HomeMy WebLinkAboutSupplement 33•
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SUPPLEMENT NO. 33
October 2024
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. 18-2024, adopted August 20, 2024.
See the Code Comparative Table for further information.
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xi—xix
Checklist of up-to-date pages
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P.O. Box 2235 Tallahassee, FL 32316
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CURRENT OFFICIALS
of the
CITY OF CAPE CANAVERAL, FLORIDA
(2023)
Wes Morrison
Mayor
Kim Davis
Kay Jackson
Mickie Kellum
Don Willis
City Council
Todd R. Morley
City Manager
Anthony A. Garganese
City Attorney
Mia Goforth
City Clerk /Assistant to the City Manager
Daniel LeFever
Deputy City Clerk
Supp. No. 33 iii
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TABLE OF CONTENTS
Page
Current Officials (2023) 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. 33 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
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Supp. No. 33 xii
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TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. III. Motion and Still Photography Production
Permits CD16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Business and Economic Development Board CD22:3
Art. III. Community Appearance Review CD22:4
Art. IV. Community Redevelopment CD22:9
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:6
Div. 3. Reserved CD34:6
Art. III. Property Maintenance Standards CD34:7
Art. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35. Reserved CD35:1
36. Fair Housing CD36:1
Art. I. In General CD36:3
Art. II. Discriminatory Practices CD36:6
37. Reserved CD37:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:8
Art. IV. Fireworks CD38:8
Art. V. Hazardous Materials and Substances CD38:10
39. Reserved CD39:1
Supp. No. 33 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
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Supp. No. 33 xiv
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TABLE OF CONTENTS—Cont'd.
Chapter Page
74. Traffic and Vehicles CD74:1
Art. I. In General CD74:3
Art. II. Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
Art. IV. Operation of Golf Carts and Low -Speed Vehicles
on Roads CD74:7
75-77. Reserved CD75:1
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and ConnectionsCD78:12
Subdiv. III. Discharges CD78:13
Subdiv. IV. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates, Deposits and Billing Procedures CD78:23
Art. IV. Reclaimed Water CD78:24
Div. 1. Generally CD78:24
Div. 2. Installation and Inspection of the Reclaimed
Water System CD78:26
Art. V. Stormwater Management CD78:28
Div. 1. Generally CD78:28
Div. 2. Fees and Taxes CD78:31
Div. 3. Administration CD78:35
Div. 4. Illicit Discharge and Connection CD78:35
79. Reserved CD79:1
80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Neces-
sity, License CD80:4
Art. III. Driver's Permit CD80:5
Art. IV. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. General Administrative CD82:3
Art. II. Building Code CD82:7
Art. III. Unsafe Building Abatement Code CD82:8
Art. IV. Coastal Construction Code CD82:9
Art. V. Registration and Maintenance of Properties in
Foreclosure CD82:9
Art. VI. Local Amendments to Florida Building Code,
Building CD82: 13
Supp. No. 33 xv
CAPE CANAVERAL CODE
Chapter Page
Art. VII. Reserved CD82:14
Art. VIII. Reserved CD82:14
Art. IX. International Property Maintenance Code CD82:15
Art. X. Reserved CD82:19
Arts. XI—XIII. Reserved CD82:19
Art. XIV. Numbering of Buildings and Property CD82:19
Art. XV. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit CD82:20
Art. XVI. Temporary Storage Units CD82:23
83-85. Reserved CD83:1
86. Concurrency Management System CD86:1
Art. I. In General CD86:3
Art. II. Transportation Facility Proportionate Fair -
Share Mitigation Program CD86:11
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:5
Art. II. Floodplain Management CD90:5
Div. 1. Administration CD90:5
Part A. General CD90:5
Part B. Applicability CD90:6
Part C. Duties and Powers of the Floodplain
Administrator CD90:7
Part D. Permits CD90:9
Part E. Site Plans and Construction Docu-
ments CD90:11
Part F. Inspections CD90:13
Part G. Variances and Appeals CD90:14
Part H. Violations CD90:16
Div. 2. Definitions CD90:16
Div. 3. Flood Resistant Development CD90:20
Part A. Buildings and Structures CD90:20
Part B. Subdivisions CD90:21
Part C. Site Improvements, Utilities and
Limitations CD90:21
Part D. Manufactured Homes CD90:22
Part E. Recreational Vehicles and Park Trail-
ers CD90:23
Part F. Tanks CD90:24
Part G. Other Development CD90:24
Art. III. Reserved CD90:26
Art. IV Stormwater Management CD90:27
Div. 1. Generally CD90:27
Div. 2. Permit CD90:29
Div. 3. Performance Standards CD90:32
Div. 4. Design Standards CD90:33
Div. 5. Maintenance CD90:36
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Supp. No. 33 xvi
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TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. V. Construction Site Stormwater Runoff Control . CD90:37
91. Landscape Irrigation CD91:1
92. Fertilizer Land Application CD92:1
93. Reserved CD93:1
94. Signs CD94:1
Art. I. In General CD94:3
Art. II. Permits and Inspection CD94:11
Art. III. Size, Location and Construction CD94:14
Div. 1. Generally CD94:14
Div. 2. Types of Signs CD94:16
Div. 3. District Regulations CD94:20
Art. IV. Nonconforming Signs CD94:23
95-97. Reserved CD95:1
98. Subdivisions CD98:1
Art. I. In General CD98:5
Art. II. Plats and Lot Splits CD98:10
Div. 1. Generally CD98:10
Div. 2. Preapplication CD98:10
Div. 3. Preliminary Plat CD98:11
Div. 4. Final Plat CD98:14
Div. 5. Lot Splits CD98:16
Div. 6. Lot Line Adjustments CD98:18
Art. III. Construction CD98:20
Div. 1. Generally CD98:20
Div. 2. Permit CD98:20
Div. 3. Inspections; Certificate of Completion CD98:21
Art. IV. Improvements CD98:22
Div. 1. Generally CD98:22
Div. 2. Design Standards CD98:26
99-101. Reserved CD99:1
102. Vegetation 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. 33 xvii
Chapter
CAPE CANAVERAL CODE
Art. II. Procedure; Land Use Decisions CD110:19
Div. 1. Generally CD110:19
Div. 2. Rezonings CD110:22.1
Div. 3. Variances CD110:23
Div. 4. Special Exceptions CD110:24
Div. 5. Administrative Appeals CD110:25
Art. III. Administration and Enforcement CD110:26
Div. 1. Generally CD110:26
Div. 2. Permits CD110:27
Div. 3. Certificate of Occupancy CD110:28
Div. 4. Reserved CD110:29
Art. IV. Special Exceptions CD110:29
Div. 1. Generally CD110:29
Div. 2. Alcoholic Beverages CD110:29
Art. V. Nonconformities CD110:31
Art. VI. Site Plans CD110:37
Art. VII. Districts CD110:40.2
Div. 1 Generally CD110:40.2
Div. 2. R-1 Low Density Residential District CD110:42
Div. 3 R-2 Medium Density Residential District CD110:44
Div. 4 R-3 Medium Density Residential District CD110:46
Div. 5 C-1 Low Density Commercial District CD110:46.3
Div. 6 C-2 Commercial/Manufacturing District CD110:46.6
Div. 7 M-1 Light Industrial and Research and
Development District CD110:46.10
Div. 8 Townhouses CD110:46.16
Div. 9 Public Recreation (PUB/REC) CD110:46.18
Div. 10 Conservation (CON) CD110:46.19
Art. VIII. Residential Planned Unit Developments CD110:46.20
Div. 1. Generally CD110:46.20
Div. 2. Development Plans CD110:49
Div. 3. Land Use Regulations CD110:56
Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
Div. 2. Offstreet Parking CD110:73
Div. 3. Offstreet Loading CD110:74.5
Div. 4. Home Based Businesses CD110:74.6
Div. 5. Setbacks CD110:74.6
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
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Supp. No. 33 xviii
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TABLE OF CONTENTS—Cont'd.
Chapter Page
Div. 6. Landscaping CD110:101
Div. 7. Signage CD110:102.2
Art. XI. Planned Developments CD 110:102.5
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 CD 115:7
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. 33 xix
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Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and supplementation many
pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to determine
whether the Code volume properly reflects the latest printing of each page.
In the first column all page numbers are listed in sequence. The second column reflects
the latest printing of the pages as they should appear in an up-to-date volume. The letters
"OC" indicate the pages have not been reprinted in the Supplement Service and appear as
published for the original Code. When a page has been reprinted or printed in the
Supplement Service, this column reflects the identification number or Supplement Number
printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in compiling
an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp. No. Page No. Supp. No.
Title Page 31 CHT:15 20
iii 33 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 CD 1:5, CD 1:6 12
xi, xii 33 CD1:7 12
xiii, xiv 33 CD2:1, CD2:2 30
xv, xvi 33 CD2:3, CD2:4 28
xvii, xviii 33 CD2:5, CD2:6 24
xix 33 CD2:7, CD2:8 31
SH:1, SH:2 24 CD2:8.1, CD2:8.2 31
SH:3, SH:4 33 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
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CD2:19, CD2:20 28 CD 10:31, CD 10:32 13
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CD2:30.1 30 CD10:43, CD10:44 31
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CD 10:3, CD 10:4 21 CD18:5 30
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CD10:6.3, CD10:6.4 20 CD22:3, CD22:4 32
CD10:6.5, CD10:6.6 20 CD22:5, CD22:6 32
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CD34:1, CD34:2 28 CD51:1 OC
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SUPPLEMENT HISTORY TABLE
Ord. No.
Date
Adopted
Include/
Omit
Supp. No.
04-2015
3-17-15
Include
24
05-2015
6-16-15
Include
24
06-2015
7-21-15
Include
24
07-2015
8-18-15
Include
24
09-2015
9-22-15
Include
24
Supp. No. 25
11-2015
11-17-15
Include
25
12-2015
11-17-15
Include
25
2016-05(Res.)
4-19-16
Include
25
01-2016
5-17-16
Include
25
02-2016
7-19-16
Include
25
2016-12(Res.)
8-16-16
Include
25
Supp. No. 26
01-2017
1-17-17
Include
26
02-2017
1-17-17
Include
26
03-2017
2-21-17
Include
26
04-2017
4-18-17
Include
26
05-2017
6-20-17
Omit
26
06-2017
6-20-17
Include
26
08-2017
7-18-17
Include
26
09-2017
7-18-17
Include
26
2017-08(Res.)
7-18-17
Include
26
2017-09(Res.)
7-18-17
Include
26
11-2017
8-15-17
Include
26
12-2017
8-15-17
Include
26
2017-15(Res.)
8-15-17
Include
26
Supp. No. 27
16-2017
1-16-18
Include
27
01-2018
2-20-18
Include
27
02-2018
4-17-18
Include
27
03-2018
5-15-18
Include
27
04-2018
6-19-18
Include
27
07-2018
9-18-18
Include
27
Stapp. No. 28
05-2019
2-19-19
Include
28
09-2019
5-21-19
Include
28
2019-05(Res.)
5-21-19
Include
28
2019-09(Res.)
5-21-19
Omit
28
10-2019
6-18-19
Include
28
11-2019
6-18-19
Include
28
Supp. No. 29
15-2019
11-19-19
Include
29
17-2019
11-19-19
Include
29
19-2019
1-21-20
Include
29
20-2019
1-21-20
Include
29
01-2020
2-18-20
Include
29
Supp. No. 33
SH:3
CAPE CANAVERAL CODE
Ord. No.
Date
Adopted
Include/
Omit
Supp. No.
02-2020
4-21-20
Include
29
2020-01(Res.)
6-16-20
Include
29
Supp. No. 30
03-2020
10-20-20
Include
30
05-2020
11-17-20
Include
30
06-2020
12-15-20
Include
30
08-2020
12-15-20
Include
30
09-2021
2-16-21
Include
30
10-2021
3-16-21
Include
30
12-2021
4-20-21
Include
30
2021-06(Res.)
6-15-21
Omit
30
2021-09(Res.)
7-20-21
Include
30
29-2021
8-17-21
Include
30
30-2021
6-15-21
Include
30
31-2021
6-15-21
Include
30
32-2021
8-17-21
Include
30
Supp. No. 31
27-2021
9-21-21
Include
31
35-2021
9-21-21
Include
31
36-2021
11-16-21
Include
31
37-2021
10-19-21
Include
31
43-2021
12-21-21
Include
31
02-2022
4-19-22
Include
31
03-2022
5-17-22
Include
31
04-2022
8-16-22
Include
31
16-2022
7-19-22
Include
31
Supp. No. 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. 33
12-2023
12-19-23
Include
33
17-2024
8-20-24
Include
33
18-2024
8-20-24
Include
33
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Supp. No. 33
SH:4
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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. 33 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.
Sec. 82-149 Technical amendment to Florida Building Code —Building permit
required for roof coatings.
Secs. 82-150-82-170. 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.
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Supp. No. 33 CD82:2
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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,
'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. 33 CD82:13
§ 82-147
CAPE CANAVERAL CODE
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)
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)
Sec. 82-149 Technical amendment to
Florida Building Code —Build-
ing permit required for roof
coatings.
A building permit shall be required under this
chapter for the installation and application of a
roof coating regulated under Section 1509 and
any other applicable provisions of the Florida
Building Code, except in instances when the
coating is not represented to protect, repair,
waterproof, stop leaks, or extend the life of the
roof. A property owner may opt out of the
building permit requirement required by this
section for an area of 100 square feet or less.
(Ord. No. 17-2024, § 2, 8-20-24)
Secs. 82-150-82-170. Reserved.
ARTICLE VII. RESERVED*
Secs. 82-171-82-195. Reserved.
ARTICLE VIII. RESERVEDt
Secs. 82-196-82-220. Reserved.
*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.
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Supp. No. 33 CD82:14
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BUILDINGS AND BUILDING REGULATIONS § 82-221
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
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, entitled Application of other
codes, is hereby replaced in its entirety
as follows:
Repairs, additions or alterations to a
structure, or changes of occupancy, shall
Supp. No. 33 CD82:15
§ 82-221
CAPE CANAVERAL CODE
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
•
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Supp. No. 33 CD82:16
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Chapter 110
ZONING*
Article I. In General
Sec. 110-1. Definitions.
Sec. 110-2. Board of adjustment.
Sec. 110-3. Planning and zoning board.
Secs. 110-4-110-25. Reserved.
Article II. Procedure; Land Use Decisions
Division 1. Generally
Sec. 110-26. Intent and purpose.
Sec. 110-27. Authority.
Sec. 110-28. Due process; special notice requirements.
Sec. 110-29. Applications.
Sec. 110-30. Staff review; application deficiencies.
Sec. 110-30.1 Attendance required at public hearings; postponement of hearings.
Sec. 110-31. Reconsideration of rezonings, variances, special exceptions or
administrative appeals.
Sec. 110-32. Expiration of variance or special exception; abandonment.
Sec. 110-33. appellate review
Division 2. Rezonings
Sec. 110-34. Rezoning applicant obligations.
Sec. 110-35. Procedure.
Division 3. Variances
Sec. 110-36. Variance applicant obligations.
Sec. 110-37. Procedure.
Division 4. Special Exceptions
Sec. 110-38. Special exception applicant obligations.
Sec. 110-39. Procedure
Division 5. Administrative Appeals
Sec. 110-40. Administrative appeals.
Secs. 110-41-110-85. Reserved.
Article III. Administration and Enforcement
Division 1. Generally
Sec. 110-86. Conflicts with other ordinances.
Sec. 110-87. Enforcement of chapter.
*Cross references —Possession of alcoholic beverages on streets, alleys, sidewalks and parking areas restricted $ 6-51;
outdoor entertainment, § 10-46 et seq.; adult entertainment, § 10-86 et seq.; businesses, ch. 16; community development, ch. 22;
envirnoment, ch. 34; noise, $ 34-151 et seq.; planning, ch. 58; coastal construction code, § 82-81 et seq.; floods, ch. 90; fertilizer
Supp. No. 33 CD110:1
CAPE CANAVERAL CODE
Sec. 110-88. Duties of building official.
Sec. 110-89. Penalties for violation.
Sec. 110-90. Complaints of violations.
Sec. 110-91. Conformity to plans, specifications, intended uses and applica-
tions.
Sec. 110-92. Schedule of fees, charges and expenses.
Secs. 110-93-110-105. Reserved.
Division 2. Permits
Sec. 110-106. Required.
Sec. 110-107. Application.
Sec. 110-108. Expiration.
Secs. 110-109-110-120. Reserved.
Division 3. Certificate of Occupancy
Sec. 110-121. Required.
Sec. 110-122. Hotels and motels.
Secs. 110-123-110-135. Reserved.
Division 4. Reserved
Secs. 110-136-110-160. Reserved.
Article IV. Special Exceptions
Division 1. Generally
Sec. 110-161. Structures and uses approved by special exception.
Secs. 110-162-110-170. Reserved.
Division 2. Alcoholic Beverages
Sec. 110-171. Establishments serving alcoholic beverages.
Sec. 110-172. Temporary alcoholic beverage permits.
Secs. 110-173-110-190. Reserved.
Article V. Nonconformities
Sec. 110-191. Intent; rules of interpretation; building and fire codes; defini-
tions.
Sec. 110-192. Mobile home parks and single-family mobile home districts.
Sec. 110-193. Continuance of nonconforming structures.
Sec. 110-194. Continuance of nonconforming uses of land.
Sec. 110-195. Nonconforming uses of structures or of structures and premises
in combination; change of use.
Sec. 110-196. Nonconforming lots of record -Single-family dwellings and
duplexes.
Sec. 110-197. Abandonment.
Sec. 110-198. Repairs and maintenance.
Sec. 110-199. Temporary uses.
Sec. 110-200. Special permit.
Secs. 110-201-110-220. Reserved.
Article VI. Site Plans
Sec. 110-221. Submittal and review required.
Sec. 110-222. Requirements and review criteria.
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Sec. 110-223. Review procedures.
Sec. 110-223.5. Reserved.
Sec. 110-224. Expiration.
Secs. 110-225-110-245. Reserved.
Article VII. Districts
Division 1. Generally
Sec. 110-246. Official zoning map -Adopted.
Sec. 110-247. Same -Replacement.
Sec. 110-248. Rules for interpretation of district boundaries.
Sec. 110-249. Application of district requirements.
Sec. 110-250. Conformity.
Sec. 110-251. Structure height, maximum units, lot area, setbacks.
Sec. 110-252. Duplicate use of setbacks, open space, parking space.
Sec. 110-253. Reuse of area used for density calculations.
Sec. 110-254. Dimension or area reduction below minimum.
Sec. 110-255. Lot and street requirements for structures.
Sec. 110-256. Zoning classification of annexations.
Sec. 110-257. Unusual uses or uses not specifically permitted.
Secs. 110-258-110-270. Reserved.
Division 2. R-1 Low Density Residential District
Sec. 110-271. Intent.
Sec. 110-272. Principal uses and structures.
Sec. 110-273. Accessory uses and structures.
Sec. 110-274. Special exceptions permissible by board of adjustment.
Sec. 110-275. Prohibited uses and structures.
Sec. 110-276. Area and dimensions.
Sec. 110-277. Minimum setbacks.
Sec. 110-278. Offstreet parking and access.
Secs. 110-279-110-290. Reserved.
Division 3. R-2 Medium Density Residential District
Sec. 110-291. Intent.
Sec. 110-292. Principal uses and structures.
Sec. 110-293. Accessory uses and structures.
Sec. 110-294. Special exceptions permissible by board of adjustment.
Sec. 110-295. Prohibited uses and structures.
Sec. 110-296. Area and dimension.
Sec. 110-297. Minimum setbacks.
Sec. 110-298. Offstreet parking and access.
Secs. 110-299-110-310. Reserved.
Division 4. R-3 Medium Density Residential District
Sec. 110-311. Intent.
Sec. 110-312. Principal uses and structures.
Sec. 110-313. Accessory uses and structures.
Sec. 110-314. Special exceptions permissible by board of adjustment.
Sec. 110-315. Prohibited uses and structures.
Sec. 110-316. Area and dimensions.
Sec. 110-317. Minimum setbacks.
Sec. 110-318. Offstreet parking and access.
Sec. 110-319. Minimum breeze requirement.
Sec. 110-320. Dune crossovers required.
Supp. No. 33 CD110:3
CAPE CANAVERAL CODE
Sec. 110-321. Protection of public beach -end parking.
Secs. 110-322-110-330. Reserved.
Division 5. C-1 Low Density Commercial District
Sec. 110-331. Intent; applicability.
Sec. 110-332. Principal uses and structures.
Sec. 110-333. Accessory uses and structures.
Sec. 110-334. Special exceptions permissible by board of adjustment.
Sec. 110-335. Prohibited uses and structures.
Sec. 110-336. Area and dimensions.
Sec. 110-337. Minimum setbacks.
Sec. 110-338. Landscaping, screening and parking.
Sec. 110-339. Offstreet parking and access.
Division 6. C-2 Commercial/Manufacturing District
Sec. 110-340. Intent; applicability.
Sec. 110-341. Principal uses and structures.
Sec. 110-342. Accessory uses and structures.
Sec. 110-343. Special exceptions permissible by the board of adjustment.
Sec. 110-344. Prohibited uses and structures.
Sec. 110-345. Area and dimensions.
Sec. 110-346. Minimum setbacks.
Sec. 110-347. Landscaping, screening and parking.
Sec. 110-348. Performance standards.
Sec. 110-349. Parking and loading.
Sec. 110-350. Reserved.
Division 7. M-1 Light Industrial and Research and Development District
Sec. 110-351. Intent; applicability.
Sec. 110-352. Principal uses and structures.
Sec. 110-353. Accessory uses and structures.
Sec. 110-354. Special exceptions permissible by board of adjustment.
Sec. 110-355. Prohibited uses and structures.
Sec. 110-356. Area and dimensions.
Sec. 110-357. Minimum setbacks.
Sec. 110-358. Landscaping, screening and parking.
Sec. 110-359. Performance standards.
Sec. 110-360. Parking and loading.
Secs. 110-361-110-370. Reserved.
Division 8. Townhouses
Sec. 110-371. Permitted use.
Sec. 110-372. Area and dimensions.
Sec. 110-373. Minimum setbacks.
Sec. 110-374. Offstreet parking.
Sec. 110-375. Utilities.
Sec. 110-376. Reserved.
Sec. 110-377. Individually platted lots.
Sec. 110-378. Building permit.
Sec. 110-379. Development schedule.
Division 9. Public Recreation (PUB/REC)
Sec. 110-380. Intent.
Sec. 110-381. Principal uses and structures.
Sec. 110-382. Accessory uses and structures
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Supp. No. 33 CD110:4
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Sec. 110-383. Special exceptions permissible by the board of adjustment.
Sec. 110-384. Prohibited uses and structures.
Sec. 110-385. Area and dimensions.
Sec. 110-386. Minimum setbacks.
Sec. 110-387. Off-street parking and access.
Division 10. Conservation (CON)
Sec. 110-388. Intent.
Sec. 110-389. Principle uses and structures.
Sec. 110-390. Accessory uses and structures.
Sec. 110-391. Prohibited uses and structures.
Sec. 110-392. Area and dimensional standards.
Sec. 110-393. Minimum setbacks.
Sec. 110-394. Off-street parking and access.
Secs. 110-395-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
Sec. 110-404. Common open space, drainage systems, private roads and other
related common facilities.
Sec. 110-405. Physical review.
Sec. 110-406. Building permit.
Sec. 110-407. Bonding.
Sec. 110-408. Termination zone.
Sec. 110-409. Enforcement.
Secs. 110-410-110-420. Reserved.
Division 2. Development Plans
Sec. 110-421. Application.
Sec. 110-422. Procedure for receiving approval of preliminary development
plan and tentative zoning.
Sec. 110-423. Procedure for approval of final development plan.
Secs. 110-424-110-435. Reserved.
Division 3. Land Use Regulations
Sec. 110-436. Minimum size.
Sec. 110-437. Maximum density.
Sec. 110-438. Minimum common recreation and open space.
Sec. 110-439. Minimum lot area; frontage; setbacks; accessory uses.
Sec. 110-440. Maximum length of structures.
Sec. 110-441. Minimum floor area.
Sec. 110-442. Offstreet parking.
Sec. 110-443. Underground utilities.
Sec. 110-444. Development standards.
Sec. 110-445. Preservation of trees.
Secs. 110-446-110-455. Reserved.
Article IX. Supplementary District Regulations
Division 1. Generally
Sec. 110-456. Application of performance standards.
Supp. No. 33 CD110:5
CAPE CANAVERAL CODE
Sec. 110-457. Outside storage.
Sec. 110-458. Shopping centers and retail stores using outside display.
Sec. 110-459. Self-service storage facilities.
Sec. 110-460. Veterinary hospital.
Sec. 110-461. Car wash.
Sec. 110-462. Single-family residential second kitchen facility.
Secs. 110-463-110-465. Reserved.
Sec. 110-466. Reserved.
Sec. 110-467. Garage sales.
Sec. 110-468. Accessory structures.
Sec. 110-469. Visibility at intersections.
Sec. 110-470. Fences, walls and hedges.
Sec. 110-471. Exceptions to height regulations.
