abatement of any such discharge
within a period of 30 days after receipt of an
itemized bill for such costs from the city.
(b) The remedy provided for in this section
shall be supplemental and in addition to all
other available remedies at law and equity.
(c) Funds recovered pursuant to this section
shall be allocated to the city departments which
incurred costs in the cleanup, removal or abate-
ment of the discharge of a hazardous substance.
It is the intent of this article that levels of
response equipment and inventories and city
funds be replenished to levels which existed
prior to the city's response to a discharge of
hazardous substances.
(Ord. No. 19-94, § 1, 6-21-94)
Supp. No. 31 CD38:11
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PARKS AND RECREATION § 54-2
ARTICLE I. IN GENERAL
Sec. 54-1. Definition of city park.
'City park" means land or portion of land
owned or maintained by the City of Cape
Canaveral which has:
(1) A zoning classification of Public Recreation
and affirmatively designated by the city
by signage or markers for use by the
public as a park, including recreational
open space, playgrounds, and athletic
fields; multi -purpose recreation trails and
boardwalks; frisbee golf courses; botani-
cal and community gardens; public
recreation facilities such as kayak
launches, skate parks, picnic tables and
pavilions, tennis, basketball and bocce
courts, and swimming pools; and other
public or recreational uses approved by
the city council;
(2) A zoning classification of Conservation
and affirmatively designated by the city
by signage or markers for use by the
public as low -intensity public recreation,
including, but not limited to, bicycle/
nature trails, boardwalks pavilions and
overlooks, bird watching, recreational fish-
ing, canoeing or kayaking, nature centers
and small, low -intensity playgrounds, and
other passive recreational uses approved
by the city council; and/or
(3) Been designated as a city park by an
ordinance or resolution adopted by the
city council, or by dedication that has
been accepted by the city council.
(Code 1981, § 606.05; Ord. No. 07-2014, § 2,
6-17-14; Ord. No. 37-2021, § 2, 10-19-21)
Sec. 54-2. Procedures for naming of city
parks.
(a) Intent and purpose; findings. The intent
and purpose of this section is to establish a
uniform method and procedure to assist the city
council in naming certain city parks. The city
council hereby finds that the authority to name
city parks is solely vested in the city council.
Nothing herein shall be construed_ as a delega-
tion of any authority to name a city park to any
other person or entity. The naming of city parks
shall be determined in the sole and absolute
discretion of the city council.
(b) Generally. The naming of a city park shall
be determined by the city council either (i) based
on its own initiative, (ii) upon a recommendation
by the director of leisure services, (iii) upon the
request of any person or entity desiring to assist
the city council in determining the name of any
city park, or (iv) as part of city council approval
of a new land development project which consists
of a new city park pursuant to the city's land
development regulations. The director of leisure
services may make a recommendation to the city
council based on the director's own initiative, or
as part of an assistance petition as set forth
below.
(c) Naming guidelines. When considering the
naming of any city park, the director of leisure
services and city council shall consider the fol-
lowing naming attributes:
1. Recognized geographic names;
2. Natural historic features;
3. Significant historic contributions to the
city, State of Florida, or United States;
4. Significant material or financial contribu-
tions to the city;
5. Persons of historic service to the city;
6. Persons of outstanding civic service to
the city; and
7. Documented community support for the
name.
(d) Other factors. When considering the naming
of any city park, the director of leisure services
and city council shall also consider the following
other factors:
1. The cost that the naming or renaming
will have on the city or any other person
who is or could be materially affected by
the name or name change;
2. Naming proposals that promote alcohol
and tobacco products or political organiza-
tions will not be considered;
Supp. No. 31
CD54:3
§ 54-2
CAPE CANAVERAL CODE
3. Preference shall be given to names of
long established local usage and names
that lend dignity to the park or
recreational facility to be named;
4. Persons currently serving on the city
council or serving as an existing city
employee shall not be considered;
5. Names selected shall be of enduring,
honorable fame, not notoriety and shall
be commensurate with the significance
of the city park;
6. Names with connotations which by
contemporary community standards are
derogatory or offensive shall not be
considered;
7. Proliferation of the same name for differ-
ent city parks shall be avoided;
8. Proliferation of multiple names for differ-
ent parts of a particular city park shall
be avoided; and
9. If the name is an individual person,
whether the individual has ever been
convicted of a felony.
(e) Assistance petitions. Any person or entity
wishing to assist the city council in determining
the name of a city park shall submit an assistance
petition to the director of leisure services for
evaluation and a recommendation by the direc-
tor. The petition shall be in writing and shall
demonstrate the basis on which the petitioner
believes the naming request satisfies the naming
guidelines and other factors set forth in subsec-
tions (c) and (d) and demonstrate that requisite
minimum community support has been obtained
by the petitioner pursuant to subsection (f).
Upon receipt of duly submitted assistance peti-
tion, the director shall make a recommendation
to the city council either for approval or disap-
proval of the assistance petition.
(f) Minimum community support for assistance
petitions. Each assistance petition submitted to
the director pursuant to subsection (e) shall be
accompanied by petition signatures that
demonstrate minimum community support.
Minimum community support is demonstrated if
an assistance petition is signed by at least five
percent of the residents of Cape Canaveral based
on the last officially reported population statistics
maintained by the city.
No assistance petition shall be processed by the
city manager unless said petition has the
minimum number of signatures required by this
subsection.
(Ord. No. 10-96, § 1, 6-18-96; Ord. No. 21-2004,
§ 2, 11-16-04; Ord. No. 07-2014, § 2, 6-17-14)
Sec. 54-3. Reserved.
Editor's note —Ord. No. 07-2014, § 2, adopted June 17,
2014, repealed § 54-3, which pertained to open fires restricted
and derived from Ord. No. 01-2003, § 3, adopted Jan. 21,
2003.
Sec. 54-4. Commercial solicitation.
No person shall solicit, canvass or merchandise
for the sale or rental of merchandise, services,
goods, promotional schemes, advertising programs
or property of any kind or character in the
following locations in the city:
(1) All of the sand beach areas between the
Atlantic Ocean and the city set back line
for beachfront lots, except as authorized
by franchise agreement pursuant to sec-
tion 54-5, herein
(2) All public parking lots and facilities for
beach or park access, including dune
crossovers.
(3) All publicly owned parks.
The words "solicit" or "canvass" as used herein
shall include any act, delivery or exchange not
initiated by the prospective customer, which
directs attention to any business, mercantile or
commercial establishment or enterprise, or any
other commercial activity, for the purpose of
directly or indirectly promoting commercial
interests through sales, rentals or any exchange
of value.
(Ord. No. 26-2003, § 2, 9-2-03; Ord. No. 14-2010,
§ 2, 12-21-10)
Sec. 54-5. Commercial beach vendor
franchises.
(a) Authority. The city council may enter into
franchise agreements granting the right, privilege
and franchise to use the sand beach areas within
Supp. No. 31 CD54:4
•
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•
PARKS AND RECREATION § 54-5
the city's jurisdictional boundaries to solicit,
canvass or merchandise for the sale of food and
nonalcoholic beverages. Said franchise agree-
ments shall be for the purpose of a particular
person or entity operating a commercial beach
vending business in the city in conformity with,
and subject to, all provisions, terms and condi-
tions of this section. A person's or entity's right
to use the city's beaches for the franchise purposes
stated herein shall not be exclusive and the city
reserves the right to grant the use of its beaches
to any person at any time during the period of
any franchise awarded pursuant to this article.
(b) Award of franchise. All franchises granted
hereunder shall be awarded by the city council
through the submission and consideration of
competitive bids pursuant to all applicable laws
and policies. Franchises shall not exceed a term
of five years with an optional one year renewal
provided both parties agree and no more than
two franchises shall be in effect at any given
time. A map of the approved franchise area will
be provided to the franchisee and a copy kept by
the director of leisure services. In considering
any bids submit-
Supp. No. 31 CD54:4.1
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PLANNING § 58-56
ARTICLE I. IN GENERAL
Sec. 58-1. Notice requirement for amend-
ments to future land use map.
In addition to any notice requirements provided
by state law, all public hearings for future land
use map amendments shall be publicly noticed
in the same manner as zoning map amendments
as set forth in section 110-28.
(Ord. No. 04-2008, § 2, 5-6-08; Ord. No. 27-2021,
§ 2, 9-21-21)
Secs. 58-2-58-25. Reserved.
ARTICLE II. PLANNING AND ZONING
BOARD*
Sec. 58-26. Reserved.
Editor's note -Ord. No. 11-2005, § 2, adopted June 21,
2005, deleted § 58-26, which pertained to established and
derived from Code 1981, § 257.01(C), (E), (F); and Ord. No.
12-2003, § 7, adopted July 1, 2003.
Sec. 58-27. Reserved.
Editor's note -Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted § 58-27, which pertained to qualifications and
derived from Code 1981, § 257.02 and Ord. No. 52-93, § 1,
adopted Jan. 4, 1994.
Sec. 58-28. Reserved.
Editor's note -Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted § 58-28, which pertained to ex officio members
and derived from Code 1981, §§ 257.03 and 257.04.
Sec. 58-29. Reserved.
Editor's note -Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted § 58-29, which pertained to conflict of interest
and derived from Code 1981, § 257.05.
Sec. 58-30. Reserved.
Editor's note -Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted § 58-30, which pertained to rules of procedure
and derived from Code 1981, § 257.06.
*Charter reference -Zoning and planning board, art.
XVI, § 2.
Cross references -Boards, committees, commissions,
§ 2-171 et seq.; the beautification board shall coordinate
activities regarding landscaping, etc., with the planning and
zoning board, § 2-185.
Sec. 58-31. Reserved.
Editor's note -Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted § 58-31, which pertained to quorum and
derived from Code 1981, § 257.07.
Sec. 58-32. Reserved.
Editor's note -Ord. No. 12-2003, -§ 7, adopted July 1,
2003, deleted § 58-32, which pertained to alternate members
and derived from Code 1981, § 257.08.
Sec. 58-33. Reserved.
Editor's note -Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted § 58-33, which pertained to minutes and
derived from Code 1981, § 257.09.
Sec. 58-34. Reserved.
Editor's note -Ord. No. 11-2005, § 2, adopted June 21,
2005, deleted § 58-34, which pertained to duties and derived
from Code 1981, § 257.10.
Sec. 58-35. Reserved.
Editor's note -Ord. No. 17-2003, § 2, deleted § 58-35,
which pertained to master plan preparation and scope and
derived from Code 1981, § 257.11.
Sec. 58-36. Reserved.
Editor's note -Ord. No. 11-2005, § 2, adopted June 21,
2005, deleted § 58-36, which pertained to indebtedness.
Secs. 58-37-58-55. Reserved.
ARTICLE III. LOCAL PLANNING
AGENCY-{
Sec. 58-56. Designation and establish-
ment.
Pursuant to and in accordance with the provi-
sions of chapter 163, Florida Statutes, the plan-
ning and zoning board of the City of Cape
Canaveral, Florida is designated and established
as the local planning agency for the City of Cape
Canaveral, Florida and shall be referred to as
the local planning agency.
(Code 1981, § 261.01; Ord. No. 31-94, § 1, 8-2-94;
Ord. No. 7-99, § 1, 6-15-99)
lCross reference -Boards, committees, commissions,
§ 2-171 et seq.
Supp. No. 31 CD58:3
§ 58-57 CAPE CANAVERAL CODE
Sec. 58-57. Duties and responsibilities.
The local planning agency shall perform such
duties as provided in accordance with the provi-
sions of F.S. §§ 163.3161-163.3211.
(Code 1981, § 261.02)
Sec. 58-58. Designation of agency, depart-
ment, committee or person to
prepare comprehensive plan.
The city council, in cooperation with the local
planning agency, may designate any agency,
department, committee or person to prepare the
comprehensive plan for the city or any element
thereof under the supervision and direction of
the local planning agency.
(Code 1981, § 261.03)
Supp. No. 31 CD58:4
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Chapter 74
TRAFFIC AND VEHICLES*
Article I. In General
Sec. 74-1. Travel on other than streets or highways.
Secs. 74-2-74-25. Reserved.
Article II. Trucks
Sec. 74-26. Definitions.
Sec. 74-27. Applicability.
Sec. 74-28. Penalties.
Sec. 74-29. Exceptions.
Sec. 74-30. Truck routes established.
Sec. 74-31. Maps of truck routes.
Sec. 74-32. Signs for truck routes.
Secs. 74-33-74-55. Reserved.
Article III. Stopping, Standing, Parking
Sec. 74-56. State law adopted.
Sec. 74-56.5. Stopping, standing or parking in rights -of -way prohibited.
Sec. 74-56.6. Parking on city owned or leased property.
Sec. 74-57. Penalties.
Sec. 74-58. Authority to establish no parking zones.
Sec. 74-59. Dune parking prohibited.
Sec. 74-60. Truck parking.
Sec. 74-61. Overnight parking.
Sec. 74-62. Designation of fire lanes.
Sec. 74-63. County's civil traffic infraction hearing officer program adopted.
Secs. 74-64-74-75. Reserved.
Article IV. Operation of Golf Carts and Low -Speed Vehicles on Roads
Sec. 74-76. Intent; definitions.
Sec. 74-77. Use of golf carts on designated roadways.
Sec. 74-78. Licensed use; revocable; claims prohibited and waived.
Sec. 74-79. Restrictions.
Sec. 74-80. Required minimum equipment.
Sec. 74-81. Inspection and registration of golf carts required.
Sec. 74-82. Insurance required.
Sec. 74-83. Low -speed vehicles.
Sec. 74-84. Enforcement.
*Cross references —Possession or consumption of alcoholic beverages while in motor vehicles, § 6-66 et seq.; environment,
ch. 34; litter, § 34-26 et seq.; throwing litter from vehicles prohibited, § 34-33; noise, § 34-151 et seq.; abandoned property,
§ 34-176 et seq.; streets, sidewalks and other public places, ch. 66; streets, § 66-26 et seq.; vehicles for hire, ch. 80; concurrency
management system, ch. 86; visibility requirements at intersections, § 110-469; location of recreational vehicles, camping
equipment, boats and boat trailers in certain areas of the city, § 110-551 et seq.
Supp. No. 31 CD74:1
•
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TRAFFIC AND VEHICLES
Sec. 74-56.5. Stopping, standing or park-
ing in rights -of -way
prohibited.
(a) In addition to any prohibition imposed by
state law, no person shall stop, stand or park a
vehicle on any portion of a right-of-way, improved
or unimproved, including on a sidewalk or on the
paved portion and any shoulder or berm, except
when necessary to avoid conflict with other
traffic, or to comply with law, the directions of a
police officer or official traffic device. The term
"sidewalk" shall be as defined in F.S. § 316.003
and shall include any portion of a sidewalk that
traverses a driveway.
(b) This section shall not be construed to
prohibit the parking of vehicles on beach -end
streets where expressly authorized by the City
Code, nor shall it be construed to prohibit park-
ing on designated parking areas located in rights -
of -way which are legally nonconforming as of
November 4, 2010. This section shall also not be
construed to prohibit the temporary parking of
service or delivery vehicles on a right-of-way
(excluding sidewalks), provided such vehicles
are in actual use providing service or delivery
and provided such vehicles do not obstruct
pedestrian or vehicular traffic.
(c) The city council may authorize the
temporary parking of vehicles on a right-of-way
(excluding sidewalks) during seasonal holidays
and special events.
(Ord. No. 16-2010, § 2, 11-4-10)
Sec. 74-56.6. Parking on city owned or
leased property.
(a) - Whenever the city manager shall determine
that the orderly, efficient conduct of the city's
business or public safety requires that parking
or standing of vehicles on city owned or leased
property be prohibited, limited or restricted, the
city manager shall have the power and authority
to order signs to be erected or posted, and to
install and have maintained parking space mark-
ings, indicating that the parking of vehicles is
thus prohibited, limited or restricted.
(b) The prohibitions, limitations or restric-
tions authorized by this section may include, but
not be limited to, establishing designated or
§ 74-57
prohibited parking spaces, establishing tow zones,
requiring city issued decals affixed to a vehicle,
limiting parking to certain days and hours,
limiting the size of vehicles, requiring directional
parking, establishing loading zones and enforc-
ing any ordinance, rule or regulation adopted by
the city council.
(c) When signs or parking space markings are
in place, giving notice of such prohibition, limita-
tion or restriction authorized hereunder, no person
shall park or stand any vehicle contrary to the
directions or provisions of such signs or parking
space markings.
(Ord. No. 43-2021, § 2, 12-21-21)
Sec. 74-57. Penalties.
(a) [Violations] Any person violating this
article shall be punished in accordance with the
schedule as follows:
Supp. No. 31 CD74:5
Violation
Penalty
(1) Parked in excess of
authorized time
$ 30.00
(2) Parked in no parking zone
30.00
(3) Parked in loading zone
30.00
(4) Parked in reserved zone
without permit
30.00
(5) Parked irregularly (extend-
ing over boundary)
30.00
(6) Parked in handicapped
space
100.00
(7) Parked double or obstruct-
ing traffic
30.00
(8) Parked on sidewalk
30.00
(9) Parked on ocean dunes
100.00
(10) Parked in fire lane
30.00
(11) Parking city property in
violation of section 74-56.6
30.00
(12) Other
30.00
(b) Surcharge on parking fines.
(1) A surcharge in the amount of $10.00 is
hereby imposed on all parking fines
imposed under this article for parking
violations occurring within the city, for
the sole purpose of funding school cross-
ing guard programs.
(2) The proceeds collected from this surcharge
shall be placed in the "Cape Canaveral
Supp. No. 31
CD74:5
§ 74-57
CAPE CANAVERAL CODE
School Crossing Guard Trust Fund," which
is hereby established, and funds col-
lected from this surcharge shall be
distributed quarterly to fund school cross-
ing guard programs. The city may set
aside funds derived from this surcharge
to pay for start-up costs and recurring
administrative costs related to printing
new tickets or other means of implement-
ing the school crossing guard program.
(Code 1981, § 685.06; Ord. No. 6-93, § 1(685.06),
4-6-93; Ord. No. 29-93, § 1(685.06), 9-21-93; Ord.
No. 40-93, § 3, 10-19-93; Ord. No. 1-94, § 2,
2-1-94; Ord. No. 29-2003, § 2, 9-16-2003; Ord.
No. 14-2009, § 2, 1-5-10; Ord. No. 43-2021, § 2,
12-21-21)
Sec. 74-58. Authority to establish no park-
ing zones.
(a) Except as provided in subsection (b) of this
section, the chief law enforcement officer may
establish no parking zones by designating those
places where motor vehicles are prohibited from
parking. The chief law enforcement officer shall
place a sign or other identifying mark indicating
no parking zones.
(b) The city fire chief shall designate all fire
lanes in which it shall be unlawful for any
vehicle to park in accordance with the provisions
of section 74-62. The city fire chief or designee is
designated as a parking enforcement specialist
who may enforce prohibitions against parking in
fire lanes.
(Code 1981, § 685.02; Ord. No. 40-93, § 2,
10-19-93; Ord. No. 1-94, § 1, 2-1-94)
Sec. 74-59. Dune parking prohibited.
It shall be unlawful for any vehicle to park on
any of the ocean dimes, and any such parking
may be ticketed as a violation of this article.
(Code 1981, § 685.03)
Cross reference —Waterways, ch. 106.
Sec. 74-60. Truck parking.
It shall be unlawful for any truck weighing
6,000 pounds or more to park anywhere within
the City of Cape Canaveral for more than four
consecutive hours where so posted.
(Code 1981, § 685.04; Ord. No. 11-99, § 1,
8-17-99)
Sec. 74-61. Overnight parking.
It shall be unlawful for any vehicle to park on
any of the beach end streets east of Ridgewood
Avenue between the hours of 10:00 p.m. and 5:00
a.m., and any such parking shall be ticketed as a
violation of this article. For the purposes of this
section, the term "beach end street" means a
street within the city that has as its east terminus
the Atlantic Ocean or the dune line which runs
north and south parallel to the Atlantic Ocean.
(Code 1981, § 685.05)
Sec. 74-62. Designation of fire lanes.
(a) The city fire chief shall be authorized to
designate fire lanes on or in a public street, alley,
roadway or premises, or on any public property
which, in his opinion, would be necessary or
desirable for the free movement of fire apparatus
or of firefighting personnel responding to or
operating at a scene of a fire or other public
emergency.
(b) Designated fire lanes authorized by the
city fire chief shall be appropriately identified
with signs bearing the words "Fire Lane, No
Parking." The signs and lettering shall be standard
information type traffic signs, with red letters on
white background. In addition, the city fire chief
may require diagonal striping placed on or in
any public street, alley, roadway or premises or
on any public property or any private property to
which the public has access and the words "Fire
Lane, No Parking" painted thereon in letters no
less than 18 inches in length.
(c) The city fire chief may require, as a condi-
tion of the issuance of a building permit, site
plan or development plan, that the owner thereof
designate fire lanes on the property subject to
the building permit, site plan or development
plan when the city fire chief determines that
such designation is necessary to protect the
public health, safety and welfare. Any such
private property designated as a fire lane shall
be marked in accordance with subsection (b) of
this section and subject to the provisions of
subsection (d) of this section.
(d) Vehicles, equipment or materials parked
or stored in an area designated as a fire lane
shall be removed, ticketed and/or impounded
Supp. No. 31 CD74:6
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TRAFFIC AND VEHICLES
upon the order of the city fire chief or designee or
the chief law enforcement officer of the city, and
all costs of such removal and impounding shall
be assessed against the owner, lessee or other
person having control of such vehicle, equipment
or material.
(Ord. No. 1-94, § 3, 2-1-94)
Sec. 74-63. County's civil traffic infraction
hearing officer program
adopted.
Pursuant to F.S. chs. 316 and 318, the city
shall participate in the county's civil traffic
hearing officer program as set forth in sections
106-75, 106-76, 106-77 and 106-49, excepting
that certain fee schedule as adopted in;° 106-
49(a)(1) of the ordinances of the county.
(Ord. No. 6-95, § 1, 3-21-95)
Secs. 74-64-74-75. Reserved.
ARTICLE IV. OPERATION OF GOLF
CARTS AND LOW -SPEED VEHICLES ON
ROADS
Sec. 74-76. Intent; definitions.
(a) The city council recognizes that "golf carts"
and "low -speed vehicles" are each distinctly
defined and their operation on roads and streets
are regulated differently under Florida law.
Accordingly, pursuant to F.S. § 316.212, it is the
intent of the city council to allow and authorize
the operation of golf carts only under certain
requirements and conditions provided the city
council, by resolution, specifically designates a
city road and street for use by golf carts. It is
also the intent of this article to recognize that
low -speed vehicles are allowed on city streets
and roads as permitted by F.S. § 316.2122,
unless otherwise prohibited by the city council,
by resolution, upon a determination that such
prohibition is necessary in the interest of safety.
(b) For purposes of this article, the following
words and phrases shall have the following
ascribed meaning:
(i) "Golf cart" shall be as defined in F.S.
§ 320.01(22), and means a motor vehicle
§ 74-77
that is designed and manufactured for
operation on a golf course for sporting or
recreational purposes and that is not
capable of exceeding speeds of 20 miles
per hour.
(ii) 'Designated roadways "means those roads
identified by the city council, by resolu-
tion, as being safe for operation of golf
carts considering factors including speed,
volume, and character of motor vehicle
traffic using said road in accordance with
all requirements for operation set forth
in this article.
(iii) "Driver's license" means a valid license
issued to operate a motor vehicle issued
by the State of Florida or any other state.
(iv) "Inspection" shall mean a safety evalua-
tion of each registered golf cart for
purposes of confirming that the golf cart
meets the minimum requirements of this
article performed by the by the city depart-
ment or sheriffs office as designated by
the city manager.
(v) "Low -speed vehicle" means any four -
wheeled vehicle whose top speed is greater
than 20 miles per hour but not greater
than 25 miles per hour, including, but
not limited to, neighborhood electric
vehicles. Low -speed vehicles must comply
with the safety standards in 49 C.F.R. s.
571.500 and F.S. § 316.2122. For purposes
of this article, "golf carts" as defined in
F.S. § 320.01(22) or "speed modified golf
carts" shall not be considered "low -speed
vehicles" and shall be subject to the
specific rules and regulations governing
golf carts adopted under this article.
(Ord. No. 04-2022, § 2, 8-16-22)
Sec. 74-77. Use of golf carts on designated
roadways.
(a) It shall be unlawful for a person to operate
a golf cart on any road or street within the City
of Cape Canaveral jurisdictional limits except
upon designated roadways expressly authorized
by the city council. It shall also be unlawful to
operate a golf cart in violation of any provision
set forth in this article.
Supp. No. 31 CD74:7
§ 74-77
CAPE CANAVERAL CODE
(b) The city council may, by resolution,
designate a city street or road suitable and safe
for golf cart use after considering factors includ-
ing speed, volume, and character of motor vehicle
traffic using said street or road in accordance
with all requirements for operation set forth in
this article.
