HomeMy WebLinkAboutSupplement 32SUPPLEMENT NO. 32
October 2023
CODE OF ORDINANCES
City of
CAPE CANAVERAL, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this time
through:
Ordinance No. 07-2023, adopted June 20, 2023.
See the Code Comparative Table for further information.
Included in the Charter is:
Ordinance No. 05-2022, adopted June 21, 2022.
See the Charter Comparative Table for further information.
Remove Old Pages Insert New Pages
xi—xix xi—xix
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:3, SH:4 SH:3, SH:4
CHT:3—CHT:6 CHT:3—CHT:6.1
CHTCT:3 CHTCT:3
CD22:1 CD22:1
CD22:3—CD22:10 CD22:3—CD22:10
CD26:3, CD26:4 CD26:3, CD26:4
CD74:1 CD74:1
CD74:7—CD74:11 CD74:7—CD74:12
CD82:1, CD82:2 CD82:1, CD82:2
CD82:7—CD82:16 CD82:7—CD82:15
CD90:3—CD90:6 CD90:3—CD90:6.1
CD90:13—CD90:26 CD90:13—CD90:26
CD94:1—CD94:24 CD94:1—CD94:25
CD 102:1 CD 102:1
CD 102:7—CD 102:10.1 CD 102:7—CD 102:10.2
CDA:57—CDA:64 CDA:57—CDA:61
CDA:63, CDA:64
CDB:6.1—CDB:10 CDB:7—CDB:10.1
CDB:17—CDB:19 CDB:17—CDB:19
Remove Old Pages
CCT:31
SLT:1—SLT:4
CDi:3, CDi:4
CDi:7, CDi:8
CDi:14.1—CDi:22
CDi:32.1, CDi:32.2
CDi:39—CDi:44
INSTRUCTION SHEET—Cont'd.
Insert New Pages
CCT:31
SLT:1—SLT:4
CDi:3, CDi:4
CDi:7—CDi:8.1
CDi:15—CDi:22.1
CDi:32.1, CDi:32.2
CDi:39—CDi:44.1
Insert and maintain this instruction sheet in front of this publication. File removed
pages for reference.
municode
POWERED BY CMCPLUS
info@municode.com 1800.262.2633 I www.municode.com
P.O. Box 2235 Tallahassee, FL 32316
•
•
•
•
•
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. 32 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. 32 xii
•
•
•
•
•
•
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. III. Motion and Still Photography Production
Permits CD16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Business and Economic Development Board CD22:3
Art. III. Community Appearance Review CD22:4
Art. IV. Community Redevelopment CD22:9
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:6
Div. 3. Reserved CD34:6
Art. III. Property Maintenance Standards CD34:7
Art. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35. Reserved CD35:1
36. Fair Housing CD36:1
Art. I. In General CD36:3
Art. II. Discriminatory Practices CD36:6
37. Reserved CD37:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:8
Art. IV. Fireworks CD38:8
Art. V. Hazardous Materials and Substances CD38:10
39. Reserved CD39:1
Supp. No. 32 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. 32 xiv
•
•
•
•
•
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. 32 xv
CAPE CANAVERAL CODE
Chapter Page
Art. VII. Reserved CD82:14
Art. VIII. Reserved CD82:14
Art. IX. International Property Maintenance Code CD82:14
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. 32 xvi
•
•
•
•
•
•
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 CD102:1
Art. I. In General CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
App. A. Tree Protection Area Signage CD102:21
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:11
Supp. No. 32 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. W. 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 District CD110:82.4
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. 32 xviii
•
•
•
•
•
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. 32 xix
•
•
•
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 CHT:15 20
iii 30 CHTCT:1 OC
iv.i 22 CHTCT:3 32
v, vi OC CD1:1 OC
vii OC CD 1:3, CD 1:4 OC
ix, x 1 CD1:5, CD1:6 12
xi, xii 32 CD1:7 12
xiii, xiv 32 CD2:1, CD2:2 30
xv, xvi 32 CD2:3, CD2:4 28
xvii, xviii 32 CD2:5, CD2:6 24
xix 32 CD2:7, CD2:8 31
SH:1, SH:2 24 CD2:8.1, CD2:8.2 31
SH:3, SH:4 32 CD2:9, CD2:10 27
CHT:1, CHT:2 20 CD2:11, CD2:12 27
CHT:3, CHT:4 32 CD2:13, CD2:14 27
CHT:5, CHT:6 32 CD2:14.1, CD2:14.2 27
CHT:6.1 32 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
Supp. No. 32
[1]
CAPE CANAVERAL CODE
Page No. Supp. No. Page No. Supp. No.
CD2:14.11 22 CD10:25, CD10:26 16
CD2:15, CD2:16 10 CD10:27, CD10:28 13
CD2:17, CD2:18 28 CD10:29, CD10:30 13
CD2:19, CD2:20 28 CD10:31, CD10:32 13
CD2:21, CD2:22 28 CD10:33, CD10:34 13
CD2:23, CD2:24 28 CD10:35, CD10:36 16
CD2:25, CD2:26 30 CD10:37, CD10:38 16
CD2:27, CD2:28 30 CD10:39, CD10:40 13
CD2:29, CD2:30 30 CD10:41, CD10:42 16
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
CD2:37, CD2:38 28 CD14:3, CD14:4 28
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
CD10:2.1, CD10:2.2 21 CD18:3, CD18:4 30
CD10:3, CD10:4 21 CD18:5 30
CD10:5 21 CD19:1 OC
CD 10:6.1, CD 10:6.2 20 CD22:1 32
CD10:6.3, CD10:6.4 20 CD22:3, CD22:4 32
CD10:6.5, CD10:6.6 20 CD22:5, CD22:6 32
CD10:6.7, CD10:6.8 20 CD22:7, CD22:8 32
CD10:7, CD10:8 13 CD22:9, CD22:10 32
CD10:9, CD10:10 13 CD23:1 OC
CD10:11, CD10:12 13 CD26:1 31
CD10:13, CD10:14 13 CD26:3, CD26:4 32
CD10:15, CD10:16 16 CD27:1 OC
CD10:17, CD10:18 13 CD30:1 11
CD10:19, CD10:20 16 CD30:3, CD30:4 11
CD10:21, CD10:22 13 CD30:5, CD30:6 11
CD10:23, CD10:24 13 CD30:7 28
[2]
Supp. No. 32
•
•
•
•
•
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
CD31:1 OC CD50:5, CD50:6 28
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
CD34:11, CD34:12 2 CD54:9, CD54:10 24
CD34:13, CD34:14 17 CD54:11, CD54:12 28
CD34:15, CD34:16 28 CD54:13, CD54:14 28
CD34:16.1 28 CD54:15 28
CD34:17, CD34:18 7 CD58:1 17
CD34:19, CD34:20 17 CD58:3, CD58:4 31
CD35:1 21 CD59:1 OC
CD36:1 21 CD62:1 30
CD36:3, CD36:4 21 CD62:3, CD62:4 30
CD36:5, CD36:6 21 CD62:5, CD62:6 30
CD36:7, CD36:8 21 CD62:7, CD62:8 30
CD36:9 21 CD62:9 30
CD37:1 21 CD63:1 OC
CD38:1, CD38:2 22 CD66:1 20
CD38:3, CD38:4 22 CD66:3, CD66:4 4
CD38:5, CD38:6 22 CD66:5, CD66:6 4
CD38:7, CD38:8 31 CD66:7, CD66:8 20
CD38:9, CD38:10 31 CD67:1 OC
CD38:11 31 CD70:1, CD70:2 27
CD39:1 OC CD70:3, CD70:4 27
CD40:1 14 CD70:4.1 27
CD40:3 14 CD70:5, CD70:6 17
CD41:1 OC CD70:7, CD70:8 17
CD42:1 OC CD70:9, CD70:10 17
CD42:3 12 CD70:11, CD70:12 17
CD43:1 OC CD70:12.1 17
CD46:1 30 CD70:13, CD70:14 16
CD46:3 30 CD70:15, CD70:16 16
CD47:1 OC CD71:1 OC
CD50:1 24 CD74:1 32
CD50:3, CD50:4 24 CD74:3, CD74:4 20
Supp. No. 32
[3]
CAPE CANAVERAL CODE
Page No. Supp. No. Page No. Supp. No.
CD74:5, CD74:6 31 CD82:7, CD82:8 32
CD74:7, CD74:8 32 CD82:9, CD82:10 32
CD74:9, CD74:10 32 CD82:11, CD82:12 32
CD74:11, CD74:12 32 CD82:13, CD82:14 32
CD75:1 OC CD82:15 32
CD78:1, CD78:2 28 CD82:17, CD82:18 28
CD78:2.1 28 CD82:19, CD82:20 28
CD78:3, CD78:4 30 CD82:21, CD82:22 28
CD78:5, CD78:6 30 CD82:23, CD82:24 28
CD78:7, CD78:8 30 CD83:1 OC
CD78:9, CD78:10 30 CD86:1 16
CD78:11, CD78:12 30 CD86:3, CD86:4 16
CD78:12.1 30 CD86:5, CD86:6 17
CD78:13, CD78:14 OC CD86:7, CD86:8 OC
CD78:15, CD78:16 OC CD86:9, CD86:10 OC
CD78:17, CD78:18 OC CD86:11, CD86:12 16
CD78:19, CD78:20 OC CD86:13, CD86:14 16
CD78:21, CD78:22 28 CD86:15, CD86:16 16
CD78:23, CD78:24 28 CD86:17 16
CD78:25, CD78:26 28 CD87:1 OC
CD78:27, CD78:28 28 CD90:1, CD90:2 23
CD78:29, CD78:30 11 CD90:3, CD90:4 32
CD78:31, CD78:32 21 CD90:5, CD90:6 32
CD78:33, CD78:34 21 CD90:6.1 32
CD78:35, CD78:36 22 CD90:7, CD90:8 23
CD78:37, CD78:38 22 CD90:9, CD90:10 23
CD78:39, CD78:40 28 CD90:11, CD90:12 23
CD79:1 OC CD90:13, CD90:14 32
CD80:1, CD80:2 13 CD90:15, CD90:16 32
CD80:3, CD80:4 16 CD90:17, CD90:18 32
CD80:5, CD80:6 13 CD90:19, CD90:20 32
CD80:7, CD80:8 26 CD90:21, CD90:22 32
CD80:9 26 CD90:23, CD90:24 32
CD81:1 OC CD90:25, CD90:26 32
CD82:1, CD82:2 32 CD90:27, CD90:28 23
CD82:2.1 28 CD90:29, CD90:30 23
CD82:3, CD82:4 16 CD90:31, CD90:32 23
CD82:5, CD82:6 28 CD90:33, CD90:34 23
[4]
Supp. No. 32
•
•
•
•
•
•
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
CD90:35, CD90:36 23 CD98:25, CD98:26 26
CD90:37, CD90:38 23 CD98:27, CD98:28 26
CD90:39, CD90:40 23 CD98:29, CD98:30 26
CD90:41 23 CD98:31, CD98:32 26
CD91:1 19 CD99:1 OC
CD91:3, CD91:4 19 CD102:1 32
CD91:5 19 CD102:3, CD102:4 24
CD92:1 23 CD 102:5, CD 102:6 28
CD92:3, CD92:4 23 CD 102:7, CD 102:8 32
CD92:5, CD92:6 23 CD102:9, CD102:10 32
CD92:7 28 CD102:10.1, CD102:10.2 32
CD93:1 23 CD 102:11, CD 102:12 23
CD94:1, CD94:2 32 CD102:13, CD102:14 23
CD94:3, CD94:4 32 CD102:15, CD102:16 23
CD94:5, CD94:6 32 CD102:17 23
CD94:7, CD94:8 32 CD103:1 OC
CD94:9, CD94:10 32 CD106:1 OC
CD94:11, CD94:12 32 CD106:3, CD106:4 OC
CD94:13, CD94:14 32 CD106:5 OC
CD94:15, CD94:16 32 CD107:1 OC
CD94:17, CD94:18 32 CD 110:1, CD 110:2 29
CD94:19, CD94:20 32 CD110:3, CD110:4 29
CD94:21, CD94:22 32 CD110:5, CD110:6 31
CD94:23, CD94:24 32 CD110:7, CD110:8 30
CD94:25 32 CD110:9 30
CD95:1 OC CD110:11, CD110:12 25
CD98:1, CD98:2 26 CD110:13, CD110:14 31
CD98:3 26 CD110:15, CD110:16 29
CD98:5, CD98:6 26 CD110:17, CD110:18 29
CD98:7, CD98:8 26 CD110:18.1, CD110:18.2 31
CD98:9, CD98:10 26 CD110:19, CD110:20 28
CD98:11, CD98:12 26 CD110:21, CD110:22 28
CD98:13, CD98:14 26 CD110:22.1, CD110:22.2 28
CD98:15, CD98:16 26 CD110:23, CD110:24 21
CD98:17, CD98:18 26 CD110:25, CD110:26 21
CD98:19, CD98:20 26 CD 110:27, CD 110:28 21
CD98:21, CD98:22 26 CD110:29, CD110:30 21
CD98:23, CD98:24 26 CD110:31, CD110:32 21
Supp. No. 32
[5]
CAPE CANAVERAL CODE
Page No.
CD110:33, CD110:34
CD110:35, CD110:36
CD110:37, CD110:38
CD110:39, CD110:40
CD110:40.1, CD110:40.2
CD110:41, CD110:42
CD110:43, CD110:44
CD110:45, CD 110:46
CD110:46.1, CD110:46.2
CD110:46.2.1
CD110:46.3, CD110:46.4
CD110:46.5, CD110:46.6
CD110:46.7, CD110:46.8
CD110:46.9, CD110:46.10
CD110:46.11, CD110:46.12
CD110:46.13, CD110:46.14
CD110:46.15, CD110:46.16
CD110:46.17, CD110:46.18
CD110:46.19, CD110:46.20
CD110:46.21
CD110:47, CD110:48
CD110:49, CD110:50
CD110:51, CD110:52
CD110:53, CD110:54
CD110:55, CD110:56
CD110:57, CD110:58
CD110:59, CD110:60
CD110:60.1, CD110:60.2
CD110:60.3
CD110:61, CD110:62
CD110:63, CD110:64
CD110:64.1
CD110:65, CD110:66
CD110:67, CD110:68
CD110:68.1, CD110:68.2
CD110:68.3, CD110:68.4
CD110:68.5, CD110:68.6
CD110:68.7, CD110:68.8
Supp. No. 32
CAPE CANAVERAL CODE
Supp. No.
21
21
29
29
29
21
31
31
31
31
29
29
29
29
29
29
29
29
29
29
OC
OC
OC
OC
OC
26
29
29
29
31
26
26
25
25
25
25
25
25
[6]
Page No.
CD 110:69, CD110:70
CD110:70.1, CD110:70.2
CD110:70.3, CD110:70.4
CD110:70.5, CD110:70.6
CD110:70.7, CD110:70.8
CD110:70.9, CD110:70.10
CD110:71, CD110:72
CD110:73
CD110:74.1, CD110:74.2
CD110:74.3, CD110:74.4
CD110:74.5, CD110:74.6
CD110:74.7, CD110:74.8
CD110:75, CD 110:76
CD110:77, CD110:78
CD110:79, CD110:80
CD110:81, CD110:82
CD110:82.1, CD110:82.2
CD110:82.3, CD110:82.4
CD110:82.5
CD110:83, CD110:84
CD110:84.1
CD110:85, CD110:86
CD110:87, CD110:88
CD110:89, CD110:90
CD110:90.1
CD110:91, CD110:92
CD110:93, CD110:94
CD110:95, CD110:96
CD110:97, CD110:98
CD110:99, CD110:100
CD110:101, CD110:102
CD110:102.1, CD110:102.2
CD110:102.3, CD110:102.4
CD110:102.5, CD110:102.6
CD110:103, CD110:104
CD110:105, CD110:106
CD110:107, CD110:108
CD110:109
Supp. No.
30
30
30
30
30
31
31
31
30
30
30
31
24
25
21
30
30
30
30
27
27
24
24
27
27
24
24
24
24
24
26
26
26
26
21
21
21
21
Supp No. 32
[6]
•
•
•
•
•
•
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
CD111:1 12 CDA:65, CDA:66 24
CD115:1 26 CDB:1 OC
CD115:3, CD115:4 12 CDB:3, CDB:4 26
CD115:5, CD115:6 12 CDB:4.1 26
CD115:7, CD115:8 26 CDB:5, CDB:6 29
CD115:9, CD115:10 26 CDB:7, CDB:8 32
CD115:11 26 CDB:9, CDB:10 32
CDA:1, CDA:2 24 CDB:10.1 32
CDA:3 23 CDB:11, CDB:12 26
CDA:15, CDA:16 20 CDB:13, CDB:14 31
CDA:16.1, CDA:16.2 20 CDB:15, CDB:16 31
CDA:16.3, CDA:16.4 20 CDB:17, CDB:18 32
CDA:16.5, CDA:16.6 20 CDB:19 32
CDA:16.7 20 CCT:1 OC
CDA:17, CDA:18 7 CCT:3, CCT:4 OC
CDA:19, CDA:20 7 CCT:5, CCT:6 OC
CDA:21, CDA:22 7 CCT:7, CCT:8 OC
CDA:23, CDA:24 7 CCT:9, CCT:10 OC
CDA:25, CDA:26 7 CCT:11, CCT:12 OC
CDA:27, CDA:28 24 CCT:13, CCT:14 7
CDA:29, CDA:30 24 CCT:15, CCT:16 8
CDA:31, CDA:32 24 CCT:17, CCT:18 12
CDA:33, CDA:34 24 CCT:19, CCT:20 21
CDA:35, CDA:36 24 CCT:21, CCT:22 21
CDA:37, CDA:38 24 CCT:23, CCT:24 21
CDA:39, CDA:40 24 CCT:25, CCT:26 23
CDA:41, CDA:42 24 CCT:27, CCT:28 26
CDA:43, CDA:44 24 CCT:29, CCT:30 31
CDA:45, CDA:46 24 CCT:31 32
CDA:47, CDA:48 24 SLT:1, SLT:2 32
CDA:49, CDA:50 24 SLT:3, SLT:4 32
CDA:51, CDA:52 24 CHTi:1, CHTi:2 20
CDA:53, CDA:54 24 CHTi:3 20
CDA:55, CDA:56 24 CDi:1, CDi:2 28
CDA:57, CDA:58 32 CDi:3, CDi:4 32
CDA:59, CDA:60 32 CDi:5, CDi:6 31
CDA:61 32 CDi:7, CDi:8 32
CDA:63, CDA:64 32 CDi:8.1 32
Supp. No. 32
[7]
CAPE CANAVERAL CODE
Page No. Supp. No.
CDi:9, CDi:10 31
CDi:10.1 31
CDi:11, CDi:12 24
CDi:13, CDi:14 31
CDi:15, CDi:16 32
CDi:17, CDi:18 32
CDi:19, CDi:20 32
CDi:21, CDi:22 32
CDi:22.1 32
CDi:23, CDi:24 30
CDi:25, CDi:26 31
CDi:27, CDi:28 31
CDi:29, CDi:30 31
CDi:31, CDi:32 31
CDi:32.1, CDi:32.2 32
CDi:33, CDi:34 24
CDi:35, CDi:36 31
CDi:37, CDi:38 31
CDi:39, CDi:40 32
CDi:41, CDi:42 32
CDi:43, CDi:44 32
CDi:44.1 32
CDi:45, CDi:46 31
CDi:47 31
Supp. No. 32
[8]
•
•
•
•
•
•
04-2015
SUPPLEMENT HISTORY TABLE
Ord. No.
04-2015
05-2015
06-2015
07-2015
09-2015
Supp No. 25
11-2015
12-2015
2016-05(Res.)
01-2016
02-2016
2016-12(Res.)
Supp. No. 26
01-2017
02-2017
03-2017
04-2017
05-2017
06-2017
08-2017
2017-08(Res.)
2017-09(Res.)
11-2017
12-2017
2017-15(Res.)
Supp. No. 27
16-2017
01-2018
02-2018
03-2018
04-2018
07-2018
Supp. No. 28
05-2019
09-2019
2019-05(Res.)
2019-09(Res.)
10-2019
11-2019
Supp. No. 29
15-2019
17-2019
19-2019
20-2019
01-2020
Date
adopted
3-17-15
6-16-15
7-21-15
8-18-15
9-22-15
Supp. No. 25
11-17-15
11-17-15
4-19-16
5-17-16
7-19-16
8-16-16
Supp. No. 26
1-17-17
1-17-17
2-21-17
4-18-17
6-20-17
6-20-17
7-18-17
7-18-17
7-18-17
7-18-17
8-15-17
8-15-17
8-15-17
Supp. No. 27
1-16-18
2-20-18
4-17-18
5-15-18
6-19-18
9-18-18
Supp. No. 28
2-19-19
5-21-19
5-21-19
5-21-19
6-18-19
6-18-19
Supp. No. 29
11-19-19
11-19-19
1-21-20
1-21-20
2-18-20
Include/
Omit
Include
Include
Include
Include
Include
Supp. No. 25
Include
Include
Include
Include
Include
Include
Supp. No. 26
Include
Include
Include
Include
Omit
Include
Include
Include
Include
Include
Include
Include
Include
Supp. No. 27
Include
Include
Include
Include
Include
Supp. No. 28
Include
Include
Include
Omit
Include
Include
Supp. No. 29
Include
Include
Include
Include
Include
Supp. No.
24
24
24
24
24
Supp. No. 25
25
25
25
25
25
Supp. No. 26
26
26
26
26
26
26
26
26
26
26
26
26
26
Supp. No. 27
27
27
27
27
27
Supp. No. 28
28
28
28
28
28
Supp. No. 29
29
29
29
29
29
Supp. No. 32
SH:3
CAPE CANAVERAL CODE
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. 32
05-2022
6-21-22
Include
32
17-2022
10-18-22
Include
32
18-2022
10-18-22
Include
32
2022-25(Res.)
10-18-22
Include
32
02-2023
2-21-23
Include
32
03-2023
2-21-23
Include
32
2023-03(Res.)
3-21-23
Include
32
04-2023
4-18-23
Include
32
2023-08(Res.)
5-16-23
Include
32
2023-09(Res.)
5-16-23
Include
32
07-2023
6-20-23
Include
32
Supp. No. 32
SH:4
•
•
•
•
•
•
CHARTER § 1.02
City Charter
City of Cape Canaveral, Florida
Preamble
We the people of the City of Cape Canaveral,
under the constitution and laws of the State of
Florida, in order to secure the benefits of local
self-government and to provide for an honest and
accountable council-manager government, do
hereby adopt this Charter and confer upon the
city the following powers, subject to the following
restrictions, and prescribed by the following
procedures and governmental structure. By this
action, we secure the benefits of home rule and
affirm the values of representative democracy,
professional management, strong political leader-
ship, citizen participation, and regional coopera-
tion.
ARTICLE I. POWERS OF THE CITY
Sec. 1.01 Powers of the city.
The city shall have all powers possible for a
city to have under the constitution and laws of
the state as fully and completely as though they
were specifically enumerated in this Charter.
Sec. 1.02 Incorporation of the City of
Cape Canaveral.
That a municipal corporation under and by
the name of City of Cape Canaveral is originally
and hereby created, organized and established in
the County of Brevard and in the State of
Florida, and became a law without the Governor's
approval. Filed in the Office of the Secretary of
State on May 16, 1963, which said City shall
embrace, include and have jurisdiction over all
that territory in Brevard County described as
follows:
The tract of land situated in Secs. 14, 15, 16,
17, 20, 21, 22, 23, 26, 27, 28 and 29 of Township
24 South, Range 37 East and being all of that
land lying south of the South limits of the Cape
Canaveral Missile Test Annex, now known as
Canaveral Port Authority, extended westerly to
the center line of the established ship channel in
the Banana River, and extended easterly to a
point in the Atlantic Ocean 1,000 feet east of the
mean high water line of the Atlantic Ocean, and
north of a line described as follows:
Beginning at the intersection of a westerly
extension of the South line of Lot 21 in
Banana River Estates, as recorded in Plat
Book 10, Page 1, of the Public Records of
Brevard County, Florida, and the center line
of the established channel of Banana River;
thence along such westerly extension and the
South line of Lot 21 in an easterly direction to
the westerly right-of-way line of Palm Avenue
(SR No. 401); thence continue along the easterly
extension of the last described line to the East
right-of-way line of Palm Avenue (SR No.
401); thence northerly along the East right-of-
way line of said Palm Avenue (SR No. 401)
approximately 2,440 feet to a point in the
middle of Block 73, in the Avon -by -the -Sea
subdivision which is the point separating Lot
1 and Lot 9 in said Block 73, thence easterly
along the rear line of the lots in Blocks 73, 74,
75, and 76, being the blocks bounded on the
North by Johnson Avenue and on the South by
Grant Avenue to the intersection of this line
with the mean high water line of the Atlantic
Ocean, thence East 1,000 feet to the East
boundary line hereinafter set forth; and
bounded on the West by the center line of the
established ship channel in the Banana River,
and on the East by a line paralleling the
shoreline and 1,000 feet East of the mean high
water line of the Atlantic Ocean; excepting the
lands owned by the Canaveral Port Authority
and/or any additional government -owned lands
as of January 12, 1962, and including all
littoral and riparian rights pertaining thereto.
Together with: Lots 13 through 20 inclusive,
Banana River Estates, as recorded in Plat
Book 10, Page 1, of the Public Records of
Brevard County, Florida.
Together with: Lots Six (6) through Nine (9)
inclusive, in Block Seventy-five (75) according
to the Plat of Avon -by -the -Sea subdivision, as
recorded in Plat Book 3, Page 7, of the Public
Records of Brevard County, Florida.
Supp. No. 32 CHT:3
§ 1.02
CAPE CANAVERAL CODE
Together with: Lots 9 through 12, Block 73,
Avon -by -the -Sea subdivision, as recorded in
Plat Book 3, Page 7, of the Public Records of
Brevard County, Florida.
Sec. 1.03 Construction.
The powers of the city under this Charter
shall be construed liberally in favor of the city,
and the specific mention of particular powers in
the charter shall not be construed as limiting in
any way the general power granted in this
article.
Sec. 1.04 Intergovernmental relations.
The city may participate by contract or
otherwise with any governmental entity of this
state or any other state or states or the United
States in the performance of any activity which
one or more of such entities has the authority to
undertake.
ARTICLE II. CITY COUNCIL
Sec. 2.01 General powers and duties.
All powers of the city shall be vested in the
city council, except as otherwise provided by law
or this Charter, and the city council shall provide
for the exercise thereof and for the performance
of all duties and obligations imposed on the city
by law.
Sec. 2.02 Composition, eligibility, terms.
(a) Composition. There shall be a city council
composed of a mayor and four council members
elected by the voters of the city at large during a
nonpartisan election held in accordance with
provisions of article VI.
(b) Eligibility. Each candidate seeking the
office of city council shall be domiciled within the
city at least one (1) year immediately prior to the
time of qualifying. The members of the city
council shall be domiciled within the City of
Cape Canaveral and shall have and possess the
qualifications of registered voters of the City of
Cape Canaveral. Any member of the city council
who shall cease to have and possess the qualifica-
tions imposed on such office shall forfeit his or
her office and said office shall immediately become
vacant.
(c) Terms of office. The term of office for the
mayor and city council members shall be three
years elected in accordance with article VI.
There shall be no limit on the total number of
terms the mayor or council members may serve,
except that no person shall be elected to more
than two consecutive elected terms as mayor or
council member. However, this limitation shall
not prohibit a person who has served two consecu-
tive elected terms of office as council member
from qualifying and being elected for two
additional consecutive elected terms as Mayor.
The accruing of consecutive terms shall include
only those terms beginning with the November
2, 2010, general election and all other terms
arising out of subsequent elections.
(d) Elected council members. Any newly elected
mayor and city council member shall assume the
duties of office at the next regular meeting of the
city council following their election.
(Ord. No. 05-2022, § 3, 6-21-22; approved at
referendum, 11-8-22)
Sec. 2.03 Mayor.
(a) Powers and duties. The mayor shall be a
voting member of the city council and shall
attend and preside at meetings of the city council,
represent the city in intergovernmental relation-
ships, present an annual state of the city mes-
sage, and perform other duties specified by the
city council. The mayor shall be recognized as
head of the city government for all ceremonial
purposes and by the governor for purposes of
military law but shall have no administrative
duties.
(b) Mayor pro tem. The city council shall
annually elect from its membership a mayor pro
tem, who shall act as the mayor in the mayor's
absence.
Sec. 2.04 Compensation; expenses.
The city council may, by ordinance, provide for
the compensation of the mayor, its members and
its appointed officers, and the method of pay-
ment of the same.
Supp. No. 32 CHT:4
•
•
•
•
•
•
CHARTER
Sec. 2.05 Prohibitions.
(a) Holding other office. Except where
authorized by law, no council member shall hold
any other elected public office during the term
for which the member was elected to the city
council. No council member shall hold any other
city office or city employment during the terms
for which the member was elected to the city
council. No former council member shall hold
any compensated appointive office or employ-
ment with the city until one year after expiration
of the term for which the member was elected to
the city council.
Nothing in the section shall be construed to
prohibit the city council from selecting any cur-
rent or former council member to represent the
city on the governing board of any regional or
other intergovernmental agency.
(b) Appointments and removals. Neither the
city council nor any of its members shall in any
manner control or demand the appointment or
removal of any city administrative officer or
employee whom the city manager or any
subordinate to the city manager is empowered to
appoint, but the city council may express its
views and fully and freely discuss with the city
manager anything pertaining to appointment
and removal of such offices and employees.
(c) Interference with administration. Except
for the purposes of inquiries and investigations
under section 2.09, the city council or its members
shall deal with city officers and employees who
are subject to the direction of the supervision of
the city manager solely through the city manager,
and neither the city council nor its members
shall give orders to any such officer or employee,
either publicly or privately.
Sec. 2.06 Vacancies; forfeiture of office;
filling of vacancies.
(a) Vacancies. The office of a council member
shall become vacant upon the member's death,
resignation, or removal from office or forfeiture
of office in any manner authorized by law.
(b) Forfeiture of office. A council member shall
forfeit that office if the council member:
(1) Fails to meet the residency requirements
or fails to possess the qualifications of
registered voters,
§ 2.08
(2) Violates any express prohibition of this
Charter,
(3) Is convicted of a crime involving moral
turpitude, or
(4) Fails to attend three consecutive regular
meetings of the city council or more than
30 percent of all meetings of the city
council held annually, without being
excused by resolution duly adopted by
the city council.
(c) Filling of vacancies. Upon occurrence of a
vacancy on the city council, the city council, by a
majority vote of all its remaining members, shall
appoint a qualified person to fill the vacancy
until the vacancy is filled at the next general
election. Said appointment shall occur within 90
days of the vacancy. At the next general election,
the vacant position shall be filled by a vote of the
electors for the remainder of the original term.
Any councilmember so elected shall take office
immediately upon election at the next scheduled
city council meeting. Notwithstanding the require-
ments in section 2.11(c), if at any time the
membership of the city council is reduced to less
than four, the remaining members may, by major-
ity action, appoint additional members to raise
the membership to five.
(Ord. No. 11-2011, § 1, 10-18-11; approved at
referendum, 1-31-12)
Sec. 2.07 Judge of qualifications.
The city council shall be the judge of the
qualifications of its members, and of the grounds
for forfeiture of their office. In order to exercise
these powers, the city council shall have power to
subpoena witnesses, administer oaths and require
the production of evidence. A member charged
with conduct constituting grounds for forfeiture
of office shall be entitled to a public hearing on
demand, and notice of such hearing shall be
published in one or more newspapers of general
circulation in the city at least one week in
advance of the hearing.
Sec. 2.08 City clerk.
The city manager shall appoint an officer of
the city who shall have the title of city clerk. The
city clerk shall give notice of city council meet-
Supp. No. 32 CHT:5
§ 2.08
CAPE CANAVERAL CODE
ings to its members and the public, keep a
journal of its proceedings and perform such other
duties as are assigned by this Charter or by the
city council or by the state law.
Sec. 2.09 Investigations.
The city council may make investigations into
the affairs of the city and the conduct of any city
department, office or agency and for this purpose
may subpoena witnesses, administer oaths, take
testimony, and require the production of evidence.
Failure or refusal to obey a lawful order issued in
the exercise of these powers by the city council
shall be a misdemeanor punishable by a fine of
not more than $500.00, or by imprisonment for
not more than 60 days or both.
Sec. 2.10 Independent audit.
The city council shall provide for an
independent annual audit of all city accounts
consistent with the requirements of Florida law
and may provide for more frequent audits as it
deems necessary.
Sec. 2.11 Procedure.
(a) Meetings. The city council shall meet
regularly at least once in every month at such
times and places as the city council may prescribe
by rule. Special meetings may be held on the call
of three or more members and, whenever
practicable, upon no less than 12 hours' notice to
each member. Except as allowed by state law, all
meetings shall be public.
(b) Rules and journal. The city council shall
determine its own rules and order of business
and shall provide for keeping a journal of its
proceedings. This journal shall be a public record.
(c) Voting. Voting, except on procedural
motions, shall be by roll call and the ayes and
nays shall be recorded in the journal. Three
members of the city council shall constitute a
quorum, but a smaller number may adjourn from
time to time and may compel the attendance of
absent members in the manner and subject to
the penalties prescribed by the rules of the city
council. No action of the city council, except as
otherwise provided in the preceding sentence, in
section 2.06(c) and section 2.14 shall be valid or
binding unless adopted by the affirmative vote of
three (3) or more members of city council.
Sec. 2.12 Action requiring an ordinance.
In addition to other acts required by law or by
specific provision of this Charter to be done by
ordinance, those acts of the city council shall be
by ordinance which:
(1) Adopt or amend any administrative code
or establish, alter, or abolish any city
department, office, or agency.
(2) Provide for a fine or other penalty or
establish a rule or regulation for viola-
tion of which a fine or other penalty is
imposed;
(3) Grant, renew or extend a franchise;
(4) Regulate the rate charged for its services
by a public utility;
(5) Authorize the borrowing of money;
(6) Convey or lease or authorize the convey-
ance or lease of any lands of the city;
(7) Regulate land use and development;
(8) Amend or repeal any ordinance previ-
ously adopted; or
(9) Adopt, with or without amendment,
ordinances proposed under the initiative
power.
Acts other than those referred to in the preced-
ing sentence may be done either by ordinance or
by resolution.
Sec. 2.13 Ordinances in general.
(a) Form. Every proposed ordinance shall be
introduced in writing and in the form required
for final adoption. No ordinance shall contain
more than one subject, which shall be clearly
expressed in its title. The enacting clause shall
be "The City of Cape Canaveral hereby ordains..."
Any ordinance which repeals or amends an
existing ordinance or part of the City Code shall
set out in full the ordinance, sections or subsec-
tions to be repealed or amended, and shall
Supp. No. 32 CHT:6
•
•
•
•
CHARTER
indicate matters to be omitted by enclosing them
in brackets or by strikeout type and shall indicate
new matters by underscoring or by italics.
§ 2.13
Supp. No. 32 CHT:6.1
•
•
•
CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of any ordinances amending the Charter.
Ordinance Adoption Election Section
Number Date Date Section this Charter
6- 2-70 Art. I, § 5
Art. III, § 4
Art. IV, § 1
Art. IV, § 3
Art. V,§2
Art. V, § 4
6- 6-72 Art. XXI, § 2
11- 2-82 Art. III, § 4
11- 8-83 Art. III, § 2
Art. VIII, § 1
Art. XI § 1
Art. XV,§1
11- 5-85 Art. XIV, § 4
11- 3-92 Art. XXIV, § 8
14-89 10-17-89 1 Art. III, § 1
11-93 6-15-93 1 Art. I, § 2
38-93 10-19-93 1 Art. I, § 5
2, 3 Art. III, § 1,
Art. III, § 2
4 Art. III, § 4
5 Art. IV, §1
6 Art. IV, §3
7 Art. V,§1
8 Art. XXI, § 2
30-94 8- 2-94 1 Art. III, § 3
34-94 9-20-94 2 Art. XXIV,.§ 8
23-98 7- 7-98 11-98 2 Art. III, § 4
11- 2-10 Rpld Art. I, § 1—
Art. XXIV, § 14
Added Art. I, § 1.01—
Art. IX, § 9.04
11-2011 10-18-11 1-31-12 2 2.06(c)
05-2022 6-21-22 11- 8-22 3 2.02(b)
Supp. No. 32 CHTCT:3
•
•
•
Chapter 22
COMMUNITY DEVELOPMENT*
Article I. In General
Secs. 22-1-22-25. Reserved.
Article H. Business and Economic Development Board
Sec. 22-26. Definitions.
Sec. 22-27. Established.
Sec. 22-28. Composition.
Sec. 22-29. Reserved.
Sec. 22-30. Reserved.
Sec. 22-31. Reserved.
Sec. 22-32. Reserved.
Sec. 22-33. Purpose and duties.
Sec. 22-34. Advisory capacity.
Sec. 22-35. Indebtedness.
Article M. Community Appearance Review
Sec. 22-36. Statement of findings and purpose.
Sec. 22-37. Board established; membership; qualifications of members.
Sec. 22-38. Reserved.
Sec. 22-39. Proceedings of the board.
Sec. 22-40. Approval prerequisite for permits.
Sec. 22-41. Compliance with other Code provisions.
Sec. 22-42. Procedure.
Sec. 22-43. Notice of approval or denial.
Sec. 22-44. Application criteria.
Sec. 22-45. Concept plans.
Sec. 22-46. Appeals and review.
Sec. 22-47. Building permits; enforcement.
Secs. 22-48, 22-49. Reserved.
Sec. 22-50.
Sec. 22-51.
Article IV. Community Redevelopment
Redevelopment trust fund.
Community redevelopment advisory board.
*Cross references —Planning, ch. 58; zoning, ch. 110.