Sec. 110-472. Access.
Sec. 110-473. Minimum width of courts.
Sec. 110-474. Water areas.
Sec. 110-475. Sidewalks required.
Sec. 110-476. Dedicated public land.
Sec. 110-477. Dedicated public easement.
Sec. 110-478. Residential use antennas/satellite dishes.
Sec. 110-479. Sewage disposal.
Sec. 110-480. Atomic energy uses.
Sec. 110-481. Building required for commercial uses.
Sec. 110-482. Underground utilities required.
Sec. 110-483. Wireless communications towers and antennas.
Sec. 110-484. Emergency pad -mounted generators.
Sec. 110-485. Liquefied petroleum gas.
Sec. 110-486. Vacation rentals.
Sec. 110-487. Rental restrictions on dwelling units.
Sec. 110-488. Assisted living facilities.
Sec. 110-489. Pain management clinic regulations.
Sec. 110-490. Donation bins prohibited.
Sec. 110-490.1. Vacation resort campus.
Sec. 110-490.2. Oak Lane.
Division 2. Offstreet Parking
Sec. 110-491. Number of spaces required.
Sec. 110-492. Location of spaces.
Sec. 110-493. Access.
Sec. 110-494. Dimensions.
Sec. 110-495. Alternative sustainable green parking lots.
Sec. 110-496. Administrative parking reductions.
Sec. 110-497. Bicycle parking.
Sec. 110-498. Restaurants and bars; clubs and lodges-Offstreet parking.
Secs. 110-499-110-505. Reserved.
Division 3. Offstreet Loading
Sec. 110-506. Requirements.
Sec. 110-507. Location and dimensions of space.
Secs. 110-508-110-520. Reserved.
Division 4. Home Based Businesses
Sec. 110-521. Permitted home based businesses.
Sec. 110-522. Reserved.
Sec. 110-523. Reserved.
Secs. 110-524-110-535. Reserved.
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Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Sec. 110-538. Encroachments.
Secs. 110-539-110-550. Reserved.
Division 6. Vehicles and Vessels
Sec. 110-551. Location of recreational vehicles, camping equipment, boats and
boat trailers.
Sec. 110-552. Living aboard boats.
Sec. 110-553. Living or residing in automotive vehicles.
Sec. 110-554. Parking and storage of certain vehicles.
Sec. 110-555. Paving of vehicular use areas.
Sec. 110-556. Vehicle rental facility.
Secs. 110-557-110-565. Reserved.
Division 7. Landscaping and Vegetation
Sec. 110-566. Landscaping and screening between commercial or industrial
zoning districts and residential zoning districts.
Sec. 110-567. Interior landscaping for offstreet parking areas.
Sec. 110-568. Reserved.
Secs. 110-569-110-580. Reserved.
Division 8. Swimming Pools
Sec. 110-581. Construction and location.
Sec. 110-582. Swimming pool barriers.
Sec. 110-583. Accessories.
Sec. 110-584. Minimum setbacks.
Division 9. Mobile Food Dispensing Vehicles and Other Mobile Vendors
Sec. 110-584.1. Mobile food dispensing vehicles.
Article X. A1A Economic Opportunity Overlay District
Division 1. Generally
Sec. 110-585. Introduction.
Sec. 110-586. Boundary and organization.
Sec. 110-587. Applicability.
Sec. 110-588. Purpose.
Sec. 110-589. Goals.
Sec. 110-590. Objectives.
Sec. 110-591. Design principles.
Sec. 110-592. Definitions.
Secs. 110-593-110-603. Reserved.
Division 2. Administration
Sec. 110-604. Intent.
Sec. 110-605. General.
Sec. 110-606. Procedures for design compatibility approvals.
Sec. 110-607. Plan submittals.
Sec. 110-608. Nonconforming uses, structures and buildings.
Sec. 110-609. Use matrix.
Sec. 110-610. Similar and compatible uses.
Supp. No. 33 CD110:7
CAPE CANAVERAL CODE
Sec. 110-611. Property containing both commercial and residential zoning
district designations.
Secs. 110-612-110-620. Reserved.
Division 3. Site Planning
Sec. 110-621. Intent.
Sec. 110-622. LEED or LEED equivalent design.
Sec. 110-623. Building orientation.
Sec. 110-624. Building height.
Sec. 110-625. Building setbacks and building zones.
Sec. 110-626. Building frontage.
Sec. 110-627. Project size.
Sec. 110-628. Lot coverage.
Sec. 110-629. On -site circulation.
Sec. 110-630. Utility and service areas.
Secs. 110-631-110-640. Reserved.
Division 4. Architectural Guidelines
Sec. 110-641. Intent.
Sec. 110-642. Similar and compatible design.
Sec. 110-643. Articulation.
Sec. 110-644. Building continuity.
Sec. 110-645. Scale.
Sec. 110-646. Proportion.
Sec. 110-647. Rhythm.
Sec. 110-648. Entry treatment.
Sec. 110-649. Roof lines.
Sec. 110-650. Exterior surface materials.
Sec. 110-651. Windows and transparency.
Sec. 110-652. Storefronts.
Sec. 110-653. Color.
Sec. 110-654. Awnings and canopies.
Sec. 110-655. Ground floor lighting.
Sec. 110-656. Utilities and stormwater management area screening.
Secs. 110-657-110-667. Reserved.
Division 5. Parking
Sec. 110-668. Intent.
Sec. 110-669. Surface parking.
Sec. 110-670. Parking structures.
Sec. 110-671. Dimensions.
Secs. 110-672-110-682. Reserved.
Division 6. Landscaping
Sec. 110-683. Intent.
Sec. 110-684. Commercial site plan review.
Sec. 110-685. Water efficient landscaping.
Sec. 110-686. Screening between commercial or industrial zoning districts or
uses and residential districts or uses.
Sec. 110-687. Project perimeter.
Sec. 110-688. Building landscaping.
Sec. 110-689. Surface parking lots.
Sec. 110-690. Required screening for commercial parking facilities.
Secs. 110-691-110-700. Reserved.
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Division 7. Signage
Sec. 110-701. Intent.
Sec. 110-702. All signs.
Sec. 110-703. Awning signs.
Sec. 110-704. Pedestrian signs.
Sec. 110-705. Projecting signs.
Sec. 110-706. Wall signs.
Sec. 110-707. Hanging signs.
Sec. 110-708. Window signs.
Sec. 110-709. Business park/area multi-user sign.
Secs. 110-710-110-719. Reserved.
Article XI. Planned Developments
Division 1. Generally
Sec. 110-720. Definitions.
Sec. 110-721. Purpose and intent.
Sec. 110-722. Permitted uses.
Sec. 110-723. Common open space, drainage systems, and other related
common facilities.
Sec. 110-724. Physical review.
Sec. 110-725. Building permit.
Sec. 110-726. Revocation.
Sec. 110-727. Enforcement.
Secs. 110-728-110-739. Reserved.
Division 2. Planned Development Plans
Sec. 110-740. Application procedures.
Sec. 110-741. Concept plan.
Sec. 110-742. Land use plan.
Sec. 110-743. Site/construction plan.
Secs. 110-744-110-754. Reserved.
Supp. No. 33 CD110:9
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ZONING § 110-1
ARTICLE I. IN GENERAL
Sec. 110-1. 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:
Access easement. See the definition of "utility
access easement."
Accessory use means a use or structure on the
same lot with and of a nature customarily
incidental and subordinate to the principal use
or structure.
Alcoholic beverage means the same as defined
by F.S. § 561.01(4)(a).
Alley means any public or private right-of-way
set aside for secondary public travel and servic-
ing which is less than 30 feet in width.
Antenna means any exterior transmitting or
receiving device mounted on a tower, building or
structure and used in communications that radi-
ate or capture electromagnetic waves, digital
signals, analog signals, radio frequencies (exclud-
ing radar signals), wireless telecommunications
signals or other communication signals.
Apartment. See the definition of "dwelling,
multiple -family."
Apartment hotel means a building designed
for or containing both apartments and individual
guestrooms or rental units, under resident
supervision, and which maintains an inner lobby
through which all tenants must pass to gain
access to apartments, rooms or units.
Approved structure means that which is built
or constructed or an edifice or building of any
kind in which collected nonhazardous material
may be stored.
Assisted living facility shall mean any build-
ing or buildings, section or distinct part of a
building, private home, boarding home, home for
the aged, or other residential facility, whether
operated for profit or not, which undertakes
through its ownership or management to provide
housing, meals, and one or more personal services
for a period exceeding 24 hours to one or more
adults who are not relatives of the owner or
administrator. For purposes of calculating density,
2.5 assisted living facility beds shall be equivalent
to one dwelling unit.
Automotive maintenance facility means a facil-
ity in the business of conducting minor repairs
and servicing to motor vehicles which produces
relatively low levels of noise, vibration and fumes,
but which shall not include the sale of gasoline.
More specifically, the following types of repairs
and services to motor vehicles may be offered: air
conditioning repairs, starting and charging service;
brake repair and replacement; engine oil changes,
fluids replacement; exhaust system repair and
replacement; automotive electrical work other
than audio sound system installation; shock
absorber, spring, and strut replacement;
upholstery work; tire balancing, tire installation;
wheel alignment; windshield and glass installa-
tion; tune-ups, diagnostics; spark plug replace-
ment, emission control service; and other repairs
of a similar nature with respect to impacts on
nearby properties.
Automotive repair facility means a facility in
the business of conducting major repairs to
motor vehicles that produce relatively high levels
of noise, vibration and fumes, but which shall
not include the sale of gasoline. More specifi-
cally, the following types of repairs to motor
vehicles may be offered: audio sound system
installation; auto body customizing; sun roof
installation; auto body sheet metal, fiberglass or
plastic repair, replacement, prepping or paint-
ing; auto body or frame media blasting; chassis
and frame cleaning, fabrication, straightening or
welding; transmission repair and replacement;
any other types of similar automotive work not
included in the definition of "automotive
maintenance facility".
Automotive vehicle means any self-propelled
vehicle or conveyance designed and used for the
purpose of transporting or moving persons,
animals, freight, merchandise or any substance.
The term shall include passenger cars, trucks,
buses, motor homes, motorcycles, scooters and
station wagons, but shall not include tractors,
Supp. No. 33 CD110:11
§ 110-1
CAPE CANAVERAL CODE
construction equipment or machinery or any
device used for performing a job, except as stated
in this definition.
Awning means a detachable, rooflike cover,
supported by the walls of a building for protec-
tion from sun or weather.
Block means the area between two adjacent
streets or if no streets are present an area not to
exceed 600 feet in length or width.
Bottle club means a membership composed of
a group of people which permits the consumption
of alcoholic beverages on a premises without
charge. Membership shall be for a period of not
less than one year.
Building means any structure built for the
support, shelter or enclosure of persons, animals,
chattels or property of any kind which has
enclosing walls for 50 percent of its perimeter.
The term "building" shall be as if followed by the
words "or part thereof." For the purpose of this
chapter, each portion of a building separated
from other portions by a firewall shall be
considered as a separate building. For the purpose
of area and height limitations, this definition
shall be applicable to sheds and open sheds.
Building official means the official charged
with the administration and enforcement of this
chapter as provided in article II of this chapter.
Camper trailer. See the definition of
"recreational vehicle."
Camper (truck mounted) means a portable
structure designed to be mounted on a truck or
similar type vehicle, for the purpose of convert-
ing the vehicle into a movable living unit, and
customarily used for recreational or camping
use.
Car wash means a business engaged in wash-
ing, waxing, polishing, and general cleaning of
automobiles, small trucks, light utility vehicles
and small recreational vehicles, but that is not
designed to handle larger commercial trucks and
buses. It includes self-service, full -service, and
automated car washes and auto detailing services.
Child care facility means any child care center
or child care arrangement as defined by F.S.
§ 402.302, as may be amended.
Chronic nonmalignant pain means pain
unrelated to cancer or rheumatoid arthritis,
which persists beyond the usual course of disease
or the injury that is the cause of the pain, or
more than 90 days after surgery.
Church means any building occupied on a
permanent basis for religious exercises as a
primary use.
Clubs and lodges means buildings and facili-
ties owned or operated by a corporation, associa-
tion, person or persons for a fraternal, veteran,
social, educational or recreational purpose, but
not primarily for profit nor to render a service
which is customarily carried on as a business,
and is licensed as a restaurant and/or alcoholic
beverage establishment. The use of such build-
ings or facilities tend to be restricted to the
members of these organizations and their guests.
Commercial parking facility shall mean a
facility primarily engaged in the commercial
enterprise of providing parking spaces for licensed
motor vehicles, usually on an hourly, daily, or
monthly basis. Commercial parking facilities
shall not include those facilities for the storage
of boats, trailers, trailerable items, recreational
vehicles, unlicensed vehicles or other special
purpose vehicles.
Common open space means a parcel or area of
land or land and water, other than a dedicated
canal, within the site and designed and intended
for the use or enjoyment of residents living
within the zone or development area. Common
open space may contain such complementary
structures and improvements as are necessary
and appropriate for the benefit and enjoyment of
the residents.
Construction site means a lot or parcel upon
which development is immediately proposed or
in progress, as authorized by a current building
permit.
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Supp. No. 33 CD110:12
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ZONING § 110-1
Containers means any cans, barrels, drums or
tanks, except stationary tanks, which would be
used for the outside storage of nonhazardous
materials.
Convalescent home means a building where
regular nursing care is provided for more than
one person, not a member of the family, who
resides on the premises.
Convenience store (with or without the sale of
gasoline at fueling stations) means a small store
that stocks a range of everyday items such as
groceries, snack foods, candy, toiletries, soft drinks,
tobacco products, and newspapers. This type of
Supp. No. 33 CD110:12.1
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ZONING § 110-1
general welfare. Such uses as may be permitted
by the board of adjustment are identified for
each zoning district as special exceptions.
Story means that portion of a building included
between the floor surface and the upper surface
of the floor next above or any portion of a
building used for human occupancy between the
topmost floor and roof. A basement or cellar not
used for human occupancy shall not be counted
as a story.
Street means a public or private right-of-way
set aside for public travel.
Street centerline means the midpoint of the
street right-of-way.
Street, private, means a private way set aside
for vehicular traffic that exceeds 200 feet in
developed length or serves four or more
residential, commercial or any combination of
residential and commercial units. Private streets
shall be installed in accordance with section
98-92.
Street right-of-way means the property line
which bounds the right-of-way set aside for use
as a street.
Structure means that which is built or
constructed.
Swimming pool means any portable pool or
permanent structure containing a body of water
18 inches or more in depth or 250 square feet of
surface area or more of water service area,
including an ornamental reflecting pool or fish
pond or other type of pool, regardless of size,
unless it is located and designed so as not to
create a hazard or not be used for swimming or
wading.
Tent means a collapsible shelter of canvas or
other fabric -type material.
Terrace means an open space adjacent to the
principal building on one or two sides, prepared
with a hard, semihard or improved surface, for
the purpose of outdoor living.
Total floor area or gross floor area means the
area of all floors of a building, including finished
attics, finished basements and all covered areas,
including porches, sheds, carports and garages.
Townhouse means a single-family dwelling
unit constructed in a series or group of attached
units with property lines separating such units.
Trailer means a portable structure having no
foundation other than wheels, jacks or blocks
that will not be a hazard to adjacent buildings
and that is also fully enclosed, operable and
licensed.
Trailer park means an area duly licensed by
the city and approved by the state board of
health, which is designed, constructed, equipped,
operated and maintained for the purpose of
providing space for and otherwise servicing mobile
homes and trailers.
Travel trailer. See the definition of "recreational
vehicle."
Utility access easement means an easement
less than 20 feet wide, dedicated and used for
utilities and utility vehicles. The term does not
qualify as an alley pursuant to chapter 98 pertain-
ing to subdivisions.
Vacant means a building or parcel of land that
is neither occupied nor used.
Variance means a relaxation of the terms of
this chapter when such variance will not be
contrary to the public interest and when, owing
to conditions peculiar to the property and not the
result of the actions of the applicant, a literal
enforcement of this chapter would result in
unnecessary and undue hardship. As used in
this chapter, a variance is authorized only for
height, area, size of structure or size of yards and
open spaces; establishment or expansion of a use
otherwise prohibited shall not be allowed by
variance nor shall a variance be granted because
of the presence of nonconformities in the zoning
district or used in an adjoining zoning district.
Veterinary clinic means an establishment that
has the necessary facilities for the examination
and treatment of animals but does not accom-
modate animals for more than 24 hours, thereby
not providing boarding services.
Veterinary hospital means an establishment
that has the necessary facilities for the examina-
Supp. No. 33 CD110:18.1
§ 110-1 CAPE CANAVERAL CODE
tion and treatment of animals which includes
boarding services that may accommodate animals
for more than 24 hours.
Wall means a structure forming a physical
barrier, which is constructed of concrete or
masonry composite.
Wall, concrete boundary, means a structure
constructed using concrete, either poured or in
block form, along the property boundary or
within the setback and used as a dividing line
between parcels of property in a residential zone,
specifically excluding townhouse interior party
walls.
Yard means all open space on the same lot as
the principal building, which space is unoccupied
and unobstructed by buildings from the ground
upward, except as otherwise provided. The term
generally applies to the area from each lot line to
the principal building and its attached porches,
sheds, carports, garages and storage areas.
(Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96;
Ord. No. 9-97, § 1, 9-2-97; Ord. No. 19-98,
§§ 1-3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98;
Ord. No. 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2,
4-18-00; Ord. No. 03-2003, § 2, 8-19-03; Ord. No.
02-2004, § 2, 3-02-04; Ord. No. 01-2007, § 2,
2-20-07; Ord. No. 04-2007, § 2, 6-19-07; Ord. No.
04-2008, § 3, 5-6-08; Ord. No. 13-2009, § 2,
12-15-09; Ord. No. 05-2010, § 2, 4-20-10; Ord.
No. 17-2010, § 2, 11-16-10; Ord. No. 04-2011, § 2,
6-21-11; Ord. No. 06-2011, § 2, 10-18-11; Ord.
No. 02-2012, § 2, 3-20-12; Ord. No. 06-2012, § 2,
4-17-12; Ord. No. 03-2013, § 2, 3-19-13; Ord. No.
04-2013, § 2, 3-19-13; Ord. No. 05-2013, § 2,
3-19-13; Ord. No. 06-2013, § 2, 6-18-13; Ord. No.
09-2014, § 2, 9-16-14; Ord. No. 02-2016, § 2,
7-19-16; Ord. No. 04-2017, § 2, 4-18-17; Ord. No.
11-2017, § 2, 8-15-17; Ord. No. 04-2018, § 2,
6-19-18; Ord. No. 01-2020, § 2, 2-18-20; Ord. No.
36-2021, § 3C, 11-16-21; Ord. No. 12-2023, § 2,
12-19-23)
Cross reference -Definitions and rules of construction
generally, § 1-2.
Sec. 110-2. Board of adjustment.
(a) A board of adjustment is established and
shall consist of seven members.
(b) The board of adjustment shall have the
powers and duties to consider applications for
special exceptions, variances, and administra-
tive appeals under this chapter.
(c) The board of adjustment shall not incur
any debts or enter into any contracts or obliga-
tions which would be enforceable against the
city, unless prior approval has been obtained
from the city council.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
§ 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11)
Sec. 110-3. Planning and zoning board.
(a) The planning and zoning board is
established and shall consist of seven members.
(b) The planning and zoning board shall oper-
ate exclusively in an advisory capacity, and no
ruling, decision or recommendation of the board
shall be binding.
(c) The board shall perform such duties as are
conferred on it by this Code and the city council
and shall, from time to time, make studies on
planning and zoning matters affecting the health,
welfare, safety and morals of the people of the
city.
(d) No problem or situation relating to zoning
shall be submitted to the city council prior to
being submitted to and acted upon by the plan-
ning and zoning board. Such problems or situa-
tions relating to zoning shall include but not be
limited to the following:
(1) Changes in zone classification.
(2) Changes in zoning district boundaries
and zoning maps.
(3) Review and revision of zoning sections.
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Supp. No. 33 CD110:18.2
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ZONING § 110-197
b. Has fewer employees;
c. Requires less parking;
d. Creates less traffic;
e. Has fewer deliveries;
f. Creates less noise;
g.Creates a better benefit to the
surrounding area than the
previous use;
h. Is more acceptable with the
existing and future use or make
up of the area;
i. Is more normally found in a
similar neighborhood; or
j. Creates less of an impact than
the present nonconforming use.
(Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110-196. Nonconforming lots of
record —Single-family dwell-
ings and duplexes.
(a) In any zoning district in which single-
family dwellings or duplexes are permitted, a
single-family dwelling or duplex, and customary
accessory buildings may be erected, expanded, or
altered on any single lot of record, notwithstand-
ing that such lot fails to meet the requirements
for area, width, and/or depth for the applicable
zoning district. For new single-family dwellings
and duplexes, this provision shall only apply
where yard dimensions (minimum lot coverage,
minimum living area and maximum height) and
setback requirements conform in all other respects
with the land development regulations for the
applicable zoning district. Existing one-story
single-family dwellings may be expanded and
altered to add a second story or ground floor
addition of habitable space in conformance with
the yard dimensions (minimum lot coverage,
minimum living area and maximum height) and
setback requirements for the applicable zoning
district; or add a second story of habitable space
within the existing building footprint of the
existing single-family dwelling, notwithstanding
the existing dwelling footprint does not conform
to the minimum lot coverage, minimum living
area and setback requirements.
(b) On any developed (non -vacant) parcel of
land that does not constitute a lot of record, but
upon which an existing single-family dwelling or
duplex was issued a certificate of occupancy by
the city or county prior to August 20, 2024, said
developed parcel of land shall hereby be deemed
a single lot of record approved by the city in
compliance with the Code. The existing single-
family dwelling or duplex can be maintained,
altered, expanded or reconstructed on said
developed lot of record in accordance with the
applicable provisions of subsection (a). This
subsection does not apply to vacant parcels of
land.
(Ord. No. 17-2006, § 2, 10-17-06; Ord. No.
18-2024, § 2, 8-20-24)
Sec. 110-197. Abandonment.
(a) A nonconforming use of a building or
premises which has been abandoned shall not
thereafter be returned to such nonconforming
use. A nonconforming use shall be considered
abandoned:
(1) When the intent of the owner to
discontinue the use is apparent; or
(2) When the characteristic equipment and
the furnishings of the nonconforming use
have been removed from the premises
and have not been replaced by similar
equipment within 180 days, unless other
facts show intention to resume the
nonconforming use; or
(3) When it has been replaced by a conform-
ing use; or
(4) Where the use is discontinued or
abandoned for a period of more than 180
consecutive days or for 18 months (545
days) during any three-year period, except
where the use constitutes a dwelling
unit. In the case of dwelling units, the
discontinuance or abandonment period
shall be 730 consecutive days (two years).
(b) The city council may grant extensions of
time for a nonconforming use of a building or
premises, which would otherwise be considered
abandoned pursuant to subsection (a), to continue
Supp. No. 33 CD110:35
§ 110-197 CAPE CANAVERAL CODE
if the abandonment was directly caused by an
act of God or other emergency situation outside
of the control of the property owner.
(c) In the event a more specific abandonment,
discontinuance, or amortization provision is stated
elsewhere in this City Code for a specific
nonconforming structure, land use, or land area,
the more specific provision shall apply.
(d) No provision contained in this article, or
elsewhere in the City Code regarding the abandon-
ment, discontinuance, or amortization of
nonconforming structures or land uses shall
nullify, void, or abrogate any similar provision
contained in a duly executed binding develop-
ment agreement approved by the city council
prior to October 17, 2006.
(Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110-198. Repairs and maintenance.
(a) Reasonable routine repair and maintenance
of nonconforming structures is permitted and is
not a change which would terminate a
nonconforming status, provided the work is neces-
sary to keep the structure in a state of good
repair. The work may include the replacement of
existing materials with like materials. However,
repairs and maintenance may only be authorized
by the city council pursuant to section 110-200 or
by the building official provided that the build-
ing official determines compliance with the fol-
lowing:
(1) The repairs and maintenance comply
with applicable building and fire codes.
(2) No violation of sections 110-193, 110-
194, 110-195, 110-197 exists.
(3) The permittee shall be in compliance
with all other applicable provisions of
this article.
(4) There are no pending code enforcement
actions or liens existing on the subject
property.
(5) If replacement materials are involved,
such replacement may not exceed 50
percent of the fair market value of the
structure, as established by the Brevard
County Property Appraiser or by a
licensed appraiser, whichever is greater.
(b) Nothing in this article shall be deemed to
prevent the strengthening or restoring to a safe
condition of any building or part thereof declared
to be unsafe by any official charged with protect-
ing the public safety, upon order of such official.
However, this subsection shall not be construed
as a means of circumventing the intent of this
article calling for the elimination of nonconform-
ing structures by allowing a nonconforming
structure to be substantially rebuilt so as to
extend the ordinary and natural life of a
nonconforming structure.
(c) The building official is authorized to permit
structural alterations to nonconforming structures
in instances where the Occupational Safety and
Health Administration ("OSHA") requirements
necessitate alterations, provided the alterations
shall not be authorized primarily to replace
deteriorated materials. Permittees shall be
required to produce verification that said altera-
tions are required by OSHA including, but not
limited to, a citation to all applicable OSHA
regulations and any OSHA notifications requir-
ing the alterations.
