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HomeMy WebLinkAboutSupplement 22 I 1 ) , SUPPLEMENT NR 22 I September 2013 i ) CODE OF ORDINANCES ] jCity of i ) CAPE CANAVERAL, FLORIDA ) Loose leaf Supplement i This Suppleme torn an all ordinances de emed advQa le to be included at t is ) time th mug: \ Resolution No. 2013-14, adopted August 20, 2013. ) ) Sete Code Comparative Table for further information. I ) Remove Old Pa es Insert New Pages ) Title pa g Title pag e ) iii i &J \ xi—xviii xi—xviii \ Checklist of up-to-date pages Ch c 1 to up-to-date pages ) (following Table of Contents) ] SH:1, SH:2 SH:1, SH:2 ] Cn2:1—Cg 2:3 Cg 2:1—Cg23 .1 Cg 2:7, CD2:8 Cg 2:7—Cg 2:8.1 Cg 2:14.7—Cg 2:14.9 Cg 2:14.7—CD2:14.11 I Cg± — 21Cgm22.1 Cg 2:21—Cg 2:22.1 ) CD22:1 CD22:1 CD22:9 Cg2 2:$ Cg2 2:10 j Cg38:I—Cg38:10 Cg3 a—Cg3 s0 ) Cg7 a, CD7 a Cg7 g, CD7 J ) Cg78:2.1 Cg7*2.1 ) CD78:21, CD78:22 CD78:21, CD78:22 ) CD78:35 CD78:35—CD78:4 ) Cg9 a, CD9 2 Cg9 J—CD9 2.1 ) Cg9 a9—Cg9 a2 Cg9 a9—Cg9 @2 I Cg9 27, Cg9 a8 Cg9 a7—Cg9 al i ) Cg9 a—Cg9 3J Cg9 J—Cg9:&1 . 1 1 CD110:5—CD110:18 CD11ms—CD11m18.1 ) CD110:46.5—CD110:4.18 CD110:4 a—Cglle4.17 \ CD110:67—CD110:72 Cg110:67—CD110:7.1 ) CD11m87, CD11m8 CD11%87—CD11R8.1 ) CD110:99, CD110:10 CD11m99—CD11m10.1 ) CgkE1—CDU17 CDB:7—CDB:18 \ \ ] ) 1 INSTRUCTION SHEET—Cont'd. 3 Remove Old Pages Insert New Pages CCT:25 CCT:25, CCT:26 SLT:1—SLT:3 SLT:1—SLT:3 CDi:1—CDi:14 CDi:1—CDi:14 CDi:21, CDi:22 CDi:21—CDi:22.1 CDi:26.1—CDi:42 CDi:27—CDi:45 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. municode \._ Municipal Code Corporation • PO Box 2235 Tallahassee,FL 32316 NI% info @municode.com • 800.262.2633 fax 850.575.8852 • www.municode.com 3 3 3 CODE OF ORDINANCES CITY OF i4 CAPE CANAVERAL, FLORIDA Published in 1994 by Order of the City Council I'I municode Municipal Code Corporation • PO Box 2235 Tallahassee,FL 32316 info @municode.com • 800.262.2633 1 3 fax 850.575.8852 • www.municode.com Supp.No. 22 This page is intentionally left blank J } 1 / 1 1 CI ) ) CURRENT OFFICIALS ) of t e ) j CITY OF CAPE CANAVERAL, FLORI DA } ) (2013) ) l } j jRocky Randels } Mayor ) ; j John Bo d ° Bob Ho g \ Buzz Petsos j Betty Walsh \ City C u c 1 4 1 / ) gait. Gree } City Mana e ; i \ Anthony A. Ga g n se ) City Attorney } \ Angela M.&pemm MMC } City Cek 1 ) Mia Goforth Deputy City Ce k 1 s p@ No. 22 iii 1 1 This page is intentionally left blank J 1 1 I i OFFICIALS A of the 1 i CITY OF CAPE CANAVERAL, FLORIDA AT THE TIME OF THIS CODIFICATION 1 I j Joy C. Salamone Mayor a i 1 Arthur W. Berger 4 Leo C. Nicholas (....„ John K. Porter Rocky Randels i 1 City Council I 1 i Bennett C. Boucher 1 City Manager I, 1 I i 4 John R. Kancilia 1 City Attorney 1 f S, z z Faith G. Miller, CMC/AAE City Clerk t 1 Supp.No. 22 iv.i I I This page is intentionally left blank J i 3 1 i 1 TABLE OF CONTENTS 1 ;i 4 Page a 'x Current Officials (2013) iii , Officials of the City at the Time of this Codification iv.i 1 Preface v I Adopting Ordinance ix Checklist of Up-to-Date Pages [1] Supplement History Table SH:1 PART I CHARTER 4 Charter CHT:1 Art. I. Powers of the City CHT:3 Art. II. City Council CHT:4 Art. III. City Manager CHT:8 Art. IV. Departments, Offices and Agencies CHT:8 Art. V. Financial Management CHT:9 Art. VI. Elections CHT:11 ,; Art. VII. General Provisions CHT:14 1 Art. VIII. Charter Amendment CHT:14 Art. IX. Transition and Severability CHT:15 Charter Comparative Table—Laws of Florida CHTCT:1 Charter Comparative Table—Ordinances CHTCT:3 PART II CODE OF ORDINANCES I I Chapter I Subpart A. General Ordinances CD1:1 i 1. General Provisions CD1:1 2. Administration CD2:1 Art. I. In General CD2:5 4 Art. II. City Council CD2:5 3 Div. 1. Generally CD2:5 Div. 2. Compensation CD2:7 Div. 3. Meetings CD2:7 Art. III. Officers and Employees CD2:12 Div. 1. Generally CD2:12 R Div. 2. City Manager CD2:12 Div. 3. City Clerk CD2:13 4 Div. 4. City Attorney CD2:13 Div. 5. Reserved CD2:14 1 Supp.No. 22 xi CAPE CANAVERAL CODE Chapter Page Div. 6. Reserved CD2:14 Art. IV. Boards, Committees, Commissions CD2:14 Div. 1. Generally CD2:14 Div. 2. Reserved CD2:14.4 Art. V. Finance CD2:14.4 Div. 1. Generally CD2:14.4 Div. 2. Purchasing CD2:14.9 Div. 3. Impact Fees CD2:16 Art. VI. Code Enforcement CD2:19 Div. 1. Generally CD2:19 Div. 2. Code Enforcement Board CD2:19 Div. 3. Code Enforcement Citations CD2:21 Div. 4. Criminal Nuisance Abatement Board CD2:26 Art. VII. Travel Reimbursement Policies and Proce- dures CD2:26 3-5. Reserved CD3:1 6. Alcoholic Beverages CD6:1 Art. I. In General CD6:3 Art. II. Operation of Establishments CD6:3 Art. III. Possession and Consumption CD6:4 Div. 1. Generally CD6:4 Div. 2. Motor Vehicles CD6:4 7-9. Reserved CD7:1 10. Amusements and Entertainments CD10:1 Art. I. In General CD10:2.1 Art. II. Amusement Device Code CD10:2.1 Art. III. Outdoor Entertainment Events CD10:2.1 Div. 1. Generally CD10:2.1 Div. 2. Permit CD10:4 Art. IV. Sexually Oriented Business and Adult Enter- tainment Establishments CD10:6 Art. V. Slot Machines or Devices CD10:45 11-13. Reserved CD11:1 14. Animals CD14:1 Art. I. In General CD 14:3 Art. II. County Animal Control Ordinance CD14:3 Art. III. Sea Turtles CD14:3 15. Reserved CD15:1 16. Businesses CD16:1 Art. I. In General CD16:3 Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3 Div. 1. Generally CD16:3 Div. 2. Permit CD16:3 Art. III. Motion and Still Photography Production Per- mits CD 16:5 Supp. No. 22 xii 1 TABLE OF CONTENTS—Cont'd. s Chapter Page t 17. Reserved CD17:1 j 18. Civil Emergencies CD18:1 19-21. Reserved CD19:1 22. Community Development CD22:1 1 Art. I. In General CD22:3 ! Art. II. Business and Economic Development BoardCD22:3 Art. III. Community Appearance Review CD22:4 Art. IV. Community Redevelopment CD22:9 23-25. Reserved CD23:1 j {i. 26. Elections CD26:1 ) 27-29. Reserved CD27:1 30. Emergency Services CD30:1 Art. I. In General CD30:3 Art. II. Alarm Systems CD30:3 i 31-33. Reserved CD31:1 i 34. Environment CD34:1 1 Art. I. In General CD34:3 z Art. II. Litter CD34:3 t Div. 1. Generally CD34:3 i Div. 2. Handbills CD34:5 I Div. 3. Reserved CD34:6 '3 Art. III. Property Maintenance Standards CD34:6 3 Art. IV. Weeds and Dead Vegetation CD34:11 Art. V. Noise CD34:13 Art. VI. Abandoned Property CD34:14 Art. VII. Lights CD34:19 App. A. Diagram CD34:20 35. Reserved CD35:1 36. Fair Housing CD36:1 Art. I. In General CD36:3 x Art. II. Discriminatory Practices CD36:6 37. Reserved CD37:1 38. Fire Prevention and Protection CD38:1 Art. I. In General CD38:3 Art. II. Fire Prevention Codes CD38:6 Art. III. Fire Department CD38:7 Art. IV. Fireworks CD38:8 Art. V. Hazardous Materials and Substances CD38:9 39. Reserved CD39:1 40. Human Relations CD40:1 Art. I. In General CD40:3 Supp. No. 22 xiii CAPE CANAVERAL CODE Chapter Page Art. II. Reserved CD40:3 41. Reserved CD41:1 42. Law Enforcement CD42:1 Art. I. In General CD42:3 Art. II. Police Department CD42:3 43-45. Reserved CD43:1 46. Library CD46:1 Art. I. In General CD46:3 Art. II. Library Board CD46:3 47-49. Reserved CD47:1 50. Offenses and Miscellaneous Provisions CD50:1 51-53. Reserved CD51:1 54. Parks and Recreation CD54:1 Art. I. In General CD54:3 Art. II. Culture and Leisure Services Board CD54:5 Art. III. Vessel Control and Water Safety CD54:6 55-57. Reserved CD55:1 58. Planning CD58:1 Art. I. In General CD58:3 Art. II. Planning and Zoning Board CD58:3 Art. III. Local Planning Agency CD58:4 59-61. Reserved CD59:1 62. Solid Waste CD62:1 63-65. Reserved CD63:1 66. Streets, Sidewalks and Other Public Places CD66:1 Art. I. In General CD66:3 Art. II. Streets CD66:5 Div. 1. Generally CD66:5 Div. 2. Abandonment CD66:5 Art. III. Excavations CD66:6 Div. 1. Generally CD66:6 Div. 2. Permit CD66:7 67-69. Reserved CD67:1 70. Taxation CD70:1 Art. I. In General CD70:3 Art. II. Public Service Tax CD70:3 Art. III. Local Business Tax CD70:6 71-73. Reserved CD71:1 74. Traffic and Vehicles CD74:1 Art. I. In General CD74:3 Supp. No. 22 xiv 1 i I I Ci I TABLE OF CONTENTS—Cont'd. F f I Chapter Page Art. II. Trucks CD74:3 Art. III. Stopping, Standing, Parking CD74:4 1 75-77. Reserved CD75:1 78. Utilities CD78:1 i 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 I Subdiv. III. Discharges CD78:13 1 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 Div. 1. Generally CD78:25 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 4 Div. 4. Illicit Discharge and Connection CD78:35 1 79. Reserved CD79:1 4 I 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 1 81. Reserved CD81:1 Subpart B. Land Development Code CD82:1 82. Buildings and Building Regulations CD82:1 Art. I. General Administrative CD82:3 Art. II. Building Code CD82:7 Art. III. Unsafe Building Abatement Code CD82:8 Art. IV. Coastal Construction Code CD82:9 Art. V. Registration and Maintenance of Properties in Foreclosure CD82:9 E Art. VI. Reserved CD82:13 -I Art. VII. Reserved CD82:13 I Art. VIII. Reserved CD82:13 Art. IX. International Property Maintenance Code CD82:13 l'' c Art. X. Reserved CD82:14 Arts. XI—XIII. Reserved CD82:11 i i Supp.No. 22 xv I CAPE CANAVERAL CODE Chapter Page Art. XIV. Numbering of Buildings and Property CD82:14 Art. XV. Citations; Unlicensed Contractors; Failure to Obtain Building Permit CD82:15 Art. XVI. Temporary Storage Units CD82:17 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 CD90:15 Art. IV. Stormwater Management CD90:17 Div. 1. Generally CD90:17 Div. 2. Permit CD90:19 Div. 3. Performance Standards CD90:22 Div. 4. Design Standards CD90:24 Div. 5. Maintenance CD90:26 Art. V. Construction Site Stormwater Runoff Control CD90:28 91. Landscape Irrigation CD91:1 92, 93. Reserved CD92:1 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 and Lot Splits CD98:7 Div. 1. Generally CD98:7 Div. 2. Preapplication CD98:8 Div. 3. Preliminary Plat CD98:8 Div. 4. Final Plat CD98:11 Div. 5. Lot Splits CD98:13 Art. III. Construction CD98:13 Div. 1. Generally CD98:13 Supp. No. 22 XVi a i 1 TABLE OF CONTENTS-Cont'd. i s Chapter Page Div. 2. Permit CD98:13 # Div. 3. Inspections; Certificate of Completion CD98:14 ' Art. IV. Improvements CD98:15 Div. 1. Generally CD98:15 i Div. 2. Design Standards CD98:18 1 99-101. Reserved CD99:1 102. Vegetation CD102:1 s Art. I. In General CD102:3 1 Art. II. Tree Protection CD102:3 Div. 1. Generally CD102:3 Div. 2. Land Clearing CD102:3 103-105. Reserved CD103:1 106. Waterways CD106:1 1 Art. I. In General CD106:3 Art. II. Wetlands Protection CD106:3 4 107-109. Reserved CD107:1 1 110. Zoning CD110:1 c,)i Art. I. In General CD110:9 Art. II. Procedure; Land Use Decisions CD110:18 Div. 1. Generally CD110:18 1. Div. 2. Rezonings CD110:21 Div. 3. Variances CD110:23 Div. 4. Special Exceptions CD110:24 ! Div. 5. Administrative Appeals CD110:25 Art. III. Administration and Enforcement CD110:26 Div. 1. Generally CD110:26 Div. 2. Permits CD110:27 Div. 3. Certificate of Occupancy CD110:28 Div. 4. Reserved CD110:29 Art. IV. Special Exceptions CD110:29 Div. 1. Generally CD110:29 1 Div. 2. Alcoholic Beverages CD110:29 Art. V. Nonconformities CD110:31 Art. VI. Site Plans CD110:37 Art. VII. Districts CD110:40 Div. 1. Generally CD110:40 Div. 2. R-1 Low Density Residential District CD110:42 Div. 3. R-2 Medium Density Residential District CD110:44 Div. 4. R-3 Medium Density Residential District CD110:46 Div. 5. C-1 Low Density Commercial District CD110:46.3 1 Div. 6. M-1 Light Industrial and Research and De- ; 1 velopment District CD110:46.7 Div. 7. Townhouses CD110:46.12 Div. 8. C-2 Commercial/Manufacturing District CD110:46.13 Art. VIII. Residential Planned Unit Developments CD110:46.17 Div. 1. Generally CD110:46.17 i Supp.No. 22 xvii I 4 i I CAPE CANAVERAL CODE Chapter Page Div. 2. Development Plans CD110:49 Div. 3. Land Use Regulations CD110:56 Art. IX. Supplementary District Regulations CD110:59 Div. 1. Generally CD110:59 Div. 2. Offstreet Parking CD110:71 Div. 3. Offstreet Loading CD110:72 Div. 4. Home Occupations CD110:73 Div. 5. Setbacks CD110:74 Div. 6. Vehicles and Vessels CD110:75 Div. 7. Landscaping and Vegetation CD110:79 Div. 8. Swimming Pools CD110:80 Art. X. AlA Economic Opportunity Overlay DistrictCD110:81 Div. 1. Generally CD110:81 Div. 2. Administration CD110:87 Div. 3. Site Planning CD110:88 Div. 4. Architectural Guidelines CD110:91 Div. 5. Parking CD110:96 Div. 6. Landscaping CD110:97 Div. 7. Signage CD110:100 Art. XI. Planned Developments CD110:102 Div. 1. Generally CD110:102 Div. 2. Planned Development Plans CD110:105 111-114. Reserved CD111:1 115. 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. Schedule of Fees CDB:1 Code Comparative Table—Laws of Florida CCT:1 Code Comparative Table-1981 Code CCT:3 Code Comparative Table—Ordinances and Resolutions CCT:9 State Law Reference Table SLT:1 Charter Index CHTi:1 Code Index CDi:1 3 Supp.No. 22 xviii 1 1 i i I 1 I Checklist of Up-to-Date Pages I 4 (This checklist will be updated with the 1 printing of each Supplement) I / 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 p 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. 1 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. 1 Page No. Supp.No. Page No. Supp.No. Title page 22 CD1:1 OC iii 22 CD1:3, CD1:4 OC iv.i 22 CD1:5, CD1:6 12 v,vi OC CD1:7 12 vii OC CD2:1, CD2:2 22 ix, x 1 CD2:3 22 xi,xii 22 CD2:5, CD2:6 21 xiii,xiv 22 CD2:7, CD2:8 22 xv,xvi 22 CD2:8.1 22 / xvii, xviii 22 CD2:9, CD2:10 21 SH:1, SH:2 22 CD2:11, CD2:12 21 I CHT:1, CHT:2 20 CD2:13, CD2:14 21 CHT:3, CHT:4 20 CD2:14.1, CD2:14.2 21 CHT:5, CHT:6 21 CD2:14.3, CD2:14.4 21 CHT:7, CHT:8 20 CD2:14.5, CD2:14.6 21 CHT:9, CHT:10 20 CD2:14.7, CD2:14.8 22 CHT:11, CHT:12 20 CD2:14.9, CD2:14.10 22 CHT:13, CHT:14 20 CD2:14.11 22 = CHT:15 20 CD2:15, CD2:16 10 I CHTCT:1 OC CD2:17, CD2:18 10 CHTCT:3 21 CD2:19, CD2:20 11 ] [1] 1 I 1 C Supp.No.22 1 ( 1 i 3 CAPE CANAVERAL CODE Page No. Supp.No. Page No. Supp.No. CD2:21, CD2:22 22 CD10:39, CD10:40 13 CD2:22.1 22 CD10:41, CD10:42 16 CD2:23, CD2:24 13 CD10:43, CD10:44 16 CD2:25, CD2:26 17 CD10:45 16 CD2:26.1, CD2:26.2 17 CD 11:1 OC CD2:26.3, CD2:26.4 17 CD14:1 OC CD2:26.5 17 CD14:3, CD14:4 OC CD2:27, CD2:28 13 CD14:5, CD14:6 11 CD2:29 13 CD15:1 OC CD3:1 OC CD16:1 1 CD6:1 15 CD16:3, CD16:4 OC CD6:3, CD6:4 20 CD16:5, CD16:6 1 CD6:5, CD6:6 20 CD16:7 1 CD7:1 OC CD17:1 OC CD10:1, CD10:2 19 CD18:1 12 CD10:2.1, CD10:2.2 21 CD18:3, CD18:4 21 CD10:3, CD10:4 21 CD18:5 21 CD10:5 21 CD19:1 OC CD10:6.1, CD10:6.2 20 CD22:1 22 "ger)CD10:6.3, CD10:6.4 20 CD22:3, CD22:4 21 CD10:6.5, CD10:6.6 20 CD22:5, CD22:6 21 CD10:6.7, CD10:6.8 20 CD22:7, CD22:8 21 CD10:7, CD10:8 13 CD22:9, CD22:10 22 CD10:9, CD10:10 13 CD23:1 OC CD10:11, CD10:12 13 CD26:1 15 CD10:13, CD10:14 13 CD26:3 17 CD10:15, CD10:16 16 CD27:1 OC CD10:17, CD10:18 13 CD30:1 11 CD10:19, CD10:20 16 CD30:3, CD30:4 11 CD10:21, CD10:22 13 CD30:5, CD30:6 11 CD10:23, CD10:24 13 CD30:7 11 CD10:25, CD10:26 16 CD31:1 OC CD10:27, CD10:28 13 CD34:1, CD34:2 17 CD10:29, CD10:30 13 CD34:3, CD34:4 17 CD10:31, CD10:32 13 CD34:4.1 17 CD10:33, CD10:34 13 CD34:5, CD34:6 12 CD10:35, CD10:36 16 CD34:7, CD34:8 17 CD10:37, CD10:38 16 CD34:9, CD34:10 6 [2] Supp.No.22 i ) } � } ) 1 IC CHECKLIST OF UP-TO-DATE PAGES 1 ]\ ag o pp Cg3 amt 6 CD55:1 OC 1 ) Cg3 J 1, Cg3 a2 2 CD58:1 17 Cg3 a$ Cg3 4:14 17 Cgs a, Cas±4 17 \ Cg34:14.1 17 Cgs J OC ; ) Cg3 a% Cn34:I8 16 Cg6 a 21 , Cg3 aE1 12 Cg6 a, CD6 3 21 Cg3 a% Cg3 as 7 Cg6 s, CD6 a 14 Cg3 a% Cg34:2 17 Cg6 2 14 Cg35:1 21 Cg6 J OC Cg3 a 21 Cg6 a 20 \ CD36:3, Cg3 a 21 Cg6 a, CD6 a 4 ) Cg3 s, CD3 a 21 Cg6 s, CD6 a 4 j Cg3 J, CD3 3 21 Cg6 J, CD6$ 20 ) Cgs a 21 CD67:1 OC / Cg321 21 Cg7 J, CD7 2 16 ) Cg3 J, Cna*2 22 Cg7 a, CD7 3 2 ® CD38:3, Cg3 a 22 Cg7 3, Cg7$ 17 jCg3 s, Cga%8 22 Cg7 2, Cg7 3 17 CD38J, CD3$ 22 Cg7:9, Cg7 J o 17) CD38:9, CD38:10 22 Cg7 a 1, Cg7 J2 17 ) Cg3 J OC Cg7 J±1 17 } CD4 a 14 Cg7 a$ Cal J# 16 ) Cg4 a 14 Cg7 aR Cg7 ae 16 CD4tl OC CD71:1 OC \ Cg4 a OC Cg7 a 20 j Cg4 a 12 CD74:3, Cg7» 20 )) Cg4 a OC Cg7 s, CD7 a 20 CD4 J 12 CD75:1 OC 1 Cg4 g 21 Cg7 a, CD7&2 21 ) CD47:1 OC Cg7 as 22 Cgs J 15 Cg7 a, CD7 a 13 \ Cg5 a, CD5 J 15 Cg7 s, CD7 a 13 ) Cg5 s 15 CD7$a 13 ] Cgatl OC CD7wg Cg7 3 OC ) Cg5*1 21 CD78:9, Cg7 a0 OC \ CD54:3, CD54:4 21 Cg7 Jt Cg7 a2 OC j CD5 S, CD5$ 21 Cg7 J$ CD78:14 OC , Cgs J 21 Cg7 8:15, CD78:16 OC \ 1 \ Ca (lIuIIpI?/ s 9 22 ) � j ) ] 3 CAPE CANAVERAL CODE Page No. Supp. No. Page No. Supp. No. CD78:17, CD78:18 OC CD86:13, CD86:14 16 CD78:19, CD78:20 OC CD86:15, CD86:16 16 CD78:21, CD78:22 22 CD86:17 16 CD78:23, CD78:24 21 CD87:1 OC CD78:25, CD78:26 21 CD90:1, CD90:2 22 CD78:26.1 21 CD90:2.1 22 CD78:27, CD78:28 13 CD90:3, CD90:4 11 CD78:29, CD78:30 11 CD90:5, CD90:6 11 CD78:31, CD78:32 21 CD90:6.1 11 CD78:33, CD78:34 21 CD90:7, CD90:8 OC CD78:35, CD78:36 22 CD90:9, CD90:10 17 CD78:37, CD78:38 22 CD90:10.1 17 CD78:39, CD78:40 22 CD90:11, CD90:12 OC CD79:1 OC CD90:13, CD90:14 OC CD80:1, CD80:2 13 CD90:15, CD90:16 OC CD80:3, CD80:4 16 CD90:17, CD90:18 OC CD80:5, CD80:6 13 CD90:19, CD90:20 22 CD80:6.1 13 CD90:21, CD90:22 22 CD80:7, CD80:8 OC CD90:23, CD90:24 OC CD80:9 OC CD90:25, CD90:26 OC CD81:1 OC CD90:27, CD90:28 22 CD82:1, CD82:2 21 CD90:29, CD90:30 22 CD82:2.1 21 CD90:31 22 CD82:3, CD82:4 16 CD91:1 19 CD82:5, CD82:6 18 CD91:3, CD91:4 19 CD82:7, CD82:8 21 CD91:5 19 CD82:9, CD82:10 21 CD92:1 19 CD82:11, CD82:12 21 CD94:1, CD94:2 18 CD82:13, CD82:14 21 CD94:3, CD94:4 18 CD82:15, CD82:16 21 CD94:5, CD94:6 18 CD82:17, CD82:18 21 CD94:7, CD94:8 22 CD83:1 OC CD94:8.1 22 CD86:1 16 CD94:9, CD94:10 18 CD86:3, CD86:4 16 CD94:11, CD94:12 18 CD86:5, CD86:6 17 CD94:13, CD94:14 18 CD86:7, CD86:8 OC CD94:15, CD94:16 18 CD86:9, CD86:10 OC CD94:17, CD94:18 18 CD86:11, CD86:12 16 CD94:19, CD94:20 18 [4] Supp. No.22 ) 1 \ 1 } 1 I Coti} i ) CHECKLIST OF UP-TO-DATE PAGES I )° Page No. Supp.No. Page No. Supp.No. Cg9 e1 18 CD11m% CD11¢G 22 \ Cg9 a OC CD110:7, CD110:8 22 ) Cg9 J, CD9 a 19 Cnllm% CD110:10 22 i ) Ca9 a, CD9 a OC CD110:11, Cg110:12 22 ) Cg9$, Cg9 a OC CQllml$ CD110:14 22 ) Cg9 J, CD9 a 19 Cg110:15, CQllml§ 22 ) CD98:9, Cg9 a0 19 CD11m17, CD1Im18 22 } Cg9 a 1, Cg9 J2 19 CD110:18.1 22 1 Cg9&$ Cg9 a4 19 CD110:19, Cg110:2 21 ) Cg9 J%1, Cg9 a%2 19 CD11m21, Cgllm2 21 } Cgg ata 19 Cg110:23, Cg110:2 21 \ Cg9 JR Cg9 ae OC Cg110:25, CD110:26 21 1 Cg9 a7 Ca9 J8 5 Cgllm27, CD11m28 21 ) Ca9 aE1 5 Cgllm29, Cgllm3 21 ) Cg9 J% CD98:20 OC CD110:31, CD110:3 21 1 Cg9 21, Ca9 a2 11 Cg110:33, Cg110:3 21 1 Cg9 a$ Cg9 a4 11 Cg110:35, Cg110:3 21 j Cgg a OC Cgllm37, Cgllm3 21 CD10±l 18 CD11m3, CD11m4 21 CD10 a, CD10 a 18 Cgllm41, Cgllm4 21 1 CD 10 S, CD10$ 18 CD110:43, Cg110:4 21 ] CD1O 2:7, CD10* 18 CD110:4, CD110:4 21 CD10 a, CD10 a0 18 Cg110:4.1, CD11m4.2 21 1 CD10 aE1 18 Cg1104.3, CD11m4.4 21 ) CD10 Jt CD10 a2 15 Cgllm4.5, CD11m4.6 22 CD10 a$ CD10 a4 18 Cgllm4.7, CD11m4.8 22 jCD10 J%1, CD10 J%2 18 Cgllm4.% Cgllm4.10 22 I CD10 a% CD10 aG 14 Cg110:4 Jt 22 ) CD10 a% CD10 J8 14 Cg110:4.12 ) CD10 J$ CD10:2 18 Cg110:4 J$ 22 i CD102:2 l 14 Cgllm4.14 4 CD10 a OC Cg110:4 J% 22 ) 0 J Cgllm4 JG Cg1 �� Cgllm4.17 22 ) Cg10 a, Cg10 J OC Cgllm47, Cgllm4 OC OC j CD D10 5 OC CD11m4, CD11m5 OC ] CD1021 OC ) CD11m 1, Cgllm2 1@ Cgllmst Cnllms2 OC 1 Cnllm$ Cgllm4 21 CD11ma$ CD11m5 OC 1 ) ) [5 1 j s e. .3 I » r ] ) ) ] 3 CAPE CANAVERAL CODE Page No. Supp.No. Page No. Supp. No. CD110:55, CD110:56 OC CD115:1 12 CD110:57, CD110:58 OC CD115:3, CD115:4 12 CD110:59, CD110:60 12 CD115:5, CD115:6 12 CD110:60.1 12 CD115:7 12 CD110:61, CD110:62 11 CDA:1, CDA:2 20 CD110:62.1, CD110:62.2 18 CDA:3, CDA:4 7 CD 110:63 18 CDA:5, CDA:6 7 CD110:64.1, CD110:64.2 5 CDA:7, CDA:8 7 CD 110:64.3, CD 110:64.4 6 CDA:9, CDA:10 7 CD110:64.5, CD110:64.6 6 CDA:11, CDA:12 7 CD 110:64.7, CD 110:64.8 6 CDA:13, CDA:14 20 CD 110:65, CD 110:66 15 CDA:15, CDA:16 20 CD 110:67, CD 110:68 22 CDA:16.1, CDA:16.2 20 CD110:69, CD110:70 22 CDA:16.3, CDA:16.4 20 CD 110:71, CD 110:72 22 CDA:16.5, CDA:16.6 20 CD 110:72.1 22 CDA:16.7 20 CD110:73, CD110:74 21 CDA:17, CDA:18 7 CD 110:75, CD 110:76 21 CDA:19, CDA:20 7 CD 110:77, CD 110:78 21 CDA:21, CDA:22 7 CD 110:79, CD 110:80 21 CDA:23, CDA:24 7 NI) CD110:81, CD110:82 21 CDA:25, CDA:26 7 CD110:83, CD110:84 21 CDA:27, CDA:28 7 CD 110:85, CD 110:86 21 CDA:29, CDA:30 7 CD110:87, CD110:88 22 CDA:31 7 CD110:88.1 22 CDB:1 OC CD110:89, CD110:90 21 CDB:3, CDB:4 3 CD110:91, CD110:92 21 CDB:5, CDB:6 21 CD110:93, CD110:94 21 CDB:7, CDB:8 22 CD110:95, CD110:96 21 CDB:9, CDB:10 22 CD110:97, CD110:98 21 CDB:11, CDB:12 22 CD110:99, CD110:100 22 CDB:13, CDB:14 22 CD110:100.1 22 CDB:15, CDB:16 22 CD110:101, CD110:102 21 CDB:17, CDB:18 22 CD110:103, CD110:104 21 CCT:1 OC CD110:105, CD110:106 21 CCT:3, CCT:4 OC CD110:107, CD110:108 21 CCT:5, CCT:6 OC CD110:109 21 CCT:7, CCT:8 OC CD111:1 12 CCT:9, CCT:10 OC [6] Supp.No.22 I } I ) 1 \ 1 1 i \ CHECKLIST OF UP-TO-DATE PAGES 1 1 ] Page No. Supp.No. ] CCT:11, CCT:12 OC ) CCT:13, CCT:14 7 ' ] CCT:15, CCT:16 8 CCT:17, CCT:18 12 ) CCT:19, CCT:20 21 ! CCT:21, CCT:22 21 ) CCT:23, CCT:24 21 ) CCT:25, CCT:26 22 ' j SLT 1, SLT:2 22 \ SLT:3 22 I CHT1J, CHTi2 20 ) CHT a 20 ) CDIa, CDi2 22 CD g, CDi4 22 ) CDs, CD$ 22 ) CD J, CD 3 22 ) CD a, CD a0 22 ] CD Jt CD J2 22 j CD a$ CD J4 22 ) CD a% CD1:16 20 Cg217, CD J8 20 ] CD a$ CD1:2 20 ) CD at CD 22 22 ) CD:2.1 22 ) CD a$ CD a$ 21 1 CD 25, CD:2 21 ) CD 27, CD a8 22 CD a$ CD:3 22 CD atCD:3 22 CD a$ CDi:34 22 1 CDIa% CDI:3 22 ) CD a% CD a8 22 } CDi:39, CD:4 22 ] CD at CD1:42 22 1 CD:4, CDi:44 22 ) CD:4 / I i } [7 . � � ] s e. .3 1 i I This page is intentionally left blank J I i 1 i 3 , SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code and are considered "Includes." Ordinances that are not of a general and 1 permanent nature are not codified in the Code and are considered "Omits." { In addition,by adding to this table with each supplement,users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. 1 4 Include/ Ord.No. Date Adopted Omit Supp.No. Supp.No. 20 2009-19(Res.) 9- 1-09 Include 20 2010-05(Res.) 3- 2-10 Include 20 1 10-2010 9- 7-10 Omit 20 2010-22(Res.) 10-19-10 Include 20 12-2010 10-19-10 Include 20 I 13-2010 10-19-10 Include 20 14-2010 12-21-10 Include 20 I Charter 11 2-10 Include 20 16-2010 11 4-10 Include 20 17-2010 11-16-10 Include 20 18-2010 12-21-10 Include 20 19-2010 12-21-10 Include 20 4 2010-34(Res.) 12-21-10 Include 20 '1 01-2011 4-19-11 Include 20 02-2011 5-17-11 Include 20 1 03-2011 5-17-11 Include 20 04-2011 6-21-11 Include 20 1 05-2011 8-16-11 Include 20 Supp. No 21 1 01-2008 3-18-08 Include 21 06-2011 10-18-11 Include 21 08-2011 9-20-11 Include 21 1 09-2011 10-18-11 Include 21 10-2011 10-18-11 Include 21 4 11-2011 10-18-11 Include 21 i 2011-29(Res.) 11-15-11 Include 21 13-2011 12-20-11 Include 21 1 15-2011 12-20-11 Include 21 01-2012 2-21-12 Include 21 1 02-2012 3-20-12 Include 21 2012-05(Res.) 4-17-12 Include 21 2012-06(Res.) 4-17-12 Include 21 04-2012 4-17-12 Include 21 Supp.No. 22 SH:1 3 1 CAPE CANAVERAL CODE Include! Ord. No. Date Adopted Omit Supp.No. 05-2012 4-17-12 Include 21 06-2012 4-17-12 Include 21 07-2012 5-15-12 Include 21 2012-08(Res.) 5-15-12 Include 21 08-2012 6-19-12 Include 21 09-2012 6-19-12 Include 21 10-2012 7-17-12 Include 21 11-2012 7-17-12 Include 21 12-2012 7-17-12 Omit 21 13-2012 9-18-12 Include 21 Supp.No. 22 16-2012 12-18-12 Include 22 17-2012 10-16-12 Include 22 18-2012 11-20-12 Include 22 21-2012 12-18-12 Include 22 23-2012 12-18-12 Include 22 01-2013 2-19-13 Omit 22 03-2013 3-19-13 Include 22 04-2013 3-19-13 Include 22 05-2013 3-19-13 Include 22 06-2013 6-18-13 Include 22 07-2013 6-18-13 Include 22 08-2013 7-16-13 Include 22 09-2013 8-20-13 Include 22 10-2013 7-16-13 Include 22 2013-13(Res.) 8-20-13 Include 22 2013-14(Res.) 8-20-13 Include 22 j Supp.No. 22 SH:2 1 1 i➢ 1 Chapter 2 ADMINISTRATION* 1 Article I. In General r Secs. 2-1-2-25. Reserved. i Article II. City Council Division 1. Generally Sec. 2-26. Elections. Sec. 2-27. Uncontested elections. Sec. 2-28. Code of conduct. Secs. 2-29-2-40. Reserved. Division 2. Compensation Sec. 2-41. Established for councilmembers other than mayor. Sec. 2-42. Established for mayor. Secs. 2-43-2-55. Reserved. Division 3. Meetings Sec. 2-56. Regular meetings. Sec. 2-57. Special meetings. Sec. 2-58. Workshop meetings. Sec. 2-59. Preparation of ordinances and resolutions prior to meeting. Sec. 2-60. Preparation and notice of agenda. 1 Sec. 2-61. Parliamentary procedure. Sec. 2-62. Presiding officer. Sec. 2-63. Sergeant at arms. i Sec. 2-64. Call to order;quorum;roll call. s Sec. 2-65. Minutes. Sec. 2-66. Consideration of matters before council. 1 Sec. 2-67. Adoption of motion. Sec. 2-68. General discussion. Sec. 2-69. Adjournment. Sec. 2-70. Eminent domain powers. Secs. 2-71-2-90. Reserved. i Article III. Officers and Employees 1 Division 1. Generally Secs. 2-91-2-100. Reserved. l Division 2. City Manager Sec. 2-101. Powers and duties. 7 Sec. 2-102. Deputy city manager. Secs. 2-103-2-115. Reserved. ,) *Cross references-Administration of the flood damage prevention requirements, § 90-46 et seq.; administration and enforcement of the zoning regulations, § 110-86 et seq. Supp.No. 22 CD2:1 i CAPE CANAVERAL CODE Division 3. City Clerk Sec. 2-116. Duties. Secs. 2-117-2-125. Reserved. Division 4. City Attorney Sec. 2-126. Duties. Sec. 2-127. Attendance at council meetings. Secs. 2-128-2-140. Reserved. Division 5. Reserved Secs. 2-141-2-150. Reserved. Division 6. Reserved. Secs. 2-151-2-170. Reserved. Article IV. Boards,Committees,Commissions Division 1. Generally Sec. 2-171. Uniform procedures and requirements. Sec. 2-172. Code of conduct. Secs. 2-173-2-180. Reserved. Division 2. Reserved Secs. 2-181-2-205. Reserved. Article V. Finance Division 1. Generally Sec. 2-206. Quarterly report of income and expenditures. Sec. 2-207. Personal property control. Sec. 2-208. Creation of fund balance/retained earnings reserves. Sec. 2-209. Reclassification of city reserves. Sec. 2-210. Fund balance policy. Sec. 2-211. Spending order of fund balances. Sec. 2-212. Annual review and determination of fund balance policy. Secs. 2-213-2-215. Reserved. Division 2. Purchasing Sec. 2-216. Definitions. Sec. 2-217. Purpose. Sec. 2-218. Procedure. Sec. 2-219. Open market purchase procedures. Sec. 2-220. Sole source. Sec. 2-221. Emergency purchase. Sec. 2-222. Cooperative purchasing. Sec. 2-223. Prohibition against subdivision. Sec. 2-224. Blanket purchase orders. Sec. 2-225. Availability of funds. Sec. 2-226. Prohibition of interest. Secs. 2-227-2-230. Reserved. Supp.No. 22 CD2:2 j i i 1 ADMINISTRATION i i 1 Division 3. Impact Fees Sec. 2-231. Levy and purpose. 1 Sec. 2-232. Exemptions. Sec. 2-233. Schedule. Sec. 2-234. Payment. Sec. 2-235. Partial waiver authorized. Sec. 2-236. Capital expansion trust funds. Sec. 2-237. Capital expansion plans. 4 Secs. 2-238-2-245. Reserved. Article VI. Code Enforcement Division 1. Generally 44 Secs. 2-246-2-255. Reserved. Division 2. Code Enforcement Board I Sec. 2-256. Created. Sec. 2-257. Membership. 1 Sec. 2-258. Duties;responsibilities;powers. Sec. 2-259. Prosecution of violations with no criminal penalty. Sec. 2-260. Application for satisfaction or release of code enforcement liens. Secs. 2-261-2-279. Reserved. Division 3. Code Enforcement Citations Sec. 2-280. Intent and purpose. Sec. 2-281. Definitions. $ Sec. 2-282. Authorization of citation program. 1 Sec. 2-283. Applicable codes and ordinances;class violation. a Sec. 2-284. Training of code enforcement officers. Sec. 2-285. Citation powers;personal investigation;reasonable cause. Sec. 2-286. Violation;penalties;general. ISec. 2-287. Citation issuance procedure. Sec. 2-288. Citation form. Sec. 2-289. Payment of penalty;court hearings. ISec. 2-290. Authorization to enter upon property. Sec. 2-291. Classes of violations and penalties. I I Division 4. Criminal Nuisance Abatement Board 4 Sec. 2-292. Purpose and intent. Sec. 2-293. Establishment;membership;meetings;definitions. i Sec. 2-294. Powers. ` Sec. 2-295. Criminal nuisances established;violations. i Sec. 2-296. Enforcement procedures;notice;hearing. a Sec. 2-297. Penalties;fines;liens;recording. Sec. 2-298. Appeal. 1 Sec. 2-299. Reserved. iArticle VII. 'Navel Reimbursement Policies and Procedures ;a _I Sec. 2-300. Reimbursement policy and procedures for official travel. i i Supp.No. 22 CD2:3 1 This page is intentionally left blank J I J 1 I i ADMINISTRATION §2-57 1 city attorney, and city contractors and Secs. 2-29-2-40. Reserved. i. consultants consistent with my role as a councilmember, as a means to enhance DIVISION 2. COMPENSATION* the productivity and morale of the city. I will support the city manager's decision to Sec. 2-41. Established for councilmembers employ the most qualified persons for other than mayor. staff positions. I will recognize the bona fide achievements of the city manager, The compensation for the members of the city staff, city attorney, city contractors and council other than the mayor shall be $2,400.00 consultants,business partners, and other per year. sharing in, and striving to achieve, the (Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94) city's mission. ( Sec. 2-42. Established for mayor. 1 (n) I will enhance my knowledge and ability to contribute value to the city as a The compensation for the mayor shall be councilmember by keeping abreast of is- $3,200.00 per year. sues and trends that could affect the city (Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94) 1 through reading,continuing education and 1 training. I will study policies and issues Secs. 2-43-2-55. Reserved. 1 affecting the city, and will attend training programs if required by the city. My con- DIVISION 3. MEETINGS' tinuing goal will be to improve my perfor- I mane as a councilmember. Sec. 2-56. Regular meetings. 1' C (o) I will value and assist my fellow The city council shall hold regular meetings on councilmembers by exchanging ideas,con- the third Tuesday of each month at 6:00 p.m. The i cerns, and knowledge through lawful city council may, on an as-needed basis, begin its 1 means of communication.I will help build regular meetings prior to 6:00 p.m. When the day positive community support for the city's fixed for any regular meeting falls upon a day mission and the policies established by designated by law as a legal national holiday, the city council. such meeting will not be held. Regular meetings may be otherwise postponed,canceled or resched- (p) I will support and advocate for my beliefs, uled by consensus of the city council. All regular p but will remain open to understanding meetings shall be held in the place as designated the views of others. I recognize that I by a majority of the council in open session. share in the responsibility for all city decisions and will acce t the will of dul (Code 1981, § 271.02; Ord. No. 24-93, § 1(271.02), p y 8-17-93; Ord. No. 10-2009, § 2, 9-15-09; Ord. No. authorized decisions of the city council 01-2011, § 2, 4-19-11; Ord. No. 10 2012, § 2, and city electorate. 7-17-12) l (q) I understand that my first priority as a councilmember will always be to look out Sec. 2-57. Special meetings. ) for the best interests of the citizens of the (a) A special meeting of the city council may be I city and the public health, safety and initiated by any of the following means: welfare. I will seek to provide appropriate leadership that nurtures and motivates (1) By an affirmative vote of a majority of the city citizens to be stakeholders in the city council pursuant to the Charter, arti- affairs and achievements of the city. cle II, section 2.11. i, *Charter reference—Compensation,§ 2.04. (r) I will be accountable to the city council for 'Charter reference—Meetings and other procedures, violations of this code of conduct. §2.11. i C (Ord. No. 09-2011, § 2, 10-18-11) State law reference—Public meetings,F.S.ch. 286. Supp.No. 22 CD2:7 1 I §2-57 CAPE CANAVERAL CODE J- (2) By serving the city manager or the city city website. Minutes of the workshop meeting clerk notice in writing and signed by a shall be prepared and distributed to council mem- majority of the city council. The clerk bers. shall immediately give verbal or written (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04), notice to each member of the council, 8-17-93; Ord. No. 26-95, § 1, 11-9-95; Ord. No. stating the date and hour of the meeting 04-2002, § 3, 3-19-02; Ord. No. 01-2011, § 2, and the purpose for which such meeting is 4-19-11) called, and no other business shall be enacted at that meeting. The clerk in the Sec. 2-59. Preparation of ordinances and res- notice of a special meeting initiated in olutions prior to meeting. this manner shall allow at least 24 hours to elapse between the call of the meeting All ordinances and resolutions prepared shall and the date and hour of the meeting. have a permanent reference number assigned Notice shall be posted at city hall and on prior to consideration by the council at any regu- the city website. lar meeting.A copy of the ordinance or resolution for adoption at the regular meeting is furnished (3) By verbal notice to the city clerk or the in the council agenda packet. city manager by a majority of the city (Code 1981, § 271.05(D); Ord. No. 04-2002, § 4, council whenever an emergency exists 3-19-02; Ord. No. 01 2011 § 2, 4-19-11) which requires immediate action by the Cross references—City clerk, § 2-116 et seq.;city attor- council. The clerk shall immediately at ney, §2-126 et seq. tempt to give notice to each member of the council stating the hour of the meeting Sec. 2-60. Preparation and notice of agenda. and the purpose for which such meeting is (a) There shall be an official agenda of every called, and no other business shall be meeting of the council which shall determine the enacted at that meeting. If, after reason order of business conducted at the meeting. able diligence, it is impossible to give notice to each councilmember, such fail- (b) All items to be placed on the agenda must ure shall not affect the legality of the be initiated by a member of the city council, the meeting. city attorney, city clerk, city manager, or depart- ment director. (b) All special meetings shall be held in the city hall or such other place as designated by a (c) All items to be placed on the agenda must majority of the council in open session and shall be filed with the city clerk the Wednesday two be open to the public and the press. weeks prior to the council meeting.Agenda pack- (Code 1981, § 271.03; Ord. No. 04 2002, §§ 1, 2 ets shall be distributed to council members the 3-19-02; Ord. No. 01-2011, § 2, 4-19-11; Ord. No. Tuesday one week prior to the council meeting. 01 2011, § 2, 4-19-11) (d) Public notice of the agenda for all meetings shall be served by posting the agenda in a con- spicuous place at city hall and on the city website Sec. 2-58. Workshop meetings. the Tuesday one week preceding the meeting. (Code 1981, § 271.06(A)—(C), (E); Ord. No. 04- Workshop meetings may be called to informally 2002, § 5, 3-19-02; Ord. No. 01-2011, § 2, 4-19-11) discuss matters relating the [to] city business. Workshop meetings shall be held in the place so Sec. 2-61. Parliamentary procedure. designated by council to be the locations of work- shop meetings and shall be open to the public and Except as may be provided in the Charter or in press.Notice of workshop meetings shall be posted this division, questions of order, the methods of 24 hours in advance at the city hall and on the organization and the conduct of business of the Supp.No. 22 CD2:8 \ � ] ) } � ADMINISTRATION §2-61 ) � ) council shall be governed by Robert's Rues of Order, Newly Revised, in all cases to which such ) rules are applicable. } (Code 1981, § 271.01) ] � ) � ) � \ 1 ) � ) � ! � \ � ) � ) � 1 ) � ) � ) � ) � \ � ) � \ � 1 } ] ) ) ) ) ' ) � ) � ] s2 No. w CD 2:8.1 ) This page is intentionally left blank J i I 1 J ADMINISTRATION §2-209 i (c) Debt service fund. Debt service funds are Sec. 2-209. Reclassification of city reserves. I typically subjected to the creation of very specific reserve amounts as a part of the (a) Definitions. ordinance or resolution which authorizes Assigned fund balance. Includes spendable fund the issuance of the bonds which are being balance amounts established by management of I repaid. Therefore, this policy does not the city that are intended to be used for specific create any specific reservation of fund purposes that are neither considered restricted or balance within the debt service fund;rather committed. reserve requirements for any outstanding city bond issues will be as derived from Committed fund balance. Amounts that can be the ordinance or resolution authorizing used only for the specific purposes determined by i the issuance of the bonds. a formal action(resolution)of the city council,the i city's highest level of decision making authority. (d) Capital projects fund. The capital projects Commitments may be changed or lifted only by fund was created to account for resources the city council taking the same formal action designated to construct or acquire general fixed assets and major improvements. Oc (resolution) that imposed the constraint origi- casionally, these projects may extend be- I Resources accumulated pursuant to stabili- yond a single fiscal year. Therefore, al zation arrangements sometimes are reported in this category. though no specific reserve requirement is I established for the capital projects fund, Fund balance. As defined by the Governmental at a minimum, the fiscal year end unre- Accounting,Auditing and Financial Reporting of served, undesignated fund balance, cou- the Government Finance Officers Association,fund l' pled with estimated revenues for the en- balance is "The difference between assets and suing fiscal year, must be sufficient to liabilities reported in a governmental fund." fund all outstanding fund obligations. Non-spendable fund balance. Amounts that are (e) Enterprise funds. The city has created a (a)not in spendable form or(b)legally or contrac- total of two enterprise funds to account tually required to be maintained intact. "Not in for wastewater treatment and stormwater spendable form" includes items that are not ex- treatment services. In each of the enter petted to be converted to cash (such as invento prise funds now or hereafter created by ries and prepaid amounts) and items such as the council, there shall be created a res- long-term amount of loans and notes receivable, ervation of retained earnings equal to 20 as well as property acquired for resale. The cor- percent of the current fiscal year budget pus (or principal) of a permanent fund is an for that fund. For the purposes of this example of an amount that is legally or contrac- calculation, the current fiscal year budget tually required to be maintained intact. shall be the total budget as originally adopted by ordinance in September. This Restricted fund balance. Amounts that can be budget shall be prepared on the modified spent only for specific purposes stipulated by (a) 1 accrual basis of accounting and therefore external resource providers such as creditors (by includes such items as capital outlay and debt covenants),grantors,contributors,or laws or operating transfers out.This reserve shall regulations of other governments; or (b) imposed be in addition to all other reservations of by law through constitutional provisions or en- retained earnings, including, but not lim- abling legislation. ited to, amounts reserved for debt service Unassigned fund balance. Unassigned fund j and/or amounts reserved for renewal and replacement of long-lived assets. balance is the residual classification for the gen- _ (Ord. No. 01 2008, § 2, 3 18 08) eral fund. This classification represents fund bal- ance that has not been assigned to other funds and that has not been restricted, committed, or assigned to specific purposes within the general I Supp.No. 22 CD2:14.7 i II I I 1 §2-209 CAPE CANAVERAL CODE fund. Unassigned fund balance may also include Sec. 2-210. Fund balance policy. negative balances for any governmental fund if expenditures exceed amounts restricted, commit- (a) Restricted fund balance. There is no re- ted, or assigned for those specific purposes. stricted fund balance in the general fund.Amounts that can be spent only for specific purposes stip- Unrestricted fund balance. The total of commit- ulated by (a) external resource providers such as ted fund balance, assigned fund balance, and creditors (by debt covenants), grantors, contribu- unassigned fund balance. tors, or laws or regulations of other governments; or (b) imposed by law through constitutional (b) Purpose. The city hereby establishes and provisions or enabling legislation, will be bud- will maintain fund balance, as defined herein, in geted and reported in special revenue funds, accordance with Governmental Accounting and capital project funds or debt service funds. Financial Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund (b) Committed fund balance. Commitment of Type Definitions. Fund balance shall be composed fund balance may be made for such purposes of non-spendable,restricted,committed,assigned including, but not limited to, (a) major mainte- and unassigned amounts. nance and repair projects; (b) meeting future obligations resulting from a natural disaster; (c) A fund balance policy is adopted in order to secure accumulating resources pursuant to stabilization and maintain investment-grade credit ratings, arrangements; (d)establishing reserves for disas- meet seasonal shortfalls in cash flow, and reduce ters; and/or (e) for setting aside amounts for susceptibility to emergency or unanticipated ex- specific projects. penditures and/or revenue shortfalls. Fund bal- ance information is used to identify the available Commitment of fund balance may be made from resources to repay long-term debt, reduce prop- time-to time by resolution of the city council. erty taxes, add new governmental programs, ex- Commitments may be changed or lifted only by pand existing ones, or enhance the financial posi- the city council taking the same formal action tion of the city, in accordance with policies that imposed the constraint originally (resolu- established by the city council. tion). The use (appropriation) of committed fund balances will be considered in conjunction with This fund balance policy establishes: the annual budget adoption process or by budget (1) The fund balance policy for the general amendment approved by resolution of city council fund; during the fiscal year. (2) Reservations of fund balance for the gen (c) Assigned fund balance. Assignment of fund eral fund; balance may be (a) made for a specific purpose that is narrower than the general purposes of the (3) The method of budgeting the amount of government itself; and/or (b) used to reflect the estimated unrestricted fund balance(also appropriation of a portion of existing unassigned known as estimated beginning fund bal- fund balance to eliminate a projected deficit in the ance) available for appropriation during subsequent year's budget in an amount no greater the annual budget adoption process(prior than the projected excess of expected expendi- to the actual, audited fund balance being tures over expected revenues. known) and what actions may need to be taken if the actual fund balance is signif- Assigned fund balance shall reflect management's icantly different than the budgeted fund intended use of resources as set forth in the balance; and annual budget (and any amendments thereto). Assigned fund balance may or may not be appro- (4) The spending order of fund balances. priated for expenditure in the subsequent year (Ord. No. 01-2008, § 2, 3-18-08; Ord. No. 18-2012, depending on the timing of the project/reserve for § 2, 11-20-12) which it was assigned. Supp. No. 22 CD2:14.8 1 1 i 1 ADMINISTRATION §2-216 i (d) Non-spendable fund balance. Non-spend- Sec. 2-212. Annual review and determina- 1 able fund balance is established to report items tion of fund balance policy. that are not expected to be converted to cash such Compliance with the provisions of this policy as inventory and prepaid items; items not cur shall be reviewed as a part of the annual budget 1 rently in cash form such as the long-term amount adoption process, and the amounts of restricted, 1 of loans and notes receivable as well as property acquired for resale; and, items legally or contrac committed,assigned,non spendable and the min ' tually required to be maintained intact such as imum level of unassigned fund balance shall be the corpus (or principal) of a permanent fund. determined during this process. (Ord. No. 18-2012, § 2, 11-20-12) i (e) Minimum level of unassigned fund balance. Unassigned fund balance is the residual classifi- Secs. 2-213--2-215. Reserved. cation for the general fund and represents fund balance that has not been restricted, committed DIVISION 2. PURCHASING* or assigned to specific purposes within the gen- eral fund. Sec. 2-216. Definitions. The following words, terms and phrases,when If after the annual audit, prior committed or used in this division, shall have the meanings I assigned fund balance causes the unassigned fund ascribed to them in this section, except where the I balance to fall below 17 percent of general fund operating expenditures, the city manager will so context clearly indicates a different meaning: I advise city council in order for the necessary Bid means a formal written and sealed re action to be taken to restore the unassigned fund sponse to a formal advertisement for specified balance to 20 percent of general fund operating requirements. expenditures. Bidder means an offeror who submits a bid or The city manager will prepare and submit a plan proposal to the city. for committed and/or assigned fund balance re- Blanket purchase order means a continuing duction, expenditure reductions and/or revenue purchase order designed to capture cumulative increases to city council.The city shall take action transactions to reduce the administrative costs of 1 necessary to restore the unassigned fund balance placing recurrent orders with an established yen- to acceptable levels within two years. dor. i (Ord. No. 01-2008, § 2, 3-18-08; Ord. No. 18-2012, 1 § 2, 11-20-12) Construction means and includes all improve- ments to real property. 1 Sec. 2-211. Spending order of fund balances. Contract means a mutually binding legal rela- tionship between the city and another party obli- The city uses restricted amounts to be spent gating the other party to furnish supplies, ser- first when both restricted and unrestricted fund vices or construction to the city and the city to pay balance is available unless there are legal docu- for them. It includes all types of commitments ments/contracts that prohibit doing this, such as that obligate the city to an expenditure of funds, in grant agreements requiring dollar for dollar and that, except as specifically provided in this I spending. Additionally, the city would first use division, are in writing. Contracts include bilat- -i committed fund balance, followed by assigned eral instruments, purchase orders, contract mod- fund balance and then unassigned fund balance ifications and orders under blanket purchase or- when expenditures are incurred for purposes for ders. 1 which amounts in any of the unrestricted fund balance classifications could be used. Proposal means an offer submitted to the city it in response to a city request for proposals which i Coi (Ord. No. 01-2008, § 2, 3-18-08; Ord. No. 18-2012, § 2, 11-20-12) *Cross reference—Officers and employees,§2-91 et seq. I Supp.No 22 CD2:14.9 I 1 1 §2-216 CAPE CANAVERAL CODE permits persons to offer, at least in part, the (8) The quality, availability and adaptability method or manner of contract performance or to of the supplies, services or construction to specify alternatives to the stated city require- the particular use required; ments. (9) The ability of the bidder to perform any Purchase order means a unilateral instrument warranty obligations called for by the issued by the city ordering supplies, services, or contract; and construction which becomes a contract by the other party through formal acceptance or by per- (10) The number and scope of conditions at- formance. tached to the bid or proposal by the bid- Services means and includes all personal and der. nonpersonal services, utilities, insurance, leases (Ord. No. 9-93, § 3(205.03), 5-18-93) for real and personal property, rental, repairs, and maintenance of real or personal property.The Sec. 2-218. Procedure. term shall not include professional services. (Ord. No. 9-93, § 3(205.01), 5-18-93) All purchases by the city, except as otherwise Cross reference—Definitions and rules of construction provided in this division,when the estimated cost generally, § 1-2. thereof shall exceed $20,000.00, shall be pur- chased by formal written bilateral contract from Sec. 2-217. Purpose. the lowest responsible bidder after due notice The city shall purchase supplies, services and inviting bids or proposals. construction utilizing competitive purchasing meth (1) Notice. Notice inviting bids or proposals ods as defined in this division,except to the extent shall be published in at least one official the laws of the state or of the United States of newspaper with general circulation in the America preempt this division or any of its provi county at least five days preceding the sions. Except as otherwise provided in this divi last day set for the receipt of proposals. sion, contract awards shall be made to the lowest The newspaper notice required shall in responsible bidder. In determining the lowest dude a general description of the sup responsible bidder, the city shall consider, in plies, services or construction to be pur- addition to price: chased and shall state where bid blanks (1) The ability, capacity and skill of the bid- and specifications may be secured and the der to perform the contract; time and place for opening bids. The city (2) Whether the bidder can perform the con- shall also advertise pending purchases by tract within the time specified; a notice posted on the public bulletin board in city hall. (3) The character and integrity, reputation, judgement, experience and efficiency of (2) City bidders list. The city shall also solicit the bidder; bids or proposals from all responsible pro- spective bidders whose names appear on (4) The quality of performance of previous the bidders list maintained by the city. contracts by the bidder; The city shall send a copy of the newspa- (5) Compliance by the bidder with require- per notice described in subsection (1) of ments of the invitation for bid or request this section to each bidder whose name for proposal; appears on the city bidders list. The city (6) Previous and existing compliance by the shall mail the notices as aforesaid only to bidder with laws and ordinances relating those bidders who ordinarily provide sup- to the contract; plies, services or construction similar in character to those called for by the invi- (7) The sufficiency of the financial resources tation for bids or request for proposals. of the bidder; Prospective bidders may have their names Supp.No. 22 CD2:14.10 3 1 1 1. ADMINISTRATION § 2-218 I I added to the city bidders list in accor- shall be prepared by the city and filed I dance with procedures to be adopted by with other documents relating to the in- the city manager. vitation for bids or request for proposals. 1 (8) Tie bids. If all bids or proposals received (3) Bid deposits. When deemed necessary by the city,bid deposits shall be prescribed in are for the same total amount or unit { the public notices inviting bids or propos price, quality and services being equal, � als.Unsuccessful bidders shall be entitled the contract shall be awarded to any bid to the return of surety where the city has Irequired such. A successful bidder shall forfeit any surety required by the city j upon failure to enter into a contract upon the terms contained in the bidder's bid or proposal within ten days after the award. 