Supp. No. 32 CD22:1
•
•
•
COMMUNITY DEVELOPMENT § 22-33
ARTICLE I. IN GENERAL
Secs. 22-1-22-25. Reserved.
ARTICLE II. BUSINESS AND ECONOMIC
DEVELOPMENT BOARD*
Sec. 22-26. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Commerce or commercial pertains to activities
in the areas of industry, commerce, business and
tourism.
(Ord. No. 10-99, § 1, 9-7-99)
Sec. 22-27. Established.
The city establishes a business and economic
development board in and for the city.
(Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011,
§ 3, 12-20-11)
Sec. 22-28. Composition.
The business and economic development board
shall consist of seven regular members.
(Ord. No. 10-99, § 1, 9-7-99; Ord. No. 12-2003,
§ 4, 7-1-03; Ord. No. 13-2011, § 3, 12-20-11)
Sec. 22-29. Reserved.
Editor's note -Ord. No. 12-2003, § 4, adopted July 1,
2003, deleted section 22-29, which pertained to term of office
and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1499.
Sec. 22-30. Reserved.
Editor's note -Ord. No. 12-2003, § 4, adopted July 1,
2003, deleted section 22-30, which pertained to vacancies
and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999.
*Editor's note -Ord. No. 13-2011, § 3, adopted Dec. 20,
2011, amended the title of Art. II to read as herein set out.
Formerly, said Art. II was entitled "Business and Cultural
Development Board."
Cross reference -Boards, committees, commissions, § 2-
171 et seq.
Sec. 22-31. Reserved.
Editor's note -Ord. No. 12-2003, § 4, adopted July 1,
2003, deleted section 22-31, which pertained to removal and
derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999.
Sec. 22-32. Reserved.
Editor's note -Ord. No. 12-2003, § 4, adopted July 1,
2003, deleted section 22-32, which pertained to rules and
procedures and derived from Ord. No. 10-99, § 1, adopted
Sept. 7, 1999.
Sec. 22-33. Purpose and duties.
The business and economic development board
shall serve as a citizen advisory committee and
have the purposes and duties to:
(1) Provide recommendations to the city
related to the implementation of economic
and business development policies
established by city.
(2) Confer with and advise the city on all
matters concerning the development of
commerce. The board shall encourage
high value business investment and job
creation in the city and advise the city on
actions to undertake in accomplishing
this goal. Actions may include identify-
ing barriers to economic development for
desired businesses and creation of
economic incentives.
(3) As may be requested, act as liaison for
the city in the area of public relations
with the following:
a. Cocoa Beach Regional Chamber of
Commerce.
b. Canaveral Port Authority.
c. Economic Development Commis-
sion of Florida's Space Coast.
d. Other similar organizations or agen-
cies which, in the opinion of the
business and economic development
board, would be appropriate for such
liaison.
(4) Determine from . existing commercial
enterprises in the city and interested
outside entities contemplating locating
in the city the appropriate and necessary
action the city should take to enhance
Supp. No. 32 CD22:3
§ 22-33
CAPE CANAVERAL CODE
and encourage the further development
of the city's commerce and coordinate
with and advise pertinent officials and
boards in the city as to the implementa-
tion of this action.
(5) Advise the city of the advent of any new
commercial activity, i.e., new businesses,
significant change in existing busi-
nesses, etc., in the city's commerce in
order that timely and appropriate recogni-
tion by the city can be effected.
(6) Cooperate with all community groups,
which are dedicated to orderly com-
mercial expansion of the city and furnish
them with aid and advice as is deemed
appropriate.
(7) Generally, encourage in any manner the
development of business, commerce,
industry and tourism in the city.
(8) Investigate sources of financial assistance
available to the city from the
governmental or private sector and assist
the city in properly applying and promot-
ing the successful acquisition of the
assistance. For the purpose of this article,
financial assistance may be in the form
of grants, low interest loans or physical
property, including that of real or personal
nature. Activity in the private sector will
be limited to established foundations.
(9) Review and consider the merits of applica-
tions for economic development ad valorem
tax exemptions; make recommendations
to the city council as to whether or not to
grant the exemption, and if the exemp-
tion is granted, the percentage of the
exemption and period of time for the
exemption; make recommendations
related to additional incentives, includ-
ing, but not limited to development fee
waivers and financial contributions.
(10) Serve in the ex officio capacity as the
"City of Cape Canaveral Community
Redevelopment Advisory Board" as more
specifically set forth in section 22-51 of
the City Code.
(Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011,
§ 3, 12-20-11; Ord. No. 02-2015, § 2, 1-20-15;
Ord. No. 03-2023, § 2, 2-21-23)
Sec. 22-34. Advisory capacity.
The powers and duties of the business and
economic development board are of an advisory
nature only, and the board shall not have any
powers or duties which conflict with or supersede
the powers and duties of other city boards.
(Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011,
§ 3, 12-20-11)
Sec. 22-35. Indebtedness.
The business and economic development board
shall not incur any debts or enter into any
contracts or obligations, which would be enforce-
able against the city, unless prior approval has
been obtained.
(Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011,
§ 3, 12-20-11)
ARTICLE III. COMMUNITY
APPEARANCE REVIEW
Sec. 22-36. Statement of findings and
purpose.
(a) The logo of Cape Canaveral, and its
accompanying motto "Sun, Space and Sea," signi-
fies Cape Canaveral's unique cultural character
and beauty. Indicative of Cape Canaveral's unique-
ness is its reputation as primarily a residential
waterfront community with beautiful beaches
and scenic ocean vistas, within close proximity to
several internationally renowned tourist destina-
tions including the Kennedy Space Center and
several major cruise ship terminals.
(b) In recognition of Cape Canaveral's unique-
ness, the city council has determined that a
deliberate and conscientious effort must be made
by community leaders, in partnership with
architects, planners, realtors, builders and the
citizenry of Cape Canaveral, to protect the general
welfare of the community by preserving and
improving Cape Canaveral's aesthetic appear-
ance, beauty, and character, so as to ultimately
enhance the quality of life and civic pride of all
people who reside, work, vacation, or spend time
in Cape Canaveral.
Supp. No. 32 CD22:4
•
•
•
•
•
•
COMMUNITY DEVELOPMENT § 22-39
(c) The facilitator of this effort shall be the
community appearance board whose primary
purpose shall be to encourage uniform
architectural standards and cohesive community
development consistent with the intent and
purpose of this article and the standards neces-
sary to maintain the "Tree City" designation.
(d) The cultural character and beauty of Cape
Canaveral involves, among other things, the
aesthetic quality of all one sees in moving about
the entire community. Consequently, the ultimate
designers and developers of buildings and
structures must be informed of the larger context
in which their particular works will be viewed
within the community. The task of the . com-
munity appearance board shall be to provide a
mechanism by which proposed new development
and modifications or rehabilitations (of buildings
and structures) can be reviewed and approved,
in a uniform manner, so as to be in harmony with
the comprehensive architecturally related poli-
cies, objectives and standards adopted by Cape
Canaveral for the overall betterment of the
community.
(e) It is recognized by the Florida Supreme
Court that zoning solely for aesthetic purposes is
not outside the scope of the police power of
municipal governments, like Cape Canaveral. It
has also been judicially recognized in Florida
(and in other jurisdictions) that the promotion of
aesthetic beauty also protects property values,
tourism, and other economic interests which
Cape Canaveral deems vital to the community.
(f) Zoning is the single most powerful legal
enforcement of an overall urban concept, but
alone it does not create beauty, aesthetic order,
or amenity. The task of the community appear-
ance board shall be to preserve various elements
of urban beauty and require that new projects
being developed enhance existing development
and the landscape of the community.
(g) The essential foundation of beauty in com-
munities is harmony. The plan for achieving
beauty must grow out of special local
characteristics of site, development and redevelop-
ment potential. Some local areas of natural
beauty are the beaches, ocean and the Banana
River. The vistas and visual delight of these
should only be enhanced.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 13-2011,
§ 3, 12-20-11)
Sec. 22-37. Board established; member-
ship; qualifications of
members.
(a) Established. There is hereby established a
community appearance board which shall consist
of seven members.
(b) Qualifications. All members shall be quali-
fied by reason of training or expertise in art,
architecture, community planning, land develop-
ment, real estate, landscape architecture or other
relevant business or profession, or by reason of
civic interest so as to be considered a sound
judge of the aesthetic effect and impact upon
property values, desirability, and the economic,
social and cultural patterns of the community of
a proposed building or structure on surrounding
areas.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 1-98, § 1,
2-17-98; Ord. No. 07-2003, § 2, 3-4-03; Ord. No.
12-2003, § 4, 7-1-03; Ord. No. 13-2011, § 3,
12-20-11)
Sec. 22-38. Reserved.
Editor's note —Ord. No. 12-2003, § 4, deleted section
22-38, which pertained to rules of conduct of board business
and derived from Ord. No. 16-95, § 2, adopted Dec. 19, 1995.
Sec. 22-39. Proceedings of the board.
(a) Meetings shall be held as necessary and
when held, preference shall be given to the first
or third Wednesday of each month. The time and
place of meetings, and the order of business and
procedure to be followed at meetings, shall be
prescribed by the board.
(b) The city shall provide administrative, legal,
architectural and other professional expert
services deemed necessary for the board to perform
its duties and obligations under this article.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 12-2003,
§ 4, 7-1-03; Ord. No. 01-2010, § 2, 1-19-10; Ord.
No. 13-2011, § 3, 12-20-11)
Supp. No. 32 CD22:5
§ 22-40
CAPE CANAVERAL CODE
Sec. 22-40. Approval prerequisite for
permits.
(a) Without exception, the following shall be
approved by the community appearance board
before a permit is issued for development of
property which has an exterior, visual impact or
effect on the community:
(1) All plans and elevations for buildings or
structures, except fences, within any
zoning district, or any alterations thereto.
(2) Exterior building and roof colors for
nonresidential development within the
C-1, C-2, and M-1 zoning districts, or any
alterations thereto.
(b) Notwithstanding paragraph (a) of this sec-
tion, if the city manager or designee determines
(at his or her sole discretion) that an application
for community appearance approval is minor or
insignificant, the city manager or designee may
grant approval without submitting the applica-
tion to the community appearance board for
approval, providing the approval is consistent
with the intent and purpose of this article. For
purposes of this paragraph, the phrase "minor or
insignificant" shall mean a small scale renova-
tion or modification project affecting a small site
and having a nominal exterior visual impact and
effect on the community. Any party or person
adversely affected by a decision made by the city
manager or designee may appeal such decision
to the community appearance board.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003,
§ 2, 2-18-03; Ord. No. 05-2008, § 2, 4-15-08; Ord.
No. 13-2011, § 3, 12-20-11)
Sec. 22-41. Compliance with other Code
provisions.
The requirements of this article are deemed
supplemental of, and in addition to, all other
applicable codes adopted by the city including,
but not limited to, the land development regula-
tions, and all fire and building regulations.
Approval of plans and specifications by the com-
munity appearance board shall be construed
only for the limited purpose of complying with
this article, and in no way shall the applicant
construe such approval as evidence of compli-
ance with any other applicable city codes and
regulations.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-42. Procedure.
(a) Submission of application. All applicants
for a building permit, subject to the provisions of
this article, shall submit to the city manager or
designee the documents prescribed in section
22-44, together with an application fee to be
adopted pursuant to appendix B.
(b) Scheduling and notice of hearing. Upon
receipt of the required documents, the city
manager or designee shall forthwith schedule a
hearing on the application before the community
appearance board. Notice of the time and place
of the public hearing shall be given to the
applicant at least seven days prior to the date of
the public hearing. Public notice of the time and
place of the public meeting shall also be posted
at places within the city deemed reasonably
appropriate for providing such notice. Public
notice shall also contain the name of the applicant,
a general description of the property, and a
general description of the applicant's request.
(c) Conduct of hearing; approval or denial. At
the designated public hearing, the community
appearance board shall hear the applicant on the
proposed application, and shall hear from
members of the general public in accordance
with the rules and procedures adopted by the
city council and the board. During the public
hearing, the applicant may be present in person
or by counsel, and the applicant has the right to
present evidence in support of his position and
cross examine adverse witnesses whose testimony
is offered at the hearing. The community appear-
ance board may approve, approve with condi-
tions, or disapprove the application only after
consideration of whether the following criteria
are complied with:
(1) The plans and specifications of the
proposed project indicate that the set-
ting, landscaping, ground cover, propor-
tions, materials, colors, texture, scale,
unity, balance, rhythm, contrast and
simplicity are coordinated in a harmoni-
Supp. No. 32 CD22:6
•
•
•
•
•
•
COMMUNITY DEVELOPMENT
ous manner relevant to the particular
proposal, surrounding area and cultural
character of the community.
(2) The plans for the proposed building or
structure are in harmony with any future
development which has been formally
approved by the city within the surround-
ing area.
(3) The plans for the proposed building or
structure are not excessively similar or
dissimilar to any other building or
structure which is either fully constructed,
permitted but not fully constructed, or
included on the same permit application,
and facing upon the same or intersecting
street within 500 feet of the proposed
site, with respect to one or more of the
following features of exterior design and
appearance:
a. Front or side elevations;
b. Size and arrangement of elevation
facing the street, including reverse
arrangement; or
c. Other significant features of design
such as, but not limited to: materi-
als, roof line and height or design
elements.
(4) The plans for the proposed building or
structure are in harmony with the
established character of other buildings
or structures in the surrounding area
with respect to architectural specifica-
tions and design features deemed
significant based upon commonly accepted
architectural principles of the local com-
munity.
(5) The proposed development of the build-
ing or structure is consistent and compat-
ible with the intent and purpose of this
article, the Comprehensive Plan for Cape
Canaveral, and other applicable federal,
state or local laws.
(6) Within the C-1, C-2, and M-1 zoning
districts, any exterior building or roof
color used shall be well designed and
integrated with the architectural style of
the building and surrounding landscap-
§ 22-43
ing in order to create a subtle and
harmonious effect and promote aesthetic
uniformity within the district. Bright or
brilliant colors shall not be permitted
except for use as an accent color within
the C-1, C-2, or M-1 zoning districts.
(d) Limitations on tabling.
(1) No application before the community
appearance board for a particular develop-
ment, or part thereof, shall be tabled
more than once by request of the board.
Further attempts by the board to table
such application shall permit the applicant
to by-pass the board and seek a hearing
before the city council at its next regular
meeting. In no way shall the applicant be
permitted to by-pass the board if the
board's reason for tabling the application
was caused by the applicant's request,
misconduct or failure to make adequate
preparations for a hearing before the
board.
(2) Notwithstanding the foregoing, the
applicant is permitted to request (once as
a matter of right) that the board table a
particular application. Further attempts
by the applicant to table such an applica-
tion shall be deemed a withdrawal and
the applicant shall be prohibited from
submitting a substantially similar applica-
tion for 30 days from the date of
withdrawal. An application resubmitted
shall begin the application process anew,
including the filing of a new application
and payment of all applicable permit
fees.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003,
§ 2, 2-18-03; Ord. No. 13-2011, § 3, 12-20-11)
Sec. 22-43. Notice of approval or denial.
(a) Promptly after the community appear-
ance board has rendered a decision on a particular
application, the board shall prepare and deliver
to the applicant thereof a formal written notice
which indicates its decision on the application
(approval, approval with conditions, denial). If
the application is approved with conditions, the
notice shall contain a statement which clearly
Supp. No. 32 CD22:7
§ 22-43
CAPE CANAVERAL CODE
indicates the conditions. If the application is
denied, the notice shall contain a statement
which indicates the rationale for denial.
(b) Approvals by the board shall be valid for a
maximum of 12 months from the date the board
renders its approval at a public meeting. If the
applicant fails to obtain a building permit within
the 12-month period, the board's approval shall
expire at the end of the period. Upon written
request of the applicant, the city manager or
designee may, at his or her sole discretion, grant
a request for an additional 12-month period only
if justifiable cause is demonstrated. Any exten-
sion granted by the city manager or designee
shall remain subject to all terms and conditions
imposed as part of the board's original approval.
Notwithstanding the aforesaid, once a building
permit is issued, the board approval shall be
valid for a time period equal to the permit and
shall expire only if the building permit expires.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 07-2003,
§ 2, 3-4-03; Ord. No. 12-2014, § 2, 1-20-15)
Sec. 22-44. Application criteria.
Upon an application created by the city
manager or designee, an applicant shall submit
the following application criteria to the city
manager or designee for consideration by the
community appearance board:
(1) Level 1 review. (Commercial, residential
subdivisions, four or more multifamily
residential, industrial, and mixed -use):
a. Vicinity map locating all zoning clas-
sifications, including orientation of
all color photographs;
b. For new development of unimproved
property, a rendered concept plan
depicting, in detail, location of
landscaping and all the elements on
the site;
c. All preliminary elevations;
d. Materials, texture and colors board
depicting locations of colors; and
e. Minimum of three color photographs
of site and setting.
(2) Level 2 review. (Change of exterior build-
ing or roof color upon commercial or
mixed -use buildings or structures within
the C-1, C-2, M-1, or overlay zoning
districts):
a. Vicinity map locating all zoning clas-
sifications, including orientation of
all color photographs;
b. Materials, texture and color board
depicting location of colors; and
c. Minimum of three color photographs
of site and setting (surrounding
area).
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003,
§ 2, 2-18-03; Ord. No. 07-2003, § 2, 3-4-03; Ord.
No. 13-2011, § 3, 12-20-11)
Sec. 22-45. Concept plans.
All concept plans submitted for consideration
under this article for the new development of
unimproved property shall indicate the following
sufficiently:
(1) Dimensions and orientation of the parcel;
(2) Location, height and use of buildings,
structures and encroachments both exist-
ing and proposed;
(3) Location and arrangement of manmade
and natural ground cover;
(4) Proposed ingress and egress facilities;
(5) A conceptual preliminary landscaping
plan;
(6) Unusual grading or slopes, if any;
(7) Location of walls and fences and the
indication of their height and the materi-
als of their construction;
(8) Location and size and graphic content of
proposed exterior signs, outdoor advertis-
ing or other constructed elements other
than habitable space, if any;
(9) Such other architectural and engineer-
ing data as may be requested to clarify
the presentation.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 13-2011,
§ 3, 12-20-2011)
Supp. No. 32 CD22:8
•
•
•
•
•
COMMUNITY DEVELOPMENT
Sec. 22-46. Appeals and review.
Any person(s) or the city aggrieved by a final
decision rendered by the community appearance
board may appeal the decision to the city council
pursuant to the procedure set forth in section
110-33 of this Code.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 39-2003,
§ 2, 11-18-03; Ord. No. 07-2007, § 3, 12-4-07)
Sec. 22-47. Building permits; enforcement.
Unless otherwise provided by this article, no
building permit shall be issued until the com-
munity appearance board has approved the
proposed building or structure's architectural
specifications and design features, pursuant to
this article. Any final plans and specifications
that differ substantially, in the opinion of the
building official, from the approved application
by the community appearance board shall be
resubmitted prior to the issuance of the building
permit. All approved specifications and design
features shall become a binding condition of, and
made a part of, the building permit(s) secured for
the building or structure associated therewith.
The building permit shall be enforced in a manner
similar to all other building permits issued by
the city. The city shall have the right, power and
ability to recover all costs, expenses and reason-
able attorney's fees ("costs") incurred as a result
of enforcing he permit. All costs shall be a lien on
the property to which the building or structure is
associated from the date the costs become due
until the costs are paid. The owner of the
property shall be obligated to pay the costs,
which obligation may be enforced by the city by
action at law or suit to enforce the lien in the
same manner as the foreclosure of mortgages.
(Ord. No. 16-95, § 2, 12-19-95)
Secs. 22-48, 22-49. Reserved.
ARTICLE IV. COMMUNITY
REDEVELOPMENT
Sec. 22-50. Redevelopment trust fund.
In accordance with the provisions of the Com-
munity Redevelopment Act of 1969, Part III of
Chapter 163, Florida Statutes ("the Act"), there
§ 22-50
is hereby created a community redevelopment
trust fund ("fund"), which fund shall be utilized
and expended for the purposes of and in
accordance with the Cape Canaveral Community
Redevelopment Plan ("plan"), including any
amendments or modifications thereto approved
pursuant to applicable law and pursuant to the
county's delegation of authority set forth in
Brevard County Resolution No. 2012-174, as
may be amended.
(a) The funds to be allocated to and deposited
into the fund shall be used to finance
community redevelopment within the com-
munity redevelopment area ("area")
according to tax increment revenues
attributed to the community redevelop-
ment area, which shall be appropriated
by the Cape Canaveral Community
Redevelopment Agency ("agency"). The
agency shall utilize the funds and
revenues paid into and earned by the
fund for community redevelopment
purposes as provided in the plan and as
permitted by law. The fund shall exist for
the duration of the community redevelop-
ment undertaken by the agency pursu-
ant to the plan to the extent permitted by
the Act. Funds shall be held in the fund
by the City of Cape Canaveral and on
behalf of the agency, and disbursed from
the fund as provided by the agency.
(b) There shall be paid into the fund each
year by all taxing authorities within the
area, the incremental increase in ad
valorem taxes levied each year by those
taxing authorities, as calculated in
accordance with this section and F.S.
§ 163.387, based upon the 2012 tax year
as set forth herein.
(c) The most recent assessment roll used in
connection with the taxation of property
prior to the effective date of this section
shall be the preliminary assessment roll
of taxable real property in Brevard County,
Florida, prepared by the Property
Appraiser of Brevard County, Florida,
and filed with the department of revenue
pursuant to F.S. § 193.1142, reflecting
valuation of real property for purposes of
Supp. No. 32 CD22:9
§ 22-50
CAPE CANAVERAL CODE
ad valorem taxation as of January 1,
2012 ("base year value"), and all deposits
into the fund shall be in the amount of
tax increment calculated as provided
herein based upon increases in valuation
of taxable real property from the base
year value.
(d) All taxing authorities, except as otherwise
exempt by law, shall annually appropri-
ate to and cause to be deposited in the
fund the tax increment determined pursu-
ant to the Act and this section at the
beginning of each fiscal year thereof as
provided in the Act. The obligation of
each taxing authority to annually
appropriate the tax increment for deposit
in the fund shall commence immediately
upon the effective date of this section and
continue to the extent permitted by the
Act so long as any indebtedness pledging
"increment revenue" have been paid.
(e) The tax increment shall be determined
and appropriated annually by each taxing
authority required to pay monies to the
fund, and shall be an amount equal to 95
percent of the difference between:
(1) That amount of ad valorem taxes
levied each year by each taxing
authority, exclusive of any debt
service millage, on taxable real
property contained within the
geographic boundaries of the com-
munity redevelopment area; and
(2) That amount of ad valorem taxes
which would have been produced by
the rate upon which the tax is levied
each year by or for each taxing
authority, exclusive of any debt
service millage, upon the total of
the assessed value of the taxable
real property in the community
redevelopment area as shown upon
the most recent assessment roll used
in connection with the taxation of
such property by each taxing author-
ity, prior to the effective date of this
section.
(f) The funds shall be established and
maintained as a separate trust fund by
the agency so that the fund may be
promptly and effectively administered
and utilized by the agency expeditiously
and without undue delay for its statutory
purpose pursuant to the plan.
(g) The governing body of the agency shall
be the trustees of the fund and shall be
responsible for the receipt, custody,
disbursement, accountability, manage-
ment, investments and proper applica-
tion of all monies paid into the fund.
(Ord. No. 23-2012, § 2, 12-18-12)
Sec. 22-51. Community redevelopment
advisory board.
The city establishes a "City of Cape Canaveral
Community Redevelopment Advisory Board"
which shall be comprised of the members of the
business and economic development board
established and composed under article II of this
chapter. The community redevelopment advisory
board ("board') shall provide advice and recom-
mendations to the board of commissioners of the
City of Cape Canaveral Redevelopment Agency
("agency board") and have the following purposes
and duties:
(1) Provide recommendations to the agency
related to modifying the community
redevelopment plan.
(2) Perform such other duties and
responsibilities that may be formally
delegated by the agency board related to
the implementation of the community
redevelopment plan.
(Ord. No. 03-2023, § 2, 2-21-23)
Supp. No. 32 CD22:10
•
•
•
•
•
•
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.
(a) Candidates for the offices of the mayor
and city council shall meet the eligibility require-
ments set forth in Section 2.02(b) of the City
Charter and shall qualify with the city clerk by
completing and filing qualifying papers designat-
ing the office for which they are a candidate and
paying the applicable qualifying fee and assess-
ment 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 business day. Such qualify-
ing papers shall include all forms required by the
Florida Election Code and a qualifying state-
ment on a form approved by the city council by
resolution attesting to satisfying the eligibility
requirements set forth in Section 2.02(b) of the
City Charter.
(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; Ord. No. 07-2023, § 2, 6-20-23)
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
Supp. No. 32 CD26:3
§ 26-6
CAPE CANAVERAL CODE
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
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. 32 CD26:4
•
•
•
•
•
•
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 11. 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 W. 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. 74-77.5. Golf cart network map.
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. 32 CD74:1
•
•
•
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.
'Driver's license" means a valid license
issued to operate a motor vehicle issued
by the State of Florida or any other state.
"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. 32 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. 74-77.5. Golf cart network map.
(a) Approval of local golf cart network map.
The City Council of the City of Cape Canaveral
hereby approves the golf cart network map, as
illustrated in Figure 1 below. Golf cart use is
hereby authorized on the local roads recom-
mended in the Golf Cart Study and depicted on
the map. Said local roads are hereby considered
"designated roadways" pursuant to section
74-76(b)(ii) of the City Code.
(b) Authorization to purchase and install sig-
nage. The City Council of the City of Cape
Canaveral hereby authorizes the city manager
and his designees to promptly purchase and
install appropriate roadway signage, as recom-
mended in the Golf Cart Study and required by
F.S. § 316.212(1), authorizing and limiting the
use of golf carts on the local roads identified in
the study. Nothing herein shall be interpreted as
authorizing and allowing golf cart use on any
other local roads not identified for such use on
the golf cart network map approved in subsec-
tion (a) herein or on any other roads requiring
approval by a private property owner, Brevard
County, Port Canaveral, or the State of Florida.
Supp. No. 32 CD74:8
•
•
•
•
•
•
TRAFFIC AND VEHICLES
Cape Canaveral Golf Cart Authorized Streets Map
Legend
Recommendations for Golf Cart Network
Golf Carts Allowed
Golf Carts Mowed but Not Recommended
Golf Carts Not Allowed
Sign Locations
o Golf Carts Share the Road
o No Golf Carts Beyond This Point
0 0.25 0.5 Miles
Source: City of Cape Canaveral
(Res. No. 2023-03, §§ 2, 3, 6, 3-21-23)
OAK,LN
§ 74-77.5
Supp. No. 32
CD74:9
§ 74-78
CAPE CANAVERAL CODE
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
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.
Supp. No. 32 CD74:10
•
•
•
•
•
•
TRAFFIC AND VEHICLES § 74-81
(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
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)
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.
Supp. No. 32 CD74:11
§ 74-81
CAPE CANAVERAL CODE
(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)
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. 32 CD74:12
•
•
•
•
•
•
Subpart B
LAND DEVELOPMENT CODE
Chapter 82
BUILDINGS AND BUILDING REGULATIONS*
Article I. General Administrative
Sec. 82-1. Proof of competency.
Sec. 82-2. Local business tax receipt required for contractors.
Sec. 82-3. Building department.
Sec. 82-4. Employee qualifications.
Sec. 82-5. Restrictions on employees.
Sec. 82-6. Records.
Sec. 82-7. Liability.
Sec. 82-8. General.
Sec. 82-9. Right of entry.
Sec. 82-10. Stop work orders.
Sec. 82-11. Revocation of permits.
Sec. 82-12. Unsafe buildings or systems.
Sec. 82-13. Permitting and inspection.
Sec. 82-14. Permit intent.
Sec. 82-15. Schedule of permit fees.
Sec. 82-16. Additional data.
Sec. 82-17. Hazardous occupancies.
Sec. 82-18. Special foundation permit.
Sec. 82-19. Public right-of-way.
Sec. 82-20. Existing building inspections.
Sec. 82-21. Inspection service.
Sec. 82-22. Tests.
Sec. 82-23. Violations and penalties.
Secs. 82-24-82-30. Reserved
Article II. Building Code
Sec. 82-31. Florida Building Code adopted.
*Editor's note -Ord. No. 06-2001, §§ 1, 2, amended ch. 82, arts. I-XIII. These articles also pertained to buildings and
building regulations and derived from the following: Code 1981, §§ 509.13, 547.01, 547.03, 611.07, 612.01, 612.03, 612.05, 612.07,
612.09, 612.11, 612.13, 612.15, 612.17, 612.19, 612.21, 612.23, 612.25, 612.27, 612.29, 613.02-613.04, 614.02, 614.03, 615.01,
615.02, 615.04, 617.01, 617.19, 618.01, 618.03, 618.04, 619.01-619.04, 620.01-620.03, 623.01, 623.07, 625.01-625.03,
627.01-627.03; Ord. No. 10-92, §§ 1(613.01), 1(613.02), adopted Aug. 18, 1992; Ord. No. 11-92, § 1(614.02), adopted June 15,
1993; Ord. No. 12-92, §§ 1(615.01), 1(615.02), adopted Aug. 18, 1992; Ord. No. 13-92, § 1, adopted Aug. 18, 1992; Ord. No. 20-92,
§§ 2, 4, adopted Nov. 5, 1992; Ord. No. 13-93, §§ 1(613.01), 1(613.02), adopted June 15, 1993; Ord. No. 15-93, §§ 1(615.01),
1(615.02), adopted June 15, 1993; Ord. No. 18-93, § 1(627.01), adopted June 15, 1993; Ord. No. 19-19, § 1, adopted Aug. 15, 1995;
Ord. No. 19-95, § 1, adopted Aug. 15, 1995; Ord. No. 20-95 § 1, adopted Aug. 8, 1995; Ord. No. 21-95, § 1, adopted Aug. 15, 1995;
Ord. No. 22-95, § 1, adopted Aug. 15, 1995; Ord. No. 23-95, § 1, adopted Aug. 15, 1995; Ord. No. 8-96, § 1, adopted June 18, 1996;
Ord. No. 3-98, § 1, adopted March 3, 1998; Ord. No. 4-98, § 1, adopted March 3, 1998; Ord. No. 5-98, § 1, adopted March 3, 1998;
Ord. No. 6-98, § 1, adopted March 3, 1998; Ord. No. 7-98, § 1, adopted March 3, 1998; Ord. No. 8-98, § 1, adopted March 3, 1998;
Ord. No. 9-98, § 1, adopted March 3, 1998; and Ord. No. 10-98, § 1, adopted March 3, 1998.
Cross references -Code enforcement, ch. 2, art. VI; outdoor entertainment, § 10-46 et seq.; alarm systems, § 30-26 et seq.;
environment, ch. 34; litter, § 34-26 et seq.; noise, § 34-151 et seq.; lighting regulations, § 34-206 et seq.; fire prevention and
protection, ch. 38; utilities, ch. 78; sanitary sewer system, § 78-26 et seq.; sanitary sewer system impact fees, § 78-121 et seq.;
stormwater management, § 90-116 et seq.; off-street parking requirements, § 110-491 et seq.
State law reference -Construction standards, F.S. ch. 553.
Supp. No. 32 CD82:1
CAPE CANAVERAL CODE
Sec. 82-32. Establishment of construction board of adjustment and appeals.
Sec. 82-33. Appeals.
Sec. 82-34. Procedures of the board.
Secs. 82-35-82-55. Reserved.
Article III. Unsafe Building Abatement Code
Sec. 82-56. Standard Unsafe Building Abatement Code adopted.
Secs. 82-57-82-87. Reserved.
Article IV. Coastal Construction Code
Sec. 82-88. Structural requirements for major structures.
Sec. 82-89. Design conditions.
Secs. 82-90-82-115. Reserved.
Article V. Registration and Maintenance of Properties in Foreclosure
Sec. 82-116. Purpose and intent.
Sec. 82-117. Definitions.
Sec. 82-118. Registration requirements.
Sec. 82-119. Registration fees.
Sec. 82-120. Mortgagee inspection requirements.
Sec. 82-121. Maintenance requirements.
Sec. 82-122. Security requirements.
Sec. 82-123. Additional authority of enforcement officers; immunity.
Sec. 82-124. Enforcement; penalties.
Sec. 82-125. Supplemental authority.
Secs. 82-126-82-145. Reserved.
Article VI. Local Amendments to Florida Building Code, Building
Sec. 82-146. Reserved.
Sec. 82-147. Technical amendments to Florida Building Code, Residential.
Sec. 82-148. Technical amendments to Florida Building Code, Building, and
Florida Building Code, Existing Building.
Secs. 82-149-82-170. Reserved.
Article VII. Reserved
Secs. 82-171-82-195. Reserved.
Article VIII. Reserved
Secs. 82-196-82-220. Reserved.
Article IX. International Property Maintenance Code
Sec. 82-221. International Property Maintenance Code adopted.
Secs. 82-222-82-232. Reserved.
Supp. No. 32 CD82:2
•
•
•
•
•
•
BUILDINGS AND BUILDING REGULATIONS
electrical, gas, mechanical or plumbing system,
or has erected, constructed, altered, repaired,
moved or demolished a building, structure, electri-
cal, gas, mechanical or plumbing system, in
violation of a detailed statement or drawing
submitted and permitted there under, shall be
guilty of a misdemeanor of the second degree
punishable under section 1-15 of the City of Cape
Canaveral Code of Ordinances. Each such person
shall be considered guilty of a separate offense
for each and every day or portion thereof during
which any violation of any of the provisions of
this code is committed or continued, and upon
conviction of any such violation such person
shall be punished within the limits and as
provided by Florida laws.
(Ord. No. 06-2001, § 1, 12-4-01)
Secs. 82-24-82-30. Reserved.
ARTICLE II. BUILDING CODE
Sec. 82-31. Florida Building Code
adopted.
The Florida Building Code, as may be amended
from time to time, as published by the Florida
Building Commission, shall be known as the
City of Cape Canaveral Building Code and is
hereby adopted by reference and incorporated
herein as if fully set out.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
§ 2, 10-4-05; Ord. No. 02-2009, § 2, 3-3-09; Ord.
No. 01-2012, § 2, 2-21-12; Ord. No. 04-2023, § 3,
4-18-23)
Sec. 82-32. Establishment of construction
board of adjustment and
appeals.
There is hereby established a board to be
called the construction board of adjustment and
appeals, which shall consist of five members.
(a) Composition. Members of the construc-
tion board of adjustment and appeals
should be composed of individuals with
knowledge and experience in the techni-
cal codes, such as design professionals,
contractors or building industry
representatives.
§ 82-33
(b) Powers. The construction board of adjust-
ments and appeals shall have the power,
as further defined in section 82-33, to
hear appeals of decisions and interpreta-
tions of the building official and consider
variances of the technical codes.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2003,
§ 8, 7-1-03)
Sec. 82-33. Appeals.
(a) Decisions of the building official. The owner
of a building, structure or service system, or his
duly authorized agent, may appeal a decision of
the building official to the construction board of
adjustment and appeals whenever any one of the
following conditions are claimed to exist:
(1) The building official rejected or refused
to approve the mode or manner of
construction proposed to be followed or
materials to be used in the installation or
alteration of a building, structure or
service system.
(2) The provisions of this code do not apply
to this specific case.
(3) That an equally good or more desirable
form of installation can be employed in
any specific case.
(4) The true intent and meaning of this code
or any of the regulations thereunder
have been misconstrued or incorrectly
interpreted.
(b) Variances. The construction board of adjust-
ments and appeals, when so appealed to and
after a hearing, may vary the application of any
provision of this code to any particular case
when, in its opinion, the enforcement thereof
would do manifest injustice and would be contrary
to the spirit and purpose of this or the technical
codes or public interest, and also finds all of the
following:
(1) That special conditions and circumstances
exist which are peculiar to the building,
structure or service system involved and
which are not applicable to others.
Supp. No. 32 CD82:7
§ 82-33
CAPE CANAVERAL CODE
(2) That the special conditions and
circumstances do not result from the
action or inaction of the applicant.
(3) That granting the variance requested
will not confer on the applicant any
special privilege that is denied by this
code to other buildings, structures or
service system.
(4) That the variance granted is the minimum
variance that will make possible the
reasonable use of the building, structure
or service system.
(5) That the granting of the variance will be
in harmony with the general intent and
purpose of this code and will not be
detrimental to the public health, safety
and general welfare.
(c) Conditions of the variance. In granting the
variance, the board may prescribe a reasonable
time limit within which the action for which the
variance is required shall be commenced or
completed or both. In addition, the board may
prescribe appropriate conditions and safeguards
in conformity with this code. Violation of the
conditions of a variance shall be deemed a
violation of this code.
(d) Notice of appeal. Notice of appeal shall be
in writing and filed within 30 calendar days
after the decision is rendered by the building
official. Appeals shall be in a form acceptable to
the building official.
(e) Unsafe or dangerous buildings or service
systems. In the case of a building, structure or
service system which, in the opinion of the
building official, is unsafe, unsanitary or danger-
ous, the building official may, in his order, limit
the time for such appeals to a shorter period.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-34. Procedures of the board.
(a) Rules and regulations. The board shall
establish rules and regulations for its own
procedure not inconsistent with the provisions of
this code. The board shall meet on call of the
chairperson. The board shall meet within 30
calendar days after notice of appeal has been
received.
(b) Decision. The construction board of adjust-
ment and appeals shall, in every case, reach a
decision without unreasonable or unnecessary
delay. Each decision of the board shall also
include the reasons for the decision. If a decision
of the board reverses or modifies a refusal, order,
or disallowance of the building official or varies
the application of any provision of this code, the
building official shall immediately take action in
accordance with such decision. Every decision
shall be promptly filed in writing in the office of
the building official and shall be open to public
inspection. A certified copy of the decision shall
be sent by mail or otherwise to the appellant and
a copy shall be kept publicly posted in the office
of the building official for two weeks after filing.