(d) This section does not apply to structures
used for single-family dwelling or two-family
dwelling purposes which structures may be
renovated, repaired, or replaced in accordance
with a lawfully issued building permit.
(Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110-199. Temporary uses.
The casual, intermittent, temporary or illegal
use of land or structures, or construction of an
unlawful structure, shall not be sufficient to
establish the existence of a nonconforming use or
structure. Such use or structure shall not be
validated by the adoption of this article or
amendments hereto, unless it complies with the
terms of the City Code.
(Ord. No. 17-2006, § 2, 10-17-06)
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Supp. No. 33 CD110:36
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ZONING § 110-200
Sec. 110-200. Special permit.
(a) The intent and purpose of this section is to
recognize that there are limited and special
circumstances where overall community and
public policy objectives of the city encourage, and
shall be served by, the continuation of some
nonconforming uses of residential buildings for
human occupancy provided said uses are not
detrimental to the surrounding neighborhood
and to the community values established in the
city's comprehensive plan and city codes. The
city council desires to establish specific standards
for this category of special permit in order to
allow the continuation of some nonconforming
uses of residential buildings for human occupancy
notwithstanding any contrary provisions of this
article or City Code.
(b) The city council, at a duly held public
hearing, may grant a special permit to allow the
continuation of a nonconforming use of a
residential building for human occupancy provided
the following terms and conditions are strictly
satisfied:
(1) The owner of the property on which said
nonconforming use exists files a special
permit application provided by the city;
and
Supp. No. 33 CD110:36.1
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ZONING § 110-491
(g) All development criteria shall be governed
by the underlying zoning category, includ-
ing but not limited to building setbacks,
building separation, required parking,
height limits and density, unless otherwise
agreed by the city in the master develop-
ment agreement required by this section.
(Ord. No. 10-2013, § 2, 7-16-13)
Editor's note —Ord. No. 10-2013, § 2, adopted July 16,
2013, set out provisions intended for use as § 110-491. At the
editor's discretion, to prevent duplication of section numbers,
these provisions have been included as § 110-490.1.
Sec. 110-490.2. Oak Lane.
Notwithstanding any contrary provision in
the City Code, the following provisions shall
apply to properties abutting Oak Lane:
(a) The minimum front setback shall be 19
feet.
(b) Private driveway aprons, curbing, pavers,
mailboxes, landscaping, and utilities
("Private Improvements") may be
maintained by property owners within
the unpaved portion of Oak Lane at the
property owner's expense. However, upon
written notice by the city, property owners
shall be required to remove and relocate
the private improvements in the event
the city determines that removal and
relocation is required because of any of
the following reasons:
(1) An emergency exists;
(2) The private improvements interfere
with the free flow of vehicular or
pedestrian traffic within Oak Lane;
or
(3) The repair, maintenance or improve-
ment of Oak Lane by the city.
(Ord. No. 17-2019, § 2, 11-19-19)
DIVISION 2. OFFSTREET PARKING*
Sec. 110-491. Number of spaces required.
There shall be provided at the time of the
erection or change of use of any main building or
*Cross references —Requirements for landscape appear-
ance and maintenance, § 34-99; buildings and building
regulations, ch. 82.
structure or at the time any main building or
structure is enlarged or increased in capacity, by
adding dwelling units, guestrooms, floor area or
seats, minimum offstreet automobile parking
space with adequate provisions for ingress or
egress in accordance with the following:
(1) Auditoriums, theatres, and other places
of assembly excluding restaurants, bars,
and clubs and lodges which shall be
subject to section 110-498. One space for
each three seats or seating places or one
space for every 100 square feet of floor
area of the main assembly hall, whichever
is greater.
(2) Churches, temples or places of worship.
One space for each four seats or seating
places or one space for each 125 square
feet of floor area of the main assembly
hall, whichever is greater.
(3) Hospitals. Two spaces for each patient
bed plus one space for each employee on
the largest work shift.
(4) Libraries, museums. Offstreet parking
spaces equal in area to 50 percent of the
floor area open to the public.
(5) Manufacturing and industrial uses. One
space for each employee on the largest
work shift.
(6) Medical or dental clinics. Three spaces
for each examination or treatment room
plus one space for each employee.
(7) Mortuaries. One space for each five seats
or seating places, exclusive of areas needed
for ambulances.
(8) Nursing or convalescent homes and
sanitariums. One space for each four
patient beds plus one space for each
employee on the largest work shift.
(9) Commercial, office and professional build-
ings, excluding medical and dental clin-
ics. One space for each 300 square feet of
gross floor area.
(10) Public buildings. One space for each five
seats or seating places or one space for
every 150 square feet of floor area in the
main assembly room, whichever is greater.
Supp. No. 33 CD110:73
§ 110-491 CAPE CANAVERAL CODE
(11) Residential uses, including single-family,
two-family and multiple -family dwell-
ings and mobile homes. Two spaces for
each living unit.
(12) Colleges, technical and vocational schools.
One space for each student and faculty
member.
(13) Hotels and motels. One space for each
sleeping unit plus one space for 12 sleep-
ing units for employee parking.
(14) Assisted living facilities. One space for
each employee on the largest working
shift plus two spaces for every three
units.
(15) All other uses. To be determined by the
city manager or designee, who shall use
the ratios established in this section as a
standard for determining the require-
ments.
(Code 1981, § 641.01(A); Ord. No. 17-2010, § 2,
11-16-10; Ord. No. 06-2020, § 2, 12-15-20; Ord.
No. 12-2023, § 2, 12-19-23)
Sec. 110-492. Location of spaces.
(a) Parking spaces for all residential uses
shall be located on the same property as the
main building, except that one-half the total
number of required spaces for multiple -family
dwellings, townhouses and mobile homes may be
located in a common parking facility not more
than 200 feet distant from the nearest boundary
of the main building site.
(b) Parking spaces for uses other than
residential shall be provided on the same lot or
off -site on an adjacent or different property not
more than 500 feet distance measured from the
nearest point of public entrance to the building
to the nearest point of the off -site parking area.
The availability of off -site parking shall be marked
with directional signage. A convenient pedestrian
connection shall be provided between the proper-
ties.
(c) Parking requirements for two or more uses
of the same or different types may be satisfied by
the allocation of the required number of spaces
for each use in a common parking facility.
(d) Required offstreet parking areas for seven
or more automobiles shall have individual spaces
marked and shall be so designed, maintained
and regulated that no parking or maneuvering
shall be on any landscaped buffer, public street,
walk or alley and so that any automobile may be
parked and unparked without moving another,
allowing, however, a driveway of not more than
24 feet total on any street or alley for ingress or
egress to the offstreet parking area.
(e) Parking spaces, access drives and aisles,
and dumpster areas are permitted within
setbacks.
(f) Temporary parking on unpaved areas may
be approved by the city manager or designee as
part of a permitted outdoor entertainment event
or city special event. Such approval shall apply
only to properly licensed, operable motor vehicles
for a specified limited duration.
(g) Whenever a property owner or owners
desire to propose a shared or off -site parking
arrangement on an adjacent or different property,
the property owner(s) shall submit a written
explanation to the community development direc-
tor explaining how the shared or off -site parking
arrangement will function in a safe and efficient
manner consistent with the requirements of the
City Code. If the community development direc-
tor and city engineer determine that the arrange-
ment will function sufficiently, the arrangement
may be approved by the city subject to the
property owner(s) submitting a written cross
access and parking easement to the community
development director for consideration and
approval by the city. If approved, the easement
shall be recorded in the Official Records of
Brevard County, Florida prior to the shared or
off -site parking arrangement becoming effective
and shall run with the land of the affected
properties. If any party to the easement
withdraws, the affected property owners shall be
required to satisfy the parking requirements
on -site in accordance with the provisions of the
City Code.
(Code 1981, § 641.01(B); Ord. No. 04-2011, § 2,
6-21-11; Ord. No. 06-2013, § 2, 6-18-13; Ord. No.
06-2020, § 2, 12-15-20)
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Supp. No. 33 CD110:74
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ZONING § 110-495
Sec. 110-493. Access.
(a) In order to promote the safety of the
motorist and the pedestrian and to minimize
traffic congestion and conflict by reducing the
magnitude of and the points of contact, the
following shall apply:
(1) A point of access (a driveway or other
opening for vehicles onto a public street)
shall not exceed 24 feet in width, except
as otherwise provided in this division.
(2) The maximum number of points of access
permitted onto any one street shall be as
follows:
Lot Width Abutting
Street
Less than 125 feet
Over 125 feet
Number of
Points of
Access
1
2
provided; however, that a residential lot
of less than 125 feet may have a circle
driveway with two points of access
provided that it comply with the other
terms and conditions of this section.
(3) Joint use access between abutting proper-
ties is encouraged and there may be
permitted a single joint use point of
access up to 35 feet in width. Service
stations shall be permitted two openings
not to exceed 35 feet each in width along
any abutting public street, provided that
such property abuts such street for a
distance of not less than 120 feet.
(4) There shall be a minimum distance of 30
feet between any two openings onto the
same street.
(5) No point of access shall be allowed within
30 feet of the intersection of the right-of-
way lines of any public street.
(6) No curbs shall be cut or altered and no
point of access or opening for vehicles
onto a public street shall be established
without a permit issued by the building
department.
(7) In lieu of any two openings permitted on
any one street, there may be permitted a
single point of access up to 35 feet in
width when the property frontage is in
excess of 200 feet.
(b) Projects for which a site plan is required,
such as plaza developments, compound uses and
shopping centers, shall be considered on an
individual basis and may deviate from this sec-
tion in the interest of traffic safety, upon recom-
mendation by the planning and zoning board.
(c) One -family, two-family and three-family
dwelling units shall be exempt from this section.
(Code 1981, § 641.01(C); Ord. No. 3-96, § 1,
3-5-96; Ord. No. 26-96, § 1, 1-14-97)
Sec. 110-494. Dimensions.
(a) Offstreet parking spaces shall consist of a
minimum paved area of 162 square feet for
parking an automobile, exclusive of access drives
or aisles thereto. The minimum width of each
space shall be nine feet and minimum length
shall be 18 feet.
(b) Compact parking spaces. In parking areas
for seven or more automobiles, up to 30 percent
of the total required parking spaces may be
compact. The minimum width of each space
shall be eight feet and minimum length shall be
16 feet. All compact spaces shall be prominently
marked, posted and oriented to discourage use
by non -compact vehicles.
(Ord. No. 04-2017, § 2, 4-18-17; Ord. No. 06-2020,
§ 2, 12-15-20)
Sec. 110-495. Alternative sustainable
green parking lots.
(a) The city manager or designee may approve
alternative parking requirements and plans for
commercial, industrial, multi -family, and mixed -
use developments in lieu of the standard parking
requirements set forth in the City Code as an
incentive to encourage the construction of sustain-
able green parking lots. Alternative parking
requirements and plans may be approved upon a
finding that the alternative parking require-
ments and plans will not only provide adequate
parking for the affected land uses on the subject
property, but will also result in a more
environmentally green and sustainable parking
Supp. No. 33 CD110:74.1
§ 110-495 CAPE CANAVERAL CODE
lot by demonstrating consistency with the intent
and purpose of this section and compliance with
a significant combination of the following fac-
tors:
(i) The inclusion of facilities for alternative
modes of transportation and vehicles such
as bicycles, motorcycles and compact
vehicles;
(ii) The incorporation of long term shared
parking facilities and arrangements with
affected on -site land uses with varying
parking demands or adjacent properties
that reduce the number of required park-
ing spaces. Shared parking facilities and
off -site parking arrangements with
adjacent or different properties shall be
subject to the requirements set forth in
section 110-492 of the City Code;
(iii) The aesthetic and environmentally
friendly integration of the parking facil-
ity into the surrounding built and natural
environment;
(iv) Management of water as a resource by
promoting infiltration and natural water
retention systems;
(v) Minimizing the heat island effect through
effective and generous shading, reduced
parking spaces and alternative pave-
ment materials;
(vi) Conservation of energy usage by encourag-
ing the placement of sustainable energy
infrastructure such as solar lighting and
low energy usage infrastructure;
(vii) Eliminating excess lighting that can waste
energy, cause light trespass, and dimin-
ish dark sky vistas;
(viii) Creation of focal points that add com-
munity character;
(ix) Providing a suitable growing environ-
ment for generous planting and tree root-
ing areas by implementing safe and
healthy planting practices including, but
not limited to, planting native high grade
plant species, improving soil conditions,
incorporating watering and natural
moisture delivery and drainage systems
to sustain plantings, incorporating biore-
tention areas, and planting plant materi-
als in groups and large swaths to minimize
maintenance and weeding costs.
(b) This section shall be liberally construed to
implement sustainable green parking facilities
within the City of Cape Canaveral in lieu of
traditional, less environmentally friendly park-
ing standards. The design, construction and
maintenance of sustainable green parking lot
facilities shall be governed by commonly accept-
able industry standards for such facilities. The
city manager or designee is hereby authorized to
approve such standards to be utilized by the city
in considering development permit applications
in furtherance of this section.
(Ord. No. 06-2020, § 2, 12-15-20)
Sec. 110-496. Administrative parking
reductions.
(a) Where two or more adjacent nonresidential
uses have distinct and differing peak parking
usage periods, the city manager or designee may
approve a reduction in the required number of
parking spaces provided said reduction is
adequately supported by the findings of a park-
ing generation study prepared by a duly quali-
fied traffic engineer, or based on competent
substantial evidence of parking ratios adopted
and successfully applied by one or more Florida
counties or other municipalities for the specific
use. The maximum reduction may be up to the
number of parking spaces required for the least
intensive use.
(b) Parking areas with more than 20 spaces
may substitute up to five standard parking
spaces or five percent of required automobile
parking with motorcycle spaces. The minimum
width of each space shall be four feet and
minimum length shall be eight feet.
(c) The city manager or designee may grant a
parking reduction for residential and mixed use
developments to allow the reduction of at least
five parking spaces, with the total reduction not
to exceed 15 percent of the required parking. The
city manager or designee may grant a parking
reduction exceeding 15 percent for those uses
that comply with the requirements of
•
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Supp. No. 33 CD110:74.2
•
•
•
ZONING § 110-496
subparagraph (b). Parking reductions are
approved based on the operating characteristics
of a specific use. No person shall change a use of
land that is subject to a parking reduction except
in compliance with the provisions of this section.
(d) The city manager or designee may
determine the minimum parking requirements
for a use which is not specifically referenced in
section 110-491 or for which an applicant has
provided evidence that a specific use is of such a
unique nature that the applicable minimum
parking ratio listed should not be applied. The
determination must be adequately supported by
the findings of a parking generation study
prepared by a duly qualified traffic engineer, or
be based on competent substantial evidence of
parking ratios adopted and successfully applied
by one or more Florida counties or municipalities
for the specific use.
(e) All off-street parking shall meet the follow-
ing standards:
(i) The use of pervious all-weather hard
surface is encouraged and can reduce the
minimum parking spaces required by
this section by a maximum of ten percent,
provided ten percent or more of the
required parking spaces utilize a pervi-
ous hard surface approved by the city
engineer as an industry acceptable park-
ing standard. In no instance shall this
reduction be combined with any other
allowable reduction that results in more
than a ten percent total reduction of the
minimum required parking spaces. The
installation of a pervious all-weather
surface shall be installed according to
manufacturer's installation guidelines and
good engineering practices as approved
by the city engineer. In any case where a
pervious pavement incentive authorized
in this section is utilized, it shall result
in additional on -site, storage capacity
beyond that which would otherwise be
required.
Example: Minimum required number of
spaces = 100
Spaces paved with pervious surface = 10
(10% of required)
Reduced total number of required spaces
= 90 (10 of which are pervious)
(ii) Parking spaces provided in excess of 110
percent of the minimum required by this
section shall utilize a pervious hard
surface or an alternative parking surface
material provided the spaces comply with
the requirements identified herein and
such surface is approved by the city
engineer as an industry acceptable park-
ing standard.
(iii) Alternative parking surface materials.
(1) Gravel parking surfaces may be
utilized only if all of the following
criteria are met (items a—h):
a. The parking area is used for
any of the following:
i. The number of parking
spaces required is eight
or less; or
ii. The use generates less
than 40 average annual
daily trips (AADT) per
day; or
iii. The parking space(s) are
designated for employee
parking only.
b. Gravel is to be washed stone
size #57 (three -fourths -inch or
larger).
c. Gravel parking spaces requires
the installation of an appropri-
ate sub -grade and drainage
plans approved by the engineer-
ing services manager.
d. Gravel parking lots shall be
designed and constructed such
that siltation resulting from
stormwater run-off does not
enter adjacent properties or
public rights -of -way. The lots
must be designed so as to
prevent loose aggregate or other
materials from leaving the lot.
e. A concrete apron, constructed
as per city standards, shall be
installed from the edge of the
Supp. No. 33 CD110:74.3
§ 110-496 CAPE CANAVERAL CODE
pavement to the property line
for all entrances and exits to
the parking area.
f. All drive aisles shall be
concrete, asphalt, or a pervi-
ous all-weather hard surface,
as per city standards.
The area surrounding the
gravel lot shall have a
minimum of a six inch band of
concrete or asphalt, a curb, or
an elevated landscaped area so
as to contain the gravel in the
parking lot.
h. Any required handicapped
parking space shall be paved.
(2) Pervious parking surfaces, includ-
ing gravel, turf or other similar
surface may be permitted with the
written approval of the city manager
or designee upon favorable recom-
mendation of the city engineer in
any of the following circumstances:
a. Uses with intermittent park-
ing such as churches and other
similar establishments. All
required handicapped parking
spaces shall be paved.
b. Parking spaces and vehicle
driving surfaces for parking
areas which are designed as
temporary parking, overflow or
storage lots, or generate less
than 40 average daily trips.
i. A temporary parking lot is any
property, located within any
zoning district which allows
parking lots, that provides
interim parking until
permanent parking for a use is
provided or the site can be
developed.
ii. Overflow parking for this sec-
tion shall mean an area of land
that is either a part of a
development site or not more
than 660 feet distant, as
measured along the nearest
pedestrian walkway, that
provides in excess of 110
percent of the minimum
number of parking spaces
required by this section.
iii. Storage lots are used to park
vehicles that are not moved on
a daily basis (e.g. car dealer-
ships, cruise parking, vehicle
rental companies, or similar
uses).
iv. Drive aisles may be required
to be paved with asphalt,
concrete, paver bricks or
another durable material
approved by the city engineer.
However, the subject lot shall meet
all drainage standards required by
this Code or other regulatory author-
ity. In addition, a scaled plan shall
be submitted clearly indicating the
property owner, entity responsible
for the vehicles parked on the
property, ingress/egress, parking
space layout, drive aisles, adjacent
uses, any landscaping/buffer require-
ments, and a maintenance plan
which includes provisions for trash
or debris removal, erosion control,
and landscape management. The
temporary, overflow, or storage lot
shall conform to the plan and this
section.
(3) Alternative impervious surfaces such
as compacted shell or other similar
surface may be permitted with the
approval of the city manager or
designee upon favorable recom-
mendation of the city engineer in
the following circumstances.
a. Parking spaces and vehicle
driving surfaces for parking
areas which are designed as
temporary or storage lots, or
employee only designated park-
ing areas. Employee only park-
ing areas must be clearly
identified by appropriate sig-
nage.
•
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.
Supp. No. 33 CD110:74.4
•
•
•
ZONING § 110-506
b. Alternative impervious surfaces
must provide stormwater
attenuation and treatment in
compliance with stormwater
permitting approvals by the
city and other regulatory agen-
cies.
(f) Maintenance of alternative parking surfaces.
(i) Off-street parking areas approved for
gravel surfaces shall be properly
maintained to prevent the growth of
grass and weeds, potholes and ruts,
uneven gravel surface and gravel spread-
ing outside of the designated parking lot
area.
(ii) Off-street parking spaces approved for
turf surfaces shall be maintained and the
turf kept in good condition and not allowed
to be overgrown or taken over by weeds.
In the event the frequency of parking or
the length of time parked vehicles use
turf surfaces causes the turf to be dam-
aged or destroyed to the extent the grass
ceases to grow, the city may require the
turf to be replaced with durable pervious
material such as turf grid, gravel, porous
asphalt, pervious concrete, or open joint
pavers.
(iii) Evidence of a violation of this subsection
includes, but is not limited to:
a. The settlement or alteration of the
alternative parking surface such that
drainage patterns are redirected onto
off -site properties rather than the
intended stormwater management
facilities.
b. The absence or failed condition of
the approved alternative parking
surface.
c. Introduction of sediment, material
or debris from the alternative park-
ing surface onto city rights -of -way,
easements or neighboring proper-
ties.
(iv) Without limiting any other remedies the
city may legally have to remedy a
maintenance violation under this subsec-
tion, the city may also require the area to
be paved or require the installation of
pervious hard surfaces such as pervious
concrete, porous asphalt, or open joint
pavers to remedy any violation of this
subsection. If paving is deemed neces-
sary by the city, the property owner will
be required to demonstrate compliance
with all drainage standards required by
this Code or other regulatory agency.
(Ord. No. 06-2020, § 2, 12-15-20)
Sec. 110-497. Bicycle parking.
Bicycle parking shall be located in a highly -
visible, active, well -lighted area near a building's
principal entrance and shall not interfere with
pedestrian movements.
(Ord. No. 06-2020, § 2, 12-15-20)
Sec. 110-498. Restaurants and bars; clubs
and lodges—Offstreet park-
ing.
There shall be no minimum number of off-
street automobile parking spaces required for
restaurants, bars and clubs and lodges. However,
any offstreet parking spaces, access drives and
aisles proposed for a restaurant, bar and club
and lodge shall be subject to the site plan
approval process and other applicable provisions
of the City Code.
(Ord. No. 12-2023, § 2, 12-19-23)
Secs. 110-499-110-505. Reserved.
DIVISION 3. OFFSTREET LOADING
Sec. 110-506. Requirements.
(a) Every permitted use requiring the receipt
or distribution by vehicles of materials or
merchandise and having a floor area of 10,000
square feet or more shall have at least one
permanently maintained offstreet loading space
for each 10,000 square feet or fraction thereof of
gross floor area.
(b) Single -occupancy retail operations,
wholesale operations and industrial operations
with a gross floor area of less than 10,000 square
Supp. No. 33 CD110:74.5
§ 110-506 CAPE CANAVERAL CODE
feet shall provide sufficient receiving space on
the property so as not to hinder the movement of
vehicles and pedestrians over a sidewalk, street
or alley.
(Code 1981, § 641.03(A))
Sec. 110-507. Location and dimensions of
space.
Each offstreet loading space shall have direct
access to an alley or street and shall have the
following minimum dimensions:
(1) Length, 45 feet.
(2) Width, 12 feet,.
(3) Height, 14 feet.
(Code 1981, § 641.03(B))
Secs. 110-508-110-520. Reserved.
DIVISION 4. HOME BASED BUSINESSES*
Sec. 110-521. Permitted home based busi-
nesses.
(a) Home based businesses shall be permitted
from a residential property provided such busi-
nesses comply with the requirements set forth in
F.S. § 559.955 and other applicable federal and
state law. Such businesses shall also comply
with any applicable provision of the City Code
not otherwise preempted by law.
(b) Pursuant to F.S. § 559.955(d), the activi-
ties of the home -based business are required to
be secondary to the property's use as a residential
dwelling. For purposes of this section, "second-
ary" means a use that is incidental and
subordinate to the primary use and area of the
property serving as a residential dwelling and
does not alter the principal residential use of the
property.
(c) This section does not supersede or repeal:
(1) Any current or future declaration or
declaration of condominium adopted
pursuant to F.S. ch. 718, cooperative
*Editor's note —Ord. No. 36-2021, § 2, adopted Nov. 16,
2021, amended the title of Div. 4 to read as herein set out.
Formerly, said division was titled "Home Occupations."
Cross reference —Local business tax, § 70-66 et seq.
document adopted pursuant to F.S. ch.
719, or declaration or declaration of
covenant adopted pursuant to F.S. ch.
720.
(2) Any provision of the City Code related to
transient public lodging establishments,
as defined in F.S. § 509.013(4)(a)1., that
are not otherwise preempted under
chapter 509, Florida Statutes including,
but not limited to sections 110-486 and
110-487 regulating vacation rentals.
(Code 1981, § 641.07; Ord. No. 36-2021, § 2,
11-16-21)
Sec. 110-522. Reserved.
Editor's note —Ord. No. 36-2021, § 2, adopted Nov. 16,
2021, repealed § 110-522, which pertained to requirements
and derived from Code 1981, § 641.09.
Sec. 110-523. Reserved.
Editor's note —Ord. No. 36-2021, § 2, adopted Nov. 16,
2021, repealed § 110-523, which pertained to local business
tax receipt required and derived from Code 1981, § 641.11;
Ord. No. 02-2007, § 9, adopted Feb. 20, 2007.
Secs. 110-524-110-535. Reserved.
DIVISION 5. SETBACKS
Sec. 110-536. Building setback lines.
