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Home My WebLink AboutSupplement 18SUPPLEMENT NO. 18 March 2010 CODE OF ORDINANCES City of CAPE CANAVERAL, FLORIDA } 1 Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 01 -2010, enacted January 19, 2010. See the Code Comparative Table— Ordinances and Resolutions for further information. Remove old pages xv —xviii Checklist of up -to -date pages CD2:5, CD2:6 CD2:9, CD2:10 CD22:5, CD22:6 CD74:5, CD74:6 CD82:5— CD82:8 CD94:1— CD94:17 CD102:1— CD102:10 CD102:12.1— CD102:14 CD102:19, CD102:20 CD110:1, CD110:2 CD 110:11 —CD 110:14 CD 110:17 —CD 110:18.1 CD 110:25 —CD 110:28 CD 110:62.1 —CD 110:64 CDB:9— CDB:17 CCT:21, CCT:22 CDi:7, CDi:8 CDi:13— CDi:20 CDi:25, CDi26 CDi:27, CDi:28 CDi:41 Insert new pages xv —xviii Checklist of up -to -date pages (following Table of Contents) CD2:5— CD2:6.1 CD2:9, CD2:10 CD22:5, CD22:6 CD74:5, CD74:6 CD82:5— CD82:8.1 CD94:1— CD94:21 CD102:1— CD102:10.1 CD 102:1.3 —CD 102:14.2 CD102:19, CD10220 CD110:1— CD110:2.1 CD110:11— CD110:14.1 CD110:17— CD110:18.2 CD110:25— CD110:28 CD110:62.1— CD110:63 CDB:9— CDB:17 CCT:21, CCT:22 CD0, CDi:8 CDi:13— CDi:20.1 CDi:25, CDi:26 CDi:27, CDi:28 CDi:41 INSTRUCTION SHEET—Contd. Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576 -3171 1 -800 -262 -CODE Website: www.municode.com Supp. No. 18 xv TABLE OF CONTENTS—Contd. Chapter Page Art. III. Local Business Tax ......................... CD70:6 71 -73. Reserved ........... ............................... CD71:1 74. Traffic and Vehicles ...... ............................... CD74:1 Art. I. In General .... ............................... CD74:3 Art, II. Trucks ....... ............................... CD74:3 Art, III. Stopping, Standing, Parking ................ CD74:4 75 -77. Reserved ........... ............................... CD75:1 78. Utilities ................. ............................... CD78:1 Art. I. In General .... ............................... CD78:3 Art. II. Sanitary Sewer System ....................... CD78:3 Div. 1. Generally ............................... CD78:3 Div. 2. Industrial and Commercial Use ........... CD78:5 Subdiv. I. In General ....................... CD78:5 Subdiv. II. Building Sewers and Connections . CD78:11 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 ............................ CD78:25 l Div. 1. Generally ............................... CD78:25 J 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 79. Reserved ................ ............... ................ CD79:1 80. Vehicles for Hire ......... ............................... CD80:1 Art. I. In General .... ............................... CD80:3 Art. II. Certificate of Public Convenience and Necessity, 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. Reserved ..... ............................... CD82:9 Art. VI. Reserved .... ............................... CD82:9 Art. VII. Reserved ... ............................... CD82:9 Art. VIII. Reserved .. ............................... CD82:9 Supp. No. 18 xv CAPE CANAVERAL CODE CD98:1 Chapter Page Art. IX. International Property Maintenance Code .... CD82:10 Art. X. Reserved ..... ............................... CD82:10 Arts. XI —XIII. Reserved ............................ CD82:11 Art. XIV. Numbering of Buildings and Property....... CD82:11 Art. XV. Citations; Unlicensed Contractors; Failure to CD98:11 Obtain Building Permit ..................... CD82:11 Art. XVI. Temporary Storage Units .................. CD82:14 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 .... ............................... CD90:3 Art. II. Flood Damage Prevention .................... CD90:3 Div. 1_ Generally ............................... CD90:3 Div. 2. Administration .......................... CD90:7 Div. 3. Flood Hazard Reduction .................. CD90:10 Art. III. Floodplain Protection ....................... Art. IV. Stormwater Management .................... CD90:15 CD90:17 Div. 1. Generally ............................... CD90:17 Div. 2. Permit ... ............................... CD90:20 Div. 3. Performance Standards .................. CD90:22 Div. 4. Design Standards ........................ CD90:24 Div. 5. Maintenance ............................ CD90:26 91 -93. Reserved ........... ............................... CD91:1 94. Signs ................... ............................... CD94:1 Art. I. In General .... ............................... CD94:3 Art. II. Permits and Inspection ...................... CD94:10 Art. III. Size, Location and Construction ............. CD94:13 Div. 1. Generally ............................... CD94:13 Div. 2. Types of Signs ........................... CD94:15 Div. 3. District Regulations ...................... CD94:18 95 -97. Reserved ........... ............................... CD95:1 98. Subdivisions ............ ............................... CD98:1 Art. I. In General .... ............................... CD98:3 Art. II. Plats ........ ............................... CD98:7 Div. 1. Generally ............................... CD98:7 Div. 2. Preapplication ........................... CD98:8 Div. 3. Preliminary Plat ......................... CD98:8 Div. 4. Final Plat ............................... CD98:11 Art. III. Construction ............................... CD98:13 Div. 1. Generally ............................... CD98:13 Div. 2. Permit ... ............................... CD98:13 Supp. No. 18 xvi Div. 1. Generally ............................... CD110 :46.4 J Div. 2. Development Plans ...................... CD110:49 Supp, No. 18 xvii TABLE OF CONTENTS- Confd. Chapter Page Div. 3. Inspections; Certificate of Completion ..... CD98 :14 Art. IV. Improvements .............................. CD98:15 Div. 1. Generally ............................... CD98:15 Div. 2. Design Standards ........................ CD98:18 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 ........................... CD102:3 103 -105. Reserved ......... ............................... CD103:1 106. Waterways ............. ............................... CD 106:1 Art, I. In General .... ............................... CD106:3 Art. II. Wetlands Protection ......................... CD106.3 107 -109. Reserved ......... ............................... CD107:1 110. Zoning ................. ............. ............ . ..... CD110:1 Art. I. In General .... ............................... CD110:7 Art. II. Procedure; Land Use Decisions ............... CD110:15 Div. 1. Generally ............................... CD110 :15 Div. 2. Rezonings .............. ................. Div. 3. Variances CD110:18.1 CD110:19 Div. 4. Special Exceptions ....................... CD110:20 Div. 5. Administrative Appeals .................. CD110:21 Art. III. Administration and Enforcement ............ CD110:22 Div. 1. Generally ............................... CD110:22 Div. 2. Permits .. ............................... CD110:23 Div. 3. Certificate of Occupancy .................. CD110:24 Div. 4. Reserved . ............................... CD110:25 Art. IV. Special Exceptions .......................... CD110:25 Div. 1. Generally ............................... CD110:25 Div. 2. Alcoholic Beverages ...................... CD110:25 Art. V. Nonconformities ............................. CD110:29 Art. VI. Site Plans ... ............................... CD110:30.4 Art. VII. Districts ... ............................... CD110:30.7 Div. 1. Generally ............................... CD110:30.7 Div. 2. R -1 Low Density Residential District...... CD110:33 Div. 3. R -2 Medium Density Residential District.. CD110:34 Div. 4. R -3 Medium Density Residential District.. CD110:36 Div. 5. C -1 Low Density Commercial District ..... CD110:38 Div. 6. M -1 Light Industrial and Research and De- velopment District ....................... CD110:39 Div. 7. Townhouses ............................. CD110:43 Div. 8. C -2 Commercial/Manufacturing District ... CD110:44 Art. VIII. Residential Planned Unit Developments .... CD110:46.4 Div. 1. Generally ............................... CD110 :46.4 J Div. 2. Development Plans ...................... CD110:49 Supp, No. 18 xvii CAPE CANAVERAL CODE 1 Chapter Page Div. 3. Land Use Regulations .................... CD110:56 Art. IX, Supplementary District Regulations.......... CD110:59 Div. 1. Generally ............................... CD 110:59 Div. 2. Offstreet Parking ........................ CD110:66.3 Div. 3. Offstreet Loading ........................ CD110:66.5 Div. 4. Home Occupations ....................... CD110:66.5 Div. 5. Setbacks . ............................... CD110:66.6 Div. 6. Vehicles and Vessels ..................... CD110:67 Div. 7. Landscaping and Vegetation .............. CD110:70 Div. 8. Swimming Pools ............... I......... CD110:72 111 -114. Reserved .......... ............................... CD 111.1 115. Vested Rights .......... ............................... CD115:1 Art. I. In General .... ............................... CD115:3 A. Franchises ............. ............................... CDA:1 Art. I. Cable Television Franchise .................... CDA:3 Art. II_ Electric ...... ............................... CDA:14 Art. III. Gas Franchise Agreement ................... CDA:17 Art. IV. Telephone ... ............................... CDA:28 Art. V. Water ........ ............................... CDA:31 B. Code Schedule of Fees ....... ............................... Comparative Table —Laws of Florida .................... CDB:1 CCT:1 Code Comparative Table 1981 Code ......................... CCT:3 Code Comparative Table— Ordinances and Resolutions ......... CCT:9 State Law Reference Table .... ............................... SLTA Charter Index ................ ............................... CHTi:1 Code Index .................. ............................... CDi:1 Supp. No. 18 iii 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 OC CD1:7 12 iii OC CD2 :1, CD2:2 15 V, vi OC CD2:3 17 vii OC CD2:5, CD2:6 18 ix, x 1 CD2:6.1 18 xi, xii 17 CD2:7, CD2:8 10 xiii, xiv 17 CD2:9, CD2:10 18 xv, xvi 18 CD2:11, CD2:12 12 xvii, xviii 18 CD2:13, CD2:14 14 CHT:1, CHT:2 OC CD2:14.1, CD2:14.2 14 CHT:3 OC CD2:14.3, CD2:14.4 14 CHT:5, CHT:6 OC CD2:15, CD2:16 10 CHT:7, CHT:8 7 CD2:17, CD2:18 10 CHT:8.1 7 CD2:19, CD2:20 11 CHT:9, CHT:10 OC CD2:21, CD2:22 17 CHT:11, CHT:12 OC CD2:22.1 17 CHT:13, CHT:14 OC CD2:23, CD2:24 13 CHT:15, CHT:16 OC CD2:25, CD2:26 17 CHT:17, CHT:18 1 CD2:26.1, CD2:26.2 17 CHTCTJ OC CD2:26.3, CD2:26.4 17 CHTCT:3 7 CD2:26.5 17 CD1:1 OC CD2:27, CD2:28 13 CD1:3, CD1:4 OC CD2:29 13 CD1:5, CD1:6 12 CD3:1 OC \ Supp. No. 18 1 [1] CAPE CANAVERAL CODE Page No. Supp. No. Page No. Supp. No. CD6:1 15 CD22:7, CD22:8 11 CD6:3, CD6:4 17 CD22:9 17 CD6:5, CD6:6 15 CD23A OC CMA OC CD26:1 15 CD10:1, CD10:2 16 CD26:3 17 CD10:3, CD10:4 17 CD27:1 OC CD10:5, CD10:6 13 CD30:1 11 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CD110:63 18 CCT:1 OC CD110.64.1, CD110:64.2 5 CCT:3, CCTA OC CD110:64.3, CD110:64.4 6 CCT:5, CCT:6 OC CD110:64.5, CD110:64.6 6 CCT:7, CCT:8 OC CD110:64.7, CD110:64.8 6 CCT:9, CCT:10 OC CD110:65, CD110:66 15 CCT:11, CCT:12 OC CD110:66.1, CD110:66.2 16 CCT:13, CCT :14 7 CD110:66.3, CD110:66.4 16 CCT:15, CCT:16 8 CD110:66.5, CD110:66.6 16 CCT:17, CCT:18 12 CD110:66.7 16 CCT:19, CCT :20 16 CD110:67, CD110:68 8 CCT:21, CCT:22 18 CD110:69, CD110:70 14 SLT:1, SLT:2 17 CD110:71, CD110:72 17 SLT:3 17 CD111:1 12 CHTi:I, CHTi:2 OC CD115:1 12 CHTi:3, CHTi:4 OC CD115:3, CD115:4 12 CHTi:5 OC CD115:5, CD115:6 12 CDi:1, CDi:2 15 CD115:7 12 CDi:3, CDi:4 17 CDAJ, CDA:2 7 CDi:5, CDi:6 17 CDA:3, CDAA 7 CDi:7, CDi:8 18 CDA:5, CDA:6 7 CDi:9, MAO 17 CDA:7, CDA:8 7 CDi:10.1 17 CDA:9, CDA:10 7 CDi:11, CDM2 16 CDA:11, CDA:12 7 CDi:13, CDi:14 18 CDA:13, CDA: 14 7 CDi:15, CDi:16 18 CDA:15, CDA:16 7 CDi:17, CDi:18 18 CDA:17, CDA:18 7 CDi:19, CDi:20 18 CDA:19, CDA:20 7 CDi:20.1 18 CDA:21, CDA:22 7 CDi:21, CDi:22 17 CDA:23, CDA:24 7 CDi:23, CDi:24 17 Supp. No. 18 151 CAPE CANAVERAL CODE Page No. Supp. No. CDi:25, CDi:26 18 CDi:27, CDi:28 18 CDi:29, CDi:30 17 CDi:31, CDi:32 17 CDi:33, CDi:34 17 CDi:34.1 17 CDi:35, CDi:36 16 CDi:37, CDi:38 17 CDi:38.1 17 CDi:39, MAO 16 MAI 18 Supp. No. 18 [6] J ADMINISTRATION ARTICLE 1. IN GENERAL Secs. 2- 1 -2 -25. Reserved. ARTICLE 11. CITY COUNCIL` DIVISION 1. GENERALLY Sec. 2 -26. Elections. All powers and duties of the city specified in the city Charter in the general laws of the state are vested in the city council. The city council is composed of five members who are elected at large by the registered electors of the city. Two members are elected each year to three -year terms, except on every third year only one mem- ber, who is also the mayor, is elected to a three - year term. Further, should any general election include the election of a council person due to a vacancy in that office pursuant to article III, section 4, of the Charter, then the unexpired term shall be filled by the candidate receiving the third greatest number of votes, or the second greatest number of votes in third year elections involving only the mayor. Should more than one vacancy be filled at the election, then those receiving the greatest number of votes shall be declared elected for the longest terms. (Code 1981, § 231.01; Ord. No. 35 -93, § 1(231.01), 10- 19 -93) Charter references City council compensation, art. III, § 3; city council vacancies, art. III, § 4. Cross reference — Elections, ch. 26. Sec. 2 -27. Uncontested elections. If the number of candidates qualifying for an election which does not include city council posi- tions resulting from vacancies of unexpired terms does not exceed the number of positions to be filled by the election, a general election shall not be held and each candidate shall take office for a full term. If the number of candidates qualifying *Charter references —City council, qualifications and terms, filling of vacancies, art. III; mayor, art. IV. Cross reference —The mayor or city manager in the case of the absence of the mayor, or any available councilmember in the absence of the mayor and city manager, may declare a state of emergency, § 18 -2. Supp. No. 18 § 2 -55 for an election which includes city council posi- tions resulting from vacancies of unexpired terms does not exceed the number of positions to be filled by the election, each candidate shall file with the city clerk within ten days after the close of the qualifying period specified in section 26 -3 a designation which specifies whether the term sought by the candidate is a full term or unex- pired term of a vacancy. If such designations by all candidates do not produce an excess of candi- dates seeking full terms or vacant terms over the respective number of full terms or vacant terms, a general election shall not be held and candidates shall take office in accordance with results of the designations. If a candidate fails to make the designation in the time above stated, the candi- date shall be deemed to have made a designation for a full term. (Ord. No. 35 -93, § 2(231.02), 10- 19 -93) Sec. 2 -28. Reserved. Editor's note — Ordinance No. 1 -95, § 1, adopted February 21, 1995, repealed § 2 -28, which pertained to councilmembers' areas of interest and derived from § 27.108 of the 1981 Code and Ord. No. 39 -93, § 2, 10- 19 -93. Sees. 2- 29 -2 -40. Reserved. DIVISION 2. COMPENSATIONt Sec. 2 -41. Established for councilmembers other than mayor. The compensation for the members of the city council other than the mayor shall be $2,400.00 per year. (Code 1981, § 311.02; Ord. No. 30 -94, § 2, 8 -2 -94) Sec. 2 -42. Established for mayor. The compensation for the mayor shall be $3,200.00 per year. (Code 1981, § 311.01; Ord. No. 30 -94, § 2, 8 -2 -94) Secs. 2- 43 -2 -55. Reserved. #Charter reference — Compensation, art. III, § 3. CD2:5 § 2 -56 DIVISION 3. MEETINGS Sec. 2 -56. Regular meetings. CAPE CANAVERAL CODE The city council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. The city council may, on an as- needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by law as a legal national holiday, such meeting shall be held on the next succeeding day not a holiday. Regular meetings may be otherwise postponed, canceled or resched- uled only by motion adopted at a regular meeting by a majority vote of the city council. All regular meetings shall be held in the city hall annex or such other place as designated by a majority of the council in open session. (Code 1981, § 271.02; Ord. No. 24 -93, § 1(271.02), 8- 17 -93; Ord. No. 10 -2009, § 2, 9 -15 -09) Sec. 2 -57. Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (1) By an affirmative vote of a majority of the city council pursuant to the Charter, art. v, §1. (2) By serving the city clerk notice in writing and signed by a majority of the city coun- cil. The clerk shall immediately give ver- bal or written notice to each member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other busi- ness shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. (3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an emergency exists which requires immediate action by the council. The clerk shall immediately at- *Charter references — Meetings, art. V, § 1; rules of procedure, art. V, § 2. State law reference— Public meetings, F.S. ch. 286. tempt to give notice to each member of the council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reason- able diligence, it is impossible to give notice to each councilmember, such fail- ure shall not affect the legality of the meeting. (b) All special meetings shall be held in the city hall or such other place as designated by a majority of the council in open session and shall be open to the public and the press. (Code 1981, § 271.03; Ord. No. 04 -2002, §§ 1, 2, 3- 19 -02) Sec. 2 -58. Workshop meetings. Workshop meetings may be called to informally discuss matters relating the city business, includ- ing matters to be placed on the agenda for the succeeding regular council meeting, by a verbal notice served on the city clerk at a regular meet- ing of the city council or in writing and signed by a majority of the councilmembers. Workshop meet- ings shall be held in the city hall annex or any other place so designated by council to [be] the, locations of workshop meetings and shall be open to the public and press. Notice of workshop meet- ings shall be posted 24 hours in advance at the city hall. Minutes of the workshop meeting shall be prepared and distributed to council members. (Code 1981, § 271.04; Ord. No. 23 -93, § 1(271.04), 8- 17 -93; Ord. No. 26 -95, § 1, 11 -9 -95; Ord. No. 04 -2002, § 3, 3- 19 -02) Sec. 2 -59. Preparation of ordinances and res- olutions prior to meeting. All ordinances and resolutions prepared shall be filed with the city clerk and a permanent reference number assigned prior to consideration by the council at any regular meeting. A copy shall normally be furnished to each councilmember at the workshop meeting prior to the regular meeting at which the ordinance or resolution Supp. No. 18 CD2:6 ADMINISTRATION § 2 -59 shall be considered. A copy of the ordinance or resolution for adoption at the regular meeting is furnished in the council agenda packet. (Code 1981, § 271.05(D); Ord. No. 04 -2002, § 4, 3- 19 -02) Cross preferences —City clerk, § 2 -116 et seq.; city attor- ney, § 2 -126 et seq. Supp. No. 18 CD2:6.1 This page is intentionally left blank r r J ADMINISTRATION Sec. 2 -68. General discussion. Every regular meeting of the city council shall include a period of time limited to one hour for the purpose of a question and answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations set forth in section 2 -66(g) and (h) shall apply. (Code 1981, § 271.17; Ord. No. 10 -2009, § 2, 9- 15 -09) Sec. 2 -69. Adjournment. A motion to adjourn the meeting of the city council shall always be in order and shall be decided without debate. City council meetings shall adjourn no later than 10:00 p.m. The city council may extend the meeting by super- major- ity vote of the city council present at the time of adjournment required by this section. (Code 1981, § 271.18; Ord. No. 10 -2009, § 2, 9- 15 -09) Sec. 2 -70. Eminent domain powers. Notwithstanding the United States Supreme Court's decision in Kelo v. City of New London, 125 S. Ct. 2655 (2005), and any other authority under Florida law, the city council shall not exer- cise the power of eminent domain solely for eco- nomic development purposes. Any exercise of such power shall be declared void ab initio. (Ord. No. 14 -2005, § 2, 9 -6 -05) Secs. 2- 71 -2 -90. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES* DIVISION 1. GENERALLY Secs. 2 -91 -2 -100. Reserved. *Charter reference — Superintendent of public works, art. XV. Cross references — Purchasing procedure, § 2 -216 et seq:; the mayor or city manager in the case of the absence of the mayor, or any available councilmember in the absence of the mayor and city manager, may declare a state of emergency, § 18 -2; fire department, § 38 -56 et seq.; police department, § 42 -26 et seq. Supp. No. 18 DIVISION 2. CITY MANAGERT § 2 -101 See. 2 -101. Powers and duties. The city manager shall have the following powers and duties: (1) Provide sustained administrative leader- ship and coordination of staff and board activities in carrying out the acts and directives of the city council, through over- all supervision and coordination. In this capacity, he coordinates the activities of staff and boards to ensure that adequate information and recommendations in im- portant areas are expeditiously consid- ered by the staff and boards and brought promptly to the attention of the council. (2) Review with the council and with heads of the several boards and offices the pro- grams and projects of the city and make recommendations thereon as may be nec- essary to administer the city most effec- tively in the public interest. (3) Assist the mayor in carrying out the ad- ministrative and executive responsibili- ties delegated to the mayor and, in con- nection with these responsibilities, to plan, direct, coordinate and manage the admin- istrative affairs of the council. (4) Prepare and submit the annual budget to the city council. (5) Appoint and, when deemed necessary for the good of the service, suspend or remove all city employees and appointive admin- istrative officers provided for by and un- der the Charter, except as otherwise pro- vided by law, the Charter or personnel rules. The city manager may authorize any administrative officer who is subject to the city manager's direction and super- vision to exercise these powers with re- spect to subordinates in that officer's de- partment, office or division. 'Charter reference — Appointment by city council, art. N > §2. Cross reference —The mayor or city manager in the case of the absence of the mayor, or any available councilmember in the absence of the mayor and city manager, may declare a state of emergency, § 18 -2. CD2:9 § 2 -101 CAPE CANAVERAL CODE (6) Direct and supervise the administration of all departments, offices and divisions of the city, except as provided by the Charter or by law. (7) Perform such other duties as are specified in the Charter or as may be required by the city council. (Code 1981, § 231.11) Sec. 2 -102. Acting city manager. The city manager, or in his absence, the city council, shall appoint an acting city manager. The acting city manager shall act for the city manager during sickness or absence of the city manager and shall be responsible for the functions of the office. (Code 1981, § 231.13 Ord. No. 03 -2002, § 1, 3- 19 -02) Cross reference City clerk, § 2 -116 et seq. Secs. 2- 103 -2 -115. Reserved. DIVISION 3. CITY CLERK* Sec. 2 -116. Duties. The city clerk has the duties and responsibili- ties to: (1) Pursuant to F.S. § 119.021 and the Char- ter, be custodian of all public records of the city, as defined in F.S. § 119.011, and the seal of the city. (2) Be secretary of the council and perform those duties specified in the council rules of procedure. (3) Directly administer and supervise the units of the office. (Code 1981, § 231.21(A), (B), (E)) Secs. 2- 117 -2 -125. Reserved. DIVISION 4. CITY ATTORNEY' Sec. 2 -126. Duties. The city attorney has the duties and responsi- bilities to: (1) Advise and represent the city council in matters of litigation. (2) Advise and make recommendations to the city council with respect to proposed leg- islation and coordinate the preparation of council views on proposed or current state or federal law. (3) Interpret state or federal law. (4) Prepare and make recommendations and interpretations concerning procedural rules; prepare ordinances and resolutions on request of the city council and city boards; and review all ordinances for con- sistency, uniformity and legal sufficiency. (5) Conduct research in legal matters as di- rected by the council. (6) Perform all legal functions with respect to leases, contracts, tort claims and such other internal legal problems as may arise. (7) Directly administer and supervise the units of the office. (Code 1981, § 231.31) Charter reference — Duties, art. VII, § 2. Sec. 2 -127. Attendance at council meetings. The city attorney or the assistant city attorney in his absence shall be available to the city council at all meetings, unless excused by the council. He shall act as parliamentarian at all meetings and shall advise and assist the presiding officer in matters of parliamentary law. (Code 1981, § 271.11) Secs. 2 -128 -2 -140. Reserved. *Charter reference— Appointment by city manager, art. VIII, § 1. #Charter references — Appointment by city council, art. Cross references — Preparation of ordinances and resolu- IV, § 2; city attorney qualifications, etc., art. VII. tions, § 2 -59; minutes of the city council meeting, § 2 -65; the Cross reference — Preparation of ordinances and resolu- city clerk may be appointed deputy city manager, § 2 -102. tions, § 2 -59. 1 Supp. No. 18 CD2:10 COMMUNITY DEVELOPMENT the quality of life and civic pride of all people who reside, work, vacation, or spend time in Cape Canaveral. (c) The facilitator of this effort shall be the community appearance board whose primary pur- pose shall be to encourage uniform architectural standards and cohesive community development consistent with the intent and purpose of this article. (d) The cultural character and beauty of Cape Canaveral involves, among other things, the aes- thetic quality of all one sees in moving about the entire community. Consequently, the ultimate de- signers and developers of buildings and struc- tures must be informed of the larger context in which their particular works will be viewed within the community. The task of the community ap- pearance board shall be to provide a mechanism by which proposed new development and modifi- cations or rehabilitations (of buildings and struc- tures) can be reviewed and approved, in a uniform manner, so as to be in harmony with the compre- hensive architecturally related policies, objectives and standards adopted by Cape Canaveral for the overall betterment of the community. (e) It is recognized by the Florida Supreme Court that zoning solely for aesthetic purposes is not outside the scope of the police power of mu- nicipal governments, like Cape Canaveral. It has also been judicially recognized in Florida (and in other jurisdictions) that the promotion of aes- thetic beauty also protects property values, tour- ism, and other economic interests which Cape Canaveral deems vital to the community. (f) Zoning is the single most powerful legal enforcement of an overall urban concept, but alone it does not create beauty, aesthetic order, or amenity. The task of the community appearance board shall be to preserve various elements of urban beauty and require that new projects being developed enhance existing development and the landscape of the community. (g) The essential foundation of beauty in com- munities is harmony. The plan for achieving beauty must grow out of out special local characteristics of site, development and redevelopment potential. Supp. No. 18 § 22 -39 Some local areas of natural beauty are the beaches, ocean and the Banana River. The vistas and visual delight of these should only be enhanced. (Ord. No. 16 -95, § 2, 12- 19 -95) Sec. 22 -37. Board established; membership; qualifications of members. (a) Established. There is hereby established a community appearance board which shall consist of five members. (b) Qualifications. All members shall be qual- ified by reason of training or expertise in art, architecture, community planning, land develop- ment, real estate, landscape architecture or other relevant business or profession, or by reason of civic interest so as to be considered a sound judge of the aesthetic effect and impact upon property values, desirability, and the economic, social and cultural patterns of the community of a proposed building or structure on surrounding areas. (Ord. No. 16 -95, § 2, 12- 19 -95; Ord. No. 1 -98, § 1, 2- 17 -98; Ord. No. 07 -2003, § 2, 3 -4 -03; Ord. No. 12 -2003, § 4, 7 -1 -03) Sec. 22 -38. Reserved. Editor's note —Ord. No. 12- 2003, § 4, deleted section 22 -38, which pertained to rules of conduct of board business and derived from Ord. No. 16 -95, § 2, adopted Dec. 19, 1995. Sec. 22 -39. Proceedings of the board. (a) Meetings shall be held on the first and third Wednesday of each month unless no busi- ness is presented to the board for a particular meeting. The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. (b) The city shall provide administrative, le- gal, architectural and other professional expert services deemed necessary for the board to per- form its duties and obligations under this article. (Ord. No. 16 -95, § 2, 12- 19 -95; Ord. No. 12 -2003, § 4, 7 -1 -03; Ord. No. 01 -2010, § 2, 1- 19 -10) CD22:5 § 22-40 CAPE CANAVERAL CODE Sec. 22 -40. Approval prerequisite for per- Sec. 22 -42. Procedure. mits. (a) Submission of application. All applicants (a) Without exception, the following shall be for a building permit, subject to the provisions of approved by the community appearance board this article, shall submit to the building official before a permit is issued for development of property which has an exterior, visual impact or effect on the community: (1) All plans, elevations and proposed signs for buildings or structures within any zoning district, or any alterations thereto. (2) Exterior building and roof colors for non- residential development within the C -1, C-2, and M -1 zoning districts, or any alterations thereto. (b) Notwithstanding paragraph (a) of this sec- tion, if the building official determines (at his sole discretion) that a building permit application is minor or insignificant, the building official may grant the permit without submitting the applica- tion to the community appearance board for ap- proval, providing the permit is consistent with the intent and purpose of this article. For pur- poses of this paragraph, the phrase "minor or insignificant" shall mean a small scale renovation or modification project affecting a small site and having a nominal exterior visual impact and effect on the community. Any party or person adversely affected by a decision made by the building official may appeal such decision to the community appearance board. (Ord. No. 16 -95, § 2, 12- 19 -95; Ord. No. 04 -2003, § 2, 2- 18 -03; Ord. No. 05 -2008, § 2, 4- 15 -08) Sec. 22 -41. Compliance with other code pro- vzsions. The requirements of this article are deemed supplemental of, and in addition to, all other applicable codes adopted by the city including, but not limited to, the land development regula- tions, and all fire and building regulations. Ap- proval of plans and specifications by the commu- nity appearance board shall be construed only for the limited purpose of complying with this article, and in no way shall the applicant construe such approval as evidence of compliance with any other applicable city codes and regulations. (Ord. No. 16 -95, § 2, 12- 19 -95) Supp. No. 18 CD22:6 TRAFFIC AND VEHICLES Sec. 74 -57. Penalties. (a) Violations.) Any person violating this arti- cle shall be punished in accordance with the schedule as follows: Violation Penalty (1) Parked in excess of autho- (1) A surcharge in the amount of $10.00 is hereby imposed on all parking fines im- posed under this article for parking viola- tions occurring within the city, for the sole purpose of funding school crossing guard programs. (2) The proceeds collected from this sur- charge shall be placed in the "Cape Canaveral School Crossing Guard Trust Fund," which is hereby established, and funds collected from this surcharge shall be distributed quarterly to fund school crossing guard programs. The city may set aside funds derived from this sur- charge to pay for star -up costs and recur- ring administrative costs related to print- ing new tickets or other means of implementing the school crossing guard program. (Code 1981, § 685.06; Ord. No. 6 -93, § 1(685.06), 4 -6 -93; Ord. No. 29 -93, § 1(685.06), 9- 21 -93; Ord. Supp. No. 18 § 74 -61 No. 40 -93, § 3, 10- 19 -93; Ord. No. 1 -94, § 2, 2 -1 -94; Ord. No. 29 -2003, § 2, 9 -16 -2003; Ord. No. 14- 2009, § 2, 1 -5 -10) Sec. 74 -58. Authority to establish no park- ing zones. (a) Except as provided in subsection (b) of this section, the chief law enforcement officer may establish no parking zones by designating those places where motor vehicles are prohibited from parking. The chief law enforcement officer shall place a sign or other identifying mark indicating no parking zones. (b) The city fire chief shall designate all fire lanes in which it shall be unlawful for any vehicle to park in accordance with the provisions of section 74 -62. The city fire chief or designee is designated as a parking enforcement specialist who may enforce prohibitions against parking in fire lanes. (Code 1981, § 685.02; Ord. No. 40 -93, § 2, 10 -19- 93; Ord. No. 1 -94, § 1, 2 -1 -94) Sec. 74 -59. Dune parking prohibited. It shall be unlawful for any vehicle to park on any of the ocean dunes, and any such parking may be ticketed as a violation of this article. (Code 1981, § 685.03) Cross reference — Waterways, ch. 106. Sec. 74 -60. Truck parking. It shall be unlawful for any truck. weighing 6,000 pounds or more to park anywhere within the City of Cape Canaveral for more than four consecutive hours where so posted. (Code 1981, § 685.04; Ord. No. 11 -99, § 1, 8- 17 -99) Sec. 74 -61. Overnight parking. It shall be unlawful for any vehicle to park on any of the beach end streets east of Ridgewood Avenue between the hours of 10:00 p.m. and 5:00 a.m., and any such parking shall be ticketed as a violation of this article. For the purposes of this section, the term "beach end street" means a street within the city that has as its east terminus the Atlantic Ocean or the dune line which runs north and south parallel to the Atlantic Ocean. (Code 1981, § 685.05) CD74:5 rized time ................. $ 30.00 (2) Parked in no parking zone . 30.00 (3) Parked in loading zone ..... 30.00 (4) Parked in reserved zone with- out permit ................ 30.00 (5) Parked irregularly (extend- ing over boundary) ......... 30.00 (6) Parked in handicapped space 100.00 (7) Parked double or obstruct- ing traffic ................. 30.00 (8) Parked on sidewalk ........ 30.00 (9) Parked on ocean dunes..... 100.00 (10) Parked in fire lane......... 30.00 (11) Other ..................... 