Every decision of the board shall be final, subject
however to such remedy as any aggrieved party
might have at law or in equity.
(Ord. No. 06-2001, § 1, 12-4-01)
Secs. 82-35-82-55. Reserved.
ARTICLE III. UNSAFE BUILDING
ABATEMENT CODE
Sec. 82-56. Standard Unsafe Building
• Abatement Code adopted.
The Standard Unsafe Building Abatement
Code, 1985 edition, as published by the Southern
Building Code Congress International, Inc., is
hereby adopted by reference and incorporated
herein as if fully set. The Standard Unsafe
Building Abatement Code is hereby amended to
read as follows:
(a) Section 105.1. The special magistrate or
code enforcement board shall serve as
the board of adjustment and appeals for
this code.
(b) Section 605. Cost of repair or demolition;
lien on property: collection.
1. Upon repair or demolition of any
building or structure, either with
city crews or by independent contrac-
tor, all costs of demolition and/or
repair shall be assessed against and
constitute a lien on the property
upon which the building or structure
Supp. No. 32 CD82:8
•
•
•
•
•
BUILDINGS AND BUILDING REGULATIONS § 82-116
is/was situated. The lien shall be
equal in rank, priority and dignity
with the lien of Brevard County ad
valorem taxes and shall be superior
to all other liens, encumbrances,
titles and claims in, to or against
the property. Cost shall include, but
not limited to, administrative cost,
attorney's fees, postage, newspaper
publication fees and actual costs of
physical removal and/or repair.
2. The city clerk shall file such lien in
the public records of Brevard County
Florida, showing the nature of the
lien, the amount thereof, a legal
description of the property and the
owner thereof. Such liens shall bear
interest from the date of filing at
the highest rate allowed by law.
3. The lien may be enforced in the
same manner as a court judgment
by the sheriffs of the State of Florida,
including levy against personal
property, and may also be foreclosed
in the nature of a mortgage. All
costs and attorney's fees incurred in
collection of amounts due under any
such lien shall also be secured by
the property and included within
the total sum due under the lien.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 16-2017,
§ 2, 1-16-18; Ord. No. 11-2019, § 3, 6-18-19)
Secs. 82-57-82-87. Reserved.
ARTICLE IV. COASTAL CONSTRUCTION
CODE
Sec. 82-88. Structural requirements for
major structures.
(a) Design and construction. Major structures,
except for mobile homes, shall be designed and
constructed in accordance with chapter 16 and
section 3109 of the building code adopted in
section 82-31 using 150 Vult. Major structures,
except mobile homes, shall also comply with the
applicable standards for construction found
elsewhere in this code.
(b) Mobile homes. Mobile homes shall conform
to the federal mobile home construction and
safety standards or the Uniform Standards Code
ANSI A-119.1, pursuant to F.S. § 320.823, as
well as subsection (c) of this section.
(c) Elevation, floodproofing and siting. All
major structures shall be designed, constructed
and located in compliance with chapter 16 and
section 3109, as applicable, and chapter 90 of the
City Code.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
§ 2, 10-4-05; Ord. No. 04-2023, § 3, 4-18-23)
Sec. 82-89. Design conditions.
Velocity pressure. Major structures, except
mobile homes, shall be designed in accordance
with chapter 16 of the building code adopted in
section 82-31.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
§ 2, 10-4-05)
Secs. 82-90-82-115. Reserved.
ARTICLE V. REGISTRATION AND
MAINTENANCE OF PROPERTIES IN
FORECLOSURE
Sec. 82-116. Purpose and intent.
Vacant buildings and real property under
foreclosure are a major source of blight in com-
mercial and residential neighborhoods, especially
when the owner or mortgagee fails to properly
maintain said buildings and property. Vacant
buildings and real property under foreclosure
can also have a negative impact on the local
economy. In many cases, real property under
foreclosure often suffers from lack of maintenance
and becomes neglected during the time it takes a
mortgagee to complete the foreclosure process
and secure the property. Such blight and nega-
tive conditions are hereby declared a public
nuisance. It is the purpose and intent of this
article to establish registration and maintenance
requirements for vacant properties and proper-
ties under foreclosure as a mechanism to protect
Supp. No. 32 CD82:9
§ 82-116
CAPE CANAVERAL CODE
neighborhoods from becoming blighted and
nuisances through lack of adequate maintenance
and security.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-117. Definitions.
In construing the provisions of this article, the
following definitions shall apply:
Building means any structure approved for
occupancy by the city.
Default means the mortgagee files a foreclosure
action in a court of law or records a lis pendens.
Enforcement officer means any code enforce-
ment officer, law enforcement officer, building
official, or fire inspector employed by or contract-
ing with the City of Cape Canaveral authorized
to enforce this article.
Evidence of vacancy means any real property
condition that independently, or in the context of
the totality of the circumstances relevant to the
real property, would lead a reasonable person to
believe that the real property is vacant. Such
conditions may include, but not be limited to,
lack of human occupancy of any building for a
long period of time, overgrown or dead vegeta-
tion; electricity and other utilities turned off;
stagnant swimming pool; accumulation of trash
or debris; the absence of window coverings such
as curtains, blinds, or shutters; the absence of
furnishings or personal items consistent with
habitation or occupancy of a building; state-
ments by neighbors, delivery or government
agents.
Foreclosed property means real property that
is in default.
Local property manager means an individual
property manager, property management
company, property maintenance company or
similar entity with a current business address
and land line telephone number within Brevard,
Indian River, Orange, Osceola, Seminole, or Volu-
sia County, designated by the owner or mortgagee
responsible for the maintenance of abandoned
real property.
Owner of record means the person or entity
holding recorded title to the real property in
question as reflected in the Official Records of
Brevard County, Florida.
Secure manner shall include, but not be limited
to, the closure and locking of all windows, doors,
gates, garages, and other openings that may
allow access to the interior of any building or
structure on the real property. In the case of
broken windows or doors, securing shall mean
replacing the window or door. Temporary board-
ing of openings may be allowed pending repairs
to the extent required by the enforcement officer
to address public safety and emergency situa-
tions.
Vacant means any building that is not law-
fully occupied by human beings or inhabited
based on the evidence of vacancy.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-118. Registration requirements.
(a) Any mortgagee who holds a mortgage on
real property located within the city shall, within
ten days of default by the mortgagor of the real
property that is the security for the mortgage,
register the property with the city. Registration
shall be on a form provided by the city and shall
include, at a minimum, the following:
(1) The mortgagee's name, direct mailing
address, e-mail address, contact person,
and telephone number;
(2) The address and parcel identification
number of the real property that is being
foreclosed upon by mortgagee;
(3) Whether the property is vacant or occupied
during the default period;
(4) If the real property is, or becomes, vacant,
the name, street address, e-mail address,
and telephone number of the local property
manager that will work on the mortgagee's
behalf to inspect, maintain, and secure
the real property;
(5) If a foreclosure complaint involving the
real property has been filed in circuit
court, or the real property is subject to a
Supp. No. 32 CD82:10
•
•
•
•
•
•
BUILDINGS AND BUILDING REGULATIONS
bankruptcy proceeding, the style of the
case, including, court name, case number,
and parties;
(6) Express authorization for city employees
to enter upon the exterior of the property
in the event the property becomes vacant
for the purpose of ensuring compliance
with this article.
(b) At the city's discretion, registration required
by this section shall be made on a paper form or
electronically. If the city chooses electronic
registration, the city may retain the services of a
third party to handle the registration require-
ments, provided the information obtained pursu-
ant to this section is made readily available to
the city and accessible pursuant to the public
records laws of Florida.
(c) Any person or other legal entity that has
registered a property under this section shall be
required to report any change of information
contained in the registration within ten days of
the change.
(d) In the event there are several mortgagees
with mortgages on the property, the registration,
inspection, maintenance, and security require-
ments imposed by this article shall apply to the
mortgagee with the most superior mortgage that
has declared the mortgage in default unless the
several mortgagees notify the city to the contrary
in writing. However, nothing herein shall prevent
inferior mortgagees from voluntarily complying
with this article after a primary mortgagee
registers hereunder.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-119. Registration fees.
The city council shall establish, by resolution,
fees for the registration and re -registration
requirements required by this article. Said fees
shall be based on the reasonable estimated cost
of administering the provisions of this article
and shall be due and payable at the time of
registration or re -registration. The fee schedule
may be based on the size and type of property
being registered.
(Ord. No. 07-2012, § 2, 5-15-12)
§ 82-121
Sec. 82-120. Mortgagee inspection require-
ments.
If the foreclosed property becomes vacant at
any time, the mortgagee shall initiate and
maintain on -site inspections of the property at
least once every 30 days to verify compliance
with this article. Said inspections shall continue
until such time as the default is cured, or the
mortgagee completes the foreclosure process and
the property is sold to a third party either
directly by the mortgagee or at a foreclosure
sale. Once the property is sold, the mortgagee
shall provide the city written proof of the sale in
order to be relieved of the requirements of this
article.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-121. Maintenance requirements.
The following maintenance requirements shall
apply to properties subject to this article:
(a) The property shall be kept free of exces-
sive weeds, overgrown brush, dead vegeta-
tion, trash, junk, debris, building
materials, any accumulation of
newspapers, circulars, flyers, notices
(excluding those required by federal, state,
or local law), discarded personal items
such as furniture, clothing, appliances,
printed materials or any other items that
give the appearance that the property is
abandoned or not being properly
maintained.
(b) The property shall be maintained free of
graffiti or similar markings by removal
or painting over with an exterior grade
paint that matches the color of the exterior
of the structure.
(c) Yards on developed property shall be
regularly landscaped and maintained in
good condition pursuant to the property
maintenance standards set forth in the
City Code. At a minimum, landscaping
on developed property shall include, but
not be limited to, grass, ground covers,
bushes, shrubs, hedges, mulch, or similar
plantings which are appropriately
designed for residential, commercial, or
industrial installation as applicable.
Supp. No. 32 CD82:11
§ 82-121
CAPE CANAVERAL CODE
Maintenance on developed property shall
include, but not be limited to, watering,
irrigation, cutting and mowing of required
landscape and removal of all trimmings.
Undeveloped property that has been
cleared shall be maintained in good condi-
tion free of excessive weeds, debris, and
junk pursuant to the property
maintenance standards set forth in the
City Code. Property in a natural condi-
tion shall be maintained in its natural
condition free and clear of debris and
junk.
(d) Pools and spas shall be regularly kept in
working order so that pool and spa water
remains free and clear of pollutants and
debris. Pools and spas shall comply with
the enclosure requirements of the City
Code and Florida Building Code.
(e) Outdoor play equipment, furnishings, or
other accessory structures shall be
properly maintained and secured so as
not to be accessible to unauthorized
persons or not to create an attractive
nuisance or safety hazard.
(f) The property shall be regularly monitored
for indications of criminal activity on the
premises such as use and sale of controlled
substances, prostitution, and criminal
street gang activity. Any indication of
criminal activity shall be reported to the
sheriffs department at such time it
becomes reasonably known.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-122. Security requirements.
(a) Buildings and structures subject to this
article, and property subject to this article which
is required to be enclosed or secured in accordance
with law, shall be maintained in a secure manner
at all times so as not to be accessible to unauthor-
ized persons.
(b) If a foreclosed property becomes vacant,
the mortgagee shall perform, or designate a local
property manager to perform on the mortgagee's
behalf, on -site inspections of the foreclosed
property to verify compliance with the require-
ments of this article, and any other applicable
laws. Said inspections shall occur a minimum of
once every 30 calendar days unless an enforce-
ment officer determines, in writing, that more
frequent inspections are required to ensure compli-
ance with this article or to prevent a decline of
the property, a public or attractive nuisance, or a
blight on the surrounding neighborhood. At the
written request of the city prior to any inspection
required by this article, the person performing
the inspection shall be required to schedule the
inspection with the city for a date and time
certain so that an enforcement officer can meet
the person on -site in order to address any compli-
ance issues under this article.
(c) When a foreclosed property becomes vacant,
it shall be posted as follows:
(1) The posting shall contain the name and
telephone number of the local property
manager, who shall be accessible at said
telephone number 24 hours per day. The
posting shall be on white paper 81/2 by 11
inches in size and shall be in a type no
smaller than 24 point.
(2) The posting shall contain language
substantially similar to the following:
THIS PROPERTY IS MANAGED BY
[NAME OF LOCAL PROPERTY
MANAGER]. TO REPORT PROBLEMS
OR CONCERNS, CALL [TELEPHONE
NUMBER(S) OF LOCAL PROPERTY
MANAGER] .
(3) The posting shall be placed on the interior
of a window facing the street to the front
of the property so that it is visible from
the street, or secured to the exterior of
the building/structure facing the street
to the front of the property so that it is
visible from the street, or if no such area
exist, on a stake of sufficient size to
support the posting in a location that is
at all times visible from the street to the
front of the property but not readily
accessible to vandals. Exterior posting
shall be constructed of and printed with
weather -resistant materials.
(Ord. No. 07-2012, § 2, 5-15-12)
Supp. No. 32 CD82:12
•
•
•
•
•
BUILDINGS AND BUILDING REGULATIONS § 82-147
Sec. 82-123. Additional authority of
enforcement officers;
immunity.
(a) Enforcement officers shall have the author-
ity to require the mortgagee and/or owner of
record affected by this section to implement
additional maintenance and/or security measures
including, but not limited to, securing or repair-
ing of any and all doors, windows, or other
openings, chaining or pad locking gates, repair-
ing fences and gates, or other measure as may be
reasonably required to prevent a decline of the
property, a public or attractive nuisance, or a
blight on the surrounding neighborhood.
Temporary boarding of openings may be allowed
pending repairs to the extent required by an
enforcement officer to address public safety and
emergency situations. Said additional require-
ments shall be stated in writing and shall have
the force of law under this article.
(b) Any enforcement officer authorized by the
city to enforce this article shall be immune from
prosecution, civil or criminal, for reasonable
good faith entry or trespass upon any real property
while in the discharge of duties imposed by this
article.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-124. Enforcement; penalties.
(a) The provisions of this article may be
enforced and penalties imposed on mortgagees
and/or owners of record for violations of this
article as provided by law. Without limiting the
city's right to impose any other penalties as
provided by law, or to enforce this article by any
other lawful means, a violation of this article
shall be deemed a class IV violation for code
enforcement citation purposes. Nothing under
this article shall be construed as imposing liability
on local property managers acting on a
mortgagee's behalf pursuant to this article.
(b) Upon failure of the mortgagee to comply
with the maintenance or security requirements
under this article, the city manager or designee
may take such appropriate action deemed neces-
sary to remedy a maintenance and security
failure on property subject to this article. Any
such action taken on such premises shall be
charged against the real estate upon which the
building or structure is located and shall be a
lien upon such real estate. Any such lien shall be
superior to all other liens except those of state,
county or municipal taxes and shall be on a
parity with liens of state, county or municipal
taxes. Further, such lien shall bear interest at
the maximum rate permitted by state law and
costs of collection, and shall continue to be a lien
against the real estate until paid.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-125. Supplemental authority.
This article shall be deemed in addition and
supplemental to any other provision of law.
(Ord. No. 07-2012, § 2, 5-15-12)
Secs. 82-126-82-145. Reserved.
ARTICLE VI. LOCAL AMENDMENTS TO
FLORIDA BUILDING CODE, BUILDING*
Sec. 82-146. Reserved.
Editor's note —Ord. No. 04-2023, § 3, adopted April 18,
2023, repealed § 82-146, which pertained to administrative
amendments to Florida Building Code, Building and derived
from Ord. No. 04-2014, § 4, adopted Feb. 18, 2014.
Sec. 82-147. Technical amendments to
Florida Building Code,
Residential.
Modify a definition in Section 202 as follows:
SUBSTANTIAL IMPROVEMENT. Any
combination of repair, reconstruction,
rehabilitation, addition or improvement of a
building or structure taking place during a
10-year period, the cumulative cost of which
equals or exceeds 50 percent of the market
value of the building or structure before the
improvement or repair is started. For each
building or structure, the 10-year period begins
on the date of the first improvement or repair
of building or structure subsequent to April 9,
2002. If the structure has incurred "substantial
*Editor's note —Prior to reenactment by Ord. No. 04-2014,
§ 4, adopted Feb. 18, 2014, Ord. No. 12-2005, § 3, adopted
Oct. 4, 2005, repealed art. VI, which pertained to plumbing
and derived from Ord. No. 06-2001, § 1, adopted Dec. 4, 2001
Supp. No. 32 CD82:13
§ 82-147
CAPE CANAVERAL CODE
damage", any repairs are considered substantial
improvement regardless of the actual repair
performed. The term does not, however, include
either:
1. Any project for improvement of a build-
ing required to correct existing health,
sanitary or safety code violations identi-
fied by the building official and that are
the minimum necessary to assure safe
living conditions.
2. Any alteration of a historic structure
provided that the alteration will not
preclude the structure's continued
designation as a historic structure.
(Ord. No. 04-2014, § 4, 2-18-14; Ord. No. 04-2023,
§ 3, 4-18-23)
Sec. 82-148. Technical amendments to
Florida Building Code, Build-
ing, and Florida Building
Code, Existing Building.
Modify a definition in Section 1612.2. as
follows:
SUBSTANTIAL IMPROVEMENT. Any
combination of repair, reconstruction,
rehabilitation, addition or improvement of a
building or structure taking place during a
10-year period, the cumulative cost of which
equals or exceeds 50 percent of the market
value of the building or structure before the
improvement or repair is started. For each
building or structure, the 10-year period begins
on the date of the first improvement or repair
of building or structure subsequent to April 9,
2002. If the structure has incurred "substantial
damage", any repairs are considered substantial
improvement regardless of the actual repair
performed. The term does not, however, include
either:
1. Any project for improvement of a build-
ing required to correct existing health,
sanitary or safety code violations identi-
fied by the building official and that are
the minimum necessary to assure safe
living conditions.
2. Any alteration of a historic structure
provided that the alteration will not
preclude the structure's continued
designation as a historic structure.
(Ord. No. 04-2014, § 4, 2-18-14; Ord. No. 04-2023,
§ 3, 4-18-23)
Secs. 82-149-82-170. Reserved.
ARTICLE VII. RESERVED*
Secs. 82-171-82-195. Reserved.
ARTICLE VIII. RESERVED'
Secs. 82-196-82-220. Reserved.
ARTICLE IX. INTERNATIONAL
PROPERTY MAINTENANCE CODE
Sec. 82-221. International Property
Maintenance Code adopted.
(a) The International Property Maintenance
Code, 2018 edition, as published by the
International Code Council (hereinafter referred
to as the "IPMC" or this "code"), is hereby
adopted by reference and incorporated herein as
if fully set out. Section 101.1 of the IPMC is
amended to state that Section 82-221 of the City
Code shall be known as the "International
Property Maintenance Code of the City of Cape
Canaveral, Florida."
(b) One or more special magistrates appointed
by the city council or city manager shall be
authorized to hear and decide appeals pursuant
to the section 111 of the IPMC. The primary
special magistrate shall be appointed by the city
council. However, the city manager shall have
the authority to appoint secondary and alternate
special magistrates on an as needed basis in
situations when the primary special magistrate
has a conflict of any kind; is unavailable on
*Editor's note —Ord. No. 12-005, § 3, adopted Oct. 4,
2005, repealed art. VII, which pertained to fuel gas.
tEditor's note —Ord. No. 12-2005, § 3, adopted Oct. 4,
2005, repealed art. VIII, which pertained to mechanical and
derived from Ord. No. 06-2001, § 1, adopted Dec. 4, 2001.
Supp. No. 32 CD82:14
•
•
•
•
•
•
BUILDINGS AND BUILDING REGULATIONS § 82-221
account of illness, disability or death; or the
city's case load temporarily requires an additional
special magistrate to handle cases in a timely
manner. Appeal hearings shall be publicly noticed
and held within 30 days of filing an appeal or at
such other time required by the city manager in
order to afford due process or address scheduling
conflicts. Special magistrates shall be members
of the Florida Bar in good standing for five or
more years. Special magistrates must demonstrate
satisfactory knowledge of municipal law and the
general procedures for enforcement of municipal
codes, and must demonstrate a temperament
suitable for the exercise of quasi-judicial powers
vested in each special magistrate. Consistent
with the City Code and other applicable law,
special magistrates shall also have the power to
adopt administrative rules for the efficient conduct
of hearings; subpoena alleged violators and wit-
nesses for hearings and said subpoenas shall be
served by the county sheriff, a process server, or
the city staff; subpoena evidence deemed relevant
to hearings; take testimony under oath; assess
and order the payment of civil penalties as
provided under this code; issue orders having the
force of law to command whatever steps are
necessary to bring a violation into compliance.
Special magistrates shall not be city employees
or officers. The city manager shall be responsible
for negotiating and executing a contract on
behalf of the city with the special magistrate and
the special magistrate may be terminated by the
city council or city manager, with or without
cause, and compensated at a rate to be agreed
upon in the contract. The contract will be in a
form prepared and approved by the city attorney.
(c) The following sections of the IPMC are
hereby revised or deleted as follows:
(1) That references to the board of appeals
in the IPMC shall refer to and mean the
special magistrate appointed pursuant
to subsection (b). A special magistrate
shall not hear an appeal in which that
magistrate has a personal, professional
or financial interest or conflict. The city
manager shall designate a qualified person
to serve as secretary to the special
magistrate. The secretary shall provide
administrative assistance for, and
maintain a detailed record of, all proceed-
ings of the special magistrate. Further,
sections 111.2, 111.2.1, 111.2.2, 111.2.5
and 111.3 of the IPMC are hereby deleted.
(2) Section 102.1, entitled General, is hereby
replaced in its entirety as follows:
Where there is a conflict between a general
requirement and a specific requirement,
the specific requirement shall govern.
Where differences occur between provi-
sions of this code and the referenced
standards, the provisions of this code
shall apply. Where, in a specific case,
different sections of this code specify
different requirements or specify differ-
ent requirements set forth in other
applicable provisions of the City Code,
the most restrictive requirement shall
govern.
(3) Section 102.3, entitledApplication of other
codes, is hereby replaced in its entirety
as follows:
Repairs, additions or alterations to a
structure, or changes of occupancy, shall
be done in accordance with the procedures
and provisions of the City Code, Florida
Building Code, Florida Fire Prevention
Code and other codes adopted by the city,
and such codes shall apply, when deemed
applicable by the code official, in lieu of
any international or national code
referenced in the IPMC. Nothing in this
code shall be construed to cancel, modify
or set aside any provision of the Florida
Building Code, Florida Fire Prevention
Supp. No. 32 CD82:15
•
•
•
FLOODS
Part D. Manufactured Homes
Sec. 90-88. General.
Sec. 90-89. Foundations.
Sec. 90-90. Anchoring.
Sec. 90-91. Elevation.
Sec. 90-92. Enclosures.
Sec. 90-93. Utility equipment.
Secs. 90-94, 90-95. Reserved.
Sec. 90-96.
Sec. 90-97.
Part E. Recreational Vehicles and Park Trailers
Temporary placement.
Permanent placement.
Part F. Tanks
Sec. 90-98. Underground tanks.
Sec. 90-99. Above -ground tanks, not elevated.
Sec. 90-100. Above -ground tanks, elevated.
Sec. 90-101. Tank inlets and vents.
Part G. Other Development
Sec. 90-102. General requirements for other development.
Sec. 90-103. Fences in regulated floodways.
Sec. 90-104. Retaining walls, sidewalks and driveways in regulated flood -
ways.
Sec. 90-105. Roads and watercourse crossings in regulated floodways.
Sec. 90-106. Concrete slabs used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstructural uses in
coastal high hazard areas (Zone V).
Sec. 90-107. Decks and patios in coastal high hazard areas (Zone V).
Sec. 90-108. Other development in coastal high hazard areas (Zone V).
Sec. 90-109. Nonstructural fill in coastal high hazard areas (Zone V).
Sec. 90-110. Non -elevated accessory structures.
Article III. Reserved
Secs. 90-111-90-115. Reserved.
Article IV. Stormwater Management
Division 1. Generally
Sec. 90-116. Definitions.
Sec. 90-117. Purpose and intent.
Sec. 90-118. Relationship to other stormwater management requirements.
Sec. 90-119. Status of previous approvals.
Sec. 90-120. Enforcement and penalties.
Sec. 90-121. Variances.
Secs. 90-122-90-130. Reserved.
Division 2. Permit
Sec. 90-131. Required.
Sec. 90-132. Exemptions.
Sec. 90-133. Application -Plan required.
Sec. 90-134. Same -Information required.
Secs. 90-135-90-145. Reserved.
Supp. No. 32 CD90:3
CAPE CANAVERAL CODE
Division 3. Performance Standards
Sec. 90-146. Computations.
Sec. 90-147. Rainfall intensity.
Sec. 90-148. Water quantity requirements.
Sec. 90-149. Water quality requirements.
Secs. 90-150-90-160. Reserved.
Division 4. Design Standards
Sec. 90-161. Conformance to standards.
Sec. 90-162. Detention and retention systems.
Sec. 90-163. Best management practices.
Sec. 90-164. Compliance with county or city stormwater management master
plan.
Sec. 90-165. Directing runoff.
Sec. 90-166. Configurations creating stagnant water conditions.
Sec. 90-167. Accommodation of stormwaters on -site and off -site.
Sec. 90-168. Proper functioning.
Sec. 90-169. Certification.
Sec. 90-170. Surface water channeled into sanitary sewer.
Sec. 90-171. Compatibility with adjacent drainage systems.
Sec. 90-172. Banks of detention and retention areas.
Sec. 90-173. Alteration of natural surface waters.
Sec. 90-174. Configuration of shoreline of detention and retention areas.
Sec. 90-175. Natural surface waters used as sediment traps.
Sec. 90-176. Water reuse and conservation.
Sec. 90-177. Native vegetation buffers.
Sec. 90-178. Phased developments.
Sec. 90-179. Notification of discharge volumes.
Sec. 90-180. Construction methods and materials.
Sec. 90-181. Control elevation.
Secs. 90-182-90-190. Reserved.
Division 5. Maintenance
Sec. 90-191. Dedication.
Sec. 90-192. Maintenance by approved entity.
Sec. 90-193. Plan for operation and maintenance program.
Sec. 90-194. Failure to maintain.
Sec. 90-195. Inspections.
Secs. 90-196-90-199. Reserved.
Article V. Construction Site Stormwater Runoff Control
Sec. 90-200. Definitions.
Sec. 90-201. Permits.
Sec. 90-202. Review and approval.
Sec. 90-203. Erosion and sediment control plan.
Sec. 90-204. Design requirements.
Sec. 90-205. Inspection.
Sec. 90-206. Enforcement, inspections and penalties.
Sec. 90-207. Emergency exemption.
Supp. No. 32 CD90:4
•
•
•
•
•
FLOODS § 90-29
ARTICLE I. IN GENERAL
Secs. 90-1-90-25. Reserved.
ARTICLE II. FLOODPLAIN
MANAGEMENT*
DIVISION 1. ADMINISTRATION
Part A. General
Sec. 90-26. Title.
This article shall be known as the Floodplain
Management Ordinance of the City of Cape
Canaveral.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-27. Scope.
The provisions of this article shall apply to all
development that is wholly within or partially
within any flood hazard area, including but not
limited to the subdivision of land; filling, grad-
ing, and other site improvements and utility
installations; construction, alteration, remodel-
ing, enlargement, improvement, replacement,
repair, relocation or demolition of buildings,
structures, and facilities that are exempt from
the Florida Building Code; placement, installa-
tion, or replacement of manufactured homes and
manufactured buildings; installation or replace-
ment of tanks; placement of recreational vehicles;
installation of swimming pools; and any other
development.
(Ord. No. 04-2014, § 3, 2-18-14)
*Editor's note -Ord. No. 04-2014, § 2, adopted Feb. 18,
2014, repealed the former Art. II, §§ 90-26-90-36, 90-46-
90-50, 90-61-90-68. Section 3 of said ordinance enacted a
new Art. II as set out herein. The former Art. II pertained to
flood damage prevention and derived from Code 1981,
§§ 624.01-624.03, 624.07, 624.09-624.15, 624.19-624.22,
624.26-624.30, 624.32; Ord. No. 7-92, § 1, adopted July 21,
1992; Ord. No. 25-92, §§ 1, 2, adopted Jan. 5, 1993; Ord. No.
21-93, §§ 1-3, adopted July 6, 1993; Ord. No. 6-94, § 1,
adopted Feb. 1, 1994; Ord. No. 10-2003, § 2, adopted May 6,
2003; Ord. No. 07-2007, § 5, adopted Dec. 4, 2007.
Sec. 90-28. Intent.
The purposes of this article and the flood load
and flood resistant construction requirements of
the Florida Building Code are to establish
minimum requirements to safeguard the public
health, safety, and general welfare and to minimize
public and private losses due to flooding through
regulation of development in flood hazard areas
to:
(a) Minimize unnecessary disruption of com-
merce, access and public service during
times of flooding;
(b) Require the use of appropriate construc-
tion practices in order to prevent or
minimize future flood damage;
(c) Manage filling, grading, dredging, mining,
paving, excavation, drilling operations,
storage of equipment or materials, and
other development which may increase
flood damage or erosion potential;
(d) Manage the alteration of flood hazard
areas, watercourses, and shorelines to
minimize the impact of development on
the natural and beneficial functions of
the floodplain;
(e) Minimize damage to public and private
facilities and utilities;
(f) Help maintain a stable tax base by provid-
ing for the sound use and development of
flood hazard areas;
(g) Minimize the need for future expenditure
of public funds for flood control projects
and response to and recovery from flood
events; and
(h) Meet the requirements of the National
Flood Insurance Program for community
participation as set forth in the Title 44
Code of Federal Regulations, Section
59.22.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-29. Coordination with the Florida
Building Code.
This article is intended to be administered
and enforced in conjunction with the Florida
Supp. No. 32 CD90:5
§ 90-29 CAPE CANAVERAL CODE
Building Code. Where cited, ASCE 24 refers to
the edition of the standard that is referenced by
the Florida Building Code.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-30. Warning.
The degree of flood protection required by this
article and the Florida Building Code, as amended
by the city, is considered the minimum reason-
able for regulatory purposes and is based on
scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be
increased by man-made or natural causes. This
article does not imply that land outside of mapped
special flood hazard areas, or that uses permit-
ted within such flood hazard areas, will be free
from flooding or flood damage. The flood hazard
areas and base flood elevations contained in the
Flood Insurance Study and shown on Flood
Insurance Rate Maps and the requirements of
Title 44 Code of Federal Regulations, Sections 59
and 60 may be revised by the Federal Emergency
Management Agency, requiring the city to revise
these regulations to remain eligible for participa-
tion in the National Flood Insurance Program.
No guaranty of vested use, existing use, or future
use is implied or expressed by compliance with
this article.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-31. Disclaimer of liability.
This article shall not create liability on the
part of the City Council of the City of Cape
Canaveral or any officer or employee thereof for
any flood damage that results from reliance on
this article or any administrative decision law-
fully made thereunder.
(Ord. No. 04-2014, § 3, 2-18-14)
Part B. Applicability
Sec. 90-32. General.
Where there is a conflict between a general
requirement and a specific requirement, the
specific requirement shall be applicable.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-33. Areas to which this article
applies.
This article shall apply to all flood hazard
areas within the City of Cape Canaveral, as
established in section 90-34.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-34. Basis for establishing flood
hazard areas.
The Flood Insurance Study for Brevard County,
Florida and Incorporated Areas dated March 17,
2014, and all subsequent amendments and revi-
sions, and the accompanying Flood Insurance
Rate Maps (FIRM), and all subsequent amend-
ments and revisions to such maps, are adopted
by reference as a part of this article and shall
serve as the minimum basis for establishing
flood hazard areas. Studies and maps that
establish flood hazard areas are on file at City
Hall.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-35. Submission of additional data
to establish flood hazard areas.
To establish flood hazard areas and base flood
elevations, pursuant to part E of this division,
the floodplain administrator may require submis-
sion of additional data. Where field surveyed
topography prepared by a Florida licensed profes-
sional surveyor or digital topography accepted
by the city indicates that ground elevations:
(a) Are below the closest applicable base
flood elevation, even in areas not
delineated as a special flood hazard area
on a FIRM, the area shall be considered
as flood hazard area and subject to the
requirements of this article and, as
applicable, the requirements of the Florida
Building Code.
(b) Are above the closest applicable base
flood elevation, the area shall be regulated
as special flood hazard area unless the
applicant obtains a Letter of Map Change
that removes the area from the special
flood hazard area.
(Ord. No. 04-2014, § 3, 2-18-14; Ord. No. 04-2023,
§ 2, 4-18-23)
Supp. No. 32 CD90:6
•
•
•
•
•
•
FLOODS § 90-37
Sec. 90-36. Other laws.
The provisions of this article shall not be
deemed to nullify any provisions of local, state or
federal law.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-37. Abrogation and greater
restrictions.
This article supersedes any ordinance in effect
for management of development in flood hazard
Supp. No. 32 CD90:6.1
•
•
•
FLOODS § 90-63
ments, will not increase the base flood
elevation more than one foot at any point
within the city. This requirement does
not apply in isolated flood hazard areas
not connected to a riverine flood hazard
area or in flood hazard areas identified
as Zone AO or Zone AH.
(c) For alteration of a watercourse, an
engineering analysis prepared in
accordance with standard engineering
practices which demonstrates that the
flood -carrying capacity of the altered or
relocated portion of the watercourse will
not be decreased, and certification that
the altered watercourse shall be
maintained in a manner which preserves
the channel's flood -carrying capacity; the
applicant shall submit the analysis to
FEMA as specified in section 90-59.
(d) For activities that propose to alter sand
dunes or mangrove stands in coastal
high hazard areas (Zone V), an engineer-
ing analysis that demonstrates that the
proposed alteration will not increase the
potential for flood damage.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-59. Submission of additional data.
When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses
are submitted to support an application, the
applicant has the right to seek a Letter of Map
Change from FEMA to change the base flood
elevations, change floodway boundaries, or change
boundaries of flood hazard areas shown on FIRMs,
and to submit such data to FEMA for such
purposes. The analyses shall be prepared by a
Florida licensed engineer in a format required by
FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
(Ord. No. 04-2014, § 3, 2-18-14)
Part F. Inspections
Sec. 90-60. General.
Development for which a floodplain develop-
ment permit or approval is required shall be
subject to inspection.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-61. Development other than build-
ings and structures.
The floodplain administrator shall inspect all
development to determine compliance with the
requirements of this article and the conditions of
issued floodplain development permits or approv-
als.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-62. Buildings, structures and
facilities exempt from the
Florida Building Code.
The floodplain administrator shall inspect
buildings, structures and facilities exempt from
the Florida Building Code to determine compli-
ance with the requirements of this article and
the conditions of issued floodplain development
permits or approvals.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-63. Buildings, structures and
facilities exempt from the
Florida Building Code, lowest
floor inspection.
Upon placement of the lowest floor, including
basement, and prior to further vertical construc-
tion, the owner of a building, structure or facility
exempt from the Florida Building Code, or the
owner's authorized agent, shall submit to the
floodplain administrator:
(a) If a design flood elevation was used to
determine the required elevation of the
lowest floor, the certification of elevation
of the lowest floor prepared and sealed
by a Florida licensed professional
surveyor; or
(b) If the elevation used to determine the
required elevation of the lowest floor was
determined in accordance with section
90-57(c)(2), the documentation of height
of the lowest floor above highest adjacent
grade, prepared by the owner or the
owner's authorized agent.
(Ord. No. 04-2014, § 3, 2-18-14)
Supp. No. 32 CD90:13
§ 90-64
CAPE CANAVERAL CODE
Sec. 90-64. Buildings, structures and
facilities exempt from the
Florida Building Code, final
inspection.
As part of the final inspection, the owner or
owner's authorized agent shall submit to the
floodplain administrator a final certification of
elevation of the lowest floor or final documenta-
tion of the height of the lowest floor above the
highest adjacent grade; such certifications and
documentations shall be prepared as specified in
section 90-63.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-65. Manufactured homes.
The building official shall inspect manufactured
homes that are installed or replaced in flood
hazard areas to determine compliance with the
requirements of this article and the conditions of
the issued permit. Upon placement of a
manufactured home, certification of the eleva-
tion of the lowest floor shall be submitted to the
building official.
(Ord. No. 04-2014, § 3, 2-18-14)
Part G. Variances and Appeals
Sec. 90-66. General.
The construction board of adjustments and
appeals shall hear and decide on requests for
appeals and requests for variances from the
strict application of this article. Pursuant to F.S.
§ 553.73(5), the construction board of adjust-
ments and appeals shall hear and decide on
requests for appeals and requests for variances
from the strict application of the flood resistant
construction requirements of the Florida Build-
ing Code. This section does not apply to Section
3109 of the Florida Building Code, Building.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-67. Appeals.
The construction board of adjustments and
appeals shall hear and decide appeals when it is
alleged there is an error in any requirement,
decision, or determination made by the floodplain
administrator in the administration and enforce-
ment of this article. Every decision of the construc-
tion board of adjustments and appeals shall be
final, subject however to such remedy as any
aggrieved party might have at law or in equity.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-68. Limitations on authority to
grant variances.
The construction board of adjustments and
appeals shall base its decisions on variances on
technical justifications submitted by applicants,
the considerations for issuance in section 90-72,
the conditions of issuance set forth in section
90-73, and the comments and recommendations
of the floodplain administrator and the building
official. The construction board of adjustments
and appeals has the right to attach such condi-
tions as it deems necessary to further the purposes
and objectives of this article.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-69. Restrictions in floodways.
A variance shall not be issued for any proposed
development in a floodway if any increase in
base flood elevations would result, as evidenced
by the applicable analyses and certifications
required in section 90-58.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-70. Historic buildings.