(c) Upon designation by the city council, by
resolution, golf carts may be operated on such
designated roadway within the city limits of the
City of Cape Canaveral where the roadway is
posted by the city with appropriate signage to
indicate that such operation is allowed.
(d) Golf cart use may only be authorized on
roadways with a posted speed limit of 30 miles
per hour or less. Golf carts shall not be operated
on any roadway where the designated speed
limit is greater than 30 miles per hour.
(e) Golf cart use shall not be allowed on any
state or county roadway, except to cross at
designated intersections approved by the state
or county with jurisdiction over the roadway in
accordance with applicable law for the purpose of
immediately reaching the next designated
roadway. If a crossing is designated on any state
or county road or street, it shall be unlawful for
a golf cart to cross the state or county road at any
other location.
(f) This article does not authorize the use of
golf carts on private property. Golf carts shall
not be operated on private property unless
authorized by the property owner.
(g) Golf carts shall not be operated on
sidewalks, bicycle paths, swales, or trails.
(Ord. No. 04-2022, § 2, 8-16-22)
Sec. 74-78. Licensed use; revocable; claims
prohibited and waived.
(a) The operation of a golf cart on a roadway
designated by the city or a low -speed vehicle on a
road not prohibited by the city shall be deemed
to be a license to use those roadways and such
license shall be revocable by the city council in
its legislative capacity based upon its
consideration of the public health, safety and
welfare of the public arising from such use.
(b) The authorization to use golf carts on any
designated roadway shall not limit or otherwise
prohibit the city council from amending or repeal-
ing of this article or any resolution adopted in
furtherance thereof; contracting or expanding
the number of designated roadways on which
golf carts can be operated; or designating the
crossing points for state or county roads, as may
be approved by the state or county. Further, the
lack of a prohibition to use low -speed vehicles on
roadways shall not prohibit the same by city
council relative to low -speed vehicles. All persons
operating golf carts or low -speed vehicles on city
streets or roads, whether designated or prohibited
roadways or not, do so on the condition that
there shall be no claim for monetary loss or other
claim for the loss of allowed golf cart or low -
speed vehicle operation on such streets or roads
or any monetary claim therefore based on a
claim for action in reliance on the provisions of
this article. The city council retains the unlimited
legal authority to revoke, amend or to otherwise
legislate as to the operation of golf carts or
low -speed vehicles on streets without liability of
any kind arising from its legislative decisions.
(c) Any person operating a golf cart or low -
speed vehicle enjoying a license hereunder for
such purpose and all persons who are passengers
in such golf cart or low -speed vehicle shall be
deemed to have waived any claim against the
city for its legislative decision to allow the
operation of such golf carts on designated city
streets or low -speed vehicles on streets in compli-
ance with this article, and this article is declared
by the city council to be a legislative act of the
city pursuant to the authority granted by Florida
Statutes.
(d) Any person operating a golf cart or low -
speed vehicle on any road or street within the
City of Cape Canaveral does so at their own risk
and must operate such a vehicle with due regard
for the safety and convenience of other motor
vehicles, bicyclist(s) and pedestrians. The city, in
extending operating privileges to golf carts or
low -speed vehicles, does so on the express condi-
tion that the operator undertakes such operation
at their own risk and assumes sole responsibility
for operating said vehicle, and shall be deemed
to defend, release, indemnify and hold harmless
Supp. No. 31 CD74:8
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TRAFFIC AND VEHICLES
the City of Cape Canaveral, its officials, attorneys
and employees from any and all claims, demands,
damages, or causes of action, known or unknown,
of any nature arising from such operation by any
person against the City of Cape Canaveral and
its officials, attorneys and employees.
(Ord. No. 04-2022, § 2, 8-16-22)
Sec. 74-79. Restrictions.
Golf carts operating on designated roadways
shall be subject to the following restrictions:
(a) Hours of operation. Golf carts may be
operated on designated roadways only
during the hours between sunrise and
sunset. However, the operation of golf
carts on designated roadways between
sunset and sunrise is allowed as long as
the golf carts operating during this time
are equipped with headlights, brake lights,
turn signals, and a windshield in addi-
tion to the other equipment required
under section 74-80. Such lights must be
on when the golf cart is operating on
streets and roads between sunset and
sunrise.
(b) Licensed driver. Golf carts operating on
designated roadways must be operated
by a person who is at least 16 years of
age, and who possesses a valid driver's
license. Persons who possess a valid
learner's permit may operate a golf cart
on designated roadways when
accompanied by a licensed driver of at
least 18 years of age. No person may
operate a golf cart on city streets and
roads who has a suspended driver's license
or whose driver's license has been revoked.
(c) Maximum speed. Golf carts operating on
designated roadways shall not exceed 20
miles per hour.
(d) Compliance with traffic laws. Golf carts
shall be operated in accordance with all
applicable local and state traffic regula-
tions. Golf carts shall not be operated at
such a slow speed as to impede, obstruct
or block the normal or reasonable move-
ment of traffic, except when reduced
speed is necessary for safe operation or
§ 74-80
compliance with law. Golf carts shall
stay to the far right of any designated
roadway, and shall yield the right-of-way
to overtaking drivers.
(e) Parking. Golf carts shall comply with all
applicable parking regulations in the same
manner as any other motor vehicle.
(f) Occupants. The number of occupants in a
golf cart operated on designated roadways
shall be limited to the number of seats on
the golf cart provided by the golf cart
manufacturer. No occupants of a golf cart
shall stand at any time while the golf
cart is in motion.
(g) Alcohol. All state regulations governing
the use and possession of alcoholic bever-
ages while operating a motor vehicle
shall apply to the operation of golf carts
on designated roadways.
(Ord. No. 04-2022, § 2, 8-16-22)
Sec. 74-80. Required minimum equipment.
All golf carts operated on designated roadways
shall maintain the following minimum equip-
ment in good working order:
(a) Efficient brakes;
(b) Reliable steering apparatus;
(c) Safe tires;
(d) Rearview mirrors;
(e) Red reflectorized warning devices, both
in the front and the rear;
(f) Headlights if operated between sunset
and sunrise;
(g) Brake lights if operated between sunset
and sunrise;
(h) Turn signal if operated between sunset
and sunrise; and
(i) Horn meeting the standards of F.S.
§ 316.271.
(Ord. No. 04-2022, § 2, 8-16-22)
Supp. No. 31 CD74:9
§ 74-81
CAPE CANAVERAL CODE
Sec. 74-81. Inspection and registration of
golf carts required.
All golf carts operating on designated roadways
in the City of Cape Canaveral shall be registered
and inspected in a manner administratively
determined by the city manager as follows:
(a) Golf carts shall be registered by the
owner of the golf cart on a form prescribed
by the city. The owner shall pay an
annual registration fee established by
resolution of the city council, and shall
be issued a registration decal which shall
be affixed to the back driver's side of the
golf cart in a location easily visible to law
enforcement. Decals shall be issued annu-
ally, and are valid for one year.
(b) Prior to issuance of a registration decal,
golf cart owners shall be required to
provide proof of ownership and liability
insurance, a valid driver's license and
sign an affidavit of compliance. The insur-
ance and license must remain in full
force and effect at all times the golf cart
is operated on city streets or roads.
(c) At the time of registration, the city shall
inspect the golf cart to verify road worthi-
ness and to ensure the required equip-
ment is installed and working properly.
(d) Lost or stolen registration decals are the
responsibility of the golf cart owner. A
police report shall be filed in the event of
a lost or stolen decal. The police chief or
the police chiefs designee shall have the
discretion to determine whether a replace-
ment decal may be issued. If no existing
registration information is available, the
police chief may direct the golf cart owner
to reapply and to repay any required fees
prior to a replacement decal being issued.
(e) No registration is required for golf carts
which are not operated on city streets or
roads.
(Ord. No. 04-2022, § 2, 8-16-22)
Sec. 74-82. Insurance required.
All golf cart owners are required to purchase
and maintain liability insurance insuring against
personal injury and property damage. Minimum
required insurance shall be the same as for
motor vehicles registered in the State of Florida
for personal use and as designated by Florida
Statutes. Proof of insurance must be presented
at time of golf cart registration, and must be
possessed at all times by the golf cart operator
while operating the golf cart on designated
roadways.
(Ord. No. 04-2022, § 2, 8-16-22)
Sec. 74-83. Low -speed vehicles.
(a) Authorization to operate low -speed vehicles.
Low -speed vehicles may be operated within the
city limits where the posted speed limit is 35
miles per hour or less. Pursuant to F.S.
§ 316.2122(1), this does not prohibit a low -speed
vehicle from crossing a road or street at an
intersection where the road or street has a
posted speed limit of more than 35 miles per
hour. However, the city council may in its legisla-
tive discretion, by resolution, prohibit the opera-
tion of low -speed vehicles on any city street or
road under its jurisdiction if the city council
determines that such prohibition is necessary in
the interest of safety.
(b) Equipment and minimum standards.
According to the requirements set forth in F.S.
§ 316.2122, a low -speed vehicle must be equipped
with headlamps, stop lamps, turn signal lamps,
tail lamps, reflex reflectors, parking brakes,
rearview mirrors, windshields, seat belts and
vehicle identification numbers. A low -speed
vehicle must be registered and insured in
accordance with F.S. § 320.02. Any person operat-
ing a low -speed vehicle must have in his or her
possession a valid driver's license.
(c) Hours of operation. Low -speed vehicles
may be operated at any time.
(d) Compliance with traffic laws. Low -speed
vehicles shall comply with all local and state
traffic laws, and may be ticketed for traffic
violations in the same manner as motor vehicles.
(Ord. No. 04-2022, § 2, 8-16-22)
Supp. No. 31 CD74:10
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TRAFFIC AND VEHICLES § 74-84
Sec. 74-84. Enforcement.
A violation of this article shall constitute a
non -criminal infraction enforceable pursuant to
the provisions of F.S. § 316.212(9), and city
ordinances by a law enforcement officer or city
code enforcement officer as such officer's legal
authority and jurisdiction allows. In addition,
other avenues for the enforcement of violations
of this article may be enforced by city code
enforcement officers as a code violation pursuant
to chapter 2, Article VI, Code Enforcement of the
City Code. The Uniform Traffic Citations shall
only be used for violations that are also viola-
tions of the Florida Uniform Traffic Control Law.
(Ord. No. 04-2022, § 2, 8-16-22)
Supp. No. 31 CD74:11
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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 III. 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 based business 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. 31 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. 31 CD94:2
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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 based business signs pursuant to
section 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;
Ord. No. 36-2021, § 3B, 11-16-21)
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. 31 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. 31 CD94:10
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.
(h) Window signs. Window signs that do not
comply with section 94-4.
(i) Ground signs with exposed metal sup-
ports including poles.
(j) Air -inflated devices.
(k) Marquee signs.
(l) Roof signs.
(m) Projecting signs, unless they comply with
the provisions of section 94-79.
(n) Temporary signs, unless specifically
authorized under this chapter.
(o) Flags and pennants that are not
governmental in origin.
(p) [Emissions.] Signs that emit an audible
sound, odor, or visible matter such as
smoke or steam.
(q) [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.
(r) Balloon display.
(s) Discontinued signs.
(t) Animated signs or signs of a flashing,
running or revolving nature.
(u) Snipe signs.
(v) Obscene signs.
(w) Hazardous signs.
(x) [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
Supp. No. 31
CD94:10
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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 hoursof
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. 31 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 based business signs.
One nonilluminated sign that does not exceed
two square feet in area shall be allowed per
home based business in accordance with 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 affixed signs per unit.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 36-2021,
§ 3B, 11-16-21)
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. 31 CD94:20
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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 based busi-
ness
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'
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
Max. 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.
Supp. No. 31
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 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; Ord.
No. 36-2021, § 3B, 11-16-21)
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.
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.
Supp. No. 31 CD94:22
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SIGNS § 94-121
(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 IV. 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
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.
Supp. No. 31
CD94:23
§ 94-121
CAPE CANAVERAL CODE
(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. 31 CD94:24
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ZONING
Sec. 110-384. Prohibited uses and structures.
Sec. 110-385. Area and dimensions.
Sec. 110-386. Minimum setbacks.
Sec. 110-387. Off-street parking and access.
Division 10. Conservation (CON)
Sec. 110-388. Intent.
Sec. 110-389. Principle uses and structures.
Sec. 110-390. Accessory uses and structures.
Sec. 110-391. Prohibited uses and structures.
Sec. 110-392. Area and dimensional standards.
Sec. 110-393. Minimum setbacks.
Sec. 110-394. Off-street parking and access.
Secs. 110-395-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
Sec. 110-404. Common open space, drainage systems, private roads and other
related common facilities.
Sec. 110-405. Physical review.
Sec. 110-406. Building permit.
Sec. 110-407. Bonding.
Sec. 110-408. Termination zone.
Sec. 110-409. Enforcement.
Secs. 110-410-110-420. Reserved.
Division 2. Development Plans
Sec. 110-421. Application.
Sec. 110-422. Procedure for receiving approval of preliminary development
plan and tentative zoning.
Sec. 110-423. Procedure for approval of final development plan.
Secs. 110-424-110-435. Reserved.
Division 3. Land Use Regulations
Sec. 110-436. Minimum size.
Sec. 110-437. Maximum density.
Sec. 110-438. Minimum common recreation and open space.
Sec. 110-439. Minimum lot area; frontage; setbacks; accessory uses.
Sec. 110-440. Maximum length of structures.
Sec. 110-441. Minimum floor area.
Sec. 110-442. Offstreet parking.
Sec. 110-443. Underground utilities.
Sec. 110-444. Development standards.
Sec. 110-445. Preservation of trees.
Secs. 110-446-110-455. Reserved.
Article IX. Supplementary District Regulations
Division 1. Generally
Sec. 110-456. Application of performance standards.
Supp. No. 31 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 Based Businesses
Sec. 110-521. Permitted home based businesses.
Sec. 110-522. Reserved.
Sec. 110-523. Reserved.
Secs. 110-524-110-535. Reserved.
Supp. No. 31 CD110:6
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ZONING § 110-1
facility may or may not include the sale of
gasoline at fueling stations. A convenience store
with the sale of gasoline at fueling stations may
also be referred to as a "service station" or
"automotive service station."
Court means an unoccupied open space on the
same lot with the principal building and enclosed
on at least three adjacent sides by walls of the
principal building.
Courtesy notice means a notice of a public
hearing, not required by law, mailed at the city's
discretion pursuant to the provisions of this
chapter to property owners within 500 feet of
property which is the subject of the public hear-
ing. Courtesy notices may be sent by regular or
certified mail, as set forth herein.
Dedication means the deliberate appropria-
tion of land by its owner for any general and
public uses, reserving to himself no other rights
than such as are compatible with the full exercise
and enjoyment of .the public uses to which the
property has been devoted.
Dish antenna. See the definition of "earth
station antenna."
Drive-in restaurant or refreshment stand means
any place or premises used for sale, dispensing
or servicing of food, refreshments or beverages in
automobiles, including those establishments
where customers may serve themselves and may
eat or drink the food, refreshments or beverages
on the premises.
Drive, private, means a private way set aside
for vehicular traffic that does not exceed 200 feet
in developed length and serves less than four
residential, commercial or any combination of
residential and commercial units.
Dwelling, mobile home, means a detached
residential dwelling unit over eight feet in width,
which bears a seal from the United States
Department of Housing and Urban Develop-
ment, designed for travel over highways and
streets or for house accommodations or both,
manufactured on an integral chassis or undercar-
riage and arriving at the site where it is to be
occupied, except for minor and incidental unpack-
ing and assembly operations, location on jacks or
other temporary or permanent foundations, con-
nection to utilities and the like.
Dwelling, multiple -family, means a residential
building designed for or occupied by three or
more families, with the number of families in
residence not exceeding the number of dwelling
units provided.
Dwelling, single-family, means a detached
residential dwelling unit other than a mobile
home, designed for and occupied by one family.
Dwelling, two-family, means a detached
residential building containing two dwelling units,
designed for occupancy by not more than two
families.
Dwelling unit or living unit means one room
or rooms connected together, constituting a
separate independent housekeeping establish-
ment for owner occupancy, for rent or lease, and
physically separated from any other rooms or
dwelling units which may be in the same structure
and containing independent cooking and sleep-
ing facilities.
Easement means a right-of-way granted for
limited use of private property for a public or
quasipublic purpose.
Existing grade shall mean the ground surface
elevation prior to grading, or the addition of fill
material.
Fair market value means the valuation of a
structure by the county tax assessor in his
assessment for the levying of ad valorem taxes
for the tax year.
Family means a person or a group of persons
related to each other by blood or marriage or a
group of not more than four adults who are not
necessarily so related, living together under one
roof as a single household unit.
Fence means a structure forming a physical
barrier, which is constructed of wood or a similar
lightweight building material.
Finish grade shall mean the final grade of the
site, which conforms to the approved plan.
Supp. No. 31 CD110:13
§ 110-1
CAPE CANAVERAL CODE
Finished surface, as it relates to the definition
of "paving" in this section, means manipulated
by tool or machine to effectuate a uniform
consistency and smoothness in accordance with
industry standards, in a workmanlike manner.
Fireworks means any combustible or explosive
composition or substance or combinations of
substances or any article prepared for the purpose
of producing a visible or audible effect by combus-
tion, explosion, deflagration or detonation, as
defined by F.S. § 791.01(4)(a), as may be amended.
"Fireworks" does not mean sparklers or novel-
ties, trick noisemakers, toy pistols or other devices
in which paper caps containing twenty-five
hundredths grains or less of explosive compound
or mixture are used, as defined by F.S.
§§ 791.01(4)(b) and (c).
Fireworks sales facilities means any place or
premises used for the sale or other distribution,
whether permanent or seasonal, of fireworks.
The sale of fireworks shall only be permitted
within the light industrial (M-1) zoning district.
Floor area means the sum of the gross
horizontal areas of the several floors of a build-
ing, measured from the exterior faces of exterior
walls or from the centerline of walls separating
two attached buildings. The required minimum
floor area within each district shall not apply to
accessory uses.
Guesthouse means living quarters within a
detached accessory building located on the same
lot with the main building for use by temporary
guests of the occupants of the premises, such
quarters having no kitchen facilities or separate
utility meters and not rented or otherwise used
as a separate dwelling.
Hedge means a row of bushes or small trees
planted close together in such a manner as to
form a boundary or barrier.
Height of building means the vertical distance
from 12 inches above the crown of the fronting
road or finish grade at the building line, whichever
is highest, to (i) the highest point of flat roof; (ii)
the deck line of a mansard roof; (iii) the average
height between the eaves and ridge for gable, hip
and gambrel roofs. Excess fill placed at or around
any portion of the building shall not be used as a
means to circumvent any maximum height
requirement. Excess fill shall mean any fill
above the first/ground floor elevation. Measure-
ment must be in compliance with the 100-year
flood level, as determined by the Federal
Emergency Management Agency.
Hospital means a building or group of build-
ings, having room facilities for one or more
overnight patients, used for providing services
for the inpatient medical or surgical care of sick
or injured humans, and which may include related
facilities, such as laboratories, outpatient depart-
ments training facilities, central service facili-
ties and staff offices; provided, however, that
such related facility must be incidental and
subordinate to the main use and must be an
integral part of the hospital operations.
Hotel means a building or combination . of
buildings in which lodging is provided and offered
to the public for compensation and duly licensed
pursuant to F.S. ch. 509, under single ownership
and operation. It shall provide an inside office
that shall be supervised by a person in charge at
all times. There shall be a minimum of six
guestrooms per building and a minimum of 150
guestrooms per hotel. As used in this definition,
the term "guestrooms" means those rooms
intended or designed to be used or which are
used, rented or hired out to be occupied or which
are occupied for sleeping purposes by guests.
Landscape buffer means that portion of the
building setback area which is located along
property lines adjacent to streets or abutting lots
and which in its entirety contains landscaping.
Landscaping means the arrangement of vegeta-
tion such as trees, bushes and grass, together
with other suitable materials in complementary
fashion, over a tract of land for aesthetic effect.
Liquefied petroleum gas (LPG) means any
material having a vapor pressure not exceeding
that allowed for commercial propane that is
Supp. No. 31 CD110:14
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ZONING
general welfare. Such uses as may be permitted
by the board of adjustment are identified for
each zoning district as special exceptions.
Story means that portion of a building included
between the floor surface and the upper surface
of the floor next above or any portion of a
building used for human occupancy between the
topmost floor and roof. A basement or cellar not
used for human occupancy shall not be counted
as a story.
Street means a public or private right-of-way
set aside for public travel.
Street centerline means the midpoint of the
street right-of-way.
Street, private, means a private way set aside
for vehicular traffic that exceeds 200 feet in
developed length or serves four or more
residential, commercial or any combination of
residential and commercial units. Private streets
shall be installed in accordance with section
98-92.
Street right-of-way means the property line
which bounds the right-of-way set aside for use
as a street.
Structure means that which is built or
constructed.
Swimming pool means any portable pool or
permanent structure containing a body of water
18 inches or more in depth or 250 square feet of
surface area or more of water service area,
including an ornamental reflecting pool or fish
pond or other type of pool, regardless of size,
unless it is located and designed so as not to
create a hazard or not be used for swimming or
wading.
Tent means a collapsible shelter of canvas or
other fabric -type material.
Terrace means an open space adjacent to the
principal building on one or two sides, prepared
with a hard, semihard or improved surface, for
the purpose of outdoor living.
Total floor area or gross floor area means the
area of all floors of a building, including finished
attics, finished basements and all covered areas,
including porches, sheds, carports and garages.
§ 110-1
Townhouse means a single-family dwelling
unit constructed in a series or group of attached
units with property lines separating such units.
Trailer means a portable structure having no
foundation other than wheels, jacks or blocks
that will not be a hazard to adjacent buildings
and that is also fully enclosed, operable and
licensed.
Trailer park means an area duly licensed by
the city and approved by the state board of
health, which is designed, constructed, equipped,
operated and maintained for the purpose of
providing space for and otherwise servicing mobile
homes and trailers.
Travel trailer. See the definition of "recreational
vehicle."
Utility access easement means an easement
less than 20 feet wide, dedicated and used for
utilities and utility vehicles. The term does not
qualify as an alley pursuant to chapter 98 pertain-
ing to subdivisions.
Vacant means a building or parcel of land that
is neither occupied nor used.
Variance means a relaxation of the terms of
this chapter when such variance will not be
contrary to the public interest and when, owing
to conditions peculiar to the property and not the
result of the actions of the applicant, a literal
enforcement of this chapter would result in
unnecessary and undue hardship. As used in
this chapter, a variance is authorized only for
height, area, size of structure or size of yards and
open spaces; establishment or expansion of a use
otherwise prohibited shall not be allowed by
variance nor shall a variance be granted because
of the presence of nonconformities in the zoning
district or used in an adjoining zoning district.
Veterinary clinic means an establishment that
has the necessary facilities for the examination
and treatment of animals but does not accom-
modate animals for more than 24 hours, thereby
not providing boarding services.
Veterinary hospital means an establishment
that has the necessary facilities for the examina-
Supp. No. 31 CD110:18.1
§ 110-1
CAPE CANAVERAL CODE
tion and treatment of animals which includes
boarding services that may accommodate animals
for more than 24 hours.
Wall means a structure forming a physical
barrier, which is constructed of concrete or
masonry composite.
Wall, concrete boundary, means a structure
constructed using concrete, either poured or in
block form, along the property boundary or
within the setback and used as a dividing line
between parcels of property in a residential zone,
specifically excluding townhouse interior party
walls.
Yard means all open space on the same lot as
the principal building, which space is unoccupied
and unobstructed by buildings from the ground
upward, except as otherwise provided. The term
generally applies to the area from each lot line to
the principal building and its attached porches,
sheds, carports, garages and storage areas.
(Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96;
Ord. No. 9-97, § 1, 9-2-97; Ord. No. 19-98,
§§ 1-3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98;
Ord. No. 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2,
4-18-00; Ord. No. 03-2003, § 2, 8-19-03; Ord. No.
02-2004, § 2, 3-02-04; Ord. No. 01-2007, § 2,
2-20-07; Ord. No. 04-2007, § 2, 6-19-07; Ord. No.
04-2008, § 3, 5-6-08; Ord. No. 13-2009, § 2,
12-15-09; Ord. No. 05-2010, § 2, 4-20-10; Ord.
No. 17-2010, § 2, 11-16-10; Ord. No. 04-2011, § 2,
6-21-11; Ord. No. 06-2011, § 2, 10-18-11; Ord.
No. 02-2012, § 2, 3-20-12; Ord. No. 06-2012, § 2,
4-17-12; Ord. No. 03-2013, § 2, 3-19-13; Ord. No.