4 (4) Bid opening. Bids and proposals shall be submitted sealed to the city and shall I identify the city invitation for bid or re- quest for proposal number on the outer envelope. Bids and proposals shall be I opened at the time and place stated in the public notice.A tabulation of all bids and proposals received shall be posted for pub- lic inspection on the bulletin board in the I city hall. (5) Rejection of bids. The city shall have the authority to reject all bids or proposals when the public interest will be served thereby. The city may reject the bid or proposal of a bidder when: I a. The bid or proposal does not conform to the technical specifications; I a b. The bid or proposal is facially non- I conforming as to acceptable materi- 3 als and components or services; or i c. The bid materially and substantially differs from the invitation for bids or request for proposals. `1 (6) Ineligible contractors. The city shall not solicit or accept the bid or proposal of a contractor who is in the default of pay- ment of taxes,license fees or other monies due the city. i (7) Award to other than low bidder. When the award is not made to the lowest bidder, a '' C full and complete statement of the rea- l ' sons for placing the contract elsewhere Supp.No. 22 CD2:14.11 1 1 i i This page is intentionally left blank J 1 i i ADMINISTRATION §2-282 1 prepared or recorded until the condi- Sec. 2-281. Definitions. tion(s) placed by the council have been satisfied. The following words and phrases shall have the meaning ascribed herein unless the context clearly The violator shall have 30 days in which indicates otherwise: to comply with the conditions imposed by the city council. Failure of the violator to (a) Code enforcement officer shall mean city comply will result in the automatic denial manager designated employees or agents whose l duty it is to enforce the City Code and ordinances. of the application for satisfaction or re- Y Y lease of lien. Code enforcement officers may include, but are not limited to, code inspectors, building inspec- 1 If the application is denied or if the appli- tors, the building official, law enforcement offi- 1 cation is automatically denied due to the cers, fire safety inspectors, or any other employee failure of the violator to comply with the or agent authorized by the city council and/or city conditions imposed by the city council,the manager. All such officers employed by the city violator shall thereafter be barred from shall receive training as prescribed by the city applying for a subsequent satisfaction or council and/or city manager. i release of lien for a period of one year from the date of denial. During the one- (b) Person shall mean any individual, associa- year period,the lien may only be satisfied tions, joint ventures, partnerships, corporations, and released upon full payment of the fine trusts, sole proprietorships,and any and all other 1 or penalty imposed in accordance with groups or combinations and legal entities. f this division. (Ord. No. 05 2003, § 2, 2 18 03) (c) Repeat violation shall be as defined by F.S. ch. 162, and as may be amended from time to time. Secs. 2-261-2-279. Reserved. (d) Violation shall mean the act of breaking, infringing or transgressing any provision of the ii DIVISION 3. CODE ENFORCEMENT City Code,its ordinances or other law by a person, CITATIONS pursuant to this division. (Ord. No. 06-2004, § 2, 4-20-04) i Sec. 2-280. Intent and purpose. Sec. 2-282. Authorization of citation pro- I gram. (a) It is the intent and purpose of this division I to provide a supplemental procedure for the en (a) The city hereby adopts a code enforcement citation system to provide an additional and sup- forcement of city codes and ordinances. Nothing elemental method of enforcing the enumerated contained in this division shall prohibit the city codes and ordinances enumerated in section 2-283 from enforcing its Code and ordinances by any or specifically made subject to this division else- other lawful means. where in the City Code. The enforcement method ( shall be by the issuance of citations for violation ! (b) It is also the intent and purpose of this of duly enacted city codes and ordinances in 2 division to enhance the effectiveness of code en- accordance with the rules and procedures estab- forcement within the city by authorizing the en- lished by this division and F.S. Ch. 162. forcement methods and penalties contained in 1 this division for the betterment and promotion of (b) Code enforcement officers shall not have the public health, safety, and welfare of the citi- the power of arrest for purposes of bringing a zens of the city. violation in compliance. For each violation, the (Ord. No. 06-2004, § 2, 4-20-04) code enforcement officer shall determine, using Supp.No. 22 CD2:21 i i i This page is intentionally left blank J L This page is intentionally left blank §2-282 CAPE CANAVERAL CODE reasonable discretion, whether to prosecute the (b) In the event of a conflict between the civil violation through the civil citation system under penalties enumerated in this section and a civil this division and/or the code enforcement board. penalty specifically enumerated elsewhere in this (Ord. No. 06-2004, § 2, 4-20-04) Code or other ordinances, the more stringent penalty shall apply. Sec. 2-283. Applicable codes and ordinances; (Ord. No. 06-2004, § 2, 4-20-04; Ord. No. 06-2007, class violation. § 2, 10-16-07; Ord. No. 06-2012, § 3, 4-17-12; Ord. No. 07-2012, § 3, 5-15-12; Ord. No. 09-2012, § 2, (a) The following city codes and ordinances 6-19-12; Ord. No. 21-2012, § 2, 12-18-12; Ord. No. may be enforced by civil citation to the Brevard 08-2013, § 3, 7-16-13) County Court, and are assigned the violation classification enumerated below: Sec. 2-284. Training of code enforcement of- (1) Chapter 38, article IV, Fire- ficers. works Class II. (2) Chapter 34, article II Litter Class I. (a) The training and qualifications of the code enforcement officers shall be established by the (3) Chapter 34, article III,Prop- city council or city manager. erty Maintenance Standards Class I. (b) Except for sworn law enforcement officers, (4) Chapter 34, article V, Noise Class I. the designation of code enforcement officers under this division does not confer the power of arrest or (5) Chapter 34,article VII,Lights Class I. other law enforcement powers nor subject the (6) Section 14-3, Bees and bee- code enforcement officers to the provisions of F.S. hives prohibited Class I. Ch. 943. (Ord. No. 06-2004, § 2, 4-20-04) (7) Chapter 14, article III, Sea Turtles Class I. Sec. 2-285. Citation powers; personal inves- (8) Section 110-467,Garage sales Class I. tigation; reasonable cause. (9) Section 110-582, Swimming Any code enforcement officer is hereby autho- pool barriers Class II. rized to issue a citation to a person when, based (10) Chapter 62, Solid waste Class I. upon personal investigation, the officer has rea- sonable cause to believe that the person has (11) Section 110-487, Rental re- committed a civil infraction in violation of the strictions on dwelling units. Class IV. duly enacted code or ordinance which is either identified in section 2-283 of this division or (12) Chapter 82,article XIV,Num specifically made subject to this division else- Bering of Buildings and Prop where in the City Code,regardless of whether the erty Class I. violation constitutes a repeat violation. Nothing (13) Chapter 82, article V, Regis- in this section shall prohibit the city from enforc- tration and Maintenance of ing its codes or ordinances by any other means. Properties in Foreclosure Class IV. (Ord. No. 06-2004, § 2, 4-20-04) (14) Section 94-6,Prohibited signs and features Class I. Sec. 2-286. Violation; penalties; general. (15) Chapter 90, article V, con- (a) A violation of a city code or ordinance struction site stormwater specifically made subject to this division is hereby runoff control Class II. deemed a civil infraction. Supp.No. 22 CD2:22 1 , I 1 ADMINISTRATION §2-287 1 (b) Each violation of a city code or ordinance specifically made subject to this division is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) The maximum civil penalty pursuant to this division, shall not exceed $500.00 plus all applicable court costs and legislative assess- ) ments, per violation. i (d) Any citation issued pursuant to this article may be contested in county court. (e) Any person who willfully refuses to sign and accept a citation issued by a code enforcement j officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 and 775.083. i (f) The provisions of this part shall not apply to enforcement pursuant to sections 553.79 and 553.80 of the Florida Building Code, as applied to con- struction, provided that a building permit is ei- ther not required or has been issued by the city. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-287. Citation issuance procedure. li All citations issued pursuant to this division by I a code enforcement officer shall be in accordance with the following procedure: t (a) Warning notice. Except as provided in k subsection (b), a code enforcement officer shall provide a warning notice prior to 4 issuing a citation. The warning notice shall at a minimum provide the following: (1) The code or ordinance provision vio- lated; 1 (2) The date of the issuance of the warn- ing notice; i i 1 Supp. No. 22 CD2:22.1 i 1 This page is intentionally left blank J � I } ) \ � Chapter 22 ) � } COMITY DEVELOPMENT* } Article I. In General ) Secs. 22-1-22-25. Reserved. Article II. Busin_s and Economic Development Bo ara } Sec. 22-26. Definitions. } Sec. 22-27. Established. ) Sec. 22-28. Composition. ) bc. 22-29. Reserved. Sec. 22 m. Reserved. ) Sec. 22-31. Reserved. Sec. 22-32. Reserved. Sec. 22 2. Purpose anda Us. } Sec. 22-34. Advisory capacity. ) Sec. 22-35. Indebtedness. ) � Article lIl . Community pear_ce Review ) Sec. 22-36. Statement Jf dings and pu Rmw ) Sec. 2237. Board est ed; ership;qualific ons of members. } Sec. 22 S. Reserved. } Sec. 22-39. Proceedings of the board. \ \ Sec. 22-40. Approval pre requisite for permits. ) Sec. 22-41. Compliance with other code provis s. ) Sec. 22-42. Procedure. Sec. 22-43. Notice of approval or denial. ) Sec. 22-44. Application criteria. } Sec. 22 6. Concept p! _. Sec. 22-46. Appeals and rev Qa ) Sec. 22-47. Building permits;enfor ce } Secs. 22-48,22-49. Reserved. \ � } Article ) IV Community Redevelopment } Sec. 22-50. Redevelopment trust fund. \ i j ! ) � \ ) � ) ! ) � \ | \ � C *Cross references—Planning, 58;zoni 20. s�@No. £ Cg2 J } i ! � This page is intentionally left blank J { 1 COMMUNITY DEVELOPMENT §22-50 t Sec. 22-46. Appeals and review hereby created a community redevelopment trust Any person(s) or the city aggrieved by a final fund ("fund"), which fund shall be utilized and 3 expended for the purposes of and in accordance decision rendered by the community appearance with the Cape Canaveral Community Redevelop- board may appeal the decision to the city council 1 ment Plan("plan"),including any amendments or pursuant to the procedure set forth in section modifications thereto approved pursuant to appli- 110-33 of this Code. cable law and pursuant to the county's delegation (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 39-2003, of authority set forth in Brevard County Resolu § 2, 11-18-03; Ord. No. 07 2007, § 3, 12-4-07) tion No. 2012-174, as may be amended. i Sec. 22-47. Building permits; enforcement. (a) The funds to be allocated to and deposited i into the fund shall be used to finance Unless otherwise provided by this article, no community redevelopment within the corn- 1 building permit shall be issued until the commu- munity redevelopment area ("area") ac- nity appearance board has approved the proposed cording to tax increment revenues attrib- building or structure's architectural specifica- uted to the community redevelopment area, tions and design features,pursuant to this article. which shall be appropriated by the Cape ' Any final plans and specifications that differ Canaveral Community Redevelopment substantially, in the opinion of the building offi Agency ("agency"). The agency shall uti cial, from the approved application by the com lize the funds and revenues paid into and i munity appearance board shall be resubmitted earned by the fund for community rede prior to the issuance of the building permit. All velopment purposes as provided in the i approved specifications and design features shall plan and as permitted by law. The fund become a binding condition of,and made a part of, shall exist for the duration of the commu- 1 the building permit(s) secured for the building or pity redevelopment undertaken by the structure associated therewith. The building per- I agency pursuant to the plan to the extent mit shall be enforced in a manner similar to all permitted by the Act. Funds shall be held other building permits issued by the city.The city in the fund by the City of Cape Canaveral shall have the right, power and ability to recover and on behalf of the agency,and disbursed all costs, expenses and reasonable attorney's fees from the fund as provided by the agency. ("costs") incurred as a result of enforcing he permit.All costs shall be a lien on the property to (b) There shall be paid into the fund each which the building or structure is associated from year by all taxing authorities within the the date the costs become due until the costs are area, the incremental increase in ad va- paid.The owner of the property shall be obligated lorem taxes levied each year by those to pay the costs,which obligation may be enforced taxing authorities, as calculated in accor- by the city by action at law or suit to enforce the dance with this section and F.S.§ 163.387, lien in the same manner as the foreclosure of based upon the 2012 tax year as set forth mortgages. herein. (Ord. No. 16-95, § 2, 12-19-95) (c) The most recent assessment roll used in connection with the taxation of property Secs. 22-48, 22-49. Reserved. prior to the effective date of this section shall be the preliminary assessment roll ' ARTICLE N COMMUNITY of taxable real property in Brevard County, Florida, prepared by the Property Ap- REDEVELOPMENT praiser of Brevard County, Florida, and Sec. 22-50. Redevelopment trust fund. filed with the department of revenue pur- 1 suant to F.S. § 193.1142, reflecting valua- In accordance with the provisions of the Corn- tion of real property for purposes of ad munity Redevelopment Act of 1969, Part III of valorem taxation as of January 1, 2012 F Chapter 163,Florida Statutes("the Act"),there is ("base year value"), and all deposits into i Supp.No. 22 CD22:9 1 §22-50 CAPE CANAVERAL CODE the fund shall be in the amount of tax and effectively administered and utilized increment calculated as provided herein by the agency expeditiously and without based upon increases in valuation of tax- undue delay for its statutory purpose pur- able real property from the base year suant to the plan. value. (g) The governing body of the agency shall be (d) All taxing authorities, except as other- the trustees of the fund and shall be wise exempt by law, shall annually appro- responsible for the receipt, custody, dis- priate to and cause to be deposited in the bursement, accountability, management, fund the tax increment determined pur- investments and proper application of all suant to the Act and this section at the monies paid into the fund. beginning of each fiscal year thereof as (Ord. No. 23-2012, § 2, 12-18-12) provided in the Act.The obligation of each taxing authority to annually appropriate the tax increment for deposit in the fund shall commence immediately upon the effective date of this section and continue to the extent permitted by the Act so long as any indebtedness pledging "increment revenue" have been paid. (e) The tax increment shall be determined and appropriated annually by each taxing authority required to pay monies to the fund, and shall be an amount equal to 95 percent of the difference between: (1) That amount of ad valorem taxes levied each year by each taxing au- thority, exclusive of any debt service millage,on taxable real property con- tained within the geographic bound- aries of the community redevelop- ment area; and (2) That amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing au- thority, exclusive of any debt service millage, upon the total of the as- sessed value of the taxable real prop- erty in the community redevelop- ment area as shown upon the most recent assessment roll used in con- nection with the taxation of such property by each taxing authority, prior to the effective date of this section. (f) The funds shall be established and main- tained as a separate trust fund by the agency so that the fund may be promptly Supp.No. 22 CD22:10 1 Ai i , L t i Chapter 38 FIRE PREVENTION AND PROTECTION* Article I. In General Sec. 38-1. Penalty. Sec. 38-2. Fire safety fees. Sec. 38-3. Fire inspectors designated as city code inspectors. Sec. 38-4. Restriction on storage and dispensing of flammable materials and liquids. 1 Sec. 38-5. Restriction on the use of bottled gas;permit required. Sec. 38-6. Doors to businesses or public halls. Sec. 38-7. Smoke detectors to have battery backup. � Sec. 38-8. Fire protection service charge. I Secs. 38-9-38-25. Reserved. 1 Article II. Fire Prevention Codes Sec. 38-26. Florida Fire Prevention Code-Adopted. Sec. 38-27. Same-Inspector. Sec. 38-28. Life Safety Code-Adopted. Sec. 38-29. Same-Fire inspector. Sec. 38-30. Reserved. Sec. 38-31. Administrative authority or official. Sec. 38-32. Lockboxes required. 1 ; C, Sec. 38-33. Private entry gates. Sec. 38-34. Conformance. Secs. 38-35-38-55. Reserved. m l Article III. Fire Department Sec. 38-56. Fire protection services;emergency medical services. Sec. 38-57. Volunteer fire department. Sec. 38-58. Duties of fire chief. k Secs. 38-59-38-80. Reserved. Article IV. Fireworks Sec. 38-81. Definitions. I Sec. 38-82. Private use or display prohibited; public displays authorized by l permit only. I Sec. 38-83. Application for permit;fee. Sec. 38-84. Investigation of applicant;issuance or denial of permit. 4 Sec. 38-85. Operators. Sec. 38-86. Insurance. Sec. 38-87. Storage of materials. Sec. 38-88. Attending firefighters. 1 Sec. 38-89. Reserved. 1 Article V. Hazardous Materials and Substances N 9 Sec. 38-90. Definitions. a Sec. 38-91. Cleanup and abatement. 1 : ir *Cross references-Impact fees,§2-231 et seq.;code enforcement,ch.2,art.VI;alarm systems,§30-26 et seq.;buildings and building regulations,ch.82. State law reference-Fire prevention and control,F.S.ch. 633. I lib/ i Supp.No. 22 CD38:1 1 i CAPE CANAVERAL CODE Sec. 38-92. Reserved. Sec. 38-93. Cost recovery;penalties;other remedies. J j Supp.No. 22 CD38:2 4 i I FIRE PREVENTION AND PROTECTION §38-2 ARTICLE I. IN GENERAL tion, alterations, or additions in the city, Sec. 38-1. Penalty. except for one-and two-family residences. This fee shall encompass plan review and Any person who shall violate any of the sec- necessary fire inspections required prior tions of this chapter or who shall fail to comply to the issuance of a certificate of occu Ywith this chapter or who shall violate or fail to panty. This fee shall be payable at the comply with any order or regulation made under this chapter or who shall build in violation of any same time and in the same manner as building permit fees. As-built plans shall detailed statement or specifications or plans sub- 1 mitted and approved under this chapter or any be submitted for permanent record upon certificate or permit issued under this chapter completion of the construction,alteration, j shall, for each and every such violation and non- or addition upon issuance of a certificate compliance,respectively,be punished as provided of occupancy or certificate of completion. . in section 1-15. (Code 1981, §§ 621.07, 626.05, 629.05) 4 Sec. 38-2. Fire safety fees. In order to defray the costs of inspection and enforcement of its fire safety code in the construc- ! tion and maintenance of buildings within the city, the city adopts the following fees: (a) A fee in the amount of$0.025 per square foot shall be levied on all new construc- 1 (b) Except as provided in subsection (g) below, the following permit fees for fire protection systems are required and shall be paid at the same time and in the same manner as building permit fees: (1) Standpipe and sprinkler systems: 4 a. First 12 heads $15.00 1 b. Each additional head 1.00 3 c. Siamese connections 10.50 d. Hose cabinet 15.50 (2) Fire pumps and controller: I a. 750 gallons per minute $25.00 b. 1,000 gallons per minute 30.00 c. 1,250 gallons per minute 35.00 d. 1,500 gallons per minute 40.00 e. 1,750 gallons per minute 45.00 f. 2,000 gallons per minute and over 50.00 (3) Fire detection and annunciation systems: a. Main control panel $25.00 b. Remote control or annunciation panel 10.00 c. Detector heads—ion, photoelectric, heat, etc., each 5.00 3 d. Manual activation stations 5.00 e. Annunciation stations—Horns, bells, buzzer, strobes, etc., each 5.00 1 9 Supp.No. 22 CD38:3 i §38-2 CAPE CANAVERAL CODE f. Flow or tamper switches 5.00 g. Phone stations 5.00 (4) Fixed fire suppression systems (Halon, wet/dry chemical system, etc.): a. Cylinder and two heads $25.00 b. Each additional head 1.00 c. Each additional cylinder 15.00 d. Control panel 25.00 e. Detector head 1.00 (5) Hazardous materials: a. Storage, handling, transportation, manufacturing or use of flammable materials, application of flammable finishing, spraying, dip tanks, etc. . $25.00 b. Storage of flammable materials,compressed gases;LP,natural acetylene, etc 25.00 c. Flammable liquids: 1. Classes 1, 2 and 3, under 100 gallons 25.00 2. 100 to 499 gallons 50.00 3. 500 gallons and over 100.00 d. Explosive materials: 1. Storage, handling, manufacturing, etc. of explosives, ammunition and blasting agents 50.00 2. Fireworks, classes B and C 50.00 3. Discharge of fireworks, per event 25.00 4. Compressed gases, nonflammable cryogenic liquids 25.00 5. Dust explosion hazards, operations which produce hazardous mate- rials, 40 CFR Part 355,Appendices A and B 25.00 6. Storage of reportable quantities of spills as specified by CAS number, each item 1.00 7. Plan review of storage site, per square foot .025 (c) The minimum fee for the activities specified in subsections (a) and (b) above shall be $25.00. In the event a change of building plans requires additional plan review and/or necessary fire inspections prior to the issuance of a certificate of occupancy,an additional fee equal to 50 percent of the amounts specified in subsections (a) and (b) shall be payable. In the event reinspection(s) of an improvement are required due to a fire safety code violation,incompletion of work at a time scheduled for inspection, deviation from an approved plan or other cause, the first reinspection shall be performed at no charge, the second reinspection shall require payment of a $50.00 fee and each subsequent reinspection shall require payment of a $100.00 fee. (d) Whenever a periodic inspection is required by law or ordinance or when any person requests a periodic inspection of a fire safety system, the following fees shall apply: (1) Annual inspections: a. Multifamily: Three to 24 units $25.00 25 to 38 units 35.00 39 units and over 45.00 Supp.No. 22 CD38:4 ) 4 1 1 4 A FIRE PREVENTION AND PROTECTION §38-4 A 1 4 1 b. Nonresidential,includes all retail,office,industrial and residential struc- tures that are required to have local business tax receipt per section 110-521: First 1,000 square feet 25.00 g Each additional 1,000 square feet 1.75 ) c. Tents, canopies and temporary structures 25.00 i - (2) Annual inspection of fire suppression, detection and annunciation systems: ta. Fire protection systems $25.00 w b. Fire detection systems 25.00 1 c. Fire annunciation systems 25.00 d. Fire pump 25.00 e. Smoke evacuation systems 25.00 (3) The minimum annual fire inspection fee shall be $50.00 excluding fees specified in paragraphs (d)(1) and (2) above. y (4) Individuals or entities sharing one office or business suite or bay shall be charged a single I set of inspection fees. (e) Any person who fails to obtain the necessary permits or pay the required inspection fee when due shall be liable to the city for an amount equal to the required fee as a penalty, in addition to the payment of the fee. , (f) Any organization which qualifies for exemption from taxation pursuant to section 501(c)(3)of the i United States Internal Revenue Code of 1986, as amended, shall be exempt from the payment of 1 the permit fees imposed by this section. (g) In the sole discretion of the fire chief, or the chiefs designee, plans submitted for review and approval by the city fire department under the terms of this section may be required to be I reviewed by a fire protection engineer. The cost of such review shall be borne exclusively by the applicant. Such costs shall be in addition to any applicable permit fee. (Ord. No. 18-94, § 1, 6-7-94; Ord. No. 5-95, § 1, 2-21-95; Ord. No. 11-2003, § 2, 5-6-03; Ord. No. 02-2007, § 6, 2-20-07) 4 Sec. 38-3. Fire inspectors designated as city gallons of gasoline,kerosene or diesel fuel, except code inspectors. such greater amounts as are normally stored in All city firefighters who are appointed by the the fuel tanks of motor vehicles in any residential city fire chief as fire inspectors shall be empow- area of the city. The provisions of this section ! ered as code enforcement inspectors of the city for shall not apply to above-ground liquid petroleum, ( the enforcement of fire safety codes in force within central gas distribution systems for mobile home a the city.As code enforcement inspectors, such fire parks, as defined in section 110-1, in existence on inspectors shall have all the powers and duties the effective date of the ordinance from which this set forth in F.S. ch. 162 to enforce the fire safety section derives. In no event shall above-ground ) codes of the city. storage of liquid petroleum, gasoline, kerosene or (Ord. No. 21-94, § 1, 7-19-94) diesel fuel exceed 250 gallons in any residential B Sec. 38-4. Restriction on storage and dis- area of the city. f pensing of flammable materials (Ord. No. 22 94, § 1, 9-6-94) y and liquids. I Except as provided in this section, it shall be unlawful for any person to store more than 15 1 Supp.No. 22 CD38:5 i 1 §38-5 CAPE CANAVERAL.CODE J Sec. 38-5. Restriction on the use of bottled utility bill. Such charges shall be based on the gas; permit required. monthly, per-hydrant fee adopted by the city's water provider. (a) Any person who utilizes bottled or tank gas (Ord. No. 17-2012, § 2, 10-16-12) as a fuel source for any structure within the city shall be required to obtain a building permit prior Secs. 38-9-38-25. Reserved. to the installation or replacement of any bottle, tank or other gas storage device. No building permit shall be issued and no hookup shall occur ARTICLE II. FIRE PREVENTION CODES* unless the city fire inspector shall have certified to the building official that the storage device and Sec. 38-26. Florida Fire Prevention Code— the hookup does not constitute a hazard to the Adopted. residents of the city. This subsection (a) shall not apply to portable cooking devices. The Florida Fire Prevention Code and the life safety code adopted by the state fire marshal, (b) This section shall apply only to new instal- Florida Statute 633.025 (1), Minimum fire safety lations of bottled or tank gas and replacements of standards, is adopted by reference as though it existing gas bottles or tanks occurring on or after were copied in this article in full. October 1, 1994. (Code 1981, § 629.01; Ord. No. 13-2002, § 1, (Ord. No. 22-94, § 2, 9-6-94) 8-20-02) Cross reference—Building code, §82-31 et seq. Sec. 38-6. Doors to businesses or public halls. Sec. 38-27. Same—Inspector. All doors to business premises or premises used as gathering places for the public, for any Whenever the term "authority having jurisdic- purpose, shall be installed in a manner that such tion" or "official" is used in the code adopted in doors open to the outside of such premises. section 38-26, it shall be construed to mean the (Ord. No. 22-94, § 3, 9-6-94) fire inspector of the city or his authorized repre- sentative. Sec. 38-7. Smoke detectors to have battery (Code 1981, § 629.03) backup. Sec. 38-28. Life Safety Code—Adopted. (a) Each smoke detector installed in any strut The Life Safety Code adopted by the state fire ture within the city which utilizes electric current marshal, Florida Statute 633.025 (3), is adopted provided by electric wiring connected to the struc by reference as though it were copied in this ture's main electrical system as a primary energy article in full. source shall contain a battery-powered alterna (Code 1981, § 626.01; Ord. No. 12 94, § 1(626.01), tive energy source. 4-5-94; Ord. No. 25-95, § 1, 9-19-95; Ord. No. (b) This section shall apply to smoke detectors 13 2002, § 2, 8-20-02) Cross references—Unsafe building abatement code,§82-56 installed after September 1, 1994. et seq.;housing code, §82-271 et seq. (Ord. No. 22-94, § 4, 9-6-94) Sec. 38-29. Same—Fire inspector. Sec. 38-8. Fire protection service charge. Whenever the term "authority having jurisdic- Any public fire protection service charges im- tion" or "official" is used in the code adopted in posed by the city's water provider for fire hy- drants located within Cape Canaveral shall be *Cross reference—Code enforcement,ch. 2, art.VI. State law references—Mandatory uniform fire safety billed directly to City of Cape Canaveral water standards,F.S.§633.022;minimum fire safety standards,F.S. consumers as part of each consumer's monthly §633.025. Supp.No. 22 CD38:6 x ; FIRE PREVENTION AND PROTECTION §38-56 i I 1 section 38-28, it shall be construed to mean the (2) The private entry gates shall be siren ' fire inspector of the city or its authorized repre- activated for emergency vehicles. sentative as outlined in Florida Statutes. (3) Private entry gates shall provide for ac- (Code 1981, § 626.03; Ord. No. 12-94, § 2(626.03),4-5-94) cess by nonemergency fire department vehicles by use of a Knox switch. Sec. 38-30. Reserved. 1 (4) Private entry gates shall provide for emer- Editor's note—Ord. No. 13-2002, § 3, adopted Aug. 20, gency vehicle access during periods of F 2002,repealed§38-30,which pertained to the adoption of the power outages without delay. Private en Standard Fire Prevention Code and derived from Code 1981, §621.2;Ord. No. 14-92,§ 1, adopted Aug. 18, 1992;Ord.No. try gates shall open when power fails and 17-93,§1(621.01),adopted June 15,1993;and Ord.No.25-95, remain open until power is restored. § 2,adopted Sept. 19, 1995. (Ord.No. 12-96,§ 1,8-6-96; Ord.No. 13-2002, §4, ' Sec. 38-31. Administrative authority or offi- 8-20-02) cial. Sec. 38-34. Conformance. Whenever the term "administrative authority" or "official" is used in the code adopted in section All private gates erected within the city limits 1 38-30, it shall be construed to mean the fire chief shall conform to this chapter. Every private entry of the city or his or her authorized representative. gate lawfully permitted at the time of the adop- (Code 1981,§621.02;Ord.No. 24-96, § 1, 12-3-96) tion of this chapter, which violates or does not Sec. 38-32. Lockboxes required. conform to this chapter, shall be removed, or altered, or replaced, so as to conform with this (a) Lockboxes are required on structures that q chapter within one year from the effective date of are required to have fire department alarm sys- Ordinance Number 12-96. tems and on multifamily residences having en- (Ord. No. 12-96, § 2, 8-6-96) I closed common areas to which the fire depart- ment, in an emergency, may need to gain access. The public safety keybox system shall contain Secs. 38-35-38-55. Reserved. i keys for elevator return and door opening, eleva- for rooms, fire alarm box room, electrical rooms ARTICLE III. FIRE DEPARTMENT* 1 and any other keys necessary for the fire depart- ment to gain access to common areas or through 4. common areas to individual units. The keybox Sec. 38-56. Fire protection services; emer- system shall not require keys of individual units. gency medical services. (b) The keybox system may be surface mounted The city shall contract with the Cape Canav- or flush mounted in an easily accessible location, eral Volunteer Fire Department, Inc., for the and the fire department shall maintain posses- provision of fire protection and emergency medi- Sion of the only key. If locks are changed in any of cal services within the city, unless otherwise the rooms mentioned in subsection (a) of this provided in accordance with the City Charter.The section, the fire department shall be notified im- city may however, enter into mutual aid agree- mediately. All keybox systems must be approved ments with any municipality, Brevard County, or by the fire chief. private or federal agency for the purpose of sup- (Code 1981, § 621.03) plementing the fire protection services provided 1 by the Cape Canaveral Volunteer Fire Depart- Sec. 38-33. Private entry gates. ment, Inc. Private entry gates shall be permitted within (Ord. No. 15-2003, § 2, 6-3-03) 1 the city as long as they meet the following: 1 *Charter reference—Referendum required for certain (1) The gates do not interfere with the 20 feet fire protection services other than volunteers,art.XIV,§4. of unobstructed access which is required Cross references—Officers and employees,§2-91 et seq.; under the Fire Prevention Code. alarm systems, §30-26 et seq. 1 Supp.No. 22 CD38:7 1 i I §38-57 CAPE CANAVERAL CODE Sec. 38-57. Volunteer fire department. does not mean sparklers approved pursuant to The city may support and assist the Cape F.S.§791.013,or novelties,trick noisemakers,toy Canaveral Volunteer Fire Department, Inc. Such pistols or other devices in which paper caps con support and assistance shall be defined and pro- taining twenty-five hundredths grains or less of vided for within the contract for services, as may explosive compound or mixture are used, as de be amended, between the city and the Cape fined by F.S. §§ 791.01(4)(b) and (c), as may be Canaveral Volunteer Fire Department, Inc. amended. (Laws of Fla., ch. 63-1197, art. XIV, § 2; Ord. No. (Ord. No. 3 93, § 1(602.01), 3-16-93; Ord. No. 15-2003, § 2, 6-3-03) 05-2004 § 2, 4-6-04) Cross reference—Definitions and rules of construction generally,§ 1-2. Sec. 38-58. Duties of fire chief. (a) It shall be the duty of the fire chief to: Sec. 38-82. Private use or display prohib- ited; public displays authorized (1) Attend such meetings of the city council by permit only. as required by the city council; (2) Aid in the enforcement of all applicable The private use or display of fireworks shall be laws and city ordinances relating to the strictly prohibited, unless otherwise provided by law, within the city limits of the city. Public prevention and extinguishment of fires and the protection of life and pro ert displays of fireworks shall be permitted within P y the city only upon the conditions specified in this within the limits of the city and execute article. all papers and processes of the city or its (Ord. No. 3-93, § 1(602.03), 3-16-93; Ord. No. authorities relating thereto; and 05 2004, § 2, 4-6-04) (3) Perform such other duties as may be lawfully required by law or lawfully as- Sec. 38-83. Application for permit; fee. signed by the city council or city manager. Any person planning to make a public display (b) The Cape Canaveral Volunteer Fire Depart- of fireworks shall first make written application ment, Inc., shall appoint a lawfully qualified for a permit to the city treasurer at least 30 days individual to serve as fire chief who shall have in advance of time of the proposed display.The fee and exercise control over the fire department. for the city permit shall be as established by (Laws of Fla., ch. 63-1197, art. XIV, § 3; Ord. No. resolution of the city council and set forth in 15-2003, § 2, 6-3-03) appendix B to this Code, plus the cost of the firefighters required under section 38-88. Secs. 38-59-38-80. Reserved. (Ord. No. 3-93, § 1(602.05), 3-16-93) Sec. 38-84. Investigation of applicant; issu- ARTICLE IV. FIREWORKS* ante or denial of permit. Sec. 38-81. Definitions. It shall be the duty of the fire chief to make an investigation as to whether the public display as For purposes of this article, "fireworks" shall proposed by the applicant for a permit pursuant mean any combustible or explosive composition or to this article is of a character and the display is substance or combinations of substances or any in a location and the manner of discharge or article prepared for the purpose of producing a firing, in the opinion of the fire chief after proper visible or audible effect by combustion, explosion, inspection, shall not be hazardous to property or deflagration or detonation, as defined by F.S. endanger any person. The fire chief shall inform § 791.01(4)(a), as may be amended. "Fireworks" the city treasurer of the results of his investiga- *Cross references—Code enforcement, § 2-246 et seq.; tion. The fire chief may require the applicant for offenses and miscellaneous provisions,ch.50. the permit to make such changes in the character, State law reference—Fireworks,F.S.ch. 791. location and method of discharging and firing as Supp.No. 22 CD38:8 i fi 5 FIRE PREVENTION AND PROTECTION §38-90 deemed by the fire chief to be in the interest of result from or be attributable to the public dis- public safety as a condition to approving the play. The insurance policy shall be approved by permit application. The permit shall be for a the city manager. ' period of time designated on the permit,but shall (Ord. No. 3-93, § 1(602.11), 3-16-93) be for not more than the one day intended for the public display or a date to which the display is Sec. 38-87. Storage of materials. postponed because of inclement weather condi- tions. The permit shall be nontransferable. If the The material to be used for the public display 1 application is denied by the fire chief, he shall authorized by this article shall not be stored notify y within the city,but shall be brought in on the day 3 notify the applicant of the denial in writing. No public display of fireworks shall be of such a of the public display and taken immediately to the character and so located,discharged,or fired as to place of display. be hazardous or dangerous to persons or property, (Ord. No. 3 93, § 1(602.13), 3-16-93) 1 and this determination shall be within the sound discretion of the fire chief after proper inspection Sec. 38-88. Attending firefighters. of the public property. For each public display of fireworks pursuant (Ord. No. 3 93, § 1(602.07), 3-16-93) to this article, not less than one firefighter of the city shall be in attendance during the display.The Sec. 38-85. Operators. expense of such firefighter at the display shall be borne by the applicant for the permit and shall be The persons handling the display of the fire- paid in advance at the time of the application for works pursuant to this article shall be competent permit based on the average hourly rate of a persons over the age of 18 years and experienced firefighter and the number of hours specified in pyrotechnic operators approved by the fire chief the permit. and the chief of police or the county sheriffs (Ord. No. 3-93, § 1(602.15), 3-16-93) precinct supervisor for the city, as the case may be. No person not approved by the fire chief and Sec. 38-89. Reserved. chief of police or the county precinct supervisor y shall handle fireworks at the public display. The a names of the approved operators shall be desig- ARTICLE V. HAZARDOUS MATERIALS x nated on the permit when issued. AND SUBSTANCES 1 (Ord. No. 3-93, § 1(602.09), 3-16-93) Sec. 38-90. Definitions. n Sec. 38-86. Insurance. For purposes of this article,the following words, terms, and phrases shall have the meanings as- The applicant for a public display permit shall, cribed to them in this section, except where the at the time of making application, furnish proof context clearly indicates a different meaning: that the applicant carries worker's compensation insurance for applicant's employees as provided Costs shall mean those necessary and reason by the laws of the state. The applicant shall file able costs incurred by the city in connection with 1 with the city clerk a certificate of insurance evi- investigating, mitigating, minimizing, removing 1 dencing the carrying of public liability insurance or abating discharges of hazardous substances, in an amount not less than $1,000,000.00 per including, but not limited to, the actual labor occurrence and$3,000,000.00 aggregate issued by costs of city personnel or authorized agents, cost an insurance carrier authorized to transact busi- of equipment operation and rental,cost of expend- , ness in the state for the benefit of the person able items, including, but not limited to, fire named therein as insured, and the city shall be fighting foam, chemical extinguishing agents, ab- named as an additional insured, as evidence of sorbent material, sand, recovery drums, goggles the ability to respond for damages which may and protective clothing(both structural and chem- I Supp.No. 22 CD38:9 1 i §38-90 CAPE CANAVERAL CODE ical protective, disposable or standard use). Costs (c) The fire department shall keep a detailed shall further include overhead costs and indirect record of any costs incurred in the cleanup, re- expense allocable to the foregoing costs. moval or abatement of discharge of any hazard- ous substance. Discharge shall mean any intentional or unin (d) The intrusion into a canal, pond, lake or tentional action or omission resulting in the re other waterway by an automotive vehicle shall leasing,spilling,pumping,pouring,emitting,emp- tying or dumping of a hazardous substance upon constitute a discharge of hazardous substance public or private property located within the described in section 38-90 due to the release of corporate limits of the city. hydrocarbon materials. In the event of such in- trusion, the fire department shall deploy its dive Hazardous substance shall mean any sub- rescue team to assist in the vehicle's removal in stance or material in a quantity or form,which,in order to reduce environmental damage. A fee of the determination of the fire chief or his autho $100.00 shall be included as costs assessed against rized designee, poses an unreasonable and emi the person responsible for such discharge. nent risk to the life, health, safety or welfare of (Ord. No. 19 94, § 1 6-21-94) persons or property within the city and shall Sec. 38-92. Reserved. include, but not be limited to, any hazardous substance listed in the National Fire Protection Association Guide on Hazardous Materials or the Sec. 38-93. Cost recovery; penalties; other U.S. Environmental Protection Agency's lists of remedies. extremely hazardous substances or the "Florida (a) Any person responsible for discharging, Substance List"promulgated by the State of Flor- participating or assisting in the discharge or ida Department of Labor and Employment Secu- authorizing the discharge of a hazardous sub- rity. stance shall reimburse the city for the full amount (Ord. No. 19-94, § 1, 6-21-94) of all costs associated with the cleanup, removal or abatement of any such discharge within a Sec. 38-91. Cleanup and abatement. period of 30 days after receipt of an itemized bill for such costs from the city. (a) The fire department is hereby authorized (b) The remedy provided for in this section to take such steps as are necessary to clean up, shall be supplemental and in addition to all other remove or abate the effects of any hazardous available remedies at law and equity. substances discharged upon or into public or private property or facilities located within the (c) Funds recovered pursuant to this section corporate limits of the city. shall be allocated to the city departments which incurred costs in the cleanup, removal or abate- (b) Any person who,without legal justification, ment of the discharge of a hazardous substance.It discharges, participates or assists in the dis is the intent of this article that levels of response charge or authorizes the discharge of any hazard equipment and inventories and city funds be replenished to levels which existed prior to the ous substance that requires cleanup, removal or abatement by the fire department or its contrac city s response to a discharge of hazardous sub tors shall be liable to the city for the costs in- stances. curred by the city in the cleanup, removal or (Ord. No. 19 94, § 1, 6-21-94) abatement of any such discharge. In the event that more than one person has made a discharge, participated in the discharge or authorized the discharge of a hazardous substance, each such person shall be jointly and severally liable for costs incurred in the cleanup, removal or abate- ment of such discharge. Supp.No. 22 CD38:10 1 a TAXATION § 70-30 i I ARTICLE I. IN GENERAL Sec. 70-29. Levied. (a) There is imposed and levied by the city on Secs. 70-1-70-25. Reserved. each and every purchase in the city of water, electric, phone and gas utilities service (except ARTICLE II. PUBLIC SERVICE TAX* fuel oil) a tax which is based upon the charge made by the seller to the purchaser for such utilities service at the rate of ten percent of the Sec. 70-26. Definitions. payments received by the seller of the taxable f item from the purchaser for the purchase of such The following words, terms and phrases, when p p used in this article, shall have the meanings service. This utility service tax shall be applied ascribed to them in this section, except where the uniformly to the taxable items listed above upon context clearly indicates a different meaning: which the tax is levied by the city. a Utilities service means electricity, metered or (b) "Taxable item" shall include, with respect 4 bottled gas (natural, liquefied petroleum or man- to telecommunications services, only the monthly ufactured),water service,fuel oil and telecommu- recurring customer service charges,excluding pub- nications services as defined in F.S. § 203.012. lic telephone charges collected on-site, access (Code 1981, § 541.02; Ord. No. 32-93, § 1(541.01), charges, and any customer access line charges 10-5-93) paid to a local telephone company. Cross reference—Definitions and rules of construction generally,§ 1-2. (c) Fuel oil shall be taxed at a rate of$0.04 per gallon. If the tax contained in subsection (a) of 1 this section is reduced, the tax on fuel oil shall be Sec. 70-27. Authority; findings. reduced to bear the same proportion to $0.04 (a) The city is authorized by F.S. § 166.231 to which the tax contained in subsection (a) of this i C levy the utilities service tax provided by this section bears to ten percent. article. (d) This public service tax shall not be applied (b) The city finds that fuel oil is a service against any fuel adjustment charge as defined in 1 which is competitive with electricity and metered F.S. § 166.231(1)(b). t or bottled gas and should be taxed on a compara- (Code 1981, § 541.02; Ord. No. 32-93, § 1(541.04), ble basis therewith. 10-5-93; Ord. No. 4-95, § 1, 2-21-95; Ord. No. (Code 1981, § 541.01; Ord. No. 32-93, § 1(541.02), 16-2012, § 2, 12-18-12) 10-5-93) Sec. 70-30. Exemptions. 5 Sec. 70-28. Applicability. The purchase of utilities service by the United This article shall apply to all persons selling or States, the state, the county, the city, the school purchasing within the limits of the city any util- board of the county, any governmental subdivi- I ities service, regardless of the place of residence sions of any of such governing bodies and any or place of business of any such seller or pur- recognized church in this state for use exclusively chaser, and the tax shall apply to each and every for church purposes shall be exempt from the purchase of such utilities service in the city except taxes levied under this article. The purchase of those specifically exempted in this article. natural gas or fuel oil by a public or private (Code 1981, § 541.19; Ord. No. 32-93, § 1(541.03), utility, for resale or for use in the generation of 10-5-93) electricity, or the purchase of fuel oil or kerosene 1 for use as an aircraft engine fuel or propellant or *Cross references—Utilities, ch. 78; electric franchise, for use in internal combustion engines is exempt £ app. A, art. II; gas franchise, app. A, art. III; telephone from taxes levied under this article. franchise,app.A,art.IV. State law reference—Public service tax,F.S.§§ 166.231, (Code 1981, § 541.08; Ord. No. 32-93, § 1(541.05), 166.232. 10593) 1 Supp.No. 22 CD70:3 a i i §70-31 CAPE CANAVERAL CODE J. Sec. 70-31. Payment. Sec. 70-34. Monthly computation. The tax imposed in section 70-29 shall in every The tax levied in this article shall be effective case be paid by the purchaser, for the use of the upon each and every purchase in the city of such city, to the seller of such utilities service at the utilities service. In all cases where the seller shall time of paying the charge for the utilities service collect the price thereof for monthly periods, the to the seller of the utilities service, but not less monthly periods shall be computed on the basis of often than monthly. the calendar month. However, any seller may (Code 1981, § 541.03; Ord. No. 32-93, § 1(541.06), elect to compute the tax on the basis of a monthly 10-5-93) period other than a calendar month,if such seller Sec. 70-32. Computation. shall file with the city treasurer a written desig- nation of the monthly period to be used by the In all cases where the seller of utilities service seller. Upon such designation the seller may use shall collect the price of utilities service at monthly the monthly period so designated as the basis for periods or periods of less than one month, the tax the computation of monthly charges. The period levied in this article may be computed on the may be changed by such seller from time to time aggregate amount of the sales during the period, by fixing a different monthly period. If by such provided the tax to be collected shall be the change the period shall be lengthened or ex- nearest whole cent to the amount computed for tended, the maximum tax for any period of less any period of one month or less than one month in than or more than one month resulting from the which the seller shall collect or receive payment change of period shall be computed by increasing from the purchaser of the charges for such utili- or reducing the maximum proportionately to the ties service. excess or fraction of a month resulting from such (Code 1981, § 541.04; Ord. No. 32-93, § 1(541.07), change. 10-5-93) (Code 1981, § 541.06; Ord. No. 32-93, § 1(541.09), 10-5-93) Sec. 70-33. Purchase of utilities service. The purchase of utilities service for each dwell- Sec. 70-35. Collection. ing,separate apartment in an apartment house or Every seller of utilities service shall collect duplex house or dwelling house divided into sep- from the purchaser, for the use of the city, the tax arate living apartments,hotel,roominghouse,res taurant,store,office,manufacturing plant or other levied in this article, at the time of collecting the place of business, manufacture, service or resi- dence shall be considered a separate purchase for shall report and pay over, on or before the 15th the purpose of computing the maximum utilities day following the end of the calendar or elective service tax to be paid for the purchases during month, to the city treasurer all such taxes levied each month,regardless of the ownership,manage- and collected during the preceding month. ment,control or occupancy of such dwelling,apart (Code 1981, § 541.09; Ord. No. 32 93, § 1(541.10), ment, store, office or other place of business, 10-5-93) service, manufacture or residence enumerated in this section, and the monthly purchases of utili-Sec. 70-36. Records. ties service for each such place of dwelling or Every seller of utilities service shall keep corn- business shall be computed separately,even though plete records showing all purchases in the city of more than one may be owned, occupied, managed such utilities service, which records shall show or controlled by the same person or even though the price charged upon each purchase, the date two or more shall be serviced by a master meter. thereof and the date of payment therefor. The The tax to be paid on master meters shall be at a records shall be kept open for inspection by the rate of ten percent of the charge for the utilities city treasurer or any other duly authorized agent service. of the city during all business hours on all busi- (Code 1981, § 541.05; Ord. No. 32-93, § 1(541.08), ness days, and the city treasurer or any duly au- 10-5-93) Supp.No.22 CD70:4 (60/ UTILITIES Sec. 78-196. Public employees liability. Sec. 78-197. Areas embraced. Sec. 78-198. Cross-connection control. Sec. 78-199. Unauthorized use. Sec. 78-200. Adoption of Chapter 62-610,F.A.C. Secs. 78-201-78-274. Reserved. Article V. Stormwater Drainage Division 1. Generally Sec. 78-275. Creation of stormwater drainage utility. Sec. 78-276. Findings,determinations and powers. Sec. 78-277. Definitions and construction. Sec. 78-278. Operating budget. Secs. 78-279-78-299. Reserved. Division 2. Fees and Taxes Sec. 78-300. Stormwater fee. Sec. 78-301. Determination of ERUs. Secs. 78-302-78-324. Reserved. Division 3. Administration Sec. 78-325. Program responsibility. Sec. 78-326. Stormwater management utility enterprise fund. Secs. 78-327-78-399. Reserved. 1 Division 4. Illicit Discharge and Connection q Sec. 78-400. Short title:Purpose and objectives. Sec. 78-401. Authorized enforcement agency. Sec. 78-402. Definitions. Sec. 78-403. Applicability. Sec. 78-404. Responsibility for administration. Sec. 78-405. Ultimate responsibility. Sec. 78-406. Discharge prohibitions. Sec. 78-407. Suspension of MS4 access. Sec. 78-408. Industrial or construction activity discharges. Sec. 78-409. Monitoring of discharges. Sec. 78-410. Requirements to prevent,control,and reduce stormwater pollut- 1 ants by the use of BMPs. Sec. 78-411. Watercourse protection. Sec. 78-412. Notification of spills. Sec. 78-413. Enforcement. { Supp. No. 22 CD78:2.1 This page is intentionally left blank J i i x I E C UTILITIES §78-126 ] DIVISION 3. IMPACT FEES* in Appendix B to this Code in addition to any 1 other assessments and charges due. In addition Sec. 78-121. Established. [to], and as an alternative means of, collecting such assessment, late charges and penalties, the 1 There shall be paid an assessment to defray city shall have a lien on such lot or parcel of land the cost and expense of collection, transmission, for which the sewer connection has been made,for treatment and disposal of sewage and for neces- which such lien shall be of equal dignity with the sary equipment, repairs, replacement and addi- lien of state and county and municipal taxes. j tions and for any new sewer plant expansion for Such lien may be foreclosed by the city in the 1 the city. Such assessment shall be for the sewer same manner provided by the laws of the state for system on all new construction and all structures the foreclosure of mortgages upon real estate. 