(a) The following shall be the minimum build-
ing setback lines along the listed roads:
(1) Highway A1A (portions known as North
Atlantic Avenue and Astronaut
Boulevard). Setback, each side, from the
northern city boundary to the southern
city boundary shall be 50 feet from the
highway right-of-way.
(2) North Atlantic Avenue (that portion of
North Atlantic Avenue also known as
Palm Avenue and S.R. 401). Setback,
each side, from its intersection with
Monroe Avenue to the northern city
boundary shall be 50 feet from the right-
of-way.
(3) Ridgewood Avenue. Setback, each side,
from the southern city boundary to the
•
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•
Supp. No. 33 CD110:74.6
•
•
•
ZONING § 110-536
northern city boundary of Ridgewood
Avenue shall be 25 feet from the right-of-
way.
(b) On the Atlantic Ocean, the setback shall
comply with the coastal construction setback.
See section 82-81 et seq.
(c) In determining the setback requirements
for any building proposed to be erected, the
setback requirements in this section shall be
construed as a minimum setback, and if a greater
Supp. No. 33 CD110:74.7
•
•
•
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
98-31
98-45-98-47
98-60, 98-61
98-66
Added 98-67
09-2017 7-18-17 2 Added 110-470(a)(7)
2017-08(Res.) 7-18-17 2 App. B, Ch. 78, Art.
IV
2017-09(Res.) 7-18-17 2 App. B, Ch. 78, Art.
III
11-2017 8-15-17 2 110-1
110-334(a)
110-343(a)
110-354(a)
110-489
12-2017 8-15-17 2 110-609
2017-15(Res.) 8-15-17 2 App. B, Ch. 2, Art.
VI
App. B, Ch. 82
App. B, Ch. 98
App. B, Ch. 110
16-2017 1-16-18 2 82-56(a)
01-2018 2-20-18 2 110-296(6)
02-2018 4-17-18 2 2-63
3 Added 2-171(q)
03-2018 5-15-18 2 110-372
04-2018 6-19-18 2 110-1
110-489
110-587
110-609
07-2018 9-18-18 2 Added 70-1
05-2019 2-19-19 2 82-221
09-2019 5-21-19 2 110-28
2019-05(Res.) 5-21-19 2(Exh. A) App. B, Ch. 70
App. B, Ch. 82
App. B, Ch. 94
App. B, Ch. 98
App. B, Ch. 110
10-2019 6-18-19 2 2-234(b)
78-122
11-2019 6-18-19 2 2-246-2-298
3 14-53
30-35
34-43
34-95
34-182-34-184
50-4(fl(4)
54-25
78-195
78-413
82-14
82-56
82-382-82-385
92-14
94-62
102-38(a)
Supp. No. 33 CCT:29
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
15-2019 11-19-19 2 Added 110-380-110-394
17-2019 11-19-19 2 Added 110-490.2
19-2019 1-21-20 2 110-221, 110-222
20-2019 1-21-20 2 110-331, 110-332
110-340, 110-341
110-352
01-2020 2-18-20 2 110-1
110-352
110-459
02-2020 4-21-20 2 26-3
2020-01(Res.) 6-16-20 2 App. B, Ch. 22
App. B, Ch. 82
03-2020 10-20-20 2 2-57, 2-58
3 18-1
05-2020 11-17-20 2 Added 110-584.1
06-2020 12-15-20 2 110-491(15)
110-492
110-494
Added 110-495-110-497
08-2020 12-15-20 2 94-1
Added 94-6(ff)
94-78
3 94-100
09-2021 2-16-21 2 78-26
78-51
78-59
78-60
10-2021 3-16-21 2 110-486
12-2021 4-20-21 2 6-51
2021-09(Res.) 7-20-21 2 App. B, Ch. 110
27-2021 9-21-21 2 58-1
29-2021 8-17-21 2 46-1
46-26
Rpld 46-27
Rpld 46-30-46-33
30-2021 6-15-21 2 2-300
31-2021 6-15-21 2 62-1
Rpld 62-2
62-3
62-5-62-8
62-11
32-2021 8-17-21 2 2-260
2-262
35-2021 9-21-21 2 38-33
36-2021 11-16-21 2 Ch. 110, Art. IX,
Div. 4 (tit.)
110-521
Rpld 110-522, 110-523
3A 10-128
3B 94-4(11)
94-83
94-100
3C 110-1
Rpld 110-273(4)
Rpld 110-293(4)
Rpld 110-313(4)
•
•
•
Supp. No. 33 CCT:30
•
•
•
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
110-468(a)
Rpld 110-489(1)(1)
37-2021 10-19-21 2 54-1
43-2021 12-21-21 2 Added 74-56.6
74-57
02-2022 4-19-22 2 Added 26-6
03-2022 5-17-22 2 2-41
2-42
04-2022 8-16-22 2 Added 74-76-74-84
16-2022 7-19-22 2 App. B, Ch. 78, Art.
III
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
12-2023 12-19-23 2 110-1
110-491(1)
Added 110-498
17-2024 8-20-24 2 Added 82-149
18-2024 8-20-24 2 110-196
Supp. No. 33 CCT:31
•
•
•
A
ABANDONED PROPERTY
Additional remedies
Compliance with notice or order to remove;
removal by city upon noncompliance
Definitions
Disposition of property removed by city
Entry upon private property authorized
Liability of owner for towing, storage
expenses; collection of lien on private
property
Notice to abate
Contents
Insurance
Notification of owner following removal by
city
Contents of notice
Documentation filed with state
Notice by publication
Notice to owner
State, other official agencies, notice to
Penalty
Property abandoned or lost on public
property
Redemption prior to sale by city
Signs and hazardous signs
Special magistrate or code enforcement
board hearing procedures
Board determination
Conduct
Issuance, filing of board order
Setting date; notice
Storing, parking or leaving on private
property
Zoning; abandoned variance or special
exception
CODE INDEX
Section
34-179
34-184
34-176
34-186
34-177
34-188
34-182(b)
34-182(a)
34-185(c)
34-185(e)
34-185(d)
34-185(a)
34-185(b)
34-178
34-180
34-187
94-62
34-183
34-183(c)
34-183(b)
34-183(d)
34-183(a)
34-181
110-32
ACCESS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Stormwater drainage
Illicit discharge and connection
Suspension of MS4 access 78-407
ACCESSORY STRUCTURES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
ACCIDENTS
Vehicles for hire
Report of accidents 80-88
ACTIONS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS
ADULT ENTERTAINMENT ESTABLISH-
MENTS. See: SEXUALLY ORIENTED
BUSINESSES, ADULT ENTERTAIN-
MENT ESTABLISHMENTS
ADVERTISING
Loudspeakers, sound amplifiers, etc., use
for
Noises, enumeration of prohibited
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
AFFIRMATION. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
AGENCIES OF CITY. See: DEPARTMENTS
AND OTHER AGENCIES OF CITY
AGENDA
City council
AGREEMENTS. See: CONTRACTS AND
AGREEMENTS
AIRCRAFT
Litter dropping from aircraft
ALARM SYSTEMS
Appeals
Application for permit; emergency notifica-
tion; reporting changes in notifica-
tion
Audible sound systems
Automatic telephone direct dialing device;
digital alarm communicator system
Definitions
Disconnection
Failure to disconnect; unauthorized re-
connection
Fees charged; malfunction, false alarms
Fees schedule in general. See: FEES
(Appendix B)
Issuance, permit; posting
Operations
Penalty; enforcement
Permit (alarm) required; fee; renewal
Reconnection
Response to activation; owner response,
false alarm, corrective action
Section
34-153(3)
94-1 et seq.
2-60
34-35
30-33
30-28
30-38
30-37
30-26
30-32
30-34
30-31
30-29
30-39
30-35
30-27
30-36
30-30
ALCOHOLIC BEVERAGES
Adult entertainment
Establishments, operation of
Hours of operation 6-26
Nudity on premises where served,
consumed or stored 6-27
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Outdoor entertainment events
Permit; alcohol sales and consumption 10-62
Supp. No. 33
CDi:1
CAPE CANAVERAL CODE
Section
ALCOHOLIC BEVERAGES (Cont'd.)
Parks and recreation areas
Alcoholic beverages/tobacco products;
gambling 54-14
Penalty 6-1
Possession and consumption
Generally
Ocean beach 6-53
Parks and recreation areas 6-52
Penalties 6-54
Streets, alleys, sidewalks, and park-
ing areas 6-51
Motor Vehicles
Definitions 6-66
Exceptions 6-69
Open containers prohibited 6-68
Policy and intent 6-67
Vehicles for hire 80-87
ALLEYS. See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
10-46 et seq.
AMUSEMENTS AND AMUSEMENT
PLACES
Outdoor entertainment events
See: OUTDOOR ENTERTAINMENT
EVENTS
Sexually oriented businesses, adult
entertainment establishments
Slot machines or devices
10-86 et seq.
10-200 et seq.
ANIMALS AND FOWL
Animal control officer 14-27
Beaches
Animals prohibited on 14-28
Bees and beehives prohibited 14-3
Bird sanctuary
Designation of 14-2
County animal control ordinance
Adopted 14-26
Animal control officer 14-27
Parks and beaches
Animals prohibited on 14-28
Noises, enumeration of prohibited 34-153(5)
Outdoor entertainment events
Permit; turtle protection 10-68
Parks
Animals prohibited in 14-28
Domestic and other animals 54-13
Penalty 14-1
Sanctuary
Sanctuary, designation of 14-2
Sea turtles
Beach activities 14-58
Definitions 14-52
Enforcement and penalty 14-53
Exemptions 14-54
Existing development 14-56
New development 14-55
Publicly owned lighting 14-57
Purpose and scope 14-51
Section
ANNEXATIONS
Certain ordinances not affected by Code . 1-10(a)(13)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
ANNUAL BUDGET. See: BUDGET
APPROPRIATIONS
Certain ordinances not affected by Code . 1-10(a)(6)
ASSOCIATIONS
Persons; definitions and rules of construc-
tion extended and applied to
1-2
ATOMIC ENERGY USES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
ATTORNEY. See: CITY ATTORNEY
AUDIO ALARMS. See: ALARM SYSTEMS
AUTOMATED TELEPHONE ALARM
SYSTEMS. See: ALARM SYSTEMS
AUTOMOBILES. See: MOTOR VEHICLES
AND TRAFFIC
AWNINGS OR CANOPIES
Signs
Land development code regulations ...
See: LAND DEVELOPMENT CODE
94-1 et seq.
BEACHES
Alcoholic beverage possession on Ocean
beach 6-53
Animals prohibited on beaches 14-28
Dune parking prohibited 74-59
Parks and recreation
Commercial beach vendor franchises 54-5
Recreational fires, generally 50-5
Sea turtles generally 14-51 et seq.
See: ANIMALS AND FOWL
Sleeping and camping in public areas and
beaches 50-4
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
BEER. See: ALCOHOLIC BEVERAGES
BEES AND BEEHIVES. See: ANIMALS AND
FOWL
BIDS AND BIDDING
Bidders
City bidders list
2-218(2)
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Supp. No. 33 CDi:2
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•
•
BIDS AND BIDDING (Cont'd.)
Purchasing generally
See: PURCHASES AND PURCHAS-
ING
BILLBOARDS. See: SIGNS AND
BILLBOARDS
BIRDS. See: ANIMALS AND FOWL
BLIGHT
Property maintenance standards
See: PROPERTY MAINTENANCE
STANDARDS
BLOCKS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
Section
2-216 et seq.
34-91 et seq.
98-1 et seq.
BOARDS, COMMITTEES AND COMMIS-
SIONS
Board of adjustment
See: LAND DEVELOPMENT CODE
Business and cultral development board
See: BUSINESS AND CULTURAL
DEVELOPMENT BOARD
Code enforcement board
See: CODE ENFORCEMENT BOARD
Code of condduct
Community appearance review board
See: COMMUNITY APPEARANCE
REVIEW BOARD
Construction board of adjustments and
appeals
Building code. See: LAND DEVELOP-
MENT CODE
Criminal nuisance abatement board
See: CODE ENFORCEMENT
Culture and leisure services board
See: PARKS AND RECREATION
Definitions and rules of construction
Delegation of authority
Definitions and rules of construction
Joint authority
Definitions and rules of construction
Library
Library board
Planning and zoning board
See: LAND DEVELOPMENT CODE
Uniform procedures and requirements
Section
110-2
22-26 et seq.
2-256 et seq.
2-172
22-36 et seq.
82-32 et seq.
2-292 et seq.
54-26 et seq.
1-2
1-2
1-2
46-26
110-3
2-171
BOATS, DOCKS AND WATERWAYS
Exhaust of motorboats
Noises, enumeration of prohibited
Floodplain management
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning
See: LAND DEVELOPMENT CODE
Litter, throwing in river or other body of
water
Section
34-153(6)
90-26 et seq.
110-26 et seq.
34-36
BOATS, DOCKS AND WATERWAYS (Cont'd.)
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
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
BODIES POLITIC AND CORPORATE
Persons; definitions and rules of constru-
tion extended and applied to 1-2
BONDS, SURETY OR PEFORMANCE
Certain ordinances not affected by Code. 1-10(a)(2)
Franchise regulations generally. See:
FRANCHISES (Appendix A)
Purchasing regulations 2-218(9)
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
BOOKS
Library
Established 46-1
Library board 46-26
BOTTLED GAS
Public service tax 70-26 et seq.
34-36 See: TAXATION
Supp. No. 33 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 ... 98-1 et seq.
See: LAND DEVELOPMENT CODE
BRUSH. See: WEEDS AND DEAD VEGETA-
TION
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
Building permit required for roof
coatings 82-149
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 ... 98-1 et seq.
See: LAND DEVELOPMENT CODE
BURGLAR ALARMS. See: ALARM
SYSTEMS
BURNING
Solid waste 62-11(b)
BURYING/BURIAL
Solid waste 62-11(c)
Trash, rubble or other debris 34-41
BUSINESS AND CULTURAL DEVELOP-
MENT BOARD
Advisory capacity 22-34
Composition 22-28
Definitions 22-26
Established 22-27
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Supp. No. 33 CDi:4
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BUSINESS AND CULTURAL DEVELOP-
MENT BOARD (Cont'd.)
Indebtedness 22-35
Purpose and duties 22-33
BUSINESSES
Fertilizer land application .
Commercial and institutional applica-
tors 92-13
Land development code
Signs
Home based business signs 94-83
Zoning
A1A Economic Opportunity Overlay
District
Landscaping; required screening
for commercial parking facili-
ties 110-690
Signage; business park/area multi-
user sign 110-709
Local business tax 70-66 et seq.
See: TAXATION
Outdoor entertainment events
Local business tax receipt required 10-49
Parks and recreation
Commercial beach vendor franchises 54-5
Commercial recreational franchises 54-6
Sexually oriented businesses, adult
entertainment establishments
Local business tax receipts 10-128
Solicitors, peddlers and itinerant vendors 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Solid waste 62-1 et seq.
See: SOLID WASTE
CALLINGS
Local business tax 70-66 et seq.
See: TAXATION
CAMPING
Parks and recreation
Sleeping and camping 54-17
Sleeping and camping in public areas and
beaches 50-4
CANALS
Subdivisions
Land development code regulations ... 98-1 et seq.
See: LAND DEVELOPMENT CODE
CODE INDEX
CANVASSERS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
CAPE CANAVERAL. See: CITY
CAPITAL EXPANSION PLANS
Impact fee 2-237
CAPITAL EXPANSION TRUST FUND
Impact fees 2-236
CARS. See: MOTOR VEHICLES AND TRAF-
FIC
CAUSES
Effect of repeal of ordinances 1-9(b)
CEMETERIES
Parks and recreation areas 54-1 et seq.
See: PARKS AND RECREATION
CERTIFICATES OF OCCUPANCY
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Sewer impact fee requirements 78-125
CHARTER
Definitions and rules of construction 1-2
CITY
Abandoned property
Compliance with notice or order to
remove; removal by city upon
noncompliance 34-184
Disposition of property removed by city 34-186
Notification of owner following removal
by city 34-185
Redemption prior to sale by city 34-187
Corporate limits
Definitions and rules of construction 1-2
Definitions and rules of construction 1-2
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Solid waste
Authority of city to collect 62-3
Ownership by city 62-4
Street excavations
Authority of city 66-64
City's right to restore surface 66-69
Liability of city 66-62
CITY ATTORNEY
Council
Attendance at meetings 2-127
Duties 2-126
CITY CLERK
Duties 2-116
CITY COUNCIL
City attorney
Duties 2-126
City manager
Powers and duties 2-101(2)
Code of conduct 2-28
Compensation
Established for councilmembers other
than mayor 2-41
Mayor, established for 2-42
Definitions and rules of construction 1-2
Supp. No. 33 CDi:5
CAPE CANAVERAL CODE
Section Section
CITY COUNCIL (Cont'd.)
Election
Council vacancies —Resign -to -run law
and intervening city general elec-
tion
Eminent domain powers re economic
development
Mayor
Compensation established for
Meetings
Adjournment
Adoption of motion
Call to order; quorum; roll call
City attorney to attend
Consideration of matters before council
General discussion
Minutes
Ordinances and resolutions
Preparation prior to meeting
Parliamentary procedure
Preparation and notice of agenda
Presiding officer
Regular meetings
Sergeant at arms
Special and emergency meetings
Workshop meetings
Ordinances and resolutions
Preparation prior to meeting
Regular meetings
Special and emergency meetings
Subdivisions
Plats and lot splits
Final plat
Planning and zoning board and
city council review; general
criteria for approval
Uncontested elections
Workshop meetings
CITY MANAGER
Acting city manager
Civil emergencies
Persons authorized to declare
Criminal nuisance abatement board
See: CODE ENFORCEMENT
Powers and duties
CITY TREASURER
Fees schedule in general. See: FEES
(Appendix B)
CIVIL EMERGENCIES
Authority; governor's; president
Definitions
Duration and termination of emergency
Emergency powers and measures
Persons authorized to declare emergency
Sale of goods, services, or materials at
unconscionable prices
Violations and penalties
CLERK. See: CITY CLERK
2-26
2-26
2-70
2-42
2-69
2-67
2-64
2-127
2-66
2-68
2-65
2-59
2-61
2-60
2-62
2-56
2-63
2-57
2-58
2-102
18-2
2-292 et seq.
2-101
18-7
18-2
18-4
18-3
18-2
18-5
18-6
CLUBS
Persons; definitions and rules of construc-
tion extended and applied to 1-2
COASTAL CONSTRUCTION
Coastal construction code 82-88 et seq.
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
CODE ENFORCEMENT
Abandoned property
Special magistrate or code enforcement
board hearing procedures 34-183
Additional enforcement powers 2-255.2
Authorization to enter upon property 2-246
Buildings and building regulations
Citations; unlicensed contractors; failure
to obtain building permit 82-375 et seq.
Citations (code enforcement)
Applicable codes, ordinances; class viola-
tion 2-283
Citation powers; personal investiga-
tion; reasonable cause 2-285
Citation program, authorization of 2-282
Classes of violations, penalties 2-291
Form (citation) 2-288
Intent; purpose 2-280
Issuance procedure 2-287
Payment of penalty; court hearings 2-289
Training of code enforcement officers 2-284
Violation; penalties; general 2-286
Code enforcement board
Administrative fines; costs of repairs;
and filing of liens 2-252
Administrative rules 2-259
Appeal order 2-255.1
Code board proceedings
Duties, responsibilities and powers . 2-258
Code references to 2-249
Created 2-256
Membership 2-257
Service of notice for proceedings 2-253
Criminal nuisance abatement board
Appeal 2-298
Criminal nuisances established; viola-
tions 2-295
Enforcement procedures; notice; hear-
ing 2-296
Establishment; membership; meetings;
definitions 2-293
Penalties; fines; liens; recording 2-297
Powers 2-294
Purpose and intent 2-292
Code enforcement officers
Duties of, generally 2-250
Code lien satisfactions
Application for satisfaction, release, or
reduction, of code enforcement liens 2-260
Definitions 2-247
Enforcement procedures 2-254
•
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Supp. No. 33 CDi:6
•
•
CODE INDEX
Section
CODE ENFORCEMENT (Cont'd.)
Prosecution of violations with no criminal
penalty 2-251
Provisions are supplemental; conflicts with
state law 2-248
Scheduling and conduct of hearing 2-255
Special magistrate
Administrative fines; costs of repairs;
and filing of liens 2-252
Appeal order 2-255.1
Code references to 2-249
Powers 2-262
Proceedings; duties, responsibilities and
powers 2-263
Service of notice for proceedings 2-253
Special magistrates 2-261
CODE OF ORDINANCES*
Altering Code 1-13
Amendments to Code 1-11
Catchlines of sections 1-3
Certain ordinances not affected by Code 1-10
Chapters or sections, references to 1-5
Code does not affect prior offenses, rights,
etc. 1-8
Definitions and rules of construction 1-2
Effect of repeal of ordinances 1-9
General penalty; attorneys' fees and costs 1-15
History notes 1-4
How Code designated and cited 1-1
Provisions considered as continuation of
existing ordinances 1-7
References and editor's notes 1-6
Severability of parts of Code 1-14
Supplementation of Code 1-12
CODES
Boards, committees and commissions; code
of conduct 2-172
City council; code of conduct 2-28
City election code adopted 26-1
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)
*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
COMMUNICATION SERVICES (Cont'd.)
Public service tax
Generally 70-26 et seq.
See: TAXATION
COMMUNITY APPEARANCE REVIEW
BOARD
Board
Established
Membership
Proceedings of the board
Qualifications of members
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
22-37
22-37
22-39
22-37
22-41
22-45
22-46
22-44
22-40
22-47
22-43
22-42
22-36
COMMUNITY DEVELOPMENT
Business and cultural development board 22-26 et seq.
Community appearance review board 22-36 et seq.
Community redevelopment
Community redevelopment advisory
board 22-51
Redevelopment trust fund 22-50
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
COMPETITIVE BIDS
Purchasing
See: PURCHASES AND PURCHAS-
ING
COMPREHENSIVE PLAN
Local planning agency
Designation of agency, department, com-
mittee or person to prepare
comprehensive plan
CONCURRENCY MANAGEMENT SYSTEM
Fees schedule in general. See: FEES
(Appendix B)
Land development code regulations
See: LAND DEVELOPMENT CODE
Sanitary sewer system
See: SEWERS AND SEWAGE
DISPOSAL
CONNECTIONS
Sewer connections
See: SEWERS AND SEWAGE
DISPOSAL
CONSTRUCTION
Coastal construction code
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
2-216 et seq.
58-58
86-1 et seq.
78-26 et seq.
78-27 et seq.
82-88 et seq.
Supp. No. 33 CDi:7
CAPE CANAVERAL CODE
Section Section
CONSTRUCTION (Cont'd.)
Construction site stormwater runoff control
Definitions
Design requirements
Emergency exemption
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
90-200
90-204
90-207
90-206
90-203
90-205
90-201
90-202
62-11(g)
78-408
70-85
CONTRACTS AND AGREEMENTS
Certain ordinances not affected by Code . 1-10(a)
City attorney
Duties 2-126(6)
Code does not affect prior contracts
establishing or occurring 1-8
Franchise agreements 66-1
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 86-28
Purchasing 2-216 et seq.
See: PURCHASES AND PURCHAS-
ING
Right-of-way use agreements 66-1
Vested rights agreements 115-10
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...
1-2
14-26 et seq.
1-2
90-26 et seq.
2-289
50-3
COURTS (Cont'd.)
Kelo vs. City of New London court deci-
sion re economic development and
eminent domain 2-70
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
CULTURAL DEVELOPMENT. See: BUSI-
NESS AND CULTURAL DEVELOP-
MENT BOARD
CYCLONES
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
D
DANCING AND DANCEHALLS
Alcoholic beverage establishments
Nudity on premises
DEBRIS. See also: SOLID WASTE
Burial of debris
6-27
34-41
DEDICATIONS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Plats or subdivisions
Certain ordinances not affected by Code 1-10(a)(12)
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
•
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Supp. No. 33
CDi:8
•
•
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CODE INDEX
Section
DEVELOPMENT DISTRICTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
DEVELOPMENT. See: PLANNING AND
DEVELOPMENT
DISCHARGES
Sewers
See: SEWERS AND SEWAGE
DISPOSAL
DISCRIMINATION
Fair housing
Discriminatory practices
See: HOUSING
Gas franchise agreement. See:
FRANCHISES (Appendix A)
78-96 et seq.
36-21 et seq.
DISTRICTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
DRAINS AND DRAINAGE
Concurrency management
See: LAND DEVELOPMENT CODE
Floodplain management
See: LAND DEVELOPMENT CODE
Sanitary sewer system
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations
See: LAND DEVELOPMENT CODE
DRUNKS AND DRUNKENNESS
Alcoholic beverages
See: ALCOHOLIC BEVERAGES
86-1 et seq.
90-26 et seq.
78-26 et seq.
66-61 et seq.
98-1 et seq.
6-1 et seq.
DUNES
Parking prohibited 74-59
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
EARTHQUAKES
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
EASEMENTS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
ECONOMIC DEVELOPMENT
Eminent domain powers of council re ....
98-1 et seq.