04-2013, § 2, 3-19-13; Ord. No. 05-2013, § 2,
3-19-13; Ord. No. 06-2013, § 2, 6-18-13; Ord. No.
09-2014, § 2, 9-16-14; Ord. No. 02-2016, § 2,
7-19-16; Ord. No. 04-2017, § 2, 4-18-17; Ord. No.
11-2017, § 2, 8-15-17; Ord. No. 04-2018, § 2,
6-19-18; Ord. No. 01-2020, § 2, 2-18-20; Ord. No.
36-2021, § 3C, 11-16-21)
Cross reference -Definitions and rules of construction
generally, § 1-2.
Sec. 110-2. Board of adjustment.
(a) A board of adjustment is established and
shall consist of seven members.
Supp. No. 31
(b) The board of adjustment shall have the
powers and duties to consider applications for
special exceptions, variances, and administra-
tive appeals under this chapter.
(c) The board of adjustment shall not incur
any debts or enter into any contracts or obliga-
tions which would be enforceable against the
city, unless prior approval has been obtained
from the city council.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
§ 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11)
Sec. 110-3. Planning and zoning board.
(a) The planning and zoning board is
established and shall consist of seven members.
(b) The planning and zoning board shall oper-
ate exclusively in an advisory capacity, and no
ruling, decision or recommendation of the board
shall be binding.
(c) The board shall perform such duties as are
conferred on it by this Code and the city council
and shall, from time to time, make studies on
planning and zoning matters affecting the health,
welfare, safety and morals of the people of the
city.
•(d) No problem or situation relating to zoning
shall be submitted to the city council prior to
being submitted to and acted upon by the plan-
ning and zoning board. Such problems or situa-
tions relating to zoning shall include but not be
limited to the following:
(1) Changes in zone classification.
(2) Changes in zoning district boundaries
and zoning maps.
(3) Review and revision of zoning sections.
CD110:18.2
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ZONING § 110-277
overpopulation, to promote the residency of single
families and to enhance and maintain the
residential character and integrity of the area.
(Code 1981, § 637.01; Ord. No. 04-2007, § 2,
6-19-07; Ord. No. 06-2012, § 2, 4-17-12)
Sec. 110-272. Principal uses and
structures.
The principal uses and structures in the R-1
low density residential district are as follows:
(1) Single-family dwellings. In no case shall
there be more than one principal structure
per lot or parcel.
(2) Public and semipublic parks, playgrounds,
playfields, and recreation facilities without
lighting.
(Code 1981, § 637.03; Ord. No. 04-2007, § 2,
6-19-07; Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-273. Accessory uses and
structures.
In the R-1 low density residential district,
accessory uses and structures shall be permitted
as follows:
(1) Noncommercial piers, boathouses and
loading places intended solely for the use
of the adjoining residences, providing
that the following conditions are met:
a. No dock or pier shall extend over
five feet beyond the property line,
unless the abutting waterway is
over 100 feet in width at such point
where the pier or dock is constructed.
b. No watercraft moored to such use
shall be used as living quarters,
except as provided by section 110-
552.
c. All applicable regulations and
restrictions of the U.S. Army Corps
of Engineers and other federal,
county, state and local controls shall
be adhered to.
(2) Noncommercial botanical nurseries and
greenhouses.
(3) Customary accessory uses of a residential
nature, clearly incidental and subordinate
to the principal use, including garages,
carports and the like, in keeping with the
residential character of the district.
(4) [Reserved.]
(Code 1981, § 637.05; Ord. No. 36-2021, § 3C,
11-16-21)
Sec. 110-274. Special exceptions permis-
sible by board of adjustment.
Reserved.
(Code 1981, § 637.07; Ord. No. 17-2010, § 2,
11-16-10; Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-275. Prohibited uses and
structures.
In the R-1 low density residential district, all
uses not specifically or provisionally permitted
in this division and any use not in keeping with
the single-family residential character of the
district, including two-family and multiple -
family dwellings, townhouses and mobile home
parks, are prohibited.
(Code 1981, § 637.09)
Sec. 110-276. Area and dimensions.
In the R-1 low density residential district, the
following area and dimensions shall be required:
(1) Minimum lot area shall be 7,500 square
feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 40 percent.
(5) Minimum living area shall be 1,100 square
feet.
(6) Maximum height shall not exceed 25
feet.
(Code 1981, § 637.11)
Sec. 110-277. Minimum setbacks.
In the R-1 low density residential district, the
following minimum setbacks shall be required:
(1) Front, 25 feet.
Supp. No. 31
CD110:43
§ 110-277
CAPE CANAVERAL CODE
(2) Side (interior lot line), eight feet or ten
percent of lot, whichever is greater, up to
20 feet.
(3) Side (corner lot line), 25 feet.
(4) Rear, 25 feet; 20 feet when abutting an
alley.
(5) Public or private street, 25 feet.
(Code 1981, § 637.11)
Sec. 110-278. Offstreet parking and access.
In the R-1 low density residential district,
offstreet parking area and access to a public or
private street shall be provided in accordance
with section 110-491 et seq.
(Code 1981, § 637.13)
Secs. 110-279-110-290. Reserved.
DIVISION 3. R-2 MEDIUM DENSITY
RESIDENTIAL DISTRICT*
Sec. 110-291. Intent.
The requirements for the R-2 medium density
residential district are intended to apply to an
area of medium density residential development
with a variety of housing types. Lot sizes and
other restrictions are intended to promote and
protect medium density residential development
maintaining an adequate amount of open space
for such development. Further, the provisions
herein are intended to promote areas free from
congestion and overpopulation, to promote the
residency of families and to enhance and maintain
the residential character and integrity of the
area.
(Code 1981, § 637.15; Ord. No. 04-2007, § 2,
6-19-07; Ord. No. 06-2012, § 2, 4-17-12)
Sec. 110-292. Principal uses and
structures.
In the R-2 medium density residential district,
there shall be no more than 15 dwelling units per
*Cross reference —Sign restrictions in the R-2 medium
density residential district, § 94-97.
net residential acre. The principal uses and
structures permitted in the R-2 medium density
residential district shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
(5) Public and nonprofit private schools with
conventional curriculums; public librar-
ies.
(6) Churches and other places of worship;
parish houses.
(7) Public safety structures and equipment,
such as fire substations, civil defense
facilities and the like.
(8) Public and semipublic parks, playgrounds,
playfields and recreation facilities.
(9) Child care facilities licensed and oper-
ated consistent with Florida law, subject
to the following conditions:
a. The child care facility must be located
in a multifamily complex and any
such complex shall not be an age -
restricted community;
b. There shall be an adequate dropoff
and pickup area onsite located
outside of the public right-of-way;
c. One parking space per employee
plus one parking space for every
eight children shall be required,
with a minimum of five total spaces;
d. Adequate visual screening and noise
buffers from adjacent areas shall be
provided.
e. Each application under this subsec-
tion shall be accompanied by a site
plan drawn to scale depicting the
child care building, drop off and
pickup area, parking, play area and
adjacent buildings.
f. Adequate lighting in the pickup and
drop off area shall be provided.
Supp. No. 31
CD110:44
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ZONING § 110-296
For purposes of this subsection, the term "child
care facility" shall not include a "family day care
home" as defined by Florida law.
(Code 1981, § 637.17; Ord. No. 17-96, . § 1,
10-1-96; Ord. No. 04-2007, § 2, 6-19-07; Ord. No.
02-2016, § 2, 7-19-16)
Sec. 110-293. Accessory uses and
structures.
In the R-2 medium density residential district,
accessory uses and structures shall be permitted
as follows:
(1) Noncommercial piers, boathouses and
loading places intended solely for the use
of the adjoining residences, provided the
following conditions are met:
a. No dock or pier shall extend over
five feet beyond the property line,
unless the abutting waterway is
over 100 feet in width at such point
where the pier or dock is constructed.
b. No watercraft moored to such use
shall be used as living quarters,
except as provided by section 110-
552.
c. All applicable regulations and
restrictions of the U.S. Army Corps
of Engineers and other federal,
county, state and local controls shall
be adhered to.
(2) Noncommercial botanical nurseries and
greenhouses.
(3) Customary accessory uses of a residential
nature, clearly incidental and subordinate
to the principal use, including garages,
carports and the like, in keeping with the
residential character of the district.
(4) Reserved.
(5) Parking lots and facilities in conjunction
with one or more principal uses.
(Code 1981, § 637.19; Ord. No. 36-2021, § 3C,
11-16-21)
Sec. 110-294. Special exceptions permis-
sible by board of adjustment.
Reserved.
(Code 1981, § 637.21; Ord. No. 05-2010, § 2,
4-20-10; Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-295. Prohibited uses and
structures.
In the R-2 medium density residential district,
all uses and structures not specifically or
provisionally permitted in this division are
prohibited.
(Code 1981, § 637.23)
Sec. 110-296. Area and dimension.
In the R-2 medium density residential district,
the following area and dimensions shall be
required:
(1) Minimum lot area shall be as follows:
a. One- and two-family, 7,500 square
feet.
b. Multiple -family, 10,000 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 35 percent.
(5) Minimum living or floor area shall be as
follows:
a. One -family, 1,100 square feet per
dwelling unit.
b Two-family, 750 square feet per
dwelling unit.
c. Multiple family, as follows:
1. Efficiency, 450 square feet per
dwelling unit.
2. One bedroom, 650 square feet
per dwelling unit.
3. Two bedrooms, additional
bedrooms, 750 square feet per
dwelling unit (plus 200 square
feet for each additional
bedroom).
(6) Maximum height shall not exceed 25
feet, except that maximum height of
public or recreational buildings and
structures on land with a future land use
designation of Public/Recreation (PUB)
shall not exceed 35 feet.
Supp. No. 31 CD110:45
§ 110-296
CAPE CANAVERAL CODE
(7) Maximum length or width of a structure
shall not exceed 185 feet.
(Code 1981, § 637.25; Ord. No. 01-2018, § 2,
2-20-18)
Sec. 110-297. Minimum setbacks.
(a) In the R-2 medium density residential
district, the following minimum setbacks shall
be required.
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), eight feet or ten
percent of width of lot, whichever is
greater, up to 15 feet.
(3) Side (corner lot line), 25 feet; on all
nonconforming lots of record, 15 feet.
(4) Rear, 15 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 637.25)
Sec. 110-298. Offstreet parking and access.
In the R-2 medium density residential district,
offstreet parking and access to a public or private
street shall be provided in accordance with sec-
tion 110-491 et seq.
(Code 1981, § 637.27)
Secs. 110-299-110-310. Reserved.
DIVISION 4. R-3 MEDIUM DENSITY
RESIDENTIAL DISTRICT*
Sec. 110-311. Intent.
The requirements for the R-3 medium density
residential district are intended to apply to an
area of medium density residential development
with a variety of housing types. Lot sizes and
other restrictions are intended to promote and
protect medium density residential development
maintaining an adequate amount of open space
for such development. Further, the provisions
herein are intended to promote areas free from
*Cross reference —Sign restrictions in the R-3 medium
density residential district, § 94-98.
congestion and overpopulation, to promote the
residency of families and to enhance and maintain
the residential character and integrity of the
area.
(Code 1981, § 637.29; Ord. No. 04-2007, § 2,
6-19-07; Ord. No. 06-2012, § 2, 4-17-12)
Sec. 110-312. Principal uses and
structures.
In the R-3 medium density residential district,
there shall be no more than 15 dwelling units per
net residential acre. The principal uses and
structures permitted in the R-3 medium density
residential district shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
(5) Public and nonprofit private schools with
conventional curriculums; public librar-
ies.
(6) Churches and other places of worship;
parish houses.
(7) Public safety structures and equipment,
such as fire substations, civil defense
facilities and the like.
(8) Public and semipublic parks, playgrounds,
playfields and recreation facilities.
(9) Assisted living facilities, subject to the
requirements of section 110-488.
Notwithstanding the foregoing, there shall be no
more than 15 dwelling units per net residential
acre.
(Code 1981, § 637.31; Ord. No. 17-96, § 2,
10-1-96; Ord. No. 04-2007, § 2, 6-19-07; Ord. No.
02-2016, § 2, 7-19-16)
Supp. No. 31 CD110:46
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Sec. 110-313. Accessory uses and
structures.
In the R-3 medium density residential district,
the following accessory uses and structures shall
be permitted:
(1) Noncommercial piers, boathouses and
loading places intended solely for the use
of the adjoining residences, provided the
following conditions are met:
a. No dock or pier shall extend over
five feet beyond the property line,
unless the abutting waterway is
over 100 feet in width at such point
where the pier or dock is constructed.
b. No watercraft moored to such use
shall be used as living quarters,
except as provided by section 110-
552.
c. All applicable regulations and
restrictions of the U.S. Army Corps
of Engineers and other federal,
county, state and local controls shall
be adhered to.
(2) Noncommercial botanical nurseries and
greenhouses.
(3) Customary accessory uses of a residential
nature, clearly incidental and subordinate
to the principal use, including garages,
carports and the like, in keeping with the
residential character of the district.
(4) Reserved.
(5) Parking lots and facilities in conjunction
with one or more principal uses.
(Code 1981, § 637.33; Ord. No. 36-2021, § 3C,
11-16-21)
Sec. 110-314. Special exceptions permis-
sible by board of adjustment.
Reserved.
(Code 1981, § 637.35; Ord. No. 17-2010, § 2,
11-16-10; Ord. No. 02-2016, § 2, 7-19-16)
Sec. 110-315. Prohibited uses and
structures.
In the R-3 medium density residential district,
all uses and structures not specifically or
provisionally permitted in this division are
prohibited.
(Code 1981, § 637.37)
Sec. 110-316. Area and dimensions.
In the R-3 medium density residential district,
area and dimensions shall be as follows:
(1) Minimum lot area shall be as follows:
a. One- and two-family, 7,500 square
feet.
b. Multiple -family, 10,000 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 35 percent.
(5) Minimum living or floor area shall be as
follows:
a. One -family, 1,100 square feet per
dwelling unit.
b. Two-family, 750 square feet per
dwelling unit.
c. Multiple family, as follows:
1. Efficiency, 450 square feet per
dwelling unit.
2. One bedroom, 650 square feet
per dwelling unit.
3. Two bedrooms, additional
bedrooms, 750 square feet per
dwelling unit plus 200 square
feet for each additional
bedroom.
(6) Maximum height shall not exceed 45
feet.
(7) Maximum length or width of a structure
shall not exceed 185 feet.
(Code 1981, § 637.39)
Supp. No. 31 CD110:46.1
§ 110-317 CAPE CANAVERAL CODE
Sec. 110-317. Minimum setbacks.
(a) In the R-3 medium density residential
district, the minimum setbacks required shall be
as follows:
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), eight feet or ten
percent of width of lot, whichever is
greater, up to 15 feet. (See subsection (b)
of this section.)
(3) Side (corner lot line), 25 feet; on all
nonconforming lots of record, 15 feet.
(4) Rear, 15 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(c) Side setbacks for all lots contiguous with
the ocean beach shall be ten feet or ten percent of
the width of the lot, whichever is greater, up to
15 feet.
(Code 1981, § 637.39)
Sec. 110-318. Offstreet parking and access.
In the R-3 medium density residential district,
offstreet parking and access to a public or private
street shall be provided in accordance with sec-
tion 110-491 et seq.
(Code 1981, § 637.41)
Sec. 110-319. Minimum breeze require-
ment.
In the R-3 medium density residential district,
at least 25 percent of the north/south dimension
of the property shall be open to the breeze in an
east/west direction. This shallinclude required
setbacks.
(Code 1981, § 637.43)
Sec. 110-320. Dune crossovers required.
In the R-3 medium density residential district,
site plans with four or more units on parcels on
the Atlantic Ocean shall provide dune crossovers
conforming to specifications of the state depart-
ment of environmental protection. All such
crossovers shall be maintained in a safe condi-
tion by the owners of the property. All crossovers
will be allowed to be built within the setback
area, provided a state department of
environmental protection permit is obtained,
and there will be no requirement for a variance
to allow these structures to be built in the
setback area.
(Code 1981, § 637.44)
Sec. 110-321. Protection of public beach -end parking.
In the R-3 (medium -density residential) zoning district there exists beach -end public parking as
described in the following schedule:
Public Beach Access
# of Public Spaces
Location
(side of street)
1
Harbor Heights
12, plus 1 handicapped
East side
2
Canaveral Sands
0
N/A
3
Washington
10
North side
4
Adams
8
North side
5
Jefferson
8
North side
6
Madison
14
North side
7
Monroe
15
North side
Supp. No. 31
CD110:46.2
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ZONING
§ 110-321
Public Beach Access
# of Public Spaces
Location
(side of street)
8
Jackson
16, plus 1 handicapped
North side
9
Harrison
14
North side
10
Tyler
14
North side
11
Polk
7, plus 1 handicapped
North side
12
Taylor
14
North side
13
Fillmore
13
North side
14
Pierce
14
North side
Supp. No. 31 CD110:46.2.1
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ZONING § 110-469
compliance with these conditions, and
the floor plan shall be binding upon all
future construction plans in regard to
the single-family residence.
(d) No portion of the single-family dwelling
unit shall be utilized for rental purposes,
and the single-family dwelling unit shall
be served by one meter for electric and
one meter for water.
(e) The single family dwelling unit shall
continue to be utilized by no more than
one family as defined under this section.
(Ord. No. 02-2016, § 2, 7-19-16)
Secs. 110-463-110-465. Reserved.
Sec. 110-466. Reserved.
Editor's note —Ord. No. 02-2016, § 2, adopted July 19,
2016, repealed § 110-466, which pertained to application of
performance standards and derived from Code 1981, § 641.15.
The user's attention is directed to § 110-456.
Sec. 110-467. Garage sales.
The noncommercial sale of privately owned
items at retail from residential premises, com-
monly known as a garage sale or yard sale, shall
comply with the following:
(1) Hours of sale shall be restricted to daylight
hours.
(2) The sale may continue for two periods of
not more than three consecutive days
each. The two periods of sale shall be
separated by a minimum of four nonsale
days, and the total sale days shall be
completed within 15 consecutive calendar
days.
(3) Yards shall be cleared of salable items on
all nonsale days.
(4) Subsequent garage sales conducted on
the same premises by the same household
are permitted 180 days after the close of
the preceding sale.
(5) A sign specifying a garage or yard sale
may be displayed on the premises of the
sale on sale days only. Such sign shall
not exceed four square feet in size.
(6) The person in charge of the sale shall
ensure that automotive vehicles of
potential or actual customers do not
interfere with pedestrian or vehicular
traffic in the vicinity.
(Code 1981, § 641.13)
Sec. 110-468. Accessory structures.
(a) No accessory structure shall be erected in
any front yard, and the accessory structure shall
not cover more than 30 percent of any required
rear setback. No separate accessory structures
shall be erected within ten feet of any building
on the same lot or within five feet of any lot line.
An accessory structure shall not exceed 24 feet in
height. However, a lot with a one- or two 'family
residence only may. have one additional acces-
sory structure erected per unit, not to exceed 100
square feet with a maximum height of ten feet if
detached or 32 square feet with maximum height
of ten feet if attached in rear setback. In new
construction an accessory building may not be
constructed prior to the construction of the main
building. No accessory building shall be used for
permanent living quarters; it shall contain no
kitchen or cooking facilities. It may be used for
housing temporary guests of the occupants of the
main building. It is not to be rented or otherwise
used as a separate dwelling.
(b) Storage or utility sheds of a temporary
nature, without a permanent foundation, not
over 100 square feet in size or more than seven
feet high, are exempt from this section, provided
they are in the rear yard only.
(Code 1981, § 641.23; Ord. No. 36-2021, § 3C,
11-16-21)
Sec. 110-469. Visibility at intersections.
On a corner lot in any zoning district, nothing,
shall be erected or placed in the triangular area
bounded on two sides by the street right-of-way
lines and on the third side by a straight line
drawn between two points on the street right-of-
way line located 25 feet from the point of the
intersection of the street right-of-way lines ("site
visibility triangle"), except traffic signs, utility
poles and infrastructure, sidewalks, and ground
cover landscaping (e.g. grass, very small shrubs).
Supp. No. 31 CD110:61
§ 110-469
CAPE CANAVERAL CODE
Ground cover landscaping shall not exceed one
and one-half feet in height at and after planting.
As provided above, trees shall not be planted
within the site visibility triangle. Any tree exist-
ing within this triangular area, as of the effec-
tive date of this section, shall be allowed to
remain provided the same is trimmed and
maintained such that no part of the tree canopy
is lower than ten feet in height, measured from
the point located on the street right-of-way line
nearest the tree.
As provided above, fencing shall not be erected
or placed within the site visibility triangle. Any
chain -link, wire, or split -rail fencing which law-
fully existed as of the effective date of this
ordinance, shall be allowed to remain provided
the same is maintained clear of vegetation or
other opaque material. Any lawfully existing
fence shall be removed from the site visibility
triangle at the time of permitting any new
fencing upon the property.
(Code 1981, § 641.25; Ord. No. 34-2003, § 2,
10-21-03)
Cross references —Property maintenance require-
ments, § 34-97; streets, § 66-26 et seq.; traffic and vehicles,
ch. 74.
Sec. 110-470. Fences, walls and hedges.
(a) Fences and walls may be permitted in any
yard, except as specified in section 110-469,
provided the following restrictions shall apply:
(1) In any residential district, no fence or
wall in any side or rear yard shall be over
six feet in height or over four feet in
height if within 25 feet of any public
right-of-way, unless otherwise specified
in this section;
(2) In any residential district where property
abuts a public beach access parking area,
the fence or wall in a side, rear or front
yard which abuts the public parking area
shall not exceed six feet in height;
(3) In any commercial or industrial district,
no fence or wall in any side or rear yard
shall be over eight feet in height or over
four feet in height if within 25 feet of any
public right-of-way. When the boundary
of a commercial or industrial zoning
district abuts any residential zoning
district, and a fence or wall is used to
meet the requirements of section 110-
566, the fence or wall shall have a
minimum height of six feet and a
maximum height of eight feet;
(4) No wall shall be built along unimproved
property boundaries until and unless the
owner has obtained and paid for a build-
ing permit for the principal structure;
(5) All concrete boundary walls are to be
finished by stuccoing or painting in
neutral colors at the time they are
constructed. All fences shall be
constructed or installed such that the
finished side faces abutting properties or
public rights -of -way. If chain -link is used
for fencing, the same must have a top rail
and the rail and chain -link must be
coated in a rubber or vinyl material; and
(6) No words or symbols, other than street
addresses and names of occupants in
residential districts, shall be permitted
on exterior boundary fences or walls,
except a small sign, not to exceed 32
square inches, may be attached identify-
ing the fence manufacturer or installer.
If there are such nonallowed words or
symbols, they shall be covered or removed
within seven days of notification to the
owner by the city.
(7) Notwithstanding section 110-470(a)(1)
above, in the R-2, R-3 and Townhouse
districts on nonconforming corner lots of
record, fences and walls may be up to six
feet in height if constructed or installed
in the side yard and are 15 feet or more
from the public right-of-way.
(b) Hedges may be permitted in any yard,
except as specified in section 110-469 of this
code, provided the following restrictions , shall
apply:
(1) Any hedge planted to satisfy the visual
screening requirements provided within
section 110-566 of this Code shall have a
minimum height at time of planting of
three feet and will be required to reach a
Supp. No. 31 CD110:62
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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-
ment clinic will be sufficient to accom-
modate traffic and parking demands it
generates, based upon a current traffic
and parking study prepared by a certi-
fied professional.
(j) Prohibition on cash only businesses. Limit-
ing payment for goods or services to cash
only is prohibited.
(k) Daily reports required. Pain manage-
ment clinics shall be required to submit
to the Brevard County Sheriffs Office a
daily summary containing the following
information from the prior business day:
(i) The total number of prescriptions
written that day;
(ii) The total number of doses of drugs
sold and/or dispensed by the pain
management clinic that day (includ-
ing samples), specifying how many
doses were sold or dispensed; the
person prescribing or dispensing
same; and the manner of payment
by each person who was dispensed
drugs at the clinic that day; and
(iii) The state of residence of each person
to whom drugs were prescribed or
dispensed that day.
(1) Reserved.