A variance is authorized to be issued for the
repair, improvement, or rehabilitation of a historic
building that is determined eligible for the excep-
tion to the flood resistant construction require-
ments of the Florida Building Code, Existing
Building, Chapter 12 Historic Buildings, upon a
determination that the proposed repair, improve-
ment, or rehabilitation will not preclude the
building's continued designation as a historic
building and the variance is the minimum neces-
sary to preserve the historic character and design
of the building. If the proposed work precludes
the building's continued designation as a historic
building, a variance shall not be granted and the
building and any repair, improvement, and
rehabilitation shall be subject to the require-
ments of the Florida Building Code.
(Ord. No. 04-2014, § 3, 2-18-14; Ord. No. 04-2023,
§ 2, 4-18-23)
Supp. No. 32 CD90:14
•
•
•
•
•
FLOODS § 90-73
Sec. 90-71. Functionally dependent uses.
A variance is authorized to be issued for the
construction or substantial improvement neces-
sary for the conduct of a functionally dependent
use, as defined in this article, provided the
variance meets the requirements of section 90-69,
is the minimum necessary considering the flood
hazard, and all due consideration has been given
to use of methods and materials that minimize
flood damage during occurrence of the base flood.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-72. Considerations for issuance of
variances.
In reviewing requests for variances, the
construction board of adjustments and appeals
shall consider all technical evaluations, all
relevant factors, all other applicable provisions
of the Florida Building Code, this article, and the
following:
(a) The danger that materials and debris
may be swept onto other lands resulting
in further injury or damage;
(b) The danger to life and property due to
flooding or erosion damage;
(c) The susceptibility of the proposed develop-
ment, including contents, to flood damage
and the effect of such damage on current
and future owners;
(d) The importance of the services provided
by the proposed development to the city;
(e) The availability of alternate locations for
the proposed development that are subject
to lower risk of flooding or erosion;
(f) The compatibility of the proposed develop-
ment with existing and anticipated
development;
(g) The relationship of the proposed develop-
ment to the comprehensive plan and
floodplain management program for the
area;
(h) The safety of access to the property in
times of flooding for ordinary and
emergency vehicles;
(i) The expected heights, velocity, duration,
rate of rise and debris and sediment
transport of the floodwaters and the effects
of wave action, if applicable, expected at
the site; and
(j) The costs of providing governmental
services during and after flood conditions
including maintenance and repair of public
utilities and facilities such as sewer, gas,
electrical and water systems, streets and
bridges.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-73. Conditions for issuance of
variances.
Variances shall be issued only upon:
(a) Submission by the applicant, of a show-
ing of good and sufficient cause that the
unique characteristics of the size,
configuration, or topography of the site
limit compliance with any provision of
this article or the required elevation
standards;
(b) Determination by the construction board
of adjustments and appeals that:
(1) Failure to grant the variance would
result in exceptional hardship due
to the physical characteristics of the
land that render the lot undevelop-
able; increased costs to satisfy the
requirements or inconvenience do
not constitute hardship;
(2) The granting of a variance will not
result in increased flood heights,
additional threats to public safety,
extraordinary public expense, nor
create nuisances, cause fraud on or
victimization of the public or conflict
with existing local laws and
ordinances; and
(3) The variance is the minimum neces-
sary, considering the flood hazard,
to afford relief;
(c) Receipt of a signed statement by the
applicant that the variance, if granted,
shall be recorded in the office of the clerk
Supp. No. 32 CD90:15
§ 90-73
CAPE CANAVERAL CODE
of the court in such a manner that it
appears in the chain of title of the affected
parcel of land; and
(d) If the request is for a variance to allow
construction of the lowest floor of a new
building, or substantial improvement of
a building, below the required elevation,
a copy in the record of a written notice
from the floodplain administrator to the
applicant for the variance, specifying the
difference between the base flood eleva-
tion and the proposed elevation of the
lowest floor, stating that the cost of federal
flood insurance will be commensurate
with the increased risk resulting from
the reduced floor elevation (up to amounts
as high as $25.00 for $100.00 of insur-
ance coverage), and stating that construc-
tion below the base flood elevation
increases risks to life and property.
(Ord. No. 04-2014, § 3, 2-18-14)
Part H. Violations
Sec. 90-74. Violations.
Any development that is not within the scope
of the Florida Building Code but that is regulated
by this article that is performed without an
issued permit, that is in conflict with an issued
permit, or that does not fully comply with this
article, shall be deemed a violation of this article.
A building or structure without the documenta-
tion of elevation of the lowest floor, other required
design certifications, or other evidence of compli-
ance required by this article or the Florida
Building Code is presumed to be a violation until
such time as that documentation is provided.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-75. Authority.
For development that is not within the scope
of the Florida Building Code but that is regulated
by this article and that is determined to be a
violation, the floodplain administrator is
authorized to serve notices of violation or stop
work orders to owners of the property involved,
to the owner's agent, or to the person or persons
performing the work.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-76. Unlawful continuance.
Any person who shall continue any work after
having been served with a notice of violation or a
stop work order, except such work as that person
is directed to perform to remove or remedy a
violation or unsafe condition, shall be subject to
penalties as prescribed by law.
(Ord. No. 04-2014, § 3, 2-18-14)
DIVISION 2. DEFINITIONS
Sec. 90-77. Definitions.
Unless otherwise expressly stated, the follow-
ing words and terms shall, for the purposes of
this article, have the meanings shown in this
section. Where terms are not defined in this
article and are defined in the Florida Building
Code, such terms shall have the meanings ascribed
to them in that code. Where terms are not
defined in this article or the Florida Building
Code, such terms shall have ordinarily accepted
meanings such as the context implies.
Accessory structure. A structure on the same
parcel of property as a principal structure and
the use of which is limited to parking and
storage incidental to the use of the principal
structure.
Alteration of a watercourse. A dam, impound-
ment, channel relocation, change in channel
alignment, channelization, or change in cross -
sectional area of the channel or the channel
capacity, or any other form of modification which
may alter, impede, retard or change the direction
and/or velocity of the riverine flow of water
during conditions of the base flood.
Appeal. A request for a review of the floodplain
administrator's interpretation of any provision
of this article or a request for a variance.
ASCE 24. A standard titled Flood Resistant
Design and Construction that is referenced by
Supp. No. 32 CD90:16
•
•
•
•
•
•
FLOODS § 90-77
the Florida Building Code. ASCE 24 is developed
and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance
of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.] The
base flood is commonly referred to as the "100-
year flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base
flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North
American Vertical Datum (NAVD) or other datum
specified on the Flood Insurance Rate Map
(FIRM). [Also defined in FBC, B, Section 1612.2.]
Basement. The portion of a building having its
floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line
established by the State of Florida pursuant to
F.S. § 161.053, and recorded in the official
records of the city, which defines that portion of
the beach -dune system subject to severe fluctua-
tions based on a 100-year storm surge, storm
waves or other predictable weather conditions.
Coastal high hazard area. A special flood
hazard area extending from offshore to the inland
limit of a primary frontal dune along an open
coast and any other area subject to high velocity
wave action from storms or seismic sources.
Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave
action" or "V Zones" and are designated on Flood
Insurance Rate Maps (FIRM) as Zone V1-V30,
VE, or V. [Note: The FBC, B defines and uses the
term "flood hazard areas subject to high velocity
wave action" and the FBC, R uses the term
"coastal high hazard areas."]
Design flood. The flood associated with the
greater of the following two areas: [Also defined
in FBC, B, Section 1612.2.]
(1) Area with a floodplain subject to a
1-percent or greater chance of flooding in
any year; or
(2) Area designated as a flood hazard area
on the city's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the
"design flood," including wave height, relative to
the datum specified on the city's legally designated
flood hazard map. In areas designated as Zone
AO, the design flood elevation shall be the
elevation of the highest existing grade of the
building's perimeter plus the depth number (in
feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number
is not specified on the map, the depth number
shall be taken as being equal to two feet. [Also
defined in FBC, B, Section 1612.2.]
Development. Any man-made change to
improved or unimproved real estate, including
but not limited to, buildings or other structures,
tanks, temporary structures, temporary or
permanent storage of equipment or materials,
mining, dredging, filling, grading, paving, excava-
tions, drilling operations or any other land disturb-
ing activities.
Encroachment. The placement of fill, excava-
tion, buildings, permanent structures or other
development into a flood hazard area which may
impede or alter the flow capacity of riverine flood
hazard areas.
Existing building and existing structure. Any
buildings and structures for which the "start of
construction" commenced before September 29,
1972. [Also defined in FBC, B, Section 1612.2.]
Federal Emergency Management Agency
(FEMA). The federal agency that, in addition to
carrying out other functions, administers the
National Flood Insurance Program.
Flood or flooding. A general and temporary
condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B,
Section 1612.2.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or
runoff of surface waters from any source.
Flood damage -resistant materials. Any
construction material capable of withstanding
direct and prolonged contact with floodwaters
without sustaining any damage that requires
more than cosmetic repair. [Also defined in FBC,
B, Section 1612.2.]
Supp. No. 32 CD90:17
§ 90-77
CAPE CANAVERAL CODE
Flood hazard area. The greater of the follow-
ing two areas: [Also defined in FBC, B, Section
1612.2.]
(1) The area within a floodplain subject to a
1-percent or greater chance of flooding in
any year.
(2) The area designated as a flood hazard
area on the city's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official
map of the city on which the Federal Emergency
Management Agency has delineated both special
flood hazard areas and the risk premium zones
applicable to the city. [Also defined in FBC, B,
Section 1612.2.]
Flood Insurance Study (FIS). The official report
provided by the Federal Emergency Manage-
ment Agency that contains the Flood Insurance
Rate Map, the Flood Boundary and Floodway
Map (if applicable), the water surface elevations
of the base flood, and supporting technical data.
[Also defined in FBC, B, Section 1612.2.]
Floodplain administrator. The office or posi-
tion designated and charged with the administra-
tion and enforcement of this article (may be
referred to as the floodplain manager).
Floodplain development permit or approval.
An official document or certificate issued by the
city, or other evidence of approval or concur-
rence, which authorizes performance of specific
development activities that are located in flood
hazard areas and that are determined to be
compliant with this article.
Floodway. The channel of a river or other
riverine watercourse and the adjacent land areas
that must be reserved in order to discharge the
base flood without cumulatively increasing the
water surface elevation more than one foot. [Also
defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineer-
ing analysis of the impact that a proposed
encroachment into a floodway is expected to
have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a
qualified Florida licensed engineer using standard
engineering methods and models.
Florida Building Code. The family of codes
adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida
Building Code, Residential; Florida Building Code,
Existing Building; Florida Building Code,
Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot
perform its intended purpose unless it is located
or carried out in close proximity to water, includ-
ing only docking facilities, port facilities that are
necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair
facilities; the term does not include long-term
storage or related manufacturing facilities.
Highest adjacent grade. The highest natural
elevation of the ground surface prior to construc-
tion next to the proposed walls or foundation of a
structure.
Historic structure. Any structure that is
determined eligible for the exception to the flood
hazard area requirements of the Florida Build-
ing Code, Existing Building, Chapter 12 Historic
Buildings.
Letter of Map Change (LOMC). An official
determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or
Flood Insurance Study. Letters of Map Change
include:
Letter of Map Amendment (LOMA): An
amendment based on technical data showing
that a property was incorrectly included in a
designated special flood hazard area. A LOMA
amends the current effective Flood Insurance
Rate Map and establishes that a specific
property, portion of a property, or structure is
not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision
based on technical data that may show changes
to flood zones, flood elevations, special flood
hazard area boundaries and floodway delinea-
tions, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-
F): A determination that a structure or parcel
of land has been elevated by fill above the base
flood elevation and is, therefore, no longer
located within the special flood hazard area.
Supp. No. 32 CD90:18
•
•
•
FLOODS § 90-77
In order to qualify for this determination, the
fill must have been permitted and placed in
accordance with the city's floodplain manage-
ment regulations.
Conditional Letter of Map Revision
(CLOMR): A formal review and comment as to
whether a proposed flood protection project or
other project complies with the minimum
NFIP requirements for such projects with
respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective
Flood Insurance Rate Map or Flood Insurance
Study; upon submission and approval of certi-
fied as -built documentation, a Letter of Map
Revision may be issued by FEMA to revise the
effective FIRM.
Light -duty truck. As defined in 40 C.F.R.
86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has
a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45
square feet or less, which is:
(1) Designed primarily for purposes of
transportation of property or is a deriva-
tion of such a vehicle, or
(2) Designed primarily for transportation of
persons and has a capacity of more than
12 persons; or
(3) Available with special features enabling
off-street or off -highway operation and
use.
Lowest floor. The lowest floor of the lowest
enclosed area of a building or structure, includ-
ing basement, but excluding any unfinished or
flood -resistant enclosure, other than a base-
ment, usable solely for vehicle parking, building
access or limited storage provided that such
enclosure is not built so as to render the structure
in violation of the non -elevation requirements of
the Florida Building Code or ASCE 24. [Also
defined in FBC, B, Section 1612.2.]
Manufactured home. A structure, transport-
able in one or more sections, which is eight feet
or more in width and greater than 400 square
feet, and which is built on a permanent, integral
chassis and is designed for use with or without a
permanent foundation when attached to the
required utilities. The term "manufactured home"
does not include a "recreational vehicle" or "park
trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A
parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for
rent or sale.
Market value. The value of buildings and
structures, excluding the land and other improve-
ments on the parcel. Market value is the actual
cash value (in -kind replacement cost depreciated
for age, wear and tear, neglect, and quality of
construction), determined by a qualified
independent appraiser, or tax assessment value
adjusted to approximate market value by a
factor provided by the property appraiser.
New construction. For the purposes of
administration of this article and the flood
resistant construction requirements of the Florida
Building Code, structures for which the "start of
construction" commenced on or after September
29, 1972 and includes any subsequent improve-
ments to such structures.
Park trailer. A transportable unit which has a
body width not exceeding 14 feet and which is
built on a single chassis and is designed to
provide seasonal or temporary living quarters
when connected to utilities necessary for opera-
tion of installed fixtures and appliances. [Defined
in F.S. § 320.01]
Recreational vehicle. A vehicle, including a
park trailer, which is: [See F.S. § 320.01]
(1) Built on a single chassis;
(2) Four hundred square feet or less when
measured at the largest horizontal projec-
tion;
(3) Designed to be self-propelled or
permanently towable by a light -duty truck;
and
(4) Designed primarily not for use as a
permanent dwelling but as temporary
living quarters for recreational, camping,
travel, or seasonal use.
Supp. No. 32 CD90:19
§ 90-77 •
CAPE CANAVERAL CODE
Sand dunes. Naturally occurring accumula-
tions of sand in ridges or mounds landward of
the beach.
Special flood hazard area. An area in the
floodplain subject to a 1-percent or greater chance
of flooding in any given year. Special flood
hazard areas are shown on FIRMs as Zone A,
AO, Al—A30, AE, A99, AH, V1—V30, VE or V.
[Also defined in FBC, B Section 1612.2.]
Start of construction. The date of issuance for
new construction and substantial improvements
to existing structures, provided the actual start
of construction, repair, reconstruction, rehabilita-
tion, addition, placement, or other improvement
is within 180 days of the date of the issuance.
The actual start of construction means either the
first placement of permanent construction of a
building (including a manufactured home) on a
site, such as the pouring of slab or footings, the
installation of piles, the construction of columns.
Permanent construction does not include land
preparation (such as clearing, grading, or fill-
ing), the installation of streets or walkways,
excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or
the installation of accessory buildings such as
garages or sheds not occupied as dwelling units
or not part of the main buildings. For a substantial
improvement, the actual "start of construction"
means the first alteration of any wall, ceiling,
floor or other structural part of a building,
whether or not that alteration affects the external
dimensions of the building. [Also defined in FBC,
B Section 1612.2.]
Substantial damage. Damage of any origin
sustained by a building or structure whereby the
cost of restoring the building or structure to its
before -damaged condition would equal or exceed
50 percent of the market value of the building or
structure before the damage occurred. [Also
defined in FBC, B Section 1612.2.]
Substantial improvement. Any combination of
repair, reconstruction, rehabilitation, addition,
or other improvement of a building or structure
taking place during a 10-year period, the cumula-
tive cost of which equals or exceeds 50 percent of
the market value of the building or structure
before the improvement or repair is started. For
each building or structure, the 10-year period
begins on the date of the first improvement or
repair of that building or structure subsequent
to April 9, 2002.
If the structure has incurred "substantial
damage," any repairs are considered substantial
improvement regardless of the actual repair
work performed. The term does not, however,
include either: [Also defined in FBC, B, Section
1612.2.]
(1) Any project for improvement of a build-
ing required to correct existing health,
sanitary, or safety code violations identi-
fied by the building official and that are
the minimum necessary to assure safe
living conditions.
(2) Any alteration of a historic structure
provided the alteration will not preclude
the structure's continued designation as
a historic structure.
Variance. A grant of relief from the require-
ments of this article, or the flood resistant
construction requirements of the Florida Build-
ing Code, which permits construction in a manner
that would not otherwise be permitted by this
article or the Florida Building Code.
Watercourse. A river, creek, stream, channel or
other topographic feature in, on, through, or over
which water flows at least periodically.
(Ord. No. 04-2014, § 3, 2-18-14; Ord. No. 04-2023,
§ 2, 4-18-23)
DIVISION 3. FLOOD RESISTANT
DEVELOPMENT
Part A. Buildings and Structures
Sec. 90-78. Design and construction of
buildings, structures and
facilities exempt from the
Florida Building Code.
Pursuant to section 90-50, buildings, structures,
and facilities that are exempt from the Florida
Building Code, including substantial improve-
ment or repair of substantial damage of such
Supp. No. 32 CD90:20
•
•
•
•
•
•
FLOODS § 90-82
buildings, structures and facilities, shall be
designed and constructed in accordance with the
flood load and flood resistant construction require-
ments of ASCE 24. Structures exempt from the
Florida Building Code that are not walled and
roofed buildings shall comply with the require-
ments of part G of this division.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-79. Buildings and structures
seaward of the coastal
construction control line.
If extending, in whole or in part, seaward of
the coastal construction control line and also
located, in whole or in part, in a flood hazard
area:
(a) Buildings and structures shall be designed
and constructed to comply with the more
restrictive applicable requirements of the
Florida Building Code, Building Section
3109 and Section 1612 or Florida Build-
ing Code, Residential Section R322.
(b) Minor structures and non -habitable major
structures as defined in F.S. § 161.54,
shall be designed and constructed to
comply with the intent and applicable
provisions of this article and ASCE 24.
(Ord. No. 04-2014, § 3, 2-18-14)
Part B. Subdivisions
Sec. 90-80. Minimum requirements.
Subdivision proposals, including proposals for
manufactured home parks and subdivisions, shall
be reviewed to determine that:
(a) Such proposals are consistent with the
need to minimize flood damage and will
be reasonably safe from flooding;
(b) All public utilities and facilities such as
sewer, gas, electric, communications, and
water systems are located and constructed
to minimize or eliminate flood damage;
and
(c) Adequate drainage is provided to reduce
exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall
be provided to guide floodwaters around
and away from proposed structures.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-81. Subdivision plats.
Where any portion of proposed subdivisions,
including manufactured home parks and subdivi-
sions, lies within a flood hazard area, the follow-
ing shall be required:
(a) Delineation of flood hazard areas, flood -
way boundaries and flood zones, and
design flood elevations, as appropriate,
shall be shown on preliminary plats;
(b) Where the subdivision has more than 50
lots or is larger than five acres and base
flood elevations are not included on the
FIRM, the base flood elevations
determined in accordance with section
90-57(a) of this article; and
(c) Compliance with the site improvement
and utilities requirements of part C of
this division.
(Ord. No. 04-2014, § 3, 2-18-14)
Part C. Site Improvements, Utilities and
Limitations
Sec. 90-82. Minimum requirements.
All proposed new development shall be reviewed
to determine that:
(a) Such proposals are consistent with the
need to minimize flood damage and will
be reasonably safe from flooding;
(b) All public utilities and facilities such as
sewer, gas, electric, communications, and
water systems are located and constructed
to minimize or eliminate flood damage;
and
(c) Adequate drainage is provided to reduce
exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall
be provided to guide floodwaters around
and away from proposed structures.
(Ord. No. 04-2014, § 3, 2-18-14)
Supp. No. 32 CD90:21
§ 90-83
CAPE CANAVERAL CODE
Sec. 90-83. Sanitary sewage facilities.
All new and replacement sanitary sewage
facilities, private sewage treatment plants (includ-
ing all pumping stations and collector systems),
and on -site waste disposal systems shall be
designed in accordance with the standards for
onsite sewage treatment and disposal systems in
Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters
into the facilities and discharge from the facili-
ties into flood waters, and impairment of the
facilities and systems.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-84. Water supply facilities.
All new and replacement water supply facili-
ties shall be designed in accordance with the
water well construction standards in Chapter
62-532.500, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters
into the systems.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-85. Limitations on sites in regula-
tory floodways.
No development, including but not limited to
site improvements, and land disturbing activity
involving fill or regrading, shall be authorized in
the regulatory floodway unless the floodway
encroachment analysis required in section 90-58(a)
demonstrates that the proposed development or
land disturbing activity will not result in any
increase in the base flood elevation.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-86. Limitations on placement of
fill.
Subject to the limitations of this article, fill
shall be designed to be stable under conditions of
flooding including rapid rise and rapid draw -
down of floodwaters, prolonged inundation, and
protection against flood -related erosion and scour.
In addition to these requirements, if intended to
support buildings and structures (Zone A only);
fill shall comply with the requirements of the
Florida Building Code.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-87. Limitations on sites in coastal
high hazard areas (zone v).
In coastal high hazard areas, alteration of
sand dunes and mangrove stands shall be permit-
ted only if such alteration is approved by the
Florida Department of Environmental Protec-
tion and only if the engineering analysis required
by section 90-58(d) demonstrates that the proposed
alteration will not increase the potential for
flood damage. Construction or restoration of
dunes under or around elevated buildings and
structures shall comply with section 90-109(c).
(Ord. No. 04-2014, § 3, 2-18-14)
Part D. Manufactured Homes
Sec. 90-88. General.
All manufactured homes installed in flood
hazard areas shall be installed by an installer
that is licensed pursuant to F.S. § 320.8249, and
shall comply with the requirements of Chapter
15C-1, F.A.C. and the requirements of this article.
If located seaward of the coastal construction
control line, all manufactured homes shall comply
with the more restrictive of the applicable require-
ments.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-89. Foundations.
All new manufactured homes and replace-
ment manufactured homes installed in flood
hazard areas shall be installed on permanent,
reinforced foundations that:
(a) In flood hazard areas (Zone A) other than
coastal high hazard areas, are designed
in accordance with the foundation require-
ments of the Florida Building Code,
Residential Section R322.2 and this
article.
(b) In coastal high hazard areas (Zone V),
are designed in accordance with the
foundation requirements of the Florida
Building Code, Residential Section R322.3
and this article.
(Ord. No. 04-2014, § 3, 2-18-14)
Supp. No. 32 CD90:22
•
•
•
•
•
•
FLOODS § 90-98
Sec. 90-90. Anchoring.
All new manufactured homes and replace-
ment manufactured homes shall be installed
using methods and practices which minimize
flood damage and shall be securely anchored to
an adequately anchored foundation system to
resist flotation, collapse or lateral movement.
Methods of anchoring include, but are not limited
to, use of over -the -top or frame ties to ground
anchors. This anchoring requirement is in addi-
tion to applicable state and local anchoring
requirements for wind resistance.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-91. Elevation.
All manufactured homes that are placed,
replaced, or substantially improved in flood hazard
areas shall be elevated such that the bottom of
the frame is at or above the elevation required,
as applicable to the flood hazard area, in the
Florida Building Code, Residential, Section
R3222.2 (Zone A) or Section R322.3 (Zone V and
Coastal A Zone).
(Ord. No. 04-2014, § 3, 2-18-14; Ord. No. 04-2023,
§ 2, 4-18-23)
Sec. 90-92. Enclosures.
Enclosed areas below elevated manufactured
homes shall comply with the requirements of the
Florida Building Code, Residential Section R322
for such enclosed areas, as applicable to the flood
hazard area.
(Ord. No. 04-2014, § 3, 2-18-14; Ord. No. 04-2023,
§ 2, 4-18-23)
Editor's note -Ord. No. 04-2023, § 2, adopted April 18,
2023, repealed §§ 90-92, 90-93, and renumbered §§ 90-94,
90-95 as §§ 90-92, 90-93. Former §§ 90-92, 90-93 pertained to
general elevation requirement and elevation requirement for
certain existing manufactured home parks and subdivisions,
respectively, and derived from Ord. No. 04-2014, § 3, adopted
Feb. 18, 2014.
Sec. 90-93. Utility equipment.
Utility equipment that serves manufactured
homes, including electric, heating, ventilation,
plumbing, and air conditioning equipment and
other service facilities, shall comply with the
requirements of the Florida Building Code,
Residential Section R322, as applicable to the
flood hazard area.
(Ord. No. 04-2014, § 3, 2-18-14; Ord. No. 04-2023,
§ 2, 4-18-23)
Editor's note -Formerly, § 90-95. See editor's note at
§ 90-92.
Secs. 90-94, 90-95. Reserved.
Part E. Recreational Vehicles and Park Trailers
Sec. 90-96. Temporary placement.
Recreational vehicles and park trailers placed
temporarily in flood hazard areas shall:
(a) Be on the site for fewer than 180 consecu-
tive days; or
(b) Be fully licensed and ready for highway
use, which means the recreational vehicle
or park model is on wheels or jacking
system, is attached to the site only by
quick -disconnect type utilities and security
devices, and has no permanent attach-
ments such as additions, rooms, stairs,
decks and porches.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-97. Permanent placement.
Recreational vehicles and park trailers that
do not meet the limitations in section 90-96 for
temporary placement shall meet the require-
ments of part D of this division for manufactured
homes.
(Ord. No. 04-2014, § 3, 2-18-14)
Part F. Tanks
Sec. 90-98. Underground tanks.
Underground tanks in flood hazard areas
shall be anchored to prevent flotation, collapse
or lateral movement resulting from hydrodynamic
and hydrostatic loads during conditions of the
design flood, including the effects of buoyancy
assuming the tank is empty.
(Ord. No. 04-2014, § 3, 2-18-14)
Supp. No. 32 CD90:23
§ 90-99
CAPE CANAVERAL CODE
Sec. 90-99. Above -ground tanks, not
elevated.
Above -ground tanks that do not meet the
elevation requirements of section 90-100 shall:
(a) Be permitted in flood hazard areas (Zone
A) other than coastal high hazard areas,
provided the tanks are anchored or
otherwise designed and constructed to
prevent flotation, collapse or lateral move-
ment resulting from hydrodynamic and
hydrostatic loads during conditions of
the design flood, including the effects of
buoyancy assuming the tank is empty
and the effects of flood -borne debris.
(b) Not be permitted in coastal high hazard
areas (Zone V).
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-100. Above -ground tanks, elevated.
Above -ground tanks in flood hazard areas
shall be attached to and elevated to or above the
design flood elevation on a supporting structure
that is designed to prevent flotation, collapse or
lateral movement during conditions of the design
flood. Tank -supporting structures shall meet the
foundation requirements of the applicable flood
hazard area.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-101. Tank inlets and vents.
Tank inlets, fill openings, outlets and vents
shall be:
(a) At or above the design flood elevation or
fitted with covers designed to prevent
the inflow of floodwater or outflow of the
contents of the tanks during conditions
of the design flood; and
(b) Anchored to prevent lateral movement
resulting from hydrodynamic and
hydrostatic loads, including the effects of
buoyancy, during conditions of the design
flood.
(Ord. No. 04-2014, § 3, 2-18-14)
Part G. Other Development
Sec. 90-102. General requirements for
other development.
All development, including man-made changes
to improved or unimproved real estate for which
specific provisions are not specified in this article
or the Florida Building Code, shall:
(a) Be located and constructed to minimize
flood damage;
(b) Meet the limitations of section 90-85 if
located in a regulated floodway;
(c) Be anchored to prevent flotation, col-
lapse or lateral movement resulting from
hydrostatic loads, including the effects of
buoyancy, during conditions of the design
flood;
(d) Be constructed of flood damage -resistant
materials; and
(e) Have mechanical, plumbing, and electri-
cal systems above the design flood eleva-
tion, except that minimum electric service
required to address life safety and electric
code requirements is permitted below
the design flood elevation provided it
conforms to the provisions of the electri-
cal part of building code for wet loca-
tions.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-103. Fences in regulated flood -
ways.
Fences in regulated floodways that have the
potential to block the passage of floodwaters,
such as stockade fences and wire mesh fences,
shall meet the limitations of section 90-85.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-104. Retaining walls, sidewalks
and driveways in regulated
floodways.
Retaining walls and sidewalks and driveways
that involve the placement of fill in regulated
floodways shall meet the limitations of section
90-85.
(Ord. No. 04-2014, § 3, 2-18-14)
Supp. No. 32 CD90:24
•
•
•
•
•
•
FLOODS § 90-108
Sec. 90-105. Roads and watercourse cross-
ings in regulated floodways.
Roads and watercourse crossings, including
roads, bridges, culverts, low-water crossings and
similar means for vehicles or pedestrians to
travel from one side of a watercourse to the other
side, that encroach into regulated floodways
shall meet the limitations of section 90-85. Altera-
tion of a watercourse that is part of a road or
watercourse crossing shall meet the require-
ments of section 90-58(c).
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-106. Concrete slabs used as park-
ing pads, enclosure floors,
landings, decks, walkways,
patios and similar nonstruc-
tural uses in coastal high
hazard areas (Zone V).
In coastal high hazard areas, concrete slabs
used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstruc-
tural uses are permitted beneath or adjacent to
buildings and structures provided the concrete
slabs are designed and constructed to be:
(a) Structurally independent of the founda-
tion system of the building or structure;
(b) Frangible and not reinforced, so as to
minimize debris during flooding that is
capable of causing significant damage to
any structure; and
(c) Have a maximum slab thickness of not
more than four inches.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-107. Decks and patios in coastal
high hazard areas (Zone V).
In addition to the requirements of the Florida
Building Code, in coastal high hazard areas
decks and patios shall be located, designed, and
constructed in compliance with the following:
(a) A deck that is structurally attached to a
building or structure shall have the bottom
of the lowest horizontal structural member
at or above the design flood elevation and
any supporting members that extend
below the design flood elevation shall
comply with the foundation require-
ments that apply to the building or
structure, which shall be designed to
accommodate any increased loads result-
ing from the attached deck.
(b) A deck or patio that is located below the
design flood elevation shall be structur-
ally independent from buildings or
structures and their foundation systems,
and shall be designed and constructed
either to remain intact and in place
during design flood conditions or to break
apart into small pieces to minimize debris
during flooding that is capable of causing
structural damage to the building or
structure or to adjacent buildings and
structures.
(c) A deck or patio that has a vertical thick-
ness of more than 12 inches or that is
constructed with more than the minimum
amount of fill necessary for site drainage
shall not be approved unless an analysis
prepared by a qualified registered design
professional demonstrates no harmful
diversion of floodwaters or wave run-up
and wave reflection that would increase
damage to the building or structure or to
adjacent buildings and structures.
(d) A deck or patio that has a vertical thick-
ness of 12 inches or less and that is at
natural grade or on nonstructural fill
material that is similar to and compat-
ible with local soils and is the minimum
amount necessary for site drainage may
be approved without requiring analysis
of the impact on diversion of floodwaters
or wave run-up and wave reflection.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-108. Other development in coastal
high hazard areas (Zone V).
In coastal high hazard areas, development
activities other than buildings and structures
shall be permitted only if also authorized by the
appropriate federal, state or local authority; if
located outside the footprint of, and not structur-
ally attached to, buildings and structures; and if
analyses prepared by qualified registered design
Supp. No. 32 CD90:25
§ 90-108 CAPE CANAVERAL CODE
professionals demonstrate no harmful diversion
of floodwaters or wave run-up and wave reflec-
tion that would increase damage to adjacent
buildings and structures. Such other develop-
ment activities include but are not limited to:
(a) Bulkheads, seawalls, retaining walls,
revetments, and similar erosion control
structures;
(b) Solid fences and privacy walls, and fences
prone to trapping debris, unless designed
and constructed to fail under flood condi-
tions less than the design flood or
otherwise function to avoid obstruction
of floodwaters; and
(c) On -site sewage treatment and disposal
systems defined in 64E-6.002, F.A.C., as
filled systems or mound systems.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-109. Nonstructural fill in coastal
high hazard areas (Zone V).
In coastal high hazard areas:
(a) Minor grading and the placement of minor
quantities of nonstructural fill shall be
permitted for landscaping and for drain-
age purposes under and around build-
ings.
(b) Nonstructural fill with finished slopes
that are steeper than one unit vertical to
five units horizontal shall be permitted
only if an analysis prepared by a quali-
fied registered design professional
demonstrates no harmful diversion of
floodwaters or wave run-up and wave
reflection that would increase damage to
adjacent buildings and structures.
(c) Where authorized by the Florida Depart-
ment of Environmental Protection or
applicable local approval, sand dune
construction and restoration of sand dunes
under or around elevated buildings are
permitted without additional engineer-
ing analysis or certification of the diver-
sion of floodwater or wave run-up and
wave reflection if the scale and location
of the dune work is consistent with local
beach -dune morphology and the vertical
clearance is maintained between the top
of the sand dune and the lowest horizontal
structural member of the building.
(Ord. No. 04-2014, § 3, 2-18-14)
Sec. 90-110. Non -elevated accessory
structures.
Accessory structures are permitted below eleva-
tions required by the Florida Building Code
provided the accessory structures are used only
for parking or storage and:
(a) If located in special flood hazard areas
(Zone A/AE) other than coastal high
hazard areas, are one-story and not larger
than 600 sq. ft. and have flood openings
in accordance with Section R322.2 of the
Florida Building Code, Residential.
(b) If located in coastal high hazard areas
(Zone V/VE), are not located below
elevated buildings and are not larger
than 100 sq. ft.
(c) Are anchored to resist flotation, collapse
or lateral movement resulting from flood
loads.
(d) Have flood damage -resistant materials
used below the base flood elevation plus
one foot.
(e) Have mechanical, plumbing and electri-
cal systems, including plumbing fixtures,
elevated to or above the base flood eleva-
tion plus one foot.
(Ord. No. 04-2023, § 2, 4-18-23)
ARTICLE III. RESERVED'`
Secs. 90-111-90-115. Reserved.
*Editor's note —Ord. No. 04-2014, § 2, adopted Feb. 18,
2014, repealed Art. III, §§ 90-91-90-94, which pertained to
floodplain protection and derived from Code 1981, §§ 668.01,
668.03, 668.05, 668.09; Ord. No. 10-93, § 1, adopted June 15,
1993. The user's attention is directed to § 90-26 et seq.
Supp. No. 32 CD90:26
•
•
•
•
•
•
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 H. 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.
Sec. 94-86. Feather signs.
*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. 32 CD94:1
CAPE CANAVERAL CODE
Secs. 94-87-94-95. Reserved.
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. 32 CD94:2
•
•
•
•
•
•
SIGNS § 94-1
ARTICLE I. IN GENERAL
Sec. 94-1. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Accent lighting means any method of external
illumination that is intended to draw attention
to an integral decorative or architectural feature
of the building and not connected or giving the
appearance of any connection to the overall
signage of the project. Accent lighting shall be
reviewed in accordance with article III of chapter
22 of this Code.
Air -inflated devices means attention -getting
devices that are inflated with lighter -than -air
gas or are supplied inflation from a blower or fan
that, when energized, keep the device erect.
Animated or flashing sign means any sign
which uses lights that flash or alternate or which
includes action, motion or illusion of motion,
designed electronically, usually to give messages
by means of slight progressive changes. This
definition shall also include signs with rotating
panels, generally referred to as tri-vision signs.
Awning means any structure, fixed or capable
of being raised or lowered, made of fire resistant
cloth, wood, metal or plastic with or without a
metal frame, which protrudes from a building
facade as a roof -like structure and is supported
entirely by the building without the use of
ground supports.
Bag sign means any temporary sign made of
cloth or other materials designed to fit over an
existing sign or structure because the copy area
is in the process of being changed or repaired due
to damage.
Balloon display is any balloon anchored on
private property for the purpose of advertise-
ment.
Banner sign means any sign having the
characters, letters, illustrations or ornamenta-
tion applied to cloth, paper or fabric including
animated, rotating and/or fluttering devices, flags
and pennants (which do not comply with the
definition of flag or pennant under this chapter)
but excluding government flags for the purposes
of this chapter, designated to attract attention.
Bulletin board means any permanent sign,
not to exceed six feet, attached to a building, and
generally located at a store entrance, for purposes
such as posting notices, menus, and other informa-
tion, with removable letters, words, numerals,
and copy material in a non -electronic manner.
Canopy means any structure other than an
awning, made of fire-resistant cloth, wood, metal
or plastic with or without metal or wood frames,
attached or detached and supported, in part, or
entirely, by the ground.
Code enforcement board means a board
established in section 2-256 et seq. to enforce
this Code.
Community appearance board means a board
established in section 22-36 et seq.
Construction board of adjustment means a
board established in section 82-32.
Copy area or sign area shall mean the entire
area enclosed by one continuous perimeter line,
enclosing the extreme limits of the sign, includ-
ing all ornamental attachments, insignias,
symbols, logos, trademarks, interconnecting links
and the like, and any stripe, frame or border.
Sign area does not include the main support
structure of the sign unless used for sign display
purposes. The calculation for a double-faced sign
shall be the area of one face only. The calculation
for wall signs, if permitted hereunder, comprises
individual letters, numbers, symbols and the
like, where the exterior wall of the building upon
which it is affixed acts as the background of the
sign, shall be calculated within the smallest
regular geometric figure needed to encompass
the sign display.
Dilapidated sign. shall mean a sign including
its structure that is damaged, deteriorated,
defaced, abandoned, in a state of disrepair, or
illegible.
Digital electronic sign. See Electronic messag-
ing sign.