3 initially connecting to the city sewer system. The (Code 1981, § 535.02;Ord.No. 31-93, § 1,9-21-93; assessment schedule shall be as set forth in Ord. No 23-96, §3, 12-3-96; Ord.No.08-2002, § 1, { appendix B to this Code. Construction, expansion 4-16-02; Ord. No. 09-2013, § 2, 8-20-13) or alteration of facilities on city-owned property shall not be subject to the fees established by this Sec. 78-123. Excessive quantity of wastewa- division. ter. 1 (Code 1981, § 535.01; Ord. No. 5-92, § 1, 5-5-92; ' Ord. No. 09-2013, § 2, 8-2043) (1) To the extent that average daily effluent outflow exceeds the amount paid for impact fees, 1 Sec. 78-122. Payment. an additional impact fee for the excess shall be levied as calculated and as provided for in this The assessments as set forth in this division division. shall be paid by certified funds at the time of issuance of a certificate of occupancy for such new (2) There shall be no refunds of impact fees, 1 construction. Except as provided in section 78-34, regardless of effluent outflow volumes. a building permit shall not be issued unless a (Code 1981, § 535.02(A); Ord. No. 31-93, § 1, 1 sewer permit has been first obtained.The amount 9-21-93; Ord. No. 09-2013, § 2, 8-20-13) rt of the assessment shall be determined in accor- dance with the rates established in section 78-121 Sec. 78-124. Reserved. in effect at the time a sewer permit is issued by the city.A sewer permit shall not be issued until a Editor's note-Ordinance No.23-96,§1,adopted Decem- ber 3, 1996, deleted § 78-124 in its entirety. Formerly, such city sewer main line is placed within 150 feet of section pertained to collection over certain time promissory the applicant's property. If the assessment is not note and derived from§535.02(B)of the 1981 Code;Ord.No. paid by the 30th day following that for which a 31-93,§ 1,9-21-93. billing has been rendered, then an amount equal 1 ' to five percent of such assessment due shall be Sec. 78-125. Full payment required prior to f added thereto as a late charge. Upon failure of issuance of certificate or license. f any user to pay for the assessment within 60 days from being billed,the city shall shut off or cause to No certificate of occupancy or city license shall be shut off the connection of such user and shall be issued until the impact fee as set forth in this not furnish him or permit him to receive from the division has been paid in full. system further service until all obligations owed (Code 1981, § 535.03; Ord.No. 21-92, § 1, 11-5-92; 1 by him to the city on account of the services shall Ord. No. 23-96, § 4, 12-3-96) 5 have been paid in full. If such sewer service is shut off pursuant to this section,then before such Sec. 78-126. Reserved. service shall be restored, the user thereof shall pay a reinstatement fee in the amount as set forth Editor's note-Ordinance No.23-96,§2,adopted Decem- ber 3, 1996, deleted § 78-126 in its entirety. Formerly, such s *Cross references-Finance,§2-206 et seq.;impact fees, section pertained to issuance of certificate of occupancy upon §2-231 et seq.;buildings and building regulations,ch. 82. full payment and derived from§535.02(B)of the 1981 Code. ) Supp. No. 22 CD78:21 i §78-127 CAPE CANAVERAL CODE Sec. 78-127. Use of funds. All funds generated by sewer connection im- pact fees shall be used for projects related to sewer plant expansion and sewer plant collection and transmission line expansion and shall not be used as operating revenue for the sewer plant. These funds shall be kept in accounts which are segregated from the general sewer plant fund. (Code 1981, § 535.04) Sec. 78-128. Change of use. For any structure or use of structure which is modified such that the sewer impact assessment is greater than the amount collected, the owner shall be assessed additional impact fees in accor- dance with sections 78-121 and 78-122. (Code 1981, §535.05;Ord.No. 23-96, §5, 12-3-96; Ord. No. 09-2013, § 2, 8-20-13) Sec. 78-129. Cost of living increase. Any user of the services of the sewer system shall pay a sewer impact fee as established in section 78-121. The schedule of fees is subject to Neil)revision annually as may be necessary to keep the cost commensurate with changes in the cost of living as reflected by the Consumer Price Index or because of any regulatory or environmental fac- tors which increase the costs of sewage collection, transmission and treatment.All revisions shall be done by resolution and shall become effective as of May 1 of each year.The basis of such rate increase shall be the Consumer Price Index U.S. city average, "all items" (82-84-100), published by the Bureau of Labor Statistics of the United States Department of Labor. The index number for the month of February 1991 shall be the base index number and the corresponding index number for the month of February in each succeeding year j Supp.No. 22 CD78:22 4 l i 1 UTILITIES § 78-400 I by the facility, and such other reasonable hand in excess of current needs, the surplus requirements as may be necessary to ef- dollars will be invested consistent with any appli- fectuate the purposes of this subsection. cable investment policy established by the city council. (c) No mitigation credit shall be applied for x service provided to property by a (2) The stormwater fees and charges paid in stormwater management facility con- accordance with this article shall not be used for # structed or maintained with public funds. general or other governmental or proprietary pur- However, a mitigation credit shall be ap- poses of the city, except to pay for the equitable plied for service provided to property by a share of the cost of accounting, management and regional stormwater management facility government thereof.Other than as described above, if the developer of the property provided a the stormwater fees and charges shall be used capital contribution to the regional facil- solely for the purposes stated in paragraph (1) of 1 ity in lieu of constructing on-site facilities. this section. (Ord. No. 06-2003, § 6, 2-18-03) (Ord. No. 06-2003, § 8, 2-18-03) ) Secs. 78-302-78-324. Reserved. Secs. 78-327-78-399. Reserved. DIVISION 3. ADMINISTRATION DIVISION 4. ILLICIT DISCHARGE AND . i CONNECTION Sec. 78-325. Program responsibility. It shall be the duty of the stormwater utility Sec. 78-400. Short title: Purpose and objec- director to administer the stormwater utility sys- tives. tem created by this article. The stormwater util- This division shall be known and may be cited ity director shall keep an accurate record of all as "the City of Cape Canaveral Illicit Discharge 4 persons using the services and facilities of said Ordinance" ("IDO"). The purpose of this division i stormwater management system of the city and is to provide for the health, safety, and general , to make changes in accordance with the rates and welfare of the citizens of the City of Cape Canav- changes established in this article. eral through the regulation of non-stormwater (Ord. No. 06 2003, § 7, 2-18-03) discharges to the storm drainage system to the maximum extent practicable as required by fed- ,. Sec. 78-326. Stormwater management util- eral and state law.This division establishes meth- ity enterprise fund. ods for controlling the introduction of pollutants into the Municipal Separate Storm Sewer System (1) All stormwater fees collected by the city ("MS4") in order to comply with requirements of °I shall be paid into an enterprise fund which is the National Pollutant Discharge Elimination Sys- ; hereby created, to be known as the "stormwater tern ("NPDES") permit process. The objectives of management fund". Such fund shall be used for this division are: the purpose of paying the costs of operation, 1 administration and maintenance of the stormwater 1. To regulate the contribution of pollutants drainage facilities of the city and to carry out all to the MS4 by stormwater discharges by 1 other purposes of the stormwater utility. To the any user; extent that the stormwater management 2. To prohibit illicit connections and dis- stormwater stormwater fees collected are insufficient to con- R charges to the MS4: and struct the needed stormwater drainage facilities, the cost of the same may be paid from such city 3. To establish legal authority to carry out fund as may be determined by the city council, all inspection, surveillance and monitor- but the city council may order the reimbursement ing procedures necessary to ensure com- of such fund if additional fees are thereafter pliance with this division. 4 collected. When the fund has surplus dollars on (Ord. No. 07-2013, § 2, 6-18-13) 1 Supp.No. 22 CD78:35 i a § 78-401 CAPE CANAVERAL CODE Sec. 78-401. Authorized enforcement agency. Illicit connection is defined as either of the following: (1) Any drain or conveyance, whether It shall be the duty of the stormwater utility on the surface or subsurface, which allows an director or designee to administer and enforce the illegal discharge to enter the storm drain system pollution prevention methods established by this including, but not limited to, any conveyances division. which allow any non-stormwater discharge includ- (Ord. No. 07-2013, § 2, 6-18-13) ing sewage, process wastewater and wash water to enter the storm drain system and any connec- Sec. 78-402. Definitions. tions to the storm drain system from indoor For purposes of this division, the following drains and sinks,regardless of whether said drain terms,phrases,words and their derivations shall or connection had been previously allowed, per have the meaning given herein: mitted or approved by the stormwater utility director or designee or (2) Any drain or convey- Best Management Practices (BMPs) include ance connected from a commercial or industrial schedules of activities, prohibitions of practices, land use to the storm drain system which has not general good housekeeping practices, pollution been documented in plans, maps or equivalent prevention and educational practices, mainte- records and approved by the stormwater utility nance procedures and other management prac- director or designee. tices to prevent or reduce the discharge of pollut- ants directly or indirectly to stormwater,receiving Industrial activity means activities subject to waters or stormwater conveyance systems. BMPs NPDES Industrial Permits as defined in 40 CFR, also include treatment practices,operating proce- Section 122.26(b)(14). dures and practices to control site runoff, spillage National Pollutant Discharge Elimination Sys or leaks, sludge/water disposal or drainage from tem(NPDES)Stormwater Discharge Permit means raw materials storage. a ermit issued by (or P y EPA (o by a state under Clean Water Act means the federal Water Pol- authority delegated pursuant to 33 USC§ 1342(b)) lution Control Act (33 U.S.C. § 1251 et seq.) and that authorizes the discharge of pollutants to any subsequent amendments thereto. waters of the United States, whether the permit is applicable on an individual, group or general Construction activity means activities subject area-wide basis. to the requirements of NPDES Construction Per- mits. Currently these include construction proj- Non-stormwater discharge means any dis- ects resulting in land disturbance of one acre or charge to the storm drain system that is not more. Such activities include, but are not limited composed entirely of stormwater. to, clearing and grubbing, grading, excavating and demolition. Person means any individual, association, or- ganization,partnership,firm,corporation or other Hazardous materials means any material, in- entity recognized by law and acting as either the eluding any substance, waste or combination owner or as the owner's agent. thereof, which because of its quantity, concentra- tion or physical, chemical or infectious character- istics may cause, or significantly contribute to, a tributes to pollution. Pollutants may include, but substantial present or potential hazard to human are not limited to: paints,varnishes and solvents; health, safety, property or the environment when oil and other automotive fluids; non hazardous improperly treated, stored, transported, disposed liquid and solid wastes and yard wastes: refuse, rubbish, garbage, litter or other discarded or of or otherwise managed. abandoned objects, ordinances and accumula- Illicit discharge means any direct or indirect tions so that same may cause or contribute to non-stormwater discharge to the storm drain sys- pollution; floatables; pesticides, herbicides and tern. except as exempted in section 78-406 of this fertilizers;hazardous substances and wastes:sew- division. age, fecal coliform and pathogens; dissolved and Supp.No. 22 CD78:36 1 1. I j UTILITIES § 78-406 particulate metals; animal wastes; wastes and oped and undeveloped lands unless explicitly ex- residues that result from constructing a building empted by this division or the stormwater utility or structure; and noxious or offensive matter of director or designee. any kind. (Ord. No. 07-2013, § 2, 6-18-13) Premises means any building, lot, parcel of Sec. 78-404. Responsibility for administra- land or portion of land, whether improved or tion. unimproved, including adjacent sidewalks and parking strips. The stormwater utility director or designee shall administer, implement and enforce the pro- Receiving bodies of water means any water visions of this division. Any powers granted or , bodies, watercourses and wetlands into which duties imposed upon the stormwater utility direc- surface waters flow, including, but not limited to, tor or designee may be delegated in writing by the ponds, lakes, rivers, and streams. city manager to persons or entities acting in the beneficial interest of or in the employ of the city. Storm drainage system means any publicly- (Ord. No. 07-2013, § 2, 6-18-13) owned facility by which stormwater is collected $ and/or conveyed including,but not limited to, any Sec. 78-405. Ultimate responsibility. -roads with drainage systems, municipal streets, } gutters, curbs, inlets, piped storm drains, pump- The standards set forth herein and promul- ing facilities,retention and detention basins,nat- gated pursuant to this division are minimum ural and human-made or altered drainage chan- standards;therefore,this division does not intend nels, reservoirs and other drainage structures. nor imply that compliance by any person will ensure that there will be no contamination, pol- Stormwater means the flow of water which lution nor unauthorized discharge of pollutants. results from, and which occurs immediately fol- (Ord. No. 07-2013, § 2, 6-18-13) 1 lowing, a rainfall event. 1 1 Stormwater pollution prevention plan(SWPPP) Sec. 78-406. Discharge prohibitions. is a document which describes the Best Manage- (a) Prohibition of illegal discharges. No person ment Practices and activities to be implemented shall discharge or cause to be discharged into the by a person or business to identify sources of municipal storm drain system. watercourses or pollution or contamination at a site and the any receiving bodies of water any materials, in- ' actions to eliminate or reduce pollutant dis- cluding but not limited to, pollutants or waters charges to stormwater, stormwater conveyance containing any pollutants that cause or contrib- systems and/or receiving waters to the maximum ute to a violation of applicable water quality extent practicable. standards,other than stormwater.The commence- ment, conduct or continuance of any illegal dis- 1 Stormwater utility director means the city's charge to the storm drain system is prohibited stormwater utility director or such person's des- except as described as follows: 1 ignee or such other person designated by the city 1 x manager. 1. The following discharges are exempt from discharge prohibitions established by this Wastewater means any water or other liquid, division: water line flushing or other po- other than uncontaminated stormwater, dis- table water sources, landscape irrigation charged from a facility. or lawn watering, diverted stream flows, 1 (Ord. No. 07-2013, § 2, 6-18-13) rising ground water, ground water infil- tration to storm drains, uncontaminated Sec. 78-403. Applicability. pumped ground water,foundation or foot- ing drains (not including active ground- This division shall apply to all water entering water dewatering systems), crawl space the storm drain system generated on any devel- pumps, air conditioning condensation, Supp.No. 22 CD78:37 1 1 § 78-406 CAPE CANAVERAL CODE springs, non-commercial washing of vehi- suspension is necessary to stop an actual or Iles, natural riparian habitat or wetland threatened discharge which presents or may pres- flows, swimming pools (if dechlorinated— ent imminent and substantial danger to the en- typically less than one ppm chlorine), vironment, or to the health or welfare of persons firefighting activities and any other water or to the MS4 or waters of the United States. If source not containing pollutants. the violator fails to comply with a suspension 2. Discharges specified in writing by the order issued in an emergency, the stormwater stormwater utility director as being nec utility director may take such steps as deemed essary to protect public health and safety. necessary to prevent or minimize damage to the MS4 or waters of the United States or to minimize 3. Dye testing is an allowable discharge,but danger to persons. requires a verbal notification to the stormwater utility director or designee (b) Suspension due to the detection of illicit prior to the time of the test. discharge. Any person discharging to the MS4 in violation of this division may have their MS4 4. The prohibition shall not apply to any access terminated if such termination would abate non-stormwater discharge permitted un- or reduce an illicit discharge. The stormwater der an NPDES permit, waiver or waste utility director or designee will notify a violator of discharge order issued to the discharger the proposed termination of its MS4 access. The and administered under the authority of violator may petition the stormwater utility direc- the EPA, provided that the discharger is tor or designee for a reconsideration and hearing. in full compliance with all requirements of the permit, waiver or order and other (c) A person commits an offense if the person applicable laws and regulations, and pro- reinstates MS4 access to premises terminated vided that written approval has been pursuant to this section, without the prior ap granted for any discharge to the storm proval of the stormwater utility director or desig- drain system. nee. (Ord. No. 07-2013, § 2, 6-18-13) (b) Prohibition of illicit connections. Sec. 78-408. Industrial or construction activ- 1. The construction, use, maintenance or continued existence of illicit connections ity discharges. to the storm drain system is prohibited. Any person subject to an industrial or construc- 2. This prohibition expressly includes,with tion activity NPDES stormwater discharge per out limitation, illicit connections made in mit shall comply with all provisions of such per the past, regardless of whether the con- mit. Proof of compliance with said permit may be required in a form acceptable to the stormwater nection was permissible under law or prac tices applicable or prevailing at the time utility director or designee prior to the allowing of of connection. discharges to the MS4. (Ord. No. 07-2013, § 2, 6-18-13) 3. A person is considered to be in violation of this division if the person connects a line Sec. 78-409. Monitoring of discharges. conveying sewage to the MS4 or allows such a connection to continue. (a) Applicability. This section applies to all (Ord. No. 07-2013, § 2, 6-18-13) facilities that have stormwater discharges associ- ated with industrial activity, including construc- Sec. 78-407. Suspension of MS4 access. tion activity. (a) Suspension due to illicit discharges in emer (b) Access to facilities. gency situations. The stormwater utility director 1. The stormwater utility director or desig- or designee may. without prior notice, suspend nee shall be permitted to enter and in- MS4 discharge access to a person when such spect facilities subject to regulation under Supp.No. 22 CD78:38 a 4 8 UTILITIES § 78-410 1 this division as often as may be necessary of a facility with a NPDES permit to to determine compliance with this divi- discharge stormwater associated with in- sion. If a discharger has security mea- dustrial activity commits an offense if the sures in force which require proper iden- person denies the stormwater utility di- , tification and clearance before entry into rector or designee reasonable access to 1 its premises, the discharger shall make the permitted facility for the purpose of the necessary arrangements to allow ac- conducting any activity authorized or re- t cess to the stormwater utility director or quired by this division. designee. 7. If the stormwater utility director or des- 2. Facility operators shall allow the ignee has been refused access to any part stormwater utility director or designee of the premises from which stormwater is ready access to all parts of the premises discharged, and he/she is able to demon- J for the purposes of inspection, sampling, strate probable cause to believe that there ' examination and copying of records that may be a violation of this division,or that must be kept under the conditions of a there is a need to inspect and/or sample as NPDES permit to discharge stormwater, part of a routine inspection and sampling 1 and the performance of any additional program designed to verify compliance duties as defined by state and federal law. with this division or any order issued 3. The stormwater utility director or desig- hereunder, or to protect the overall public I nee shall have the right to set up on any health, safety and welfare of the commu 1 permitted facility such devices as are nec nit then then the stormwater utility director essary in the opinion of the stormwater or designee may seek issuance of an in- utility director or designee to conduct spection warrant from any court of com 1 monitoring and/or sampling of the facility's petent jurisdiction. s stormwater discharge. (Ord. No. 07-2013, § 2, 6-18-13) # 4. The stormwater utility director or desig- Y g- Sec. 78-410. Requirements to prevent, con- 1 nee has the right to require the dis- trol,and reduce stormwater pol- charger to install monitoring equipment lutants by the use of BMPs. as necessary. The facility's sampling and monitoring equipment shall be main- The City of Cape Canaveral will adopt require- ' tained at all times in a safe and proper ments identifying BMPs for any activity, opera- operating condition by the discharger at tion or facility which may cause or contribute to q its own expense.All devices used to mea- pollution or contamination of stormwater, the sure stormwater flow and quality shall be storm drain system or waters of the U.S. The calibrated to ensure their accuracy. owner or operator of a commercial or industrial establishment shall provide, at their own ex- 5. Any temporary or permanent obstruction pense, reasonable protection from accidental dis- to safe and easy access to the facility to be charge of prohibited materials or other wastes inspected and/or sampled shall be promptly into the MS4 or watercourses through the use of removed by the operator at the written or these structural and non-structural BMPs. Fur- oral request of the stormwater utility di ther, any person responsible for a property or rector or designee and shall not be re- premise, which is, or may be, the source of an placed. The costs of clearing such access illicit discharge,may be required to implement,at shall be borne by the operator. said person's expense, additional structural and 6. Unreasonable delays in allowing the non-structural BMPs to prevent the further dis- stormwater utility director or designee charge of pollutants to the MS4. Compliance with access to a permitted facility is a violation all terms and conditions of a valid NPDES permit of a stormwater discharge permit and of authorizing the discharge of stormwater associ- this division.A person who is the operator ated with industrial activity, to the extent practi- z I 1 Supp. No. 22 CD78:39 i §78-410 CAPE CANAVERAL CODE cable, shall be deemed in compliance with the charge and the actions taken to prevent its recur- provisions of this section. These BMPs shall be rence. Such records shall be retained for at least part of a SWPPP as necessary for compliance with three years. requirements of the NPDES permit. (Ord. No. 07-2013, § 2, 6-18-13) (Ord. No. 07-2013, § 2, 6-18-13) Sec. 78-413. Enforcement. Sec. 78-411. Watercourse protection. The code enforcement board shall have juris- diction to hear and decide alleged violations of Every person owning property through which a this division. Each day of violation shall consti- watercourse passes, or such person's lessee, shall tute a separate violation. keep and maintain that part of the watercourse (Ord. No. 07-2013, § 2, 6-18-13) within the property free of trash,debris,excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a water- course, so that such structures will not become a hazard to the use,function or physical integrity of the watercourse. (Ord. No. 07-2013, § 2, 6-18-13) Sec. 78-412. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater,the storm drain system or water of the U.S., said person shall take all necessary steps to ensure the dis- covery, containment and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the stormwater utility director in person or by telephone or facsimile within 24 hours. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the stormwater utility director or designee within 72 hours of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the dis- Supp.No. 22 CD78:40 I I Ce Chapter 90 FLOODS* Article I. In General Secs. 90-1-90-25. Reserved. z s 1 = Article II. Flood Damage Prevention 1 Division 1. Generally Sec. 90-26. Definitions. Sec. 90-27. Findings of fact. Sec. 90-28. Statement of purpose. Sec. 90-29. Objectives. a Sec. 90-30. Lands to which article applies. Sec. 90-31. Basis for establishing areas of special flood hazard. z Sec. 90-32. Compliance. Sec. 90-33. Abrogation and greater restrictions. Sec. 90-34. Interpretation. 1. Sec. 90-35. Warning and disclaimer of liability. Sec. 90-36. Penalties for violation. 3 Secs. 90-37-90-45. Reserved. 16111, Division 2. Administration 1 Sec. 90-46. Designation of administrator. ' Sec. 90-47. Duties and responsibilities of administrator. Sec. 90-48. Establishment of development permit. Sec. 90-49. Permit procedures. Sec. 90-50. Variance procedures. '' Secs. 90-51-90-60. Reserved. Division 3. Flood Hazard Reduction Sec. 90-61. General standards. Sec. 90-62. Standards for residential construction, nonresidential construc- tion and elevated buildings. Sec. 90-63. Standards for manufactured homes and recreational vehicles. . Sec. 90-64. Floodways. Sec. 90-65. Coastal high hazard areas(V zones). Sec. 90-66. Standards for streams without established base flood elevation and floodways. Sec. 90-67. Standards for subdivision proposals. Sec. 90-68. Standards for areas of shallow flooding(AO)zones. 1 Secs. 90-69-90-90. Reserved. Article III. Floodplain Protection Sec. 90-91. Definitions. Sec. 90-92. Purpose and intent. Sec. 90-93. Development in designated floodplains. I Sec. 90-94. Prohibited uses. Secs. 90-95-90-115. Reserved. *Cross references-Planning,ch. 58;subdivisions,ch. 98;waterways,ch. 106; zoning regulations,ch. 110. 1 i Supp.No. 22 CD90:1 CAPE CANAVERAL CODE Article IV. Stormwater Management Division 1. Generally Sec. 90-116. Definitions. Sec. 90-117. Purpose and intent. Sec. 90-118. Relationship to other stormwater management requirements. Sec. 90-119. Status of previous approvals. Sec. 90-120. Enforcement and penalties. Sec. 90-121. Variances. Secs. 90-122-90-130. Reserved. Division 2. Permit Sec. 90-131. Required. Sec. 90-132. Exemptions. Sec. 90-133. Application-Plan required. Sec. 90-134. Same-Information required. Secs. 90-135-90-145. Reserved. Division 3. Performance Standards Sec. 90-146. Computations. Sec. 90-147. Rainfall intensity. Sec. 90-148. Water quantity requirements. Sec. 90-149. Water quality requirements. Secs. 90-150-90-160. Reserved. Division 4. Design Standards Sec. 90-161. Conformance to standards. Sec. 90-162. Detention and retention systems. Sec. 90-163. Best management practices. Sec. 90-164. Compliance with county or city stormwater management master plan. Sec. 90-165. Directing runoff. Sec. 90-166. Configurations creating stagnant water conditions. Sec. 90-167. Accommodation of stormwaters on-site and off-site. Sec. 90-168. Proper functioning. Sec. 90-169. Certification. Sec. 90-170. Surface water channeled into sanitary sewer. Sec. 90-171. Compatibility with adjacent drainage systems. Sec. 90-172. Banks of detention and retention areas. Sec. 90-173. Alteration of natural surface waters. Sec. 90-174. Configuration of shoreline of detention and retention areas. Sec. 90-175. Natural surface waters used as sediment traps. Sec. 90-176. Water reuse and conservation. Sec. 90-177. Native vegetation buffers. Sec. 90-178. Phased developments. Sec. 90-179. Notification of discharge volumes. Sec. 90-180. Construction methods and materials. Sec. 90-181. Control elevation. Secs. 90-182-90-190. Reserved. Division 5. Maintenance Sec. 90-191. Dedication. Sec. 90-192. Maintenance by approved entity. Sec. 90-193. Plan for operation and maintenance program. Sec. 90-194. Failure to maintain. Supp.No. 22 CD90:2 FLOODS Sec. 90-195. Inspections. Secs. 90-196-90-199. Reserved. a i Article V. Construction Site Stormwater Runoff Control Sec. 90-200. Definitions. Sec. 90-201. Permits. Sec. 90-202. Review and approval. Sec. 90-203. Erosion and sediment control plan. Sec. 90-204. Design requirements. Sec. 90-205. Inspection. Sec. 90-206. Enforcement,inspections and penalties. Sec. 90-207. Emergency exemption. gg, g4, x ! } Supp.No. 22 CD90:2.1 { { This page is intentionally left blank J I i FLOODS §90-131 vide access to the water body and allow for Sec. 90-118. Relationship to other periodic flooding without damage to structures. stormwater management re- quirements. Water detention facility means a stormwater management facility which provides for the de- In addition to meeting the requirements of this laying of stormwater runoff. article the design and performance of all stormwater management systems shall comply } Water retention facility means a stormwater with applicable state regulations (chapter 17-25, management facility which, through percolation, Florida Administrative Code) and rules of the St. evaporation or evapotranspiration, prevents di- Johns River Water Management District. In all rect discharge of stormwater runoff into receiving cases the strictest of applicable standards shall waters. apply. Watercourse means any natural or artificial (Code 1981, § 664.05) stream, creek, slough, channel, ditch, canal, wa- Sec.terway,gully, or wash in which water flows Sec. 90-119. Status of previous approvals. , y� in a definite direction and which has a definite Projects with unexpired development plans or y physical channel, bed or banks. development orders which were approved prior to Wet detention means a stormwater manage- the effective date of the ordinance from which this section is derived are not subject to this article; ment system that includes a permanent water they must meet only those stormwater require- pool, a shallow littoral zone with aquatic plants ments in effect at the time of project approval. and capacity to provide detention for the extended (Code 1981, § 664.07) time needed to treat the required volume. Wet season water table means the groundwater Sec. 90-120. Enforcement and penalties. i level during the time of year when the greatest This division shall be enforced pursuant to amount of rainfall occurs. section 90-206 of this Code. Wetlands means those areas saturated by sur- (Code 1981, § 664.21; Ord. No. 08-2013, § 2, face water or groundwater at a frequency and 7-16-13) duration sufficient to support a dominance of vegetation adapted for saturated soil conditions Sec. 90-121. Variances. as specified in the rules of the state department of Upon request by any person required to obtain environmental protection, chapter 17-3022. a permit under this article and where it may be # (Code 1981, § 664.03) shown that an increase or decrease in the rate, e Cross reference—Definitions and rules of construction '} volume and quality of surface runoff shall not be generally,§ 1-2. harmful to the water resources of the city, the x Sec. 90-117. Purpose and intent. zoning board of adjustment may grant or deny a variance to this article as provided in section ! This article addresses stormwater manage- 110-62.City staff shall make recommendations on ment in order to protect, maintain and enhance such matters within 30 days of notification. the health, safety and general welfare of the (Code 1981, § 664.23) J citizens of the city. The intent of this article is to protect surface water, groundwater and other Secs. 90-122-90-130. Reserved. natural resources by ensuring that stormwater runoff peak discharge rates, volumes and pollut- DIVISION 2. PERMIT ant loadings are no greater after development than before and that precautions are taken to Sec. 90-131. Required. prevent erosion sedimentation, flooding and wa- ter pollution. No person may subdivide or make any changes 1 (Code 1981, § 664.01) in the use of land or build or rebuild a structure or Supp.No. 22 CD90:19 §90-131 CAPE CANAVERAL,CODE change its size, except as exempt in section 90- (3) Single-family and duplex homes in a sub- 132, without first obtaining a site development division which has an approved stormwater permit from the city building department as pro- management system. However, this does vided in this Code. Since the following activities not exempt such sites from the retrofit- may alter or disrupt existing stormwater runoff ting requirements in an approved retro- patterns, they shall, unless exempt pursuant to fitting target area. section 90-132, require the issuance of a site development permit prior to onset by paying a fee (4) Any development within a subdivision if as set forth in appendix B to this Code: all of the following conditions are met: (1) Clearance or drainage of land. a. Stormwater management provisions for the subdivision were previously (2) Conversion of land use from agricultural approved by the city and remain to nonagricultural. valid as part of a final plat. (3) Conversion from one agricultural use to b. The development is conducted in corn- another. plete accord with the stormwater (4) Land subdivision. management provisions submitted (5) Replats of recorded subdivisions, and de- velopment the final plat. velopment of recorded and unrecorded. (5) Bona fide agricultural pursuits, for which (6) Changing a land use,building a structure a program of best management practices or changing the size of a structure. has been approved and accordingly imple- mented by the local soil and water conser- (7) Alteration of the shoreline or banks of a vation district or the St. Johns River surface water body. Water Management District. (8) Alteration of ditches, terraces, berms, (6) Emergency exemptions in accordance with swales or other stormwater management section 90-207. facilities. (Code 1981, § 664.11; Ord. No. 08-2013, § 2, (9) Increasing the impervious area of any 7-16-13) unit of land. (10) Moving of earth from or on any unit of Sec. 90-133. Application—Plan required. land. An application for a stormwater permit shall (11) Permanent lowering of a water table. contain a development plan with sufficient infor- (Code 1981, § 664.09; Ord. No. 08-2013, § 2, mation to allow the city engineer to determine 7-16-13) whether the development plan meets the require- ments of this article. Information may be in the Sec. 90-132. Exemptions. form of construction plans, maps, graphs, charts, tables, photographs, narrative or supporting ref- The following activities shall be exempt from erences, as appropriate. the permitting requirements of section 90-131: (Code 1981, § 664.17(A)) (1) Maintenance performed on existing mos- quito control drainage structures, pro- Sec. 90-134. Same—Information required. vided that it does not increase the peak discharge rate or pollution load. The following information shall be submitted as part of the development plan or application for (2) Maintenance of stormwater structures a stormwater permit: which does not change the design peak discharge rate,volume or pollution load of (1) A recent aerial photograph taken not more runoff;on-site storage capacity;or erosion than three years before the date of appli- from the site. cation,which encompasses the project area Supp. No.22 CD90:20 I FLOODS §90-134 1 i and all land areas that contribute to the plementation and maintenance provi- runoff flow.The scale shall not exceed one sions in accordance with article V of this inch equals 2,000 feet. chapter. } (2) A topographic map of the site clearly (13) The description, assumptions and calcu- showing the location, identification and lations of the proposed stormwater man- I elevation of benchmarks,including at least agement system, including: one benchmark for each major water con- , a. Channel,direction,flow rate and vol- trol structure.Unless otherwise approved ume of stormwater inputs and out- ; by the city engineer, the minimum con- ; puts for the site, with a comparison tour interval of the topography map shall to natural or existing conditions. be one foot. The map shall be signed and 1 '' sealed by a registered surveyor. b. Detention and retention areas, indi- cating wet or dry,including plans for (3) A detailed overall project area map show- the discharge of contained waters, ! ing existing hydrography and runoff pat- maintenance plans and predictions I terns and the size, location, topography € of surface water quality changes. ! w and land use of any offsite areas that drain onto or from the project area. The c. Areas of the site to be used or re ( scale shall not exceed one inch equals 200 served for percolation, including an feet and shall be prepared on a 24-inch by assessment of the impact on ground- feet 3 water quality. 6-inch sheet. 1 d. Location of all water bodies to be (4) A current land use map. included in the surface water man- (5) A soils map of the site. agement system (natural and artifi- cial)with details of hydrography,side (6) Specify the seasonal high-water table and slopes, depths, cross sections and low-water table elevations. water surface elevations and (7) A map of vegetative cover,including adja- hydrographs. cent wetlands. e. Any offsite easements required for the proper functioning of the system. (8) A map showing the location of all soil borings or percolation tests. Percolation f. Identify drainage basin or water tests shall be conducted if the stormwater shed boundaries and show where " management system will use swales, per offsite waters are routed onto or colation filtration or exfiltration designs. around the project. g. Right-of-way and easements for the (9) A map showing the flood hazard classifi- cation of the project site and its immedi statement of the nature of the reser ate environs. vation for all areas to be reserved. r (10) Grading plans specifically including pe- h. The location of offsite water resource rimeter grading. facilities,such as surface water man- agement systems or wells that might (11) Paving, road and building plans showing be affected by the proposed project, the location, dimensions and specifica- tions of roads and buildings, including showing the names and addresses of elevations. the owners of the facilities. (14) Storm sewer tabulations, including but (12) An erosion and sedimentation control plan not limited to the following: that describes the type and location of control measures, the timing of their im- a. Locations and types of structures. 1 Supp.No. 22 CD90:21 §90-134 CAPE CANAVERAL CODE „gm) b. Types, diameters, slope and lengths of line. c. Drainage sub areas tributary to each structure. d. Runoff coefficient per sub area. e. Time of concentration to structure. f. Hydraulic gradient for the 25-year frequency storm event. g. Estimated receiving water(tailwater) elevations, with sources of informa- tion, if available. (Code 1981, § 664.17(B); Ord. No. 08-2013, § 2, 7-16-13) Secs. 90-135--90-145. Reserved. DIVISION 3. PERFORMANCE STANDARDS Sec. 90-146. Computations. Computations for stormwater management should consider the duration, frequency and in- tensity of rainfall, wet season water table, ante- cedent moisture conditions, soil type and surface storage, time of concentration, tailwater condi- tions, changes in land use or land cover and any changes in topography and hydraulic characteris- tics. Large systems should be divided into sub- basins according to artificial or natural drainage divides to allow for more accurate hydraulic sim- ulations. Examples of acceptable methodologies for computation of runoff hydrograph are: Santa Barbara Urban Hydrograph Method; Soil Conser- vation Service Curve Number and Unit Hydrograph (TR-20 and TR-55); and U.S. Army Corps of Engineers HEC-1 Computer Program. The meth- odology to be used for computation of runoff for water quality requirements is the rational method. (Code 1981, § 664.13) Sec. 90-147. Rainfall intensity. In determining peak stormwater discharge rates, intensity of rainfall values shall be obtained J Supp. No. 22 CD90:22 ) FLOODS §90-194 ? through(4)of this section will accept (2) In phased developments with an inte- `' the operation and maintenance of grated stormwater management system the system at a time certain in the that employs independent operation and 1 future; and/or maintenance entities for different phases, b. Submission of a bond or other assur- such entities,either individually or collec- t' ance of continued financial capabil- tively, shall have the responsibility and ity to operate and maintain the sys- authority to serve the entire project. That authority shall include cross easements tern. for stormwater management, as well as (6) For-profit or nonprofit corporations, in- the authority and ability of each entity to cluding homeowners associations, prop- enter and maintain any facility should erty owners associations, condominium any other entity fail to maintain any owners associations or master associa- portion of the system. tions, but only if: ( a. The owner or developer submits doc- (c) Applicant as acceptable entity. The appli- 1 uments constituting legal capacity cant shall be an acceptable entity with responsi- and a binding legal obligation be- bility for the operation and maintenance of the tween the entity and the city to system from the onset of construction until the I affirmatively take responsibility for system is dedicated to and accepted by another the operation and maintenance of acceptable entity. the stormwater management facil- (Code 1981, § 664.19(B)) ity. b. The association has sufficient pow Sec. 90-193. Plan for operation and mainte- ers to: nance program. 1. Operate and maintain the sys- tem as permitted by the city. The acceptable entity must provide a plan for 2. Establish rules and regulations. the operation and maintenance of the stormwater $ 3. Assess members. management system to the city building official 3 4. Contract for services. every five years. The entity must also provide, prior to approval, legally binding written docu- 5. Exist perpetually, with the ar- mentation stating that the entity accepts the tides of incorporation provid- operation and maintenance duties for all ing that if the association is stormwater management systems for which the dissolved, the system will be entity is responsible. maintained by an entity as set (Code 1981, § 664.19(C)) forth in subsections (a)(1) through (4) of this section. 6. Provide a bond or other assur- Sec. 90-194. Failure to maintain. i ance of continued financial ca- pacity to operate and maintain If the responsible operation and maintenance the system. entity fails to maintain a stormwater manage- (b) Phased projects. ment system, the city building official shall give the entity written notice that corrective action (1) If a project will be phased and subsequent should be taken. If the entity fails,within 30 days phases will use the same stormwater man- from the date of the notice, to take the corrective agement facilities as the first phases, the action, the city may elect to take the necessary operation and maintenance entity shall corrective action and place a lien against the have the ability to handle the future property to recover the cost thereof. l phases. (Code 1981, § 664.19(D)) Supp.No. 22 CD90:27 1 §90-195 CAPE CANAVERAL CODE Sec. 90-195. Inspections. Drainage way means any channel that conveys The applicant shall arrange with the building surface runoff throughout the site. official to schedule the following inspections of the Erosion control means a measure that prevents stormwater management system: erosion. (1) Erosion and sediment control inspection. This inspection shall be conducted as Erosion and sediment control plan means a set deemed necessary by the city during and of plans prepared by or under the direction of a after construction to ensure effective con- licensed professional engineer indicating the spe- trol of erosion and sedimentation. Control cific measures and sequencing to be used to con- measures shall be installed and stabilized trol sediment and erosion on a development site between any waters and any areas pro during and after construction. posed to be cleared prior to any land Grading means excavation or fill of material, clearing activity. including the resulting conditions thereof. (2) Bury inspections. This inspection shall be Land disturbing activity means activity associ- conducted when all work on the stormwater management system facilities has been ated with construction including, but not limited completed.A record drawing of the system to,land preparation such as clearing,grading and is required with sufficient information to filling;installation of streets and walkways; exca show that the system is built in actor vation for basements, footings, piers or founda- dance with the approved site plan and tions; erection of temporary forms; and installa- construction drawings as certified by a tion of accessory buildings such as garages. registered state professional engineer.The Perimeter control means a barrier that pre- inspecting official shall either approve the vents sediment from leaving a site by filtering Nisi)work or disapprove it, in which case he sediment laden runoff or diverting it to a sedi- shall give written notification to the ap- ment trap or basin. plicant indicating the nature of any defi- ciencies. Any portion of the work which Phasing means clearing a parcel of land in does not comply shall be corrected by the distinct phases, with the stabilization of each permittee within the timeframe deemed phase completed before the clearing of the next. reasonable by the city building official. Any failure to comply shall be subject to Sediment control means measures that prevent the penalty of section 90-120. A fee for eroded sediment from leaving the site. inspections shall be as set forth in appen- Site means a parcel of land or a contiguous dix B to this Code. combination thereof, where grading work is per- (Code 1981, § 664.19(E)) formed as a single unified operation. Secs. 90-196-90-199. Reserved. Site development permit means a permit issued by the City of Cape Canaveral for the construction ARTICLE V. CONSTRUCTION SITE or alteration of ground improvements and struc- STORMWATER RUNOFF CONTROL for the control of erosion, runoff and grad- ing. Sec. 90-200. Definitions. Stabilization means the use of practices that The following words, terms and phrases, when prevent exposed soil from eroding. used in this article, shall have the meanings Start of construction means the first land- ascribed to them in this section, except where the disturbing activity associated with a develop- context clearly indicates a different meaning: ment, including land preparation such as clear- Clearing means the removal of vegetation from ing,grading and filling;installation of streets and land, not including the mowing of grass. walkways; excavation for basements, footings, Supp.No. 22 CD90:28 i I a FLOODS §90-203 piers or foundations;erection of temporary forms; costs of improvements,landscaping,maintenance and installation of accessory buildings such as of improvements for such period as specified by garages. the city and engineering and inspection costs to cover the cost of failure or repair of improvements Watercourse means natural or artificial stream, installed on the site. creek, slough, channel, ditch, canal, waterway, (Ord. No. 08 2013, § 2, 7-16-13) gully, ravine or wash in which water flows in a definite direction and which has a definite physi- cal channel, bed or banks. Sec. 90-202. Review and approval. An erosion and sediment control plan shall be YWaterway means a channel that directs surface reviewed and either approved or disapproved by runoff to a watercourse or to the public storm drain. (i) the building official or designee for land- disturbing activity that would otherwise require Waste control means measures that prevent any permit to be obtained through the city or(ii) construction site waste from leaving the site. the city engineer for all other land-disturbing F (Ord. No. 08-2013, § 2, 7-16-13) activity that does not otherwise require a permit 4 to be obtained through the city. Sec. 90-201. Permits. (Ord. No. 08-2013, § 2, 7-16-13) i ' (a) A site development permit is required for Sec. 90-203. Erosion and sediment control land-disturbing activity that would require the plan. clearing of at least one acre of land. No site development permit shall be issued without the (a) The erosion and sediment control plan shall I approval of an erosion and sediment control plan include the following: t by the city as required by section 90-203. (1) A natural resources map identifying soils, (b) No site development permit is required for forest cover and resources protected un- f the following activities: der other chapters of this code. , 1 (1) Any emergency activity that is immedi- (2) A sequence of construction of the develop- ately necessary for the protection of life, ment site, including stripping and clear- 1 property or natural resources. ing; rough grading; construction of utili- ties, infrastructure and buildings; and (2) Existing nursery and agricultural opera- final grading and landscaping. Sequent I . tions conducted as a permitted main or I accessory use. ing shall identify the expected date on which clearing will begin, the estimated (c) Each application shall bear the name(s) duration of exposure of cleared areas, and address(es) of the owner(s) or developer(s) of areas of clearing, installation of tempo- 4 the site, and of any consulting firm retained by rary erosion and sediment control mea- q the applicant, together with the name of the sures, and establishment of permanent applicant's principal contact at such firm, and vegetation. shall be accompanied by a filing fee. (3) All erosion and sediment control mea- { (d) Each application shall include a statement sures necessary to meet the objectives of that any land clearing, construction or develop- this article throughout all phases of con- ment involving the movement of earth shall be in struction and after completion of develop- 1 accordance with the erosion and sediment control ment of the site. Depending upon the plan. complexity of the project, the drafting of intermediate plans may be required. (e) The applicant may be required to file with the city a faithful performance bond, letter of (b) Modifications to the plan shall be processed credit or other improvement security in an amount and approved or disapproved in the same manner fi A4 deemed sufficient by the city engineer to cover all as set forth in section 90-202, and may be autho- 1 Supp. No. 22 CD90:29 §90-203 CAPE CANAVERAL CODE rized by the city by written authorization to the (4) Protection for adjacent properties by the permittee. Modification applications shall in- use of a vegetated buffer strip in combi- dude: nation with perimeter controls. (1) Major amendments of the erosion and (e) Waterway and watercourse protection re- sediment control plan submitted to the quirements shall include, but are not limited to, city as appropriate; and the following: (2) Field modifications of a minor nature. (1) Stabilization of the watercourse channel (Ord. No. 08-2013, § 2, 7-16-13) before, during and after any in-channel work; and Sec. 90-204. Design requirements. (2) Stabilization adequate to prevent erosion (a) Clearing and grading of natural resources, located at the outlets of all pipes and such as forests and wetlands, shall not be permit- paved channels. ted except when in compliance with all other chapters of this code. Clearing techniques that (f) Construction site access requirements shall retain natural vegetation and drainage patterns include, but are not limited to, the following: shall be used to the satisfaction of the city. (1) A temporary access road provided at all (b) Clearing, except that necessary to estab- sites; and lish sediment control devices, shall not begin (2) Other measures required by the city in until all sediment control devices have been in- order to ensure that sediment is not tracked stalled and have been stabilized. onto public streets by construction vehi- (c) Erosion control requirements shall include, cles or washed