(m) No pain management clinic shall be wholly
or partially owned by, or have any
contractual relationship (whether as a
principal, partner, officer, member, manag-
ing member, employee, independent
contractor, or otherwise) with any physi-
cian, pharmacist, or any other person
who prescribes drugs and who, within
five years prior to the receipt of any
application for special exception:
(i) Has been suspended, had his or her
license revoked, or been subject to
disciplinary action for prescribing,
dispensing, administering, provid-
ing, supplying, or selling any
controlled substance in violation of
any state, federal, or similar law
where such person is licensed to
practice;
(ii) Has been convicted of, pled nolo
contendere to, or violated any plea
agreement regarding an arrest for,
a violation of any state, federal, or
similar law related to drugs or
alcohol, specifically including but
not limited to, prescribing, dispens-
ing, administering, providing, sup-
plying, or selling any controlled
substance;
(iii) Has been suspended, had his or her
license revoked, or been subject to
disciplinary action by any state,
federal, or other governmental entity
where such person is licensed to
practice;
(iv) Has had any state, federal, or other
governmental entity where such
person is licensed to practice take
any action against such person's
license as a result of dependency on
drugs or alcohol; or
(v) Has been convicted of, pled nolo
contendere to, or violated any plea
agreement regarding an arrest for,
any felony or crime involving moral
turpitude.
(n) No pain management clinic shall be wholly
or partially owned by, or have as a
Supp. No. 31 CD110:70.9
§ 110-489
CAPE CANAVERAL CODE
principal, partner, officer, member, manag-
ing member, or otherwise where the owner
is an entity, any person who:
(i) Has been convicted of, pled nolo
contendere to, or violated any plea
agreement regarding an arrest for,
a violation of any state, federal, or
similar law related to drugs or
alcohol; or
(ii) Has been convicted of, pled nolo
contendere to, or violated any plea
agreement regarding an arrest for,
any felony or crime involving moral
turpitude.
(o) No pain management clinic shall employ
any person, as an independent contrac-
tor or otherwise, who:
(i) Has been convicted of, pled nolo
contendere to, or violated any plea
agreement regarding an arrest for,
a violation of any state, federal, or
similar law related to drugs or
alcohol, specifically including but
not limited to, prescribing, dispens-
ing, administering, providing, sup-
plying or selling any controlled
substance; or
(ii) Has been convicted of, pled nolo
contendere to, or violated any plea
agreement regarding an arrest for,
any felony or crime involving moral
turpitude within the five years
preceding the application for special
exception.
(p) Landlord responsibilities.
(i) Any landlord, leasing agent, or owner
of property upon which a pain
management clinic operates, who
knows, or in the exercise of reason-
able care should know, that a pain
management clinic is operating in
violation of city code or applicable
Florida law, including the rules and
regulations promulgated by the state
department of health, must prevent,
stop, or take reasonable steps to
prevent the continued illegal activ-
ity on the leased premises.
(ii) Landlords who lease space to a pain
management clinic must expressly
incorporate language into the lease
or rental agreement stating that
failure to comply with city code is a
material non -curable breach of the
lease and shall constitute grounds
for termination of the lease and
immediate eviction by the landlord.
(q) Additional application information. An
applicant seeking a special exception for
a pain management clinic shall, in addi-
tion to the general application informa-
tion required for special exceptions,
provide the following:
(i) The pain management clinic's
registration number issued by the
Florida Department of Health, as
required by Florida law.
(ii) For pain management clinics, the
name of the medical director, as
required herein, responsible for
complying with all requirements
related to operation of the pain
management clinic and the medical
director's Drug Enforcement Agency
number.
(iii) A list of all persons associated with
the management or operation of the
pain management clinic, whether
paid or unpaid, part-time or full-
time, including all contract labor
and independent contractors. This
list shall include, but not be limited
to, all owners, operators, employees
and volunteers. For persons listed,
the following additional informa-
tion must be provided:
(A) Person's title, current home
address, telephone number and
date of birth;
(B) List of all criminal convictions
whether misdemeanor or
felony; that are drug related;
Supp. No. 31
CD110:70.10
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ZONING § 110-489
(C) A copy of a current Florida
driver's license or government
issued photo identification; and
(D) A set of fingerprints.
(iv) If the property owner is different
from the owner of the pain manage-
ment clinic, the applicant shall
provide the name, address, telephone
number and a copy of a Florida
driver's license or government issued
photo identification of the property
owner along with the application.
(v) An inventory of diagnostic equip-
ment to be located at the clinic;
A natural disaster management plan;
(vi) A floor plan showing the location
and nature of adequate security
measures, including those required
by the State of Florida for controlled
substances, to safeguard all drugs
to be dispensed in the course of its
business.
(viii) An affidavit of the medical director
of the pain management clinic,
signed under oath, attesting:
(A) That their practice is located
at the subject site;
(B) That no employees of the facil-
ity have been convicted of a
drug -related felony within the
five years preceding the
application for special excep-
tion;
(C) That the pain management
clinic will not knowingly employ
any such convicted felons
thereafter; and
(D) For pain management clinics,
that the medical director shall
be required to inform the city
within ten days should the
medical director be terminated
or otherwise leave the affilia-
tion of the pain management
clinic as medical director.
The medical director of the pain
management clinic shall be required
to keep all application information
updated with the city at all times,
even after issuance of a special excep-
tion, and said information shall be
verified annually by the city in
conjunction with the city's local busi-
ness tax receipt renewal process.
The medical director of the pain
management clinic shall notify the
city of any change to the informa-
tion within ten days of any new
person becoming associated with the
pain management clinic or any other
change to the application informa-
tion required herein. Failure to
properly maintain updated informa-
tion with the city shall be grounds
for revocation of the special excep-
tion.
(r) Single special exception application /
Single classification of special exception.
Only one special exception may be issued
for a location or any single building and
only under a single classification for a
pain management clinic.
(s) Compliance with law. The pain.manage-
ment clinic shall at all times be subject to
the requirements of all applicable federal,
state, county and local laws and
ordinances, as they may be amended
from time to time.
(t) Suspension or revocation of special excep-
tion. Any special exception granted for a
pain management clinic may be temporar-
ily suspended or absolutely revoked by
majority vote of the board of adjustment
at a public hearing, when the board of
adjustment has determined by competent
substantial evidence that either:
(i) The pain management clinic has
obtained the special exception upon
false statements, fraud, deceit,
misleading statements, or suppres-
sion of material facts;
(ii) The pain management clinic has
committed substantial violations of
the terms and conditions on which
the special exception was granted;
Supp. No. 31
CD110:71
§ 110-489
CAPE CANAVERAL CODE
(iii) The pain management clinic no
longer meets the requirements of
this section or other applicable law;
or
(iv) The medical director or any other
employee of the pain management
clinic knowingly allowed illegal
activities to be conducted on the
premises.
Prior to any special exception being
revoked, the pain management clinic shall
be provided with minimum due process
including notice of the grounds for revoca-
tion and hearing date, an opportunity to
be heard, the right to present evidence,
and the right to cross-examine adverse
witnesses.
(u) Certification affidavit by applicants for
related uses.
(i) Any application for a business tax
receipt under chapter 70 of this
Code, as a pain management clinic
as such terms is defined in section
110-1 of this Code, shall be
accompanied by an executed affidavit
certifying registration with the State
of Florida and the city as a pain
management clinic. The failure of
an applicant to identify the busi-
ness in the application for a busi-
ness tax receipt as a pain
management clinic will result in the
immediate expiration of the busi-
ness tax receipt and immediate ceas-
ing of all activity conducted in the
pain management clinic.
(ii) Any applicant's application for a
business tax receipt and executed
affidavit relating to use as a pain
management clinic, where applicable,
shall be provided to the city build-
ing division at the time of the
proposed use.
(2) [Reserved.]
(Ord. No. 06-2011, § 2, 10-18-11; Ord. No.
09-2014, § 2, 9-16-14; Ord. No. 11-2017, § 2,
8-15-17; Ord. No. 04-2018, § 2, 6-19-18; Ord. No.
36-2021, § 3C, 11-16-21)
Sec. 110-490. Donation bins prohibited.
It shall be unlawful to deposit, store, keep or
maintain or to permit to be deposited, stored,
kept or maintained, a donation bin in or on any
lot, parcel or tract of land in any zoning district.
As used in this section, "donation bin" shall
mean any unattended container, receptacle or
similar device that is located on any property
within the city used for the solicitation, collec-
tion and storage of donations of clothing or other
salvageable personal property. This term does
not include recycle bins for the collection of
recyclable materials.
(Ord. No. 13-2012, § 2, 9-18-12)
Sec. 110-490.1. Vacation resort campus.
A vacation resort campus is a multiple build-
ing property that includes a hotel, condominium,
cooperative or timeshare plan, or any combina-
tion thereof, and is also a transient public lodg-
ing establishment duly licensed pursuant to F.S.
ch. 509, and in which the units are master
planned and organized in a campus arrange-
ment that meets the following requirements:
(a) The campus shall be master planned
pursuant to the terms and conditions of a
negotiated development agreement
approved by the city council;
(b) The campus, as used herein, shall contain
a minimum of 25. contiguous acres of C-1
zoned property or a combination of C-1
and R-3 zoned property in which a hotel
operation must exist within the campus;
(c) The campus shall have direct access on a
thoroughfare or high capacity roadway;
(d) The campus shall provide indoor and
outdoor recreational amenities customar-
ily provided by a resort for their guests,
such as a pool, theater, restaurant, day-
care, etc.;
(e) The campus shall include a food service
facility that is open to the general public;
(f) The total number of units in the campus
shall not exceed the maximum density of
the underlying zoning category; and
Supp. No. 31 CD110:72
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ZONING § 110-490.2
(g) All development criteria shall be governed
by the underlying zoning category, includ-
ing but not limited to building setbacks,
building separation, required parking,
height limits and density, unless otherwise
agreed by the city in the master develop-
ment agreement required by this section.
(Ord. No. 10-2013, § 2, 7-16-13)
Editor's note —Ord. No. 10-2013, § 2, adopted July 16,
2013, set out provisions intended for use as § 110-491. At the
editor's discretion, to prevent duplication of section numbers,
these provisions have been included as § 110-490.1.
Sec. 110-490.2. Oak Lane.
Notwithstanding any contrary provision in
the City Code, the following provisions shall
apply to properties abutting Oak Lane:
(a) The minimum front setback shall be 19
feet.
Supp. No. 31 CD110:73
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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 debrisfrom 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. 31 CD110:74.7
§ 110-521
CAPE CANAVERAL CODE
DIVISION 4.
HOME BASED BUSINESSES*
Sec. 110-521.
Permitted home based busi-
nesses.
(a) Home based businesses shall be permitted
from a residential property provided such busi-
nesses comply with the requirements set forth in
F.S. § 559.955 and other applicable federal and
state law. Such businesses shall also comply
with any applicable provision of the City Code
not otherwise preempted by law.
(b) Pursuant to F.S. § 559.955(d), the activi-
ties of the home -based business are required to
be secondary to the property's use as a residential
dwelling. For purposes of this section, "second-
ary" means a use that is incidental and
subordinate to the primary use and area of the
property serving as a residential dwelling and
does not alter the principal residential use of the
property.
(c) This section does not supersede or repeal:
(1) Any current or future declaration or
declaration of condominium adopted
pursuant to F.S. ch. 718, cooperative
document adopted pursuant to F.S. ch.
719, or declaration or declaration of
covenant adopted pursuant to F.S. ch.
720.
(2) Any provision of the City Code related to
transient public lodging establishments,
as defined in F.S. § 509.013(4)(a)1., that
are not otherwise preempted under
chapter 509, Florida Statutes including,
but not limited to sections 110-486 and
110-487 regulating vacation rentals.
(Code 1981, § 641.07; Ord. No. 36-2021, § 2,
11-16-21)
Sec. 110-522. Reserved.
Editor's note —Ord. No. 36-2021, § 2, adopted Nov. 16,
2021, repealed § 110-522, which pertained to requirements
and derived from Code 1981, § 641.09.
*Editor's note —Ord. No. 36-2021, § 2, adopted Nov. 16,
2021, amended the title of Div. 4 to read as herein set out.
Formerly, said division was titled "Home Occupations."
Cross reference —Local business tax, § 70-66 et seq.
Sec. 110-523. Reserved.
Editor's note —Ord. No. 36-2021, § 2, adopted Nov. 16,
2021, repealed § 110-523, which pertained to local business
tax receipt required and derived from Code 1981, § 641.11;
Ord. No. 02-2007, § 9, adopted Feb. 20, 2007.
Secs. 110-524-110-535. Reserved.
DIVISION 5. SETBACKS
Sec. 110-536. Building setback lines.
(a) The following shall be the minimum build-
ing setback lines along the listed roads:
(1) Highway A1A (portions known as North
Atlantic Avenue and Astronaut
Boulevard). Setback, each side, from the
northern city boundary to the southern
city boundary shall be 50 feet from the
highway right-of-way.
(2) North Atlantic Avenue (that portion of
North Atlantic Avenue also known as
Palm Avenue and S.R. 401). Setback,
each side, from its intersection with
Monroe Avenue to the northern city
boundary shall be 50 feet from the right-
of-way.
(3) Ridgewood Avenue. Setback, each side,
from the southern city boundary to the
northern city boundary of Ridgewood
Avenue shall be 25 feet from the right-of-
way.
(b) On the Atlantic Ocean, the setback shall
comply with the coastal construction setback.
See section 82-81 et seq.
(c) In 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. 31 CD110:74.8
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APPENDIX B-SCHEDULE OF FEES
(4) Equivalent residential unit (ERU): One ERU shall be equal to one detached residential
dwelling unit with an individual water meter of 0.75 inches or less. ERUs for all connections
other than: (i)residential dwelling units with an individual water meter of 0.75 inches or less;
and (ii) multifamily; shall be pursuant to the following basis:
ERU Basis
(A) For Single-Family, Multi-Family, Commercial and Public Buildings:
Meter Size ERU
0.75" 1.00
1.0" 2.50
1.5" 5.00
2.0" 8.00
3.0" 15.00
4.0" 25.00
6.0" 60.00
8.0" 80.00
(B) Schedule of Rates:
2022/23 2023/24 2024/25 2025/26 2026/27
Customer Charge per Bill
All Classes $2.50 $2.69 $2.83 $2.98 $3.06
Readiness to Serve Charge per
ERU
Single-Family $21.07 $22.66 $23.80 $24.99 $25.62
Commercial $26.35 $28.33 $30.75 $31.24 $32.03
Public Buildings $21.07 $22.66 $23.80 $24.99 $25.62
User Rate per 1,000 gallons
Single-Family $6.88 $7.40 $7.77 $8.16 $8.37
Commercial $8.57 $9.22 $9.69 $10.18 $10.44
Public Buildings $6.88 $7.40 $7.77 $8.16 $8.37
Sewer Flat Rate
Multifamily
Per residential unit $36.11 $38.82 $40.77 $42.81 $43.89
The sewer charges adopted above for 2022/23 shall be automatically adjusted annually by
the amount stated in the rate schedule above. The annual adjustment shall be effective on
October 1 of each year beginning with the first adjustment on October 1,2023 and ending
with the last adjustment on October 1, 2026. Notwithstanding, the annual adjustment
permitted under this rate schedule shall be subject to suspension or reduction by the city
council on an annual basis prior to the effective date of the automatic annual adjustment.
Any suspension or reduction shall be based on the city council's periodic evaluation of the
financial management plan of the city's sewer utility system, particularly the updated
revenue and expenses, as well as changes in economic conditions, water consumption,
regulatory requirements and other factors.
(c) Reserved.
Supp. No. 31
CDB:13
CAPE CANAVERAL CODE
Article IV Reclaimed Water
Code
Description Amount Section
(a) Single-family, townhouse, duplex and triplex unit
$475.00 for each required backflow device
(b) Multifamily, apartment complexes, condominium develop-
ments and mobile home parks
$500.00 for each existing backflow device installed by the
property owner
(c) Commercial and industrial 78-177
$500.00 for each existing backflow device installed by the
property owner
(d) Reclaimed water rates shall be charged based on
Equivalent Reclaimed Irrigation Connections ("ERICs")
established by the size of the customer's connection to the
city's reclaimed water utility system as follows:
1-inch diameter connection = 1 ERIC
2-inch diameter connection = 4 ERICs
4-inch diameter connection = 12 ERICs
Each customer class shall be charged the flat rate per
ERIC identified below for reclaimed water service. New
rates shall take effect on October 1st of each year:
All Customer Classes'
Reclaimed Water Flat Rate Per ERIC
2016/17 2017/18 2018/19 2019/20 2020/21
$7.34 $7.53 $7.72
$7.92 $8.12
'Does not include wholesale, bulk, large user or other customer under separate contract or
agreement with the city.
Article V. Stormwater Drainage
Stormwater ERU Rate. The City Council of the City of Cape Canaveral hereby amends the
ERU rate to be charged as the city's stormwater management utility fee, as authorized by
section 78-300(1) of the City Code, to be as follows:
• $6.00 per month per ERU for calendar year 2017;
• $7.00 per month per ERU for calendar year 2018;
• $8.00 per month per ERU for calendar year 2019;
• $9.00 per month per ERU for calendar year 2020; and
• $10.00 per month per ERU for calendar year 2021.
The need and justification for amendment of this rate is set forth in the attached analysis and
data contained in Exhibit "A", fully incorporated herein by this reference.
Supp. No. 31 CDB:14
•
•
•
APPENDIX B—SCHEDULE OF FEES
Chapter 80. Vehicles for Hire
Article III. Driver's Permit Code
Description Amount Section
(a) Public vehicle driver's permits:
(1) For each permit used 8.00
(2) For each renewal of permit 7.00
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations
Code Section 82-2
(A) Building permit fees. ON all buildings structures or alterations requiring a building permit, a
fee set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
Valuation Fee
$500.00 or less $50.00
$501.00 to and including $1,500.00 $65.00
$1,501.00 to and including $3,000.00 $80.00
$3,001.00 to and including $20,000.00 $80.00 for the first $2,000.00 and $7.00 for
each additional $1,000.00 or fraction thereof
to and including $20,000.00
$20,001.00 to $100,000.00 $206.00 for the first $20,000.00 and $5.00 for
each additional $1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to $500,000.00 $606.00 for the first$100,000.00 and$4.50 for
each additional $1,000.00 or fraction thereof
to and including $500,000
$500,001.00 and up $2,406.00 for the first $500,000.00 and $3.00
for each additional$1,000.00 or fraction thereof
The total valuation for assessment of permit fees shall be based upon the actual construction
contract price for the work required to be permitted including the contract price for any new
structure(s), with satisfactory evidence of same being submitted to the building official, or a
construction cost estimate made by the building official,using the latest valuation data published by
the International Code Council (I.C.C.), whichever is greater, except as otherwise provided in this
section. In no case shall the valuation be less than that determined by using the latest valuation
data published by the I.C.C.
(B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the
valuation of the proposed construction exceeds $1,000.00 and plans and/or specifications are required
to be submitted, a plan checking fee shall be paid at the time the permit is issued.
The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall
be in addition to the building permit fee.
Supp. No. 31 CDB:15
CAPE CANAVERAL CODE
When the valuation of the proposed construction exceeds $500,001.00, a nonrefundable plan review
deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the
anticipated plan review fee.
When a dispute exists in the review of the plans and specifications for construction, the applicant
may request a hearing before the construction board of adjustment.
(C) In addition to any fee or fees charged in subsections (A) and (B), a fee set forth below shall be
paid at the time the permit is issued. Note: Reroofing, remodeling, alterations, additions and repairs
permit fees shall be paid in accordance with subsections (A) and (B) only.
Plumbing, new, residential, per bathroom $70.00
Plumbing, new, hotel/motel, per unit $70.00
Plumbing, new, commercial, per bathroom $70.00
Sewer tap inspection fee $70.00
Electrical, new, single-family $110.00
Electrical, new, multifamily, per unit $85.00
Electrical, new, hotel/motel, per unit $70.00
Electrical, new, commercial, per unit $70.00
Mechanical, new, residential, per unit $85.00
Mechanical, new, hotel/motel, per unit $60.00
Mechanical, new, commercial, per system $60.00
Well, deep or shallow $60.00
Moving of building $160.00
Demolition of building $110.00
(D) Other fees:
Fire alarm permit Per valuation table "A" plus fire department fee
calculation
Fire sprinkler permit Per valuation table "A" plus fire department fee
calculation
I Preliminary review of construction plans $50.00 per hour or portion thereof
I Change of Contractor/Sub-Contractor $30.00
Permit Revision Fee. Minimum half-hour $25.00 per half hour
charge
Stormwater Review Fee $55.00 per hour
I Non-Refundable Application Processing Fee $35.00
Reinspection fee—When extra inspection trips $50.00
are necessary due to partial inspections, wrong
address, second call on rejected or condemned
work, additional work done after inspection has
been made, or work not ready for inspection
when called, a charge of$45.00 shall be paid in
advance for each additional inspection or at the
discretion of the building official on large
projects prior to issuance of a certificate of
occupancy or completion
I Certificate of Occupancy $50.00
(Failure to Obtain an approved Final Inspection $110.00
Work started prior to issuance of permit (ref. Double Permit Fee
building code adopted by chapter 82 of this
Code)
Supp. No. 31 CDB:16
APPENDIX B—SCHEDULE OF FEES
Special Inspection (after-hours, weekend, $50.00 per hour
holiday, arranged two days in advance).
Minimum four-hour charge for weekends and
holidays
Final Inspection. Fine for failure to obtain a $110.00
final approved inspection for a permit before it
expires. No further permits may be issued to
any contractor or permit applicant with an
outstanding fine or to any contractor with an
expired permit due to failure to obtain a final
inspection.
Article V. Registration and Maintenance of Properties in Foreclosure
Code
Amount Section
Registration and re-registration fee 200.00 82-119
Chapter 86. Concurrency Management System
Code
Amount Section
(a) Concurrency evaluation review fee: 86-5
(1) Multi-family project, per building 100.00
(2) Commercial project, per building 100.00
(3) Single-family home 100.00
(4) Improvements of insignificant impact (as defined by
Ordinance No. 3-90) 20.00
(b) Reservation of priority of an applicant over subsequent
applications is by prepayment of concurrency review fees 86-7
Chapter 90. Floods
Article IV. Stormwater Management
Code
Amount Section
(a) Permit fee:
Site development project construction cost up to and
including $100,000.00 $1,000.00
Site development project construction cost exceeding 1% of construc-
$100,000.00 tion cost 90-131
(b) Inspection fee 90-195
Supp. No. 31 CDB:17
CAPE CANAVERAL CODE
Chapter 94. Signs
Code
Amount Section
(a) Permit fee shall be calculated on actual contract cost
using subsection (a) of Chapter 82 of Appendix B
(b) Reinspection fee 50.00 94-35
(c) For commencing work without a permit, all fees shall be
double
(d) Temporary off-premises signs and banners and temporary 94-81
nonresidential signs greater than 12 sq. ft. 50.00 and 94-4(7)
Chapter 98. Subdivisions
Code
Amount Section
(a)Variance application fee 250.00 98-4
(b) Plat fee schedule. The fee schedule for review of replat/
subdivision of land shall be: 98-53
(1) One, two or three lots 500.00
(2) Four or more lots 600.00
Plus $7.50 per lot, not to exceed $750.00
(c) Resubmission. Changes to approved replat/subdivision of
land shall be charged at a rate equal to 50 percent of the
original fee.
(d) Lot split 500.00 98-66
(e) Lot line adjustment 250.00 98-67
Chapter 102. Vegetation
Article II. Tree Protection
Code
Amount Section
(a) Removal of tree in lieu of replacement, per inch of dbh 50.00 102-41
Chapter 110. Zoning.
Code
Amount Section
(a) Application for rezoning 825.00 110-92
(b) Application for proposed amendment to chapter 275.00 110-92
(c)Application for a special exception or variance 825.00 110-92
(d) Application for appeal of administrative decision 275.00 110-92
Supp. No. 31 CDB:18
APPENDIX B-SCHEDULE OF FEES
Code
Amount Section
(e) Site plans: 110-223
(1) Fee schedule. The fee schedule for site plan review
shall be:
a. One, two and three residential units 825.00
b. Four or more residential units 825.00
c. Commercial structures 825.00
d. Extension of site plan 165.00
(2) Resubmission. Changes to originally approved site
plans shall be charged at a rate equal to 50 percent
of the original fee.
(f) Zoning compliance letter 55.00
(g) Application for development review committee 275.00
(h) Fence height exemption filing fee 37.50 110-470
(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; Ord. No. 16-2022, § 2, 7-19-22)
Supp. No. 31 CDB:19
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
98-31
98-45-98-47
98-60,98-61
98-66
Added 98-67
09-2017 7-18-17 2 Added 110-470(a)(7)
2017-08(Res.) 7-18-17 2 App. B, Ch. 78,Art.
IV
2017-09(Res.) 7-18-17 2 App. B,Ch. 78,Art.
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. 31 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
27-2021 9-21-21 2 58-1
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
35-2021 9-21-21 2 38-33
36-2021 11-16-21 2 Ch. 110,Art. IX,
Div. 4(tit.)