Supp. No. 32 CD94:3
§ 94-1
CAPE CANAVERAL CODE
Discontinued sign shall mean any sign located
on real property which has been vacant and
unoccupied for a period of 90 days or more; or
any sign face which advertises a service no
longer conducted or product no longer sold upon
the premises where the sign is located. Such sign
(face and/or structure) shall be considered
nonconforming in accordance with article IV of
this chapter.
Edge of pavement shall mean the hard -
surfaced (e.g. asphalt, concrete, macadam, marl,
pavers, etc.) edge of an existing street in the
right-of-way excluding the curbing.
Electric discharge tubing (neon or fluorescent)
shall mean an illumination system using an
electrified inert gas (such as neon), placed inside
clear or colored transparent tubes, which can be
bent into various letters, designs and shapes.
Electronic messaging signs shall mean a sign
on which the copy changes automatically without
moving parts by computer or other electronic
means. These signs use intermittent light or
lights including incandescent lamps, light emit-
ting diodes, liquid crystal displays and plasma
displays.
Erect means to build, construct, raise, assemble,
create, paint, draw, attach, hang, place, suspend,
affix, or in any other way bring into being or
establish; but it does not include any of the
foregoing activities when performed as an incident
to the customary maintenance or repair of a
sign.
Exempt sign means signs exempted from
normal permit requirements.
Feather sign means a vertical portable sign
made from tear -resistant polyester material or a
similar lightweight non -rigid material which
does not rely on a building or fixed foundation for
its structural support and is typically supported
with a base or stand on the ground and driven
into the ground for support, and can be easily
carried or transported. This definition does not
include a banner sign.
Flag or pennant means the flying of individual
national, state, county, city or flags of political
national origin attached to a freestanding pole,
mounted on the ground or to flags attached to
the facade of a structure, limited to five in
number, provided such flags shall not be used in
such a way to attract attention of the public for
commercial purposes. Flags larger than three
feet by five feet shall be considered signs and
shall be calculated as part of the maximum
square footage and maximum number of signs.
Frontage means that portion of a lot or parcel
abutting a street right-of-way. For corner lots or
parcels abutting two or more street rights -of -
way, frontage shall be measured only along the
dedicated street right-of-way facing the primary
entrance of the principal building located on the
lot or parcel.
Ground sign means a sign supported by poles,
uprights or braces, visible or enclosed that are
placed in or upon the ground. Ground signs
include pole, pylon, and monument signs.
Hanging sign shall mean a sign attached to
and extending below a marquee, ceiling, or canopy.
Hazardous sign is any sign which constitutes
a vehicular and/or pedestrian hazard or a detri-
ment to traffic safety by reason of its size,
location, movement, content, coloring, or method
of illumination, or which obstructs the visibility
of any official traffic -control device or which
diverts or tends to divert the attention of drivers
of moving vehicles from traffic movement on
streets, roads, intersections, or access facilities.
No sign shall be erected in such a manner as to
obstruct the vision of pedestrians. The use of
flashing, running, or revolving lights in any sign
is prohibited. Any sign which by glare or method
of illumination constitutes a hazard to traffic is
prohibited. Any sign which displays or
incorporates into the graphic display any depic-
tion or simulation identical to or similar to those
used for officially recognized traffic signaliza-
tion, direction or control shall be prohibited.
Marquee sign means a projecting sign attached
to or hung from a marquee or such marquee shall
be known to mean a canopy or covered structure
projecting from and supported by a building,
when such canopy or covered structure extends
beyond the building, building line or property
line.
Supp. No. 32 CD94:4
•
•
•
•
•
•
SIGNS § 94-1
Monument sign shall mean a ground sign
which is free standing, supported solely by its
own ground -mounted base and which is not
attached or fixed in any way to a building, fence
or other structure, provided that the ground
mounted base is substantially equal to or greater
than 50 percent the horizontal dimension of the
sign face including any cabinet or any structure
within which the sign face is located and not
greater than ten feet in height. Two examples of
a monument sign are as follows:
COPY AREA
COPY AREA
Noncombustible material means a material,
which, in the form and thickness in which it is
used, meets any of the following:
(1) Materials which pass the test procedures
for defining noncombustibility of
elementary materials set forth in ASTM
E136; or
(2) Materials having a structural base of
noncombustible materials as stated in
subsection (1), with a surfacing not more
than one -eighth inch thick, which has a
flame -spread rating not greater than 50
when tested in accordance with the
method of test for surface burning
characteristics of building materials set
forth in ASTM E84.
Nonconforming sign means any advertising
structure or sign which was lawfully erected and
maintained prior to such time as it came within
the purview of this chapter and any amendments
thereto, and which fails to conform to all applicable
sections and restrictions of this chapter or any
other applicable provision of the city Code, or a
nonconforming sign for which a special permit
has been issued.
Obscene sign is a sign deemed obscene under
the Florida or United States Constitutions.
Off-site or off-premises sign means a sign
identifying an activity which is not on the premises
where the sign is located or products or services
which are not available on the premises where
the sign is located. Signs commonly referred to
as billboards shall be considered off -premises
signs.
On-site or on-premises sign means a sign:
(1) Identifying an activity conducted or
products or services available on the
premises where the sign is located, or
(2) Displaying a noncommercial message or
(3) Any combination of the first two.
For purposes of this definition, common areas
within a duly organized homeowner or
condominium association shall be considered on
premises for each individual unit or lot within
said association in recognition of any right the
unit or lot owner has to use said areas under
Florida law and the association's covenants and
rules.
Outdoor advertising display means any letter,
figure, character, mark, plane, point, design,
poster, pictorial picture, stroke, stripe, line,
trademark, reading matter or illuminated service
which shall be constructed, placed, attached,
painted, erected, fastened or manufactured in
any manner whatsoever so that such shall be
used for attraction of the public to any place,
subject, person, firm, corporation, public
performance, article, machine or merchandise
whatsoever, which is displayed in any matter
whatsoever outdoors.
Owner means the person owning the fee simple
title to the property upon which a permit is
required.
Parapet sign shall mean a wall sign erected
flush on a parapet extension of a building.
Permittee means the person in possession or
having the beneficial use of property upon which
a sign is located for which a permit is required.
Supp. No. 32 CD94:5
§ 94-1
CAPE CANAVERAL CODE
Pole signs are signs that are supported by one
or more exposed vertical supports of any shape
which are comprised of steel or other corrosive
alloys. Two examples of a pole sign are:
Portable signs means signs that may be hauled
or towed from one location to another, are self-
supporting, [and] are designed to be temporarily
placed without a permanent base or fastening.
Projecting sign means a sign which is affixed
perpendicular to any building wall and extends
beyond the building wall by more than 18 inches.
Pylon signs are signs that are supported by
one or more exposed vertical supports which are
encased within a single, non -corrosive decorative
cover. Non -corrosive decorative cover shall mean
any material(s) suitable for installation as a pole
sign cover in accordance with industry standards
of material and workmanship, applied over and
attached to the supporting poles(s), including all
attachments and fasteners thereto, which shall
contain no steel or other corrosive alloys. Such
pole sign cover shall have a minimum width of
not less than one and one-half times the depth of
the cabinet, but not less than 12 inches, and
maximum depth equal to the depth of the sign
cabinet. One example of a pylon sign is:
Right-of-way means land used for pedestrian
and vehicular roadway purposes including
reserved, used or to be used as a street, alley,
sidewalk, walkway, trail and trail heads, and
related public areas such as medians, drainage
facilities, and grass shoulders. One example of a
right-of-way:
Utility Pole
Utility Pole
Property lines
Utility Pole
Sidewalk
Sidewalk
Grass shoulder
Grass shoulder
Curb
Roadway
Median
Roadway
Grass shoulder
Curb
Grass shoulder
Sidewalk
Sidewalk
Right-of-way
Utility Pole
Property lines
Utility Pole
Stop Sign
Utility Pole
Sidewalk
Sidewalk
Right-of-way
The right -of --way can be thought of as
the public's space between property lines.
In this example, the sidewalks and
utility poles are at the property lines.
Supp. No. 32 CD94:6
•
•
•
•
•
•
SIGNS § 94-2
Roof sign means any sign erected upon, against
or directly above a roof or on top of or above the
parapet of a building.
Sandwich board shall mean a freestanding,
one- or two-sided sign, in the shape of an inverted
"V," and set upon the ground.
Scheduled event or occurrence means a singular
preplanned, temporary happening during a
particular interval of time on the site advertised.
Examples of scheduled events or occurrences
include a property for sale, a coming site develop-
ment, a grand opening, a retail sale, an outdoor
event, and other similar temporary events.
Shopping center or multitenant center means
a building with two or more businesses.
Sign means any object, whether illuminated
or nonilluminated, which is designed or intended
to advertise, identify, announce, direct or inform
the public, and which can be viewed by the public
off -site. For purposes of this chapter, the term
"sign" also includes all structural members.
Snipe sign means a small sign of any material,
including, but not limited to, paper, cardboard,
wood or metal, attached to any object and having
no application to the premises where located.
Street right-of-way means property which is
committed for use as a public access route.
Temporary signs means a sign displayed for a
scheduled event or occurrence which is not
designed or intended to be placed permanently.
Temporary signs include only those signs expressly
referenced in section 94-76, Temporary sign table.
Tenant space means that portion of a building
separated by walls or partitions that extend from
the floor to the ceiling or roof deck without
interconnecting openings.
Vehicular sign means any sign applied to,
affixed to, or placed upon a vehicle in such a
mariner as to be visible to the public.
Visibility triangle means a three-dimensional
triangular space bounded on two sides by intersec-
tion streets (measured from intersecting edges of
pavement) and on the third side by a straight
line drawn between those lines at a point located
35 feet from their intersection.
35-foot Visibility Triangle Proposal
Visibility Triangle
measured from
intersecting edges
of pavement.
35'0"
35'0"
Wall sign means a sign that is affixed to the
wall of any building, when such sign shall project
not more than 18 inches from the building. Wall
signs may not extend above the roofline or
facade. Wall signs include parapet signs and
projecting signs.
Wall mural means a painting or an artistic
work composed of an arrangement of color and
that displays a commercial or noncommercial
message, relies solely on the side of the building
for rigid structural support, and is painted on
the building. The term excludes a painting or
work placed on a structure that is erected solely
for the sole or primary purpose of signage.
Warning sign means a sign required by law or
intended to inform the viewer of dangerous
and/or restrictive conditions on the premises.
Window lighting means any source of illumina-
tion intended to illuminate or draw attention to
any display that is part of a window sign.
Window sign deans any signs affixed to, in
contact with or placed in the interior or exterior
windows of a structure, and which can be viewed
from the outside of the structure.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14; Ord. No. 08-2020, § 2, 12-15-20;
Ord. No. 17-2022, § 2, 10-18-22)
Sec. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate
the number, size, type, use, design, construction
and location of signs within the city. These
Supp. No. 32 CD94:7
§ 94-2
CAPE CANAVERAL CODE
regulations are established in order to promote
the overall economic well-being of the city, while
at the same time providing for the health, safety
and welfare of the public by reducing the adverse
effects of signs on safety, property values, traffic,
and the enjoyment of the scenic beauty of the
city. These regulations are intended to avoid
excessive competition and clutter among sign
displays in the demand for public attention,
eliminate dangerous, dilapidated and unsightly
signs and provide for adequate maintenance and
inspection of signs within the corporate limits of
the city, consistent with constitutional guarantees
and while providing for adequate opportunities
for effective means of communication.
(b) For purposes of this chapter, any lawful
sign may display a noncommercial message in
addition to, or in lieu of, any other message. All
noncommercial speech shall be deemed to be on
premises. Nothing in this chapter shall be
construed to regulate the content of the message
displayed on any sign.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-3. Administrator.
The "administrator" shall be the building
official unless otherwise directed by the city
manager in writing. The administrator shall
also include any authorized designee of the
administrator who is charged with implement-
ing the provisions of this chapter. If the
administrator is not the building official, the
building official shall be charged with interpret-
ing applicable building codes and advising the
administrator relative to building code issues
under this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
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
Supp. No. 32 CD94:8
•
•
•
•
•
•
SIGNS § 94-6
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.
(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
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.
Supp. No. 32 CD94:9
§ 94-6
CAPE CANAVERAL CODE
(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
used for transportation purposes and
which are visible from the right-of-way
or adjacent property.
(z) Dilapidated signs.
(aa) Pole signs.
(bb) Signs placed on fences or gates, other
than warning signs.
(cc) Window lighting, except for window signs
authorized by section 94-4(6).
(dd) Temporary signs, except permitted types
and uses specified in section 94-76.
(ee) [Miscellaneous.] Any other sign, feature,
or outdoor advertising display that does
not comply with the provisions of this
chapter.
(ff) Electronic signs except for as authorized
by section 94-78.
(gg) Feather signs except as authorized by
sections 94-76 and 94-86.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14; Ord. No. 08-2020, § 2, 12-15-20;
Ord. No. 17-2022, § 2, 10-18-22)
Sec. 94-7. Conformance.
All signs or other outdoor advertising displays
erected within the city limits shall conform to
this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-8. Identification.
Every sign or outdoor advertising display
erected, constructed or maintained, for which a
permit is required, shall be plainly marked with
the name of the person erecting and maintaining
such sign and shall have affixed on the front
thereof the permit number issued for the sign by
the administrator.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-9. Wind pressure and dead load.
All signs and other outdoor advertising displays
shall be designed and constructed to withstand a
wind velocity as set forth in the building code
adopted in section 82-31 and shall be constructed
to receive dead loads as required by the building
code or other codes of the city, except temporary
signs authorized by this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-10. Maintenance, notice to repair.
(a) All signs shall be erected, placed and
maintained in a state of good and safe repair.
Damaged signs shall be removed, repaired, or
Supp. No. 32 CD94:10
•
•
•
•
•
•
SIGNS § 94-32
replaced. If a sign is painted, in whole or in part,
the sign shall be kept well -painted. Such sign
shall be repainted whenever the paint is peeled,
blistered, or faded.
(b) All signs shall be constructed and
maintained in accordance with the provisions
and requirements of the city's building codes,
electrical codes, and other applicable codes.
(c) All copy area shall be maintained so as to
be legible and complete.
(d) All signs shall be maintained in a vertical
position unless originally permitted otherwise,
and in good and safe condition.
(e) Damaged faces or structural members shall
be promptly removed, repaired or replaced.
(f) Electrical systems, fasteners, and the sign
and structure as a whole shall be maintained at
all times in a safe condition.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-11-94-30. Reserved.
ARTICLE II. PERMITS AND
INSPECTIONS
Sec. 94-31. Permit required.
(a) Except as otherwise provided in this
chapter, it shall be unlawful for any person to
change a sign face, change the name of a busi-
ness displayed on a sign, alter, erect, construct,
enlarge, move, or make structural alterations to
any sign within the city, or cause such to be done
without first obtaining a sign permit. This shall
not be construed to require any permit for a
change of moveable alphanumeric characters on
a sign designed for such moveable characters or
a change of display on an electronic sign. Any
sign which is not specifically allowed by this
chapter is prohibited.
(b) An electrical permit shall be required for
any sign containing electrical components to be
connected to an electrical energy source.
(c) No new permit is required for a sign which
has a permit and which conforms with the
provisions set forth in this chapter on the date of
its adoption. A new permit shall be required for
any sign when the structural configuration or
electrical components are altered or when the
sign is relocated.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14)
Sec. 94-32. Application for permit; review
time limits.
(a) Application for a permit required under
this chapter shall be made upon forms provided
by the building department and shall contain or
have attached the information required on the
form. At a minimum, the application shall contain
the following information and documents:
(1) The name, address and telephone number
of the property owner and applicant if
different than owner.
(2) The name, address, telephone number
and state license number of the sign
contractor/manufacturer and if applicable,
the same information for the engineer
and architect.
(3) The street address, legal description and
tax identification number of property
upon which proposed sign is to be located.
(4) The zoning and future land use designa-
tion of the property on which the sign is
to be located.
(5) The type of sign, square footage, height
and location of all signs currently located
on the premises.
(6) The type of sign, square footage, design,
sign area, height, location and fully
dimensioned elevation drawings of the
sign or sign proposed to be erected on the
premises. If the sign will be electrically
lighted, a copy of the electrical plans and
specifications for the sign shall be
provided. In addition, the name and
address of the electrical contractor shall
accompany the appropriate electrical
permit application.
(7) Written permission of the property owner
to erect the proposed sign if the applicant
is not the property owner.
Supp. No. 32 CD94:11
§ 94-32
CAPE CANAVERAL CODE
(8) A fully dimensioned site plan showing
the lot frontage, building frontage or
business, establishment or occupant front-
age, parking areas and location of all
existing and proposed signs. For ground
signs and temporary signs which are
subject to permitting, the site plan shall
show the distance from the right-of-way
and property lines, and street corner
visibility calculations.
(9) For temporary signs subject to permit-
ting under this chapter, the applicant
shall provide the name, date and time
associated with the event or activity and
a time frame for the temporary sign to
come down.
(10) The type of construction, materials, sign
supports, electrical details for the proposed
sign.
(11) Wind load calculations and footer details
for the proposed sign as required by the
city's adopted building code.
(b) The administrator shall grant or deny the
sign permit application within 45 calendar days
from the date that a completed application and
permit fee was filed with the city, unless aesthetic
review of the proposed sign is required under
sections 22-36 et seq., City Code, then 60 calendar
days. For purposes of calculating the time period,
the day of receipt shall not be counted. Further,
if the last day falls on a Saturday, Sunday, or
legal holiday, the decision shall be made on the
next regular business day. Notwithstanding any
contrary sign application requirements contained
in this section, any person may request that a
sign or signs be approved as part of an overall
proposed development plan for a particular land
development project. In such cases, the person
will be required to submit the plans and specifica-
tions of the sign(s) with the plans and specifica-
tions for the proposed land development project.
The proposed sign(s) will be reviewed and
approved in conjunction with the site plan review,
aesthetic review, and building permit review. In
addition, in cases in which the applicant has
requested a variance, waiver, or other zoning
approval in conjunction with the sign applica-
tion, the decision time period shall be suspended
while the applicant seeks such zoning approval.
In the event that no decision is made within 45
days following the filing of a completed applica-
tion, the application shall be deemed denied and
the applicant may then appeal the decision to
the construction board of adjustment.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-33. Issuance of permit.
(a) Upon the receipt of a completed building
permit application and upon payment of the
appropriate building permit fee by the applicant,
the administrator shall promptly conduct an
investigation of the application, the proposed
sign and the premises. In addition, if required
under sections 22-36 et seq., City Code, the
administrator shall forward the application to
the community appearance board for review and
consideration.
(b) If, after review and investigation as required
herein, the administrator determines that the
application meets the requirements contained in
this chapter and determines the proposed sign
will not violate any building, electrical, and
aesthetic or other adopted codes of the city, the
administrator shall issue the permit or issue the
permit with conditions (which means legal condi-
tions existing in the City Code). If the work
authorized by the permit has not been completed
within six months after the date of issuance, the
permit shall become null and void, unless the
administrator grants an extension of time, not to
exceed three months, for good cause shown.
(c) If, after review and investigation as required
herein, the administrator determines that one or
more reasons for denial exist, the permit shall be
denied and the administrator shall make a writ-
ten report of the denial and the reasons therefore.
A copy of the report shall be sent by certified
mail to the designated return address of the
applicant on the application. The application for
a permit shall be denied if one or more of the
following conditions are found to exist:
(1) The application does not comply with the
requirements of this chapter; or
(2) The application would violate any build-
ing, electrical, aesthetic or other adopted
codes of the city.
Supp. No. 32 CD94:12
•
•
•
•
•
•
SIGNS § 94-35
(d) Any person denied a building permit for
signs may file as a matter of right a written
notice of appeal to the construction board of
adjustment within ten calendar days after rendi-
tion of the denial pursuant to the provisions of
this section; except, however, issues decided by
the community appearance board or the city
council pursuant to sections 22-36 et seq., City
Code, or in conjunction with a site plan applica-
tion, shall not be appealed to the construction
board of adjustment and shall be appealed under
the applicable provisions set forth in sections
22-36 et seq. and the site plan review procedures.
The construction board of adjustment shall hold
a hearing and decide the appeal within 30
calendar days from the date the notice is received
by the construction board of adjustment. The
appellant shall be afforded minimum due process
including, but not limited to, the right to notice
of the hearing, a fair opportunity to be heard in
person and through counsel, to present evidence,
and to cross-examine witnesses. The decision of
the construction board of adjustment shall be
final. No further exhaustion of administrative
remedies shall be necessary for judicial review of
the administrative action. Any person aggrieved
by a final decision of the construction board of
adjustment may immediately appeal the deci-
sion as a matter of right by filing an appropriate
pleading with a court of competent jurisdiction.
A prompt review and decision shall be rendered
by the court. The record of the hearing shall
consist of the complete record of the proceedings
before the construction board of adjustment.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-34. Revocation of permit.
The administrator is authorized and empowered
to revoke any permit issued under this chapter
for failure of the permittee to comply with any of
the sections of this chapter. Such revocation
shall be in writing and shall show cause for the
revocation notice. Within seven days after the
mailing of notice, the permit holder may request,
in writing to the city manager, a hearing before
the construction board of adjustment to show
cause why the permit should not be revoked. The
construction board of adjustment shall hold a
hearing and decide the appeal within 30 calendar
days from the date the notice is received by the
city manager. The permittee shall be afforded
minimum due process including, but not limited
to, the right to notice of the hearing, a fair
opportunity to be heard in person and through
counsel, to present evidence, and to cross-
examine witnesses. The decision of the construc-
tion board of adjustment shall be final. No
further exhaustion of administrative remedies
shall be necessary for judicial review of the
revocation decision. Any person aggrieved by a
final decision of the construction board of adjust-
ment may immediately appeal the decision as a
matter of right by filing an appropriate pleading
with a court of competent jurisdiction. A prompt
review and decision shall be rendered by the
court. The record of the hearing shall consist of
the complete record of the proceedings before the
construction board of adjustment.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-35. Fees.
Permit and inspection fees for the erection,
alteration or relocation of a sign, exclusive of any
costs for an electrical permit, shall be set forth in
appendix B, schedule of fees, to this Code and
shall include fees for the following:
(1) In addition, fees for signs are calculated
by using contract amount consistent with
the city's schedule of fees;
(2) Reinspection; and
(3) If any person commences any work before
obtaining the necessary permit, all fees
shall be doubled.
(4) As an incentive to encourage the establish-
ment of new businesses within the city,
the administrator is authorized to waive
sign permitting fees for any temporary
signage application that is filed within
30 days after obtaining the businesses'
initial business tax receipt issued by the
city.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14)
Supp. No. 32 CD94:13
§ 94-36
CAPE CANAVERAL CODE
Sec. 94-36. Inspection by administrator.
The administrator is empowered to enter or
inspect any building, structure or premises in
the city upon which or in connection with which
a sign is located, for the purpose of inspection of
the sign, its structural details and electrical
connections and to ensure compliance with this
chapter. Such inspections shall be carried out
during business hours, unless an emergency
exists.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-37. Notice for inspections.
The person constructing, erecting or relocat-
ing a sign for which a permit, is required shall
notify the building department at all stages of
construction that requires inspection and approval
by the administrator. Authority for and time of
such inspections shall be as follows:
(1) A footing inspection for all detached signs
shall be required;
(2) A final structural inspection shall be
required at completion of the work on all
types of signs; and
(3) A final electrical inspection shall be
required on all signs containing electri-
cal components and wiring to be con-
nected to an electrical energy source.
(4) Other inspections as required by the
adopted building code.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-38-94-60. Reserved.
ARTICLE III. SIZE, LOCATION AND
CONSTRUCTION
DIVISION 1. GENERALLY
Sec. 94-61. Restrictions on placement.
(a) No sign or banner shall be suspended
across any public street, avenue or alley, unless
approved by the city council in situations when
the street, avenue, or alley will be closed to
vehicular traffic at the location of the sign or
banner or the city council has determined that
the sign or banner will not constitute a hazard-
ous sign or banner under the definition set forth
in section 94-1 and the provisions set forth in
section 94-62.
(b) No sign shall be painted, pasted, printed
or nailed on any curb or sidewalk or upon any
trees, light standards, utility poles, hydrants,
benches, bridges or any structures, other than
awnings, within the property lines of any street,
avenue or alley within the limits of the city.
(c) No sign shall be attached to any private
wall, window, door, gate, fence or to any other
private structure, without the written permis-
sion of the owner or lessee and without compli-
ance with the provisions of this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-62. Abandoned and hazardous
signs.
(a) Abandoned signs. It shall be unlawful for
any permittee or owner of a sign to fail or refuse
to remove any sign, after ten days of the service
of notice from the administrator, which advertises
a business or product which has not been
conducted or sold at the premises where the sign
is located for more than six consecutive months
prior to the date of the notice from the administra-
tor. If the order to remove is not complied with,
the administrator may remove the sign, and an
assessment lien, on parity with real estate taxes,
may be filed against the property for the expense
incurred in removal of the sign.
(b) Hazardous signs. The administrator shall
refuse to issue a permit for any sign, which will
constitute a hazard and a potential menace to
the safety of the public, and the administrator
may require the removal of any sign which is not
properly maintained or which is or will become
unsafe and constitute a hazard to the safety of
the public. It shall be unlawful for any permittee
or owner to continue to display any sign that
constitutes a hazard to the safety of the public.
It shall be unlawful for any permittee or owner
to continue to display any sign that constitutes a
hazard after 48 hours from the time of notice by
the administrator requesting the removal of
such sign, unless within that time, the permittee
or owner shall have filed with the administrator
Supp. No. 32 CD94:14
•
•
•
•
•
•
SIGNS § 94-64
notice of his or her intention to appeal his
decision to the special magistrate or code enforce-
ment board, or the administrator has determined
that exigent circumstances exist that require the
immediate removal of the sign in order to abate
the public hazard. Any such sign displayed more
than 48 hours after notice to remove the sign
may be removed by the city at the expense of the
permittee or owner, unless the matter is pending
an appeal to the special magistrate or code
enforcement board or unless the decision of the
administrator has been reversed by the special
magistrate or code enforcement board.
(c) Signs constituting traffic hazard. No sign
or other advertising structure as regulated by
this chapter shall be erected at the intersection
of any street in such a manner as to obstruct free
and clear vision; at any location where, because
of the position, shape or color, it may interfere
with, obstruct the view of or be confused with
any authorized traffic sign, signal or device; or
which makes use of any word commonly used on
traffic control signs or signals. Visibility at
intersections shall be in accordance with the
figure [found in section] 94-1.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 94-63. Lighting.
(a) Gooseneck reflectors, spotlights, floodlights
and other lights shall be permitted on ground
signs and wall signs. However, the reflectors
shall be provided with proper lenses concentrat-
ing the illumination upon the area of the sign so
as to prevent the glare upon the street or
adjacent property.
(b) Electrical signs shall comply with applicable
electric codes.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-64. Criteria and standards for
measurement and placement.
(a) Area. The permitted area of ground signs
in all zoning districts, and unless otherwise
specified in this chapter, is dependent on street
frontage of the property on the basis of one
square foot of sign area for each lineal foot of
property frontage up to the maximum specified
in each zoning district. Wall signs shall be
computed on the basis of one square foot of sign
area for each lineal foot of building or tenant
space frontage up to the maximum allowed in
each zoning section. For the purpose of determin-
ing area, the total area of a sign is that within
the smallest parallelogram, triangle, circle or
semicircle or combinations thereof which will
completely enclose the outside perimeter of the
overall sign, including the border, if any, but
excluding supports. Three dimensional signs
shall be measured at the largest vertical cross
section.
(b) Combinations of signs. Except where specifi-
cally permitted, the types and areas of signs may
not be combined to allow a larger size than that
listed for a single sign. Ground signs may be
placed at an angle on a corner at no increase in
size over that of a single sign. The sum or the
area of the faces visible from any one point shall
not exceed that allowed for a single sign.
(c) Corner lots. Where two ground signs are
used on a corner lot, the area of both signs may
not exceed the area allowed for frontage as
provided in subsection (a).
(d) Display of permit number. The sign permit
number for all signs requiring a permit shall be
prominently displayed by the owner or user of
the sign on the property where the sign is
located.
(e) Height, setback and location measure-
ments. Measurements for setback and location
for all signs in all allowable districts shall be
made from that portion of the sign nearest that
point of ground reference to which the measure-
ment is to be made, but in no event shall a sign of
any kind project over public property or public
rights -of -way, whether affixed to a building or
otherwise. The height of signs shall be measured
from grade level at the closest edge of the street
paving and shall include all decorative portions
of the sign. All setback measurements shall be
made from the property lines as a point of
reference to the projecting edge or corner of the
sign, unless otherwise specified.
Supp. No. 32 CD94:15
§ 94-64
CAPE CANAVERAL CODE
(f) Ground signs. Ground signs shall be set
back a minimum of six feet from the property
line. No ground sign shall be placed within the
visibility triangle (refer to figure in section 94-1).
(g) Size limit. No ground sign shall be sup-
ported so that the uppermost edge is more than
20 feet above the grade level from edge of street
pavement. This subsection shall not apply to any
sign on the face of the building. Any sign that is
not attached to a building shall not exceed 150
square feet on its largest front.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-65. Aesthetic requirements of
signs.
The city council may adopt, by resolution or
ordinance, general aesthetic requirements which
pertain specifically to signs and wall murals
permitted by this chapter. Said requirements
may include form -based regulations (e.g. signage
size, materials, illumination, placement, landscap-
ing, scale, etc.) through the use of words, pictures
and diagrams that identify acceptable and unac-
ceptable signage consistent with the require-
ments of this chapter. Upon adoption, said
requirements shall be deemed fully incorporated
into this chapter and shall have the force of law.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs. 94-66-94-75. Reserved.
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temporary on -premise signs must comply
with the temporary signage table below.
On -Premises Temporary Sagnage Table
Type and Use
Conditions
Temporary sign - in general
a, b, c, d, e, f, g,
h, i, j
Temporary signage on
gubernatorial, presidential,
county, city, and any state
and federal primary Election
Day and during the 30 days
prior to and five days after
the Election Day
c, d, e, f, g, h, i,
j, k
On -Premises Temporary Signage Table
Type and Use
Conditions
Banner Sign
e, g, h, l
Bag Sign
a, e, m
Sandwich Board
e, g, h, i, j, n
Feather Flags
Per Sec. 94-86
only
(2) The following conditions shall apply to
any temporary sign unless otherwise provided in
the temporary signage table set forth above:
a. The temporary signage shall: (i) not be
posted more than 14 days prior to the
commencement of the scheduled event or
occurrence, unless a sooner time period
is required by law, and (ii) be removed
when the sign has fulfilled its purpose
(e.g., the scheduled event or occurrence
has concluded).
b. One temporary sign is allowed for every
150 linear feet of property frontage, or
portion thereof unless additional signage
is authorized and required by state or
federal law. Individual tenant spaces shall
be permitted one temporary sign for each
tenant space or unit, regardless of
property frontage.
c. On residential property, no temporary
sign shall exceed six square feet.
d. On nonresidential property, no temporary
sign shall exceed 32 square feet.
e. The temporary sign may be double-faced
(back-to-back) and only one side of a
double-faced sign shall be counted for
sign area calculations.
f. The maximum height shall be four feet
on residential property, or eight feet on
any non-residential property.
g. Minimum setbacks for any part of the
temporary sign structure shall be a
minimum of two feet from any right-of-
way.
h. No part of any temporary sign shall be
placed within the right-of-way or within
the visibility triangle or in any way
which impedes pedestrian and/or
vehicular traffic safety. No part of any
Supp. No. 32 CD94:16
•
•
•
•
•
•
SIGNS § 94-77
temporary sign shall be located so as to
reduce any required parking area. No
part of any temporary sign shall be located
in such a way that it restricts a pedestrian
way and/or sidewalk to less than 44
inches in width. Temporary signs shall
be removed and brought inside a build-
ing when there are storm warnings so as
not to become a hazard during a storm
event
i. Shall be freestanding and shall not rely
on any support that is not a part of the
sign.
j. The temporary sign shall be constructed
of sturdy material such as wood, hard
plastic, vinyl, hardboard or particle board
of sufficient thickness so as to withstand
the weather elements commonly
experienced within the city. Cardboard
and paper -faced temporary signs are
strictly prohibited unless they are safely
fastened, in their entirety, to a backing
made of material set forth in this section.
k. With property owner's consent, during
gubernatorial, primary, presidential,
county and city election years, temporary
signs may be placed on Election Day and
during the 30 days prior to and five days
after the Election Day.
l. A maximum of one banner sign may be
erected on nonresidential property not to
exceed 96 square feet, and on residential
property not to exceed 12 square feet. A
banner sign may be erected for a
maximum of 30 consecutive days on
nonresidential property and a maximum
of 14 consecutive days on residential
property one time during any calendar
year. A banner sign must be securely
fastened in a manner to withstand
weather elements commonly experienced
in the city.
m. Bag signs shall be allowed for 180 days
when the copy area of an existing ground
sign has been damaged and is awaiting
repair, when the business has vacated
the property or when the copy area is
being replaced to accommodate a new or
renamed business. The administrator may
grant an extension of time for good cause
shown provided any extension shall not
exceed 180 calendar days.
n. Sandwich boards: One sandwich board is
allowed for each business located in the
C1, C2 and M1 zoning districts. Sandwich
boards must comply with the following
requirements:
(1) Shall not exceed five feet overall
height.
(2) Shall not exceed 12 square feet in
area.
(3) Shall not be displayed from dusk to
daybreak.
(4) Shall be substantially secured or
weighted to resist movement while
on display.
(5) Shall not encroach into vehicular
circulation areas or be located so as
to reduce parking areas.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014,
§ 2, 9-16-14; Ord. No. 17-2022, § 2, 10-18-22)
Sec. 94-77. Emergency response system.
For 911 and emergency response purposes,
the primary address of the building shall be
displayed on the property and shall be visible
from the public or private street. For commercial
and industrial buildings, the address or range of
addresses shall be incorporated into the signage
permitted for the property with numerals/letters
a minimum of six inches in height in contrasting
colors, but the address shall not be counted
against allowable copy area. In addition to the
address being posted on a single-family residential
mailbox or single-family dwelling, a sign not to
exceed three square feet may be posted on the
dwelling at the main entrance or in the yard,
provided the sign is visible from the public or
private street. The address shall not be counted
against allowable copy area. The display shall be
posted in a manner that is consistent with the
fire and life safety industry standards for post-
ing such emergency response displays.
(Ord. No. 05-2009, § 3, 9-15-09)
Supp. No. 32 CD94:17
§ 94-78
CAPE CANAVERAL CODE
Sec. 94-78. Electronic signs.
Electronic signs may be approved under this
chapter provided the proposed electronic sign
satisfies the following requirements:
(a) A maximum of one electronic sign may be
incorporated into a monument sign or
pylon sign. The electronic sign must be
in compliance with all applicable provi-
sions of this chapter. Further, an electronic
sign shall not be a portable or stand
alone sign and shall be mounted in a
permanent cabinet.
(b) The size of the electronic sign shall be
limited to a maximum size equal to 32
square feet. The maximum area of the
sign shall not exceed 120 square feet.
The electronic sign shall be fully
incorporated within the outer perimeter
of the sign. Further, the size of the
electronic sign shall be included in the
calculation for the total signage allowed
for the property and the overall size
limitation for a particular sign.
(c) The electronic sign shall be limited to
display of alphanumeric characters and
static graphic images or displays only.
The copy content of an electronic display
may change at intervals of no less than
eight seconds. The content of the electronic
display must remain stable and continu-
ous scrolling, blinking, fading, dissolving
or any other effect that gives the appear-
ance of movement is prohibited. Each
electronic display shall contain a complete
standalone message and the message
cannot be broken into segments displayed
sequentially on a different display to
form a complete message. Moving graphic
displays or images of non -alphanumeric
characters (such as simulations of
fireworks, bouncing hearts, lighthouses,
human bodies, and cartoon characters)
shall be prohibited. In addition, the image
or display content shall not contain effects
that are designed to resemble a traffic
control device or emergency vehicle strobe
lighting. However, nothing herein shall
prohibit governmental agencies from using
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)
Supp. No. 32 CD94:18
•
•
•
•
•
SIGNS § 94-83
Sec. 94-79. Projecting signs.
A projecting sign shall be permitted provided
the following minimum standards are satisfied:
(a) It shall not be larger than six feet in its
greatest dimension.
(b) It shall not encroach into a required
building setback by more than three feet.
(c) The lowest portion of the sign shall be at
least seven and one-half feet above grade.
(d) It shall not project into a vehicular
pathway.
(e) It shall not extend above the eave or
parapet line of the building wall on which
it is affixed.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-80. Off -premises signs.
No off-premises sign shall be erected in the
city, except temporary off -premises signs may be
permitted in accordance with section 94-81. Any
off-premises sign erected in violation of this
section shall be removed within 48 hours of
notice to the sign owner and property owner.
However, temporary off -premises signs erected
in violation of this section shall be removed
immediately. If the sign owner or property owner
fails to remove the sign, the city shall do so at
the sign owner's or property owner's expense.
The city shall also have the right to impose an
assessment lien, on parity with real estate taxes,
on the property for any removal expenses incurred
by the city to remove the unlawful off -premises
sign.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-81. Temporary off-premises signs.
(a) Temporary off-premises signs may be
erected upon issuance of a permit by the
administrator provided the temporary off-premises
sign(s) meets the following conditions:
(1) The activity or place so displayed or
promoted on the sign will occur or be
located within the jurisdictional boundar-
ies of the city.
(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)
Supp. No. 32 CD94:19
§ 94-84
CAPE CANAVERAL CODE
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)
Sec. 94-86. Feather signs.
Feather signs approved under this chapter
must comply with the following requirements:
(1) May be erected for a maximum of 30
consecutive days on nonresidential
property one time during any calendar
year upon issuance of a permit by the
city.