into storm drains. but are not limited to, the following: (g) Construction site waste control require- (1) Soil stabilization shall be completed as ments shall include, but are not limited to, the quickly as practical after clearing or inac following: tivity in construction; (1) Designation of a collection area on-site (2) If seeding or another vegetative erosion that does not receive a substantial amount control method is used, it shall become of runoff from upland areas and does not established as quickly as practical or the drain directly to a water body; city may require the site to be reseeded or (2) Provision of waste containers with lids a nonvegetative option employed; and that shall be covered during periods of (3) Techniques that divert upland runoff past rain; disturbed slopes shall be employed. (3) Scheduled waste collection to prevent waste (d) Sediment control requirements shall in- containers from overfilling; dude, but are not limited to, the following: (4) Provision of extra containers and more (1) Settling basins, sediment traps or tanks frequent waste pickups during the demo- and perimeter controls; lition phase of construction; and (2) Sediment barriers for any component of (5) Collection, removal and disposal of all the MS4 system located immediately out- construction site wastes at authorized dis- side of the perimeter of the site, such as, posal areas. for example, inlets, catch basins, grates, (Ord. No. 08-2013, § 2, 7-16-13) ditches or swales; Sec. 90-205. Inspection. (3) Settling basins that are designed in a manner that allows adaptation to provide (a) The city, as applicable pursuant to section long term stormwater management, if re- 90-203, shall make inspections as hereinafter quired by the city; and required and either shall approve that portion of Supp.No. 22 CD90:30 i FLOODS §90-207 the work completed or shall notify the permittee ment in such a manner as to materially wherein the work fails to comply with the erosion adversely affect the public health,welfare and sediment control plan as approved. Plans for or safety. grading, stripping, excavating and filling work (c) Code enforcement officer investigations.City bearing the approval of the city, as applicable, code enforcement officers shall be granted 3 shall be maintained at the site during the prog- access to inspect property for compliance ress of the work. To obtain inspections, the per- with this article. Violations of the terms mittee shall notify the city, as applicable, at least and conditions of a site development per one working day before the following: mit that are consistent with this article (1) Installation of sediment and erosion mea- shall also be deemed to be violations of sures; this article. Each day of violation shall constitute a separate violation. (2) Start of construction; (d) Civil citations. In addition to all other (3) Completion of site clearing; remedies, a person who has been deter- * mined to have violated a provision of this (4) Completion of rough grading; article may be subject to a civil citation as x (5) Completion of final grading; and specified in section 2-283 of this Code. (6) Completion of final landscaping. (e) Penalties. In addition to any other penalty authorized by this section, any person, (b) The permittee or his/her agent shall make partnership or corporation convicted of regular inspections of all control measures in violating any of the provisions of this accordance with the inspection schedule outlined article shall be required to bear the ex- on the approved erosion and sediment control pense of restoration, including but not plan(s).The purpose of such inspections will be to limited to, the costs of investigation and I determine the overall effectiveness of the control testing. plan and the need for additional control mea- (Ord. No. 08-2013, § 2, 7-16-13) sures. Sec. 90-207. Emergency exemption. (c) The city shall have the authority to enter (a) This article shall not be construed to pre t the property of the applicant as deemed necessary dude the doing of any act necessary to prevent to make regular inspections. material harm to or destruction of real or per- (Ord. No. 08-2013, § 2, 7-16-13) sonal property as a result of a present emergency or when the property is in imminent peril and the Sec. 90-206. Enforcement, inspections and necessity of obtaining a permit is impractical and A penalties. would cause undue hardship in the protection of j The following enforcement options shall be the property. available to address violations of this article,each (b) A report of any such emergency action shall of which shall be non-exclusive: be made to the city by the permit holder as soon ; as practicable, but no more than ten days follow- (a) Code enforcement. The city may pursue ing such action. Remedial action may be required violations of this article through the code by the city subject to appeal to the city council in enforcement proceedings set forth in Chap the event of dispute. ter 2,Article VI, Division 2 of this Code. (Ord. No. 08 2013, § 2, 7-16-13) (b) Stop-work order;revocation of permit. The ' city may suspend or revoke a site devel- opment permit in the event that a permit- holder violates this article,or the terms of the permit, or implements site develop- I i Supp.No. 22 CD90:31 This page is intentionally left blank J 1 1 i SIGNS §94-4 message, relies solely on the side of the building with interpreting applicable building codes and for rigid structural support, and is painted on the advising the administrator relative to building building. The term excludes a painting or work code issues under this chapter. placed on a structure that is erected solely for the (Ord. No. 05-2009, § 3, 9-15-09) sole or primary purpose of signage. Sec. 94-4. Exemptions. Window sign means illuminated and nonil- luminated signs placed in the interior or exterior The following signs may be erected without a windows of a structure, and which can be viewed permit,subject,however,to all remaining require- ` from the outside of the structure. ments of these regulations: (Ord. No. 05-2009, § 3, 9-15-09) (1) Decals affixed to and normally associated with signs painted on equipment, fuel Sec. 94-2. Purpose and scope. pumps or other types of equipment pro- vided such decals are affixed with the (a) The purpose of this chapter is to regulate consent of the equipment owner; the number, size, type, use, design, construction and location of signs within the city. These regu- (2) Signs wholly within a building or enclosed lations are established in order to promote the space, excluding window signs which are overall economic well-being of the city, while at more specifically regulated under this chap- the same time providing for the health,safety and ter; welfare of the public by reducing the adverse (3) One sign or tablet per building, of four effects of signs on safety, property values, traffic, square feet or less, when cut into any and the enjoyment of the scenic beauty of the city. masonry surface or when constructed of These regulations are intended to avoid excessive bronze or other incombustible materials 3 competition and clutter among sign displays in and attached to the surface of the build the demand for public attention, eliminate dan- ing; gerous, dilapidated and unsightly signs and pro- vide for adequate maintenance and inspection of (4) Bulletin boards provided said boards shall > signs within the corporate limits of the city, con not exceed six square feet and shall be I sistent with constitutional guarantees and while limited to one per business entrance; providing for adequate opportunities for effective (5) Traffic-control devices installed in accor- means of communication. dance with applicable provisions of the (b) For purposes of this chapter, any lawful City Code and the traffic control manual sign may display a noncommercial message in published by the Florida Department of addition to, or in lieu of, any other message. All Transportation; noncommercial speech shall be deemed to be on (6) Window signs that do not exceed 25 per- I premises. Nothing in this chapter shall be con- cent of the total window glass area for strued to regulate the content of the message each side of the building or unit thereof displayed on any sign. and are placed in the upper or lower half glass the of th window lass area. In addition, the (Ord. No. 05-2009, § 3, 9-15-09) total square footage of the window signs Sec. 94-3. Administrator. located above ten feet from grade, when added to the total existing signage for the The "administrator" shall be the building offi- building or unit thereof, does not cause cial unless otherwise directed by the city manager the total signage copy area for the build- in writing. The administrator shall also include ing or unit thereof to exceed the maxi- ' any authorized designee of the administrator who mum total signage copy area allowed for is charged with implementing the provisions of the particular building or unit thereof. 4 this chapter. If the administrator is not the build- Further, all sales transaction areas, as ing official, the building official shall be charged well as any other areas that may be 1 1 I Supp.No.22 CD94:7 , I i §94-4 CAPE CANAVERAL CODE Nui 110) deemed as necessary for viewing for safety Sec. 94-6. Prohibited signs and features. purposes by a law enforcement agency, shall not be obstructed from view from the The following signs and features are strictly outside of the building by a window sign; prohibited: and (a) Signs on utility poles and trees. Signs, (7) Temporary signs on residential property regardless of whether exempt from per- that do not exceed six square feet and on mit requirements, are prohibited on pub- nonresidential property that do not ex- lic utility poles or trees, except govern- ceed 12 square feet, provided the signs ment banner signs may be permitted on meet the requirements of this chapter. brackets installed on utility poles if au- Temporary signs on nonresidential prop- thorized by the utility company. erty that exceed 12 feet, but are less than (b) Obstruction of free ingress or egress;stand- 32 square feet, may be authorized by pipes I fire escapes. No sign shall be erected, permit under this chapter. relocated or maintained so as to obstruct (8) For 911 and emergency response pur- free ingress to or egress from any door or poses, signage identifying the address of fire escape. No sign of any kind shall be the property, which shall be located in a attached to a standpipe or fire escape, place that is clearly visible from the right- unless the sign is incidental to the func- of-way. tion of the fire escape or standpipe. (9) Signs held by humans. (c) Signs on right-of-way. Signs on right-of- (10) Subject to the criteria established in sec- way that do not constitute a bona fide tion 94 61, temporary, permanent, and traffic control device installed for the safety portable government monuments, mark- of pedestrians and vehicles, or do not ers, and signs located on public property. serve a governmental function. (11) Home occupation signs pursuant to sec- (d) Portable signs. Any sign, excluding vehic- tion 94-83. ular signs, which is mobile or is not se- curely and permanently attached to the (12) Subject to the criteria established in sec- ground or a building is prohibited, except tion 94-61, historical markers located on a sandwich board is permitted on commer- public or private property that are part of cial property provided it is only displayed a duly authorized local, state or federal outside during normal business hours of historical program. the business that is displaying the sand- (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 19-2010, § 2, 12-21-10) with board. (e) Merchandise displays on rights-of-way. Per- Sec. 94-5. Penalty for violation. manent, temporary, portable or movable signs or displays of merchandise located (a) Any person who knowingly violates or fails on any street, sidewalk, alley, or right-of- to comply with any of the sections of this chapter way are prohibited. or any erector, owner or user of an unlawful sign or any owner of the property on which an unlaw- (f) Off premises signs, except temporary off- ful sign is located, shall, upon conviction, be premises signs that are expressly autho- punished as provided in section 1-15. rized by this chapter. (b) In addition to the criminal penalties pro- (g) Wall mural. A wall mural is strictly pro- vided in this section, any violation of this chapter hibited on the exterior of any building shall be subject to enforcement by Divisions 2 or within the city unless the wall mural is 3,Article VI, Chapter 2 of this Code. approved under the community appear- (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 21-2012, ance review standards set forth in sec- § 3, 12-18-12) tions 22-36 et seq. Supp. No. 22 CD94:8 } � } / SIGNS !s&6 l ; (h) Window Qan. Window signs th a do not } mmpywt sec. 94-4. (i) Ground signs with e p s d metal sup- 1 p Rai cluding po Qw (j) Air-inflated d vice . , \ ' } 4 © j � I \ � ) \ � \ � \ � ) � ) � ) i \ ' } ) } s J.No. 22 CD9$a ) i , I This page is intentionally left blank J i 1 1 1 1 1 ! CI ZONING Sec. 110-404. Common open space,drainage systems,private roads and other related common facilities. 1 Sec. 110-405. Physical review. Sec. 110-406. Building permit. Sec. 110-407. Bonding. 3 Sec. 110-408. Termination zone. Sec. 110-409. Enforcement. Secs. 110-410-110-420. Reserved. 'i 1 Division 2. Development Plans 1 Sec. 110-421. Application. Sec. 110-422. Procedure for receiving approval of preliminary development j plan and tentative zoning. 1 Sec. 110-423. Procedure for approval of final development plan. .r, Secs. 110-424-110-435. Reserved. 1. Division 3. Land Use Regulations 1. Sec. 110-436. Minimum size. Sec. 110-437. Maximum density. 1 Sec. 110-438. Minimum common recreation and open space. Sec. 110-439. Minimum lot area;frontage;setbacks;accessory uses. Sec. 110-440. Maximum length of structures. Sec. 110-441. Minimum floor area. 1 Sec. 110-442. Offstreet parking. Sec. 110-443. Underground utilities. Sec. 110-444. Development standards. Sec. 110-445. Preservation of trees. Secs. 110-446-110-465. Reserved. 1 Article IX. Supplementary District Regulations 3 Division 1. Generally I i Sec. 110-466. Application of performance standards. Sec. 110-467. Garage sales. Sec. 110-468. Accessory structures. I Sec. 110-469. Visibility at intersections. Sec. 110-470. Fences,walls and hedges. Sec. 110-471. Exceptions to height regulations. " Sec. 110-472. Access. Sec. 110-473. Minimum width of courts. Sec. 110-474. Water areas. Sec. 110-475. Sidewalks required. Sec. 110-476. Dedicated public land. Sec. 110-477. Dedicated public easement. Sec. 110-478. Residential use antennas/satellite dishes. i Sec. 110-479. Sewage disposal. f Sec. 110-480. Atomic energy uses. Sec. 110-481. Building required for commercial uses. Sec. 110-482. Underground utilities required. Sec. 110-483. Wireless communications towers and antennas. Sec. 110-484. Emergency pad-mounted generators. I Sec. 110-485. Liquefied petroleum gas. 1 Sec. 110-486. Vacation rentals. Sec. 110-487. Rental restrictions on dwelling units. Sec. 110-488. Assisted living facilities. Sec. 110-489. Pain management clinic regulations. ,l 1 Supp.No. 22 CD110:5 1 I CAPE CANAVERAL CODE NMI) Sec. 110-490. Donation bins prohibited. Sec. 110-490.1. Vacation resort campus. Division 2. Offstreet Parking Sec. 110-491. Number of spaces required. Sec. 110-492. Location of spaces. Sec. 110-493. Access. Secs. 110-494-110-505. Reserved. Division 3. Offstreet Loading Sec. 110-506. Requirements. Sec. 110-507. Location and dimensions of space. Secs. 110-508-110-520. Reserved. Division 4. Home Occupations Sec. 110-521. Permitted home occupations. Sec. 110-522. Requirements. Sec. 110-523. Local business tax receipt required. Secs. 110-524-110-535. Reserved. Division 5. Setbacks Sec. 110-536. Building setback lines. Sec. 110-537. Erection of more than one principal structure on lot. Sec. 110-538. Encroachments. Secs. 110-539-110-550. Reserved. Division 6. Vehicles and Vessels Sec. 110-551. Location of recreational vehicles,camping equipment, boats and boat trailers. Sec. 110-552. Living aboard boats. Sec. 110-553. Living or residing in automotive vehicles. Sec. 110-554. Parking and storage of certain vehicles. Sec. 110-555. Paving of vehicular use areas. Sec. 110-556. Vehicle rental facility. Secs. 110-557-110-565. Reserved. Division 7. Landscaping and Vegetation Sec. 110-566. Landscaping and screening between commercial or industrial zoning districts and residential zoning districts. Sec. 110-567. Interior landscaping for offstreet parking areas. Sec. 110-568. Reserved. Secs. 110-569-110-580. Reserved. Division 8. Swimming Pools Sec. 110-581. Construction and location. Sec. 110-582. Swimming pool barriers. Sec. 110-583. Accessories. Min Sec. 110-584. Minimum setbacks. Supp.No. 22 CD110:6 j i 1 1 i ZONING i Article X. AlA Economic Opportunity Overlay District I i Division 1. Generally 1 Sec. 110-585. Introduction. Sec. 110-586. Boundary and organization. Sec. 110-587. Applicability. Sec. 110-588. Purpose. Sec. 110-589. Goals. £ Sec. 110-590. Objectives. Sec. 110-591. Design principles. Sec. 110-592. Definitions. Secs. 110-593-110-603. Reserved. i Division 2. Administration Sec. 110-604. Intent. Sec. 110-605. General. Sec. 110-606. Procedures for design compatibility approvals. { Sec. 110-607. Plan submittals. Sec. 110-608. Nonconforming uses,structures and buildings. j Sec. 110-609. Use matrix. Sec. 110-610. Similar and compatible uses. Secs. 110-611-110-620. Reserved. j a Division 3. Site Planning t Sec. 110-621. Intent. Sec. 110-622. LEED or LEED equivalent design. Sec. 110-623. Building orientation. Sec. 110-624. Building height. Sec. 110-625. Building setback. Sec. 110-626. Project size. Sec. 110-627. Lot coverage. Y Sec. 110-628. On-site circulation. Sec. 110-629. Utility and service areas. 1 Secs. 110-630-110-640. Reserved. , Division 4. Architectural Guidelines Sec. 110-641. Intent. Sec. 110-642. Similar and compatible design i Sec. 110-643. Articulation. Sec. 110-644. Building continuity. Sec. 110-645. Scale. Sec. 110-646. Proportion. Sec. 110-647. Rhythm. Sec. 110-648. Entry treatment. Sec. 110-649. Roof lines. Sec. 110-650. Exterior surface materials. 1 Sec. 110-651. Windows and transparency. 9 Sec. 110-652. Storefronts. Sec. 110-653. Color. Sec. 110-654. Awnings and canopies. , c Sec. 110-655. Ground floor lighting. Sec. 110-656. Utilities and stormwater management area screening. 1 Secs. 110-657-110-667. Reserved. 1 I Supp.No. 22 CD110:7 1 i x Q 1 CAPE CANAVERAL CODE Division 5. Parking Sec. 110-668. Intent. Sec. 110-669. Surface parking. Sec. 110-670. Shared parking. Sec. 110-671. Parking structures. Secs. 110-672-110-682. Reserved. Division 6. Landscaping Sec. 110-683. Intent. Sec. 110-684. Commercial site plan review. Sec. 110-685. Water efficient landscaping. Sec. 110-686. Screening between commercial or industrial zoning districts or uses and residential districts or uses. Sec. 110-687. Project perimeter. Sec. 110-688. Building landscaping. Sec. 110-689. Surface parking lots. Sec. 110-690. Required screening for commercial parking facilities. Secs. 110-691-110-700. Reserved. Division 7. Signage Sec. 110-701. Intent. Sec. 110-702. All signs. Sec. 110-703. Awning signs. Sec. 110-704. Pedestrian signs. Sec. 110-705. Projecting signs. Sec. 110-706. Wall signs. Sec. 110-707. Hanging signs. Sec. 110-708. Window signs. Secs. 110-709-110-719. Reserved. Article XI. Planned Developments Division 1. Generally Sec. 110-720. Definitions. Sec. 110-721. Purpose and intent. Sec. 110-722. Permitted uses. Sec. 110-723. Common open space, drainage systems, and other related com- mon facilities. Sec. 110-724. Physical review. Sec. 110-725. Building permit. Sec. 110-726. Revocation. Sec. 110-727. Enforcement. Secs. 110-728-110-739. Reserved. Division 2. Planned Development Plans Sec. 110-740. Application procedures. Sec. 110-741. Concept plan. Sec. 110-742. Land use plan. Sec. 110-743. Site/construction plan. Secs. 110-744-110-754. Reserved. J Supp.No. 22 CD110:8 ) 1 1 4 1 1 ZONING § 110-1 , 4 ARTICLE I. IN GENERAL not relatives of the owner or administrator. For purposes of calculating density,2.5 assisted living Sec. 110-1. Definitions. facility beds shall be equivalent to one dwelling ' unit. The following words, terms and phrases,when used in this chapter, shall have the meanings Automotive repair facilities includes all mechan- ascribed to them in this section,except where the ical engine overhaul or repair and bodywork and context clearly indicates a different meaning: painting of automotive vehicles. 4 Access easement. See the definition of "utility Automotive vehicle means any self-propelled access easement." vehicle or conveyance designed and used for the g Accessory use means a use or structure on the purpose of transporting or moving persons, ani- same lot with and of a nature customarily inci- mals,freight, merchandise or any substance. The 1 dental and subordinate to the principal use or term shall include passenger cars, trucks, buses, I structure. motor homes, motorcycles, scooters and station wagons, but shall not include tractors, construc- j Alcoholic beverage means the same as defined tion equipment or machinery or any device used # b F.S. § 561.01(4)(a). 3' for performing a job, except as stated in this 1 Alley means any public or private right-of-way definition. t set aside for secondary public travel and servicing which is less than 30 feet in width. Awning means a detachable, rooflike cover, ? supported by the walls of a building for protection Antenna means any exterior transmitting or from sun or weather. 1 receiving device mounted on a tower, building or structure and used in communications that radi- Block means the area between two adjacent ate or capture electromagnetic waves, digital sig- streets or if no streets are present an area not to nals, analog signals, radio frequencies (excluding exceed 600 feet in length or width. radar signals), wireless telecommunications sig- 1 Bottle club means a membership composed of a n nals or other communication signals. group of people which permits the consumption of nApartment. See the definition of"dwelling,mul alcoholic beverages on a premises without charge. tiple-family." Membership shall be for a period of not less than Apartment hotel means a building designed for one year. or containing both apartments and individual Building means any structure built for the guestrooms or rental units, under resident super support, shelter or enclosure of persons, animals, g vision,and which maintains an inner lobby through chattels or property of any kind which has enclos- which all tenants must pass to gain access to ing walls for 50 percent of its perimeter.The term apartments, rooms or units. "building" shall be as if followed by the words or Approved structure means that which is built part thereof." For the purpose of this chapter, or constructed or an edifice or building of any kind each portion of a building separated from other ' in which collected nonhazardous material may be portions by a firewall shall be considered as a stored. separate building. For the purpose of area and I height limitations, this definition shall be appli- Assisted living facility shall mean any building cable to sheds and open sheds. 1 or buildings, section or distinct part of a building, private home, boarding home, home for the aged, Building official means the official charged or other residential facility, whether operated for with the administration and enforcement of this j profit or not, which undertakes through its own- chapter as provided in article II of this chapter. I ership or management to provide housing, meals, s and one or more personal services for a period Camper trailer. See the definition of "recre- p exceeding 24 hours to one or more adults who are ational vehicle." I Supp.No. 22 CD110:9 I § 110-1 CAPE CANAVERAL CODE J Camper(truck mounted)means a portable struc- Court means an unoccupied open space on the ture designed to be mounted on a truck or similar same lot with the principal building and enclosed type vehicle, for the purpose of converting the on at least three adjacent sides by walls of the vehicle into a movable living unit, and customar- principal building. ily used for recreational or camping use. Courtesy notice means a notice of a public Child care facility means any child care center hearing, not required by law, mailed at the city's or child care arrangement as defined by F.S. discretion pursuant to the provisions of this chap- § 402.302, as may be amended. ter to property owners within 500 feet of property Chronic nonmalignant pain means pain unre which is the subject of the public hearing. Cour- lated to cancer or rheumatoid arthritis, which tesy notices may be sent by regular or certified persists beyond the usual course of disease or the mail, as set forth herein. injury that is the cause of the pain, or more than Dedication means the deliberate appropriation 90 days after surgery. of land by its owner for any y general and public Church means any building occupied on a uses, reserving to himself no other rights than permanent basis for religious exercises as a pri- such as are compatible with the full exercise and mary use. enjoyment of the public uses to which the prop- erty has been devoted. Commercial parking facility shall mean a facil- ity primarily engaged in the commercial enter- Dish antenna. See the definition of"earth sta- prise of providing parking spaces for licensed tion antenna." motor vehicles, usually on an hourly, daily, or monthly basis.Commercial parking facilities shall Drive-in restaurant or refreshment stand means not include those facilities for the storage of boats, any place or premises used for sale, dispensing or "'wag) trailers, trailerable items, recreational vehicles, servicing of food, refreshments or beverages in unlicensed vehicles or other special purpose vehi- automobiles,including those establishments where cies. customers may serve themselves and may eat or drink the food, refreshments or beverages on the Common open space means a parcel or area of premises. land or land and water, other than a dedicated canal, within the site and designed and intended Drive, private, means a private way set aside for the use or enjoyment of residents living within for vehicular traffic that does not exceed 200 feet the zone or development area. Common open in developed length and serves less than four space may contain such complementary struc- residential, commercial or any combination of tures and improvements as are necessary and residential and commercial units. appropriate for the benefit and enjoyment of the residents. Dwelling, mobile home, means a detached res- idential dwelling unit over eight feet in width, Construction site means a lot or parcel upon which bears a seal from the United States Depart- which development is immediately proposed or in ment of Housing and Urban Development, de- progress, as authorized by a current building signed for travel over highways and streets or for permit. house accommodations or both, manufactured on Containers means any cans, barrels, drums or an integral chassis or undercarriage and arriving tanks, except stationary tanks, which would be at the site where it is to be occupied, except for used for the outside storage of nonhazardous minor and incidental unpacking and assembly materials. operations, location on jacks or other temporary or permanent foundations, connection to utilities Convalescent home means a building where and the like. regular nursing care is provided for more than one person, not a member of the family, who Dwelling, multiple-family, means a residential resides on the premises. building designed for or occupied by three or more Supp.No. 22 CD110:10 i 1 ZONING § 110-1 1 families,with the number of families in residence stances or any article prepared for the purpose of not exceeding the number of dwelling units pro- producing a visible or audible effect by combos- ! i vided. tion, explosion, deflagration or detonation, as de- fined by F.S. § 791.01(4)(a), as may be amended. Dwelling, single family, means a detached res "Fireworks" does not mean sparklers or novelties, idential dwelling unit other than a mobile home, trick noisemakers, toy pistols or other devices in Idesigned for and occupied by one family. ' which paper caps containing twenty-five bun- Dwelling, two-family, means a detached resi- dredths grains or less of explosive compound or dential building containing two dwelling units, mixture are used,as defined by F.S.§§791.01(4)(b) designed for occupancy by not more than two and (c). ' families. Fireworks sales facilities means any place or 4 Dwelling unit or living unit means one room or premises used for the sale or other distribution, rooms connected together,constituting a separate whether permanent or seasonal,of fireworks.The independent housekeeping establishment for owner sale of fireworks shall only be permitted within I occupancy, for rent or lease, and physically sepa- the light industrial (M-1) zoning district. rated from any other rooms or dwelling units Floor area means the sum of the gross horizon- which may be in the same structure and contain tal areas of the several floors of a building, mea- 1 ing independent cooking and sleeping facilities. sured from the exterior faces of exterior walls or Easement means a right-of-way granted for from the centerline of walls separating two at- limited use of private property for a public or tached buildings. The required minimum floor quasipublic purpose. area within each district shall not apply to acces- sory uses. Existing grade shall mean the ground surface 1 elevation prior to grading, or the addition of fill Garage, storage means a building or portion of material. a building thereof designed or used exclusively for the storage or parking of automobiles. Service Fair market value means the valuation of a other than storage at such storage garage shall be structure by the county tax assessor in his assess- limited to lubrication, washing, waxing and pol- , ment for the levying of ad valorem taxes for the ishing. When used for such a purpose, such prop- tax year. erty may not be used in combination with any Family means a person or a group of persons other use, with the exception of mini-storage. related to each other by blood or marriage or a Guesthouse means living quarters within a group of not more than four adults who are not detached accessory building located on the same necessarily so related, living together under one lot with the main building for use by temporary roof as a single household unit. guests of the occupants of the premises, such Fence means a structure forming a physical quarters having no kitchen facilities or separate s barrier, which is constructed of wood or a similar utility meters and not rented or otherwise used as lightweight building material. a separate dwelling. A 1 Finish grade shall mean the final grade of the Hedge means a row of bushes or small trees site, which conforms to the approved plan. planted close together in such a manner as to form a boundary or barrier. I Finished surface, as it relates to the definition Height of building means the vertical distance , of"paving"in this section, means manipulated by tool or machine to effectuate a uniform consis from 12 inches above the crown of the fronting tency and smoothness in accordance with indus road or finish grade at the building line, which try standards, in a workmanlike manner. ever is highest,to(i)the highest point of flat roof; (ii) the deck line of a mansard roof; (iii) the Fireworks means any combustible or explosive average height between the eaves and ridge for composition or substance or combinations of sub- gable, hip and gambrel roofs. Excess fill placed at 1 s Supp.No. 22 CD110:11 I § 110-1 CAPE CANAVERAL CODE or around any portion of the building shall not be allowed for commercial propane that is composed used as a means to circumvent any maximum predominantly of the following hydrocarbons, ei- height requirement.Excess fill shall mean any fill ther by themselves or as mixtures: propane, above the first/ground floor elevation. Measure- propylene, butane (normal butane or isobutane), ment must be in compliance with the 100-year and butylenes. flood level, as determined by the Federal Emer- gency Management Agency. Living area means the minimum floor area of a dwelling as measured by its outside dimensions, Home occupation means any occupation con- exclusive of carports,porches,sheds and attached ducted entirely within a dwelling unit and carried garages. on by an occupant thereof, which occupation is clearly incidental and secondary to the use of the Loading space, offstreet, means space logically dwelling for dwelling purposes and does not change and conveniently located for bulk pickups and the residential character thereof. deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when Hospital means a building or group of build- required offstreet parking spaces are filled. Re- ings, having room facilities for one or more over- quired offstreet loading space is not to be included night patients, used for providing services for the as offstreet parking space in computation of re- inpatient medical or surgical care of sick or in- quired offstreet parking space. jured humans, and which may include related facilities, such as laboratories, outpatient depart- Lot means a parcel of land of at least sufficient ments training facilities, central service facilities size to meet minimum zoning requirements for and staff offices; provided, however, that such use, coverage and area and to provide such set- related facility must be incidental and subordi- backs and other open spaces as are required in nate to the main use and must be an integral part this chapter. In no case of division or combination of the hospital operations. of parcels shall any residual lot or parcel be created which does not meet the requirements of Hotel means a building or combination of build- this chapter, except townhouses. Such lot may ings in which lodging is provided and offered to consist of: the public for compensation and duly licensed pursuant to F.S. ch. 509, under single ownership (1) A lot of record; or and operation. It shall provide an inside office (2) A portion of a lot of record;or combination that shall be supervised by a person in charge at of portions of lots of record; all times. There shall be a minimum of six guestrooms per building and a minimum of 150 (3) A combination of complete lots of record or guestrooms per hotel. As used in this definition, complete lots of record and portions of lots the term "guestrooms" means those rooms in- of record; and/or tended or designed to be used or which are used, (4) A parcel of land described by metes and rented or hired out to be occupied or which are bounds. occupied for sleeping purposes by guests. Landsca e buffer means that Lot, corner, means a lot located at the intersec- p f portion of the tion of two or more streets. A lot abutting on a building setback area which is located along prop curved street shall be considered a corner lot if erty lines adjacent to streets or abutting lots and straight lines drawn from the foremost points of which in its entirety contains landscaping. the side lot lines to the foremost point of the lot Landscaping means the arrangement of vege- meet at an interior angle of less than 135 degrees. tation such as trees, bushes and grass, together with other suitable materials in complementary Lot coverage means the area of a lot that is fashion, over a tract of land for aesthetic effect. covered by an enclosed structure.This is normally the principal and accessory structures and any Liquefied petroleum gas (LPG) means any ma- other structure that blocks sunlight and the breeze- terial having a vapor pressure not exceeding that way. Supp.No. 22 CD 110:12 1 4 y ) ZONING § 110-1 Lot dimensions means as follows: subassemblies,which may include structural,elec- (1) Depth of a lot shall be considered to be the trical, plumbing, heating, ventilating or other distance between the midpoints of straight service systems manufactured in manufacturing lines connecting the foremost points of the facilities for installation or erection,with or with- g side lot lines in front and the rearmost out other specified components, as a finished points of the side lot lines in the rear. building or as part of a finished building, which shall include but not be limited to residential, (2) Width of a lot shall be considered to be the commercial, institutional, storage and industrial distance between straight lines connect- structures. This does not apply to mobile homes. ing front and rear of the required front Manufactured building may also mean, at the setback; provided, however, that width option of the manufacturer, any building of open between side lot lines at their foremost construction made or assembled in manufactur- points,where they intersect with the street ing facilities away from the building site, for lines, shall not be less than 80 percent of installation or assembly and installation on the the required lot width, except for lots on building site. the turning circle of culs-de-sac, where the 80-percent requirement shall not ap- Marina means a place for docking boats or ply; provided, however, that all lots shall providing services to boats and occupants thereof, have a minimum of 25 feet facing a street. including servicing and repairing boats, sale of fuel and supplies and provision of food,beverages Lot frontage means the narrowest portion of and entertainment as accessory uses.A yacht club the lot fronting on a dedicated, accepted or main- shall be considered as a marina,but a hotel,motel tamed street right-of-way. or similar use, where docking of boats and provi- I Lot, interior, means a lot with only one frontage sion of services thereto is incidental to other on a street. activities, shall not be considered as a marina nor shall boat docks accessory to a multiple-family 1 Lot line means the boundary line of a lot. dwelling where no boat-related services are ren- Lot of record means a lot whose existence, dered. location and dimension have been legally re- corded or registered in a deed or on a plat. Medical or dental clinic means a building where patients,who are not lodged overnight,are admit- Lot,reversed frontage, means a lot on which the ted for examination and treatment by one person frontage is at right angles or approximately right or group of persons practicing any form of the angles (interior angle less than 135 degrees) to healing arts services to individuals,whether such the general pattern in the area.A reversed front- persons are medical doctors, chiropractors, osteo- age lot may also be a corner lot, an interior lot or paths, chiropodists, naturopaths, optometrists, 1 a through lot. dentists or any similar profession, the practice of which is licensed in the state. The term does not Lot, through, means a lot other than a corner include a place for the treatment of animals and lot with frontage on more than one street. A does not include pain management clinics. through lot abutting two streets may be referred 1 to as a double frontage lot. Mini-storage means the renting of storage space Major recreational equipment means boats and which is utilized for the incidental storage of boat trailers,travel trailers,trailers for transport personal effects,which space shall not exceed 280 4. ing motorized vehicles,pickup campers or coaches square feet of net floor area. When used for such designed to be mounted on automotive vehicles, a purpose, such property may not be used in motorized dwellings, tent trailers and the like, combination with any other use, with the excep- including the coverings. tion of storage garage. Manufactured housing or building means a Mobile home means a structure as defined in 1 %el closed structure, building assembly or system of F.S. § 553.36(12). i i Supp.No. 22 CD110:13 § 110-1 CAPE CANAVERAL CODE Mobile home park means a single parcel of Occupied means the use of a structure or land ground on which there are sites to be leased or for any purpose, including occupancy for residen- rented to tenants for the purpose of parking tial, business, industrial, manufacturing, storage mobile homes. and public use. Motel means a building or combination of build- Oceanfront lot means a lot that is contiguous ings in which lodging is provided and offered to with the ocean beach and which is considered as the public for compensation and duly licensed fronting on a public street and includes those lots pursuant to F.S. ch. 509, under single ownership adjacent to a dedicated street.All lots contiguous and operation.As such it is open to the public the with the ocean beach shall be considered interior same as a hotel, except that the buildings are lots. usually designed to serve tourists traveling by automobile,ingress to rooms need not be through Open shed means any structure that has no a lobby or office and parking usually is adjacent to enclosing walls. the dwelling unit. There shall be a minimum of six guestrooms per building and a minimum of Open space area means that area of the lot 150 guestrooms per motel.As used in this defini- which is to be left open for free circulation of air tion, the term "guestroom" means those rooms and which provides an area for recreational and intended or designed to be used or which are used leisure pursuits. Not to be included as part of rented or hired out to be occupied or which are open space area are building setbacks, areas occupied, for sleeping purposes by guests. occupied by all building structures, parking ar- eas, roads and drives. Recreational areas may be Motor travel home means a self-propelled vehi- included. Swimming pools may be included in the cle containing living facilities and customarily calculation of minimum open space. used for camping or recreational uses. Net residential acre means the horizontal acre- Outside storage shall mean the commercial age of a lot devoted exclusively to residential uses storage of licensed recreational vehicles, trailers, and trailerable items,goods,wares, merchandise, and their appurtenant accessory uses. Such area shall include the building site, recreation areas, commodities, or any other item outside of a com open space, swimming pools,parking, drives, set- pletely enclosed building for a continuous period back areas and the like. Net residential acreage of longer than 24 hours. does not include areas used for nonresidential purposes, streets,waterways, offices, golf courses Pain management clinic means a publicly or or any other use not developed for the exclusive privately owned facility that advertises in any use of the property's residents. medium for any type of pain management ser- vices; or where in any month, a majority of Nonconformity means any lot, use of land, use patients are prescribed opioids, benzodiazepines, of structure, use of structure and premises or barbiturates, or carisoprodol for the treatment of characteristics of any use which was lawful at the chronic nonmalignant pain.Registration with the time of enactment of the ordinance from which Florida Department of Health pursuant to F.S. this section is derived but which does not conform §§ 458.3265 or 459.0137, shall be prima facia with the district in which it is located. evidence of operating as a pain management clinic. Expressly exempted from this definition Nonhazardous material means any material are hospitals, nursing homes, ambulatory surgi- which does not increase or cause an increase of cal care centers, hospice or intermediate care the hazard of menace of fire to a greater degree facilities for the disabled, or clinics which are than that customarily recognized as normal by affiliated with an accredited medical school at persons in the public service regularly engaged in which training is provided for medical students, preventing, suppressing or extinguishing fire. residents or fellows. Supp.No. 22 CD110:14 1 5Y 1 4 ZONING § 110-1 i 4 Parking space, offstreet, consists of a minimum Public use means any use of land or a structure paved area of 200 square feet for parking an owned and operated by a municipality, county or automobile, exclusive of access drives or aisles the state or federal government or any agency i thereto. thereof and for a public service or purpose. Patio. See the definition of"terrace." Recreational vehicle means a unit designed as 4 temporary living quarters for recreational, camp- Paving may consist of the following materials: ing or travel use,which either has its own motive macadam, asphalt, concrete, pervious concrete, power or is mounted on or drawn by another permeable paving,bricks,tile,pavestone,tilestone, vehicle. The term includes travel trailer, camping flags, flagstone, flagging, cobblestone, curb, kerb, trailer, truck camper, motor home and wheeled curbstone, kerbstone, edgestone and curbing. All recreational trailer. paving material shall have a finished surface and Redevelopment means the process of demoli- must be contained by a permanent border and tion of existing improvements and the construc- properly maintained. tion of new improvements on a site. 4 Playground means an area of land set aside for Residential district means that area set aside outdoor recreation used by children for play and primarily for use as low and medium density often equipped for specific activities. Playground residential housing. may also be that part of a park or outdoor recre- Restaurant means any building or structure or such ation playgroundymay be public or private;hhowever, portion thereof in which food is prepared and any recreational area established for prekinder served for pay to any person not residing on the garten children only or for adults or college stu Premises and which, at all times, derives not less " dents primarily shall not be considered a play than 51 percent of its gross income from the sale ound. of nonalcoholic beverages and food prepared, sold and consumed on the premises (such percentage Principal use of structure means a building in shall be determined by calculating the average which is conducted the principal use of the lot on monthly gross revenue from the sale of food and which it is situated. In a residential district any nonalcoholic beverages for the immediately pre- dwelling shall be deemed to be the principal vious 12-month period). building on the lot on which the dwelling is Right-of-way means land reserved, used or to situated.An attached carport,shed,garage or any be used for a street, alley, walkway, drainage other structure with one or more walls or a part of facility or other public purpose. } one wall being a part of the principal building and = structurally dependent, totally or in part, on the Satellite dish means any device incorporating a principal building shall comprise a part of the reflective surface that is solid, open mesh, or bar principal building. A detached and structurally configured that is shallow dish, cone, horn, or '# independent carport, garage or other structure cornucopia shaped and is used to transmit and/or shall conform to the requirements of any acces- receive electromagnetic signals. This definition is sory building. A detached and structurally inde- meant to include, but is not limited to, what are pendent garage, carport or other structure con- commonly referred to as satellite earth stations, i forming as an accessory building may be attached TVROs, and satellite microwave antennas. to the principal buildings by an open breezeway Schoolgrounds means all the land included in not to exceed six feet in width. A connecting roof the lot or parcel upon which a school building is breezeway in excess of six feet and enclosed on regularly used,except during vacation periods,by one or both sides, including louvers, lattice or elementary and secondary school students. The screening, shall cause the entire structure to be school and land may be public or private. construed as the principal building and shall be subject to the sections applicable to the principal Service station means a building and premises 1 building. where petroleum products are supplied at retail, i Supp.No. 22 CD110:15 I s' I § 110-1 CAPE CANAVERAL CODE as a primary use, and where,in addition,services commercial or any combination of residential and may be rendered and sales made as specified by commercial units. Private streets shall be in- this chapter. stalled in accordance with section 98-92. Setback means a required open space on the Street right-of-way means the property line same lot with a principal building,which space is which bounds the right-of-way set aside for use as unoccupied and unobstructed by buildings from a street. the ground upward except as specified in sections Structure means that which is built or con- 110-468, 110-492, 110-538 and 110-567. All re- strutted. quired setback areas shall be properly main- tained and open space areas within the setback Swimming pool means any portable pool or areas (except parking and other legal encroach- permanent structure containing a body of water ments) shall be landscaped with greenery (sod). 18 inches or more in depth or 250 square feet of surface area or more of water service area,includ- Shed means any structure built for the sup- ing an ornamental reflecting pool or fish pond or port, shelter or enclosure of persons, animals, other type of pool, regardless of size, unless it is chattels or property of any kind which has enclos located and designed so as not to create a hazard ing walls for less than 50 percent of its perimeter. or not be used for swimming or wading. Shopping center means three or more units for Tent means a collapsible shelter of canvas or purposes of mercantilism. other fabric-type material. Sign means the same as defined in chapter 23 Terrace means an open space adjacent to the of the building code adopted in section 82-31. principal building on one or two sides, prepared with a hard, semihard or improved surface, for Special exception means a use that would not the purpose of outdoor living. be appropriate generally or without restriction throughout the zoning division or district but Total floor area or gross floor area means the which,if controlled as to number,area,location or area of all floors of a building, including finished relation to the neighborhood, would promote the attics, finished basements and all covered areas, public health, safety, welfare, morals, order, com- including porches, sheds, carports and garages. fort, convenience, appearance, prosperity or gen- eral welfare. Such uses as may be permitted by Townhouse means a single-family dwelling unit the board of adjustment are identified for each constructed in a series or group of attached units zoning district as special exceptions. with property lines separating such units. Story means that portion of a building Trailer means a portable structure having no ry p g included foundation other than wheels,jacks or blocks that between the floor surface and the upper surface of will not be a hazard to adjacent buildings and the floor next above or any portion of a building that is also fully enclosed, operable and licensed. used for human occupancy between the topmost floor and roof. A basement or cellar not used for Trailer park means an area duly licensed by human occupancy shall not be counted as a story. the city and approved by the state board of health, which is designed, constructed, equipped, oper- Street means a public or private right-of-way ated and maintained for the purpose of providing set aside for public travel. space for and otherwise servicing mobile homes Street centerline means the midpoint of the and trailers. street right-of-way. Travel trailer. See the definition of "recre- ational vehicle." Street, private, means a private way set aside for vehicular traffic that exceeds 200 feet in de- Utility access easement means an easement veloped length or serves four or more residential, less than 20 feet wide, dedicated and used for Supp. No. 22 CD 110:16 ) f i yy ZONING § 110-3 t 1 utilities and utility vehicles. The term does not 03-2013, § 2, 3-19-13; Ord. No. 04-2013, § 2, qualify as an alley pursuant to chapter 98 per- 3-19-13; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. taining to subdivisions. 