110-521
Rpld 110-522, 110-523
3A 10-128
3B 94-4(11)
94-83
94-100
3C 110-1
Rpld 110-273(4)
Rpld 110-293(4)
Rpld 110-313(4)
Supp. No. 31 CCT:30
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
110-468(a)
Rpld 110-489(1)(1)
37-2021 10-19-21 2 54-1
43-2021 12-21-21 2 Added 74-56.6
74-57
02-2022 4-19-22 2 Added 26-6
03-2022 5-17-22 2 2-41
2-42
04-2022 8-16-22 2 Added 74-76-74-84
16-2022 7-19-22 2 App. B,Ch. 78,Art.
III
Supp. No. 31 CCT:31
STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code, either in the text or notes
following the text,of references to the Florida Statutes.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 10-92
34.191 Ch. 50 34-42
ch. 50 82-221 82-400(f)
50.041 2-253 91-7
82-221 102-37
50.051 2-253 ch. 162,pt. I 2-255
82-221 162.09(3) 78-60
60.05 2-292 162.21(6) 2-287
2-296 162.22 10-92
2-297 ch. 163 22-50
chs. 97-106 Ch. 26 58-56
26-1 110-37(a)
100.151 26-6 163.387 22-50
100.181 2-26 163.3161-163.3211 58-57
26-6 163.3161 et seq. 115-15
100.342 26-6 163.3174 58-56
101.657 26-5 163.3180(12) 86-22
ch. 106 Char. §7.02 86-26
ch. 112,pt. III Char. §7.01 163.3180(16) 86-21
112.061 2-300 163.3180(16)(b)1 86-23
112.3135 Char.,§7.03 163.3180(16)(e) 86-25
112.3143 2-67 163.3220 86-2
ch. 119 78-98 ch. 166 110-37
119.011 2-116 110-37(a)
119.021 2-116 166.021(1) App. A,Art. II
119.071(3) 2-63 166.021(10) 2-300
161.053 Ch. 14,Art. III 166.04 110-137
90-77 166.041 1-11
161.055 90-55 10-87
161.52 et seq. Ch. 82,Art. IV 110-137(e)
161.54 90-79 166.101 Ch. 2,Art. V
161.141 90-55 166.101 et seq. Ch. 70
161.142 Ch. 14,Art. III 166.231 Ch. 70,Art. II
161.161 Ch. 14,Art. III 70-27
161.163 Ch. 14,Art. III 166.231(1)(b) 70-29
ch. 162 Ch. 2,Art. VI 166.232 Ch. 70,Art. II
2-248 166.3164 115-1(7)
2-250 167.22 App. A,Art. III,§8
2-255.2 ch. 170 90-192
2-256 ch. 177 Ch. 98
2-257 98-1
2-258 98-31
2-260 98-41
2-263 98-58
2-282 110-423
2-296 177.25 et seq. 110-222
Supp. No. 31 SLT:1
CAPE CANAVERAL CODE
F.S. Section F.S. Section
Section this Code Section this Code
ch. 192 et seq. Ch. 70 110-341
193.1142 22-50 110-352
ch. 194 102-36 110-609
196.075 70-1 381.0065 90-55
196.075(3) 70-1 ch. 386,pt. I 10-62
203.012 70-26 ch. 399 82-221
ch. 205 Ch. 70,Art. III 402.302 110-1
70-83 ch. 403 78-275
205.043(2),(3) 70-81 403.91 et seq. Ch. 106,Art. II
205.053 70-75 403.413 Ch. 34,Art. II
205.053(1) 70-74 403.415 Ch. 34,Art. V
70-76 403.702 et seq. Ch. 62
205.053(2) 70-75 403.7046 62-4
205.053(3) 70-75 403.801 et seq. 106-29
206.9925 54-9 403.9337 92-14
215.85 2-206 403.9338 92-2
ch. 286 Ch. 2,Art. II,Div. 413.08 54-13
3 ch. 458 110-489
286.0113(1) 2-63 458.3265 2-295
286.0115 2-66 110-1
ch. 316 54-8 ch. 459 110-489
74-1 459.0137 2-295
74-63 110-1
316.003 74-56.5 ch. 465 110-1
316.008(1)(e) 54-8 ch. 468 82-320
316.194 74-56 82-148
316.195 34-34 ch. 470 62-1
316.212 74-76 ch. 480 10-90
316.212(9) 74-84 482.1562(9) 92-2
316.271 74-80 489.127 82-375
316.293 Ch. 34,Art. V 82-377
316.1936 Ch. 6,Art. III,Div. 489.127(2) 82-379
2 489.127(5)(j) 82-384
316.1945 74-56 489.127(5)(m) 82-380
316.2122 74-76 489.131(3)(e) 70-85
74-83 489.132(1) 82-375
316.2122(1) 74-83 82-377
Ch. 318 74-63 489.501 et seq. 30-26
320.01 90-77 501.160 18-5
320.01(22) 74-76 ch. 509 110-1
320.02 74-83 110-490.1
320.823 82-88 509.013(4)(a)1 110-521
320.8249 90-88 509.032(7)(b) 110-486
Ch. 337 66-1 509.102 110-584.1
339.155 86-29 509.102(1) 110-584.1
366.02 90-50 ch. 515 82-221
370.12 Ch. 14,Art. III 110-582
373.036 90-55 ch. 517 10-86
373.185(1)(b) 110-685 ch. 553 Ch. 82
376.031 54-9 553.36(12) 110-1
380.04 86-2 553.73(5) 90-66
ch. 381 10-163 553.73(8) 82-400(e)
110-332 553.73(10)(k) 90-500
Supp. No. 31 SLT:2
STATE LAW REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
553.900 Ch. 82,Art. IX 784.011 2-295
556 App. A,Art. III, 784.021 2-295
§ 13.5 784.03 2-295
559.955 110-521 784.045 2-295
ch. 561 6-52 54-25
6-53 790.001 54-11
10-108 790.01 18-3
chs. 561-568 110-171(a)(2) 790.15 50-1
110-172 790.33 54-11
ch. 561 et seq. Ch. 6 ch. 791 Ch. 38,Art. IV
561.01 6-51 791.01 54-11
54-14 110-1
561.01(4)(a) 110-1 791.01(4)(b) 38-81
ch. 562 10-108 110-1
562.14 6-26,6-27 110-1
562.45 6-27 ch. 794 10-90
ch. 563 10-108 10-108
ch. 564 10-108 80-1
ch. 565 10-108 ch. 796 10-90
565.02(4) 110-171 10-108
565.03 110-341 80-1
570.02 92-2 796.07 2-293
581.091 110-684 ch. 800 10-90
585.001 54-13 10-108
604.50 90-50 80-1
ch. 633 Ch. 38 800.03 10-90
633.022 Ch. 38,Art. II 806.111 10-86
633.025 Ch. 38,Art. II, ch. 810 80-1
98-114(o) 810.02 2-295
633.025(1) 38-26 810.09 54-15
633.025(3) 38-28 ch. 812 80-1
658.98 2-206 812.014 2-295
ch. 705 34-180 812.019 2-293
705.101 et seq. Ch. 34,Art. VI 812.131 2-295
ch. 718 78-276 ch. 817 80-1
110-404 817.563 2-293
110-723 817.564 2-293
115-15 823.041 54-13
110-521 823.14 92-11
ch. 719 110-521 ch. 826 10-90
ch. 720 110-521 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
Supp. No. 31 SLT:3
CAPE CANAVERAL CODE
F.S. Section
Section this Code
856.015 54-14
870.01 54-25
870.03 54-25
870.041 et seq. Ch. 18
874.03 2-293
877.03 10-86
ch. 893 2-293
10-108
80-1
893.03 54-25
893.13 2-295
10-86
893.138 2-292
2-293
2-294
ch. 895 10-108
ch. 943 2-284
943.25(13) 50-3
Supp. No. 31 SLT:4
CODE INDEX
Section Section
BUSINESSES CAUSES
Fertilizer land application Effect of repeal of ordinances 1-9(b)
Commercial and institutional applica-
tors 92-13 CEMETERIES
Land development code Parks and recreation areas 54-1 et seq.
Signs See:PARKS AND RECREATION
Home based business signs 94-83 CERTIFICATES OF OCCUPANCY
Zoning Land development code regulations re
A1A Economic Opportunity Overlay zoning 110-26 et seq.
District See:LAND DEVELOPMENT CODE
Landscaping; required screening Sewer impact fee requirements 78-125
for commercial parking facili- CHARTER
ties 110-690
Signage;business park/area multi- Definitions and rules of construction 1-2
user sign 110-709 CITY
Local business tax 70-66 et seq. Abandoned property
See:TAXATION Compliance with notice or order to
Outdoor entertainment events remove; removal by city upon
Local business tax receipt required 10-49 noncompliance 34-184
Parks and recreation Disposition of property removed by city 34-186
Commercial beach vendor franchises.. 54-5 Notification of owner following removal
Commercial recreational franchises ... 54-6 by city 34-185
Sexually oriented businesses, adult Redemption prior to sale by city 34-187
entertainment establishments Corporate limits
Local business tax receipts 10-128 Definitions and rules of construction.. 1-2
Solicitors,peddlers and itinerant vendors. 16-26 et seq. Definitions and rules of construction 1-2
See: PEDDLERS, CANVASSERS AND Floodplain management 90-26 et seq.
SOLICITORS See:LAND DEVELOPMENT CODE
Solid waste 62-1 et seq. Franchise regulations in general. See:
See:SOLID WASTE FRANCHISES(Appendix A)
Solid waste
Authority of city to collect 62-3
C Ownership by city 62-4
CALLINGS Street excavations
Local business tax 70-66 et seq. Authority of city 66-64
See:TAXATION City's right to restore surface 66-69
Liability of city 66-62
CAMPING CITY ATTORNEY
Parks and recreation Council
Sleeping and camping 54-17 Attendance at meetings 2-127
Sleeping and camping in public areas and Duties 2-126
beaches 50-4
CITY CLERK
CANALS Duties 2-116
Subdivisions
Land development code regulations ...98-1 et seq. CITY COUNCIL
See:LAND DEVELOPMENT CODE City attorney
Duties 2-126
CANVASSERS.See:PEDDLERS,CANVASS- City manager
ERS AND SOLICITORS Powers and duties 2-101(2)
Code of conduct 2-28
CAPE CANAVERAL. See: CITY Compensation
CAPITAL EXPANSION PLANS Established for councilmembers other
Impact fee 2-237 than mayor 2-41
Mayor,established for 2-42
CAPITAL EXPANSION TRUST FUND Definitions and rules of construction 1-2
Impact fees 2-236 Election 2-26
Council vacancies—Resign-to-run law
CARS.See:MOTOR VEHICLES AND TRAF- and intervening city general elec-
FIC tion 26-6
Supp. No. 31 CDi:5
CAPE CANAVERAL CODE
Section Section
CITY COUNCIL(Cont'd.) COASTAL CONSTRUCTION
Eminent domain powers re economic Coastal construction code 82-88 et seq.
development 2-70 Buildings and building regulations.See:
Mayor LAND DEVELOPMENT CODE
Compensation established for 2-42
Meetings CODE ENFORCEMENT
Adjournment 2-69 Abandoned property
Adoption of motion 2-67 Special magistrate or code enforcement
Call to order;quorum;roll call 2-64 board hearing procedures 34-183
City attorney to attend 2-127 Additional enforcement powers 2-255.2
Consideration of matters before council 2-66 Authorization to enter upon property 2-246
General discussion 2-68 Buildings and building regulations
Minutes 2-65 Citations;unlicensed contractors;failure
Ordinances and resolutions to obtain building permit 82-375 et seq.
Preparation prior to meeting 2-59 Citations(code enforcement)
Parliamentary procedure 2-61 Applicable codes,ordinances;class viola-
Preparation and notice of agenda 2-60 tion 2-283
Presiding officer 2-62 Citation powers; personal investiga-
Regular meetings 2-56 tion;reasonable cause 2-285
Sergeant at arms 2-63 Citation program,authorization of.... 2-282
Special and emergency meetings 2-57 Classes of violations,penalties 2-291
Workshop meetings 2-58 Form(citation) 2-288
Ordinances and resolutions Intent;purpose 2-280
Preparation prior to meeting 2-59 Issuance procedure 2-287
Regular meetings 2-56 Payment of penalty;court hearings.... 2-289
Special and emergency meetings 2-57 Training of code enforcement officers.. 2-284
Subdivisions Violation;penalties;general 2-286
Plats and lot splits Code enforcement board
Final plat Administrative fines; costs of repairs;
Planning and zoning board and and filing of liens 2-252
city council review; general Administrative rules 2-259
criteria for approval 98-61 Appeal order 2-255.1
Uncontested elections 2-27 Code board proceedings .
Workshop meetings 2-58 Duties,responsibilities and powers. 2-258
Code references to 2-249
CITY MANAGER Created 2-256
Acting city manager 2-102 Membership 2-257
Civil emergencies Service of notice for proceedings 2-253
Persons authorized to declare 18-2 Criminal nuisance abatement board
Criminal nuisance abatement board 2-292 et seq. Appeal 2-298
See: CODE ENFORCEMENT Criminal nuisances established; viola-
Powers and duties 2-101 tions 2-295
CITY TREASURER Enforcement procedures; notice; hear-
Fees schedule in general. See: FEES ing 2-296
(Appendix B) Establishment;membership;meetings;
definitions 2-293
CIVIL EMERGENCIES Penalties;fines;liens;recording 2-297
Authority;governor's;president 18-7 Powers 2-294
Definitions 18-2 Purpose and intent 2-292
Duration and termination of emergency.. 18-4 Code enforcement officers
Emergency powers and measures 18-3 Duties of,generally 2-250
Persons authorized to declare emergency. 18-2 Code lien satisfactions
Sale of goods, services, or materials at Application for satisfaction, release, or
unconscionable prices 18-5 reduction,of code enforcement liens 2-260
Violations and penalties 18-6 Definitions 2-247
CLERK. See: CITY CLERK Enforcement procedures 2-254
Prosecution of violations with no criminal
CLUBS penalty 2-251
Persons;definitions and rules of construe- Provisions are supplemental;conflicts with
tion extended and applied to 1-2 state law 2-248
Supp. No. 31 CDi:6
CODE INDEX
Section Section
CODE ENFORCEMENT(Cont'd.) COMMUNITY APPEARANCE REVIEW
Scheduling and conduct of hearing 2-255 BOARD
Special magistrate Board
Administrative fines; costs of repairs; Established 22-37
and filing of liens 2-252 Membership 22-37
Appeal order 2-255.1 Proceedings of the board 22-39
Code references to 2-249 Qualifications of members 22-37
Powers 2-262 Compliance with other code provisions... 22-41
Proceedings;duties,responsibilities and Concept plans 22-45
powers 2-263 Permits
Service of notice for proceedings 2-253 Appeals and review 22-46
Special magistrates 2-261 Application criteria 22-44
Approval prerequisite for permits 22-40
CODE OF ORDINANCES* Building permits;enforcement 22-47
Altering Code 1-13 Notice of approval or denial 22-43
Amendments to Code 1-11 Procedure 22-42
Catchlines of sections 1-3 Statement of findings and purpose 22-36
Certain ordinances not affected by Code . 1-10 COMMUNITY DEVELOPMENT
Chapters or sections,references to 1-5 Business and cultural development board 22-26 et seq.
Code does not affect prior offenses,rights, Community appearance review board.... 22-36 et seq.
etc. 1-8 Community redevelopment
Definitions and rules of construction 1-2 Redevelopment trust fund 22-50
Effect of repeal of ordinances 1-9 Land development code regulations re
General penalty;attorneys'fees and costs 1-15 zoning 110-26 et seq.
History notes 1-4 See:LAND DEVELOPMENT CODE
How Code designated and cited 1-1 COMPETITIVE BIDS
Provisions considered as continuation of 0 Purchasing 2-216 et seq.
existing ordinances 1-7 See: PURCHASES AND PURCHAS-
References and editor's notes 1-6 ING
Severability of parts of Code 1-14
Supplementation of Code 1-12 COMPREHENSIVE PLAN
Local planning agency
CODES Designation of agency,department,com-
Boards,committees and commissions;code mittee or person to prepare
of conduct 2-172 comprehensive plan 58-58
City council;code of conduct 2-28 CONCURRENCY MANAGEMENT SYSTEM
City election code adopted 26-1 Fees schedule in general. See: FEES
Local amendments to Florida Building
(Appendix B)
Code,Building 82-146 et seq.
See:BUILDINGS Land development code regulations 86-1 et seq.
See:LAND DEVELOPMENT CODE
Technical codes. See that subject Sanitary sewer system 78-26 et seq.
COMMITTEES AND COMMISSIONS. See: See: SEWERS AND SEWAGE
DISPOSAL
BOARDS, COMMITTEES AND COM-
MISSIONS CONNECTIONS
Sewer connections 78-27 et seq.
COMMUNICATION SERVICES See: SEWERS AND SEWAGE
Franchise regulations in general. See: DISPOSAL
FRANCHISES(Appendix A)
Public service tax CONSTRUCTION
Generally 70-26 et seq. Coastal construction code 82-88 et seq.
See:TAXATION Buildings and building regulations.See:
LAND DEVELOPMENT CODE
*Note—The adoption, amendment, repeal, omissions, effec- Construction site stormwater runoff control
tive date, explanation of numbering system and other mat- Defmitions 90-200
ters pertaining to the use,construction and interpretation of Design requirements 90-204
this Code are contained in the adopting ordinance and Emergency exemption 90-207
preface which are to be found in the preliminary pages of this Enforcement,inspections and penalties 90-206
volume. Erosion and sediment control plan 90-203
Supp. No. 31 CDi:7
CAPE CANAVERAL CODE
Section Section
CONSTRUCTION(Cont'd.) CULTURAL DEVELOPMENT. See: BUSI-
Inspection 90-205 NESS AND CULTURAL DEVELOP-
Permits 90-201 MENT BOARD
Review and approval 90-202
Solid waste CYCLONES
Unlawful acts Civil emergencies 18-1 et seq.
Construction and demolition debris. 62-11(g) See: CIVIL EMERGENCIES
Stormwater drainage
Illicit discharge and connection D
Industrial or construction activity
discharges 78-408 DANCING AND DANCEHALLS
Alcoholic beverage establishments
CONTRACTORS Nudity on premises 6-27
Local business tax
Contractors and subcontractors DEBRIS. See also: SOLID WASTE
Special requirements for 70-85 Burial of debris 34-41
CONTRACTS AND AGREEMENTS DEDICATIONS
Certain ordinances not affected by Code . 1-10(a) Land development code regulations re
City attorney zoning 110-26 et seq.
Duties 2-126(6) See:LAND DEVELOPMENT CODE
Code does not affect prior contracts Plats or subdivisions
establishing or occurring 1-8 Certain ordinances not affected by Code 1-10(a)(12)
Franchise agreements 66-1
Franchise regulations in general. See: DEEDS
FRANCHISES (Appendix A) Certain ordinances not affected by Code . 1-10(a)(2)
Land development code
Concurrency management system DELEGATION OF AUTHORITY
Transportation facility proportion- Definitions and rules of construction 1-2
ate fair-share mitigation DENSITY
program Land development code regulations re
Proportionate fair-share agree- zoning 110-26 et seq.
ments 86-28 See:LAND DEVELOPMENT CODE
Purchasing 2-216 et seq.
See: PURCHASES AND PURCHAS- DEPARTMENTS AND OTHER AGENCIES
ING OF CITY. See also:BOARDS,COMMIT-
Right-of-way use agreements 66-1 TEES AND COMMISSIONS
Vested rights agreements 115-10 City manager
CORPORATE LIMITS Powers and duties 2-101(6)
Definitions and rules of construction 1-2
Definitions and rules of construction 1-2 Delegation of authority
COUNCIL. See: CITY COUNCIL Definitions and rules of construction.. 1-2
Fire department 38-56 et seq.
COUNTY See:FIRE PREVENTION
Animal control ordinance 14-26 et seq. Joint authority
See:ANIMALS AND FOWL Definitions and rules of construction.. 1-2
Defmitions and rules of construction 1-2 Local planning agency 58-56 et seq.
Floodplain management 90-26 et seq. See:PLANNING AND DEVELOPMENT
See:LAND DEVELOPMENT CODE Police department 42-26
Stormwater drainage
COURTS Illicit discharge and connection
Code enforcement citations Authorized enforcement agency 78-401
Payment of penalty;court hearings.... 2-289
Costs for police education and training... 50-3 DEVELOPMENT DISTRICTS
Kelo vs. City of New London court deci- Land development code regulations re
sion re economic development and zoning 110-26 et seq.
eminent domain 2-70 See:LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq. DEVELOPMENT. See: PLANNING AND
See:LAND DEVELOPMENT CODE DEVELOPMENT
Supp. No. 31 CDi:8
CODE INDEX
Section Section
DISCHARGES ELECTIONS(Cont'd.)
Sewers 78-96 et seq. State election code adopted 26-1
See: SEWERS AND SEWAGE
DISPOSAL ELECTRICITY
Fees schedule in general. See: FEES
DISCRIMINATION (Appendix B)
Fair housing Franchise regulations in general. See:
Discriminatory practices 36-21 et seq. FRANCHISES(Appendix A)
See:HOUSING Public service tax 70-26 et seq.
Gas franchise agreement. See: See:TAXATION
FRANCHISES(Appendix A) Signs
Land development code regulations 94-1 et seq.
DISTRICTS See:LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq. EMERGENCIES
See:LAND DEVELOPMENT CODE Civil emergencies 18-1 et seq.
DRAINS AND DRAINAGE See: CIVIL EMERGENCIES
Construction site stormwater runoff control
Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE Emergency pad-mountedexempton 90-207
Emergency generators
Floodplain management 90-26 et seq. Zoning requirements 110-484
See:LAND DEVELOPMENT CODE Fire protection services;emergency medi-
Sanitary sewer system 78-26 et seq. cal services 38-56
See: SEWERS AND SEWAGE Floodplain management 90-26 et seq.
DISPOSAL See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq. Franchise regulations in general. See:
See: STREETS, SIDEWALKS AND FRANCHISES(Appendix A)
OTHER PUBLIC WAYS Land development code
Subdivisions Signs;emergency response system .... 94-77
Land development code regulations 98-1 et seq. Outdoor entertainment events
See:LAND DEVELOPMENT CODE Permit;emergency suspension or cancel-
DRUNKS AND DRUNKENNESS lotion of permitted outdoor
Alcoholic beverages 6-1 et seq. entertainment event 10-77
See:ALCOHOLIC BEVERAGES Purchase 2-221
Sanitary sewer system
DUNES Termination of service and emergency. 78-58
Parking prohibited 74-59 Services
Wetlands protection 106-26 et seq. Alarm systems 30-26 et seq.
See:LAND DEVELOPMENT CODE See:ALARM SYSTEMS
Fees schedule in general. See: FEES
E (Appendix B)
Street excavations 66-70
EARTHQUAKES EMINENT DOMAIN
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES Re economic development 2-70
EASEMENTS EMPLOYEES. See: OFFICERS AND
Subdivisions EMPLOYEES
Land development code regulations ... 98-1 et seq. ENCROACHMENT
See:LAND DEVELOPMENT CODE Property maintenance standards 34-91 et seq.
ECONOMIC DEVELOPMENT See: PROPERTY MAINTENANCE
Eminent domain powers of council re.... 2-70 STANDARDS
ELECTIONS ENGINEER. See: CITY ENGINEER
Certain ordinances not affected by Code . 1-10(a)(16) ENGINEERS AND ENGINEERING
Council vacancies—Resign-to-run law and Street excavations
intervening city general election.... 26-6 Engineering details 66-66
Early voting exemption 26-5
Penalties for violations 26-2 ENGINES
Qualifying period Discharge into open air of exhaust
Generally 26-3 Noises,enumeration of prohibited.... 34-153(6)
Supp. No. 31 CDi:9
CAPE CANAVERAL CODE
Section Section
ENTERTAINMENT. See: AMUSEMENTS FEDERAL GOVERNMENT
AND AMUSEMENT PLACES Federal utilities commission
Franchise regulations in general. See:
ENVIRONMENT FRANCHISES(Appendix A)
Abandoned property 34-176 et seq. Franchise regulations in general. See:
See:ABANDONED PROPERTY FRANCHISES(Appendix A)
Land development code regulations re Interpret law
zoning 110-26 et seq. City attorney
See:LAND DEVELOPMENT CODE Duties 2-126(3)
Lights 34-206 et seq. Vehicles for hire
See:LIGHTS AND LIGHTING Application of provisions to vehicle,
Litter 34-26 et seq. operator regulator by federal
See:LITTER government 80-2
Noise 34-151 et seq.
See:NOISE FEES
Property maintenance standards 34-91 et seq. Alarm systems
See: PROPERTY MAINTENANCE Fees charged 30-31
STANDARDS Permit fees 30-27
Sanitary sewer system 78-26 et seq. Certain ordinances not affected by Code . 1-10(a)(7)
See: SEWERS AND SEWAGE Franchise regulations in general. See:
DISPOSAL FRANCHISES(Appendix A)
Street excavations 66-61 et seq. Impact fees 2-231 et seq.