(2) Shall be limited to one feather sign for
every 150 linear feet of property front-
age, or portion thereof unless additional
signage is authorized and required by
state or federal law. Individual tenant
spaces occupied by a separate and
independent business located on a
property shall be permitted one such
feather sign for each business, regardless
of the linear feet of property frontage so
that each business operating in separate
space on the property is afforded an
equal opportunity to install one feather
sign.
(3) Shall not exceed one sign area per mount-
ing pole that is no greater than 12 square
feet in area and shall not exceed eight
feet in height from grade.
(4) Shall only be displayed during the
operational hours of the subject business
or event, and shall be removed and
installed inside a building when the busi-
ness or event is not in operation.
(5) Shall be securely attached to a free stand-
ing and removable mounting pole designed
to specifically hold the feather sign and
which is substantially secured to the
ground and weighted to resist movement
while the feather sign is on display.
(6) Shall not encroach into vehicular circula-
tion areas or be located so as to reduce
parking areas.
(7) Minimum setbacks for any part of the
feather sign structure shall be a minimum
of five feet from any right-of-way.
(8) Shall not be placed closer than 20 feet to
another feather sign or freestanding
monument sign.
(9) Shall not interfere with or obstruct the
visibility of a traffic control device.
(10) Shall not be placed within the right-of-
way or within the visibility triangle or in
any way which impedes pedestrian and/or
vehicular traffic safety.
(11) Shall not restrict or obstruct a pedestrian
way and/or sidewalk.
(12) Shall be removed and brought inside a
building when there are storm warnings
so as not to become a hazard during a
storm event.
(13) The use of consistent size and shape of a
feather sign is required when more than
one sign is permitted on a particular
property.
(Ord. No. 17-2022, § 2, 10-18-22)
Secs. 94-87-94-95. 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)
Supp. No. 32 CD94:20
•
•
•
•
•
•
SIGNS § 94-100
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)
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'
Supp. No. 32
CD94:21
§ 94-100
CAPE CANAVERAL CODE
Table 94-96-1 District Restrictions
Type of Sign
R-1
R-2
R-3
C-1, C-2 & M-1
Pub/Rec
Wall
Max. no.
Prohibited
1
1
2 per storefront
or structure,
provided each
structure is a
separate business
2 per structure
Max. area
One s.f. per
linear foot of
building wall that
the sign is on
One s.f. per
linear foot of
building wall that
the sign is on
Parallel to street,
15% of wall
height (x) wall
width of wall that
sign is located on;
max. 160 s.f.
Perpendicular to
street, 15% of
wall height (x)
wall width of wall
that sign is
located on; max.
128 s.f.
Parallel to street,
15% of wall
height (x) wall
width of wall that
sign is located on;
max. 160 s.f.
Perpendicular to
street, 15% of
wall height (x)
wall width of wall
that sign is
located on; max.
128 s.f.
Electronic Signs
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.
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
•
•
•
Supp. No. 32 CD94:22
•
•
•
SIGNS § 94-121
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.
(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
Supp. No. 32 CD94:23
§ 94-121
CAPE CANAVERAL CODE
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.
(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
Supp. No. 32 CD94:24
•
•
•
•
•
•
SIGNS § 94-122
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. 32 CD94:25
•
•
Chapter 102
VEGETATION*
Article I. In General
Secs. 102-1-102-25. Reserved.
Article II. Tree Protection
Division 1. Generally
Secs. 102-26-102-35. Reserved.
Division 2. Land Clearing
Sec. 102-36. Definitions.
Sec. 102-37. Title; applicability; intent and purpose; tree bank.
Sec. 102-38. Enforcement and penalties.
Sec. 102-39. Permits.
Sec. 102-40. Permit criteria; exemptions; standards of review.
Sec. 102-40.5. Exemption for tree removal activities authorized and preempted
by state or federal law.
Sec. 102-41. Specimen trees.
Sec. 102-42. Special waiver provision.
Sec. 102-43. Tree replacement guidelines.
Sec. 102-44. Prohibitions.
Sec. 102-45. Minimum tree requirement.
Sec. 102-46. Tree protection during development and construction; periodic
inspection.
Sec. 102-47. Voluntary tree planting.
Sec. 102-48. Waivers; incentive program; administrative interpretation appeals;
incentive program.
Sec. 102-49. Remedial action.
Sec. 102-50. Open burning of natural cover.
Sec. 102-51. Rules and regulations and fees for implementing this division.
Sec. 102-52. List of desirable species and plants.
Sec. 102-53. List of undesirable species.
Sec. 102-54. Tree replacement standards.
Appendix A. Tree Protection Area Signage
*Cross references —Code enforcement, ch. 2, art. VI; environment, ch. 34; requirements for landscape appearance and
maintenance, § 34-99; weeds and dead vegetation, § 34-121 et seq.; planning, ch. 58; solid waste, ch. 62; fertilizer land
application, ch. 92.
Supp. No. 32 CD102:1
•
•
•
VEGETATION § 102-40
(c) Time for application. Applications for land
clearing permits shall be made prior to tree
removal or land clearing, except that if the tree
removal or land clearing is part of a proposed
development project that requires site plan or
subdivision approval, the application shall be
submitted at the time the site plan or subdivi-
sion application is submitted so that due
consideration may be given to the protection of
trees during the site plan or subdivision process.
Each application for tree removal shall be subject
to review under the site plan and subdivision
process.
(d) Approved site plans, permits, and develop-
ment agreements. All permits issued by the
building official under this division shall be
required to be consistent, and not in conflict,
with any plans, permits, or development agree-
ments approved by the city council or other
appropriate board. All permits or portions thereof
issued by the building official in conflict with any
such approval shall be deemed null and void and
the approval of the city council or appropriate
board shall remain in full force and effect.
(e) Survey permit. A survey permit may be
issued by the building official for the limited
purpose of allowing land clearing and tree removal
for surveys and soil or engineering testing accord-
ing to the following:
(1) Tree removal and land clearing for survey-
ing shall be subject to the land clearing
and tree removal requirements of this
division. The land clearing area for
surveying shall not be greater than five
feet in width or shall not be greater than
eight feet in width with a reasonable
turnaround for soil and engineering test-
ing. The owner of the property proposed
to be cleared or his authorized agent
shall submit a survey permit application
to the building official, on such form as
provided by the city. The survey permit
shall expire after 30 days from the date
of issuance. The building official may
grant an administrative waiver for an
additional 30 days for hardship, includ-
ing adverse weather, size of property and
inability to obtain permits from other
agencies.
(2) When a written survey permit has been
issued, the applicant shall post the survey
permit on the affected property in such a
manner as to be visible from an abutting
road right-of-way. The survey permit shall
remain posted on the affected property
during all applicable land clearing activ-
ity. It is the responsibility of the applicant
to maintain the survey permit form in a
clearly visible manner at all times.
(f) Permit contents. The land clearing or survey
permit, when issued, shall specifically identify
which land areas may be cleared and which trees
shall be permitted to be removed. The permit
merely authorizes the removal of the trees speci-
fied therein. Nothing in this division shall be
construed to require the removal of such trees by
the permittee.
(g) Duration of land clearing permit. A land
clearing permit shall expire 90 days from the
date of issuance for single-family projects and
180 days for subdivisions, multifamily, com-
mercial and industrial projects. Two extensions
of 30 days each may be authorized by the
building official, provided appropriate justifica-
tion warrants, such as unusual weather, seasonal
situations or inability to obtain permits from
other agencies. Trees not removed during the
life of the permit may not be removed without
the issuance of a new permit based upon a new
application.
(h) Posting of land clearing permit. When a
written land clearing permit has been issued,
the applicant shall post the land clearing permit
on the affected property in such a manner as to
be visible from an abutting road right-of-way.
The land clearing permit shall remain posted on
the affected property during all applicable land
clearing activity and until final inspection by the
city. It is the responsibility of the applicant to
maintain the land clearing permit in a clearly
visible manner at all times.
(Ord. No. 05-2005, § 2, 4-19-05)
Sec. 102-40. Permit criteria; exemptions;
standards of review.
(a) Permitted criteria. Upon receipt of a
completed application and verification by the
building official, the building official may, after
Supp. No. 32 CD102:7
§ 102-40
CAPE CANAVERAL CODE
applying the standards of review set forth in
subsection (c), issue a land clearing permit under
any one of the following conditions:
(1) For building and construction sites, as
shown on city -approved site plans,
provided trees and landscaping are
installed on the property in accordance
with section 102-43 of this division.
(2) The trunk of the tree is located closer
than five feet to the foundation of an
existing or proposed structure, and it is
not feasible to relocate the structure,
provided trees and landscaping are
installed on the property in accordance
with section 102-43 of this division.
(3) The trunk of the tree is located closer
than ten feet from the foundation of an
existing or proposed structure and the
tree is considered having an aggressive
root system or the natural mature height
is greater than 30 feet and it is not
feasible to relocate the structure, provided
trees and landscaping are installed on
the property in accordance with section
102-43 of this division.
(4) Trees severely diseased, severely injured
or dead.
(5) Trees that interfere with the construc-
tion or repair of public infrastructure
and facilities.
(6) Undesirable trees, per section 102-53 of
this division.
(7) Trees that have been approved for removal
by the building official and which shall
be replaced elsewhere on the property.
(b) Permit exceptions. The following tree
removal activities are exempt from the permit
requirements of this division:
(1) Trees removed by the city or other
governmental agency and which interfere
with the safety of the motoring public or
disrupt public utilities such as power
lines, drainage systems and other public
utilities.
(2) All trees and plants, within a licensed
tree nursery, planted for harvest provided
said trees and plants are planted and
growing on the premises of the licensee
and are for sale or intended for sale in
their ordinary course of business.
(3) The emergency removal of a dead, hazard-
ous or seriously damaged tree, to mitigate
an imminent threat to the health, safety,
and welfare of the property owner or the
general public. Prior to any emergency
removal, the property owner shall be
required to document the immediate
threat requiring emergency removal with
the following:
a. Photograph(s) of the tree(s), includ-
ing any areas that may be damaged,
diseased or infested;
b. Approximate measurements of the
tree height, spread, and DBH; and
c. Distance to structure(s) or other
immovable, threatened target(s) if
felled.
(4) Land clearing and tree removal activities
authorized and preempted by state or
federal law including, but not limited as
provided in section 102-40.5.
(5) Trees planted specifically for silvicul-
tural purposes provided the property
owner can provide documentation to the
city evidencing that: (i) the property is
requested as a silvicultural site with the
division of forestry; and (ii) trees of typi-
cal harvestable size and type exist on the
property which are capable of being
harvested for income and that the property
has, or intends to, generate income from
the harvested trees.
(6) The removal of any plant or tree that is
an invasive or undesirable species as set
forth in section 102-53.
(7) The removal of vegetation that has been
ordered by the city.
(8) Land clearing and tree removal on parcels
containing an existing residential single-
family dwelling unit or duplex or triplex
that have been issued a certificate of
Supp. No. 32 CD 102:8
•
•
•
•
•
•
VEGETATION § 102-40
occupancy. These parcels shall remain
subject to the provisions of sections 102-41
and 102-45.
(9) Any parcel subject to a city development
order authorizing the construction of a
new residential single-family dwelling
unit, duplex or triplex, or a subdivision
with three or less single-family dwelling
units. These parcels shall remain subject
to the provisions of sections 102-41 and
102-45.
(10) Land clearing and tree removal on
undeveloped parcels in the R-1, R-2 and
R-3 zoning districts that are less than
10,000 square feet. These parcels shall
remain subject to the provisions of sec-
tions 102-41 and 102-45.
(c) Permitted standards of review. When making
decisions under this division, the city shall be
guided by the following standard of review
guidelines:
(1) Necessity to remove trees which pose a
clear and obvious safety hazard to
pedestrian or vehicular traffic or threaten
to cause disruption to public services or a
significant obstacle to accessing and utiliz-
ing public easements and rights -of -way.
(2) Necessity to remove trees which pose a
clear and obvious safety hazard to build-
ings and other improvements on a lot or
parcel of land. Ordinary small cracks or
uplifts in pavement, sidewalks, and non -
occupied structures that are typically
caused by settling and small roots shall
not be considered a safety hazard.
(3) Necessity to remove diseased trees or
trees weakened by age, storm, fire or
other injury or trees with severe structural
defects that pose a clear and obvious
safety hazard to people, buildings or
other improvements on lot or parcel of
land.
(4) The extent to which tree removal is
likely to result in damage to the property
of other owners, public or private, includ-
ing damage to lakes, ponds, streams, or
rivers through runoff or erosion.
(5) Any proposed landscaping including plans
whereby the applicant has planted or
will plant trees to replace those that are
proposed to be cleared.
(6) Topography of the land and the effect of
tree removal on erosion, soil retention
and the diversion or increased flow of
surface water.
(7) Good forestry practices, such as the
number of healthy trees that a given
parcel of land will reasonably support
and the proven techniques that sustain
healthy trees.
(8) Necessity to remove trees in order to
construct approved and permitted
improvements to allow reasonable
economic enjoyment of the property,
including:
a. Need for access around the proposed
structure for construction equip-
ment (maximum of ten feet).
b. Need for access to the building site
for construction equipment.
c. Essential grade changes.
d. Need for locating street or road
rights -of -way, utilities, drainage
ways, as well as the need to provide
reasonable use and property access.
(9) The extent of any damage or demonstrated
hardship which would result to the
applicant from a denial of the requested
permit.
(10) The species and size of the trees proposed
for removal.
(11) The following factors shall also be
considered:
a. Trees forming the current canopy.
b. Preservation of the next generation
of trees.
(12) Whenever a tree condition or risk assess-
ment is required under this division,
such assessment shall be performed on -
site in accordance with the tree risk
assessment procedures outlined in Best
Management Practices —Tree Risk Assess-
Supp. No. 32 CD102:9
§ 102-40
CAPE CANAVERAL CODE
ment, Second Edition (2017) by an arborist
certified by the International Society of
Arboriculture or a Florida licensed
landscape architect and signed by the
certified arborist or licensed landscape
architect.
(Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009,
§ 2, 1-5-10; Ord. No. 01-2015, § 2, 1-20-15; Ord.
No. 18-2022, § 2, 10-18-22)
Sec. 102-40.5. Exemption for tree removal
activities authorized and
preempted by state or
federal law.
Land clearing and tree removal activities
authorized and preempted by state or federal
law include, but are not limited to:
(1) Removal of trees on residential property
which pose an unacceptable risk to persons
or property in accordance with F.S.
§ 163.045, for which no replacement trees
will be required. Property owners remov-
ing trees pursuant to F.S. § 163.045 shall
possess documentation from an arborist
certified by the International Society of
Arboriculture or a Florida -licensed
landscape architect prior to removal of
the tree. For purposes of this section,
"documentation" shall mean an onsite
assessment performed in accordance with
the tree risk assessment procedures
outlined in Best Management Practices —
Tree Risk Assessment, Second Edition
(2017) by an arborist certified by the
International Society of Arboriculture or
a Florida licensed landscape architect
and signed by the certified arborist or
licensed landscape architect. The
documentation must demonstrate that
the tree poses an unacceptable risk to
persons or property and that removal is
the only means of practically mitigating
its risk below moderate, as determined
by the tree risk assessment procedures
outlined in Best Management Practices —
Tree Risk Assessment, Second Edition
(2017). Further, for purposes of this sec-
tion, a "residential property" shall mean
a single-family, detached building located
on a lot that is actively used for single-
family residential purposes and that is
either a conforming use or a legally
recognized nonconforming use in
accordance with the city's applicable land
development regulations. The term
"residential property" for purposes of this
subsection does not include any property
not meeting the aforementioned defini-
tion including, but not limited to, multi-
family property; common areas owned by
a homeowners or condominium associa-
tion; vacant land zoned or designated for
any kind of residential or mixed use with
residential on the city's official zoning
map or future land use map; public rights -
of -way; or land subject to particular
landscaping, tree planting or preserva-
tion requirements pursuant to an executed
development agreement, landscape ease-
ment granted to the city, or conservation
easement.
(2) A right and responsibility granted to an
electric utility to clear vegetation away
from power lines in order to ensure the
safe transmission of electricity to custom-
ers, as provided by state statutes and
Electric Tariff Rules including the preemp-
tion under F.S. § 163.3209.
(Ord. No. 18-2022, § 2, 10-18-22)
Editor's note —Prior to reenactment by Ord. No. 18-2022,
§ 2, adopted Oct. 18, 2022, Ord. No. 12-2009, § 2, adopted
Jan. 5, 2010, repealed § 102-40.5, which pertained to small
scale residential land clearing requirements and derived
from Ord. No. 21-2005, § 2, adopted Jan. 3, 2006.
Sec. 102-41. Specimen trees.
(a) Specimen trees shall be preserved or
relocated on site to the greatest extent feasible.
(b) Notwithstanding any other provision of
this division, specimen trees shall not be removed
except for extraordinary circumstances and hard-
ships and only by final permit approved by the
city council. As a condition of removal of any
specimen tree, the city council shall have the
right to require that replacement trees be planted
or a contribution to the tree bank be made in
accordance with section 102-43, except replace-
ment and/or tree bank contribution shall be
Supp. No. 32 CD102:10
•
•
•
•
•
VEGETATION § 102-43
based on a maximum of a two -to -one ratio of
cumulative diameter (dbh) basis of specimen
trees removed using the data in Table 1.
(c) In reviewing an application for final permit
to remove a specimen tree, the city council shall
consider the following:
(1) Whether the site design, as determined
by a preland-clearing inspection, are
feasible to allow the use permitted, as
established by the applicable zoning
district regulations. Streets, rights -of -
way, easements, utilities, lake perimeters
and lot lines shall be shifted whenever
possible to preserve trees.
(2) Whether the specimen tree is located
within the footprint of the proposed
structure or if more than one-third of the
specimen tree canopy would be required
to be removed in order to accommodate
the proposed structure, and whether or
not it is feasible to relocate the structure.
(3) Whether the location of the specimen
tree prevents any access to the property
from a publicly dedicated and maintained
roadway, or whether the tree constitutes
a hazard to pedestrian or vehicular traf-
fic that cannot be mitigated without
removing the tree.
(4) Whether the location of the specimen
tree interferes with or prevents the
construction of utility lines, drainage facili-
ties, roadways or required vehicular use
area which cannot be practically relocated
or rerouted.
(5) Whether the specimen tree is diseased,
weakened by age, storm, fire or other
injury so as to pose a danger to persons,
property, site improvements or other trees.
(Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009,
§ 2, 1-5-10)
Sec. 102-42. Special waiver provision.
In furtherance of tree protection and preserva-
tion and the related public purposes stated in
section 102-37 of this division, any person or
entity may request a limited waiver from any
provision of the city's land development or zoning
code upon submitting a written application
provided by the city. After review and recom-
mendation by the planning and zoning board,
the city council may grant the waiver under the
following conditions:
(a) The waiver may be granted during the
site plan review process. Such waiver
shall be at the city council's sole discre-
tion on a case -by case basis.
(b) The waiver must directly result in the
preservation of a hardwood tree (e.g.
oak) and/or the implementation of an
extraordinary landscape plan that goes
well beyond the minimum requirements
of the City Code including, but not limited
to, planting additional and larger plant
materials and trees, planting premium
A -grade plants and trees, incorporating
decorative hardship features into the
landscape design (e.g. fountains, decora-
tive fences and walls, trellises, lighting,
etc.), and planting premium A -grade plant
materials and trees on public property.
(c) The waiver is compatible with the sur-
rounding area and the minimum waiver
required to serve the public purpose stated
herein.
(d) No waiver shall be granted which changes
the list of permitted, conditional, special
exception, or prohibited uses or height
restrictions set forth in any zoning district
category.
(e) The waiver must be consistent with the
city's comprehensive plan.
(f) The waiver is not adverse to the public
health, safety and welfare.
(g) Any waiver granted under this section
shall automatically expire and be declared
null and void if the underlying develop-
ment order for the project expires.
(Ord. No. 05-2005, § 2, 4-19-05)
Sec. 102-43. Tree replacement guidelines.
(a) Tree replacement. All trees that are removed
or destroyed and subject to replacement by this
division shall be replaced by a desirable trees or
such other trees properly approved by permit.
Supp. No. 32 CD102:10.1
§ 102-43 CAPE CANAVERAL CODE
Replacement shall occur prior to the issuance of
a certificate of occupancy (if approval is pending)
or within 30 days of removal or destruction,
whichever date is earlier, unless a greater replace-
ment period is provided for good cause by permit.
(b) Criteria. Criteria for replacement trees
are as follows:
(1) Characteristics of replacement trees. The
replacement tree(s) shall have at least
Supp. No. 32 CD102:10.2
•
•
•
•
•
•
APPENDIX A —FRANCHISES
ings, or taxes, including, but not limited
to reasonable attorney's fees through any
and all administrative, pre-trial, trial,
post -trial judgment, and appellate
proceedings. The parties hereto agree
that both Contractor and the City shall
have the right to participate in any discus-
sion or negotiation with the Internal
Revenue Service concerning Contractor's
independent contractor status regardless
of with whom or by whom such discus-
sions or negotiations are initiated. In the
event that any applicable government
agency determines that Contractor is an
employee of the City and the City is
required to pay any additional amount to
any governmental authority based upon
Contractor being reclassified an employee
of the City, Contractor hereby covenants
and agrees to reimburse immediately the
City for any such amount paid to any
such governmental authority and the
costs and expenses associated with defend-
ing the City including, but not limited to,
reasonable attorney's fees. In the event
that Contractor is reclassified as an
employee and becomes eligible for a refund
of any taxes paid to any governmental
agency including, but not limited to, a
claim for refund of self-employment taxes,
then Contractor hereby covenants and
agrees to pursue any such refund and
assign to the City the proceeds from any
such refund.
22.2 No Joint Venture. Nothing herein shall
be deemed to create a joint venture or
principal -agent relationship between the
parties, and neither party is authorized
to, nor shall either party act toward third
persons or the public in any manner
which would indicate any such relation-
ship with the other.
22.3 Entire Agreement. This Agreement
represents the entire understanding and
agreement between the parties hereto
with respect to the subject matter hereof,
and supersedes all prior oral negotia-
tions and written agreements between
the parties. This Agreement may be
Art. VI, 22.0
amended, supplemented, modified, or
changed only by a written instrument
agreeing to said amendment,
supplementation, modification, or change
in the terms hereof by the parties.
22.4 Notices. Any notice, request, instruction,
or other document to be given as part of
this Agreement shall be in writing and
shall be deemed served when either
delivered in person to the following
designated agents or received by
registered or certified United States mail,
return receipt requested, postage prepaid,
or received by facsimile, addressed as
follows:
TO THE CITY:
City Manager
City of Cape Canaveral
105 Polk Avenue (P.O. Box 326)
Cape Canaveral, FL 32920
Ph: 321-868-1220
TO THE CITY ATTORNEY:
Brown, Garganese, Weiss and
D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
Ph: 407-425-9566
TO THE CONTRACTOR:
Regional Vice President
Waste Pro of Florida, Inc.
3705 St. Johns Pkwy
Sanford, Florida 32771
Ph: 407-774-0800
Either party may change the
aforementioned designated agents at any
time by providing written notice of such
change to the other party.
22.5 Captions. Captions to sections throughout
this Agreement are solely to facilitate
the reading and reference to the sections
and provisions of the Agreement. Such
captions shall not affect the meaning or
interpretation of the Agreement.
22.6 Severability. If any section, subsection,
sentence, clause, phrase, or portion of
this Agreement is, for any reason, held
invalid or unconstitutional by any court
Supp. No. 32 CDA:57
Art. VI, 22.0
CAPE CANAVERAL CODE
of competent jurisdiction, such portion
shall be deemed a separate, distinct, and
independent provision. Such holding shall
not affect the validity of the remaining
portions of this Agreement, unless the
City determines that the portions remain-
ing (without the severed portions) have
an adverse effect on the best interests of
City, then City shall have the right to
terminate this Agreement.
22.7 City's Rights of Intervention. Contractor
agrees not to oppose intervention by the
City in any suit or proceeding to which
Contractor is a party, concerning or involv-
ing this Agreement and the City's rights
under this Agreement.
22.8 Attorney's Fees. In the event of litigation
arising out of or relating to this Agree-
ment, the prevailing party shall be entitled
to recover all its reasonable expenses,
including attorney's fees, costs, and other
expenses reasonably and necessarily
incurred, through all administrative, pre-
trial, trial, post judgment, and appellate
proceedings.
22.9 Counterparts. This Agreement may be
executed in any number of counterparts,
each of which when so executed and
delivered shall be considered an original
agreement; but such counterparts shall
together constitute but one and the same
instrument.
22.10 Waiver. Failure of the City to insist
upon performance within any time period
or upon a proper level of service shall not
act as a waiver of the City's right to later
claim a failure to perform on the part of
Contractor.
22.11 Jurisdiction; Venue. This Agreement is
made and shall be interpreted, construed,
governed, and enforced in accordance
with the laws of the State of Florida.
Venue for any state action or litigation
shall be Brevard County, Florida. Venue
for any federal action or litigation shall
be Orlando, Florida.
23.0 Effective Date/Term.
23.1 Effective Date. The effective date of the
Contract shall be October 1, 2014.
23.2 Term. The term of the Agreement shall
extend until September 30, 2027 subject
to an annual evaluation by the City
under paragraph 9.0 and termination as
provided for in paragraph 14.0 of the
Agreement. The term may be extended
pursuant to paragraph 23.3 of the Agree-
ment.
23.3 Renewal. This Agreement shall be
renewed for additional five (5) years terms
by mutual agreement of the parties unless
either party provides notice of non -intent
at least 180 days prior to expiration of
the Agreement or renewal thereof.
(Ord. No. 02-2023, § 2, 2-21-23)
24.0 Disruption in Collection and Disposal
Services.
In the event a disruption (e.g. strike, labor
stoppage, collection equipment in disrepair) causes
Contractor to fall one week or more behind in its
collection schedule, City may, at its option, cause
the collection and disposal services to be performed
by any means available to City. Such means may
include, but not be limited to, City taking over
and operating the collection equipment used in
the performance of this Agreement until such
time Contractor can perform the collection and
disposal services and/or City contracting with a
third party to perform the collection and disposal
services. Any cost incurred by City in exercising
this option shall be charged against Contractor
and the performance bond or alternative letter of
credit furnished by Contractor under this Agree-
ment. The foregoing option shall only be exercised
by a majority vote of the City's City Council after
the City Council has declared that the disruption
has caused an emergency to arise within the
service area that adversely effects the public
health, safety, and welfare.
25.0 Administrative Charges.
Should the Contractor commit any of the
breaches described herein in Contractor's obliga-
tions under this Contact, the City shall be
Supp. No. 32 CDA:58
•
•
•
•
•
APPENDIX A —FRANCHISES
entitled to assess against the Contractor the
amounts listed below, not as a penalty but as
administrative charges.
The City will be entitled to offset any
administrative charges assessed against the
monthly fee otherwise due to Contractor
hereunder or alternatively to collect such dam-
ages from the performance bond.
Each complaint shall be considered legitimate,
unless satisfactory evidence to the contrary is
furnished to the Authorized Representative by
the Contractor. The decision of the Authorized
Representative shall be final. On -site inspection
will be provided by the City to determine the
legitimacy of disputed complaints.
This provision shall not limit other contract
claims or remedies that the City may have
against the Contractor under this Contract.
25.1 Opportunity for Cure Not Required. The
following administrative charges may be
assessed without the need to give the
Contractor the opportunity to cure:
A. Failure to collect missed customers
by 7:00 p.m. the same day when
given notice before noon, or by 12:00
noon the following day when given
notice between 12:00 noon and 5:00
p.m.: $50.00 per incident, a
maximum of $300.00 Per truck per
day.
B. Un-handled complaints over 20 in a
single month: $50.00 per incident
including the first 20.
C. Failure to replace damaged container
within five days for commercial
customers and 72 hours for
residential customers: $50.00 per
incident.
D. Failure to repair damage to
customer's property within seven
days: $100.00 per incident.
E. Equipment operator not properly
licensed: $250.00 per incident.
F. Failure to comply with the current
schedules: $125.00 per incident.
Art. VI, 25.0
G. Failure to complete a route on the
regular pick-up day: $125.00 per
day for each route not completed.
H. Failure to provide proper notifica-
tion prior to residential route
changes: $125.00 per day, per route
not notified.
I. Causing skid marks or spillage
marks on roadways, private
driveways, or any thoroughfare
within the service area: $75.00 per
incident.
J. Causing hydraulic spills or leaks as
well as any other fluids having
potential to damage or stain asphalt,
concrete, or other roadway surfaces:
$250.00 per incident.
K. Failure to clean spillage caused from
residential or commercial route
vehicles leaking from collected
garbage: $150.00 per incident.
25.2 Opportunity for Cure Required. The fol-
lowing administrative charges may be
assessed only (i) after the City has given
Contractor notice and a reasonable
opportunity to cure, or (ii) where the
violation is a repeat violation (i.e., Contrac-
tor has previously failed the specific item
listed at least once within the past 12
months and the City has previously
provided Contractor notice of such failure):
A. Failure to maintain office hours as
required: $100.00 per incident.
B. Failure to provide documents and
reports in a timely and accurate
manner as per agreement: $50.00
per incident.
C. Failure to cover materials, if
appropriate, on all collection vehicles:
$100.00 per incident.
D. Failure to comply with requested
employee roster, proper uniforms,
and employee identification and
safety equipment as per agreement:
$150.00 per incident.
E. Failure to close gates on dumpster
enclosures as well as container lids
Supp. No. 32 CDA:59
Art. VI, 25.0
CAPE CANAVERAL CODE
and locking all locks on commercial
customer locations: $75.00 per
incident.
F. Failure to follow established report-
ing operation or administrative
procedures: $150.00 per incident.
G. Failure to provide monthly tonnage
and recycling data reports: $250.00
per incident.
H. Loaded vehicles left standing on
street unnecessarily: $150.00 per
incident.
I. Failure to drive in the proper direc-
tion: $100.00 per incident.
J. Commingling solid waste with
vegetative waste, recyclable materi-
als, C & D materials or other waste
material: $250.00 per incident.
K. Failure to report recycling activity
monthly in the format determined
by the Contractor, for the purpose of
tracking and verifying City wide
recycling activity: $100.00 per
incident.
26.0 Contractor's Representative.
Contractor shall designate an individual to
act as a representative for Contractor under this
Agreement with the authority to transmit instruc-
tions, receive information, and make or interpret
Contractor's decisions. This person shall be
Contractor's contract administrator. Initially, the
person who shall act as the representative for
Contractor with respect to this Agreement shall
be Tim Dolan, District Manager. Contractor may
from time to time designate other individuals or
delete individual's with the authority to act for
Contractor under this Agreement with the author-
ity to transmit instructions, receive information,
and make or interpret Contractor's decisions. All
deletions or designation of individuals to serve
as a representative shall be given by written
notice.
27.0 Time of the Essence.
Contractor acknowledges and agrees that time
is of the essence for the completion of the
collection and disposal services to be performed
under this Agreement. Unless otherwise extended
in writing by the City, Contractor agrees to
complete the collection and disposal services as
required by this Agreement.
28.0 Sovereign Immunity.
Nothing contained in this Agreement shall be
construed as a waiver of the City's right to
sovereign immunity under Section 768.28, Florida
Statutes, or other limitations imposed on the
City's potential liability under state or federal
law.
29.0 Title to Refuse.
The City shall have the right and title to all
refuse, including recycling, set out for collection.
Once collected by Contractor, ownership of all
refuse, including recycling, collected under this
Agreement shall transfer to the Contractor.
30.0 Public Awareness Campaign.
30.1 General. Contractor agrees to provide,
and assist the City in conducting, a
public awareness campaign to promote
the collection, disposal and recycling
services provided under this Agreement.
All materials and publications used by
Contractor shall be reviewed by the City
and approved by the Authorized
Representative. All materials and publica-
tions used by the City shall be reviewed
by Contractor and approved by
Contractor's representative.
30.2 Contractor shall provide $2,000.00 to the
City, each year on October 1st, for public
awareness of the City's recycling program.
Said amount shall increase by 2.5% each
year during the Agreement term and any
extensions thereof.
30.3 Contractor shall maintain membership
in Keep Brevard Beautiful during the
entire term of the Solid Waste Agree-
ment.
30.4 Contractor and City will conduct a joint
marketing program for small business
recycling. Contractor agrees to tailor its
Supp. No. 32 CDA:60
•
•
•
•
•
APPENDIX A —FRANCHISES Art. VI, 30.0
services to meet the individual needs of a
business. If traditional recycling programs
for multi -family recycling customers are
not deemed acceptable to the customers
and the City, Contractor will design a
recycling option that works for the City
and its multi -family recycling customers.
City of Cape Canaveral, Florida
A Florida municipal corporation
/s/ Rocky Randels
Mayor
Attest:
/s/ Angela M. Apperson
City Clerk
[City Seal]
Witness:
/s/ Richard Meinert
Contractor:
Waste Pro of Florida, Inc.
/s/ Tim Dolan
Regional Vice President
[Corporate Seal]
Supp. No. 32 CDA:61
•
•
•
APPENDIX A —FRANCHISES Art. VI, Exh. A
EXHIBIT A. SOLID WASTE RATES
Exhibit "A" to Solid Waste Franchise Agreement
City of Cape Canaveral Solid Waste Rate Schedule
Solid waste rates
Residential $15.92
Commercial (per cubic yard)
Services billed by the City
$5.95
User Category
Code
Monthly Fee
Effective Jan. 2015
Single Family - CART, vegetative waste, Bulk, single
stream recycling service and weekly clam truck
vegetative waste pick up.
SFR1
$9.75
Mobile Home - CART, vegetative waste, Bulk, single
stream recycling service and weekly clam truck
vegetative waste pick up.
MHR2
$9.75
Multi - Family - vegetative waste, Bulk, single stream
recycling service and weekly clam truck vegetative
waste pick up.
RCCM
$2.95
Commercial CART service
CANS
$11.91
Commercial single stream recycling cart service
CSSR
$1.94
Monthly Container (dumpster) yards
$29.08
Cubic yard rate
See Page 2
[below]
$3.36
Extra pick-up container yards
See Page 2
[below]
$4.38
Wheels & Lock Bars (dumpsters only)
WHEE
$38.76
Description of Services Billed by Contractor
Roll off container:
20, 30 & 40 yard open top per pull $177.20
Roll off compactors:
15, 20, 30 & 40 yard monthly rate $498.39
Compactor per pull charge:
15, 20, 30 & 40 yard per pull $177.20
Delivery charge for all roll off type containers $83.07
Vegetative Waste Special Pick up (use of cherry picker, claw or clam truck):
Full truck per pick up —More than 10 cubic yards $132.90
1/2 truck per pick up —Less than 10 cubic yards $66.45
Commercial Recycling Dumpsters Market
Rates
Supp. No. 32 CDA:63
Art. VI, Exh. A
CAPE CANAVERAL CODE
Size of DumpsterlFrequency of Pick Up
Code
Rate Jan 2015
Dumpster 2 CU
2 PU
GX22
$58.15
Dumpster 2 CU
3 PU
GX23
$96.07
Dumpster 2 CU
4 PU
GX24
$133.98
Dumpster 2 CU
5 PU
GX25
$171.90
Dumpster 2 CU
6 PU
GX26
$209.82
Dumpster 3 CU
2 PU
GX32
$87.23
Dumpster 3 CU
3 PU
GX33
$144.10
Dumpster 3 CU
4 PU
GX34
$200.98
Dumpster 3 CU
5 PU
GX35
$257.85
Dumpster 3 CU
6 PU
GX36
$314.73
Dumpster 4 CU
2 PU
GX42
$116.31
Dumpster 4 CU
3 PU
GX43
$192.14
Dumpster 4 CU
4 PU
GX44
$267.97
Dumpster 4 CU
5 PU
GX45
$343.80
Dumpster 4 CU
6 PU
GX46
$419.63
Dumpster 6 CU
2 PU
GX62
$174.46
Dumpster 6 CU
3 PU
GX63
$288.21
Dumpster 6 CU
4 PU
GX64
$401.95
Dumpster 6 CU
5 PU
GX65
$515.70
Dumpster 6 CU
6 PU
GX66
$629.45
Dumpster 8 CU
2 PU
GX82
$232.61
Dumpster 8 CU
3 PU
GX83
$384.27
Dumpster 8 CU
4 PU
GX84
$535.94
Dumpster 8 CU
5 PU
GX85
$687.60
Dumpster 8 CU
6 PU
GX86
$839.27
(Ord. No. 02-2023, § 3, 2-21-23)
Supp. No. 32 CDA:64
•
•
•
•
•
•
APPENDIX B—SCHEDULE OF FEES
Code
Amount Section
(b) False alarm, second or subsequent response within a one-
year period:
(1) Fire response 150.00
(2) Police response 25.00
(c) Appeal of filing fee 10.00
(d) Permit fee 15.00
15.00
(e) Renewal fee
(f) False alarm fee
30-30(b)
30-33(b)
30-28
30-27(c)
30-31(a)
Number of false alarms
Fee per false alarm
One through three
$0.00
Fourth
$50.00
Fifth
$75.00
Sixth
$100.00
Seventh and above
$200.00 each
(g) Alarm malfunction administrative fee
30-31(b)
Number of false alarms
Fee per false alarm
One through three
$0.00
Fourth
$25.00
Fifth
$25.00
Sixth
$25.00
Seventh
$50.00 each
Chapter 34. Environment
Code
Amount Section
Article IV Weeds and Dead Vegetation
(a) Fees for mowing unimproved platted lots within the city:
(1) Avon -by -the -Sea:
a. For one lot 26.50
b. For each additional lot under one ownership 19.50
(2) Cape Canaveral Beach Gardens:
a. For one lot
b. For each additional lot under one ownership 26.00
32.50
34-121
Supp. No. 32 CDB:7
CAPE CANAVERAL CODE
Article VI. Abandoned Property
(a) Storage fees, per day 10.00 34-188
Chapter 38. Fire Prevention and Protection
Article I In General
Code
Amount Section
(a) Fire protection service charge for fire hydrants located
within Cape Canaveral, effective April 1, 2016, per month,
per water consumer 2.00 38-8
Article IV Fireworks
(a) Permit for public display of fireworks 50.00 38-83
Chapter 62. Solid Waste
Code
Amount Section
(a) Collection fees: 62-5
(1) Single-family, duplex and triplex, per unit per month . 7.67
(2) Mobile home units and individual apartments or
condominiums, per unit per month 4.74
(3) Individual commercial business accounts with trash
cans, per unit per month 11.23
(4) Commercial dumpsters used by commercial busi-
nesses, apartment complexes and condominiums, per
containerized yard per month 27.96
(5) Special collection services, in addition to the normally
provided twice -weekly service for commercial
dumpsters as provided in subsection (4) above, per
containerized yard per pick-up 4.00
(6) Recycling service, per dwelling unit 2.21
(7) Roll -off container service (to be billed and collected by
Western Waste Industries, Inc.)
a. Container delivery, per container 50.00
b. Per pull, per container - 20 cu. yd. 135.00
30 cu. yd 160.00
40 cu. yd 185.00
c. Actual disposal cost shall be added to the pull
charge plus 20 percent
Supp. No. 32 CDB:8
•
•
•
•
•
•
APPENDIX B—SCHEDULE OF FEES
Code
Amount Section
d. Container rental shall not be charged for a
container pulled three or more times per month.