ELECTIONS
Certain ordinances not affected by Code .
Council vacancies —Resign -to -run law and
intervening city general election....
Early voting exemption
Penalties for violations
Qualifying period
Generally
State election code adopted
Section
1-10(a)(16)
26-6
26-5
26-2
26-3
26-1
ELECTRICITY
Fees schedule in general. See: FEES
(Appendix B)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Public service tax 70-26 et seq.
See: TAXATION
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
EMERGENCIES
Civil emergencies
See: CIVIL EMERGENCIES
Construction site stormwater runoff control
Emergency exemption
Emergency pad -mounted generators
Zoning requirements
Fire protection services; emergency medi-
cal services
Floodplain management
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code
Signs; emergency response system
Outdoor entertainment events
Permit; emergency suspension or cancel-
lation of permitted outdoor
entertainment event
Purchase
Sanitary sewer system
Termination of service and emergency
Services
Alarm systems
See: ALARM SYSTEMS
Fees schedule in general. See: FEES
(Appendix B)
Street excavations
EMINENT DOMAIN
Re economic development
EMPLOYEES. See: OFFICERS AND
EMPLOYEES
ENCROACHMENT
Property maintenance standards
See: PROPERTY MAINTENANCE
STANDARDS
ENGINEER. See: CITY ENGINEER
18-1 et seq.
90-207
110-484
38-56
90-26 et seq.
94-77
10-77
2-221
78-58
30-26 et seq.
66-70
2-70
34-91 et seq.
Supp. No. 33 CDi:9
CAPE CANAVERAL
Section
ENGINEERS AND ENGINEERING
Street excavations
Engineering details
66-66
ENGINES
Discharge into open air of exhaust
Noises, enumeration of prohibited 34-153(6)
ENTERTAINMENT. See: AMUSEMENTS
AND AMUSEMENT PLACES
ENVIRONMENT
Abandoned property 34-176 et seq.
See: ABANDONED PROPERTY
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Lights 34-206 et seq.
See: LIGHTS AND LIGHTING
Litter 34-26 et seq.
See: LITTER
Noise 34-151 et seq.
See: NOISE
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Weeds and dead vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
EXCAVATIONS
Building sewers
Fees schedule in general. See: FEES
(Appendix B)
Sanitary sewer system
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
EXHAUST
Discharge into open air
Noises, enumeration of prohibited
EXPLOSIONS/EXPLOSIVES
Civil emergencies
See: CIVIL EMERGENCIES
Fireworks
See: FIREWORKS
78-83
78-26 et seq.
66-61 et seq.
F
FALSE ALARMS. See: ALARM SYSTEMS
FALSE STATEMENTS
Receipt application
FEDERAL GOVERNMENT
Federal utilities commission
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Interpret law
City attorney
Duties
Vehicles for hire
Application of provisions to vehicle,
operator regulator by federal
government
Section
70-73
2-126(3)
80-2
FEES
Alarm systems
Fees charged 30-31
Permit fees 30-27
Certain ordinances not affected by Code 1-10(a)(7)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Impact fees 2-231 et seq.
See: IMPACT FEES
Outdoor entertainment events
Permit; fees and deposits 10-73
Parks and recreation
Commercial beach vendor franchises
Franchise fee 54-5(c)
Promulgation of rules; city fees; preexist-
ing rules; conflicts with rules;
enforcement and penalties 54-24
Property
Registration and maintenance of proper-
ties in foreclosure
Registration fees 82-119
Sewer fees where owner has private water
supply 78-154
Sexually oriented businesses, adult
entertainment establishments license
Annual license fee 10-103
Application; fee 10-95
Solid waste
Schedule of fees 62-5
Street excavations permit fee 66-83
Vehicles for hire
Driver's permit fee 80-55
Fees to be in addition to other taxes and
charges 80-3
FENCES, WALLS, HEDGES AND
ENCLOSURES
Flood resistant development 90-102 et seq.
See: LAND DEVELOPMENT CODE
•
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•
Supp. No. 33 CDi:10
•
•
•
CODE INDEX
Section Section
FENCES, WALLS, HEDGES AND
ENCLOSURES (Cont'd.)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
FERTILIZER LAND APPLICATION
Appeals
Applicability
Application practices
Commercial and institutional applicators
Definitions
Enforcement and monitoring
Exemptions
Fertilizer content and application rates
Fertilizer free zone
Low maintenance zone
Management of grass clippings and vegeta-
tive matter
Responsibility for administration
Short title; purpose and objectives
Timing of fertilizer application
Training
FINANCES
Building sewers
Cost of installation
Certain ordinances not affected by Code
City reserves, reclassification of
Court costs for police education and train-
ing
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Fund balance/retained earnings reserves,
creation of
Fund balance policy
Annual review and determination of
Impact fees
See: IMPACT FEES
Personal property control
Public service tax
See: TAXATION
Purchasing
See: PURCHASES AND PURCHAS-
ING
Quarterly report of income and
expenditures
Sewer impact fees
Payment
Use of funds
Spending order of fund balances
Travel reimbursement policies and
procedures
FINES, FORFEITURES AND OTHER
PENALTIES
Certain ordinances not affected by Code .
92-15
92-3
92-9
92-13
92-2
92-14
92-11
92-8
92-6
92-7
92-10
92-4
92-1
92-5
92-12
78-78
1-10(a)(2)
2-209
50-3
2-208
2-210
2-212
2-231 et seq.
2-207
70-26 et seq.
2-216 et seq.
2-206
78-122
78-127
2-211
2-300
1-10(a)(1)
FINES, FORFEITURES AND OTHER
PENALTIES (Cont'd.)
Code does not affect prior penalties or
forfeitures incurred
Code enforcement
Criminal nuisance abatement board
Penalties; fines; liens; recording
Effect of repeal of ordinances on penalties
incurred
Franchise regulations in general. See:
FRANCHISES (Appendix A)
General penalty; attorneys' fees and costs
Penalties for specific acts, omissions, viola-
tions, etc. See specific subjects as
indexed
FIRE AND RESCUE IMPACT FEES
Fees schedule in general. See: FEES
(Appendix B)
FIRE DEPARTMENT. See: FIRE PREVEN-
TION
1-8
2-297
1-9(b)
1-15
FIRE LANES
Designation of 74-62
FIRE PREVENTION
Alarm systems generally 30-26 et seq.
See: ALARM SYSTEMS
Bottled gas
Use restrictions; permit required 38-5
Conformance 38-34
Doors to businesses or public halls 38-6
Fire chief
Duties 38-58
Fire department
Fire protection services; emergency
medical services 38-56
Volunteer fire department 38-57
Fire inspectors
Designated as city code inspectors 38-3
Life Safety Code re 38-29
Fire lanes, designation of 74-62
Fire prevention codes
Florida Fire Prevention Code
Adopted 38-26
Inspector 38-27
Land development code; zoning
Nonconformities
Intent; rules of interpretation;
building and fire codes; defini-
tions 110-191
Life Safety Code
Adopted 38-28
Fire inspector 38-29
Lockboxes required 38-32
Fire protection service charge 38-8
Fire protection services; emergency medi-
cal services 38-56
Fireworks generally 38-81 et seq.
See: FIREWORKS
Supp. No. 33 CDi:11
CAPE CANAVERAL CODE
Section Section
FIRE PREVENTION (Cont'd.)
Flammable materials and liquids
Storage and dispensing restrictions
Hazardous materials and substances
Abatement
Cleanup
Cost recovery
Definitions
Violations and penalties
Impact fees generally
See: IMPACT FEES
Inspector
Florida Fire Prevention Code
Life Safety Code. See herein: Fire Preven-
tion Codes
Lockboxes
Fire prevention code requirements
Required
Parks and recreation
Recreational fires in city parks
Private entry gates
Recreational fires, generally
Safety fees
Smoke detectors to have battery backup
Violations and penalties
Volunteer fire department
FIREWORKS
Application for permit; fees
Attending firefighters
Definitions
Insurance
Investigation of applicant; issuance or
denial of permit
Operators
Parks and recreation
Fireworks; destructive devices; weapons;
other potentially dangerous uses
Private use, storage, display prohibited;
public displays authorized by permit
only
Storage of materials
38-4
38-91
38-91
38-93
38-90
38-93
2-231 et seq.
38-27
38-32
38-32
54-16
38-33
50-5
38-2
38-7
38-1
38-57
38-83
38-88
38-81
38-86
38-84
38-85
54-11
38-82
38-87
FIRMS
Persons; definitions and rules of construc-
tion extended and applied to 1-2
FLOOD DAMAGE PREVENTION
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
Construction site stormwater runoff control 90-200 et seq.
See: CONSTRUCTION
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
FLOODLIGHTS
Spill -over lighting requirements 34-206 et seq.
See: LIGHTS AND LIGHTING
FLORIDA RAILROAD AND PUBLIC UTILI-
TIES COMMISSION
Franchise regulations in general. See:
FRANCHISES (Appendix A)
FLORIDA. See: STATE
FORFEITURE. See: FINES, FORFEITURES
AND OTHER PENALTIES
FOWL. See: ANIMALS AND FOWL
FRANCHISES (Appendix A)
(Citations herein refer to articles and
sections contained within Appendix
A Franchises)
Electric
Captions
Competitive disadvantage: termination
by grantee
Default by grantee
Default by grantor
Definition of "person"
Effective date
Facilities requirements
Franchise fee
Grant of electric utility franchise: term
of franchise
Grantor's right to audit
Grantor's rights of intervention
Headings: entire agreement; governing
law
Incorporation into code
Indemnification
Infrastructure hardening
Jurisdiction and venue
Legislative or regulatory action
Most favored nations
No joint venture
Noncompetition by grantor
Notices
Preferential or discriminatory practices
prohibited
Qualified severability
Rates, rules and regulations of grantee
Renewable energy
Repeal of prior inconsistent ordinance,
resolutions and agreements
Smart grid technology
Undergrounding of facilities
Gas franchise agreement
Books and records available to city
Definitions
Design and construction provisions
Effective date of franchise; term
Franchise fees
Franchise operation
Forfeiture or revocation
II-20
II-8
II-10
II-11
II-25
II-28
II-2
II-5
II-1
II-12
II-22
II-21
II-27
II-3
II-16
II-23
II-9
II-6
II-18
II-7
II-19
II-17
II-24
II-4
II-13
II-26
II-15
II-14
III-XIV
III -IV
III-XIII
III -VI
III -IX
III-VII
III-X
•
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Supp. No. 33 CDi:12
•
•
•
CODE INDEX
Section Section
FRANCHISES (Appendix A) (Cont'd.)
Grant of franchise
Indemnification and hold harmless
Liability and insurance
Miscellaneous provisions
Preferential or discriminatory practices
prohibited
Purpose and goals
Recitals
Service standards
Short title
Transfer of ownership or control
Solid waste franchise agreement
Administrative charges
Authorized representative's interpreta-
tion and decision
Books and records available to city,
quarterly report
Collection equipment and vehicles
Contractor's personnel
Contractor's representative
Definitions
Disruption in collection and disposal
services
Effective date/term
Forfeiture or termination
Grant of franchise
Indemnification and hold harmless
Interference with persons public and
private property and utilities
Level of service; customer complaints;
annual evaluation by city
Liability and insurance
Miscellaneous provisions
Other city permits
Performance bond alternatives
Preferential or discriminatory practices
prohibited
Public awareness campaign
Rates and charges compensation to
contractor
Recitals
Regulatory authority
Schedules and routes
Scope of work
Sovereign immunity
Storms; hurricanes; natural disasters;
calamities
Time of the essence
Title to refuse
Transfer of ownership or control
FRANCHISES (Generally)
Certain ordinances not affected by Code .
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Parks and recreation
Commercial beach vendor franchises ..
Commercial recreational franchises ...
III-V
III-XII
III -XI
III-XVII
III-XV
III -III
III -I
III-XVI
III -II
III-VIII
VI-25.0
VI-10.0
VI-19.0
VI-7.0
VI-8.0
VI-26.0
VI-2.0
VI-24.0
VI-23.0
VI-14.0
VI-3.0
VI-17.0
VI-18.0
VI-9.0
VI-16.0
VI-22.0
VI-11.0
VI-12.0
VI-20.0
VI-30.0
VI-5.0
VI-1.0
VI-15.0
VI-6.0
VI-4.0
VI-28.0
VI-21.0
VI-27.0
VI-29.0
VI-13.0
1-10(a)(4)
54-5
54-6
FRANCHISES (Generally) (Cont'd.)
Streets, sidewalks and other public ways
Franchise agreements
FRAUD
Solicitors, peddlers and itinerant merchants
F.S. (Florida Statutes)
Definitions and rules of construction
FUEL GAS. See: GAS
Section
66-1
16-30
1-2
FUEL OIL
Public service tax 70-26 et seq.
See: TAXATION
G
GARAGE SALES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
GARBAGE AND TRASH. See: SOLID WASTE
GAS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Public service tax
See: TAXATION
GENDER
Definitions and rules of construction
GENERATORS
Emergency pad -mounted generators
Zoning requirements
GIFTS
Purchasing procedure
GLASS CONTAINERS
Parks and recreation
GOLF CARTS. See: MOTOR VEHICLES
AND TRAFFIC
70-26 et seq.
1-2
110-484
2-226(b)
54-22
GRADES AND GRADING
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Street grades
Certain ordinances not affected by Code 1-10(a)(10)
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
GUTTERS
Litter, sweeping into gutters prohibited..
34-31
Supp. No. 33 CDi:13
CAPE CANAVERAL CODE
Section Section
H
HANDBILLS
Litter regulations
See: LITTER
HARASSMENT
Solicitors and itinerant merchants
Harassment prohibited
HAZARDOUS MATERIALS AND
SUBSTANCES
Fire prevention regulations re
See: FIRE PREVENTION
Solid waste generally
See: SOLID WASTE
Specifically
34-51 et seq.
16-28
38-90 et seq.
62-1 et seq.
62-11(d)
HEALTH AND SANITATION
Abandoned property 34-181 et seq.
See: ABANDONED PROPERTY
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Solid waste 62-1 et seq.
See: SOLID WASTE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Weeds and dead vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
HEIGHT
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Outdoor entertainment events
Permit; temporary structures; integrity,
height, location 10-69
HOME OCCUPATIONS
Construction noise 34-154
Land development code
Signs
Home based business signs 94-83
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Sexually oriented businesses, adult
entertainment establishments
Local business tax receipts 10-128
HOOTING
Noises, enumeration of prohibited 34-153(4)
HORNS
Noises, enumeration of prohibited 34-153(1)
HOUSING
Fair housing
Additional remedies
36-6
HOUSING (Cont'd.)
Administrator authority and
responsibilities
Complaints
Declaration of policy
Definitions
Discriminatory practices
Exemptions and exceptions
Unlawful housing practices
Education and public information
Penalty
Processing complaints
Untruthful complaints or testimony
Floodplain management
See: LAND DEVELOPMENT CODE
Land development code 110-196 et seq.
See: LAND DEVELOPMENT CODE
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public service tax
Generally 70-26 et seq.
See: TAXATION
Registration and maintenance of proper-
ties in foreclosure 82-116 et seq.
See: PROPERTY
HURRICANES
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
36-3
36-4
36-1
36-2
36-22
36-21
36-7
36-9
36-5
36-8
90-26 et seq.
I
IMPACT FEES
Capital expansion plans 2-237
Capital expansion trust funds
Collection; deposit 2-236(b)
Established 2-236(a)
Use 2-236(c)
Certain ordinances not affected by Code 1-10(a)(18)
Exemptions 2-232
Fees schedule in general. See: FEES
(Appendix B)
Land development code
Concurrency management system
Transportation facility proportion-
ate fair -share mitigation
program
Impact fee credit for proportion-
ate fair -share mitigation86-27
Levy and purpose 2-231
Partial waiver authorized 2-235
Payment 2-234
Sanitary sewer impact fees 78-121 et seq.
See: UTILITIES
Schedules 2-233
Sewers 78-121 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
•
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•
Supp. No. 33
CDi:14
•
•
•
CODE INDEX
Section Section
IMPRISONMENT. See: PRISONS AND
PRISONERS
IMPROVEMENTS. See: PUBLIC WORKS
AND IMPROVEMENTS
INDECENCY AND OBSCENITY
Sexually oriented businesses, adult
entertainment establishments 10-86 et seq.
Obscenity; indecent exposure unlawful 10-89
INDIVIDUALS
Persons; definitions and rules of construc-
tion extended and applied to 1-2
INSPECTIONS
Building inspection service 82-21
Building sewers
Notice for 78-79
Construction site stormwater runoff control
Enforcement, inspections and penalties 90-206
Inspection 90-205
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code
Zoning
Vacation rentals 110-486
Inspections 110-486(f)
Property
Registration and maintenance of proper-
ties in foreclosure
Mortgagee inspection requirements . 82-120
Reinspection fees
Fees schedule in general. See: FEES
(Appendix B)
Signs
Land development code regulations ... 94-1 et seq.
See: LAND DEVELOPMENT CODE
Street excavations 66-63
Streets, sidewalks and other public ways
Excavations; permit
Inspections 66-85
Vehicles for hire, mechanical inspections 80-76(d)
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
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
CODE INDEX
INTOXICATING BEVERAGES. See:
ALCOHOLIC BEVERAGES
ITINERANT MERCHANTS. See: PED-
DLERS, CANVASSERS AND SOLICI-
TORS
J
JOINT AUTHORITY
Definitions and rules of construction
1-2
L
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
Building code, Florida
Adopted 82-31
Appeals 82-33
Establishment of construction board
of adjustment and appeals 82-32
Procedures of the board 82-34
Building department 82-3
Employee qualifications 82-4
Citations; unlicensed contractors; failure
to obtain building permit
Administrative hearings; accrual of
penalties 82-383
Citation form 82-378
Construction contracting violations,
citation authorized for 82-377
Correction of violation; payment of
penalty; notice of hearing 82-382
Supp. No. 33 CDi:15
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
Findings 82-376
Intent; purpose 82-375
Notices 82-386
Penalty 82-379
Refusal to sign citation 82-380
Special magistrate or code enforce-
ment board
Decisions, appeals of 82-384
Orders, recording 82-385
Stop work 82-381
Coastal construction code
Structural requirements for major
structures 82-88
Design conditions 82-89
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Existing building inspections 82-20
General 82-8
Hazardous occupancies 82-17
Inspection service 82-21
Liability 82-7
Local amendments to Florida Building
Code, Building 82-147 et seq.
See: BUILDINGS
Local business tax receipt required for
contractors 82-2
Numbering of buildings and property
Administration 82-368
Assignment of numbers 82-369
Numbering multiple -family structures 82-370
Posting and specifications of numbers 82-371
Purpose 82-366
System established; incorporation of
map 82-367
Permit intent 82-14
Permitting and inspection 82-13
Proof of competency 82-1
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
LAND DEVELOPMENT CODE (Cont'd.)
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)
Criteria for evaluation of levels of service
of public facilities
Building permits of insignificant
impact 86-6(1)
Drainage facilities 86-6(7)
Parks and open space 86-6(6)
Potable water facilities 86-6(4)
Sanitary sewer facilities 86-6(3)
Solid waste facilities 86-6(5)
Transportation facilities 86-6(2)
Cumulative level -of -service records86-10
Decision making in concurrency evalu-
ation, responsibility for 86-4
Definitions 86-2
Duration concurrency compliance
certification after issuance of
development permit
Commercial, industrial or multifam-
ily developments 86-8(4)
•
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Supp. No. 33 CDi:16
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Individual single-family develop-
ment 86-8(3)
Residential subdivision or phase or
unit thereof, including planned
unit development 86-8(2)
Site development plan approval 86-8(1)
Expiration of concurrency compliance
certification 86-9
Operating systems, procedure and task
Concurrency monitoring 86-11(b)
Measuring potential impacts 86-11(c)
Overall concurrency management 86-11(a)
Purpose and intent 86-1
Transportation facility proportionate
fair -share mitigation program
Applicability 86-22
Application process 86-25
Appropriation of fair -share revenues 86-29
Cross jurisdictional impacts 86-30
Determining proportionate fair -share
obligation 86-26
General requirements 86-23
Impact fee credit for proportionate
fair -share mitigation 86-27
Intergovernmental coordination 86-24
Proportionate fair -share agreements 86-28
Purpose and intent 86-21
Vested rights 86-13
Conservation
Water conservation 90-176
Construction
Coastal construction code 82-88 et seq.
See herein: Buildings and Building
Regulations
Stormwater management
Construction methods and materials 90-180
Subdivisions 98-66 et seq.
See herein: Subdivisions
Control elevation
Stormwater management 90-181
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
LAND DEVELOPMENT CODE (Cont'd.)
Configuration of shoreline of
Stormwater management
Development
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Section
90-174
90-162
86-1 et seq.
Districts
Zoning districts. See herein: Zoning
Drainage
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Stormwater management
Compatibility with adjacent systems 90-171
Subdivision improvements 98-91
Easements
Subdivision design standards 98-108
Electronic signs 94-78
Elevation, floodproofing and siting
Subdivision improvements 98-88
Enforcement 94-105
Final acceptance of work
Subdivisions 98-94
Floodplain management 90-26 et seq.
See herein: Floods
Floods
Floodplain management
Administration
Applicability
Abrogation and greater restric-
tions 90-37
Areas to which this article
applies 90-33
Basis for establishing flood
hazard areas 90-34
General 90-32
Interpretation 90-38
Other laws 90-36
Submission of additional data
to establish flood hazard
areas 90-35
Coordination with the Florida
Building Code 90-29
Disclaimer of liability 90-31
Duties and powers of the
Floodplain Administrator
Applications and permits 90-41
Designation 90-39
Floodplain management records 90-47
General 90-40
Inspections 90-45
Modifications of the strict
application of the require-
ments of the Florida Build-
ing Code 90-43
Notices and orders 90-44
Supp. No. 33 CDi:17
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Other duties of the floodplain
administrator 90-46
Substantial improvement and
substantial damage
determinations 90-42
Inspections
Buildings, structures and facili-
ties exempt from the
Florida Building Code 90-62
Final inspection 90-64
Lowest floor inspection 90-63
Development other than build-
ings and structures 90-61
General 90-60
Manufactured homes 90-65
Intent 90-28
Permits
Application for a permit or
approval 90-51
Buildings, structures and facili-
ties exempt from the
Florida Building Code 90-50
Expiration 90-53
Floodplain development permits
or approvals 90-49
Other permits required 90-55
Permits required 90-48
Suspension or revocation 90-54
Validity of permit or approval 90-52
Scope 90-27
Site plans and construction docu-
ments
Additional analyses and
certifications 90-58
Information for development in
flood hazard areas 90-56
Information in flood hazard
areas without base flood
elevations (approximate
Zone A) 90-59
Submission of additional data
Title 90-26
Variances and appeals
Appeals 90-67
Conditions for issuance of vari-
ances 90-73
Considerations for issuance of
variances 90-72
Functionally dependent uses 90-71
General 90-66
Historic buildings 90-70
Limitations on authority to
grant variances 90-68
Restrictions in floodways 90-69
Violations
Authority 90-75
Provisions re 90-74
Unlawful continuance 90-76
Warning 90-30
LAND DEVELOPMENT CODE (Cont'd.)
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
90-58 Nonstructural fill in coastal high
hazard areas (Zone V)
90-56 Other development in coastal
high hazard areas (Zone
V)
Retaining walls, sidewalks and
driveways in regulated
floodways
Roads and watercourse cross-
ings in regulated flood-
ways
Recreational vehicles and park
trailers
Permanent placement
Temporary placement
Site improvements, utilities and
limitations
Limitations on
Placement of fill
Sites in coastal high hazard
areas (zone v)
Sites in regulatory flood-
ways
Minimum requirements
Sanitary sewage facilities
Water supply facilities
Section
90-77
90-79
90-78
90-90
90-91
90-92
90-89
90-88
90-93
90-106
90-107
90-103
90-102
90-110
90-109
90-108
90-104
90-105
90-97
90-96
90-86
90-87
90-85
90-82
90-83
90-84
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Supp. No. 33 CDi:18
•
•
•
CODE INDEX
LAND DEVELOPMENT CODE (Cont'd.)
Subdivisions
Minimum requirements 90-80
Subdivision plats 90-81
Tanks
Above -ground tanks
Elevated 90-100
Not elevated 90-101
Tank inlets and vents 90-98
Underground tanks
Maintenance
Stormwater management 90-191 et seq.
See within this subheading: Storm -
water Management
Performance standards
Stormwater management 90-146 et seq.
See within this subheading: Storm -
water Management
Permits
Stormwater management 90-131 et seq.
See within this subheading: Storm -
water Management
Stormwater management
Definitions 90-116
Design standards
Accommodation of stormwaters
onsite and offsite 90-167
Alteration of natural surface
waters 90-173
Banks of detention and retention
areas 90-172
Best management practices 90-163
Certification 90-169
Compatibility with adjacent drain-
age system 90-171
Compliance with county or city
stormwater management
master plan 90-164
Configuration of shoreline of deten-
tion and retention areas 90-174
Configurations creating stagnant
water conditions 90-166
Conformance to standards 90-161
Construction methods and materi-
als 90-180
Control elevation 90-181
Detention and retention system 90-162
Directing runoff 90-165
Discharge volumes, notification of 90-179
Native vegetation buffers 90-177
Natural surface waters used as
sediment traps 90-175
Phased developments 90-178
Proper functioning 90-168
Surface water channeled into
sanitary sewers 90-170
Water reuse and conservation 90-176
Enforcement and penalties 90-120
Maintenance
Applicant as acceptable entity 90-192(c)
LAND DEVELOPMENT CODE (Cont'd.)