See: STREETS, SIDEWALKS AND See:IMPACT FEES
OTHER PUBLIC WAYS Outdoor entertainment events
Tree protection,land clearing 102-36 et seq. Permit;fees and deposits 10-73
See:LAND DEVELOPMENT CODE Parks and recreation
Weeds and dead vegetation 34-121 et seq. Commercial beach vendor franchises
See: WEEDS AND DEAD VEGETA- Franchise fee 54-5(c)
TION Promulgation of rules;city fees;preexist-
Wetlands protection 106-26 et seq. ing rules; conflicts with rules;
See:LAND DEVELOPMENT CODE enforcement and penalties 54-24
Property
EXCAVATIONS Registration and maintenance of proper-
Building sewers 78-83 ties in foreclosure
Fees schedule in general. See: FEES Registration fees 82-119
(Appendix B) Sewer fees where owner has private water
Sanitary sewer system 78-26 et seq. supply 78-154
See: SEWERS AND SEWAGE Sexually oriented businesses, adult
DISPOSAL entertainment establishments license
Street excavations 66-61 et seq. Annual license fee 10-103
See: STREETS, SIDEWALKS AND Application;fee 10-95
OTHER PUBLIC WAYS Solid waste
Schedule of fees 62-5
EXHAUST Street excavations permit fee 66-83
Discharge into open air Vehicles for hire
Noises,enumeration of prohibited 34-153(6) Driver's permit fee 80-55
EXPLOSIONS/EXPLOSIVES Fees to be in addition to other taxes and
Civil emergencies 18-1 et seq. charges 80-3
See: CIVIL EMERGENCIES FENCES, WALLS, HEDGES AND
Fireworks 38-81 et seq. ENCLOSURES
See:FIREWORKS Flood resistant development 90-102 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq.
FALSE ALARMS. See:ALARM SYSTEMS See:LAND DEVELOPMENT CODE
Signs
FALSE STATEMENTS Land development code regulations 94-1 et seq.
Receipt application 70-73 See:LAND DEVELOPMENT CODE
Supp. No. 31 CDi:10
CODE INDEX
Section Section
FERTILIZER LAND APPLICATION
Appeals 92-15
Applicability 92-3
Application practices 92-9
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. 31 CDi:10.1
CODE INDEX
Section Section
FRANCHISES(Appendix A)(Cont'd.) GRADES AND GRADING
Schedules and routes VI-6.0 Concurrency management 86-1 et seq.
Scope of work VI-4.0 See:LAND DEVELOPMENT CODE
Sovereign immunity VI-28.0 Floodplain management 90-26 et seq.
Storms; hurricanes; natural disasters; See:LAND DEVELOPMENT CODE
calamities VI-21.0 Street excavations 66-61 et seq.
Time of the essence VI-27.0 See: STREETS, SIDEWALKS AND
Title to refuse VI-29.0 OTHER PUBLIC WAYS
Transfer of ownership or control VI-13.0 Street grades
Certain ordinances not affected by Code 1-10(a)(10)
FRANCHISES(Generally) Tree protection,land clearing 102-36 et seq.
Certain ordinances not affected by Code . 1-10(a)(4) See:LAND DEVELOPMENT CODE
Franchise regulations in general. See: GUTTERS
FRANCHISES (Appendix A) Litter,sweeping into gutters prohibited 34-31
Parks and recreation
Commercial beach vendor franchises.. 54-5
Commercial recreational franchises ... 54-6 H
Streets,sidewalks and other public ways HANDBILLS
Franchise agreements 66-1 Litter regulations 34-51 et seq.
FRAUD See:LITTER
Solicitors,peddlers and itinerant merchants 16-30 HARASSMENT
Solicitors and itinerant merchants
F.S. (Florida Statutes) Harassment prohibited 16-28
Definitions and rules of construction 1-2
HAZARDOUS MATERIALS AND
FUEL GAS. See: GAS SUBSTANCES
Fire prevention regulations re 38-90 et seq.
FUEL OIL See:FIRE PREVENTION
Public service tax 70-26 et seq. Solid waste generally 62-1 et seq.
See:TAXATION See:SOLID WASTE
Specifically 62-11(d)
G HEALTH AND SANITATION
GARAGE SALES Abandoned property 34-181 et seq.
Land development code regulations re See:ABANDONED PROPERTY
zoning 110-26 et seq. Local planning agency 58-56 et seq.
See:LAND DEVELOPMENT CODE See:PLANNING AND DEVELOPMENT
Sanitary sewer system 78-26 et seq.
GARBAGE AND TRASH.See:SOLID WASTE See: SEWERS AND SEWAGE
DISPOSAL
GAS Solid waste 62-1 et seq.
Franchise regulations in general. See: See:SOLID WASTE
FRANCHISES (Appendix A) Tree protection,land clearing 102-36 et seq.
Public service tax 70-26 et seq. See:LAND DEVELOPMENT CODE
See:TAXATION Weeds and dead vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
GENDER TION
Definitions and rules of construction 1-2
HEIGHT
GENERATORS Land development code regulations re
Emergency pad-mounted generators zoning 110-26 et seq.
Zoning requirements 110-484 See:LAND DEVELOPMENT CODE
Outdoor entertainment events
GIFTS Permit;temporary structures;integrity,
Purchasing procedure 2-226(b) height,location 10-69
GLASS CONTAINERS HOME OCCUPATIONS
Parks and recreation 54-22 Construction noise 34-154
Land development code
GOLF CARTS. See: MOTOR VEHICLES Signs
AND TRAFFIC Home based business signs 94-83
Supp. No. 31 CDi:13
CAPE CANAVERAL CODE
Section Section
HOME OCCUPATIONS(Cont'd.) IMPACT FEES(Cont'd.)
Land development code regulations re Land development code
zoning 110-26 et seq. Concurrency management system
See:LAND DEVELOPMENT CODE Transportation facility proportion-
Sexually oriented businesses, adult ate fair-share mitigation
entertainment establishments program
Local business tax receipts 10-128 Impact fee credit for proportion-
ate fair-share mitigation.... 86-27
HOOTING Levy and purpose 2-231
Noises,enumeration of prohibited 34-153(4) Partial waiver authorized 2-235
HORNS Payment 2-234
Noises,enumeration of prohibited 34-153(1) Sanitary sewer impact fees 78-121 et seq.
See:UTILITIES
HOUSING Schedules 2-233
Fair housing Sewers 78-121 et seq.
Additional remedies 36-6 See: SEWERS AND SEWAGE
Administrator authority and DISPOSAL
responsibilities 36-3
Complaints 36-4 IMPRISONMENT. See: PRISONS AND
Declaration of policy 36-1 PRISONERS
Definitions 36-2 IMPROVEMENTS. See: PUBLIC WORKS
Discriminatory practices AND IMPROVEMENTS
Exemptions and exceptions 36-22
Unlawful housing practices 36-21 INDECENCY AND OBSCENITY
Education and public information 36-7 Sexually oriented businesses, adult
Penalty 36-9 entertainment establishments 10-86 et seq.
Processing complaints 36-5 Obscenity;indecent exposure unlawful 10-89
Untruthful complaints or testimony 36-8
Floodplain management 90-26 et seq. INDIVIDUALS
See:LAND DEVELOPMENT CODE Persons;definitions and rules of construc-
Land development code tion extended and applied to 1-2
Zoning
Rental restrictions on dwelling units 110-487 INSPECTIONS
Vacation rentals 110-486 Building inspection service 82-21
Property maintenance standards 34-91 et seq. Building sewers
See: PROPERTY MAINTENANCE Notice for 78-79
STANDARDS Construction site stormwater runoff control
Public service tax Enforcement,inspections and penalties 90-206
Generally 70-26 et seq. Inspection 90-205
See:TAXATION Floodplain management 90-26 et seq.
Registration and maintenance of proper- See: LAND DEVELOPMENT CODE
ties in foreclosure 82-116 et seq. Land development code
See:PROPERTY Zoning
Vacation rentals 110-486
HURRICANES Inspections 110-486(f)
Civil emergencies 18-1 et seq. Property
See: CIVIL EMERGENCIES Registration and maintenance of proper-
ties in foreclosure
Mortgagee inspection requirements. 82-120
Reinspection fees
IMPACT FEES Fees schedule in general. See: FEES
Capital expansion plans 2-237 (Appendix B)
Capital expansion trust funds Signs
Collection;deposit 2-236(b) Land development code regulations ... 94-1 et seq.
Established 2-236(a) See:LAND DEVELOPMENT CODE
Use 2-236(c) Street excavations 66-63
Certain ordinances not affected by Code . 1-10(a)(18) Streets,sidewalks and other public ways
Exemptions 2-232 Excavations;permit
Fees schedule in general. See: FEES Inspections 66-85
(Appendix B) Vehicles for hire,mechanical inspections 80-76(d)
Supp. No. 31 CDi:14
CODE INDEX
Section Section
INSURANCE AND INSURANCE
COMPANIES
Fireworks 38-86
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Outdoor entertainment events
Permit insurance requirements 10-63
Signs
Land development code regulations 94-1 et seq.
See:LAND DEVELOPMENT CODE
Vehicles for hire 80-5
Supp. No. 31 CDi:14.1
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Native vegetation buffers 90-177 Lights and lighting
Natural surface waters used as Signs 94-63
sediment traps 90-175 Location
Phased developments 90-178 Measurements
Proper functioning 90-168 Signs 94-64(e)
Surface water channeled into Lots
sanitary sewers 90-170 Subdivision design standards 98-107
Water reuse and conservation.... 90-176 M-1 Light Industrial and Research and
Enforcement and penalties 90-120 Development District.See also herein:
Maintenance Zoning
Applicant as acceptable entity 90-192(c) Signs 94-99
Dedications 90-191 Maintenance
Failure to maintain 90-194 Stormwater management 90-191 et seq.
Inspection 90-195 See herein:Floods
Maintenance by approved entity Master plans
Acceptable responsible entity 90-192(a) Stormwater management, compliance
Phased projects 90-192(b) with city or county master plan.. 90-164
Plan for operation and Measurement and placement
maintenance program 90-193 Signs 94-64
Performance standards Mitigation
Computation 90-146 Wetlands protection 106-31
Native vegetation buffers
Rainfall intensity 90-147 Stormwater management 90-177
Water quality requirements 90-149 Natural surface waters
Water quantity requirements 90-148 Alteration of 90-173
Permit Sediment traps,used as 90-175
Application Obstructions
Information required 90-134 Signs, obstruction of free ingress or
Plan required 90-133 egress;standpipes/fire escapes... 94-6(b)
Exemptions 90-132 Off-premises signs 94-6(f),94-80
Required 90-131 Open burning
Previous approvals,standards of 90-119 Natural cover 102-42
Purpose and intent 90-117 Open space
Relationship to other stormwater Concurrency management
management requirements 90-118 Generally 86-1 et seq.
Variances 90-121 See herein:Concurrency Manage-
Grading code. See herein:Excavation and ment
Grading Code Parks and recreation areas
Ground signs 94-64(f),94-84 Concurrency management
Hardship variances Generally 86-1 et seq.
Subdivisions 98-4(a) See herein:Concurrency Manage-
Hazardous signs 94-62(b) ment
Height Performance standards
Signs 94-64(e) Stormwater management 90-146 et seq.
Implied consent 94-110 See herein:Floods
Ingress or egress Permanent markers
Signs,obstruction of 94-6(b) Subdivision improvements 98-87
Inspections Permit numbers
Signs Signs,display of 94-64(d)
By administrator 94-36 Permits
Generally 94-37 Concurrency management
Stormwater management 90-195 Conditional approval of development
Subdivisions 98-80 et seq. orders of permits 86-12
See herein: Subdivisions Signs 94-31 et seq.
Land clearing See herein: Signs
Tree protection 102-36 et seq. Stormwater management permit 90-131 et seq.
See herein:Tree Protection See herein:Floods
Landscaping Subdivision construction permit 98-69 et seq.
List of recommended landscaping plants 102-44 See herein: Subdivisions
Supp. No. 31 CDi:19
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Tree protection,land clearing 102-39, 102-40 Roadways
Permitted uses Concurrency management
Wetlands protection 106-29 Generally 86-1 et seq.
Phased developments See herein: Concurrency Manage-
Stormwater management 90-178 ment
Planning and zoning board Sanitary sewer system
Subdivisions Generally 78-26 et seq.
Powers of 98-3 See: SEWERS AND SEWAGE
Preliminary plat DISPOSAL
Review by planning and zoning Subdivision design standards 98-113
board,city council 98-46 Sediment traps
Plats Natural surface waters used as 90-175
Subdivision plats 98-31 et seq. Setbacks
See herein:Subdivisions Signs 94-64(e)
Portable signs 94-6(d) Severability 94-120
Portable water systems Sewers
Concurrency management Concurrency management
Generally 86-1 et seq. Generally 86-1 et seq.
See herein:Concurrency Manage- See herein:Concurrency Manage-
ment
Subdivision design standards 98-112 Subdivision improvements 98-90
Prohibited uses Shopping centers or multi-tenant centers
Wetlands protection 106-30 Signs
Shopping center or multi-tenant
Projecting signs 94-79 center in any district; public/
Property maintenance code 82-221 et seq. recreation buildings 94-100
See herein: Buildings and Building Signs
Regulations Abandoned signs 94-62(a)
Public facilities Administrator 94-30
Concurrency management Inspection by 94-36
Criteria for evaluation of levels of Aesthetic requirements of signs 94-65
service of 86-6 Awnings and canopies 94-82
Generally 86-1 et seq. C-1 Low Density Commercial District,
See herein:Concurrency Manage- C-2 Commercial. Manufacturing
ment District and M-1 Light Industrial
Public sites and open spaces and Research and Development
Subdivision design standards 98-109 District 94-99
R-1 Low Density Residential District. See Conformance to provisions 94-7
also herein: Zoning Definitions 94-1
Signs 94-96 Electronic signs 94-78
R-2 Medium Density Residential District. Emergency response system 94-77
See also herein:Zoning Enforcement 94-105
Signs 94-97 Exemptions 94-4
R-3 Medium Density Residential District. Fees
See also herein:Zoning Inspections and permits 94-35
Signs 94-98 Ground signs 94-84
Rainfall intensity Hazardous signs 94-62(b)
Stormwater management 90-147 Home based business signs 94-83
Records Identification 94-8
Concurrency management Implied consent 94-110
Cumulative level-of-service records. 86-10 Inspection
Remedies By administrator 94-36
Subdivisions 98-6 Fees 94-35
Reuse Notice for 94-37
Water reuse 90-176 Lighting 94-63
Revegetation Maintenance,notice to repair 94-10
Tree protection 102-43 Measurement and placement, criteria
Rights-of-way and standards for
Signs on 94-6(c) Area 94-64(a)
Supp. No. 31 CDi:20
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Offstreet parking and access 110-339 R-1 Low Residential District 110-271 et seq.
Principal uses and structures 110-332 See within subheading: R-1 Low
Prohibited uses and structures 110-335 Residential District
Special exceptions permissible by R-2 Medium Density Residential
board of adjustment 110-334 District 110-291 et seq.
C-2 Commercial/Manufacturing District See within subheading: R-2
Accessory uses and structures 110-342 Medium Density Residential
Area and dimensions 110-345 District
Intent;applicability 110-340 R-3 Medium Density Residential
Landscaping, screening and parking 110-347 District 110-311 et seq.
Minimum setbacks 110-346 See within subheading: R-3
Parking and loading 110-349 Medium Density Residential
Performance standards 110-348 District
Principal uses and structures 110-341 Residential planned unit develop-
Prohibited uses and structures 110-344 ments
Special exceptions permissible by the Maximum density 110-437
board of adjustment 110-343 Reuse of area used for density calcula-
Camping equipment tion 110-253
Location of 110-551 Development districts
Camping equipment, boats and boat M-1 Light Industrial and Research
trailers,location of 110-551 and Development District 110-351 et seq.
Car wash 110-461 See within this subheading: M-1
Certificate of occupancy Light Industrial and
Hotels and motels 110-122 Research and Development
Required 110-121 District
Commercial districts Development plans
SC-i Low Density Commercial District 110-331 et seq.Residential planned unit develop-
See within subheading: C-1 Low ments 110-421 et seq.
Density Commercial District See within this subheading:
C-2 Commercial/Manufacturing Residential Planned Unit
District 110-340 et seq. Developments
See within this subheading: C-2 Development schedule
Commercial/Manufacturing Townhouses 110-379
District Development standards
Landscaping and screening between Residential planned unit develop-
commercial or industrial zoning ments 110-444
districts and residential zoning Dimensions
districts 110-566 C-1 Low Density Commercial District 110-336
Commercial uses M-1 Light Industrial and Research
Buildings required for 110-481 and Development District 110-356
Common recreation and open space Offstreet loading 110-507
Residential planned unit develop- R-1 Low Density Residential District 110-276
ments,minimum 110-404, 110- R-2 Medium Density Residential
438 District 110-296
Complaints of violations 110-90 R-3 Medium Density Residential
Conflicts with other ordinances 110-86 District 110-316
Conformity to plans, specifications, Townhouses 110-372
intendment uses and applications 110-91 Districts
Construction Annexations,zoning classification of 110-256
Swimming pools 110-581 Application of district requirements 110-249
Courts,minimum width of 110-473 Conformity 110-250
Dedication Conservation(CON)
Public easement 110-477 Accessory uses and structures ... 110-390
Public land 110-476 Area and dimensional standards. 110-392
Definitions 110-1 Intent 110-388
Density Minimum setbacks 110-393
SC-i Low Density Commercial District 110-331 et seq. Oak Lane 110-490.2
See within subheading: C-1 Low Off-street parking and access 110-394
Density Commercial District Principle uses and structures 110-389
Supp. No. 31 CDi:25
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Prohibited uses and structures 110-391 Height
Self-service storage facilities 110-459 District 110-251
Design Standards 110-459(a) Exceptions to Regulations 110-471
Operational requirements 110-459(b) Home based businesses
Dimension or areas reduction below Permitted home based businesses .. 110-521
minimum 110-254 Hotels and motels
Duplicate use of setbacks,open space, Certificate of occupancy 110-122
parking space 110-252 Individually platted lots
Lot and street requirements for Townhouses 110-377
structures 110-255 Industrial districts
Official zoning map Landscaping and screening between
Adopted 110-246 commercial or industrial zoning
Replacement 110-247 districts and residential zoning
Public recreation(PUB/REC) districts 110-566
Accessory uses and structures ... 110-382 M-1 Light Industrial and Research
Area and dimensions 110-385 and Development District 110-351 et seq.
Intent 110-380 See within this subheading: M-1
Minimum setbacks 110-386 Light Industrial and
Off-street parking and access 110-387 Research and Development
Principal uses and structures 110-381 District
Prohibited uses and structures 110-384 Intersections
Special exceptions permissible by Visibility at 110-469
the board of adjustment.... 110-383 Interpretation of provisions 110-87
Reconsideration of district boundary Land
changes 110-139 Continuance of nonconforming uses
Regulations for specific districts. See of 110-194
within specific districts as Landscaping and vegetation
indexed A1A Economic Opportunity Overlay
Reuse of area used for density calcula- District 110-683 et seq.
tions 110-253 See within this subheading:
Rules for interpretation of district Landscaping
boundaries 110-248 C-1 Low Density Commercial District 110-338
Structure,height,maximum use,lot C-2 Commercial/Manufacturing
area,setbacks 110-251 District 110-347
Unusual uses or uses not specifically Interior landscaping for offstreet park-
permitted 110-257 ing areas 110-567
Donation bins prohibited 110-490 Landscaping and screening between
Drainage systems commercial or industrial zoning
Residential planned unit develop- districts and residential zoning
ments 110-404 districts 110-566
Dune crossovers M-1 Light Industrial and Research
R-3 Medium Density Residential and Development District 110-358
District 110-320 Length of structures
Easements Residential planned unit develop-
Dedicated public easements 110-477 ments,maximum 110-440
Emergency pad-mounted generators... 110-484 Light industrial districts
Encroachments M-1 Light Industrial and Research
Setbacks 110-328 and Development District 110-351 et seq.
Fences,walls and hedges 110-470 See within this subheading: M-1
Floor area Light Industrial and
Residential planned unit develop- Research and Development
ments,minimum 110-441 District
Frontage Liquefied petroleum gas 110-485
Residential planned unit develop- Loading
ments 110-439 M-1 Light Industrial and Research
Garage sales 110-467 and Development District 110-360
Generators Location
Emergency pad-mounted generators 110-484 Offstreet loading 110-507
Supp. No. 31 CDi:26
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Recreational vehicles,camping equip- Continuance of nonconforming uses
ment,boats and boat trailers.. 110-551 of land 110-194
Spaces Intent;rules of interpretation;build-
Offstreet parking 110-492 ing and fire codes;definitions . 110-191
Swimming pools 110-581 Mobile home parks and single-family
Lots mobile home districts 110-192
Area Nonconforming lots of record 110-196
District 110-251 Nonconforming uses of structures or
Residential planned unit develop- of structures and premises in
ments 110-439 combination;change of use.... 110-195
Erection of more than one principal Repairs and maintenance 110-198
structure on 110-537 Special permit 110-200
Offstreet parking Temporary uses 110-199
Alternative sustainable green park- Number of spaces
ing lots 110-495 Offstreet parking 110-491
Requirements for structures 110-255 Oak Lane 110-490.2
Low density commercial district Official zoning map
C-1 Low Density Commercial District 110-331 et seq. Adopted 110-246
See within subheading: C-1 Low Replacement 110-247
Density Commercial District Offstreet loading
Low density residential district Location and dimensions of space 110-507
R-1 Low Residential District 110-271 et seq. Requirements spaces 110-506
See within subheading: R-1 Low Offstreet parking
Density Residential District Access 110-493
M-1 Light Industrial and Research and Administrative parking reductions 110-496
Development District Alternative sustainable green park-
Accessory uses and structures 110-353 ing lots 110-495
Area and dimensions 110-356 Bicycle parking 110-497
Intent;applicability 110-351 C-1 Low Density Commercial District 110-339
Landscaping,screening and parking 110-358 Dimensions 110-494
Minimum setbacks 110-357 Interior landscaping for offstreet park-
Parking and loading 110-360 ing areas 110-567
Performance standards 110-359 Location spaces 110-492
Principal uses and structures 110-352 Number of spaces required 110-491
Prohibited uses and structures 110-355 R-1 Low Density Residential District 110-278
Special exceptions permissible by R-2 Medium Density Residential
board of adjustment 110-354 District 110-298
Maximum use R-3 Medium Density Residential
District 110-251 District 110-318
Medium density residential district Residential planned unit develop-
R-2 Medium Density Residential ments 110-442
District 110-291 et seq. Townhouses 110-374
See within subheading: R-2 Open space
Medium Density Residential Duplicate use of 110-252
District Outside storage 110-457
R-3 Medium Density Residential Pain management clinic regulations 110-489
District 110-311 et seq. Parking
See within subheading: R-3 A1A Economic Opportunity Overlay
Medium Density Residential District 110-668 et seq.