06-2013, § 2, 6-18-13) Cross reference-Definitions and rules of construction Vacant means a building or parcel of land that generally,§ 1-2. is neither occupied nor used. Variance means a relaxation of the terms of Sec. 110-2. Board of adjustment. this chapter when such variance will not be (a) A board of adjustment is established and contrary to the public interest and when,owing to shall consist of seven members. conditions peculiar to the property and not the result of the actions of the applicant, a literal (b) The board of adjustment shall have the enforcement of this chapter would result in un- powers and duties to consider applications for necessary and undue hardship. As used in this special exceptions, variances, and administrative chapter, a variance is authorized only for height, appeals under this chapter. area, size of structure or size of yards and open spaces; establishment or expansion of a use oth (c) The board of adjustment shall not incur erwise prohibited shall not be allowed by variance any debts or enter into any contracts or obliga tions which would be enforceable against the city, nor shall a variance be granted because of the unless prior approval has been obtained from the presence of nonconformities in the zoning district city council. or used in an adjoining zoning district. (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007, Wall means a structure forming a physical § 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11) barrier, which is constructed of concrete or ma- i sonry composite. Sec. 110-3. Planning and zoning board. I Wall, concrete boundary, means a structure (a) The planning and zoning board is estab- r constructed using concrete, either poured or in lished and shall consist of seven members. block form,along the property boundary or within the setback and used as a dividing line between (b) The planning and zoning board shall oper ,, parcels of property in a residential zone, specifi- ate exclusively in an advisory capacity, and no cally excluding townhouse interior party walls. ruling, decision or recommendation of the board shall be binding. 4 Yard means all open space on the same lot as the principal building,which space is unoccupied (c) The board shall perform such duties as are conferred on it by this Code and the city council and unobstructed by buildings from the ground and shall, from time to time, make studies on upward, except as otherwise provided. The term generally applies to the area from each lot line to planning and zoning matters affecting the health, the principal building and its attached porches, welfare, safety and morals of the people of the sheds, carports, garages and storage areas. city. I `, (Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96; (d) No problem or situation relating to zoning Ord.No. 9-97, § 1,9-2-97;Ord.No. 19-98,§§ 1-3, shall be submitted to the city council prior to 6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No. being submitted to and acted upon by the plan- 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00; ping and zoning board. Such problems or situa- Ord. No. 03 2003, § 2, 8-19-03; Ord. No. 02 2004, tions relating to zoning shall include but not be § 2, 3-02-04; Ord. No. 01-2007, § 2, 2-20-07; Ord. limited to the following: No. 04-2007, § 2, 6-19-07; Ord. No. 04-2008, § 3, 1 5-6-08; Ord. No. 13-2009, § 2, 12-15-09; Ord. No. (1) Changes in zone classification. 05 2010, § 2, 4-20-10; Ord. No. 17 2010, § 2, (2) Changes in zoning district boundaries and 11-16-10; Ord. No. 04-2011, § 2, 6-21-11; Ord. No. zoning maps. 06-2011, § 2, 10-18-11; Ord. No. 02-2012, § 2, i 3-20-12; Ord. No. 06-2012, § 2, 4-17-12; Ord. No. (3) Review and revision of zoning sections. i Supp.No. 22 CD110:17 i i i § 110-3 CAPE CANAVERAL CODE (4) Recommendation concerning a master plan Sec. 110-27. Authority. and periodic review thereof. (a) Unless otherwise provided in this chapter, (e) The planning and zoning board shall make the city council shall render all final decisions recommendations concerning rezonings, special regarding rezonings and the board of adjustment exceptions and site plans in accordance with this shall render all final decisions regarding vari- chapter. ances, special-exceptions and administrative ap- (f) The board secretary shall, after each meet- peals. Final decisions of the board of adjustment ing of the planning and zoning board, transmit a and city council shall be subject to appellate copy of the board's minutes to each member of the review as set forth in this division. city council, the city clerk and the city attorney. Such minutes shall include the board's recommen (b) The respective board rendering final deci- dations on any matter coming before it, including sions may impose reasonable conditions and safe guards on any approved rezoning, variance, spe- a short statement setting forth the facts upon cial exception or administrative appeal to the which the board's recommendations were based, as well as the board's reasons for the recommen extent deemed necessary and relevant to ensure dation. compliance with applicable criteria and other applicable provisions of the city code and compre- (g) The planning and zoning board shall not hensive plan. Such conditions and safeguards, incur any debts or enter into any contracts or when made part of the terms under which the obligations which would be enforceable against rezoning,variance, special exception, or adminis- the city, unless prior approval has been obtained trative appeal is granted,have the same force and from the city council. effect as any other provision of this Code, and (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 13-2011, violation of same shall be deemed to be a violation § 6, 12-20-11) of this Code and punishable by this Code. Secs. 110-4-110-25. Reserved. (c) All formal decisions shall be based on com- petent substantial evidence and the applicable criteria set forth in this article. ARTICLE II. PROCEDURE; LAND USE DECISIONS* (d) The city council may adopt, by resolution, quasi-judicial rules and procedures to implement DIVISION 1. GENERALLY this chapter. Sec. 110-26. Intent and purpose. (e) All final decisions rendered under this chap- ter must be consistent with the city's comprehen- The intent and purpose of this article is to set sive plan. forth the procedure and requirements for apply- ing for variances, special exceptions, rezonings (f) All final permits issued under this chapter and administrative appeals, as set forth in this may be temporarily suspended or absolutely re- article. yoked by majority vote of the board that rendered (Ord. No. 11-2005, § 2, 6-21-05) the final decision if the board later determines at a public hearing that either: *Editor's note-Ord. No. 11-2005, §2, adopted June 21, 2005, amended art. II in its entirety and enacted new provi- (1) The applicant has obtained the final per- sions as set out herein.The former art.II pertained to board of mit upon false statements, fraud, deceit, adjustment and derived from Code 1981, §§ 645.13, 645.15, misleading or perjurious statements, or 645.17, 645.19, 645.21, 645.23, 645.27, 645.29, 645.31; Ord. suppression of material facts; No. 43-93, §§ 2,3, adopted Dec. 7, 1993; Ord. No. 49-93, § 1, adopted Jan.4,1994;Ord.No.5-94,§1,adopted Feb. 1,1994; Ord. No. 5-96, § 1, adopted June 4, 1996; Ord. No. 18-2002, (2) The applicant has committed substantial §§ 2A,2B, adopted Dec. 17,2002;and Ord. No. 12-2003, § 9, violations of the terms and conditions of adopted July 1,2003. any final permit; or Supp. No.22 CD 110:18 ZONING § 110-28 (3) The applicant has used any final permit to knowingly allow illegal activities to be conducted on the property which is sub- ject to said permit. (Ord. No 11-2005, § 2, 6-21-05; Ord. No 07-2007, § 2, 12-4-07) Sec. 110-28. Due process; special notice re- `'' quirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice,be heard,present evidence, cross-examine witnesses, and be represented by a duly authorized representative. (b) In addition to any notice requirements pro- vided by state law, all public hearings under this article shall be publicly noticed for at least 14 calendar days prior to the date of the hearing. Said notice shall include the address of the sub- ject property, matter to be considered and the time,date and place of the hearing.The city shall post notice of public hearings in the following manner: (1) Posting the affected property. sz a � ti Supp. No. 22 CD110:18.1 to i J I 1 i 1 K ZONING § 110-334 i Cri 1 e. No service stations shall be erected noise, glare, fumes, smoke or other or located within 150 feet of the characteristics to an extent greater property line of any church,hospital, than normally found in service sta- school or park. tions.A service station is not a body 1 f. A visual screen, meeting the specifi- shop. 1 cations of section 110-566, shall be j. Automotive parts,new or used,shall provided along any property line abut- not be stored outside. ting a residential district or residen k. Vehicles are not to be dismantled or tial use. scrapped for parts. g. Services and sales' permissible in 1. Engine and transmission overhaul dude only the following: may be performed only inside the 1. Spark plugs, batteries, distrib service bays. utor parts,ignition system parts, vehicle wiring and the like. m. A minimum of two enclosed service bays and a customer waiting area 2. Exhaust system components,en- must be provided if maintenance and gine cooling components, auto- repairs are a part of the business. motive air conditioning system n. A minimum building size of 2,000 components, braking system square feet shall be provided. components,vehicle lighting sys- 1 tem components, radios, steer- o. No plants (grass, weeds, etc.) shall ing assembly parts,fuel system be allowed to grow through cracks or components and the like. joints in the pavement. 3. Tire servicing and repair, but p. Landscaping shall conform to sec- not recapping. tion 110-566. 4. Washing and polishing, includ- q. Service stations shall not be erected ing the sale of related materi- or located within 2,000 feet of the als. property line of another service sta- 5. Greasing,oil changes and other tion. ' lubrication. (4) Places in which goods are produced and 1 6. Sale of cold drinks, package sold at retail upon the premises. foods, tobacco and similar con- venience goods for service sta (5) Vocational and trade schools not involving tion customers. operations of an industrial nature. I (6) Commercial establishments which sell, t 7. Road maps, informational ma - 1 terials, restroom facilities. dispense, serve or store alcoholic bever- t ages or which permit the consumption of 8. Truck and trailer rentals. alcoholic beverages on their premises.Also h. Vehicles shall not be parked outside see section 110-332. the building for more than four days, (7) Dry cleaning establishments using nonin- 'j such four days to be considered as an flammable solvents and cleaning fluids, accumulated parking time, whether as determined by the fire chief. consecutive or accumulated. I i. Uses permissible at a service station (8) Retail stores using outside display areas, do not include body work, straight- provided the following are met: ening of body parts, painting, weld- a. The area of outside display shall not ing (other than minor repairs), stor- exceed in size one-third of the en- age of automobiles not in operating closed area of the principal struc- condition or other work involving ture. i i J Supp.No. 22 CD110:46.5 i 4 i § 110-334 CAPE CANAVERAL CODE b. The outside display area shall be (13) Theatres, drive-in theatres, photographic considered the same as the floor area studios,bookstores and dance studios,un- for the purpose of calculating offstreet less such uses fall within the scope and parking, setbacks and lot coverage. restrictions of section 10-86 et seq. (9) New and used automobiles, major recre (14) Carwashes, including polishing, and sale ational equipment and mobile home sales of related materials. with accessory services, subject to the (15) Vehicle rental facility, as provided in sec- following: tion 110-556 of this Code. a. All outside areas where merchan- (16) Assisted living facilities, subject to the dise is displayed shall be paved. requirements of section 110-488. b. All ingress and egress points to abut- (17) Pain management clinics, subject to the ting streets shall be marked clearly requirements of section 110-489 of this and placed not closer than 150 feet Code. apart on the same street. (Code 1981, § 637.51; Ord. No. 02-2003, § 2, 3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord. No. c. All servicing and repair activities, 17-2010, § 2, 11-16-10; Ord. No. 06-2011, § 2, except gasoline pumps shall be lo- 10-18-11; Ord. No. 05-2013, § 2, 3-19-13) cated in an enclosed structure. Sec. 110-335. Prohibited uses and structures. d. There shall be no storage of junked or wrecked automobiles, other than In the C-1 low density commercial district, the temporary storage not to exceed 30 following uses and structures are prohibited: days, and these vehicles shall be in (1) All uses not specifically or provisionally an enclosed area and not be visible permitted in this division. from outside the property. (2) Any use which fails to meet performance e. Ingress and egress points shall not standards specifications as provided in be placed so as to endanger pedes- section 110-466. trian traffic. (3) Bottle clubs. (10) Single-family dwellings,two-family dwell-(Code 1981, § 637.53) ings,townhouses or multiple-family dwell- ings;provided,however,there shall not be Sec. 110-336. Area and dimensions. more than 15 dwelling units per net res- In the C-1 low density commercial district, the idential acre and such dwellings shall not following areas and dimensions shall be required: be permitted on property along the AlA Highway Corridor as depicted in exhibit (1) Minimum lot area shall be as follows: "A," attached hereto and fully incorpo- a. Service stations, 12,000 square feet. rated herein by this reference.See require b. All other principal uses and struc- ments in the R-2 district in division 3 of tures, 5,000 square feet, and, in ad this article. These requirements apply to dition, the ratio of gross floor area to residential construction in the C-1 dis lot area shall not exceed 1.5:1.0. trict. (2) Minimum lot width shall be as follows: (11) Reserved. a. Service stations, hotels and motels, (12) Public utility equipment;uses and rights- 100 feet. of-way essential to serve the neighbor- b. All other principal uses and struc- hood in which it is located. tures, 50 feet. Supp. No. 22 CD110:46.6 l 1 1 i ZONING § 110-352 1 (3) Minimum lot depth shall be 100 feet. Sec. 110-339. Offstreet parking and access. 1 (4) Maximum lot coverage shall be 50 per- In the C-1 low density commercial district, 1 cent. offstreet parking and access to a public or private (5) Minimum living or floor area shall be as street shall be provided in accordance with sec- follows: tion 110-466. a. Hotels and motels, 300 square feet (Code 1981, § 637.59) per rental unit. b. Hotel and motel units containing Secs. 110-340-110-350. Reserved. provisions for cooking or light house- keeping, not less than 400 square DIVISION 6. M-1 LIGHT INDUSTRIAL AND feet. RESEARCH AND DEVELOPMENT c. All other principal uses and struc- DISTRICT* tures, 300 square feet. applicability. a (6) The maximum height of all buildings con- Sec. 110-351. Intent; PP � Y 1 structed within the C-1 district shall be 45 feet. (a) The requirements for the M-1 light indus- (Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96; trial and research and development district are intended to apply Ord. No. 24-2006, § 2, 1-2-07) PP Y to an area located in close proximity to transportation facilities and which Sec. 110-337. Minimum setbacks. can serve light manufacturing, research and de- , velopment,distribution and other industrial func- (a) In the C-1 low density commercial district, tions. Restrictions in this division are intended to the minimum setbacks required shall be as fol- minimize adverse influences of the industrial lows: activities. All principal uses permitted in this zone shall be contained in an enclosed structure. (1) Front, 25 feet. (See subsection (b) of this section.) (b) The provisions of this division shall apply i (2) Side (interior lot line), zero feet; 25 feet to all property designated as M-1 light industrial when abutting a residential district. and research and development on the city's offi- ! cial zoning map. Further, those properties zoned (3) Side (corner lot line), 25 feet. M-1 that are located within the boundaries of the (4) Rear, ten feet; 25 feet when abutting a AlA Economic Opportunity Overlay District, es- residential district. tablished pursuant to article X of this chapter, shall be subject to the guidelines and standards of (5) Public or private street, 25 feet. that article. , (Code 1981, § 638.01; Ord. No. 01-2007, § 3, r (b) See section 110-536 for special setbacks. 2-20-07; Ord. No. 11-2012, § 4, 7-17-12) (Code 1981, § 637.55) i i Sec. 110-352. Principal uses and structures. Sec. 110-338. Landscaping, screening and parking. In the M-1 light industrial and research and In the C-1 low density commercial district, development district,the following uses and struc- 1 landscaping, screening and parking shall be pro- tures are permitted, provided any use or group of ; vided pursuant to article IX of this chapter per- uses that are developed, either separately or if 1 taining to supplementary district regulations. *Cross reference Sign regulations in the M-1 light (Code 1981, § 637.57) industrial and research and development district,§94-99. 1 Supp.No. 22 CD110:46.7 A § 110-352 CAPE CANAVERAL CODE developed as a unit with certain site improve- shall be defined according to chapter ments, shared in common, meet requirements of 10, article IV of the Cape Canaveral article IX of this chapter: City Code. (1) General offices, studios, medical and den- b. Prohibited locations. Notwithstand- tal clinics, laboratories, data processing ing any other provision of the zoning and similar uses. ordinance of the city, no person shall cause or permit the establishment of (2) Engineering, laboratory, scientific and re an adult entertainment establish search instrumentation and associated ment or sexually oriented business uses. within 1,000 feet of another such (3) Manufacturing of: establishment or within 1,000 feet of any pre-existing religious institu- a. Instruments for controlling,measur- tion, public park, public library, or ing and indicating physical charac- any residentially zoned district (in- teristics. cluding, but not limited to, R-1, R-2, b. Optical instruments and lenses. R-3) or area designated residential on the city's comprehensive plan fu- c. Surgical, medical and dental instru ture land use map. No person shall ments and supplies. cause or permit the establishment of d. Ophthalmic goods. an adult entertainment establish- e. Watches, clocks, clockwork-operated ment or sexually oriented business devices and parts. within 2,500 feet of an educational institution. No person shall cause or f. Photographic equipment and sup- permit the establishment of a public plies. park, public library, residential land g. Jewelry, silverware, plated ware. use, or religious institution within 1,000 feet, or an educational institu- h. Musical instruments and parts. tion within 2,500 feet, of an existing i. Toys,amusements,sporting and ath adult entertainment establishment letic goods. or sexually oriented business. This provision shall also apply to adult j. Radio,TV,phonograph and electron- entertainment establishments, sex- ics instruments and parts. ually oriented businesses, religious k. Pens, pencils and other office and institutions, public parks, public li- artist materials. braries,educational institutions and areas zoned or designated on a Com- a. Costume jewelry, costume novelties, prehensive Plan for residential use buttons and notions. that lie outside of the city. m. Other similar uses. c. Permissible locations. Notwithstand- (4) Ministorage and storage garages. ing any other provisions of the zon- ing ordinance of the city,except those (5) Paint and body shops. contained in subparagraph b., pro- (6) Motor vehicle repair shops. hibited locations, above, adult enter- tainment establishments and sexu- (7) Adult entertainment establishments and ally oriented businesses shall only sexually oriented businesses, providing it be allowed in the M-1 zoning dis- complies with the following provisions: trict. a. Definitions. Where applicable,words d. Measurement of distance. The dis- or phrases used in this subsection(7) tance between any two adult enter- Supp.No. 22 CD110:46.8 I � I 1 ). k ZONING § 110-352 , tainment establishments or sexually 4 That special conditions and cir- oriented businesses shall be mea- cumstances exist which are pe- sured in a straight line, without re- culiar to the land, building or 1 gard to intervening structures, from proposed business which are not ( the closest exterior structural wall of generally applicable to other each such establishment. The dis- lands,buildings,or adult enter- tance between any adult entertain- tainment or sexually oriented ment establishment or sexually ori- businesses. ented business and any residentially 5. That the variance is the mini- k zoned or designated land, religious mum variance that will make institution, public park, public li- possible the reasonable use of g brary or educational institution shall the subject land and building be measured in a straight line,with- for the intended purpose; and out regard to intervening structures, 6. That the variance does not con from the closest exterior structural fer upon the applicant any spe- ' wall of the adult entertainment es- cial privilege. tablishment or sexually oriented busi- ness to the nearest boundary of the (8) Vocational schools and colleges. area zoned or designated on the com- e (9) Fireworks sales facilities subject to the prehensive plan for residential use, following distance requirements: or nearest property boundary of any 1 religious institution, public library, a. They shall be at least 1,000 feet from public park or educational institu- any pre-existing fireworks sales fa- tion. cilities; e. Reserved. b. They shall be at least 1,000 feet from any pre-existing re-existin residential use or f. Variance. Upon written application property designated residential on I duly filed with the city,the city coun- the city's comprehensive plan future cil, may grant a variance, with or land use map and/or official zoning I without conditions and additional map; safeguards, to the distance require- ! c. The distance shall be measured as ments of subparagraph b. above if it the shortest linear distance between 1 finds: the property line of the proposed 1. That the proposed sales facility and any pre- osed use will not I be contrary to the public inter- existing fireworks sales facilities or I est, detrimental to the public any pre-existing residential use or welfare, or injurious to nearby property designated residential on properties, and that the spirit the city's comprehensive plan future I and intent of the zoning ordi land use map and/or official zoning nance will be observed; map. 2. That all applicable provisions (10) Breweries, with or without tasting rooms ) of this subsection and the city and associated retail sales. sexually oriented business and (11) Tattoo establishments and those body pierc- adult entertainment establish ing establishments required to be licensed ment code will be observed; under F.S. § 381.0075, provided however, 3. That the proposed use will not no such establishment shall be permitted be contrary to any adopted land to locate within 100 feet of any pre- 41 i use plan; existing residential use or any property I i Supp.No. 22 CD110:46.9 I § 110-352 CAPE CANAVERAL CODE ,4420) designated residential on the city's corn- (4) Service stations, subject to the provisions prehensive plan future land use map and/or designated in division 5 of this article for official zoning map. the C-1 district. (Code 1981, § 638.03; Ord. No. 1 96, § 1, 1-30-96; (5) Veterinary hospitals and clinics, subject Ord. No. 17 96, § 4, 10-1-96; Ord. No. 5 99, § 1, to the provisions designated in division 5 9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No. of this article for the C-1 district. 08-2004, § 2, 5-4-04; Ord. No. 13-2004, § 4, 7-20- 04; Ord. No. 03-2011, § 2, 5-17-11; Ord. No. (6) Recycling activities for the collection of 06-2011, § 2, 10-18-11; Ord. No. 08-2012, § 2, nonhazardous materials,provided that all 6-19-12) storage of such materials shall be in ap- proved structures, containers or trailers. Sec. 110-353. Accessory uses and structures. (7) Radio and TV studios. In the M-1 light industrial and research and (8) Shopping centers, provided the shopping development district, accessory uses and struc- center is on a minimum ten-acre plot and tures shall be permitted as follows: has a minimum of 75,000 square feet of (1) Retail sales of products manufactured upon interior space under the roof.All shopping the premises. centers shall be built in conformance with the criteria for the classification of shop- (2) Customary accessory uses of one or more ping centers as set forth in the building of the principal uses, clearly incidental code adopted in section 82-31. and subordinate to the principal use, in keeping with the light industrial and re- (9) Public utility equipment;uses and rights- search and development character of the of-way essential to serve the neighbor- district. hood in which it is located. (Code 1981, § 638.05) (10) Permanent security living facilities, sub- ject to an annual review and the follow- Sec. 110-354. Special exceptions permissi- ble by board of adjustment. ing: a. Maximum size not to exceed 800 (a) In the M-1 light industrial and research square feet. and development district, after public notice and b. Security personnel only; no children hearing, the board of adjustment may permit allowed. special exceptions which are compatible to per- mitted uses and which are able to meet the c. Facility to be used exclusively for minimum requirements and performance stan- security purposes. dards as set forth in this zoning district. (11) Restaurants. (b) The board of adjustment may adjust set- (12) Public buildings. backs and provisions of section 110-566 as deemed necessary and appropriate in granting a special (13) Telecommunications towers,subject to the exception. provisions of section 110-482. (c) Special exceptions may be granted for the (14) Conveyor systems for purposes of moving following: aggregate and other materials, subject to the following: (1) Outside storage, subject to section 110- a. Conveyor systems must be connected 566, where applicable. and adjacent to Port Canaveral. (2) Freight handling facilities; transporta b. Conveyor systems crossing the set tion terminals. back must be constructed in a north- (3) Temporary security facilities, subject to south direction,perpendicular to Port annual review. Canaveral. Supp. No.22 CD110:46.10 1 i I 1 1s ,; Cei ZONING § 110-360 N c. Conveyor systems must be com- (6) The maximum height of all buildings con- pletely enclosed where located within structed within the M-1 zoning district a setback. shall be 45 feet. d. Conveyor systems shall not exceed (Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96) 1 30 feet in height,where located within a setback. Sec. 110-357. Minimum setbacks. e. Conveyor systems in the setbacks (a) In the M-1 light industrial and research shall not be located within 750 feet and development district, the minimum setbacks § from any other existing or approved required shall be as follows: conveyor system(s). This measure- 2 (1) Front, 25 feet. (See subsection (b) of this ment shall be drawn as a straight section.) line connecting the conveyor sys- tems. (2) Side (interior lot line), 15 feet, except (Code 1981,§638.07; Ord.No. 13-95, § 1,9-19-95; where industrial property abuts a residen- 1 Ord. No. 1-96, § 3, 1-30-97; Ord. No. 8-97, § 1, tial district, in which case the minimum 9-2-97; Ord. No. 16-2005, § 2, 10-4-05; Ord. No. side interior lot shall be 25 feet. 01-2007, § 2, 2-20-07; Ord. No. 05-2013, § 2, (3) Side (corner lot line), 25 feet. 3-19-13) Cross reference—Adult entertainment,§ 10-86 et seq. (4) Rear, 15 feet, except where industrial property abuts a residential district, in Sec. 110-355. Prohibited uses and structures. which case the minimum rear yard re- In the M-1 light industrial and research and quirement shall be 25 feet. / Ci development district,the following uses and struc (5) Public or private street, 25 feet. tures are prohibited: (b) See section 110-536 for special setbacks. (1) All uses not specifically or provisionally (Code 1981, § 638.11) permitted in this division and uses not in keeping with the light industrial and re- Sec. 110-358. Landscaping, screening and search and development character of the parking. district. In the M-1 light industrial and research and .A (2) Any use deemed objectionable by the stan-J Y development district, landscaping, screening and dards established in section 110-466 et parking shall be as provided in article IX of this i seq. chapter. (Code 1981, § 638.09) (Code 1981, § 638.13) / Sec. 110-356. Area and dimensions. Sec. 110-359. Performance standards. i In the M-1 light industrial and research and In the M-1 light industrial and research and development district, the area and dimensions development district,performance standards shall I shall be as follows: be as provided in section 110-466 et seq. (1) Minimum lot area shall be 10,000 square (Code 1981, § 638.15) feet. (2) Minimum lot width shall be 75 feet. Sec. 110-360. Parking and loading. i (3) Minimum lot depth shall be 100 feet. In the M-1 light industrial and research and development district,offstreet parking shall be as (4) Maximum lot coverage shall be 50 per provided in section 110-491 et seq. and offstreet i cent. loading shall be as provided in section 110-506 et (5) Minimum floor area shall be 300 square seq. feet. (Code 1981, ch. 638.17) Supp. No. 22 CD110:46.11 , § 110-361 CAPE CANAVERAL CODE Secs. 110-361-110-370. Reserved. (5) Side,corner lot,25 feet;on all nonconform- ing lots of record, 15 feet. DIVISION 7. TOWNHOUSES (Code 1981, § 639.03) Sec. 110-371. Permitted use. Sec. 110-374. Offstreet parking. Townhouses are permitted as an allowed use in For a townhouse, there shall be a minimum of R-2 and R-3 districts. three parking spaces for each living unit located (Code 1981, ch. 639) on the same property as the main building. The minimum of three parking spaces shall be re- Sec. 110-372. Area and dimensions. quired of all living units of three bedrooms or less. Townhouse area and dimensions shall be as Living units containing in excess of three bed follows: rooms shall require an additional parking space for each bedroom in excess of three. (1) Minimum area to be developed shall be (Code 1981, § 639.05) 6,250 square feet. (2) Minimum lot area shall be 1,600 square Sec. 110-375. Utilities. feet. For townhouse utilities, the following shall (3) Minimum lot width shall be 20 feet. apply: (4) Minimum lot depth shall be 70 feet. (1) All utility distribution systems, including (5) Maximum lot coverage by all buildings but not limited to television cable, tele- shall be 40 percent of the site area. phone and electrical systems shall be in- (6) Minimum floor area shall be as follows: stalled underground.Primary facilities pro- viding services to the site may be excluded. a. One bedroom, 650 square feet per dwelling unit. (2) A five-foot public access easement shall be provided along each side and across the b. Two bedrooms, 750 square feet per rear of the site. dwelling unit. (Code 1981, § 639.07) c. Additional bedrooms,200 square feet per bedroom. Sec. 110-376. Reserved. (7) Maximum building length or width shall Editor's note—Ord. No. 09-2007, § 2, adopted Dec. 4, be 185 feet. 2007, repealed § 110-376,which pertained to preservation of trees and derived from Code 1981,§639.09. Until December 31, 1993, 50 and 75-foot-wide nonconforming lots of record may have 16-foot- wide townhouse lots. Sec. 110-377. Individually platted lots. (Code 1981, § 639.03) Each townhouse unit shall be located on an Sec. 110-373. Minimum setbacks. individually platted lot. If there exists areas for common use of the occupants, the plat will not be For townhouses, the minimum setbacks re- approved until satisfactory arrangements are made quired shall be as follows: for maintenance and presented to the city. Indi- (1) Front, 25 feet. vidual maintenance procedures shall be submit- ted to the planning and zoning board to ensure (2) Side, end unit, eight feet. that all public areas in common open spaces shall be maintained in a satisfactory manner without (3) Side, interior unit, zero feet. expense to the city. (4) Rear, 15 feet. (Code 1981, § 639.11) Supp.No. 22 CD110:46.12 I I e ZONING § 110-381 j Sec. 110-378. Building permit. Further, those properties zoned C-2 that are lo- cated within the boundaries of the AlA Economic The townhouse developer must file an applica Opportunity Overlay District, established pursu- tion for a building permit. The application must ant to article X of this chapter, shall be subject to be in a format approved by the building official the guidelines and standards of that article. j and shall include all elements necessary for multi (Ord. No. 4 99, § 1, 7-6-99; Ord. No. 01 2007, § 3, i family construction in accordance with section 110-221 et seq.The expiration date of the building 2-20-07; Ord. No. 11 2012, § 4, 7-17-12) permit shall be in accordance with section 106.6.1 of the building code adopted in section 82-31. Sec. 110-381. Principal uses and structures. (Code 1981, § 639.13) In the C-2 commercial/manufacturing district, Sec. 110-379. Development schedule. the following uses and structures are permitted: A townhouse development schedule shall be 1. Retail stores, sales and display rooms, submitted for review to the planning and zoning and shopping centers. board, who may approve, approve subject to con- 2. Personal service establishments, such as ditions or disapprove.When submitted,the devel beauty shops and barbershops, laundry opment schedule shall indicate the staging of and dry cleaning pickup stations, tailor 1 construction and the staging of open space or shops, daycare and similar uses. 1 other common use areas for conveyance, dedica- tion or reservation;the geographic stages in which 3. Dry cleaning establishments using non- `g the project will be built; the approximate date flammable solvents and cleaning fluids as I � when construction of each stage shall begin; and determined by the fire chief. % its anticipated completion date. Provision for the construction of cultural and recreational facilities 4. Professional offices, studios, medical and which are shown on the site plan shall proceed at dental clinics, laboratories, general of an equivalent or greater rate as the construction fices, business schools, data processing of the dwelling units. and similar uses. (Code 1981, § 639.15) 5. Banks and financial institutions. i 6. Places in which goods are produced and I DIVISION 8. C-2 sold COMMERCIAL/MANUFACTURING DISTRICT old at retail upon the premises. 7. Eating establishments, bakeries and del- 1 Sec. 110-380. Intent; applicability. icatessens. (a) The requirements for the C-2 commercial/ 8. Noncommercial public parks; commercial manufacturing district are intended to apply to indoor playgrounds;clubs and lodges;cul- an area adjacent to major arterial streets,located tural facilities;hospitals;medical and den- adjacent to existing commercial or manufacturing tal clinics; mortuaries and funeral homes 1 uses and convenient to major residential areas. (excluding crematories); government of- This district would be associated with a mix of low fices; schools; adult and youth centers; density commercial and light industrial.The types churches;reading rooms and similar uses. of uses permitted are intended to serve employ- ment and consumer needs of nearby residential 9. Vocational and trade schools not involving 1 neighborhoods,as well as the commercial needs of operations of an industrial nature, such 1 the motorist. All principal uses permitted in this as truck driving schools. x zone shall be contained in an enclosed structure. 10. Repair service establishments, such as (b) The provisions of this division shall apply household appliances,radio,television and to all property designated as C-2 commercial/ similar uses (excluding automobile re- manufacturing on the city's official zoning map. pairs). I Supp.No. 22 CD 110:46.13 § 110-381 CAPE CANAVERAL CODE 11. Automotive service stations, subject to 5. Greasing,oil changes and other the following: lubrication. a. All setbacks shall be no less than 25 6. Sale of cold drinks, package feet from any portion of the building foods, tobacco and similar con including pump islands. venience goods for service sta- tion customers. b. Underground storage is required for 7. Road maps, informational ma all receptacles for combustible mate terials and restroom facilities. rials in excess of 55 gallons. Such storage shall comply with all Envi- h. Vehicles shall not be parked outside ronmental Protection Agency stan- the building for more than four days, dards. such four days to be considered as an accumulated parking time, whether c. The accumulation and storage of consecutive or accumulated. waste petroleum products is forbid- den, unless in compliance with En- i. Uses permissible at a service station vironmental Protection Agency Stan do not include body work, straight dards. ening of body parts, painting, weld- ing (other than minor repairs), stor- d. Curb cuts shall be made in actor- age of automobiles not in operating dance with section 110-493. condition or other work involving e. No service stations shall be erected noise, glare, fumes, smoke or other or located within 150 feet of the characteristics to an extent greater property line of any church,hospital, than normally found in service sta NW) school or park. tions.A service station is not a body shop. f. A visual screen, meeting the specifi j. Automotive parts,new or used,shall cations of section 110-566, shall be not be stored outside. provided along any property line abut- ting a residential district or residen- k. Vehicles are not to be dismantled or tial use. scrapped for parts. g. Services and sales permissible in- Engine and transmission overhaul clude only the following: may be performed only inside the service bays. 1. Spark plugs, batteries, distrib- utor parts,ignition system parts, m. A minimum of two enclosed service vehicle wiring and the like. bays and a customer waiting area must be provided if maintenance and 2. Exhaust system components,en- repairs are a part of the business. gine cooling components, auto- motive air conditioning system n. A minimum building size of 2,000 components, braking system square feet shall be provided. components,vehicle lighting sys- o. No plants (grass, weeds, etc.) shall tem components, radios, steer- be allowed to grow through cracks or ing assembly parts,fuel system joints in the pavement. components and the like. p. Landscaping shall conform to sec- 3. Tire servicing and repair, but tion 110-566. not recapping. q. Service stations shall not be erected 4. Washing and polishing, includ- or located within 2,000 feet of the ing the sale of related materi- property line of another service sta- als. tion. Nal Supp.No. 22 CD110:46.14 ■ 4 ZONING § 110-383 5 1 12. Light manufacturing, including: able to meet the minimum requirements and a. Instruments for controlling,measur performance standards,as set forth in this zoning ! ing and indicating physical charac district. teristics. (b) The board of adjustment may adjust set- b. Optical instruments and lenses. backs and provisions noted in article IX of this chapter as necessary and appropriate in granting i c. Surgical, medical and dental instru- special exceptions. ments and supplies. d. Ophthalmic goods. (c) Special exceptions may be permitted for the following: e. Watches, clocks, clockwork operated 1. Plant nurseries and greenhouses, pro- 1 devices and parts. vided that all outside display of merchan- A f. Photographic equipment and sup- dise are contained within the required plies. setbacks. g. Jewelry, silverware, plated ware. 2. Vocational and trade schools involving h. Musical instruments and parts. operations of an industrial nature. g i. Toys,amusements,sporting and ath- 3. Radio and television studios. ) letic goods. 4. Temporary security facilities, subject to j. Radio,TV,phonograph and electron- annual review. ics instruments and parts. 5. Veterinary hospitals and clinics, subject k. Pens, pencils and other office and to the provisions designated in division 5 artist materials. of this article for the C-1 district. 1 1. Costume jewelry, costume novelties, 6. Sales of new and used automobiles,major buttons and notions. recreational equipment and mobile homes ) with accessory services, subject to the t m. Other similar uses. following: (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2, 10-18-11) a. Outside areas where merchandise is displayed shall be paved. Sec. 110-382. Accessory uses and structures. b. All ingress and egress points to abut- i ting streets shall be marked clearly In the C-2 commercial/manufacturing district, and placed not closer than 30 feet customary accessory uses of one or more of the y y apart on the same street. principal uses, clearly incidental and subordinate c. All servicing and repair activities, to the principal use,in keeping with the commer- 1 cial manufacturing character of the district, are except gasoline pumps, shall be to 1 cated in an enclosed structure. permitted. (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2, d. There shall be no storage of junked 10-18-11) or wrecked automobiles, other than temporary storage, not to exceed 30 s These vehicles shall be within Sec. 110-383. Special exceptions permissi- days. I ble by the board of adjust- an enclosed area and not be visible ment. from outside the property. I (a) In the C-2 commercial/manufacturing dis e. Ingress and egress points shall not trict, after public notice and hearing, the board of be placed so as to endanger pedes- adjustment may permit special exceptions which trian traffic. are compatible to permitted uses and which are 7. Reserved. Supp.No.22 CD110:46.15 3 i i § 110-383 CAPE CANAVERAL CODE 8. Public utility equipment:Uses and rights- 2. Minimum lot width shall be as follows: of-way essential to serve the neighbor- hood in which it is located. a. Service stations, 100 feet. 9. Theaters, drive-in theaters, photographic b. All other principal uses and struc- studios,bookstores and dance studios,un- tures shall be 75 feet. less such uses fall within the scope and restrictions of section 10-86, et seq. 3. Minimum lot depth shall be 100 feet. 10. Carwashes, including polishing and sale 4. Maximum lot coverage shall be 50 per- of related materials. cent. 11. Mini-storage and storage warehouses. 5. Minimum floor area shall be 300 square 12. Commercial establishments which sell, feet. dispense, serve or store alcoholic bever- ages or which permit the consumption of 6. Maximum height shall be 45 feet. alcoholic beverages on their premises sub- (Ord. No. 4-99, § 1, 7-6-99) ject to section 110-171. 13. Vehicle rental facility,as provided in§ 110- Sec. 110-386. Minimum setbacks. 556 of this Code. In the C-2 commercial/manufacturing district, 14. Pain management clinics, subject to the the minimum setbacks required shall be as fol- requirements of section 110-489 of this lows: Code. (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2003, § 2, 1. Front, 25 feet. 3-4-03; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 05-2013, § 2, 3-19-13) a. (See § 110-356 for special setback.) Sec. 110-384. Prohibited uses and structures. 2. Side(interior lot line) 15 feet,except where industrial property abuts a residential In the C-2 commercial/manufacturing district, district, in which case the minimum side the following uses and structures are prohibited: interior lot shall be 25 feet. 1. All uses not specifically or provisionally 3. Side (corner lot line), 25 feet. permitted in this division. 2. Any use which fails to meet performance 4. Rear, 15 feet, except where industrial standards specifications as provided in property abuts a residential district, in section 110-466. which case the minimum rear yard re- quirement shall be 25 feet. 3. Bottle clubs. 4. Crematoriums (animal or human). 5. Public or private street, 25 feet. (Ord. No. 4-99, § 1, 7-6-99) a. (See Section 110-356 for special set- backs.) Sec. 110-385. Area and dimensions. (Ord. No. 4-99, § 1, 7-6-99) In the C-2 commercial/manufacturing district, the following areas and dimensions shall be re- Sec. 110-387. Landscaping, screening and quired: parking. 1. Minimum lot area shall be as follows: In the C-2 commercial/manufacturing district, a. Service stations, 12,000 square feet. landscaping, screening and parking shall be as b. All other principal uses and struc- provided in article IX of this chapter. tures shall be 10,000 square feet. (Ord. No. 4-99, § 1, 7-6-99) Supp.No. 22 CD110:46.16 I i r 1 , 1 3 s ZONING § 110-401 I (11101 <, Sec. 110-388. Performance standards. plan shall specify and clearly illustrate the loca- . tion,relationship,design,nature and character of In the C-2 commercial/manufacturing district, all primary uses, public and private easements, j performance standards shall be as provided in section 110 466, et seq. structures,parking areas,public and private roads and common open space. (Ord. No. 4-99, § 1, 7-6-99) f Development schedule means a comprehensive 4 Sec. 110-389. Parking and loading. statement showing the type and extent of devel- opment to be completed within the various prac- In the C-2 commercial/manufacturing district, ticable time limits and the order in which devel- off-street parking shall be as provided in section opment is to be undertaken. A development 110 491, et seq., and off-street loading shall be as schedule shall contain an exact description of the provided in section 110-506, et seq. specific buildings, facilities, common open space (Ord. No. 4-99, § 1, 7-6-99) and other improvements to be developed at the end of each time period. Secs. 110-390-110-400. Reserved. t Final development plan means the develop- ment plan approved by the city council and re- i ARTICLE VIII. RESIDENTIAL PLANNED corded with the clerk of the circuit court of the UNIT DEVELOPMENTS county according to this article. s Final development plan application means the 1 DIVISION 1. GENERALLY application for approval of the final development plan and for approval of the required exhibits as Sec. 110-401. Definitions. specified in this article. fThe following words, terms and phrases, when Lot means a portion of a block intended for the a used in this article, shall have the meanings construction of one dwelling or the transfer of # ascribed to them in this section, except where the ownership or both. context clearly indicates a different meaning: Preliminary development plan means the de- iBlock means an area delineated within a stage velopment plan approved by the city council and which is subdivided into lots for single units and filed with approval by the city of a residential individual ownership. planned unit development zone. Common open space means a parcel of land or Preliminary development plan application means a combination of land and water within the site the application for approval of the use of a site as designated as a residential planned unit develop- a residential planned unit development and for ment and designed and intended for the use or approval of the required exhibits as specified in t. enjoyment of residents of the residential planned this article. g unit development. Common open space shall be Residential planned unit development orRPUD integrated throughout the residential planned means an area of land developed as a single entity unit development to provide for a linked recre- or in approved stages in conformity with a final ational/open space system. development plan by a developer or group of f Developer means a person who owns land which developers acting jointly,which is totally planned is developed into a residential planned unit devel- to provide for a variety of residential uses and 1 opment and who is actually involved in the con common open space. struction and creation of a residential planned unit development. ' Development plan means the total site plan of the residential planned unit development drawn in conformity with this article. The development I Supp. No. 22 CD110:46.17 i This page is intentionally left blank J 1 ZONING § 110-488 up, shall be located within the residence Sec. 110-488. Assisted living facilities. served. The location shall be approved by Assisted living facilities may only be permitted } the building official. ; by special exception in the R-3 and C-1 zoning (10) One side setback on the property shall districts subject to the general conditions for remain open space in accordance with special exceptions and the following minimum i' this Code. requirements: (Ord. No. 15-2005, § 2, 9-20-05) (a) Front, side and rear setbacks shall be a minimum of 25 feet; setbacks from adja- Sec. 110-485. Liquefied petroleum gas. cent residential lot lines shall be a mini mum of 50 feet. The tank capacity for storage of liquefied pe- (b) Minimum lot area shall be five acres. troleum gas for distribution purposes shall not exceed 1,000 total gallons per lot of record. To the (c) Each assisted living facility unit shall a extent that this section conflicts with a more contain minimum living area of 400 square restrictive provision of any applicable fire safety feet for single bed units and 700 square s code or law, the more restrictive code or law shall feet for double bed units. apply.For purposes of this section,the term"lot of (d) Loading docks and dumpster areas shall k record" shall have the same meaning set forth in conform to the following: section 110-1 and shall also include a combination (1) Loading docks and dumpster areas of contiguous lots of record that are either under shall be directed away from any res- 1 single ownership, unified in title, or used for idential development adjacent to the common development purposes. assisted living facility. (Ord. No. 01-2007, § 2, 2-20-07) (2) Dumpsters shall be visually screened from public view from an adjacent Sec. 110-486. Vacation rentals. public right-of-way or residential de- velopment by fully enclosed screen- Nothing Nothing contained in the City Code shall be ing that is a minimum of six feet in = construed as prohibiting the use of any dwelling height, measured above finished unit as a "vacation rental," as defined by F.S. ch. grade. 