Dedications 90-191
Failure to maintain 90-194
Inspection 90-195
Maintenance by approved entity
Acceptable responsible entity90-192(a)
Phased projects 90-192(b)
Plan for operation and
maintenance program 90-193
Performance standards
Computation 90-146
Rainfall intensity 90-147
Water quality requirements 90-149
Water quantity requirements 90-148
Permit
Application
Information required 90-134
Plan required 90-133
Exemptions 90-132
Required 90-131
Previous approvals, standards of 90-119
Purpose and intent 90-117
Relationship to other stormwater
management requirements 90-118
Variances 90-121
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 94-6(b)
Inspections
Signs
By administrator 94-36
Generally 94-37
Stormwater management 90-195
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:
Zoning
Signs 94-99
Supp. No. 33 CDi:19
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
Maintenance
Stormwater management 90-191 et seq.
See herein: Floods
Master plans
Stormwater management, compliance
with city or county master plan 90-164
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 102-42
Natural cover
Open space
Concurrency management
Generally 86-1 et seq
See herein: Concurrency Manage-
ment
Parks and recreation areas
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Performance standards
Stormwater management 90-146 et seq.
See herein: Floods
Permanent markers
Subdivision improvements 98-87
Permit numbers
Signs, display of 94-64(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
LAND DEVELOPMENT CODE (Cont'd.)
Plats
Subdivision plats 98-31 et seq.
See herein: Subdivisions
Portable signs 94-6(d)
Potable water systems
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Subdivision design standards 98-112
Prohibited uses
Wetlands protection 106-30
Projecting signs 94-79
Property maintenance code 82-221 et seq.
See herein: Buildings and Building
Regulations
Public facilities
Concurrency management
Criteria for evaluation of levels of
service of 86-6
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Public sites and open spaces
Subdivision design standards 98-109
R-1 Low Density Residential District. See
also herein: Zoning
Signs 94-96
R-2 Medium Density Residential District
See also herein: Zoning
Signs 94-97
R-3 Medium Density Residential District
See also herein: Zoning
Signs 94-98
Rainfall intensity
Stormwater management 90-147
Records
Concurrency management
Cumulative level -of -service records . 86-10
Remedies
Subdivisions 98-6
Reuse
Water reuse 90-176
Revegetation
Tree protection 102-43
Rights -of -way
Signs on 94-6(c)
Roadways
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Sanitary sewer system
Generally 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Subdivision design standards 98-113
Sediment traps
Natural surface waters used as 90-175
•
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Supp. No. 33 CDi:20
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Setbacks
Signs 94-64(e)
Severability 94-120
Sewers
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Subdivision improvements 98-90
Shopping centers or multi -tenant centers
Signs
Shopping center or multi -tenant
center in any district; public/
recreation buildings 94-100
Signs
Abandoned signs 94-62(a)
Administrator 94-3
Inspection by 94-36
Aesthetic requirements of signs 94-65
Awnings and canopies 94-82
C-1 Low Density Commercial District,
C-2 Commercial. Manufacturing
District and M-1 Light Industrial
and Research and Development
District 94-99
Conformance to provisions 94-7
Definitions 94-1
Electronic signs 94-78
Emergency response system 94-77
Enforcement 94-105
Exemptions 94-4
Feather signs 94-86
Fees
Inspections and permits 94-35
Ground signs 94-84
Hazardous signs 94-62(b)
Home based business signs 94-83
Identification 94-8
Implied consent 94-110
Inspection
By administrator 94-36
Fees 94-35
Notice for 94-37
Lighting 94-63
Maintenance, notice to repair 94-10
Measurement and placement, criteria
and standards for
Area 94-64(a)
Combinations of signs 94-64(b)
Corner lots 94-64(c)
Display of permit number 94-64(d)
Ground signs 94-64(f)
Height, setback and location measure-
ments 94-64(e)
Size limits 94-64(g)
Nonconforming signs
Exceptions and appeals 94-122
Generally
Incentives 94-121(g)
LAND DEVELOPMENT CODE (Cont'd.)
Pole signs —Termination by
amortization 94-121(d)
Repair and maintenance 94-121(f)
Signs of a temporary nature —
Amortization 94-121(e)
Termination by abandonment 94-121(a)
Termination by damage or destruc-
tion 94-121(b)
Termination by redevelopment 94-121(c)
Off -premises signs
Generally 94-80
Temporary off -premises signs 94-81
Penalty for violation 94-5
Permits
Application for; review time limits 94-32
Fees 94-35
Issuance of 94-33
Required 94-31
Revocation of 94-34
Placement
Restrictions on 94-61
Prohibited signs and features
Air -inflated devices 94-6(j)
Animated signs 94-6(t)
Balloon display 94-6(r)
Certain motor vehicles, signs on 94-6(x)
Composition 94-6(q)
Dilapidated signs 94-6(z)
Discontinued signs 94-6(s)
Electronic signs 94-6(ff)
Emissions 94-6(p)
Feather signs 94-6(gg)
Fences or gates, signs placed on 94-6(bb)
Flags and pennants that area not
governmental in origin 94-6(o)
Ground signs 94-6(i)
Hazardous signs 94-6(w)
Marquee signs 94-6(k)
Miscellaneous 94-6(ee)
Obscene signs 94-6(v)
Obstruction of free ingress or egress;
standpipes/fire escapes 94-6(b)
Off -premises signs 94-6(f)
Parked motor vehicles, certain signs
on 94-6(y)
Pole signs 94-6(aa)
Portable signs 94-6(d)
Projecting signs 94-6(m)
Public utility poles and trees, signs
on 94-6(a)
Rights -of -way, merchandise display
on 94-6(e)
Rights -of -way, signs on 94-6(c)
Roof signs 94-6(1)
Snipe signs 94-6(u)
Temporary signs 94-6(dd)
Temporary signs 94-6(n)
Wall mural 94-6(g)
Window lighting 94-6(cc)
Supp. No. 33
CDi:21
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Window signs 94-6(h)
Projecting signs 94-79
Purpose and scope 94-2
R-1 Low Density Residential District. 94-96
R-2 Medium Density Residential District 94-97
R-3 Medium Density Residential District 94-98
Severability 94-120
Shopping center or multi -tenant center
in any district; public/recreation
buildings 94-100
Temporary off -premises signs 94-81
Temporary on -premises signs 94-76
Traffic hazard, signs constituting 94-62(c)
Variances 94-85
Viewpoint neutral 94-115
Wind pressure and dead load 94-9
Site plan
Wetlands protection development requir-
ing 106-28
Size limits
Signs 94-64(g)
Solid waste
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Stagnant water conditions
Configurations 90-166
Stormwater management
Generally 90-116 et seq.
See herein: Floods
Streets
Subdivisions
Design standards 98-114, 98-115
Improvements 98-92
Names 98-119
Subdivisions
Appeals and arbitrations 98-5
Certificate of completion 98-83
City
Review of preliminary plan 98-45
Construction
Certificate of completion
Issuance of 98-83
Inspection 98-80
Notification 98-62
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
LAND DEVELOPMENT CODE (Cont'd.)
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
Planning and zoning board
Final plat
Planning and zoning board and
city council review; general
criteria for approval 98-61
Powers of 98-3
Preliminary plats, review 98-46
Plats and lot splits
Division of land; review and approval
required; zoning 98-31
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
Lot line adjustments 98-67
Lot splits 98-66
Preapplications
Review procedures 98-36
Preliminary plat
City review 98-45
General criteria for approval 98-47
•
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•
Supp. No. 33 CDi:22
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Information required 98-41
Planning and zoning board
procedures 98-46
Time limit 98-48
Purpose 98-2
Remedies 98-6
Variance
Application 98-4(b)
Conditions 98-4(e)
Hardship 98-4(a)
Prerequisites to granting 98-4(d)
Public hearing; notice 98-4(c)
Wetlands protection requiring subdivi-
sion plat 106-28
Surface and storm drainage
Subdivision design standards 98-111
Surface water
Channeled into sanitary sewer 90-170
Temporary storage units 82-400
Traffic
Concurrency management
Generally 86-1 et seq.
See herein: Concurrency Manage-
ment
Signs constituting traffic hazards 94-62(c)
Tree protection
Land clearing
Definitions 102-36
Development and construction
Tree protection during; periodic
inspection 102-46
Enforcement and penalties 102-38
Exemption for tree removal activi-
ties authorized and preempted
by state or federal law 102-40.5
Implementing division
Rules and regulations and fees 102-51
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
Title; applicability; intent and
purpose; tree bank 102-37
Tree protection area signage
(Appendix A)
Tree replacement guidelines 102-43
Tree replacement standards 102-54
Voluntary tree planting 102-47
Waivers; incentive program;
administrative interpretation
appeals; incentive program 102-48
LAND DEVELOPMENT CODE (Cont'd.)
Undesirable species, list of 102-45
Unsafe building abatement code 82-56 et seq.
See herein: Buildings and Building
Regulations
Variances
Generally 94-85
Stormwater management 90-121
Subdivisions 98-4
Variances, special exceptions, rezon-
ings, administrative appeals 10-26 et seq.
See herein: Zoning
Vegetation
Tree protection 102-26 et seq.
See herein: Tree Protection
Vegetation buffers
Stormwater management
Native vegetation buffers 90-177
Vehicles
Certain motor vehicles, signs on 94-6(x)
Parked motor vehicles, certain signs
on 94-6(y)
Vested rights
Concurrency management 86-13
Viewpoint neutral 94-115
Water supply
Subdivision improvements 98-89
Wetlands protection
Definitions 106-26
Development requiring site plan or
subdivision plat 106-28
Mitigation 106-31
Permitted uses 106-29
Prohibited uses 106-30
Purpose and intent 106-27
Wind pressure and dead load
Signs 94-9
Zoning
A1A Economic Opportunity Overlay
District
Administration
General 110-605
Intent 110-604
Nonconforming uses, structures
and buildings 110-608
Plan submittals 110-607
Procedures for design compat-
ibility approvals 110-606
Property containing both com-
mercial and residential
zoning district designations. 110-611
Similar and compatible uses 110-610
Use matrix 110-609
Applicability 110-587
Architectural guidelines
Articulation 110-643
Awnings and canopies 110-654
Building continuity 110-644
Color 110-653
Entry treatment 110-648
Supp. No. 33 CDi:23
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Exterior surface materials 110-650
Ground floor lighting 110-655
Intent 110-641
Proportion 110-646
Rhythm 110-647
Roof lines 110-649
Scale 110-645
Similar and compatible design 110-642
Storefronts 110-652
Utilities and stormwater manage-
ment area screening 110-656
Windows and transparency 110-651
Boundary and organization 110-586
Definitions 110-592
Design principles 110-591
Goals 110-589
Introduction 110-585
Landscaping
Building landscaping 110-688
Commercial site plan review 110-684
Intent 110-683
Project perimeter 110-687
Required screening for commercial
parking facilities 110-690
Screening between commercial or
industrial zoning districts or
uses and residential districts
or uses 110-686
Surface parking lots 110-689
Water efficient landscaping 110-685
Objectives
Parking
Dimensions 110-671
Intent 110-668
Parking structures 110-670
Surface parking 110-669
Purpose 110-588
Signage
All signs 110-702
Awning signs 110-703
Business park/area multi-user sign 110-709
Hanging signs 110-707
Intent 110-701
Pedestrian signs 110-704
Projecting signs 110-705
Wall signs 110-706
Window signs 110-708
Site planning
Building frontage 110-626
Building height 110-624
Building orientation 110-623
Building setbacks and building
zones 110-625
Intent 110-621
LEED or LEED equivalent design 110-622
Lot coverage 110-628
On -site circulation 110-629
Project size 110-627
Utility and service areas 110-630
LAND DEVELOPMENT CODE (Cont'd.)
Access
C-1 Low Density Commercial District 110-339
Dimensions 110-494
Generally 110-472
Offstreet parking 110-493
R-1 Low Density Residential District 110-278
R-2 Medium Density Residential
District 110-298
R-3 Medium Density Residential
District 110-318
Accessories
Swimming pools 110-583
Accessory uses and structures
C-1 Low Density Commercial District 110-333
C-2 Commercial/Manufacturing
District 110-342
Generally 110-468
M-1 Light Industrial and Research
and Development District 110-353
R-1 Low Density Residential District 110-273
R-2 Medium Density Residential
District 110-293
R-3 Medium Density Residential
District 110-313
Residential planned unit develop-
ments 110-439
Administrative review
Appeal notice, hearing 110-29(b)
Authority 110-29(a)
Stay of proceedings 110-29(c)
Alcoholic beverages
Special exceptions for establish-
ments serving 110-171
Temporary alcoholic beverage permits 110-172
Appeals
Special exceptions. See herein: Vari-
ances, Special Exceptions,
Rezonings, Administrative
Appeals
Annexations
Zoning classification of 110-256
Antenna
Residential use/Satellite dishes 110-478
Wireless communications 110-483
Area
C-1 Low Density Commercial District 110-336
Dimension or area reduction below
minimum 110-254
M-1 Light Industrial and Research
and Development District 110-356
R-1 Low Density Residential District 110-276
R-3 Medium Density Residential
District 110-316
Residential planned unit develop-
ments
Minimum lot area 110-439
Reuse of area used for density calcula-
tion 110-253
Townhouses 110-372
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Supp. No. 33 CDi:24
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Atomic energy uses 110-480
Bicycle parking
Offstreet parking 110-497
Board of adjustment 110-2
See also herein: Variances, Special
Exceptions, Administrative
Appeals
Boats and boat trailers
Living aboard 110-552
Location of 110-551
Bonding
Residential planned unit develop-
ments 110-407
Boundaries
Reconsideration of district boundary
changes 110-139
Rules for interpretation of district
boundaries 110-248
Breeze requirements
R-3 Medium Density Residential
District, minimum breeze
requirement 110-319
Building official
Duties of 110-88
Building permits
Residential planned unit develop-
ments 110-406
Townhouses 110-378
Buildings
Continuance of nonconforming
structures 110-193
Lot and street requirements for 110-255
Nonconforming uses of structures or
of structures and premises in
combination, change of use... 110-195
Required for commercial uses 110-481
Setback lines 110-536
Structures approved by special excep-
tions 110-161
C-1 Low Density Commercial District
Accessory uses and structures 110-333
Area and dimensions 110-336
Assisted living facilities 110-488
Intent; applicability 110-331
Landscaping, screening and parking 110-338
Minimum setbacks 110-337
Offstreet parking and access 110-339
Principal uses and structures 110-332
Prohibited uses and structures 110-335
Special exceptions permissible by
board of adjustment 110-334
C-2 Commercial/Manufacturing District
Accessory uses and structures 110-342
Area and dimensions 110-345
Intent; applicability 110-340
Landscaping, screening and parking 110-347
Minimum setbacks 110-346
Parking and loading 110-349
Performance standards 110-348
LAND DEVELOPMENT CODE (Cont'd.)
Principal uses and structures 110-341
Prohibited uses and structures 110-344
Special exceptions permissible by the
board of adjustment 110-343
Camping equipment
Location of 110-551
Camping equipment, boats and boat
trailers, location of 110-551
Car wash 110-461
Certificate of occupancy
Hotels and motels 110-122
Required 110-121
Commercial districts
C-1 Low Density Commercial District 110-331 et seq.
See within subheading: C-1 Low
Density Commercial District
C-2 Commercial/Manufacturing
District 110-340 et seq.
See within this subheading: C-2
Commercial/Manufacturing
District
Landscaping and screening between
commercial or industrial zoning
districts and residential zoning
districts 110-566
Commercial uses
Buildings required for 110-481
Common recreation and open space
Residential planned unit develop-
ments, minimum 110-404, 110-
438
Complaints of violations 110-90
Conflicts with other ordinances 110-86
Conformity to plans, specifications,
intendment uses and applications 110-91
Construction
Swimming pools 110-581
Courts, minimum width of 110-473
Dedication
Public easement 110-477
Public land 110-476
Definitions 110-1
Density
C-1 Low Density Commercial District 110-331 et seq.
See within subheading: C-1 Low
Density Commercial District
R-1 Low Residential District 110-271 et seq.
See within subheading: R-1 Low
Residential District
R-2 Medium Density Residential
District 110-291 et seq.
See within subheading: R-2
Medium Density Residential
District
R-3 Medium Density Residential
District 110-311 et seq.
See within subheading: R-3
Medium Density Residential
District
Supp. No. 33 CDi:25
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Residential planned unit develop-
ments
Maximum density 110-437
Reuse of area used for density calcula-
tion 110-253
Development districts
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and
Research and Development
District
Development plans
Residential planned unit develop-
ments 110-421 et seq.
See within this subheading:
Residential Planned Unit
Developments
Development schedule
Townhouses 110-379
Development standards
Residential planned unit develop-
ments 110-444
Dimensions
C-1 Low Density Commercial District 110-336
M-1 Light Industrial and Research
and Development District 110-356
Offstreet loading 110-507
R-1 Low Density Residential District 110-276
R-2 Medium Density Residential
District 110-296
R-3 Medium Density Residential
District 110-316
Townhouses 110-372
Districts
Annexations, zoning classification of 110-256
Application of district requirements 110-249
Conformity 110-250
Conservation (CON)
Accessory uses and structures 110-390
Area and dimensional standards 110-392
Intent 110-388
Minimum setbacks 110-393
Oak Lane 110-490.2
Off-street parking and access 110-394
Principle uses and structures 110-389
Prohibited uses and structures 110-391
Self-service storage facilities 110-459
Design standards 110-459(a)
Operational requirements 110-459(b)
Dimension or areas reduction below
minimum 110-254
Duplicate use of setbacks, open space,
parking space 110-252
Lot and street requirements for
structures 110-255
Official zoning map
Adopted 110-246
Replacement 110-247
LAND DEVELOPMENT CODE (Cont'd.)
Public recreation (PUB/REC)
Accessory uses and structures 110-382
Area and dimensions 110-385
Intent 110-380
Minimum setbacks 110-386
Off-street parking and access 110-387
Principal uses and structures 110-381
Prohibited uses and structures 110-384
Special exceptions permissible by
the board of adjustment 110-383
Reconsideration of district boundary
changes 110-139
Regulations for specific districts. See
within specific districts as
indexed
Reuse of area used for density calcula-
tions 110-253
Rules for interpretation of district
boundaries 110-248
Structure, height, maximum use, lot
area, setbacks 110-251
Unusual uses or uses not specifically
permitted 110-257
Donation bins prohibited 110-490
Drainage systems
Residential planned unit develop-
ments 110-404
Dune crossovers
R-3 Medium Density Residential
District 110-320
Easements
Dedicated public easements 110-477
Emergency pad -mounted generators 110-484
Encroachments
Setbacks 110-328
Fences, walls and hedges 110-470
Floor area
Residential planned unit develop-
ments, minimum 110-441
Frontage
Residential planned unit develop-
ments 110-439
Garage sales 110-467
Generators
Emergency pad -mounted generators 110-484
Height
District 110-251
Exceptions to regulations 110-471
Home based businesses
Permitted home based businesses 110-521
Hotels and motels
Certificate of occupancy 110-122
Individually platted lots
Townhouses 110-377
Industrial districts
Landscaping and screening between
commercial or industrial zoning
districts and residential zoning
districts 110-566
•
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•
Supp. No. 33 CDi:26
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and
Research and Development
District
Intersections
Visibility at 110-469
Interpretation of provisions 110-87
Land
Continuance of nonconforming uses
of 110-194
Landscaping and vegetation
A1A Economic Opportunity Overlay
District 110-683 et seq.
See within this subheading:
Landscaping
C-1 Low Density Commercial District 110-338
C-2 Commercial/Manufacturing
District 110-347
Interior landscaping for offstreet park-
ing areas 110-567
Landscaping and screening between
commercial or industrial zoning
districts and residential zoning
districts 110-566
M-1 Light Industrial and Research
and Development District 110-358
Length of structures
Residential planned unit develop-
ments, maximum 110-440
Light industrial districts
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and
Research and Development
District
Liquefied petroleum gas 110-485
Loading
M-1 Light Industrial and Research
and Development District 110-360
Location
Offstreet loading 110-507
Recreational vehicles, camping equip-
ment, boats and boat trailers 110-551
Spaces
Offstreet parking 110-492
Swimming pools 110-581
Lots
Area
District 110-251
Residential planned unit develop-
ments 110-439
Erection of more than one principal
structure on 110-537
Offstreet parking
Alternative sustainable green park-
ing lots 110-495
LAND DEVELOPMENT CODE (Cont'd.)
Requirements for structures
Low density commercial district
C-1 Low Density Commercial District
See within subheading: C-1 Low
Density Commercial District
Low density residential district
R-1 Low Residential District
See within subheading: R-1 Low
Density Residential District
M-1 Light Industrial and Research and
Development District
Accessory uses and structures
Area and dimensions
Intent; applicability
Landscaping, screening and parking
Minimum setbacks
Parking and loading
Performance standards
Principal uses and structures
Prohibited uses and structures
Special exceptions permissible by
board of adjustment
Maximum use
District
Medium density residential district
R-2 Medium Density Residential
District
See within subheading: R-2
Medium Density Residential
District
R-3 Medium Density Residential
District
See within subheading: R-3
Medium Density Residential
District
Mobile food dispensing vehicles and
other mobile vendors
Mobile food dispensing vehicles
Mobile home parks
Nonconforming uses
Nonconformities
Abandonment
Continuance of nonconforming
structures
Continuance of nonconforming uses
of land
Intent; rules of interpretation; build-
ing and fire codes; definitions .
Mobile home parks and single-family
mobile home districts
Nonconforming lots of record
Single-family dwellings and
duplexes
Nonconforming uses of structures or
of structures and premises in
combination; change of use
Repairs and maintenance
Special permit
Temporary uses
110-255
110-331 et seq.
110-271 et seq.
110-353
110-356
110-351
110-358
110-357
110-360
110-359
110-352
110-355
110-354
110-251
110-291 et seq.
110-311 et seq.
110-584.1
110-192
110-197
110-193
110-194
110-191
110-192
110-196
110-195
110-198
110-200
110-199
Supp. No. 33 CDi:27
CAPE CANAVERAL CODE
Section
LAND DEVELOPMENT CODE (Cont'd.)
Number of spaces
Offstreet parking 110-491
Oak Lane 110-490.2
Official zoning map
Adopted 110-246
Replacement 110-247
Offstreet loading
Location and dimensions of space 110-507
Requirements spaces 110-506
Offstreet parking
Access 110-493
Administrative parking reductions 110-496
Alternative sustainable green park-
ing lots 110-495
Bicycle parking 110-497
C-1 Low Density Commercial District 110-339
Dimensions 110-494
Interior landscaping for offstreet park-
ing areas 110-567
Location spaces 110-492
Number of spaces required 110-491
R-1 Low Density Residential District 110-278
R-2 Medium Density Residential
District 110-298
R-3 Medium Density Residential
District 110-318
Residential planned unit develop-
ments 110-442
Restaurants and bars; clubs and
lodges 110-498
Townhouses 110-374
Open space
Duplicate use of 110-252
Outside storage 110-457
Pain management clinic regulations 110-489
Parking
A1A Economic Opportunity Overlay
District 110-668 et seq.
See within this subheading: Park-
ing
C-1 Low Density Commercial District 110-338
C-2 Commercial/Manufacturing
District 110-347, 110-
349
Certain vehicles 110-554
M-1 Light Industrial and Research
and Development District 110-358, 110-
360
R-3 Medium Density Residential
District
Protection of public beach -end
parking 110-321
Parking space
Duplicate use of 110-252
Paving of vehicular use area 110-555
Penalties for violations 110-89
Performance standards
Application of 110-456
LAND DEVELOPMENT CODE (Cont'd.)