30.00 (b) Surcharge on parking fines. (1) A surcharge in the amount of $10.00 is hereby imposed on all parking fines im- posed under this article for parking viola- tions occurring within the city, for the sole purpose of funding school crossing guard programs. (2) The proceeds collected from this sur- charge shall be placed in the "Cape Canaveral School Crossing Guard Trust Fund," which is hereby established, and funds collected from this surcharge shall be distributed quarterly to fund school crossing guard programs. The city may set aside funds derived from this sur- charge to pay for star -up costs and recur- ring administrative costs related to print- ing new tickets or other means of implementing the school crossing guard program. (Code 1981, § 685.06; Ord. No. 6 -93, § 1(685.06), 4 -6 -93; Ord. No. 29 -93, § 1(685.06), 9- 21 -93; Ord. Supp. No. 18 § 74 -61 No. 40 -93, § 3, 10- 19 -93; Ord. No. 1 -94, § 2, 2 -1 -94; Ord. No. 29 -2003, § 2, 9 -16 -2003; Ord. No. 14- 2009, § 2, 1 -5 -10) Sec. 74 -58. Authority to establish no park- ing zones. (a) Except as provided in subsection (b) of this section, the chief law enforcement officer may establish no parking zones by designating those places where motor vehicles are prohibited from parking. The chief law enforcement officer shall place a sign or other identifying mark indicating no parking zones. (b) The city fire chief shall designate all fire lanes in which it shall be unlawful for any vehicle to park in accordance with the provisions of section 74 -62. The city fire chief or designee is designated as a parking enforcement specialist who may enforce prohibitions against parking in fire lanes. (Code 1981, § 685.02; Ord. No. 40 -93, § 2, 10 -19- 93; Ord. No. 1 -94, § 1, 2 -1 -94) Sec. 74 -59. Dune parking prohibited. It shall be unlawful for any vehicle to park on any of the ocean dunes, and any such parking may be ticketed as a violation of this article. (Code 1981, § 685.03) Cross reference — Waterways, ch. 106. Sec. 74 -60. Truck parking. It shall be unlawful for any truck. weighing 6,000 pounds or more to park anywhere within the City of Cape Canaveral for more than four consecutive hours where so posted. (Code 1981, § 685.04; Ord. No. 11 -99, § 1, 8- 17 -99) Sec. 74 -61. Overnight parking. It shall be unlawful for any vehicle to park on any of the beach end streets east of Ridgewood Avenue between the hours of 10:00 p.m. and 5:00 a.m., and any such parking shall be ticketed as a violation of this article. For the purposes of this section, the term "beach end street" means a street within the city that has as its east terminus the Atlantic Ocean or the dune line which runs north and south parallel to the Atlantic Ocean. (Code 1981, § 685.05) CD74:5 § 74 -62 CAPE CANAVERAL CODE Sec. 74 -62. Designation of fire lanes. (a) The city fire chief shall be authorized to designate fire lanes on or in a public street, alley, roadway or premises, or on any public property which, in his opinion, would be necessary or desirable for the free movement of fire apparatus or of firefighting personnel responding to or oper- ating at a scene of a fire or other public emer- gency. (b) Designated fire lanes authorized by the city fire chief shall be appropriately identified with signs bearing the words "Fire Lane, No Parking." The signs and lettering shall be stan- dard information type traffic signs, with red let- ters on white background. In addition, the city fire chief may require diagonal striping placed on or in any public street, alley, roadway or premises or on any public property or any private property to which the public has access and the words "Fire Lane, No Parking" painted thereon in letters no less than 18 inches in length. (c) The city fire chief may require, as a condi- tion of the issuance of a building permit, site plan or development plan, that the owner thereof des- ignate fire lanes on the property subject to the building permit, site plan or development plan when the city fire chief determines that such designation is necessary to protect the public health, safety and welfare. Any such private prop- erty designated as a fire lane shall be marked in accordance with subsection (b) of this section and subject to the provisions of subsection (d) of this section. (d) Vehicles, equipment or materials parked or stored in an area designated as a fire lane shall be removed, ticketed and/or impounded upon the order of the city fire chief or designee or the chief law enforcement officer of the city, and all costs of such removal and impounding shall be assessed against the owner, lessee or other person having control of such vehicle, equipment or material. (Ord. No. 1 -94, § 3, 2 -1 -94) Sec. 74 -63. County's civil traffic infraction hearing officer program adopted. Pursuant to F.S. chs. 316 and 318, the city shall participate in the county's civil traffic hearing officer program as set forth in sections 106 -75, 106 -76, 106 -77 and 106 -49, excepting that certain fee schedule as adopted in 106- 49(a)(1) of the ordinances of the county. (Ord. No. 6 -95, § 1, 3- 21 -95) Supp. No. 18 CD74:6 i i '�_) BUILDINGS AND BUILDING RDGULATIONS purpose in a manner exhibiting wanton and will- ful disregard of the safety, health and welfare of the public. (Ord. No. 06 -2001, § 1, 12 -4 -01) Sec. 82 -14. Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time work is commenced. The permit shall be- come invalid after three years from the date of its issuance in zoning districts of the city, unless the building or buildings subject to the permit have exteriors and landscaping which are in substan- tial compliance with the plans and specifications and comply with the provisions of section 34 -96, section 34 -97, subsections 34- 98(3) —(9), and (11), section 34 -99, and section 34 -122 of the City Code of Ordinances. Extensions of time for building permits may be granted only by the city council. Further, any unfinished buildings or structures for which a permit has lapsed or otherwise be- come invalid, and where the appearance and other conditions of such unfinished building or structure substantially detracts from the appear- ance of the immediate neighborhood, or reduces the value of property in the immediate neighbor- hood, or is a nuisance shall be deemed to be a violation of the above referenced code sections, which violation may be enforced by the code enforcement board. (Ord. No. 06- 2001, § 1, 12 -4 -01) Sec. 82 -15. Schedule of permit fees. (a) Payment. No permit required under this chapter shall be issued unless and until all permit fees and permit fines established by resolution of the city council are paid in full. Supp. No. 18 CD82:5 § 82 -17 (b) Amendment of permit. An amendment to a permit shall not be approved or issued unless and until any additional fees are paid in full. (c) Refund. No refund of any permit fees shall be issued after the expiration of 30 calendar days from the date of issuance as stated on such permit. Administrative and plan review fees shall not be subject to refund under any circumstances. (d) Final inspection. Failure to obtain a final approved inspection for a permit prior to its expiration shall result in a $100.00 fine being levied against the permit applicant. No further permits may be issued to any permit applicant with an outstanding fine, or to any permit appli- cant with an expired permit due to failure to obtain a final inspection, until all such outstand- ing fines are paid in full. However, the building official may waive such fine and/or restriction for good cause shown. (Ord. No. 06 -2001, § 1, 12 -4 -01; Ord. No. 08 -2009, § 2, 8- 18 -09) Sec. 82 -16. Additional data. The building official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal. (Ord. No. 06 -2001, § 1, 12 -4 -01) Sec. 82 -17. Hazardous occupancies. The building official may require the following: (1) General site plan. A general site plan drawn at a legible scale which shall in- clude, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical load- ing areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be iden- tified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. § 82 -17 CAPE CANAVERAL CODE (2) Building floor plan. A building floor plan drawn to a legible scale, which shall in- clude, but not be limited to, all hazardous materials storage facilities within the build- ing and shall indicate rooms, doorways, corridors, exits, fire -rated assemblies with their hourly ratings, location of liquid - tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored. (Ord. No. 06 -2001, § 1, 12 -4 -01) Sec. 82 -18. Special foundation permit. When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the building official may, at his discretion, issue a special permit for the founda- tion only. The holder of such a special permit is proceeding at his or her own risk and without assurance that a permit for the remainder of the work will be granted or that corrections will not be required in order to meet provisions of the technical codes. (Ord. No. 06 -2001, § 1, 12 -4 -01) Sec. 82 -19. Public right -of -way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other append- ages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application for right -of -way permits from the authority having jurisdiction over the street, alley or public lane. (Ord. No. 06 -2001, § 1, 12 -4 -01) Sec. 82 -20. Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any build- ing, electrical, gas, mechanical, or plumbing sys- tems for which an application has been received for a permit to enlarge, alter, repair, move, demol- ish, install, or change the occupancy. The building official shall inspect all building structures, elec- trical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make record of every such examination and in- spection and of all violations of the technical codes. Sec. 82 -21. Inspection service. The building official may make, or cause to be made, the inspections required by the Florida Building Code. He or she may accept reports of inspectors of recognized inspection services, pro- vided that after investigation he is satisfied as to their licensure qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are in writing and certified by the building code inspector or the architect or engineer per- forming building code inspections. The building official shall ensure that all persons making such inspections shall be certified in accordance to F.S. ch. 468. (Ord. No. 06 -2001, § 1, 12 -4 -01) Sec. 82 -22. Tests. For products not covered under the statewide product evaluation and approval system, the build- ing official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency. (Ord. No. 06 -2001, § 1, 12 -4 -01) Sec. 82 -23. Violations and penalties. Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the require- ments thereof, or who shall erect, construct, alter, install, demolish or move any structure, electri- cal, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted there under, shall be guilty of a misde- 1 Supp. No. 18 CD82:6 f BUILDINGS AND BUILDING REGULATIONS meanor of the second degree punishable under section 1 -15 of the City of Cape Canaveral Code of Ordinances. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued, and upon conviction of any such viola- tion such person shall be punished within the limits and as provided by Florida laws. (Ord. No. 06 -2001, § 1, 12 -4 -01) Secs. 82- 24- 82 -30. Reserved. ARTICLE II. BUILDING CODE Sec. 82 -31. Florida Building Code adopted. The Florida Building Code 2007 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. (a) Board of adjustment and appeals. The construction board of adjustment and ap- peals shall serve as the board of adjust- ment and appeals for this Code. (b) Wind speed zone: All of the city as de- scribed within the City Charter, article 1, section 2, is in the wind speed zone of 130 mph, three - second gust. (c) Wind exposure category. All of the city as described within the City Charter, article 1, section 2, is in the wind exposure cate- gory exposure "C." (d) Wind borne debris region. All of the city as described within the City Charter, article 1, section 2, is in the wind borne debris region. (Ord. No. 06 -2001, § 1, 12 -4 -01; Ord. No. 12 -2005, § 2, 10 -4 -05; Ord. No. 02 -2009, § 2, 3 -3 -09) Sec. 82 -32. Establishment of construction board of adjustment and appeals. There is hereby established a board to be called the construction board of adjustment and ap- peals, which shall consist of five members. (a) Composition. Members of the construc- tion board of adjustment and appeals Supp. No. 18 § 82 -33 should be composed of individuals with knowledge and experience in the techni- cal codes, such as design professionals, contractors or building industry represen- tatives- (b) Powers. The construction board of adjust- ments and appeals shall have the power, as further defined in section 82 -33, to hear appeals of decisions and interpreta- tions of the building official and consider variances of the technical codes. (Ord. No. 06 -2001, § 1, 12 -4 -01; Ord. No. 12 -2003, § 8, 7 -1 -03) Sec. 82 -33. Appeals. (a) Decisions of the building official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the construction board of adjustment and appeals whenever any one of the following conditions are claimed to exist: (1) The building official rejected or refused to approve the mode or manner of construc- tion proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. (2) The provisions of this code do not apply to this specific case. (3) That an equally good or more desirable form of installation can be employed in any specific case. (4) The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly inter- preted. (b) Variances. The construction board of adjust- ments and appeals, when so appealed to and after a hearing, may vary the application of any provi- sion of this code to any particular case when, in its opinion, the enforcement thereof would do mani- fest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: (1) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. CD82:7 § 82 -33 CAPE CANAVERAL CODE (2) That the special conditions and circum- stances do not result from the action or inaction of the applicant. (3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service sys- tem. (4) That the variance granted is the mini- mum variance that will make possible the reasonable use of the building, structure or service system. (5) That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detri- mental to the public health, safety and general welfare. (c) Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or com- pleted or both. In addition, the board may pre- scribe appropriate conditions and safeguards in conformity with this code. Violation of the condi- tions of a variance shall be deemed a violation of this code. (d) Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official. Appeals shall be in a form acceptable to the building official. (e) Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the build- ing official, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such appeals to a shorter period. (Ord. No. 06- 2001, § 1, 12 -4 -01) Sec. 82 -34. Procedures of the board. (a) Rules and regulations. The board shall establish rules and regulations for its own proce- dure not inconsistent with the provisions of this code. The board shall meet on call of the chairper- son. The board shall meet within 30 calendar days after notice of appeal has been received. (b) Decision. The construction board of adjust- ment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also in- clude the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. (Ord. No. 06 -2001, § 1, 12 -4 -01) Secs. 82- 35- 82 -55. Reserved. ARTICLE III. UNSAFE BUILDING ABATEMENT CODE Sec. 82 -56. Standard Unsafe Building Abate- ment Code adopted. The Standard Unsafe BuildingAbatement Code, 1985 edition, as published by the Southern Build- ing Code Congress International, Inc., is hereby adopted by reference and incorporated herein as if fully set. The Standard Unsafe Building Abate- ment Code is hereby amended to read as follows: (a) Section 105.1. The construction board of adjustment and appeals shall serve as the board of adjustment and appeals for this code. (b) Section 605. Cost of repair or demolition; lien on property: collection. 1. Upon repair or demolition of any building or structure, either with city crews or by independent contrac- tor, all costs of demolition and/or repair shall be assessed against and constitute a lien on the property upon which the building or structure is /was situated. The lien shall be Supp. No. 18 CD82:8 BUILDINGS AND BUILDING REGULATIONS § 82 -56 equal in rank, priority and dignity with the lien of Brevard County ad valorem taxes and shall be superior to all other liens, encumbrances, ti- tles and claims in, to or against the property. Cost shall include, but not limited to, administrative cost, attorney's fees, postage, newspaper publication fees and actual costs of physical removal and/or repair. 2. The city clerk shall file such lien in the public records of Brevard County 1 Supp. No. 18 CD82:8.1 This page is intentionally left blank I! / Chapter 94. SIGNS* Article 1. In General Sec. 94 -1. Definitions. Sec. 94 -2. Purpose and scope. Sec. 94 -3. Administrator. Sec. 94-4. Exemptions. Sec. 94 -5. Penalty for violation. Sec. 94 -6. Prohibited signs and features. Sec. 94 -7. Conformance, Sec. 94 -8. Identification. Sec. 94 -9. Wind pressure and dead load. Sec. 94 -11. Maintenance, notice to repair. Secs. 94- 12- 94 -30. Reserved. Article 11. Permits and Inspections Sec. 94 -31. Sec. 94 -32. Sec. 94 -33. Sec. 94 -34. Sec. 94 -35. Sec. 94 -36. Sec. 94 -37. Secs. 94 -38 Permit required. Application for permit; review time limits. Issuance of permit. Revocation of permit. Fees. Inspection by administrator. Notice for inspections. 94 -60. Reserved. Article M. Size, Location and Construction Division 1. Generally Sec. 94 -61. Restrictions on placement. Sec. 94 -62. Abandoned and hazardous signs. Sec. 94 -63. Lighting. Sec. 94 -64. Criteria and standards for measurement and placement. Sec. 94 -65, Aesthetic requirements of signs. Secs. 94- 66- 94 -75. Reserved. Division 2. Types of Signs Sec. 94 -76. Temporary on- premises signs. Sec. 94 -77. Emergency response system. Sec. 94 -78. Electronic signs. Sec. 94 -79. Projecting signs. Sec. 94 -80. Off - premises signs. See. 94 -81. Temporary off - premises signs. Sec. 94 -82. Awnings and canopies. Sec. 94 -83. Home occupation signs. Sec. 94 -84. Ground signs. Sec. 94 -85. Variances. Secs. 94- 86- 94 -95. Reserved. *Editor's note -Ord. No. 05 -2009, §§ 2, 3, adopted Sept. 15, 2009, amended ch. 94 in its entirety and enacted similar provisions as set out herein. The former ch. 94 derived from Ord. No. 8 -00, § 1, adopted July 18, 2000. Cross references -Code enforcement, § 2 -246 et seq.; businesses, ch. 16; requirements for sign appearance and maintenance, § 34 -100; lighting regulations, § 34 -206 et seq.; planning, ch. 58, Supp. No. 18 CD94:1 CAPE CANAVERAL CODE Division 3. District Regulations Sec. 94 -96. R -1 low density residential district. Sec. 94 -97. R -2 medium density residential district. Sec. 94 -98. R -3 medium density residential district. Sec. 94 -99. C-1 low density commercial district, C -2 commerciallmanufactur- ing district and M -1 light industrial and research and develop- ment district. Sec. 94 -100. Shopping center or multitenant center in any district. Secs. 94- 101 -94 -104. Reserved. Sec. 94 -105. Enforcement. Secs. 94- 106-94 -109 Reserved. Sec. 94 -110. Implied consent. Secs. 94- 111 -94 -114. Reserved. Sec. 94 -115. Viewpoint neutral, Secs. 94- 116-94 -119. Reserved. Sec. 94 -120. Severability. Supp. No. 18 CD94 :2 "l ARTICLE I. IN GENERAL Sec. 94 -1. Definitions. SIGNS § 94 -1 Bulletin board means any permanent sign, not to exceed six feet, attached to a building, and generally located at a store entrance, for purposes such as posting notices, menus, and other infor- mation, with removable letters, words, numerals, and copy material in a non - electronic manner. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accent lighting means electric discharge tubing attached as an integral decorative or architec- tural feature of the building and not connected or giving the appearance of any connection to the overall signage of the project. Air - inflated devices means attention - getting de- vices that are inflated with lighter- than -air gas or are supplied inflation from a blower or fan that, when energized, keep the device erect. Animated or flashing sign means any sign which uses lights that flash or alternate or which includes action, motion or illusion of motion, designed electronically, usually to give messages by means of slight progressive changes. This definition shall also include signs with rotating panels, generally referred to as tri- vision signs. Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a roof -like structure and is supported entirely by the building without the use of ground supports. Bag sign means any temporary sign made of cloth or other materials designed to fit over an existing sign or structure because the copy area is in the process of being changed or repaired due to damage. Balloon display is any balloon anchored on private property for the purpose of advertise- ment. Banner sign means any sign having the char- acters, letters, illustrations or ornamentation ap- plied to cloth, paper or fabric including animated, rotating and/or fluttering devices, flags and pen- nants (which do not comply with the definition of flag or pennant under this chapter) but excluding government flags for the purposes of this chapter, designated to attract attention. Supp. No. 18 Canopy means any structure other than an awning, made of fire - resistant cloth, wood, metal or plastic with or without metal or wood frames, attached or detached and supported, in part, or entirely, by the ground. Code enforcement board means a board estab- lished in section 2 -256 et seq. to enforce this Code. Community appearance board means a board established in section 22 -36 et seq. Construction board of adjustment means a board established in section 82 -32. Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line, enclosing the extreme limits of the sign, including all ornamental attachments, insignias, symbols, logos, trademarks, interconnecting links and the like, and any stripe, frame or border. Sign area does not include the main support structure of the sign unless used for sign display purposes. The calculation for a double -faced sign shall be the area of one face only. The calculation for wall signs, if permitted hereunder, comprises individ- ual letters, numbers, symbols and the like, where the exterior wall of the building upon which it is affixed acts as the background of the sign, shall be calculated within the smallest regular geometric figure needed to encompass the sign display. Dilapidated sign. shall mean a sign including its structure that is damaged, deteriorated, de- faced, abandoned, in a state of disrepair, or illeg- ible. Digital electronic sign. See Electronic messag- ing sign. Discontinued sign shall mean any sign located on property which has been vacant and unoccu- pied for a period of ninety (90) days or more; or any sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. CD94:3 § 94 -1 CAPE CANAVERAL CODE Edge of pavement shall mean the hard -sur- faced (e.g. asphalt, concrete, macadam, marl, pav- ers, etc.) edge of an existing street in the right -of- way excluding the curbing. Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an elec- trified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent into various letters, designs and shapes. Electronic messaging signs shall mean a sign on which the copy changes automatically by elec- tronic means. Erect means to build, construct, raise, assem- ble, create, paint, draw, attach, hang, place, sus- pend, affix, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an inci- dent to the customary maintenance or repair of a sign. Exempt sign means signs exempted from nor- mal permit requirements. Flag or pennant means the flying of individual national, state, county, city or flags of political national origin attached to a freestanding pole, mounted on the ground or to flags attached to the facade of a structure, limited to five in number, provided such flags shall not be used in such a way to attract attention of the public for commer- cial purposes. Flags larger than three feet by five feet shall be considered signs and shall be calcu- lated as part of the maximum square footage and maximum number of signs. Frontage means that portion of a lot or parcel abutting a street right -of -way. For corner lots or parcels abutting two or more street rights -of -way, frontage shall be measured only along the dedi- cated street right- of-way facing the primary en- trance of the principal building located on the lot or parcel. Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are placed in or upon the ground. Ground signs in- clude pole, pylon, and monument signs. Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or can- opy. Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detri- ment to traffic safety by reason of its size, loca- tion, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic - control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is prohib- ited. Any sign which by glare or method of illumi- nation constitutes a hazard to traffic is prohib- ited. Marquee sign means a projecting sign attached to or hung from a marquee or such marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line. Monument sign shall mean a ground sign which is free standing, supported solely by its own ground- mounted base and which is not attached or fixed in any way to a building, fence or other structure, provided that the ground mounted base is substantially equal to or greater than 50 per- cent the horizontal dimension of the sign face including any cabinet or any structure within which the sign face is located and not greater than ten feet in height. Two examples of a monu- ment sign are as follows: Supp. No. 18 CD94:4 SIGNS § 94 -1 gPYARFA i- OPYAREA Noncombustible material means a material, which, in the form and thickness in which it is used, meets any of the following: (1) Materials which pass the test procedures for defining noncombustibility of elemen- tary materials set forth in ASTM E136; or (2) Materials having a structural base of non- combustible materials as stated in subsec- tion (1), with a surfacing not more than one - eighth inch thick, which has a flame - spread rating not greater than 50 when tested in accordance with the method of test for surface burning characteristics of building materials set forth in ASTM E84. Nonconforming sign means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applica- ble sections and restrictions of this chapter or any other applicable provision of the city Code, or a nonconforming sign for which a special permit has been issued- Obscene sign is a sign deemed obscene under the Florida or United States Constitutions. Off-site or off-premises sign means a sign iden- tifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is located. Signs commonly referred to as billboards shall be considered off - premises signs. On -site or on premises sign means a sign: (3) Any combination of the first two. For purposes of this definition, common areas within a duly organized homeowner or condomin- ium association shall be considered on premises for each individual unit or lot within said associ- ation in recognition of any right the unit or lot owner has to use said areas under Florida law and the association's covenants and rules- Outdoor advertising display means any letter, figure, character, mark, plane, point, design, poster, pictorial picture, stroke, stripe, line, trademark, reading matter or illuminated service which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatso- ever so that such shall be used for attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever outdoors. Owner means the person owning the fee simple title to the property upon which a permit is required. Parapet sign shall mean a wall sign erected flush on a parapet extension of a building. Permittee means the person in possession or having the beneficial use of property upon which a sign is located for which a permit is required. (1) Identifying an activity conducted or prod- ucts or services available on the premises Pole signs are signs that are supported by one -._ where the sign is located, or or more exposed vertical supports. Two examples J (2) Displaying a noncommercial message or of a pole sign are: Supp. No. 18 CD94:5 § 94 -1 CAFE CANAVERAL CODE Portable signs means signs that may be hauled or towed from one location to another, are self - supporting, [and] are designed to be temporarily placed without a permanent base or fastening. Projecting sign means a sign which is affixed perpendicular to any building wall and extends beyond the building wall by more than 18 inches. Pylon signs are signs that are supported by one or more vertical supports which are encased within a single decorative cover. One (1) example of a pylon sign is: Roof sign means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Sandwich board shall mean a freestanding, one- or two -sided sign, in the shape of an inverted "V," and set upon the ground. Shopping center or multitenant center means a building with two or more businesses. Sign means any surface, fabric, device or dis- play, whether illuminated or nonilluminated, de- signed to identify, announce, direct or inform, and that is placed out-of-doors in view of the general public. For purposes of this chapter, the term "sign" includes all structural members. Snipe sign means a small sign of any material, including, but not limited to, paper, cardboard, wood or metal, attached to any object and having no application to the premises where located. Street right -of -way means property which is committed for use as a public access route. Temporary signs means a sign displayed be- fore, during or after an event or occurrence sched- uled at a specific time and place or which is not designed or intended to be placed permanently inclusive for example, for -rent signs, for -sale signs, construction signs, real estate signs, management signs, social or special -event signs. Tenant space means that portion of a building separated by walls or partitions that extend from the floor to the ceiling or roof deck without inter- connecting openings. Vehicular sign means any sign applied to, af- fixed to, or placed upon a vehicle in such a manner as to be visible to the public. Visibility triangle means a three- dimensional triangular space bounded on two sides by inter- section streets (measured from intersecting edges of pavement) and on the third side by a straight line drawn between those lines at a point located 35 feet from their intersection. Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall signs include parapet signs and projecting signs. Wall mural means a painting or an artistic work composed of an arrangement of color and that displays a commercial or noncommercial Supp. No. 18 CD94:6 3SA' JNOaf VI�IESIInTrImel�Proaeni a V�ihligiYi'ntk Gl kL gedgee Q ofgawncnt Q 0 a Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall signs include parapet signs and projecting signs. Wall mural means a painting or an artistic work composed of an arrangement of color and that displays a commercial or noncommercial Supp. No. 18 CD94:6 C message, relies solely on the side of the building for rigid structural support, and is painted on the building. The term excludes a painting or work placed on a structure that is erected solely for the sole or primary purpose of signage. Window sign means illuminated and nonil- luminated signs placed in the interior or exterior windows of a structure, and which can be viewed from the outside of the structure. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -2. Purpose and scope. (a) The purpose of this chapter is to regulate the number, size, type, use, design, construction and location of signs within the city. These regu- lations are established in order to promote the overall economic well -being of the city, while at the same time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the city. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dan- gerous, dilapidated and unsightly signs and pro- vide for adequate maintenance and inspection of signs within the corporate limits of the city, con- sistent with constitutional guarantees and while providing for adequate opportunities for effective means of communication. (b) For purposes of this chapter, any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on premises. Nothing in this chapter shall be con- strued to regulate the content of the message displayed on any sign. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -3. Administrator. The "administrator" shall be the building offi- cial unless otherwise directed by the city manager in writing. The administrator shall also include any authorized designee of the administrator who is charged with implementing the provisions of this chapter. if the administrator is not the build- ing official, the building official shall be charged UGNS § 94-4 with interpreting applicable building codes and advising the administrator relative to building code issues under this chapter. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -4. Exemptions. The following signs may be erected without a permit, subject, however, to all remaining require- ments of these regulations: (1) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or other types of equipment pro- vided such decals are affixed with the consent of the equipment owner; (2) Signs wholly within a building or enclosed space, excluding window signs which are more specifically regulated under this chap- ter; (3) One sign or tablet per building, of four square feet or less, when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of the build - ing; (4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited to one per business entrance; (5) Traffic- control devices installed in accor- dance with applicable provisions of the City Code and the traffic control manual published by the Florida Department of Transportation; (6) Window signs that do not exceed 25 per- cent of the total window glass area for each side of the building or unit thereof and are placed in the upper or lower half of the window glass area. In addition, the total square footage of the window signs located above ten feet from grade, when added to the total existing signage for the building or unit thereof, does not cause the total signage copy area for the build- ing or unit thereof to exceed the maxi- mum total signage copy area allowed for the particular building or unit thereof. Further, all sales transaction areas, as well as any other areas that may be Supp. No. 18 CD94:7 § 94 -4 CAPE CANAVERAL CODE deemed as necessary for viewing for safety mit requirements, are prohibited on pub - purposes by a law enforcement agency, lic utility poles or trees, except govern - shall not be obstructed from view from the ment banner signs may be permitted on outside of the building by a window sign; brackets installed on utility poles if au- and thorized by the utility company. (7) Temporary signs on residential property (b) Obstruction of free ingress or egress; that do not exceed six square feet and on standpipes) fare escapes. No sign shall be nonresidential property that do not ex- erected, relocated or maintained so as to ceed 12 square feet, provided the signs obstruct free ingress to or egress from any meet the requirements of this chapter. door or fire escape. No sign of any kind Temporary signs on nonresidential prop- shall be attached to a standpipe or fire erty that exceed 12 feet, but are less than escape, unless the sign is incidental to the 32 square feet, may be authorized by function of the fire escape or standpipe. permit under this chapter. (c) Signs on right -of- -way. Signs on right -of- ($) For 911 and emergency response pur- way that do not constitute a bona fide poses, signage identifying the address of traffic control device installed for the safety the property, which shall be located in a of pedestrians and vehicles, or do not place that is clearly visible from the right- serve a governmental function. of -way. (9) Signs held by humans. (d) Portable signs. Any sign, excluding vehic- ular signs, which is mobile or is not se- (10) Subject to the criteria established in sec- curely and permanently attached to the tion 94 -61, temporary, permanent, and ground or a building is prohibited, except portable government monuments, mark- a sandwich board is permitted on commer- ers, and signs located on public property. cial property provided it is only displayed (11) Home occupation signs pursuant to sec- outside during normal business hours of tion 94 -83. the business that is displaying the sand - (Ord. No. 05 -2009, § 3, 9- 15 -09) wich board. Sec. 94 -5. Penalty for violation. (e) Merchandise displays on rights -of -way. Per- manent, temporary, portable or movable (a) Any person who knowingly violates or fails signs or displays of merchandise located to comply with any of the sections of this chapter on any street, sidewalk, alley, or right -of- or any erector, owner or user of an unlawful sign way are prohibited. or any owner of the property on which an unlaw- ful sign is located, shall, upon conviction, be (f) Off-premises signs, except temporary off - punished as provided in section 1 -15. premises signs that are expressly autho- (b) in addition to the criminal penalties pro- rized by this chapter. vided in this section, any violation of this chapter (g) Wall mural. A wall mural is strictly pro - shall be subject to enforcement by section 2 -256 et hibited on the exterior of any building seq., according to the procedures legally estab- within the city unless the wall mural is lished for such board and subject to the penalties approved under the community appear - provided by F.S. ch. 162. ance review standards set forth in sec - (Ord. No. 05 -2009, § 3, 9- 15 -09) tions 22 -36 et seq. Sec. 94 -6. Prohibited signs and features. (h) Window signs. Window signs that do not The following signs and features are strictly comply with sec. 94 -4. prohibited: (i) Ground signs with exposed metal sup - (a) Signs on utility poles and trees. Signs, ports including poles. - regardless of whether exempt from per - 0) Air - inflated devices. } Supp. No. 18 CD94:8 J 1 1 W Marquee signs. (1) Roof signs. (m) Projecting signs, unless they comply with the provisions of section 94 -79. (n) Temporary signs, unless specifically au- thorized under this Chapter. (o) Flags and pennants that are not govern- mental in origin. (p) [Emissions.] Signs that emit an audible sound, odor, or visible matter such as smoke or steam. (q) [Composition.] Signs that are made with or printed on any vegetation, curbstone, flagstone, pavement, or any portion of the sidewalk or street except house numbers and traffic control signs. (r) Balloon display. (s) Discontinued signs. (t) Animated signs or signs of a flashing, running or revolving nature. (u) Snipe signs. (v) Obscene signs. (w) Hazardous signs. (x) [Signs on certain motor vehicles.] Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the right- of-way or adjacent property. (y) [Certain signs on parked motor vehicles.] Signs located or erected on a parked mo- tor vehicle which are intended primarily for display purposes and not regularly used for transportation purposes and which are visible from the right -of -way or adja- cent property. (z) Dilapidated signs. (aa) Pole signs. (bb) [Miscellaneous.] Any other sign., feature, or outdoor advertising display that does not comply with the provisions of this chapter. (Ord. No. 05 -2009, § 3, 9- 15 -09) Supp. No. 18 C SIGNS Sec. 94 -7. Conformance. § 94 -11 All signs or other outdoor advertising displays erected within the city limits shall conform to this chapter. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -8. Identification. Every sign or outdoor advertising display erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for the sign by the administrator. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -9. Wind pressure and dead load. All signs and other outdoor advertising dis- plays shall be designed and constructed to with- stand a wind velocity as set forth in the building code adopted in section 82 -31 and shall be con- structed to receive dead loads as required by the building code or other codes of the city, except temporary signs authorized by this chapter. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -11. Maintenance, notice to repair. (a) All signs shall be erected, placed and main- tained in a state of good and safe repair. Damaged signs shall be removed, repaired, or replaced. If a sign is painted, in whole or in part, the sign shall be kept well - painted. Such sign shall be repainted whenever the paint is peeled, blistered, or faded. (b) All signs shall be constructed and main- tained in accordance with the provisions and requirements of the city's building codes, electri- cal codes, and other applicable codes. (c) All copy area shall be maintained so as to be legible and complete. (d) All signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition. (e) Damaged faces or structural members shall be promptly removed, repaired or replaced. D94:9 § 94 -11 CAPE CANAVERAL CODE (f) Electrical systems, fasteners, and the sign (2) The name, address, telephone number and structure as a whole shall be maintained at and state license number of the sign con - all times in a safe condition. tractor /manufacturer and if applicable, the (Ord. No. 05 -2009, § 3, 9- 15 -09) same information for the engineer and architect. Secs. 94- 12- 94 -30. Reserved. ARTICLE H. PERMITS AND INSPECTIONS Sec. 94 -31. Permit required. (a) Except as otherwise provided in this chap- ter, it shall be unlawful for any person to erect, construct, enlarge, move, or make structural al- terations to any sign within the city or cause such to be done without first obtaining a sign permit for each such sign from the administrator. This shall not be construed to require any permit for a change of copy on a sign so long as the sign or sign structure is not modified in any way. Any sign which is not specifically allowed by this chapter is prohibited. (b) An electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source. (c) No new permit is required for a sign which has a permit and which conforms with the provi- sions set forth in this chapter on the date of its adoption. A new permit shall be required for any sign when the structural configuration or electri- cal components are altered or when the sign is relocated. (Ord. No. 05 -2009, § 3, 9 -15 -09) Sec. 94 -32. Application for permit; review time limits. (3) The street address, legal description and tax identification number of property upon which proposed sign is to be located. (4) The zoning and future land use designa- tion of the property on which the sign is to be located. (5) The type of sign, square footage, height and location of all signs currently located on the premises. (6) The type of sign, square footage, design, sign area, height, location and fully di- mensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign will be electrically lighted, a copy of the electrical plans and specifications for the sign shall be pro- vided. In addition, the name and address of the electrical contractor shall accom- pany the appropriate electrical permit ap- plication. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the property owner. (S) A fully dimensioned site plan showing the lot frontage, building frontage or busi- ness, establishment or occupant frontage, parking areas and location of all existing and proposed signs. For ground signs and temporary signs which are subject to per- mitting, the site plan shall show the dis- tance from the right -of -way and property lines, and street corner visibility calcula- tions. (a) Application for a permit required under (9) For temporary signs subject to permitting this chapter shall be made upon forms provided under this chapter, the applicant shall by the building department and shall contain or provide the name, date and time associ- have attached the information required on the ated with the event or activity and a time form. At a minimum, the application shall contain frame for the temporary sign to come the following information and documents: down. (1) The name, address and telephone number of the property owner and applicant if different than owner. (10) The type of construction, materials, sign supports, electrical details for the pro- posed sign. Supp. No. 18 CD94:10 \ �l SIGNS § 94 -33 (11) Wind load calculations and footer details for the proposed sign as required by the city's adopted building code. (b) The administrator shall grant or deny the sign permit application within 45 calendar days from the date that a completed application and permit fee was filed with the city, unless aesthetic review of the proposed sign is required under sections 22 -36 et seq., City Code, then 60 calendar days. For purposes of calculating the time period, the day of receipt shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday, the decision shall be made on the next regular business day. Notwithstanding any con- trary sign application requirements contained in this section, any person may request that a sign or signs be approved as part of an overall pro- posed development plan for a particular land development project. In such cases, the person will be required to submit the plans and specifi- cations of the sign(s) with the plans and specifi- cations for the proposed land development project. The proposed sign(s) will be reviewed and ap- proved in conjunction with the site plan review, aesthetic review, and building permit review. In addition, in cases in which the applicant has requested a variance, waiver, or other zoning approval in conjunction with the sign application, the decision time period shall be suspended while the applicant seeks such zoning approval. In the event that no decision is made within 45 days following the filing of a completed application, the application shall be deemed denied and the appli- cant may then appeal the decision to the construc- tion board of adjustment. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the ap- propriate building permit fee by the applicant, the administrator shall promptly conduct an in- vestigation of the application, the proposed sign and the premises. In addition, if required under sections 22 -36 et seq., City Code, the administra- tor shall forward the application to the commu- nity appearance board for review and consider- ation. Supp. No. 18 (b) If, after review and investigation as re- quired herein, the administrator determines that the application meets the requirements contained in this chapter and determines the proposed sign will not violate any building, electrical, and aes- thetic or other adopted codes of the city, the administrator shall issue the permit or issue the permit with conditions (which means legal condi- tions existing in the City Code). If the work authorized by the permit has not been completed within six months after the date of issuance, the permit shall become null and void, unless the administrator grants an extension of time, not to exceed three months, for good cause shown. (c) If, after review and investigation as re- quired herein, the administrator determines that one or more reasons for denial exist, the permit shall be denied and the administrator shall make a written report of the denial and the reasons therefore. A copy of the report shall be sent by certified mail to the designated return address of the applicant on the application. The application for a permit shall be denied if one or more of the following conditions are found to exist: (1) The application does not comply with the requirements of this chapter; or (2) The application would violate any build- ing, electrical, aesthetic or other adopted codes of the city. (d) Any person denied a building permit for signs may file as a matter of right a written notice of appeal to the construction board of adjustment within ten calendar days after rendition of the denial pursuant to the provisions of this section; except, however, issues decided by the community appearance board or the city council pursuant to sections 22 -36 et seq., City Code, or in conjunction with a site plan application, shall not be appealed to the construction board of adjustment and shall be appealed under the applicable provisions set forth in sections 22 -36 et seq. and the site plan review procedures - The construction board of ad- justment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the construction board of adjustment. The appellant shall be afforded min- imum due process including, but not limited to, the right to notice of the hearing, a fair opportu- CD94:11 § 94 -33 CAPE CANAVERAL CODE nity to be heard in person and through counsel, to present evidence, and to cross - examine witnesses. The decision of the construction board of adjust- ment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. Any person aggrieved by a final decision of the con- struction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of ad- justment. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -34. Revocation of permit. The administrator is authorized and empow- ered to revoke any permit issued under this chapter for failure of the permittee to comply with any of the sections of this chapter. Such revoca- tion shall be in writing and shall show cause for the revocation notice. Within seven days after the mailing of notice, the permit holder may request, in writing to the city manager, a hearing before the construction board of adjustment to show cause why the permit should not be revoked. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the city manager. The permittee shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross -exam- ine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the revocation decision. Any person aggrieved by a final decision of the construction board of adjustment may im- mediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and de- cision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -35. Fees. Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of any costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and shall include fees for the following: (1) In addition, fees for signs are calculated by using contract amount consistent with the city's schedule of fees; (2) Reinspection; and (3) If any person commences any work before obtaining the necessary permit, all fees shall be doubled. (4) As an incentive to eliminate nonconform- ing signs, the city manager shall be au- thorized to waive sign permitting fees for any sign application that is filed for pur- poses of eliminating or modifying a non- conforming sign and making it in full compliance with the provisions of this chapter. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -36. Inspection by administrator. The administrator is empowered to enter or inspect any building, structure or premises in the city upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural details and electrical connec- tions and to ensure compliance with this chapter. Such inspections shall be carried out during busi- ness hours, unless an emergency exists. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -37. Notice for inspections. The person constructing, erecting or relocating a sign for which a permit, is required shall notify the building department at all stages of construc- tion that requires inspection and approval by the administrator. Authority for and time of such inspections shall be as follows: (1) Afooting inspection for all detached signs shall be required; (2) A final structural inspection shall be re- quired at completion of the work on all types of signs; and l l Supp. No. 18 CD94:12 1 SIGNS § 94 -62 (3) A final electrical inspection shall be re- quired on all signs containing electrical components and wiring to be connected to an electrical energy source. (4) Other inspections as required by the adopted building code. (Ord. No. 05 -2009, § 3, 9- 15 -09) Secs. 94- 38- 94 -60. Reserved. ARTICLE III. SIZE, LOCATION AND CONSTRUCTION DIVISION 1. GENERALLY Sec. 94 -61. Restrictions on placement. (a) No sign or banner shall be suspended across any public street, avenue or alley, unless ap- proved by the city council in situations when the street, avenue, or alley will be closed to vehicular traffic at the location of the sign or banner or the city council has determined that the sign or banner will not constitute a hazardous sign or banner under the definition set forth in section 94 -1 and the provisions set forth in section 94 -62. (b) No sign shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any trees, light standards, utility poles, hydrants, benches, bridges or any structures, other than awnings, within the property lines of any street, avenue or alley within the limits of the city. (c) No sign shall be attached to any private wall, window, door, gate, fence or to any other private structure, without the written permission of the owner or lessee and without compliance with the provisions of this chapter. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -62. Abandoned and hazardous signs. (a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten days of the service of notice from the administrator, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six consecutive months prior to the Supp. No. 18 date of the notice from the administrator. If the order to remove is not complied with, the admin- istrator may remove the sign, and an assessment lien, on parity with real estate taxes, may be filed against the property for the expense incurred in removal of the sign. (b) Hazardous signs. The administrator shall refuse to issue a permit for any sign, which will constitute a hazard and a potential menace to the safety of the public, and the administrator may require the removal of any sign which is not properly maintained or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful. for any permittee or owner to continue to display any sign that consti- tutes a hazard to the safety of the public. It shall be unlawful for any permittee or owner to con- tinue to display any sign that constitutes a haz- ard after 48 hours from the time of notice by the administrator requesting the removal of such sign, unless within that time, the permittee or owner shall have filed with the administrator notice of his or her intention to appeal his decision to the code enforcement board, or the administra- tor has determined that exigent circumstances exist that require the immediate removal of the sign in order to abate the public hazard. Any such sign displayed more than 48 hours after notice to remove the sign may be removed by the city at the expense of the permittee or owner, unless the matter is pending an appeal to the code enforce- ment board or unless the decision of the admin- istrator has been reversed by the code enforce- ment board. (c) Signs constituting traffic hazard. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; at any location where, because of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word commonly used on traffic control signs or signals. Visibility at intersections shall be in accordance with the figure [found in section] 94 -1. (Ord. No. 05 -2009, § 3, 9- 15 -09) CD94:13 § 94 -63 Sec. 94 -63. Lighting. CAPE CANAVERAL CODE (a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs and wall signs. However, the reflectors shall be provided with proper lenses concentrating the illumination upon the area of the sign so as to prevent the glare upon the street or adjacent property. (b) Electrical signs shall comply with applica- ble electric codes. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -64. Criteria and standards for mea- surement and placement. (a) Area. The permitted area of ground signs in all zoning districts, and unless otherwise speci- fied in this chapter, is dependent on street front- age of the property on the basis of one square foot of sign area for each lineal foot of property front- age up to the maximum specified in each zoning district. Wall signs shall be computed on the basis of one square foot of sign area for each lineal foot of building or tenant space frontage up to the maximum allowed in each zoning section. For the purpose of determining area, the total area of a sign is that within the smallest parallelogram, triangle, circle or semicircle or combinations thereof which will completely enclose the outside perim- eter of the overall sign, including the border, if any, but excluding supports. Three dimensional signs shall be measured at the largest vertical cross section. (b) Combinations of signs. Except where spe- cifically permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground signs may be placed at an angle on a corner at no increase in size over that of a single sign. The sum or the area of the faces visible from any one point shall not exceed that allowed for a single sign. (c) Corner lots. Where two ground signs are used on a corner lot, the area of both signs may not exceed the area allowed for frontage as pro- vided in subsection (a). (d) Display of permit number. The sign permit number for all signs requiring a permit shall be prominently displayed by the owner or user of the sign on the property where the sign is located. (e) Height, setback and location measure- ments. Measurements for setback and location for all signs in all allowable districts shall be made from that portion of the sign nearest that point of ground reference to which the measurement is to be made, but in no event shall a sign of any kind project over public property or public rights -of- way, whether affixed to a building or otherwise. The height of signs shall be measured from grade level at the closest edge of the street paving and shall include all decorative portions of the sign. All setback measurements shall be made from the property lines as a point of reference to the projecting edge or corner of the sign, unless oth- erwise specified. (f) Ground signs. Ground signs shall be set back a minimum of six feet from the property line. No ground sign shall be placed within the visibil- ity triangle (refer to figure in section 94 -1). (g) Size limit. No ground sign shall be sup- ported so that the uppermost edge is more than 20 feet above the grade level from edge of street pavement. This subsection shall not apply to any sign on the face of the building. Any sign that is not attached to a building shall not exceed 150 square feet on its largest front. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -65. Aesthetic requirements of signs. The city council may adopt, by resolution or ordinance, general aesthetic requirements which pertain specifically to signs and wall murals per- mitted by this chapter. Said requirements may include form -based regulations (e.g. signage size, materials, illumination, placement, landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable and unaccept- able signage consistent with the requirements of this chapter. Upon adoption, said requirements shall be deemed fully incorporated into this chap- ter and shall have the force of law. (Ord. No. 05 -2009, § 3, 9- 15 -09) Secs. 94- 66- 94 -75. Reserved. 1 Supp. No. 18 CD94:14 SIGNS § 94-76 DIVISION 2. TYPES OF SIGNS (8) Minimum setbacks for any part of the temporary sign structure shall be a min - Sec. 9476. Temporary on- premises signs, imum of two feet from any right -of -way. (a) Temporary on- premises signs shall be per- (9) No temporary sign shall be placed within muted under the following conditions: the right-of-way. No temporary sign shall be placed within the visibility triangle. (1) Provided the temporary sign satisfies all (10) The temporary sign shall be constructed the requirements of this section, no per- of sturdy material such as wood, hard mit shall be required under section 94 -31. plastic, vinyl, masonite or particle board (2) Temporary signs shall be freestanding of sufficient thickness so as to withstand signs. the weather elements commonly experi- enced within the city. Cardboard and paper - (3) Temporary signs shall be removed within faced temporary signs are strictly prohib- three days after the date upon which the ited unless they are safely fastened, in sign has fulfilled its purpose (e.g., the their entirety, to a backing made of mate - scheduled event or occurrence has con - rial set forth in this section. eluded). (11) If the temporary sign is promoting prod - (4) On residential property, no one temporary nets or services available on the premises, sign shall exceed six square feet and the the sign may only be displayed during the total number of temporary signs installed normal business hours of the business on any one residential property shall not located on the premises. exceed three. However, during gubernato- (b) In addition to the general requirements in rial, presidential, and city election years, subsection (a), the following requirements shall the three -sign limitation shall not apply apply to the specific types of signs listed below: on election day and during the 30 days prior to and five days after the election (1) Areas under development, such as shop - day. ping centers, apartments, condominiums and subdivisions, shall be permitted one (5) On nonresidential property, no one tem- sign not to exceed a sign area of 16 square porary sign shall exceed 32 square feet feet on residential property and 32 square and the total area of temporary signage feet on nonresidential property after a installed on any nonresidential property building permit is issued or site plan has shall not exceed 96 square feet, except been approved. In addition, each subcon- more than 96 square feet of signage may tractor shall be allowed one sign not to be installed as provided in this section. exceed a sign area of nine square feet and However, during gubernatorial, presiden- four feet in height. Signs allowed hereun- tial, and city election years, the 96- square- der shall be permitted for one year or foot limitation shall not apply on election until the building permits for the area day and during the 30 days prior to and under development have expired or been five days after the election day. revoked or the applicable site plan ap- (6) Temporary signs may be double -faced proval has expired. If the project is not (back -to -back) and only one side of a double- completed within one year, the city man- faced sign shall be counted for sign area ager may grant an appropriate exten- calculations. sion(s) not to exceed the removal date set forth under this subsection. All signs must (7) The maximum height of any temporary be removed from the property within seven sign shall be four feet on residential prop- days of the date on which the project is erty, or eight feet on any non - residential completed, suspended, or abandoned for J property. at least three months. The primary Supp. No. 18 CD94:15 § 94 -76 CAPE CANAVERAL CODE - contractor's licensing information shall be manner that is consistent with the fire and life legibly displayed on at least one of the safety industry standards for posting such emer- signs located on the area under develop- gency response displays. ment. (Ord. No. 05 -2009, § 3, 9- 15 -09) (2) A maximum of one on- premises banner sign may be erected on nonresidential Sec. 94 -78. Electronic signs. property not to exceed 96 square feet, and on residential property not to exceed 12 Electronic signs may be approved under this square feet. A banner sign may be erected chapter provided the proposed electronic sign for a maximum of 30 days on nonresiden- satisfies the following requirements: tial property and a maximum of 14 days (a) A maximum of one electronic sign may be on residential property during any calen- incorporated into a monument sign and dar year. A banner sign is exempt from shall not be part of any other kind of sign the freestanding requirement set forth in including, but not limited to, a pole or subsection (a)(2) above and the size re- pylon sign. The electronic sign must be in striction set forth in subsections (a)(4) compliance with all applicable provisions and (5) above, provided it is securely fas- of this chapter. However, if the property tened in a manner to withstand weather cannot accommodate a monument sign elements commonly experienced in the due to physical size, building, and set city. back constraints of the property, an elec- (c) Bag signs shall be temporarily permitted tronic sign may be incorporated into a for 180 - calendar -day period of time in cases when pylon sign. Further, an electronic sign the copy area of an existing sign has been dam- shall not be a stand alone sign. aged and is awaiting repair and when the copy (b) The electronic sign shall not be installed area is being replaced to accommodate a new or higher than ten feet from grade level, renamed business. The administrator may grant unless incorporated in a pylon sign autho- an extension of time for good cause shown pro- rized by this chapter. vided any extension shall not exceed 180 calendar days. (c) The size of the electronic sign shall be (Ord. No. 05 -2009, § 3, 9- 15 -09) limited to a maximum size equal to 32 square feet. The maximum area of the Sec. 94 -77. Emergency response system. sign shall not exceed 120 square feet. The For 911 and emergency response purposes, the electronic sign shall be fully incorporated primary address of the building shall be displayed within the outer perimeter of the sign. on the property and shall be visible from the Further, the size of the electronic sign public or private street. For commercial and in- shall be included in the calculation for the dustrial buildings, the address or range of ad- total signage allowed for the property and dresses shall be incorporated into the signage the overall size limitation for a particular permitted for the property with numerals/letters sign. a minimum of six inches in height in contrasting (d) The electronic sign shall be limited to colors, but the address shall not be counted against display of static alphanumeric characters allowable copy area. In addition to the address only. Nonstatic graphic displays of being posted on a single - family residential mail- nonalphanumeric characters (such as sim- box or single - family dwelling, a sign not to exceed ulations of fireworks, bouncing hearts, three square feet may be posted on the dwelling lighthouses, human bodies, and cartoon at the main entrance or in the yard, provided the characters) shall be prohibited. sign is visible from the public or private street. The address shall not be counted against allow- (e) The display time for each message con - able copy area. The display shall be posted in a taianing alphanumeric characters shall be Supp. No. 18 CD94:16 SIGNS § 94 -81 a minimum time period of seven consecu- Sec. 94 -79. Projecting signs. tive seconds per display, and the message A projecting sign shall be permitted provided shall change instantaneously. the following minimum standards are satisfied: (f) Notwithstanding any contrary provision (a) It shall not be larger than six feet in its in this section, an existing pylon or pole greatest dimension. sign which exceeds 15 feet in height may (b) It shall not encroach into a required build - be modified to incorporate an electronic ing setback by more than three feet. sign under the following conditions: (c) The lowest portion of the sign shall be at (1) The pole or pylon sign shall be re- least seven and one -half feet above grade. duced in height to 15 feet or lower. (d) It shall not project into a vehicular path - (2) A pole sign shall be modified to a way. pylon sign. (e) It shall not extend above the eave or parapet line of the building wall on which (3) The maximum area of the sign shall it is affixed. not exceed 120 square feet, and the (Ord. No. 05- 2009, § 3, 9- 15 -09) size of the electronic sign shall be limited to a maximum size equal to Sec. 94 -80. Off premises signs. 32 square feet. No off - premises sign shall be erected in the city, (4) The modified sign must be in com- except temporary off - premises signs may be per- pliance with all other applicable pro- mitted in accordance with section 94 -81. Any ~ 1 visions of this chapter. off - premises sign erected in violation of this sec - f tion shall be removed within 48 hours of notice to (g) The electronic sign hall be set to a s e- gn p the sign owner and property owner. However, cific brightness level and shall electron- temporary off - premises signs erected in violation tally respond to changing light conditions of this section shall be removed immediately. If (e.g., change from day to night or to dark- the sign owner or property owner fails to remove ness related to weather). Written certifi- the sign, the city shall do so at the sign owner's or cation shall be provided with the sign property owner's expense. The city shall also have permit application from the sign manufac- the right to impose an assessment lien, on parity turer that the sign has been preset to not with real estate taxes, on the property for any to exceed the following light level stan- removal expenses incurred by the city to remove dard as measured in nits, as follows: the unlawful off -premises sign. (Ord. No. 05 -2009, § 3, 9- 15 -09) (1) Maximum daytime level at 6,000 nits. (2) Maximum nighttime level at 500 nits. Sec. 94 -81. Temporary off premises signs. (a) Temporary off - premises signs may be erected Further, the preset light level shall be pro- upon issuance of a permit by the administrator, tected from end user manipulations by pass- provided the temporary off -premises sign(s) meets word protected software or other acceptable the following conditions: methods. (1) The activity or place so displayed or pro - (h) If the electronic sign malfunctions, the moted on the sign will occur or be located message, if displayed, shall be main- within the jurisdictional boundaries of tained at a maximum light level of 500 the city. nits, or the sign shall be made inactive (2) The property owner on which the sign will until the sign is repaired. be erected has consented to the placement (Ord. No. 05 -2009, § 3, 9- 15 -09) of the sign. Supp. No. 18 CD94:17 § 94 -81 CAPE CANAVERAL CODE (3) The size, height, and placement of the sign shall comply with the requirements set forth in section 94 -76 for temporary on- premises signs. (4) No sign shall be erected on or within any right -of -way or within the visibility trian- gle. (b) Any permit issued under this section shall have a maximum duration of 15 calendar days. Further, a maximum of one permit shall be issued per activity or event being displayed on the sign. In addition, there shall be a four - permit limita- tion per calendar year for any particular location within the jurisdictional boundaries of the city. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -82. Awnings and canopies. (a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as the valance or fringe and shall be calculated as a portion of any allowable wall sign. (b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall sign. (c) Address numbers on canopies and awnings shall not be considered as a portion of the allow- able wall signage area. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -83. Home occupation signs. A home occupation sign that is nonilluminated and does not exceed two square feet in area concerned shall be allowed per district require- ments if it is affixed flat against the exterior surface at a position not more than two feet distant from the main entrance of the dwelling unit. There shall be no more than one of these signs per unit. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -84. Ground signs. Ground signs shall be required to meet the criteria and standards set forth in section 94 -64 and other applicable provisions of the City Code. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -85. Variances. (a) The administrator may grant, upon re- quest by the property owner, a variance to any set back requirements set forth in this chapter, pro- vided the administrative variance does not cause a safety hazard to persons or property, cause a violation of other applicable provisions of the City Code, and exceed ten percent of the applicable set back. (b) A variance may be granted for any height, location, or size requirement under this chapter pursuant to the variance procedures set forth in chapter 110, article II. (Ord. No. 05 -2009, § 3, 9- 15 -09) Secs. 94- 86- 94 -95. Reserved. DIVISION 3. DISTRICT REGULATIONS Sec. 94 -96. R -1 low density residential dis- trict. (a) Signs are permitted in the R -1 low density residential district as listed in table 94 -96 -1. (b) Any sign not specifically permitted in the R -1 district is prohibited. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -97. R -2 medium density residential district. (a) Signs are permitted in the R -2 low density residential district as listed in table 94 -96 -1. (b) Any sign not specifically permitted in the R -2 district is prohibited. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -98. R -3 medium density residential district. (a) Signs are permitted in the R -3 low density residential district as listed in table 94 -96 -1. (b) Any sign not specifically permitted in the R -3 district is prohibited. (Ord. No. 05 -2009, § 3, 9- 15 -09) Supp. No. 18 CD94:18 SIGNS Sec. 94 -99. C -1 low density commercial dis- trict, C -2 commercial/manufac- turing district and M -1 light in- dustrial and research and development district. (a) Signs are permitted in the C -1 low density commercial district, C-2 commercial/manufactur- ing district and the M -1 light industrial and research and development district as listed in table 94 -96 -1. § 94 -100 (b) Any sign not specifically permitted in the C -1, C -2 and M -1 districts is prohibited. (Ord. No. 05 -2009, § 3, 9- 15 -09) Sec. 94 -100. Shopping center or multitenant center in any district. Signs are permitted for shopping centers or multitenant centers in any district as listed in table 94 -96 -1. Table 94 -96 -1 District Restrictions Type of Sign R -1 R -2 R -3 C -1, C -2 & M -1 Temporary On -Pre- mises Sign Per Section 94 -76 Per Section 94 -76 Per Section 94 -76 Per Section 94 -76 Temporary Off -Pre- mises Sign Per Section 94 -81 Per Section 94 -81 Per Section 94 -81 Per Section 94 -81 Max. area 6 s -f. 6 s.f. 6 s.f. 32 s.f. Max. height 4' 4' 4' 8' Areas under develop- ment a. General Max. no. 1 1 1 1 Max. area 16 s.f. 16 s.f. 16 s.f. 32 s.f. Max. height 4' 4' 4' 8' b. Per subcontractor Max. area 9 s.f. 9 s.f. 9 s.f. 9 s.f. Max. height 4' 4' 4' 4' Home occupation Max. no. 1 1 1 1 Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. Ground Max. no. Prohibited 1 per street frontage/ per access entrance Max. 2 signs 1 per street frontage/ per access entrance max. 2 signs 1 per street frontage Max area 32 s.f. 32 s.f. One s.f. per lineal ft. of property frontage up to a max. of 150 S.F. Max. height 8' 8' 20' Max. width 25' 25' 25' Wail Max. no. Prohibited 1 1 2 per storefront or structure, provided each structure is a separate business. Supp. No. 18 CD94:19 § 94 -100 CAPE CANAVERAL CODE Type of Sign R -1 R -2 14.3 C -1, C -2 & M -1 Max. area One s.f. per lineal One s.f. per lineal Parallel to street 15% foot of building wall foot of building wall ofwall height (x) wan that the sign is on that the sign is on width of wall that sign is located on: max. 160 s.f. Perpendicular to street, 15% of wall height (x) wall width of wall that sign is located on; max. 128 s.f. Banner Signs Max. no. 1 1 1 1 Max. area 12 sq. ft. 12 sq. ft. 12 sq. ft. 96 sq. ft. Electronic Signs Max. no. n/a n/a n/a per Section 94 -78 Max. area. n/a n/a n/a 32 sq. ft. Wall mural Prohibited Prohibited unless ap- Prohibited unless ap- Prohibited unless ap- proved per 94 -6(g) proved per 94 -6(g) proved per 94 -6(g) (Ord. No. 05 -2009, § 3, 9- I5 -09) Secs. 94- 101 -94 -104. Reserved. Sec. 94 -105. Enforcement. (a) Removal of signs. Private signs on public property or public rights -of -way may be removed by the city or its agents without notice to the sign owner. (b) [Unsafe signs.] Should any sign be in dan- ger of falling, or otherwise unsafe in the opinion of the code enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the Administrator or code enforcement of- ficer, immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall immediately remove the sign if the administrator has determined that exigent circumstances exist that require the abatement of a public hazard. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any prop- erty where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforce- ment officer or administrator that a sign is illu- minated in violation of this chapter or other provisions of the City Code regulating spillover lighting, the owner, owner's agent, or person in control of the premises, shall immediately termi- nate the prohibited illumination of such sign. (Ord. No. 05 -2009, § 3, 9- 15 -09) Secs. 94- 106-94 -109 Reserved. Sec. 94 -110. Implied consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following: (1) Consents to complying with all provisions of this Code; and (2) Consents for city officials to come on pri- vate property to inspect all signage and to remove illegally erected signs upon rea- sonable advanced notice by the city. (Ord. No. 05 -2009, § 3, 9- 15 -09) Secs. 94- 111 -94 -114. Reserved. Sec. 94 -115. Viewpoint neutral. Notwithstanding anything in this chapter or Code to the contrary, no sign or sign structure Supp. No. 18 CD94:20 SIGNS § 94 -120 shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. (Ord. No. 05 -2009, § 3, 9- 15 -09) Secs. 94- 116 -94 -119. Reserved. See. 94 -120. Severability. (a) General. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of this chapter. (b) Severability where less speech results. With- out diminishing or limiting in any way the decla- ration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsec- tion, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the decla- ration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining to pro- hibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of this chapter or any other law is declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types Supp. No. 18 prohibited and not allowed under section 94 -6. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 94 -6 is declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection', paragraph, subpara- graph, sentence, phrase, clause, term, or word of section 94 -6. (d) Severability of prohibition on off-premises signs. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter and/or any other Code provi- sions and/or laws are declared invalid or uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the pro- hibition on off-premise signs as contained in this chapter and Code. (Ord. No. 05 -2009, § 3, 9- 15 -09) CD94.21 This page is intentionally left blank Chapter 102 VEGETATION* Article I. In General Secs. 102 -1- 102 -25. Reserved. Article II. Tree Protection Division 1. Generally Secs. 102 -26- 102 -35. Reserved. Sec. 102 -36. Sec. 102 -37. Sec. 102 -38. Sec. 102 -39. Sec. 102 -40. Sec. 102 -40.5. Sec, 102 -41. Sec. 102 -42. Sec. 102 -43. Sec. 102 -44. Sec. 102 -45. } Sec. 102 -46. Sec. 102 -47, Sec. 102 -48. Sec. 102 -49. Sec. 102 -50. Sec. 102 -51. Sec. 102 -52. Sec. 102 -53. Sec. 102 -54. Division 2. Land Clearing Definitions. Title; applicability; intent and purpose; exemptions. Enforcement and penalties. Permits. Permit criteria; exemptions; standards of review. Reserved. Specimen trees. Special waiver provision. Tree replacement guidelines. Prohibitions. Minimum tree requirement. Tree protection during development and construction; periodic inspection. Voluntary tree planting. Waivers; incentive program; administrative interpretation ap- peals; incentive program. Remedial action. Open burning of natural cover. Rules and regulations and fees for implementing this division. List of desirable species and plants. List of undesirable species. Preferred plant list. *Cross references —Code enforcement, ch. 2, art. VI; environment, ch. 34; requirements for landscape appearance and maintenance, § 34 -99; weeds and dead vegetation, § 34 -121 et seq.; planning, ch. 58; solid waste, ch. 62. Supp. No. 18 CD102:1 This page is intentionally left blank 1 ARTICLE I. IN GENERAL Secs. 102 -1-- 102 -25. Reserved. ARTICLE 11. TREE PROTECTION DIVISION 1. GENERALLY Secs. 102 -26- 102 -35. Reserved. DIVISION 2. LAND CLEARING* Sec. 102 -36. Definitions. VEGETATION § 102 -36 Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multistemmed tree, measured four and one -half feet above natural or finish grade. Diseased tree means a tree with a sustained or progressive impairment caused by tree disease which seriously compromises the viability of the tree in that it is unlikely the tree will remain living and viable for a period of more than three years or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of the diseased tree. Any claim that a tree is diseased for purposes of obtaining a land - clearing permit pursuant to the requirements of this division shall be certified in writing by a licensed arborist or other qualified tree expert deemed acceptable by the city, and shall be con- sidered by the city in issuing any such permit. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building official. The building official of the city and his or her designee. Caliper. Measurement of a tree 12 inches from soil level. Clear trunk means a measurement from the soil line to the point in the canopy where the trunk caliper begins to taper abruptly. On many palms, this point will lie at the base of the petiole of the third or fourth youngest but fully expanded leaf. Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. Desirable species (trees I plants). Trees and plants adaptive to the climate and soil of the city and identified in section 102 -52 of this division, as may be amended by the city council by ordinance or rule promulgated pursuant to section 102 -51 of this division. *Editor's note — Ordinance No. 05 -2005, § 2, adopted April 19, 2005, amended div. 2 in its entirety and enacted similar provisions as set out herein. The former div. 2 derived from Code 1981, §§ 657.01, 657.03, 657.05, 657.07, 657.09, 657.11, 657.13, 657.15, ch. 657, app. A; Ord., No. 28 -94, §§ 3 -5, adopted July 19, 1994; and Ord. No. 13 -98, § 1, adopted March 17, 1998. Cross reference—Solid waste, ch. 62. Supp. No. 18 Dripline means an imaginary vertical line run- ning through the outermost portion of the tree crown extending to the ground. Land clearing means the disturbance or re- moval of vegetation from any site, parcel or lot using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine mowing, sod replace- ment, planting of landscape material, shrub prun- ing, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree re- moval activities. Mangrove means any specimen of the species avicennia germinans (black mangrove), laguncularia racemosa (white mangrove) or rhizophora mangle (red mangrove). Native vegetation means plant material indig- enous to the city, including all those species listed in but not limited to those in section 102 -52. Person includes any individual, firm, corpora- tion, partnership, joint venture association, prin- cipal, trustee, government, or any agent or repre- sentative thereof. CD 102:3 § 102 -36 CAPE CANAVERAL CODE Protected barrier. Apolygon of two inches x four inches wide stakes spaced a maximum of eight feet from each other at the perimeter of the tree protection zone and which extend out of the ground at least 36 inches, with the top four inches marked by fluorescent orange paint or tape. Recognized knowledgeable person means a per- son recognized by the city as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed land- scape contractor, certified nurseryman or person having similar recognizable skills and experience. Silviculture means a process, following accept- able forest - management principles, whereby the crops constituting forests are tended, harvested and reproduced. Specimen tree means a tree having a caliper of 24 inches or more in diameter. Specimen trees shall not include undesirable, dead, or diseased trees, or trees that are structurally unsound and cannot recover from p runin g. Transplant means the act of relocating an existing tree upon the same lot. Tree means a woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of four inches, or a sum of dbh of four inches for multistemmed trees and an average mature height of at least ten feet. Tree removal includes any act which physically removes the tree or its root system from the earth or causes a tree to die within a period of two years from the time of the act including, but not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrad- ing around the base of the tree trunk. Tree protection zone means the area located around the perimeter of the dripline of a tree in which no activity such as clearing, filling, exca- vating, storage of materials, parking of vehicles, or any other activity that in the opinion of the building official may damage the tree. At the discretion of the building official, the tree protec- tion zone may be reduced for trees located on small lots in order to reasonably protect the tree and facilitate construction on said lot. Tree replacement credit means the tree replace- ment credit offered to a person for replacing trees removed or destroyed in accordance with this division with preferred plant material. The tree replacement credit shall be established by the city council and set forth in section 102 -54. Undesirable species means any of the species identified in section 102 -53. Understory means an underlying layer of low native vegetation usually associated with trees. Plants in the understory consist of a mixture of seedlings and saplings of canopy and palm trees together with understory shrubs (i.e. cabbage palms, palmettos). Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs and grasses. Viable means having the capacity to live and develop. (Ord. No. 05 -2005, § 2, 4- 19 -05; Ord. No. 03 -2007, § 2, 3 -6 -07; Ord. No. 12- 2009, § 2, 1 -5 -10) See. 102 -37. Title; applicability; intent and purpose; exemptions. (a) Title. This division may be cited and re- ferred to as the "City of Cape Canaveral Tree Preservation and Landscaping Code -" (b) Applicability. This division shall be appli- cable to all land lying in the incorporated area of the city. (c) Intent. The intent of this division is to encourage the protection of the maximum num- ber of viable trees listed in the desirable species list. It is further the intent of this division to encourage the protection of trees native to central Florida and to encourage proper removal of ex- otic, pest trees. To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any tree or other vegetation as covered by the provisions of this division except in accordance with the provisions set forth herein. Notwithstanding, in the case of emergencies involving natural disaster such as, but not limited to, flood, freeze or other natural Supp. No. 18 CD102:4 1 VEGETATION § 102 -39 disasters, the requirements of this division may be temporarily waived by the city council by resolution. (d) Purpose. The purpose of this division is to establish regulations for trees within the city in order to maintain and protect the city forest, to better control problems of flooding, soil conserva- tion, air pollution and noise, and to make the city a healthier, more attractive and safer place in which to live. (e) Reserved. (Ord. No. 05 -2005, § 2, 4- 19 -05; Ord. No. 21 -2005, § 2, 1 -3 -06; Ord. No. 12 -2009, § 2, 1 -5 -10) Sec. 102 -38. Enforcement and penalties. (a) Enforcement. The city may enforce the pro- visions of this division by any lawful means including, but not limited to, issuing a civil cita- tion, bringing charges before the city's code en- forcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in viola- tions of this division shall be deemed irreparable or irreversible. Further, each day a violation con- tinues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102 -39. Fine of $250.00 per tree or $500.00 per specimen tree removed, plus $500.00 per quarter acre of understory cleared. (2) Failure to abide by a cease and desist order issued under this division. Fine of $250.00 for the first day and $500.00 per day for each day thereafter. (3) Failure to abide by the requirements of other provisions of this division. Fine of $250.00 for the first occurrence and $500.00 for repeat occurrences. 5upp. No. 18 (c) Cease and desist orders. The building offi- cial shall have the right to issue cease and desist orders upon persons in violation of this division for a maximum of five working days. Upon review of the violation by the city manager, the city manager may extend the cease and desist work order until the violation is brought in compliance and all resulting fines incurred as a result of the violation have been paid. The city manager's decision may be appealed to the city council pursuant to section 102 -48. (d) Withholding of certificate of occupancy. The building official shall have the right to refuse to issue a certificate of occupancy or certificate of completion until all violations of this division have been remedied. (Ord. No. 05 -2005, § 2,4-19-05; Ord. No. 21 -2005, § 2, 1 -3 -06; Ord. No. 12 -2009, § 2, 1 -5 -10) Sec. 102 -39. Permits. (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the build- ing official. If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. (b) Application required. An application for tree removal and land clearing shall be filed on an official form provided by the building official. The applicant shall be required to pay a fee as may be established by the resolution of the city council, except that no fee shall be required for the re- moval of trees that are dead, diseased, suffer from severe structural defects, pose a clear and obvious safety hazard to structures or people or removed for a public project sponsored and paid for by the city. If the applicant is not the property owner, then the applicant shall attach the written per- mission of the property owner to the application. All completed applications shall be returned to the building official, along with the appropriate fee and the following minimum information: (1) Legal description of the property, includ- ing street address. CD 102:5 § 102 -39 CAPE CANAVERAL CODE _ (2) Name, address and phone number of prop- sating for the tree(s) to be removed includ- erty owner. ing the species and size of any replace- ment trees. (3) Name, address and phone number of ap- (g) If grade changes are proposed on the site, plicant, if other than property owner. a grading plan drawn to scale shall be (4) Date upon which Iand clearing is to com- provided. In addition, a written statement mence. shall be provided by a landscape architect or other competent professional indicat- (5) Valid reasons for the removal of trees. ing the probability of whether the grade change will result in the death of trees (6) A tree inventory, for the portion of the site intended to be preserved. Said statement to be developed, consisting of a scaled shall immediately be brought to the atten- drawing of a scale of one inch equals 50 tion of the building official at the time the feet or less indicating: application is filed and prominently at- a. Property boundaries. tached to the front of the application. b. The location of all individual trees (9) A protection plan describing how pre- served trees shall be preserved on the site including the tree's common or sci- and adjacent properties during construc- name, and the diameter of eh tion, tree removal, and grading. each tree. t (c) Time for application. Applications for land C. An indication of all trees proposed clearing permits shall be made prior to tree re- for removal and proposed to be re- moval or land clearing, except that if the tree tained. removal or land clearing is part of a proposed d. The location of existing and pro- development project that requires site plan or posed improvements, if any, includ- subdivision approval, the application shall be ing buildings, structures, impervi- submitted at the time the site plan or subdivision ous surfaces (e.g. pool decks, drives, application is submitted so that due consideration parking areas), stormwater reten- may be given to the protection of trees during the tion and detention areas, utilities site plan or subdivision process. Each application and other such improvements. Pro- for tree removal shall be subject to review under posed improvements shall be de- the site plan and subdivision process. pitted as an overlay on existing trees (d) Approved site plans, permits, and develop - so as to clearly indicate which trees ment agreements. All permits issued by the build - must be removed in order to accom- ing official under this division shall be required to modate the construction of the im- be consistent, and not in conflict, with any plans, provements. permits, or development agreements approved by the city council or other appropriate board. All Upon request by the applicant, the permits or portions thereof issued by the building building official or appropriate re- official in conflict with any such approval shall be view board may permit an applicant deemed null and void and the approval of the city to omit certain portions of the tree council or appropriate board shall remain in full inventory where compliance with the force and effect. requirements set forth herein would (e) Survey permit. A survey permit may be be unnecessarily burdensome and issued by the building official for the limited the exempted portions are not needed purpose of allowing land clearing and tree re- for the city to evaluate the applica- moval for surveys and soil or engineering testing tion according to the following: (7) A replacement plan in accordance with (1) Tree removal and land clearing for sur- division indicating the means for compen- veying shall be subject to the land clear - Supp. No. 18 CD102:6 \ VEGETATION ing and tree removal requirements of this division. The land clearing area for sur- veying shall not be greater than five feet in width or shall not be greater than eight feet in width with a reasonable turn- around for soil and engineering testing. The owner of the property proposed to be cleared or his authorized agent shall sub- mit a survey permit application to the building official, on such form as provided by the city. The survey permit shall expire after 30 days from the date of issuance. The building official may grant an admin- istrative waiver for an additional 30 days for hardship, including adverse weather, size of property and inability to obtain permits from other agencies. (2) When a written survey permit has been issued, the applicant shall post the survey permit on the affected property in such a manner as to be visible from an abutting road right -of -way. The survey permit shall remain posted on the affected property during all applicable land clearing activ- ity. It is the responsibility of the applicant to maintain the survey permit form in a clearly visible manner at all times. (f) Permit contents. The land clearing or sur- vey permit, when issued, shall specifically iden- tify which land areas may be cleared and which trees shall be permitted to be removed. The per- mit merely authorizes the removal of the trees specified therein. Nothing in this division shall be construed to require the removal of such trees by the permittee. (g) Duration of land clearing permit. A land clearing permit shall expire 90 days from the date of issuance for single - family projects and 180 days for subdivisions, multifamily, commercial and in- dustrial projects. Two extensions of 30 days each may be authorized by the building official, pro- vided appropriate justification warrants, such as unusual weather, seasonal situations or inability to obtain permits from other agencies. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application. supp. No. 18 CD102:7 § 102 -40 (h) Posting of land clearing permit. When a written land clearing permit has been issued, the applicant shall post the land clearing permit on the affected property in such a manner as to be visible from an abutting road right -of -way. The land clearing permit shall remain posted on the affected property during all applicable land clear- ing activity and until final inspection by the city. It is the responsibility of the applicant to main- tain the land clearing permit in a clearly visible manner at all times. (Ord. No. 05 -2005, § 2, 4- 19 -05) Sec. 102 -40. Permit criteria; exemptions; standards of review. (a) Permitted criteria. Upon receipt of a com- pleted application and verification by the building official, the building official may, after applying the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (1) For building and construction sites, as shown on city - approved site plans, pro- vided trees and landscaping are installed on the property in accordance with sec- tion 102 -43 of this division. (2) The trunk of the tree is located closer than five feet to the foundation of an existing or proposed structure, and it is not feasible to relocate the structure, pro- vided trees and landscaping are installed on the property in accordance with sec- tion 102 -43 of this division. (3) The trunk of the tree is located closer than ten feet from the foundation of an existing or proposed structure and the tree is considered having an aggressive root system or the natural mature height is greater than 30 feet and it is not feasi- ble to relocate the structure, provided trees and landscaping are installed on the property in accordance with section 102 -43 of this division. (4) Trees severely diseased, severely injured or dead. § 1.02 -40 CAPE CANAVERAL CODE (5) Trees that interfere with the construction or repair of public infrastructure and fa- cilities. (6) Undesirable trees, per section 102 -53 of this division. (7) Trees that have been approved for re- moval by the building official and which shall be replaced elsewhere on the prop- erty. (b) Permit exceptions. The following tree re- moval activities are exempt from the permit re- quirements of this division: ing that: (i) the property is requested as a silvicultural site with the division of for- estry; and (ii) trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property has, or intends to, generate income from the harvested trees. (6) The removal of any plant or tree that is an invasive or undesirable species as set forth in section 102 -53. (7) The removal of vegetation that has been ordered by the city_ (1) Trees removed by the city or other govern- (8) Land clearing and tree removal on parcels mental agency and which interfere with containing an existing residential single - the safety of the motoring public or dis- family dwelling unit or duplex or triplex rupt public utilities such as power lines, that have been issued a certificate of drainage systems and other public utili- occupancy. These parcels shall remain sub - ties. ject to the provisions of sections 102 -41 and 102 -45. (2) All trees and plants, within a licensed (g) tree nursery, planted for harvest provided said trees and plants are planted and growing on the premises of the licensee and are for sale or intended for sale in their ordinary course of business. (3) The emergency removal of a dead or seri- ously damaged tree, to mitigate an immi- nent threat to the health, safety, and welfare of the property owner or the gen- eral public. Prior to any emergency re- moval, the property owner shall be re- quired to document the immediate threat requiring emergency removal with the following: a. Photograph(s) of the tree(s), includ- ing any areas that may be damaged, diseased or infested; b. Approximate measurements of the tree height, spread, and DBH; and C. Distance to structure(s) or other im- movable, threatened target(s) if felled. (4) Land clearing and tree removal activities authorized and preempted by state or federal law. (5) Trees planted specifically for silvicultural purposes provided the property owner can provide documentation to the city evidenc- Any parcel subject to a city development order authorizing the construction of a new residential single - family dwelling unit, duplex or triplex, or a subdivision with three or less single - family dwelling units. These parcels shall remain subject to the provisions of sections 102 -41 and 102 -45. (10) Land clearing and tree removal on unde- veloped parcels in the R -1, R -2 and R -3 zoning districts that are less than 10,000 square feet. These parcels shall remain subject to the provisions of sections 102 -41 and 102 -45. (c) Permitted standards of review. When mak- ing decisions under this division, the city shall be guided by the following standard of review guide- lines: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedes- trian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and uti- lizing public easements and rights -of -way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to build- ings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and nonoc- J Supp. No. 18 CD102:$ f` (3) VEGETATION cupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural de- fects that pose a clear and obvious safety hazard to people, buildings or other im- provements on lot or parcel of land. l �\ The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are pro- posed to be cleared. Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. Good forestry practices, such as the num- ber of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. Necessity to remove trees in order to construct approved and permitted improve- ments to allow reasonable economic enjoy- ment of the property, including: a. Need for access around the proposed structure for construction equip- ment (maximum of ten feet). b. Need for access to the building site for construction equipment. C. Essential grade changes. d. Need for locating street or road rights - of -way, utilities, drainage ways, as well as the need to provide reason- able use and property access. § 102 -41 (10) The species and size of the trees proposed for removal. (11) The following factors shall also be consid- ered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. (Ord. No. 05 -2005, § 2, 4- 19 -05; Ord. No. 12 -2009, § 2, 1 -5 -10) Sec. 102 -40.5. Reserved. Editor's note —Ord. No. 12 -2009, § 2, adopted Jan. 5, 2010, repealed § 102 -40.5, which pertained to small scale residential land clearing requirements and derived from Ord. No. 21 -2005, § 2, adopted Jan. 3, 2006. Sec. 102 -41. Specimen trees. (a) Specimen trees shall be preserved or relo- cated on site to the greatest extent feasible. (b) Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hard- ships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made in accordance with section 102 -43, except replace- ment and/or tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees removed using the data in table 1. (c) In reviewing an application for final permit to remove a specimen tree, the city council shall consider the following: (1) Whether the site design, as determined by a preland - clearing inspection, are fea- sible to allow the use permitted, as estab- lished by the applicable zoning district regulations. Streets, rights-of-way, ease- ments, utilities, lake perimeters and lot lines shall be shifted whenever possible to preserve trees. (9) The extent of any damage or demon- strated hardship which would result to the applicant from a denial of the re- quested permit. Sapp. No. 18 CD 102:9 (2) Whether the specimen tree is located within the footprint of the proposed structure or if more than one -third of the specimen tree canopy would be required to be re- (4) (5) (6) _ 1 (7) (8) l �\ The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are pro- posed to be cleared. Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. Good forestry practices, such as the num- ber of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. Necessity to remove trees in order to construct approved and permitted improve- ments to allow reasonable economic enjoy- ment of the property, including: a. Need for access around the proposed structure for construction equip- ment (maximum of ten feet). b. Need for access to the building site for construction equipment. C. Essential grade changes. d. Need for locating street or road rights - of -way, utilities, drainage ways, as well as the need to provide reason- able use and property access. § 102 -41 (10) The species and size of the trees proposed for removal. (11) The following factors shall also be consid- ered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. (Ord. No. 05 -2005, § 2, 4- 19 -05; Ord. No. 12 -2009, § 2, 1 -5 -10) Sec. 102 -40.5. Reserved. Editor's note —Ord. No. 12 -2009, § 2, adopted Jan. 5, 2010, repealed § 102 -40.5, which pertained to small scale residential land clearing requirements and derived from Ord. No. 21 -2005, § 2, adopted Jan. 3, 2006. Sec. 102 -41. Specimen trees. (a) Specimen trees shall be preserved or relo- cated on site to the greatest extent feasible. (b) Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hard- ships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made in accordance with section 102 -43, except replace- ment and/or tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees removed using the data in table 1. (c) In reviewing an application for final permit to remove a specimen tree, the city council shall consider the following: (1) Whether the site design, as determined by a preland - clearing inspection, are fea- sible to allow the use permitted, as estab- lished by the applicable zoning district regulations. Streets, rights-of-way, ease- ments, utilities, lake perimeters and lot lines shall be shifted whenever possible to preserve trees. (9) The extent of any damage or demon- strated hardship which would result to the applicant from a denial of the re- quested permit. Sapp. No. 18 CD 102:9 (2) Whether the specimen tree is located within the footprint of the proposed structure or if more than one -third of the specimen tree canopy would be required to be re- § 102 -41 CAPE CANAVERAL CODE moved in order to accommodate the pro- posed structure, and whether or not it is feasible to relocate the structure. (3) Whether the location of the specimen tree prevents any access to the property from a publicly dedicated and maintained road- way, or whether the tree constitutes a hazard to pedestrian or vehicular traffic that cannot be mitigated without remov- ing the tree. (4) Whether the location of the specimen tree interferes with or prevents the construc- tion of utility lines, drainage facilities, roadways or required vehicular use area which cannot be practically relocated or rerouted. (5) Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. (Ord. No. 05 -2005, § 2,4-19-05; Ord. No. 12 -2009, § 2, 1 -5 -10) Sec. 102 -42. Special waiver provision. In furtherance of tree protection and preserva- tion and the related public purposes stated in section 102 -37 of this division, any person or entity may request a limited waiver from any provision of the city's land development or zoning code upon submitting a written application pro- vided by the city. After review and recommenda- tion by the pl annin g and zoning board, the city council may grant the waiver under the following conditions: (a) The waiver may be granted during the site plan review process. Such waiver shall be at the city council's sole discre- tion on a case -by case basis. (b) The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and/or the implementation of an extraor- dinary landscape plan that goes well be- yond the minimum requirements of the City Code including, but not limited to, planting additional and larger plant ma- terials and trees, planting premium A- grade plants and trees, incorporating dec- orative hardship features into the landscape design (e.g. fountains, decora- tive fences and walls, trellises, lighting, etc.), and planting premium A -grade plant materials and trees on public property. (c) The waiver is compatible with the sur- rounding area and the minimum waiver required to serve the public purpose stated herein. (d) No waiver shall be granted which changes the list of permitted, conditional, special exception, or prohibited uses or height restrictions set forth in any zoning dis- trict category. (e) The waiver must be consistent with the city's comprehensive plan. (f) The waiver is not adverse to the public health, safety and welfare. (g) Any waiver granted under this section shall automatically expire and be de- clared null and void if the underlying development order for the project expires. (Ord. No. 05 -2005, § 2, 4- 19 -05) Sec. 102 -43. Tree replacement guidelines. (a) Tree replacement. All trees that are re- moved or destroyed and subject to replacement by this division shall be replaced by a desirable trees or such other trees properly approved by permit. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within 30 days of removal or destruction, which- ever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) [Criteria.] Criteria for replacement trees are as follows: (1) Characteristics of replacement trees. The replacement tree(s) shall have at least equal shade potential, screening proper- ties, and/or other characteristics compa- rable to that of the tree(s) requested to be removed. (2) Size of replacement trees. Replacement tree(s) are to be made according to the 1 1 Supp. No. 18 CD102:10 VEGETATION § 102 -43 tree replacement standards set forth in table 1 or as otherwise agreed upon by the city council and applicant. 5upp. No. 18 CD102:10.1 This page is intentionally left blank VEGETATION § 102 -46 (g) Cut and fill guidelines. It shall be unlawful to remove or add any material or ground within the tree protection zone unless otherwise permit- ted by the building official. (h) Encroachment of the dripline. During the construction stage of development, the developer or property owner shall not cause or allow land clearing, the use of heavy equipment or material within the dripline of any tree or groups of trees to be retained. Neither shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within, the dripline of any tree or groups of trees, or where planting beds are to be situated. (i) Shearing, hat racking, topping or poodle trimming of trees (lollipop), lions - tailing, pollard - ing of trees. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to engage in excessive pruning techniques on trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be allowed with a permit by demon- strating necessity or without a permit in times of emergency only. The following are deemed unlaw- ful excessive pruning techniques which are pro- hibited on shade trees: (1) Lions tailing. The improper practice of removing most secondary and tertiary branches from the interior portion of the canopy leaving most live foliage at the edge of the canopy. (2) Topping, hatraching, stag heading, dehorn- ing, lopping, and rounding over The im- proper practice of reducing tree size by making heading cuts through a stem more than two years old; a pruning practice that destroys tree architecture and serves to initiate discoloration and perhaps de- cay in the cut stem. (3) Pollarding. The pruning technique that removes sprouts back to the same location annually or biannually maintaining a tree to a specific height. (4) Shearing. A pruning technique which is typically accomplished with cuts made Supp. No. 18 through wood less than a year old at the sides of the canopy to create uniform dense canopies. (5) Poodle trimming. Combines shearing and removing lower limbs to create tree forms that look like a "lollipop." Q) Construction near adjacent property. Walls, structures, and pavement shall not be con- structed in any way which will result in damage to roots within the tree protection zones of trees located on adjacent properties. (Ord. No. 05 -2005, § 2, 4- 19 -05) Sec. 102 -45. Minimum tree requirement. No certificate of occupancy shall be issued on the types of construction indicated below unless the underlying parcel has at least the required minimum number of approved trees: (a) Any new single - family, duplex or triplex dwelling unit on a lot of less than 7,500 square feet: not fewer than two trees. Each tree shall be at least eight feet tall with one and one -half inch dbh minimum and a two -foot spread. Palm trees shall have at least six feet of clear trunk. (b) Any new single - family, duplex, and tri- plex dwelling unit on a lot equal to 7,500 square feet or greater: not fewer than two trees plus one additional tree for each 4,000 square feet or fraction thereof over 7,500 square feet. Each tree shall be at least eight feet tall with one and one -half inch dbh minimum and a two -foot spread. Palm trees shall have at least six feet of clear trunk. (c) Any commercial, industrial, multifamily or other structure requiring site plan ap- proval under the city land development regulations: no fewer than six trees or four trees per acre, whichever is greater. (Ord. No. 05 -2005, § 2, 4.19 -05; Ord. No. 12 -2009, § 2, 1 -5 -10) Sec. 102 -46. Tree protection during develop- ment and construction; peri- odic inspection. (a) Restrictions during construction. It shall be unlawful for any person, during the construction of any structures or other improvements, to place CD102:13 § 102 -46 CAPE CANAVERAL CODE solvents, petroleum products, paint or masonry materials, construction machinery or temporary soil deposits within the dripline of any tree for which a tree removal permit is required but has not been obtained. This provision includes soil that is placed in the dripline permanently for the purpose of a grade change, unless the grade is changed according to the guidelines described in the Florida Division of Forestry, Department of Agriculture and Consumer Services publication, Tree Protection Manual for Buildings and Devel- opers. (b) Burden of tree protection on property owner. It shall be the responsibility of a property owner and their agents to ensure that any tree shown on the tree inventory for which a tree removal per- mit has not been obtained is to be protected. The property owner shall guarantee survival of re- tained trees and replacement trees for two years from the date that the city accepts the trees and landscaping, unless a greater time period is re- quired by development agreement. If a retained or replacement tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action approved un- der section 102 -43 of this division. For new devel- opment projects, the city may require a perfor- mance bond in a form acceptable to the city attorney, as a condition of site plan or other permit approval, in order to ensure compliance with this subsection. (c) Protective barriers and signage required. Protective barriers shall be installed prior to construction around every tree or group of trees to be preserved. Waterproof, rigid "Protection Zone Area" signs, as shown on Appendix A: Tree Pro- tection Area Signage and not smaller than two feet by three feet shall be posted at 100 -foot increments along the protective barriers. (d) Site inspections. The building official may conduct periodic inspections of the site. It is the responsibility of the property owner and their agents to ensure that all provisions of this divi- sion are met. (e) Adjacent properties. The property owner and their agents shall ensure that the tree pro- tection zones of trees located on adjacent proper- ties are protected in the same manner that trees located on the development site are protected. (Ord. No. 05 -2005, § 2, 4- 19 -05) See. 102 -47. Voluntary tree planting. This division shall not be interpreted to re- strict, regulate or limit the voluntary planting of any tree within the city, except undesirable spe- cies which are prohibited. The provisions of this division govern only the planting of trees which are required to be planted or retained under this division. Trees or plants planted in the city's rights -of -way are subject to removal or trimming by the city at any time. (Ord. No. 05 -2005, § 2, 4- 19 -05) Sec. 102 -48. Waivers; incentive program; ad- ministrative interpretation ap- peals; incentive program. (a) Waivers of division requirements. The city council may grant a waiver to provisions of this division where the applicant demonstrates that the literal interpretation of the division will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the division. (b) Administrative interpretation appeals. Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division may appeal that interpretation to the city council by filing a written notice of appeal of said interpre- tation within 30 calendar days of said interpreta- tion. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of i Supp. No. 18 CD102:14 I VEGETATION § 1.02 -52 appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mu- tual agreement between the city and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. (c) Incentive program. The city council re- serves the right to offer and approve incentives for purposes of protecting and preserving mature trees and planting enhanced landscaping. Such incentives shall have a public benefit and may include, but are not limited to, waiving provisions of the city's land development and zoning code in accordance with section 102 -42 of this division and providing credits to city development fees. Any incentives granted under this subsection shall be consistent with the comprehensive plan and shall be by development agreement or other formal approval by the city council. (Ord. No. 05 -2005, § 2, 4- 19 -05) Sec. 102 -49. Remedial action. (a) Violations require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall re- quire mitigation of any other damage to the property, as well as tree replacements. The resto- ration plan shall be in addition to any civil pen- alty imposed by the city under section 102 -38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a con- tribution to the tree bank equal to four times the contribution listed on table 1 or planting four preferred plants listed within section 102 -54 be- fore issuance of a certificate of occupancy or Supp. No. 18 certificate of completion. Palm trees may only be used to satisfy up to 25 percent of any hardwood remediation. (c) Property owner to guarantee survival of replaced trees. The property owner shall guaran- tee the survival of the trees required to be placed under subsection (b) above for a period of two years from the date the city accepts the trees and landscaping, unless a greater time period is re- quired by development agreement. If the replace- ment tree dies, the tree shall be replaced in accordance with this section. For new develop- ment projects or violations involving the unlawful removal of more than five trees, the city may require a performance bond in a form acceptable to the city attorney, as a condition of approving the restoration plan, in order to ensure compli- ance with this subsection. (Ord. No. 05 -2005, § 2,4-19-05; Ord. No. 12 -2009, § 2, 1 -5 -10) Sec. 102 -50. Open burning of natural cover. Open burning of natural cover which is the result of land clearing is prohibited. (Ord. No. 05 -2005, § 2, 4- 19 -05) Sec. 102 -51. Rules and regulations and fees for implementing this division. The city council may adopt, by resolution, such administrative rules and regulations and fees that are necessary and proper to implement this division. (Ord. No. 05 -2005, § 2, 4- 19 -05) Sec. 102 -52. List of desirable species and plants. (a) All trees and plants required to be installed under this division or elsewhere in the City Code shall be selected from the list of desirable species and plants set forth in this section. The list of trees and plants in this section are intended to provide the developer and homeowner a list of appropriate native and suitable vegetation for proposed landscaping plans. Native vegetation is considered ideal for landscaping since these plants have become adopted [adapted] to the county's particular set of climatic conditions. The city council hereby finds that if native and other CD102:14.1 § 102 -52 CAPE CANAVERAL CODE desirable vegetation suitable for the city's cli- matic condition are utilized in the form and size context in which they naturally occur, a long -lived and maintenance -free landscape scheme will re- sult within the city. (b) The key to codes used in the list is as follows: (1) Community. (N) North Brevard County. (C) Central Brevard County. (S) South Brevard County. 'D Supp. No. 18 CD102:14.2 f i VEGETATION § 102 -54 Sec. 102 -53. List of undesirable species. The planting of any tree and plant listed below is strictly prohibited within the city. Botanical Name Common Name Shinus terebinthifolius Melaleuca quin.quenervia Casuarina spp. Eucalyptus spp. Enterolobium contortisiliquem Melia azedarach Cinnamomum camphora Sapium sebiferum Dioscorea bulbifera Rhodomyrtus tomentosa Sansevieria hyacinthoides Ricinus communis Supp. No. 18 Brazilian pepper Melaleuca, cajeput tree Australian pine Eucalyptus Ear tree Chinaberry Camphor tree Chinese tallow Air potato /air yam Downy rose myrtle African bowstring hemp Castor bean plant (Ord. No. 05- 2005, § 2, 4- 19 -05) Sec. 102 -54. Preferred plant list. The following shall apply when calculating the number of tree replacement credits in accordance with section 102- 43(b)(6)d. of this division: (1) For each medium or large tree planted from the list of desirable species that is designated "B" (barrier island) on said list and is at least ten feet tall with greater than three -inch diameter (dbh) and two - foot spread, two tree replacement credits shall be granted. (2) For each small tree planted from the list of desirable species that is designated "B" (barrier island) on said list and is at least six feet tall with two- to three -inch diam- eter (dbh) minimum and two -foot spread, one tree replacement credit shall be granted. (Ord. No. 05 -2005, § 2, 4- 19 -05) CD102:19 Cold Toler - Botanical Name Common Name Community ance Parkinsonia aculeata Jerusalem thorn N, C, S, B + Ulmus pumila, parvifolia Chinese elm N, C, S, B + (S) Shrub Podocarpus macrophylla Maki N, C, S + Podocarpus nagi Nagi N, C, S + (P) Palm Tree Arecastrum romanzoff Queen palm N, C, S + Butia capitata Pindo N, C, S, B + Livistonia chinensis Chinese fan N, C, S + Phoenix canariensis Canary Island date N, C, S, B + Phoenix reclinata Senegal date N, C, S + Trachycarpus fortunei Windmill palm N, C, S + Washington robusta Washington palm N, C, S, B + (Ord. No. 05 -2005, § 2, 4- 19 -05) Sec. 102 -53. List of undesirable species. The planting of any tree and plant listed below is strictly prohibited within the city. Botanical Name Common Name Shinus terebinthifolius Melaleuca quin.quenervia Casuarina spp. Eucalyptus spp. Enterolobium contortisiliquem Melia azedarach Cinnamomum camphora Sapium sebiferum Dioscorea bulbifera Rhodomyrtus tomentosa Sansevieria hyacinthoides Ricinus communis Supp. No. 18 Brazilian pepper Melaleuca, cajeput tree Australian pine Eucalyptus Ear tree Chinaberry Camphor tree Chinese tallow Air potato /air yam Downy rose myrtle African bowstring hemp Castor bean plant (Ord. No. 05- 2005, § 2, 4- 19 -05) Sec. 102 -54. Preferred plant list. The following shall apply when calculating the number of tree replacement credits in accordance with section 102- 43(b)(6)d. of this division: (1) For each medium or large tree planted from the list of desirable species that is designated "B" (barrier island) on said list and is at least ten feet tall with greater than three -inch diameter (dbh) and two - foot spread, two tree replacement credits shall be granted. (2) For each small tree planted from the list of desirable species that is designated "B" (barrier island) on said list and is at least six feet tall with two- to three -inch diam- eter (dbh) minimum and two -foot spread, one tree replacement credit shall be granted. (Ord. No. 05 -2005, § 2, 4- 19 -05) CD102:19 § 102 -54 CAPE CANAVERAL CODE TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS (Ord. No. 12 -2009, § 2, I-5 -10) �1 Supp. No. 18 CD 102:20 Number of Re- placement Small Trees or Palms Number of Re- Required for placement Trees Each Tree Re- (1.5" minimum moved (Palms dbh each) Re- must have at DBH of Pro- quired for Each least 6 feet of Contribution to tected Tree Tree Removed clear trunk) Preferred Plant Tree Bank* 4" up to, but not 1 or 1 or Preferred or $250.00 including, 8" plant(s) w /credit 8" up to, but not 2 or 2 Preferred $500.00 including, 12" plant(s) w /cred- its 12" up to, but 3 Not allowed Preferred $750.00 not including, plant(s) w /cred- 16" its 16" up to, but 4 Not allowed Preferred $1,000.00 not including, plant(s) w /cred- 24" its >24" To be preserved; To be preserved; To be preserved; To be preserved; see § 102 -41 see § 102 -41 see § 102 -41 see § 102 -41 These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation and establishment. (Ord. No. 12 -2009, § 2, I-5 -10) �1 Supp. No. 18 CD 102:20 r i 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. See. 110 -27. Authority. See. 110 -28. Due process; special notice requirements. Sec. 110 -29. Applications. Sec. 110 -30. Staff review; application deficiencies. Sec. 110 -30.1. Attendance required at public hearings; postponement of hear- ings. Sec. 110 -31. Reconsideration of rezonings, variances, special exceptions or administrative appeals. Sec. 110 -32. Expiration of variance or special exception; abandonment. Sec. 110 -33. Appellate review. Division 2. Rezonings - Sec. 110 -34. Rezoning applicant obligations. Sec. 110 -35, Procedure. Division 3. Variances Sec. 110 -36. Variance applicant obligations. Sec. 110 -37. Procedure. Division 4. Special Exceptions Sec. 110 -38. Special exception applicant obligations. Sec. 110 -39. Procedure. Division 5. Administrative Appeals Sec. 110 -40. Administrative appeals. Secs. 110 -41- 110 -85. Reserved. Article M. Administration and Enforcement Division 1. Generally Sec. 110 -86. Conflicts with other ordinances. Sec. 110 -87. Enforcement of chapter. Sec. 110 -88. Duties of building official. *Cross references — Possession of alcoholic beverages on streets, alleys, sidewalks and parking areas restricted, § 6 -51; outdoor entertainment, § 10 -46 et seq.; adult entertainment, § 10 -86 et seq.; businesses, ch. 16; community development, ch. 22; environment, ch. 34; noise, § 34 -151 et seq.; planning, ch. 58; coastal construction code, § 82 -81 et seq.; floods, ch. 90. Supp. No. 18 CD110:1 CAPE CANAVERAL CODE _-) Sec. 110 -89. Penalties for violation. Sec. 110 -90. Complaints of violations. Sec. 110 -91. Conformity to plans, specifications, intended uses and applica- Secs. 110 - 109 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- Article VI. Site Plans Sec. 110 -221. Submittal and review required. Sec. 110 -222. Criteria required. Sec. 110 -223. Review procedures. Sec. 110 - 223.5. Reserved. Supp. No. 18 CD110:2 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 Iots of record. Sec. 110 -197. Abandonment. Sec, 110 -198. Repairs and maintenance. Sec. 110 -199. Temporary uses. Sec. 110 -200. Special permit. Secs. 110 -201- 110 -220. Reserved. Article VI. Site Plans Sec. 110 -221. Submittal and review required. Sec. 110 -222. Criteria required. Sec. 110 -223. Review procedures. Sec. 110 - 223.5. Reserved. Supp. No. 18 CD110:2 ZONING i Sec. 110 -224. Expiration, Secs. 110 - 225 - 110 -245. Reserved. J J' Supp. No. 1S CD1102.1 This page is intentionally left blank Lot line means the boundary line of a lot. ZONING § 110 -1 shall boat docks accessory to a multiple- family dwelling where no boat - related services are ren- dered. Lot of record means a lot whose existence, location and dimension have been legally re- corded or registered in a deed or on a plat. Lot, reversed frontage, means a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed front- age lot may also be a corner lot, an interior lot or a through lot. Lot, through, means a lot other than a corner lot with frontage on more than one street. A through lot abutting two streets may be referred to as a double frontage lot. Major recreational equipment means boats and boat trailers, travel trailers, trailers for transport- ing motorized vehicles, pickup campers or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, including the coverings. Manufactured housing or building means a closed structure, building assembly or system of subassemblies, which may include structural, elec- trical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or with- out other specified components, as a finished building or as part of a finished building, which shall include but not be limited to residential, commercial, institutional, storage and industrial structures. This does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufactur- ing facilities away from the building site, for installation or assembly and installation on the building site. Marina means a place for docking boats or providing services to boats and occupants thereof, including servicing and repairing boats, sale of fuel and supplies and provision of food, beverages and entertainment as accessory uses. Ayacht club shall be considered as a marina, but a hotel, motel or similar use, where docking of boats and provi- sion of services thereto is incidental to other activities, shall not be considered as a marina nor Supp. No. 18 Mini - storage means the renting of storage space which is utilized for the incidental storage of personal effects, which space shall not exceed 280 square feet of net floor area. When used for such a purpose, such property may not be used in combination with any other use, with the excep- tion of storage garage. Mobile home means a structure as defined in F.S. § 553.36(12). Mobile home park means a single parcel of ground on which there are sites to be leased or rented to tenants for the purpose of parking mobile homes. Motel means a building or combination of build- ings in which lodging is provided and offered to the public for compensation and duly licensed pursuant to F.S. ch. 509, under single ownership and operation. As such it is open to the public the same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress to rooms need not be through a lobby or office and parking usually is adjacent to the dwelling unit. There shall be a minimum of six guestrooms per building and a minimum of 150 guestrooms per motel. As used in this defini- tion, the term "guestroom" means those rooms intended or designed to be used or which are used rented or hired out to be occupied or which are occupied, for sleeping purposes by guests. Motor travel home means a self-propelled vehi- cle containing living facilities and customarily used for camping or recreational uses. Net residential acre means the horizontal acre- age of a lot devoted exclusively to residential uses and their appurtenant accessory uses. Such area shall include the building site, recreation areas, open space, swimming pools, parking, drives, set- back areas and the like. Net residential acreage does not include areas used for nonresidential purposes, streets, waterways, offices, golf courses or any other use not developed for the exclusive use of the property's residents. CD110:11 § 110 -1 CAPE CANAVERAL CODE Nonconformity means any lot, use of land, use of structure, use of structure and premises or characteristics of any use which was lawful at the time of enactment of the ordinance from which this section is derived but which does not conform with the district in which it is located. Nonhazardous material means any material which does not increase or cause an increase of the hazard of menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. Occupied means the use of a structure or land for any purpose, including occupancy for residen- tial, business, industrial, manufacturing, storage and public use. Oceanfront lot means a lot that is contiguous with the ocean beach and which is considered as fronting on a public street and includes those lots adjacent to a dedicated street. All lots contiguous with the ocean beach shall be considered interior lots. Open shed means any structure that has no enclosing walls. Open space area means that area of the lot which is to be left open for free circulation of air and which provides an area for recreational and leisure pursuits. Not to be included as part of open space area are building setbacks, areas occupied by all building structures, parking ar- eas, roads and drives. Recreational areas may be included. Swimming pools may be included in the calculation of minimum open space. Parking space, offstreet, consists of a minimum paved area of 200 square feet for parking an automobile, exclusive of access drives or aisles thereto. Patio. See the definition of "terrace." Paving may consist of the following materials: macadam, asphalt, tar, cement, concrete, pervi- ous concrete, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, cobbles, curb, kerb, curbstone, kerbstone, edgestone and curbing. All material must be contained by a permanent border and properly maintained. Playground means an area of land set aside for outdoor recreation used by children for play and often equipped for specific activities. Playground may also be that part of a park or outdoor recre- ation facility set aside for such use by children. A playground may be public or private; however, any recreational area established for prekindergarten children only or for adults or college students primarily shall not be considered a playground. Principal use of structure means a building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the dwelling is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building shall comprise a part of the principal building. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any acces- sory building. A detached and structurally inde- pendent garage, carport or other structure con- forming as an accessory building may be attached to the principal buildings by an open breezeway not to exceed six feet in width. A connecting roof breezeway in excess of six feet and enclosed on one or both sides, including louvers, lattice or screening, shall cause the entire structure to be construed as the principal building and shall be subject to the sections applicable to the principal building. Public use means any use of land or a structure owned and operated by a municipality, county or the state or federal government or any agency thereof and for a public service or purpose. Recreational vehicle means a unit designed as temporary living quarters for recreational, camp- ing or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The term includes travel trailer, camping trailer, truck camper, motor home and wheeled recreational trailer. Redevelopment means the process of demoli- tion of existing improvements and the construc- tion of new improvements on a site. Supp. No. 18 CD110:12 - ZONING § 110 -1 Residential district means that area set aside primarily for use as low and medium density residential housing. Resort condominiums shall mean any unit or group of units in a condominium, cooperative, or timeshare plan which is rented more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or one calendar month, whichever is less. Resort dwelling shall mean any individually or collectively owned one - family, two - family, three - family, or four - family dwelling house or dwelling unit which is rented more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or one calendar month, whichever is less. Restaurant means any building or structure or portion thereof in which food is prepared and served for pay to any person not residing on the premises. Right -of -way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Satellite dish means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas. Schoolgrounds means all the land included in the lot or parcel upon which a school building is regularly used, except during vacation periods, by elementary and secondary school students. The school and land may be public or private. Service station means a building and premises where petroleum products are supplied at retail, as a primary use, and where, in addition, services may be rendered and sales made as specified by this chapter. Supp. No. 18 Setback means a required open space on the same lot with a principal building, which space is unoccupied and unobstructed by buildings from the ground upward, except as specified in sections 110 -468, 110 -538 and 110 -567. All required set- back areas shall be landscaped with greenery (sod) and shall be properly maintained- Shed means any structure built for the sup- port, shelter or enclosure of persons, animals, chattels or property of any kind which has enclos- ing walls for less than 50 percent of its perimeter. Shopping center means three or more units for purposes of mercantilism. Sign means the same as defined in chapter 23 of the building code adopted in section 82 -31. Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, com- fort, convenience, appearance, prosperity or gen- eral 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 residen- tial, 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. CD110:13 § 110 -1 CAPE CANAVERAL CODE Structure means that which is built or con- structed. 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, includ- ing 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, semi.hard 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, oper- ated and maintained for the purpose of providing space for and otherwise servicing mobile homes and trailers. Travel trailer. See the definition of "recre- ational 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 per- taining 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 un- necessary 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 oth- erwise 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. Wall means a structure forming a physical barrier, which is constructed of concrete or ma- sonry 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, specifi- cally 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.1 3 -2009, § 2, 12- 15 -09) 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 five members. (b) The board of adjustment shall have the powers and duties to consider applications for special exceptions, variances, and administrative appeals under this chapter. 1 Supp. No. 18 CD110:14 ZONING , 110 -2 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) Supp. No. 18 CD 110:14.1 This page is intentionally left blank Sec. 110 -29. Applications. ZONING § 110 -30.1 tained by the Brevard County Property Tax Appraiser reflecting the boundaries of the parcels affected. (Ord. No. 11 -2005, § 2, 6 -21 -05) The city manager or the city manager's desig- nee is hereby authorized to prepare applications in furtherance of this chapter. At a minimum, all applications for rezonings, variances, special ex- ceptions, and administrative appeals shall be accompanied by the applicable application fee adopted by the city council and shall contain the following information: (1) A general description of the relief sought under this chapter. (2) Abrief explanation as to why the applica- tion satisfies the relevant criteria set forth in this article. (3) The name(s) of the owner(s) of the partic- ular real property. (4) If the applicant is other than all of the owners of the particular property, written consent signed by all owners of the par- ticular real property shall be attached. (5) The legal description of the particular real property, accompanied by a certified survey or that portion of the map main- tained by the Brevard County Property Appraiser reflecting the boundaries of the real property. (6) The current and future land use and the zoning designations on the real property. (7) Certified survey or scaled sketch drawing depicting the property boundaries and all structures thereon. (8) For rezonings, variances, and special ex- ceptions, applicants shall provide to the city, at least 30 days in advance of the planning and zoning board meeting, the names and addresses of all affected prop- erty owners. For the purpose of this re- quirement, an affected property owner or owners shall mean any property owner or agent of record owning property which lies within a radius of 500 feet from any boundary of the property for which the application is sought, as reflected in the survey or that portion of the map main- Supp. No. 18 Sec. 110 -30. Staff review; application defi- ciencies. (a) The city staff shall be required to review all applications for rezonings, variances, special ex- ceptions and administrative appeals, and make written recommendations to the applicable city board. (b) In the event an application does not con- tain information reasonably necessary for staff to complete its review and recommendation to the applicable city board, staff shall provide written notice to the applicant that the application is deficient. The written notice shall specify the additional information necessary for staff to com- plete its review and recommendation on the ap- plication. If the applicant fails to cure the defi- ciencies within 30 calendar days of the date of the written notice, the application shall be deemed abandoned and administratively denied on the basis of an incomplete application. Upon written request of the applicant, the city manager or the city manager's designee may grant one 30 -day extension of time for the applicant to cure the deficiencies, provided the applicant demonstrates good cause for the extension. Extension requests shall be submitted to the city manager prior to the expiration of the initial 30 -day period. (c) Upon completion of staff's review and writ- ten recommendation on an application, the appli- cation shall be scheduled for consideration by the planning and zoning board or board of adjust- ment, as required by this article, for a duly noticed public hearing at the board's next avail- able meeting. (Ord. No. 11 -2005, § 2, 6- 21 -05; Ord. No. 01 -09, § 2, 2 -3 -2009) See. 110 -30.1. Attendance required at pub- lic hearings; postponement of hearings. (a) Applicants shall be required to attend all public hearings required by this article to answer questions and to provide supplemental evidence CD110:17 § 110 -30.1 CAPE CANAVERAL CODE and testimony on the applicable review criteria. Failure of an applicant to appear at the public hearings may be a basis for denial of an applica- tion where the board determines that the appli- cation on its face, as well as any additional evidence and testimony presented during the pub- lic hearing, do not provide substantial competent evidence to support approving the application. (b) Applicants may request to postpone a sched- uled public hearing on an application one time. Said request shall be submitted in writing to the city manager prior to the scheduled hearing. If postponed, the hearing shall be scheduled for the board's next available meeting and the applicant shall be responsible for the cost of any additional notices required by this article. (c) During the course of a public hearing, the board may, on its own motion or at the request of staff, an applicant or interested person, table or postpone consideration of an application at any time for the following reasons: (1) To obtain additional information relevant to the application; (2) Because of time constraints; (3) To afford interested parties an opportu- nity to testify and provide additional rel- evant evidence; (4) For lack of quorum; (5) For emergencies; (6) To seek legal counsel; or (7) For any other circumstances in further- ance of due process. (Ord. No. 01 -2009, § 2, 2 -3 -09) Sec. 110 -31. Reconsideration of rezonings, variances, special exceptions or administrative appeals. When a petition for rezoning, variance, special exception or administrative appeal has been acted on by the city council or board of adjustment and was disapproved or failed to pass, such petition in the same or substantially similar form shall not be reconsidered by the city council or board of adjustment for a period of two years. This section shall not apply to the property owner if the original request was an administrative applica- tion initiated by any official, department, board or agency of the city acting in any official capacity. This section shall not apply to any initial petition or petition for reconsideration filed by the city council. (Ord. No. 11 -2005, § 2, 6- 21 -05) Sec. 110 -32. Expiration of variance or spe- cial exception; abandonment. (a) Any variance or special exception approved by the board of adjustment pursuant to this article shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the variance or special expiration is issued by the city within said time period. Upon written request of the property owner, the board of adjustment may extend the expiration date, without public hearing, by an additional 12 -month period, provided the prop- erty owner demonstrates good cause for the ex- tension. Such request shall be submitted to the board of adjustment prior to the expiration of the first 12 -month period. In addition, if the afore- mentioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or dis- continued for a period of six months, the variance or special exception shall be deemed expired and null and void. (b) Thereafter, a variance or special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with this Code. Once a variance or special exception has lapsed due to abandonment, the applicant must resubmit its request for variance or special excep- tion pursuant to this article. (Ord. No. 11 -2005, § 2, 6- 27 -05) Sec. 110 -33. Appellate review. (a) Appeals from board of adjustment or com- munity appearance board. (1) Any party aggrieved by any final decision of the board of adjustment or the commu- `1 Supp. No. 18 CD 110:18 (2) (3) (4) ZONING nity appearance board made under any chapter of this Code shall have the right to appeal the final decision to the city council. Any such appeal shall be filed with the city manager within ten calendar days of the date of the final decision. The city manager shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate review with written notice of the date, time and location of said meeting. The city council's consideration of the final decision being appealed shall be de novo. The city council shall hear and consider the evidence and testimony of any interested party and shall either af- firm or reverse, wholly or in part, the decision of the board of adjustment or community appearance board. However, with respect to administrative appeals under section 110 -40, the city council's de novo review shall be of the record trans- mitted to the board of adjustment by the building official. A concurring majority vote of the city council shall be required for any decision made by the city council under this section. Failure of any aggrieved party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to judicial review. (b) Appeals from city council. Any party ag- grieved by any final decision of the city council made under this section shall have the right to file an appropriate action in a court of competent jurisdiction. (Ord. No. 11 -2005, § 2, 6- 21 -05; Ord. No. 07 -2007, § 2, 12 -4 -07) Supp. No. 18 DIVISION 2. REZONINGS § 110-35 Sec. 110 -34. Rezoning applicant obligations. (a) Any of the following may file an application for rezoning requesting that the sections, restric- tions and boundaries set forth in this chapter be amended, supplemented, changed or repealed. (1) Any person or entity. (2) The city council. (3) The planning and zoning board. (4) The city manager. (b) Rezoning applications shall be submitted at least 30 days prior to the planning and zoning board meeting at which such application is to be considered. (Ord. No. 11 -2005, § 2, 6- 21 -05) Sec. 110 -35. Procedure. (a) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city coun- cil. Such recommendation shall include the rea- sons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (b) Upon receipt of the planning and zoning board's recommendation, the city council shall make a final decision on the application. If the city council determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city council may, at its discretion, consider an application without the pl annin g and zoning board's recommendation. (c) All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in com- pliance with all procedural requirements established by the City Code and law; (2) The proposed rezoning change is consis- tent with the city's comprehensive plan including, but not limited to, the future land use map and the proposed change would not have an adverse effect on the comprehensive plan; CD110:18.1 § 110 -35 CAPE CANAVERAL CODE (3) The proposed rezoning change is consis- (14) The proposed rezoning does not violate tent with any master plan applicable to any applicable land use regulations adopted the property; by the city. (4) The proposed rezoning change is not con- (d) In approving a change in the zoning classi- trary to the land use pattern established fication on a lot or parcel of land, at the request of by the city's comprehensive plan; or with the concurrence of the owner(s) of said lot or parcel, the city council may approve a rezoning (5) The proposed rezoning change would not subject to restrictions provided such restrictions create a spot zone prohibited by law; do not confer any special privilege upon the own - (6) The proposed rezoning change would not er(s) or subject property that would otherwise be materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to exist- ing conditions on the property and the surrounding area and the land use pat- tern established by the city's comprehen- sive plan; (8) Changed or changing conditions make the proposed rezoning necessary; (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with compe- tent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed re- zoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a sub- stantial detriment to the future improve- ment or development of vacant adjacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individ- ual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; Supp. No. 18 CD110:18.2 \ Sec. 110 -122. Hotels and motels. ZONING A certificate of occupancy for hotels and motels shall only be issued initially for a minimum of 150 units. After a hotel or motel project has received its initial certificate of occupancy for its first 150 units, subsequent certificates of occupancy may be issued for each building constructed thereafter. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued. (Code 1981, § 645.08; Ord. No. 30 -98, § 2, 10 -20- 98) 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. A special exception is not deemed nonconform- ing. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted. (Code 1981, § 643.11) Secs. 110 -162 --110 -170. Reserved. DIVISION 2. ALCOHOLIC BEVERAGES' § 110 -171 the state Department of Business and Profes- sional Regulation, Division ofAlcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consis- tent with all the conditions as set forth in this section and also the following: (1) The establishment shall not be permitted to locate: Sec. 110 -171. Establishments serving alco- holic beverages. (a) Establishments which shall require a spe- (2) cial exception under this chapter by the board of adjustment are those, whether or not licensed by *Editor's note —Ord. No. 11 -2005, § 2, adopted June 21, 2005, deleted div. 4, which pertained to amendments and rezonings and derived from Code 1981, ch. 647; §§ 647.03, 647.05, 643.11, 647.01, and 647.05; Ord. No. 14-97, § 1, adopted Nov 18, 1997; Ord. No. 6 -99, § 1, adopted June 15, 1999; Ord. No. 09 -2002, § 1, adopted May 21, 2002; and Ord. No. 18 -2002, § 2C, adopted Dec. 17, 2002. #Cross reference — Alcoholic beverages, ch. 6. Supp. No. 18 CD110:25 (A) Within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on- premises consump- tion of alcoholic beverages. The dis- tance shall be measured as the short- est linear distance between the property line of the establishment which provides or proposes to pro- vide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground. (B) Within 300 feet inland of the mean high -water line of the Atlantic Ocean or of the Banana River. The distance shall be measured as the shortest linear distance between the property line of the establishment which pro- vides or proposes to provide for the sale and consumption of alcoholic beverages and the mean high -water line of the Atlantic Ocean or of the Banana River. The establishment, if licensed by the state division of alcoholic beverages and to- bacco to permit on- premises consumption of beverages, shall not be located within 2,000 feet of another licensed establish- ment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and con- sumption of alcoholic beverages and the § 110 -171 CAPE CANAVERAL CODE r property line of any establishment which meal shall be provided by the currently provides for the sale and con- licensee and attached to the sumption of alcoholic beverages. Further, container. If transported in a the establishment shall be in compliance motor vehicle, the container with with the Florida beverage laws (F.S. chs. the resealed bottle of wine must 561 through 568 ). Provided, however, ex- be placed in a locked glove com- ceptions to this subsection are: partment, a locked trunk, or a. Restaurants seating 150 or more per- the area behind the last up- right seat of a motor vehicle sons. that is not equipped with a b. Hotels and motels which are ap- trunk. proved in accordance with City Code. 3. Arestaurant licensed under this C. Restaurants licensed by the state exception shall not derive less division of alcoholic beverages and than 51 percent of its gross tobacco for malt beverages only or income from the sale of nonal- malt beverages and wine only, pro- coholic beverages and food pre - vided the following are complied with: pared, sold and consumed on the premises. The obligation to 1. The establishment shall have sell 51 percent food and nonal- the capacity for and have in coholic beverages is a continu- existence at least 25 seats for ing obligation. It is a violation the serving of meals. No area of this zoning code to sell wine within the establishment may and malt beverages granted un- be specifically designed for a der this exception unless the bar or lounge operation. restaurant has derived at least 2. Consumption of food and malt 51 percent of its gross income beverages shall be on premises from the sale of food and non- only; however, food carryout alcoholic beverages. Such per - without the malt beverages may centage shall be determined by be permitted. Further, in accor- calculating the average monthly dance with Florida law, one un- gross revenue from the sale of sealed bottle of wine may be food and nonalcoholic bever- removed for consumption off pre- ages for the immediately previ- mises if purchased and par- ous 12 -month period. In ac- tially consumed with a full knowledgment of this continuing course meal consisting of a salad obligation and as a condition or vegetable, entree, a bever- precedent to the issuance of a age, and bread. A partially con- special exception, the owner of sumed bottle of wine to be re- the restaurant shall execute and moved from the premises must deliver to the city an affidavit be securely resealed by the lic- and agreement, upon forms ap- ensee or its employees before proved and provided by the city, removal from the premises and which will attest and covenant shall be placed in a bag or other to the owner's compliance with container that is secured in such the provisions of this subsec- a manner that it is visibly ap- tion. The owner shall also re- parent if the container has been tain cash register receipts, guest subsequently opened or tam- checks and ledgers which may pered with. A dated receipt for be reviewed at the request of the bottle of wine and full course the city to determine compli- J - Supp. No. 18 CD110:26 ZONING § 110 -171 ance. Failure to provide records least 2,500 feet from the centroid requested shall be grounds for of the proposed establishment's revocation of the special excep- property. tion granted under this section. 2. Location of all existing public Any subsequent purchaser, as- streets between the proposed signee or transferee will be re- establishment and other estab- quired to execute and deliver to lishments and land uses as de- the city an affidavit and agree- scribed in subsections (a)(1) and ment, as provided above, in or- (a)(2) of this section. der to maintain the special ex- ception upon the property 3. Location of all existing churches, provided by this section. The school grounds or playgrounds restaurant, if advertised, shall which are within the vicinity be advertised and held out to map area with specific dis- the public to be a place where Lances to the proposed estab- meals are prepared and served. lishment affixed per subsection (a)(1) of this section. 4. Sale or consumption of malt beverages and wine shall be 4. Location of all establishments limited to the time period set licensed by the state division of by chapter 6. alcoholic beverages and tobacco, including package retail sales, d. Chapters or incorporated clubs or which are within the required veteran's fraternal organizations con - vicinity map area with specific - forming to F.S. § 565.02(4), distances to the proposed estab- (3) Package retail sales of alcoholic beverages lishment affixed per subsection for carryout, except for beer and wine (a)(2) of this section. sales, shall comply with subsections (a)(1), 5. Existing zoning for all proper - (a)(4), (a)(5)a.3. and (a)(5)a.5. of this sec- ties within 300 feet to the prop - Lion only erty of the proposed establish- ment shall be indicated. (4) One parking space shall be provided for each three seats or seating places. All b. The site plan map shall be drawn at seats or seating places, whether located a scale not less than one inch equals within a restaurant area or a bar/lounge 100 feet and shall indicate the fol- area, will be included in the calculation of lowing information: the required number of parking spaces. 1. Location and dimension of the Package retail sales establishments shall proposed establishment's prop - provide parking as determined by the erty lines, all existing and pro - building official, who shall use the ratios posed structures, driveways, established in article DC of this chapter. parking spaces and ingress/ (5) Each application for a special exception egress points. shall be accompanied by a vicinity map, a 2. The following information shall site plan map and a building floor plan. be presented in tabulated form: a. The vicinity map shall be drawn at a i. Number of parking spaces. scale of one inch equals 400 feet and ii. Number of restaurant shall indicate the following informa- seats. tion: iii. Number of bar/lounge 1. The outer boundary of the vi- seats. cinity map, which shall be at iv. Building area. Seipp. No. 18 CD110:27 § 110 -171 V. Lot area. CAPE CANAVERAL CODE C. The building floor plan shall be of a scale appropriate for the establish- ment, but in no case shall the scale be less than one - eighth inch equals one foot and shall detail room lay- outs and exits. (b) Any special exception granted under this section may be temporarily suspended or abso- lutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substan- tial evidence that either: (1) The establishment h�s obtained the spe- cial exception upon false statements, fraud, deceit, misleading statements, or suppres- sion of material facts; (2) The establishment has committed substan- tial violations of the terms and conditions on which the special exception was granted; (3) The establishment no longer meets the requirements of this section or the Florida Beverage Code; or (4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to, possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful gam- bling. Prior to any special exception being revoked, the establishment shall be provided with min- imum due process including notice of the grounds for revocation and hearing date, an opportu- nity to be heard, the right to present evidence, and the right to cross - examine adverse wit- nesses. (c) For on- premises consumption of liquors, restaurants or cocktail lounges shall have a min- imum building area of 2,000 square feet and a seating capacity of 100 patrons. (Code 1981, § 642.01; Ord. No. 15 -96, § 1, 9 -3 -96; Ord. No. 20 -96, § 1, 9- 17 -96; Ord. No. 09 -2003, § 2, 5 -6 -03; Ord. No. 19 =2003, § 2, 7- 15 -03; Ord. No. 36 -2003, § 2, 10- 21 -03; Ord. No. 03 -2006, § 2, 6- 20 -06; Ord. No. 04 -2006, § 3, 6- 20 -06; Ord. No. 23 -2006, § 2, 1 -2 -07; Ord. No. 07 -2009, § 2, 8 -4 -09) Sec. 110 -172. Temporary alcoholic beverage permits. (a) Upon approval of the city manager or the city manager's designee, and receipt of appropri- ate city permits, the division of alcoholic bever- ages and tobacco may issue temporary permits without a special exception for the on- premises consumption of alcoholic beverages for the follow- ing: (1) Conventions. In convention halls, colise- ums, and similar type buildings where there is an existing beverage license, the director of the division of alcoholic bever- ages and tobacco may, in his or her discre- tion, issue a permit for not more than five calendar days for the display by manufac- turers or distributors of products licensed under the provisions of F.S. chapters 561 through 568, and may authorize consump- tion of such beverages on the premises only. (2) Nonprofit civic organizations. The direc- tor of the division of alcoholic beverages and tobacco may issue a permit authoriz- ing a bona fide nonprofit civic organiza- tion to sell alcoholic beverages for con- sumption on the premises only, for a period not to exceed three days. All net profits from sales of alcoholic beverages collected during the permit period must be re- tained by the nonprofit civic organization. Any such civic organization may be issued only three such permits per calendar year. (b) Any person or entity issued a temporary alcoholic beverage permit pursuant to this section shall be subject to the provisions of chapter 6 of the City Code, Alcoholic Beverages, as amended from time to time, including, but not limited to, hours of operation and nudity on the premises. (Ord. No. 03 -2006, § 2, 6- 20 -06) Secs. 110- 173 - 110 -190. Reserved. l Supp. No. 18 CD 110:28 (4) (5) (6) (7) [G] ZONING § 110 -482 tures shall be of a non - corrosive material to prevent metal fatigue from mainte- nance neglect. No earth station antenna exceeding one meter or 39 inches in diameter shall be mounted onto the top of side of any single - family building duplex or triplex. Earth satellite dish antennas in excess of one meter or 39 inches in diameter shall be allowed only in the rear or side yard in all zoning districts. Placement shall not be allowed in the front yard of any lot or parcel in any zoning district. Compliance with the side setback is required. The rear setback should be complied with, except when compliance prevents instal- lations. All electrical installations for the purpose of erection of antennas shall be in accor- dance with the electrical code adopted in section 82 -116 and all applicable city or- dinances. Installation of all antennas shall not be within ten feet horizontally of any overhead power transmission line. In all zones, ground- mounted earth sta- tion antennas shall be erected at the minimum height which allows satellite reception, not to exceed seven feet in R -1 and R -2 zones and 22 feet in all other zones. The measurement shall be calcu- lated from the established grade to the dish center. The maximum outside diameter allowed for a dish receiver is ten feet, and only one satellite dish antenna exceeding one meter or 39 inches in diameter shall be allowed on any lot or parcel of land. (9) Any ground- placed antenna drive mecha- nism, less than six feet high to its lowest point, shall be fenced or screened by a six -foot high fence at least 80 percent opaque at its base. (Ord. No. 9 -97, § 2, 9 -2 -97) Sec. 110 -479. Sewage disposal. No building permit shall be issued unless pro- visions are included to connect into the city's Supp. No. 18 sewage collection system, except for single- family residences which shall otherwise comply with section 78 -26 et seq. pertaining to sewers and other applicable ordinances and regulations. (Code 1981, § 641.45) Cross reference— Sanitary sewer system, § 78 -26 et seq. Sec. 110 -480. Atomic energy uses. All atomic energy uses shall meet the stan- dards established by and have the approval of the state board of health and the Nuclear Regulatory Commission. In addition, such uses shall require the approval of the city council, which shall act only after receiving written recommendations from the city engineer and the planning and zoning board. (Code 1981, § 641.51) Sec. 110 -481. Building required for commer- cial uses. All commercial uses shall provide at least the minimum size building required for the district in which the use is to be located. The building shall contain plumbing facilities adequate to serve the needs of the customers and employees of the commercial use. (Code 1981, § 641.53) Cross reference -- Building code, § 82 -31 et seq. Sec. 110 -482. Underground utilities required. (a) Utility lines of all kinds, including, but not limited to, electrical service conductors, tele- phone, cable television, water, sewer, gas and reclaimed water shall be constructed and in- stalled beneath the surface of the ground and in compliance with all applicable laws and ordi- nances. Primary facilities providing service to the site and leading to the site from franchised utili- ties shall be placed underground. It shall be the property owner's/developer's responsibility to make the necessary arrangements with each utility in accordance with that utility's established policies. Installation of incidental appurtenances such as transformer boxes, pedestal mounted boxes for electricity, or similar service hardware necessary for the provision of electric and communication utilities shall not be required to be placed under- ground, although screening of such appurte- nances by the use of vegetation is required. CD110:62.1 § x10 -482 CAPE CANAVERAL CODE (b) Underground construction and installation of utility lines shall also be required in conjunc- tion with the substantial renovation of any exist- ing building or the redevelopment of any property_ For purposes of this subsection, a "substantial renovation" occurs when the building permit value of the renovations exceeds 50 percent of the fair market value of the existing improvements on the property, as established by the Brevard County Property Appraiser or by a licensed appraiser, whichever is greater. (c) The city recognizes that certain existing physical elements on some properties may impose unreasonable hardships on a property owner's/ developer's ability to comply with the underground - ing requirements of this section. Such physical elements may include, but are not limited to, soil or topographical conditions, existing buildings, swimming pools and large trees. Upon confirma- tion of these hardships by the appropriate utility company and the city building official and public works director, the city manager may waive the undergrounding requirement, or may allow the waiver of one (1) required parking space to be used for the required pad mounted transformer and switch gear when the proposed development calls for more than ten (10) parking spaces. (Ord. No. 6 -97, § 1, 5 -6 -97; Ord. No. 13 -2009, § 2, 12- 15 -09) Sec. 110 -483. Wireless communications tow- ers and antennas. 1. Purpose. The purpose of this section is to establish general guidelines for the siting of wire- less communications towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse im- pacts of towers and antennas; (2) restrict the location of towers to non - residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single - use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the commu- nity is minimal; (6) encourage users of towers and antennas to configure them in a way that mini- mizes the adverse visual impact of the towers and antennas through careful design, siting, land- scape screening, and innovative camouflaging tech- niques; (7) enhance the ability of the providers of telecommunications services to provide such ser- vices to the community quickly, effectively, and efficiently; (8) consider the public health and safety and welfare and the safety of communica- tion towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower struc- tures. In furtherance of these goals, the City of Cape Canaveral shall give due consideration to the regulations of this section, the City of Cape Canaveral's comprehensive plan, zoning map and regulations, existing land uses, and environmen- tally sensitive areas in approving sites for the location of towers and antennas. 2. Definitions. As used in this section, the following terms shall have the meanings set forth below: Alternative tower structure means man -made trees, clock towers, bell steeples, light poles and similar alternative- design mounting structures that camouflage or conceal the presence of anten- nas or towers. 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 sig- nals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications sig- nals or other communication signals. Backhaul network means the lines that connect a provider's towers /cell sites to one or more cellu- lar telephone switching offices, and/or long dis- tance providers, or the public switched telephone network. Collocation means the location of two or more antennas on a single tower or structure. FAA means the Federal Aviation Administra- tion. FCC means the Federal Communications Com- mission. Height means, when referring to a tower or antenna, the distance measured from the finished l Supp. No. 18 CD110:62.2 (b) Amateur radio station operators I receive only antennas. This section shall not gov- ern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally - licensed amateur radio station operator or is used exclusively for receive only antennas. Supp. No. 18 CD 110:63 ZONING § 110 -483 grade of the parcel to the highest point on the (c) Nonconforming towers or antennas. Non - tower or antenna, including the base pad and any conforming towers and nonconforming an- antenna. tennas shall not be required to meet the requirements of this section, other than Nonconforming towers and nonconforming an- the requirements of paragraphs 4.(f) and tennas means any tower or antenna for which a 4(g) building permit, special exception, or other devel- opment order has been properly issued by the city (d) AM array. For purposes of implementing prior to the effective date of this section, including this section, an AM array, consisting of permitted towers or antennas that have not yet one or more tower units and supporting been constructed so long as such approval is ground system which functions as one AM current and not expired. broadcasting antenna, shall be considered one tower. Measurements for setbacks and Personal communication services is a relatively separation distances shall be measured new technology of wireless voice, video and data from the outer perimeter of the towers communication systems which are licensed by the included in the AM array. Additional tower Federal Communications Commission over two units may be added within the perimeter new frequency bans as defined in the Federal of the AM array by right. For purposes Telecommunications Act of 1996. hereunder, AM or amplitude modulation Tower means any structure that is designed shall be defined as the encoding of a carrier wave by variation of its amplitude and constructed primarily for the purpose of sup- in accordance with an input signal. porting one or more antennas for telephone, radio and similar communication purposes, including (e) Residential use antennas. This section shall self- supporting lattice towers, guyed towers, or not govern the installation of television J monopole towers. The term includes radio and satellite antennas or other antennas used - television transmission towers, microwave tow- solely in conjunction with residential use ers, common - carrier towers, cellular telephone as defined and regulated by section 110 - towers, alternative tower structures, and the like. 478 of the Code of Ordinances of the City - The term includes the structure and any support of Cape Canaveral, Florida. and appurtenances thereto. Wireless communication is the transmission and reception of voice, data or video transmission via radio frequency (RF) signals through electro- magnetic energy. 3. Applicability. (a) New towers and antennas. All new towers or antennas in Cape Canaveral shall be subject to these regulations, except as provided in paragraphs 3.(b) through (e), inclusive. (b) Amateur radio station operators I receive only antennas. This section shall not gov- ern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally - licensed amateur radio station operator or is used exclusively for receive only antennas. Supp. No. 18 CD 110:63 This page is intentionally left blank 5upp. No. 18 CDB:9 APPENDIX B —SCHEDULE OF FEES C. Each condominium unit ........................... 2,337.81 d. Each mobile home space .......................... 2,337.81 (2) Commercial. The impact assessment fee shall be the greater of $2,337.81 or the amount calculated for the uses de- scribed below: a. Barber and beauty shops, per chair ................ 584.45 b. Bowling alleys, per lane ........................... 584.45 C. Churches, per seat . ............................... 17.25 d. Dentist offices, per dentist ........................ 1,461.14 e. Doctor offices, per doctor .......................... 1,461.14 f. Food service operations: 1. Restaurant, per seat ......................... 292.23 2. 24 -hour restaurant, per seat .................. 438.35 3. Bar and cocktail lounge, per seat ............. 174.87 4. Drive -in restaurant, per car space ............. 292.23 g. Hospitals, per bed . ............................... 1,461.14 h. Hotels, motels, per room .......................... 876.61 i. Laundry facilities, per washing machine ........... 2,337.81 j. Nursing, rest homes, per person ................... ........ 584.45 k. Office building, per worker ........................ 117.37 1. Schools, per student .............................. 146.12 m. Service stations, per water closet and per urinal .... 1,461.14 n. Shopping centers without food or laundry, per square foot of floor space .. ............................... 0.58 o. Stores without food service, per square foot of floor space............. ............................... 0.58 p. Theaters, indoor, per seat ......................... 28.75 q. Travel trailer park without water and sewer hookup, per space ......... ............................... 438.35 r. Travel trailer park with water and sewer hookup, per space............. ............................... 584.45 5upp. No. 18 CDB:9 CAPE CANAVERAL CODE (3) Industrial: a. Impact fees for industrial or other commercial facili- ties not listed above shall be based upon either the use of the fixture unit count or the number of workers in an office building, whichever is greater. 1. The fixture unit count shall be that defined in the most recent plumbing fixture value table published by the Standard Plumbing Code. The table shall be reviewed annually. Each 18 fixture units, or fraction thereof, equals one equivalent single - family dwelling unit. Equivalent and frac- tional equivalents shall be multiplied by $2,337.81 to determine the applicable impact fee. 2. The impact fee associated with the number of workers in an office building shall be that listed under the commercial facilities. The number of workers shall be multiplied by $117.37 in order to determine the applicable impact fee. b. The minimum impact assessment fee for industrial and other commercial facilities not listed above shall be $2,337.81. (4) Reinstatement fee after connection shutoff .............. (5) Off -site sewage pumping fee: a. Per day ........... ............................... b. Plus, per gallon ... ............................... Article 771. Service Rates, Deposits and Billing Procedures (a) Deposit for sewer and garbage and trash collection.: (1) Residential ............ ............................... (2) Industrial/commercial .. ............................... (b) Schedule of fees. Description (1) Residential: A. Single - family: Individually metered detached residential dwelling units, town homes and individually metered mobile homes. B. Multifamily: Individually or master metered attached resi- dential dwelling units, and master metered mobile homes. (2) Public building connections: Any individual connection held, used or controlled exclusively for public purposes by any department or 75.00 78 -122 78 -131 100.00 0.05 78 -151 65.00 200.00 1 Supp. No. 18 CDBJ0 APPENDIX B- SCHEDULE OF FEES I� branch of government, state, county or municipal, without refer- ence to the ownership of the building or of the realty upon which it is situated. (3) Commercial: Any building used for commercial, nonresidential purposes. (4) Equivalent residential unit (ERU): One ERU shall be equal to one detached residential dwelling unit with an individual water meter of 0.75 inches or less. ERUs for all connections other than: W residential dwelling units with an individual water meter of 0.75 inches or less; and (ii) multifamily; shall be pursuant to the following basis: ERU Basis For Single - Family, Commercial and Public Buildings Meter Size riv:18J 3 14" 1.00 1.0" 2.50 1.5" 5.00 2.0 8.00 3.0" 15.00 4.0" \� 25.00 6.0" 60.00 8.011 80.00 (5) Sewer Adjustment Factor: A factor established by City Council to account for the difference between the established rates and charges for Residential connection sewage and that of Commercial connections. Supp. No. 18 CDB:11 2008 2008109 2009110 2010111 2011/12 7 6% 6% 6% 6% Customer Charge per Bill Single - Family $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64 Multifamily $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64 Commercial $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64 Public Building $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64 Readiness to Serve Charge per ERU Single - Family $ 11.22 $ 11.90 $ 12.62 $ 13.38 $ 14.18 Commercial $ 11.22 $ 11.90 $ 12.62 $ 13.38 $ 14.18 Public Building $ 11.22 $ 11.90 $ 12.62 $ 13.38 $ 14.18 Usage Rate per 1,000 gallons Single- Family $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60 * Single- Family Usage Cap 5,000 gal 6,000 gal 7,000 gal no cap No cap Supp. No. 18 CDB:11 CAPE CANAVERAL CODE (c) Reserved. 2008 2008109 2009110 2010111 2011112 (a) Single - family, townhouse, duplex and triplex unit 7% 6% 6% 6% 6 10 10 Commercial $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60 Public Building $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60 Sewer Service Charge per Unit Article III Driver's Permit 80 -55 (a) Public vehicle driver's permits: Multifamily (Flat Rate) $ 19.23 $ 20.39 $ 21.62 $ 22.92 $ 24.30 (1) Commercial shall be increased pursuant to a Sewer Adjustment Factor of 3.0 times 82 -2 the Readiness to Serve Charge per ERU and a Sewer Adjustment Factor of 3.0 times the Usage Rate per 1,000 gallons. (c) Reserved. (a) Building permit fees. On all buildings, structures or alterations requiring a building permit, a fee set forth below shall be paid at the time the permit is issued. Permit fees by total valuation: Code Description Amount Section Article N. Reclaimed Water $501.00 to and including $1,000.00 (a) Single - family, townhouse, duplex and triplex unit $475.00 for each required backflow device (b) Multifamily, apartment complexes, condominium develop- ments and mobile home parks $500.00 for each existing backflow device installed by the property owner (c) Commercial and industrial 78 -177 $500.00 for each existing backflow device installed by the property owner Chapter 80. Vehicles for Hire Article III Driver's Permit 80 -55 (a) Public vehicle driver's permits: (1) For each permit used .. ............................... 8.00 (2) For each renewal of permit ........................... 7.00 Subpart B. Land Development Code Chapter 82. Buildings and Building Regulations 82 -2 (a) Building permit fees. On all buildings, structures or alterations requiring a building permit, a fee set forth below shall be paid at the time the permit is issued. Permit fees by total valuation: Valuation Fee $500.00 or less: $45.00 $501.00 to and including $1,000.00 $60.00 Supp. No. 18 CDB:12 APPENDIX B —SCHEDULE OF FEES Permit fees by total valuation: $1,001.00 to and including $2,000.00 $75.00 $2,001.00 to and including $20,000.00 $75.00 for the first $2,000.00 and $5.00 for 150.00 each additional $1,000 or fraction thereof to and including $20,000.00 $20,001.00 to $100,000.00 $165.00 for the first $20,000.00 and $5.00 for each additional $1,000 or fraction 60.00 thereof to and including $100,000.00 $100,001.00 to $500,000.00 $565.00 for the first $100,000.00 and $4.00 for each additional $1,000 or fraction 30.00 thereof to and including $500,000 $500,001.00 and up $2165.00 for the first $500,000.00 and $3.00 for each additional $1,000 or fraction thereof Code Description Amount Section Total valuation for assessment of permit fees for new commercial and residential construction shall be based on the latest valuation data published by the Southern Building Code Congress. When construction valuation is required to determine the permit fee, such valuation shall be based upon the actual construction contract price, with satisfactory evidence of same being submitted to the building official, or a con- struction cost estimate made by the building official, except as otherwise provided in this section. (2) Miscellaneous: a. Well, deep or shallow ............................ 30.00 b. Moving of building .............................. 150.00 C. Demolition of building; calculated on actual contract cost using subsection (a) above; minimum fee...... 60.00 d. Roofing and re- roofing: 1. $0.00 to $1,000.00 .......................... 60.00 2. Over $1,000.00 calculated on actual contract cost using subsection (a) above. e. Certificate of occupancy .......................... 30.00 (b) Plumbing. In addition to any fee or fees charged in subsection (a) above: (1) New construction: a. Single - family, per bath or portion thereof.......... 60.00 Supp. No. 18 W BY -3W CAPE CANAVERAL CODE Description b. Duplex, triplex and multi - family, per bath or portion thereof.......... ............................... (c) (d) C. Hotel/motel, per unit ............................ (2) Remodeling, alterations, additions, repairs, minimum plumbing permit ...... ............................... Refer to subsection (a) on valuations in excess of $1,000.00. (3) Sewer tap inspection fee .............................. Electrical. In addition to any fee or fees charged in subsection (a) above: (1) New construction: a. Single- family ..... ............................... b. Multi - family .................................... C. Hotel/motel, per unit ............................ (2) Remodeling, alterations, additions, repairs, minimum elec- trical permit .......... ............................... Refer to subsection (a) on valuations in excess of $1,000.00. Mechanical. In addition to any fee or fees charged in subsection (a) above: (1) New construction: a. Single - family, per system or portion thereof ....... b. Duplex, triplex and multi - family per system or por- tion thereof ............................... (e) C. Hotel/motel, per unit ............................ (2) Remodeling, replacement and repairs: With construction cost less than $1,000.00 minimum mechanical permit fee ...................... Refer to subsection (a) above for all other mechanical installations with valuations in excess of $1,000.00. Plan checking fee: (1) When the valuation of the proposed construction exceeds $1,000.00 and a plan is required to be submitted, a plan checking fee shall be paid at the time the permit is issued. The plan checking fee shall be equal to one -half the building permit fee. Such plan checking fee shall be in addition to the building permit fee. Code Amount Section 60.00 60.00 30.00 30.00 1 100.00 75.00 60.00 30.00 75.00 75.00 50.00 30.00 Supp. No. 18 CDB:14 APPENDIX B —SCHEDULE OF FEES Description Code Amount Section (2) When a dispute exists in the review of the plans and specifications for construction, the applicant may request by a third party, i.e., the Southern Building Code Con- gress International, Inc. plan review service, a structural engineer or the city engineer. In that event, to resolve a dispute between the city and the applicant, the actual costs of such review shall be paid by the applicant, in addition to the plan checking fee, whether a building permit is issued or not. A deposit of estimated cost for review fees shall be required upon receipt of the applica- tion for a third party review. (3) Preliminary review of construction plans shall be charged per hour or portion thereof at ......................... 25.00 (4) Review on construction plan revisions shall be charged per hour or portion thereof at ......................... 25.00 (f) Reinspection fees. When extra inspection trips are necessary due to partial inspections wrong address, second call on re- jected or condemned work, additional work done after inspec- tion has been made, or work not ready for inspection when called, a charge of $25.00 shall be paid in advance for each additional inspection or at the discretion of the building official on large projects prior to issuance of a Certificate of Occupancy of Completion. (g) Work started prior to issuance of permit — Double Permit Fee (ref. SBC 104.7.2) Chapter 86. Concurrency Management System (a) Concurrency evaluation review fee: 86 -5 (1) Multi- family project, per building ..................... 100.00 (2) Commercial project, per building ...................... 100.00 (3) Single - family home .... ............................... 100.00 (4) Improvements of insignificant impact (as defined by Or- dinance No. 3-90) ..... ............................... 20.00 (b) Reservation of priority of an applicant over subsequent appli- cations is by prepayment of concurrency review fees 86 -7 Chapter 90. Floods Article .IV. Stormwater Management (a) Permit fee ................. ............................... 90 -131 (b) Inspection fee .............. ............................... 90 -195 Supp, No. 18 CDB:15 CAPE CANAVERAL CODE -"- .) Code Description Amount Section Chapter 94. Signs (a) Permit fee shall be calculated on actual contract cost using subsection (a) of Chapter 82 of Appendix B (b) Reinspection fee ........... ............................... 45.00 94 -35 (c) For commencing work without a permit, all fees shall be double (d) Temporary off - premises signs and banners and temporary 94 -81 and 94- nonresidential signs greater than 12 sq. ft .................. 50.00 4(7) Chapter 98. Subdivisions (a) Variance application fee .... ............................... 250.00 98 -4 (b) Plat fee schedule. The fee schedule for review of replatt subdivision of land shall be: 98 -53 (1) One, two or three lots . ............................... 37.50 (2) Four or more lots ..... ............................... 50.00 Plus $7.50 per lot, not to exceed $500.00 (c) Resubmission. Changes to approved replatlsubdivision of land shall be charged at a rate equal to 50 percent of the original fee. Chapter 102. Vegetation Article II. Tree Protection (a) Removal of tree in lieu of replacement, per inch of dbh ...... 50.00 102 -41 Chapter 110. Zoning (a) Application for rezoning .... ............................... 250.00 110 -92 (b) Application for proposed amendment to chapter ............. 250.00 110 -92 (c) Application for a special exception or variance .............. 250.00 110 -92 (d) Application for appeal of administrative decision ............ 250.00 110 -92 (e) Site plans: 110 -223 (1) Fee schedule. The fee schedule for site plan review shall be: a. One, two and three residential units .............. 37.50 b. Four or more residential units .................... 50.00 Plus $7.50 per unit, not to exceed $500.00 C. Commercial structures, per acre of land or portion thereof .......... ............................... 150.00 d. Extension of site plan ............................ 150.00 Supp. No. 18 CDB:16 APPENDIX B -SCI EDULE OF FEES Description Amount (2) Resubmission. Changes to originally approved site plans shall be charged at a rate equal to 50 percent of the original fee. J (f) Fence height exemption filing fee .......................... 35.00 Code Section 110 -470 (Res. No. 90 -22, § 1, 4- 18 -90; Res. No. 90 -35, § 1, 6- 19 -90; Res. No. 92 -12, § 1, 3- 17 -92; Res. No. 92 -18, § 1, 4- 21 -92; Res. No. 92 -19, § 1, 4- 21 -92; Res. No. 92 -56, § 1, 10- 20 -92; Res. No. 93 -08, § 1, 5 -4 -93; Ord. No. 31 -93, § 1, 9- 21 -93; Ord. No. 41 -93, 10- 19 -93; Ord. No. 44 -93, § 1(683.35), 1 -4 -94; Res. No. 94 -23, § 1, 5 -3 -94; Res. No. 94 -94; § 1, 7- 19 -94; Res. No. 95 -17, § 1, 6- 20 -95; Res. No. 95 -19, § 1, 6- 29 -95; Res. No. 95 -22, § 1, 6- 29 -95; Res, No. 95 -23, § 1, 6- 29 -95; Res. No. 95 -25, § 1, 7- 18 -95; Res. No. 96 -26, § 1, 5- 21 -96; Res. No. 96 -32, § 1, 6- 18 -96; Res. No. 96 -62, § 1, 12- 17 -97; Ord, No. 97 -15, § 1, 5- 20 -97; Ord. No. 97 -18, § 1, 6- 17 -97; Ord. No. 97 -36, § 1, 10 -7 -97; Res. No. 28 -98, § 1, 9- 15 -98; Res. No. 22 -00, § 1, 7- 18 -00; Res. No. 2000 -40, § 1, 10 -3 -00; Res. No. 2000 -42, § 1, 10 -3 -00; Res. No. 2001 -04, § 1, 2 -6 -01; Res. No. 2002 -026, § 1, 7- 16 -02; Ord. No. 13 -2003, § 4, 5- 20 -03; Res. No. 2007 -25, § 1(Exh. A), 9- 18 -07; Res. No. 2009 -19, § 2(Exh. A), 8 -4 -09; Ord. No. 05 -2009, § 4, 9- 15 -09) Supp. No. 18 CDB:17 This page is intentionally left blank i CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 70 -66, 70 -67 70- 69 -70 -71 70- 73 -70 -81 70- 84 -70 -89 3 6 -27(d) 4 10 -48(b) 10 -49 10 -90 10 -103 10- 115(a) 10 -116( g), (h) 10- 123(d) 10- 125(a)2. 10- 128(a) 10- 202(b) 5 34 -176 6 38- 2(d)(1)b. 7 80 -3 8 82 -2 9 110 -523 03 -2007 3- 6 -07 2 102 -36 04 -2007 6 -19 -07 2 110 -1 110 -271, 110 -272 110-291,110-292 110-311,110-312 Added 110- 332(15) Added 110- 486,110 -487 J 06 -2007 10 -16 -07 2 2 -283 3 Dltd 34 -27 34 -95 Dltd 34 -152 Dltd 34 -208 4 110 -582 07 -2007 12- 4 -07 2 110 -2(b) 110 -27(a) 110- 28(b)(3) 110 -33 110 -40(f) Added 110 -87(3) 3 22 -46 4 86 -3(a), (c) 5 90 -50(c) 6 98 -5(a) 09 -2007 12- 4-07 2 Rpld 110 -376 04 -2008 5- 6 -08 2 Added 58 -1 3 110 -1 110 -28(b) 05 -2008 4 -15 -08 2 22 -40(a) 06 -2008 5- 6 -08 2 Added 2- 292 -2 -298 2007- 25(Res.) 9 -18 -07 1(Exh. A) DItd. App. B, Ch. 78, Art. III(b), (c) Added (b) 07 -2008 7- 1 -08 2 70 -66, 70- 70(a), (b) 70 -71, 70 -74 70 -80, 70 -81(a) 70 -86„ 70 -87 J 3 6 -27(d) Supp. No. 18 CCT.21 CAPE CANAVERAL CODE Ordinance Adoption Section Number Date Section this Code 10 -48(b) 08 -2008 7- 1 -08 2 26 -3 01 -2009 2- 3 -09 2 Added 110 -30(b) Rltd (b) as (c) Added 110 -30.1 02 -2009 3- 3 -09 2 82 -31 05 -2009 9 -15 -09 2 Rpld 94 -1 -94 -101 3 Added 94 -1 -94 -120 4 App. B, Ch. 94 07 -2009 8- 4 -09 2 110- 171(a)(2)a. 2009 -19 (Res.) 8- 4 -09 2(Exh. A) App. B, Ch. 82 08 -2009 8 -18 -09 2 Added 82- 15(a) --(d) 10 -2009 9 -15 -09 2 2 -56 2 -69 12 -2009 1- 5 -10 2 102 -36 102 -37(b) Dltd (e) 102- 38(b)(1) Dltd (2),(3) Rnbd (4),(5) as (2),(3) Added (d) 102- 40(b)(3) Added (6) --(10) Rpld 102 -40.5 102 -41 102- 45(a), (b) 102 -49(b) Ch. 102, Table 1.1 13 -2009 12 -15 -09 2 110 -1 Added 110- 482(b), (c) 14 -2009 1- 5 -10 2 Added 74 -57(b) 01 -2010 1 -19 -10 2 22 -39(a) Supp. No. 18 CCT:22 CODE INDEX COMMUNITY DEVELOPMENT Business and cultural development board. 22 -26 et seq. Community appearance review board .... 22 -36 et seq. Land development code regulations re zon- ing . ............................... 110 -26 et seq. See: LAND DEVELOPMENT CODE COMPETITIVE BIDS Purchasing ............................. 2 -216 et seq. See: PURCHASES AND PURCHASING COMPREHENSIVE PLAN Local planning agency Designation of agency, department, com- mittee or person to prepare com- prehensive plan ................. 58 -58 CONCURRENCY MANAGEMENT SYSTEM Fees schedule in general. See: FEES (Ap- pendix B) Land development code regulations ...... 86 -1 et seq. See: LAND DEVELOPMENT CODE Sanitary sewer system .................. 78 -26 et seq. See: SEWERS AND SEWAGE DIS- POSAL CONNECTIONS Sewer connections ...................... 78 -27 et seq. See: SEWERS AND SEWAGE DIS- POSAL CONSTRUCTION Coastal construction code. ............... 82 -88 et seq. Buildings and building regulations. See: LAND DEVELOPMENT CODE CONTRACTORS Local business tax Contractors and subcontractors Special requirements for ........... CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code . . City attorney Duties............................... Supp. No. 18 CONTRACTS AND AGREEMENTS (Cont'd.) Code does not affect prior contracts estab- lishing or occurring ................ Franchise agreements ................... Franchise regulations in general. See: FRANCHISES (Appendix A) Land development code Concurrency management system Transportation facility proportionate fair -share mitigation program Proportionate fair -share agreements Purchasing ............................. See: PURCHASES AND PURCHASING Right- of-way use agreements ............ Vested rights agreements ................ CORPORATE LIMITS Definitions and rules of construction ..... COUNCIL. See: CITY COUNCIL '$�JlJ Animal control ordinance ................ See: ANIMALS AND FOWL Definitions and rules of construction .... . Flood damage prevention ................ See: LAND DEVELOPMENT CODE COURTS Code enforcement citations Payment of penalty; court hearings .... Costs for police education and training ... Kelo vs. City of New London court decision re economic development and emi- nent domain ....................... Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE CULTURAL DEVELOPMENT. See: BUSI- NESS AND CULTURAL DEVELOP- MENT BOARD CYCLONES Civil emergencies ....................... See: CIVIL EMERGENCIES D DANCING AND DANCEHALLS Alcoholic beverage establishments Nudity on premises ................... DEBRIS. See also: SOLID WASTE Burial of debris ......................... 70 -85 DEDICATIONS Land development code regulations re zon- ing................................ 1 -10(a) See: LAND DEVELOPMENT CODE Plats or subdivisions 2- 126(6) Certain ordinances not affected by Code CDi:7 Section 1 -8 66 -1 86 -28 2 -216 et seq. 66 -1 115 -10 1 -2 14 -26 et seq. 1 -2 90 -26 et seq. 2 -289 50 -3 2 -70 110 -26 et seq. 18 -1 et seq. 6 -27 34 -41 110 -26 et seq. 1- 10(a)(12) Section COMMUNITY APPEARANCE REVIEW BOARD Board Established .......................... 22 -37 Membership ......................... 22 -37 Proceedings of the board .............. 22 -39 Qualifications of members ............ 22 -37 Compliance with other code provisions ... 22 -41 Concept plans .......................... 22-45 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 Procedure .............................. 22-42 Statement of findings and purpose ....... 22 -36 COMMUNITY DEVELOPMENT Business and cultural development board. 22 -26 et seq. Community appearance review board .... 22 -36 et seq. Land development code regulations re zon- ing . ............................... 110 -26 et seq. See: LAND DEVELOPMENT CODE COMPETITIVE BIDS Purchasing ............................. 2 -216 et seq. See: PURCHASES AND PURCHASING COMPREHENSIVE PLAN Local planning agency Designation of agency, department, com- mittee or person to prepare com- prehensive plan ................. 58 -58 CONCURRENCY MANAGEMENT SYSTEM Fees schedule in general. See: FEES (Ap- pendix B) Land development code regulations ...... 86 -1 et seq. See: LAND DEVELOPMENT CODE Sanitary sewer system .................. 78 -26 et seq. See: SEWERS AND SEWAGE DIS- POSAL CONNECTIONS Sewer connections ...................... 78 -27 et seq. See: SEWERS AND SEWAGE DIS- POSAL CONSTRUCTION Coastal construction code. ............... 82 -88 et seq. Buildings and building regulations. See: LAND DEVELOPMENT CODE CONTRACTORS Local business tax Contractors and subcontractors Special requirements for ........... CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code . . City attorney Duties............................... Supp. No. 18 CONTRACTS AND AGREEMENTS (Cont'd.) Code does not affect prior contracts estab- lishing or occurring ................ Franchise agreements ................... Franchise regulations in general. See: FRANCHISES (Appendix A) Land development code Concurrency management system Transportation facility proportionate fair -share mitigation program Proportionate fair -share agreements Purchasing ............................. See: PURCHASES AND PURCHASING Right- of-way use agreements ............ Vested rights agreements ................ CORPORATE LIMITS Definitions and rules of construction ..... COUNCIL. See: CITY COUNCIL '$�JlJ Animal control ordinance ................ See: ANIMALS AND FOWL Definitions and rules of construction .... . Flood damage prevention ................ See: LAND DEVELOPMENT CODE COURTS Code enforcement citations Payment of penalty; court hearings .... Costs for police education and training ... Kelo vs. City of New London court decision re economic development and emi- nent domain ....................... Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE CULTURAL DEVELOPMENT. See: BUSI- NESS AND CULTURAL DEVELOP- MENT BOARD CYCLONES Civil emergencies ....................... See: CIVIL EMERGENCIES D DANCING AND DANCEHALLS Alcoholic beverage establishments Nudity on premises ................... DEBRIS. See also: SOLID WASTE Burial of debris ......................... 70 -85 DEDICATIONS Land development code regulations re zon- ing................................ 1 -10(a) See: LAND DEVELOPMENT CODE Plats or subdivisions 2- 126(6) Certain ordinances not affected by Code CDi:7 Section 1 -8 66 -1 86 -28 2 -216 et seq. 66 -1 115 -10 1 -2 14 -26 et seq. 1 -2 90 -26 et seq. 2 -289 50 -3 2 -70 110 -26 et seq. 18 -1 et seq. 6 -27 34 -41 110 -26 et seq. 1- 10(a)(12) CAPE CANAVERAL CODE Section DRAINS AND DRAINAGE (Cont'd.) Subdivisions Land development code regulations.... 98 -1 et seq. See: LAND DEVELOPMENT CODE DRUNKS AND DRUNKENNESS Alcoholic beverages ..................... 6 -1 et seq. See: ALCOHOLIC BEVERAGES DUNES Parking prohibited ...................... 74 -59 Wetlands protection ..................... 106 -26 et seq. See: LAND DEVELOPMENT CODE E EARTHQUAKES Civil emergencies ....................... 18 -1 et seq. See: CIVIL EMERGENCIES EASEMENTS Section DEEDS 18 -1 et seq. Certain ordinances not affected by Code.. 1- 10(a)(2) DELEGATION OF AUTHORITY Definitions and rules of construction ..... 1 -2 DENSITY 2 -70 Land development code regulations re zon- 38 -56 ing ................................ 110 -26 et seq. See: LAND DEVELOPMENT CODE 26 -5 DEPARTMENTS AND OTHER AGENCIES 26 -2 OF CITY. See also: BOARDS, COMMIT- TEES AND COMMISSIONS 26 -3 City manager 26 -1 Powers and duties .................... 2- 101(6) Definitions and rules of construction ..... 1 -2 Delegation of authority 78 -58 Definitions and rules of construction... 1 -2 Fire department ........................ 38 -56 et seq. See: FIRE PREVENTION Joint authority Definitions and rules of construction... 1 -2 Local planning agency ................... 58 -56 et seq. See: PLANNINGAND DEVELOPMENT Police department ...................... 42 -26 DEVELOPMENT DISTRICTS Land development code regulations re zon- ing ................................ 110 -26 et seq. See: LAND DEVELOPMENT CODE DEVELOPMENT. See: PLANNINGAND DE- VELOPMENT DISCHARGES Sewers .. ............................... 78 -96 et seq. See: SEWERS AND SEWAGE DIS- POSAL DISCRIMINATION Cable television franchise. See. FRAN- CHISES (Appendix A) Gas franchise agreement. See: FRAN- CHISES (Appendix A) DISTRICTS Land development code regulations re zon- ing ................................ 110 -26 et seq. See: LAND DEVELOPMENT CODE DRAINS AND DRAINAGE Concurrency management ............... 86 -1 et seq. See: LAND DEVELOPMENT CODE Flood damage prevention ................ 90 -26 et seq. See: LAND DEVELOPMENT CODE Outdoor entertainment permit require - ments ............................. 10 -62(1) Sanitary sewer system .................. 78 -26 et seq. See: SEWERS AND SEWAGE DIS- POSAL Street excavations ...................... 66 -61 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Section DRAINS AND DRAINAGE (Cont'd.) Subdivisions Land development code regulations.... 98 -1 et seq. See: LAND DEVELOPMENT CODE DRUNKS AND DRUNKENNESS Alcoholic beverages ..................... 6 -1 et seq. See: ALCOHOLIC BEVERAGES DUNES Parking prohibited ...................... 74 -59 Wetlands protection ..................... 106 -26 et seq. See: LAND DEVELOPMENT CODE E EARTHQUAKES Civil emergencies ....................... 18 -1 et seq. See: CIVIL EMERGENCIES EASEMENTS Subdivisions 18 -1 et seq. Land development code regulations.... 98 -1 et seq. See: LAND DEVELOPMENT CODE ECONOMIC DEVELOPMENT 110 -484 Eminent domain powers of council re..... 2 -70 ELECTIONS 38 -56 Certain ordinances not affected by Code. . 1- 10(a)(16) Early voting exemption .................. 26 -5 Penalties for violations .................. 26 -2 Qualifying period Generally ............................ 26 -3 State election code adopted .............. 26 -1 ELECTRICITY Fees schedule in general. See: FEES (Ap- pendix 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 ....................... 18 -1 et seq. See: CIVIL EMERGENCIES Emergency pad - mounted generators Zoning requirements ................. 110 -484 Fire protection services; emergency medi- caI services ........................ 38 -56 Flood damage prevention ................ 90 -26 et seq. See: LAND DEVELOPMENT CODE Franchise regulations in general. See: FRANCHISES (Appendix A) Land development code Signs; emergency response system..... 94 -77 Purchase ............................... 2 -221 Sanitary sewer system Termination of service and emergency . 78 -58 l i Supp. No. 18 CDi:8 l 1 i 1 CODE INDEX Section HURRICANES Civil emergencies ....................... 18 -1 et seq. See: CIVIL EMERGENCIES I Section 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 (Ap- 10 -62(9) pendix B) Land development code 94 -1 et seq. Concurrency management system Transportation facility proportionate 80 -5 fair -share mitigation program Impact fee credit for proportionate fair -share mitigation........ 86 -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 DIS- POSAL IMPRISONMENT. See: PRISONSAND PRIS- ONERS IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS INDECENCY AND OBSCENITY Sexually oriented businesses, adult enter- tainment 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 .............. Building sewers Notice for ............................ Code enforcement citations Enter upon property, authorization to.. Flood damage prevention ................ See: LAND DEVELOPMENT CODE Reinspection fees Fees schedule in general. See: FEES (Appendix B) Signs Land development code regulations.... See: LAND DEVELOPMENT CODE Street excavations ...................... Supp. No. 18 82 -21 78 -79 2 -290 90 -26 et seq. 94 -1 et seq. 66 -63 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 ........................ Aesthetic requirements of signs .......... Alleys Subdivision design standards......... . Alterations Natural surface waters ............... Appeals and arbitrations Concurrency management ............ Area Subdivisions ......................... Zoning requirement .................. See within this title: Zoning Areas of shallow flooding (AO zones) Flood hazard standards ............... Awnings and canopies ................... Blocks Subdivision design standards......... . Boundary Iine survey Subdivisions ......................... Bridges Subdivisions Design standards .................. CDi. 3 94 -62(a) 94 -65 98 -110 90 -173 86 -3 98 -5 10 -336 et seq. 90 -68 94 -82 98 -106 98 -93 98 -116 Section INSPECTIONS (Cont'd.) Vehicles for hire, mechanical inspections.. 80 -76(d) INSURANCE AND INSURANCE COMPA- NIES Fireworks .............................. 38 -86 Franchise regulations in general. See: FRANCHISES (Appendix A) Outdoor entertainment permit require - ments ............................. 10 -62(9) Signs Land development code regulations .... 94 -1 et seq. See: LAND DEVELOPMENT CODE Vehicles for hire ........................ 80 -5 INTERSECTIONS Visibility at intersections Land development code regulations re zoning .......................... 110 -26 et seq. See: LAND DEVELOPMENT CODE INTOXICATING BEVERAGES. See: ALCO- HOLIC BEVERAGES ITINERANT MERCHANTS. See: PEDDLERS, CANVASSERS AND SOLICITORS 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 ........................ Aesthetic requirements of signs .......... Alleys Subdivision design standards......... . Alterations Natural surface waters ............... Appeals and arbitrations Concurrency management ............ Area Subdivisions ......................... Zoning requirement .................. See within this title: Zoning Areas of shallow flooding (AO zones) Flood hazard standards ............... Awnings and canopies ................... Blocks Subdivision design standards......... . Boundary Iine survey Subdivisions ......................... Bridges Subdivisions Design standards .................. CDi. 3 94 -62(a) 94 -65 98 -110 90 -173 86 -3 98 -5 10 -336 et seq. 90 -68 94 -82 98 -106 98 -93 98 -116 Supp. No. 18 CDB4 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Buffers Property maintenance code, interna - Protection of trees and vegetation of tional buffers ......................... 102-41 Adopted ........................... 82 -221 Buildings and building regulations Public right -of -way ................... 82 -19 Additional data ...................... 82 -16 Records .............................. 82 -6 Building code, Florida Restrictions on employees ............. 82 -5 Adopted ........................... 82 -31 Revocation of permits................. 82 -11 Appeals ........................... 82 -33 Right of entry........................ 82 -9 Establishment of construction board Schedule of permit fees ............... 82 -15 of adjustment and appeals..... 82 -32 Special foundation permit ............. 82 -18 Procedures of the board ............ 82 -34 Stop work orders ..................... 82 -10 Building department ................. 82 -3 Tests. ............................... 82 -22 Employee qualifications ............ 82-4 Unsafe building abatement code, stan- Citations; unlicensed contractors; fail- dard ure to obtain building permit Adopted ........................... 82 -56 Administrative hearings; accrual of Unsafe buildings or systems........... 82 -12 penalties ..................... 82 -383 Bulkheads and retaining walls Appeals of code enforcement board Subdivision design standards.......... 98 -118 decisions ..................... 82 -384 Burials Citation form 82 -378 Stormwater management Construction contrcting contracting violations, Bury inspections ................... 90- 195(2) citation authorized for......... 82 -377 C -1 Low Density Commercial District. See Correction of violation; payment of also herein: Zoning Signs in ............................. 94 -99 penalty; notice of hearing p y' g ' 2 -382 C -2 Low Density Commercial District. See Findings ................ _ ... . . 82 -376 also herein: Zoning Intent; purpose .................... Notices ............................ 82 -375 82 -386 Signs in ............................. Canals 94 -99 - Penalty ........................... 82 -379 ,Subdivision design standards.......... 98 -117 Recording code enforcement board or- Certificate of completion ders ......................... 82 -385 Subdivisions ......................... 98 -83 Refusal to sign citation ............. 82 -380 City Stop work ......................... 82 -381 Stormwater management master plan, Coastal construction code compliance with city plan ........ 90 -164 Structural requirements for major Subdivisions, review of preliminary plat 98 -45 structures .................... 82 -88 Civil penalties Design conditions .................. 82 -89 Tree protection, Iand clearing ......... 102 -37 Concurrency management Coastal construction code ................ 82 -88 et seq. Generally ......................... 86 -1 et seq. See herein: Buildings and Building Reg - See herein: Concurrency Manage- ulations ment Coastal high hazard areas (V zones) Existing building inspections.......... 82 -20 Flood hazard regulations .............. 90 -65 General .............................. 82 -8 Codes. See also herein: Buildings and Build - Hazardous occupancies ............... 82 -17 ing Regulations Inspection service .................... 82 -21 Building code ........................ 82 -31 et seq. Liability ............................. 82 -7 Coastal construction code............. 82 -88 et seq. Local business tax receipt required for Property maintenance code............ 82 -221 et seq. contractors ...................... 82 -2 Unsafe building abatement code....... 82 -56 et seq. Numbering of buildings and property Compliance certification Administration .................... 82 -368 Expiration of concurrency compliance Assignment of numbers ............ 82 -369 certification ..................... 86 -9 Numbering multiple-family structures 82 -370 Concurrency management system Posting and specifications of numbers 82 -371 Appeals .............................. 86 -3 Purpose ........................... 82 -366 Application for concurrency evaluation. 86 -5 System established; incorporation of Concurrency evaluation finding of defi- map ......................... 82 -367 ciency .......................... 86 -7 Permit intent ........................ 82 -14 Conditional approval of development or- Permitting and inspection ............. 82 -13 dens or permits l Proof of competency .................. 82 -1 Building permit.................... 86 -12(2) J Supp. No. 18 CDB4 Supp. No. 18 CDi:15 CODE INDEX Section Section - LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Subdivision plats and site plans .... 86 -12(1) Corner lots Criteria for evaluation of levels of ser- Signs . ............................... 94 -64(c) vice of public facilities County Building permits of insignificant im- Stormwater management master plan, pact .......................... 86 -6(1) compliance with county.......... 90 -164 Drainage facilities ................. 86 -6(7) Criminal penalties Parks and open space .............. 86 -6(6) Tree protection, land clearing ......... 102 -38 Potable water facilities ............. 86 -6(4) Decision making Sanitary sewer facilities ............ 86 -6(3) Concurrency evaluation, responsibility Solid waste facilities ............... 86 -6(5) for decision making in ........... 86 -4 Transportation facilities ............ 86 -6(2) Dedication Cumulative level -of- service records .... 86 -10 Stormwater management ............. 90 -191 Decision making in concurrency evalua- Design standards tion, responsibility for ........... 86 -4 Stormwater management ............. 90 -161 et seq. Definitions ........................... 86 -2 See herein: Floods Duration concurrency compliance certi- Subdivisions ......................... 98 -106 et seq. fication after issuance of develop- See herein: Subdivisions ment permit Detention and retention areas Commercial, industrial or multifam- Ranks of ............................. 90 -172 ily developments .............. 86 -8(4) Configuration of shoreline of .......... 90 -174 Individual single - family development 86 -8(3) Stormwater management ............. 90 -162 Residential subdivision or phase or Development unit thereof, including planned Concurreney management unit development ............. 86 -8(2) Generally ......................... 86 -1 et seq. Site development plan approval..... 86 -8(1) See herein: Concurrency Manage - Expiration of concurrency compliance went certification ..................... 86 9 Districts \ Operating systems, procedure and task Zoning districts. See herein: Zoning Concurrency monitoring............ 86 -11(b) Drainage % Measuring potential impacts........ 86 -11(c) Concurrency management Overall concurrency management... 86 -I1(a) Generally ......................... 86 -1 et seq. Purpose and intent ................... 86 -1 See herein: Concurrency Manage- Transportation facility proportionate fair- ment share mitigation program Stormwater management Applicability ....................... 86 -22 Compatibility with adjacent systems 90 -171 Application process ................ 86 -25 Subdivision improvements ............ 98 -91 Appropriation of fair -share revenues 86 -29 Easements Cross jurisdictional impacts ........ 86 -30 Subdivision design standards.......... 98 -108 Determining proportionate fair -share Electronic signs ......................... 94 -78 obligation .................... 86 -26 Elevation, floodproofing and siting General requirements .............. 86 -23 Subdivision improvements ............ 98 -88 Impact fee credit for proportionate Enforcement ............................ 94 -105 fair -share mitigation .......... 86 -27 Final acceptance of work Intergovernmental coordination..... 86 -24 Subdivisions ......................... 98 -94 Proportionate fair -share agreements 86 -28 Flashing signs prohibited ................ 94 -6(d) Purpose and intent ................ 86 -21 Flood damage prevention ................ 90 -26 et seq. Vested rights ......................... 86 -13 See herein: Floods Conservation Floodplain protection .................... 90 -91 et seq. Water conservation ................... 90 -176 See herein: Floods Construction Floods Coastal construction code ............. 82 -88 et seq. Flood damage prevention See herein: Buildings and Building Abrogation and greater restriction .. 90 -33 Regulations Administrator Stormwater management Designation of .................. 90 -46 Construction methods and materials 90 -180 Duties and responsibilities of..... 90 -47 Subdivisions ......................... 98 -66 et seq. Areas of special flood hazard See herein: Subdivisions Applicability of provisions........ 90 -30 Control elevation Stormwater management ............. 90 -181 Basis for establishing............ Compliance with provisions......... 90 -31 90 -32 Supp. No. 18 CDi:15 Supp. No. 18 CDi:16 CAPE CANAVERAL CODE Section Section 1 / LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Definitions ........................ 90 -26 Compliance with county or city Development permit stormwater management Establishment of ................ 90 -48 master plan................ 90 -164 Procedures ...................... 90 -49 Configuration of shoreline of deten- Findings of fact .................... 90 -27 tion and retention areas .... 90 -174 Flood hazard reduction Configurations creating stagnant Coastal high hazard areas (V zones) 90 -65 water conditions............ 90 -166 Elevated buildings ............... 90 -62(d) Conformance to standards ....... 90 -161 Floodways ...................... 90 -64 Construction methods and materi- General standards ............... 90 -61 als ........................ 90 -180 Generals .... Generally ........ 90 -62(a) Control elevation ................ 90 -1.81 Manufactured homes and recre- Detention and retention system .. 90 -162 ational vehicles, standards for 90 -63 Directing runoff ................. 90 -165 Nonresidential construction ...... 90 -62(c) Discharge volumes, notification of 90 -179 Residential construction ......... 90 -62(b) Native vegetation buffers ........ 90 -177 Streams without established base Natural surface waters used as sed- flood elevation and floodways, iment traps ................ 90 -175 Phased developments............ 90 -178 standards for .............. 90 -66 Proper functioning .............. 90 -168 Interpretation ..................... 90 -34 Surface water channeled into san- Objectives ......................... 90 -29 itary sewers................ 90 -170 Penalties for violation .............. 90 -36 Water reuse and conservation .... 90 -176 Statement of purpose .............. 90 -28 Enforcement and penalties ......... 90 -120 Subdivision proposals, standards for 90 -67 Maintenance Areas of shallow flooding (AO Applicant as acceptable entity.... 90- 192(c) zones), standards for ....... 90 -68 Dedications ..................... 90 -191 Variance procedure ................ 90 -50 Failure to maintain.............. 90 -194 Warning and disclaimer of liability.. 90 -35 Inspection ...................... 90 -195 l Floodplain protection Maintenance by approved entity /! Definitions ........................ 90 -91 Acceptable responsible entity .. 90- 192(a) Development in designated floodplains 90 -93 Phased projects ............... 90- 192(b) Prohibited uses .................... 90 -94 Plan for operation and mainte- Purpose and intent ................ 90 -92 nance program ............. 90 -193 Maintenance Performance standards Stormwater management........... 90 -191 et seq. Computation .................... 90 -146 See within this subheading: Rainfall intensity ................ 90 -147 Stormwater Management Water quality requirements ...... 90 -149 Water quantity requirements..... 90 -148 Performance standards Permit Stormwater management........... 90 -146 et seq. Application See within this subheading: Information required .......... 90 -134 Stormwater Management Plan required ................. 90 -133 Permits Exemptions ..................... 90 -132 Stormwater management........... 90 -131 et seq. Required ........................ 90 -131 See within this subheading: Previous approvals, standards of.... 90 -119 Stormwater Management Purpose and intent ................ 90 -117 Stormwater management Relationship to other stormwater man- Definitions ........................ 90 -116 agement requirements ........ 90 -118 Design standards Variances ......................... 90 -121 Accommodation of stormwaters Grading code. See herein: Excavation and onsite and offsite ........... 90 -167 Grading Code Alteration of natural surface wa- Ground signs ........................... 94- 64(f), 94 -84 ters ....................... 90 -173 Hardship variances Banks of detention and retention Subdivisions ......................... 98 -4(a) areas ...................... 90 -172 Hazardous signs........................ 94 -62(b) Best management practices ...... 90 -163 Height Certification .................... 90 -169 Signs. ............................... 94 -64(e) Compatibility with adjacent drain- Home occupation signs .................. 94 -83 age system ................. 90 -171 Implied consent ......................... 94 -110 Supp. No. 18 CDi:16 Supp. No. 18 CDi:17 CODE INDEX Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Ingress or egress Parks and recreation areas Signs, obstruction of .................. 94 -6(b) Concurrency management Inspections Generally ......................... 86 -1 et seq. Signs See herein: Concurrency Manage - By administrator .................. 94 -36 ment Generally ......................... 94 -37 Performance standards Stormwater management ............. 90 -195 Stormwater management ............. 90 -146 et seq. Subdivisions ......................... 