509. Vacation rentals shall comply with the min- i imum seven-day rental restriction pursuant to (3) Each enclosure shall include a deco- section 110-487 of the City Code and shall be rative opaque gate that is a mini- mum of six feet in height, measured governed by F.S. ch. 509, the Florida Building Code and the Florida Fire Prevention Code. above finished grade. (Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 02-2011, (4) Each dumpster enclosure shall be § 2, 5-17-11; Ord. No. 06-2012, § 2, 4-17-12) constructed as one of the following: I (A) A masonry wall at a minimum Sec. 110-487. Rental restrictions on dwell- of six feet in height, measured ing units. from finished grade. The ma- sonry wall shall be decoratively It shall be unlawful for any person to rent a finished concrete masonry unit, dwelling for less than seven consecutive days in brick, stucco, pre cast panels, any zoning district, excluding hotels and motels split face block or other mate under subsection 110-332(4), vacation rentals in rial matching the exterior of the C-1 zoning district, and a vacation resort the principal building. campus under section 110-490.1. (B) A combination of fencing and (Ord.No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, landscape buffer. Fencing shall § 2, 4-17-12; Ord. No. 10-2013, § 2, 7-16-13) be fabricated from aluminum, i Supp.No. 22 CD110:67 i i I § 110-488 CAPE CANAVERAL CODE wrought iron, vinyl, brick, or ments related to registration and opera- other approved materials. The tion of the clinic. The designated physi- landscape buffer shall be a min- cian must have a full, active, and imum of five(5)feet in width, a unencumbered license under F.S. ch. 458 minimum of three feet in height, or ch. 459, and shall practice at the clinic 50 percent opaque at planting location for which the physician has as- and capable of attaining a height sumed responsibility. Within ten days af- of six feet and 75 percent ter termination or absence of the medical opaqueness within 24 months. director, the clinic must notify the city of (5) The dumpster shall be located so as the identity of another medical director to facilitate pickup by solid waste for the clinic. collection agencies. (c) There shall be no less than one-half-mile (6) The dumpster enclosure shall not be distance between each pain management placed in drainage flow areas. clinic regardless of the municipal bound- aries of the city. (7) Adequate reinforced paved areas shall be provided for the dumpster and (d) No pain management clinic shall be per- their approaches for loading and un- mitted to locate within 1,000 feet of any loading. public or private school or daycare facility. (8) No part of a dumpster or materials (e) Pain management clinics shall only be stored within the screen area shall permitted to operate between the hours of extend above the dumpster enclo- 9:00 a.m. and 7:00 p.m., Monday through sure. Friday, and 9:00 a.m. to 5:00 p.m. on (9) Chain link, painted or unpainted Saturday. block walls, barbed wire and wood (f) There shall be no outdoor seating areas, are prohibited as part of a dumpster queues, or customer waiting areas. All enclosure. activities of the pain management clinic, (Ord. No. 17-2010, § 2, 11-16-10) including sales, display, preparations and storage,shall be conducted entirely within Sec. 110-489. Pain management clinic regu- an enclosed building. lations. (g) Limiting payment for goods or services to Pain management clinics may only be permit- cash only is prohibited. ted by special exception in the C-1 and C-2 zoning (h) Pain management clinics shall be re- districts, subject to the general conditions for quired to submit to the Brevard County special exceptions and subject to the following Sheriffs Office a daily summary contain- requirements: ing the following information from the (a) Pain management clinics must be regis- prior business day: tered with the state as required by Flor- (i) The total number of prescriptions ida law. Proof of registration, application written that day; for registration, or letter of exemption (ii) The total number of doses of drugs must be provided with the special excep sold and/or dispensed by the pain tion application for the pain management management clinic that day(includ clinic. ing samples), specifying how many (b) Each pain management clinic shall be doses were sold or dispensed; the operated by a medical director who is a person prescribing or dispensing Florida-licensed physician, board-certi- same; and the manner of payment fled in pain medicine, and who shall be by each person who was dispensed responsible for complying with all require- drugs at the clinic that day; and Supp.No. 22 CD110:68 I 1 1 i I ZONING § 110-489 (iii) The state of residence of each person agreement regarding an arrest for, , to whom drugs were prescribed or any felony or crime involving moral I dispensed that day. turpitude. (i) A pain management clinic shall not be (k) No pain management clinic shall be wholly permitted as a home occupation. or partially owned by, or have as a prin- cipal, partner, officer, member, managing (j) No pain management clinic shall be wholly member, or otherwise where the owner is or partially owned by,or have any contrac- an entity, any person who: tual relationship (whether as a principal, (i) Has been convicted of, pled nolo partner, officer, member, managing mem- contendere to, or violated any plea ber, employee, independent contractor, or agreement regarding an arrest for, a otherwise) with any physician, pharma violation of any state, federal, or cist, or any other person who prescribes similar law related to drugs or alco- ) drugs and who, within five years prior to hol; or the receipt of any application for special exception: (ii) Has been convicted of, pled nolo contendere to, or violated any plea (i) Has been suspended, had his or her agreement regarding an arrest for, license revoked, or been subject to any felony or crime involving moral disciplinary action for prescribing, turpitude. dispensing, administering, provid- ing, supplying, or selling any con (1) No pain management clinic shall employ trolled substance in violation of any any person, as an independent contractor or otherwise, who: state, federal, or similar law where such person is licensed to practice; (i) Has been convicted of, pled nolo (ii) Has been convicted of, pled nolo contendere to, or violated any plea contendere to, or violated any plea agreement regarding an arrest for,a agreement regarding ardin an arrest fora violation of any state, federal, or g g similar law related to drugs or alto violation of any state, federal, or similar law related to drugs or alto hol, specifically including but not hol, specifically including but not limited to, prescribing, dispensing, i administering, providing, supplying limited to, prescribing, dispensing, or selling any controlled substance; administering,providing,supplying, or aor selling any controlled substance; (ii) Has been convicted of, pled nolo j (iii) Has been suspended, had his or her contendere to, or violated any plea license revoked, or been subject to agreement regarding an arrest for, disciplinary action by any state,fed any felony or crime involving moral eral, or other governmental entity turpitude within the five years pre- where such person is licensed to prac- ceding the application for special ex- 1 tice; ception. (iv) Has had any state, federal, or other (m) The pain management clinic shall at all 1 governmental entity where such per- times be subject to the requirements of all son is licensed to practice take any applicable federal, state, county and local action against such person's license laws and ordinances, as they may be as a result of dependency on drugs or amended from time to time. alcohol; or (n) Additional application information.An ap- (v) Has been convicted of, pled nolo plicant seeking a special exception for a j contendere to, or violated any plea pain management clinic shall,in addition 1 s 1 Supp.No. 22 CD110:69 S 1 1 § 110-489 CAPE CANAVERAL CODE J to the general application information re- (vii) A floor plan showing the location and quired for special exceptions, provide the nature of adequate security mea- following: sures, including those required by the State of Florida for controlled (i) The pain management clinic's regis substances,to safeguard all drugs to tration number issued by the Florida be dispensed in the course of its Department of Health, as required business. by Florida law. (viii) An affidavit of the medical director, (ii) Name of the medical director, as signed under oath, attesting: required herein,responsible for com- plying with all requirements related (A) That their practice is located at to operation of the pain management the subject pain management clinic and the medical director's Drug clinic; Enforcement Agency number. (B) That no employees of the facil- ity have been convicted of a (iii) A list of all persons associated with drug related felony within the the management or operation of the five years preceding the appli pain management clinic,whether paid cation for special exception; or unpaid, part-time or full-time, in- cluding all contract labor and inde- (C) That the pain management pendent contractors. This list shall clinic will not knowingly em- include, but not be limited to, all ploy any such convicted felons owners,operators,employees and vol- thereafter; and unteers. For persons listed, the fol- (D) That the medical director shall lowing additional information must be required to inform the city be provided: within ten days should the med- (A) Person's title,current home ad- ical director be terminated or dress, telephone number and otherwise leave the affiliation date of birth; of the pain management clinic (B) List of all criminal convictions as medical director. whether misdemeanor or fel- The medical director shall be required to keep ony; that are drug related; all application information updated with the (C) A copy of a current Florida driv city at all times,even after issuance of a special er's license or government is exception, and said information shall be veri- sued photo identification; and fled annually by the city in conjunction with the city's local business tax receipt renewal (D) A set of fingerprints. process. The medical director shall notify the (iv) If the property owner is different city of any change to the information within from the owner of the pain manage- ten days of any new person becoming associ- ated with the pain management clinic or any ment clinic, the applicant shall pro vide the name, address, telephone other change to the application information number and a copy of a Florida driv required herein. Failure to properly maintain er's license or government issued updated information with the city shall be photo identification of the property grounds for revocation of the pain management owner along with the application. clinic special exception. (v) An inventory of diagnostic equip- (p) Any special exception granted for a pain ment to be located at the clinic; management clinic may be temporarily suspended or absolutely revoked by ma- (vi) A natural disaster management plan; jority vote of the board of adjustment at a Supp.No. 22 CD110:70 I ZONING § 110-490.1 1 public hearing, when the board of adjust- Sec. 110-490.1. Vacation resort campus. ment has determined by competent sub i stantial evidence that either: A vacation resort campus is a multiple building property that includes a hotel, condominium, co- (i) The pain management clinic has operative or timeshare plan, or any combination obtained the special exception upon false statements, fraud, thereof, and is also a transient public lodging establishment duly licensed pursuant to F.S. ch. deceit, misleading statements, 509, and in which the units are master planned or suppression of material facts; and organized in a campus arrangement that A (ii) The pain management clinic has meets the following requirements: I committed substantial viola- t tions of the terms and condi- (a) The campus shall be master planned pur- 1 bons on which the special ex- suant to the terms and conditions of a ception was granted; negotiated development agreement ap- t proved by the city council; 4 (iii) The pain management clinic no 1 longer meets the requirements (b) The campus,as used herein,shall contain f of this section or other applica- a minimum of 25 contiguous acres of C-1 ble law; or zoned property or a combination of C-1 (iv) The medical director or any and R-3 zoned property in which a hotel 1 other employee of the pain man- operation must exist within the campus; agement clinic knowingly al- lowed illegal activities to be con- (c) The campus shall have direct access on a ducted on the premises. thoroughfare or high capacity roadway; � Prior to any special exception being revoked, (d) The campus shall provide indoor and out- 1 y door recreational amenities customarily the pain management clinic shall be provided provided by a resort for their guests, such I with minimum due process including notice of as a pool, theater, restaurant, daycare, the grounds for revocation and hearing date, • an opportunity to be heard,the right to present etc.; evidence, and the right to cross-examine ad- verse witnesses. (e) The campus shall include a food service facility that is open to the general public; l (Ord. No. 06-2011, § 2, 10-18-11) i (f) The total number of units in the campus 1 Sec. 110-490. Donation bins prohibited. shall not exceed the maximum density of 1 the underlying zoning category; and It shall be unlawful to deposit, store, keep or I maintain or to permit to be deposited,stored,kept (g) All development criteria shall be gov- or maintained, a donation bin in or on any lot, erned by the underlying zoning category, parcel or tract of land in any zoning district. As including but not limited to building set- used in this section, "donation bin" shall mean backs,building separation,required park any unattended container, receptacle or similar ing,height limits and density, unless oth ) device that is located on any property within the erwise agreed by the city in the master 4 development agreement required by this city used for the solicitation, collection and stor- age of donations of clothing or other salvageable section. personal property. This term does not include (Ord. No. 10-2013, § 2, 7-16-13) recycle bins for the collection of recyclable mate- Editor's note—Ord. No. 10-2013, § 2, adopted July 16, 2013,set out provisions intended for use as§ 110-491.At the rials. editor's discretion,to prevent duplication of section numbers, (Ord. No. 13-2012, § 2, 9-18-12) these provisions have been included as§ 110-490.1. Supp. No. 22 CD110:71 i ts` 1 § 110-491 CAPE CANAVERAL CODE J DIVISION 2. OFFSTREET PARKING* (9) Commercial, office and professional build- ings, excluding medical and dental din- Sec. 110-491. Number of spaces required. ics. One space for each 300 square feet of gross floor area. There shall be provided at the time of the erection or change of use of any main building or (10) Public buildings. One space for each five structure or at the time any main building or seats or seating places or one space for structure is enlarged or increased in capacity, by every 150 square feet of floor area in the adding dwelling units, guestrooms, floor area or main assembly room,whichever is greater. seats,minimum offstreet automobile parking space with adequate provisions for ingress or egress in (11) Residential uses, including single-family, accordance with the following: two-family and multiple-family dwellings and mobile homes. Two spaces for each (1) Auditoriums, theatres, clubs, lodges, res- living unit. taurants and other places of assembly. One space for each three seats or seating (12) Colleges, technical and vocational schools. places or one space for every 100 square One space for each student and faculty feet of floor area of the main assembly member. hall, whichever is greater. (13) Hotels and motels. One space for each (2) Churches, temples or places of worship. sleeping unit plus one space for 12 sleep One space for each four seats or seating ing units for employee parking. places or one space for each 125 square (14) Assisted living facilities. One space for feet of floor area of the main assembly each employee on the largest working hall, whichever is greater. shift plus two spaces for every three units. (3) Hospitals. Two spaces for each patient bed plus one space for each employee on (15) All other uses. To be determined by the the largest work shift. building official, who shall use the ratios established in this section as a standard (4) Libraries, museums. Offstreet parking for determining the requirements. spaces equal in area to 50 percent of the (Code 1981, § 641.01(A); Ord. No. 17-2010, § 2, floor area open to the public. 11-16-10) (5) Manufacturing and industrial uses. One Sec. 110-492. Location of spaces. space for each employee on the largest work shift. (a) Parking spaces for all residential uses shall (6) Medical or dental clinics. Three spaces for be located on the same property as the main each examination or treatment room plus building, except that one-half the total number of one space for each employee. required spaces for multiple-family dwellings,town- houses and mobile homes may be located in a (7) Mortuaries. One space for each five seats common parking facility not more than 200 feet or seating places,exclusive of areas needed distant from the nearest boundary of the site. for ambulances. (8) Nursing or convalescent homes and sani (b) Parking spaces for other uses shall be pro- vided on the same lot or not more than 500 feet tariums. One space for each four patient distant. beds plus one space for each employee on the largest work shift. (c) Parking requirements for two or more uses *Cross references—Requirements for landscape appear- of the same or different types may be satisfied by ance and maintenance, §34-99;buildings and building regu- the allocation of the required number of spaces for lations,ch. 82. each use in a common parking facility. Supp.No. 22 CD110:72 f I i ZONING § 110-493 1 A (d) Required offstreet parking areas for seven (3) Joint use access between abutting proper- or more automobiles shall have individual spaces ties is encouraged and there may be per- marked and shall be so designed,maintained and mitted a single joint use point of access up regulated that no parking or maneuvering shall to 35 feet in width. Service stations shall be on any landscaped buffer,public street,walk or be permitted two openings not to exceed alley and so that any automobile may be parked 35 feet each in width along any abutting „ and unparked without moving another, allowing, however,a driveway of not more than 24 feet total on any street or alley for ingress or egress to the offstreet parking area. (e) Parking spaces, access drives and aisles, and dumpster areas are permitted within set- backs. (f) Temporary parking on unpaved areas may be approved by the city manager or designee as part of a permitted outdoor entertainment event 4 or city special event. Such approval shall apply only to properly licensed, operable motor vehicles for a specified limited duration. (Code 1981, § 641.01(B); Ord. No. 04-2011, § 2, 6-21-11; Ord. No. 06-2013, § 2, 6-18-13) 1 (lei Sec. 110-493. Access. i (a) In order to promote the safety of the motor- ist and the pedestrian and to minimize traffic f congestion and conflict by reducing the magni- tude of and the points of contact, the following 4 shall apply: # (1) A point of access (a driveway or other opening for vehicles onto a public street) o shall not exceed 24 feet in width, except fi as otherwise provided in this division. (2) The maximum number of points of access permitted onto any one street shall be as j follows: Number of Lot Width Abutting Points of Street Access Less than 125 feet 1 Over 125 feet 2 provided; however, that a residential lot of less than 125 feet may have a circle driveway with two points of access pro- vided that it comply with the other terms and conditions of this section. Supp.No. 22 CD110:72.1 I I This page is intentionally left blank J 4 4 ZONING § 110-609 i (111.1 DIVISION 2. ADMINISTRATION tion work on a project, until the building eleva- tions, site plans and other documents required by ' Sec. 110-604. Intent. section 22-44 of this Code have been submitted to J the planning and development department and All projects, as defined in the AlA Economic approved according to the procedures in article III Opportunity Overlay District, shall be reviewed of chapter 22 of this Code. for compliance with this article prior to being (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) issued a building permit. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Sec. 110-607. Plan submittals. f Sec. 110-605. General. A design compatibility approval shall also in- clude the site plan criteria set forth in section The planning official shall have the authority 110-222 of this Code. to render interpretations of this code, to adopt (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) 2 policies and procedures in order to clarify the application of its provisions. Such interpreta- Sec. 110-608. Nonconforming uses, struc- tions, policies and procedures shall be in compli tures and buildings. ance with the intent or purpose of this Code. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Those legally existing uses, structures and buildings that do not comply with the AlA EOOD I Design Guidelines and Standards of this article at Sec. 110-606. Procedures for design compat- a the time of its adoption shall be deemed noncon- 1 ibility approvals. forming and shall be governed by article V of No building permit will be issued for any chapter 110 of this Code. ! Lei project, and no person will perform any construc- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) 1 Sec. 110-609. Use matrix. The AlA Economic Opportunity Overlay District is intended to serve as both the main gateway area into the city as well as the main street to the city's proposed Town Center.The district will have the most intense commercial intensity along AlA and there will be a transition between the land use, circulation, g and streetscape along Central Boulevard. The following land use matrix (Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA). Table 1. Land Use Matrix Uses (not a complete listing)* C-1 C-2 M-1 Retail P P Pl Personal Services P P SE1 Hotels and Motels P Pl SE1 , Banks P P SE1 Assisted Living Facility SE SE1 NA Pharmacies2 P P NA Flex space (office, showroom, warehouse)2 SE SE P Convenience store w/gas2 SE SE P 1 High tech/light manufacturing2 SE P P Warehousing2 NA SE P Off-site cruise ship parking accessory to hotels and SE SE SE motels2 Commercial Parking Facility (minimum lot size of 5 NA NA P3 acres) I Supp.No. 22 CD110:87 I I c1 § 110-609 CAPE CANAVERAL CODE j Table 1. Land Use Matrix Uses (not a complete listing)* C-1 C-2 M-1 Port of Call Facility (Permitted pursuant to a Develop- P (w/DA) P (w/DA) P (w/DA) ment Agreement (DA))1 Attraction and Destination uses' PD PD PD Mixed Use Development uses (i.e. Town Center)" PD PD PD 1 Added use. 2 Use included to clarify intent of Code. 3 Subject to specific screening requirements set forth in section 110-690 of this Code. * Uses not specifically listed may be approved as a Planned Development (PD). (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. 03-2013, § 2, 3-19-13) Sec. 110-610. Similar and compatible uses. (3) Within the AlA Economic Opportunity Over- lay District, site planning and design of new Any use not specifically listed may be autho- buildings and the rehabilitation of existing build- rized by the city council as a planned development ings shall promote continuity of the historic con- on a case-by-case basis. text of buildings (as shown in historic documen- (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) tation)in relationship to the existing pattern and scale of streets,sidewalks and parking.The guide- lines and standards below reinforce the existing Secs. 110-611-110-620. Reserved. historic development patterns (as shown in his- toric documentation) and provide a site planning DIVISION 3. SITE PLANNING framework for both infill developments and reha- bilitation and revitalization of existing buildings. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Sec. 110-621. Intent. Sec. 110-622. LEED or LEED equivalent de- (1) Site planning involves the proper place- sign. ment and orientation of structures, structure (1) Intent: LEED (Leadership in Energy and height, development acreage, open spaces, park- Environmental Design) is a national consensus- ing and pedestrian and vehicular circulation on a based, market-driven building rating system de- given site. The purpose of good site design is to veloped by the U.S. Green Building Council to create a functional and attractive development,to encourage the development and implementation minimize adverse impacts, and to ensure that a of green building practices. This rating system is project will be an asset to the community. incorporated in the categories of site, water, en- ergy,materials,and air quality.The city desires to (2) Proper site planning shall promote har- encourage, where practical, the use of LEED or a mony between new and existing buildings and LEED equivalent rating system in the design of shall be sensitive to the scale, form, height, and projects within the AlA Economic Opportunity proportion of surrounding development. Good de- Overlay District (EOOD). sign with complementary landscaping is a major component in creating vibrant commercial areas (2) Categories: The following LEED or LEED that foster a pleasant and desirable character, equivalent categories shall be considered in the pedestrian activity, and economic vitality. Factors design of projects within the district to the max- such as the size and massing of buildings, the imum extent practical. orientation of storefronts, and circulation greatly a. Sustainable Sites (SS). The project shall influence the quality of the pedestrian experience. include consideration of erosion and sed- Supp.No. 22 CD 110:88 ZONING § 3¢622 imentation control; site sye} ) bo which avoids ae ss such as wetlands, } floodplains, etc.; siting projects to pm ) ) \ � 3 \ � } ' \ ) ; \ ' } � \ � \ � \ ! \ � } 3 } s A.No. ± CD110:8.1 This page is intentionally left blank J I 4 x RAR 4 ZONING § 110-689 i b. Have a minimum of one ten-point tree boundary does not create any visual inter- value as defined in section 110-567 which est or transition on the perimeter be- 1 shall be planted every 35 feet with at least tween adjacent properties. two five-point trees on the minimum 50- 1 e. Commercial parking facilities subject to foot C-1 or 75-foot C-2 lot or commercial j use and three five-point trees on the min- section 110-690 are exempt from this sec- 1 imum 75-foot M-1 lot or industrial use. tion. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. (3) Unless stated otherwise, all other require- 03-2013 § 2, 3-19-13) 1 ments of section 110-566 not listed here, shall apply. Sec. 110-688. Building landscaping. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) (1) Landscaping is required at the base of Sec. 110-687. Project perimeter. buildings to create visual interest and to soften 3 p the contrast of the building and the other vege- 1 tated areas. (1) To create visual interest and transition on the perimeter between adjacent properties,a land- a. A landscaped area shall be provided around 1 scaped area shall be provided between the adja- the base of all buildings oriented toward cent properties and the public right-of-way. public rights-of-way or public parking ar- 1 eas. The rear of the building shall not be a. The landscaped area shall be equal to the full linear length of the property and have included within the landscaped area un 1 a minimum depth of five feet. less it is oriented to a public right-of-way. 4. b. At least 50 percent of the required land- percent of the linear length of the building capable of achieving a minimum of 30 base oriented toward the rights-of-way or inches in height, with one medium or parking areas, with a minimum width of xi large tree planted for each 25 feet or four feet. fraction thereof of the linear property c. At least half of the required landscaped length, or one small tree or palm tree area shall contain landscape material other I planted for each 15 feet or fraction thereof than ground cover,with trees provided at of the linear property length. a ratio of one tree per 200 square feet of 1 c. The layout of the required landscaped required landscaped area or fraction area shall be at the discretion of the thereof. The distribution of the land- scaped areas shall be at the discretion of i owner,such that the required square foot- the owner. age may be aggregated to provide maxi- mum aesthetic value. However, each pe- d. Building landscaping may be applied to- '' rimeter requiring landscape must have at wards meeting the perimeter landscaping least 50 percent of the required landscape requirement in this section. along that perimeter. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) 1 d. Unless otherwise expressly required by this article, the community and economic Sec. 110-689. Surface parking lots. development director may exempt a pe- (1) Buffer off-street parking adjacent to a pub- rimeter boundary from this section if the community and economic development di- , landscaped lic right-of-way or residential buildings with a barrier. rector determines that the perimeter boundary does not abut a public space, a. Interior landscaping for off-street parking including, but not limited to, a public shall conform to the requirements of sec- road, sidewalk or park, and the perimeter tion 110-567 of this Code. i 3 Supp.No. 22 CD110:99 1 ! ■ I § 110-689 CAPE CANAVERAL CODE b. Minimum landscape buffer width be- (b) Chain link fencing or other non-opaque tween the right-of-way and the parking or walls or fences shall be continuously land- vehicular access area along AlA shall be scaped along the outside perimeter with ten feet and five feet along all other streets. shrubs, plus one 10-point tree, as defined c. A knee wall which is at least 30 inches in by section 110-567, every 35 feet in order height is required when an off-street park- to provide an opaque screen. ing area is located within 25 feet of the (Ord. No. 03-2013, § 2 3-19-13) public right-of-way. d. A continuous landscape berm at an aver—Secs. 110-691-110-700. Reserved. age height of 30 inches from grade may be permitted in lieu of a required knee wall. DIVISION 7. SIGNAGE e. A knee wall or berm may be fragmented, staggered, meandering or continuous. Sec. 110-701. Intent. f. A knee wall or berm shall not obstruct any The placement, construction, color, font style, safe sight distance triangle. and graphic composition of signs have a collective g. A knee wall shall be compatible with the impact on the appearance of the entire district. architectural design, material, and color Therefore, signage shall be integrated with the of the principal building of the project. overall design of a building and its surrounding landscape.Signage shall convey a simple straight- h. Lighting shall not be used to create an forward message to identify businesses and/or to attraction, distraction, or commercial assist pedestrians and vehicular traffic in locating signage intent to the wall or berm. their destination. The size, number, location and (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) use of signage are further regulated in chapter 94 of this Code. Sec. 110-690. Required screening for com- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) mercial parking facilities. A commercial parking facility shall include a Sec. 110-702. All signs. fence or wall around the perimeter of the facility. Further, a perimeter boundary landscape buffer (1) Design signage which is incorporated into shall be required when a commercial parking the overall design of a building and complements facility is located adjacent to a non-industrial the facade or architectural element on which it is type use or a public space, including, but not placed. limited to, a public road, sidewalk or park. When a. All signs shall be maintained in good the perimeter boundary is located adjacent to a repair. non-industrial type use the community and eco- nomic development director may exempt a perim- b. Easy to read signs with a brief simple eter boundary from the landscape buffer require- message and a limited array of font styles ment if the landscape buffer would not create any are encouraged. visual interest or transition on the perimeter between adjacent properties (e.g. landscape buf- c. Colors shall be selected to contribute to fer not visible from non-industrial use). Land- the legibility and design integrity of a scape buffers required pursuant to this section sign with sufficient contrast between the shall be consistent with the following: background color and that of the letter or symbol. (a) Opaque walls and fences shall be contin- uously landscaped along the outside pe- d. Signs shall not dominate or obscure the rimeter using shrubs and trees with min- architectural elements of building fa- imal gaps or breaks in between plantings. cades, roofs or landscaped areas. Supp. No. 22 CD110:100 i s 133 E • p i d " ZONING § 110-703 e. Signs may be constructed of metal, stone, wood,recycled composite material or other non-illuminated material. f. Signs made up of channel lettering, hung 3 away from the face of a building such as a projecting sign and or signs perpendicular to the face of a building tend to have a lighter appearance and are permitted. i 1 g. Neon signs and channel lettering are per- ) mitted. ) 1 h. Internal illumination shall be used only for signs composed of individual channel or neon letters or graphics. i. Energy efficient light, such as LED(light- emitting diode) or other current technol- ogy shall be used throughout all signage 3 types. j. The height and width of letters and logos shall be properly proportioned to the sign area on which the sign is to be located. k. Signs shall be scaled to fit within the { boundaries of a storefront or building it is 1 advertising. 1. The exposed backs of all signs visible to the public shall be suitably finished and maintained. a m. Projects or buildings containing more than one storefront shall have a planned coor- dinated sign program that provides con- sistency with regard to height,size,shape, colors and degree of illumination. 4 n. The restoration of historic signage as may be prescribed in recognized preservation 1 guidelines and historic documentation is strongly encouraged. o. No later than 90 days following the clos- in of a business, any related signs shall 1 g � Y � be removed and replaced with blank pan- els or painted out. 4. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Sec. 110-703. Awning signs. J. (1) Develop awning signs that are harmonious I J. with architectural details of the façade and which do not detract from the overall design. a. Signage shall be limited to the skirt (va- lence) of the awning and shall not be on the awning face. 1 ( Supp.No. 22 CD110:100.1 1 , 1 This page is intentionally left blank J I 1 i APPENDIX B—SCHEDULE OF FEES i Number of false alarms Fee per false alarm 1 Seventh and above $200.00 each 1 (g) Alarm malfunction administrative fee 30-31(b) 1 x Number of false alarms Fee per false alarm One through three $0.00 1 1 Fourth $25.00 Fifth $25.00 z Sixth $25.00 Seventh $50.00 each 1 1 Chapter 34. Environment Code 4 Amount Section Article IV Weeds and Dead Vegetation 34-121 I (a) Fees for mowing unimproved platted lots within the city: (1) Avon-by-the-Sea: a. For one lot 26.50 '1 b. For each additional lot under one ownership 19.50 (2) Cape Canaveral Beach Gardens: a. For one lot 32.50 b. For each additional lot under one ownership 26.00 Article VI. Abandoned Property (a) Storage fees, per day 10.00 34-188 Chapter 38. Fire Prevention and Protection Code Amount Section Article IV Fireworks (a) Permit for public display of fireworks 50.00 38-83 Chapter 62. Solid Waste Code Amount Section (a) Collection fees: 62-5 I (1) Single-family, duplex and triplex, per unit per month 7.67 A (2) Mobile home units and individual apartments or condomin- iums, per unit per month 4.74 1 (3) Individual commercial business accounts with trash cans, per unit per month 11.23 (4) Commercial dumpsters used by commercial businesses,apart- ment complexes and condominiums, per containerized yard per month 27.96 1 i ? Supp.No. 22 CDB:7 F f i a 3 CAPE CANAVERAL CODE Code Amount Section (5) Special collection services, in addition to the normally pro- vided twice-weekly service for commercial dumpsters as provided in subsection (4)above, per containerized yard per pick-up 4.00 (6) Recycling service, per dwelling unit 2.21 (7) Roll-off container service (to be billed and collected by Western Waste Industries, Inc.) a. Container delivery, per container 50.00 b. Per pull, per container - 20 cu. yd 135.00 30 cu. yd 160.00 40 cu. yd. 185.00 c. Actual disposal cost shall be added to the pull charge plus 20 percent d. Container rental shall not be charged for a container pulled three or more times per month. For those pulled less than three times, the rent shall not exceed, per month 50.00 e. Dry runs (responding to customer's request, but not being able to pull container) will be charged the same as the delivery rate (b) Recycling service, per dwelling unit per month 2.07 62-12 (c) Roll-off container service, to be billed and collected by Western Waste Industries, Inc.: (1) Container delivery, per container 50.00 (2) Per pull: a. 20 cubic yards, per container 135.00 b. 30 cubic yards, per container 160.00 c. 40 cubic yards, per container 185.00 (3) Actual disposal cost shall be added to the pull charge plus 20 percent. (4) Container rental: a. For a container pulled three or more times per month. No charge b. For containers pulled less than three times, the rent per month shall not exceed 50.00 (5) Dry runs (responding to customer's request but not being able to pull container) will be charged the same as the delivery rate. (d) Processing charge for each bill each month to cover the cost of handling and mailing the bills 0.85 (Res. No. 2003-26, § 1, 6-17-03) j Supp. No. 22 CDB:8 1 i } 3 ) APPENDIX B—SCHEDULE OF FEES ) Chape6. 5re% Sde«ak and OteP2bkPae ] Article III. Excavations C d \ Amount Section \ (a) Permit fee 50.00 6a3 (b) Road cut dep sit 300.00 66-84 ) Chapter 70. Taxatio n ) Article III. Occupational License Tax i ) Code } Amount Section } (a) Transfer of license: \ (1) For transfer of location by same owner 3.0 70-80 } (2) For tran sf £ o ownership %%80 ) 3.00 l } Chapter 78. Util e ) Article II. Sanitary Sewer S stem 1 Code Amount Section ) ) (a) Connection to sewer: } (1) Inspection fee (tap fee) 25.00 7±7 ) ) (2) Laec charge 75.00 78-28 } (b) Wastewater discharge p permit: (1) Initial a/»a ion 75.00 78-99 (2) Renewal (an nual) 20.00 7 8-9 ) ) (c) Reviewing accidental discharge and construction plans and i ) specifications 1 m0 78-99 \ (d) Surcharge forabnormal strength wastes (tiered rate schedule): ) (1) For e c parameter o the fist day 1 m0 78-111 . (2) Progressing upwa% each d y, by increments o 100.00 78-111 ) (3) Maximum for each parameter violation, per da y 1,000.00 78-111 } ' Cl \ s�@No. S CDB:9 , CAPE CANAVERAL CODE (e) Impact fees [Code section 78-121 et seq.]: Sanitary Sewer Impact Fee by Classification and Amount ERUs Amount] Sanitary Sewer Impact Fee per ERU $1.348.80 Residential: (a) Single Family 1.0000 $1,348.80 (b) Multiple Family (Per Dwelling Unit/ERU) 1.0000 $1,348.80 (c) Each Mobile Home Space 1.0000 $1,348.80 Commerciale: (a) Barber and Beauty Shops, per chair 0.3125 $421.50 (b) Bowling Alleys, per lane 0.2083 $281.00 (c) Churches, per seat 0.0125 $16.86 (d) Dentist Office, per dentist 1.0417 $1,405.00 (e) Doctor Office, per doctor 1.0417 $1,405.00 (f) Food Service Operations (1) Restaurant, per seat 0.1667 $224.80 (2) 24-hour Restaurant, per seat 0.2500 $337.20 (3) Bar and Cocktail Lounge, per seat 0.0833 $112.40 (4) Drive-In Restaurant, per car space 0.2083 $281.00 (g) Hospitals, per bed 0.8333 $1,124.00 (h) Hotels, Motels, per room (1) Regular per room 0.4167 $562.00 (2) Resort Hotels, Camps, Cottages per room 0.8333 $1,124.00 (3) Add for establishments with self-service laundry facil- 3.1250 $4.215.00 ities per machine (i) Laundry Facilities, per washing machine 3.1250 $4,215.00 (j) Nursing, Rest Homes, per person 0.4167 $562.00 (k) Office Building, per worker 0.0625 $84.30 (1) Schools, per student 0.0417 $56.20 (m) Service Stations, per water closet and per urinal (1) Open 16 hours per day or less 1.0417 $1,405.00 (2) Open more than 16 hours per day 1.3542 $1,826.50 (n) Shopping Centers without Food or Laundry, per square 0.0004 $0.56 foot or floor space (o) Stores, per bathroom 0.8333 $1,124.00 (p) Theaters, indoor, per seat 0.0167 $22.48 (q) Recreational vehicle space for overnight stay, without wa- 0.2083 $281.00 ter and sewer hookup per vehicle space (r) Recreational vehicle space for overnight stay, with water 0.3125 $421.50 d hookup pr vehicle All Sananitary sewer Sewer oo Impact Fees e shall be determined based on the greater of 1 ERU or the amount calculated pursuant to the above table. 2 Sanitary Sewer Impact Fees for Connections not specifically identified above shall be determined by using greater of the Fixture Unit basis or the Flow Basis. j Supp.No. 22 CDB:10 I i i (100, APPENDIX B-SCHEDULE OF FEES ) Sanitary Sewer Drainage Fixture Units (D.F U.) I Load No. of Load I Factor Types Factor I "A" IIBII "C" 4 Fixture Type AxB = C Automatic clothes washers, commercial (a, g) 3.00 4 Automatic clothes washers, residential t° 2.00 Bathroom group (<_1.6 gpf water closet, toilet, sink, tub 5.00 and shower) (f, h) Bathroom group (>1.6 gpf water closet, toilet, sink, tub 6.00 and shower) (f, h) Bathtub (with or without overhead shower or whirlpool 2.00 I attachments) (b) Bidet 1.00 Combination sink and tray 2.00 Dental lavatory (bathroom sink) 1.00 4 Dental unit or cuspidor 1.00 Dishwashing machine (domestic) (c) 2.00 Drinking fountain 0.50 Emergency floor drains 0.00 Floor drains (d) 2.00 1 Kitchen sink, domestic 2.00 ) Kitchen sink, domestic with food waste grinder 2.00 Laundry tray (1 or 2 compartments) 2.00 I 1 Lavatory (bathroom sink) 1.00 Shower 2.00 Service sink 2.00 ' Sink 2.00 1 Urinal 4.00 4 Urinal, <1 gpf(e) 2.00 Urinal, non water supplies (e) 0.50 Wash sink (circular or multiple) each set of faucets 2.00 Water closet, flushometer tank, public or private (toilet 4.00 only) (e) 1 Water closet, private (1.6 gpf, toilet only) (e) 3.00 Water closet, private (>1.6 gpf, toilet only) (e) 4.00 Water closet, public (1.6 gpf, toilet only) (e) 4.00 1 3 Water closet, public (>1.6 gpf, toilet only) (e) 6.00 Total � D.F.U. Formula ) Total Load Factor: x 15 = GPD GPD /240 = ERUs ERUs x $1.348.80 = * Sanitary Sewer Impact Fee shall be the greater of 1 ERU or the amount calculated based upon above data. 3 * gpf=gallon per flushing cycle. C.) (a) For traps larger than 3",use Table 709.2 of the Florida Plumbing Code adopted by City Code section 82-31. (b) A showerhead over a bathtub or whirlpool bathtub attachment does not increase the drainage fixture unit value. i I 1 Supp.No. 22 CDB:11 1 CAPE CANAVERAL CODE (c) See Sections 709.2 through 709.4 of the Florida Plumbing Code adopted by City Code section 82-31 for methods of computing unit value of fixtures not listed in this table or for rating of devices with intermittent flows. (d) See Sections 709.4 and 704.4 of the Florida Plumbing Code adopted by City Code section 82-31. (e) For the purpose of computing loads on building drains and sewers,water closets and urinals shall not be rated at a lower drainage fixture unit unless the lower values are confirmed by testing. () For fixtures added to a dwelling unit bathroom group,add the DFU value of those additional fixtures to the bathroom group fixture count. (g) See Section 406.3 of the Florida Plumbing Code adopted by City Code section 82-31 for sizing requirements for fixture drain,branch drain,and drainage stack for automatic clothes washer standpipe. (h) Bathroom group is defined in Section 202 of the Florida Plumbing Code adopted by City Code section 82-31. Sanitary Sewer Impact Fee By Flow Basis Flow Basis This method requires that the applicant provide the property's average daily gpd of sewer flow to determine the appropriate Sanitary Sewer Impact Fee amount. This method provides that the property's requested average daily gpd of sewer flow capacity is: 1)divided by the LOS criteria of 240 gpd/ERU; 2)rounding the ERUs to the nearest tenth; and 3)multiply the rounded ERUs by the Sanitary Sewer Impact Fee per ERU. Flow Basis Formula Avg. Daily Sewer Flow (ADSF): ADSF/240 gpd per ERU Round to nearest tenth = x Sanitary Sewer Impact Fee per ERU = Code Amount Section Article III. Service Rates, Deposits and Billing Procedures (a) Deposit for sewer and garbage and trash collection: 78-151 (1) Residential 65.00 (2) Industrial/commercial 200.00 (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 residential 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 branch of government, state,county or municipal,without reference 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) Rental property: Any individual connection held, used or controlled for multiple dwelling units that are rented/leased as a hotel or motel property. Supp. No.22 CDB:12 1 APPENDIX B-SCHEDULE OF FEES (5) Equivalent residential unit (ERU): One ERU shall be equal to one detached residential dwelling 1 unit with an individual water meter of 0.75 inches or less. ERUs for all connections other than: 1 (i) residential dwelling units with an individual water meter of 0.75 inches or less; and (ii) multifamily; shall be pursuant to the following basis: 5 1 ERU Basis k (A) For Single-Family, Commercial and Public Buildings: Meter Size ERU 3 0.75" 1.00 1.0" 2.50 1.5" 5.00 2.0" 8.00 3.0" 15.00 4.0" 25.00 6.0" 60.00 8.0" 80.00 (B) For Rental Property:The number of ERUs for rental property connections shall be equal to 3 the total number of individual dwelling units multiplied by a factor of 0.75 ERU. 2012/13 2013/14 2014/15 2015/16 Customer Charge per Bill All Classes $1.74 $1.83 $1.93 $2.03 1 Readiness to Serve Charge per ERU Single-Family $14.96 $15.71 $16.50 $17.33 Commercial $18.71 $19.65 $20.64 $21.68 Rental Property $14.96 $15.71 $16.50 $17.33 Public Building $14.96 $15.71 $16.50 $17.33 User Rate per 1,000 gallons Single-Family $4.86 $5.11 $5.37 $5.64 Commercial $6.07 $6.38 $6.70 $7.04 Rental Property $4.86 $5.11 $5.37 $5.64 Public Buildings $4.86 $5.11 $5.37 $5.64 Sewer Flat Rate i Multifamily $25.64 $26.93 $28.28 $29.70 g (c) Reserved. ) Code Description Amount Section Article IV. Reclaimed Water I (a) Single-family, townhouse, duplex and triplex unit $475.00 for each required backflow device I (b) Multifamily, apartment complexes, condominium develop- -_ ments and mobile home parks 1 $500.00 for each existing backflow device installed by the property owner a Supp.No. 22 CDB:13 I I CAPE CANAVERAL CODE Code Description Amount Section (c) Commercial and industrial 78-177 $500.00 for each existing backflow device installed by the property owner (d) Reclaimed water rates shall be charged based on Equivalent Reclaimed Irrigation Connections("ERICs")established by the size of the customer's connection to the city's reclaimed water utility system as follows: 1-inch diameter connection = 1 ERIC 2-inch diameter connection = 4 ERICs 4-inch diameter connection = 12 ERICs Each customer class shall be charged the flat rate per ERIC identified below for reclaimed water service. New rates shall take effect on October 1st of each year: Reclaimed Water Flat Rate Per ERIC 2012/13 2013/14 2014/15 2015/16 All Customer Classes1 $6.33 $6.65 $6.99 $7.34 'Does not include wholesale,bulk, large user or other customer under separate contract or agreement with the city. Chapter 80. Vehicles for Hire Article III. Driver's Permit Code Description Amount Section (a) Public vehicle driver's permits: (1) For each permit used 8.00 (2) For each renewal of permit 7.00 Subpart B. Land Development Code Chapter 82. Buildings and Building Regulations 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 $1,001.00 to and including $2,000.00 $75.00 Supp.No. 22 CDB:14 i p1 $ APPENDIX B—SCHEDULE OF FEES , C F Valuation Fee x $2,001.00 to and including $20,000.00 $75.00 for the first$2,000.00 and$5.00 for each additional $1,000 or fraction thereof to and including $20,000.00 F $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 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 thereof to t and including $500,000 $500,001.00 and up $2165.00 for the first$500,000.00 and$3.00 for 1 each additional $1,000 or fraction thereof The total valuation for assessment of permit fees for new structures shall be based on the latest valuation data published by the International Code Council (I.C.C.) For construction work not addressed in the latest valuation data published by the I.C.C., such valuation shall be based upon the actual construction contract price, with satisfactory evidence of 1 same being submitted to the building official, or a construction cost estimate made by the building official, except as otherwise provided in this section. 1 (B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the valuation of the proposed construction exceeds $1,000.00 and plans and/or specifications are required to be submitted, a plan checking fee shall be paid at the time the permit is issued. The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall be in addition to the building permit fee. i When the valuation of the proposed construction exceeds $500,001.00, a nonrefundable plan review 1 deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the anticipated plan review fee. When a dispute exists in the review of the plans and specifications for construction,the applicant may request a hearing before the construction board of adjustment. (C) In addition to any fee or fees charged in subsections(A)and(B),a fee set forth below shall be paid A at the time the permit is issued. Note: Reroofing, remodeling, alterations, additions and repairs permit fees shall be paid in accordance with subsections (A) and (B) only. Plumbing, new, residential, per bathroom $60.00 Plumbing, new, hotel/motel, per unit $60.00 Plumbing, new, commercial, per bathroom $60.00 ' Sewer tap inspection fee $60.00 Electrical, new, single-family $100.00 Electrical, new, multifamily, per unit $75.00 Electrical, new, hotel/motel, per unit $60.00 Electrical, new, commercial, per unit $60.00 Mechanical, new, residential, per unit $75.00 Mechanical, new, hotel/motel, per unit $50.00 Mechanical, new, commercial, per system $50.00 Well, deep or shallow $50.00 Moving of building $150.00 i t I ) Supp.No. 22 CDB:15 I CAPE CANAVERAL CODE Demolition of building $100.00 (D) Other fees: Fire alarm permit Per valuation table "A" plus fire department fee calculation Fire sprinkler permit Per valuation table "A" plus fire department fee calculation Preliminary review of construction plans $50.00 per hour or portion thereof Permit Revision Fee. Minimum half-hour charge $25.00 per half hour Reinspection fee—When extra inspection trips $45.00 are necessary due to partial inspections, wrong address, second call on rejected or condemned work, additional work done after inspection has been made, or work not ready for inspection when called, a charge of$45.00 shall be paid in advance for each additional inspection or at the discretion of the building official on large proj- ects prior to issuance of a certificate of occu- pancy or completion Certificate of Occupancy $50.00 Failure to Obtain an approved Final Inspection $100.00 Work started prior to issuance of permit (ref. Double Permit Fee building code adopted by chapter 82 of this Code) Special Inspection (after-hours, weekend, holi- $50.00 per hour day, arranged two days in advance). Minimum four-hour charge for weekends and holidays Final Inspection. Fine for failure to obtain a fi- $100.00 nal approved inspection for a permit before it expires. No further permits may be issued to any contractor or permit applicant with an out- standing fine or to any contractor with an ex- pired permit due to failure to obtain a final in- spection. Article V. Registration and Maintenance of Properties in Foreclosure Code Amount Section Registration and re-registration fee 200.00 82-119 Chapter 86. Concurrency Management System Code Amount Section (a) Concurrency evaluation review fee: 86-5 (1) Multi-family project, per building 100.00 (2) Commercial project, per building 100.00 Supp.No. 22 CDB:16 I I I APPENDIX B--SCHEDULE OF FEES Code i Amount Section (3) Single-family home 100.00 1 1 (4) Improvements of insignificant impact (as defined by Ordi- nance No. 3-90) 20.00 (b) Reservation of priority of an applicant over subsequent applica- tions is by prepayment of concurrency review fees 86-7 Chapter 90. Floods Article IV Stormwater Management 1 I Code Amount Section (a) Permit fee: I Site development project construction cost up to and including $100,000.00 $1,000.00 1 Site development project construction cost exceeding 1% of con- $100,000.00 struction cost 90-131 (b) Inspection fee 90-195 , c, Chapter 94. Signs I (a) Permit fee shall be calculated on actual contract cost using sub- section (a) of Chapter 82 of Appendix B i (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 non- 94-81 residential signs greater than 12 sq. ft. 50.00 and 94-4(7) i I Chapter 98. Subdivisions 1 Code 1 Amount Section (a) Variance application fee 250.00 98-4 (b) Plat fee schedule. The fee schedule for review of replat/subdivi- Sion of land shall be: 98-53 a E (1) One, two or three lots 37.50 I (2) Four or more lots 50.00 Plus $7.50 per lot, not to exceed $500.00 s 1 (c) Resubmission. Changes to approved replat/subdivision of land < shall be charged at a rate equal to 50 percent of the original fee. I A 1 Supp.No.22 CDB:17 i 3 1 CAPE CANAVERAL CODE "%lad) Chapter 102.Vegetation Article II. Thee Protection Code Amount Section (a) Removal of tree in lieu of replacement, per inch of dbh 50.00 102-41 Chapter 110. Zoning. Code Amount Section (a) Application for rezoning 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 (2) Resubmission. Changes to originally approved site plans shall be charged at a rate equal to 50 percent of the origi- nal fee. (f) Fence height exemption filing fee 35.00 110-470 (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; Ord. No. 13-2004, §3, 7-20-04; Res. No. 2007-25, § 1(Exh.A), 9-18-07; Res. No. 2009-19, § 2(Exh.A), 8-4-09; Ord. No. 05-2009, § 4, 9-15-09; Res. No. 2009-19, § 2(Exh. A), 9-1-09; Res. No. 2010-05, § 2, 3-2-10; Res. No. 2010-22, § 2, 10-19-10; Res. No. 2010-34, § 2, 12-21-10; Res. No. 2011-29, § 3, 11-15-11; Res. No. 2012-05, § 2, 4-17-12, eff. 10-1-12; Res. No. 2012-06, §2, 4-7-12, eff. 10-1-12; Res. No. 2012-08, §2, 5-15-12; Res. No. 2013-13, § 3, 8-20-13; Res. No. 2013-14, §2, 8-20-13) 3 Supp.No. 22 CDB:18 I i 4 i i i CODE COMPARATIVE TABLE 1 Ordinance/ 1 Resolution Section a Number Date Section this Code f 110-221 110-222 110-223 110-224 1 15-2011 12-20-11 2 Added 10-46(e),(I) 10-47 1 01-2012 2-21-12 2 82-31 02-2012 3-20-12 2 110-1 11 110-171 2012-05(Res.) 4-17-12 2 App.B,Ch. 78,Art. IV 2012-06(Res.) 4-17-12 2 App. B,Ch. 78,Art. III 04-2012 4-17-12 2 78-180 05-2012 4-17-12 2 78-152 06-2012 4-17-12 2 110-1 110-271 110-291 110-311 Rpld 110-332(15) 110-486 110-487 3 2-283(a)(10) 1 07-2012 5-15-12 2 Added 82-116-82-125 3 Added 2-283(a)(13) I 13 2012-08(Res.) 5-15-12 2 Added App. B,Ch.82,Art. 1 V 08-2012 6-19-12 2 Added 110-352(11) 3 09-2012 6-19-12 2 2-283(a)(10) 3 Rpld 62-2 10-2012 7-17-12 2 2-56 ) 11-2012 7-17-12 2(Exh.A) Added 110-585-110-592, 110-604-110-610, 110-621-110-629, 110-641-110-656, 1 110-668-110-671, 1 110-683-110-689, 110-701-110-708 3(Exh. B) Added 110-720-110-727, 1 110-740-110-743 1 4 110-331 110-351 110-380 13-2012 9-18-12 2 Added 110-490 16-2012 12-18-12 2 70-29(a) 1 17-2012 10-16-12 2 Added 38-8 I 18-2012 11-20-12 2 2-209 1 2-210 1 2-211 1 Added 2-212 21-2012 12-18-12 2 Added 2-283(a)(14) 1 3 94-5(b) 23-2012 12-18-12 2 Added 22-50 03-2013 3-19-13 2 110-1 110-609 I Added 110-687(1)d.,e. 1, CI s e Supp.No. 22 CCT:25 i CAPE CANAVERAL CODE Ordinance/ Resolution Section Number Date Section this Code Added 110-690 04-2013 3-19-13 2 110-1 05-2013 3-19-13 2 110-1 Rpld 110-334(c)(11) 110-354(c)(1) Rpld 110-383(c)(7) 06-2013 6-18-13 2 110-1 Added 110-492(f) 07-2013 6-18-13 2 Added 78-400-78-413 08-2013 7-16-13 2 90-120 90-131 90-132(6) 90-134(12) Added 90-200-90-207 3 Added 2-283(a)(15) 09-2013 8-20-13 2 78-121-78-123 78-128 2013-13(Res.) 8-20-13 3 App. B,Ch. 78,Art. II,(e) 2013-14(Res.) 8-20-13 2 App.B,Ch. 90 10-2013 7-16-13 2 110-487 Added 110-490.1 j 3 Supp. No. 22 CCT:26 I 1 I i 3 ti i 7 STATE LAW REFERENCE TABLE 1 This table shows the location within this Charter and Code,either in the text or notes following ) the text,of references to the Florida Statutes. F.S. Section F.S. Section Section this Code Section this Code I 1.01 1-2 163.387 22-50 34.191 Ch. 50 163.3161-163.3211 58-57 ch. 50 2-288 163.3174 58-56 1 50.041 2-288 163.3178 82-93 50.051 2-288 163.3180(12) 86-22 60.05 2-292 86-26 2-296 163.3180(16) 86-21 2-297 163.3180(16)(b)1 86-23 ) chs.97-106 Ch. 26 163.3180(16)(e) 86-25 4 26-1 163.3220 86-2 101.657 26-5 ch. 166 110-37 ch. 106 Char. §7.02 110-37(a) ch. 112,pt. III Char. § 7.01 166.021(1) App.A,Art. II 112.061 2-300 166.021(10) 2-300 1 112.3135 Char.,§7.03 166.04 110-137 112.3143 2-67 166.041 1-11 ch. 119 78-98 10-87 119.011 2-116 110-137(e) 119.021 2-116 166.046 App.A,Art. I 4 161.041 82-85 166.101 Ch. 2,Art.V I 161.053 Ch. 14,Art. III 166.101 et seq. Ch. 70 / 161.52 et seq. Ch.82,Art. IV 166.222 82-322 161.55(1)(d) 82-94 166.231 Ch. 70,Art.II 82-81 70-27 i` 161.142 Ch. 14,Art.III 166.231(1)(b) 70-29 161.161 Ch. 14,Art. III 166.232 Ch. 70,Art. II 161.163 Ch. 14,Art. III 166.3164 115-1(7) 4 ch. 162 Ch. 2,Art.VI 167.22 App.A,Art. III,§8 k 2-256 ch. 170 90-192 2-258 ch. 177 Ch. 98 { 2-260 98-1 2-281 98-31 2-282 98-41 1 2-296 98-58 4 10-92 110-423 34-42 177.25 et seq. 110-222 82-400(f) ch. 192 et seq. Ch. 70 91-7 193.1142 22-50 102-37 ch. 194 102-36 ) 162.05 2-257 203.012 70-26 i 162.09(3) 78-60 ch. 205 Ch. 70,Art. III 162.21(6) 2-287(e) 70-83 4 162.22 10-92 205.043(2),(3) 70-81 ch. 163 22-50 205.053 70-75 1 58-56 205.053(1) 70-74 i110-37(a) 70-76 1 9 I t Supp. No. 22 SLT:1 4 1 CAPE CANAVERAL CODE F.S. Section F.S. Section Section this Code Section this Code 205.053(2) 70-75 489.132(1) 82-375 205.053(3) 70-75 82-377 215.85 2-206 489.501 et seq. 30-26 ch. 286 Ch. 2,Art. II,Div.3 501.160 18-5 ch. 316 74-1 ch. 509 110-1 74-63 110-486 286.0115 2-66 110-490.1 316.003 74-56.5 ch. 515 110-582 316.194 74-56 ch. 517 10-86 316.195 34-34 ch. 553 Ch. 82 316.293 Ch. 34,Art.V 82-321 316.1936 Ch. 6,Art.III,Div. 2 553.36(12) 82-81 316.1945 74-56 110-1 Ch. 318 74-63 553.71 82-322 320.823 82-81 553.71(7) 82-322 82-88 553.73(8) 82-400(e) Ch. 337 66-1 553.77 82-322 339.155 86-29 553.79 2-286(f) 370.12 Ch. 14,Art. III 82-322 373.185(1)(6) 110-685 553.79(7) 82-323 380.04 86-2 553.80 2-286(f) ch. 381 10-163 553.900 Ch. 82,Art. IX 381.0075 110-352 556 App.A,art. III, ch. 386,pt. I 10-62 § 13.5 ....) 