For those pulled less than three times, the rent
shall not exceed, per month 50.00
e. Dry runs (responding to customer's request, but
not being able to pull container) will be charged
the same as the delivery rate
(b) Recycling service, per dwelling unit per month 2.07 62-12
(c) Roll -off container service, to be billed and collected by
Western Waste Industries, Inc.:
(1) Container delivery, per container 50.00
(2) Per pull:
a. 20 cubic yards, per container 135.00
b. 30 cubic yards, per container 160.00
c. 40 cubic yards, per container 185.00
(3) Actual disposal cost shall be added to the pull charge
plus 20 percent.
(4) Container rental:
a. For a container pulled three or more times per
month No charge
b. For containers pulled less than three times, the
rent per month shall not exceed 50.00
(5) Dry runs (responding to customer's request but not
being able to pull container) will be charged the same
as the delivery rate.
(d) Processing charge for each bill each month to cover the
cost of handling and mailing the bills 0.85
(e) Application/Renewal fee —Small Hauler Franchise 1,000.00 62-7
(Res. No. 2003-26, § 1, 6-17-03; Res. No. 2023-09, § 2, 5-16-23)
Chapter 66. Streets, Sidewalks and Other Public Places
Article III. Excavations
(a) Permit fee
(b) Road cut deposit
Code
Amount Section
50.00 66-83
300.00 66-84
Supp. No. 32 CDB:9
CAPE CANAVERAL CODE
Chapter 70. Taxation
Article III. Local Business Tax
Code
Amount Section
Business Tax Receipt Application Fee 30.00 70-69
(a) Transfer of license:
(1) For transfer of location by same owner 3.00 70-80
(2) For transfer of ownership 3.00 70-80
Chapter 74. Traffic and Vehicles
Article IV. Operation of Golf Carts and Low -Speed Vehicles on Roads
(a) Initial registration of golf carts (valid 1 year)
(b) Annual renewal registration of golf carts
(Res. No. 2023-08, § 2, 5-16-23)
Chapter 78. Utilities
Article II. Sanitary Sewer System
Code
Amount Section
150.00 74-81(a)
100.00 74-81(a)
Code
Amount Section
(a) Connection to sewer:
(1) Inspection fee (tap fee) 25.00 78-27
(2) Late charge 75.00 78-28
(b) Wastewater discharge permit:
(1) Initial application 75.00 78-99
(2) Renewal (annual) 20.00 78-99
(c) Reviewing accidental discharge and construction plans
and specifications 150.00 78-99
(d) Surcharge for abnormal strength wastes (tiered rate
schedule):
(1) For each parameter on the first day 100.00 78-111
(2) Progressing upward, each day, by increments of 100.00 78-111
(3) Maximum for each parameter violation, per day 1,000.00 78-111
Supp. No. 32 CDB:10
•
•
•
•
•
•
APPENDIX B-SCHEDULE OF FEES
(e) Impact fees [Code section 78-121 et seq.]:
Sanitary Sewer Impact Fee by Classification and Amount
ERUs
Amounts1
Sanitary Sewer Impact Fee per ERU
$1,348.80
Residential:
(a) Single Family
1.0000
$1,348.80
(b) Multiple Family (Per Dwelling Unit/ERU)
1.0000
$1,348.80
(c) Each Mobile Home Space
1.0000
$1,348.80
Commercial2:
(a) Barber and Beauty Shops, per chair
0.3125
$421.50
(b) Bowling Alleys, per lane
0.2083
$281.00
(c) Churches, per seat
0.0125
$16.86
(d) Dentist Office, per dentist
1.0417
$1,405.00
(e) Doctor Office, per doctor
1.0417
$1,405.00
(f) Food Service Operations
(1) Restaurant, per seat
0.1667
$224.80
(2) 24-hour Restaurant, per seat
0.2500
$337.20
(3) Bar and Cocktail Lounge, per seat
0.0833
$112.40
(4) Drive -In Restaurant, per car space
0.2083
$281.00
(g) Hospitals, per bed
0.8333
$1,124.00
(h) Hotels, Motels, per room
(1) Regular per room
0.4167
$562.00
(2) Resort Hotels, Camps, Cottages per room
0.8333
$1,124.00
(3) Add for establishments with self-service laundry facilities
per machine
3.1250
$4,215.00
(i) Laundry Facilities, per washing machine
3.1250
$4,215.00
(j) Nursing, Rest Homes, per person
0.4167
$562.00
(k) Office Building, per worker
0.0625
$84.30
(1) Schools, per student
0.0417
$56.20
(m) Service Stations, per water closet and per urinal
(1) Open 16 hours per day or less
1.0417
$1,405.00
(2) Open more than 16 hours per day
1.3542
$1,826.50
(n) Shopping Centers without Food or Laundry, per square foot
or floor space
0.0004
$0.56
(o) Stores, per bathroom
0.8333
$1,124.00
(p) Theaters, indoor, per seat
0.0167
$22.48
(q) Recreational vehicle space for overnight stay, without water
and sewer hookup per vehicle space
0.2083
$281.00
(r) Recreational vehicle space for overnight stay, with water
and sewer hookup per vehicle space
0.3125
$421.50
1 All Sanitary Sewer Impact Fees shall be determined based on the greater of 1 ERU or the amount calculated
pursuant to the above table.
2 Sanitary Sewer Impact Fees for Connections not specifically identified above shall be determined by using greater
of the Fixture Unit basis or the Flow Basis.
Supp. No. 32 CDB:10.1
•
•
•
APPENDIX B—SCHEDULE OF FEES
Special Inspection (after-hours, weekend, holiday,
arranged two days in advance). Minimum four-
hour charge for weekends and holidays
$50.00 per hour
Final Inspection. Fine for failure to obtain a
final approved inspection for a permit before it
expires. No further permits may be issued to
any contractor or permit applicant with an
outstanding fine or to any contractor with an
expired permit due to failure to obtain a final
inspection.
$110.00
Article V. Registration and Maintenance of Properties in Foreclosure
Registration and re-registration fee
Chapter 86. Concurrency Management System
(a) Concurrency evaluation review fee:
(1) Multi -family project, per building
(2) Commercial project, per building
(3) Single-family home
(4) Improvements of insignificant impact (as defined by
Ordinance No. 3-90)
(b) Reservation of priority of an applicant over subsequent
applications is by prepayment of concurrency review fees
Chapter 90. Floods
Article IV. Stormwater Management
(a) Permit fee:
Site development project
including $100,000.00
Site development project
$100,000.00
construction cost up to and
construction cost exceeding
Amount
Code
Section
200.00 82-119
Amount
100.00
100.00
100.00
20.00
Amount
$1,000.00
1% of construc-
tion cost
Code
Section
86-5
86-7
Code
Section
90-131
(b) Inspection fee 90-195
Supp. No. 32 CDB:17
CAPE CANAVERAL CODE
Chapter 94. Signs
(a) Permit fee shall be calculated on actual contract cost
using subsection (a) of Chapter 82 of Appendix B
(b) Reinspection fee
(c) For commencing work without a permit, all fees shall be
double
(d) Temporary off-premises signs, feather signs, banners and
temporary nonresidential signs greater than 12 sq. ft
Chapter 98. Subdivisions '
(a) Variance application fee
(b) Plat fee schedule. The fee schedule for review of replat/
subdivision of land shall be:
(1) One, two or three lots
Code
Amount Section
50.00 94-35
50.00
94-81, 94-86
and 94-4(7)
Code
Amount Section
250.00 98-4
500.00
98-53
(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
(a) Removal of tree in lieu of replacement, per inch of dbh ... .
Chapter 110. Zoning.
Code
Amount Section
50.00 102-41
Code
Amount Section
(a) Application for rezoning 825.00 110-92
(b) Application for proposed amendment to chapter 275.00 110-92
(c) Application for a special exception or variance 825.00 110-92
(d) Application for appeal of administrative decision 275.00 110-92
Supp. No. 32 CDB:18
•
•
•
•
•
•
APPENDIX B-SCHEDULE OF FEES
(e) Site plans:
(1) Fee schedule. The fee schedule for site plan review
shall be:
Code
Amount Section
110-223
a. One, two and three residential units 825.00
b. Four or more residential units 825.00
c. Commercial structures 825.00
d. Extension of site plan 165.00
(2) Resubmission. Changes to originally approved site
plans shall be charged at a rate equal to 50 percent
of the original fee.
(f) Zoning compliance letter 55.00
(g) Application for development review committee 275.00
(h) Fence height exemption filing fee 37.50 110-470
(i) Vacation rentals: 110-489
(1) Safety inspection fee (per unit) 75.00
(2) Safety reinspection fee (per unit) 50.00
(3) Annual registration fee (per unit):
a. Non -homesteaded 300.00
b. Homesteaded 200.00
(4) Late registration fee 50.00
(5) Ownership/agent transfer fee 50.00
(Res. No. 90-22, § 1, 4-18-90; Res. No. 90-35, § 1, 6-19-90; Res. No. 92-12, § 1, 3-17-92; Res. No. 92-18,
§ 1, 4-21-92; Res. No. 92-19, § 1, 4-21-92; Res. No. 92-56, § 1, 10-20-92; Res. No. 93-08, § 1, 5-4-93; Ord.
No. 31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23,
§ 1, 5-3-94; Res. No. 94-94; § 1, 7-19-94; Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95; Res.
No. 95-22, § 1, 6-29-95; Res. No. 95-23, § 1, 6-29-95; Res. No. 95-25, § 1, 7-18-95; Res. No. 96-26, § 1,
5-21-96; Res. No. 96-32, § 1, 6-18-96; Res. No. 96-62, § 1, 12-17-97; Ord. No. 97-15, § 1, 5-20-97; Ord.
No. 97-18, § 1, 6-17-97; Ord. No. 97-36, § 1, 10-7-97; Res. No. 28-98, § 1, 9-15-98; Res. No. 22-00, § 1,
7-18-00; Res. No. 2000-40, § 1, 10-3-00; Res. No. 2000-42, § 1, 10-3-00; Res. No. 2001-04, § 1, 2-6-01;
Res. No. 2002-026, § 1, 7-16-02; Ord. No. 13-2003, § 4, 5-20-03; Ord. No. 13-2004, § 3, 7-20-04; Res. No.
2007-25, § 1(Exh. A), 9-18-07; Res. No. 2009-19, § 2(Exh. A), 8-4-09; Ord. No. 05-2009, § 4, 9-15-09;
Res. No. 2009-19, § 2(Exh. A), 9-1-09; Res. No. 2010-05, § 2, 3-2-10; Res. No. 2010-22, § 2, 10-19-10;
Res. No. 2010-34, § 2, 12-21-10; Res. No. 2011-29, § 3, 11-15-11; Res. No. 2012-05, § 2, 4-17-12, eff.
10-1-12; Res. No. 2012-06, § 2, 4-7-12, eff. 10-1-12; Res. No. 2012-08, § 2, 5-15-12; Res. No. 2013-13, § 3,
8-20-13; Res. No. 2013-14, § 2, 8-20-13; Res. No. 2016-05, § 3, 4-19-16; Res. No. 2016-12, § 3, 8-16-16;
Ord. No. 02-2017, § 2, 1-17-17; Res. No. 2017-15, § 2, 8-15-17; Res. No. 2017-08, § 2, 7-18-17; Res. No.
2017-09, § 2, 7-18-17; Res. No. 2019-05, § 2(Exh. A), 5-21-19; Res. No. 2020-01, § 2, 6-16-20, eff.
10-1-20; Res. No. 2021-09, § 2, 7-20-21; Ord. No. 16-2022, § 2, 7-19-22; Res. No. 2022-25, § 2, 10-18-22)
Supp. No. 32 CDB:19
•
•
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
17-2022 10-18-22 2 94-1
Added 94-6(gg)
94-76
Added 94-86
18-2022 10-18-22 2 102-40
Added 102-40.5
2022-25(Res.) 10-18-22 2 App. B, Ch. 94
02-2023 2-21-23 2 App. A, Art. VI,
§ 23.2
3 App. A, Art. VI,
Exh. A
03-2023 2-21-23 2 22-33
Added 22-51
2023-03(Res.) 3-21-23 2, 3, 6 Added 74-77.5
04-2023 4-18-23 2 90-35
90-70
90-77
90-91
Rpld 90-92, 90-93
Rnbd 90-94, 90-95
as 90-92, 90-93
Added 90-110
3 82-31
82-88
Rpld 82-146
84-147
82-148
2023-08(Res.) 5-16-23 2 Added App. B, Ch. 74
2023-09(Res.) 5-16-23 2 App. B, Ch. 62
07-2023 6-20-23 2 26-3
Supp. No. 32 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
1.01
34.191
ch. 50
50.041
50.051
60.05
chs. 97-106
100.151
100.181
100.342
101.657
ch. 106
ch. 112, pt. III
112.061
112.3135
112.3143
ch. 119
119.011
119.021
119.071(3)
161.053
161.055
161.52 et seq.
161.54
161.141
161.142
161.161
161.163
ch. 162
Section
this Code
1-2
Ch. 50
82-221
2-253
82-221
2-253
82-221
2-292
2-296
2-297
Ch. 26
26-1
26-6
2-26
26-6
26-6
26-5
Char. § 7.02
Char. § 7.01
2-300
Char., § 7.03
2-67
78-98
2-116
2-116
2-63
Ch. 14, Art. III
90-77
90-55
Ch. 82, Art. IV
90-79
90-55
Ch. 14, Art. III
Ch. 14, Art. III
Ch. 14, Art. III
Ch. 2, Art. VI
2-248
2-250
2-255.2
2-256
2-257
2-258
2-260
2-263
2-282
2-296
F.S.
Section
ch. 162, pt. I
162.09(3)
162.21(6)
162.22
ch. 163
163.045
163.387
163.3161-163.3211
163.3161 et seq.
163.3174
163.3180(12)
163.3180(16)
163.3180(16)(b)1
163.3180(16)(e)
163.3209
163.3220
ch. 166
166.021(1)
166.021(10)
166.04
166.041
166.101
166.101 et seq.
166.231
166.231(1)(b)
166.232
166.3164
167.22
ch. 170
ch. 177
Section
this Code
10-92
34-42
82-400(f)
91-7
102-37
2-255
78-60
2-287
10-92
22-50
58-56
110-37(a)
102-40.5
22-50
58-57
115-15
58-56
86-22
86-26
86-21
86-23
86-25
102-40.5
86-2
110-37
110-37(a)
App. A, Art. II
2-300
110-137
1-11
10-87
110-137(e)
Ch. 2, Art. V
Ch. 70
Ch. 70, Art. II
70-27
70-29
Ch. 70, Art. II
115-1(7)
App. A, Art. III, § 8
90-192
Ch. 98
98-1
98-31
98-41
98-58
Supp. No. 32 SLT:1
CAPE CANAVERAL CODE
F.S. Section F.S. Section
Section this Code Section this Code
110-423 380.04 86-2
177.25 et seq. 110-222 ch. 381 10-163
ch. 192 et seq. Ch. 70 110-332
193.1142 22-50 110-341
ch. 194 102-36 110-352
196.075 70-1 110-609
196.075(3) 70-1 381.0065 90-55
203.012 70-26 ch. 386, pt. I 10-62
ch. 205 Ch. 70, Art. III ch. 399 82-221
70-83 402.302 110-1
205.043(2), (3) 70-81 ch. 403 78-275
205.053 70-75 403.91 et seq. Ch. 106, Art. II
205.053(1) 70-74 403.413 Ch. 34, Art. II
70-76 403.415 Ch. 34, Art. V
205.053(2) 70-75 403.702 et seq. Ch. 62
205.053(3) 70-75 403.7046 62-4
206.9925 54-9 403.801 et seq. 106-29
215.85 2-206 403.9337 92-14
ch. 286 Ch. 2, Art. II, Div. 403.9338 92-2
3 413.08 54-13
286.0113(1) 2-63 ch. 458 110-489
286.0115 2-66 458.3265 2-295
ch. 316 54-8 110-1
74-1 ch. 459 110-489
74-63 459.0137 2-295
316.003 74-56.5 110-1
316.008(1)(e) 54-8 ch. 465 110-1
316.194 74-56 ch. 468 82-32
316.195 34-34 82-148
316.212 74-76 ch. 470 62-1
316.212(1) 74-77.5 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
Supp. No. 32 SLT:2
•
•
•
•
•
•
STATE LAW REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
553.73(5) 90-66 775.083 2-286
553.73(8) 82-400(e) Ch. 50
553.73(10)(k) 90-50 50-1
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(0) 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
Supp. No. 32 SLT:3
CAPE CANAVERAL CODE
F.S. Section
Section this Code
ch. 849 10-200
54-14
849.231 54-14
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. 32 SLT:4
•
•
•
•
•
•
CODE INDEX
Section
BIDS AND BIDDING (Cont'd.)
Purchasing generally
See: PURCHASES AND PURCHAS-
ING
BILLBOARDS. See: SIGNS AND
BILLBOARDS
BIRDS. See: ANIMALS AND FOWL
BLIGHT
Property maintenance standards
See: PROPERTY MAINTENANCE
STANDARDS
BLOCKS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
Section
BOATS, DOCKS AND WATERWAYS (Cont'd.)
2-216 et seq. Outdoor entertainment events
Permit; water craft, use of 10-71
Stormwater drainage
Illicit discharge and connection
Watercourse protection 78-411
Vessel control and water safety
Area of enforcement 54-48
Careful and prudent operation required 54-50
Definitions 54-47
34-91 et seq. Designation of areas of regulated water
activities 54-52
Designating additional areas of
regulated water activities,
procedure for 54-53
Enforcement
Area of enforcement 54-48
Means of enforcement 54-49
Penalties 54-55
Exemptions 54-54
Means of enforcement 54-49
Penalties 54-55
Purpose and findings 54-46
Speed not to be greater than what is
reasonable under the conditions . 54-51
Water safety. See herein: Vessel Control
and Water Safety
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
Zoning regulations
Boats, vessels and boat trailers
Living aboard 110-552
Living or residing in boats, utility
trailers, recreational vehicles
and special purpose vehicles 110-553
Location of 110-551
Parking and storage 110-554
BODIES OF WATER. See: BOATS, DOCKS
AND WATERWAYS
98-1 et seq.
BOARDS, COMMITTEES AND COMMIS-
SIONS
Board of adjustment 110-2
See: LAND DEVELOPMENT CODE
Business and cultural development board 22-26 et seq.
See: BUSINESS AND CULTURAL
DEVELOPMENT BOARD
Code enforcement board 2-256 et seq.
See: CODE ENFORCEMENT BOARD
Code of conduct 2-172
Community appearance review board 22-36 et seq.
See: COMMUNITY APPEARANCE
REVIEW BOARD
Construction board of adjustments and
appeals 82-32 et seq.
Building code. See: LAND DEVELOP-
MENT CODE
Criminal nuisance abatement board 2-292 et seq.
See: CODE ENFORCEMENT
Culture and leisure services board 54-26 et seq.
See: PARKS AND RECREATION
Definitions and rules of construction 1-2
Delegation of authority
Definitions and rules of construction 1-2
Joint authority
Definitions and rules of construction 1-2
Library
Library board 46-26
Planning and zoning board 110-3
See: LAND DEVELOPMENT CODE
Uniform procedures and requirements 2-171
BOATS, DOCKS AND WATERWAYS
Exhaust of motorboats
Noises, enumeration of prohibited 34-153(6)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Litter, throwing in river or other body of
water 34-36
BODIES POLITIC AND CORPORATE
Persons; definitions and rules of construc-
tion extended and applied to
BONDS, SURETY OR PERFORMANCE
Certain ordinances not affected by Code .
Franchise regulations generally. See:
FRANCHISES (Appendix A)
Purchasing regulations
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
BOOKS
Library
Established
Library board
1-2
1-10(a)(2)
2-218(9)
94-1 et seq.
46-1
46-26
BOTTLED GAS
Public service tax 70-26 et seq.
See: TAXATION
Supp. No. 32 CDi:3
CAPE CANAVERAL CODE
Section
BOUNDARIES
Corporate limits
Definitions and rules of construction 1-2
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
BREVARD COUNTY. See: COUNTY
BRIDGES
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
BRUSH. See: WEEDS AND DEAD VEGETA-
TION
98-1 et seq.
BUDGET
City manager
Powers and duties 2-101(4)
BUFFERS AND BUFFERING
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
BUILDINGS. See also: LAND DEVELOP-
MENT CODE
Building appearance and maintenance... 34-98
Building code
Generally 82-31 et seq.
Unsafe building abatement code 82-56 et seq.
Buildings and building regulations
See: LAND DEVELOPMENT
CODE
Building sewers and connections 78-76 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Community appearance review board 22-36 et seq.
See: COMMUNITY APPEARANCE
REVIEW BOARD
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Construction noise 34-154
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Franchise regulations generally. See:
FRANCHISES (Appendix A)
Impact fees 2-231 et seq.
See: IMPACT FEES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Section
BUILDINGS (Cont'd.)
Local amendments to Florida Building
Code, Building
Technical amendments to Florida Build-
ing Code
Building, and Florida Building Code,
Existing Building 82-148
Residential 82-147
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Old building sewers 78-80
Parks and recreation
Injuring, interfering with, etc., build-
ings and other property 54-20
Permits and miscellaneous fees
Fees schedule in general. See: FEES
(Appendix B)
Plan checking fee
Fees schedule in general. See: FEES
(Appendix B)
Public service tax 70-26 et seq.
See: TAXATION
Registration and maintenance of proper-
ties in foreclosure 82-116 et seq.
See: PROPERTY
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Weeds and dead vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
BULK CONTAINERS
Solid waste 62-1 et seq.
See: SOLID WASTE
BULKHEADS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
BURGLAR ALARMS. See: ALARM
SYSTEMS
BURNING
Solid waste
BURYING/BURIAL
Solid waste
Trash, rubble or other debris
BUSINESS AND CULTURAL DEVELOP-
MENT BOARD
Advisory capacity
Composition
Definitions
Established
Indebtedness
Purpose and duties
98-1 et seq.
62-11(b)
62-11(c)
34-41
22-34
22-28
22-26
22-27
22-35
22-33
Supp. No. 32 CDi:4
•
•
•
•
•
•
CODE INDEX
CODE ENFORCEMENT (Cont'd.)
Scheduling and conduct of hearing
Special magistrate
Administrative fines; costs of repairs;
and filing of liens
Appeal order
Code references to
Powers
Proceedings; duties, responsibilities and
powers
Service of notice for proceedings
Special magistrates
Section
CODE OF ORDINANCES*
Altering Code
Amendments to Code
Catchlines of sections
Certain ordinances not affected by Code
Chapters or sections, references to
Code does not affect prior offenses, rights,
etc
Definitions and rules of construction
Effect of repeal of ordinances
General penalty; attorneys' fees and costs
History notes
How Code designated and cited
Provisions considered as continuation of
existing ordinances
References and editor's notes
Severability of parts of Code
Supplementation of Code
CODES
Boards, committees and commissions; code
of conduct
City council; code of conduct
City election code adopted
Local amendments to Florida Building
Code, Building 82-147 et seq.
See: BUILDINGS
Technical codes. See that subject
COMMITTEES AND COMMISSIONS. See:
BOARDS, COMMITTEES AND COM-
MISSIONS
COMMUNICATION SERVICES
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Public service tax
Generally
See: TAXATION
70-26 et seq.
*Note —The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other mat-
ters pertaining to the use, construction and interpretation of
this Code are contained in the adopting ordinance and
preface which are to be found in the preliminary pages of this
volume.
Section
COMMUNITY APPEARANCE REVIEW
BOARD
Board
Established
2-252 Membership
2-255.1 Proceedings of the board
2-249 Qualifications of members
2-262 Compliance with other code provisions
Concept plans
Permits
Appeals and review
Application criteria
Approval prerequisite for permits
Building permits; enforcement
Notice of approval or denial
Procedure
Statement of findings and purpose
2-263
2-253
2-261
22-37
22-37
22-39
22-37
22-41
22-45
22-46
22-44
22-40
22-47
22-43
22-42
22-36
COMMUNITY DEVELOPMENT
Business and cultural development board 22-26 et seq.
Community appearance review board 22-36 et seq.
1-8 Community redevelopment
1-2 Community redevelopment advisory
1-9 board 22-51
1-15 Redevelopment trust fund 22-50
1-4 Land development code regulations re
1-1 zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
1-7
1-6
1-14
1-12
COMPETITIVE BIDS
Purchasing 2-216 et seq.
See: PURCHASES AND PURCHAS-
ING
COMPREHENSIVE PLAN
Local planning agency
2-172 Designation of agency, department, com-
2-28 mittee or person to prepare
26-1 comprehensive plan
CONCURRENCY MANAGEMENT SYSTEM
Fees schedule in general. See: FEES
(Appendix B)
Land development code regulations
See: LAND DEVELOPMENT CODE
Sanitary sewer system
See: SEWERS AND SEWAGE
DISPOSAL
58-58
86-1 et seq.
78-26 et seq.
CONNECTIONS
Sewer connections 78-27 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
CONSTRUCTION
Coastal construction code
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
Construction site stormwater runoff control
Definitions
Design requirements
Emergency exemption
82-88 et seq.
90-200
90-204
90-207
Supp. No. 32 CDi:7
CAPE CANAVERAL CODE
CONSTRUCTION (Cont'd.)
Enforcement, inspections and penalties
Erosion and sediment control plan
Inspection
Permits
Review and approval
Solid waste
Unlawful acts
Construction and demolition debris
Stormwater drainage
Illicit discharge and connection
Industrial or construction activity
discharges
CONTRACTORS
Local business tax
Contractors and subcontractors
Special requirements for
CONTRACTS AND AGREEMENTS
Certain ordinances not affected by Code
City attorney
Duties
Code does not affect prior contracts
establishing or occurring
Franchise agreements
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code
Concurrency management system
Transportation facility proportion-
ate fair -share mitigation
program
Proportionate fair -share agree-
ments
Purchasing
See: PURCHASES AND PURCHAS-
ING
Right-of-way use agreements
Vested rights agreements
CORPORATE LIMITS
Definitions and rules of construction
COUNCIL. See: CITY COUNCIL
COUNTY
Animal control ordinance
See: ANIMALS AND FOWL
Definitions and rules of construction
Floodplain management
See: LAND DEVELOPMENT CODE
COURTS
Code enforcement citations
Payment of penalty; court hearings
Costs for police education and training
Kelo vs. City of New London court deci-
sion re economic development and
eminent domain
CAPE CANAVERAL CODE
Section
90-206
90-203
90-205
90-201
90-202
Section
COURTS (Cont'd.)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
CULTURAL DEVELOPMENT. See: BUSI-
NESS AND CULTURAL DEVELOP-
MENT BOARD
62-11(g) CYCLONES
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
78-408
70-85
D
DANCING AND DANCEHALLS
Alcoholic beverage establishments
Nudity on premises 6-27
DEBRIS. See also: SOLID WASTE
Burial of debris 34-41
1-10(a) DEDICATIONS
Land development code regulations re
2-126(6) zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
1-8 Plats or subdivisions
66-1 Certain ordinances not affected by Code 1-10(a)(12)
86-28
2-216 et seq.
66-1
115-10
1-2
14-26 et seq.
1-2
90-26 et seq.
2-289
50-3
2-70
DEEDS
Certain ordinances not affected by Code . 1-10(a)(2)
DELEGATION OF AUTHORITY
Definitions and rules of construction
1-2
DENSITY
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
DEPARTMENTS AND OTHER AGENCIES
OF CITY. See also: BOARDS, COMMIT-
TEES AND COMMISSIONS
City manager
Powers and duties
Definitions and rules of construction
Delegation of authority
Definitions and rules of construction
Fire department
See: FIRE PREVENTION
Joint authority
Definitions and rules of construction
Local planning agency
See: PLANNING AND DEVELOPMENT
Police department
Stormwater drainage
Illicit discharge and connection
Authorized enforcement agency
2-101(6)
1-2
1-2
38-56 et seq.
1-2
58-56 et seq.
42-26
78-401
Supp. No. 32 CDi:8
•
•
•
•
•
•
CODE INDEX
Section Section
DEVELOPMENT DISTRICTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
DEVELOPMENT. See: PLANNING AND
DEVELOPMENT
Supp. No. 32 CDi:8.1
•
•
•
CODE INDEX
INSURANCE AND INSURANCE
COMPANIES
Fireworks
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Outdoor entertainment events
Permit insurance requirements
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Vehicles for hire
Section
38-86
10-63
94-1 et seq.
80-5
INTERSECTIONS
Visibility at intersections
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
INTOXICATING BEVERAGES. See:
ALCOHOLIC BEVERAGES
ITINERANT MERCHANTS. See: PED-
DLERS, CANVASSERS AND SOLICI-
TORS
JOINT AUTHORITY
Definitions and rules of construction
L
1-2
LAND CLEARING
Tree protection 102-36 et seq.
See: LAND DEVELOPMENT CODE
LAND DEVELOPMENT CODE
Abandoned signs 94-62(a)
Aesthetic requirements of signs 94-65
Alleys
Subdivision design standards 98-110
Alterations
Natural surface waters 90-173
Appeals and arbitrations
Concurrency management 86-3
Area
Subdivisions 98-5
Zoning requirement 10-336 et seq.
See within this title: Zoning
Awnings and canopies 94-82
Blocks
Subdivision design standards 98-106
Boundary line survey
Subdivisions 98-93
Bridges
Subdivisions
Design standards 98-116
Buffers
Protection of trees and vegetation of
buffers 102-41
Buildings and building regulations
Additional data 82-16
LAND DEVELOPMENT CODE (Cont'd.)
Building code, Florida
Adopted
Appeals
Establishment of construction board
of adjustment and appeals
Procedures of the board
Building department
Employee qualifications
Citations; unlicensed contractors; failure
to obtain building permit
Administrative hearings; accrual of
penalties
Citation form
Construction contracting violations,
citation authorized for
Correction of violation; payment of
penalty; notice of hearing
Findings
Intent; purpose
Notices
Penalty
Refusal to sign citation
Special magistrate or code enforce-
ment board
Decisions, appeals of
Orders, recording
Stop work
Coastal construction code
Structural requirements for major
structures
Design conditions
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Existing building inspections
General
Hazardous occupancies
Inspection service
Liability
Local amendments to Florida Building
Code, Building
Technical amendments to Florida
Building Code
Building, and Florida Building
Code, Existing Building
Residential
Local business tax receipt required for
contractors
Numbering of buildings and property
Administration
Assignment of numbers
Numbering multiple -family structures
Posting and specifications of numbers
Purpose
System established; incorporation of
map
Permit intent
Permitting and inspection
Section
82-31
82-33
82-32
82-34
82-3
82-4
82-383
82-378
82-377
82-382
82-376
82-375
82-386
82-379
82-380
82-384
82-385
82-381
82-88
82-89
86-1 et seq.
82-20
82-8
82-17
82-21
82-7
82-148
82-147
82-2
82-368
82-369
82-370
82-371
82-366
82-367
82-14
82-13
Supp. No. 32 CDi:15
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
Proof of competency
Property maintenance code,
international
Adopted 82-221
Public right-of-way 82-19
Records 82-6
Restrictions on employees 82-5
Revocation of permits 82-11
Right of entry 82-9
Schedule of permit fees 82-15
Special foundation permit 82-18
Stop work orders 82-10
Tests 82-22
Unsafe building abatement code,
standard
Adopted 82-56
Unsafe buildings or systems 82-12
Bulkheads and retaining walls
Subdivision design standards 98-118
Burials
Stormwater management
Bury inspections 90-195(2)
C-1 Low Density Commercial District. See
also herein: Zoning
Signs in 94-99
C-2 Low Density Commercial District. See
also herein: Zoning
Signs in 94-99
Canals
Subdivision design standards 98-117
Certificate of completion
Subdivisions 98-83
City
Stormwater management master plan,
compliance with city plan 90-164
Subdivisions, review of preliminary plat 98-45
Civil penalties
Tree protection, land clearing 102-37
Coastal construction code 82-88 et seq.
See herein: Buildings and Building
Regulations
Codes. See also herein: Buildings and
Building Regulations
Building code 82-31 et seq.
Coastal construction code 82-88 et seq.
Property maintenance code 82-221 et seq.
Unsafe building abatement code 82-56 et seq.
Compliance certification
Expiration of concurrency compliance
certification 86-9
Concurrency management system
Appeals 86-3
Application for concurrency evaluation 86-5
Concurrency evaluation finding of
deficiency 86-7
Conditional approval of development
orders or permits
Building permit 86-12(2)
Subdivision plats and site plans 86-12(1)
Section
LAND DEVELOPMENT CODE (Cont'd.)
82-1 Criteria for evaluation of levels of service
of public facilities
Building permits of insignificant
impact
Drainage facilities
Parks and open space
Potable water facilities
Sanitary sewer facilities
Solid waste facilities
Transportation facilities
Cumulative level -of -service records
Decision making in concurrency evalu-
ation, responsibility for
Definitions
Duration concurrency compliance
certification after issuance of
development permit
Commercial, industrial or multifam-
ily developments
Individual single-family develop-
ment
Residential subdivision or phase or
unit thereof, including planned
unit development
Site development plan approval
Expiration of concurrency compliance
certification
Operating systems, procedure and task
Concurrency monitoring
Measuring potential impacts
Overall concurrency management
Purpose and intent
Transportation facility proportionate
fair -share mitigation program
Applicability
Application process
Appropriation of fair -share revenues
Cross jurisdictional impacts
Determining proportionate fair -share
obligation
General requirements
Impact fee credit for proportionate
fair -share mitigation
Intergovernmental coordination
Proportionate fair -share agreements
Purpose and intent
Vested rights
Conservation
Water conservation
Construction
Coastal construction code
See herein: Buildings and Building
Regulations
Stormwater management
Construction methods and materials
Subdivisions
See herein: Subdivisions
Control elevation
Stormwater management
Section
86-6(1)
86-6(7)
86-6(6)
86-6(4)
86-6(3)
86-6(5)
86-6(2)
86-10
86-4
86-2
86-8(4)
86-8(3)
86-8(2)
86-8(1)
86-9
86-11(b)
86-11(c)
86-11(a)
86-1
86-22
86-25
86-29
86-30
86-26
86-23
86-27
86-24
86-28
86-21
86-13
90-176
82-88 et seq.
90-180
98-66 et seq.
90-181
Supp. No. 32 CDi:16
•
•
•
•
•
•
CODE INDEX
Section
LAND DEVELOPMENT CODE (Cont'd.)
Corner lots
Signs 94-64(c)
County
Stormwater management master plan,
compliance with county 90-164
Criminal penalties
Tree protection, land clearing 102-38
Decision making
Concurrency evaluation, responsibility
for decision making in 86-4
Dedication
Stormwater management 90-191
Design standards
Stormwater management 90-161 et seq.
See herein: Floods
Subdivisions 98-106 et seq.
See herein: Subdivisions
Detention and retention areas
Banks of 90-172
Configuration of shoreline of 90-174
Stormwater management 90-162
Development
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Districts
Zoning districts. See herein: Zoning
Drainage
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Stormwater management
Compatibility with adjacent systems
Subdivision improvements
Easements
Subdivision design standards
Electronic signs
Elevation, floodproofing and siting
Subdivision improvements
Enforcement
Final acceptance of work
Subdivisions
Floodplain management
See herein: Floods
Floods
Floodplain management
Administration
Applicability
Abrogation and greater restric-
tions
Areas to which this article
applies
Basis for establishing flood
hazard areas
General
Interpretation
Other laws
86-1 et seq.
90-171
98-91
98-108
94-78
98-88
94-105
98-94
90-26 et seq.
90-37
90-33
90-34
90-32
90-38
90-36
Section
LAND DEVELOPMENT CODE (Cont'd.)
Submission of additional data
to establish flood hazard
areas
Coordination with the Florida
Building Code
Disclaimer of liability
Duties and powers of the
Floodplain Administrator
Applications and permits
Designation
Floodplain management records
General
Inspections
Modifications of the strict
application of the require-
ments of the Florida Build-
ing Code
Notices and orders
Other duties of the floodplain
administrator
Substantial improvement and
substantial damage
determinations
Inspections
Buildings, structures and facili-
ties exempt from the
Florida Building Code
Final inspection
Lowest floor inspection
Development other than build-
ings and structures
General
Manufactured homes
Intent
Permits
Application for a permit or
approval
Buildings, structures and facili-
ties exempt from the.