98 -80 et seq. See herein: Floods See herein: Subdivisions Permanent markers Land clearing Subdivision improvements ............ 98 -87 Tree protection ....................... 102 -36 et seq. Permit numbers See herein: Tree Protection Signs, display of ............... .•.•.•. 94 -64(d) Landscaping Permits Concurrency management List of recommended landscaping plants p g p 102 -44 Conditional approval of development Lights and lighting orders of permits ............. 86 -12 Signs . ............................... 94 -63 Signs................. ••••••••••••••• 94 -31 et se q. Location See herein: Signs Measurements Stormwater management permit ...... 90 -131 et seq. Signs ............................. 94 -64(e) See herein. Floods Lots Subdivision construction permit ....... 98 -69 et seq. Subdivision design standards.......... 98 -107 See herein: Subdivisions M -1 Light Industrial and Research and Tree protection, land clearing ......... 102 -39, 102 -40 Development District. See also herein: Permitted uses Zoning Wetlands protection .................. 106 -29 Signs . ............................... 94 -99 Phased developments Maintenance Stormwater management ............. 90 -178 Stormwater management ............. 90 -191 et seq. Planning and zoning board = See herein: Floods Subdivisions Manufactured homes and recreational ve- Final plats hicles Recommendations of planning and Special flood hazard areas, standards zoning hoard ............... 98 -61 for ............................. 90 -63 Powers of ......................... 98 -3 Master plans Preliminary plat Stormwater management, compliance Review by planning and zoning with city or county master plan .. 90 -164 board, city council .......... 98-46 Measurement and placement Plats Signs . ............................... 94 -64 Subdivision plats..................... 98 -31 et seq. Mitigation See herein: Subdivisions Wetlands protection .................. 106 -31 Portable signs.......................... 94 -6(e) Native vegetation buffers Potable water systems Stormwater management ............. 90 -177 Concurrency management Natural surface waters Generally ......................... 86 -1 et seq. Alteration of ......................... 90 -173 See herein: Concurrency Manage - Sediment traps, used as .............. 90 -175 ment Obstructions Subdivision design standards.......... 98 -112 Signs, obstruction of free ingress or egress 94 -6(b) Prohibited uses Off - premises signs ...................... 94 -80 Floodplain ........................... 90 -94 Off -site signs Wetlands protection .................. 106 -30 Generally ............................ 94 -6(g) Projecting signs......................... 94 -79 Open burning Property maintenance code .............. 82 -221 et seq. Natural cover ........................ 102 -42 See herein: Buildings and Building Reg - Open space ulations Concurrency management Public facilities Generally ......................... 86 -1 et seq. Concurrency management See herein: Concurrency Manage- Criteria for evaluation of levels of ment service of........... 86 -6 Supp. No. 18 CDi:17 Supp. No. 18 CDi:18 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Generally ........... . ..... . ....... 86 -1 et seq. C -1 Low Density Commercial District, See herein: Concurrency Manage- C -2 Commercial.Manufacturing ment District and M -1 Light Industrial Public sites and open spaces and Research and Development Dis- Subdivision design standards.......... 98 -109 trict ............................ 94 -99 R -1 Low Density Residential District. See Conformance to provisions ............ 94 -7 also herein: Zoning Definitions .. ......................... 94 -1 Signs . ............................... 94 -96 Electronic signs..- .........- ......... 94 -78 R -2 Medium Density Residential District. Emergency response system.... _ .... 94 -77 See also herein: Zoning Enforcement ......................... 94 -105 Signs . .... ....... .................... 94 -97 Exemptions .......................... 94 -4 R -3 Medium Density Residential District. Fees See also herein: Zoning Inspections and permits ....... - .. , . 94-35 Signs . ..... ......... ...... ....... .. .. 94 -98 Ground signs ........................ 94 -84 Rainfall intensity Hazardous signs ..................... 94 -62(b) Stormwater management ............. 90 -147 Home occupation signs................ 94 -83 Records Identification ... ..................... 94 -8 Concurrency management Implied consent .. ... ................. 94 -110 Cumulative level -of- service records.. 86 -10 Inspection Remedies By administrator .................. 94 -36 Subdivisions ......................... 98 -6 Fees ..................- ......... -. 94 -35 Reuse Notice for . ........................ 94 -37 Water reuse .......................... 90 -176 Lighting ............................. 94 -63 Revegetation Maintenance, notice to repair ......... 94 -11 Tree protection ....................... 102-43 Measurement and placement, criteria Rights -of -way and standards for Signs on .......... ...... .... ......... 94 -6(c) Area .............................. 94 -64(a) Roadways Combinations of signs .............. 94 -64(b) Concurrency management Cornerlots ........................ 94 -64(c) Generally ......................... 86-1 et seq. Display of permit number .......... 94 -64(d) See herein: Concurrency Manage- Ground signs ...................... 94 -64(f) ment Height, setback and location measure - Sanitary sewer system ments ........................ 94 -64(e) Generally ...... ...................... 78 -26 et seq. Size limits......................... 94 -64(g) See: SEWERS AND SEWAGE DIS- Off- premises signs POSAL Generally ......................... 94 -80 Subdivision design standards.......... 98 -113 Temporary off - premises signs . - ..... 94 -81 Sediment traps Penalty for violation . .............. . .. 94 -5 Natural surface waters used as........ 90 -175 Permits Setbacks Application for; review time limits .. 94 -32 Signs . .. ............................. 94 -64(e) Fees ............................ -. 94 -35 Severability . ....... .................... 94 -120 Issuance of....- ................... 94 -33 Sewers Required ..... ...... .. ............. 94 -31 Concurrency management Revocation of ...................... 94 -34 Generally ................... . ..... 86 -1 et seq. Placement See herein: Concurrency Manage - Restrictions on .............. ...... 94 -61 ment Prohibited signs and sign features Subdivision improvements ............ 98 -90 Flashing signs prohibited........... 94 -6(d) Shopping centers or multi - tenant centers Obstruction of free ingress or egress. 94 -6(b) Signs Off -site signs ...................... 94 -6(g) Shopping center or multi -tenant cen- Portable signs ..................... 94 -6(e) ter in any district ............. 94 -100 Public utility poles and trees, signs Signs on ........................... 94 -6(a) Abandoned signs ..................... 94 -62(a) Rights -of -way, signs on .. - .......... 94 -6(c) Administrator .. ...................... 94-3 Vehicles, signs on .................. 94 -6(f) Inspection by ...................... 94 -36 Projecting signs...................... 94 -79 Aesthetic requirements of signs ....... 94 -65 Purpose and scope .................. . . 94 -2 Awnings and canopies ................ 94 -82 R -1 Low Density Residential District .. 94 -96 Supp. No. 18 CDi:18 f CODE Section INDEX Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) R -2 Medium Density Residential Dis- Final plats trict ............................ 94 -97 Construction of.................... 98 -70(2) R -3 Medium Density Residential Dis- Flood hazard standards ............... 90 -67 trict ............................ 94 -98 Improvements Severability .......................... 94 -120 Boundary line survey .............. 98 -93 Shopping center or multi - tenant center Design standards in any district ................... 94 -100 Alleys .......................... 98 -110 Temporary off - premises signs.......... 94 -81 Blocks .......................... 98 -106 Temporary on- premises signs.......... 94 -76 Bridges ......................... 98 -116 Traffic hazard, signs constituting...... 94 -62(c) Bulkheads or retainer walls...... 98 -118 Variances ............................ 94 -85 Canal .......................... 98 -117 Viewpoint neutral .................... 94 -115 Easements...................... 98 -108 Wind pressure and dead load.......... 94 -9 Lots ............................ 98 -107 Site plan Potable water systems ........... 98 -112 Wetlands protection development requir- Public sites and open spaces ..... 98 - 109 ing ............................. 106 -28 Sanitary sewer system........... 98 -113 Size limits Streets, roads and alleys Signs . ............................... 94 -64 (g) Generally .................... 98 -114 Solid waste Technical specifications........ 98 -115 Concurrency management Surface and storm drainage ...... 98 -111 Generally ......................... 86 -1 et seq. Development and enforcement of pro - See herein: Concurrency Manage- visions ....................... 98 -86 went Drainage .......................... 98 -91 Stagnant water conditions Elevation .......................... 98 -88 Configurations ....................... 90 -166 Final acceptance of work ........... 98 -94 Stormwater management Permanent markers ................ 98 -87 —, Generally ............................ 90 -116 et seq. Sewers ............................ 98 -90 � See herein: Floods Streets ............................ 98 -92 1 Streams without established base flood el- Water supply ...................... 98 -89 / evation on floodways Permits Flood hazard standards ............... 90 -66 Construction permits............... 98 -69 et seq. Streets See within this subheading: Con - Subdivisions struction Design standards .................. 98 -114, 98 -115 Planning and zoning board Improvements ..................... 98 -92 Final plats Names ............................ 98 -119 Recommendations of pl annin g and Subdivisions zoning board ............... 98 -61 Appeals and arbitrations .............. tr98 -5 Powers of ......................... 98 -3 Certificate of completion .............. 98 -83 Preliminary plats, review........... 98 -46 City Plats Review of preliminary plan ......... 98-45 Final plat Construction Application for approval ......... 98 -60 Certificate of completion Conformance to preliminary plat . 98 -56 Issuance of ...................... 98 -83 Data required for final approval.. 98 -58 Inspection ......................... 98 -80 Documents required prior to ap- Notification ....................... 98 -82 proval..................... 98 -59 Permit Number of copies ................ 98 -57 Approval of plans and specifica- PIanning and zoning board recom- tions ...................... 98 -73 mendations................ 98 -61 Issuance ........................ 98 -75 Recording ....................... 98 -62 Master survey point ............. 98 -74 Preapplications Procedures ...................... 98 -70 Review procedures .............. 98 -36 Required; penalty ............... 98 -69 Preliminary plat Review ......................... 98 -72 City review ..................... 98-45 Submission of construction plans Information required ............ 98 -41 and specifications .......... 98 -71 Planning and zoning board proce- Terms; revocation ............... 98 -76 dures...................... 98 -46 Submission of data ................. 98 -81 Scale; proposals ................. 98 -43 / Definitions ........................... 98 -1 Time limit ...................... 98 -47 Supp. No. 18 CDi:19 Supp. No. 18 CDi:20 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Topographic data ................ 98 -42 Stormwater management ............. 90 -121 Purpose ............................. 98 -2 Subdivisions ......................... 98 -4 Remedies ............................ 98 -6 Variances, special exceptions, rezonings, Variance administrative appeals........... 10 -26 et seq. Application ........................ 98 -4(b) See herein. Zoning Conditions ........................ 98 -4(e) Vegetation Hardship .......................... 98 -4(a) Tree protection ....................... 102 -26 et seq. Prerequisites to granting........... 98 -4(d) See herein: Tree Protection Public hearing; notice .............. 98 -4(c) Vegetation buffers Wetlands protection requiring subdivi- Stormwater management sion plat ........................ 106 -28 Native vegetation buffers ........ 90 -177 Surface and storm drainage Vehicles Subdivision design standards.......... 98 -111 Signs on ............................. 94 -6(f) Surface water Vested rights Channeled into sanitary sewer ........ 90 -170 Concurrency management ............ 86 -13 Temporary storage units ................. 82-400 Viewpoint neutral....................... 94 -115 Topographic data Water supply Subdivision plat ...................... 98-42 Subdivision improvements ............ 98 -89 Traffic Wetlands protection Concurrency management Definitions ........................... 146-26 Generall y ......................... 86 -1 et seq. Development requiring site plan or sub - See herein: Concurrency Manage- division plat .................... 106 -28 ment Signs constituting traffic hazards...... 94 -62(c) Mitigation ........................... 106 -31 Tree protection Permitted uses ........ . •••••••••••••• 106 -29 Land clearing Prohibited uses ...................... 106 -30 Definitions ........................ Development and construction 102 -36 Purpose and intent ................... Wind pressure and dead load 106 -27 Tree protection during; periodic in- Signs . ............................... 94 -9 spection ................... 102 -46 Zoning Enforcement and penalties ......... 102 -38 Access Implementing division C -1 Low Density Commercial District 110 -339 Rules and regulations and fees ... 102 -51 Generally ......................... 110 -472 List of Offstreet parking .................. 110 -493 Desirable species and plants ..... 102 -52 R -1 Low Density Residential District 110 -278 Preferred plant list .............. 102 -54 R -2 Medium Density Residential Dis- Undesirable species ............. 102 -53 trict ......................... 110 -298 Minimum tree requirement......... 102-45 R -3 Medium Density Residential Dis- Open burning of natural cover...... 142 -50 trict ......................... 110 -318 Permits ........................... 102 -39 Accessories Criteria; exemptions; standards of Swimming pools ................... 114 -583 review ..................... 102-40 Accessory uses and structures Prohibitions ....................... 102-44 C -1 Low Density Commercial District 110 -333 Remedial action ................... 102 -49 C -2 Commercial/Manufacturing Dis- Special waiver provision............ 102-42 trict ......................... 110 -382 Specimen trees .................... 102 -41 Generally ......................... 110 -468 Title; applicability; intent and pur- M -1 Light Industrial and Research pose; exceptions .............. 102 -37 and Development District ..... 110 -353 Tree replacement guidelines ........ 102-43 R -1 Low Density Residential District 110 -273 Voluntary tree planting ............ 102-47 R -2 Medium Density Residential Dis- Waivers; incentive program; adminis- trict ......................... 110 -293 trative interpretation appeals; R -3 Medium Density Residential Dis- incentive program ............ 102-48 trict ......................... 110 -313 Undesirable species, list of .............. 102 -45 Residential planned unit develop - Unsafe building abatement code ......... 82 -56 et seq. ments ....... :................ 110 -439 See herein: Buildings and Building Reg- Administrative review ulations Appeal notice, hearing ............. 110 -29(b) Variances Authority ......................... 110 -29(a) Generally ............................ 94 -85 Stay of proceedings ................ 110 -29(c) Supp. No. 18 CDi:20 Section CODE INDEX Section LAND DEVELOPMENT CODE (Cont'd) Alcoholic beverages Special exceptions for establishments serving ....................... 110 -171 Temporary alcoholic beverage per- mits ......................... 110 -172 Appeals Special exceptions. See herein: Vari- ances, Special Exceptions, Rezon- ings, 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 Supp. No. 18 M20.1 Section This page is intentionally left blank r� CODE INDEX j Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Research and development districts Schedule of fees, charges and expenses. 110 -92 M -1 Light Industrial and Research Screening and Development District ..... 110 -351 et seq. C -1 Low Density Commercial District 110 -338 See within this subheading: M -1 C -2 Commercial/Manufacturing Dis - Light Industrial and Research trict ......................... 110 -387 and Development District Commercial or industrial districts... 110 -566 Residential districts M -1 Light Industrial and Research R -1 Low Density Residential District 110 -271 et seq. and Development District ..... 110 -358 See within subheading: R -1 Low Setbacks Density Residential District Building setback lines .............. 110 -536 R -2 Medium Density Residential Dis- C -1 Low Density Commercial Dis- trict ......................... 110 -291 et seq. trict, minimum setbacks....... 110 -337 See within subheading: R -2 Me- C -2 Commercial /Manufacturing Dis - dium Density Residential Dis- trict ......................... 110 -386 trict District ........................... 110 -251 R -3 Medium Density Residential Dis- Duplicate use of ................... 110 -252 trict ......................... 110 -311 et seq. Encroachments .................... 110 -538 See within subheading: R -3 Me- Erection of more than one principal dium Density Residential Dis- structure on lot ............... 110 -537 trict M -1 Light Industrial and Research Residential planned unit developments and Development District ..... 110 -357 Bonding ........................... 110 -407 R -1 Low Density Residential District, Building permit .................... 110 -406 minimum setbacks............ 110 -277 Common open space, drainage sys- R -2 Medium Density Residential Dis - tems, private roads and other trict ......................... 110 -297 related common facilities ...... 110 -404 R -3 Medium Density Residential Dis- - -, Development plans trict, minimum setbacks....... 110 -317 Application ..................... 110 -421 Residential planned unit develop - Procedure for approval of final de ments ........................ 110 - 439 velopment plan ............. 110 -423 Swimming pools, minimum ......... 110 -584 Procedure for receiving approval of Townhouses, minimum setbacks .... 110 -373 preliminary development plan Sewage disposal ...................... 110 -479 and tentative zoning........ 110 -422 Sidewalks Enforcement ....................... 110 -409 Required .......................... 110 -475 Land use regulations Signs_ ............................. 94 -64(a) Development standards.......... 110 -444 Single -family mobile home districts Maximum density ............... 110 -437 Nonconformities ................... 110 -192 Maximum length of structures ... 110 -440 Site plans Minimum common recreation and Criteria required ................... 110 -222 open space ................. 110 -438 Expiration ......................... 110 -224 Minimum floor area ............. 110 -441 Review procedures................. 110 -223 Minimum lot area; frontage; set- Submittal and review required...... 110 -221 backs; accessory uses ....... 110 -439 Special exceptions Minimum size ................... 110 -436 Alcoholic beverages Offstreet parking ................ 110 -442 Establishment serving alcoholic Preservation of trees ............. 110 -445 beverages.................. 110 -171 Underground utilities............ 110 -443 Temporary alcoholic beverage per - Permitted uses .................... 110 -403 mits....................... 110 -172 Physical review .................... 110 -405 Structures and uses approved by spe- Purpose and intent ................ 110 -402 cial exception ................. 110 -161 Termination zone .................. 110 -408 Variances, special exceptions, rezon- Residential use antennas ............. 110 -478 ings, administrative appeals. See Resort dwellings; resort condominiums; herein that subject nonconforming use status, expira- Special exceptions permissible by board tion ............................ 110 -486 of adjustment Rezoning. See herein: Variances, Special C -1 Low Density Commercial District 110 -334 Exceptions, Rezonings, Administra- M -1 Light Industrial and Research tive Appeals and Development District ..... 110 -354 Satellite dishes ....................... 110 -478 R -1 Low Density Residential District 110 -274 Supp. No. 18 CDi25 Supp. No. 18 CDz:26 CAPE CANAVERAL CODE —� Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) R -2 Medium Density Residential Dis- Special exception trict ......................... 110 -294 Applicant obligations ............ 110 -38 R -3 Medium Density Residential Dis- Procedure. ...................... 110 -39 trict ......................... 110 -314 Special notice requirements ........ 110 -28 Storing Staff' review; application deficiencies 110 -30 Certain vehicles ................... 110 -554 Variances Streets Applicant obligations ............ 110 -36 Requirements for structures........ 110 -255 Procedure ....................... 110 -37 Structures. See within subheading: Build- Vegetation. See within this subheading: ings Landscaping or Vegetation Swimming pools Vehicles and vessels Accessories ........................ 110 -583 Living aboard boats................ 110 -552 Barriers ........................... 110 -582 Living or residing in boats, utility Construction and location .......... 110 -581 trailers, recreational vehicles and Minimum setbacks ................. 110 -584 special purpose vehicles....... 110 -553 Temporary uses Location ofrecreational vehicles, camp - Nonconformities ................... 110 -199 ing equipment, boats and boat Termination zone trailers ....................... 110 -551 Residential planned unit develop- Parking and storage of certain vehi- ments ........................ 110 -408 cles.......................... 110 -554 Towers Paving of vehicular use areas ....... 110 -555 Wireless communications........... 110 -483 Vehicle rental facility .............. 110 -556 Townhouses Vehicular use areas, paving of......... 110 -555 Area and dimensions ............... 110 -372 Vessels. See within this subheading: Ve- Building permit .................... 110 -378 hicles and Vessels Development schedule .............. 110 -379 Visibility at intersections ............. 110 -469 Individually platted lots............ 110 -377 Water areas .......................... 110 -474 - -_ Minimum setbacks ................. 110 -373 Width Offstreet parking .................. 110 -374 Courts, minim width of.......... 110 -473 Permitted use ..................... 110 -371 Wireless communications towers and an- Utilities ........................... 110 -375 tennas .... ...................... 110 -483 Underground utilities Zoning districts. See herein: Zoning Residential planned unit develop - ments ........................ 110 -443 LANDSCAPING Required .......................... 110 -482 Appearance and maintenance............ 34 -99 Unusual uses or uses not specifically Beautification board .................... 2 -181 et seq. permitted ....................... 110 -257 See: BEAUTIFICATION BOARD Uses Land development code regulations re zon- Approved by special exceptions ..... 110 -161 ing . ............................... 110 -26 et seq. Utilities See: LAND DEVELOPMENT CODE Townhouses ....................... 110 -375 Sanitary sewer system .................. 78 -26 et seq. Underground, required..... . ....... 110 -482 See: SEWERS AND SEWAGE DIS- Variances, special exceptions, rezonings, POSAL administrative appeals; procedures Tree protection, land clearing ............ 102 -36 et seq. Abandonment ..................... 110 -32 See: LAND DEVELOPMENT CODE Administrative appeals ............. 110-40 Appellate review ................... 110 -33 LAW ENFORCEMENT Applications ....................... 110 -29 Alarm systems generally ................ 30 -26 et seq. Attendance required at public hear- See: ALARM SYSTEMS ings; postponement of hearings 110 -30.1 Impact fees generally .. p g y ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 2 -231 et se q' Authority ......................... 110 -27 See: IMPACT FEES Duo process ..................... 110 -28 Police department ...................... 42 -26 Expiration of variance or special ex- LEASES ception; abandonment......... 110 -32 Certain ordinances not affected by Code.. 1- 10(a)(2) Intent and purpose ................ 110 -26 City attorney Reconsideration .................... 110 -31 Duties ............................... 2- 126(6) Rezonings Procedure ....................... 110 -35 LIBRARY Rezoning applicant obligations ... 110 -34 Established ............................. 46 -1 Supp. No. 18 CDz:26 Supp. No. 18 CDi:27 CODE INDEX Section Section LIBRARY (Cont'd.) LICENSES AND PERMITS (Cont'd.) Fees schedule in general. See: FEES (Ap- Vehicles for hire pendix B) Certificate of public convenience and Impact fees generally ................... 2 -231 et seq. necessity license................. 80 -26 et seq. See: IMPACT FEES Driver's permit ....................... 80 -51 et seq. Library board Licenses and fees to be in addition to Created .............................. 46 -26 other taxes and charges.......... 80 -3 Expenditures ........................ 46 -27 Vested rights ........................... 115 -3 et seq. Indebtedness ......................... 46 -33 See: VESTED RIGHTS Liability of city limited ............... 46 -31 Wastewater discharge permits ........... 78 -98 Meetings ............................ 46 -30 Reports to council .................... 46 -32 LIENS Abandoned property LICENSES AND PERMITS Collection of lien on private property re Adult entertainment establishment license 10 -93 et seq. towing, storage, expenses ........ 34 -188 Alarm systems .......................... 30 -27 et seq. Application for satisfaction or release of See: ALARM SYSTEMS code enforcement liens ............. 2 -260 Building sewers Code enforcement Permit for connections ................ 78 -77 Criminal nuisance abatement board Buildings and building regulations ....... 82 -1 et seq. Penalties; fines; liens; recording..... 2 -297 See: LAND DEVELOPMENT CODE Community appearance review board LIFE SAFETY CODE. See: FIRE PREVEN- Permits TION Appeals and review ................ 22 -46 LIGHT INDUSTRLAL DISTRICT Application criteria ................ 22 -44 Land development code regulations re zon- Approval prerequisite for permits ... 22 -40 ing ........................ ... 110 -26 et se q. Building permits; enforcement ...... 22 -47 See: LAND DEVELOPMENT CODOD E Notice of approval or denial ........ 22 -43 Concurrency management system ........ 86 -1 et seq. LIGHTS AND LIGHTING } See: LAND DEVELOPMENT CODE Definitions ........................... 34 -206 / Excavations Exceptions ........................ .. 34 -210 Street excavation permit requirements. 66 -81 et seq. Method of measurement ................. 34-211 Fees schedule in general. See: FEES (Ap- Policy established ....................... 34 -207 pendix B) Sea turtles Fireworks permit (public display) ........ 38 -82 et seq. Publicly owned lighting regulations.... 14 -57 Flood damage prevention ................ 90 -26 et seq. Signs ... ............................... 94 -63 See: LAND DEVELOPMENT CODE Solid waste Land development code regulations re zon- Transporting regulations .............. 62 -7 ing .. 110 -26 et seq. Spill -over lighting standards established.. 34 -209 See: LAND DEVELOPMENT CODE Vehicles for hire ........................ 80 -76(c) Land development code; zoning LIQUEFIED PETROLEUM GAS Nonconformities Land development code Special permit ..................... 110 -200 Zoning; liquefied petroleum gas ....... 110 -485 Motion and still photography production Public service tax ....................... 70 -26 et seq. permits ........................... 16 -60 et seq. See: TAXATION See: PHOTOGRAPHY Sewer impact fee requirements .......... 78 -125 LITTER AND LITTERING Sexually oriented business Iicense........ 10 -93 et seq. Abatement; assessment ................. 34-43 Signs Aircraft, dropping from .................. 34 -35 Land development code regulations.... 94 -1 et seq. Burial of trash, rubbish or other debris... 34-41 See: LAND DEVELOPMENT CODE Definitions ............................. 34 -26 Solicitors, peddlers and itinerant mer- Enforcement ............................ 34-42 chants permit requirement ......... 16 -51 et seq. Gutters, sweeping into prohibited ........ 34 -31 See: PEDDLERS, CANVASSERS AND Handbills SOLICITORS Depositing on uninhabited or vacant pre - Street excavation permit requirements ... 66 -81 et seq. mises ........................... 34 -53 See: STREETS, SIDEWALKS AND Distribution prohibited where property OTHER PUBLIC WAYS posted .......................... 34 -54 Temporary storage units (permit) ........ 82 -400 Inhabited private premises, distribution Tree protection, land clearing............ 102-39,102-40 at .............................. 34 -55 Supp. No. 18 CDi:27 CAPE CANAVERAL CODE LITTER AND LITTERING (Cont'd.) Throwing or distributing in public places Vehicles, placing on ................... Merchant's Duty to keep sidewalks free of litter ... Occupied private property, depositing on.. Owner's maintenance of premises ........ Posting notices prohibited ............... Property maintenance standards......... See: PROPERTY MAINTENANCE STANDARDS Public places, litter in ................... Receptacles, placement in ............... River or other body of water, throwing in. Sidewalks Merchant's duty to keep sidewalks free of litter ......................... Truckloads ............................. Unlawful deposit ....................... Vacant lots, depositing on ............... Vehicles Litter throwing by persons in vehicle . . Wetlands protection ..................... See: LAND DEVELOPMENT CODE Section MAPS. See: SURVEYS, MAPS AND PLATS Section LOADING AND UNLOADING Offstreet loading Land development code regulations re zoning .......................... See: LAND DEVELOPMENT CODE Out of repair vehicles Noises, enumeration of prohibited..... LOADS Truck loads causing litter ............... LOCAL IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS 34 -51 34 -52 34 -32 34 -37 34 -38 34 -40 34 -91 et seq. 34 -29 34 -30 34 -36 34 -32 34 -34 34 -28 34 -39 34 -33 106 -26 et seq. 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 .............. I8 -1 et seq. See: CIVIL EMERGENCIES Persons authorized to declare ......... 18 -2 MEDICAL SERVICES Fire protection services; emergency medi- cal services ........................ MERCHANTS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS METERS Franchise regulations in general. See: FRANCHISES (Appendix A) Taximeters ............................. MINORS Fireworks Operator regulations ................. Sexually oriented businesses, adult enter - 110-26 et seq. tainment establishments ........... Unlawful provisions re minors......... 34- 153(7) 34 -34 LOCAL PLANNING AGENCY Designation and establishment .......... 58 -56 A seq. See: PLANNINGAND DEVELOPMENT LOTS Land development code regulations re zon- ing ................................ 110 -26 et seq. See: LAND DEVELOPMENT CODE Subdivisions Land development code regulations.... 98 -1 et seq. See: LAND DEVELOPMENT CODE MOBILE HOMES AND MOBILE HOME PARKS Beautification board Genera lly ............................ See: BEAUTIFICATION BOARD Flood damage prevention ................ See: LAND DEVELOPMENT CODE Land development code regulations re zon- ing ................................ See: LAND DEVELOPMENT CODE Land development code; zoning Nonconformities Mobile home parks and single - family mobile home districts ......... MONIES OF CITY. See: FINANCES MONTHS Definitions and rules of construction ..... Public service tax, monthly computation.. 38 -56 80 -76(f) 38 -85 10 -86 et seq. 10 -122 2 -181 et seq. 90 -26 et seq. 110 -26 et seq. 110 -192 1 -2 70 -34 LOUDSPEAKERS MONUMENTS AND MARKE Noises, enumeration of prohibited........ 34- 153(3) Subdivisions Land development code regulations.... 98 -1 et seq. M See: LAND DEVELOPMENT CODE MALT BEVERAGES. See: ALCOHOLIC BEV- MOTOR VEHICLES AND TRAFFIC ERAGES Alcoholic beverages Motor vehicle regulations ............. 6 -51 et seq. MANUFACTURED GAS See: ALCOHOLIC BEVERAGES Public service tax ....................... 70 -26 et seq. See: TAXATION Supp. No. 18 CDi:28 1 t _ CODE INDEX 1 I Section Section - VESTED RIGHTS (Cont'd.) WETLANDS PROTECTION Supplemental evidence .................. 115 -9 Specific regulations ..................... 106 -26 et seq. Vested rights agreements ................ 115 -10 See: LAND DEVELOPMENT CODE Vested rights permits, effect ............. 115 -3 WHISKEY. See: ALCOHOLIC BEVERAGES W WHISTLING Noises, enumeration of prohibited ........ 34- 153(4) WASTEWATER Sewer impact fees WINE. See: ALCOHOLIC BEVERAGES Excessive quantity of ................. 78 -123 WRITS, WARRANTS AND OTHER PRO - CESSES WATER SUPPLY AND DISTRIBUTION Code enforcement citations Concurrency management ............... 86 -1 et seq. Enter upon property (inspection war - See: LAND DEVELOPMENT CODE rant ) ........................... 2 -290 Flood damage prevention ................ 90 -26 et seq. Franchise regulations in general. See: See: LAND DEVELOPMENT CODE FRANCHISES (Appendix A) Impact fees generally ................... 2 -231 et seq. See: IMPACT FEES Y Public service tax generally ...... g Y........ 70 -26 et se q. See: TAXATION YARD WASTE. See: SOLID WASTE Reclaimed water Connection to the system ............. 78 -177 YARDS AND OPEN SPACES Definitions 78 -176 Subdivisions ........................... Installation and inspection of the re- Land development code regulations.... 98 -1 et seq. ate claimed water system e See: LAND DEVELOPMENT CODE Adoption of Chapter 62 -610, EA.0 .. 78 -200 Weeds and vegetation ................... 34 -121 et seq. See: WEEDS AND DEAD VEGE TA- Ares embraced .................. 78 -197 TION Cade enforcement board authority and violation liability ............. Cross- connection control............ 78 -195 78 -198 YELLING Noises, enumeration of prohibited........ 34- 153(4) Discontinuance of service........... 78 -193 Inspections ........................ 78 -192 Z Policies and regulations adopted; com- pliance required .............. 78 -191 ZONING Public employees liability........... 78 -196 Amendments to map Unauthorized use .................. 78 -199 Certain ordinances not affected by Code 1- 10(a)(9) Unlawful connections or practices... 78 -194 Fees schedule in general. See: FEES (Ap- Irrigation usage rates ................. 78 -180 pendix B) Reclaimed water uses ................. 78 -178 Flood damage prevention................ 90 -26 et seq. Right to refuse service ................ 78 -181 See: LAND DEVELOPMENT CODE Sanitary sewer system .................. 78 -26 et seq. Land development code ................. 110 -1 et seq. See: SEWERS AND SEWAGE DIS- See: LAND DEVELOPMENT CODE POSAL Local planning agency ................... 58 -56 et seq. See: PLANNINGAND DEVELOPMENT Subdivisions Signs Land development code regulations.... 98 -1 et seq. Land development code regulations .... 94 -1 et seq. See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE WATERWAYS, WATERCOURSES. See: Street excavations ...................... 66 -61 et seq. BOATS, DOCKS AND WATERWAYS See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS WEEDS AND DEAD VEGETATION Subdivisions Fees schedule in general. See: FEES (Ap- Land development code regulations.... 98 -1 et seq. pendix B) See: LAND DEVELOPMENT CODE Intent ... ............................... 34 -121 Weeds and vegetation................... 34 -121 et seq. Notice to remedy nuisance ............... 34 -123 See: WEEDS AND DEAD VEGETA- Public nuisance prohibited ............... 34-122 TION Records . ............................... 34 -127 Wetlands protection..................... 106 -26 et seq. Remedies by city ........................ 34-126 See: LAND DEVELOPMENT CODE Tree protection, land clearing............ See: LAND DEVELOPMENT CODE 102 -36 et seq. Supp. No. 18 CDi:41 This page is intentionally left blank