402.302 110-1 ch. 561 6-52 ch.403 78-275 6-53 403.91 et seq. Ch. 106,Art. II 10-108 403.413 Ch. 34,Art. II chs. 561-568 110-171(a)(2) 403.415 Ch. 34,Art.V 110-172 403.702 et seq. Ch. 62 ch. 561 et seq. Ch. 6 403.7046 62-4 561.01 6-51 403.801 et seq. 106-29 561.01(4)(a) 110-1 ch. 458 110-489 ch. 562 10-108 458.3265 110-1 562.14 6-26.6-27 ch. 459 110-489 562.45 6-27 459.0137 110-1 ch. 563 10-108 ch.468 82-32 ch. 564 10-108 82-148 ch. 565 10-108 ch. 470 62-1 565.02(4) 110-171 ch.471 82-322 581.091 110-684 471.003 82-322 ch. 633 Ch.38 471.005 82-322 633.022 Ch. 38,Art. II ch.480 10-90 633.025 Ch. 38,Art. II, ch. 481 82-322 98-114(o) 489.105 82-322 633.025(1) 38-26 489.119 82-322 633.025(3) 38-28 489.127 82-375 658.98 2-206 82-377 ch. 705 34-180 489.127(2) 82-379 705.101 et seq. Ch. 34,Art.VI 489.127(5)(j) 82-384 ch. 718 78-276 489.127(5)(m) 82-380 110-404 489.129 82-322 110-723 489.131(3)(e) 70-85 36- 85 760.34 36-4 Supp.No. 22 SLT:2 i 1 1 1 STATE LAW REFERENCE TABLE t F y F.S. Section F.S. Section 1 Section this Code Section this Code 1 Y 768.28 Char.Art.XXIV, 2-294 § 11, ch. 895 10-108 Char.Art.XXIV, 893.13 10-86 ) § 12 ch. 943 2-284 li ch. 769 10-87 943.25(13) 50-3 s" 775.082 2-286(e) Ch. 50 1 50-1 `1 775.083 2-286(e) Ch. 50 50-1 4 790.01 18-3 790.15 50-1 ch. 791 Ch. 38,Art. IV 3 791.01 110-1 1 791.01(4)(b) 38-81 110-1 110-1 ch. 794 10-90 i 10-108 80-1 ch. 796 10-90 10-108 80-1 796.07 2-293 ch.800 10-90 ;4 10-108 ? 80-1 800.03 10-90 806.111 10-86 ch. 810 80-1 ch.812 80-1 812.019 2-293 ch. 817 80-1 s ch. 826 10-90 10-108 g ch. 827 10-90 10-108 1 839.13 1-13 ch. 847 10-90 1 10-169 , 847.013 10-90 847.0133 10-90 847.0134 10-101 ch.849 10-200 870.041 et seq. Ch. 18 874.03 2-293 877.03 10-86 ch. 893 2-293 10-108 80-1 893.138 2-292 2-293 Supp.No. 22 SLT:3 1 1 k i This page is intentionally left blank J i 3 i 1 1 CODE INDEX Section Section * A ADULT ENTERTAINMENT ESTABLISH- 1 MENTS. See: SEXUALLY ORIENTED ) ABANDONED PROPERTY BUSINESSES, ADULT ENTERTAIN- ) Additional remedies 34-179 MENT ESTABLISHMENTS Code enforcement board hearing proce- ADVERTISING 4 dures Loudspeakers, sound amplifiers, etc., use Conduct 34-183(b) for 1 Issuance,filin of board order 34-183(d) g Noises,enumeration of prohibited 34-153(3) 1 Setting date;notice 34-183(a) Signs Compliance with notice or order to remove; Land development code regulations.... 94-1 et seq. i removal by city upon noncompliance 34-184 See: LAND DEVELOPMENT CODE Definitions 34-176 1 AFFIRMATION.See:OATH,AFFIRMATION, Disposition of property removed by city34-186 Entry upon private property authorized 34-177 SWEAR OR SWORN Liability of owner for towing, storage ex- AGENCIES OF CITY. See: DEPARTMENTS 1 penses; collection of lien on private AND OTHER AGENCIES OF CITY property 34-188 Notice to abate AGENDA ' Contents 34-182(b) City council 2-60 z Insurance 34-182(a) AGREEMENTS. See: CONTRACTS AND Notification of owner following removal by AGREEMENTS ry city AIRCRAFT Contents of notice 34-185(c) Documentation filed with state 34-185(e) Litter dropping from aircraft 34-35 Notice by publication 34-185(d) ALARM SYSTEMS Notice to owner 34-185(a) Appeals 30-33 State,other official agencies,notice to.. 34-185(b) Application for permit;emergency notifica- Penalty 34-178 tion;reporting changes in notification 30-28 1 Property abandoned or lost on public prop- Audible sound systems 30-38 erty 34-180 Automatic telephone direct dialing device; Redemption prior to sale by city 34-187 digital alarm communicator system . 30-37 7 Signs and hazardous signs 94-62 Definitions 30-26 Disconnection 30-32 Storing,parking or leaving on private prop- , Failure to disconnect; unauthorized re- erty 34-181 connection 30-34 Zoning; abandoned variance or special ex- Fees charged;malfunction,false alarms 30-31 ception 110-32 Fees schedule in general. See: FEES (Ap- pendix B) ACCESS Issuance,permit;posting 30-29 I Franchise regulations in general. See: Operations 30-39 } FRANCHISES(Appendix A) Penalty;enforcement 30-35 s Land development code regulations re zon- Permit(alarm)required;fee;renewal 30-27 # ing 110-26 et seq. Reconnection 30-36 See:LAND DEVELOPMENT CODE Response to activation; owner response, Stormwater drainage false alarm,corrective action 30-30 f Illicit discharge and connection Suspension of MS4 access 78-407 ALCOHOLIC BEVERAGES Adult entertainment 1 ACCESSORY STRUCTURES Establishments,operation of I Land development code regulations re zon- Hours of operation 6-26 = ing 110-26 et seq. Nudity on premises where served, g consumed or stored 6-27 See:LAND DEVELOPMENT CODE Land development code regulations re zon- 1 ACCIDENTS ing 110-26 et seq. { Vehicles for hire See:LAND DEVELOPMENT CODE Report of accidents 80-88 Motor vehicles Definitions 6-66 ACTIONS. See: SUITS, ACTIONS AND Exceptions 6-69 OTHER PROCEEDINGS Open containers prohibited 6-68 1 1 Supp.No. 22 CDi:1 i 1 i CAPE CANAVERAL CODE Section Section ALCOHOLIC BEVERAGES(Cont'd.) ANNEXATIONS(Cont'd.) Policy and intents 6-67 Land development code regulations re zon- Ocean beach 6-53 ing 110-26 et seq. Open containers See: LAND DEVELOPMENT CODE Prohibited in motor vehicles 6-68 Outdoor entertainment events ANNUAL BUDGET. See: BUDGET Permit;alcohol sales and consumption. 10-62 APPROPRIATIONS Parking areas Certain ordinances not affected by Code.. 1-10(a)(6) Possession and consumption 6-51 Parks and recreation areas ASSOCIATIONS Possession and consumption 6-52 Persons; definitions and rules of construe- Penalty 6-1 tion extended and applied to 1-2 Streets, alleys, sidewalks and parking ar- eas,possession and consumption in . 6-51 ATOMIC ENERGY USES Vehicles for hire 80-87 Land development code regulations re zon- ing 110-26 et seq. ALLEYS.See:STREETS,SIDEWALKS AND See: LAND DEVELOPMENT CODE OTHER PUBLIC WAYS ATTORNEY. See: CITY ATTORNEY AMUSEMENTS AND AMUSEMENT PLACES Outdoor entertainment events 10-46 et seq. AUDIO ALARMS. See:ALARM SYSTEMS See: OUTDOOR ENTERTAINMENT EVENTS AUTOMATED TELEPHONE ALARM SYS- Sexually oriented businesses, adult enter- TEMS. See:ALARM SYSTEMS tainment establishments 10-86 et seq. AUTOMOBILES. See: MOTOR VEHICLES Slot machines or devices 10-200 et seq. AND TRAFFIC ANIMALS AND FOWL AWNINGS OR CANOPIES Animal control officer 14-27 Signs 3 Beaches Land development code regulations.... 94-1 et seq. Animals prohibited on 14-28 See: LAND DEVELOPMENT CODE Bees and beehives prohibited 14-3 Bird sanctuary Designation of 14-2 B County animal control ordinance Adopted 14-26 BEACHES Animal control officer 14-27 Alcoholic beverage possession on Ocean Parks and beaches beach 6-53 Animals prohibited on 14-28 Animals prohibited on beaches 14-28 Noises,enumeration of prohibited 34-153(5) Dune parking prohibited 74-59 Outdoor entertainment events Parks and recreation Permit;turtle protection 10-68 Commercial beach vendor franchises... 54-5 Parks Sea turtles generally 14-51 et seq. Animals prohibited in 14-28 See:ANIMALS AND FOWL Penalty 14-1 Sleeping and camping in public areas and Sanctuary beaches 50-4 Sanctuary,designation of 14-2 Street excavations 66-61 et seq. Sea turtles See: STREETS, SIDEWALKS AND Beach activities 14-58 OTHER PUBLIC WAYS Definitions 14-52 Wetlands protection 106-26 et seq. Enforcement and penalty 14-53 See: LAND DEVELOPMENT CODE Exemptions 14-54 BEER. See:ALCOHOLIC BEVERAGES Existing development 14-56 New development 14-55 BEES AND BEEHIVES.See:ANIMALS AND Publicly owned lighting 14-57 FOWL Purpose and scope 14-51 BIDS AND BIDDING ANNEXATIONS Bidders Certain ordinances not affected by Code 1-10(a)(13) City bidders list 2-218(2) Franchise regulations in general. See: Purchasing generally 2-216 et seq. FRANCHISES(Appendix A) See:PURCHASES AND PURCHASING Supp.No. 22 CDi:2 I 4 1 col CODE INDEX Section Section I BILLBOARD.See:SIGNS AND BILLBOARDS BOATS,DOCKS AND WATERWAYS(Cont'd.) Vessel control and water safety BIRDS. See:ANIMALS AND FOWL Area of enforcement 54-48 BLIGHT Careful and prudent operation required 54-50 Property maintenance standards 34-91 et seq. Definitions 54-47 i See: PROPERTY MAINTENANCE Designation of areas of regulated water 1 STANDARDS activities 54-52 Designating additional areas of regu- BLOCKS lated water activities,procedure 1 Subdivisions for 54-53 Land development code regulations.... 98-1 et seq. Enforcement See: LAND DEVELOPMENT CODE Area of enforcement 54-48 f Means of enforcement 54-49 BOARDS, COMMITTEES AND COMMIS- Penalties 54-55 SIGNS Exemptions 54-54 Board of adjustment 110-2 Means of enforcement 54-49 t See:LAND DEVELOPMENT CODE Penalties 54-55 Business and cultural development board. 22-26 et seq. Purpose and findings 54-46 See: BUSINESS AND CULTURAL DE- Speed not to be greater than what is VELOPMENT BOARD reasonable under the conditions 54-51 Code enforcement board 2-256 et seq. Water safety. See herein: Vessel Control See: CODE ENFORCEMENT BOARD and Water Safety Code of conduct 2-172 Wetlands protection 106-26 et seq. Community appearance review board .... 22-36 et seq. See: LAND DEVELOPMENT CODE See:COMMUNITY APPEARANCE RE- Zoning regulations VIEW BOARD Boats,vessels and boat trailers Construction board of adjustments and ap- Living aboard 110-552 ` peals 82-32 et seq. Living or residing in boats, utility (60, Building code. See: LAND DEVELOP- trailers,recreational vehicles and MENT CODE special purpose vehicles 110-553 Y Criminal nuisance abatement board 2-292 et seq. Location of 110-551 { See: CODE ENFORCEMENT Parking and storage 110-554 Culture and leisure services board 54-26 et seq. See: PARKS AND RECREATION BODIES OF WATER. See: BOATS, DOCKS Definitions and rules of construction 1-2 AND WATERWAYS 3 Delegation of authority BODIES POLITIC AND CORPORATE Definitions and rules of construction 1-2 Persons;definitions and rules of construc- ,n Joint authority tion extended and applied to 1-2 1 1 Definitions and rules of construction... 1-2 Library board 46-26 et seq. BONDS,SURETY OR PERFORMANCE I See:LIBRARY Certain ordinances not affected by Code.. 1-10(a)(2) Planning and zoning board 110-3 Franchise regulations generally.See:FRAN- See: LAND DEVELOPMENT CODE CHISES(Appendix A) '` Uniform procedures and requirements2-171 Purchasing regulations 2-218(9) 1 Signs BOATS,DOCKS AND WATERWAYS Land development code regulations 94-1 et seq. Exhaust of motorboats See: LAND DEVELOPMENT CODE 1 Noises,enumeration of prohibited 34-153(6) Flood damage prevention 90-26 et seq. BOOKS See: LAND DEVELOPMENT CODE Library 46-1 et seq. Land development code regulations re zon- See:LIBRARY 3 ing 110-26 et seq. BOTTLED GAS See:LAND DEVELOPMENT CODE Public service tax 70-26 et seq. Litter, throwing in river or other body of See:TAXATION water 34-36 Outdoor entertainment events BOUNDARIES $ Permit;water craft,use of 10-71 Corporate limits Stormwater drainage Definitions and rules of construction... 1-2 4 Illicit discharge and connection Franchise regulations in general. See: Watercourse protection 78-411 FRANCHISES(Appendix A) x , i Supp.No. 22 CDi:3 t i i CAPE CANAVERAL CODE Section Section BOUNDARIES(Cont'd.) BUILDINGS(Cont'd.) Land development code regulations re zon- Plan checking fee ing 110-26 et seq. Fees schedule in general. See: FEES See:LAND DEVELOPMENT CODE (Appendix B) Public service tax 70-26 et seq. BREVARD COUNTY. See: COUNTY See:TAXATION BRIDGES Registration and maintenance of proper- ties in foreclosure 82-116 et seq. Subdivisions See: PROPERTY Land development code regulations.... 98-1 et seq. Sanitary sewer system 78-26 et seq. See:LAND DEVELOPMENT CODE See: SEWERS AND SEWAGE DIS- BRUSH.See:WEEDS AND DEAD VEGETA- POSAL TION Street excavations 66-61 et seq. See: STREETS, SIDEWALKS AND BUDGET OTHER PUBLIC WAYS City manager Weeds and dead vegetation 34-121 et seq. Powers and duties 2-101(4) See: WEEDS AND DEAD VEGETA- TION BUFFERS AND BUFFERING BULK CONTAINERS Flood damage prevention 90-26 et seq. Solid waste 62-1 et seq. See:LAND DEVELOPMENT CODE See: SOLID WASTE Tree protection,land clearing 102-36 et seq. See: LAND DEVELOPMENT CODE BULKHEADS Subdivisions BUILDINGS. See also: LAND DEVELOP- Land development code regulations.... 98-1 et seq. MENT CODE See: LAND DEVELOPMENT CODE Building appearance and maintenance 34-98 BURGLAR ALARMS.See:ALARM SYSTEMS Building code Generally 82-31 et seq. BURNING Unsafe building abatement code 82-56 et seq. Solid waste 62-11(b) Buildings and building regulations. See: LAND DEVELOPMENT BURYING/BURIAL CODE Solid waste 62-11(c) Building sewers and connections 78-76 et seq. Trash,rubble or other debris 34-41 See: SEWERS AND SEWAGE DIS- BUSINESS AND CULTURAL DEVELOP- POSAL MENT BOARD Community appearance review board .... 22-36 et seq. Advisory capacity 22-34 See:COMMUNITY APPEARANCE RE- Composition 22-28 VIEW BOARD Definitions 22-26 Concurrency management 86-1 et seq. Established 22-27 See:LAND DEVELOPMENT CODE Indebtedness 22-35 Construction noise 34-154 Purpose and duties 22-33 Fees schedule in general. See: FEES (Ap- BUSINESSES pendix B) Land development code Flood damage prevention 90-26 et seq. Zoning See: LAND DEVELOPMENT CODE AlA Economic Opportunity Overlay Franchise regulations generally.See:FRAN- District CHISES(Appendix A) Landscaping;required screening for Impact fees 2-231 et seq. commercial parking facilities 110-690 See: IMPACT FEES Local business tax 70-66 et seq. Land development code regulations re zon- See:TAXATION ing 110-26 et seq. Outdoor entertainment events See: LAND DEVELOPMENT CODE Local business tax receipt required .... 10-49 Local planning agency 58-56 et seq. Parks and recreation See:PLANNING AND DEVELOPMENT Commercial beach vendor franchises... 54-5 Old building sewers 78-80 Sexually oriented businesses, adult enter- Permits and miscellaneous fees tainment establishments Fees schedule in general. See: FEES Local business tax receipts/home occu- (Appendix B) pations 10-128 Supp. No. 22 CDi:4 J CODE INDEX 4 C I Section Section BUSINESSES(Cont'd.) CITY(Cont'd.) 1 Solicitors,peddlers and itinerant vendors. 16-26 et seq. Corporate limits See: PEDDLERS, CANVASSERS AND Definitions and rules of construction1-2 ' SOLICITORS Definitions and rules of construction 1-2 ' Solid waste 62-1 et seq. Flood damage prevention 90-26 et seq. See: SOLID WASTE See:LAND DEVELOPMENT CODE Franchise regulations in general. See: C FRANCHISES(Appendix A) Library board CABLE TELEVISION Liability of city limited 46-31 Franchise regulation generally.See:FRAN- Solid waste CHISES(Appendix A) Authority of city to collect 62-3 Ownership by city 62-4 CALLINGS Street excavations Local business tax 70-66 et seq. See:TAXATION Authority of city 66-64 fCity's right to restore surface 66-69 CAMPING Liability of city 66-62 Sleeping and camping in public areas and beaches 50-4 CITY ATTORNEY Council CANALS Attendance at meetings 2-127 Subdivisions Duties 2-126 Land development code regulations.... 98-1 et seq. See:LAND DEVELOPMENT CODE CITY CLERK Duties 2-116 CANVASSERS.See:PEDDLERS,CANVASS- CITY COUNCIL ERS AND SOLICITORS .(1;bpi City attorney CAPE CANAVERAL. See:CITY Duties 2-126 City manager 4 CAPITAL EXPANSION PLANS Powers and duties 2-101(2) Impact fee 2-237 p Code of conduct 2-28 CAPITAL EXPANSION TRUST FUND Compensation } Impact fees 2-236 Established for councilmembers other than mayor 2-41 I CARS.See:MOTOR VEHICLES AND TRAF- Mayor,established for 2-42 FIC Definitions and rules of construction 1-2 Election 2-26 'Y' CAUSES Eminent domain powers re economic devel- Effect of repeal of ordinances 1-9(b) opment 2-70 CEMETERIES Library board Parks and recreation areas 54-1 et seq. Reports to 46-32 See: PARKS AND RECREATION Mayor .' Compensation established for 2-42 CERTIFICATES OF OCCUPANCY Meetings t Land development code regulations re zon- Adjournment 2-69 ing 110-26 et seq. Adoption of motion 2-67 See: LAND DEVELOPMENT CODE Call to order;quorum;roll call 2-64 Sewer impact fee requirements 78-125 City attorney to attend 2-127 ) Consideration of matters before council 2-66 r CHARTER Definitions and rules of construction 1-2 General discussion 2-68 g Minutes 2-65 CITY Ordinances and resolutions Abandoned property Preparation prior to meeting 2-59 Compliance with notice or order to re- Parliamentary procedure 2-61 move; removal by city upon non- Preparation and notice of agenda 2-60 compliance 34-184 Presiding officer 2-62 Disposition of property removed by city 34-186 Regular meetings 2-56 Notification of owner following removal Sergeant at arms 2-63 by city 34-185 Special meetings 2-57 Redemption prior to sale by city 34-187 Workshop meetings 2-58 i i Supp. No. 22 CDi:5 h CAPE CANAVERAL CODE Section Section CITY COUNCIL(Cont'd.) CODE ENFORCEMENT(Cont'd.) Ordinances and resolutions Form(citation) 2-288 Preparation prior to meeting 2-59 Intent;purpose 2-280 Regular meetings 2-56 Issuance procedure 2-287 Special meetings 2-57 Payment of penalty;court hearings.... 2-289 Subdivisions Training of code enforcement officers... 2-284 Plats and lot splits Violation;penalties;general 2-286 Final plat Code enforcement board Planning and zoning board and Created 2-256 city council review; general Liens;application for satisfaction or re- criteria for approval 98-61 lease of 2-260 Uncontested elections 2-27 Membership 2-257 Workshop meetings 2-58 Powers and duties 2-258 CITY MANAGER Responsibilities 2-258 Acting city manager 2-102 Violations and penalties Civil emergencies Prosecution of violations with no crim- Persons authorized to declare 18-2 final penalty 2-259 Criminal nuisance abatement board 2-292 et seq. Criminal nuisance abatement board See: CODE ENFORCEMENT Appeal 2-298 Powers and duties 2-101 Criminal nuisances established; viola- tions 2-295 CITY TREASURER Enforcement procedures; notice; hear- Fees schedule in general. See: FEES (Ap- ing 2-296 pendix B) Establishment; membership; meetings; CIVIL EMERGENCIES definitions 2-293 Authority;governor's;president 18-7 Penalties;fines;liens;recording 2-297 Definitions 18-2 Powers 2-294 Duration and termination of emergency .. 18-4 Purpose and intent 2-292 Emergency powers and measures 18-3 CODE OF ORDINANCES* Persons authorized to declare emergency 18-2 Altering Code 1-13 Sale of goods, services, or materials at Amendments to Code 1-11 unconscionable prices 18-5 Catchlines of sections 1-3 Violations and penalties 18-6 Certain ordinances not affected by Code.. 1-10 CLERK. See: CITY CLERK Chapters or sections,references to 1-5 Code does not affect prior offenses, rights, CLUBS etc. 1-8 Persons; definitions and rules of construc- Definitions and rules of construction 1-2 tion extended and applied to 1-2 Effect of repeal of ordinances 1-9 COASTAL CONSTRUCTION General penalty; attorneys' fees and costs 1-15 Coastal construction code 82-88 et seq. History notes 1-4 Buildings and building regulations.See: How Code designated and cited 1-1 LAND DEVELOPMENT CODE Provisions considered as continuation of existing ordinances 1-7 CODE ENFORCEMENT References and editor's notes 1-6 Abandoned vehicles Severability of parts of Code 1-14 Code enforcement board hearing proce- Supplementation of Code 1-12 dure 34-183 Buildings and building regulations CODES Citations; unlicensed contractors; fail- Boards,committees and commissions;code ure to obtain building permit 82-375 et seq. of conduct 2-172 Citations(code enforcement) City council;code of conduct 2-28 Applicable codes, ordinances; class vio- City election code adopted 26-1 lation 2-283 Technical codes. See that subject Citation powers;personal investigation; reasonable cause 2-285 *Note—The adoption, amendment, repeal, omissions, effec- Citation program,authorization of 2-282 tive date,explanation of numbering system and other matters Classes of violations,penalties 2-291 pertaining to the use,construction and interpretation of this Definitions 2-281 Code are contained in the adopting ordinance and preface Enter upon property,authorization to 2-290 which are to be found in the preliminary pages of this volume. j Supp.No. 22 CDi:6 1 1 s i CODE INDEX Section Section COMMITTEES AND COMMISSIONS. See: CONSTRUCTION BOARDS, COMMITTEES AND COM- Coastal construction code 82-88 et seq. MISSIONS Buildings and building regulations.See: LAND DEVELOPMENT CODE COMMUNICATION SERVICES Construction site stormwater runoff con- 'h Franchise regulations in general. See: trol _1 FRANCHISES(Appendix A) Definitions 90-200 Public service tax Design requirements 90-204 Generally 70-26 et seq. Emergency exemption 90-207 See:TAXATION Enforcement, inspections and penalties 90-206 COMMUNITY APPEARANCE REVIEW Erosion and sediment control plan 90-203 Inspection 90-205 ) BOARD Permits 90-201 ) f Board Review and approval 90-202 ) Established 22-37 Stormwater drainage Membership 22-37 Illicit discharge and connection Proceedings of the board 22-39 Industrial or construction activity dis- Qualifications Qualifications of members 22-37 charges 78-408 Compliance with other code provisions ... 22-41 1 Concept plans 22-45 CONTRACTORS Permits Local business tax Appeals and review 22-46 Contractors and subcontractors Application criteria 22-44 Special requirements for 70-85 Approval prerequisite for permits 22-40 CONTRACTS AND AGREEMENTS Building permits;enforcement 22-47 Certain ordinances not affected by Code.. 1-10(a) Notice of approval or denial 22-43 City attorney Procedure 22-42 Duties 2-126(6) Statement of findings and purpose 22-36 Code does not affect prior contracts estab- COMMUNITY DEVELOPMENT lishing or occurring 1-8 Business and cultural development board. 22-26 et seq. Franchise agreements 66-1 Community appearance review board .... 22-36 et seq. Franchise regulations in general. See: y Community redevelopment FRANCHISES(Appendix A) Land development code Redevelopment trust fund 22-50 Land development code regulations re zon- Concurrency management system ing p 110-26 et seq. Transportation facility proportionate fair-share mitigation program See: LAND DEVELOPMENT CODE Proportionate fair-share agreements 86-28 1 COMPETITIVE BIDS Purchasing 2-216 et seq. Purchasing 2-216 et se See:PURCHASES AND PURCHASING q. See:PURCHASES AND PURCHASING Right-of-way use agreements 66-1 1 Vested rights agreements 115-10 a COMPREHENSIVE PLAN CORPORATE LIMITS Local planning agency Definitions and rules of construction 1-2 Designation of agency,department,com- mittee or person to prepare corn- COUNCIL. See: CITY COUNCIL 1 prehensive plan 58-58 COUNTY CONCURRENCY MANAGEMENT SYSTEM Animal control ordinance 14-26 et seq. Fees schedule in general. See: FEES (Ap- See:ANIMALS AND FOWL pendix B) Definitions and rules of construction 1-2 Land development code regulations 86-1 et seq. Flood damage prevention 90-26 et seq. See: LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE F Sanitary sewer system 78-26 et seq. See: SEWERS AND SEWAGE DIS- COURTS POSAL Code enforcement citations Payment of penalty;court hearings.... 2-289 CONNECTIONS Costs for police education and training... 50-3 Sewer connections 78-27 et seq. Kelo vs.City of New London court decision See: SEWERS AND SEWAGE DIS- re economic development and emi- a POSAL nent domain 2-70 1 Supp.No. 22 CDi:7 1 1 CAPE CANAVERAL CODE Section Section J COURTS(Cont'd.) DEVELOPMENT.See:PLANNING AND DE- Land development code regulations re zon- VELOPMENT ing 110-26 et seq. DISCHARGES See: LAND DEVELOPMENT CODE Sewers 78-96 et seq. CULTURAL DEVELOPMENT. See: BUSI- See: SEWERS AND SEWAGE DIS- NESS AND CULTURAL DEVELOP- POSAL MENT BOARD DISCRIMINATION CYCLONES Cable television franchise. See: FRAN- Civil emergencies 18-1 et seq. CHISES(Appendix A) See: CIVIL EMERGENCIES Fair housing Discriminatory practices 36-21 et seq. D See:HOUSING Gas franchise agreement. See: FRAN- DANCING AND DANCEHALLS CHISES(Appendix A) Alcoholic beverage establishments DISTRICTS Nudity on premises 6-27 Land development code regulations re zon- DEBRIS.See also: SOLID WASTE ing 110-26 et seq. Burial of debris 34-41 See: LAND DEVELOPMENT CODE DEDICATIONS DRAINS AND DRAINAGE Land development code regulations re zon- Concurrency management 86-1 et seq. ing 110-26 et seq. See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq. Plats or subdivisions See: LAND DEVELOPMENT CODE Certain ordinances not affected by Code 1-10(a)(12) Sanitary sewer system 78-26 et seq. See: SEWERS AND SEWAGE DIS- DEEDS POSAL Certain ordinances not affected by Code.. 1-10(a)(2) Street excavations 66-61 et seq. DELEGATION OF AUTHORITY See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Definitions and rules of construction 1-2 Subdivisions DENSITY Land development code regulations.... 98-1 et seq. Land development code regulations re zon- See: LAND DEVELOPMENT CODE ing 110-26 et seq. DRUNKS AND DRUNKENNESS See: LAND DEVELOPMENT CODE Alcoholic beverages 6-1 et seq. DEPARTMENTS AND OTHER AGENCIES See:ALCOHOLIC BEVERAGES OF CITY.See also:BOARDS,COMMIT- DUNES TEES AND COMMISSIONS Parking prohibited 74-59 City manager Wetlands protection 106-26 et seq. Powers and duties 2-101(6) See: LAND DEVELOPMENT CODE Definitions and rules of construction 1-2 Delegation of authority Definitions and rules of construction 1-2 Fire department 38-56 et seq. EARTHQUAKES See:FIRE PREVENTION Civil emergencies 18-1 et seq. Joint authority See: CIVIL EMERGENCIES Definitions and rules of construction... 1-2 Local planning agency 58-56 et seq. EASEMENTS See:PLANNING AND DEVELOPMENT Subdivisions Police department 42-26 Land development code regulations.... 98-1 et seq. Stormwater drainage See: LAND DEVELOPMENT CODE Illicit discharge and connection ECONOMIC DEVELOPMENT Authorized enforcement agency 78-401 Eminent domain powers of council re 2-70 DEVELOPMENT DISTRICTS ELECTIONS Land development code regulations re zon- Certain ordinances not affected by Code 1-10(a)(16) ing 110-26 et seq. Early voting exemption 26-5 See:LAND DEVELOPMENT CODE Penalties for violations 26-2 Supp.No. 22 CDi:8 i i j l s :£ i i CODE INDEX 1 Section Section 4 ELECTIONS(Cont'd.) ENGINES Qualifying period Discharge into open air of exhaust Generally 26-3 Noises,enumeration of prohibited 34-153(6) 3 State election code adopted 26-1 ENTERTAINMENT. See: AMUSEMENTS ELECTRICITY AND AMUSEMENT PLACES 1 Fees schedule in general. See: FEES (Ap- ENVIRONMENT ' peneix B) Abandoned property 34-176 et seq. 1 Franchise regulations in general. See: See:ABANDONED PROPERTY ' FRANCHISES(Appendix A) Public service tax 70-26 et seq. Land development code regulations re zon- See:TAXATION ing 110-26 et seq. Signs See: LAND DEVELOPMENT CODE Lights 34-206 et seq. Land development code regulations.... 94-1 et seq. See:LIGHTS AND LIGHTING See: LAND DEVELOPMENT CODE Litter 34-26 et seq. EMERGENCIES See:LITTER Civil emergencies 18-1 et seq. Noise 34-151 et seq. 1 See: CIVIL EMERGENCIES See: NOISE Construction site stormwater runoff con- Property maintenance standards 34-91 et seq. trol See: PROPERTY MAINTENANCE Emergency exemption 90-207 STANDARDS 1. Sanitary sewer stem 78-26 et seq. pad-mounted generators y q. 1 Zoning requirements 110-484 See: SEWERS AND SEWAGE DIS- t Fire protection services; emergency medi- POSAL cal services 38-56 Street excavations 66-61 et seq. x Flood damage prevention 90-26 et seq. See: STREETS, SIDEWALKS AND See: LAND DEVELOPMENT CODE OTHER PUBLIC WAYS Franchise regulations in general. See: Tree protection,land clearing 102-36 et seq. 1 FRANCHISES(Appendix A) See: LAND DEVELOPMENT CODE Land development code Weeds and dead vegetation 34-121 et seq. ;y Signs;emergency response system 94-77 See: WEEDS AND DEAD VEGETA- Outdoor entertainment events TION Permit;emergency suspension or cancel- Wetlands protection 106-26 et seq. lation of permitted outdoor enter- See: LAND DEVELOPMENT CODE a tainment event 10-77 EXCAVATIONS Purchase 2-221 Building sewers 78-83 Sanitary sewer system Fees schedule in general. See: FEES (Ap- t Termination of service and emergency . 78-58 endix B) p Services Sanitary sewer system 78-26 et seq. a Alarm systems 30-26 et seq. See: SEWERS AND SEWAGE DIS- See:ALARM SYSTEMS POSAL Fees schedule in general. See: FEES Street excavations 66-61 et seq. (Appendix B) See: STREETS, SIDEWALKS AND 4 Street excavations 66-70 OTHER PUBLIC WAYS EMINENT DOMAIN EXHAUST Re economic development 2-70 Discharge into open air Noises,enumeration of prohibited 34-153(6) EMPLOYEES. See: OFFICERS AND EM- PLOYEES EXPLOSIONS/EXPLOSIVES Civil emergencies 18-1 et seq. ENCROACHMENT See: CIVIL EMERGENCIES Property maintenance standards 34-91 et seq. Fireworks 38-81 et seq. See: PROPERTY MAINTENANCE See: FIREWORKS STANDARDS ENGINEER.See: CITY ENGINEER F FALSE ALARMS. See:ALARM SYSTEMS ENGINEERS AND ENGINEERING Street excavations FALSE STATEMENTS Engineering details 66-66 Receipt application 70-73 3 Supp.No.22 CDi:9 y CAPE CANAVERAL CODE Section Section j FEDERAL GOVERNMENT FINANCES(Cont'd.) Federal utilities commission Court costs for police education and train- Franchise regulations in general. See: ing 50-3 FRANCHISES(Appendix A) Franchise regulations in general. See: Franchise regulations in general. See: FRANCHISES(Appendix A) FRANCHISES(Appendix A) Fund balance/retained earnings reserves, Interpret law creation of 2-208 City attorney Fund balance policy 2-210 Duties 2-126(3) Annual review and determination of... 2-212 Vehicles for hire Impact fees 2-231 et seq. Application of provisions to vehicle, op- See: IMPACT FEES erator regulator by federal govern- Library board expenditures 46-27 ment 80-2 Personal property control 2-207 Public service tax 70-26 et seq. FEES See:TAXATION Alarm systems Purchasing 2-216 et seq. Fees charged 30-31 See:PURCHASES AND PURCHASING Permit fees 30-27 Quarterly report of income and expendi- Certain ordinances not affected by Code1-10(a)(7) tures 2-206 Franchise regulations in general. See: Sewer impact fees FRANCHISES(Appendix A) Payment 78-122 Impact fees 2-231 et seq. Use of funds 78-127 See: IMPACT FEES Spending order of fund balances 2-211 Outdoor entertainment events Travel reimbursement policies and proce- Permit;fees and deposits 10-73 dures 2-300 Parks and recreation FINES,FORFEITURES AND OTHER PEN- Commercial beach vendor franchises ALTIES Franchise fee 54-5(c) Certain ordinances not affected by Code.. 1-10(a)(1) j Property Code does not affect prior penalties or Registration and maintenance of prop- forfeitures incurred 1-8 erties in foreclosure Code enforcement Registration fees 82-119 Criminal nuisance abatement board Sewer fees where owner has private water Penalties;fines;liens;recording 2-297 supply 78-154 Effect of repeal of ordinances on penalties Sexually oriented businesses, adult enter- incurred 1-9(b) tainment establishments license Franchise regulations in general. See: Annual license fee 10-103 FRANCHISES(Appendix A) Application;fee 10-95 General penalty; attorneys' fees and costs 1-15 Solid waste Penalties for specific acts,omissions,viola- Schedule of fees 62-5 tions, etc. See specific subjects as in- Street excavations permit fee 66-83 dexed Vehicles for hire Driver's permit fee 80-55 FIRE AND RESCUE IMPACT FEES Fees to be in addition to other taxes and Fees schedule in general. See: FEES (Ap- charges 80-3 pendix B) FENCES, WALLS, HEDGES AND ENCLO- FIRE DEPARTMENT. See: FIRE PREVEN- SURES TION Land development code regulations re zon- FIRE LANES ing 110-26 et seq. Designation of 74-62 See: LAND DEVELOPMENT CODE Signs FIRE PREVENTION Land development code regulations.... 94-1 et seq. Alarm systems generally 30-26 et seq. See:LAND DEVELOPMENT CODE See:ALARM SYSTEMS Bottled gas FINANCES Use restrictions;permit required 38-5 Building sewers Conformance 38-34 Cost of installation 78-78 Doors to businesses or public halls 38-6 Certain ordinances not affected by Code.. 1-10(a)(2) Fire chief City reserves,reclassification of 2-209 Duties 38-58 Supp. No. 22 CDi:10 1 I CODE INDEX ISection Section g FIRE PREVENTION(Cont'd.) FIREWORKS(Cont'd.) ) Fire department Storage of materials 38-87 Fire protection services;emergency med- FIRMS 4 ical services 38-56 Volunteer fire department 38-57 Persons;definitions and rules of construc- Fire inspectors tion extended and applied to 1-2 Designated as city code inspectors 38-3 FLOOD DAMAGE PREVENTION Life Safety Code re 38-29 Civil emergencies 18-1 et seq. Fire lanes,designation of 74-62 See: CIVIL EMERGENCIES Fire prevention codes Construction site stormwater runoff con- Florida Florida Fire Prevention Code trol 90-200 et seq. Adopted 38-26 See: CONSTRUCTION Inspector 38-27 Fees schedule in general. See: FEES (Ap- Land development code; zoning pendix B) Nonconformities Generally 90-26 et seq. Intent;rules of interpretation;build- See:LAND DEVELOPMENT CODE 1. ing and fire codes;definitions 110-191 Land development code regulations re zon- Life Safety Code ing 110-26 et seq. Adopted 38-28 See: LAND DEVELOPMENT CODE Fire inspector 38-29 Wetlands protection 106-26 et seq. Lockboxes required 38-32 See: LAND DEVELOPMENT CODE Fire protection service charge 38-8 Fire protection services; emergency medi- FLOODLIGHTS cal services 38-56 Spill-over lighting requirements 34-206 et seq. Fireworks generally 38-81 et seq. See:LIGHTS AND LIGHTING s See:FIREWORKS FLORIDA RAILROAD AND PUBLIC UTILI- Flammable materials and liquids Storage and dispensing restrictions 38-4 TIES COMMISSION Hazardous materials and substances Franchise regulations in general. See: p FRANCHISES(Appendix A) Abatement 38-91 Cleanup 38-91 FLORIDA. See: STATE i Cost recovery 38-93 Definitions 38-90 FORFEITURE.See:FINES,FORFEITURES Violations and penalties 38-93 AND OTHER PENALTIES Impact fees generally 2-231 et seq. FOWL. See:ANIMALS AND FOWL See: IMPACT FEES Inspector FRANCHISES(Appendix A) Florida Fire Prevention Code 38-27 (Note—Citations herein refer to articles ' and sections contained within Appen- tion Safety Code.See herein: Fire Preven- PPe tion Codes dix A Franchises) Lockboxes Cable television franchise Fire prevention code requirements 38-32 Basic service I-26 _ Required 38-32 City rights in franchise I-19 Private entry gates 38-33 City's rights of intervention I-23 Safety fees 38-2 Compliance with applicable laws and Smoke detectors to have battery backup 38-7 regulations 1-5 k Violations and penalties 38-1 Conditions of street occupancy I-13 , Volunteer fire department Customer service standards I-9 t 38-57 ' Definitions 1-2 FIREWORKS Emergency use of facilities by city I-10 Application for permit;fees 38-83 Erection,removal,and common user job Attending firefighters 38-88 poles 1-24 Definitions 38-81 Forfeiture of franchise I-22 Insurance 38-86 Grant of non-exclusive franchise I-4 , Investigation of applicant; issuance or de- Legislative findings I-3 k nial of permit 38-84 Liability and indemnity provision I-7 Operators 38-85 Maps and additional reports to be filed Private use, storage, display prohibited; by grantee I-20 public displays authorized by permit Other business activities I-11 only 38-82 Payment to city I-21 , Supp.No. 22 CDi:11 CAPE CANAVERAL CODE .....) Section Section FRANCHISES(Appendix A)(Cont'd.) FRANCHISES(Appendix A)(Cont'd.) Preferential or discriminatory practices Miscellaneous provisions III-XVII prohibited I-14 Preferential or discriminatory practices Public service I-28 prohibited III-XV Quality of service I-27 Purpose and goals III-III Removal of facilities upon request I-15 Recitals III-I Re-regulation I-25 Service standards III-XVI Restrictions on assignment,transfer,sale Short title III-II and subleasing I-16 Transfer of ownership or control III-VIII Safety requirements I-12 Telephone Severability I-29 Company liability: indemnification IV-4 Short title I-1 Compliance with applicable law and or- System upgrade I-8 dinances IV-3 Term of franchise I-17 Conditions on street occupancy IV-5 Territorial area involved I-6 Definitions IV-1 Electric Fees paid by company IV-7 Captions II-20 Grant of permission IV-2 Competitive disadvantage: termination Limitations on obligations of city IV-10 by grantee II-8 Severability P1-11 Default by grantee II-10 Street occupancy,conditions on IV-5 Default by grantor II-11 Terms of rights granted IV-9 Definition of"person" II-25 Transfer of rights granted herein P1-6 Effective date II-28 Facilities requirements II-2 FRANCHISES(Generally) Franchise fee II-5 Certain ordinances not affected by Code.. 1-10(a)(4) Grant of electric utility franchise: term Franchise regulations in general. See: of franchise II-1 FRANCHISES(Appendix A) Grantor's right to audit II-12 Parks and recreation Grantor's rights of intervention II-22 Commercial beach vendor franchises... 54-5 ,....) Headings: entire agreement; governing Streets,sidewalks and other public ways law II-21 Franchise agreements 66-1 Incorporation into code II-27 FRAUD Indemnification II-3 Solicitors, peddlers and itinerant mer- Infrastructure hardening II-16 chants 16-30 Jurisdiction and venue II-23 Legislative or regulatory action II-9 F.S. (Florida Statutes) Most favored nations II-6 Definitions and rules of construction 1-2 No joint venture II-18 Noncompetition by grantor II-7 FUEL GAS.See: GAS Notices II-19 Preferential or discriminatory practices FUEL OIL prohibited II 17 Public service tax 70-26 et seq. Qualified severability II-24 See: TAXATION Rates, rules and regulations of grantee II-4 Renewable energy II-13 G Repeal of prior inconsistent ordinance, resolutions and agreements II-26 GARAGE SALES Smart grid technology 1I-15 Land development code regulations re zon- Undergrounding of facilities II-14 ing 110-26 et seq. Gas franchise agreement See:LAND DEVELOPMENT CODE Books and records available to city .... III-XIV Definitions III-IV GARBAGE AND TRASH.See:SOLID WASTE Design and construction provisions III-XIII GAS Effective date of franchise;term III-VI Franchise regulations in general. See: Franchise fees III-IX FRANCHISES(Appendix A) Franchise operation III-VII Public service tax 70-26 et seq. Forfeiture or revocation III-X See:TAXATION Grant of franchise III-V Indemnification and hold harmless III-XII GENDER Liability and insurance III-XI Definitions and rules of construction 1-2 Supp.No. 22 CDi:12 l Y i' j 1 CODE INDEX P Section Section GENERATORS HEIGHT Emergency pad-mounted generators Land development code regulations re zon- Zoning requirements 110-484 ing 110-26 et seq. 3 See:LAND DEVELOPMENT CODE GIFTS „7 Outdoor entertainment events Purchasing procedure 2-226(b) Permit;temporary structures;integrity, , GLASS CONTAINERS height,location 10-69 4 Park and recreation prohibitions 54-1 HOME OCCUPATIONS GRADES AND GRADING Construction noise 34-154 Concurrency management 86-1 et seq. Land development code regulations re zon- a See:LAND DEVELOPMENT CODE ing 110-26 et seq. Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE Sexually oriented businesses, adult enter- , Street excavations 66-61 et seq. tainment establishments See: STREETS, SIDEWALKS AND Local business tax receipts/home occu- OTHER PUBLIC WAYS pations 10-128 Street grades Certain ordinances not affected by Code 1-10(a)(10) HOOTING Tree protection,land clearing 102-36 et seq. Noises,enumeration of prohibited 34-153(4) See: LAND DEVELOPMENT CODE HORNS GUTTERS Noises,enumeration of prohibited 34-153(1) Litter,sweeping into gutters prohibited... 34-31 HOUSING I. Fair housing H Additional remedies 36-6 1 Administrator authority and responsibil- I Col HANDBILLS ities 36-3 Litter regulations 34-51 et seq. Complaints 36-4 See:LITTER Declaration of policy 36-1 HARASSMENT Definitions 36-2 ' Solicitors and itinerant merchants Discriminatory practices Harassment pro Exemptions and exceptions 36-22 hibited 16-28 Unlawful housing practices 36-21 HAZARDOUS MATERIALS AND SUB- Education and public information 36-7 STANCES Penalty 36-9 ' Fire prevention regulations re 38-90 et seq. Processing complaints 36-5 ti See:FIRE PREVENTION Untruthful complaints or testimony36-8 4 Solid waste generally 62-1 et seq. Flood damage prevention 90-26 et seq. ? See: SOLID WASTE See: LAND DEVELOPMENT CODE Specifically 62-11(d) Land development code ,i Zoning I HEALTH AND SANITATION Rental restrictions on dwelling units 110-487 Abandoned property 34-181 et seq. Vacation rentals 110-486 See:ABANDONED PROPERTY Property maintenance standards 34-91 et seq. `t Local planning agency 58-56 et seq. See: PROPERTY MAINTENANCE See:PLANNING AND DEVELOPMENT STANDARDS Sanitary sewer system 78-26 et seq. Public service tax See: SEWERS AND SEWAGE DIS- Generally 70-26 et seq. POSAL See: TAXATION '$ Solid waste 62-1 et seq. Registration and maintenance of proper- See: SOLID WASTE ties in foreclosure 82-116 et seq. 4. Tree protection,land clearing 102-36 et seq. See:PROPERTY See: LAND DEVELOPMENT CODE Weeds and dead vegetation 34-121 et seq. HURRICANES See: WEEDS AND DEAD VEGETA- Civil emergencies 18-1 et seq. I TION See: CIVIL EMERGENCIES I s Supp.No 22 CDi:13 3 CAPE CANAVERAL CODE Section Section I INSPECTIONS(Cont'd.) Signs IMPACT FEES Land development code regulations.... 94-1 et seq. Capital expansion plans 2-237 See:LAND DEVELOPMENT CODE Capital expansion trust funds Street excavations 66-63 Collection;deposit 2-236(b) Streets,sidewalks and other public ways Established 2-236(a) Excavations;permit Use 2-236(c) Inspections 66-85 Certain ordinances not affected by Code.. 1-10(a)(18) Vehicles for hire,mechanical inspections80-76(d) Exemptions 2-232 Fees schedule in general. See: FEES (Ap- INSURANCE AND INSURANCE COMPA- pendix B) NIES Land development code Fireworks 38-86 Concurrency management system Franchise regulations in general. See: Transportation facility proportionate FRANCHISES(Appendix A) fair-share mitigation program Outdoor entertainment events Impact fee credit for proportionate Permit insurance requirements 10-63 fair-share mitigation 86-27 Signs Levy and purpose 2-231 Land development code regulations.... 94-1 et seq. Partial waiver authorized 2-235 See: LAND DEVELOPMENT CODE Payment 2-234 Vehicles for hire 80-5 Sanitary sewer impact fees 78-121 et seq. INTERSECTIONS See: UTILITIES Schedules 2-233 Visibility at intersections Sewers 78-121 et seq. Land development code regulations re See: SEWERS AND SEWAGE DIS- zoning 110-26 et seq. POSAL See:LAND DEVELOPMENT CODE IMPRISONMENT.See:PRISONS AND PRIS- INTOXICATING BEVERAGES. See: ALCO- ONERS HOLIC BEVERAGES J IMPROVEMENTS. See: PUBLIC WORKS ITINERANT MERCHANTS.See:PEDDLERS, AND IMPROVEMENTS CANVASSERS AND SOLICITORS INDECENCY AND OBSCENITY J Sexually oriented businesses, adult enter- JOINT AUTHORITY tainment establishments 10-86 et seq. Definitions and rules of construction 1-2 Obscenity;indecent exposure unlawful. 10-89 INDIVIDUALS I, Persons; definitions and rules of construc- LAND CLEARING tion extended and applied to 1-2 Tree protection 102-36 et seq. INSPECTIONS See:LAND DEVELOPMENT CODE Building inspection service 82-21 Building sewers Notice for 78-79 Code enforcement citations Enter upon property,authorization to 2-290 Construction site stormwater runoff con- trol Enforcement, inspections and penalties 90-206 Inspection 90-205 Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE Property Registration and maintenance of prop- erties in foreclosure Mortgagee inspection requirements . 82-120 Reinspection fees Fees schedule in general. See: FEES (Appendix B) Supp. No.22 CDi:14 i i Li CODE INDEX Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) 1 Final plat Prohibitions 102-44 Application for approval 98-60 Remedial action 102-49 Conformance to preliminary plat . 98-56 Special waiver provision 102-42 Data required for final approval.. 98-58 Specimen trees 102-41 Documents required prior to ap- Title; applicability; intent and pur- proval 98-59 pose;exceptions 102-37 Planning and zoning board and Tree replacement guidelines 102-43 city council review; general Voluntary tree planting 102-47 criteria for approval 98-61 Waivers;incentive program;adminis- Recording 98-62 trative interpretation appeals; a Lot splits 98-66 incentive program 102-48 Preapplications Undesirable species,list of 102-45 Review procedures 98-36 Unsafe building abatement code 82-56 et seq. Preliminary plat See herein:Buildings and Building Reg- City review 98-45 ulations General criteria for approval 98-47 Variances Information required 98-41 Generally 94-85 Planning and zoning board proce- Stormwater management 90-121 dures 98-46 Subdivisions 98-4 Time limit 98-48 Variances,special exceptions,rezonings, Purpose 98-2 administrative appeals 10-26 et seq. Remedies 98-6 See herein:Zoning Variance Vegetation Application 98-4(b) Tree protection 102-26 et seq. Conditions 98-4(e) See herein:Tree Protection z Hardship 98-4(a) Vegetation buffers 'z Cri Prerequisites to granting 98-4(d) Stormwater management Public hearing;notice 98-4(c) Native vegetation buffers 90-177 Wetlands protection requiring subdivi- Vehicles sion plat 106-28 Signs on 94-6(f) 4 Surface and storm drainage Vested rights Subdivision design standards 98-111 Concurrency management 86-13 Surface water Viewpoint neutral 94-115 Channeled into sanitary sewer 90-170 Water supply Temporary storage units 82-400 Subdivision improvements 98-89 Traffic Wetlands protection Concurrency management Definitions 106-26 Generally 86-1 et seq. Development requiring site plan or sub- 4 See herein: Concurrency Manage- division plat 106-28 ment Mitigation 106-31 Signs constituting traffic hazards 94-62(c) Permitted uses 106-29 Tree protection Prohibited uses 106-30 Land clearing Purpose and intent 106-27 ) Definitions 102-36 Wind pressure and dead load Development and construction Signs 94-9 Tree protection during;periodic in- Zoning spection 102-46 AlA Economic Opportunity Overlay Dis- Enforcement and penalties 102-38 trict Implementing division Administration Rules and regulations and fees 102-51 General 110-605 List of Intent 110-604 Desirable species and plants 102-52 Nonconforming uses,structures and I Preferred plant list 102-54 buildings 110-608 Undesirable species 102-53 Plan submittals 110-607 Minimum tree requirement 102-45 Procedures for design compatibil- Open burning of natural cover 102-50 ity approvals 110-606 Permits 102-39 Similar and compatible uses 110-610 Criteria;exemptions; standards of Use matrix 110-609 i (6.0, review 102-40 Applicability 110-587 a 1 Supp.No. 22 CDi:21 a CAPE CANAVERAL CODE Section Section j LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Architectural guidelines On-site circulation 110-628 Articulation 110-643 Project size 110-626 Awnings and canopies 110-654 Utility and service areas 110-629 Building continuity 110-644 Access Color 110-653 C-1 Low Density Commercial District 110-339 Entry treatment 110-648 Generally 110-472 Exterior surface materials 110-650 Offstreet parking 110-493 Ground floor lighting 110-655 R-1 Low Density Residential District 110-278 Intent 110-641 R-2 Medium Density Residential Dis- Proportion 110-646 trict 110-298 Rhythm 110-647 R-3 Medium Density Residential Dis- Roof lines 110-649 trict 110-318 Scale 110-645 Accessories Similar and compatible design 110-642 Swimming pools 110-583 Storefronts 110-652 Accessory uses and structures Utilities and stormwater manage- C-1 Low Density Commercial District 110-333 ment area screening 110-656 C-2 Commercial/Manufacturing Dis- Windows and transparency 110-651 trict 110-382 Boundary and organization 110-586 Generally 110-468 Definitions 110-592 M-1 Light Industrial and Research Design principles 110-591 and Development District 110-353 Goals 110-589 R-1 Low Density Residential District 110-273 Introduction 110-585 R-2 Medium Density Residential Dis- Landscaping trict 110-293 Building landscaping 110-688 R-3 Medium Density Residential Dis- Commercial site plan review 110-684 trict 110-313 Intent 110-683 Residential planned unit develop- Project perimeter 110-687 ments 110-439 Required screening for commercial Administrative review parking facilities 110-690 Appeal notice,hearing 110-29(b) Screening between commercial or Authority 110-29(a) industrial zoning districts or Stay of proceedings 110-29(c) uses and residential districts Alcoholic beverages or uses 110-686 Special exceptions for establishments Surface parking lots 110-689 serving 110-171 Water efficient landscaping 110-685 Temporary alcoholic beverage per- Objectives 110-590 mits 110-172 Parking Appeals Intent 110-668 Special exceptions. See herein: Vari- Parking structures 110-671 ances,Special Exceptions,Rezon- Shared parking 110-670 ings,Administrative Appeals Surface parking 110-669 Annexations Purpose 110-588 Zoning classification of 110-256 Signage Antenna All signs 110-702 Residential use/Satellite dishes 110-478 Awning signs 110-703 Wireless communications 110-483 Hanging signs 110-707 Area Intent 110-701 C-1 Low Density Commercial District 110-336 Pedestrian signs 110-704 Dimension or area reduction below Projecting signs 110-705 minimum 110-254 Wall signs 110-706 M-1 Light Industrial and Research Window signs 110-708 and Development District 110-356 Site planning R-1 Low Density Residential District 110-276 Building height 110-624 R-3 Medium Density Residential Dis- Building orientation 110-623 trict 110-316 Building setback 110-625 Intent 110-621 LEED or LEED equivalent design 110-622 Lot coverage 110-627 Supp.No. 22 CDi:22 CODE INDEX Section Section LAND DEVELOPMENT CODE(Cont'd.) Residential planned unit develop- ments Minimum lot area 110-439 Reuse of area used for density calcu- lation 110-253 Townhouses 110-372 ,tt 4 } Supp.No. 22 CDi:22.1 This page is intentionally left blank J 4 1 4 1 CODE INDEX :, (sod Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Principal uses and structures 110-312 Preservation of trees 110-445 Prohibited uses and structures 110-315 Underground utilities 110-443 Protection of public beach-end park- Permitted uses 110-403 ing 110-321 Physical review 110-405 Special exception permissible by board Purpose and intent 110-402 of adjustment 110-314 Termination zone 110-408 Recreational vehicles Residential use antennas 110-478 Location of 110-551 Rezoning.See herein:Variances,Special } Regulations pertaining to specific dis- Exceptions,Rezonings,Administra- tricts. See within specific districts tive Appeals as indexed Satellite dishes 110-478 ' Rental restrictions on dwelling units... 110-487 Schedule of fees,charges and expenses110-92 Repairs and maintenance Screening Nonconformities 110-198 C-1 Low Density Commercial District 110-338 Research and development districts C-2 Commercial/Manufacturing Dis- M-1 Light Industrial and Research trict 110-387 and Development District 110-351 et seq. Commercial or industrial districts... 110-566 See within this subheading: M-1 M-1 Light Industrial and Research Light Industrial and Research and Development District 110-358 and Development District Setbacks F Residential districts Building setback lines 110-536 R-1 Low Density Residential District 110-271 et seq. C-1 Low Density Commercial Dis- See within subheading: R-1 Low trict,minimum setbacks 110-337 Density Residential District C-2 Commercial/Manufacturing Dis- R-2 Medium Density Residential Dis- trict 110-386 a trict 110-291 et seq. District 110-251 See within subheading: R-2 Me- Duplicate use of 110-252 , (000/' dium Density Residential Dis- Encroachments 110-538 trict Erection of more than one principal R-3 Medium Density Residential Dis- structure on lot 110-537 i trict 110-311 et seq. M-1 Light Industrial and Research I See within subheading: R-3 Me- and Development District 110-357 dium Density Residential Dis- R-1 Low Density Residential District, trict minimum setbacks 110-277 Residential planned unit developments R-2 Medium Density Residential Dis- Bonding 110-407 trict 110-297 Building permit 110-406 R-3 Medium Density Residential Dis- Common open space, drainage sys- trict,minimum setbacks 110-317 1 tems, private roads and other Residential planned unit develop- a related common facilities 110-404 ments 110-439 Development plans Swimming pools,minimum 110-584 j Application 110-421 Townhouses,minimum setbacks .... 