Florida Building Code
Expiration
Floodplain development permits
or approvals
Other permits required
Permits required
Suspension or revocation
Validity of permit or approval
Scope
Site plans and construction docu-
ments
Additional analyses and
certifications
Information for development in
flood hazard areas
Information in flood hazard
areas without base flood
elevations (approximate
Zone A)
Submission of additional data
90-35
90-29
90-31
90-41
90-39
90-47
90-40
90-45
90-43
90-44
90-46
90-42
90-62
90-64
90-63
90-61
90-60
90-65
90-28
90-51
90-50
90-53
90-49
90-55
90-48
90-54
90-52
90-27
90-58
90-56
90-57
90-59
Supp. No. 32 CDi:17
CAPE CANAVEAL CODE
LAND DEVELOPMENT CODE (Cont'd.)
Section
Title
Variances and appeals
Appeals
Conditions for issuance of vari-
ances
Considerations for issuance of
variances
Functionally dependent uses
General
Historic buildings
Limitations on authority to
grant variances
Restrictions in floodways
Violations
Authority
Provisions re
Unlawful continuance
Warning
Definitions
Flood resistant development
Buildings and structures
Buildings and structures
seaward of the coastal
construction control line .
Design and construction of
buildings, structures and
facilities exempt from the
Florida Building Code
Manufactured homes
Anchoring
Elevation
Enclosures
Foundations
General
Utility equipment
Other development
Concrete slabs used as parking
pads, enclosure floors,
landings, decks, walkways,
patios and similar non-
structural uses in coastal
high hazard areas (Zone
V)
Decks and patios in coastal high
hazard areas (Zone V)
Fences in regulated floodways
General requirements for other
development
Non -elevated accessory
structures
Nonstructural fill in coastal high
hazard areas (Zone V)
Other development in coastal
high hazard areas (Zone
V)
Retaining walls, sidewalks and
driveways in regulated
floodways
Section
LAND DEVELOPMENT CODE (Cont'd.)
90-26 Roads and watercourse cross-
ings in regulated flood-
90-67 ways 90-105
Recreational vehicles and park
90-73 trailers
Permanent placement 90-97
Temporary placement 90-96
Site improvements, utilities and
limitations
Limitations on
Placement of fill 90-86
90-68 Sites in coastal high hazard
areas (zone v) 90-87
Sites in regulatory flood -
ways 90-85
Minimum requirements 90-82
Sanitary sewage facilities 90-83
Water supply facilities 90-84
Subdivisions
Minimum requirements 90-80
Subdivision plats 90-81
Tanks
Above -ground tanks
Elevated 90-100
Not elevated 90-99
Tank inlets and vents 90-101
Underground tanks 90-98
Maintenance
Stormwater management 90-191 et seq.
See within this subheading: Storm -
water Management
Performance standards
Stormwater management 90-146 et seq.
See within this subheading: Storm -
water Management
90-131 et seq.
90-72
90-71
90-66
90-70
90-69
90-75
90-74
90-76
90-30
90-77
90-79
90-78
90-90
90-91
90-92
90-89
90-88
90-93
Permits
Stormwater management
See within this subheading: Storm -
water Management
Stormwater management
Definitions
Design standards
Accommodation of stormwaters
90-116
onsite and offsite 90-167
Alteration of natural surface
waters 90-173
Banks of detention and retention
areas 90-172
90-102 Best management practices 90-163
Certification 90-169
90-110 Compatibility with adjacent drain-
age system 90-171
90-109 Compliance with county or city
stormwater management
master plan 90-164
90-108 Configuration of shoreline of deten-
tion and retention areas90-174
Configurations creating stagnant
90-104 water conditions 90-166
90-106
90-107
90-103
Supp. No. 32 CDi:18
•
•
•
•
•
CODE INDEX
Section
LAND DEVELOPMENT CODE (Cont'd.)
Conformance to standards
Construction methods and materi-
als
Control elevation
Detention and retention system
Directing runoff
Discharge volumes, notification of
Native vegetation buffers
Natural surface waters used as
sediment traps
Phased developments
Proper functioning
Surface water channeled into
sanitary sewers
Water reuse and conservation
Enforcement and penalties
Maintenance
Applicant as acceptable entity
Dedications
Failure to maintain
Inspection
Maintenance by approved entity
Acceptable responsible entity
Phased projects
Plan for operation and
maintenance program
Performance standards
Computation
Rainfall intensity
Water quality requirements
Water quantity requirements
Permit
Application
Information required
Plan required
Exemptions
Required
Previous approvals, standards of
Purpose and intent
Relationship to other stormwater
management requirements 90-118
Variances
Grading code. See herein: Excavation and
Grading Code
Ground signs 94-64(f), 94-84
Hardship variances
Subdivisions 98-4(a)
Hazardous signs 94-62(b)
Height
Signs 94-64(e)
Implied consent 94-110
Ingress or egress
Signs, obstruction of
Inspections
Signs
By administrator
Generally
Stormwater management
Section
LAND DEVELOPMENT CODE (Cont'd.)
90-161 Subdivisions 98-80 et seq.
See herein: Subdivisions
Land clearing
Tree protection 102-36 et seq.
See herein: Tree Protection
Landscaping
List of recommended landscaping plants 102-44
Lights and lighting
Signs 94-63
Location
Measurements
Signs 94-64(e)
Lots
Subdivision design standards 98-107
M-1 Light Industrial and Research and
Development District. See also herein:
90-192(c) Zoning
90-191 Signs 94-99
90-194 Maintenance
90-195 Stormwater management 90-191 et seq.
See herein: Floods
90-192(a) Master plans
90-192(b) Stormwater management, compliance
with city or county master plan 90-164
90-193 Measurement and placement
Signs 94-64
Mitigation
Wetlands protection 106-31
Native vegetation buffers
Stormwater management 90-177
Natural surface waters
Alteration of 90-173
Sediment traps, used as 90-175
Obstructions
Signs, obstruction of free ingress or
egress; standpipes/fire escapes 94-6(b)
Off -premises signs 94-6(f), 94-80
Open burning
Natural cover 102-42
90-121 Open space
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Parks and recreation areas
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Performance standards
94-6(b) Stormwater management 90-146 et seq.
See herein: Floods
Permanent markers
94-36 Subdivision improvements 98-87
94-37 Permit numbers
90-195 Signs, display of 94-64(d)
90-180
90-181
90-162
90-165
90-179
90-177
90-175
90-178
90-168
90-170
90-176
90-120
90-146
90-147
90-149
90-148
90-134
90-133
90-132
90-131
90-119
90-117
Supp. No. 32 CDi:19
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
Permits
Concurrency management
Conditional approval of development
orders of permits 86-12
Signs 94-31 et seq.
See herein: Signs
Stormwater management permit 90-131 et seq.
See herein: Floods
Subdivision construction permit 98-69 et seq.
See herein: Subdivisions
Tree protection, land clearing 102-39, 102-40
Permitted uses
Wetlands protection 106-29
Phased developments
Stormwater management 90-178
Planning and zoning board
Subdivisions
Powers of 98-3
Preliminary plat
Review by planning and zoning
board, city council 98-46
Plats
Subdivision plats 98-31 et seq.
See herein: Subdivisions
Portable signs 94-6(d)
Potable water systems
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Subdivision design standards 98-112
Prohibited uses
Wetlands protection 106-30
Projecting signs 94-79
Property maintenance code 82-221 et seq.
See herein: Buildings and Building
Regulations
Public facilities
Concurrency management
Criteria for evaluation of levels of
service of 86-6
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Public sites and open spaces
Subdivision design standards 98-109
R-1 Low Density Residential District. See
also herein: Zoning
Signs 94-96
R-2 Medium Density Residential District
See also herein: Zoning
Signs 94-97
R-3 Medium Density Residential District
See also herein: Zoning
Signs 94-98
Rainfall intensity
Stormwater management 90-147
Section
LAND DEVELOPMENT CODE (Cont'd.)
Records
Concurrency management
Cumulative level -of -service records
Remedies
Subdivisions
Reuse
Water reuse
Revegetation
Tree protection
Rights -of -way
Signs on
Roadways
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Sanitary sewer system
Generally
See: SEWERS AND SEWAGE
DISPOSAL
Subdivision design standards
Sediment traps
Natural surface waters used as
Setbacks
Signs
Severability
Sewers
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Subdivision improvements
Shopping centers or multi -tenant centers
Signs
Shopping center or multi -tenant
center in any district; public/
recreation buildings
Signs
Abandoned signs
Administrator
Inspection by
Aesthetic requirements of signs
Awnings and canopies
C-1 Low Density Commercial District,
C-2 Commercial. Manufacturing
District and M-1 Light Industrial
and Research and Development
District
Conformance to provisions
Definitions
Electronic signs
Emergency response system
Enforcement
Exemptions
Feather signs
Fees
Inspections and permits
Ground signs
Hazardous signs
Section
86-10
98-6
90-176
102-43
94-6(c)
86-1 et seq.
78-26 et seq.
98-113
90-175
94-64(e)
94-120
86-1 et seq.
98-90
94-100
94-62(a)
94-3
94-36
94-65
94-82
94-99
94-7
94-1
94-78
94-77
94-105
94-4
94-86
94-35
94-84
94-62(b)
Supp. No. 32 CDi:20
•
•
•
•
•
CODE INDEX
Section
LAND DEVELOPMENT CODE (Cont'd.)
Home based business signs
Identification
Implied consent
Inspection
By administrator
Fees
Notice for
Lighting
Maintenance, notice to repair
Measurement and placement, criteria
and standards for
Area
Combinations of signs
Corner lots
Display of permit number
Ground signs
Height, setback and location measure-
ments
Size limits
Nonconforming signs
Exceptions and appeals
Generally
Incentives
Pole signs —Termination by
amortization
Repair and maintenance
Signs of a temporary nature —
Amortization
Termination by abandonment...
Termination by damage or destruc-
tion
Termination by redevelopment
Off -premises signs
Generally
Temporary off -premises signs
Penalty for violation
Permits
Application for; review time limits
Fees
Issuance of
Required
Revocation of
Placement
Restrictions on
Prohibited signs and features
Air -inflated devices
Animated signs
Balloon display
Certain motor vehicles, signs on
Composition
Dilapidated signs
Discontinued signs
Electronic signs
Emissions
Feather signs
Fences or gates, signs placed on
Flags and pennants that area not
governmental in origin
Ground signs
Section
LAND DEVELOPMENT CODE (Cont'd.)
94-83 Hazardous signs 94-6(w)
94-8 Marquee signs 94-6(k)
94-110 Miscellaneous 94-6(ee)
Obscene signs 94-6(v)
94-36 Obstruction of free ingress or egress;
94-35 standpipes/fire escapes 94-6(b)
94-37 Off -premises signs 94-6(f)
94-63 Parked motor vehicles, certain signs
94-10 on 94-6(y)
Pole signs 94-6(aa)
Portable signs 94-6(d)
94-64(a) Projecting signs 94-6(m)
94-64(b) Public utility poles and trees, signs
94-64(c) on 94-6(a)
94-64(d) Rights -of -way, merchandise display
94-64(f) on 94-6(e)
Rights -of -way, signs on 94-6(c)
94-64(e) Roof signs 94-6(1)
94-64(g) Snipe signs 94-6(u)
Temporary signs 94-6(dd)
94-122 Temporary signs 94-6(n)
Wall mural 94-6(g)
94-121(g) Window lighting 94-6(cc)
Window signs 94-6(h)
94-121(d) Projecting signs 94-79
94-121(f) Purpose and scope 94-2
R-1 Low Density Residential District94-96
94-121(e) R-2 Medium Density Residential District 94-97
94-121(a) R-3 Medium Density Residential District 94-98
Severability 94-120
94-121(b) Shopping center or multi -tenant center
94-121(c) in any district; public/recreation
buildings 94-100
94-80 Temporary off -premises signs 94-81
94-81 Temporary on -premises signs 94-76
94-5 Traffic hazard, signs constituting 94-62(c)
Variances 94-85
94-32 Viewpoint neutral 94-115
94-35 Wind pressure and dead load 94-9
94-33 Site plan
94-31 Wetlands protection development requir-
94-34 ing 106-28
Size limits
94-61 Signs 94-64(g)
Solid waste
94-6(j) Concurrency management
94-6(t) Generally 86-1 et seq.
94-6(r) See herein: Concurrency Manage-
x) ment
94-6(94-6(q) Stagnant water conditions
94-6(z) Configurations 90-166
94-6(s) Stormwater management
94-6(ff) Generally 90-116 et seq.
94-6(p) See herein: Floods
94-6(gg) Streets
94-6(bb) Subdivisions
Design standards 98-114, 98-115
94-6(o) Improvements 98-92
94-6(i) Names 98-119
Supp. No. 32 CDi:21
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
Subdivisions
Appeals and arbitrations 98-5
Certificate of completion 98-83
City
Review of preliminary plan 98-45
Construction
Certificate of completion
Issuance of 98-83
Inspection 98-80
Notification 98-82
Permit
Approval of plans and specifica-
tions 98-73
Issuance 98-75
Master survey point 98-74
Procedures 98-70
Required; penalty 98-69
Review 98-72
Submission of construction plans
and specifications 98-71
Terms; revocation 98-76
Submission of data 98-81
Definitions 98-1
Final plats
Construction of 98-70(2)
Improvements
Boundary line survey 98-93
Design standards
Alleys 98-110
Blocks 98-106
Bridges 98-116
Bulkheads or retainer walls 98-118
Canal 98-117
Easements 98-108
Lots 98-107
Potable water systems 98-112
Public sites and open spaces 98-109
Sanitary sewer system 98-113
Streets, roads and alleys
Generally 98-114
Technical specifications 98-115
Surface and storm drainage 98-111
Development and enforcement of
provisions 98-86
Drainage 98-91
Elevation 98-88
Final acceptance of work 98-94-
Permanent markers 98-87
Sewers 98-90
Streets 98-92
Water supply 98-89
Permits
Construction permits 98-69 et seq.
See within this subheading:
Construction
LAND DEVELOPMENT CODE (Cont'd.)
Section
Planning and zoning board
Final plat
Planning and zoning board and
city council review; general
criteria for approval
Powers of
Preliminary plats, review
Plats and lot splits
Division of land; review and approval
required; zoning
Final plat
Application for approval
Conformance to preliminary plat
Data required for final approval
Documents required prior to
approval
Planning and zoning board and
city council review; general
criteria for approval
Recording
Lot line adjustments
Lot splits
Preapplications
Review procedures
Preliminary plat
City review
General criteria for approval
Information required
Planning and zoning board
procedures
Time limit
Purpose
Remedies
Variance
Application
Conditions
Hardship
Prerequisites to granting
Public hearing; notice
Wetlands protection requiring subdivi-
sion plat
Surface and storm drainage
Subdivision design standards
Surface water
Channeled into sanitary sewer
Temporary storage units
Traffic
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Signs constituting traffic hazards
Tree protection
Land clearing
Definitions
Development and construction
Tree protection during; periodic
inspection
Enforcement and penalties
98-61
98-3
98-46
98-31
98-60
98-56
98-58
98-59
98-61
98-62
98-67
98-66
98-36
98-45
98-47
98-41
98-46
98-48
98-2
98-6
98-4(b)
98-4(e)
98-4(a)
98-4(d)
98-4(c)
106-28
98-111
90-170
82-400
86-1 et seq.
94-62(c)
102-36
102-46
102-38
Supp. No. 32 CDi:22
•
•
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'(1.)
Exemption for tree removal activi-
ties authorized and preempted
by state or federal law 102-40.5
Implementing division
Rules and regulations and fees102-51
List of
Desirable species and plants 102-52
Undesirable species. 102-53
Minimum tree requirement 102-45
Open burning of natural cover 102-50
Permits 102-39
Criteria; exemptions; standards of
review 102-40
Prohibitions 102-44
Remedial action 102-49
Special waiver provision 102-42
Specimen trees 102-41
Supp. No. 32 CDi:22.1
•
•
•
CODE INDEX
Section
MERCHANTS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
METERS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Outdoor entertainment events
Permit; metered parking
Taximeters
Section
MOTOR VEHICLES AND TRAFFIC (Cont'd)
Intent; definitions 74-76
Licensed use; revocable; claims
prohibited and waived 74-78
Low -speed vehicles 74-83
Required minimum equipment 74-80
Restrictions 74-79
Use of golf carts on designated roadways 74-77
Handbills
Placing in vehicles 34-52
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Litter
Throwing by person in vehicles 34-33
Maps
Truck routes 74-31
No parking zone, authority to establish 74-58
Noises
Exhausts 34-153(6)
Horns, signal devices 34-153(1)
Out of repair vehicles 34-153(7)
Out of repair vehicles
Noises, enumeration of prohibited 34-153(7)
Overnight parking 74-61
Parking, stopping and standing
County's civil traffic infraction hearing
officer program adopted 74-63
Dune parking prohibited 74-59
1-2 Fire lanes, designation of 74-62
70-34 No parking zones, authority to establish 74-58
Overnight parking 74-61
Parking on city owned or leased property 74-56.6
Penalties 74-57
Prohibited in rights -of -way 74-56.5
State law adopted 74-56
Truck parking 74-60
Parks and recreation; traffic 54-8
6-51 et seq. Signs
Land development code regulations 94-1 et seq.
86-1 et seq. See: LAND DEVELOPMENT CODE
Truck routes 74-32
Solicitors, peddlers and itinerant merchants 16-26 et seq.
74-59 See: PEDDLERS, CANVASSERS AND
SOLICITORS
34-153(6) Solid waste
Transporting regulations 62-7
74-62 Stopping and standing. See herein: Park-
ing, Stopping and Standing
Through streets, parking, etc.
74-84 Certain ordinances not affected by Code 1-10(a)(8)
74-77.5 Travel on other than streets or highways 74-1
Trucks
74-77.5(a) Applicability of provisions 74-27
Defmitions 74-26
74-77.5(b) Exceptions 74-29
Parking 74-60
74-81 Penalties 74-28
74-82 Truck loads 34-34
10-72
80-76(f)
MINORS
Fireworks
Operator regulations 38-85
Sexually oriented businesses, adult
entertainment establishments 10-86 et seq.
Unlawful provisions re minors 10-122
MOBILE HOMES AND MOBILE HOME
PARKS
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code; zoning
Nonconformities
Mobile home parks and single-family
mobile home districts 110-192
MONIES OF CITY. See: FINANCES
MONTHS
Definitions and rules of construction
Public service tax, monthly computation
MONUMENTS AND MARKERS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
MOTOR VEHICLES AND TRAFFIC
Alcoholic beverages
Motor vehicle regulations
See: ALCOHOLIC BEVERAGES
Concurrency management system
See: MOTOR VEHICLES AND TRAF-
FIC
Dune parking prohibited
Exhaust
Noises, enumeration of prohibited
Fire lanes
Designation of
Golf carts and low -speed vehicles on roads,
operation of
Enforcement
Golf cart network map
Approval of local golf cart network
map
Authorization to purchase and install
signage
Inspection and registration of golf carts
required
Insurance required
98-1 et seq.
Supp. No. 32 CDi:32.1
CAPE CANAVERAL CODE
Section Section
MOTOR VEHICLES AND TRAFFIC (Cont'd.)
Truck routes
Established 74-30
Inside origin 74-30(2)
Maps of truck routes 74-31
Outside origin 74-30(1)
Signs for truck routes 74-32
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
Declaration of policy to prohibit noise
34-154
34-151
Supp. No. 32 CDi:32.2
•
•
•
•
•
•
CODE INDEX
Section
SERGEANT AT ARMS
City council
SETBACKS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
SEWERS AND SEWAGE DISPOSAL
Building sewers and connections. See
herein: Industrial and Commercial
Use
Commercial use. See herein: Industrial
and Commercial Use
Concurrency management
See: LAND DEVELOPMENT CODE
Connection with sewer
Late connection charge
Required
Unlawful connection
Deposit required
Disposal
Failure to maintain plumbing system
Fees schedule in general. See: FEES
(Appendix B)
Free service
Impact fees
Change of use
Cost of living increase
Established
Excessive quantity of wastewater
Full payment required prior to issuance
of certificate or license
Generally
See: IMPACT FEES
Offsite sewage plumbing
Payment
Port Canaveral customers
Use of funds
Industrial and commercial use
Administrative enforcement procedures
Administrative penalties
Applicability of provisions
Building sewers and connections
Connecting sources of surface runoff
or groundwater
Cost of installation; indemnification
Elevations
Excavations
Notice of inspection and connection
Old building sewers
Permit for connections
Application
Required
Public sewers, connection to
Separate sewers for each building
Specifications
Definitions
Discharges
Fees
General prohibitions and limitations
86-1 et seq.
78-28
78-27
78-29
78-151
78-33
78-36
78-37
78-128
78-129
78-121
78-123
78-125
2-231 et seq.
78-131
78-122
78-130
78-127
78-59
78-60
78-54
78-84
78-78
78-82
78-83
78-79
78-80
78-77(b)
78-77(a)
78-85
78-76
78-81
78-51
78-99
78-96
Section
SEWERS AND SEWAGE DISPOSAL (Cont'd.)
2-63 Industrial or commercial wastewater
monitoring and reporting 78-100
Permission to use sewer system;
wastewater discharge permit 78-98
Prohibited wastes, control of 78-97
Wastewater discharge permit 78-98
Emergency, termination of service in 78-58
Enforcement; authority; minimum
standards 78-53
Inspectors
Power and authority of 78-56
Judicial remedies 78-61
Public sewers, use of required 78-55
Publication of significant violation 78-62
Purpose 78-52
Rates and charges
Surcharge for abnormal strength
wastes 78-111
Right of refusal 78-57
Land development code re floods
Floodplain management; flood resistant
development
Site improvements, utilities and
limitations
Sanitary sewage facilities 90-83
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Maintenance of plumbing system 78-35
Monthly sewer rates 78-152
Old plumbing, connecting 78-31
Payment of sewer charges required 78-153
Penalties 78-26
Private water supply
Sewer fees where owner has 78-154
Public service tax generally 70-26 et seq.
See: TAXATION
Rates and charges
Monthly sewer rates 78-152
Payment of sewer charges required78-153
Sewer fees where owner has private
water supply 78-154
Sanitary requirements 78-32
Separate connection for each separate
building 78-38
Septic tanks 78-34
Sewer fees where owner has private water
supply 78-154
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Unlawful connection 78-29
Unlawful construction 78-30
Wastewater discharge permits 78-98
SEXUALLY ORIENTED BUSINESSES,
ADULT ENTERTAINMENT
ESTABLISHMENTS
Adult performance establishment 10-114
Supp. No. 32 CDi:39
CAPE CANAVERAL CODE
Section
SEXUALLY ORIENTED BUSINESSES,
ADULT ENTERTAINMENT
ESTABLISHMENTS (Cont'd.)
Alcoholic beverages establishments
Nudity on premises where alcohol
served, consumed or stored 6-27
Commercial bodily contact establishments 10-115
Prohibited; savings provision 10-127
Commercial bodily contact; unlawful provi-
sions 10-126
Construction 10-88
Definitions 10-90
Engaging in prohibited activity
Customers 10-117
Workers; operators 10-118
Escort service 10-116
Escorts, escort services 10-125
Fees schedule in general. See: FEES
(Appendix B)
General requirements 10-111
Hours of operation; unlawful provisions 10-124
Immunity from prosecution 10-130
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
License
Annual license fee 10-103
Application; fee 10-95
Consent 10-98
Contents of application 10-96
Contents of license, term, renewals,
expiration, lapse, nonconforming
establishments 10-104
Continuing duty; false, misleading
information 10-97
Investigation of applicant 10-99
Issuance or denial of license 10-100
Operation without license 10-119
Reapplication after denial 10-102
Reasons for denial of application of
license 10-101
Records, reports 10-105
Required 10-93
Suspension, revocation of license 10-108
Transfer of license 10-106
Local business tax receipts 10-128
Location, distance requirements 110-352(7)
Minors; unlawful provisions 10-122
Name change (establishment) 10-107
Notice 10-91
Obscenity; indecent exposure unlawful10-89
Offices, departments (other); responsibili-
ties 10-94
Operation contrary to operational require-
ments 10-120
Penalties; remedies; relief 10-92
Purpose, findings, intent; incorporation of
whereas clauses 10-87
Records; unlawful provisions 10-123
Restrooms, dressing rooms, use of 10-121
Section
SEXUALLY ORIENTED BUSINESSES,
ADULT ENTERTAINMENT
ESTABLISHMENTS (Cont'd.)
Sexual encounter businesses prohibited;
prohibited acts
Sexually oriented businesses
Short title
Suspension, revocation proceedings
Theater (adult)
Worker records
SHOPPING CENTERS
Signs
Land development code regulations ...
See: LAND DEVELOPMENT CODE
SHOUTING
Noises, enumeration of prohibited
SIDEWALKS. See: STREETS, SIDEWALKS
AND OTHER PUBLIC WAYS
10-129
10-112
10-86
10-109
10-113
10-110
94-1 et seq.
34-153(4)
SIGNS AND BILLBOARDS
Fees schedule in general. See: FEES
(Appendix B)
Handbills
Litter regulations 34-51 et seq.
See: LITTER
Motor vehicles and traffic
Golf carts and low -speed vehicles on
roads, operation of
Golf cart network map 74-77.5
Authorization to purchase and
install signage 74-77.5(b)
Nonconforming signs 94-121 et seq.
See: LAND DEVELOPMENT CODE
Property maintenance standards
Sign appearance and maintenance 34-100
Sign regulations generally 94-1 et seq.
See: LAND DEVELOPMENT CODE
Tree protection area signage. See: TREE
PROTECTION (Appendix A)
Truck routes, signs for 74-32
SINGING
Noises, enumeration of prohibited 34-153(4)
SITE PLANS
Fees schedule in general. See: FEES
(Appendix B)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
SLEEPING
Parks and recreation
Sleeping and camping
Sleeping and camping in public areas and
beaches
SLOT MACHINES OR DEVICES
Definitions
Exemption
54-17
50-4
10-201
10-203
Supp. No. 32 CDi:40
•
•
•
•
•
•
CODE INDEX
Section
SLOT MACHINES OR DEVICES (Cont'd.)
Prohibited
Purpose; intent
SOLICITORS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
SOLID WASTE
City
Authority to collect 62-3
Ownership by city 62-4
Complaint procedure 62-6
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Containers
Required 62-8
Definitions 62-1
Fees schedule in general. See: FEES
(Appendix B)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Ownership by city 62-4
Proper disposal prerequisite to collection62-10
Public nuisances prohibited
Dead plants, refuse, debris
Yards, etc., to be kept free of 34-122
Regulations on file 62-12
Residential solid waste pickup conditions
Bulk trash 62-9(g)
E-waste 62-9(h)
Location of solid waste containers 62-9(f)
Pickup 62-9(e)
Recyclable material 62-9(b)
Separation of solid waste 62-9(a)
Solid waste 62-9(d)
Yard waste 62-9(c)
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Schedule of fees 62-5
Transporting 62-7
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Unlawful acts
Burning or burying of solid waste 62-11(c)
Construction and demolition debris 62-11(g)
Container of another 62-11(b)
Hazardous waste 62-11(f)
Obstruction 62-11(a)
Unlawful accumulations 62-11(d)
Unlawful disposal 62-11(e)
SOUND AMPLIFIERS
Noises, enumeration of prohibited
34-153(3)
SPECIAL MAGISTRATE
Abandoned property
Special magistrate or code enforcement
board hearing procedures 34-183
Code enforcement 2-249 et seq.
See: CODE ENFORCEMENT
Section
SPECIAL MAGISTRATE (Cont'd.)
10-202 Land development code
10-200 Buildings and building regulations
Citations; unlicensed contractors;
failure to obtain building permit
Special magistrate or code enforce-
ment board
Decisions, appeals of 82-384
Orders, recording 82-385
Water supply and distribution
Reclaimed water
Installation and inspection of the
reclaimed water system
Special magistrate or code enforce-
ment board authority and
violation liability 78-195
STATE
Abandoned property
Notification of owner; following removal
by city
Documentation filed with state 34-185(e)
Definitions and rules of construction 1-2
Election code adopted 26-1
Law
City attorney
Duties 2-126(3)
Misdemeanor acts adopted, penalty 50-1
Parking, state law adopted 74-56
Vehicles for hire
Application of provisions to vehicle,
operator regulator by state govern-
ment 80-2
STORAGE
Abandoned vehicles on private property
Fireworks
Private use, storage, display prohibited;
public displays authorized by
permit only
Storage of materials
Temporary storage units
34-181
38-82
38-87
82-400
STORMWATER DRAINAGE
Certain ordinances not affected by Code . 1-10(a)(17)
Construction site stormwater runoff control 90-200 et seq.
See: CONSTRUCTION
Illicit discharge and connection
Applicability 78-403
Authorized enforcement agency 78-401
Definitions 78-402
Discharge prohibitions 78-406
Enforcement 78-413
Industrial or construction activity
discharges 78-408
Monitoring of discharges 78-409
Notification of spills 78-412
Requirements to prevent, control, and
reduce stormwater pollutants by
the use of BMPs 78-410
Responsibility for administration 78-404
Supp. No. 32 CDi:41
CAPE CANAVERAL CODE
Section
STORMWATER DRAINAGE (Cont'd.)
Short title: purpose and objectives
Suspension of MS4 access
Ultimate responsibility
Watercourse protection
Stormwater drainage utility
Creation
Definitions, construction
Determination of ERUs
Fee, stormwater
Findings, determinations, powers
Operating budget
Program responsibility
Stormwater management utility
enterprise fund
Subdivisions
Land development code regulations
See: LAND DEVELOPMENT CODE
Section
STREETS, SIDEWALKS AND OTHER
78-400 PUBLIC WAYS (Cont'd.)
78-407 Franchise regulations in general. See:
78-405 FRANCHISES (Appendix A)
78-411 Grades
Certain ordinances not affected by Code 1-10(a)(10)
78-275 Handbills
78-277 Throwing or distributing in public places 34-51
78-301 Impact fees generally 2-231 et seq.
78-300 See: IMPACT FEES
78-276 Land development code regulations re
78-278 zoning 110-26 et seq.
78-325 See: LAND DEVELOPMENT CODE
Lighting 34-206 et seq.
See: LIGHTING
Litter 34-26 et seq.
See: LITTER
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Noise
Enumeration of prohibited 34-153(4)
Open containers
Prohibited in motor vehicles 6-68
Outdoor entertainment events
Permit; closure or gating of public
property and streets 10-64
Parks and recreation areas 54-1 et seq.
See: PARKS AND RECREATION
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public service tax generally 70-26 et seq.
See: TAXATION
Right-of-way
Use agreements 66-1
Camping prohibited 50-4
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Solicitors, peddlers and itinerant merchants 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
66-64 SOLICITORS
66-69 Solid waste generally 62-1 et seq.
66-68 See: SOLID WASTE
66-70 Transporting regulations 62-7
66-66 Street lights
66-67 Sea turtle regulations 14-57
66-63 Streets
66-62 Abandonment
66-65 Authority 66-36
66-61 Ordinance required 66-39
Petition
66-82 For action 66-37
66-84 Procedure 66-38
66-83 Civil liability for damage 66-26
66-85 Speed bumps 66-27
66-81 Subdivisions
74-62 Land development code regulations 98-1 et seq.
66-1 See: LAND DEVELOPMENT CODE
78-326
98-1 et seq.
STORMWATER MANAGEMENT
Fees schedule in general. See: FEES
(Appendix B)
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS
Alcoholic beverages
Possession and consumption
Beach end streets
Camping prohibited
Certain ordinances not affected by Code
Concurrency management system
See: MOTOR VEHICLES AND TRAF-
FIC
Excavations
City
Authority of city
Right to restore surface
Cleanup
Emergencies
Engineering details
Guarantee
Inspections
Liability of city
Method of installation
Penalty
Permit
Application
Deposits
Fee
Inspections
Required
Fire lanes, designation of
Franchise agreements
6-51
50-4
1-10(a)(5)
86-1 et seq.
Supp. No. 32 CDi:42
•
•
•
•
•
•
CODE INDEX
Section
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS (Cont'd.)
Traffic
Certain ordinances not affected by Code 1-10(a)(8)
Travel on other than streets or highways 74-1
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Trucks generally 74-26 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
Yelling, shouting, hooting, whistling, sing-
ing
SUBDIVISIONS
Construction
Inspections; certificate of completion
Inspections
Issuance of certificate of completion
Notification
Submission of data
Permit
Approval of plans and specifications
Issuance
Master survey point
Procedure
Construction after final plat
approval
Construction before final plat
approval
Required; penalty
Review
Submission of construction plans and
specifications
Term; revocation
Dedicating or accepting
Certain ordinances not affected by Code
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
General
Appeals and arbitrations 98-5
Definitions 98-1
Powers of planning and zoning board98-3
Purpose 98-2
Remedies 98-6
Variance 98-4
Application 98-4(b)
Conditions 98-4(e)
Hardship 98-4(a)
Prerequisites to granting 98-4(d)
Public hearing; notice 98-4(c)
Impact fees generally 2-231 et seq.
See: IMPACT FEES
98-80
98-83
98-82
98-81
98-73
98-75
98-74
98-70
98-70(2)
98-70(1)
98-69
98-72
98-71
98-76
1-10(a)(12)
SUBDIVISIONS (Cont'd.)
Section
Improvements
Design standards
Alleys 98-110
Blocks 98-106
Bridges 98-117
Bulkheads or retainer walls 98-118
Canals 98-117
Easements 98-108
Lots 98-107
Potable water systems 98-112
Public sites and open spaces 98-109
Same -Technical specifications 98-115
Sanitary sewer system 98-113
Street names 98-119
Streets, roads and alleys -generally 98-114
Surface and storm drainage 98-111
Generally
Boundary line survey 98-93
Closure 98-93(1)
Computations 98-93(3)
Marking boundary lines 98-93(2)
Development and enforcement of
regulations 98-86
Drainage 98-91
Elevation 98-88
Final acceptance of work 98-94
Permanent markers 98-87
Sewers 98-90
Streets 98-92
Water Supply 98-89
Land development code
Regulations re subdivisions 98-1 et seq.
See: LAND DEVELOPMENT CODE
Regulations re zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Plats and lot splits
Final plat
Application for approval 98-60
Conformance to preliminary plat 98-56
Data required for final approval 98-58
Documents required prior to approval 98-59
Planning and zoning board and city
council review; general criteria
for approval 98-61
Recording 98-62
Generally
Division of land; review and approval
required; zoning 98-31
Lot line adjustments 98-67
Adjustment 98-67(a)
Adjustment review and processing98-67(b)
Application 98-67(b)(1)
Review and criteria 98-67(b)(2)
Recording 98-67(d)
Unity of title 98-67(c)
Lot splits 98-66
Definition 98-66(a)
Lot split review and processing 98-66(b)
Application 98-66(b)(1)
Supp. No. 32 CDi:43
CAPE CANAVERAL CODE
Section
SUBDIVISIONS (Cont'd.)
City staff review 98-66(b)(2)
Public hearing 98-66(b)(3)
Review criteria 98-66(b)(4)
Special notice for residential lot
splits 98-66(b)(5)
Recording 98-66(c)
Restriction on additional lot split
minor plat 98-66(d)
Preapplication
Submittal and review procedures 98-36
Preliminary plat
City review 98-45
General criteria for approval 98-47
Information required 98-41
Planning and zoning board and city
council review 98-46
Time limit 98-48
Public service tax generally 70-26 et seq.
See: TAXATION
Purchasing
Prohibition against subdivisions 2-223
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Wetlands protection 106-26 et seq.
SUITS, ACTIONS AND OTHER PROCEED-
INGS
Codes does not affect prior acts committed
or done 1-8
Effect of repeal of ordinances on suits or
proceedings pending 1-9(b)
SURFACE DRAINAGE
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
SURVEYS, MAPS AND PLATS
Amendment to zoning map
Certain ordinances not affected by Code
Dedicating or accepting
Certain ordinances not affected by Code
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Motor vehicles and traffic
Golf carts and low -speed vehicles on
roads, operation of
Golf cart network map
Planning and development
Notice requirement for amendments to
future land use map
Subdivisions
Land development code regulations
See: LAND DEVELOPMENT CODE
Truck routes, map of
98-1 et seq.
1-10(a)(9)
1-10(a)(12)
74-77.5
58-1
98-1 et seq.
74-31
Section
SWEAR OR SWORN. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
SWIMMING POOLS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
TAXATION
Additional homestead exemption for
persons 65 and older
Certain ordinances not affected by Code
Fees schedule in general. See: FEES
(Appendix B)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Local business tax
Contractors and subcontractors
Special requirements for
Definitions
Delinquencies
Duplicate, issuance of
Engaging in business
Evidence of engaging in business
Without paying tax or making reports
Exemptions
False statement in receipt application
Form, signing of receipts; report of
information
Insurance
Levied
Local business tax for businesses not
otherwise designated
Multiple receipt
Penalty for failure to obtain or renew
receipt
Preservation, display of receipt
Rate schedule
Receipt required; payment of tax
prerequisite to issuance
Receipt year; tax payment date; term of
receipt; proration of tax
Records of issued receipts
Records of licensees
Records of receipts
Refunds
Separate receipt required for each place
of business
Transfer of receipt
Violations and penalties
Local improvements
Certain ordinances not affected by Code
Outdoor entertainment events
Local business tax receipt required
Public service tax
Applicability
Appropriation of revenue
Authority; findings
Collection
70-1
1-10(a)(7)
70-85
70-66
70-76
70-80
70-72
70-71
70-83
70-73
70-70
70-84
70-67
70-88
70-78
70-75
70-79
70-89
70-69
70-74
70-86
70-87
70-87
70-82
70-77
70-81
70-68
1-10(a)(11)
10-49
70-28
70-44
70-27
70-35
Supp. No. 32 CDi:44
•
•
•
•
•
•
CODE INDEX
Section Section
TAXATION (Cont'd.)
Computation 70-32
Continuance of tax and appropriation 70-45
Definitions 70-26
Discontinuance of utilities service 70-39
Exemptions 70-30
Failure to pay tax
Collected 70-38
Supp. No. 32 CDi:44.1