M-1 Light Industrial and Research
and Development District 110-359
Permissible uses and structures
R-1 Low Density Residential District 110-272
R-3 Medium Density Residential
District 110-312
Permits
Application 110-107
Expiration 110-108
Required 110-106
Temporary alcoholic beverage permits 110-172
Permitted uses
Residential planned unit develop-
ments 110-403
Townhouses 110-371
Physical review
Residential planned unit develop-
ments 110-405
Planned developments
Building permit 110-725
Common open space, drainage
systems, and other related
common facilities 110-723
Definitions 110-720
Enforcement 110-727
Permitted uses 110-722
Physical review 110-724
Planned development plans
Application procedures 110-740
Concept plan 110-741
Land use plan 110-742
Site/construction plan 110-743
Purpose and intent 110-721
Revocation 110-726
Planning and zoning board 110-3
Preservation
Residential planned unit develop-
ments 110-445
Principal uses and structures
C-1 Low Density Commercial District 110-332
C-2 Commercial/Manufacturing
District 110-341
M-1 Light Industrial and Research
and Development District 110-352
R-2 Medium Density Residential
District 110-292
Private roads and other related common
facilities
Residential planned unit develop-
ments 110-404
Prohibited uses and structures
C-2 Commercial/Manufacturing
District 110-344
M-1 Light Industrial and Research
and Development District 110-355
R-1 Low Density Residential District 110-275
R-2 Medium Density Residential
District 110-295
•
•
•
Supp. No. 33 CDi:28
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
R-3 Medium Density Residential
District 110-315
Public land
Dedicated 110-476
R-1 Low Density Residential District
Accessory uses and structures 110-273
Area and dimensions 110-276
Intent 110-271
Minimum setbacks 110-277
Offstreet parking and access 110-278
Principal uses and structures 110-272
Prohibited uses and structures 110-275
Special exceptions permissible by
board of adjustment 110-274
R-2 Medium Density Residential District 110-296
Accessory uses and structures 110-293
Area and dimension 110-296
Intents 110-291
Minimum setbacks 110-297
Offstreet parking and access 110-298
Principal uses and structures 110-292
Prohibited uses and structures 110-295
Special exceptions permissible by
board of adjustment 110-294
R-3 Medium Density Residential District
Accessory uses and structures 110-313
Areas and dimensions 110-316
Assisted living facilities 110-488
Dune crossovers required 110-320
Intent 110-311
Minimum breeze requirement 110-319
Minimum setbacks 110-317
Offstreet parking and access 110-318
Principal uses and structures 110-312
Prohibited uses and structures 110-315
Protection of public beach -end park-
ing 110-321
Special exception permissible by board
of adjustment 110-314
Recreational vehicles
Location of 110-551
Regulations pertaining to specific
districts. See within specific
districts as indexed
Rental restrictions on dwelling units 110-487
Repairs and maintenance
Nonconformities 110-198
Research and development districts
M-1 Light Industrial and Research
and Development District 110-351 et seq.
See within this subheading: M-1
Light Industrial and
Research and Development
District
Residential districts
R-1 Low Density Residential District 110-271 et seq.
See within subheading: R-1 Low
Density Residential District
LAND DEVELOPMENT CODE (Cont'd.)
R-2 Medium Density Residential
District 110-291 et seq.
See within subheading: R-2
Medium Density Residential
District
R-3 Medium Density Residential
District 110-311 et seq.
See within subheading: R-3
Medium Density Residential
District
Residential planned unit developments
Bonding 110-407
Building permit 110-406
Common open space, drainage
systems, private roads and other
related common facilities 110-404
Development plans
Application 110-421
Procedure for approval of final
development plan 110-423
Procedure for receiving approval
of preliminary development
plan and tentative zoning 110-422
Enforcement 110-409
Land use regulations
Development standards 110-444
Maximum density 110-437
Maximum length of structures 110-440
Minimum common recreation and
open space 110-438
Minimum floor area 110-441
Minimum lot area; frontage;
setbacks; accessory uses 110-439
Minimum size 110-436
Offstreet parking 110-442
Preservation of trees 110-445
Underground utilities 110-443
Permitted uses 110-403
Physical review 110-405
Purpose and intent 110-402
Termination zone 110-408
Residential use antennas 110-478
Restaurants and bars; clubs and lodges
Offstreet parking 110-498
Rezoning. See herein: Variances, Special
Exceptions, Rezonings, Administra-
tive Appeals
Satellite dishes 110-478
Schedule of fees, charges and expenses 110-92
Screening
C-1 Low Density Commercial District 110-338
C-2 Commercial/Manufacturing
District 110-347
Commercial or industrial districts 110-566
M-1 Light Industrial and Research
and Development District 110-358
Self-service storage facilities 110-459
Setbacks
Building setback lines 110-536
Supp. No. 33 CDi:29
CAPE CANAVERAL CODE
LAND DEVELOPMENT CODE (Cont'd.)
C-1 Low Density Commercial District,
minimum setbacks 110-337
C-2 Commercial/Manufacturing
District 110-346
District 110-251
Duplicate use of 110-252
Encroachments 110-538
Erection of more than one principal
structure on lot 110-537
M-1 Light Industrial and Research
and Development District 110-357
R-1 Low Density Residential District,
minimum setbacks 110-277
R-2 Medium Density Residential
District 110-297
R-3 Medium Density Residential
District, minimum setbacks 110-317
Residential planned unit develop-
ments 110-439
Swimming pools, minimum 110-584
Townhouses, minimum setbacks 110-373
Sewage disposal 110-479
Shopping centers and retail stores using
outside display 110-458
Sidewalks
Required 110-475
Signs 94-64(a)
Single-family mobile home districts
Nonconformities 110-192
Single-family residential second kitchen
facility 110-462
Site plans
Expiration 110-224
Requirements and review criteria 110-222
Review procedures 110-223
Submittal and review required 110-221
Special exceptions
Alcoholic beverages
Establishment serving alcoholic
beverages 110-171
Temporary alcoholic beverage
permits 110-172
Structures and uses approved by
special exception 110-161
Variances, special exceptions, rezon-
ings, administrative appeals.
See herein that subject
Special exceptions permissible by board
of adjustment
C-1 Low Density Commercial District 110-334
M-1 Light Industrial and Research
and Development District 110-354
R-1 Low Density Residential District 110-274
R-2 Medium Density Residential
District 110-294
R-3 Medium Density Residential
District 110-314
Storing
Certain vehicles 110-354
LAND DEVELOPMENT CODE (Cont'd.)
Streets
Requirements for structures 110-255
Structures. See within subheading:
Buildings
Swimming pools
Accessories 110-583
Barriers 110-582
Construction and location 110-581
Minimum setbacks 110-584
Temporary uses
Nonconformities 110-199
Termination zone
110-277 Residential planned unit develop-
ments 110-408
Towers
Wireless communications 110-483
Townhouses
Area and dimensions 110-372
Building permit 110-378
Development schedule 110-379
Individually platted lots 110-377
Minimum setbacks 110-373
Offstreet parking 110-374
Permitted use 110-371
Utilities 110-375
Underground utilities
Residential planned unit develop-
ments 110-443
Required 110-482
Unusual uses or uses not specifically
permitted 110-257
Uses
Approved by special exceptions 110-161
Utilities
Townhouses 110-375
Underground, required 110-482
Vacation rentals 110-486
Authority, scope and purpose 110-486(a)
Commercial use of property;
entertainment venue prohibited 110-486(i)
Compliance with codes; enforcement;
penalties 110-486(j)
Definitions 110-486(b)
Duties of vacation rental owner to be
available 110-486(g)
Independently renting rooms
prohibited 110-486(h)
Inspections 110-486(f)
Maximum overnight occupancy 110-486(d)
Posting of safety and information
notice 110-486(e)
Registration 110-486(c)
Vacation resort campus 110-490.1
Variances, special exceptions, rezon-
ings, administrative appeals;
procedures
Abandonment 110-32
Administrative appeals 110-40
Appellate review 110-33
•
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•
Supp. No. 33
CDi:30
•
•
•
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Cont'd.)
Applications 110-29
Attendance required at public hear-
ings; postponement of hearings 110-30.1
Authority 110-27
Due process 110-28
Expiration of variance or special
exception; abandonment 110-32
Intent and purpose 110-26
Reconsideration 110-31
Rezonings
Procedure 110-35
Rezoning applicant obligations 110-34
Special exception
Applicant obligations 110-38
Procedure 110-39
Special notice requirements 110-28
Staff review; application deficiencies 110-30
Variances
Applicant obligations 110-36
Procedure 110-37
Vegetation. See within this subhead-
ing: Landscaping or Vegetation
Vehicles and vessels
Living aboard boats 110-552
Living or residing in boats, utility
trailers, recreational vehicles
and special purpose vehicles 110-553
Location of recreational vehicles,
camping equipment, boats and
boat trailers 110-551
Parking and storage of certain
vehicles 110-554
Paving of vehicular use areas 110-555
Vehicle rental facility 110-556
Vehicular use areas, paving of 110-555
Vessels. See within this subheading:
Vehicles and Vessels
Veterinary hospital 110-460
Visibility at intersections 110-469
Water areas 110-474
Width
Courts, minimum width of 110-473
Wireless communications towers and
antennas 110-483
Zoning districts. See herein: Zoning
LANDSCAPING
Appearance and maintenance 34-99
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Landscape irrigation
Applicability; purpose and intent 91-2
Definitions 91-1
Enforcement and penalties 91-7
Exceptions to landscape irrigation
schedules 91-4
Landscape irrigation schedules 91-3
Required irrigation system technology 91-5
LANDSCAPING (Cont'd.)
Variance from specific day of the week
limitations 91-6
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
LAW ENFORCEMENT
Alarm systems generally 30-26 et seq.
See: ALARM SYSTEMS
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Police department 42-26
LEASES
Certain ordinances not affected by Code 1-10(a)(2)
City attorney
Duties 2-126(6)
Motor vehicles and traffic
Parking, stopping and standing
Parking on city owned or leased
property 74-56.6
LIBRARY
Established 46.1
Fees schedule in general. See: FEES
(Appendix B)
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Library board
Created 46-26
LICENSES AND PERMITS
Adult entertainment establishment license 10-93 et seq.
Alarm systems 30-27 et seq.
See: ALARM SYSTEMS
Building sewers
Permit for connections 78-77
Buildings and building regulations 82-1 et seq.
See: LAND DEVELOPMENT CODE
Community appearance review board
Permits
Appeals and review 22-46
Application criteria 22-44
Approval prerequisite for permits 22-40
Building permits; enforcement 22-47
Notice of approval or denial 22-43
Concurrency management system 86.1 et seq.
See: LAND DEVELOPMENT CODE
Construction site stormwater runoff control
Permits 90-201
Excavations
Street excavation permit requirements 66-81 et seq.
Fees schedule in general. See: FEES
(Appendix B)
Fireworks permit (public display) 38-82 et seq.
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Supp. No. 33 CDi:31
CAPE CANAVERAL CODE
Section Section
LICENSES AND PERMITS (Cont'd.)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code; zoning
Nonconformities
Special permit 110-200
Motion and still photography production
permits 16-60 et seq.
See: PHOTOGRAPHY
Outdoor entertainment events 10-61 et seq.
See: OUTDOOR ENTERTAINMENT
EVENTS
Sewer impact fee requirements 78-125
Sexually oriented business license 10-93 et seq.
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Solicitors, peddlers and itinerant merchants
permit requirement 16-51 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Street excavation permit requirements66-81 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Temporary storage units (permit) 82-400
Tree protection, land clearing 102-39, 102-40
Vehicles for hire
Certificate of public convenience and
necessity license 80-26 et seq.
Driver's permit 80-51 et seq.
Licenses and fees to be in addition to
other taxes and charges 80-3
Vested rights 115-3 et seq.
See: VESTED RIGHTS
Wastewater discharge permits 78-98
LIENS
Abandoned property
Collection of lien on private property re
towing, storage, expenses 34-188
Code enforcement
Code lien satisfactions
Application for satisfaction, release,
or reduction, of code enforce-
ment liens 2-260
Criminal nuisance abatement board
Penalties; fines; liens; recording 2-297
LIFE SAFETY CODE. See: FIRE PREVEN-
TION
LIGHT INDUSTRIAL DISTRICT
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
LIGHTS AND LIGHTING
Definitions 34-206
Exceptions 34-210
Method of measurement 34-211
Policy established 34-207
LIGHTS AND LIGHTING (Cont'd.)
Sea turtles
Publicly owned lighting regulations 14-57
Signs 94-63
Solid waste
Transporting regulations 62-7
Spill -over lighting standards established 34-209
Vehicles for hire 80-76(c)
LIQUEFIED PETROLEUM GAS
Land development code
Zoning; liquefied petroleum gas 110-485
Public service tax 70-26 et seq.
See: TAXATION
LITTER AND LITTERING
Abatement; assessment 34-43
Aircraft, dropping from 34-35
Burial of trash, rubbish or other debris 34-41
Definitions 34-26
Enforcement 34-42
Gutters, sweeping into prohibited 34-31
Handbills
Depositing on uninhabited or vacant
premises 34-53
Distribution prohibited where property
posted 34-54
Inhabited private premises, distribu-
tion at 34-55
Throwing or distributing in public places 34-51
Vehicles, placing on 34-52
Merchant's
Duty to keep sidewalks free of litter 34-32
Occupied private property, depositing on 34-37
Owner's maintenance of premises 34-38
Parks and recreation
Pollution and litter 54-9
Posting notices prohibited 34-40
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public places, litter in 34-29
Receptacles, placement in 34-30
River or other body of water, throwing in 34-36
Sidewalks
Merchant's duty to keep sidewalks free
of litter 34-32
Truck loads 34-34
Unlawful deposit 34-28
Vacant lots, depositing on 34-39
Vehicles
Litter throwing by persons in vehicle 34-33
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
LOADING AND UNLOADING
Offstreet loading
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
•
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Supp. No. 33 CDi:32
•
•
•
CODE INDEX
Section Section
LOADING AND UNLOADING (Cont'd.)
Out of repair vehicles
Noises, enumeration of prohibited 34-153(7)
LOADS
Truck loads causing litter 34-34
LOCAL IMPROVEMENTS. See: PUBLIC
WORKS AND IMPROVEMENTS
LOCAL PLANNING AGENCY
Designation and establishment 58-56 et esq.
See: PLANNING AND DEVELOPMENT
LOTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
LOUDSPEAKERS
Noises, enumeration of prohibited 34-153(3)
M
MALT BEVERAGES. See: ALCOHOLIC
BEVERAGES
MANUFACTURED GAS
Public service tax 70-26 et seq.
See: TAXATION
MAPS. See: SURVEYS, MAPS AND PLATS
MARQUEES
Signs
Land development code regulations ... 94-1 et seq.
See: LAND DEVELOPMENT CODE
MAYOR
City manager
Powers and duties 2-101(3)
Civil emergencies generally 18-1 et seq.
See: CIVIL EMERGENCIES
Persons authorized to declare 18-2
MEDICAL SERVICES
Fire protection services; emergency medi-
cal services 38-56
Land development code
Zoning
Pain management clinic regulations 110-489
MERCHANTS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
METERS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Outdoor entertainment events
Permit; metered parking 10.72
Taximeters 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 1-2
Public service tax, monthly computation 70-34
MONUMENTS AND MARKERS
Subdivisions
Land development code regulations ... 98-1 et seq.
See: LAND DEVELOPMENT CODE
MOTOR VEHICLES AND TRAFFIC
Alcoholic beverages
Motor vehicle regulations 6-51 et seq.
See: ALCOHOLIC BEVERAGES
Concurrency management system 86-1 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
Dune parking prohibited 74-59
Exhaust
Noises, enumeration of prohibited 34-153(6)
Fire lanes
Designation of 74-62
Golf carts and low -speed vehicles on roads,
operation of
Enforcement 74-84
Golf cart network map 74-77.5
Approval of local golf cart network
map 74-77.5(a)
Authorization to purchase and install
signage 74-77.5(b)
Inspection and registration of golf carts
required 74-81
Insurance required 74-82
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
Supp. No. 33 CDi:33
CAPE CANAVERAL CODE
MOTOR VEHICLES AND TRAFFIC (Cont'd)
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
Fire lanes, designation of 74-62
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
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Truck routes 74-32
Solicitors, peddlers and itinerant merchants 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Solid waste
Transporting regulations 62-7
Stopping and standing. See herein: Park-
ing, Stopping and Standing
Through streets, parking, etc.
Certain ordinances not affected by Code 1-10(a)(8)
Travel on other than streets or highways 74-1
Trucks
Applicability of provisions 74-27
Definitions 74-26
Exceptions 74-29
Parking 74-60
Penalties 74-28
Truck loads 34-34
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 34-154
Declaration of policy to prohibit noise 34-151
Enumeration of prohibited noises 34-153
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Parks and recreation
Noise and other conduct 54-18
NUDITY
Alcoholic beverage establishments
Nudity on premises where served,
consumed or stored 6-27
Sexually oriented businesses, adult
entertainment establishments 10-86 et seq.
NUISANCES
Abandoned property generally 34-181 et seq.
See: ABANDONED PROPERTY
Criminal nuisance abatement board 2-292 et seq.
See: CODE ENFORCEMENT
General penalty; attorneys' fees and costs 1-15(b)
Noise generally 34-151 et seq.
See: NOISE
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Spill -over lighting 34-206 et seq.
See: LIGHTS AND LIGHTING
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Notice to remedy notices 34-123
Public nuisances prohibited 34-122
NUMBERS AND NUMBERING
Definitions and rules of construction 1-2
Numbering of buildings and property 82-366 et seq.
See: LAND DEVELOPMENT CODE
Vehicles for hire 80-76(e)
Number of passengers carried 80-79
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Supp. No. 33
CDi:34
•
•
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CODE INDEX
Section Section
OATH, AFFIRMATION, SWEAR OR SWORN
Definitions and rules of construction
OBLIGATIONS
Certain ordinances not affected by Code
OBNOXIOUS SUBSTANCES
Property maintenance standards
See: PROPERTY MAINTENANCE
STANDARDS
OBSCENITY. See: INDECENCY AND
OBSCENITY
OBSTRUCTIONS
Parks and recreation
Injuring, interfering with, etc., build-
ings and other property
Interference with personnel/park opera-
tions
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Solid waste collection
OCCUPANCY
Franchise regulations in general. See:
FRANCHISES (Appendix A)
OCCUPATIONAL LICENSE TAX. See:
TAXATION
1-2
1-10(a)(2)
34-91 et seq
62-11
OFFENSES
Abandoned property 34-181 et seq.
See: ABANDONED PROPERTY
Certain ordinances not affected by Code . 1-10(a)(1)
Code does not affect prior offenses 1-8
Court costs for police education and train-
ing 50-3
Effect of repeal of ordinances and offenses
committed 1-9(b)
General penalty; attorneys' fees and costs 1-15
Penalties for specific acts, omissions, viola-
tions, etc. See specific subjects as
indexed
Recreational fires, generally 50-5
State misdemeanor acts adopted, penal-
ties 50-1
OFFICERS AND EMPLOYEES
Acting city manager 2-102
Animal control officer 14-27
City clerk
Duties
City manager
Powers and duties
Classification
Certain ordinances not affected by Code
Definitions and rules of construction
Delegation of authority
Definitions and rules of construction
Fire chief
2-116
2-101 et seq.
2-101
1-10(a)(14)
1-2
1-2
38-58
OFFICERS AND EMPLOYEES (Cont'd.)
Floodplain management 90-39 et seq.
See: LAND DEVELOPMENT CODE
Housing
Fair housing
Administrator authority and
responsibilities 36-3
Joint authority
Definitions and rules of construction 1-2
Police chief 42-26
Precinct supervisor 42-26
Property
Registration and maintenance of proper-
ties in foreclosure
Additional authority of enforcement
officers; immunity 82-123
Salaries
Certain ordinances not affected by Code 1-10(a)(14)
Sergeant at arms
City council 2-63
Travel reimbursement policies and
procedures
Reimbursement policy and procedures
for official travel 2-300
ORDINANCES, RESOLUTIONS, ETC.
City attorney
Duties 2-126(4)
City council
Preparation of ordinances and resolu-
tions prior to meetings 2-59
County animal control ordinance 14-26 et seq.
See: ANIMALS AND FOWL
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Street abandonment, ordinance required. 66-39
OUTDOOR ADVERTISING -
Signs
Land development code regulations ... 94-1 et seq.
See: LAND DEVELOPMENT CODE
OUTDOOR ENTERTAINMENT EVENTS
Compliance with other laws 10-48
Definitions 10-47
General provisions 10-46
Local business tax receipt required 10-49
Penalties and enforcement 10-50
Permit
Alcohol sales and consumption 10-62
Application 10-61
Cleanup and damage deposit 10-66
Closure or gating of public property and
streets 10-64
Emergency suspension or cancellation
of permitted outdoor entertain-
ment event 10-77
Fees and deposits 10-73
Insurance requirements 10-63
Life and public safety requirements 10-75
Supp. No. 33 CDi:35
CAPE CANAVERAL CODE
Section Section
OUTDOOR ENTERTAINMENT EVENTS
(Cont'd.)
Location of public parking; transporta-
tion services 10-67
Metered parking 10-72
Other permits and licenses 10-74
Other public gatherings 10-65
Revocation of permits 10-76
Temporary structures; integrity, height,
location 10-69
Turtle protection 10-68
Vendors 10-70
Water craft, use of
OWNER
Definitions and rules of construction 1-2
P
PARKING
General regulations 74-56 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
Land development code
Zoning
A1A Economic Opportunity Overlay
District
Landscaping; required screening
for commercial parking facili-
ties 110-690
Outdoor entertainment events
Permit
Location of public parking; transporta-
tion services 10-67
Metered parking 10-72
PARKS AND RECREATION
Airsoft and paintball guns; BB guns 54-23
Alcoholic beverages
Ocean Beach 6-53
Possession and consumption 6-52
Alcoholic beverages/tobacco products;
gambling 54-14
Animals
Prohibited in parks 14-28
Boats, vessels regulated 54-46 et seq.
See: BOATS, DOCKS AND
WATERWAYS
Commercial beach vendor franchises 54-5
Authority 54-5(a)
Award of franchise 54-5(b)
Franchise fee 54-5(c)
Identification requirements 54-5(g)
Location of commercial beach vending 54-5(h)
Manner and conduct of beach vending 54-5(e)
Minimum appearance/dress require-
ments 54-5(f)
Minimum requirements of franchisees 54-5(d)
Termination or suspension of franchise 54-5(i)
Commercial recreational franchises
Authority 54-6(a)
PARKS AND RECREATION (Cont'd.)
Commercial solicitation 54-4
Concurrency management 96.1 et seq.
See: LAND DEVELOPMENT CODE
Culture and leisure services board
Duties 54-28
Established 54-26
Indebtedness 54-29
Definition of city park 54-1
Domestic and other animals 54-13
Fees schedule in general. See: FEES
(Appendix B)
Fireworks; destructive devices; weapons;
other potentially dangerous uses 54-11
Flood resistant development 90-96 et seq.
See: LAND DEVELOPMENT CODE
Glass containers 54-22
Hours of operation and general use of city
parks 54-7
Hunting/wildlife preservation and
conservation 54-12
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Injuring, interfering with, etc., buildings
and other property 54-20
Interference with personnel/park opera-
tions 54-21
Litter
Throwing in other body of
river or
water in parks 34-36
Noise and other conduct 54-18
Peddling/distribution of materials 54-19
Pollution and litter 54-9
Procedures for naming of city parks
Assistance petitions 54-2(e)
Generally 54-2(h)
Intent and purpose; findings 54-2(a)
Minimum community support for
assistance petitions 54-2(f)
Naming guidelines 54-2(c)
Other factors 54-2(d)
Promulgation of rules; city fees; preexist-
ing rules; conflicts with rules; enforce-
ment and penalties
Conflicts with rules 54-24(h)
Enforcement, generally 54-24(i)
Fees 54-24(f)
Initiation of code enforcement 54-24(j)
Penalties 54-24(k)
Preexisting rules 54-24(g)
Recreational fires, generally 50-5
Recreational fires in city parks 54-16
Removal of natural resources 54-10
Sleeping and camping 54-17
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Suspension of use of city park 54-25
Traffic 54-8
Trespass 54-15
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Supp. No. 33
CDi:36
•
•
•
CODE INDEX
Section Section
PARKS AND RECREATION (Cont'd.)
Vessels regulated 54-46 et seq.
See: BOATS, DOCKS AND
WATERWAYS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
PARTNERSHIPS
Persons; definitions and rules of construc-
tion extended and applied to 1-2
PEDDLERS, CANVASSERS AND SOLICI-
TORS
Definitions 16-26
Fraud 16-30
Harassment prohibited 16-28
Parks and recreation
Commercial solicitation 54-4
Peddling/distribution of materials 54-19
Permission to enter premises required 6-27
Permit
Appeals 16-56
Application 16-52
Badge for solicitors 16-57
Exhibition of permit on request 16-58
Investigation; denial or issuance of;
record 16-53
Notice of hearing 16-55
Required 16-51
Revocation 16-54
Report of violations 16-31
Solicitor to leave when requested 16-29
PENALTIES. See: FINES, FORFEITURES
AND OTHER PENALTIES
PERSON 1-2
Definitions and rules of construction
PERSONNEL. See: OFFICERS AND
EMPLOYEES
PHONOGRAPHS
Noises, enumeration of prohibited 34-153(2)
PHOTOGRAPHY
Motion and still photography production
permits
Application for permit 16-66
City manager to act as agent for city 16-64
Definitions 16-63
Nonexemption from other city Code
requirements 16-67
Purposes 16-61
Recovery of costs for extraordinary
services 16-68
Required 16-65
Suspension and revocation 16-65
Title 16-60
Violations and penalties 16-65
PIPE LINES
Franchise regulations in general. See:
FRANCHISES (Appendix A)
PLANNED UNIT DEVELOPMENTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
PLANNING AND DEVELOPMENT
Business and cultural development board 22-26 et seq.
Community appearance review board 22-36 et seq.