110-373 Procedure for approval of final de- Sewage disposal 110-479 velopment plan 110-423 Sidewalks Procedure for receiving approval of Required 110-475 preliminary development plan Signs 94-64(a) and tentative zoning 110-422 Single-family mobile home districts Enforcement 110-409 Nonconformities 110-192 Land use regulations Site plans Development standards 110-444 Criteria required 110-222 Maximum density 110-437 Expiration 110-224 i Maximum length of structures ... 110-440 Review procedures 110-223 Minimum common recreation and Submittal and review required 110-221 open space 110-438 Special exceptions A. Minimum floor area 110-441 Alcoholic beverages Minimum lot area; frontage; set- Establishment serving alcoholic backs;accessory uses 110-439 beverages 110-171 Minimum size 110-436 Temporary alcoholic beverage per- ', Offstreet parking 110-442 mits 110-172 t Supp. No. 22 CDi:27 CAPE CANAVERAL CODE i Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Structures and uses approved by spe- Appellate review 110-33 cial exception 110-161 Applications 110-29 Variances, special exceptions, rezon- Attendance required at public hear- ings,administrative appeals.See ings; postponement of hearings 110-30.1 herein that subject Authority 110-27 Special exceptions permissible by board Due process 110-28 of adjustment Expiration of variance or special ex- C-1 Low Density Commercial District 110-334 ception;abandonment 110-32 M-1 Light Industrial and Research Intent and purpose 110-26 and Development District 110-354 Reconsideration 110-31 R-1 Low Density Residential District 110-274 Rezonings R-2 Medium Density Residential Dis- Procedure 110-35 trict 110-294 Rezoning applicant obligations ... 110-34 R-3 Medium Density Residential Dis- Special exception trict 110-314 Applicant obligations 110-38 Storing Procedure 110-39 Certain vehicles 110-554 Special notice requirements 110-28 Streets Staff review;application deficiencies110-30 Requirements for structures 110-255 Variances Structures.See within subheading:Build- Applicant obligations 110-36 ings Procedure 110-37 Swimming pools Vegetation.See within this subheading: Accessories 110-583 Landscaping or Vegetation Barriers 110-582 Vehicles and vessels Construction and location 110-581 Living aboard boats 110-552 Minimum setbacks 110-584 Living or residing in boats, utility Temporary uses trailers,recreational vehicles and Nonconformities 110-199 special purpose vehicles 110-553 Termination zone Location of recreational vehicles,camp- Residential planned unit develop- ing equipment, boats and boat ments 110-408 trailers 110-551 Towers Parking and storage of certain vehi- Wireless communications 110-483 des 110-554 Townhouses Paving of vehicular use areas 110-555 Area and dimensions 110-372 Vehicle rental facility 110-556 Building permit 110-378 Vehicular use areas,paving of 110-555 Development schedule 110-379 Vessels.See within this subheading:Ve- Individually platted lots 110-377 hides and Vessels Minimum setbacks 110-373 Visibility at intersections 110-469 Offstreet parking 110-374 Water areas 110-474 Permitted use 110-371 Width Utilities 110-375 Courts,minimum width of 110-473 Underground utilities Wireless communications towers and an- Residential planned unit develop- tennas 110-483 ments 110-443 Zoning districts. See herein: Zoning Required 110-482 Unusual uses or uses not specifically permitted 110-257 Uses Approved by special exceptions 110-161 Utilities Townhouses 110-375 Underground,required 110-482 Vacation rentals 110-486 Vacation resort campus 110-490.1 Variances,special exceptions,rezonings, administrative appeals;procedures Abandonment 110-32 Administrative appeals 110-40 Supp.No. 22 CDi:28 J 1 1 CODE INDEX . Section Section LANDSCAPING LICENSES AND PERMITS(Cont'd.) Appearance and maintenance 34-99 Concurrency management system 86-1 et seq. , Land development code regulations re zon- See:LAND DEVELOPMENT CODE ing 110-26 et seq. Construction site stormwater runoff con- ' See:LAND DEVELOPMENT CODE trol Landscape irrigation Permits 90-201 Applicability;purpose and intent 91-2 Excavations Definitions 91-1 Street excavation permit requirements. 66-81 et seq. Enforcement and penalties 91-7 Fees schedule in general. See: FEES (Ap- } Exceptions to landscape irrigation sched- pendix B) ules 91-4 Fireworks permit(public display) 38-82 et seq. Landscape irrigation schedules 91-3 Flood damage prevention 90-26 et seq. Required irrigation system technology . 91-5 See: LAND DEVELOPMENT CODE Variance from specific day of the week Land development code regulations re zon- limitations 91-6 ing 110-26 et seq. Sanitary sewer system 78-26 et seq. See: LAND DEVELOPMENT CODE See: SEWERS AND SEWAGE DIS- Land development code; zoning POSAL Nonconformities Tree protection,land clearing 102-36 et seq. Special permit 110-200 See: LAND DEVELOPMENT CODE Motion and still photography production LAW ENFORCEMENT permits 16-60 et seq. See:PHOTOGRAPHY Alarm systems generally 30-26 et seq. Outdoor entertainment events 10-61 et seq. See:ALARM SYSTEMS See: OUTDOOR ENTERTAINMENT Impact fees generally 2-231 et seq. EVENTS See: IMPACT FEES Sewer impact fee requirements 78-125 yPolice department 42-26 Sexually oriented business license 10-93 et seq. LEASES Signs 1 Certain ordinances not affected by Code.. 1-10(a)(2) Land development code regulations 94-1 et seq. i See: LAND DEVELOPMENT CODE City attorney p eddlers and itinerant mer- chants Solicitors,2-126(6) chants permit requirement 16-51 et seq. LIBRARY See: PEDDLERS, CANVASSERS AND 1 Established 46-1 SOLICITORS Fees schedule in general. See: FEES (Ap- Street excavation permit requirements ... 66-81 et seq. pendix B) See: STREETS, SIDEWALKS AND Impact fees generally 2-231 et seq. OTHER PUBLIC WAYS See: IMPACT FEES Temporary storage units(permit) 82-400 Library board Tree protection,land clearing 102-39, 102-40 Created 46-26 Vehicles for hire Expenditures 46-27 Certificate of public convenience and ne- Indebtedness 46-33 cessity license 80-26 et seq. Liability of city limited 46-31 Driver's permit 80-51 et seq. I. Meetings 46-30 Licenses and fees to be in addition to Reports to council 46-32 other taxes and charges 80-3 ` LICENSES AND PERMITS Vested rights 115-3 et seq. f See:VESTED RIGHTS Adult entertainment establishment license 10-93 et seq. Alarm systems 30-27 et seq. Wastewater discharge permits 78-98 See:ALARM SYSTEMS LIENS Building sewers Abandoned property Permit for connections 78-77 Collection of lien on private property re Buildings and building regulations 82-1 et seq. towing,storage,expenses 34-188 j See:LAND DEVELOPMENT CODE Application for satisfaction or release of Community appearance review board code enforcement liens 2-260 1 Permits Code enforcement Appeals and review 22-46 Criminal nuisance abatement board Application criteria 22-44 Penalties;fines;liens;recording 2-297 Approval prerequisite for permits... 22-40 „ c Building permits;enforcement 22-47 LIFE SAFETY CODE. See: FIRE PREVEN- Notice of approval or denial 22-43 TION ) I I 1 ) 1 I Supp.No. 22 CDi:29 i 4 I CAPE CANAVERAL CODE Section Section LIGHT INDUSTRIAL DISTRICT LOADING AND UNLOADING Land development code regulations re zon- Offstreet loading ing 110-26 et seq. Land development code regulations re See: LAND DEVELOPMENT CODE zoning 110-26 et seq. LIGHTS AND LIGHTING See:LAND DEVELOPMENT CODE Out of repair vehicles Definitions 34-206 Noises,enumeration of prohibited 34-153(7) Exceptions 34-210 Method of measurement 34-211 LOADS Policy established 34-207 Truck loads causing litter 34-34 Sea turtles LOCAL IMPROVEMENTS. See: PUBLIC Publicly owned lighting regulations.... 14-57 WORKS AND IMPROVEMENTS Signs 94-63 Solid waste LOCAL PLANNING AGENCY Transporting regulations 62-7 Designation and establishment 58-56 et seq. Spill-over lighting standards established.. 34-209 See:PLANNING AND DEVELOPMENT Vehicles for hire 80-76(c) LOTS LIQUEFIED PETROLEUM GAS Land development code regulations re zon- Land development code ing 110-26 et seq. Zoning;liquefied petroleum gas 110-485 See: LAND DEVELOPMENT CODE Public service tax 70-26 et seq. Subdivisions See:TAXATION Land development code regulations.... 98-1 et seq. LITTER AND LITTERING See: LAND DEVELOPMENT CODE Abatement;assessment 34-43 LOUDSPEAKERS Aircraft,dropping from 34-35 Noises,enumeration of prohibited 34-153(3) Burial of trash,rubbish or other debris... 34-41 Definitions 34-26 M Enforcement 34-42 Gutters,sweeping into prohibited 34-31 MALT BEVERAGES.See:ALCOHOLIC BEV- Handbills ERAGES Depositing on uninhabited or vacant premises 34-53 MANUFACTURED GAS Distribution prohibited where property Public service tax 70-26 et seq. posted 34-54 See: TAXATION Inhabited private premises,distribution MAPS. See: SURVEYS,MAPS AND PLATS at 34-55 Throwing or distributing in public places 34-51 MARQUEES Vehicles,placing on 34-52 Signs Merchant's Land development code regulations.... 94-1 et seq. Duty to keep sidewalks free of litter 34-32 See: LAND DEVELOPMENT CODE Occupied private property,depositing on34-37 MAYOR Owner's maintenance of premises 34-38 City manager Posting notices prohibited 34-40 Powers and duties 2-101(3) Property maintenance standards 34-91 et seq. Civil emergencies generally 18-1 et seq. See: PROPERTY MAINTENANCE See: CIVIL EMERGENCIES STANDARDS Persons authorized to declare 18-2 Public places,litter in 34-29 Receptacles,placement in 34-30 MEDICAL SERVICES River or other body of water,throwing in 34-36 Fire protection services; emergency medi- Sidewalks cal services 38-56 Merchant's duty to keep sidewalks free MERCHANTS.See:PEDDLERS,CANVASS- of litter 34-32 ERS AND SOLICITORS Truck loads 34-34 Unlawful deposit 34-28 METERS Vacant lots,depositing on 34-39 Franchise regulations in general. See: Vehicles FRANCHISES(Appendix A) Litter throwing by persons in vehicle 34-33 Outdoor entertainment events Wetlands protection 106-26 et seq. Permit;metered parking 10-72 See:LAND DEVELOPMENT CODE Taximeters 80-76(f) Supp.No. 22 CDi:30 1 4 i CODE INDEX Section Section MINORS MOTOR VEHICLES AND TRAFFIC(Cont'd.) Fireworks Dune parking prohibited 74-59 Operator regulations 38-85 Fire lanes,designation of 74-62 o Sexually oriented businesses, adult enter- No parking zones,authority to establish 74-58 tainment establishments 10-86 et seq. Overnight parking 74-61 1 Unlawful provisions re minors 10-122 Penalties 74-57 MOBILE HOMES AND MOBILE HOME Prohibited in rights-of-way 74-56.5 State law adopted 74-56 PARKS Truck parking 74-60 Flood damage prevention 90-26 et seq. Signs See:LAND DEVELOPMENT CODE Land development code regulations.... 94-1 et seq. Land development code regulations re zon- , See:LAND DEVELOPMENT CODE ing 110-26 et seq. Truck routes 74-32 See: LAND DEVELOPMENT CODE Solicitors, peddlers and itinerant mer- Land development code; zoning chants 16-26 et seq. Nonconformities See: PEDDLERS, CANVASSERS AND Mobile home parks and single-family SOLICITORS mobile home districts 110-192 Solid waste MONIES OF CITY. See: FINANCES Transporting regulations 62-7 Stopping and standing. See herein: Park- MONTHS ing, Stopping and Standing Definitions and rules of construction 1-2 Through streets,parking,etc. ) Public service tax,monthly computation70-34 Certain ordinances not affected by Code 1-10(a)(8) MONUMENTS AND MARKERS Travel on other than streets or highways. 74-1 Trucks ; Applicability Applicability of provisions 74-27 Land development code regulations.... 98-1 et seq. Definitions 74-26 I See:LAND DEVELOPMENT CODE Exceptions 74-29 MOTOR VEHICLES AND TRAFFIC Parking 74-60 `' Alcoholic beverages Penalties 74-28 Motor vehicle regulations 6-51 et seq. Truck loads 34-34 See:ALCOHOLIC BEVERAGES Truck routes Concurrency management system 86-1 et seq. Established 74-30 See: MOTOR VEHICLES AND TRAF- Inside origin 74-30(2) FIC Maps of truck routes 74-31 Dune parking prohibited 74-59 Outside origin 74-30(1) Exhaust Signs for truck routes 74-32 1 Noises,enumeration of prohibited 34-153(6) Vehicles for hire 80-1 et seq. Fire lanes See:VEHICLES FOR HIRE Designation of 74-62 Handbills MOTORBOATS. See: BOATS, DOCKS AND Placing in vehicles 34-52 WATERWAYS Land development code regulations re zon- MUFFLERS fi ing 110-26 et seq. Noises,enumeration of prohibited 34-153(6) See: LAND DEVELOPMENT CODE Litter MUSICAL INSTRUMENTS Throwing by person in vehicles 34-33 Noises,enumeration of prohibited 34-153(2) Maps Truck routes 74-31 N No parking zone,authority to establish74-58 Noises NATURAL DISASTERS. See: CIVIL EMER- Exhausts 34-153(6) GENCIES Horns,signal devices 34-153(1) NATURAL GAS Out of repair vehicles 34-153(7) Public service tax 70-26 et seq. Out of repair vehicles See:TAXATION Noises,enumeration of prohibited 34-153(7) Overnight parking 74-61 NOISE Parking,stopping and standing Construction noise 34-154 County's civil traffic infraction hearing Declaration of policy to prohibit noise 34-151 : (....„ officer program adopted 74-63 Enumeration of prohibited noises 34-153 t Supp.No. 22 CDi:31 CAPE CANAVERAL CODE Section Section NOISE(Cont'd.) OCCUPATIONAL LICENSE TAX. See: TAX- Land development code regulations re zon- ATION ing 110-26 et seq. See:LAND DEVELOPMENT CODE OFFENSES Abandoned property 34-181 et seq. NUDITY See:ABANDONED PROPERTY Alcoholic beverage establishments Certain ordinances not affected by Code 1-10(a)(1) Nudity on premises where served, con- Code does not affect prior offenses 1-8 sumed or stored 6-27 Court costs for police education and train- Sexually oriented businesses, adult enter- ing 50-3 tainment establishments 10-86 et seq. Effect of repeal of ordinances and offenses committed 1-9(b) NUISANCES General penalty; attorneys' fees and costs 1-15 Abandoned property generally 34-181 et seq. Penalties for specific acts,omissions,viola- See:ABANDONED PROPERTY tions, etc. See specific subjects as in- Criminal nuisance abatement board 2-292 et seq. dexed See: CODE ENFORCEMENT State misdemeanor acts adopted,penalties 50-1 General penalty; attorneys' fees and costs 1-15(b) Noise generally 34-151 et seq. OFFICERS AND EMPLOYEES See:NOISE Acting city manager 2-102 Property maintenance standards 34-91 et seq. Animal control officer 14-27 See: PROPERTY MAINTENANCE City clerk STANDARDS Duties 2-116 Spill-over lighting 34-206 et seq. City manager 2-101 et seq. See:LIGHTS AND LIGHTING Powers and duties 2-101 Weeds and vegetation 34-121 et seq. Classification See: WEEDS AND DEAD VEGETA- Certain ordinances not affected by Code 1-10(a)(14) TION Definitions and rules of construction 1-2 Notice to remedy notices 34-123 Delegation of authority Public nuisances prohibited 34-122 Definitions and rules of construction... 1-2 3 Fire chief 38-58 NUMBERS AND NUMBERING Housing Definitions and rules of construction 1-2 Fair housing Numbering of buildings and property 82-366 et seq. Administrator authority and respon- See: LAND DEVELOPMENT CODE sibilities 36-3 Vehicles for hire 80-76(e) Joint authority Number of passengers carried 80-79 Definitions and rules of construction... 1-2 Police chief 42-26 0 Precinct supervisor 42-26 Property OATH,AFFIRMATION,SWEAR OR SWORN Registration and maintenance of prop- Definitions and rules of construction 1-2 ernes in foreclosure OBLIGATIONS Additional authority of enforcement Certain ordinances not affected by Code 1-10(a)(2) officers;immunity 82-123 Salaries OBNOXIOUS SUBSTANCES Certain ordinances not affected by Code 1-10(a)(14) Property maintenance standards 34-91 et seq. Sergeant at arms See: PROPERTY MAINTENANCE City council 2-63 STANDARDS Travel reimbursement policies and proce- OBSCENITY. See: INDECENCY AND OB- dures SCENITY Reimbursement policy and procedures for official travel 2-300 OBSTRUCTIONS Signs ORDINANCES,RESOLUTIONS,ETC. Land development code regulations.... 94-1 et seq. City attorney See:LAND DEVELOPMENT CODE Duties 2-126(4) Solid waste collection 62-11 City council Preparation of ordinances and resolu- OCCUPANCY tions prior to meetings 2-59 Franchise regulations in general. See: County animal control ordinance 14-26 et seq. FRANCHISES(Appendix A) See:ANIMALS AND FOWL Supp.No.22 CDi:32 x 1 i CODE INDEX Section Section ORDINANCES, RESOLUTIONS, ETC. PARKS AND RECREATION (Cont'd.) Alcoholic beverages Franchise regulations in general. See: Ocean Beach 6-53 FRANCHISES(Appendix A) Possession and consumption 6-52 Street abandonment,ordinance required . 66-39 Animals Prohibited in parks 14-28 OUTDOOR ADVERTISING Boats,vessels regulated 54-46 et seq. I. Signs See: BOATS, DOCKS AND WATER- Land development code regulations.... 94-1 et seq. WAYS See:LAND DEVELOPMENT CODE Commercial beach vendor franchises 54-5 OUTDOOR ENTERTAINMENT EVENTS Authority 54-5(a) Compliance with other laws 10-48 Award of franchise 54-5(b) Definitions 10-47 Franchise fee 54-5(c) General provisions 10-46 Identification requirements 54-5(g) t Location of commercial beach vending 54-5(h) Local business tax receipt required 10-49 Penalties and enforcement 10-50 Manner and conduct of beach vending . 54-5(e) Permit Minimum appearance/dress requirements 54-5(f) Alcohol sales and consumption 10-62 Minimum requirements of franchisees . 54-5(d) Application 10-61 Termination or suspension of franchise. 54-5(i) Cleanup and damage deposit 10-66 Commercial solicitation 54-4 Concurrency management 86-1 et seq. Closure or gating of public property and streets 10-64 See: LAND DEVELOPMENT CODE Emergency suspension or cancellation of Culture and leisure services board permitted outdoor entertainment Duties 54-28 event 10-77 Established 54-26 Fees and deposits 10-73 Indebtedness 54-29 ! Fees schedule in general. See: FEES (Ap- Insurance requirements 10-63 Life and public safety requirements10-75 pendix B) 1 Location of public parking; transporta- Glass container prohibited 54-1 ,! tion services 10-67 Impact fees generally 2-231 et seq. Metered parking 10-72 See:IMPACT FEES Other permits and licenses 10-74 Litter Other public gatherings 10-65 Throwing in river or other body of water Revocation of permits 10-76 in parks 34-36 Temporary structures;integrity,height, Open fires restricted 54-3 location 10-69 Park hours 54-2 Turtle protection 10-68 Street excavations 66-61 et seq. Vendors 10-70 See: STREETS, SIDEWALKS AND Water craft,use of 10-71 OTHER PUBLIC WAYS Vessels regulated 54-46 et seq. OWNER See: BOATS, DOCKS AND WATER- , i Definitions and rules of construction 1-2 WAYS Wetlands protection 106-26 et seq. P See: LAND DEVELOPMENT CODE PARTNERSHIPS PARKING Persons;definitions and rules of construc- General regulations 74-56 et seq. tion extended and applied to 1-2 See: MOTOR VEHICLES AND TRAF- 4. FIC PEDDLERS, CANVASSERS AND SOLICI- ' Land development code TORS Zoning Definitions 16-26 AlA Economic Opportunity Overlay Fraud 16-30 District Harassment prohibited 16-28 5 Landscaping;required screening for Parks and recreation commercial parking facilities 110-690 Commercial solicitation 54-4 Outdoor entertainment events Permission to enter premises required6-27 Permit Permit Location of public parking;transpor- Appeals 16-56 tation services 10-67 Application 16-52 Metered parking 10-72 Badge for solicitors 16-57 i Supp.No. 22 CDi:33 a I CAPE CANAVERAL CODE Section Section PEDDLERS, CANVASSERS AND SOLICI- PLANNING AND DEVELOPMENT(Cont'd.) TORS(Cont'd.) Local planning agency Exhibition of permit on request 16-58 Designation and establishment 58-56 Investigation; denial or issuance of; re- Designation of agency,department,corn- cord 16-53 mittee or person to prepare com- Notice of hearing 16-55 prehensive plan 58-58 Required 16-51 Duties and responsibilities 58-57 Revocation 16-54 Notice requirement for amendments to fu- Report of violations 16-31 ture land use map 58-1 Solicitor to leave when requested 16-29 Plan checking fee PENALTIES. See: FINES, FORFEITURES Fees schedule in general. See: FEES AND OTHER PENALTIES (Appendix B) Planning and zoning board 110-3 PERSON See: LAND DEVELOPMENT CODE Definitions and rules of construction 1-2 Sanitary sewer system 78-26 et seq. See: SEWERS AND SEWAGE DIS- PERSONNEL. See: OFFICERS AND EM- POSAL PLOYEES Signs PHONOGRAPHS Land development code regulations 94-1 et seq. Noises,enumeration of prohibited 34-153(2) See: LAND DEVELOPMENT CODE Street excavations 66-61 et seq. PHOTOGRAPHY See: STREETS, SIDEWALKS AND Motion and still photography production OTHER PUBLIC WAYS permits Subdivisions Application for permit 16-66 Land development code regulations.... 98-1 et seq. City manager to act as agent for city 16-64 See:LAND DEVELOPMENT CODE Definitions 16-63 Tree protection,land clearing 102-36 et seq. Nonexemption from other city Code re- See: LAND DEVELOPMENT CODE ...) quirements 16-67 Vested rights 115-1 et seq. Purposes 16-61 See:VESTED RIGHTS Recovery of costs for extraordinary ser- vices 16-68 PLANT LIFE.See:WEEDS AND DEAD VEG- Required 16-65 ETATION Suspension and revocation 16-65 Title 16-60 PLATS. See: SURVEYS,MAPS AND PLATS Violations and penalties 16-65 PLUMBING PIPE LINES Fees schedule in general. See: FEES (Ap- Franchise regulations in general. See: pendix B) FRANCHISES(Appendix A) Flood damage prevention 90-26 et seq. PLANNED UNIT DEVELOPMENTS See: LAND DEVELOPMENT CODE Land development code regulations re zon- Public service tax 70-26 et seq. ing 110-26 et seq. See: TAXATION See:LAND DEVELOPMENT CODE Sanitary sewer system 78-26 et seq. See: SEWERS AND SEWAGE DIS- PLANNING AND DEVELOPMENT POSAL Business and cultural development board. 22-26 et seq. Maintenance of plumbing system 78-35 Community appearance review board .... 22-36 et seq. Comprehensive plan POLES AND WIRES Designation of agency,department,com- Cable television franchise. See: FRAN- mittee or person to prepare 58-58 CRISES(Appendix A) Flood damage prevention 90-26 et seq. Signs See:LAND DEVELOPMENT CODE Land development code regulations.... 94-1 et seq. Franchise regulations in general. See: See: LAND DEVELOPMENT CODE FRANCHISES(Appendix A) Impact fees generally 2-231 et seq. POLICE DEPARTMENT See: IMPACT FEES Court costs for police education and train- Land development code regulations re zon- ing 50-3 ing 110-26 et seq. Fees schedule in general. See: FEES (Ap- See: LAND DEVELOPMENT CODE pendix B) Supp.No.22 CDi:34 1 3 i i co, CODE INDEX 4 Section Section POLICE DEPARTMENT(Cont'd.) PROPERTY MAINTENANCE STANDARDS Police department (Cont'd.) Duties of chief of police and/or precinct Definitions 34-91 supervisor 42-26 Duties and responsibilities for mainte- Vehicles for hire nance 34-97 Receiving police radio calls prohibited; Enforcement 34-95 radios which may be used 80-81 Landscape appearance and maintenance . 34-99 POLITICAL SIGNS Purpose 34-94 Registration and maintenance of proper- 4 Signs ties in foreclosure 82-116 et seq. 4 Land development code regulations.... 94-1 et seq. See:PROPERTY See: LAND DEVELOPMENT CODE Scope 34-93 PROCEEDINGS.See:SUITS,ACTIONS AND Sign appearance and maintenance 34-100 t OTHER PROCEEDINGS Standards established 34-96 1 I PROFESSIONS PROPERTY MANAGEMENT ) Local business tax 70-66 et seq. Personal property control 3 See: TAXATION Definitions 2-207(a) Property acquisition 2-207(d) PROPERTY Property supervision and control 2-207(c) I Abandoned property ert Y g enerall Y 34-180 et se q• Record and inventory of property 2-207(b) See:ABANDONED PROPERTY Recording the disposal of property 2-207(f) 4 Code enforcement citations Surplus property disposition 2-207(e) Enter upon property (inspection war- Valuation of property 2-207(g) rant) 2-290 1 Criminal nuisance abatement board 2-292 et seq. PUBLIC NUDITY. See:NUDITY See: CODE ENFORCEMENT PUBLIC RECORDS. See: RECORDS AND Eminent domain powers re economic devel- REPORTS 1 opment 2-70 1 Numbering of buildings and property 82-366 et seq. PUBLIC SERVICE TAX See: LAND DEVELOPMENT CODE Generally 70-26 et seq. I Outdoor entertainment events See:TAXATION Permit;closure or gating of public prop- erty and streets 10-64 PUBLIC SEWERS.See:SEWERS AND SEW- 1 Property maintenance code 82-221 et seq. AGE DISPOSAL Buildings and building regulations.See: ! LAND DEVELOPMENT CODE PUBLIC THOROUGHFARES.See:STREETS, � } Registration and maintenance of proper- SIDEWALKS AND OTHER PUBLIC ) ties in foreclosure WAYS 1 Additional authority of enforcement of- Y PUBLIC VEHICLES ficers;immunity 82-123 Vehicles for hire 80-1 et seq. ) Definitions 82-117 See:VEHICLES FOR HIRE Enforcement;penalties 82-124 1 Maintenance requirements 82-121 PUBLIC WAYS.See:STREETS,SIDEWALKS 1 Mortgagee inspection requirements 82-120 AND OTHER PUBLIC WAYS I Purpose and intent 82-116 ak Registration fees 82-119 PUBLIC WORKS AND IMPROVEMENTS Registration requirements 82-118 Certain ordinances not affected by Code.. 1-10(a)(11) Security requirements 82-122 Concurrency management 86-1 et seq. Supplemental authority 82-125 See:LAND DEVELOPMENT CODE 1 x Signs Flood damage prevention 90-26 et seq. See: LAND DEVELOPMENT CODE Land development code regulations.... 94-1 et seq. I See: LAND DEVELOPMENT CODE Franchise regulations in general. See: Sleeping and camping in public areas and FRANCHISES(Appendix A) l beaches 50-4 Land development code regulations re zon- Vested rights 115-1 et seq. ing 110-26 et seq. See:LAND DEVELOPMENT CODE See:VESTED RIGHTS Local planning agency 58-56 et seq. CiPROPERTY MAINTENANCE STANDARDS See:PLANNING AND DEVELOPMENT Authority 34-92 Public service tax generally 70-26 et seq. Building appearance and maintenance ... 34-98 See:TAXATION i Supp.No. 22 CDi:35 I i J CAPE CANAVERAL CODE Section Section J PUBLIC WORKS AND IMPROVEMENTS RADIOS(Cont'd.) (Cont'd.) Vehicles for hire Signs Receiving police radio calls prohibited; Land development code regulations.... 94-1 et seq. radios which may be used 80-81 See: LAND DEVELOPMENT CODE Street excavations 66-61 et seq. RAILROADS AND TRAINS See: STREETS, SIDEWALKS AND Franchise regulations in g general. See: OTHER PUBLIC WAYS FRANCHISES(Appendix A) Subdivisions Land development code regulations 98-1 et seq. RECORDS AND REPORTS See:LAND DEVELOPMENT CODE City clerk Weeds and vegetation 34-121 et seq. Duties 2-116(1) See: WEEDS AND DEAD VEGETA- Code enforcement TION Criminal nuisance abatement board Wetlands protection 106-26 et seq. Penalties;fines;liens;recording 2-297 See:LAND DEVELOPMENT CODE Franchise regulations in general. See: PURCHASES AND PURCHASING FRANCHISES(Appendix A) Availability of funds 2-225 Land development code;zoning Award to other than low bidder 2-218(7) Nonconformities Bid deposits 2-218(3) Nonconforming lots of record 110-196 Bid opening 2-218(4) Sewers Blanket purchase orders 2-224 Industrial or commercial wastewater City bidders list 2-218(2) monitoring reporting re discharges 78-100 Cooperative purchasing 2-222 Sexually oriented businesses, adult enter- Definitions 2-216 tainment establishments license Emergency purchase 2-221 Records,reports 10-105 Franchise regulations in general. See: Worker records 10-110 FRANCHISES(Appendix A) Solicitors, peddlers and itinerant mer- Ineligible contractors 2-218(6) chants Notice 2-218(1) Permit record 16-53 Open market purchase procedures 2-219 Report of violations 16-31 Performance bond 2-218(9) Subdivisions Personal property control Land development code regulations.... 98-1 et seq. Property acquisition 2-207(d) See: LAND DEVELOPMENT CODE Property supervision and control 2-207(c) Vehicles for hire Recording disposal of property 2-207(f) Maintenance of records 80-85 Surplus property disposition 2-207(e) Report to accidents 80-88 Procedure 2-218 Prohibition of interest RECREATION. See: PARKS AND RECRE- Financial interest 2-226(a) ATION Gifts and rebates 2-226(b) Purpose 2-217 RECYCLABLE MATERIALS Rejection of bids 2-218(5) Residences 62-9(b) Sole source 2-220 Solid waste generally 62-1 et seq. Subdivision,prohibition against 2-223 See: SOLID WASTE Tie bids 2-218(8) Utilities service REFUSE. See: SOLID WASTE Purchase of 70-33 Without collecting public service tax, REGULAR MEETINGS purchase of 70-37 City council 2-56 PYROTECHNICS. See: FIREWORKS RESIDENTIAL DISTRICTS Land development code regulations re zon- ing 110-26 et seq. R See: LAND DEVELOPMENT CODE RADIOLOGICAL WASTE.See:SOLID WASTE Signs 94-96 et seq. Solid waste RADIOS Fees schedule in general. See: FEES Noises,enumeration of prohibited 34-153(2) (Appendix B) Supp.No. 22 CDi:36 4 1 CODE INDEX i Ci Section Section RESIDENTIAL PLANNED UNIT DEVELOP- SEWERS AND SEWAGE DISPOSAL(Cont'd.) MENTS Commercial use.See herein:Industrial and Land development code regulations re zon- Commercial Use ing 110-26 et seq. Concurrency management 86-1 et seq. ) See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE REVENUES OF CITY.See: FINANCES Connection with sewer R Late connection charge 78-28 REZONING Required 78-27 Certain ordinances not affected by Code.. 1-10(a)(9) Unlawful connection 78-29 1 Deposit required 78-151 1 RIGHTS Disposal 78-33 Certain ordinances not affected by Code.. 1-10(a)(4) Failure to maintain plumbing system 78-36 Code does not affect prior rights estab- Fees schedule in general. See: FEES (Ap- lished or occurring 1-8 pendix B) Free service 78-37 1 ROAD SIGNS Land development code regulations 94-1 et seq. Impact fees Change of use 78-128 ROBBERYALARMS.See:ALARM SYSTEMS Cost of living increase 78-129 RUBBISH. See: SOLID WASTE Established 78-121 Excessive quantity of wastewater 78-123 Full payment required prior to issuance S of certificate or license 78-125 SALES Generally 2-231 et seq. i See: IMPACT FEES Outdoor entertainment events Permit;alcohol sales and consumption. 10-62 Offsite sewage plumbing 78-131 3 Utility service without collection of public Payment 78-122 service tax 70-40 Port Canaveral customers 78-130 g Use of funds 78-127 I SANITARY SEWER SYSTEM.See:SEWERS Industrial and commercial use # AND SEWAGE DISPOSAL Administrative enforcement procedures 78-59 Administrative penalties 78-60 SCREENS AND SCREENING Applicability of provisions 78-54 Land development code I Zoning Building sewers and connections AlA Economic Opportunity Overlay Connecting sources of surface runoff District or groundwater 78-84 Landscaping;required screening for Cost of installation;indemnification. 78-78 t commercial parking facilities 110-690 Elevations 78-82 Property maintenance standards 34-91 et seq. . 1 Excavations 78-83 See: PROPERTY MAINTENANCE Notice of inspection and connection 78-79 3 STANDARDS Old building sewers 78-80 ; Permit for connections SEA TURTLES. See:ANIMALS AND FOWL Application 78-77(b) SEAL OF CITY Required 78-77(a) Public sewers,connection to 78-85 City clerk Separate sewers for each building78-76 Duties 2-116(1) Specifications 78-81 1 SEPTIC TANKS Definitions 78-51 Sanitary sewer requirements 78-34 Discharges Fees 78-99 1 SERGEANT AT ARMS General prohibitions and limitations 78-96 1 City council 2-63 Industrial or commercial wastewater r SETBACKS monitoring and reporting 78-100 ff Land development code regulations re zon- Permission to use sewer system;waste- ! } ing 110-26 et seq. water discharge permit 78-98 See:LAND DEVELOPMENT CODE Prohibited wastes,control of 78-97 Wastewater discharge permit 78-98 SEWERS AND SEWAGE DISPOSAL Emergency,termination of service in78-58 ■ } Building sewers and connections.See herein: Enforcement;authority;minimum Stan- ' Industrial and Commercial Use dards 78-53 Supp.No. 22 CDi:37 CAPE CANAVERAL CODE Section Section SEWERS AND SEWAGE DISPOSAL(Cont'd.) SEXUALLY ORIENTED BUSINESSES, Inspectors ADULT ENTERTAINMENT ESTAB- Power and authority of 78-56 LISHMENTS(Cont'd.) Judicial remedies 78-61 Fees schedule in general. See: FEES (Ap- Public sewers, use of required 78-55 pendix B) Publication of significant violation 78-62 General requirements 10-111 Purpose 78-52 Hours of operation;unlawful provisions .. 10-124 Rates and charges Immunity from prosecution 10-130 Surcharge for abnormal strength Land development code regulations re zon- wastes 78-111 ing 110-26 et seq. Right of refusal 78-57 See: LAND DEVELOPMENT CODE Land development code regulations re zon- License ing 110-26 et seq. Annual license fee 10-103 See:LAND DEVELOPMENT CODE Application;fee 10-95 Maintenance of plumbing system 78-35 Consent 10-98 Monthly sewer rates 78-152 Contents of application 10-96 Old plumbing,connecting 78-31 Contents of license,term,renewals,ex- Payment of sewer charges required 78-153 piration, lapse, nonconforming es- Penalties 78-26 tablishments 10-104 Private water supply Continuing duty;false,misleading infor- Sewer fees where owner has 78-154 mation 10-97 Public service tax generally 70-26 et seq. Investigation of applicant 10-99 See:TAXATION Issuance or denial of license 10-100 Rates and charges Operation without license 10-119 Monthly sewer rates 78-152 Reapplication after denial 10-102 Payment of sewer charges required.... 78-153 Reasons for denial of application of li- Sewer fees where owner has private cense 10-101 water supply 78-154 Records,reports 10-105 Sanitary requirements 78-32 Required 10-93 Separate connection for each separate build- Suspension,revocation of license 10-108 ing 78-38 Transfer of license 10-106 Septic tanks 78-34 Local business tax receipts/home occupa- Sewer fees where owner has private water tions 10-128 supply 78-154 Location,distance requirements 110-352(7) Subdivisions Minors;unlawful provisions 10-122 Land development code regulations.... 98-1 et seq. Name change(establishment) 10-107 See: LAND DEVELOPMENT CODE Notice 10-91 Unlawful connection 78-29 Obscenity; indecent exposure unlawful ... 10-89 Unlawful construction 78-30 Offices, departments (other); responsibili- Wastewater discharge permits 78-98 ties 10-94 Operation contrary to operational require- SEXUALLY ORIENTED BUSINESSES, ments 10-120 ADULT ENTERTAINMENT ESTAB- Penalties;remedies;relief 10-92 LISHMENTS Purpose, findings, intent; incorporation of Adult performance establishment 10-114 whereas clauses 10-87 Alcoholic beverages establishments Records; unlawful provisions 10-123 Nudity on premises where alcohol served, Restrooms,dressing rooms,use of 10-121 consumed or stored 6-27 Sexual encounter businesses prohibited; Commercial bodily contact establishments 10-115 prohibited acts 10-129 Prohibited;savings provision 10-127 Sexually oriented businesses 10-112 Commercial bodily contact;unlawful provi- Short title 10-86 sions 10-126 Suspension, revocation proceedings 10-109 Construction 10-88 Theater(adult) 10-113 Definitions 10-90 Worker records 10-110 Engaging in prohibited activity Customers 10-117 SHOPPING CENTERS Workers;operators 10-118 Signs Escort service 10-116 Land development code regulations.... 94-1 et seq. Escorts,escort services 10-125 See:LAND DEVELOPMENT CODE Supp.No. 22 CDi:38 tr 2 � i 1 y E I 1 CODE INDEX 1 Section Section SHOUTING SOLID WASTE(Cont'd.) 1 Noises,enumeration of prohibited 34-153(4) Separation of solid waste 62-9(a) Solid waste 62-9(d) SIDEWALKS. See: STREETS, SIDEWALKS Yard waste 62-9(c) AND OTHER PUBLIC WAYS Sanitary sewer system 78-26 et seq. I SIGNS AND BILLBOARDS See: SEWERS AND SEWAGE DIS- Fees schedule in general. See: FEES (Ap-1 POSAL 4 pendix B) Schedule of fees 62-5 Handbills Transporting 62-7 Litter regulations 34-51 et seq. Tree protection,land clearing 102-36 et seq. See: LITTER See:LAND DEVELOPMENT CODE 1 Property maintenance standards Unlawful acts Sign appearance and maintenance 34-100 Burning or burying of solid waste 62-11(c) Specific regulations pertaining signs 94-1 et seq. Container of another 62-11(b) See: SIGNS AND BILLBOARDS Hazardous waste 62-11(f) 1 Truck routes,signs for 74-32 Obstruction 62-11(a) Unlawful accumulations 62-11(d) SINGING Unlawful disposal 62-11(e) Noises,enumeration of prohibited 34-153(4) 1 SOUND AMPLIFIERS SITE PLANS Noises,enumeration of prohibited 34-153(3) Fees schedule in general. See: FEES (Ap- STATE pendix B) 4 Ij Land development code regulations re zon- Abandoned property ing 110-26 et seq. Notification of owner;following removal by city See:LAND DEVELOPMENT CODE Documentation filed with state 34-185(e) SLEEPING Definitions and rules of construction 1-2 Sleeping and camping in public areas and Election code adopted 26-1 1 beaches 50-4 Law SLOT MACHINES OR DEVICES City attorney Duties 2-126(3) Definitions 10-201 Misdemeanor acts adopted,penalty 50-1 Exemption 10-203 parking,state law adopted 74-56 Prohibited 10-202 Vehicles for hire ( Purpose;intent 10-200 Application of provisions to vehicle, op- SOLICITORS. See: PEDDLERS, CANVASS- erator regulator by state govern- . ERS AND SOLICITORS ment 80-2 SOLID WASTE STORAGE City Abandoned vehicles on private property 34-181 I Authority to collect 62-3 Fireworks d Ownership by city 62-4 Private use,storage,display prohibited; Complaint procedure 62-6 public displays authorized by per- Concurrency management 86-1 et seq. mit only 38-82 I See: LAND DEVELOPMENT CODE Storage of materials 38-87 Containers Temporary storage units 82-400 Required 62-8 STORMWATER DRAINAGE Definitions 62-1 Certain ordinances not affected by Code.. 1-10(a)(17) Fees schedule in general. See: FEES (Ap- Construction site stormwater runoff con- 1 pendix B) trol 90-200 et seq. 1 Ownership by city 62-4 See: CONSTRUCTION Proper disposal prerequisite to collection 62-10 Illicit discharge and connection / Public nuisances prohibited Applicability 78-403 Dead plants,refuse,debris Authorized enforcement agency 78-401 ■ } Yards,etc.,to be kept free of 34-122 Definitions 78-402 1 Regulations on file 62-12 Discharge prohibitions 78-406 1 Residential solid waste pickup conditions Enforcement 78-413 1 Location of solid waste containers 62-9(f) Industrial or construction activity dis- 1 Pickup 62-9(e) charges 78-408 I Recyclable material 62-9(b) Monitoring of discharges 78-409 t Supp. No. 22 CDi:39 S i i CAPE CANAVERAL CODE '44•101) Section Section STORMWATER DRAINAGE(Cont'd.) STREETS,SIDEWALKS AND OTHER PUB- Notification of spills 78-412 LIC WAYS(Cont'd.) Requirements to prevent, control, and Permit reduce stormwater pollutants by Application 66-82 the use of BMPs 78-410 Deposits 66-84 Responsibility for administration 78-404 Fee 66-83 Short title: purpose and objectives 78-400 Inspections 66-85 Suspension of MS4 access 78-407 Required 66-81 Ultimate responsibility 78-405 Fire lanes,designation of 74-62 Watercourse protection 78-411 Franchise agreements 66-1 Stormwater drainage utility Franchise regulations in general. See: Creation 78-275 FRANCHISES(Appendix A) Definitions,construction 78-277 Grades Determination of ERUs 78-301 Certain ordinances not affected by Code 1-10(a)(10) Fee,stormwater 78-300 Handbills Findings,determinations,powers 78-276 Throwing or distributing in public places 34-51 Operating budget 78-278 Impact fees generally 2-231 et seq. Program responsibility 78-325 See: IMPACT FEES Stormwater management utility enter- Land development code regulations re zon- prise fund 78-326 ing 110-26 et seq. Subdivisions See: LAND DEVELOPMENT CODE Land development code regulations.... 98-1 et seq. Lighting 34-206 et seq. See: LAND DEVELOPMENT CODE See: LIGHTING STORMWATER MANAGEMENT Litter 34-26 et seq. See: LITTER Fees schedule in general. See: FEES (Ap- Local planning agency 58-56 et seq. pendix B) See:PLANNING AND DEVELOPMENT Sanitary sewer system 78-26 et seq. Noise See: SEWERS AND SEWAGE DIS- Enumeration of prohibited 34-153(4) POSAL Open containers J Street excavations 66-61 et seq. Prohibited in motor vehicles 6-68 See: STREETS, SIDEWALKS AND Outdoor entertainment events OTHER PUBLIC WAYS Permit;closure or gating of public prop- Wetlands protection 106-26 et seq. erty and streets 10-64 See:LAND DEVELOPMENT CODE Parks and recreation areas 54-1 et seq. STREETS,SIDEWALKS AND OTHER PUB- See: PARKS AND RECREATION LIC WAYS Property maintenance standards 34-91 et seq. Alcoholic beverages See: PROPERTY MAINTENANCE Possession and consumption 6-51 STANDARDS Beach end streets Public service tax generally 70-26 et seq. Camping prohibited 50-4 See: TAXATION Cable television franchise Right-of-way Conditions of street occupancy. See: Use agreements 66-1 FRANCHISES(Appendix A) Camping prohibited 50-4 Certain ordinances not affected by Code.. 1-10(a)(5) Signs Concurrency management system 86-1 et seq. Land development code regulations.... 94-1 et seq. See: MOTOR VEHICLES AND TRAF- See: LAND DEVELOPMENT CODE FIC Solicitors, peddlers and itinerant mer- Excavations chants 16-26 et seq. City See: PEDDLERS, CANVASSERS AND Authority of city 66-64 SOLICITORS Right to restore surface 66-69 Solid waste generally 62-1 et seq. Cleanup 66-68 See: SOLID WASTE Emergencies 66-70 Transporting regulations 62-7 Engineering details 66-66 Street lights Guarantee 66-67 Sea turtle regulations 14-57 Inspections 66-63 Streets Liability of city 66-62 Abandonment Method of installation 66-65 Authority 66-36 Penalty 66-61 Ordinance required 66-39 ,....) Supp.No. 22 CDi:40 i l CODE INDEX 4 Section Section STREETS,SIDEWALKS AND OTHER PUB- SURFACE DRAINAGE LIC WAYS(Cont'd.) Subdivisions Petition Land development code regulations.... 98-1 et seq. For action 66-37 See: LAND DEVELOPMENT CODE Procedure 66-38 Civil liability for damage 66-26 SURVEYS,MAPS AND PLATS Amendment to zoning map Speed bumps 66-27 Certain ordinances not affected by Code 1-10(a)(9) {Subdivisions Land development code regulations 98-1 et seq. Dedicating or accepting ; See:LAND DEVELOPMENT CODE Certain ordinances not affected by Code 1-10(a)(12) Franchise regulations in general. See: (Traffic FRANCHISES(Appendix A) Certain ordinances not affected by Code 1-10(a)(8) 1 Planning and development Travel on other than streets or highways 74-1 s Tree protection,land clearing 102-36 et seq. Notice requirement for amendments to Ii See:LAND DEVELOPMENT CODE future land use map 58-1 i Trucks generally 74-26 et seq. Subdivisions See: MOTOR VEHICLES AND TRAF- Land development code regulations.... 98-1 et seq. FIC See: LAND DEVELOPMENT CODE / Truck routes,map of 74-31 Weeds and vegetation 34-121 et seq. See: WEEDS AND DEAD VEGETA- SWEAR OR SWORN.See:OATH,AFFIRMA- TION TION,SWEAR OR SWORN Wetlands protection 106-26 et seq. See: LAND DEVELOPMENT CODE SWIMMING POOLS Yelling,shouting,hooting,whistling, sing- Land development code regulations re zon- ing ing 110-26 et seq. See: LAND DEVELOPMENT CODE SUBDIVISIONS Dedicating or accepting T I Certain ordinances not affected by Code 1-10(a)(12) Fees schedule in general. See: FEES (Ap- TAXATION pendix B) Certain ordinances not affected by Code 1-10(a)(7) Flood damage prevention 90-26 et seq. Fees schedule in general. See: FEES (Ap- See: LAND DEVELOPMENT CODE pendix B) ! Impact fees generally 2-231 et seq. Franchise regulations in general. See: See: IMPACT FEES FRANCHISES(Appendix A) Land development code Local business tax Regulations re subdivisions 98-1 et seq. Contractors and subcontractors See: LAND DEVELOPMENT CODE Special requirements for 70-85 Regulations re zoning 110-26 et seq. Definitions 70-66 ir See:LAND DEVELOPMENT CODE Delinquencies 70-76 Public service tax generally 70-26 et seq. Duplicate,issuance of 70-80 I See:TAXATION Engaging in business Purchasing Evidence of engaging in business 70-72 Prohibition against subdivisions 2-223 Without paying tax or making reports 70-71 Sanitary sewer system 78-26 et seq. Exemptions 70-83 I See: SEWERS AND SEWAGE DIS- False statement in receipt application 70-73 POSAL Form,signing of receipts;report of infor- 3. Street excavations 66-61 et seq. mation 70-70 See: STREETS, SIDEWALKS AND Insurance 70-84 OTHER PUBLIC WAYS Levied 70-67 Wetlands protection 106-26 et seq. Local business tax for businesses not I See:LAND DEVELOPMENT CODE otherwise designated 70-88 Multiple receipt 70-78 SUITS,ACTIONS AND OTHER PROCEED- Penalty for failure to obtain or renew INGS receipt 70-75 Codes does not affect prior acts committed Preservation,display of receipt 70-79 or done 1-8 Rate schedule 70-89 Effect of repeal of ordinances on suits or Receipt required;payment of tax prereq- proceedings pending 1-9(b) uisite to issuance 70-69 1 Supp.No. 22 CDi:41 CAPE CANAVERAL CODE Section Section J TAXATION(Cont'd.) TELEGRAPH SERVICES Receipt year;tax payment date;term of Public service tax generally 70-26 et seq. receipt;proration of tax 70-74 See: TAXATION Records of issued receipts 70-86 Records of licensees 70-87 TELEPHONES Records of receipts 70-87 Automatic telephone direct dialing device; Refunds 70-82 digital alarm communicator system . 30-37 Separate receipt required for each place Franchise regulations in general. See: of business 70-77 FRANCHISES(Appendix A) Transfer of receipt 70-81 TELEVISIONS Violations and penalties 70-68 Franchise regulations in general. See: Local improvements FRANCHISES(Appendix A) Certain ordinances not affected by Code 1-10(a)(11) Noises,enumeration of prohibited 34-153(2) Outdoor entertainment events Local business tax receipt required .... 10-49 TENSE Public service tax Definitions and rules of construction 1-2 Applicability 70-28 Appropriation of revenue 70-44 TIME Authority;findings 70-27 Computation of time Collection 70-35 Definitions and rules of construction... 1-2 Computation 70-32 TOPOGRAPHY Continuance of tax and appropriation70-45 Property maintenance standards 34-91 et seq. Definitions 70-26 See: PROPERTY MAINTENANCE Discontinuance of utilities service 70-39 STANDARDS Exemptions 70-30 Subdivisions Failure to pay tax Land development code regulations.... 98-1 et seq. Collected 70-38 See: LAND DEVELOPMENT CODE Generally 70-42 Levied 70-29 TORNADOS j Monthly computation 70-34 Civil emergencies generally 18-1 et seq. Payment 70-31 See: CIVIL EMERGENCIES Payment of utilities service without pay- ment of tax 70-41 TOWING Penalty 70-43 Abandoned property Purchase of utilities service Liability of owner for towing, storage Generally 70-33 expenses 34-188 Without collecting tax 70-37 TOWNHOUSES Records 70-36 Land development code regulations re zon- Sale of utilities service without collec- ing 110-26 et seq. tion of tax 70-40 See:LAND DEVELOPMENT CODE Sexually oriented businesses, adult enter- tainment establishments TOXIC WASTE. See: SOLID WASTE Local business tax receipts/home occu- pations 10-128 TRADES Vehicles for hire Local business tax 70-66 et seq. Licenses and fees to be in addition to See: TAXATION other taxes and charges 80-3 TRAFFIC. See: MOTOR VEHICLES AND TAXICABS. See:VEHICLES FOR HIRE TRAFFIC TECHNICAL CODES TRASH. See: SOLID WASTE Building codes. See also: LAND DEVEL- OPMENT CODE TRAVEL EXPENSES. See: OFFICERS AND Building code 82-31 et seq. EMPLOYEES Coastal construction code 82-88 et seq. TREASURER. See: CITY TREASURER Property maintenance code 82-221 et seq. Unsafe building abatement code 82-56 et seq. TREES AND SHRUBBERY Fire prevention code 38-26 et seq. Fees schedule in general. See: FEES (Ap- See:FIRE PREVENTION pendix B) Florida Fire Prevention Code 38-26,38-27 Impact fees generally 2-231 et seq. Life Safety Code 38-28,38-29 See: IMPACT FEES Supp.No.22 CDi:42 4 Z CODE INDEX i` Section Section TREES AND SHRUBBERY(Cont'd.) V Tree protection Land clearing 102-36 et seq VEGETATION. See: WEEDS AND DEAD . See:LAND DEVELOPMENT CODE VEGETATION Weeds and vegetation 34-121 et seq. VEHICLES FOR HIRE {' See: WEEDS AND DEAD VEGETA- Accidents TION Report of 80-88 Alcoholic beverages 80-87 TRUCKS Certificate of public convenience and neces- y Load regulations re litter 34-34 sity license ' Parking 74-60 Application 80-27 , Traffic regulations 74-26 et seq. Approval 80-28 See: MOTOR VEHICLES AND TRAF- FIC of proof 80-29 g Required 80-26 i TURTLES Suspension and revocation 80-31 Transfer 80-32 Sea turtles 14-51 et seq. q' Compliance with provisions 80-4 See:ANIMALS AND FOWL s Cruising, soliciting business prohibited 80-83 Definitions 80-1 U Driver's attendance to vehicles 80-84 )4 Driver's permit UNSAFE BUILDINGS Application 80-53 ', Unsafe building abatement code 82-56 et seq. Fees 80-55 Buildings and building regulations.See: Fees schedule in general. See: FEES LAND DEVELOPMENT CODE (Appendix B) Investigation;issuance,denial;posting. 80-54 ii UTILITIES Penalty 80-52 Flood damage prevention 90-26 et seq. Required 80-51 1 See:LAND DEVELOPMENT CODE Surrender;revocation; suspension 80-57 1 Transferability;term of validity 80-56 Franchise regulations in general. See: Y> Y FRANCHISES(Appendix A) Federal or state government I Illicit discharge and connection 78-400 et seq. Application to vehicles, operators regu- See: STORMWATER DRAINAGE lated by 80-2 Fees schedule in general. See: FEES (A Impact fees generally 2-231 et seq. g p- 1 See: IMPACT FEES pendix B) Land development code regulations re zon- Insurance 80-5 ing 110-26 et seq. Licenses and fees to be in addition to other t taxes and charges 80-3 See: LAND DEVELOPMENT CODE gg Public service tax generally 70-26 et seq. Lost money or property 80-86 See:TAXATION Maintenance of records 80-85 Nonpaying passengers with paying passen- Reclaimed water 78-176 et seq. gers,transporting of 80-80 See:WATER SUPPLY AND DISTRIBU- Number of passengers carried 80-79 a TION Police radio calls,receiving prohibited;ra- Sanitary sewer system 78-26 et seq. dios which may be used 80-81 See: SEWERS AND SEWAGE DIS- Rates and charges 1 POSAL Charging rates in excess of established { Service rate, deposits and billing proce- rates 80-78 g dures Schedule of 80-77 g Deposit required 78-151 Report of accidents 80-88 1 Monthly sewer rates 78-152 Required equipment; standards I Payment of sewer charges required 78-153 Compliance 80-76(a) Sewer fees where owner has private General mechanical condition; cleanli- water supply 78-154 ness;lighting 80-76(c) Stormwater drainage utility 78-275 et seq. Letters,numbers required 80-76(e) Street excavations 66-61 et seq. Mechanical inspection 80-76(d) 3 See: STREETS, SIDEWALKS AND Substitution of equipment 80-76(g) OTHER PUBLIC WAYS Taximeters 80-76(f) < Wetlands protection 106-26 et seq. Vehicle type,capacity 80-76(b) See: LAND DEVELOPMENT CODE Schedule rates and charges 80-77 Supp.No. 22 CDi:43 1 I 1 CAPE CANAVERAL CODE ..iiiiii) Section Section VEHICLES FOR HIRE(Cont'd.) WATER SUPPLY AND DISTRIBUTION Stands,depots,terminals and parking.... 80-82 (Cont'd.) Sanitary sewer system 78-26 et seq. VESSELS. See: BOATS, DOCKS AND WA- See: SEWERS AND SEWAGE DIS- TERWAYS POSAL VESTED RIGHTS Subdivisions Application for vested rights determina- Land development code regulations 98-1 et seq. tion 115-7 See: LAND DEVELOPMENT CODE Definitions 115-2 WATERWAYS, WATERCOURSES. See: Exhaustion of administrative remedies re- BOATS,DOCKS AND WATERWAYS quired 115-4 Issuance vested rights permit 115-12 WEEDS AND DEAD VEGETATION Judicial review 115-13 Fees schedule in general. See: FEES (Ap- Permit expiration; substantial deviations, pendix B) etc 115-6 Intent 34-121 Public hearing 115-11 Notice to remedy nuisance 34-123 Purpose and intent 115-1 Public nuisance prohibited 34-122 Review and recommendation by city attor- Records 34-127 ney 115-8 Remedies by city 34-126 Standards for determining vested rights.. 115-5 Tree protection,land clearing 102-36 et seq. Supplemental evidence 115-9 See: LAND DEVELOPMENT CODE Vested rights agreements 115-10 WETLANDS PROTECTION Vested rights permits,effect 115-3 Specific regulations 106-26 et seq. See: LAND DEVELOPMENT CODE W WHISKEY. See:ALCOHOLIC BEVERAGES WASTEWATER WHISTLING Sewer impact fees Noises,enumeration of prohibited 34-153(4) J Excessive quantity of 78-123 WINE.See:ALCOHOLIC BEVERAGES WATER SUPPLY AND DISTRIBUTION WRITS, WARRANTS AND OTHER PRO- Concurrency management 86-1 et seq. CESSES See:LAND DEVELOPMENT CODE Code enforcement citations Flood damage prevention 90-26 et seq. Enter upon property (inspection war- See: LAND DEVELOPMENT CODE Impact fees generally 2-231 et seq. rant) 2-290 Franchise regulations in general. See: See: IMPACT FEES FRANCHISES(Appendix A) Public service tax generally 70-26 et seq. See:TAXATION Reclaimed water Y Connection to the system 78-177 YARD WASTE. See: SOLID WASTE Definitions 78-176 Installation and inspection of the re- YARDS AND OPEN SPACES claimed water system Subdivisions Adoption of Chapter 62-610,F.A.0 78-200 Land development code regulations.... 98-1 et seq. Areas embraced 78-197 See:LAND DEVELOPMENT CODE Code enforcement board authority and Weeds and vegetation 34-121 et seq. violation liability 78-195 See: WEEDS AND DEAD VEGETA- Cross-connection control 78-198 TION Discontinuance of service 78-193 YELLING Inspections 78-192 Noises,enumeration of prohibited 34-153(4) Policies and regulations adopted;com- pliance required 78-191 Z Public employees liability 78-196 Unauthorized use 78-199 ZONING Unlawful connections or practices 78-194 Amendments to map Reclaimed water uses 78-178 Certain ordinances not affected by Code 1-10(a)(9) Right to refuse service 78-181 Fees schedule in general. See: FEES (Ap- Usage rates 78-180 pendix B) Supp.No.22 CDi:44 CODE INDEX Section Section ZONING(Cont'd.) Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE Land development code 110-1 et seq. See:LAND DEVELOPMENT CODE Local planning agency 58-56 et seq. See:PLANNING AND DEVELOPMENT Signs Land development code regulations 94-1 et seq. See:LAND DEVELOPMENT CODE Street excavations 66-61 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Subdivisions Land development code regulations 98-1 et seq. See:LAND DEVELOPMENT CODE Plats and lot splits Division of land;review and approval required;zoning 98-31 Weeds and vegetation 34-121 et seq. See: WEEDS AND DEAD VEGETA- TION Wetlands protection 106-26 et seq. See:LAND DEVELOPMENT CODE � I ) ) Supp.No. 22 CDi:45