District See within this subheading:Park-
Mobile food dispensing vehicles and ing
other mobile vendors C-1 Low Density Commercial District 110-338
Mobile food dispensing vehicles 110-584.1 C-2 Commercial/Manufacturing
Mobile home parks District 110-347, 110-
Nonconforming uses 110-192 349
Nonconformities Certain vehicles 110-554
Abandonment 110-197 M-1 Light Industrial and Research
Continuance of nonconforming and Development District 110-358, 110-
structures 110-193 360
Supp. No. 31 CDi:27
CAPE CANAVERAL CODE
•
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
R-3 Medium Density Residential Private roads and other related common
District facilities
Protection of public beach-end Residential planned unit develop-
parking 110-321 ments 110-404
Parking space Prohibited uses and structures
Duplicate use of 110-252 C-2 Commercial/Manufacturing
Paving of vehicular use area 110-555 District 110-344
Penalties for violations 110-89 M-1 Light Industrial and Research
and Development District 110-355
Performance standards R-1 Low Density Residential District 110-275
Application of 110-456 R-2 Medium Density Residential
M-1 Light Industrial and Research District 110-295
and Development District 110-359 R-3 Medium Density Residential
Permissible uses and structures District 110-315
R-1 Low Density Residential District 110-272 Public land
R-3 Medium Density Residential Dedicated 110-476
District 110-312 R-1 Low Density Residential District
Permits Accessory uses and structures 110-273
Application 110-107 Area and dimensions 110-276
Expiration 110-108 Intent 110-271
Required 110-106 Minimum setbacks 110-277
Offstreet parking and access 110-278
Temporary alcoholic beverage permits 110-172 Principal uses and structures 110-272
Permitted uses Prohibited uses and structures 110-275
Residential planned unit develop- Special exceptions permissible by
ments 110-403 board of adjustment 110-274
Townhouses 110-371 R-2 Medium Density Residential District 110-296
Physical review Accessory uses and structures 110-293
Residential planned unit develop- Area and dimension 110-296
ments 110-405 Intents 110-291
Planned developments Minimum setbacks 110-297
Building permit 110-725 Offstreet parking and access 110-298
Common open space, drainage Principal uses and structures 110-292
systems, and other related Prohibited uses and structures 110-295
common facilities 110-723 Special exceptions permissible by
Definitions 110-720 board of adjustment 110-294
Enforcement 110-727 R-3 Medium Density Residential District
Permitted uses 110-722 Accessory uses and structures 110-313
Physical review 110-724 Areas and dimensions 110-316
Planned development plans Assisted living facilities 110-488
Application procedures 110-740 Dune crossovers required 110-320
Concept plan 110-741 Intent 110-311
Land use plan 110-742 Minimum breeze requirement 110-319
Minimum setbacks 110-317
Site/construction plan 110-743 Offstreet parking and access 110-318
Purpose and intent 110-721 Principal uses and structures 110-312
Revocation 110-726 Prohibited uses and structures 110-315
Planning and zoning board 110-3 Protection of public beach-end park-
Preservation ing 110-321
Residential planned unit develop- Special exception permissible by board
ments 110-445 of adjustment 110-314
Principal uses and structures Recreational vehicles
C-1 Low Density Commercial District 110-332 Location of 110-551
C-2 Commercial/Manufacturing Regulations pertaining to specific
District 110-341 districts. See within specific
M-1 Light Industrial and Research districts as indexed
and Development District 110-352 Rental restrictions on dwelling units.. 110-487
R-2 Medium Density Residential Repairs and maintenance
District 110-292 Nonconformities 110-198
Supp. No. 31 CDi:28
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Research and development districts Screening
M-1 Light Industrial and Research C-1 Low Density Commercial District 110-338
and Development District 110-351 et seq. C-2 Commercial/Manufacturing
See within this subheading: M-1 District 110-347
Light Industrial and Commercial or industrial districts 110-566
Research and Development M-1 Light Industrial and Research
District and Development District 110-358
Residential districts Self-service storage facilities 110-459
R-1 Low Density Residential District 110-271 et seq. Setbacks
See within subheading: R-1 Low Building setback lines 110-536
Density Residential District C-1 Low Density Commercial District,
R-2 Medium Density Residential minimum setbacks 110-337
District 110-291 et seq. C-2 Commercial/Manufacturing
See within subheading: R-2 District 110-346
Medium Density Residential District 110-251
District Duplicate use of 110-252
R-3 Medium Density Residential Encroachments 110-538
District 110-311 et seq. Erection of more than one principal
See within subheading: R-3 structure on lot 110-537
Medium Density Residential M-1 Light Industrial and Research
District and Development District 110-357
Residential planned unit developments R-1 Low Density Residential District,
Bonding 110-407 minimum setbacks 110-277
Building permit 110-406 R-2 Medium Density Residential
Common open space, drainage District 110-297
systems,private roads and other
related common facilities 110-404 R-3 Medium Density Residential
Development plans District,minimum setbacks... 110-317
Application 110-421 Residential planned unit develop-
Procedure for approval of final ments 110-439
development plan 110-423 Swimming pools,minimum 110-584
Townhouses,minimum setbacks 110-373
Procedure for receiving approval
of preliminary development Sewage disposal 110-479
plan and tentative zoning .. 110-422 Shopping centers and retail stores using
Enforcement 110-409 outside display 110-458
Land use regulations Sidewalks
Development.standards 110-444 Required 110-475
Maximum density 110-437 Signs 94-64(a)
Maximum length of structures... 110-440 Single-family mobile home districts
Minimum common recreation and Nonconformities 110-192
open space 110-438 Single-family residential second kitchen
Minimum floor area 110-441 facility 110-462
Minimum lot area; frontage; Site plans
setbacks;accessory uses.... 110-439 Expiration 110-224
Minimum size 110-436 Requirements and review criteria .. 110-222
Offstreet parking 110-442 Review procedures 110-223
Preservation of trees 110-445 Submittal and review required 110-221
Underground utilities 110-443 Special exceptions
Permitted uses 110-403 Alcoholic beverages
Physical review 110-405 Establishment serving alcoholic
Purpose and intent 110-402 beverages 110-171
Termination zone 110-408 Temporary alcoholic beverage
Residential use antennas 110-478 permits 110-172
Rezoning.See herein:Variances,Special Structures and uses approved by
Exceptions,Rezonings,Administra- special exception 110-161
tive Appeals Variances,special exceptions,rezon-
Satellite dishes 110 478 ings, administrative appeals.
Schedule of fees, charges and expenses 110-92 See herein that subject
Supp. No. 31 CDi:29
CAPE CANAVERAL CODE
0
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Special exceptions permissible by board Inspections 110-486(f)
of adjustment Maximum overnight occupancy 110-486(d)
C-1 Low Density Commercial District 110-334 Posting of safety and information
M-1 Light Industrial and Research notice 110-486(e)
and Development District 110-354 Registration 110-486(c)
R-1 Low Density Residential District 110-274 Vacation resort campus 110-490.1
R-2 Medium Density Residential Variances, special exceptions, rezon-
District 110-294 ings, administrative appeals;
R-3 Medium Density Residential procedures
District 110-314 Abandonment 110-32
Storing Administrative appeals 110-40
Certain vehicles 110-554 Appellate review 110-33
Streets Applications 110-29
Requirements for structures 110-255 Attendance required at public hear-
Structures. See within subheading: ings;postponement of hearings 110-30.1
Buildings
Swimming pools Authority 110-27
Accessories 110-583 Due process 110-28
Barriers 110-582 Expiration of variance or special
Construction and location 110-581 exception;abandonment 110-32
Minimum setbacks 110-584 Intent and purpose 110-26
Temporary uses Reconsideration 110-31
Nonconformities 110-199 Rezonings
Termination zone Procedure 110-35
Residential planned unit develop- Rezoning applicant obligations 110-34
ments 110-408 Special exception
Towers Applicant obligations 110-38
Wireless communications 110-483 Procedure 110-39
Townhouses Special notice requirements 110-28
Area and dimensions 110-372 Staff review;application deficiencies 110-30
Building permit 110-378 Variances
Development schedule 110-379 Applicant obligations 110-36
Individually platted lots 110-377 Procedure 110-37
Minimum setbacks 110-373 Vegetation. See within this subhead-
Offstreet parking 110-374 ing:Landscaping or Vegetation
Permitted use 110-371
Utilities 110-375 Vehicles and vessels
Underground utilities Living aboard boats 110-552
Residential planned unit develop- Living or residing in boats, utility
ments 110-443 trailers, recreational vehicles
Required 110-482 and special purpose vehicles .. 110-553
Unusual uses or uses not specifically Location of recreational vehicles,
permitted 110-257 camping equipment, boats and
Uses boat trailers 110-551
Approved by special exceptions 110-161 Parking and storage of certain
Utilities vehicles 110-554
Townhouses 110-375 Paving of vehicular use areas 110-555
Underground,required 110-482 Vehicle rental facility 110-556
Vacation rentals 110-486 Vehicular use areas,paving of 110-555
Authority,scope and purpose 110-486(a) Vessels. See within this subheading:
Commercial use of property; Vehicles and Vessels
entertainment venue prohibited 110-486(i) Veterinary hospital 110-460
Compliance with codes;enforcement; Visibility at intersections 110-469
penalties 110-486(j) Water areas 110-474
Definitions 110-486(b) Width
Duties of vacation rental owner to be Courts,minimum width of 110-473
available 110-486(g) Wireless communications towers and
Independently renting rooms antennas 110-483
prohibited 110-486(h) Zoning districts. See herein: Zoning
Supp. No. 31 CDi:30
CODE INDEX
Section Section
LANDSCAPING LICENSES AND PERMITS(Cont'd.)
Appearance and maintenance 34-99 Concurrency management system 86-1 et seq.
Land development code regulations re See:LAND DEVELOPMENT CODE
zoning 110-26 et seq. Construction site stormwater runoff control
See:LAND DEVELOPMENT CODE Permits 90-201
Landscape irrigation Excavations
Applicability;purpose and intent 91-2 Street excavation permit requirements 66-81 et seq.
Definitions 91-1 Fees schedule in general. See: FEES
Enforcement and penalties 91-7 (Appendix B)
Exceptions to landscape irrigation Fireworks permit(public display) 38-82 et seq.
schedules 91-4 Floodplain management 90-26 et seq.
Landscape irrigation schedules 91-3 See:LAND DEVELOPMENT CODE
Required irrigation system technology 91-5 Land development code regulations re
Variance from specific day of the week zoning 110-26 et seq.
limitations 91-6 See:LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq. Land development code;zoning
See: SEWERS AND SEWAGE Nonconformities
DISPOSAL Special permit 110-200
Tree protection,land clearing 102-36 et seq. Motion and still photography production
See:LAND DEVELOPMENT CODE permits 16-60 et seq.
LAW ENFORCEMENT See:PHOTOGRAPHY
Alarm systems generally 30-26 et seq. Outdoor entertainment events 10-61 et seq.
See:ALARM SYSTEMS See: OUTDOOR ENTERTAINMENT
Impact fees generally 2-231 et seq. EVENTS
See:IMPACT FEES Sewer impact fee requirements 78-125
Police department 42-26 Sexually oriented business license 10-93 et seq.
Signs
LEASES Land development code regulations 94-1 et seq.
Certain ordinances not affected by Code 1-10(a)(2) See:LAND DEVELOPMENT CODE
City attorney Solicitors,peddlers and itinerant merchants
Duties 2-126(6) permit requirement 16-51 et seq.
Motor vehicles and traffic See: PEDDLERS, CANVASSERS AND
Parking,stopping and standing SOLICITORS
Parking on city owned or leased Street excavation permit requirements 66-81 et seq.
property 74-56.6 See: STREETS, SIDEWALKS AND
LIBRARY OTHER PUBLIC WAYS
Established 46-1 Temporary storage units(permit) 82-400
Fees schedule in general. See: FEES Tree protection,land clearing 102-39, 102-40
(Appendix B) Vehicles for hire
Impact fees generally 2-231 et seq. Certificate of public convenience and
See:IMPACT FEES necessity license 80-26 et seq.
Library board Driver's permit 80-51 et seq.
Created 46-26 Licenses and fees to be in addition to
other taxes and charges 80-3
LICENSES AND PERMITS Vested rights 115-3 et seq.
Adult entertainment establishment license 10-93 et seq.See:VESTED RIGHTS
Alarm systems 30-27 et seq. Wastewater discharge permits 78-98
See:ALARM SYSTEMS
Building sewers LIENS
Permit for connections 78-77 Abandoned property
Buildings and building regulations 82-1 et seq. Collection of lien on private property re
See:LAND DEVELOPMENT CODE towing,storage,expenses 34-188
Community appearance review board Code enforcement
Permits Code lien satisfactions
Appeals and review 22-46 Application for satisfaction, release,
Application criteria 22-44 or reduction, of code enforce-
Approval prerequisite for permits 22-40 ment liens 2-260
Building permits;enforcement 22-47 Criminal nuisance abatement board
Notice of approval or denial 22-43 Penalties;fines;liens;recording.... 2-297
Supp. No. 31 CDi:31
CAPE CANAVERAL CODE
0
Section Section
LIFE SAFETY CODE. See:FIRE PREVEN- LITTER AND LITTERING(Cont'd.)
TION Vehicles
LIGHT INDUSTRIAL DISTRICT Litter throwing by persons in vehicle 34-33
Wetlands protection 106-26 et seq.
Land development code regulations re See:LAND DEVELOPMENT CODE
zoning 110-26 et seq.
See:LAND DEVELOPMENT CODE LOADING AND UNLOADING
Offstreet loading
LIGHTS AND LIGHTING
Definitions 34-206 Land development code regulations re
zoning 110-26 et seq.
Exceptions 34-210
Method of measurement 34-211 See:LAND DEVELOPMENT CODE
Out of repair vehicles
Policy established 34-207 Noises,enumeration of prohibited 34-153(7)
Sea turtles
Publicly owned lighting regulations... 14-57 LOADS
Signs 94-63 Truck loads causing litter 34-34
Solid waste
Transporting regulations 62-7 LOCAL IMPROVEMENTS. See: PUBLIC
Spill-over lighting standards established 34-209 WORKS AND IMPROVEMENTS
Vehicles for hire 80-76(c) LOCAL PLANNING AGENCY
LIQUEFIED PETROLEUM GAS Designation and establishment 58-56 et seq.
Land development code See:PLANNING AND DEVELOPMENT
Zoning;liquefied petroleum gas 110-485 LOTS
Public service tax 70-26 et seq.
See:TAXATION Land development code regulations re
zoning 110-26 et seq.
LITTER AND LITTERING See:LAND DEVELOPMENT CODE
Abatement;assessment 34-43 Subdivisions
Aircraft,dropping from 34-35 Land development code regulations ... 98-1 et seq.
Burial of trash,rubbish or other debris 34-41 See:LAND DEVELOPMENT CODE
Definitions 34-26 LOUDSPEAKERS
Enforcement 34-42 Noises,enumeration of prohibited 34-153(3)
Gutters,sweeping into prohibited 34-31
Handbills
Depositing on uninhabited or vacant M
premises 34-53
Distribution prohibited where property MALT BEVERAGES. See: ALCOHOLIC
posted 34-54 BEVERAGES
Inhabited private premises, distribu- MANUFACTURED GAS
tion at 34-55 Public service tax 70-26 et seq.
Throwing or distributing in public places 34-51 See:TAXATION
Vehicles,placing on 34-52
Merchant's MAPS. See:SURVEYS,MAPS AND PLATS
Duty to keep sidewalks free of litter 34-32 MARQUEES
Occupied private property,depositing on 34-37
Owner's maintenance of premises 34-38 Signs
Parks and recreation Land development code regulations ... 94-1 et seq.
Pollution and litter 54-9 See:LAND DEVELOPMENT CODE
Posting notices prohibited 34-40 MAYOR
Property maintenance standards 34-91 et seq. City manager
See: PROPERTY MAINTENANCE Powers and duties 2-101(3)
STANDARDS Civil emergencies generally 18-1 et seq.
Public places,litter in 34-29 See: CIVIL EMERGENCIES
Receptacles,placement in 34-30 Persons authorized to declare 18-2
River or other body of water, throwing in 34-36
Sidewalks MEDICAL SERVICES
Merchant's duty to keep sidewalks free Fire protection services;emergency medi-
of litter 34-32 cal services 38-56
Truck loads 34-34 Land development code
Unlawful deposit 34-28 Zoning
Vacant lots,depositing on 34-39 Pain management clinic regulations 110-489
Supp. No. 31 CDi:32
CODE INDEX
Section Section
MERCHANTS.See:PEDDLERS,CANVASS- MOTOR VEHICLES AND TRAFFIC(Cont'd)
ERS AND SOLICITORS Restrictions 74-79
METERS Use of golf carts on designated roadways 74-77
Handbills
Franchise regulations in general. See: Placing in vehicles 34-52
FRANCHISES(Appendix A) Land development code regulations re
Outdoor entertainment events zoning 110-26 et seq.
Permit;metered parking 10-72 See:LAND DEVELOPMENT CODE
Taximeters 80-76(f) Litter
MINORS Throwing by person in vehicles 34-33
Fireworks Maps
Operator regulations 38-85 Truck routes 74-31
Sexually oriented businesses, adult No parking zone,authority to establish 74-58
entertainment establishments 10-86 et seq. Noises
Unlawful provisions re minors 10-122 Exhausts 34-153(6)
Horns,signal devices 34-153(1)
MOBILE HOMES AND MOBILE HOME Out of repair vehicles 34-153(7)
PARKS Out of repair vehicles
Floodplain management 90-26 et seq. Noises,enumeration of prohibited 34-153(7)
See:LAND DEVELOPMENT CODE Overnight parking 74-61
Land development code regulations re Parking,stopping and standing
zoning 110-26 et seq. County's civil traffic infraction hearing
See:LAND DEVELOPMENT CODE officer program adopted 74-63
Land development code;zoning Dune parking prohibited 74-59
Nonconformities Fire lanes,designation of 74-62
Mobile home parks and single-family No parking zones,authority to establish 74-58
mobile home districts 110-192 Overnight parking 74-61
MONIES OF CITY. See:FINANCES Parking on city owned or leased property 74-56.6
Penalties 74-57
MONTHS Prohibited in rights-of-way 74-56.5
Definitions and rules of construction 1-2 State law adopted 74-56
Public service tax,monthly computation. 70-34 Truck parking 74-60
Parks and recreation;traffic 54-8
MONUMENTS AND MARKERS Signs
Subdivisions Land development code regulations 94-1 et seq.
Land development code regulations ... 98-1 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Truck routes 74-32
MOTOR VEHICLES AND TRAFFIC Solicitors,peddlers and itinerant merchants 16-26 et seq.
Alcoholic beverages See: PEDDLERS, CANVASSERS AND
Motor vehicle regulations 6-51 et seq. SOLICITORS
See:ALCOHOLIC BEVERAGES Solid waste
Concurrency management system 86-1 et seq. Transporting regulations 62-7
See: MOTOR VEHICLES AND TRAF- Stopping and standing. See herein:Park-
FIC ing,Stopping and Standing
Dune parking prohibited 74-59 Through streets,parking,etc.
Exhaust Certain ordinances not affected by Code 1-10(a)(8)
Noises,enumeration of prohibited 34-153(6) Travel on other than streets or highways 74-1
Fire lanes Trucks
Designation of 74-62 Applicability of provisions 74-27
Golf carts and low-speed vehicles on roads, Definitions 74-26
operation of Exceptions 74-29
Enforcement 74-84 Parking 74-60
Inspection and registration of golf carts Penalties 74-28
required 74-81 Truck loads 34-34
Insurance required 74-82 Truck routes
Intent;definitions 74-76 Established 74-30
Licensed use; revocable; claims Inside origin 74-30(2)
prohibited and waived 74-78 Maps of truck routes 74-31
Low-speed vehicles 74-83 Outside origin 74-30(1)
Required minimum equipment 74-80 Signs for truck routes 74-32
Supp. No. 31 CDi:32.1
CAPE CANAVERAL CODE
Section Section
MOTOR VEHICLES AND TRAFFIC(Cont'd)
Vehicles for hire 80-1 et seq.
See:VEHICLES FOR HIRE
MOTORBOATS. See:BOATS,DOCKS AND
WATERWAYS
MUFFLERS
Noises,enumeration of prohibited 34-153(6)
MUSICAL INSTRUMENTS
Noises,enumeration of prohibited 34-153(2)
N
NATURAL DISASTERS. See: CIVIL
EMERGENCIES
NATURAL GAS
Public service tax 70-26 et seq.
See:TAXATION
NOISE
Construction noise 34-154
Declaration of policy to prohibit noise 34-151
Supp. No. 31 CDi:32.2
CODE INDEX
Section Section
PARKS AND RECREATION(Cont'd.) PEDDLERS, CANVASSERS AND SOLICI-
Injuring, interfering with, etc., buildings TORS(Cont'd.)
and other property 54-20 Exhibition of permit on request 16-58
Interference with personnel/park opera- Investigation; denial or issuance of;
tions 54-21 record 16-53
Litter Notice of hearing 16-55
Throwing in river or other body of Required 16-51
water in parks 34-36 Revocation 16-54
Noise and other conduct 54-18 Report of violations 16-31
Peddling/distribution of materials 54-19 Solicitor to leave when requested 16-29
Pollution and litter 54-9
Procedures for naming of city parks PENALTIES. See: FINES, FORFEITURES
Assistance petitions 54-2(e) AND OTHER PENALTIES
Generally 54-2(b) PERSON
Intent and purpose;findings 54-2(a) Definitions and rules of construction 1-2
Minimum community support for
assistance petitions 54-2(f) PERSONNEL. See: OFFICERS AND
Naming guidelines 54-2(c) EMPLOYEES
Other factors 54-2(d) PHONOGRAPHS
Promulgation of rules;city fees;preexist-
ing rules;conflicts with rules;enforce- Noises,enumeration of prohibited 34-153(2)
ment and penalties PHOTOGRAPHY
Conflicts with rules 54-24(h) Motion and still photography production
Enforcement,generally 54-24(i) permits
Fees 54-24(f) Application for permit 16-66
Initiation of code enforcement 54-24(j) City manager to act as agent for city.. 16-64
Penalties 54-24(k) Definitions 16-63
Preexisting rules 54-24(g) Nonexemption from other city Code
Recreational fires,generally 50-5 requirements 16-67
Recreational fires in city parks 54-16 purposes 16-61
Removal of natural resources 54-10 Recovery of costs for extraordinary
Sleeping and camping 54-17 services 16-68
Street excavations 66-61 et seq. Required 16-65
See: STREETS, SIDEWALKS AND Suspension and revocation 16-65
OTHER PUBLIC WAYS Title 16-60
Suspension of use of city park 54-25 Violations and penalties 16-65
Traffic 54-8
Trespass 54-15 PIPE LINES
Vessels regulated 54-46 et seq. Franchise regulations in general. See:
See: BOATS, DOCKS AND FRANCHISES (Appendix A)
WATERWAYS
Wetlands protection 106-26 et seq. PLANNED UNIT DEVELOPMENTS
See:LAND DEVELOPMENT CODE Land development code regulations re
zoning 110-26 et seq.
PARTNERSHIPS See:LAND DEVELOPMENT CODE
Persons;definitions and rules of construc-
tion extended and applied to 1-2 PLANNING AND DEVELOPMENT
Business and cultural development board 22-26 et seq.
PEDDLERS, CANVASSERS AND SOLICI- Community appearance review board.... 22-36 et seq.
TORS Comprehensive plan
Definitions 16-26 Designation of agency,department,com-
Fraud 16-30 mittee or person to prepare 58-58
Harassment prohibited 16-28 Floodplain management 90-26 et seq.
Parks and recreation See:LAND DEVELOPMENT CODE
Commercial solicitation 54-4 Franchise regulations in general. See:
Peddling/distribution of materials 54-19 FRANCHISES (Appendix A)
Permission to enter premises required 6-27 Impact fees generally 2-231 et seq.
Permit See: IMPACT FEES
Appeals 16-56 Land development code regulations re
Application 16-52 zoning 110-26 et seq.
Badge for solicitors 16-57 See:LAND DEVELOPMENT CODE
Supp. No. 31 CDi:35
CAPE CANAVERAL CODE
0
Section Section
PLANNING AND DEVELOPMENT(Cont'd.) POLICE DEPARTMENT(Cont'd.)
Local planning agency Vehicles for hire
Designation and establishment 58-56 Receiving police radio calls prohibited;
Designation of agency,department,corn- radios which may be used 80-81
mittee or person to prepare
comprehensive plan 58-58 POLITICAL SIGNS
Duties and responsibilities 58-57 Signs
Notice requirement for amendments to Land development code regulations ... 94-1 et seq.
future land use map 58-1 See:LAND DEVELOPMENT CODE
Plan checking fee
PROCEEDINGS.See:SUITS,ACTIONS AND
Fees schedule in general. See: FEES
(Appendix B) OTHER PROCEEDINGS
Planning and zoning board 110-3 PROFESSIONS
See:LAND DEVELOPMENT CODE Local business tax 70-66 et seq.
Sanitary sewer system 78-26 et seq. See:TAXATION
See: SEWERS AND SEWAGE
DISPOSAL PROPERTY
Signs Abandoned property generally 34-180 et seq.
Land development code regulations ... 94-1 et seq. See:ABANDONED PROPERTY
See:LAND DEVELOPMENT CODE Code enforcement
Street excavations 66-61 et seq. Authorization to enter upon property.. 2-246
See: STREETS, SIDEWALKS AND Criminal nuisance abatement board 2-292 et seq.
OTHER PUBLIC WAYS See: CODE ENFORCEMENT
Subdivisions Eminent domain powers re economic
Land development code regulations ... 98-1 et seq. development 2-70
See:LAND DEVELOPMENT CODE Land development code
Tree protection,land clearing 102-36 et seq. Zoning
See:LAND DEVELOPMENT CODE Vacation rentals 110-486
Vested rights 115-1 et seq. Commercial use of property; 410
See:VESTED RIGHTS entertainment venue
PLANT LIFE. See: WEEDS AND DEAD prohibited 110-486(i)
VEGETATION Motor vehicles and traffic
Parking,stopping and standing
PLATS.See:SURVEYS,MAPS AND PLATS Parking on city owned or leased
property 74-56.6
PLUMBING Numbering of buildings and property 82-366 et seq.