Comprehensive plan
Designation of agency, department, com-
mittee or person to prepare 58-58
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Local planning agency
Designation and establishment 58-56
Designation of agency, department, com-
mittee or person to prepare
comprehensive plan 58-58
Duties and responsibilities 58-57
Notice requirement for amendments to
future land use map 58-1
Plan checking fee
Fees schedule in general. See: FEES
(Appendix B)
Planning and zoning board 110-3
See: LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Vested rights 115-1 et seq.
See: VESTED RIGHTS
PLANT LIFE. See: WEEDS AND DEAD
VEGETATION
PLATS. See: SURVEYS, MAPS AND PLATS
PLUMBING
Fees schedule in general. See: FEES
(Appendix B)
Supp. No. 33 CDi:37
CAPE CANAVEAL CODE
Section Section
PLUMBING (Cont'd.)
Floodplain management 90-36 et seq.
See: LAND DEVELOPMENT CODE
Public service tax 70-26 et seq.
See: TAXATION
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Maintenance of plumbing system 78-35
POLES AND WIRES
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
POLICE DEPARTMENT
Court costs for police education and train-
ing 50-3
Fees schedule in general. See: FEES
(Appendix B)
Police department
Duties of chief of police and/or precinct
supervisor 42-26
Vehicles for hire
Receiving police radio calls prohibited;
radios which may be used 80-81
POLITICAL SIGNS
Signs
Land development code regulations ... 94-1 et seq.
See: LAND DEVELOPMENT CODE
PROCEEDINGS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS
PROFESSIONS
Local business tax 70-66 et seq.
See: TAXATION
PROPERTY
Abandoned property generally 34-180 et seq.
See: ABANDONED PROPERTY
Code enforcement
Authorization to enter upon property 2-246
Criminal nuisance abatement board 2-292 et seq.
See: CODE ENFORCEMENT
Eminent domain powers re economic
development 2-70
Land development code
Zoning
Vacation rentals 110-486
Commercial use of property;
entertainment venue
prohibited 110-486(i)
Motor vehicles and traffic
Parking, stopping and standing
Parking on city owned or leased
property 74-56.6
Numbering of buildings and property 82-366 et seq.
See: LAND DEVELOPMENT CODE
PROPERTY (Cont'd.)
Outdoor entertainment events
Permit; closure or gating of public
property and streets 10-64
Parks and recreation
Injuring, interfering with, etc., build-
ings and other property 54-20
Property maintenance code 82-221 et seq.
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
Registration and maintenance of proper-
ties in foreclosure
Additional authority of enforcement
officers; immunity 82-123
Definitions 82-117
Enforcement; penalties 82-124
Maintenance requirements 82-121
Mortgagee inspection requirements 82-120
Purpose and intent 82-116
Registration fees 82-119
Registration requirements 82-118
Security requirements 82-122
Supplemental authority 82-125
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Sleeping and camping in public areas and
beaches 50-4
Vested rights 115-1 et seq.
See: VESTED RIGHTS
PROPERTY MAINTENANCE STANDARDS
Authority 34-92
Building appearance and maintenance 34-98
Definitions 34-91
Duties and responsibilities for maintenance 34-97
Enforcement 34-95
Landscape appearance and maintenance 34-99
Purpose 34-94
Registration and maintenance of proper-
ties in foreclosure 82-116 et seq.
See: PROPERTY
Scope 34-93
Sign appearance and maintenance 34-100
Standards established 34-96
PROPERTY MANAGEMENT
Personal property control
Definitions 2-207(a)
Property acquisition 2-207(d)
Property supervision and control 2-207(c)
Record and inventory of property 2-207(b)
Recording the disposal of property 2-207(f)
Surplus property disposition 2-207(e)
Valuation of property 2-207(g)
PUBLIC NUDITY. See: NUDITY
PUBLIC RECORDS. See: RECORDS AND
REPORTS
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Supp. No. 33 CDi:38
•
•
•
CODE INDEX
PUBLIC SERVICE TAX
Generally 70-26 et seq.
See: TAXATION
PUBLIC SEWERS. See: SEWERS AND
SEWAGE DISPOSAL
PUBLIC THOROUGHFARES. See:
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS
PUBLIC VEHICLES
Vehicles for hire 80-1 et seq.
See: VEHICLES FOR HIRE
PUBLIC WAYS. See: STREETS, SIDEWALKS
AND OTHER PUBLIC WAYS
PUBLIC WORKS AND IMPROVEMENTS
Certain ordinances not affected by Code . 1-10(a)(11)
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Public service tax generally 70-26 et seq.
See: TAXATION
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
PURCHASES AND PURCHASING
Availability of funds 2-225
Award to other than low bidder 2-218(7)
Bid deposits 2-218(3)
Bid opening 2-218(4)
Blanket purchase orders 2-224
City bidders list 2-218(2)
Cooperative purchasing 2-222
Definitions 2-216
Emergency purchase 2-221
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Ineligible contractors 2-218(6)
Notice 2-218(1)
PURCHASES AND PURCHASING (Cont'd.)
Open market purchase procedures 2-219
Performance bond 2-218(9)
Personal property control
Property acquisition 2-207(d)
Property supervision and control 2-207(c)
Recording disposal of property 2-207(f)
Surplus property disposition 2-207(e)
Procedure 2-218
Prohibition of interest
Financial interest 2-226(a)
Gifts and rebates 2-226(b)
Purpose 2-217
Rejection of bids 2-218(5)
Sole source 2-220
Subdivision, prohib2-223ition against
Tie bids 2-218(8)
Utilities service
Purchase of 70-33
Without collecting public service tax,
purchase of 70-37
PYROTECHNICS. See: FIREWORKS
R
RADIOLOGICAL WASTE. See: SOLID
RADIOS
Noises, enumeration of prohibited 34-153(2)
Vehicles for hire
Receiving police radio calls prohibited;
radios which may be used 80-81
RAILROADS AND TRAINS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
RECORDS AND REPORTS
City clerk
Duties 2-116(1)
Code enforcement
Criminal nuisance abatement board
Penalties; fines; liens; recording 2-297
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code
Floods; floodplain management
Administration
Duties and powers of the
Floodplain Administrator
Floodplain management records 90-47
Zoning
Nonconformities
Nonconforming lots of record
Single-family dwellings and
duplexes 110-196
Industrial or commercial wastewater
monitoring reporting re discharges 78-100
Supp. No. 33
CDi:39
CAPE CANAVERAL CODE
Section Section
RECORDS AND REPORTS (Cont'd.)
Sexually oriented businesses, adult
entertainment establishments license
Records, reports 10-105
Worker records 10-110
Solicitors, peddlers and itinerant merchants
Permit record 16-53
Report of violations 16-31
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Vehicles for hire
Maintenance of records 80-85
Report to accidents 80-88
RECREATION. See: PARKS AND
RECREATION
RECYCLABLE MATERIALS
Residences 62-9(b)
Solid waste generally 62-1 et seq.
See: SOLID WASTE
REFUSE. See: SOLID WASTE
REGULAR MEETINGS
City council 2-56
RESIDENTIAL DISTRICTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Signs 94-96 et seq.
Solid waste
Fees schedule in general. See: FEES
(Appendix B)
RESIDENTIAL PLANNED UNIT DEVELOP-
MENTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
REVENUES OF CITY. See: FINANCES
REZONING
Certain ordinances not affected by Code 1-10(a)(9)
RIGHTS
Certain ordinances not affected by Code 1-10(a)(4)
Code does not affect prior rights established
or occurring 1-6
ROAD SIGNS
Land development code regulations 94-1 et seq.
ROBBERY ALARMS. See: ALARM SYSTEMS
RUBBISH. See: SOLID WASTE
S
SALES
Outdoor entertainment events
Permit; alcohol sales and consumption 10-62
SALES (Cont'd.)
Utility service without collection of public
service tax 70-40
SANITARY SEWER SYSTEM. See: SEWERS
AND SEWAGE DISPOSAL
SCREENS AND SCREENING
Land development code
Zoning
A1A Economic Opportunity Overlay
District
Landscaping; required screening
for commercial parking facili-
ties 110-690
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
SEA TURTLES. See: ANIMALS AND FOWL
SEAL OF CITY
City clerk
Duties 2-116(1)
SEPTIC TANKS
Flood resistant development; tanks 90-98 et seq.
See: LAND DEVELOPMENT CODE
Sanitary sewer requirements 78-34
SERGEANT AT ARMS
City council 2-63
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 86-1 et seq.
See: LAND DEVELOPMENT CODE
Connection with sewer
Late connection charge 78-28
Required 78-27
Unlawful connection 78-29
Deposit required 78-151
Disposal 78-33
Failure to maintain plumbing system 78-36
Fees schedule in general. See: FEES
(Appendix B)
Free service 78-37
Impact fees
Change of use 78-128
Cost of living increase 78-129
Established 78-121
Excessive quantity of wastewater 78-123
Full payment required prior to issuance
of certificate or license 78-125
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Supp. No. 33 CDi:40
•
•
•
CODE INDEX
Section Section
SEWERS AND SEWAGE DISPOSAL (Cont'd.)
Generally 2-231 et seq.
See: IMPACT FEES
Offsite sewage plumbing 78-131
Payment 78-122
Port Canaveral customers 78-130
Use of funds 78-127
Industrial and commercial use
Administrative enforcement procedures 78-59
Administrative penalties 78-60
Applicability of provisions 78-54
Building sewers and connections
Connecting sources of surface runoff
or groundwater 78-84
Cost of installation; indemnification 78-78
Elevations 78-82
Excavations 78-83
Notice of inspection and connection 78-79
Old building sewers 78-80
Permit for connections
Application 78-77(b)
Required 78-77(a)
Public sewers, connection to 78-85
Separate sewers for each building 78-76
Specifications 78-81
Definitions 78-51
Discharges
Fees 78-99
General prohibitions and limitations 78-96
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
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
SEWERS AND SEWAGE DISPOSAL (Cont'd)
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 required 78-153
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
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
Supp. No. 33 CDi:41
CAPE CANAVERAL CODE
Section Section
SEXUALLY ORIENTED BUSINESSES,
ADULT ENTERTAINMENT
ESTABLISHMENTS (Cont'd.)
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 unlawful 10-89
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
Sexual encounter businesses prohibited;
prohibited acts 10-129
Sexually oriented businesses 10-112
Short title 10-86
Suspension, revocation proceedings 10-109
Theater (adult) 10-113
Worker records 10-110
SHOPPING CENTERS
Signs
Land development code regulations ... 94-1 et seq.
See: LAND DEVELOPMENT CODE
SHOUTING
Noises, enumeration of prohibited 34-153(4)
SIDEWALKS. See: STREETS, SIDEWALKS
AND OTHER PUBLIC WAYS
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 34-51 et seq.
Authorization to purchase and
install signage 74-77.5(b)
SIGNS AND BILLBOARDS (Cont'd.)
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 54-17
Sleeping and camping in public areas and
beaches 50-4
SLOT MACHINES OR DEVICES
Definitions 10-201
Exemption 10-203
Prohibited 10-202
Purpose; intent 10-200
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)
74-77.5 Location of solid waste containers 62-9(f)
Pickup 62-9(e)
Recyclable material 62-9(b)
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CODE INDEX
Section Section
SOLID WASTE (Cont'd.)
Separation of solid waste 62-9(a)
Solid waste 62-9(d)
Yard waste 62-9(c)
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Schedule of fees 62-5
Transporting 62-7
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Unlawful acts
Burning or burying of solid waste 62-11(c)
Construction and demolition debris 62-11(g)
Container of another 62-11(b)
Hazardous waste 62-11(f)
Obstruction 62-11(a)
Unlawful accumulations 62-11(d)
Unlawful disposal 62-11(e)
SOUND AMPLIFIERS
Noises, enumeration of prohibited
34-153(3)
SPECIAL MAGISTRATE
Abandoned property
Special magistrate or code enforcement
board hearing procedures 34-183
Code enforcement 2-249 et seq.
See: CODE ENFORCEMENT
Land development code
Buildings and building regulations
Citations; unlicensed contractors;
failure to obtain building permit
Special magistrate or code enforce-
ment board
Decisions, appeals of 82-384
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 34-181
Fireworks
Private use, storage, display prohibited;
public displays authorized by
permit only 38-82
Storage of materials 38-87
Temporary storage units 82-400
STORMWATER DRAINAGE
Certain ordinances not affected by Code . 1-10(a)(17)
Construction site stormwater runoff control 90-200 et seq.
See: CONSTRUCTION
Illicit discharge and connection
Applicability 78-403
Authorized enforcement agency 78-401
Definitions 78-402
Discharge prohibitions 78-406
Enforcement 78-413
Industrial or construction activity
discharges 78-408
Monitoring of discharges 78-409
Notification of spills 78-412
Requirements to prevent, control, and
reduce stormwater pollutants by
the use of BMPs 78-410
Responsibility for administration 78-404
Short title: purpose and objectives 78-400
Suspension of MS4 access 78-407
Ultimate responsibility 78-405
Watercourse protection 78-411
Stormwater drainage utility
Creation 78-275
Definitions, construction 78-277
Determination of ERUs 78-301
Fee, stormwater 78-300
Findings, determinations, powers 78-276
Operating budget 78-278
Program responsibility 78-325
Stormwater management utility
enterprise fund 78-326
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
STORMWATER MANAGEMENT
Fees schedule in general. See: FEES
(Appendix B)
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS
Alcoholic beverages
Possession and consumption 6-51
Supp. No. 33 CDi:43
CAPE CANAVERAL CODE
Section Section
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS (Cont'd.)
Beach end streets
Camping prohibited 50-4
Certain ordinances not affected by Code 1-10(a)(5)
Concurrency management system 86-1 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
Excavations
City
Authority of city 66-64
Right to restore surface 66-69
Cleanup 66-68
Emergencies 66-70
Engineering details 66-66
Guarantee 66-67
Inspections 66-63
Liability of city 66-62
Method of installation 66-65
Penalty 66-61
Permit
Application 66-82
Deposits 66-84
Fee 66-83
Inspections 66-85
Required 66-81
Fire lanes, designation of 74-62
Franchise agreements 66-1
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Grades
Certain ordinances not affected by Code 1-10(a)(10)
Handbills
Throwing or distributing in public places 34-51
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Land development code regulations re
zoning 110-26 et seq.
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
Section
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS (Cont'd.)
Right-of-way
Use agreements 66-1
Camping prohibited 50-4
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Solicitors, peddlers and itinerant merchants 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Solid waste generally 62-1 et seq.
See: SOLID WASTE
Transporting regulations 62-7
Street lights
Sea turtle regulations 14-57
Streets
Abandonment
Authority 66-36
Ordinance required 66-39
Petition
For action 66-37
Procedure 66-38
Civil liability for damage 66-26
Speed bumps 66-27
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Traffic
Certain ordinances not affected by Code 1-10(a)(8)
Travel on other than streets or highways 74-1
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
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 98-80
Issuance of certificate of completion 98-83
Notification 98-82
Submission of data 98-81
Permit
Approval of plans and specifications 98-73
Issuance 98-75
Master survey point 98-74
Procedure 98-70
Construction after final plat
approval 98-70(2)
Construction before final plat
approval 98-70(1)
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Supp. No. 33 CDi:44
•
•
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CODE INDEX
Section Section
SUBDIVISIONS (Cont'd.)
Required; penalty 98-69
Review 98-72
Submission of construction plans and
specifications 98-71
Term; revocation 98-76
Dedicating or accepting
Certain ordinances not affected by Code 1-10(a)(12)
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 board 98-3
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
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
See: LAND DEVELOPMENT CODE
SUBDIVISIONS (Cont'd.)
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)
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
Supp. No. 33 CDi:45
CAPE CANAVERAL CODE
Section Section
SUITS, ACTIONS AND OTHER PROCEED-
INGS (Cont'd.)
Effect of repeal of ordinances on suits or
proceedings pending 1-9(b)
SURFACE DRAINAGE
Subdivisions
Land development code regulations ... 96-1 et. seq.
See: LAND DEVELOPMENT CODE
SURVEYS, MAPS AND PLATS
Amendment to zoning map
Certain ordinances not affected by Code 1-10(a)(9)
Dedicating or accepting
Certain ordinances not affected by Code 1-10(a)(12)
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 74-77.5
Planning and development
Notice requirement for amendments to
future land use map
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Truck routes, map of 74-31
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 70-1
Certain ordinances not affected by Code 1-10(a)(7)
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 70-85
Definitions 70-66
Delinquencies 70-76
Duplicate, issuance of 70-80
Engaging in business
Evidence of engaging in business 70-72
Without paying tax or making reports 70-71
Exemptions 70-83
False statement in receipt application 70-73
Form, signing of receipts; report of
information 70-70
Insurance 70-84
Levied 70-67
TAXATION (Cont'd.)
Local business tax for businesses not
otherwise designated 70-88
Multiple receipt 70-78
Penalty for failure to obtain or renew
receipt 70-75
Preservation, display of receipt 70-79
Rate schedule 70-89
Receipt required; payment of tax
prerequisite to issuance 70-69
Receipt year; tax payment date; term of
receipt; proration of tax 70-74
Records of issued receipts 70-86
Records of licensees 70-87
Records of receipts 70-87
Refunds 70-82
Separate receipt required for each place
of business 70-77
Transfer of receipt 70-81
Violations and penalties 70-68
Local improvements
Certain ordinances not affected by Code 1-10(a)(11)
Outdoor entertainment events
Local business tax receipt required 10-49
Public service tax
Applicability 70-28
Appropriation of revenue 70-44
Authority; findings 70-27
Collection 70-35
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
Generally 70-42
Levied 70-29
Monthly computation 70-34
Payment 70-31
Payment of utilities service without
payment of tax 70-41
Penalty 70-43
Purchase of utilities service
Generally 70-33
Without collecting tax 70-37
Records 70-36
Sale of utilities service without collec-
tion of tax 70-40
Sexually oriented businesses, adult
entertainment establishments
Local business tax receipts 10-128
Vehicles for hire
Licenses and fees to be in addition to
other taxes and charges 80-3
TAXICABS. See: VEHICLES FOR HIRE
•
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Supp. No. 33
CDi:46
•
•
•
CODE INDEX
Section Section
TECHNICAL CODES
Building codes. See also: LAND DEVELOP-
MENT CODE
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.
Fire prevention code 38-26 et seq.
See: FIRE PREVENTION
Florida Fire Prevention Code 38-26, 38-27
Life Safety Code 38-28, 38-29
TELEGRAPH SERVICES
Public service tax generally 70-26 et seq.
See: TAXATION
TELEPHONES
Automatic telephone direct dialing device;
digital alarm communicator system. 30-37
TELEVISIONS
Noises, enumeration of prohibited 34-153(2)
TENSE
Definitions and rules of construction 1-2
TIME
Computation of time
Definitions and rules of construction .. 1-2
TOPOGRAPHY
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
TORNADOS
Civil emergencies generally 18-1 et seq.
See: CIVIL EMERGENCIES
TOWING
Abandoned property
Liability of owner for towing, storage
expenses 34-188
TOWNHOUSES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
TOXIC WASTE. See: SOLID WASTE
TRADES
Local business tax 70-66 et seq.
See: TAXATION
TRAFFIC. See: MOTOR VEHICLES AND
TRAFFIC
TRASH. See: SOLID WASTE
TRAVEL EXPENSES. See: OFFICERS AND
EMPLOYEES
TREASURER. See: CITY TREASURER
TREES AND SHRUBBERY
Fees schedule in general. See: FEES
(Appendix B)
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Tree protection
Land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
TRUCKS
Load regulations re litter 34-34
Parking 74-60
Traffic regulations 74-26 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
TURTLES
Sea turtles 14-51 et seq.
See: ANIMALS AND FOWL
U
UNSAFE BUILDINGS
Unsafe building abatement code 82-56 et seq.
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
UTILITIES
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Illicit discharge and connection 78-400 et seq.
See: STORMWATER DRAINAGE
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Public service tax generally 70-26 et seq.
See: TAXATION
Reclaimed water 78-176 et seq.
See: WATER SUPPLY AND DISTRIBU-
TION
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Service rate, deposits and billing procedures
Deposit required 78-151
Monthly sewer rates 78-152
Payment of sewer charges required78-153
Sewer fees where owner has private
water supply 78-154
Stormwater drainage utility 78-275 et seq.
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Supp. No. 33 CDi:47
CAPE CANAVERAL CODE
Section Section
UTILITIES (Cont'd.)
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
V
VEGETATION. See: WEEDS AND DEAD
VEGETATION
VEHICLES FOR HIRE
Accidents
Report of 80-88
Alcoholic beverages 80-87
Certificate of public convenience and neces-
sity license
Application 80-27
Approval 80-28
Burden of proof 80-29
Required 80-26
Suspension and revocation 80-31
Transfer 80-32
Compliance with provisions 80-4
Cruising, soliciting business prohibited 80-83
Definitions 80-1
Driver's attendance to vehicles 80-84
Driver's permit
Application 80-53
Fees 80-55
Fees schedule in general. See: FEES
(Appendix B)
Investigation; issuance, denial; posting 80-54
Penalty 80-52
Required 80-51
Surrender; revocation; suspension 80-57
Transferability; term of validity 80-56
Federal or state government
Application to vehicles, operators
regulated by 80-2
Fees schedule in general. See: FEES
(Appendix B)
Insurance 80-5
Licenses and fees to be in addition to other
taxes and charges 80-3
Lost money or property 80-86
Maintenance of records 80-85
Nonpaying passengers with paying pas-
sengers, transporting of 80-80
Number of passengers carried 80-79
Police radio calls, receiving prohibited;
radios which may be used 80-81
Rates and charges
Charging rates in excess of established
rates 80-78
Schedule of 80-77
Report of accidents 80-88
Required equipment; standards
Compliance 80-76(a)
General mechanical condition; cleanli-
ness; lighting 80-76(c)
Letters, numbers required 80-76(e)
Mechanical inspection 80-76(d)
VEHICLES FOR HIRE (Cont'd.)
Substitution of equipment 80-76(g)
Taximeters 80-76(f)
Vehicle type, capacity 80-76(h)
Schedule rates and charges 80-77
Stands, depots, terminals and parking 80-82
VESSELS. See: BOATS, DOCKS AND
WATERWAYS
VESTED RIGHTS
Application for vested rights determina-
tion 115-7
Definitions 115-2
Exhaustion of administrative remedies
required 115-4
Issuance vested rights permit 115-12
Judicial review 115-12
Permit expiration; substantial deviations,
etc 115-6
Public hearing 115-11
Purpose and intent 115-1
Residential densities
Definitions 115-15
Other multi-family/apartment develop-
ment projects 115-17
Purpose and intent 115-14
Residential condominium or townhouse
projects 115-16
Review and recommendation by city
attorney 115-8
Standards for determining vested rights 115-5
Supplemental evidence 115-9
Vested rights agreements 115-10
Vested rights permits, effect 115-3
W
WASTEWATER
Sewer impact fees
Excessive quantity of 78-123
WATER SUPPLY AND DISTRIBUTION
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Public service tax generally 70-26 et seq.
See: TAXATION
Reclaimed water
Connection to the system 78-177
Definitions 78-176
Installation and inspection of the
reclaimed water system
Adoption of Chapter 62-610, F.A.C78-200
Areas embraced 78-197
Cross -connection control 78-198
Discontinuance of service 78-193
Inspections 78-192
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Supp. No. 33 CDi:48
•
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•
CODE INDEX
Section Section
WATER SUPPLY AND DISTRIBUTION
(Cont'd.)
Policies and regulations adopted;
compliance required 78-191
Public employees liability 78-196
Special magistrate or code enforce-
ment board authority and viola-
tion liability 78-195
Unauthorized use 78-199
Unlawful connections or practices 78-194
Reclaimed water uses 78-198
Right to refuse service 78-181
Usage rates 78-180
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
WATERWAYS, WATERCOURSES. See:
BOATS, DOCKS AND WATERWAYS
WEEDS AND DEAD VEGETATION
Fees schedule in general. See: FEES
(Appendix B)
Fertilizer land application
Management of grass clippings and
vegetative matter 92-10
Intent 34-121
Notice to remedy nuisance 34-123
Public nuisance prohibited 34-122
Records 34-127
Remedies by city 34-126
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
WETLANDS PROTECTION
Specific regulations 106-26 et seq.
See: LAND DEVELOPMENT CODE
WHISKEY. See: ALCOHOLIC BEVERAGES
WHISTLING
Noises, enumeration of prohibited 34-153(4)
WINE. See: ALCOHOLIC BEVERAGES
WRITS, WARRANTS AND OTHER
PROCESSES
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Y
YARD WASTE. See: SOLID WASTE
YARDS AND OPEN SPACES
Subdivisions
Land development code regulations ... 98-1 et seq.
See: LAND DEVELOPMENT CODE
YARDS AND OPEN SPACES (Cont'd)
Weeds and vegetation 34-121 et seq.
YELLING
Noises, enumeration of prohibited 34-153(4)
Z
ZONING. See also: LAND DEVELOPMENT
CODE
Amendments to map
Certain ordinances not affected by Code 1-10(a)(9)
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code 110-1 et seq.
See: LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Plats and lot splits
Division of land; review and approval
required; zoning 98-31
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
Supp. No. 33 CDi:49