Fees schedule in general. See: FEES See:LAND DEVELOPMENT CODE
(Appendix B) Outdoor entertainment events
Floodplain management 90-26 et seq. Permit; closure or gating of public
See:LAND DEVELOPMENT CODE property and streets 10-64
Public service tax 70-26 et seq. Parks and recreation
See:TAXATION Injuring, interfering with, etc., build-
Sanitary sewer system 78-26 et seq. ings and other property 54-20
See: SEWERS AND SEWAGE Property maintenance code 82-221 et seq.
DISPOSAL Buildings and building regulations.See:
Maintenance of plumbing system 78-35 LAND DEVELOPMENT CODE
POLES AND WIRES Registration and maintenance of proper-
Signs ties in foreclosure
Land development code regulations 94-1 et seq. Additional authority of enforcement
See:LAND DEVELOPMENT CODE officers;immunity 82-123
Definitions 82-117
POLICE DEPARTMENT Enforcement;penalties 82-124
Court costs for police education and train- Maintenance requirements 82-121
ing 50-3 Mortgagee inspection requirements ... 82-120
Fees schedule in general. See: FEES Purpose and intent 82-116
(Appendix B) Registration fees 82-119
Police department Registration requirements 82-118
Duties of chief of police and/or precinct Security requirements 82-122
supervisor 42-26 Supplemental authority 82-125
Supp. No. 31 CDi:36
CODE INDEX
Section Section
PROPERTY(Cont'd.) PUBLIC WORKS AND IMPROVEMENTS
Signs (Cont'd.)
Land development code regulations 94-1 et seq. Franchise regulations in general. See:
See:LAND DEVELOPMENT CODE FRANCHISES(Appendix A)
Sleeping and camping in public areas and Land development code regulations re
beaches 50-4 zoning 110-26 et seq.
Vested rights 115-1 et seq. See:LAND DEVELOPMENT CODE
See:VESTED RIGHTS Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT
PROPERTY MAINTENANCE STANDARDS Public service tax generally 70-26 et seq.
Authority 34-92 See:TAXATION
Building appearance and maintenance 34-98 Signs
Definitions 34-91 Land development code regulations ... 94-1 et seq.
Duties and responsibilities for maintenance 34-97 See:LAND DEVELOPMENT CODE
Enforcement 34-95 Street excavations 66-61 et seq.
Landscape appearance and maintenance. 34-99 See: STREETS, SIDEWALKS AND
Purpose 34-94 OTHER PUBLIC WAYS
Registration and maintenance of proper- Subdivisions
ties in foreclosure 82-116 et seq. Land development code regulations ... 98-1 et seq.
See:PROPERTY See:LAND DEVELOPMENT CODE
Scope 34-93 Weeds and vegetation 34-121 et seq.
Sign appearance and maintenance 34-100 See: WEEDS AND DEAD VEGETA-
Standards established 34-96 TION
PROPERTY MANAGEMENT Wetlands protection 106-26 et seq.
Personal property control See:LAND DEVELOPMENT CODE
Definitions 2-207(a) PURCHASES AND PURCHASING
Property acquisition 2-207(d) Availability of funds 2-225
Property supervision and control 2-207(c) Award to other than low bidder 2-218(7)
Record and inventory of property 2-207(b) Bid deposits 2-218(3)
Recording the disposal of property .... 2-207(f) Bid opening 2-218(4)
Surplus property disposition 2-207(e) Blanket purchase orders 2-224
Valuation of property 2-207(g) City bidders list 2-218(2)
PUBLIC NUDITY. See:NUDITY Cooperative purchasing 2-222
Definitions 2-216
PUBLIC RECORDS. See: RECORDS AND Emergency purchase 2-221
REPORTS Franchise regulations in general. See:
FRANCHISES(Appendix A)
PUBLIC SERVICE TAX Ineligible contractors 2-218(6)
Generally 70-26 et seq. Notice 2-218(1)
See:TAXATION
Open market purchase procedures 2-219
PUBLIC SEWERS. See: SEWERS AND Performance bond 2-218(9)
SEWAGE DISPOSAL Personal property control
Property acquisition 2-207(d)
PUBLIC THOROUGHFARES. See: Property supervision and control 2-207(c)
STREETS,SIDEWALKS AND OTHER Recording disposal of property 2-207(f)
PUBLIC WAYS Surplus property disposition 2-207(e)
PUBLIC VEHICLES Procedure 2-218
Prohibition of interest
Vehicles for hire 80-1 et seq.
See:VEHICLES FOR HIRE Financial interest 2-226(a)
Gifts and rebates 2-226(b)
PUBLIC WAYS.See:STREETS,SIDEWALKS Purpose 2-217
AND OTHER PUBLIC WAYS Rejection of bids 2-218(5)
Sole source 2-220
PUBLIC WORKS AND IMPROVEMENTS Subdivision,prohibition against 2-223
Certain ordinances not affected by Code . 1-10(a)(11) Tie bids 2-218(8)
Concurrency management 86-1 et seq. Utilities service
See:LAND DEVELOPMENT CODE Purchase of 70-33
Floodplain management 90-26 et seq. Without collecting public service tax,
See:LAND DEVELOPMENT CODE purchase of 70-37
Supp. No. 31 CDi:37
CAPE CANAVERAL CODE
4110
Section Section
PYROTECHNICS. See:FIREWORKS RESIDENTIAL DISTRICTS
Land development code regulations re
R zoning 110-26 et seq.
See:LAND DEVELOPMENT CODE
RADIOLOGICAL WASTE. See: SOLID Signs 94-96 et seq.
WASTE Solid waste
RADIOS Fees schedule in general. See: FEES
Noises,enumeration of prohibited 34-153(2) (Appendix B)
Vehicles for hire RESIDENTIAL PLANNED UNIT DEVELOP-
Receiving police radio calls prohibited; MENTS
radios which may be used 80-81 Land development code regulations re
RAILROADS AND TRAINS zoning 110-26 et seq.
See:LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A) REVENUES OF CITY. See:FINANCES
RECORDS AND REPORTS REZONING
City clerk Certain ordinances not affected by Code . 1-10(a)(9)
Duties 2-116(1)
Code enforcement RIGHTS
Criminal nuisance abatement board Certain ordinances not affected by Code . 1-10(a)(4)
Penalties;fines;liens;recording 2-297 Code does not affect prior rights established
Franchise regulations in general. See: or occurring 1-8
FRANCHISES (Appendix A) ROAD SIGNS
Land development code Land development code regulations 94-1 et seq.
Floods; floodplain management
Administration ROBBERY ALARMS.See:ALARM SYSTEMS
Duties and powers of the
Floodplain Administrator RUBBISH. See:SOLID WASTE
Floodplain management records 90-47
Zoning S
Nonconformities SALES
Nonconforming lots of record .... 110-196 Outdoor entertainment events
Sewers Permit; alcohol sales and consumption 10-62
Industrial or commercial wastewater Utility service without collection of public
monitoring reporting re discharges 78-100 service tax 70-40
Sexually oriented businesses, adult
entertainment establishments license SANITARY SEWER SYSTEM. See:SEWERS
Records,reports 10-105 AND SEWAGE DISPOSAL
Worker records 10-110
Solicitors,peddlers and itinerant merchants SCREENS AND SCREENING
Permit record 16-53 Land development code
Report of violations 16-31 Zoning
Subdivisions A1A Economic Opportunity Overlay
Land development code regulations 98-1 et seq.District
See:LAND DEVELOPMENT CODE Landscaping; required screening
Vehicles for hire for commercial parking facili-
Maintenance of records 80-85 ties 110-690
Report to accidents 80-88 Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
RECREATION. See: PARKS AND STANDARDS
RECREATION
SEA TURTLES. See:ANIMALS AND FOWL
RECYCLABLE MATERIALS
Residences 62-9(b) SEAL OF CITY
Solid waste generally 62-1 et seq. City clerk
See:SOLID WASTE Duties 2-116(1)
REFUSE. See:SOLID WASTE SEPTIC TANKS
Flood resistant development;tanks 90-98 et seq.
REGULAR MEETINGS See:LAND DEVELOPMENT CODE
City council 2-56 Sanitary sewer requirements 78-34
Supp. No. 31 CDi:38
CODE INDEX
Section Section
SERGEANT AT ARMS SEWERS AND SEWAGE DISPOSAL(Cont'd.)
City council 2-63 Industrial or commercial wastewater
SETBACKS monitoring and reporting ..... 78-100
Permission to use sewer system;
Land development code regulations re wastewater discharge permit.. 78-98
zoning 110-26 et seq. Prohibited wastes,control of 78-97
See:LAND DEVELOPMENT CODE Wastewater discharge permit 78-98
SEWERS AND SEWAGE DISPOSAL Emergency,termination of service in 78-58
Building sewers and connections. See Enforcement; authority; minimum
herein: Industrial and Commercial standards 78-53
Use Inspectors
Commercial use. See herein: Industrial Power and authority of 78-56
and Commercial Use Judicial remedies 78-61
Concurrency management 86-1 et seq. Public sewers,use of required 78-55
See:LAND DEVELOPMENT CODE Publication of significant violation 78-62
Connection with sewer Purpose 78-52
Late connection charge 78-28 Rates and charges
Required 78-27 Surcharge for abnormal strength
Unlawful connection 78-29 wastes 78-111
Deposit required 78-151 Right of refusal 78-57
Disposal 78-33 Land development code re floods
Failure to maintain plumbing system 78-36 Floodplain management;flood resistant
Fees schedule in general. See: FEES development
(Appendix B) Site improvements, utilities and
Free service 78-37 limitations
Impact fees Sanitary sewage facilities 90-83
Change of use 78-128 Land development code regulations re
Cost of living increase 78-129
Established 78-121 See:LAND DEVELOPMENT CODE
Excessive quantity of wastewater 78-123 Maintenance of plumbing system 78-35
Full payment required prior to issuance Monthly sewer rates 78-152
of certificate or license 78-125 Old plumbing,connecting 78-31
Generally 2-231 et seq. Payment of sewer charges required 7 8-153
See:IMPACT FEES Penalties 78-26
Offsite sewage plumbing 78-131 Private water supply
Payment 78-122 Sewer fees where owner has 78-154
Port Canaveral customers 78-130 Public service tax generally 70-26 et seq.
Use of funds 78-127 See:TAXATION
Industrial and commercial use Rates and charges
Administrative enforcement procedures 78-59 Monthly sewer rates 78-152
Administrative penalties 78-60 Payment of sewer charges required.... 78-153
Applicability of provisions 78-54 Sewer fees where owner has private
Building sewers and connections water supply 78-154
Connecting sources of surface runoff Sanitary requirements 78-32
or groundwater 78-84 Separate connection for each separate
Cost of installation;indemnification 78-78 building 78-38
Elevations 78-82 Septic tanks 78-34
Excavations 78-83 Sewer fees where owner has private water
Notice of inspection and connection 78-79
supply 78-154
Old building sewers 78-80
Subdivisions
Permit for connections Land development code regulations ... 98-1 et seq.
Application 78-77(b) See:I;AND DEVELOPMENT CODE
Required 78-77(a) Unlawful connection 78-29
Public sewers,connection to 78-85 Unlawful construction 78-30
Separate sewers for each building.. 78-76 Wastewater discharge permits 78-98
Specifications 78-81
Definitions 78-51 SEXUALLY ORIENTED BUSINESSES,
Discharges ADULT ENTERTAINMENT
Fees 78-99 ESTABLISHMENT
General prohibitions and limitations 78-96 Adult performance establishment 10-114
Supp. No. 31 CDi:39
CAPE CANAVERAL CODE
0
Section Section
SEXUALLY ORIENTED BUSINESSES, SEXUALLY ORIENTED BUSINESSES,
ADULT ENTERTAINMENT ADULT ENTERTAINMENT
ESTABLISHMENTS(Cont'd.) ESTABLISHMENTS (Cont'd.)
Alcoholic beverages establishments Sexual encounter businesses prohibited;
Nudity on premises where alcohol prohibited acts 10-129
served,consumed or stored 6-27 Sexually oriented businesses 10-112
Commercial bodily contact establishments 10-115 Short title 10-86
Prohibited;savings provision 10-127 Suspension,revocation proceedings 10-109
Commercial bodily contact;unlawful provi- Theater(adult) 10-113
sions 10-126 Worker records 10-110
Construction 10-88 SHOPPING CENTERS
Definitions 10-90
Engaging in prohibited activity Signs
Customers 10-117 Land development code regulations ... 94-1 et seq.
Workers;operators 10-118 See:LAND DEVELOPMENT CODE
Escort service 10-116 SHOUTING
Escorts,escort services 10-125 Noises,enumeration of prohibited 34-153(4)
Fees schedule in general. See: FEES
(Appendix B) SIDEWALKS. See:STREETS,SIDEWALKS
General requirements 10-111 AND OTHER PUBLIC WAYS
Hours of operation;unlawful provisions 10-124 SIGNS AND BILLBOARDS
Immunity from prosecution 10-130 Fees schedule in general. See: FEES
Land development code regulations re (Appendix B)
zoning 110-26 et seq. Handbills
See:LAND DEVELOPMENT CODE Litter regulations 34-51 et seq.
License See:LITTER
Annual license fee 10-103 Nonconforming signs 94-121 et seq.
Application;fee 10-95 See:LAND DEVELOPMENT CODE
Consent 10-980
Property maintenance standards
Contents of application 10-96 Sign appearance and maintenance.... 34-100
Contents of license, term, renewals, Sign regulations generally 94-1 et seq.
expiration, lapse, nonconforming See:LAND DEVELOPMENT CODE
establishments 10-104 Tree protection area signage. See: TREE
Continuing duty; false, misleading PROTECTION(Appendix A)
information 10-97 Truck routes,signs for 74-32
Investigation of applicant 10-99
Issuance or denial of license 10-100 SINGING
Operation without license 10-119 Noises, enumeration of prohibited 34-153(4)
Reapplication after denial 10-102
Reasons for denial of application of SITE PLANS
license 10-101 Fees schedule in general. See: FEES
Records,reports 10-105 (Appendix B)
Required 10-93 Land development code regulations re
Suspension,revocation of license 10-108 zoning 110-26 et seq.
Transfer of license 10-106 See: LAND DEVELOPMENT CODE
Local business tax receipts 10-128 SLEEPING
Location,distance requirements 110-352(7) Parks and recreation
Minors;unlawful provisions 10-122 Sleeping and camping 54-17
Name change (establishment) 10-107 Sleeping and camping in public areas and
Notice 10-91 beaches 50-4
Obscenity;indecent exposure unlawful... 10-89 SLOT MACHINES OR DEVICES
Offices,departments (other) ;responsibili-
ties 10-94 Definitions 10-201
Operation contrary to operational require- Exemption 10-203
ments 10-120 Prohibited 10-202
Purpose;intent 10-200
Penalties;remedies;relief 10-92
Purpose,findings,intent;incorporation of SOLICITORS. See:PEDDLERS,CANVASS-
whereas clauses 10-87 ERS AND SOLICITORS
Records;unlawful provisions 10-123
Restrooms,dressing rooms,use of 10-121
Supp. No. 31 CDi:40
CODE INDEX
Section Section
TAXATION(Cont'd.) TOWING
Generally 70-42 Abandoned property
Levied 70-29 Liability.of owner for towing, storage
Monthly computation 70-34 expenses 34-188
Payment 70-31 TOWNHOUSES
Payment of utilities service without
payment of tax 70-41 Land development code regulations re
Penalty 70-43 zoning 110-26 et seq.
Purchase of utilities service See:LAND DEVELOPMENT CODE
Generally 70-33 TOXIC WASTE. See: SOLID WASTE
Without collecting tax 70-37
Records 70-36 TRADES
Sale of utilities service without collec- Local business tax 70-66 et seq.
tion of tax 70-40 See:TAXATION
Sexually oriented businesses, adult TRAFFIC. See: MOTOR VEHICLES AND
entertainment establishments TRAFFIC
Local business tax receipts 10-128
Vehicles for hire TRASH. See: SOLID WASTE
Licenses and fees to be in addition to
other taxes and charges 80-3 TRAVEL EXPENSES. See:OFFICERS AND
EMPLOYEES
TAXICABS. See:VEHICLES FOR HIRE
TREASURER. See: CITY TREASURER
TECHNICAL CODES TREES AND SHRUBBERY
Building codes.See also:LAND DEVELOP-
MENT CODE Fees schedule in general. See: FEES
Building code 82-31 et seq. (Appendix B)
Coastal construction code 82-88 et seq. Impact fees generally 2-231 et seq.
Property maintenance code 82-221 et seq. See: IMPACT FEES
Unsafe building abatement code 82-56 et seq. Tree protection
Fire prevention code 38-26 et seq. Land clearing 102-36 et seq.
See:FIRE PREVENTION See:LAND DEVELOPMENT CODE
Florida Fire Prevention Code 38-26,38-27 Weeds and vegetation 34-121 et seq.
Life Safety Code 38-28,38-29 See: WEEDS AND DEAD VEGETA-
TION
TELEGRAPH SERVICES
Public service tax generally 70-26 et seq. TRUCKS
See:TAXATION Load regulations re litter 34-34
Parking 74-60
TELEPHONES Traffic regulations 74-26 et seq.
Automatic telephone direct dialing device; See: MOTOR VEHICLES AND TRAF-
digital alarm communicator system. 30-37 FIC
TELEVISIONS TURTLES
Noises, enumeration of prohibited 34-153(2) Sea turtles 14-51 et seq.
TENSE See:ANIMALS AND FOWL
Definitions and rules of construction 1-2
U
TIME
Computation of time UNSAFE BUILDINGS
Definitions and rules of construction 1-2 Unsafe building abatement code 82-56 et seq.
Buildings and building regulations.See:
TOPOGRAPHY LAND DEVELOPMENT CODE
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE UTILITIES
STANDARDS Floodplain management 90-26 et seq.
Subdivisions See:LAND DEVELOPMENT CODE
Land development code regulations ... 98-1 et seq. Franchise regulations in general. See:
See:LAND DEVELOPMENT CODE FRANCHISES (Appendix A)
Illicit discharge and connection 78-400 et seq.
TORNADOS See:STORMWATER DRAINAGE
Civil emergencies generally 18-1 et seq. Impact fees generally 2-231 et seq.
See: CIVIL EMERGENCIES See:IMPACT FEES
Supp. No. 31 CDi:45
CAPE CANAVERAL CODE
•
Section Section
UTILITIES(Cont'd.) VEHICLES FOR HIRE(Cont'd.)
Land development code regulations re Insurance 80-5
zoning 110-26 et seq. Licenses and fees to be in addition to other
See:LAND DEVELOPMENT CODE taxes and charges 80-3
Public service tax generally 70-26 et seq. Lost money or property 80-86
See:TAXATION Maintenance of records 80-85
Reclaimed water 78-176 et seq. Nonpaying passengers with paying pas-
See:WATER SUPPLY AND DISTRIBU- sengers,transporting of 80-80
TION Number of passengers carried 80-79
Sanitary sewer system 78-26 et seq. Police radio calls, receiving prohibited;
See: SEWERS AND SEWAGE radios which may be used 80-81
DISPOSAL Rates and charges
Service rate,deposits and billing procedures Charging rates in excess of established
Deposit required 78-151 rates 80-78
Monthly sewer rates 78-152 Schedule of 80-77
Payment of sewer charges required.... 78-153 Report of accidents 80-88
Sewer fees where owner has private Required equipment;standards
water supply 78-154 Compliance 80-76(a)
Stormwater drainage utility 78-275 et seq. General mechanical condition; cleanli-
Street excavations 66-61 et seq. ness;lighting 80-76(c)
See: STREETS, SIDEWALKS AND Letters,numbers required 80-76(e)
OTHER PUBLIC WAYS Mechanical inspection 80-76(d)
Wetlands protection 106-26 et seq. Substitution of equipment 80-76(g)
See:LAND DEVELOPMENT CODE Taximeters 80-76(f)
Vehicle type,capacity 80-76(b)
V Schedule rates and charges 80-77
Stands,depots,terminals and parking 80-82
VEGETATION. See: WEEDS AND DEAD
VEGETATION VESSELS. See: BOATS, DOCKS AND
4110
VEHICLES FOR HIRE WATERWAYS
Accidents VESTED RIGHTS
Report of 80-88 Application for vested rights determina-
Alcoholic beverages 80-87 tion 115-7
Certificate of public convenience and neces- Definitions 115-2
sity license Exhaustion of administrative remedies
Application 80-27 required 115-4
Approval 80-28 Issuance vested rights permit 115-12
Burden of proof 80-29 Judicial review 115-13
Required 80-26 Permit expiration;substantial deviations,
Suspension and revocation 80-31 etc 115-6
Transfer 80-32 Public hearing 115-11
Compliance with provisions 80-4 Purpose and intent 115-1
Cruising,soliciting business prohibited .. 80-83 Residential densities
Definitions 80-1
Driver's attendance to vehicles 80-84 Defimitions 115-15
Driver's permit Other multi-family/apartment develop-
Application 80-53 ment projects 115-17
Fees 80-55 Purpose and intent 115-14
Fees schedule in general. See: FEES Residential condominium or townhouse
(Appendix B) projects 115-16
Investigation;issuance,denial;posting 80-54 Review and recommendation by city
Penalty 80-52 attorney 115-8
Required 80-51 Standards for determining vested rights. 115-5
Surrender;revocation;suspension 80-57 Supplemental evidence 115-9
Transferability;term of validity 80-56 Vested rights agreements 115-10
Federal or state government Vested rights permits,effect 115-3
Application to vehicles, operators
regulated by 80-2 W
Fees schedule in general. See: FEES
(Appendix B) WASTEWATER
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CODE INDEX
Section Section
WASTEWATER (Cont'd.) WHISKEY.See:ALCOHOLIC BEVERAGES
Sewer impact fees WHISTLING
Excessive quantity of 78-123
Noises,enumeration of prohibited 34-153(4)
WATER SUPPLY AND DISTRIBUTION WINE. See:ALCOHOLIC BEVERAGES
Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE WRITES, WARRANTS AND OTHER
Floodplain management 90-26 et seq. PROCESSES
See:LAND DEVELOPMENT CODE Franchise regulations in general. See:
Impact fees generally 2-231 et seq. FRANCHISES (Appendix A)
See:IMPACT FEES
Public service tax generally 70-26 et seq. y
See:TAXATION
Reclaimed water YARD WASTE. See:SOLID WASTE
Connection to the system 78-177 YARDS AND OPEN SPACES
Definitions 78-176 Subdivisions
Installation and inspection of the Land development code regulations ... 98-1 et seq.
reclaimed water system See:LAND DEVELOPMENT CODE
Adoption of Chapter 62-610,F.A.C 78-200
Areas embraced 78-197 Weeds and vegetation 34-121 et seq.
Cross-connection control 78-198 See: WEEDS AND DEAD VEGETA-
Discontinuance of service 78-193 TION
Inspections 78-192 YELLING
Policies and regulations adopted; Noises,enumeration of prohibited 34-153(4)
compliance required 78-191
Public employees liability 78-196 Z
Special magistrate or code enforce-
ment board authority and viola- ZONING. See also:LAND DEVELOPMENT
tion liability 78-195 CODE
Unauthorized use 78-199 Amendments to map
Unlawful connections or practices 78-194 Certain ordinances not affected by Code 1-10(a)(9)
Reclaimed water uses 78-178 Fees schedule in general. See: FEES
Right to refuse service 78-181 (Appendix B)
Usage rates 78-180 Floodplain management 90-26 et seq.
Sanitary sewer system 78-26 et seq. See:LAND DEVELOPMENT CODE
See: SEWERS AND SEWAGE Land development code 110-1 et seq.
DISPOSAL See:LAND DEVELOPMENT CODE
Subdivisions Local planning agency 58-56 et seq.
Land development code regulations ... 98-1 et seq. See:PLANNING AND DEVELOPMENT
See:LAND DEVELOPMENT CODE Signs
Land development code regulations 94-1 et seq.
WATERWAYS, WATERCOURSES. See: See:LAND DEVELOPMENT CODE
BOATS,DOCKS AND WATERWAYS Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
WEEDS AND DEAD VEGETATION OTHER PUBLIC WAYS
Fees schedule in general. See: FEES Subdivisions
(Appendix B) Land development code regulations 98-1 et seq.
Fertilizer land application See:LAND DEVELOPMENT CODE
Management of grass clippings and Plats and lot splits
vegetative matter 92-10 Division of land;review and approval
Intent 34-121 required;zoning 98-31
Notice to remedy nuisance 34-123 Weeds and vegetation 34-121 et seq.
Public nuisance prohibited 34-122 See: WEEDS AND DEAD VEGETA-
Records 34-127 TION
Remedies by city 34-126 Wetlands protection 106-26 et seq.
Tree protection, land clearing 102-36 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE
WETLANDS PROTECTION
Specific regulations 106-26 et seq.
See:LAND DEVELOPMENT CODE
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