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Home My WebLink AboutSupplement 23SUPPLEMENT NO. 23 November 2014 CODE OF ORDINANCES City of CAPE CANAVERAL, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 09-2014, adopted September 16, 2014. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages xi—xviii xi—xix Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:1, SH:2 SH:1, SH:2 CD2:8.1—CD2:12 CD2:9—CD2:12 CD2:21—CD2:22.1 CD2:21—CD2:22.1 CD54:1 CD54:1, CD54:2 CD54:3—CD54:7 CD54:3—CD54:15 CD82:1—CD82:2.1 CD82:1—CD82:2.1 CD82:13—CD82:18 CD82:13—CD82:20 CD90:1—CD90:31 CD90:1—CD90:4 CD90:5—CD90:41 CD92:1 CD92:1 CD92:3—CD92:7 CD93:1 CD94:1, CD94:2 CD94:1, CD94:2 CD94:3—CD94:21 CD94:3—CD94:23 CD 102:1 CD 102:1 CD 102:3—CD 102:21 CD 102:3—CD 102:17 CD 110:5—CD 110:8 CD 110:5—CD 110:8 CD110:13—CD110:22 CD110:13—CD110:22.1 CD 110:46.5—CD 110:46.17 CD 110:46.5—CD 110:46.18 CD 110:67—CD 110:72.1 CD 110:67—CD 110:72.3 CD110:85, CD110:86 CD110:85, CD110:86 CD 110:93, CD 110:94 CD 110:93—CD 110:94.1 CD 110:100.1—CD 110:102 CD 110:101—CD 110:102.1 CDA:1—CDA:14 CDA:1, CDA:2 CDA:3 CDA:27—CDA:31 CDA:27, CDA:28 Remove Old Pages CCT:25, CCT:26 SLT:1—SLT:3 CDi:l—CDi:45 INSTRUCTION SHEET—Cont'd. Insert New Pages CCT:25—CCT:27 SLT:1—SLT:3 CDi: l—CDi:46 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. • unicode Municipal Code Corporation • PO Box 2235 Tallahassee, FL 32316 info@municode.com • 800.262.2633 fax 850.575.8852 • www.municode.com D 19 TABLE OF CONTENTS Page Current Officials (2013) ...................................... iii Officials of the City at the Time of this Codification ............ iv.i Preface..................................................... v Adopting Ordinance ......................................... ix Checklist of Up -to -Date Pages ................................ [1] Supplement History Table ................................... SHA PART I C3sI�sY_Y_�! Charter..................................................... CHTJ Art. I. Powers of the City ............................ CHT:3 Art. II. City Council ................................. CHT:4 Art. III. City Manager ............................... CHT:8 Art. IV Departments, Offices and Agencies ........... CHT:8 Art. V. Financial Management ....................... CHT:9 Art. VI. Elections ................................... CHT:11 Art. VII. General Provisions ......................... CHT:14 Art. VIII. Charter Amendment ....................... CHT:14 Art. IX. Transition and Severability .................. CHT:15 Charter Comparative Table—Laws of Florida .................. CHTCTJ Charter Comparative Table—Ordinances ...................... CHTCT:3 PART II CODE OF ORDINANCES Chapter Subpart A. General Ordinances ............................. CD1:1 1. General Provisions ....................................... CD1:1 2. Administration .......................................... CD2:1 Art. I. In General ................................... CD2:5 Art. II. City Council ................................ CD2:5 Div. 1. Generally ............................... CD2:5 Div. 2. Compensation ........................... CD2:7 Div. 3. Meetings ................................ CD2:7 Art. III. Officers and Employees ..................... CD2:12 Div. 1. Generally ............................... C132:12 Div. 2. City Manager ............................ CD2:12 Div. 3. City Clerk ............................... CD2:13 Div. 4. City Attorney ............................ CD2:13 Div. 5. Reserved ................................ CD2:14 Supp. No. 23 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- Art. III. Outdoor Entertainment Events .............. dures ..................................... CD2:26 3-5. Reserved ............................................. CD3:1 6. Alcoholic Beverages ...................................... CD6:1 Art. I. In General ................................... CD6:3 Art. 11. 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. 1. 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 ..................... CD 10:45 11-13. Reserved ........................................... CD 11:1 14. Animals ............................................... CD 14:1 Art. I. In General ................................... CD14:3 Art. II. County Animal Control Ordinance ............ CD14:3 Art. III. Sea Turtles ................................ CD14:3 15. Reserved ............................................... CD 15:1 16. Businesses ............................................. CD 16:1 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. 23 xii TABLE OF CONTENTS—Cont'd Art. I. In General ................................... CD40:3 Supp. No. 23 Xiii Chapter Page 17. Reserved ............................................... CD 17:1 18. Civil Emergencies ...................................... CD 18:1 19-21. Reserved .......................................... CD 19:1 22. Community Development ............................... CD22:1 Art. I. In General ................................... CD22:3 Art. 11. Business and Economic Development Board ... CD22:3 Art. 111. Community Appearance Review ............. CD22:4 Art. IV. Community Redevelopment .................. CD22:9 23-25. Reserved .......................................... CD23:1 26. Elections ............................................... CD26:1 27-29. Reserved .......................................... CD27:1 30. Emergency Services .................................... CD30:1 Art. I. In General ................................... CD30:3 Art. II. Alarm Systems .............................. CD30:3 31-33. Reserved .......................................... CD31:1 34. Environment ........................................... CD34:1 Art. I. In General ................................... CD34:3 Art. II. Litter ...................................... Div. 1. Generally ............................... CD34:3 CD34:3 Div. 2. Handbills ............................... CD34:5 Div. 3. Reserved ................................ CD34:6 Art. III. Property Maintenance Standards ............ CD34:6 Art. IV Weeds and Dead Vegetation ................. CD34:11 Art. V. Noise ....................................... CD34:13 Art. VI. Abandoned Property ........................ CD34:14 Art. VII. Lights .................................... CD34:19 App. A. Diagram ................................... CD34:20 35. Reserved ............................................... CD35:1 36. Fair Housing ........................................... CD36:1 Art. I. In General ................................... CD36:3 Art. 1I. Discriminatory Practices ..................... CD36:6 37. Reserved ............................................... CD37:1 38. Fire Prevention and Protection .......................... CD38:1 Art. 1. In General ................................... CD38:3 Art. 11. 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. 23 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. 11. Police Department .......................... CD42:3 43---45. Reserved .......................................... CD43:1 46. Library ................................................ CD46:1 Art. 1. 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. 11. Culture and Leisure Services Board .......... CD54:13 Art. 111. Vessel Control and Water Safety ............. CD54:13 55-57. Reserved .......................................... CD55:1 58. Planning ............................................... CD58:1 Art. I. In General ................................... CD58:3 Art. II. Planning and Zoning Board .................. CD58:3 Art. 111. 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. 111. Local Business Tax ......................... CD70:6 71-73. Reserved .......................................... CD71:1 74. Traffic and Vehicles ..................................... CD74:1 Art. I. In General ................................... CD74:3 Supp. No, 23 xiv 80. Vehicles for Hire ........................................ TABLE OF CONTENTS—Cont'd. Art. I. In General ................................... Chapter Page Art. II. Trucks ...................................... CD74:3 Art. III. Stopping, Standing, Parking ................ CD74:4 Art. IV. Regulations ................................ 75-77. Reserved .......................................... CD75:1 81. Reserved ............................................... 78. Utilities ................................................ CD78:1 CD82:1 Art. I. In General ................................... CD78:3 CD82:1 Art. II. Sanitary Sewer System ...................... CD78:3 Div. 1. Generally ............................... CD78:3 Art. III. Unsafe Building Abatement Code ............ Div. 2. Industrial and Commercial Use ........... CD78:5 CD82:9 Subdiv. I. In General ....................... CD78:5 Foreclosure .................................. Subdiv. II. Building Sewers and Connections . CD78:11 Art. VI. Local Amendments to Florida Building Code, Subdiv. III. Discharges ...................... CD78:13 CD82:13 Subdiv. IV. Rates and Charges ............... CD78:20 Div. 3. Impact Fees ............................. CD78:21 Art. IX. International Property Maintenance Code .... Art. III. Service Rates, Deposits and Billing Procedures CD78:23 CD82:16 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. Div. 2. Fees and Taxes .......................... 3. Administration .......................... CD78:31 CD78:35 Div. 4. Illicit Discharge and Connection .......... CD78:35 79. Reserved ............................................... CD79:1 80. Vehicles for Hire ........................................ CD80:1 Art. I. In General ................................... CD80:3 Art. II. Certificate of Public Convenience and Necessity, License ..................................... CD80:4 Art. III. Driver's Permit ............................. CD80:5 Art. IV. Regulations ................................ CD80:7 81. Reserved ............................................... CD81:1 Subpart B. Land Development Code ......................... CD82:1 82. Buildings and Building Regulations ...................... CD82:1 Art. I. General Administrative ....................... CD82:3 Art. II. Building Code ............................... CD82:7 Art. III. Unsafe Building Abatement Code ............ CD82:8 Art. IV. Coastal Construction Code ................... CD82:9 Art. V. Registration and Maintenance of Properties in Foreclosure .................................. CD82:9 Art. VI. Local Amendments to Florida Building Code, Building ................................... CD82:13 Art. VII. Reserved .................................. CD82:15 Art. VIII. Reserved ................................. CD82:15 Art. IX. International Property Maintenance Code .... CD82:15 Art. X. Reserved .................................... CD82:16 Supp. No. 23 xv CAPE CANAVERAL CODE Chapter Page Arts. XI—XIII. Reserved ............................ CD82:16 Art. XIV. Numbering of Buildings and Property....... CD82:16 Art. XV. Citations; Unlicensed Contractors; Failure to Obtain Building Permit..................... CD82:17 Art. XVI. Temporary Storage Units .................. CD82:19 83-85. Reserved.......................................... CD83:1 86. Concurrency Management System ....................... CD86:1 Art. I. In General ................................... CD86:3 Art. II. Transportation Facility Proportionate Fair- Share Mitigation Program ................... CD86:11 87-89. Reserved.......................................... CD87:1 90. Floods................................................. CD90:1 Art. I. In General ................................... CD90:5 Art. II. Floodplain Management ..................... CD90:5 Div. 1. Administration .......................... CD90:5 Part A. General ............................ CD90:5 Part B. Applicability ........................ CD90:6 Part C. Duties and Powers of the Floodplain Administrator ...................... CD90:7 Part D. Permits ............................ CD90:9 Part E. Site Plans and Construction Docu- ments .............................. CD90:11 Part F. Inspections ......................... CD90:13 Part G. Variances and Appeals .............. CD90:14 Part H. Violations .......................... CD90:16 Div. 2. Definitions .............................. CD90:16 Div. 3. Flood Resistant Development ............. CD90:20 Part A. Buildings and Structures ............ CD90:20 Part B. Subdivisions ........................ CD90:21 Part C. Site Improvements, Utilities and Lim- itations............................. CD90:21 Part D. Manufactured Homes ............... CD90:22 Part E. Recreational Vehicles and Park Trail- ers................................. CD90:23 Part F. Tanks .............................. CD90:24 Part G. Other Development ................. CD90:24 Art. III. Reserved................................... CD90:26 Art. IV. Stormwater Management .................... CD90:27 Div. 1. Generally ............................... CD90:27 Div. 2. Permit.................................. CD90:29 Div. 3. Performance Standards .................. CD90:32 Div. 4. Design Standards ........................ CD90:33 Div. 5. Maintenance ............................ CD90:36 Art. V. Construction Site Stormwater Runoff Control.. CD90:37 91. Landscape Irrigation.................................... CD91:1 92. Fertilizer Land Application .............................. CD92:1 Supp. No. 23 xvi TABLE OF CONTENTS—Cont'd 102. Vegetation ............................................ CD 102:1 Art. I. In General ................................... CD102:3 Art. II. wee Protection .............................. CD102:3 Div. 1. Generally ............................... CD102:3 Div. 2. Land Clearing ........................... CD102:3 App. A. Tree Protection Area Signage ................. CD102:21 103-105. Reserved ........................................ CD 103:1 106. Waterways ............................................ CD 106:1 Art. I. In General ................................... CD106:3 Art. II. Wetlands Protection ......................... CD106:3 107-109. Reserved ........................................ CD107:1 110. Zoning ................................................ CD 110:1 Art. I. In General ................................... CD 110:9 Art. II. Procedure; Land Use Decisions ............... CD110:18 Div. 1. Generally ............................... CD110:18 Div. 2. Rezonings ............................... CD 110:22 Div. 3. Variances ............................... CD 110:23 Div. 4. Special Exceptions ....................... CD110:24 Supp. No. 23 xvii Chapter Page 93. Reserved ............................................... CD93:1 94. Signs .................................................. CD94:1 Art. I. In General ................................... CD94:3 Art. II. Permits and Inspection ...................... CD94:11 Art. III. Size, Location and Construction ............. CD94:14 Div. 1. Generally ............................... CD94:14 Div. 2. Types of Signs ........................... CD94:16 Div. 3. District Regulations ...................... CD94:20 Art. IV. Nonconforming Signs ....................... CD94:22 95-97. Reserved .......................................... CD95:1 98. Subdivisions ........................................... CD98:1 Art. I. In General ................................... CD98:3 Art. 11. 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 Div. 2. Permit .................................. CD98:13 Div. 3. Inspections; Certificate of Completion ..... CD98:14 Art. IV. Improvements .............................. CD98:15 Div. 1. Generally ............................... CD98:15 Div. 2. Design Standards ........................ CD98:18 99-101. Reserved ......................................... CD99:1 102. Vegetation ............................................ CD 102:1 Art. I. In General ................................... CD102:3 Art. II. wee Protection .............................. CD102:3 Div. 1. Generally ............................... CD102:3 Div. 2. Land Clearing ........................... CD102:3 App. A. Tree Protection Area Signage ................. CD102:21 103-105. Reserved ........................................ CD 103:1 106. Waterways ............................................ CD 106:1 Art. I. In General ................................... CD106:3 Art. II. Wetlands Protection ......................... CD106:3 107-109. Reserved ........................................ CD107:1 110. Zoning ................................................ CD 110:1 Art. I. In General ................................... CD 110:9 Art. II. Procedure; Land Use Decisions ............... CD110:18 Div. 1. Generally ............................... CD110:18 Div. 2. Rezonings ............................... CD 110:22 Div. 3. Variances ............................... CD 110:23 Div. 4. Special Exceptions ....................... CD110:24 Supp. No. 23 xvii Chapter CAPE CANAVERAL CODE V Page Div. 5. Administrative Appeals .................. CD110:25 Art. III. Administration and Enforcement ............ CD110:26 Div. 1. Generally ............................... CD110:26 Div. 2. Permits ................................. CD110:27 Div. 3. Certificate of Occupancy .................. CD110:28 Div. 4. Reserved ................................ CD110:29 Art. IV Special Exceptions .......................... CD110:29 Div. 1. Generally ............................... CD110:29 Div. 2. Alcoholic Beverages ...................... CD110:29 Art. V. Nonconformities ............................. CD110:31 Art. VI. Site Plans .................................. CD110:37 Art. VII. Districts .................................. CD110:40 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 Div. 6. M-1 Light Industrial and Research and De- 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 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 ........................ CD110:72.1 Div. 3. Offstreet Loading ........................ CD110:73 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 District... CD110:81 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 ......................................... 115. Vested Rights ......................................... Art. I. In General ................................... Supp. No. 23 xviii CD111:1 CD115:1 CD115:3 it TABLE OF CONTENTS—Cont'd. Appendix Page A. Franchises ............................................ CDA:1 Art. I. Cable Television Franchise (Reserved) ......... CDA:3 Art. II. Electric ..................................... CDA:14 Art. III. Gas Franchise Agreement ................... CDA:17 Art. IV. Telephone (Reserved) ........................ CDA:28 Art. V. Water ....................................... CDA:28 B. Schedule of Fees ...................................... CDBA Code Comparative Table—Laws of Florida .................... CCTA Code Comparative Table -1981 Code ......................... CCT:3 Code Comparative Table—Ordinances and Resolutions ......... CCT:9 State Law Reference Table ................................... SLTA Charter Index ............................................... C HTi:1 Code Index ................................................. CDi:I Supp. No. 23 xix This page is intentionally left blank Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title Page 22 CHTCT:3 21 22 CD1:1 OC awe iv.i 22 CD1:3, CD1:4 OC V, vi OC CD1:5, CD1:6 12 vii OC CD1:7 12 ix, x 1 CD2:1, CD2:2 22 xi, xii 23 CD2:3 22 xiii, xiv 23 CD2:5, CD2:6 21 xv, xvi 23 CD2:7, CD2:8 22 xvii, xviii 23 CD2:9, CD2:10 23 xix 23 CD2:11, CD2:12 23 SHA, SH:2 23 CD2:13, CD2:14 21 CHT:1, CHT:2 20 CD2:14.1, CD2:14.2 21 CHT:3, CHTA 20 CD2:14.3, CD2:14.4 21 CHT:5, CHT:6 21 CD2:14.5, CD2:14.6 21 CHT:7, CHT:8 20 CD2:14.7, CD2:14.8 22 CHT:9, CHT:10 20 CD2:14.9, CD2:14.10 22 CHT:11, CHT:12 20 CD2:14.11 22 CHT:13, CHT:14 20 CD2:15, CD2:16 10 CHT:15 20 CD2:17, CD2:18 10 CHTCTJ OC CD2:19, CD2:20 11 [1] Supp. No. 23 D CAPE CANAVERAL CODE Page No. Supp. No. Page No. Supp. No. CD2:21, CD2:22 23 CD10:39, CD10:40 13 CD2:22.1 23 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 CD11:1 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 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CDi:3, CDi:4 23 CD1:5, CD1:6 23 CDi:7, CDi:8 23 CDi:9, CDi:10 23 CDi:ll, CD1:12 23 CDi:13, CDi:14 23 CD1:15, CD1:16 23 CDi:17, CDi:18 23 CDi:19, CD1:20 23 CDi:21, CD1:22 23 CDi:23, CDi:24 23 CDi:25, CDi:26 23 CD1:27, CDi:28 23 CDi:29, CDi:30 23 CD1:31, CDi:32 23 CDi:33, CDi:34 23 CDi:35, CDi:36 23 CDi:37, CDi:38 23 CD1:39, CDi:40 23 MAI, CDi:42 23 CDi:43, CDi:44 23 Supp. No. 23 [7l Page No. Supp. No. CDi:45, CDi:46 23 This page is intentionally left blank 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 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. Orel. No. Hate Adopid Supp. Includd Omit No. 20 Supp. No. 2009-19(Res.) 9- 1-09 Include 20 2010-05(Res.) 3- 2-10 Include 20 10-2010 9- 7-10 Omit 20 2010-22(Res.) 10-19-10 Include 20 12-2010 10-19-10 Include 20 13-2010 10-19-10 Include 20 14-2010 12-21-10 Include 20 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 2010-34(Res.) 12-21-10 Include 20 01-2011 4-19-11 Include 20 02-2011 5-17-11 Include 20 03-2011 5-17-11 Include 20 04-2011 6-21-11 Include 20 05-2011 8-16-11 Include 20 SUPP.o.21 01-2008 3-18-08 Include 21 06-2011 10-18-11 Include 21 08-2011 9-20-11 Include 21 09-2011 10-18-11 Include 21 10-2011 10-18-11 Include 21 11-2011 10-18-11 Include 21 2011-29(Res.) 11-15-11 Include 21 13-2011 12-20-11 Include 21 15-2011 12-20-11 Include 21 01-2012 2-21-12 Include 21 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. 23 SH:1 CAPE CANAVERAL CODE Ord. No. JDBtW.Mop" Omit S pp,'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 16-2012 $Upp, 12-18-12 No.22 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 Su . No. 23 14-2013 11-19-13 Include 23 17-2013 1-21-14 Include 23 01-2014 1-21-14 Include 23 02-2014 1-21-14 Include 23 04-2014 2-18-14 Include 23 06-2014 6-17-14 Include 23 07-2014 6-17-14 Include 23 08-2014 9-16-14 Include 23 09-2014 9-16-14 Include 23 Supp. No. 23 SH:2 19 7 ADMINISTRATION § 2-66 council shall be governed by Robert's Rules of Order, Newly Revised, in all cases to which such rules are applicable. (Code 1981, § 271.01) Sec. 2-62. Presiding officer. The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tem at the first regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the absence of the mayor. The mayor shall assume the chair as presiding officer at the next regular meeting after his or her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. A majority vote of the members present shall govern and conclusively determine all questions of order if a parliamentary decision by the presiding officer is challenged. (Code 1981, § 271.07; Ord. No. 39-93, § 1, 10-19- 93; Ord. No. 01-2011, § 2, 4-19-11) Sec. 2-63. Sergeant at arms. The sergeant at arms shall be present at reg- ular council meetings when so requested by any member of the city council or by the city manager. (Code 1981, § 271.12) Sec. 2-64. Call to order; quorum; roll call. (a) The presiding officer of the city council shall take the chair at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor and the mayor pro tem, any councilmember may call the meeting to order at the appointed hour. (b) In a regular or special meeting before pro- ceeding with the business of the council, the city clerk or his designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. (c) If a quorum of three is not present at the roll call, no further business shall be transacted and a recess shall be automatic for a period of 30 minutes or until a quorum is in attendance, whichever shall first occur. If a quorum is not in attendance at the end of the 30 -minute recess, the meeting shall be automatically adjourned. Supp. No. 23 (d) In the absence of the mayor and the mayor pro tem and a quorum is present, the first order of business shall be the election of a temporary presiding officer. Upon arrival of the mayor or mayor pro tem, the temporary presiding officer shall relinquish the chair upon the conclusion of the business immediately before the council. (Code 1981, § 271.13; Ord. No. 04-2002, § 6, 3-19-02) Sec. 2-65. Minutes. The minutes of the previous regular meeting of the city council shall be adopted by reference. The city clerk shall have available a copy of such minutes at least 24 hours preceding the next regular meeting. There shall be copies of the minutes available for the citizens to examine at the city council meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. (Code 1981, § 271.14; Ord. No. 04-2002, § 7, 3-19-02; Ord. No. 01-2011, § 2, 4-19-11) Cross reference City clerk, § 2-116 et seq. Sec. 2-66. Consideration of matters before council. (a) The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have first consented to the presentation of the matter for consideration and action. (b) All items of business shall be considered in accordance with the agenda. Any motion shall then be appropriate. Except as prohibited by law, where discussion is not anticipated on an item, the city manager may add such item to the consent agenda. The city council may approve en masse all or some items on the consent agenda by one motion and vote. Any councilmember may request that an item be removed from the consent agenda. Upon such request, the item will be removed from the consent agenda and considered immediately following the vote to approve the remaining consent agenda items unless placed elsewhere on the agenda by council vote. Discus- sion on consent agenda items will only be permit- ted on items removed from the consent agenda. CD2:9 § 2-66 CAPE CANAVERAL CODE (c) When a motion is presented and seconded, the motion belongs to the city council as a body for consideration and disposition unless withdrawn by unanimous consent of the city council. While the motion is under consideration, no motion shall be received thereafter until the motion is decided, except as authorized under Robert's Rules of Order including a motion to adjourn, to recess, to lay on the table, to postpone or to amend. These motions shall have preference in the order in which they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pend- ing motion may be deferred by a majority vote of the members present to a date certain or if a date certain is not provided in the motion, until the next regular meeting. (d) The presiding officer may move, second and debate from the chair, subject only to such limi- tations of debate as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the rights and privileges of a councilmember because of his being the presiding officer. (e) Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. A member once recog- nized shall not be interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise provided in this division. (f) The city council shall establish, by resolu- tion, policies and procedures affording members of the public a reasonable opportunity to be heard during city council meetings consistent with ap- plicable law. (g) Each person addressing the council shall be required to speak from the podium or at such other city designated speaker location; and shall give his or her name and address in an audible tone for the minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked of councilmembers, the city manager, city attorney, or staff except through the presiding officer. Councilmembers, the city manager, city attorney, and staff are not required to respond directly to persons addressing the council, but may respond in the discretion of the council or as required by law. (h) Any person making impertinent or slander- ous remarks or who becomes boisterous while addressing the council shall be barred from fur- ther audience before the council by the presiding officer, unless permission to continue or again address the council is granted by the majority of the council. (i) Members of the city council shall have the privilege of closing debate ("call the question") on any pending motion by obtaining a minimum of two-thirds vote of the city council. 0) Disruptive behavior by members of the au- dience including, but not limited to, fighting, yelling, throwing or launching projectiles, audible use of electronic devices, and causing loud noises is strictly prohibited. (k) Councilmembers shall abide by all applica- ble voting conflict laws. With respect to disclosure of voting conflicts, councilmembers shall disclose known conflicts in accordance with law, provided, however, said disclosure shall be no later than the time that the council first considers the agenda item in which the voting conflict exists. If the voting conflict is not discovered until the agenda item is under consideration, disclosure shall be required at such time the councilmember becomes aware of the voting conflict. (1) It shall be the responsibility of any person deciding to appeal any decision made by the city council with respect to any matter considered at a public hearing under this section to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which any such appeal is to be based. (m) The city council shall afford minimum due process regarding quasijudicial matters in accor- dance with law. The city council may establish detailed written procedures for handling quasijudicial matters to the extent deemed neces- sary to afford minimum due process. Disclosure of ex parte communications by city councilmembers during quasijudicial proceedings shall be in accor- Supp. No. 23 CD2:10 It ADMINISTRATION § 2-70 dance with the procedures and requirements set forth in F.S. § 286.0115, which are hereby adopted in their entirety. (n) The mayor or the presiding councilmember shall enforce the rules adopted under this section. Any person in violation of any of the rules shall first be given a warning of the violation. Any subsequent violations shall be cause for removal from the chambers by the sergeant of arms or designee for the remainder of the city council meeting by order of the mayor, the presiding councilmember or a majority of the city council. Notwithstanding, the mayor, the presiding councilmember or a majority of the city council may order the immediate removal of any person from the city council chambers that poses a threat to property or life safety. (Code 1981, § 271.15; Ord. No. 39-93, § 3, 10-19- 93; Ord. No. 09-2011, § 2, 10-18-11; Ord. No. 14-2013, § 2, 11-19-13) Sec. 2-67. Adoption of motion. Upon cessation of discussion or if called, the motion before the city council shall be restated by the presiding officer. Each councilmember shall be called in alphabetical order according to last name and shall verbally state "for" or "against" the motion. The city clerk shall record the vote of each councilmember both in the minutes and upon the resolution or ordinance. The presiding officer shall declare the status of the motion after a vote has been taken. (Code 1981, § 271.16) State law reference—Voting conflicts of interest, F.S. § 112.3143. Sec. 2-68. General discussion. Every regular meeting of the city council shall include a period of time, which shall occur during the public input portion of the meeting, for the purpose of a question -and -answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations and requirements set forth in section 2-66 shall apply. In addition, the following other requirements shall apply: (a) If it appears that a matter presented by a speaker during general discussion is administra- tive in nature, and the question or matter raised Supp. No. 23 can be adequately answered or addressed by the city manager or administrative staff, the city council may request, upon consensus or proper motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the city council, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the city's administrative staff upon proper referral, the speaker shall have the right to bring the matter in question before the city council during the general discussion portion of any subsequent regular city council meeting. (b) The city council recognizes that the general discussion portion of the meeting is for the pur- pose of legitimate inquiries and discussion by the public and not for the purpose of advancing ques- tions, arguments or repetitious questions concern- ing matters which the city council believes to be closed, privileged and confidential, or not of gen- eral public concern to the city. Further, it is not appropriate to address quasi-judicial and public hearing items under general discussion. The city council shall have the right during general dis- cussion to decline to hear any person or any subject matter upon consensus or proper motion and majority vote by the city council. (Code 1981, § 271.17; Ord. No. 10-2009, § 2, 9-15-09; Ord. No. 01-2011, § 2, 4-19-11; Ord. No. 09-2011, § 2, 10-18-11; Ord. No. 14-2013, § 2, 11-19-13) Sec. 2-69. Adjournment. A motion to adjourn the meeting of the city council shall always be in order and shall be decided without debate. City council meetings shall adjourn no later than 10:00 p.m. The city council may extend the meeting by super -major- ity vote of the city council present at the time of adjournment required by this section. (Code 1981, § 271.18; Ord. No. 10-2009, § 2, 9-15-09) Sec. 2-70. Eminent domain powers. Notwithstanding the United States Supreme Court's decision in Kelo v. City of New London, 125 S. Ct. 2655 (2005), and any other authority CD2:11 § 2-70 CAPE CANAVERAL CODE under Florida law, the city council shall not exer- cise the power of eminent domain solely for eco- nomic development purposes. Any exercise of such power shall be declared void ab initio. (Ord. No. 14-2005, § 2, 9-6-05) Secs. 2-71-2-90. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES* DIVISION 1. GENERALLY Secs. 2-91-2-100. Reserved. DIVISION 2. CITY MANAGER - Sec. 2-101. Powers and duties. The city manager shall have the following powers and duties: (1) Provide sustained administrative leader- ship and coordination of staff and board activities in carrying out the acts and directives of the city council, through over- all supervision and coordination. In this capacity, he coordinates the activities of staff and boards to ensure that adequate information and recommendations in im- portant areas are expeditiously consid- ered by the staff and boards and brought promptly to the attention of the council. (2) Review with the council and with heads of the several boards and offices the pro- grams and projects of the city and make *Charter references—City council, art. II; city manager, art. III; departments, offices and agencies, §§ 4.01--4.05. Cross references—Purchasing procedure, § 2-216 et seq.; the mayor or city manager in the case of the absence of the mayor, or any available councilmember in the absence of the mayor and city manager, may declare a state of emergency, § 18-2; fire department, § 38-56 et seq.; police department, § 42-26 et seq. tCharter reference Appointment by city council, art. III. Cross reference—The mayor or city manager in the case of the absence of the mayor, or any available councilmember in the absence of the mayor and city manager, may declare a state of emergency, § 18-2. Supp. No. 23 CD2:12 recommendations thereon as may be nec- essary to administer the city most effec- tively in the public interest. (3) Assist the mayor in carrying out the ad- ministrative and executive responsibili- ties delegated to the mayor and, in con- nection with these responsibilities, to plan, direct, coordinate and manage the admin- istrative affairs of the council. (4) Prepare and submit the annual budget to the city council. (5) Appoint and, when deemed necessary for the good of the service, suspend or remove all city employees and appointive admin- istrative officers provided for by and un- der the Charter, except as otherwise pro- vided by law, the Charter or personnel rules. The city manager may authorize any administrative officer who is subject to the city manager's direction and super- vision to exercise these powers with re- spect to subordinates in that officer's de- partment, office or division. D 31 ADMINISTRATION § 2-282 prepared or recorded until the condi- tion(s) placed by the council have been satisfied. The violator shall have 30 days in which to comply with the conditions imposed by the city council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or re- lease of lien. If the application is denied or if the appli- cation is automatically denied due to the failure of the violator to comply with the conditions imposed by the city council, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. During the one- year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (Ord. No. 05-2003, § 2, 2-18-03) Secs. 2-261-2-279. Reserved. DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2-280. Intent and purpose. (a) It is the intent and purpose of this division to provide a supplemental procedure for the en- forcement of city codes and ordinances. Nothing contained in this division shall prohibit the city from enforcing its Code and ordinances by any other lawful means. (b) It is also the intent and purpose of this division to enhance the effectiveness of code en- forcement within the city by authorizing the en- forcement methods and penalties contained in this division for the betterment and promotion of the public health, safety, and welfare of the citi- zens of the city. (Ord. No. 06-2004, § 2, 4-20-04) Supp. No. 23 Sec. 2-281. Definitions. The following words and phrases shall have the meaning ascribed herein unless the context clearly indicates otherwise: (a) Code enforcement officer shall mean city manager designated employees or agents whose duty it is to enforce the City Code and ordinances. Code enforcement officers may include, but are not limited to, code inspectors, building inspec- tors, the building official, law enforcement offi- cers, fire safety inspectors, or any other employee or agent authorized by the city council and/or city manager. All such officers employed by the city shall receive training as prescribed by the city council and/or city manager. (b) Person shall mean any individual, associa- tions, joint ventures, partnerships, corporations, trusts, sole proprietorships, and any and all other groups or combinations and legal entities. (c) Repeat violation shall be as defined by F.S. ch. 162, and as may be amended from time to time. (d) Violation shall mean the act of breaking, infringing or transgressing any provision of the City Code, its ordinances or other law by a person, pursuant to this division. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-282. Authorization of citation pro- gram. (a) The city hereby adopts a code enforcement citation system to provide an additional and sup- plemental method of enforcing the enumerated codes and ordinances enumerated in section 2-283 or specifically made subject to this division else- where in the City Code. The enforcement method shall be by the issuance of citations for violation of duly enacted city codes and ordinances in accordance with the rules and procedures estab- lished by this division and F.S. Ch. 162. (b) Code enforcement officers shall not have the power of arrest for purposes of bringing a violation in compliance. For each violation, the code enforcement officer shall determine, using CD2:21 § 2-282 CAPE CANAVERAL CODE reasonable discretion, whether to prosecute the violation through the civil citation system under this division and/or the code enforcement board. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-283. Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: (1) Chapter 38, article IV, Fire- works ..................... Class II. (2) Chapter 34, article II, Litter Class I. (3) Chapter 34, article III, Prop- erty Maintenance Standards Class I. (4) Chapter 34, article V, Noise Class I. (5) Chapter 34, article VII, Lights Class I. (6) Section 14-3, Bees and bee- hives prohibited ........... Class I. (7) Chapter 14, article III, Sea Turtles .................... Class I. (8) Section 110-467, Garage sales Class I. (9) Section 110-582, Swimming pool barriers .............. Class II. (10) Chapter 62, Solid waste .... Class I. (11) Section 110-487, Rental re- strictions on dwelling units. Class IV. (12) Chapter 82, article XIV, Num- bering of Buildings and Prop- erty ....................... Class I. (13) Chapter 82, article V, Regis- tration and Maintenance of Properties in Foreclosure ... Class IV. (14) Section 94-6, Prohibited signs and features ............... Class I. (15) Chapter 90, article V, con- struction site stormwater runoff control .............. Class II. (16) Chapter 92, Fertilizer Land Application ................ Class I. (b) In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. (Ord. No. 06-2004, § 2, 4-20-04; Ord. No. 06-2007, § 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, 6-19-12; Ord. No. 21-2012, § 2, 12-18-12; Ord. No. 08-2013, § 3, 7-16-13; Ord. No. 17-2013, § 3, 1-21-14) Sec. 2-284. Training of code enforcement of- ficers. (a) The training and qualifications of the code enforcement officers shall be established by the city council or city manager. (b) Except for sworn law enforcement officers, the designation of code enforcement officers under this division does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officers to the provisions of F.S. Ch. 943. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-285. Citation powers; personal inves- tigation; reasonable cause. Any code enforcement officer is hereby autho- rized to issue a citation to a person when, based upon personal investigation, the officer has rea- sonable cause to believe that the person has committed a civil infraction in violation of the duly enacted code or ordinance which is either identified in section 2-283 of this division or specifically made subject to this division else- where in the City Code, regardless of whether the violation constitutes a repeat violation. Nothing in this section shall prohibit the city from enforc- ing its codes or ordinances by any other means. (Ord. No. 06-2004, § 2, 4-20-04) Supp. No. 23 CD2:22 It 9 ADMINISTRATION § 2-287 Sec. 2-286. Violation; penalties; general. (a) A violation of a city code or ordinance specifically made subject to this division is hereby deemed a civil infraction. (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. (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 officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 and 775.083. (fl 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. All citations issued pursuant to this division by a code enforcement officer shall be in accordance with the following procedure: (a) Warning notice. Except as provided in subsection (b), a code enforcement officer shall provide a warning notice prior to issuing a citation. The warning notice shall at a minimum provide the following: (1) The code or ordinance provision vio- lated; (2) The date of the issuance of the warn- ing notice; Supp. No. 23 CD2:22.1 This page is intentionally left blank Chapter 54 PARKS AND RECREATION* Article II. Culture and Leisure Services Board Sec. 54-26. Article I. In General Sec. 54-1. Definition of city park. Sec. 54-2. Procedures for naming of city parks. Sec. 54-3. Reserved. Sec. 54-4. Commercial solicitation. Sec. 54-5. Commercial beach vendor franchises. Sec. 54-6. Commercial recreational franchises. Sec. 54-7. Hours of operation and general use of city parks. Sec. 54-8. Traffic. Sec. 54-9. Pollution and litter. Sec. 54-10. Removal of natural resources. Sec. 54-11. Fireworks; destructive devices; weapons; other potentially dan- gerous uses. Sec. 54-12. Hunting/wildlife preservation and conservation. Sec. 54-13. Domestic and other animals. Sec. 54-14. Alcoholic beverages/tobacco products; gambling. Sec. 54-15. Trespass. Sec. 54-16. Fires. Sec. 54-17. Sleeping and camping. Sec. 54-18. Noise and other conduct. Sec. 54-19. Peddling/distribution of materials. Sec. 54-20. Injuring, interfering with, etc., buildings and other property. Sec. 54-21. Interference with personnel/park operations. Sec. 54-22. Glass containers. Sec. 54-23. Airsoft and paintball guns; BB guns. Sec. 54-24. Promulgation of rules; city fees; preexisting rules; conflicts with rules; enforcement and penalties. Sec. 54-25. Suspension of use of city park. Article II. Culture and Leisure Services Board Sec. 54-26. Established. Sec. 54-27. Reserved. Sec. 54-28. Duties. Sec. 54-29. Indebtedness. Secs. 54-30-54-45. Reserved. Article III. Vessel Control and Water Safety Sec. 54-46. Purpose and findings. Sec. 54-47. Definitions. Sec. 54-48. Area of enforcement. Sec. 54-49. Means of enforcement. Sec. 54-50. Careful and prudent operation required. Sec. 54-51. Speed not to be greater than what is reasonable under the conditions. Supp. No. 23 CD54;1 *Cross references Impact fees, § 2-231 et seq.; possession of alcoholic beverages on streets, alleys, sidewalks and parking areas restricted, § 6-51; possession or consumption of alcoholic beverages in parks and recreation areas prohibited, § 6-52; outdoor entertainment, § 10-46 et seq.; regulations regarding sea turtles, § 14-51 et seq.; litter, § 34-26 et seq.; dedicated public lands, § 110-476. Supp. No. 23 CD54;1 CAPE CANAVERAL CODE V Sec. 54-52. Designation of areas of regulated water activities. Sec. 54-53. Procedure for designating additional areas of regulated water activities. Sec. 54-54. Exemptions. Sec. 54-55. Penalties, Supp. No. 23 CD54:2 PARKS AND RECREATION § 54-2 (Mar, ARTICLE I. IN GENERAL Sec. 54-1. Definition of city park. "City park" means land owned or maintained by the City of Cape Canaveral and which is designated as a public park or public recreational area by the City's Comprehensive Plan (Recre- ation and Open Space Element), by a resolution adopted by the city council, or by dedication that has been accepted by the city council. Included in the definition of the term "city park" are the city's special use facilities and all natural resources, wildlife, facilities, improvements, waters and ma- terials in, on or under the lands so designated. (Code 1981, § 606.05; Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-2. Procedures for naming of city parks. (a) Intent and purpose; findings. The intent and . purpose of this section is to establish a uniform method and procedure to assist the city council in naming certain city parks. The city council hereby finds that the authority to name city parks is solely vested in the city council. Nothing herein shall be construed as a delegation of any authority to name a city park to any other person or entity. The naming of city parks shall be determined in the sole and absolute discretion of the city council. (b) Generally. The naming of a city park shall be determined by the city council either (i) based on its own initiative, (ii) upon a recommendation by the director of leisure services, (iii) upon the request of any person or entity desiring to assist the city council in determining the name of any city park, or (iv) as part of city council approval of a new land development project which consists of a new city park pursuant to the city's land devel- opment regulations. The director of leisure ser- vices may make a recommendation to the city council based on the director's own initiative, or as part of an assistance petition as set forth below. (c) Naming guidelines. When considering the naming of any city park, the director of leisure services and city council shall consider the follow- ing naming attributes: 1. Recognized geographic names; Supp. No. 23 Natural historic features; Significant historic contributions to the city, State of Florida, or United States; 4. Significant material or financial contribu- tions to the city; 5. Persons of historic service to the city; 6. Persons of outstanding civic service to the city; and 7. Documented community support for the name. (d) Other factors. When considering the nam- ing of any city park, the director of leisure ser- vices and city council shall also consider the following other factors: 1. The cost that the naming or renaming will have on the city or any other person who is or could be materially affected by the name or name change; CD54:3 2. Naming proposals that promote alcohol and tobacco products or political organi- zations will not be considered; 3. Preference shall be given to names of long established local usage and names that lend dignity to the park or recreational facility to be named; 4. Persons currently serving on the city coun- cil or serving as an existing city employee shall not be considered; 5. Names selected shall be of enduring, hon- orable fame, not notoriety and shall be commensurate with the significance of the city park; 6. Names with connotations which by con- temporary community standards are de- rogatory or offensive shall not be consid- ered; 7. Proliferation of the same name for differ- ent city parks shall be avoided; 8. Proliferation of multiple names for differ- ent parts of a particular city park shall be avoided; and 9. If the name is an individual person, whether the individual has ever been con- victed of a felony. § 54-2 CAPE CANAVERAL CODE (e) Assistance petitions. Any person or entity wishing to assist the city council in determining the name of a city park shall submit an assistance petition to the director of leisure services for evaluation and a recommendation by the director. The petition shall be in writing and shall demon- strate the basis on which the petitioner believes the naming request satisfies the naming guide- lines and other factors set forth in subsections (c) and (d) and demonstrate that requisite minimum community support has been obtained by the petitioner pursuant to subsection (f). Upon receipt of duly submitted assistance petition, the director shall make a recommendation to the city council either for approval or disapproval of the assis- tance petition. (f) Minimum community support for assis- tance petitions. Each assistance petition submit- ted to the director pursuant to subsection (e) shall be accompanied by petition signatures that dem- onstrate minimum community support. Mini- mum community support is demonstrated if an assistance petition is signed by at least five per- cent of the residents of Cape Canaveral based on the last officially reported population statistics maintained by the city. No assistance petition shall be processed by the city manager unless said petition has the mini- mum number of signatures required by this sub- section. (Ord. No. 10-96, § 1, 6-18-96; Ord. No. 21-2004, § 2, 11-16-04; Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-3. Reserved. Editor's note—Ord. No. 07-2014, § 2, adopted June 17, 2014, repealed § 54-3, which pertained to open fires restricted and derived from Ord. No. 01-2003, § 3, adopted Jan. 21, 2003. Sec. 54-4. Commercial solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services, goods, promotional schemes, advertising pro- grams or property of any kind or character in the following locations in the city: (1) All of the sand beach areas between the Atlantic Ocean and the city set back line for beachfront lots, except as authorized by franchise agreement pursuant to sec- tion 54-5, herein (2) All public parking lots and facilities for beach or park access, including dune cross- overs. (3) All publicly owned parks. The words "solicit" or "canvass" as used herein shall include any act, delivery or exchange not initiated by the prospective customer, which di- rects attention to any business, mercantile or commercial establishment or enterprise, or any other commercial activity, for the purpose of di- rectly or indirectly promoting commercial inter- ests through sales, rentals or any exchange of value. (Ord. No. 26-2003, § 2, 9-2-03; Ord. No. 14-2010, § 2, 12-21-10) Sec. 54-5. Commercial beach vendor fran- chises. (a) Authority. The city council may enter into franchise agreements granting the right, privi- lege and franchise to use the sand beach areas within the city's jurisdictional boundaries to so- licit, canvass or merchandise for the sale of food and nonalcoholic beverages. Said franchise agree- ments shall be for the purpose of a particular person or entity operating a commercial beach vending business in the city in conformity with, and subject to, all provisions, terms and condi- tions of this section. A person's or entity's right to use the city's beaches for the franchise purposes stated herein shall not be exclusive and the city reserves the right to grant the use of its beaches to any person at any time during the period of any franchise awarded pursuant to this article. (b) Award of franchise. All franchises granted hereunder shall be awarded by the city council through the submission and consideration of com- petitive bids pursuant to all applicable laws and policies. Franchises shall not exceed a term of five years with an optional one year renewal provided both parties agree and no more than two fran- chises shall be in effect at any given time. A map of the approved franchise area will be provided to the franchisee and a copy kept by the director of leisure services. In considering any bids submit - Supp. No. 23 CD54:4 It PARKS AND RECREATION § 54-5 ted for a franchise under this section, the city council shall consider the following criteria in addition to any criteria included in the bid speci- fications: (1) The effects the proposed franchise would have on the public's use and enjoyment of the city's beaches; (2) The effects the proposed franchise would have on public safety; (3) The performance history of the proposed franchisee, if any; (4) The environmental impacts of proposed franchise activities; (5) Public input; (6) The ability of the bidder to comply with the minimum requirements of franchises under subsection (d); (7) The prices offered for the sale of food and beverages; and (8) Any other criteria deemed relevant by the city council. (c) Franchise fee. The city council shall impose a franchise fee upon any person or entity that enters into a franchise agreement with the city pursuant to this section. (d) Minimum requirements of franchisees. (1) If the franchisee is a corporation or other entity, it shall provide documentation that it is duly registered to conduct business in the state. (2) Franchisee shall provide the city with a detailed description of the scope of its proposed beach vending operation, includ- ing, but not limited to, a description of the food and beverages to be sold; number and description of carts or other appara- tus used to store or transport merchan- dise; name of each employee, and the proposed price of all merchandise. (3) The principal of any franchisee and all persons conducting beach vending activi- ties on city beaches shall be subject to a background check. The city reserves the right to refuse to award a franchise or to Supp. No. 23 terminate an existing franchise in the event any principal or any person conduct- ing beach vending activities on city beaches has been convicted of a felony within the past five years. (4) Franchisees shall be required to furnish a fully paid commercial general liability dam- age and food and beverage liability insur- ance policy. Such insurance policy shall be procured by the franchisee from a com- pany licensed to do business in the state. The policy must protect the city, its offi- cers, agents, and attorneys from any and all claims or damages to property and or bodily injury which may result from or in connection with any of the operations carried on by franchisee, list the city as an additional named insured, and provide for a deductible deemed acceptable by the city manager. The franchisee shall also provide proof of worker's compensation insurance at the limits provided by the Florida statutes. (5) Franchisees shall, to the fullest extent permitted by law, indemnify and hold harmless the city and its employees, offi- cers, and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees), which directly or indirectly arise out of, or result from any act or failure to act of franchisee which in any way is related to franchisee's activities or services under the franchise. (6) Prior to commencing vending activities under an awarded franchise, franchisee must obtain and maintain in good stand- ing all food, beverage, business tax and other local and state licenses. (7) Franchisee shall fully comply with all terms and conditions of any franchise agreement with the city. (e) Manner and conduct of beach vending. Beach vending authorized by franchise under this sec- tion shall only be authorized between the hours of 9:00 a.m. and dusk daily and shall be conducted in a manner that is consistent with the public's CD54:5 § 54-5 CAPE CANAVERAL CODE use of the beach as a passive and active recre- ational facility and with the public's expectation that activities and services provided on the beach will enhance one's enjoyment of their beach expe- rience. As such, no person or entity operating under a commercial beach vendor franchise shall: (1) Solicit a person whose eyes are closed; (2) Touch a person without consent during a solicitation; (3) Continue a solicitation after receiving a negative response from the person solic- ited; (4) Impede the free movement of any person; (5) Operate a motorized beach vending vehi- cle or cart on the beach or within re- stricted areas; or (6) Solicit using any loud sound, vociferous speech, boisterous conduct or profane or vulgar language. (f) Minimum appearanceldress requirements. Persons engaging in commercial beach vending shall be required to wear at a minimum an opaque short sleeve T-shirt and opaque short pants covering the pelvic area, around the waist, and the upper part of the legs. The T-shirt shall prominently display the business name of the franchisee. (g) Identification requirements. (1) Franchisees shall display their beach vend- ing license so that it is visible to patrons, either on their person or on their vending apparatus, at all times while engaging in commercial beach vending; (2) The cart or other vending apparatus must display the prices for all items offered for sale. (h) Location of commercial beach vending. Com- mercial beach vending shall be prohibited within the following areas: (1) Within conservation areas, dunes or other protected zones; (2) Within beach parking areas; (3) Within pedestrian beach approaches; or (4) Within 25 feet of any lifeguard tower or facility. (i) Termination or suspension of franchise. The city council may terminate any franchise awarded under this section upon a finding that the fran- chisee has violated the provisions of this section or has defaulted under, or otherwise violated, the franchise agreement. (Ord. No. 14-2010, § 2, 12-21-10; Ord. No. 07- 2014, § 2, 6-17-14) Sec. 54-6. Commercial recreational fran- chises. (a) Authority. The city council may enter into franchise agreements granting the right, privi- lege and franchise to use the sand beach areas and riverfront parks within the city's jurisdic- tional boundaries to provide individual or group surfing, paddleboarding or kayaking instruction to the public. Said franchise agreements shall be for the purpose of a particular person or entity operating a commercial surf, paddleboard, or kayak business in the city in conformity with, and sub- ject to, all provisions, terms and conditions of section 54-5, except as explicitly set forth below in subsection (b). A person's or entity's right to use the city's beaches and riverfront parks for the franchise purposes stated herein shall not be exclusive and the city reserves the right to grant the use of its beaches and riverfront parks to any person at any time during the period of any franchise awarded pursuant to this article. (b) Notwithstanding that all provisions, terms and conditions of section 54-5 shall apply to all franchises granted pursuant to this section 54-6, the following additional provisions shall apply to all franchises for surf, paddleboard or kayak instruction franchises: Supp. No. 23 CD54:6 (1) Individual or group surf, paddleboard, or kayak lessons may be held at the city's beaches or riverfront parks, as authorized by the city manager or city manager's designee. (2) Franchisee shall provide the city with a detailed description of the scope of its proposed surf, paddleboard or kayak op- eration, including but not limited to a description of the services to be rendered, IR 19 D PARKS AND RECREATION § 54-9 number and description of equipment or (f) Adults are responsible for children who other apparatus used to provide the ser- they bring to a city park or who are otherwise vice, name of employee, and the proposed under their care, custody or control. price of all services. (Ord. No. 07-2014, § 2, 6-17-14) (3) Food and beverage liability insurance is not required for franchises authorized pur- suant to this section 54-6. All other insur- ance requirements set forth in section 54-5 shall apply to franchises authorized pursuant to this section. (4) Surf instruction is only authorized be- tween the hours of 8:00 a.m. and 5:00 p.m. daily. (5) Paddleboard or kayak instruction held at a riverfront park is authorized only dur- ing the park's posted operating hours. (6) The franchisee must display prices for all services rendered. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-7. Hours of operation and general use of city parks. (a) All city parks shall be closed during the evening time period from dusk (sunset) to dawn (sunrise) unless otherwise provided for herein. Signs stating park hours shall be posted promi- nently in each city park. (b) Programs or events sponsored or approved by the city, or for which the city has issued a permit, shall be permitted to use the city park during such program or event for the period of time approved by the city. (c) The city council by resolution or the city manager by administrative rule may adopt more restrictive or extended hours for any particular city park on a case-by-case basis if legitimate circumstances warrant hours of operation differ- ent than those set forth in subparagraph (a) of this section. (d) The city council or the city manager may close any city park as deemed appropriate in the event of an emergency or an imminent threat to the public health, safety or welfare. (e) Persons using any city park do so at their own risk. Supp. No. 23 Sec. 54-8. Traffic. (a) The State Uniform Traffic Control Laws, chapter 316, Florida Statutes, are incorporated by reference and made part of this article and shall apply to the operation of all motor vehicles, as defined in chapter 316, on streets and roads in all city park(s), unless modified herein. Law enforce- ment officers and city employees are hereby au- thorized to direct traffic whenever necessary within the city park(s). (b) It is unlawful to operate, drive or park any motor vehicle or other vehicle upon any road, driveway, path, trail, parking area, or other area within a city park except when the area has been marked, permitted or approved for such activity or activities either by permanent signage or mark- ings or when permitted by the city in the course of a public event or activity. (c) It is unlawful to cause any vehicle for hire to stand upon any part of a city park for the purpose of soliciting passengers. (d) Pursuant to § 316.008(1)(e), Florida Stat- utes, which authorizes the city to establish speed limits on city streets in public parks, it is unlaw- ful to drive a vehicle at a rate of speed exceeding ten miles per hour in any city park unless the city has posted a greater speed limit. (e) It is unlawful to enter or exit from any city park in any vehicle except at entrances and exits designated for such purpose by the city. (f) It is unlawful to leave a vehicle standing or parked in established parking areas or elsewhere in a city park during hours when the city park is closed. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-9. Pollution and litter. (a) It is unlawful to throw or place or cause to be thrown or placed, any litter, dirt, filth, or foreign matter into the waters of any ocean, lake, CD54:7 § 54-9 CAPE CANAVERAL CODE pond, canal, pool, river, creek, inlet, tank or reservoir in any city park or on the grounds of any city park. (b) It is unlawful to cause any pollutant, as defined in § 206.9925 or § 376.031, Florida Stat- utes, to be placed in or to otherwise pollute the lands or waters of a city park. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-10. Removal of natural resources. (a) It is unlawful to remove any beach sand, whether submerged or not, any soil, rock, stones, plants, trees, shrubs, wood, flora, fauna or their materials from the city park unless issued a general or specific permit to do so by the city for the purposes of educational activities or good husbandry. (b) It is unlawful to cause or make any exca- vation by tools, equipment. blasting or other means or agency at a city park unless issued a general or specific permit to do so by the city for the purposes of educational activities or good husbandry. (c) Subsections (a) and (b) do not apply to city or Brevard County workers or authorized contrac- tors performing maintenance and upkeep of the city parks at the direction or consent of the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-11. Fireworks; destructive devices; weapons; other potentially dan- gerous uses. (a) It is unlawful to carry, fire or discharge any explosive, or weapon as those terms are defined in § 790.001, Florida Statutes, or any fireworks, as defined in § 791.01, Florida Statutes, of any description in a city park. However, the city council hereby expressly recognizes the state law preemption of firearms and ammunition pursu- ant to § 790.33, Florida Statutes, and therefore, this section shall not apply in any respects to firearms and ammunition. (b) The city may authorize or issue permits for fireworks displays for city sponsored events and activities. (c) It is unlawful to carry, fire or use rockets and radio controlled planes, boats, cars and heli- copters at a city park unless such uses are specif- ically authorized or permitted by the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-12. Hunting/wildlife preservation and conservation. (a) It is unlawful to harass, hunt, catch, harm, kill, trap, shoot, shine lights at or throw missiles at any animal, of any type or species, in any city park. Exception to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight in self-defense. (b) It is unlawful to use nets to catch fish in any publicly owned body of water or within any city park. (c) It is unlawful to catch fish for commerce within any city park, unless otherwise permitted. (d) It is unlawful for a person to remove or have in his or her possession any wild animal, of any type or species, or the eggs or nest of young reptile or bird which is or was located in a city park. (e) It is unlawful to introduce into or leave any wild animal in a city park. (f) Unless direct water access is designated by city signage, or a special permit is issued, the launching of kayaks, boats or any other water- craft is prohibited in city parks. (g) The city may issue permits to allow activi- ties and actions that are otherwise contrary to the provisions of this section if the city determines that the activities and actions will be accom- plished for management, scientific or husbandry purposes and are consistent with the public inter- est. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-13. Domestic and other animals. (a) It is unlawful to allow any pet or domestic animal, as defined in § 585.001 or § 823.041, Florida Statutes, under a person's care, custody or control into any city park unless the rules promulgated by the city with regard to the par- ticular city park specifically authorizes such ani - Supp. No. 23 CD54:8 19 9 PARKS AND RECREATION § 54-17 (Swe 31 Iq 0 mals to be present and, in the event of such rules being promulgated, a person may act in accor- dance with such rules. (b) It is unlawful to abandon any domestic animal, as defined in § 585.01 or § 823.041, Florida Statutes, into or at a city park. (c) It is unlawful to feed any animal at a city park unless the rules promulgated by the city, or a permit issued by the city, with regard to the particular city park or specific activity specifically authorizes the feeding of animals. (d) The rights of persons to use service ani- mals (e.g. dog guides) in accordance with the provisions of § 413.08, Florida Statutes, shall not be violated or abridged by application of the provisions of this section. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-14. Alcoholic beverages/tobacco products; gambling. (a) It is unlawful for a person to possess or consume any alcoholic beverage or beverages, as defined in § 856.015 or § 561.01, Florida Statutes, in any city park unless authorized or permitted by the city for a particular event occurring in a city park. (b) It is unlawful for a person to consume any tobacco product in any city park in an area that is posted or noticed as a "non-smoking/tobacco free" area or if instructed by a city employee that an area has been designated as a "non-smoking/ tobacco free" area due to its particular usage such as playing fields and areas reserved for children. (c) It is unlawful to engage in any gambling activity or game of chance, as generally described by various names pursuant to chapter 849, Flor- ida Statutes, or be in possession of any gambling device, as defined in § 849.231, Florida Statutes, in any city park unless authorized by law and approved in advance by the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-15. Trespass. (a) It is unlawful for a person to enter or remain in a city park without a permit when a city park is closed. Supp. No. 23 (b) It is unlawful for a person to enter or remain in a city park when that person's right to use the city park has been suspended by the city pursuant to section 54-25 of this article. (c) It is unlawful for a person to enter or remain in any secure or locked area or building in a city park that is not intended to be open to the public. (d) It is unlawful for a person to enter or remain in a city park when ordered to leave the city park by any law enforcement officer or city or Brevard County employee who has been autho- rized to communicate an order to leave a city park. (e) It is unlawful for a person to enter or remain in a city park when that person is prohib- ited by law or court order to be in a city park. (f) Any person violating the provisions of this section shall be subject to the civil penalties provided under this article and criminal penalties provided by applicable trespass laws including, but not limited to, § 810.09, Florida Statutes. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-16. Fires. It is unlawful to ignite, set or maintain any fire in a city park unless such fire is within an area designated by the city for fires by signage and postings displayed at the city park. Included in this prohibition are activities such as the use of portable cooking equipment of whatever type or nature. Any fire authorized by this section shall be continuously under the care and direction of a competent person from the time it is ignited until it is extinguished. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-17. Sleeping and camping. The provisions of section 50-4 of the City Code shall apply to sleeping and camping in all city parks. (Ord. No. 07-2014, § 2, 6-17-14) CD54:9 § 54-18 CAPE CANAVERAL CODE Sec. 54-18. Noise and other conduct. (a) It is unlawful to play any musical instru- ment or audio amplification system or engage in any activity in such a manner as creates a nui- sance or disturbance in a city park. (b) It is unlawful to use abusive, threatening, offensive, profane, obscene or foul language or engage in any disorderly conduct or behavior tending to breach the public peace in any city park. (c) It is unlawful to use golf clubs within a city park unless the city park is designated and au- thorized for use as a city public golf course, putting green or driving range. Otherwise, the open possession of a golf club with intent to use it within a city park shall be rebuttably presumed to be a violation of this section. (d) It is unlawful to take into, carry through, or put into any city park, any rubbish, refuse, garbage or other waste ("waste"). Such waste shall be deposited in receptacles so provided by the city. Where receptacles are not provided, all such waste shall be carried away from the city park by the person responsible for its presence and properly disposed of elsewhere. (e) It is unlawful to urinate or defecate, or otherwise dispose of human waste, in a city park except in a designated portable or permanent restroom. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-19. Peddling/distribution of materi- als. It is unlawful to engage in any commercial activity for any consideration within a city park without being authorized or permitted by the city. The following activities shall not be prohibited "commercial activity" pursuant to this section: (a) The sale of merchandise by the city or commercial activity pursuant to a con- tract between the city and a vendor that provides goods or services to the patrons of the city park. (b) Solicitation and collection of funds or the sale of merchandise or printed material by groups and organizations for the ben- efit of any charitable institution or orga- nization as defined in § 501(c)(3) of the Internal Revenue Code of the United States or for the benefit of programs and/or proj- ects sponsored by the city; provided, how- ever, any solicitation and collection requir- ing tents, tables, or any other facility to be installed, erected or parked at the city park shall require prior authorization and permit from the city. (c) The solicitation of membership or the collection of dues from members of a group or organization that inure to the benefit of that organization, in accordance with a program or league registered with the city to use the city park where the solicitation or collection occurs. (d) Contact between a salesperson and an individual, group or organization using the city park where the salesperson was invited by the individual, group or orga- nization involved for his or her or its benefit and not to involve persons not associated with the individual, group, or organization. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-20. Injuring, interfering with, etc., buildings and other property. It is unlawful to mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, waterline or other public utility or part or appurtenance thereof, sign, notice, or placard monument, stake, post, or other struc- ture, equipment or any facilities, property or appurtenances whatsoever, whether temporary or permanent, located at a city park. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-21. Interference with personnel/park operations. (a) It is unlawful to interfere with, hinder, or oppose any law enforcement officer or city or Brevard County personnel in the discharge of his or her duties or with the enforcement of this article. Supp. No. 23 CD54:10 It 9 19 D PARKS AND RECREATION § 54-24 (b) It is unlawful to interfere with the opera- tions of a city park by gathering in groups that are not engaged in bona fide recreational activi- ties consistent with the facilities of the city park and any permit issued by the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-22. Glass containers. The use of glass containers of any kind in any city park is prohibited unless such use is in an area where the use of glass containers has been authorized by the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-23. Airsoft and paintball guns; BB guns. The use of airsoft (plastic pellets) guns, paintball guns, paintball markers, and paintball equip- ment within city parks is prohibited unless the city has specifically designated an area for the use of this equipment. Paintball equipment includes, but is not limited to: paint balls, paint gun refill- able gas tanks, paint gun propellant canisters, and targets. Nothing contained in this section is intended to regulate or apply to firearms and ammunition which are preempted by state law. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-24. Promulgation of rules; city fees; preexisting rules; conflicts with rules; enforcement and penal- ties. (a) The city manager is hereby authorized to adopt administrative rules supplemental to, and consistent with, the provisions of this article that he or she deems necessary and appropriate to implement the provisions of this article relative to the use of city parks and the violation of such rules shall constitute a violation of this article. (b) The provisions of this article and the rules adopted by the city shall be maintained on file at city hall and at the leisure services department office for public inspection and copying. (c) A general condition of each permit to use a city park is that the permittee shall abide by and adhere to the provisions of this article and the rules promulgated by the city, except as may be Supp. No. 23 otherwise specifically permitted by the city by means of a permit issued for a specific event or activity. (d) The city manager or authorized designee shall regularly review, or cause to be reviewed, the use of and conditions within each city park in order to reasonably mitigate against potential public liability relating to city parks. (e) The city manager or authorized designee shall regularly review, or cause to be reviewed, the use and condition of each city park to ensure compliance with the Americans With Disabilities Act and other laws, rules and regulations where applicable. (f) Fees. The city council may establish by resolution or written agreement with a specific user of a city park a fee schedule for the use of city parks. (g) Preexisting rules. All rules regulating city parks adopted by the city prior to the enactment of this article on June 17, 2014 shall remain in full force and effect unless in conflict with any provision of this article. (h) Conflicts with rules. The provisions of this article shall prevail over any preexisting or sub- sequently adopted conflicting city rule regulating city parks. (i) Enforcement, generally. City law enforce- ment and code enforcement officers, the director of leisure services or authorized designee, and the city manager or authorized designee shall be responsible for enforcing the provisions of this article, and shall have the authority to order any person or persons acting in violation of this article to leave the city park. It is unlawful for a person to remain in the city park when the person is asked to leave the city park by a city official pursuant to this section. () Initiation of code enforcement. City law en- forcement and code enforcement shall be respon- sible for initiating any code enforcement proceed- ings regarding a violation of this article. (k) Penalties. The enforcement and penalty provisions set forth in this article are not in- tended to be exclusive enforcement remedies. Nothing contained herein shall be construed to CD54:11 § 54-24 CAPE CANAVERAL CODE limit law enforcement and the city from enforcing the provisions of this article by any other lawful means. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-25. Suspension of use of city park. (a) The suspension provisions set forth in this section are a management tool independent of any other enforcement tool referenced under this article for the purpose of managing the city parks for the common welfare and safety of all city park patrons and preservation of all city park facilities. The intent and purpose of this section is to ensure compliance with this article and to protect the public health, safety, and welfare of city park patrons. Suspension of a person's privilege to use city parks or facilities therein are intended to occur only when that person has demonstrated an inability to comply with the provisions set forth in this article or has engaged in certain illegal or violent behavior in a city park in violation of the law. (b) A person's privilege to use a city park or any facility therein may be suspended by city law enforcement or the city's director of leisure ser- vices when the person has been found guilty of violating any provision of this article on more than two occasions within a three year period. For purposes of this section, the term "guilty" shall include a plea of nolo contendere, voluntary pay- ment of a citation issued in accordance with this article, or an adjudication of guilt by a court of law or code enforcement board. The first suspen- sion shall be for a period of up to 90 days, and each additional suspension thereafter, the suspen- sion period shall be for up to 90 days per applica- ble offense, not to exceed two consecutive years for any one suspension. (c) A person's privilege to use a city park or any facility therein may be suspended by city law enforcement or the city's director of leisure ser- vices when a person is cited for a violation of 54-15 (b), (d) or (e) for certain trespass cases, or 54-21 for interfering with personnel. Suspension for a first offense shall be for 30 days, plus an additional 60 days for every other similar offense, not to exceed two consecutive years for any one suspension. (d) A person's privilege to use a city park or any facility therein may be suspended for up to two consecutive years by city law enforcement for each incident in which that person has been charged with committing a violent criminal of- fense in a city park including, but not limited to, breach of peace under § 870.03, Florida Statutes; affrays and riots under § 870.01; aggravated bat- tery under § 784.045, Florida Statutes, and resist- ing an officer with violence under § 843.01, Flor- ida Statutes. (e) A person's privilege to use a city park or any facility therein may be suspended for up to two consecutive years by city law enforcement for each incident in which that person has been charged with engaging in or allowing in a city park the possession, use or sale of controlled substances, as that term is defined in § 893.03, Florida Statutes, in violation of law. (f) A person's privilege to use a city park or any facility therein may be suspended for up to two consecutive years by city law enforcement for each incident in which that person has been charged with engaging in or allowing prostitution in a city park. (g) A person's privilege to use a city park or any facility therein may be suspended by city law enforcement or director of leisure services for fees that are past due more than 120 days and which are imposed pursuant to this article or pursuant to a citation imposed for violating the provisions of this article. However, any suspension imposed under this subsection shall immediately expire at such time the fees are paid. (h) Any suspension order issued in accordance with this section shall be in writing and shall state the name and address of the person who is subject to the suspension, the cause of the sus- pension, the duration of the suspension including the effective and expiration date of the suspen- sion, and the city parks or any facility subject to the suspension. The order shall also state that the person shall have the right to appeal the suspen- sion to the city manager by delivering written notice of appeal to the city manager within three business days of the receipt of the order. The notice of the appeal shall state the grounds for the appeal. The city manager shall set the time and Supp. No. 23 CD54:12 Wn M PARKS AND RECREATION § 54-47 place for hearing such appeal, and notice of the time and place shall be given at least five calen- dar days prior to the date set for the hearing. The hearing shall occur no later than ten days after the date the appeal notice is received by the city. Failure to timely file an appeal of a suspension order shall constitute a waiver of the person's right to an appeal and the order shall be deemed final. (i) The city manager shall adopt rules and procedures for conducting a fair and impartial hearing to determine compliance with the provi- sions of this section. All decisions of the city manager under this section shall be deemed final and shall be subject to appeal to a court of competent jurisdiction. 0) When a suspension may be ordered up to a maximum number of days under this section, the city shall consider the following factors when determining the length of the suspension: (1) the gravity of the violation; (2) the potential or actual harm or danger the violation had or caused on other patrons or facilities of the city park; and (3) any mitigating circumstances. (Ord. No. 07-2014, § 2, 6-17-14) ARTICLE II. CULTURE AND LEISURE SERVICES BOARD* Sec. 54-26. Established. There is created a culture and leisure services board to consist of seven members. (Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94; Ord. No. 12-2003, § 6, 7-1-03; Ord. No. 13-2011, § 5, 12-20-11) Sec. 54-27. Reserved. Editor's note Ord. No. 12-2003, § 6, deleted § 54-27, which pertained to vacation of office. Sec. 54-28. Duties. The culture and leisure services board shall advise the city on matters pertaining to cultural *Editor's note—Ord. No. 13-2011, § 5, adopted Dec. 20, 2011, amended the title of Art. II to read as herein set out. The previous title was "Recreation Board." Cross reference—Boards, committees, commissions, § 2- 171 et seq. Supp. No. 23 events, public parks and recreation and shall serve in such other similar matters as the city may direct. (Code 1981, § 255.02; Ord. No. 13-2011, § 5, 12-20-11) Sec. 54-29. Indebtedness. The culture and leisure services board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained. (Code 1981, § 251.05; Ord. No. 13-2011, § 5, 12-20-11) Secs. 54-30-54-45. Reserved. ARTICLE III. VESSEL CONTROL AND WATER SAFETY Sec. 54-46. Purpose and findings. (a) The purpose of this article shall be to promote safety in and between boating, swim- ming and other water related activities in the city. (b) The city does hereby declare that the public health, safety and welfare of the citizens of the city and others requires designation of specific areas within which the operation of vessels may be regulated or prohibited. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-47. Definitions. For the purposes of this article, the following terms, phrases, words and derivations shall have the meaning given herein: Bather means any person who is in the same body of water as a vessel, whether such person is swimming, wading or engaged in any other activ- ity in the water. Idle speed means the lowest speed at which a vessel can operate and maintain steering control. Operate means to navigate or otherwise use any vessel in or on the water. Person means any individual, partnership, firm, corporation, association or other entity. CD54:13 § 54-47 CAPE CANAVERAL CODE Vessel means every description of watercraft and airboat used or capable of being used as a means of transportation or recreation on the water. As used in this article, the terms "boat" and "watercraft" are synonymous with 'vessel." When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (Ord. No. 14-95, § 1, 8-15-95; Ord. No. 22-2003, § 2, 9-2-03) Sec. 54-48. Area of enforcement. The area of enforcement of the provision of this article shall be the Atlantic Ocean and Banana River located within Cape Canaveral, Florida. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-49. Means of enforcement. The provision of this article shall be enforced by members of all duly authorized law enforce- ment agencies within the city. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-50. Careful and prudent operation required. Every person operating any vessel in or under any waters within the area of enforcement as set forth above shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbu- lence, proximities to fishermen, bathers, water- skiers, divers and other boats and watercraft, and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a vessel in such a careful and prudent manner shall constitute careless boating in violation of this article. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-51. Speed not to be greater than what is reasonable under the condi- tions. Nothing contained in this article shall be con- strued to authorize or approve any speed greater than is reasonable and proper in consideration of local conditions, other water traffic, fishermen, waterskiers or bathers in the area, or other haz- ards. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-52. Designation of areas of regu- lated water activities. All waters within 300 feet offshore from all beaches and shorefront bathing areas or shoreline of the Banana River, whether or not so designated with appropriate signs are hereby designated as areas of regulated water activities. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-53. Procedure for designating addi- tional areas of regulated water activities. By ordinance, the city council may designate additional specific areas as an "area of regulated water activities" as described in section 54-52. In designating such areas, the city council shall hear all testimony presented and make a finding that the designation is necessary for the safety and/or welfare of the citizens of the city. Upon the adop- tion of such an ordinance, the city shall publish the ordinance one time in a newspaper of general circulation in the county after which the designa- tion of the area shall be complete and binding. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-54. Exemptions. (a) The provisions of this article shall not be construed to prohibit the running of racing or exhibition boats during a publicly announced, properly authorized by the appropriate govern- mental body, supervised and adequately patrolled regatta or speed trial or exhibitions. (b) Florida Marine Patrol rescue craft, Coast Guard rescue craft, the county sheriff patrol craft and craft operating under emergency conditions shall be exempted from the provisions of this article while performing their official duties or operating in an emergency. (Ord. No. 14-95, § 1, 8-15-95) Supp. No. 23 CD54:14 It PARKS AND RECREATION § 54-55 Sec. 54-55. Penalties. Any person who knowingly violates any provi- sion of this article, including refusal to allow a law enforcement officer to make an inspection under this article, shall, upon conviction, be pun- ished according to law and shall be subject to a fine not exceeding the sum of $500.00 or impris- onment in the county jail for a period of not exceeding 60 days, or both such fine and impris- onment. (Ord. No. 14-95, § 1, 5-15-95) Supp. No. 23 CD54:15 This page is intentionally left blank Subpart B LAND DEVELOPMENT CODE Chapter 82 BUILDINGS AND BUILDING REGULATIONS* Article I. General Administrative Sec. 82-1. Proof of competency. Sec. 82-2. Local business tax receipt required for contractors. Sec. 82-3. Building department. Sec. 82-4. Employee qualifications. Sec. 82-5. Restrictions on employees. Sec. 82-6. Records. Sec. 82-7. Liability. Sec. 82-8. General. Sec. 82-9. Right of entry. Sec. 82-10. Stop work orders. Sec. 82-11. Revocation of permits. Sec. 82-12. Unsafe buildings or systems. Sec. 82-13. Permitting and inspection. Sec. 82-14. Permit intent. Sec. 82-15. Schedule of permit fees. Sec. 82-16. Additional data. Sec. 82-17. Hazardous occupancies. Sec. 82-18. Special foundation permit. Sec. 82-19. Public right-of-way. Sec. 82-20. Existing building inspections. Sec. 82-21. Inspection service. Sec. 82-22. Tests. Sec. 82-23. Violations and penalties. Secs. 82-24-82-30. Reserved Supp. No. 23 CD82:1 *Editor's note -Ord. No. 06-2001, §§ 1, 2, amended ch. 82, arts. I -XIII. These articles also pertained to buildings and building regulations and derived from the following: Code 1981, §§ 509.13, 547.01, 547.03, 611.07, 612.01, 612.03, 612.05, 612.07, 612.09, 612.11, 612.13, 612.15, 612.17, 612.19, 612.21, 612.23, 612.25, 612.27, 612.29, 613.02-613.04, 614.02, 614.03, 615.01, 615.02, 615.04, 617.01, 617.19, 618.01, 618.03, 618.04, 619.01-619.04, 620.01-620.03, 623.01, 623.07, 625.01-625.03, 627.01-627.03; Ord. No. 10-92, §§ 1(613.01), 1(613.02), adopted Aug. 18, 1992; Ord. No. 11-92, § 1(614.02), adopted June 15, 1993; Ord. No. 12-92, §§ 1(615.01), 1(615.02), adopted Aug. 18, 1992; Ord. No. 13-92, § 1, adopted Aug. 18, 1992; Ord. No. 20-92, §§ 2, 4, adopted Nov. 5, 1992; Ord. No. 13-93, §§ 1(613.01), 1(613.02), adopted June 15, 1993; Ord. No. 15-93, §§ 1(615.01), 1(615.02), adopted June 15, 1993; Ord. No. 18-93, § 1(627.01), adopted June 15, 1993; Ord. No. 19-19, § 1, adopted Aug. 15, 1995; Ord. No. 19-95, § 1, adopted Aug. 15, 1995; Ord. No. 20-95 § 1, adopted Aug. 8, 1995; Ord. No. 21-95, § 1, adopted Aug. 15, 1995; Ord. No. 22-95, § 1, adopted Aug. 15, 1995; Ord. No. 23-95, § 1, adopted Aug. 15, 1995; Ord. No. 8-96, § 1, adopted June 18, 1996; Ord. No. 3-98, § 1, adopted March 3, 1998; Ord. No. 4-98, § 1, adopted March 3, 1998; Ord. No. 5-98, § 1, adopted March 3, 1998; Ord. No. 6-98, § 1, adopted March 3, 1998; Ord. No. 7-98, § 1, adopted March 3, 1998; Ord. No. 8-98, § 1, adopted March 3, 1998; Ord. No. 9-98, § 1, adopted March 3, 1998; and Ord. No. 10-98, § 1, adopted March 3, 1998. Cross references -Code enforcement, ch. 2, art. VI; outdoor entertainment, § 10-46 et seq.; alarm systems, § 30-26 et seq.; environment, ch. 34; litter, § 34-26 et seq.; noise, § 34-151 et seq.; lighting regulations, § 34-206 et seq.; fire prevention and protection, ch. 38; utilities, ch. 78; sanitary sewer system, § 78-26 et seq.; sanitary sewer system impact fees, § 78-121 et seq.; stormwater management, § 90-116 et seq.; off-street parking requirements, § 110-491 et seq. State law reference -Construction standards, F.S. ch. 553. Supp. No. 23 CD82:1 CAPE CANAVERAL CODE J Article II. Building Code Sec. 82-31. Florida Building Code adopted. Sec. 82-32. Establishment of construction board of adjustment and appeals. Sec. 82-33. Appeals. Sec. 82-34. Procedures of the board. Secs. 82-35-82-55. Reserved. Article III. Unsafe Building Abatement Code Sec. 82-56. Standard Unsafe Building Abatement Code adopted. Secs. 82-57-82-87. Reserved. Article IV Coastal Construction Code Sec. 82-88. Structural requirements for major structures. Sec. 82-89. Design conditions. Secs. 82-90-82-115. Reserved. Article V. Registration and Maintenance of Properties in Foreclosure Sec. 82-116. Purpose and intent. Sec. 82-117. Definitions, Sec. 82-118. Registration requirements. Sec. 82-119. Registration fees. Sec. 82-120. Mortgagee inspection requirements. Sec. 82-121. Maintenance requirements. Sec. 82-122. Security requirements. Sec. 82-123. Additional authority of enforcement officers; immunity. Sec. 82-124. Enforcement; penalties. Sec. 82-125. Supplemental authority. Secs. 82-126-82-145. Reserved. Article VI. Local Amendments to Florida Building Code, Building Sec. 82-146. Administrative amendments to Florida Building Code, Building. Sec. 82-147. Technical amendments to Florida Building Code, Residential. Sec. 82-148. Technical amendments to Florida Building Code, Building. Secs. 82-149-82-170. Reserved. Article VII. Reserved Secs. 82-171-82-195. Reserved. Article VIII. Reserved Secs. 82-196-82-220. Reserved. Article IX. International Property Maintenance Code Sec. 82-221. International Property Maintenance Code adopted. Secs. 82-222-82-232. Reserved. it Supp. No. 23 CD82:2 BUILDINGS AND BUILDING REGULATIONS Article X. Reserved Sec. 82-233. Reserved. Articles XI—XIII. Reserved Secs. 82-234-82-365. Reserved. Article XIV. Numbering of Buildings and Property Sec. 82-366. Purpose. Sec. 82-367. System established; incorporation of map. Sec. 82-368. Administration. Sec. 82-369. Assignment of numbers. Sec. 82-370. Numbering multiple -family structures. Sec. 82-371. Posting and specifications of numbers. Secs. 82-372-82-374, Reserved. Article XVI. Temporary Storage Units Sec. 82-400. Temporary storage units. Supp. No. 23 CD82:2.1 Article XV. Citations; Unlicensed Contractors; Failure to Obtain Building Permit Sec. 82-375. Intent and purpose. Sec. 82-376. Findings. Sec. 82-377. Citation authorized for construction contracting violations. Sec. 82-378. Citation form. Sec. 82-379. Penalty. Sec. 82-380. Refusal to sign citation. Sec. 82-381. Sec. 82-382. Stop work. Correction of violation; payment of penalty; notice of hearing. Sec. 82-383. Administrative hearings; accrual of penalties. Sec. 82-384. Appeals of code enforcement board decisions. Sec. 82-385. Recording code enforcement board orders. Sec. 82-386. Notices. Secs. 82-387-82-399. Reserved. Article XVI. Temporary Storage Units Sec. 82-400. Temporary storage units. Supp. No. 23 CD82:2.1 This page is intentionally left blank D D BUILDINGS AND BUILDING REGULATIONS of openings may be allowed pending repairs to the extent required by an enforcement officer to ad- dress public safety and emergency situations. Said additional requirements shall be stated in writing and shall have the force of law under this article. (b) Any enforcement officer authorized by the city to enforce this article shall be immune from prosecution, civil or criminal, for reasonable good faith entry or trespass upon any real property while in the discharge of duties imposed by this article. (Ord. No. 07-2012, § 2, 5-15-12) Sec. 82-124. Enforcement; penalties. (a) The provisions of this article may be en- forced and penalties imposed on mortgagees and/or owners of record for violations of this article as provided by law. Without limiting the city's right to impose any other penalties as provided by law, or to enforce this article by any other lawful means, a violation of this article shall be deemed a class 1V violation for code enforcement citation purposes. Nothing under this article shall be construed as imposing liability on local property managers acting on a mortgagee's behalf pursu- ant to this article. (b) Upon failure of the mortgagee to comply with the maintenance or security requirements under this article, the city manager or designee may take such appropriate action deemed neces- sary to remedy a maintenance and security fail- ure on property subject to this article. Any such action taken on such premises shall be charged against the real estate upon which the building or structure is located and shall be a lien upon such real estate. Any such lien shall be superior to all other liens except those of state, county or munic- ipal taxes and shall be on a parity with liens of state, county or municipal taxes. Further, such lien shall bear interest at the maximum rate permitted by state law and costs of collection, and shall continue to be a lien against the real estate until paid. (Ord. No. 07-2012, § 2, 5-15-12) Supp. No. 23 Sec. 82-125. Supplemental authority. § 82-146 This article shall be deemed in addition and supplemental to any other provision of law. (Ord. No. 07-2012, § 2, 5-15-12) Secs. 82-126-82-145. Reserved. ARTICLE VI. LOCAL AMENDMENTS TO FLORIDA BUILDING CODE, BUILDING* Sec. 82-146. Administrative amendments to Florida Building Code, Build- ing. Add a new Sec. 104.10.1 as follows: 104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction require- ments of the Florida Building Code to deter- mine whether such requests require the grant- ing of a variance pursuant to Section 117. Add a new Sec. 107.6.1 as follows: 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the Na- tional Flood Insurance Program (44 C.F.R. Sec- tions 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construc- tion documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction require- ments of the Florida Building Code. Add a new Sec. 117 as follows: 117 VARIANCES IN FLOOD HAZARD AR- EAS *Editor's note—Prior to reenactment by Ord. No. 04- 2014, § 4, adopted Feb. 18, 2014, Ord. No. 12-2005, § 3, adopted Oct. 4, 2005, repealed art. VI, which pertained to plumbing and derived from Ord. No. 06-2001, § 1, adopted Dec. 4, 2001 CD82:13 § 82-146 CAPE CANAVERAL CODE 117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance proce- dures adopted in Article II of Chapter 90 of this Code shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. (Ord. No. 04-2014, § 4, 2-18-14) Sec. 82-147. Technical amendments to Flor- ida Building Code, Residential. Modify a definition in Section 202 as follows SUBSTANTIAL IMPROVEMENT. Any combi- nation of repair, reconstruction, rehabilitation, addition or improvement of a building or struc- ture taking place during a 10 -year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the 10 -year period begins on the date of the first improve- ment or repair of building or structure subse- quent to April 9, 2002. If the structure has sustained substantial damage, any repairs are considered substantial improvement regard- less of the actual repair performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sani- tary or safety code violations identified by the building official and that are the min- imum necessary to assure safe living con- ditions. 2. Any alteration of a historic structure pro- vided that the alteration will not preclude the structure's continued designation as a historic structure. Modify Sec. R322.2.1 as follows: R322.2.1 Elevation requirements. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or Supp. No. 23 CD82:14 above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) ele- vated at least as high above the highest adjacent grade as the depth number spec- ified in feet on the FIRM plus 1 foot, or at least 3 feet if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. Modify Sec. R322.3.2 as follows: R322.3.2 Elevation requirements. 1. All buildings and structures erected within coastal high -hazard areas shall be ele- vated so that the lowest portion of all structural members supporting the low- est floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is: 1.1 Located at or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the direction of approach, or 1.2 Located at the base flood elevation plus 2 feet, or the design flood eleva- tion, whichever is higher, if the low - It D BUILDINGS AND BUILDING REGULATIONS § 82-232 est horizontal structural member is 2. Any alteration of a historic structure pro - oriented perpendicular to the direc- vided that the alteration will not preclude tion of wave approach, where perpen- the structure's continued designation as a dicular shall mean greater than 20 historic structure. degrees (0.35 rad) from the direction (Ord. No. 04-2014, § 4, 2-18-14) of approach. 2. Basement floors that are below grade on all sides are prohibited. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of mi- nor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for sup- port of parking slabs, pool decks, patios and walkways. Exception: Walls and partitions enclosing ar- eas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. (Ord. No. 04-2014, § 4, 2-18-14) Sec. 82-148. Technical amendments to Flor- ida Building Code, Building. Modify a definition in Section 1612.2. as fol- lows: SUBSTANTIAL IMPROVEMENT. Any combi- nation of repair, reconstruction, rehabilitation, addition or improvement of a building or struc- ture taking place during a 10 -year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the 10 -year period begins on the date of the first improve- ment or repair of building or structure subse- quent to April 9, 2002. If the structure has sustained substantial damage, any repairs are considered substantial improvement regard- less of the actual repair performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sani- tary or safety code violations identified by the building official and that are the min- imum necessary to assure safe living con- ditions. Supp. No. 23 Secs. 82-149-82-170. Reserved. ARTICLE VII. RESERVED* Secs. 82-171-82-195. Reserved. ARTICLE VIII. RESERVEDt Secs. 82-196-82-220. Reserved. ARTICLE IX. INTERNATIONAL PROPERTY MAINTENANCE CODE Sec. 82-221. International Property Mainte- nance Code adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. (Ord. No. 06-2001, § 2, 12-4-01) Secs. 82-222--82-232. Reserved. *Editor's note—Ord. No. 12-005, § 3, adopted Oct. 4, 2005, repealed art. VII, which pertained to fuel gas. tEditor's note Ord. No. 12-2005, § 3, adopted Oct. 4, 2005, repealed art. VIII, which pertained to mechanical and derived from Ord. No. 06-2001, § 1, adopted Dec. 4, 2001. CD82:15 § 82-233 ARTICLE X. RESERVED* Sec. 82-233. Reserved. CAPE CANAVERAL CODE ARTICLES XI—XIII. RESERVEDt Secs. 82-234-82-365. Reserved. ARTICLE XIV. NUMBERING OF BUILDINGS AND PROPERTY Sec. 82-366. Purpose. The purpose of requiring the display of build- ing or property numbers is for locating such property in an emergency. Sec. 82-367. System established; incorpora- tion of map. A uniform system of numbering properties and principal buildings, as shown on the map identi- fied by the title, "Property Numbering Map," which is filed in the office of the building official, is adopted for use in the city. This map and all explanatory matter thereon is adopted and made a part of this article. (Code 1981, § 505.01) Sec. 82-368. Administration. (a) The building official shall be responsible for maintaining the numbering system adopted by this article. (b) The building official shall duly record all numbers assigned under section 82-367. *Editor's note—Ord. No. 12-2005, § 3, adopted Oct. 4, 2005, repealed art. X, which pertained to existing Standard Building Code and derived from Ord. No.06-2001, § 2, adopted Dec. 4, 2001. tEditor's note—Ord. No. 06-2001, § 2, adopted Dec. 4, 2001, repealed Arts. XI—XII in their entirety. Art. XI per- tained to the housing code and derived from Code 1981, §§ 619.01-619.03, Ord. No. 13-92, adopted Aug. 18, 1992; Ord. No. 23-95, adopted Aug. 15, 1995; and Ord. No. 9-98, adopted March 3, 1998. Art. XII pertained to the excavation and grading code and derived from Code 1981, §§ 625.01 and 625.02. Art. XIII pertained to threshold buildings and derived from Code 1981, § 623.01 and Ord. No. 10-98, adopted March 3, 1998. (c) The building official shall assign to any property owner in the city, upon request and without charge, a property number for each prin- cipal building or separate front entrance to such building. However, the building official may issue additional property numbers in accord with the official numbering system whenever a property has been subdivided, a new front entrance opened or undue hardship has been worked on any prop- erty owner. (Code 1981, § 505.03) Sec. 82-369. Assignment of numbers. All properties or parcels of land within the city shall be identified by reference to the uniform numbering system adopted in this article. (Code 1981, § 505.05) Sec. 82-370. Numbering multiple -family structures. Each principal building shall bear the number assigned to the frontage on which the front en- trance is located. If a principal building is a multiple -family structure comprised of four or more dwelling units, the principal building shall bear a separate number, and each dwelling unit therein shall affix a letter suffix or apartment number suffix to the building number. (Code 1981, § 505.09) Sec. 82-371. Posting and specifications of numbers. Numbers indicating the official numbers for each principal building or each front entrance to such building shall be posed in a manner as to be clearly visible and distinguishable from the street on which the property is located. Such numbers shall be a minimum of three inches in height and one-half inch in width and of a contrasting color with the building. (Code 1981, § 505.11) Secs. 82-372-82-374. Reserved. Supp. No. 23 CD82:16 it it D BUILDINGS AND BUILDING REGULATIONS § 82-380 ARTICLE XV. CITATIONS; UNLICENSED utes. This article does not authorize or permit a CONTRACTORS; FAILURE TO OBTAIN code enforcement officer to perform any function BUILDING PERMIT or duty of a law enforcement officer. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-375. Intent and purpose. It is the intent and purpose of this article to authorize the issuance of citations for violations of F.S. §§ 489.127 and 489.132(1), as may be amended or renumbered from time to time by the Florida Legislature. It is also the intent and purpose of this article to establish a procedure to implement the issuance of such citations by code enforcement officers, who under this article shall be the building official and those persons desig- nated a code enforcement officer by the city man- ager. Nothing contained in this article shall pro- hibit the city from enforcing its codes or ordinances by any other lawful means. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-376. Findings. The city council of the City of Cape Canaveral hereby finds: (a) The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health, safety, and welfare and jeopar- dizes the safety of occupants of buildings. (b) The performance of construction by con- tractors who are not duly licensed, when a contracting license is required, may pose a danger of significant harm to the public when incompetent or dishonest unlicensed contractors provide unsafe, unstable, or short-lived products or services. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-377. Citation authorized for con- struction contracting violations. A code enforcement officer is hereby authorized to issue a citation for any violation of F.S. §§ 489.127 and 489.132(1), whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and proce- dures established by this article and Florida Stat - Supp. No. 23 Sec. 82-378. Citation form. A citation issued by a code enforcement officer shall be in a form prescribed by the city council by resolution, and shall contain at a minimum: (a) The time and date of issuance. (b) The name and address of the person to whom the citation is issued. (c) The time and date of the violation. (d) A brief description of the violation and the facts constituting reasonable cause. (e) The name of the code enforcement officer. (f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (g) The applicable civil penalty if the person elects not to contest the citation. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-379. Penalty. In addition to any other criminal penalties provided by F.S. § 489.127(2), a civil penalty of $500.00 shall be levied for any violation of this article. All monies collected by the city from citations issued under this Article shall be depos- ited in the city's general fund and may be ex- pended for any public purpose authorized by the city council. A person cited for a violation pursu- ant to this article is deemed to be charged with a noncriminal infraction. Each violation is a sepa- rate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-380. Refusal to sign citation. Except in the absence of the person who has committed the violation, a code enforcement offi- cer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "Refused to Sign" or CD82:17 § 82-380 CAPE CANAVERAL CODE any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the sheriffs department to report such violation of this article and F.S. § 489.127(5)(m). (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-381. Stop work. Any person who is issued a citation under this article shall immediately cease the act for which the citation was issued upon receipt of the cita- tion. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-382. Correction of violation; pay- ment of penalty; notice of hear- ing. Upon receipt of a citation, the person charged with the violation shall elect either to: (a) Correct the violation and pay to the city the civil penalty in the manner indicated on the citation or, (b) Within ten days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the city's code enforcement board to ap- peal the issuance of the citation in accor- dance with the procedures set forth in this article. Any request for an administrative hearing shall be made and delivered in writing to the city manager by the time set forth in this subsection. Failure to request an administrative hearing in writ- ing within the ten-day time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of said right shall be deemed an admission of the violation, and penalties shall be imposed as set forth on the citation. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-383. Administrative hearings; ac- crual of penalties. (a) All administrative hearings held pursuant to this article shall be conducted by the code enforcement board in accordance with the require- ments of the Local Government Code Enforce- ment Boards Act. (b) During the administrative hearing, if the violator demonstrates to the code enforcement board that the violation is invalid or that the violation has been corrected prior to appearing before the code enforcement board, the code en- forcement board may dismiss the citation unless the violation is irreparable or irreversible, in which case the code enforcement board may order the violator to pay a civil penalty as set forth in subsection (c) below. (c) During the administrative hearing, if the code enforcement board finds that a violation exists, the code enforcement board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $1,000.00 per day for each violation. In determining the amount of the penalty, the code enforcement board shall consider the following facts: (1) The gravity of the violation. (2) Any actions taken by the violator to cor- rect the violation. (3) Any previous violations which were com- mitted by the violator. (d) During the administrative hearing, if the code enforcement board finds that the violator had not contested or paid the civil penalty set forth in the citation within the time required in this article, the code enforcement board shall enter an order ordering the violator to pay the civil penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such order. (e) All civil penalties imposed by the code enforcement board under this article shall con- tinue to accrue until the violator comes into compliance or until a judgment is rendered by a court to collect or foreclose on a lien filed under this article, whichever occurs first, regardless of whether or not the order of the code enforcement board sets forth this accrual requirement. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-384. Appeals of code enforcement board decisions. Any person aggrieved by a final administrative order of the code enforcement board pursuant to Supp. No. 23 CD82:18 D D 24 BUILDINGS AND BUILDING REGULATIONS § 82-400 this article, including the city council, may appeal the order to the circuit court in accordance with F.S. § 489.127(5)(j), as may be amended or renum- bered from time to time by the Florida Legisla- ture. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-385. Recording code enforcement board orders. A certified copy of an order of the code enforce- ment board imposing a civil penalty under this article may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Flor- ida law. (Ord. No. 09-2004, § 1, 5-18-04) Sec. 82-386. Notices. All notices required by this article shall be provided to the violator by certified mail, return receipt requested; by hand delivery by a law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his or her family above 15 years of age and informing such person of the contents of the notice; or by including a hearing date within the citation. (Ord. No. 09-2004, § 1, 5-18-04) Secs. 82-387-82-399. Reserved. ARTICLE XVI. TEMPORARY STORAGE UNITS Sec. 82-400. Temporary storage units. (a) Definition. For purposes of this section, "temporary storage unit" shall mean a structure designed and used primarily for storage of build- ing materials, personal or commercial goods and belongings, and other such material; and that is not intended for permanent installation, (b) Permit required. A supplier of a temporary storage unit shall obtain a permit issued by the building department prior to supplying and in- stalling or allowing to be installed a temporary storage unit within the city. The permit shall be Supp. No. 23 limited to a specific address and shall allow the installation at such address pursuant to the re- quirements of this section and applicable provi- sions of the City Code including, but not limited to, zoning provisions. A permit fee shall be re- quired by resolution of the city council and col- lected by the city. The permit shall contain the dates and times of issuance, installation and removal, the name of the person to whom the temporary storage unit is supplied, and the ad- dress at which the temporary storage unit will be installed. (c) Residential property. Temporary storage units are permitted on property zoned or used for residential purposes under the following criteria: (1) A maximum of one temporary storage unit is allowed per lot. (2) The maximum size of the temporary stor- age unit is ten feet wide, 24 feet long, and nine feet high. (3) The maximum time for the temporary storage unit to remain on the lot shall be 30 consecutive days with a maximum of two placements per year. (d) Commercial and industrial property. Tem- porary storage units are permitted on property zoned or used for commercial or industrial pur- poses under the following criteria: (1) A maximum of one temporary storage unit is allowed per half acre, not to exceed three temporary storage units per lot. (2) The maximum time for the temporary storage unit to remain on the lot shall be 30 consecutive days with a maximum of two placements per year. (3) The temporary storage units shall not be stacked on top of one another. (e) Exceptions. The regulations set forth in subsections (c), (d)(1) and (d)(2) shall not apply to temporary storage units that are: CD82:19 (1) Installed for construction purposes and in conjunction with a valid and unexpired building permit, in accordance with F.S. § 553.73(8); or § 82-400 CAPE CANAVERAL CODE (2) Authorized by resolution of the city coun- cil and installed during any period de- clared an emergency within the city by any governmental authority. M Weather emergency removal. In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier and property owner to remove the temporary storage unit by providing the supplier at least 24 hours' notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage unit shall be immediately removed by the supplier and property owner after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage unit if the supplier and property owner do not remove the temporary storage unit as required by this subsection. The supplier and property owner, jointly and sever- ally, shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code viola- tion and shall result in a lien being imposed pursuant to F.S. ch. 162, in the amount of said costs. (g) Permit extensions. For good cause shown by the owner of the property at which the temporary storage unit will be supplied, the time periods set forth in subparagraphs (c) and (d) may be ex- tended by the city manager; provided an exten- sion granted by the city manager shall not extend more than 30 consecutive days, good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. (h) Liability. Notwithstanding any provision to the contrary, the supplier and property owner shall be jointly and severally liable for any viola- tion under this section. (Ord. No. 01-2004, § 2, 3-2-04) Supp. No. 23 CD82:20 It Chapter 90 FLOODS* Article I. In General Secs. 90-1-90-25. Reserved. Article H. Floodplain Management Division 1. Administration Part A. General Sec. 90-26. Title. Sec. 90-27. Scope. Sec. 90-28. Intent. Sec. 90-29. Coordination with the Florida Building Code. Sec. 90-30. Warning. Sec. 90-31. Disclaimer of liability. Part C. Duties and Powers of the Floodplain Administrator Sec. 90-39. Designation. Part B. Applicability Sec. 90-32. General. Sec. 90-33. Areas to which this article applies. Sec. 90-34. Basis for establishing flood hazard areas. Qe Sec. 90-35. Submission of additional data to establish flood hazard areas. Sec. 90-36. Other laws. Sec. 90-37. Abrogation and greater restrictions. Sec. 90-38. Interpretation. Part C. Duties and Powers of the Floodplain Administrator Sec. 90-39. Designation. Sec. 90-40. General. Sec. 90-41. Applications and permits. Sec. 90-42. Substantial improvement and substantial damage determina- Sec. 90-51. tions. Sec. 90-43. Modifications of the strict application of the requirements of the Sec. 90-53. Florida Building Code. Sec. 90-44. Notices and orders. Sec. 90-45. Inspections. Sec. 90-46. Other duties of the floodplain administrator. Sec. 90-47. Floodplain management records. Part D. Permits Sec. 90-48. Permits required. Sec. 90-49. Floodplain development permits or approvals. Sec. 90-50. Buildings, structures and facilities exempt from the Florida Building Code. Sec. 90-51. Application for a permit or approval. Sec. 90-52. Validity of permit or approval. Sec. 90-53. Expiration. Sec. 90-54. Suspension or revocation. Sec. 90-55. Other permits required. *Cross references Planning, ch. 58; subdivisions, ch. 98; waterways, ch. 106; zoning regulations, ch. 110. Supp. No. 23 CD90:1 Supp. No. 23 Part F. Inspections Sec. 90-60. General. Sec. 90-61. Development other than buildings and structures. Sec. 90-62. Buildings, structures and facilities exempt from the Florida Building Code. Sec. 90-63. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Sec. 90-64. Buildings, structures and facilities exempt from the Florida Building Code, final inspection. Sec. 90-65. Manufactured homes. Part G. Variances and Appeals Sec. 90-66. CAPE CANAVERAL CODE Sec. 90-67. Part E. Site Plans and Construction Documents Sec. 90-56. Information for development in flood hazard areas. Sec. 90-57. Information in flood hazard areas without base flood elevations Sec. 90-70. (approximate Zone A). Sec. 90-58. Additional analyses and certifications. Sec. 90-59. Submission of additional data. Part F. Inspections Sec. 90-60. General. Sec. 90-61. Development other than buildings and structures. Sec. 90-62. Buildings, structures and facilities exempt from the Florida Building Code. Sec. 90-63. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Sec. 90-64. Buildings, structures and facilities exempt from the Florida Building Code, final inspection. Sec. 90-65. Manufactured homes. Part G. Variances and Appeals Sec. 90-66. General. Sec. 90-67. Appeals. Sec. 90-68. Limitations on authority to grant variances. Sec. 90-69. Restrictions in floodways. Sec. 90-70. Historic buildings. Sec. 90-71. Functionally dependent uses. Sec. 90-72. Considerations for issuance of variances. Sec. 90-73. Conditions for issuance of variances. Part H. Violations Sec. 90-74. Violations. Sec. 90-75. Authority. Sec. 90-76. Unlawful continuance. Division 2. Definitions Sec. 90-77. Definitions. Division 3. Flood Resistant Development Part A. Buildings and Structures Sec. 90-78. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Sec. 90-79. Buildings and structures seaward of the coastal construction control line. Part B. Subdivisions Sec. 90-80. Minimum requirements. Sec. 90-81. Subdivision plats. Part C. Site Improvements, Utilities and Limitations Sec. 90-82. Minimum requirements. Sec. 90-83. Sanitary sewage facilities. Sec. 90-84. Water supply facilities. Sec. 90-85. Limitations on sites in regulatory floodways. Sec. 90-86. Limitations on placement of fill. Sec. 90-87. Limitations on sites in coastal high hazard areas (zone v). CD90:2 Article III. Reserved Secs. 90-111-90-115. Reserved. Article W. Stormwater Management Division 1. Generally Sec. 90-116. FLOODS Sec. 90-117. Part D. Manufactured Homes Sec. Sec. 90-88. General. Sec. Sec. 90-89. Foundations. Sec. Sec. 90-90. Anchoring. Sec. Sec. 90-91. Elevation. Secs. Sec. 90-92. General elevation requirement. Sec. 90-93. Elevation requirement for certain existing manufactured home parks and subdivisions. Sec. 90-94. Enclosures. Sec. 90-95. Utility equipment. Part E. Recreational Vehicles and Park Railers Sec. 90-96. Temporary placement. Sec. 90-97. Permanent placement. Part F. Tanks Sec. 90-98. Underground tanks. Sec. 90-99. Above -ground tanks, not elevated. Sec. 90-100. Above -ground tanks, elevated. Sec. 90-101. Tank inlets and vents. Part G. Other Deuelopment Sec. 90-102. General requirements for other development. Sec. 90-103. Fences in regulated floodways. Sec. 90-104. Retaining walls, sidewalks and driveways in regulated floodways. Sec. 90-105. Roads and watercourse crossings in regulated floodways. Sec. 90-106. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). Sec. 90-107. Decks and patios in coastal high hazard areas (Zone V). Sec. 90-108. Other development in coastal high hazard areas (Zone V). Sec. 90-109. Nonstructural fill in coastal high hazard areas (Zone V). Sec. 90-110. Reserved. Article III. Reserved Secs. 90-111-90-115. Reserved. Article W. 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 Supp. No. 23 CD90:3 Sec. 90-131. Required. Sec. 90-132. Exemptions. Sec. 90-133. Application -Plan required. Sec. 90-134. Same -Information required. Secs. 90-135-90-145. Reserved. Supp. No. 23 CD90:3 CAPE CANAVERAL CODE Division 3. Performance Standards Sec. 90-146. Computations. Sec. 90-147. Rainfall intensity. Sec, 90-148. Water quantity requirements. Sec. 90-149. Water quality requirements. Secs. 90-150-90-160. Reserved. Compliance with county or city stormwater management master Division 4. Design Standards Sec. 90-161. Conformance to standards. Dedication. Sec. 90-162. Detention and retention systems. Maintenance by approved entity. Sec. 90-163. Best management practices. Plan for operation and maintenance program. Sec. 90-164. Compliance with county or city stormwater management master Failure to maintain. Sec. plan. Inspections. Sec. 90-165. Directing runoff. Reserved. Sec. 90-166. Configurations creating stagnant water conditions. Enforcement, inspections and penalties. Sec. 90-167. Accommodation of stormwaters on-site and off-site. Emergency exemption. Sec. 90-168. Proper functioning. Sec. 90-169. Certification. Sec. 90-170. Surface water channeled into sanitary sewer. Sec. 90-171. Compatibility with adjacent drainage systems. Sec. 90-172. Banks of detention and retention areas. Sec. 90-173. Alteration of natural surface waters. Sec. 90-174. Configuration of shoreline of detention and retention areas. Sec. 90-175. Natural surface waters used as sediment traps. Sec. 90-176. Water reuse and conservation. Sec. 90-177. Native vegetation buffers. Sec. 90-178. Phased developments. Sec. 90-179. Notification of discharge volumes. Sec. 90-180. Construction methods and materials. Sec. 90-181. Control elevation. Secs. 90-182-90-190. Reserved. Division 5. Maintenance Sec. 90-191. Dedication. Sec. 90-192. Maintenance by approved entity. Sec. 90-193. Plan for operation and maintenance program. Sec. 90-194. Failure to maintain. Sec. 90-195. Inspections. Secs. 90-196-90-199. Reserved. Article V. Construction Site Stormwater Runoff Control Sec. 90-200. Definitions. Sec. 90-201. Permits. Sec. 90-202. Review and approval. Sec. 90-203. Erosion and sediment control plan. Sec. 90-204. Design requirements. Sec. 90-205. Inspection. Sec. 90-206. Enforcement, inspections and penalties. Sec. 90-207. Emergency exemption. LK Supp. No. 23 CD90:4 FLOODS § 90-29 ARTICLE I. IN GENERAL Secs. 90-1-90-25. Reserved. ARTICLE II. FLOODPLAIN MANAGEMENT* DIVISION 1. ADMINISTRATION Part A. General Sec. 90-26. Title. This article shall be known as the Floodplain Management Ordinance of the City of Cape Ca- naveral. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-27. Scope. The provisions of this article shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installa- tions; construction, alteration, remodeling, en- largement, improvement, replacement, repair, re- location or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replace- ment of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-28. Intent. The purposes of this article and the flood load and flood resistant construction requirements of *Editor's note -Ord. No. 04-2014, § 2, adopted Feb. 18, 2014, repealed the former Art. I1, §§ 90-26-90-36, 90-46-90- 50, 90-61-90-68. Section 3 of said ordinance enacted a new Art. II as set out herein. The former Art. II pertained to flood damage prevention and derived from Code 1981, §§ 624.01- 624.03, 624.07, 624.09-624.15, 624.19-624.22, 624.26- 624.30, 624.32; Ord. No. 7-92, § 1, adopted July 21, 1992; Ord. No. 25-92, §§ 1, 2, adopted Jan. 5, 1993; Ord. No. 21-93, §§ 1-3, adopted July 6, 1993; Ord. No. 6-94, § 1, adopted Feb. 1, 1994; Ord. No. 10-2003, § 2, adopted May 6, 2003; Ord. No. 07-2007, § 5, adopted Dec. 4, 2007. the Florida Building Code are to establish mini- mum requirements to safeguard the public health, safety, and general welfare and to minimize pub- lic and private losses due to flooding through regulation of development in flood hazard areas to: (a) Minimize unnecessary disruption of com- merce, access and public service during times of flooding; (b) Require the use of appropriate construc- tion practices in order to prevent or min- imize future flood damage; (c) Manage filling, grading, dredging, min- ing, paving, excavation, drilling opera- tions, storage of equipment or materials, and other development which may in- crease flood damage or erosion potential; (d) Manage the alteration of flood hazard areas, watercourses, and shorelines to min- imize the impact of development on the natural and beneficial functions of the floodplain; (e) Minimize damage to public and private facilities and utilities; (f) Help maintain a stable tax base by pro- viding for the sound use and development of flood hazard areas; (g) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (h) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-29. Coordination with the Florida Building Code. This article is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. (Ord. No. 04-2014, § 3, 2-18-14) Supp. No. 23 CD90:5 § 90-30 Sec. 90-30. Warning. CAPE CANAVERAL CODE The degree of flood protection required by this article and the Florida Building Code, as amended by the city, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring the city to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this article. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-31. Disclaimer of liability. This article shall not create liability on the part of the City Council of the City of Cape Canaveral or any officer or employee thereof for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder. (Ord. No. 04-2014, § 3, 2-18-14) Part B. Applicability Sec. 90-32. General. Where there is a conflict between a general requirement and a specific requirement, the spe- cific requirement shall be applicable. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-33. Areas to which this article ap- plies. This article shall apply to all flood hazard areas within the City of Cape Canaveral, as established in section 90-34. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-34. Basis for establishing flood haz- ard areas. The Flood Insurance Study for Brevard County, Florida and Incorporated Areas dated March 17, 2014, and all subsequent amendments and revi- sions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amend- ments and revisions to such maps, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood haz- ard areas. Studies and maps that establish flood hazard areas are on file at City Hall. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-35. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to part E of this division, the floodplain administrator may require submission of additional data. Where field surveyed topogra- phy prepared by a Florida licensed professional surveyor or digital topography accepted by the city indicates that ground elevations: (a) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the re- quirements of the Florida Building Code. (b) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the appli- cant obtains a Letter of Map Change that removes the area from the special flood hazard area. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-36. Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state or federal law. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-37. Abrogation and greater restric- tions. This article supersedes any ordinance in effect for management of development in flood hazard Supp. No. 23 CD90:6 D P9 K FLOODS § 90-41 areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zon- ing ordinances, stormwater management regula- tions, or the Florida Building Code. In the event of a conflict between this article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, cov- enant or easement, but any land that is subject to such interests shall also be governed by this article. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-38. Interpretation. In the interpretation and application of this article, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the city; and (c) Deemed neither to limit nor repeal any other powers granted under state stat- utes. (Ord. No. 04-2014, § 3, 2-18-14) Part C. Duties and Powers of the Floodplain Administrator Sec. 90-39. Designation. The building official is designated as the flood- plain administrator. The floodplain administrator may delegate performance of certain duties to other employees. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-40. General. The floodplain administrator is authorized and directed to administer and enforce the provisions of this article. The floodplain administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and pro- cedures shall not have the effect of waiving re - Supp. No. 23 quirements specifically provided in this article without the granting of a variance pursuant to part G of this division. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-41. Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the city, shall: (a) Review applications and plans to deter- mine whether proposed new development will be located in flood hazard areas; (b) Review applications for modification of any existing development in flood hazard areas for compliance with the require- ments of this article; (c) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundar- ies; a person contesting the determination shall have the opportunity to appeal the interpretation; (d) Provide available flood elevation and flood hazard information; (e) Determine whether additional flood haz- ard data shall be obtained from other sources or shall be developed by an appli- cant; (f) Review applications to determine whether proposed development will be reasonably safe from flooding; (g) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities ex- empt from the Florida Building Code, when compliance with this article is dem- onstrated, or disapprove the same in the event of noncompliance; and (h) Coordinate with and provide comments to the building official to assure that appli- cations, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provi- sions of this article. (Ord. No. 04-2014, § 3, 2-18-14) CD90:7 § 90-42 CAPE CANAVERAL CODE Sec. 90-42. Substantial improvement and substantial damage determina- tions. For applications for building permits to im- prove buildings and structures, including altera- tions, movement, enlargement, replacement, re- pair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improve- ment of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall: (a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified in- dependent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or struc- ture shall be the market value before the damage occurred and before any repairs are made; (b) Compare the cost to perform the improve- ment, the cost to repair a damaged build- ing to its pre -damaged condition, or the combined costs of improvements and re- pairs, if applicable, to the market value of the building or structure; (c) Determine and document whether the pro- posed work constitutes substantial im- provement or repair of substantial dam- age; the determination requires evaluation of previous permits issued for improve- ments and repairs as specified in the definition of "substantial improvement" and (d) Notify the applicant if it is determined that the work constitutes substantial im- provement or repair of substantial dam- age and that compliance with the flood resistant construction requirements of the Florida Building Code and this article is required. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-43. Modifications of the strict appli- cation of the requirements of the Florida Building Code. The floodplain administrator shall review re- quests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction require- ments of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to part G of this division. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-44. Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compli- ance with this article. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-45. Inspections. The floodplain administrator shall make the required inspections as specified in part F of this division for development that is not subject to the Florida Building Code, including buildings, struc- tures and facilities exempt from the Florida Build- ing Code. The floodplain administrator shall in- spect flood hazard areas to determine if development is undertaken without issuance of a permit. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-46. Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including but not limited to: Supp. No. 23 CD90:8 (a) Establish, in coordination with the build- ing official, procedures for administering and documenting determinations of sub- stantial improvement and substantial dam- age made pursuant to section 90-42; (b) Require that applicants proposing altera- tion of a watercourse notify adjacent com- munities and the Florida Division of Emer- gency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emer- gency Management Agency (FEMA); (c) Require applicants who submit hydro- logic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information neces- sary to maintain the Flood Insurance Rate Wn Irn D FLOODS § 90-50 Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available; (d) Review required design certifications and documentation of elevations specified by this article and the Florida Building Code and this article to determine that such certifications and documentations are com- plete; (e) Notify the Federal Emergency Manage- ment Agency when the corporate bound- aries of the City of Cape Canaveral are modified; and (f) Advise applicants for new buildings and structures, including substantial improve- ments that are located in any unit of the Coastal Barrier Resources System estab- lished by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Bar- rier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Oth- erwise Protected Areas." (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-47. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the flood- plain administrator shall maintain and perma- nently keep and make available for public inspec- tion all records that are necessary for the administration of this article and the flood resis- tant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this article; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the Supp. No. 23 flood carrying capacity of altered watercourses will be maintained; documentation related to ap- peals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this article and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City Hall. (Ord. No. 04-2014, § 3, 2-18-14) Part D. Permits Sec. 90-48. Permits required. Any owner or owner's authorized agent (here- inafter "applicant") who intends to undertake any development activity within the scope of this article, including buildings, structures and facili- ties exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator, and the building official if applicable, and shall obtain the required per- mit(s) and approval(s). No such permit or ap- proval shall be issued until compliance with the requirements of this article and all other applica- ble codes and regulations has been satisfied. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-49. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this article for any development activities not subject to the require- ments of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development permit or approval is required in addition to a building permit. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-50. Buildings, structures and facili- ties exempt from the Florida Building Code. Pursuant to the requirements of federal regu- lation for participation in the National Flood CD90:9 § 90-50 CAPE CANAVERAL CODE Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemp- tions provided by law, which are subject to the requirements of this article: (a) Railroads and ancillary facilities associ- ated with the railroad. (b) Nonresidential farm buildings on farms, as provided in F.S. § 604.50. (c) Temporary buildings or sheds used exclu- sively for construction purposes. (d) Mobile or modular structures used as temporary offices. (e) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity. (f) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Semi- nole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other tradi- tional materials, and that does not incor- porate any electrical, plumbing, or other non -wood features. (g) Family mausoleums not exceeding 250 square feet in area which are prefabri- cated and assembled on site or preas- sembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (h) Temporary housing provided by the de- partment of corrections to any prisoner in the state correctional system. (i) Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-51. Application for a permit or ap- proval. To obtain a floodplain development permit or approval the applicant shall first file an applica- tion in writing on a form furnished by the city. The information provided shall: (a) Identify and describe the development to be covered by the permit or approval. (b) Describe the land on which the proposed development is to be conducted by legal description, street address or similar de- scription that will readily identify and definitively locate the site. (c) Indicate the use and occupancy for which the proposed development is intended. (d) Be accompanied by a site plan or construc- tion documents as specified in part E of this division. (e) State the valuation of the proposed work. (f) Be signed by the applicant or the appli- cant's authorized agent. (g) Give such other data and information as required by the floodplain administrator. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-52. Validity of permit or approval. The issuance of a floodplain development per- mit or approval pursuant to this article shall not be construed to be a permit for, or approval of, any violation of this article, the Florida Building Codes, or any other ordinance of this city. The issuance of permits based on submitted applications, construc- tion documents, and information shall not pre- vent the floodplain administrator from requiring the correction of errors and omissions. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-53. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods Supp. No. 23 CD90:10 ,J D FLOODS § 90-56 of not more than 180 days each shall be requested Part E. Site Plans and Construction Documents in writing and justifiable cause shall be demon- strated. Sec. 90-56. Information for development in (Ord. No. 04-2014, § 3, 2-18-14) flood hazard areas. Sec. 90-54. Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development per- mit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this article or any other ordinance, regulation or requirement of the city. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-55. Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted develop- ment, including but not limited to the following: (a) The St. Johns River Water Management District; F.S. § 373.036. (b) Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065, and Chapter 64E-6, Flor- ida Administrative Code. (c) Florida Department of Environmental Pro- tection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; F.S. § 161.141. (d) Florida Department of Environmental Pro- tection for activities subject to the Joint Coastal Permit; F.S. § 161.055. (e) Florida Department of Environmental Pro- tection for activities that affect wetlands and alter surface water flows, in conjunc- tion with the U.S. Army Corps of Engi- neers; Section 404 of the Clean Water Act. (f) Federal permits and approvals. (Ord. No. 04-2014, § 3, 2-18-14) Supp. No. 23 The site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed develop- ment: CD90:11 (a) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if nec- essary for review of the proposed develop- ment. (b) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with section 90-57(b) and (c). (c) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with section 90-57(a). (d) Location of the proposed activity and pro- posed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be lo- cated landward of the reach of mean high tide. (e) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (f) Where the placement of fill is proposed, the amount, type, and source of fill mate- rial; compaction specifications; a descrip- tion of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (g) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction con- trol line, if applicable. § 90-56 CAPE CANAVERAL CODE (h) Extent of any proposed alteration of sand dunes or mangrove stands provided such alteration is approved by the Florida De- partment of Environmental Protection. (i) Existing and proposed alignment of any proposed alteration of a watercourse. The floodplain administrator is authorized to waive the submission of site plans, construc- tion documents, and other data that are re- quired by this article but that are not required to be prepared by a registered design profes- sional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascer- tain compliance with this article. (Ord. No. 04-2014, § 3, 2-18-14) cent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than three feet. (d) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsi- bility of the applicant to satisfy the sub- mittal requirements and pay the process- ing fees. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-58. Additional analyses and certifi- Sec. 90-57. Information in flood hazard ar- cations. eas without base flood eleva- As applicable to the location and nature of the tions (approximate Zone A). proposed development activity, and in addition to Where flood hazard areas are delineated on the the requirements of this part, the applicant shall FIRM and base flood elevation data have not been have the following analyses signed and sealed by provided, the floodplain administrator shall: a Florida licensed engineer for submission with (a) Require the applicant to include base flood the site plan and construction documents: elevation data prepared in accordance with (a) For development activities proposed to be currently accepted engineering practices. located in a regulatory floodway, a floodway (b) Obtain, review, and provide to applicants encroachment analysis that demonstrates base flood elevation and floodway data that the encroachment of the proposed available from a federal or state agency or development will not cause any increase other source or require the applicant to in base flood elevations; where the appli- obtain and use base flood elevation and cant proposes to undertake development floodway data available from a federal or activities that do increase base flood ele- state agency or other source. vations, the applicant shall submit such analysis to FEMA as specified in section (c) Where base flood elevation and floodway 90-59 and shall submit the Conditional data are not available from another source, Letter of Map Revision, if issued by FEMA, where the available data are deemed by with the site plan and construction docu- the floodplain administrator to not reason- ments. ably reflect flooding conditions, or where the available data are known to be scien- (b) For development activities proposed to be tifically or technically incorrect or other- located in a riverine flood hazard area for wise inadequate: which base flood elevations are included in the Flood Insurance Study or on the (1) Require the applicant to include base FIRM and floodways have not been desig- flood elevation data prepared in ac- nated, hydrologic and hydraulic analyses cneeri a with currently accepted en- that demonstrate that the cumulative ef- fect of the proposed development, when (2) Specify that the base flood elevation combined with all other existing and an - is three feet above the highest adja- ticipated flood hazard area encroach - Supp. No. 23 CD90:12 19 I W& FLOODS § 90-63 ments, will not increase the base flood elevation more than one foot at any point within the city. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (c) For alteration of a watercourse, an engi- neering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying ca- pacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered water- course shall be maintained in a manner which preserves the channel's flood -carry- ing capacity; the applicant shall submit the analysis to FEMA as specified in sec- tion 90-59. (d) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the pro- posed alteration will not increase the po- tential for flood damage. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-59. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analy- ses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such pur- poses. The analyses shall be prepared by a Flor- ida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. (Ord. No. 04-2014, § 3, 2-18-14) Part F. Inspections Sec. 90-60. General. Development for which a floodplain develop- ment permit or approval is required shall be subject to inspection. (Ord. No. 04-2014, § 3, 2-18-14) Supp. No. 23 Sec. 90-61. Development other than build- ings and structures. The floodplain administrator shall inspect all development to determine compliance with the requirements of this article and the conditions of issued floodplain development permits or approv- als. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-62. Buildings, structures and facili- ties exempt from the Florida Building Code. The floodplain administrator shall inspect build- ings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this article and the conditions of issued floodplain development per- mits or approvals. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-63. Buildings, structures and facili- ties exempt from the Florida Building Code, lowest floor in- spection. Upon placement of the lowest floor, including basement, and prior to further vertical construc- tion, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator: (a) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (b) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with section 90-57(c)(2), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the own- er's authorized agent. (Ord. No. 04-2014, § 3, 2-18-14) CD90:13 § 90-64 CAPE CANAVERAL. CODE Sec. 90-64. Buildings, structures and facili- ties exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator a final certification of elevation of the lowest floor or final documenta- tion of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in section 90-63. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-65. Manufactured homes. The building official shall inspect manufac- tured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this article and the conditions of the issued permit. Upon placement of a manufac- tured home, certification of the elevation of the lowest floor shall be submitted to the building official. (Ord. No. 04-2014, § 3, 2-18-14) Part G. Variances and Appeals Sec. 90-66. General. The construction board of adjustments and appeals shall hear and decide on requests for appeals and requests for variances from the strict application of this article. Pursuant to F.S. § 553.73(5), the construction board of adjustments and appeals shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-67. Appeals. The construction board of adjustments and appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforce- ment of this article. Every decision of the construc- tion board of adjustments and appeals shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-68. Limitations on authority to grant variances. The construction board of adjustments and appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 90-72, the conditions of issuance set forth in section 90-73, and the comments and recommendations of the floodplain administrator and the building official. The construction board of adjustments and appeals has the right to attach such condi- tions as it deems necessary to further the pur- poses and objectives of this article. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-69. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 90-58. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-70. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a his- toric building that is determined eligible for the exception to the flood resistant construction re- quirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improve- ment, or rehabilitation will not preclude the build- ing's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the build- ing's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. (Ord. No. 04-2014, § 3, 2-18-14) Supp. No. 23 CD90:14 D J D FLOODS § 90-73 Sec. 90-71. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement neces- sary for the conduct of a functionally dependent use, as defined in this article, provided the vari- ance meets the requirements of section 90-69, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 9042. Considerations for issuance of variances. In reviewing requests for variances, the con- struction board of adjustments and appeals shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Flor- ida Building Code, this article, and the following: (a) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed devel- opment, including contents, to flood dam- age and the effect of such damage on current and future owners; (d) The importance of the services provided by the proposed development to the city; (e) The availability of alternate locations for the proposed development that are sub- ject to lower risk of flooding or erosion; (f) The compatibility of the proposed devel- opment with existing and anticipated de- velopment; (g) The relationship of the proposed develop- ment to the comprehensive plan and flood- plain management program for the area; (h) The safety of access to the property in times of flooding for ordinary and emer- gency vehicles; (i) The expected heights, velocity, duration, rate of rise and debris and sediment trans - Supp. No. 23 port of the floodwaters and the effects of wave action, if applicable, expected at the site; and 0) The costs of providing governmental ser- vices during and after flood conditions including maintenance and repair of pub- lic utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-73. Conditions for issuance of vari- ances. C D90:15 Variances shall be issued only upon: (a) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this article or the required elevation standards; (b) Determination by the construction board of adjustments and appeals that: (1) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelop- able; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (2) The granting of a variance will not result in increased flood heights, ad- ditional threats to public safety, ex- traordinary public expense, nor cre- ate nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordi- nances; and (3) The variance is the minimum neces- sary, considering the flood hazard, to afford relief; (c) Receipt of a signed statement by the ap- plicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and § 90-73 CAPE CANAVERAL CODE (d) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the appli- cant for the variance, specifying the dif- ference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. (Ord. No. 04-2014, § 3, 2-18-14) Part H. Violations Sec. 90-74. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this article that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this article, shall be deemed a violation of this article. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compli- ance required by this article or the Florida Build- ing Code is presumed to be a violation until such time as that documentation is provided. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-75. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this article and that is determined to be a viola- tion, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-76. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. (Ord. No. 04-2014, § 3, 2-18-14) DIVISION 2. DEFINITIONS Sec. 90-77. Definitions. Unless otherwise expressly stated, the follow- ing words and terms shall, for the purposes of this article, have the meanings shown in this section. Where terms are not defined in this article and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Alteration of a watercourse. A dam, impound- ment, channel relocation, change in channel align- ment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, im- pede, retard or change the direction and/or veloc- ity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this article or a request for a variance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engi- neers, Reston, VA. Base flood. A flood having a 1 -percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.) The base flood is commonly referred to as the "100 -year flood" or the "1 -percent -annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the Na- tional Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.1 Supp. No. 23 CD90:16 D It PE FLOODS § 90-77 (WW D Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.1 Coastal construction control line. The line es- tablished by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the city, which defines that portion of the beach - dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special flood haz- ard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insur- ance Rate Maps (FIRM) as Zone Vl-V30, VE, or V. [Note: The FBC, B defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term "coastal high hazard areas."] Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.1 (1) Area with a floodplain subject to a 1 -per- cent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the city's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the city's legally desig- nated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. [Also defined in FBC, B, Section 1612.2.1 Development. Any man-made change to im- proved or unimproved real estate, including but not limited to, buildings or other structures, tanks, Supp. No. 23 temporary structures, temporary or permanent storage of equipment or materials, mining, dredg- ing, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excava- tion, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before September 29, 1972. [Also defined in FBC, B, Section 1612.2.1 Existing manufactured home park or subdivi- sion. A manufactured home park or subdivision for which the construction of facilities for servic- ing the lots on which the manufactured homes are to be affixed (including, at a minimum, the instal- lation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 29, 1972. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the Na- tional Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.1 (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage -resistant materials. Any construc- tion material capable of withstanding direct and prolonged contact with floodwaters without sus- taining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.] CD90:17 § 90-77 CAPE CANAVERAL CODE Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.1 (1) The area within a floodplain subject to a 1 -percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the city's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the city on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the city. [Also defined in FBC, B, Section 1612.2.1 Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.1 Floodplain administrator. The office or position designated and charged with the administration and enforcement of this article (may be referred to as the floodplain manager). Floodplain development permit or approval. An official document or certificate issued by the city, or other evidence of approval or concurrence, which authorizes performance of specific develop- ment activities that are located in flood hazard areas and that are determined to be compliant with this article. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. [Also defined in FBC, B, Section 1612.2.1 Floodway encroachment analysis. An engineer- ing analysis of the impact that a proposed en- croachment into a floodway is expected to have on the floodway boundaries and base flood eleva- tions; the evaluation shall be prepared by a qual- ified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Flor- ida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which can- not perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long- term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construc- tion next to the proposed walls or foundation of a structure. Historic structure. Any structure that is deter- mined eligible for the exception to the flood haz- ard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Build- ings. Letter of Map Change (LOMC). An official de- termination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Supp. No. 23 CD90:18 Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific prop- erty, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delinea- tions, and other planimetric features. Letter of Map Revision Based on Fill (LOMR- F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In D It D FLOODS order to qualify for this determination, the fill must have been permitted and placed in accor- dance with the city's floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other proj- ect complies with the minimum NFIP require- ments for such projects with respect to delin- eation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of trans- portation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood - resistant enclosure, other than a basement, us- able solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.1 Manufactured home. A structure, transport- able in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the re - Supp. No. 23 § 90-77 quired utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compul- sion to buy or sell and both having reasonable knowledge of relevant facts. As used in this arti- cle, the term refers to the market value of build- ings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent ap- praiser, actual cash value (replacement cost de- preciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser. New construction. For the purposes of admin- istration of this article and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construc- tion" commenced on or after September 29, 1972 and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installa- tion of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 29, 1972. Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to pro- vide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in F.S. § 320.01] Recreational vehicle. Avehicle, including a park trailer, which is: [See F.S. § 320.011 CD90:19 (1) Built on a single chassis; § 90-77 CAPE CANAVERAL CODE (2) Four hundred square feet or less when measured at the largest horizontal projec- tion; (3) Designed to be self-propelled or perma- nently towable by a light-duty truck; and (4) Designed primarily not for use as a per- manent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occurring accumula- tions of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 -percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al— A30, AE, A99, AH, V1—V30, VE or V. [Also defined in FBC, B Section 1612.2.1 Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilita- tion, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a build- ing (including a manufactured home) on a site, such as the pouring of slab or footings, the instal- lation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excava- tion for a basement, footings, piers, or founda- tions, the erection of temporary forms or the installation of accessory buildings such as ga- rages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimen- sions of the building. [Also defined in FBC, B Section 1612.2.1 Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also de- fined in FBC, B Section 1612.2.] Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a 10 -year period, the cumu- lative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the 10 -year period begins on the date of the first improvement or repair of that building or structure subsequent to April 9, 2002. If the structure has incurred "substantial dam- age," any repairs are considered substantial im- provement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.1 (1) Any project for improvement of a building required to correct existing health, sani- tary, or safety code violations identified by the building official and that are the min- imum necessary to assure safe living con- ditions. (2) Any alteration of a historic structure pro- vided the alteration will not preclude the structure's continued designation as a his- toric structure. Variance. A grant of relief from the require- ments of this article, or the flood resistant con- struction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this article or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. (Ord. No. 04-2014, § 3, 2-18-14) DIVISION 3. FLOOD RESISTANT DEVELOPMENT Part A. Buildings and Structures Sec. 90-78. Design and construction of build- ings, structures and facilities ex- empt from the Florida Building Code. Pursuant to section 90-50, buildings, struc- tures, and facilities that are exempt from the Supp. No. 23 CD90:20 D FLOODS § 90-82 Florida Building Code, including substantial im- provement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction require- ments of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the require- ments of part G of this division. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-79. Buildings and structures sea- ward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (a) Buildings and structures shall be de- signed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. (b) Minor structures and non -habitable ma- jor structures as defined in F.S. § 161.54, shall be designed and constructed to com- ply with the intent and applicable provi- sions of this article and ASCE 24. (Ord. No. 04-2014, § 3, 2-18-14) Part B. Subdivisions Sec. 90-80. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH Supp. No. 23 and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-81. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivi- sions, lies within a flood hazard area, the follow- ing shall be required: (a) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (b) Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations deter- mined in accordance with section 90-57(a) of this article; and (c) Compliance with the site improvement and utilities requirements of part C of this division. (Ord. No. 04-2014, § 3, 2-18-14) Part C. Site Improvements, Utilities and Limitations Sec. 90-82. Minimum requirements. All proposed new development shall be re- viewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. (Ord. No. 04-2014, § 3, 2-18-14) CD90:21 § 90-83 CAPE CANAVERAL CODE Sec. 90-83. Sanitary sewage facilities. All new and replacement sanitary sewage fa- cilities, private sewage treatment plants (includ- ing all pumping stations and collector systems), and on-site waste disposal systems shall be de- signed in accordance with the standards for onsite sewage treatment and disposal systems in Chap- ter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-84. Water supply facilities. All new and replacement water supply facili- ties shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-85. Limitations on sites in regula- tory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway en- croachment analysis required in section 90-58(a) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-86. Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protec- tion against flood -related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only); fill shall comply with the requirements of the Florida Building Code. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-87. Limitations on sites in coastal high hazard areas (zone v). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by section 90-58(d) demonstrates that the proposed altera- tion will not increase the potential for flood dam- age. Construction or restoration of dunes under or around elevated buildings and structures shall comply with section 90-109(c). (Ord. No. 04-2014, § 3, 2-18-14) Part D. Manufactured Homes Sec. 90-88. General. All manufactured homes installed in flood haz- ard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this article. If located seaward of the coastal construction con- trol line, all manufactured homes shall comply with the more restrictive of the applicable require- ments. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-89. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (a) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation require- ments of the Florida Building Code, Res- idential Section R322.2 and this article. (b) In coastal high hazard areas (Zone V), are designed in accordance with the founda- tion requirements of the Florida Building Code, Residential Section R322.3 and this article. (Ord. No. 04-2014, § 3, 2-18-14) Supp. No. 23 CD90:22 it it D FLOODS § 90-96 Sec. 90-90. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using meth- ods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchor- ing include, but are not limited to, use of over -the - top or frame ties to ground anchors. This anchor- ing requirement is in addition to applicable state and local anchoring requirements for wind resis- tance. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-91. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with sec- tion 90-92 or 90-93, as applicable. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-92. General elevation requirement. Unless subject to the requirements of section 90-93, all manufactured homes that are placed, replaced, or substantially improved on sites lo- cated: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-93. Elevation requirement for cer- tain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to section 90-92, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home Supp. No. 23 park or subdivision, unless on a site where sub- stantial damage as result of flooding has oc- curred, shall be elevated such that either the: (a) Bottom of the frame of the manufactured home is at or above the elevation re- quired, as applicable to the flood hazard area, in the Florida Building Code, Resi- dential Section R322.2 (Zone A) or Section R322.3 (Zone V); or (b) Bottom of the frame is supported by rein- forced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-94. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-95. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Resi- dential Section R322, as applicable to the flood hazard area. (Ord. No. 04-2014, § 3, 2-18-14) Part E. Recreational Vehicles and Park Trailers Sec. 90-96. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: CD90:23 (a) Be on the site for fewer than 180 consec- utive days; or (b) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and secu- § 90-96 CAPE CANAVERAL CODE rity devices, and has no permanent attach- movement during conditions of the design flood. ments such as additions, rooms, stairs, Tank -supporting structures shall meet the foun- decks and porches. dation requirements of the applicable flood haz- (Ord. No. 04-2014, § 3, 2-18-14) and area. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-97. Permanent placement. Recreational vehicles and park trailers that do Sec. 90-101. Tank inlets and vents. not meet the limitations in section 90-96 for Tank inlets, fill openings, outlets and vents temporary placement shall meet the require- t shall be: ments of part D of this division for manufactured required to address life safety and electric homes. (a) At or above the design flood elevation or (Ord. No. 04-2014, § 3, 2-18-14) fitted with covers designed to prevent the inflow of floodwater or outflow of the con - Part F. Tanks tents of the tanks during conditions of the design flood; and Sec. 90-98. Underground tanks. (b) Anchored to prevent lateral movement Underground tanks in flood hazard areas shall resulting from hydrodynamic and hydro - be anchored to prevent flotation, collapse or lat- static loads, including the effects of buoy- eral movement resulting from hydrodynamic and ancy, during conditions of the design flood. hydrostatic loads during conditions of the design (Ord. No. 04-2014, § 3, 2-18-14) flood, including the effects of buoyancy assuming the tank is empty. Part G. Other Development (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-99. Above -ground tanks, 'not ele- Sec. 90-102. General requirements for other vated. development. Above -ground tanks that do not meet the ele- vation requirements of section 90-100 shall: (a) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or other- wise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydro- static loads during conditions of the de- sign flood, including the effects of buoy- ancy assuming the tank is empty and the effects of flood -borne debris. (b) Not be permitted in coastal high hazard areas (Zone V). (Ord. No. 04-2014, § 3, 2-18-14) All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall: (a) Be located and constructed to minimize flood damage; (b) Meet the limitations of section 90-85 if located in a regulated floodway; (c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydro- static loads, including the effects of buoy- ancy, during conditions of the design flood; (d) Be constructed of flood damage -resistant materials; and Sec. 90-100. Above -ground tanks, elevated. (e) Have mechanical, plumbing, and electri- Above-ground tanks in flood hazard areas shall cal systems above the design flood eleva- be attached to and elevated to or above the design tion, except that minimum electric service flood elevation on a supporting structure that is required to address life safety and electric designed to prevent flotation, collapse or lateral code requirements is permitted below the Supp. No. 23 CD90:24 FLOODS § 90-107 design flood elevation provided it con- forms to the provisions of the electrical part of building code for wet locations. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-103. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 90-85. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-104. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 90-85. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-105. Roads and watercourse cross- ings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 90-85. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of section 90-58(c). (Ord. No. 04-2014, § 3, 2-18-14) (b) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (c) Have a maximum slab thickness of not more than four inches. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-107. Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and con- structed in compliance with the following: (a) A deck that is structurally attached to a building or structure shall have the bot- tom of the lowest horizontal structural member at or above the design flood ele- vation and any supporting members that extend below the design flood elevation shall comply with the foundation require- ments that apply to the building or struc- ture, which shall be designed to accommo- date any increased loads resulting from the attached deck. (b) Sec. 90-106. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and sim- ilar nonstructural uses in coastal high hazard areas (Zone (c) V)• In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to build- ings and structures provided the concrete slabs are designed and constructed to be: (a) Structurally independent of the founda- tion system of the building or structure; Supp. No. 23 CD90:25 A deck or patio that is located below the design flood elevation shall be structur- ally independent from buildings or struc- tures and their foundation systems, and shall be designed and constructed either to remain intact and in place during de- sign flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing struc- tural damage to the building or structure or to adjacent buildings and structures. A deck or patio that has a vertical thick- ness of more than 12 inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful di- version of floodwaters or wave run-up and wave reflection that would increase dam- age to the building or structure or to adjacent buildings and structures. § 90-107 CAPE CANAVERAL CODE (d) A deck or patio that has a vertical thick- ness of 12 inches or less and that is at natural grade or on nonstructural fill ma- terial that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be ap- proved without requiring analysis of the impact on diversion of floodwaters or wave run-up and wave reflection. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-108. Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development ac- tivities other than buildings and structures shall be permitted only if also authorized by the appro- priate federal, state or local authority; if located outside the footprint of, and not structurally at- tached to, buildings and structures; and if analy- ses prepared by qualified registered design pro- fessionals demonstrate no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (a) Bulkheads, seawalls, retaining walls, re- vetments, and similar erosion control struc- tures; (b) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood condi- tions less than the design flood or other- wise function to avoid obstruction of flood- waters; and (b) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified regis- tered design professional demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent build- ings and structures. (c) Where authorized by the Florida Depart- ment of Environmental Protection or ap- plicable local approval, sand dune con- struction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave run-up and wave re- flection if the scale and location of the dune work is consistent with local beach - dune morphology and the vertical clear- ance is maintained between the top of the sand dune and the lowest horizontal struc- tural member of the building. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-110. Reserved. ARTICLE III. RESERVED* (c) On-site sewage treatment and disposal Secs. 90-111-90-115. Reserved. systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. (Ord. No. 04-2014, § 3, 2-18-14) Sec. 90-109. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: (a) Minor grading and the placement of mi- nor quantities of nonstructural fill shall be permitted for landscaping and for drain- age purposes under and around buildings. *Editor's note—Ord. No. 04-2014, § 2, adopted Feb. 18, 2014, repealed Art. III, §§ 90-91-90-94, which pertained to floodplain protection and derived from Code 1981, §§ 668.01, 668.03, 668.05, 668.09; Ord. No. 10-93, § 1, adopted June 15, 1993. The user's attention is directed to § 90-26 et seq. Supp. No. 23 CD90:26 it it FLOODS § 90-116 ARTICLE IV. STORMWATER MANAGEMENT* DIVISION 1. GENERALLY Sec. 90-116. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Best management practice means a practice or combination of practices that are the most effec- tive, practical means of preventing or reducing the amount of pollution generated by a project to a level compatible with state water quality stan- dards found in chapters 17-3 and 17-4 of the Florida Administrative Code. Clearing means the removal of vegetation from land, not including the mowing of grass. Construction means any on-site activity which will result in the change of natural or existing drainage patterns, including alteration of existing contours, erection of buildings or other structures or land clearing. Control elevation means the lowest elevation at which water can be released through the dis- charge structure. Control structure means the element of stormwater discharge structure which allows the gradual release of water under regulated condi- tions. Detention means the gradual and controlled delay of stormwater runoff discharge into receiv- ing waters. Development means the construction, installa- tion, demolition or removal of a structure, imper- vious surface or drainage facility; clearing, scrap- ing, grubbing, killing or otherwise removing vegetation; adding, removing, exposing, excavat- ing, leveling, grading, digging, furrowing, dump - *Cross references—Code enforcement, § 2-246 et seq.; streets, sidewalks and other public places, ch. 66; streets, § 66-26 et seq.; excavations, § 66-61 et seq.; utilities, ch. 78; buildings and building regulations, ch. 82; subdivisions, ch. 98; waterways, ch. 106. Supp. No. 23 ing, piling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Direct discharge means discharge of stormwater through a control structure directly to the receiv- ing water body. Discharge means the outflow of water from a project, site, aquifer, drainage basin or facility. Discharge point means the approved point, location or structure where stormwater runoff discharges from a storm sewer or stormwater management system to a receiving conveyance facility or body of water. Discharge rate means the volume of fluid per unit of time leaving a site. Discharge structure means a structural device through or over which water is discharged from a stormwater management system, Dry detention means the temporary delay of stormwater runoff by a structure, for water quan- tity requirements, prior to discharge into the receiving water. Dry retention means a water storage area with a bottom elevation at least two feet or more above the wet season water table. Retention storage percolates into the ground and evaporates, in- stead of being discharged to receiving waters. Enforcement officer means the building official. Exfiltration means on-site retention of stormwater accomplished below ground. Hydrograph means a graph showing discharge over time for a selected outfall point or drainageway. Hydroperiod means the cyclical changes in the amount or stage of water in an aqueous habitat. Impervious surface means a surface which is highly resistant to infiltration by water. Indirect discharge means discharge of stormwater from a system by a means other than a control structure. Land means the earth that lies above mean high tide for land subject to tidal inundation and mean high water for freshwater bodies of water. CD90:27 § 90-116 CAPE CANAVERAL CODE Offline treatment means a treatment facility, such as retention, detention with filtration or wet detention, which receives the treatment volume only via a diversion structure; runoff in excess of the treatment volume bypasses the offline facility. Pervious means any material which is perme- able or capable of being easily penetrated by water. Predevelopment condition for stormwater run - of means topography, vegetation, rate, volume, direction and pollution load of surface water or groundwater flow existing prior to development. Project initiation means all acts antecedent to actual construction activities. Recharge means net downward percolation of water to an aquifer. Record drawings means the amended site plans specifying the locations, dimensions, elevations, capacities and capabilities of facilities as con- structed. Such drawings must be signed and sealed by a state -registered professional engineer and submitted to the city building department prior to project completion. Retention means to prevent stormwater runoff from leaving the project site and discharging into receiving waters. Retrofitting means improving the quality of stormwater runoff through changes in the exist- ing stormwater management system. Sediment facility means any structure or area which is designed to retain runoff until suspended sediments have settled. Site plan means the plan documents which show the means by which the development will conform with applicable city requirements. Spreader swale means a depression positioned parallel to the receiving water body which allows for indirect discharge of stormwater which is in excess of the retained or detained volume. Stormwater management plan means the de- tailed analysis which describes how the proposed stormwater management system for a develop- ment has been planned, designed and will be constructed to meet applicable city requirements. Stormwater management system means the designed features of a property which collect, convey, channel, hold, inhibit or divert the move- ment of stormwater to ensure its proper treat- ment and storage. Swale means a manmade depression which: (1) Has a minimum width to depth ratio at its top of 6:1; or a minimum side slopes horizontaVvertical ratio of 3:1; (2) Contains contiguous areas of standing or flowing water only following a rainfall event; (3) Is planted with or has stabilized vegeta- tion suitable for soil stabilization, stormwater treatment and nutrient up- take; and (4) Is designed to take into account the soil erodibility, soil percolation, slope, slope length and drainage area to prevent ero- sion and reduce pollutant concentration of any discharge. Vegetated buffer strip means an area retained in its natural state or replanted along the banks of watercourses, water bodies or wetlands. The width of the buffer should be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the water body and allow for periodic flooding without damage to structures. Water detention facility means a stormwater management facility which provides for the de- laying of stormwater runoff. Water retention facility means a stormwater management facility which, through percolation, evaporation or evapotranspiration, prevents di- rect discharge of stormwater runoff into receiving waters. Watercourse means any natural or artificial stream, creek, slough, channel, ditch, canal, wa- terway, gully, ravine or wash in which water flows in a definite direction and which has a definite physical channel, bed or banks. Wet detention means a stormwater manage- ment system that includes a permanent water Supp. No. 23 CD90:28 D it It FLOODS § 90-131 Qe D pool, a shallow littoral zone with aquatic plants and capacity to provide detention for the extended time needed to treat the required volume. Wet season water table means the groundwater level during the time of year when the greatest amount of rainfall occurs. Wetlands means those areas saturated by sur- face water or groundwater at a frequency and duration sufficient to support a dominance of vegetation adapted for saturated soil conditions as specified in the rules of the state department of environmental protection, chapter 17-3022. (Code 1981, § 664.03) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 90-117. Purpose and intent. This article addresses stormwater manage- ment in order to protect, maintain and enhance the health, safety and general welfare of the citizens of the city. The intent of this article is to protect surface water, groundwater and other natural resources by ensuring that stormwater runoff peak discharge rates, volumes and pollut- ant loadings are no greater after development than before and that precautions are taken to prevent erosion sedimentation, flooding and wa- ter pollution. (Code 1981, § 664.01) Sec. 90-118. Relationship to other stormwater management re- quirements. In addition to meeting the requirements of this article the design and performance of all stormwater management systems shall comply with applicable state regulations (chapter 17-25, Florida Administrative Code) and rules of the St. Johns River Water Management District. In all cases the strictest of applicable standards shall apply. (Code 1981, § 664.05) Sec. 90-119. Status of previous approvals. Projects with unexpired development plans or development orders which were approved prior to the effective date of the ordinance from which this Supp. No. 23 section is derived are not subject to this article; they must meet only those stormwater require- ments in effect at the time of project approval. (Code 1981, § 664.07) Sec. 90-120. Enforcement and penalties. This division shall be enforced pursuant to section 90-206 of this Code. (Code 1981, § 664.21; Ord. No. 08-2013, § 2, 7-16-13) Sec. 90-121. Variances. Upon request by any person required to obtain a permit under this article and where it may be shown that an increase or decrease in the rate, volume and quality of surface runoff shall not be harmful to the water resources of the city, the zoning board of adjustment may grant or deny a variance to this article as provided in section 110-62. City staff shall make recommendations on such matters within 30 days of notification. (Code 1981, § 664.23) Secs. 90-122-90-130. Reserved. DIVISION 2. PERMIT Sec. 90-131. Required. No person may subdivide or make any changes in the use of land or build or rebuild a structure or change its size, except as exempt in section 90- 132, without first obtaining a site development permit from the city building department as pro- vided in this Code. Since the following activities may alter or disrupt existing stormwater runoff patterns, they shall, unless exempt pursuant to section 90-132, require the issuance of a site development permit prior to onset by paying a fee as set forth in appendix B to this Code: CD90:29 (1) Clearance or drainage of land. (2) Conversion of land use from agricultural to nonagricultural. (3) Conversion from one agricultural use to another. (4) Land subdivision. § 90-131 CAPE CANAVERAL CODE (5) Replats of recorded subdivisions, and de- velopment of recorded and unrecorded. (6) Changing a land use, building a structure or changing the size of a structure. (7) Alteration of the shoreline or banks of a surface water body. (8) Alteration of ditches, terraces, berms, swales or other stormwater management facilities. (9) Increasing the impervious area of any unit of land. (10) Moving of earth from or on any unit of land. (11) Permanent lowering of a water table. (Code 1981, § 664.09; Ord. No. 08-2013, § 2, 7-16-13) Sec. 90-132. Exemptions. The following activities shall be exempt from the permitting requirements of section 90-131: (1) Maintenance performed on existing mos- quito control drainage structures, pro- vided that it does not increase the peak discharge rate or pollution load. (2) Maintenance of stormwater structures which does not change the design peak discharge rate, volume or pollution load of runoff; on-site storage capacity; or erosion from the site. (3) Single-family and duplex homes in a sub- division which has an approved stormwater management system. However, this does not exempt such sites from the retrofit- ting requirements in an approved retro- fitting target area. (4) Any development within a subdivision if all of the following conditions are met: a. Stormwater management provisions for the subdivision were previously approved by the city and remain valid as part of a final plat. b. The development is conducted in com- plete accord with the stormwater management provisions submitted with the final plat. (5) Bona fide agricultural pursuits, for which a program of best management practices has been approved and accordingly imple- mented by the local soil and water conser- vation district or the St. Johns River Water Management District. (6) Emergency exemptions in accordance with section 90-207. (Code 1981, § 664.11; Ord. No. 08-2013, § 2, 7-16-13) Sec. 90-133. Application—Plan required. An application for a stormwater permit shall contain a development plan with sufficient infor- mation to allow the city engineer to determine whether the development plan meets the require- ments of this article. Information may be in the form of construction plans, maps, graphs, charts, tables, photographs, narrative or supporting ref- erences, as appropriate. (Code 1981, § 664.17(A)) Sec. 90-134. Same—Information required. The following information shall be submitted as part of the development plan or application for a stormwater permit: Supp. No. 23 CD90:30 (1) Arecent aerial photograph taken not more than three years before the date of appli- cation, which encompasses the project area and all land areas that contribute to the runoff flow. The scale shall not exceed one inch equals 2,000 feet. (2) A topographic map of the site clearly showing the location, identification and elevation of benchmarks, including at least one benchmark for each major water con- trol structure. Unless otherwise approved by the city engineer, the minimum con- tour interval of the topography map shall be one foot. The map shall be signed and sealed by a registered surveyor. (3) A detailed overall project area map show- ing existing hydrography and runoff pat- terns and the size, location, topography and land use of any offsite areas that drain onto or from the project area. The .J K it (12) An erosion and sedimentation control plan that describes the type and location of control measures, the timing of their im- plementation and maintenance provi- sions in accordance with article V of this chapter. (13) The description, assumptions and calcu- lations of the proposed stormwater man- agement system, including: a. Channel, direction, flow rate and vol- ume of stormwater inputs and out- puts for the site, with a comparison to natural or existing conditions. b. Detention and retention areas, indi- cating wet or dry, including plans for the discharge of contained waters, maintenance plans and predictions of surface water quality changes. C. Areas of the site to be used or re- served for percolation, including an assessment of the impact on ground- water quality. (14) Storm sewer tabulations, including but not limited to the following: a. Locations and types of structures. 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. Supp. No. 23 CD90:31 FLOODS § 90-145 scale shall not exceed one inch equals 200 d. Location of all water bodies to be feet and shall be prepared on a 24 -inch by included in the surface water man - 36 -inch sheet. agement system (natural and artifi- (4) A current land use map. cial) with details of hydrography, side slopes, depths, cross sections and (5) A soils map of the site. water surface elevations and (6) Specify the seasonal high-water table and hydrographs. low-water table elevations. e. Any offsite easements required for (7) A map of vegetative cover, including adja- the proper functioning of the system. cent wetlands. f. Identify drainage basin or water - (8) A map showing the location of all soil shed boundaries and show where borings or percolation tests. Percolation offsite waters are routed onto or tests shall be conducted if the stormwater around the project. management system will use swales, per- colation filtration or exfiltration designs. g. Right-of-way and easements for the (9) A map showing the flood hazard classifi- system, including locations and a cation of the project site and its immedi- statement of the nature of the reser- ate environs. vation for all areas to be reserved. (10) Grading plans specifically including pe- h. The location of offsite water resource rimeter grading. facilities, such as surface water man - (11) Paving, road and building plans showing agement systems or wells that might the location, dimensions and specifica- be affected by the proposed project, tions of roads and buildings, including showing the names and addresses of elevations. the owners of the facilities. (12) An erosion and sedimentation control plan that describes the type and location of control measures, the timing of their im- plementation and maintenance provi- sions in accordance with article V of this chapter. (13) The description, assumptions and calcu- lations of the proposed stormwater man- agement system, including: a. Channel, direction, flow rate and vol- ume of stormwater inputs and out- puts for the site, with a comparison to natural or existing conditions. b. Detention and retention areas, indi- cating wet or dry, including plans for the discharge of contained waters, maintenance plans and predictions of surface water quality changes. C. Areas of the site to be used or re- served for percolation, including an assessment of the impact on ground- water quality. (14) Storm sewer tabulations, including but not limited to the following: a. Locations and types of structures. 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. Supp. No. 23 CD90:31 § 90-146 CAPE CANAVERAL CODE DIVISION 3. PERFORMANCE STANDARDS to prevent negative impacts on the watershed basin and natural systems according to the fol - Sec. 90-146. Computations. lowing: (1) Peak discharge. Computations for stormwater management a. The post -development peak rates of should consider the duration, frequency and in- tensity of rainfall, wet season water table, ante- discharge must not exceed the pre- cedent moisture conditions, soil type and surface development rate for the 25 -year, storage, time of concentration, tailwater condi- 24-hour and the five-year, 24-hour tions, changes in land use or land cover and any storms. changes in topography and hydraulic characteris- b. For retention basins with no positive tics. Large systems should be divided into sub- outfall, the 100 -year, 24-hour design basins according to artificial or natural drainage storm shall be used. divides to allow for more accurate hydraulic sim- C. For aggregate discharger where mul- ulations. Examples of acceptable methodologies tiple off-site discharges to the same for computation of runoff hydrograph are: Santa receiving water body are designed to Barbara Urban Hydrograph Method; Soil Conser- occur, the total post -development peak vation Service Curve Number and Unit Hydrograph discharge shall not exceed the total (TR -20 and TR -55); and U.S. Army Corps of pre -development level. Engineers HEC -1 Computer Program. The meth- odology to be used for computation of runoff for (2) Discharge volume. The post -development water quality requirements is the rational method. volume of direct runoff must not exceed (Code 1981, § 664.13) the pre -development level for a 25 -year, 24-hour storm event. For discharge to Sec. 90-147. Rainfall intensity. landlocked receiving water bodies, vol- ume requirements must be met for a In determining peak stormwater discharge rates, 25 -year, 96 -hour design storm. intensity of rainfall values shall be obtained (3) Floodplain storage and conveyance. through a statistical analysis of historical longterm a. Floodways and floodplains and lev- rainfall data or from sources or methods generally els of flood flows or velocities of wa- accepted as good engineering practice. Examples tercourses must not be altered so as of acceptable sources include the following: to adversely impact the off-site stor- (1) USDA Soil Conservation Service, Rainfall age or conveyance capabilities of the Frequency Atlas of Alabama, Florida, Geor- water resources. gia, and South Carolina for Duration from b. A stormwater management system 30 Minutes to 24 Hours and Return peri- shall not cause a net reduction in ods from 1 to 100 Years, January 1978, flood storage capacity within the 25 - Gainesville, Florida. year floodplain or floodplain bank. (2) U.S. Weather Bureau technical paper no. Such a system shall not encroach within the limits of a floodway ad - 49. opted by ordinance or cause a reduc- (3) U.S. Weather Bureau technical paper no. tion in the flood conveyance capabil- 40. ities of the 100 -year floodplain. (Code 1981, § 664.13(A)) (Code 1981, § 664.13(B)) Sec. 90-149. Water quality requirements. Sec. 90-148. Water quantity requirements. Stormwater management systems will be eval- All stormwater management systems will be uated based on the ability of the system to pre - evaluated on their ability to prevent flooding and vent degradation of receiving waters, to prevent Supp. No. 23 CD90:32 FLOODS § 90-161 adverse impacts on the site's natural systems, to surface or which are a potential source remove pollutants and to conform to state water of oil and grease contamination in quality standards, as set forth in chapters 17-3 concentrations exceeding applicable and 17-4, Florida Administrative Code. The fol- water quality standards shall in - lowing criteria are based on the principle that the clude a baffle, skimmer, grease trap first flush of runoff contains the majority of the or other mechanism suitable for pre - pollutants and that pollutant removal efficiencies venting oil and grease from leaving differ according to the method of stormwater the discharge facility in concentra- management and land use: tions that would contribute to viola - (1) Retention and wet detention requirements. tions of the water quality standards. Retention and wet detention in the over- (3) Credit for systems with inlets in grassed all system shall be provided for the first areas. Systems with inlets in grassed ar- flush removal of pollutants with one of the eas will be credited with up to 0.2 inches two following criteria or equivalent com- of the required wet detention amount for binations thereof: the contributing areas. Full credit will be a. Wet detention treatment volume shall based on an impervious area to pervious be the first inch of runoff' from the area ratio of 1:10, with proportional credit developed project and offsite areas granted for greater ratios. draining into the treatment facility (4) Area of special concern. All projects which or the total runoff of 2.5 inches times discharge directly into the Indian River the percentage of imperviousness, Lagoon or any watercourse connecting whichever is greater. No more than with the lagoon shall include an addi- one-half the volume may be dis- tional level of treatment equal to 50 per - charged in the first 60 hours. The cent of the regular treatment criteria, volume in the permanent pool must shall provide off-line treatment of the first provide for a residence time of at one-half inch of runoff' and shall utilize a least 14 days. A littoral shelf shall be trash collection device in the stormwater provided by extending and gently management system. sloping the sides of the facility (at (5) Single-family and duplex sites. Facilities least 6:1) out to a point two to three to accommodate only one single-family or feet below the normal water level or duplex unit, unless included in section control elevations. 90-132, shall provide on-site treatment b. Retention volume shall be provided equal to one-half inch of runoff over the equal to 50 percent of the amounts entire site. Prior to issuance of a building stated in subsection (1)a. of this sec- permit for such sites, a stormwater per - tion, computed for wet detention or mit must be approved by the building runoff from the first inch of rainfall, official. whichever is greater. The storage (Code 1981, § 664.13(C)) must be recovered within 72 hours following rainfall. Secs. 90-150-90-160. Reserved. (2) Intense land uses. DIVISION 4. DESIGN STANDARDS a. Commercial or industrial projects shall provide at least one-half inch of Sec. 90-161. Conformance to standards. pretreatment dry detention or reten- To comply with the performance standards in tion. division 3 of this article, any proposed stormwater b. Stormwater discharge facilities which management system shall conform to the design receive stormwater from areas with standards in this division. greater than 50 percent impervious (Code 1981, § 664.15) Supp. No. 23 CD90:33 § 90-162 CAPE CANAVERAL CODE Sec. 90-162. Detention and retention sys- tems. Detention and retention systems of the stormwater management system shall be de- signed in accordance with criteria determined by the city engineer. (Code 1981, § 66415(A)) Sec. 90-163. Best management practices. During construction of the stormwater manage- ment system, best management practices shall be used as necessary for onsite erosion and sediment control. These practices shall be designed by a competent professional experienced in soil conser- vation or sediment control. The practices shall be designed to address site-specific conditions and shall be noted on the stormwater management plans. The designer shall provide the contractor with instructions pertaining to the implementa- tion of these practices. (Code 1981, § 664.15(B)) Sec. 90-164. Compliance with county or city stormwater management mas- ter plan. In watershed areas covered by a stormwater management master plan adopted either by the county or the city, all proposed facilities must be consistent with that master plan. (Code 1981, § 664.15(C)) Sec. 90-165. Directing runoff. Runoff from impervious areas in the stormwater management system shall be directed to retention areas, detention devices or filtering and cleansing devices, and it shall be subject to best manage- ment practices prior to discharge from the project site. Where practical, swales should be used in- stead of curb and gutter. For projects which include substantial paved areas, provision shall be made for the removal of oil, grease and sedi- ment from the discharge. (Code 1981, § 664.15(D)) Sec. 90-166. Configurations creating stag- nant water conditions. Configurations which create stagnant water conditions, such as dead-end canals, are prohib- ited in the stormwater management system, re- gardless of the type of development. (Code 1981, § 664.15(E)) Sec. 90-167. Accommodation of stormwaters on-site and off-site. A proposed stormwater management system shall be designed to accommodate both the stormwater originating within the development and that which flows onto the development from off site. (Code 1981, § 664.15(F)) Sec. 90-168. Proper functioning. A proposed stormwater management system shall be designed to function properly, considering proper maintenance, for as long as stormwater impacts it. (Code 1981, § 664.15(G)) Sec. 90-169. Certification. Design and construction of a proposed stormwater management system shall be certi- fied as meeting the requirements of this article by a state registered professional engineer. (Code 1981, § 664.15(H)) Sec. 90-170. Surface water channeled into sanitary sewer. No surface water from the stormwater manage- ment system may be channeled or directed into a sanitary sewer. (Code 1981, § 664.15(I)) Sec. 90-171. Compatibility with adjacent drainage systems. A proposed stormwater management system shall be compatible with the drainage systems on adjacent properties or streets, taking into account the possibility that substandard systems may be improved in the future. The following coordina- tion mechanisms shall be explored: master drain- age plan for watershed subbasins, coordinated Supp. No. 23 CD90:34 9 FLOODS § 90-181 L, planned improvements with affected agencies and land owners and cooperative retrofitting pro- grams. (Code 1981, § 664.15(J)) Sec. 90-172. Banks of detention and reten- tion areas. Both dry and wet detention/retention areas may be used in the design of the city's stormwater management systems. The perimeter banks of either system shall have a slope no greater than 4:1; unless otherwise approved by the city engi- neer. For wet detention/retention basins, this slope shall extend at least two feet below the controlled water -level before becoming steeper. Underwater slopes shall not be greater than 2:1. (Code 1981, § 664.15(K); Ord. No. 06-2014, § 2, 6-17-14) Sec. 90-173. Alteration of natural surface wa- ters. Dredging, clearing, deepening, widening, straightening, stabilizing or otherwise altering natural surface waters shall be minimized in the overall drainage plan of the stormwater manage- ment system. (Code 1981, § 664.15(L)) Sec. 90-174. Configuration of shoreline of de- tention and retention areas. For aesthetic reasons and to increase shoreline habitat, the shoreline of detention and retention areas in the stormwater management system shall be sinuous, rather than straight. (Code 1981, § 664.15(M)) Sec. 90-175. Natural surface waters used as sediment traps. Natural surface waters shall not be used as sediment traps during or after development of the stormwater management system. (Code 1981, § 664.15(N)) Supp. No. 23 Sec. 90-176. Water reuse and conservation. Water reuse and conservation shall be pro- moted by incorporating the stormwater manage- ment system with any irrigation system serving a development. (Code 1981, § 664.15(0)) Sec. 90-177. Native vegetation buffers. Native vegetation buffers of sufficient width to prevent erosion shall be retained or created along the edges of all surface waters of the stormwater management system. (Code 1981, § 664.15(P)) Sec. 90-178. Phased developments. In phased developments the stormwater man- agement system for each phase shall be, at least temporarily, functionally independent. (Code 1981, § 664.15(Q)) Sec. 90-179. Notification of discharge vol- umes. The responsible person for stormwater dis- charge facilities constructed to accept stormwater from multiple parcels within the facilities drain- age area shall notify the city annually of the discharge volumes from all new parcels which have been allowed to discharge into the facility and shall certify that the maximum allowable treatment volume has not been exceeded. (Code 1981, § 664.15(R)) Sec. 90-180. Construction methods and ma- terials. Construction methods and materials of the stormwater management system shall meet the minimum criteria established in the building codes in chapter 82 of this Code or as determined by the city engineer and the state department of trans- portation, as appropriate. (Code 1981, § 664.15(S)) Sec. 90-181. Control elevation. The control elevation of the stormwater man- agement system must be above the wet season elevation of the receiving waters. (Code 1981, § 664.15(T)) CD90:35 § 90-182 Secs. 90-182-90-190. Reserved. DIVISION 5. MAINTENANCE Sec. 90-191. Dedication. CAPE CANAVERAL CODE If a stormwater management system approved under this article is to function as an integral part of the city -maintained system, as determined by the city engineer, the facilities should be dedi- cated to the city. (Code 1981, § 664.19(A)) Sec. 90-192. Maintenance by approved en- tity. (a) Acceptable responsible entities. An accept- able responsible entity which agrees to operate and maintain the surface water management system will be identified in the permit applica- tion. The entity must be provided with sufficient ownership rights to have control over all autho- rized management facilities. The following enti- ties are acceptable: (1) The city. (2) The St. Johns River Water Management District, a drainage district created by special act, or a special assessment dis- trict created pursuant to F.S. ch. 170. (3) A state or federal agency. (4) An official public utility. (5) A property owner or developer, subject to compliance with the following prior to issuance of a certificate of occupancy: a. Written proof that an acceptable en- tity, as set forth in subsections (a)(1) through (4) of this section will accept the operation and maintenance of the system at a time certain in the future; and/or b. Submission of a bond or other assur- ance of continued financial capabil- ity to operate and maintain the sys- tem. (6) For-profit or nonprofit corporations, in- cluding homeowners associations, prop- Supp. No. 23 CD90:36 erty owners associations, condominium owners associations or master associa- tions, but only if: a. The owner or developer submits doc- uments constituting legal capacity and a binding legal obligation be- tween the entity and the city to affirmatively take responsibility for the operation and maintenance of the stormwater management facil- ity. b. The association has sufficient pow- ers to: 1. Operate and maintain the sys- tem as permitted by the city. 2. Establish rules and regulations. 3. Assess members. 4. Contract for services. 5. Exist perpetually, with the ar- ticles of incorporation provid- ing that if the association is dissolved, the system will be maintained by an entity as set forth in subsections (a)(1) through (4) of this section. 6. Provide a bond or other assur- ance of continued financial ca- pacity to operate and maintain the system. (b) Phased projects. (1) If a project will be phased and subsequent phases will use the same stormwater man- agement facilities as the first phases, the operation and maintenance entity shall have the ability to handle the future phases. (2) In phased developments with an inte- grated stormwater management system that employs independent operation and maintenance entities for different phases, such entities, either individually or collec- tively, shall have the responsibility and authority to serve the entire project. That authority shall include cross easements for stormwater management, as well as the authority and ability of each entity to D 9 FLOODS § 90-200 Qe 666_� enter and maintain any facility should any other entity fail to maintain any portion of the system. (c) Applicant as acceptable entity. The appli- cant shall be an acceptable entity with responsi- bility for the operation and maintenance of the system from the onset of construction until the system is dedicated to and accepted by another acceptable entity. (Code 1981, § 664.19(B)) Sec. 90-193. Plan for operation and mainte- nance program. The acceptable entity must provide a plan for the operation and maintenance of the stormwater management system to the city building official every five years. The entity must also provide, prior to approval, legally binding written docu- mentation stating that the entity accepts the operation and maintenance duties for all stormwater management systems for which the entity is responsible. (Code 1981, § 664.19(C)) Sec. 90-194. Failure to maintain. If the responsible operation and maintenance entity fails to maintain a stormwater manage- ment system, the city building official shall give the entity written notice that corrective action should be taken. If the entity fails, within 30 days from the date of the notice, to take the corrective action, the city may elect to take the necessary corrective action and place a lien against the property to recover the cost thereof. (Code 1981, § 664.19(D)) Sec. 90-195. Inspections. The applicant shall arrange with the building official to schedule the following inspections of the stormwater management system: (1) Erosion and sediment control inspection. This inspection shall be conducted as deemed necessary by the city during and after construction to ensure effective con- trol of erosion and sedimentation. Control measures shall be installed and stabilized Supp. No. 23 between any waters and any areas pro- posed to be cleared prior to any land clearing activity. (2) Bury inspections. This inspection shall be conducted when all work on the stormwater management system facilities has been completed. A record drawing of the system is required with sufficient information to show that the system is built in accor- dance with the approved site plan and construction drawings as certified bya registered state professional engineer. The inspecting official shall either approve the work or disapprove it, in which case he shall give written notification to the ap- plicant indicating the nature of any defi- ciencies. Any portion of the work which does not comply shall be corrected by the permittee within the timeframe deemed reasonable by the city building official. Any failure to comply shall be subject to the penalty of section 90-120. A fee for inspections shall be as set forth in appen- dix B to this Code. (Code 1981, § 664.19(E)) Secs. 90-196-90-199. Reserved. ARTICLE V. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL Sec. 90-200. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Clearing means the removal of vegetation from land, not including the mowing of grass. Drainage way means any channel that conveys surface runoff throughout the site. Erosion control means a measure that prevents erosion. Erosion and sediment control plan means a set of plans prepared by or under the direction of a licensed professional engineer indicating the spe- CD90:37 § 90-200 CAPE CANAVERAL CODE cific measures and sequencing to be used to con- trol sediment and erosion on a development site during and after construction. Grading means excavation or fill of material, including the resulting conditions thereof. Land disturbing activity means activity associ- ated with construction including, but not limited to, land preparation such as clearing, grading and filling; installation of streets and walkways; exca- vation for basements, footings, piers or founda- tions; erection of temporary forms; and installa- tion of accessory buildings such as garages. Perimeter control means a barrier that pre- vents sediment from leaving a site by filtering sediment laden runoff or diverting it to a sedi- ment trap or basin. Phasing means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. Sediment control means measures that prevent eroded sediment from leaving the site. Site means a parcel of land or a contiguous combination thereof, where grading work is per- formed as a single unified operation. Site development permit means a permit issued by the City of Cape Canaveral for the construction or alteration of ground improvements and struc- tures for the control of erosion, runoff and grad- ing. Stabilization means the use of practices that prevent exposed soil from eroding. Start of construction means the first land - disturbing activity associated with a develop- ment, including land preparation such as clear- ing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages. Watercourse means natural or artificial stream, creek, slough, channel, ditch, canal, waterway, gully, ravine or wash in which water flows in a definite direction and which has a definite physi- cal channel, bed or banks. Waterway means a channel that directs surface runoff to a watercourse or to the public storm drain. Waste control means measures that prevent construction site waste from leaving the site. (Ord. No. 08-2013, § 2, 7-16-13) Sec. 90-201. Permits. (a) A site development permit is required for land -disturbing activity that would require the clearing of at least one acre of land. No site development permit shall be issued without the approval of an erosion and sediment control plan by the city as required by section 90-203. (b) No site development permit is required for the following activities: (1) Any emergency activity that is immedi- ately necessary for the protection of life, property or natural resources. (2) Existing nursery and agricultural opera- tions conducted as a permitted main or accessory use. (c) Each application shall bear the name(s) and address(es) of the owner(s) or developer(s) of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee. (d) Each application shall include a statement that any land clearing, construction or develop- ment involving the movement of earth shall be in accordance with the erosion and sediment control plan. (e) The applicant may be required to file with the city a faithful performance bond, letter of credit or other improvement security in an amount deemed sufficient by the city engineer to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the city and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. (Ord. No. 08-2013, § 2, 7-16-13) Supp. No. 23 CD90:38 D D FLOODS § 90-204 Sec. 90-202. Review and approval. An erosion and sediment control plan shall be reviewed and either approved or disapproved by (i) the building official or designee for land - disturbing activity that would otherwise require any permit to be obtained through the city or (ii) the city engineer for all other land -disturbing activity that does not otherwise require a permit to be obtained through the city. (Ord. No. 08-2013, § 2, 7-16-13) Sec. 90-203. Erosion and sediment control plan. (a) The erosion and sediment control plan shall include the following: (1) A natural resources map identifying soils, forest cover and resources protected un- der other chapters of this code. (2) A sequence of construction of the develop- ment site, including stripping and clear- ing; rough grading; construction of utili- ties, infrastructure and buildings; and final grading and landscaping. Sequenc- ing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of tempo- rary erosion and sediment control mea- sures, and establishment of permanent vegetation. (3) All erosion and sediment control mea- sures necessary to meet the objectives of this article throughout all phases of con- struction and after completion of develop- ment of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required. (b) Modifications to the plan shall be processed and approved or disapproved in the same manner as set forth in section 90-202, and may be autho- rized by the city by written authorization to the permittee. Modification applications shall in- clude: (1) Major amendments of the erosion and sediment control plan submitted to the city as appropriate; and (2) Field modifications of a minor nature. (Ord. No. 08-2013, § 2, 7-16-13) Sec. 90-204. Design requirements. (a) Clearing and grading of natural resources, such as forests and wetlands, shall not be permit- ted except when in compliance with all other chapters of this code. Clearing techniques that retain natural vegetation and drainage patterns shall be used to the satisfaction of the city. (b) Clearing, except that necessary to estab- lish sediment control devices, shall not begin until all sediment control devices have been in- stalled and have been stabilized. (c) Erosion control requirements shall include, but are not limited to, the following: (1) Soil stabilization shall be completed as quickly as practical after clearing or inac- tivity in construction; (2) If seeding or another vegetative erosion control method is used, it shall become established as quickly as practical or the city may require the site to be reseeded or a nonvegetative option employed; and (3) Techniques that divert upland runoff past disturbed slopes shall be employed. (d) Sediment control requirements shall in- clude, but are not limited to, the following: Supp. No. 23 CD90:39 (1) Settling basins, sediment traps or tanks and perimeter controls; (2) Sediment barriers for any component of the MS4 system located immediately out- side of the perimeter of the site, such as, for example, inlets, catch basins, grates, ditches or swales; (3) Settling basins that are designed in a manner that allows adaptation to provide long term stormwater management, if re- quired by the city; and (4) Protection for adjacent properties by the use of a vegetated buffer strip in combi- nation with perimeter controls. § 90-204 CAPE CANAVERAL CODE V (e) Waterway and watercourse protection re- bearing the approval of the city, as applicable, quirements shall include, but are not limited to, shall be maintained at the site during the prog- the following: ress of the work. To obtain inspections, the per - (1) Stabilization of the watercourse channel mittee shall notify the city, as applicable, at least before, during and after any in -channel one working day before the following: work; and (1) Installation of sediment and erosion mea - (2) Stabilization adequate to prevent erosion sures; located at the outlets of all pipes and (2) Start of construction; paved channels. (3) Completion of site clearing; (f) Construction site access requirements shall (4) Completion of rough grading; include, but are not limited to, the following: (5) Completion of final grading; and (1) A temporary access road provided at all sites; and (6) Completion of final landscaping. (2) Other measures required by the city in (b) The permittee or his/her agent shall make order to ensure that sediment is not tracked regular inspections of all control measures in onto public streets by construction vehi- accordance with the inspection schedule outlined cles or washed into storm drains. on the approved erosion and sediment control plan(s). The purpose of such inspections will be to (g) Construction site waste control require- determine the overall effectiveness of the control ments shall include, but are not limited to, the plan and the need for additional control mea - following: sures. (1) Designation of a collection area on-site (c) The city shall have the authority to enter that does not receive a substantial amount the property of the applicant as deemed necessary of runoff from upland areas and does not to make regular inspections. drain directly to a water body; (Ord. No. 08-2013, § 2, 7-16-13) (2) Provision of waste containers with lids that shall be covered during periods of Sec. 90-206. Enforcement, inspections and rain; penalties. (3) Scheduled waste collection to prevent waste The following enforcement options shall be containers from overfilling; available to address violations of this article, each (4) Provision of extra containers and more of which shall be non-exclusive: frequent waste pickups during the demo- (a) Code enforcement. The city may pursue lition phase of construction; and violations of this article through the code (5) Collection, removal and disposal of all enforcement proceedings set forth in Chap - construction site wastes at authorized dis- ter 2, Article VI, Division 2 of this Code. posal areas. (b) Stop -work order; revocation of permit. The (Ord. No. 08-2013, § 2, 7-16-13) city may suspend or revoke a site devel- opment permit in the event that a permit - Sec. 90-205. Inspection. holder violates this article, or the terms of (a) The city, as applicable pursuant to section the permit, or implements site develop- 90-203, shall make inspections as hereinafter ment in such a manner as to materially required and either shall approve that portion of adversely affect the public health, welfare the work completed or shall notify the permittee or safety. wherein the work fails to comply with the erosion (c) Code enforcement officer investigations. City and sediment control plan as approved. Plans for code enforcement officers shall be granted grading, stripping, excavating and filling work access to inspect property for compliance Supp. No. 23 CD90:40 FLOODS § 90-207 with this article. Violations of the terms and conditions of a site development per- mit that are consistent with this article shall also be deemed to be violations of this article. Each day of violation shall constitute a separate violation. (d) Civil citations. In addition to all other remedies, a person who has been deter- mined to have violated a provision of this article may be subject to a civil citation as specified in section 2-283 of this Code. (e) Penalties. In addition to any other penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provisions of this article shall be required to bear the ex- pense of restoration, including but not limited to, the costs of investigation and testing. (Ord. No. 08-2013, § 2, 7-16-13) Sec. 90-207. Emergency exemption. (a) This article shall not be construed to pre- ce clude the doing of any act necessary to prevent material harm to or destruction of real or per- sonal property as a result of a present emergency or when the property is in imminent peril and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection of the property. (b) A report of any such emergency action shall be made to the city by the permit holder as soon as practicable, but no more than ten days follow- ing such action. Remedial action may be required by the city subject to appeal to the city council in the event of dispute. (Ord. No. 08-2013, § 2, 7-16-13) Supp. No. 23 CD90:41 This page is intentionally left blank 24 Chapter 92 FERTILIZER LAND APPLICATION Sec. 92-1. Short title; purpose and objectives. Sec. 92-2. Definitions. Sec, 92-3. Applicability. Sec. 92-4. Responsibility for administration. Sec. 92-5. Timing of fertilizer application. Sec. 92-6. Fertilizer free zone. Sec. 92-7. Low maintenance zone. Sec. 92-8. Fertilizer content and application rates. Sec. 92-9. Application practices. Sec. 92-10. Management of grass clippings and vegetative matter. Sec. 92-11. Exemptions. Sec. 92-12. Training. Sec. 92-13. Commercial and institutional applicators. Sec. 92-14. Enforcement and monitoring. Sec. 92-15. Appeals. Supp. No. 23 CD92:1 This page is intentionally left blank D 31 FERTILIZER LAND APPLICATION § 92-2 Sec. 92-1. Short title; purpose and objec- tives. This chapter regulates and promotes the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited applica- tion period; specifies allowable fertilizer applica- tion rates and methods; fertilizer -free zones; low maintenance zones; and exemptions. This chapter requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative en- vironmental effects associated with the misuse of fertilizers. These secondary and cumulative ef- fects have been observed in and on the City of Cape Canaveral's natural and constructed stormwater conveyances and surface waters. Col- lectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of City of Cape Canaveral residents and the health of the public. Over- growth of algae and vegetation hinder the effec- tiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regu- lation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-2. Definitions. As used in this chapter, the following terms, phrases, words and their derivations shall have the following meanings: Administrator means city manager or designee authorized to administer and enforce the provi- sions of this chapter. Application or apply means the actual physical deposit of fertilizer to turf, specialized turf, or landscape plants. Applicator means any person who applies fer- tilizer on turf and/or landscape plants in the City of Cape Canaveral. Best Management Practices (BMPs) include schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, mainte- Supp. No. 23 nance procedures and other management prac- tices to prevent or reduce the discharge of pollut- ants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating proce- dures and practices to control site runoff, spillage or leaks, sludge/water disposal or drainage from raw materials storage. Best Management Practices Training Program means a training program approved pursuant to F.S. § 403.9338, or any more stringent require- ments set forth in this chapter that include the most current version of the Florida Department of Environmental Protection's "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised, and approved by the administrator. Board means the City Council of the City of Cape Canaveral, Brevard County, Florida. Code enforcement officer, official, or inspector means any designated employee or agent of the City of Cape Canaveral whose duty it is to enforce codes and ordinances enacted by the City of Cape Canaveral. Commercial fertilizer applicator, except as pro- vided in F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consider- ation to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants. Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capa- bility claimed to be present in a fertilizer. Institutional applicator means any person, other than a private, non-commercial or a commercial applicator (unless such definitions also apply un- der the circumstances), that applies fertilizer for CD92:3 § 92-2 CAPE CANAVERAL CODE the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, reli- gious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf). Low maintenance zone means an area a mini- mum of ten feet wide adjacent to surface waters which is planted and managed in order to mini- mize the need for fertilization, watering, mowing, etc. Person means any individual, association, or- ganization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Prohibited application period means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurri- cane Watch or Warning is in effect for any portion of Brevard County, issued by the National Weather Service, or if heavy rain is likely. Restricted application period means June 1 to September 30. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, soils shall be considered saturated if standing water is pres- ent or the pressure of a person standing on the soil causes the release of free water. Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. Surface waters as defined by the Florida De- partment of Environmental Protection (Chapter 62-340, Florida Administrative Code) means wa- ters on the surface of the earth, contained in bounds created naturally or artificially, including, the Atlantic Ocean, bays, bayous, sounds, estuar- ies, lagoons, lakes, ponds, impoundments, rivers, streams, springs, creeks, branches, sloughs, trib- utaries, canals, and ditches. Turf, sod, or lawn means a piece of grass - covered soil held together by the roots of the grass. Urban landscape means pervious areas on res- idential, commercial, industrial, institutional, high- way rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in F.S. § 570.02. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-3. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the incor- porated areas of the City of Cape Canaveral, Brevard County, unless such applicator is specif- ically exempted by the terms of this chapter from the regulatory provisions of this chapter. This chapter shall be prospective only, and shall not impair any existing contracts. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-4. Responsibility for administration. The stormwater utility director or designee shall administer, implement and enforce the pro- visions of this chapter. Any powers granted or duties imposed upon the stormwater utility direc- tor or designee may be delegated in writing by the city manager to persons or entities acting in the beneficial interest of or in the employ of the city. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-5. Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or .phosphorus to turf and/or land- scape plants during the prohibited application period, or to saturated soils. In addition, fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape plants during the restricted application period, defined as June 1 to September 30. (Ord. No. 17-2013, § 2, 1-21-14) Supp. No. 23 CD92:4 D 19 19 24 FERTILIZER LAND APPLICATION § 92-9 Sec. 92-6. Fertilizer free zone. (a) Fertilizer shall not be applied within ten feet of any surface waters, pond, stream, water- course, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or within ten feet from the top of a seawall. Newly planted turf and/or landscape plants may be fer- tilized in this zone for a 60 -day period beginning 30 days after planting if needed to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. The requirements of section 92-5 above also apply to newly planted turf and land- scape plants. (b) A voluntary fertilizer free zone of ten feet shall be encouraged, through educational out- reach, on each side of a street without stormwater retention that drain directly to the Banana River Lagoon. (c) Planting native vegetation that does not require mowing or fertilization along the shore- line of the Banana River Lagoon shall be encour- aged. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-7. Low maintenance zone. A voluntary ten foot low maintenance zone is strongly recommended, but not mandated, from any surface waters, pond, stream, watercourse, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installa- tion at the landward edge of this low maintenance zone to capture and filter runoff. No mowed or cut vegetative material should be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-8. Fertilizer content and applica- tion rates. (a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in the City of Cape Canaveral unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food and Agriculture Sciences, ap- Supp. No. 23 proved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in ac- cordance with the rates and directions provided by Rule 5E-1.003, Florida Administrative Code. Deficiency verification shall be no more than two years old. However, recent application of compost, manure, or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within City of Cape Canaveral shall contain at least 50 percent slow release nitrogen per guaranteed analysis label. (c) Fertilizers applied to turf within City of Cape Canaveral shall be applied at rates that are in accordance with requirements and directions provided by Rule 5E-1.003, Florida Administra- tive Code, Labeling Requirements For Urban Turf Fertilizers. (d) Fertilizer containing nitrogen or phospho- rus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro - seeding for temporary or permanent erosion con- trol in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Pre- vention Plan for that site. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-9. Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. De- flectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones, surface waters and water bodies, including wetlands. (b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any imper- vious surface shall be immediately and com- pletely removed to the greatest extent practicable and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. CD92:5 § 92-9 CAPE CANAVERAL CODE (d) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-10. Management of grass clippings and vegetative matter. In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into surface waters, stormwater drains, ditches, conveyances, watercourses, water bodies, wetlands, sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-11. Exemptions. The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14; (b) any lands used for scientific research sup- ported by an accredited institution of higher learning or a government entity, includ- ing, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture; (c) Reclaimed or irrigation quality (IQ) water used for irrigation (which may contain nitrogen and/or phosphorous); however, this shall only apply to water use and individual properties are subject to all other provisions of this chapter that re- late to fertilizer use; (d) Athletic fields at public parks and school facilities that apply the concepts and prin- ciples embodied in the Florida Green BMPs, while maintaining the health and func- tion of their specialized turf areas. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-12. Training. (a) Prior to January 1, 2014, all commercial and institutional applicators of fertilizer within the City of Cape Canaveral, shall abide by and successfully complete the six -hour training pro- gram in the "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Depart- ment of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes" program, or an approved equivalent. (b) Private, non-commercial applicators are en- couraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertiliz- ers. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-13. Commercial and institutional ap- plicators. (a) After December 31, 2013, all commercial applicators of fertilizer within the City of Cape Canaveral, shall abide by and have successfully completed training and continuing education re- quirements in the "Florida -Friendly Best Manage- ment Practices for Protection of Water Resources by the Green Industries", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida -Friendly Landscapes" program, or an approved equivalent program, prior to obtaining a business tax receipt for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial fertilizer applicators shall provide proof of completion of the program to the Brevard County's Tax Collector's office upon application or renewal of business tax receipt. (b) After December 31, 2013, all commercial applicators of fertilizer within the incorporated area of City of Cape Canaveral, shall have and carry in their possession at all times when apply- ing fertilizer, evidence of certification by the Flor- ida Department of Agriculture and Consumer Services as a commercial fertilizer applicator pur- suant to Rule 5E-14.117(18), Florida Administra- tive Code. (c) Institutional applicators who apply fertil- izer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi -family and con- dominium properties) must ensure that at least one employee has a "Florida -Friendly Best Man - Supp. No. 23 CD92:6 It D FERTILIZER LAND APPLICATION § 92-15 agement Practices for Protection of Water Re- sources by the Green Industries" training certifi- cate prior to the business owner obtaining a business tax receipt. Owners for any category of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the city. (d) All provisions of this chapter shall apply to City of Cape Canaveral owned property unless exempt under section 92-11. (Ord. No. 17-2013, § 2, 1-21-14) Sec. 92-14. Enforcement and monitoring. (a) Violations of this chapter may be subject to civil citation pursuant to Chapter 2, Article VI, Division 3 of this Code. (b) The provisions of this chapter may also be enforceable by proceedings before the City of Cape Canaveral Code Enforcement Board, or by suit for prohibitory or mandatory injunctive re- lief, or by any other lawful remedy existing at law or in equity for the enforcement of municipal ordinances. Funds generated by penalties im- Qe posed under this chapter shall be used by the City of Cape Canaveral for the administration and enforcement of F.S. § 403.9337, and the corre- sponding sections of this chapter, and to further water conservation and nonpoint pollution pre- vention activities. (Ord. No. 17-2013, § 2, 1-21-14) See. 92-15. Appeals. Appeals relating to any administrative deci- sion or determination concerning implementation or application of the provisions of this division shall be filed in writing within 30 calendar days after the decision is rendered by the administra- tor. Requests for appeals will be considered by the city manager. (Ord. No. 17-2013, § 2, 1-21-14) Supp. No. 23 CD92:7 This page is intentionally left blank D Chapter 93 RESERVED Supp. No. 23 CD93:1 This page is intentionally left blank Chapter 94 SIGNS* Article I. In General Sec. 94-1. Definitions. Sec. 94-2. Purpose and scope. Sec. 94-3. Administrator. Sec. 94-4. Exemptions. Sec. 94-5. Penalty for violation. Sec. 94-6. Prohibited signs and features. Sec. 94-7. Conformance. Sec. 94-8. Identification. Sec. 94-9. Wind pressure and dead load. Sec. 94-10. Maintenance, notice to repair. Secs. 94-11-94-30. Reserved. Article U. Permits and Inspections Article III. Size, Location and Construction Division 1. Generally Sec. 94-61. Restrictions on placement. Sec. 94-62. Abandoned and hazardous signs. Sec. 94-63. Lighting. Sec. 94-64. Criteria and standards for measurement and placement. Sec. 94-65. Aesthetic requirements of signs. Secs. 94-66-94-75. Reserved. Division 2. Types of Signs Sec. Sec. 94-31. Permit required. Sec. Sec. 94-32. Application for permit; review time limits. Sec. Sec. 94-33. Issuance of permit. Sec. Sec. 94-34. Revocation of permit. Sec. Sec. 94-35. Fees. Sec. Sec. 94-36. Inspection by administrator. Sec. Sec. 94-37. Notice for inspections. Sec. Secs. 94-38-94-60. Reserved. Article III. Size, Location and Construction Division 1. Generally Sec. 94-61. Restrictions on placement. Sec. 94-62. Abandoned and hazardous signs. Sec. 94-63. Lighting. Sec. 94-64. Criteria and standards for measurement and placement. Sec. 94-65. Aesthetic requirements of signs. Secs. 94-66-94-75. Reserved. Division 2. Types of Signs Sec. 94-76. Temporary on -premises signs. Sec. 94-77. Emergency response system. Sec. 94-78. Electronic signs. Sec. 94-79. Projecting signs. Sec. 94-80. Off -premises signs. Sec. 94-81. Temporary off -premises signs. Sec. 94-82. Awnings and canopies. Sec. 94-83. Home occupation signs. Sec. 94-84. Ground signs. Sec. 94-85. Variances. Secs. 94-86-94-95. Reserved. *Editor's note Ord. No. 05-2009, §§ 2, 3, adopted Sept. 15, 2009, amended ch. 94 in its entirety and enacted similar provisions as set out herein. The former ch. 94 derived from Ord. No. 8-00, § 1, adopted July 18, 2000. Cross references -Code enforcement, § 2-246 et seq.; businesses, ch. 16; requirements for sign appearance and maintenance, § 34-100; lighting regulations, § 34-206 et seq.; planning, ch. 58. Supp. No. 23 CD94:1 CAPE CANAVERAL CODE Division 3. District Regulations Sec. 94-96. R-1 low density residential district. Sec. 94-97. R-2 medium density residential district. Sec. 94-98. R-3 medium density residential district. Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufactur- ing district and M-1 light industrial and research and develop- ment district. Sec. 94-100. Shopping center or multitenant center in any district. Secs. 94-101-94-104. Reserved. Sec. 94-105. Enforcement. Secs. 94-106-94-109 Reserved. Sec. 94-110. Implied consent. Secs. 94-111-94-114. Reserved, Sec. 94-115. Viewpoint neutral. Secs. 94-116-94-119. Reserved. Sec. 94-120. Severability. Article IV. Nonconforming Signs Sec. 94-121. Nonconforming signs. Sec. 94-122. Exceptions and appeals. 9 Supp. No. 23 CD94:2 SIGNS § 94-1 ARTICLE I. IN GENERAL Sec. 94-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accent lighting means any method of external illumination that is intended to draw attention to an integral decorative or architectural feature of the building and not connected or giving the appearance of any connection to the overall signage of the project. Accent lighting shall be reviewed in accordance with article III of chapter 22 of this Code. Air -inflated devices means attention -getting de- vices that are inflated with lighter -than -air gas or are supplied inflation from a blower or fan that, when energized, keep the device erect. Animated or flashing sign means any sign which uses lights that flash or alternate or which includes action, motion or illusion of motion, designed electronically, usually to give messages by means of slight progressive changes. This definition shall also include signs with rotating panels, generally referred to as tri -vision signs. Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a roof -like structure and is supported entirely by the building without the use of ground supports. Bag sign means any temporary sign made of cloth or other materials designed to fit over an existing sign or structure because the copy area is in the process of being changed or repaired due to damage. Balloon display is any balloon anchored on private property for the purpose of advertise- ment. Banner sign means any sign having the char- acters, letters, illustrations or ornamentation ap- plied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather signs, flags and pennants (which do not comply with the Supp. No. 23 definition of flag or pennant under this chapter) but excluding government flags for the purposes of this chapter, designated to attract attention. Bulletin board means any permanent sign, not to exceed six feet, attached to a building, and generally located at a store entrance, for purposes such as posting notices, menus, and other infor- mation, with removable letters, words, numerals, and copy material in a non -electronic manner. Canopy means any structure other than an awning, made of fire-resistant cloth, wood, metal or plastic with or without metal or wood frames, attached or detached and supported, in part, or entirely, by the ground. Code enforcement board means a board estab- lished in section 2-256 et seq. to enforce this Code. Community appearance board means a board established in section 22-36 et seq. Construction board of adjustment means a board established in section 82-32. Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line, enclosing the extreme limits of the sign, including all ornamental attachments, insignias, symbols, logos, trademarks, interconnecting links and the like, and any stripe, frame or border. Sign area does not include the main support structure of the sign unless used for sign display purposes. The calculation for a double-faced sign shall be the area of one face only. The calculation for wall signs, if permitted hereunder, comprises individ- ual letters, numbers, symbols and the like, where the exterior wall of the building upon which it is affixed acts as the background of the sign, shall be calculated within the smallest regular geometric figure needed to encompass the sign display. Dilapidated sign. shall mean a sign including its structure that is damaged, deteriorated, de- faced, abandoned, in a state of disrepair, or illeg- ible. Digital electronic sign. See Electronic messag- ing sign. Discontinued sign shall mean any sign located on real property which has been vacant and unoccupied for a period of 90 days or more; or any CD94:3 § 94-1 CAPE CANAVERAL CODE sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. Such sign (face and/or structure) shall be considered non- conforming in accordance with article IV of this chapter. Edge of pavement shall mean the hard -sur- faced (e.g. asphalt, concrete, macadam, marl, pav- ers, etc.) edge of an existing street in the right-of- way excluding the curbing. Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an elec- trified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent into various letters, designs and shapes. Electronic messaging signs shall mean a sign on which the copy changes automatically by elec- tronic means. Erect means to build, construct, raise, assem- ble, create, paint, draw, attach, hang, place, sus- pend, affix, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an inci- dent to the customary maintenance or repair of a sign. Exempt sign means signs exempted from nor- mal permit requirements. Flag or pennant means the flying of individual national, state, county, city or flags of political national origin attached to a freestanding pole, mounted on the ground or to flags attached to the facade of a structure, limited to five in number, provided such flags shall not be used in such a way to attract attention of the public for commer- cial purposes. Flags larger than three feet by five feet shall be considered signs and shall be calcu- lated as part of the maximum square footage and maximum number of signs. Frontage means that portion of a lot or parcel abutting a street right-of-way. For corner lots or parcels abutting two or more street rights-of-way, frontage shall be measured only along the dedi- cated street right-of-way facing the primary en- trance of the principal building located on the lot or parcel. Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are placed in or upon the ground. Ground signs in- clude pole, pylon, and monument signs. Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or can- opy. Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detri- ment to traffic safety by reason of its size, loca- tion, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic -control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is prohib- ited. Any sign which by glare or method of illumi- nation constitutes a hazard to traffic is prohib- ited. Any sign which displays or incorporates into the graphic display any depiction or simulation identical to or similar to those used for officially recognized traffic signalization, direction or con- trol shall be prohibited. Marquee sign means a projecting sign attached to or hung from a marquee or such marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line. Monument sign shall mean a ground sign which is free standing, supported solely by its own ground -mounted base and which is not attached or fixed in any way to a building, fence or other structure, provided that the ground mounted base is substantially equal to or greater than 50 per- cent the horizontal dimension of the sign face including any cabinet or any structure within which the sign face is located and not greater than ten feet in height. Two examples of a monu- ment sign are as follows: Supp. No. 23 CD94:4 It D SIGNS § 94-1 L, 31 CC'S•J1 pPY1AFA X mPYARPA Noncombustible material means a material, which, in the form and thickness in which it is used, meets any of the following: (1) Materials which pass the test procedures for defining noncombustibility of elemen- tary materials set forth in ASTM E136; or (2) Materials having a structural base of non- combustible materials as stated in subsec- tion (1), with a surfacing not more than one-eighth inch thick, which has a flame - spread rating not greater than 50 when tested in accordance with the method of test for surface burning characteristics of building materials set forth in ASTM E84. Nonconforming sign means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applica- ble sections and restrictions of this chapter or any other applicable provision of the city Code, or a nonconforming sign for which a special permit has been issued. Obscene sign is a sign deemed obscene under the Florida or United States Constitutions. Supp. No. 23 Off-site or off` -premises sign means a sign iden- tifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is located. Signs commonly referred to as billboards shall be considered off -premises signs. On-site or on -premises sign means a sign: (1) Identifying an activity conducted or prod- ucts or services available on the premises where the sign is located, or (2) Displaying a noncommercial message or (3) Any combination of the first two. For purposes of this definition, common areas within a duly organized homeowner or condomin- ium association shall be considered on premises for each individual unit or lot within said associ- ation in recognition of any right the unit or lot owner has to use said areas under Florida law and the association's covenants and rules. Outdoor advertising display means any letter, figure, character, mark, plane, point, design, poster, pictorial picture, stroke, stripe, line, trademark, reading matter or illuminated service which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatso- ever so that such shall be used for attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever outdoors. Owner means the person owning the fee simple title to the property upon which a permit is required. Parapet sign shall mean a wall sign erected flush on a parapet extension of a building. Permittee means the person in possession or having the beneficial use of property upon which a sign is located for which a permit is required. CD94:5 § 94-1 CAPE CANAVERAL CODE Pole signs are signs that are supported by one or more exposed vertical supports of any shape which are comprised of steel or other corrosive alloys. Two examples of a pole sign are: Portable signs means signs that may be hauled or towed from one location to another, are self- supporting, [and] are designed to be temporarily placed without a permanent base or fastening. Projecting sign means a sign which is affixed perpendicular to any building wall and extends beyond the building wall by more than 18 inches. Pylon signs are signs that are supported by one or more exposed vertical supports which are en- cased within a single, non -corrosive decorative cover. Non -corrosive decorative cover shall mean any material(s) suitable for installation as a pole sign cover in accordance with industry standards of material and workmanship, applied over and attached to the supporting poles(s), including all attachments and fasteners thereto, which shall contain no steel or other corrosive alloys. Such pole sign cover shall have a minimum width of not less than one and one-half times the depth of the cabinet, but not less than 12 inches, and maxi- mum depth equal to the depth of the sign cabinet. One example of a pylon sign is: Supp. No. 23 CD94:6 19 it, D SIGNS § 94-1 Right-of-way means land used for pedestrian and vehicular roadway purposes including reserved, used or to be used as a street, alley, sidewalk, walkway, trail and trail heads, and related public areas such as medians, drainage facilities, and grass shoulders. One example of a right-of-way: Pde Property line P.1,� Ltitiry Pole Grass shoulder Grass shoulder can Roadway cd 3 MedianZ ?i .CZ Roadway dA Grass shoulder chs Pde I Utility Pde Property lines — The right-of-way can be thought of as the public's space between property lines. In this example, the sidewalks and utility poles are at the property lines. Roof sign means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Sandwich board shall mean a freestanding, one- or two-sided sign, in the shape of an inverted W," and set upon the ground. Scheduled event or occurrence means a singu- lar preplanned, temporary happening during a particular interval of time on the site advertised. Examples of scheduled events or occurrences in- clude a property for sale, a coming site develop- ment, a grand opening, a retail sale, an outdoor event, and other similar temporary events. Shopping center or multitenant center means a building with two or more businesses. Sign means any object, whether illuminated or nonilluminated, which is designed or intended to advertise, identify, announce, direct or inform the Supp. No. 23 Grass shoulder o STOP � Utility Pde °'i vgn Property lines Right-of-way public, and which can be viewed by the public off-site. For purposes of this chapter, the term "sign" also includes all structural members. Snipe sign means a small sign of any material, including, but not limited to, paper, cardboard, wood or metal, attached to any object and having no application to the premises where located. Street right-of-way means property which is committed for use as a public access route. Temporary signs means a sign displayed for a scheduled event or occurrence which is not de- signed or intended to be placed permanently. Temporary signs include only those signs ex- pressly referenced in section 94-76, Temporary sign table. Tenant space means that portion of a building separated by walls or partitions that extend from the floor to the ceiling or roof deck without inter- connecting openings. CD94:7 § 94-1 CAPE CANAVERAL CODE Vehicular sign means any sign applied to, af- fixed to, or placed upon a vehicle in such a manner as to be visible to the public. Visibility triangle means a three-dimensional triangular space bounded on two sides by inter- section streets (measured from intersecting edges of pavement) and on the third side by a straight line drawn between those lines at a point located 35 feet from their intersection. Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall signs include parapet signs and projecting signs. Wall mural means a painting or an artistic work composed of an arrangement of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building. The term excludes a painting or work placed on a structure that is erected solely for the sole or primary purpose of signage. Warning sign means a sign required by law or intended to inform the viewer of dangerous and/or restrictive conditions on the premises. Window lighting means any source of illumina- tion intended to illuminate or draw attention to any display that is part of a window sign. Window sign means any signs affixed to, in contact with or placed in the interior or exterior windows of a structure, and which can be viewed from the outside of the structure. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the number, size, type, use, design, construction and location of signs within the city. These regu- lations are established in order to promote the overall economic well-being of the city, while at the same time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the city. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dan- gerous, dilapidated and unsightly signs and pro- vide for adequate maintenance and inspection of signs within the corporate limits of the city, con- sistent with constitutional guarantees and while providing for adequate opportunities for effective means of communication. (b) For purposes of this chapter, any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on premises. Nothing in this chapter shall be con- strued to regulate the content of the message displayed on any sign. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-3. Administrator. The "administrator" shall be the building offi- cial unless otherwise directed by the city manager in writing. The administrator shall also include any authorized designee of the administrator who is charged with implementing the provisions of this chapter. If the administrator is not the build- ing official, the building official shall be charged with interpreting applicable building codes and advising the administrator relative to building code issues under this chapter. (Ord. No. 05-2009, § 3, 9-15-09) Supp. No. 23 CD94:8 D P] 3S-0 JNwt Vb1EYft.TNmk ProMul Q vambT� o otY..ment c+ Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall signs include parapet signs and projecting signs. Wall mural means a painting or an artistic work composed of an arrangement of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building. The term excludes a painting or work placed on a structure that is erected solely for the sole or primary purpose of signage. Warning sign means a sign required by law or intended to inform the viewer of dangerous and/or restrictive conditions on the premises. Window lighting means any source of illumina- tion intended to illuminate or draw attention to any display that is part of a window sign. Window sign means any signs affixed to, in contact with or placed in the interior or exterior windows of a structure, and which can be viewed from the outside of the structure. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the number, size, type, use, design, construction and location of signs within the city. These regu- lations are established in order to promote the overall economic well-being of the city, while at the same time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the city. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dan- gerous, dilapidated and unsightly signs and pro- vide for adequate maintenance and inspection of signs within the corporate limits of the city, con- sistent with constitutional guarantees and while providing for adequate opportunities for effective means of communication. (b) For purposes of this chapter, any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on premises. Nothing in this chapter shall be con- strued to regulate the content of the message displayed on any sign. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-3. Administrator. The "administrator" shall be the building offi- cial unless otherwise directed by the city manager in writing. The administrator shall also include any authorized designee of the administrator who is charged with implementing the provisions of this chapter. If the administrator is not the build- ing official, the building official shall be charged with interpreting applicable building codes and advising the administrator relative to building code issues under this chapter. (Ord. No. 05-2009, § 3, 9-15-09) Supp. No. 23 CD94:8 D P] D SIGNS § 94-5 Sec. 94-4. Exemptions. The following signs may be erected without a permit, subject, however, to all remaining require- ments of these regulations: (1) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or other types of equipment pro- vided such decals are affixed with the consent of the equipment owner; (2) Signs wholly within a building or enclosed space, excluding window signs which are more specifically regulated under this chap- ter; (3) One sign or tablet per building, of four square feet or less, when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of the build- ing; (4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited to one per business entrance; (5) Traffic -control devices installed in accor- dance with applicable provisions of the City Code and the traffic control manual published by the Florida Department of Transportation; (6) Unless otherwise prohibited under this subsection for safety purposes, interior window signs shall be allowed provided they are located at or below 15 feet from pedestrian grade. Pedestrian grade shall be measured from the walking surface nearest the window of the subject build- ing. Window signs above 15 feet from pedestrian grade shall be prohibited. Win- dow signs permitted by this subsection shall not exceed 25 percent of the total window glass area at or below 15 feet from pedestrian grade for each side of the building or unit thereof unless permitted within a window display area allowed under chapter 110, article X, AIA Eco- nomic Opportunity Overlay District. Fur- ther, all sales transaction and cash regis- ter areas, as well as any other areas that may be deemed as necessary for viewing Supp. No. 23 for public safety purposes by a law enforce- ment agency, shall not be obstructed from view from the outside of the building by a window sign. (7) Temporary signs on residential property that do not exceed six square feet. (8) For 911 and emergency response pur- poses, signage identifying the address of the property, which shall be located in a place that is clearly visible from the right- of-way. (9) Signs held by humans. (10) Subject to the criteria established in sec- tion 94-61, temporary, permanent, and portable government monuments, mark- ers, and signs located on public property. (11) Home occupation signs pursuant to sec- tion 94-83. (12) Subject to the criteria established in sec- tion 94-61, historical markers located on public or private property that are part of a duly authorized local, state or federal historical program. (13) Signs erected entirely within the confines of a commercial establishment, provided they cannot be viewed from a public right- of-way. (14) Warning signs. (15) Temporary signs approved under an out- door entertainment event permit. (16) Any sign erected or temporarily placed by the city or other governmental body. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 19-2010, § 2, 12-21-10; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-5. Penalty for violation. (a) Any person who knowingly violates or fails to comply with any of the sections of this chapter or any erector, owner or user of an unlawful sign or any owner of the property on which an unlaw- ful sign is located, shall, upon conviction, be punished as provided in section 1-15. CD94:9 § 94-5 CAPE CANAVERAL CODE (b) In addition to the criminal penalties pro- approved under the community appear- vided in this section, any violation of this chapter ante review standards set forth in sec - shall be subject to enforcement by Divisions 2 or tions 22-36 et seq. 3, Article VI, Chapter 2 of this Code. (h) Window signs. Window signs that do not (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 21-2012, comply with section 94-4. § 3, 12-18-12) (i) Ground signs with exposed metal sup - Sec. 94-6. Prohibited signs and features. ports including poles. The following signs and features are strictly 0) Air -inflated devices. prohibited: (k) Marquee signs. (a) Signs on utility poles and trees. Signs, (1) Roof signs. regardless of whether exempt from per- mit requirements, are prohibited on pub- (m) Projecting signs, unless they comply with lic utility poles or trees, except govern- the provisions of section 94-79. ment banner signs may be permitted on (n) Temporary signs, unless specifically au - brackets installed on utility poles if au- thorized under this chapter. thorized by the utility company. (o) Flags and pennants that are not govern (b) Obstruction of free ingress or egress; stand- mental in origin. pipes I fire escapes. No sign shall be erected, relocated or maintained so as to obstruct (p) [Emissions.] Signs that emit an audible free ingress to or egress from any door or sound, odor, or visible matter such as fire escape. No sign of any kind shall be smoke or steam. attached to a standpipe or fire escape, (q) [Composition.] Signs that are made with unless the sign is incidental to the func- or printed on any vegetation, curbstone, tion of the fire escape or standpipe. flagstone, pavement, or any portion of the (c) Signs on right-of-way. Signs on right -of- sidewalk or street except house numbers way that do not constitute a bona fide and traffic control signs. traffic control device installed for the safety (r) Balloon display. of pedestrians and vehicles, or do not serve a governmental function. (s) Discontinued signs. (d) Portable signs. Any sign, excluding vehic- (t) Animated signs or signs of a flashing, ular signs, which is mobile or is not se- running or revolving nature. curely and permanently attached to the (u) Snipe signs. ground or a building is prohibited, except a sandwich board is permitted in actor- (v) Obscene signs. dance with section 94-76. (w) Hazardous signs. (e) Merchandise displays on rights-of-way. Per- (x) [Signs on certain motor vehicles.] Signs manent, temporary, portable or movable located or erected on an inoperable or signs or displays of merchandise located unlicensed motor vehicle and visible from on any street, sidewalk, alley, or right -of- the right-of-way or adjacent property. way are prohibited. (f) Off premises signs, except temporary off- (y) [Certain signs on parked motor vehicles.] premises signs that are expressly autho- Signs located or erected on a parked mo - rized by this chapter. for vehicle which are intended primarily for display purposes and not regularly (g) Wall mural. A wall mural is strictly pro- used for transportation purposes and which hibited on the exterior of any building are visible from the right-of-way or adja- within the city unless the wall mural is cent property. Supp. No. 23 CD94:10 D (z) Dilapidated signs. (aa) Pole signs. (bb) Signs placed on fences or gates, other than warning signs. (cc) Window lighting, except for window signs authorized by section 94-4(6). (dd) Temporary signs, except permitted types and uses specified in section 94-76. (ee) [Miscellaneous.] Any other sign, feature, or outdoor advertising display that does not comply with the provisions of this chapter. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-7. Conformance. All signs or other outdoor advertising displays erected within the city limits shall conform to this chapter. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-8. Identification. Every sign or outdoor advertising display erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for the sign by the administrator. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-9. Wind pressure and dead load. All signs and other outdoor advertising dis- plays shall be designed and constructed to with- stand a wind velocity as set forth in the building code adopted in section 82-31 and shall be con- structed to receive dead loads as required by the building code or other codes of the city, except temporary signs authorized by this chapter. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-10. Maintenance, notice to repair. (a) All signs shall be erected, placed and main- tained in a state of good and safe repair. Damaged signs shall be removed, repaired, or replaced. If a sign is painted, in whole or in part, the sign shall Supp. No. 23 SIGNS § 94-31 be kept well -painted. Such sign shall be repainted whenever the paint is peeled, blistered, or faded. (b) All signs shall be constructed and main- tained in accordance with the provisions and requirements of the city's building codes, electri- cal codes, and other applicable codes. (c) All copy area shall be maintained so as to be legible and complete. (d) All signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition. (e) Damaged faces or structural members shall be promptly removed, repaired or replaced. (f) Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at all times in a safe condition. (Ord. No. 05-2009, § 3, 9-15-09) Secs. 94-11-94-30. Reserved. ARTICLE II. PERMITS AND INSPECTIONS Sec. 94-31. Permit required. (a) Except as otherwise provided in this chap- ter, it shall be unlawful for any person to change a sign face, change the name of a business dis- played on a sign, alter, erect, construct, enlarge, move, or make structural alterations to any sign within the city, or cause such to be done without first obtaining a sign permit. This shall not be construed to require any permit for a change of moveable alphanumeric characters on a sign de- signed for such moveable characters or a change of display on an electronic sign. Any sign which is not specifically allowed by this chapter is prohib- ited. (b) An electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source. (c) No new permit is required for a sign which has a permit and which conforms with the provi- sions set forth in this chapter on the date of its adoption. A new permit shall be required for any CD94:11 § 94-31 CAPE CANAVERAL CODE sign when the structural configuration or electri- cal components are altered or when the sign is relocated. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-32. Application for permit; review time limits. (a) Application for a permit required under this chapter shall be made upon forms provided by the building department and shall contain or have attached the information required on the form. At a minimum, the application shall contain the following information and documents: (1) The name, address and telephone number of the property owner and applicant if different than owner. (2) The name, address, telephone number and state license number of the sign con- tractor/manufacturer and if applicable, the same information for the engineer and architect. (3) The street address, legal description and tax identification number of property upon which proposed sign is to be located. (4) The zoning and future land use designa- tion of the property on which the sign is to be located. (5) The type of sign, square footage, height and location of all signs currently located on the premises. (6) The type of sign, square footage, design, sign area, height, location and fully di- mensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign will be electrically lighted, a copy of the electrical plans and specifications for the sign shall be pro- vided. In addition, the name and address of the electrical contractor shall accom- pany the appropriate electrical permit ap- plication. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the property owner. (8) A fully dimensioned site plan showing the lot frontage, building frontage or busi- ness, establishment or occupant frontage, parking areas and location of all existing and proposed signs. For ground signs and temporary signs which are subject to per- mitting, the site plan shall show the dis- tance from the right-of-way and property lines, and street corner visibility calcula- tions. (9) For temporary signs subject to permitting under this chapter, the applicant shall provide the name, date and time associ- ated with the event or activity and a time frame for the temporary sign to come down. (10) The type of construction, materials, sign supports, electrical details for the pro- posed sign. (11) Wind load calculations and footer details for the proposed sign as required by the city's adopted building code. (b) The administrator shall grant or deny the sign permit application within 45 calendar days from the date that a completed application and permit fee was filed with the city, unless aesthetic review of the proposed sign is required under sections 22-36 et seq., City Code, then 60 calendar days. For purposes of calculating the time period, the day of receipt shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday, the decision shall be made on the next regular business day. Notwithstanding any con- trary sign application requirements contained in this section, any person may request that a sign or signs be approved as part of an overall pro- posed development plan for a particular land development project. In such cases, the person will be required to submit the plans and specifi- cations of the sign(s) with the plans and specifi- cations for the proposed land development proj- ect. The proposed sign(s) will be reviewed and approved in conjunction with the site plan review, aesthetic review, and building permit review. In addition, in cases in which the applicant has requested a variance, waiver, or other zoning approval in conjunction with the sign application, the decision time period shall be suspended while Supp. No. 23 CD94:12 M D SIGNS § 94-34 the applicant seeks such zoning approval. In the event that no decision is made within 45 days following the filing of a completed application, the application shall be deemed denied and the appli- cant may then appeal the decision to the construc- tion board of adjustment. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the ap- propriate building permit fee by the applicant, the administrator shall promptly conduct an in- vestigation of the application, the proposed sign and the premises. In addition, if required under sections 22-36 et seq., City Code, the administra- tor shall forward the application to the commu- nity appearance board for review and consider- ation. (b) If, after review and investigation as re- quired herein, the administrator determines that the application meets the requirements contained in this chapter and determines the proposed sign will not violate any building, electrical, and aes- thetic or other adopted codes of the city, the administrator shall issue the permit or issue the permit with conditions (which means legal condi- tions existing in the City Code). If the work authorized by the permit has not been completed within six months after the date of issuance, the permit shall become null and void, unless the administrator grants an extension of time, not to exceed three months, for good cause shown. (c) If, after review and investigation as re- quired herein, the administrator determines that one or more reasons for denial exist, the permit shall be denied and the administrator shall make a written report of the denial and the reasons therefore. A copy of the report shall be sent by certified mail to the designated return address of the applicant on the application. The application for a permit shall be denied if one or more of the following conditions are found to exist: (1) The application does not comply with the requirements of this chapter; or (2) The application would violate any build- ing, electrical, aesthetic or other adopted codes of the city. Supp. No. 23 (d) Any person denied a building permit for signs may file as a matter of right a written notice of appeal to the construction board of adjustment within ten calendar days after rendition of the denial pursuant to the provisions of this section; except, however, issues decided by the community appearance board or the city council pursuant to sections 22-36 et seq., City Code, or in conjunction with a site plan application, shall not be appealed to the construction board of adjustment and shall be appealed under the applicable provisions set forth in sections 22-36 et seq. and the site plan review procedures. The construction board of ad- justment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the construction board of adjustment. The appellant shall be afforded min- imum due process including, but not limited to, the right to notice of the hearing, a fair opportu- nity to be heard in person and through counsel, to present evidence, and to cross-examine witnesses. The decision of the construction board of adjust- ment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. Any person aggrieved by a final decision of the con- struction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of ad- justment. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-34. Revocation of permit. The administrator is authorized and empow- ered to revoke any permit issued under this chapter for failure of the permittee to comply with any of the sections of this chapter. Such revoca- tion shall be in writing and shall show cause for the revocation notice. Within seven days after the mailing of notice, the permit holder may request, in writing to the city manager, a hearing before the construction board of adjustment to show cause why the permit should not be revoked. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar CD94:13 § 94-34 CAPE CANAVERAL CODE days from the date the notice is received by the city manager. The permittee shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross-exam- ine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the revocation decision. Any person aggrieved by a final decision of the construction board of adjustment may im- mediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and de- cision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-35. Fees. Permit and inspection fees for the erection, alteration or relocation of a sign, exclusive of any costs for an electrical permit, shall be set forth in appendix B, schedule of fees, to this Code and shall include fees for the following: (1) In addition, fees for signs are calculated by using contract amount consistent with the city's schedule of fees; (2) Reinspection; and (3) If any person commences any work before obtaining the necessary permit, all fees shall be doubled. (4) As an incentive to encourage the estab- lishment of new businesses within the city, the administrator is authorized to waive sign permitting fees for any tempo- rary signage application that is filed within 30 days after obtaining the businesses' initial business tax receipt issued by the city. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-36. Inspection by administrator. The administrator is empowered to enter or inspect any building, structure or premises in the city upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural details and electrical connec- tions and to ensure compliance with this chapter. Such inspections shall be carried out during busi- ness hours, unless an emergency exists. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-37. Notice for inspections. The person constructing, erecting or relocating a sign for which a permit, is required shall notify the building department at all stages of construc- tion that requires inspection and approval by the administrator. Authority for and time of such inspections shall be as follows: (1) A footing inspection for all detached signs shall be required; (2) A final structural inspection shall be re- quired at completion of the work on all types of signs; and (3) A final electrical inspection shall be re- quired on all signs containing electrical components and wiring to be connected to an electrical energy source. (4) Other inspections as required by the ad- opted building code. (Ord. No. 05-2009, § 3, 9-15-09) Secs. 94-38-94-60. Reserved. ARTICLE III. SIZE, LOCATION AND CONSTRUCTION DIVISION 1. GENERALLY Sec. 94-61. Restrictions on placement. (a) No sign or banner shall be suspended across any public street, avenue or alley, unless ap- proved by the city council in situations when the street, avenue, or alley will be closed to vehicular traffic at the location of the sign or banner or the city council has determined that the sign or banner will not constitute a hazardous sign or Supp. No. 23 CD94:14 M 9 D SIGNS § 94-64 banner under the definition set forth in section 94-1 and the provisions set forth in section 94-62. (b) No sign shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any trees, light standards, utility poles, hydrants, benches, bridges or any structures, other than awnings, within the property lines of any street, avenue or alley within the limits of the city. (c) No sign shall be attached to any private wall, window, door, gate, fence or to any other private structure, without the written permission of the owner or lessee and without compliance with the provisions of this chapter. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-62. Abandoned and hazardous signs. (a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten days of the service of notice from the administrator, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six consecutive months prior to the date of the notice from the administrator. If the order to remove is not complied with, the admin- istrator may remove the sign, and an assessment lien, on parity with real estate taxes, may be filed against the property for the expense incurred in removal of the sign. (b) Hazardous signs. The administrator shall refuse to issue a permit for any sign, which will constitute a hazard and a potential menace to the safety of the public, and the administrator may require the removal of any sign which is not properly maintained or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that consti- tutes a hazard to the safety of the public. It shall be unlawful for any permittee or owner to con- tinue to display any sign that constitutes a haz- ard after 48 hours from the time of notice by the administrator requesting the removal of such sign, unless within that time, the permittee or owner shall have filed with the administrator notice of his or her intention to appeal his decision to the code enforcement board, or the administra- tor has determined that exigent circumstances Supp. No. 23 exist that require the immediate removal of the sign in order to abate the public hazard. Any such sign displayed more than 48 hours after notice to remove the sign may be removed by the city at the expense of the permittee or owner, unless the matter is pending an appeal to the code enforce- ment board or unless the decision of the admin- istrator has been reversed by the code enforce- ment board. (c) Signs constituting traffic hazard. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; at any location where, because of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word commonly used on traffic control signs or signals. Visibility at intersections shall be in accordance with the figure [found in section] 94-1. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-63. Lighting. (a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs and wall signs. However, the reflectors shall be provided with proper lenses concentrating the illumination upon the area of the sign so as to prevent the glare upon the street or adjacent property. (b) Electrical signs shall comply with applica- ble electric codes. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-64. Criteria and standards for mea- surement and placement. (a) Area. The permitted area of ground signs in all zoning districts, and unless otherwise speci- fied in this chapter, is dependent on street front- age of the property on the basis of one square foot of sign area for each lineal foot of property front- age up to the maximum specified in each zoning district. Wall signs shall be computed on the basis of one square foot of sign area for each lineal foot of building or tenant space frontage up to the maximum allowed in each zoning section. For the purpose of determining area, the total area of a CD94:15 § 94-64 CAPE CANAVERAL CODE sign is that within the smallest parallelogram, triangle, circle or semicircle or combinations thereof which will completely enclose the outside perim- eter of the overall sign, including the border, if any, but excluding supports. Three dimensional signs shall be measured at the largest vertical cross section. (b) Combinations of signs. Except where spe- cifically permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground signs may be placed at an angle on a corner at no increase in size over that of a single sign. The sum or the area of the faces visible from any one point shall not exceed that allowed for a single sign. (c) Corner lots. Where two ground signs are used on a corner lot, the area of both signs may not exceed the area allowed for frontage as pro- vided in subsection (a). (d) Display of permit number. The sign permit number for all signs requiring a permit shall be prominently displayed by the owner or user of the sign on the property where the sign is located. (e) Height, setback and location measure- ments. Measurements for setback and location for all signs in all allowable districts shall be made from that portion of the sign nearest that point of ground reference to which the measurement is to be made, but in no event shall a sign of any kind project over public property or public rights-of- way, whether affixed to a building or otherwise. The height of signs shall be measured from grade level at the closest edge of the street paving and shall include all decorative portions of the sign. All setback measurements shall be made from the property lines as a point of reference to the projecting edge or corner of the sign, unless oth- erwise specified. (f) Ground signs. Ground signs shall be set back a minimum of six feet from the property line. No ground sign shall be placed within the visibil- ity triangle (refer to figure in section 94-1). (g) Size limit. No ground sign shall be sup- ported so that the uppermost edge is more than 20 feet above the grade level from edge of street pavement. This subsection shall not apply to any sign on the face of the building. Any sign that is not attached to a building shall not exceed 150 square feet on its largest front. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-65. Aesthetic requirements of signs. The city council may adopt, by resolution or ordinance, general aesthetic requirements which pertain specifically to signs and wall murals per- mitted by this chapter. Said requirements may include form -based regulations (e.g. signage size, materials, illumination, placement, landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable and unaccept- able signage consistent with the requirements of this chapter. Upon adoption, said requirements shall be deemed fully incorporated into this chap- ter and shall have the force of law. (Ord. No. 05-2009, § 3, 9-15-09) Secs. 94-66-94-75. Reserved. DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (1) Temporary on -premise signs must comply with the temporary signage table below. On -Premises Temporary Signage Table e and Use Conditions Temporary sign - in general a, b, c, d, e, f, g,h, i,' Temporary signage on guberna- c, d, e, f, g, torial, presidential, county, city, h, i, j, k and any state and federal pri- mary Election Day and during the 30 days prior to and five days after the Election Da Banner Sign e, g, h, 1 Bag Sign a, e, m Sandwich Board e, g, h, i, j, n (2) The following conditions shall apply to any temporary sign unless otherwise provided in the temporary signage table set forth above: a. The temporary signage shall: (i) not be posted more than 14 days prior to the commencement of the scheduled event or Supp. No. 23 CD94:16 Qo", SIGNS § 94-76 occurrence, unless a sooner time period is plastic, vinyl, hardboard or particle board required by law, and (ii) be removed when of sufficient thickness so as to withstand the sign has fulfilled its purpose (e.g., the the weather elements commonly experi- scheduled event or occurrence has con- enced within the city. Cardboard and paper- cluded). faced temporary signs are strictly prohib- b. One temporary sign is allowed for every ited unless they are safely fastened, in 150 linear feet of property frontage, or their entirety, to a backing made of mate- portion thereof unless additional signage rial set forth in this section. is authorized and required by state or k. With property owner's consent, during federal law. Individual tenant spaces shall gubernatorial, primary, presidential, county be permitted one temporary sign for each and city election years, temporary signs tenant space or unit, regardless of prop- may be placed on Election Day and during erty frontage. the 30 days prior to and five days after the C. On residential property, no temporary sign Election Day. shall exceed six square feet. 1. A maximum of one banner sign may be d. On nonresidential property, no temporary erected on nonresidential property not to sign shall exceed 32 square feet. exceed 96 square feet, and on residential property not to exceed 12 square feet. A e. The temporary sign may be double-faced banner sign may be erected for a maxi- (back-to-back) and only one side of a double- mum of 30 consecutive days on nonresi- faced sign shall be counted for sign area dential property and a maximum of 14 calculations. consecutive days on residential property f. The maximum height shall be four feet on one time during any calendar. year. A residential property, or eight feet on any banner sign must be securely fastened in non-residential property. a manner to withstand weather elements commonly experienced in the city. g. Minimum setbacks for any part of the m. Bag signs shall be allowed for 180 days min- temporary sign structure shall be a min- when the copy area of an existing ground imum of two feet from any right-of--way. sign has been damaged and is awaiting h. No part of any temporary sign shall be repair, when the business has vacated the placed within the right-of-way or within property or when the copy area is being the visibility triangle or in any way which replaced to accommodate a new or re- impedes pedestrian and/or vehicular traf- named business. The administrator may fic safety. No part of any temporary sign grant an extension of time for good cause shall be located so as to reduce any re- shown provided any extension shall not quired parking area. No part of any tem- exceed 180 calendar days. porary sign shall be located in such a way that it restricts a pedestrian way and/or n. Sandwich boards: One sandwich board is sidewalk to less than 44 inches in width. allowed for each business located in the Temporary signs shall be removed and C1, C2 and Ml zoning districts. Sandwich brought inside a building when there are boards must comply with the following storm warnings so as not to become a requirements: hazard during a storm event (1) Shall not exceed five feet overall i. Shall be freestanding and shall not rely height. on any support that is not a part of the (2) Shall not exceed 12 square feet in sign. area. j. The temporary sign shall be constructed (3) Shall not be displayed from dusk to of sturdy material such as wood, hard daybreak. nr" Supp. No. 23 CD94:17 § 94-76 CAPE CANAVERAL CODE (4) Shall be substantially secured or weighted to resist movement while on display. (5) Shall not encroach into vehicular circulation areas or be located so as to reduce parking areas. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-77. Emergency response system. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property and shall be visible from the public or private street. For commercial and in- dustrial buildings, the address or range of ad- dresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum of six inches in height in contrasting colors, but the address shall not be counted against allowable copy area. In addition to the address being posted on a single-family residential mail- box or single-family dwelling, a sign not to exceed three square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign is visible from the public or private street. The address shall not be counted against allow- able copy area. The display shall be posted in a manner that is consistent with the fire and life safety industry standards for posting such emer- gency response displays. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-78. Electronic signs. Electronic signs may be approved under this chapter provided the proposed electronic sign satisfies the following requirements: (a) A maximum of one electronic sign may be incorporated into a monument sign or pylon sign. The electronic sign must be in compliance with all applicable provisions of this chapter. Further, an electronic sign shall not be a portable or stand alone sign and shall be mounted in a permanent cabinet. electronic sign shall be fully incorporated within the outer perimeter of the sign. Further, the size of the electronic sign shall be included in the calculation for the total signage allowed for the property and the overall size limitation for a particular sign. (c) The electronic sign shall be limited to display of alphanumeric characters only. Moving graphic displays of non -alphanu- meric characters (such as simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be prohibited. (d) The display time for each message con- taining alphanumeric characters shall be a minimum time period of four consecu- tive seconds per display. (e) The electronic sign shall be set to a spe- cific brightness level and shall electroni- cally respond to changing light conditions (e.g., change from day to night or to dark- ness related to weather). Written certifi- cation shall be provided with the sign permit application from the sign manufac- turer that the sign has been preset to not to exceed the following light level stan- dard as measured in nits, as follows: (1) Maximum daytime level at 6,000 nits. (2) Maximum nighttime level at 500 nits. Further, the preset light level shall be protected from end user manipulations by password protected software or other ac- ceptable methods. (f) If the electronic sign malfunctions, the message, if displayed, shall be main- tained at a maximum light level of 500 nits, or the sign shall be made inactive until the sign is repaired. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-79. Projecting signs. (b) The size of the electronic sign shall be A projecting sign shall be permitted provided limited to a maximum size equal to 32 the following minimum standards are satisfied: square feet. The maximum area of the (a) It shall not be larger than six feet in its sign shall not exceed 120 square feet. The greatest dimension. Supp. No. 23 CD94:18 D 7 SIGNS § 94-84 (b) It shall not encroach into a required build- ing setback by more than three feet. (c) The lowest portion of the sign shall be at least seven and one-half feet above grade. (d) It shall not project into a vehicular path- way. (e) It shall not extend above the eave or parapet line of the building wall on which it is affixed. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-80. Off -premises signs. No off -premises sign shall be erected in the city, except temporary off -premises signs may be per- mitted in accordance with section 94-81. Any off -premises sign erected in violation of this sec- tion shall be removed within 48 hours of notice to the sign owner and property owner. However, temporary off' premises signs erected in violation of this section shall be removed immediately. If the sign owner or property owner fails to remove the sign, the city shall do so at the sign owner's or property owner's expense. The city shall also have the right to impose an assessment lien, on parity with real estate taxes, on the property for any removal expenses incurred by the city to remove the unlawful off -premises sign. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-81. Temporary off -premises signs. (a) Temporary off' premises signs may be erected upon issuance of a permit by the administrator provided the temporary off -premises sign(s) meets the following conditions: (1) The activity or place so displayed or pro- moted on the sign will occur or be located within the jurisdictional boundaries of the city. (2) The property owner on which the sign will be erected has consented to the placement of the sign. (3) The type, use, size, height, and placement of the sign shall comply with the require- ments set forth in section 94-76 for tem- porary on -premises signs. Supp. No. 23 (4) No sign shall be erected on or within any right-of-way or within the visibility trian- gle. (b) Any permit issued under this section shall have a maximum duration of 15 calendar days. Further, a maximum of one permit shall be issued per activity or event being displayed on the sign. In addition, there shall be a four -permit limita- tion per calendar year for any particular location within the jurisdictional boundaries of the city. (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-82. Awnings and canopies. (a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as the valance or fringe and shall be calculated as a portion of any allowable wall sign. (b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall sign. (c) Address numbers on canopies and awnings shall not be considered as a portion of the allow- able wall signage area. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-83. Home occupation signs. A home occupation sign that is nonilluminated and does not exceed two square feet in area concerned shall be allowed per district require- ments if it is affixed flat against the exterior surface at a position not more than two feet distant from the main entrance of the dwelling unit. There shall be no more than one of these signs per unit. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-84. Ground signs. Ground signs shall be required to meet the criteria and standards set forth in section 94-64 and other applicable provisions of the City Code. (Ord. No. 05-2009, § 3, 9-15-09) C D94:19 § 94-85 CAPE CANAVERAL CODE Sec. 94-85. Variances. (b) Any sign not specifically permitted in the A variance may be granted for any requirement R-2 district is prohibited. under this chapter pursuant to the variance pro- (Ord. No. 05-2009, § 3, 9-15-09) cedures set forth in chapter 110, article II. Sec. 94-98. R-3 medium density residential (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, district. § 2, 9-16-14) (a) Signs are permitted in the R-3 low density Secs. 94-86-94-95. Reserved. residential district as listed in table 94-96-1. DIVISION 3. DISTRICT REGULATIONS Sec. 94-96. R-1 low density residential dis- trict. (a) Signs are permitted in the R-1 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-1 district is prohibited. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-97. R-2 medium density residential district. (a) Signs are permitted in the R-2 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-3 district is prohibited. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-99. C-1 low density commercial dis- trict, C-2 commercial/manufac- turing district and M-1 light in- dustrial and research and development district. (a) Signs are permitted in the C-1 low density commercial district, C-2 commerciaUmanufactur- ing district and the M-1 light industrial and research and development district as listed in table 94-96-1. (b) Any sign not specifically permitted in the C-1, C-2 and M-1 districts is prohibited. (Ord. No. 05-2009, § 3, 9-15-09) Sec. 94-100. Shopping center or multitenant center in any district. Signs are permitted for shopping centers or multitenant centers in any district as listed in table 94-96-1. Table 94-96-1 District Restrictions Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 Temporary On -Premises Sign Per section 94-76 Per section 94-76 Per section 94-76 Per section 94-76 Per section 94-81 Per section 94-81 Per section 94-81 Per section 94-81 Temporary Off -Premises Sign Max. area 6 s.f. 6 s.f. 6 s.f. 32 s.f. Max. height 4' 4' 4' 8' Home Max. no. 1 1 1 1 Occupation Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. 1 per street frontage/ 1 per street frontage/ Max. no. Prohibited per access entrance; per access entrance; 1 per street frontage max. 2 signs max. 2 signs One s.f. per lineal ft. Ground Max area 32 s.f. 32 s.f. of property frontage up to a max. of 150 s.f. Max. height 8' 8' 20' Max. width 25' 25' 25' EA Supp. No. 23 CD94:20 19 it SIGNS § 94-115 Table 94-96-1 District Restrictions Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 2 per storefront or Max. no. Prohibited 1 1 structure, provided each structure is a separate business Parallel to street, 15% of wall height (x) wall width of wall Wall that sign is located One s.f. per lineal One s.f. per lineal on; max. 160 s.f. Max. area foot of building wall foot of building wall perpendicular to that the sign is on that the sign is on street, 15% of wall height (x) wall width of wall that sign is located on; max. 128 s.f. Electronic Signs Max. no. n/a n/a n/a Per section 94-78 Max. area. n/a n/a n/a 32 sq. ft. Prohibited unless ap- Prohibited unless ap- Prohibited unless ap- Wall Mural Prohibited proved per section proved per section proved per section 94-6(g) 94-6(g) 94-6(g) (Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 08-2014, § 2, 9-16-14) Secs. 94-101-94-104. Reserved. Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of-way may be removed by the city or its agents without notice to the sign owner. (b) [Unsafe signs.] Should any sign be in dan- ger of falling, or otherwise unsafe in the opinion of the code enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the Administrator or code enforcement offi- cer, immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall immediately remove the sign if the administrator has determined that exigent circumstances exist that require the abatement of a public hazard. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any prop- erty where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforce- ment officer or administrator that a sign is illu- minated in violation of this chapter or other provisions of the City Code regulating spillover Supp. No. 23 lighting, the owner, owner's agent, or person in control of the premises, shall immediately termi- nate the prohibited illumination of such sign. (Ord. No. 05-2009, § 3, 9-15-09) Secs. 94-106-94-109 Reserved. Sec. 94-110. Implied consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following: (1) Consents to complying with all provisions of this Code; and (2) Consents for city officials to come on pri- vate property to inspect all signage and to remove illegally erected signs upon rea- sonable advanced notice by the city. (Ord. No. 05-2009, § 3, 9-15-09) Secs. 94-111-94-114. Reserved. Sec. 94-115. Viewpoint neutral. Notwithstanding anything in this chapter or Code to the contrary, no sign or sign structure CD94:21 § 94-115 CAPE CANAVERAL CODE shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. (Ord. No. 05-2009, § 3, 9-15-09) Secs. 94-116-94-119. Reserved. Sec. 94-120. Severability. (a) General. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of this chapter. (b) Severability where less speech results. With- out diminishing or limiting in any way the decla- ration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsec- tion, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the decla- ration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining to pro- hibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of this chapter or any other law is declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under section 94-6. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 94-6 is declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of section 94-6. (d) Severability of prohibition on off -premises signs. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter and/or any other Code provi- sions and/or laws are declared invalid or uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the pro- hibition on off -premise signs as contained in this chapter and Code. (Ord. No. 05-2009, § 3, 9-15-09) ARTICLE IV. NONCONFORMING SIGNS Sec. 94-121. Nonconforming signs. All signs or outdoor displays which are lawfully in existence or are lawfully erected and which do not conform to the provisions of this chapter are declared nonconforming signs. It is the intent of this chapter to recognize that the eventual elim- ination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this chapter. No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. Supp. No. 23 CD94:22 (a) Termination by abandonment: Any non- conforming sign structure, the use of which as a sign is discontinued for a period of 90 consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished ex- cept in full compliance with this chapter. D it SIGNS Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculat- ing the length of discontinuance for pur- poses of this subsection. (b) Termination by damage or destruction: Any nonconforming sign damaged or de- stroyed by any means, to the extent of 50 percent of its replacement cost at the time of being damaged or destroyed, shall be terminated and shall not be restored. (c) Termination by redevelopment: Whenever any revision or modification is made to a building or to site improvements, which revision or modification requires the sub- mission of a new or substantially revised site plan or development plan, pursuant to the Land Development Code, all signs or sign structures on the parcel of land in question shall be made to conform with the current requirements of this chapter, or shall be removed. (d) Pole signs—Termination by amortization: Any nonconforming pole sign existing on September 16, 2014 and not terminated pursuant to any other provision of this section shall be permanently removed or modified into a pylon sign by September 16, 2016, by the installation of a non- corrosive decorative cover applied over and attached to the supporting pole(s) in accordance with industry standards of material and workmanship, except, how- ever, pole signs located within the visibil- ity triangle shall be permanently removed or relocated from the visibility triangle by said date in compliance with this chapter. (e) Signs of a temporary nature—Amortiza- tion. Any nonconforming sign which is designed to be temporary in nature or portable on September 16, 2014 includ- ing, but not limited to, window signs, portable signs, banners, sandwich boards, and other types of signs which did not Supp. No. 23 § 94-122 require a building permit to erect shall come into compliance with the provisions of this ordinance by October 16, 2014. (f) Repair and maintenance. Reasonable rou- tine repair and maintenance of a noncon- forming sign is permitted in accordance with the requirements of section 110-98 of the City Code. (g) Incentives. As an incentive to eliminate nonconforming signs, the city manager shall be authorized to waive sign permit- ting fees for any sign application that is filed for purposes of eliminating or modi- fying a nonconforming sign and making it in full compliance with the provisions of this chapter. (Ord. No. 08-2014, § 2, 9-16-14) Sec. 94-122. Exceptions and appeals. (a) Upon application filed with the administra- tor, the administrator may exempt legally exist- ing nonconforming signs from the requirements of this chapter related only to height, sign area, and projection from the building, if the sign owner can demonstrate that the nonconformity is within 20 percent of each specific requirement. However, the sign must be brought into full compliance if it is substantially damaged. (b) Freestanding signs that are nonconforming only with respect to the minimum required dis- tance from any property lines, shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right-of-way, visibility triangle, or utility easement and that no interference with clear sight distance exists, and further provided that such signs are otherwise in compliance with the terms of this chapter. (Ord. No. 08-2014, § 2, 9-16-14) CD94:23 This page is intentionally left blank 31 Chapter 102 VEGETATION* Article I. In General Secs. 102-1-102-25. Reserved. Article II. Tree Protection Division 1. Generally Secs. 102-26-102-35. Reserved. Division 2. Land Clearing Sec. 102-36. Definitions. Sec. 102-37. Title; applicability; intent and purpose; tree bank. Sec. 102-38. Enforcement and penalties. Sec. 102-39. Permits. Sec. 102-40. Permit criteria; exemptions; standards of review. Sec. 102-40.5. Reserved. Sec. 102-41. Specimen trees. Sec. 102-42. Special waiver provision. Sec. 102-43. Tree replacement guidelines. Sec. 102-44. Prohibitions. Sec. 102-45. Minimum tree requirement. Sec. 102-46. Tree protection during development and construction; periodic inspection. Sec. 102-47. Voluntary tree planting. Sec. 102-48. Waivers; incentive program; administrative interpretation ap- peals; incentive program. Sec. 102-49. Remedial action. Sec. 102-50. Open burning of natural cover. Sec. 102-51. Rules and regulations and fees for implementing this division. Sec. 102-52. List of desirable species and plants. Sec. 102-53. List of undesirable species. Sec. 102-54. Tree replacement standards. Appendix A. Tree Protection Area Signage *Cross references—Code enforcement, ch. 2, art. VI; environment, ch. 34; requirements for landscape appearance and maintenance, § 34-99; weeds and dead vegetation, § 34-121 et seq.; planning, ch. 58; solid waste, ch. 62; fertilizer land application, ch. 92. Supp. No. 23 CD102:1 This page is intentionally left blank D D VEGETATION § 102-36 ARTICLE I. IN GENERAL Secs. 102-1-102-25. Reserved. ARTICLE II. TREE PROTECTION DIVISION 1. GENERALLY Secs. 102-26-102-35. Reserved. DIVISION 2. LAND CLEARING* Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building official. The building official of the city and his or her designee. Caliper. Measurement of a tree 12 inches from soil level. Clear trunk means a measurement from the soil line to the point in the canopy where the trunk caliper begins to taper abruptly. On many palms, this point will lie at the base of the petiole of the third or fourth youngest but fully expanded leaf. Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. Desirable species (trees l plants). Trees and plants adaptive to the climate and soil of the city and identified in section 102-52 of this division, as may be amended by the city council by ordinance or rule promulgated pursuant to section 102-51 of this division. *Editor's note Ordinance No. 05-2005, § 2, adopted April 19, 2005, amended div. 2 in its entirety and enacted similar provisions as set out herein. The former div. 2 derived from Code 1981, §§ 657.01, 657.03, 657.05, 657.07, 657.09, 657.11, 657.13, 657.15, ch. 657, app. A; Ord., No. 28-94, §§ 3-5, adopted July 19, 1994; and Ord. No. 13-98, § 1, adopted March 17, 1998. Cross reference—Solid waste, ch. 62. Supp. No. 23 Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multistemmed tree, measured four and one-half feet above natural or finish grade. Diseased tree means a tree with a sustained or progressive impairment caused by tree disease which seriously compromises the viability of the tree in that it is unlikely the tree will remain living and viable for a period of more than three years or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of the diseased tree. Any claim that a tree is diseased for purposes of obtaining a land - clearing permit pursuant to the requirements of this division shall be certified in writing by a licensed arborist or other qualified tree expert deemed acceptable by the city, and shall be con- sidered by the city in issuing any such permit. Dripline means an imaginary vertical line run- ning through the outermost portion of the tree crown extending to the ground. Land clearing means the disturbance or re- moval of vegetation from any site, parcel or lot using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine mowing, sod replace- ment, planting of landscape material, shrub prun- ing, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree re- moval activities. Mangrove means any specimen of the species avicennia germinans (black mangrove), laguncularia racemosa (white mangrove) or rhizophora mangle (red mangrove). Native vegetation means plant material indig- enous to the city, including all those species listed in but not limited to those in section 102-52. Person includes any individual, firm, corpora- tion, partnership, joint venture association, prin- cipal, trustee, government, or any agent or repre- sentative thereof. CD102:3 § 102-36 CAPE CANAVERAL CODE Protected barrier. A polygon of two inches x four inches wide stakes spaced a maximum of eight feet from each other at the perimeter of the tree protection zone and which extend out of the ground at least 36 inches, with the top four inches marked by fluorescent orange paint or tape. Recognized knowledgeable person means a per- son recognized by the city as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed land- scape contractor, certified nurseryman or person having similar recognizable skills and experience. Silviculture means a process, following accept- able forest -management principles, whereby the crops constituting forests are tended, harvested and reproduced. Specimen tree means a tree having a caliper of 24 inches or more in diameter. Specimen trees shall not include undesirable, dead, or diseased trees, or trees that are structurally unsound and cannot recover from pruning. Transplant means the act of relocating an existing tree upon the same lot. Tree means a woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of four inches, or a sum of dbh of four inches for multistemmed trees and an average mature height of at least ten feet. Tree bank means that account maintained by the city as a repository for any funds collected and distributed pursuant to this chapter. Tree removal includes any act which physically removes the tree or its root system from the earth or causes a tree to die within a period of two years from the time of the act including, but not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrad- ing around the base of the tree trunk. Tree protection zone means the area located around the perimeter of the dripline of a tree in which no activity such as clearing, filling, exca- vating, storage of materials, parking of vehicles, or any other activity that in the opinion of the building official may damage the tree. At the discretion of the building official, the tree protec- tion zone may be reduced for trees located on small lots in order to reasonably protect the tree and facilitate construction on said lot. Tree replacement credit means the tree replace- ment credit offered to a person for replacing trees removed or destroyed in accordance with this division with desirable species. Undesirable species means any of the species identified in section 102-53. Understory means an underlying layer of low native vegetation usually associated with trees. Plants in the understory consist of a mixture of seedlings and saplings of canopy and palm trees together with understory shrubs (i.e. cabbage palms, palmettos). Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs and grasses. Viable means having the capacity to live and develop. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 03-2007, § 2, 3-6-07; Ord. No. 12-2009, § 2, 1-5-10; Ord. No. 01-2014, § 2, 1-21-14) Sec. 102-37. Title; applicability; intent and purpose; tree bank. (a) Title. This division may be cited and re- ferred to as the "City of Cape Canaveral Tree Preservation and Landscaping Code." (b) Applicability. This division shall be appli- cable to all land lying in the incorporated area of the city. (c) Intent. The intent of this division is to encourage the protection of the maximum num- ber of viable trees listed in the desirable species list. It is further the intent of this division to encourage the protection of trees native to central Florida and to encourage proper removal of ex- otic, pest trees. To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any tree or other vegetation as covered by the provisions of this division except in accordance with the provisions set forth herein. Notwithstanding, in the case of emergencies involving natural disaster such as, but not limited to, flood, freeze or other natural Supp. No. 23 CD102:4 M M VEGETATION § 102-39 ' Qe D disasters, the requirements of this division may be temporarily waived by the city council by resolution. (d) Purpose. The purpose of this division is to establish regulations for trees within the city in order to maintain and protect the city forest, to better control problems of flooding, soil conserva- tion, air pollution and noise, and to make the city a healthier, more attractive and safer place in which to live. (e) Tree bank. Funds deposited in the "Tree Bank" pursuant to this chapter shall be used for public purpose landscape enhancements at the sole discretion of the city, which shall include, but not be limited to tree planting, tree maintenance, beautification, education, and/or ecosystem man- agement projects. All fees, fines, and other pay- ments made to the city pursuant to this chapter shall be deposited in the city's "Tree Bank". The value to be paid into the "Tree Bank" shall be established by resolution of the city council; set forth in Table 1; and based upon wholesale mar- ket value of the trees being replaced, plus instal- lation and maintenance costs to establish the tree. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 21-2005, § 2,1-3-06; Ord. No. 12-2009, § 2,1-5-10; Ord. No. 01-2014, § 2, 1-21-14) Sec. 102-38. Enforcement and penalties. (a) Enforcement. The city may enforce the pro- visions of this division by any lawful means including, but not limited to, issuing a civil cita- tion, bringing charges before the city's code en- forcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in viola- tions of this division shall be deemed irreparable or irreversible. Further, each day a violation con- tinues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39. Fine of $250.00 per tree or Supp. No. 23 $500.00 per specimen tree removed, plus $500.00 per quarter acre of understory cleared. (2) Failure to abide by a cease and desist order issued under this division. Fine of $250.00 for the first day and $500.00 per day for each day thereafter. (3) Failure to abide by the requirements of other provisions of this division. Fine of $250.00 for the first occurrence and $500.00 for repeat occurrences. (c) Cease and desist orders. The building offi- cial shall have the right to issue cease and desist orders upon persons in violation of this division for a maximum of five working days. Upon review of the violation by the city manager, the city manager may extend the cease and desist work order until the violation is brought in compliance and all resulting fines incurred as a result of the violation have been paid. The city manager's decision may be appealed to the city council pursuant to section 102-48. (d) Withholding of certificate of occupancy. The building official shall have the right to refuse to issue a certificate of occupancy or certificate of completion until all violations of this division have been remedied. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 21-2005, § 2, 1-3-06; Ord. No. 12-2009, § 2, 1-5-10) Sec. 102-39. Permits. (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the build- ing official. If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. (b) Application required. An application for tree removal and land clearing shall be filed on an official form provided by the building official. The applicant shall be required to pay a fee as may be established by the resolution of the city council, except that no fee shall be required for the re- moval of trees that are dead, diseased, suffer from CD102:5 § 102-39 CAPE CANAVERAL CODE severe structural defects, pose a clear and obvious to omit certain portions of the tree safety hazard to structures or people or removed inventory where compliance with the for a public project sponsored and paid for by the requirements set forth herein would city. If the applicant is not the property owner, be unnecessarily burdensome and then the applicant shall attach the written per- the exempted portions are not needed mission of the property owner to the application. for the city to evaluate the applica- All completed applications shall be returned to tion. the building official, along with the appropriate (7) A replacement plan in accordance with fee and the following minimum information: division indicating the means for compen- (1) Legal description of the property, includ- sating for the tree(s) to be removed includ- ing street address. ing the species and size of any replace- (2) Name, address and phone number of prop- ment trees. erty owner. (8) If grade changes are proposed on the site, (3) Name, address and phone number of ap- a grading plan drawn to scale shall be plicant, if other than property owner. provided. In addition, a written statement shall be provided by a landscape architect (4) Date upon which land clearing is to com- or other competent professional indicat- mence. ing the probability of whether the grade (5) Valid reasons for the removal of trees. change will result in the death of trees intended to be preserved. Said statement (6) A tree inventory, for the portion of the site shall immediately be brought to the atten- to be developed, consisting of a scaled tion of the building official at the time the drawing of a scale of one inch equals 50 application is filed and prominently at- feet or less indicating: tached to the front of the application. a. Property boundaries. (9) A protection plan describing how pre- b. The location of all individual trees served trees shall be preserved on the site including the tree's common or sci- and adjacent properties during construc- entific name, and the diameter of tion, tree removal, and grading. each tree. (c) Time for application. Applications for land C. An indication of all trees proposed clearing permits shall be made prior to tree re- for removal and proposed to be re- moval or land clearing, except that if the tree tained. removal or land clearing is part of a proposed d. The location of existing and pro- development project that requires site plan or posed improvements, if any, includ- subdivision approval, the application shall be ing buildings, structures, impervi- submitted at the time the site plan or subdivision ous surfaces (e.g. pool decks, drives, application is submitted so that due consideration parking areas), stormwater reten- may be given to the protection of trees during the tion and detention areas, utilities site plan or subdivision process. Each application and other such improvements. Pro- for tree removal shall be subject to review under posed improvements shall be de- the site plan and subdivision process. picted as an overlay on existing trees (d) Approved site plans, permits, and develop- so as to clearly indicate which trees ment agreements. All permits issued by the build- must be removed in order to accom- ing official under this division shall be required to modate the construction of the im- be consistent, and not in conflict, with any plans, provements. permits, or development agreements approved by Upon request by the applicant, the the city council or other appropriate board. All building official or appropriate re- permits or portions thereof issued by the building view board may permit an applicant official in conflict with any such approval shall be Supp. No. 23 CD102:6 D VEGETATION § 102-40 deemed null and void and the approval of the city council or appropriate board shall remain in full force and effect. (e) Survey permit. A survey permit may be issued by the building official for the limited purpose of allowing land clearing and tree re- moval for surveys and soil or engineering testing according to the following: (1) (2) Tree removal and land clearing for sur- veying shall be subject to the land clear- ing and tree removal requirements of this division. The land clearing area for sur- veying shall not be greater than five feet in width or shall not be greater than eight feet in width with a reasonable turn- around for soil and engineering testing. The owner of the property proposed to be cleared or his authorized agent shall sub- mit a survey permit application to the building official, on such form as provided by the city. The survey permit shall expire after 30 days from the date of issuance. The building official may grant an admin- istrative waiver for an additional 30 days for hardship, including adverse weather, size of property and inability to obtain permits from other agencies. When a written survey permit has been issued, the applicant shall post the survey permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The survey permit shall remain posted on the affected property during all applicable land clearing activ- ity. It is the responsibility of the applicant to maintain the survey permit form in a clearly visible manner at all times. (f) Permit contents. The land clearing or sur- vey permit, when issued, shall specifically iden- tify which land areas may be cleared and which trees shall be permitted to be removed. The per- mit merely authorizes the removal of the trees specified therein. Nothing in this division shall be construed to require the removal of such trees by the permittee. (g) Duration of land clearing permit. A land clearing permit shall expire 90 days from the date of issuance for single-family projects and 180 days Supp. No. 23 for subdivisions, multifamily, commercial and in- dustrial projects. Two extensions of 30 days each may be authorized by the building official, pro- vided appropriate justification warrants, such as unusual weather, seasonal situations or inability to obtain permits from other agencies. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application. (h) Posting of land clearing permit. When a written land clearing permit has been issued, the applicant shall post the land clearing permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The land clearing permit shall remain posted on the affected property during all applicable land clear- ing activity and until final inspection by the city. It is the responsibility of the applicant to main- tain the land clearing permit in a clearly visible manner at all times. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-40. Permit criteria; exemptions; standards of review. (a) Permitted criteria. Upon receipt of a com- pleted application and verification by the building official, the building official may, after applying the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (1) For building and construction sites, as shown on city -approved site plans, pro- vided trees and landscaping are installed on the property in accordance with sec- tion 102-43 of this division. CD102:7 (2) The trunk of the tree is located closer than five feet to the foundation of an existing or proposed structure, and it is not feasible to relocate the structure, pro- vided trees and landscaping are installed on the property in accordance with sec- tion 102-43 of this division. (3) The trunk of the tree is located closer than ten feet from the foundation of an existing or proposed structure and the tree is considered having an aggressive root system or the natural mature height is greater than 30 feet and it is not feasi- § 102-40 CAPE CANAVERAL CODE ble to relocate the structure, provided trees and landscaping are installed on the property in accordance with section 102-43 of this division. (4) Trees severely diseased, severely injured or dead. (5) Trees that interfere with the construction or repair of public infrastructure and fa- cilities. (6) Undesirable trees, per section 102-53 of this division. (7) Trees that have been approved for re- moval by the building official and which shall be replaced elsewhere on the prop- erty. (b) Permit exceptions. The following tree re- moval activities are exempt from the permit re- quirements of this division: (4) Land clearing and tree removal activities authorized and preempted by state or federal law. (5) Trees planted specifically for silvicultural purposes provided the property owner can provide documentation to the city evidenc- ing that: (i) the property is requested as a silvicultural site with the division of for- estry; and (ii) trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property has, or intends to, generate income from the harvested trees. (6) The removal of any plant or tree that is an invasive or undesirable species as set forth in section 102-53. (7) The removal of vegetation that has been ordered by the city. (1) Trees removed by the city or other govern- (8) Land clearing and tree removal on parcels mental agency and which interfere with containing an existing residential single - the safety of the motoring public or dis- family dwelling unit or duplex or triplex rupt public utilities such as power lines, that have been issued a certificate of drainage systems and other public utili- occupancy. These parcels shall remain sub - ties. ject to the provisions of sections 102-41 and 102-45. (2) All trees and plants, within a licensed tree nursery, planted for harvest provided (g) said trees and plants are planted and growing on the premises of the licensee and are for sale or intended for sale in their ordinary course of business. (3) The emergency removal of a dead or seri- ously damaged tree, to mitigate an immi- nent threat to the health, safety, and welfare of the property owner or the gen- eral public. Prior to any emergency re- moval, the property owner shall be re- quired to document the immediate threat requiring emergency removal with the following: a. Photograph(s) of the tree(s), includ- ing any areas that may be damaged, diseased or infested; b. Approximate measurements of the tree height, spread, and DBH; and C. Distance to structure(s) or other im- movable, threatened target(s) if felled. Any parcel subject to a city development order authorizing the construction of a new residential single-family dwelling unit, duplex or triplex, or a subdivision with three or less single-family dwelling units. These parcels shall remain subject to the provisions of sections 102-41 and 102-45. (10) Land clearing and tree removal on unde- veloped parcels in the R-1, R-2 and R-3 zoning districts that are less than 10,000 square feet. These parcels shall remain subject to the provisions of sections 102-41 and 102-45. (e) Permitted standards of review. When mak- ing decisions under this division, the city shall be guided by the following standard of review guide- lines: Supp. No. 23 CD102:8 (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedes- trian or vehicular traffic or threaten to cause disruption to public services or a 19 D (2) (3) (4) (5) (6) (7) EE VEGETATION § 102-41 significant obstacle to accessing and uti- lizing public easements and rights-of-way. Necessity to remove trees which pose a clear and obvious safety hazard to build- ings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and nonoc- cupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural de- fects that pose a clear and obvious safety hazard to people, buildings or other im- provements on lot or parcel of land. The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are pro- posed to be cleared. Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. Good forestry practices, such as the num- ber of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. Necessity to remove trees in order to construct approved and permitted improve- ments to allow reasonable economic enjoy- ment of the property, including: a. Need for access around the proposed structure for construction equip- ment (maximum of ten feet). d. Need for locating street or road rights- of-way, utilities, drainage ways, as well as the need to provide reason- able use and property access. (9) The extent of any damage or demon- strated hardship which would result to the applicant from a denial of the re- quested permit. (10) The species and size of the trees proposed for removal. (11) The following factors shall also be consid- ered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, § 2, 1-5-10) Sec. 102-40.5. Reserved. Editor's note—Ord. No. 12-2009, § 2, adopted Jan. 5, 2010, repealed § 102-40.5, which pertained to small scale residential land clearing requirements and derived from Ord. No. 21-2005, § 2, adopted Jan. 3, 2006. Sec. 102-41. Specimen trees. (a) Specimen trees shall be preserved or relo- cated on site to the greatest extent feasible. (b) Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hard- ships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made in accordance with section 102-43, except replace- ment and/or tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees removed using the data in Table 1. (c) In reviewing an application for final permit to remove a specimen tree, the city council shall consider the following: b. Need for access to the building site for construction equipment. C. Essential grade changes. Supp. No. 23 CD102:9 (1) Whether the site design, as determined by a preland-clearing inspection, are fea- sible to allow the use permitted, as estab- § 102-41 CAPE CANAVERAL CODE lished by the applicable zoning district regulations. Streets, rights-of-way, ease- ments, utilities, lake perimeters and lot lines shall be shifted whenever possible to preserve trees. (2) Whether the specimen tree is located within the footprint of the proposed structure or if more than one-third of the specimen tree canopy would be required to be re- moved in order to accommodate the pro- posed structure, and whether or not it is feasible to relocate the structure. (3) Whether the location of the specimen tree prevents any access to the property from a publicly dedicated and maintained road- way, or whether the tree constitutes a hazard to pedestrian or vehicular traffic that cannot be mitigated without remov- ing the tree. (4) Whether the location of the specimen tree interferes with or prevents the construc- tion of utility lines, drainage facilities, roadways or required vehicular use area which cannot be practically relocated or rerouted. (5) Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, § 2, 1-5-10) Sec. 102-42. Special waiver provision. In furtherance of tree protection and preserva- tion and the related public purposes stated in section 102-37 of this division, any person or entity may request a limited waiver from any provision of the city's land development or zoning code upon submitting a written application pro- vided by the city. After review and recommenda- tion by the planning and zoning board, the city council may grant the waiver under the following conditions: (a) The waiver may be granted during the site plan review process. Such waiver shall be at the city council's sole discre- tion on a case -by case basis. (b) The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and/or the implementation of an extraor- dinary landscape plan that goes well be- yond the minimum requirements of the City Code including, but not limited to, planting additional and larger plant ma- terials and trees, planting premium A - grade plants and trees, incorporating dec- orative hardship features into the landscape design (e.g. fountains, decora- tive fences and walls, trellises, lighting, etc.), and planting premium A -grade plant materials and trees on public property. (c) The waiver is compatible with the sur- rounding area and the minimum waiver required to serve the public purpose stated herein. (d) No waiver shall be granted which changes the list of permitted, conditional, special exception, or prohibited uses or height restrictions set forth in any zoning dis- trict category. (e) The waiver must be consistent with the city's comprehensive plan. (f) The waiver is not adverse to the public health, safety and welfare. (g) Any waiver granted under this section shall automatically expire and be de- clared null and void if the underlying development order for the project expires. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-43. Tree replacement guidelines. (a) Tree replacement. All trees that are re- moved or destroyed and subject to replacement by this division shall be replaced by a desirable trees or such other trees properly approved by permit. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within 30 days of removal or destruction, which- ever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) Criteria. Criteria for replacement trees are as follows: Supp. No. 23 CD102:10 (1) Characteristics of replacement trees. The replacement tree(s) shall have at least it VEGETATION § 102-43 equal shade potential, screening proper- (6) Replacement guidelines. The following tree ties, and/or other characteristics compa- replacement guidelines shall apply: rable to that of the tree(s) requested to be a. All plant material shall be Florida removed. grades and standard one or better. (2) Size of replacement trees. Replacement b. For each tree located within a public tree(s) are to be made according to the conservation area (excluding juris- tree replacement standards set forth in dictional wetlands determined by the Table 1 or as otherwise agreed upon by St. John's River Water Management the city council and applicant. District or the U.S. Army Corp of Engineers, or as depicted on the map (3) Y-ee species. Relocated or replacement trees of existing wetlands in the city com- shall include only species and sizes de- prehensive plan) dedicated to the fined as desirable trees under this divi- city as part of a development project, sion. three replacement tree credits may be applied to the total number of (4) Ransplanting and maintenance require- trees required to be replaced by this ments. All trees transplanted pursuant to division. However, the minimum tree this division shall be maintained in a requirement set forth in section healthy, living condition. Any such trees 102-45 shall still apply. Such public which die shall be replaced and main- conservation area must be at least tained by the property owner. After accep- one-third acre with widths not less tante of the trees and landscaping by the than 75 feet, unless otherwise ap- city, the city shall retain jurisdiction for proved by the city council. In addi- two year to ensure compliance with this tion, trees approved by the building division. For new development projects official to reforest such conservation which require at least ten new trees, the area shall also be applied to the city may require a performance bond in a replacement requirement on a one - form acceptable to the city attorney, as a for -one basis. condition of site plan or other permit C. If the city council determines, due to approval, in order to ensure compliance site conditions or configuration, it is with this subsection. impossible or impracticable for the (5) Waivers of replacement tree(s) specifica- applicant/developer to meet the re - tions. The number of required replace- quirements for tree replacement, un- ment trees may be waived by the city der this subsection, the city council council, if the city council determines that may allow the applicant/developer to the remaining number of trees to be pre- pay into the city's "tree bank" the served on site are of sufficient number amount it would have spent on re - and quality to substantially comply with placement trees. the purpose and intent of this division d. Tree replacement credit shall be gl- and a tree replacement fee is paid to the lowed for the installation of pre - city's "tree bank". The contribution to the ferred trees in accordance with the tree bank may be waived by the city provisions set forth in Table 1 and council for individual homeowners, on a section 102-54. In addition, for new case-by-case basis, if the homeowner can development, tree replacement credit demonstrate that the payment of the fee shall be allowed for the preservation will cause the homeowner an undue eco- of existing desirable trees on the nomic hardship. Substitute tree(s) al- development site, excluding wetland lowed under this waiver provision must areas and existing conservation ar- have the approval of the city council. eas, as follows: Supp. No. 23 CD102:11 § 102-43 CAPE CANAVERAL CODE Notwithstanding the application of tree replacement credits, the mini- mum number of trees to be planted under section 102-45 shall apply un- less the city council approves an in lieu of tree bank contribution. e. Trees shall not be planted under power lines. f. Diversity of species shall be required for replacement trees and the num- ber of each species shall be approved by the city. To the extent feasible, the city should endeavor to require no more than 25 percent of the replace- ment trees from a single species. (c) Replacement cost. The property owner shall be responsible for the cost of replacing the trees removed from their property. (d) Elimination of undesirable trees and shrubs. The natural vegetative communities existing within the city shall be protected by the control and elimination of invasive, nonnative species. To that end, the following guidelines shall apply: (1) Planting of trees and shrubs on the unde- sirable species list is prohibited. (2) Removal of trees and shrubs on the unde- sirable species list in section 102-53, from commercial, office, industrial, or multifam- ily sites (excluding jurisdictional wet- lands), shall be completed, whenever prac- ticable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Control and elimination procedures shall in no way promote the proliferation of the species through the dispersal of seed or other vegetatively reproducing parts. (4) Control and elimination procedures shall in no way harm or cause the decline of preserved or planted trees and landscap- ing. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 01-2014, § 2, 1-21-14) Sec. 102-44. Prohibitions. (a) Placement of materials, machinery, or tem- porary soil deposits. It shall be unlawful to place material, machinery, or temporary soil deposits within the tree protection zone, before or during construction. Before or during construction the builder shall erect and maintain suitable protec- tive barriers around all trees to be preserved. Upon written request, the building official, on a case-by-case basis, may allow material or tempo- rary soil deposits to be stored within the protec- tive barrier if no other storage is available. (b) Climbing spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree, where such device causes the puncture or tears the bark of the tree. (c) Tree spiking. It shall be unlawful to intro- duce any type of poison or reactive material to a tree for the purpose of causing it to die or become diseased. (d) Structure and pavement location. It shall be unlawful to place any permanent structure or impervious paving (except sidewalks) within eight - foot radius of any tree trunk or stem having a diameter of four inches or more at caliper. (e) City trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city prop- erty without the permission of the city evidenced by the appropriate permit. (f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or spikes, having a diameter of four inches or more at caliper, other than protective wires, braces or other similar noninjurious materials. Supp. No. 23 CD102:12 9 Reduction in Replacement DBH of Preserved nee 7}ees 4" up to, but not including, 1 credit 9" 9" up to, but not including, 2 credits 12" 12" up to, but not includ- 3 credits ing, 16" 16" up to, but not includ- 4 credits ing, 24" Specimen and Historic 0 credits Mrees Notwithstanding the application of tree replacement credits, the mini- mum number of trees to be planted under section 102-45 shall apply un- less the city council approves an in lieu of tree bank contribution. e. Trees shall not be planted under power lines. f. Diversity of species shall be required for replacement trees and the num- ber of each species shall be approved by the city. To the extent feasible, the city should endeavor to require no more than 25 percent of the replace- ment trees from a single species. (c) Replacement cost. The property owner shall be responsible for the cost of replacing the trees removed from their property. (d) Elimination of undesirable trees and shrubs. The natural vegetative communities existing within the city shall be protected by the control and elimination of invasive, nonnative species. To that end, the following guidelines shall apply: (1) Planting of trees and shrubs on the unde- sirable species list is prohibited. (2) Removal of trees and shrubs on the unde- sirable species list in section 102-53, from commercial, office, industrial, or multifam- ily sites (excluding jurisdictional wet- lands), shall be completed, whenever prac- ticable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Control and elimination procedures shall in no way promote the proliferation of the species through the dispersal of seed or other vegetatively reproducing parts. (4) Control and elimination procedures shall in no way harm or cause the decline of preserved or planted trees and landscap- ing. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 01-2014, § 2, 1-21-14) Sec. 102-44. Prohibitions. (a) Placement of materials, machinery, or tem- porary soil deposits. It shall be unlawful to place material, machinery, or temporary soil deposits within the tree protection zone, before or during construction. Before or during construction the builder shall erect and maintain suitable protec- tive barriers around all trees to be preserved. Upon written request, the building official, on a case-by-case basis, may allow material or tempo- rary soil deposits to be stored within the protec- tive barrier if no other storage is available. (b) Climbing spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree, where such device causes the puncture or tears the bark of the tree. (c) Tree spiking. It shall be unlawful to intro- duce any type of poison or reactive material to a tree for the purpose of causing it to die or become diseased. (d) Structure and pavement location. It shall be unlawful to place any permanent structure or impervious paving (except sidewalks) within eight - foot radius of any tree trunk or stem having a diameter of four inches or more at caliper. (e) City trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city prop- erty without the permission of the city evidenced by the appropriate permit. (f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or spikes, having a diameter of four inches or more at caliper, other than protective wires, braces or other similar noninjurious materials. Supp. No. 23 CD102:12 9 VEGETATION § 102-46 (g) Cut and fill guidelines. It shall be unlawful to remove or add any material or ground within the tree protection zone unless otherwise permit- ted by the building official. (h) Encroachment of the dripline. During the construction stage of development, the developer or property owner shall not cause or allow land clearing, the use of heavy equipment or material within the dripline of any tree or groups of trees to be retained. Neither shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the dripline of any tree or groups of trees, or where planting beds are to be situated. (i) Shearing, hat racking, topping or poodle trimming of trees (lollipop), lions -tailing, pollard- ing of trees. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to engage in excessive pruning techniques on trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be allowed with a permit by demon- strating necessity or without a permit in times of emergency only. The following are deemed unlaw- ful excessive pruning techniques which are pro- hibited on shade trees: (1) Lions tailing. The improper practice of removing most secondary and tertiary branches from the interior portion of the canopy leaving most live foliage at the edge of the canopy. (2) Topping, hatracking, stag heading, dehorn- ing, lopping, and rounding over. The im- proper practice of reducing tree size by making heading cuts through a stem more than two years old; a pruning practice that destroys tree architecture and serves to initiate discoloration and perhaps de- cay in the cut stem. (3) Pollarding. The pruning technique that removes sprouts back to the same location annually or biannually maintaining a tree to a specific height. (4) Shearing. A pruning technique which is typically accomplished with cuts made Supp. No. 23 through wood less than a year old at the sides of the canopy to create uniform dense canopies. (5) Poodle trimming. Combines shearing and removing lower limbs to create tree forms that look like a "lollipop." (j) Construction near adjacent property. Walls, structures, and pavement shall not be con- structed in any way which will result in damage to roots within the tree protection zones of trees located on adjacent properties. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-45. Minimum tree requirement. No certificate of occupancy shall be issued on the types of construction indicated below unless the underlying parcel has at least the required minimum number of approved trees: (a) Any new single-family, duplex or triplex dwelling unit on a lot of less than 7,500 square feet: not fewer than two trees. Each tree shall be at least eight feet tall with one and one-half inch dbh minimum and a two -foot spread. Palm trees shall have at least six feet of clear trunk. (b) Any new single-family, duplex, and tri- plex dwelling unit on a lot equal to 7,500 square feet or greater: not fewer than two trees plus one additional tree for each 4,000 square feet or fraction thereof over 7,500 square feet. Each tree shall be at least eight feet tall with one and one-half inch dbh minimum and a two -foot spread. Palm trees shall have at least six feet of clear trunk. (c) Any commercial, industrial, multifamily or other structure requiring site plan ap- proval under the city land development regulations: no fewer than six trees or four trees per acre, whichever is greater. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, § 2, 1-5-10) Sec. 102-46. Tree protection during develop- ment and construction; peri- odic inspection. (a) Restrictions during construction. It shall be unlawful for any person, during the construction of any structures or other improvements, to place CD102:13 § 102-46 CAPE CANAVERAL CODE solvents, petroleum products, paint or masonry materials, construction machinery or temporary soil deposits within the dripline of any tree for which a tree removal permit is required but has not been obtained. This provision includes soil that is placed in the dripline permanently for the purpose of a grade change, unless the grade is changed according to the guidelines described in the Florida Division of Forestry, Department of Agriculture and Consumer Services publication, Tree Protection Manual for Buildings and Devel- opers. (b) Burden of tree protection on property owner. It shall be the responsibility of a property owner and their agents to ensure that any tree shown on the tree inventory for which a tree removal per- mit has not been obtained is to be protected. The property owner shall guarantee survival of re- tained trees and replacement trees for two years from the date that the city accepts the trees and landscaping, unless a greater time period is re- quired by development agreement. If a retained or replacement tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action approved un- der section 102-43 of this division. For new devel- opment projects, the city may require a perfor- mance bond in a form acceptable to the city attorney, as a condition of site plan or other permit approval, in order to ensure compliance with this subsection. (c) Protective barriers and signage required. Protective barriers shall be installed prior to construction around every tree or group of trees to be preserved. Waterproof, rigid "Protection Zone Area" signs, as shown on Appendix A: Tree Pro- tection Area Signage and not smaller than two feet by three feet shall be posted at 100 -foot increments along the protective barriers. (d) Site inspections. The building official may conduct periodic inspections of the site. It is the responsibility of the property owner and their agents to ensure that all provisions of this divi- sion are met. (e) Adjacent properties. The property owner and their agents shall ensure that the tree pro- tection zones of trees located on adjacent proper- ties are protected in the same manner that trees located on the development site are protected. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-47. Voluntary tree planting. This division shall not be interpreted to re- strict, regulate or limit the voluntary planting of any tree within the city, except undesirable spe- cies which are prohibited. The provisions of this division govern only the planting of trees which are required to be planted or retained under this division. Trees or plants planted in the city's rights-of-way are subject to removal or trimming by the city at any time. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-48. Waivers; incentive program; ad. ministrative interpretation ap- peals; incentive program. (a) Waivers of division requirements. The city council may grant a waiver to provisions of this division where the applicant demonstrates that the literal interpretation of the division will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the division. (b) Administrative interpretation appeals. Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division may appeal that interpretation to the city council by filing a written notice of appeal of said interpre- tation within 30 calendar days of said interpreta- tion. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of Supp. No. 23 CD 102:14 D K 9 31 ON VEGETATION § 102-52 appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mu- tual agreement between the city and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. (c) Incentive program. The city council re- serves the right to offer and approve incentives for purposes of protecting and preserving mature trees and planting enhanced landscaping. Such incentives shall have a public benefit and may include, but are not limited to, waiving provisions of the city's land development and zoning code in accordance with section 102-42 of this division and providing credits to city development fees. Any incentives granted under this subsection shall be consistent with the comprehensive plan and shall be by development agreement or other formal approval by the city council. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-49. Remedial action. (a) Violations require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall re- quire mitigation of any other damage to the property, as well as tree replacements. The resto- ration plan shall be in addition to any civil pen- alty imposed by the city under section 102-38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a con- tribution to the tree bank equal to four times the contribution listed on Table 1 or planting four desirable species in accordance with section 102-54 before issuance of a certificate of occupancy or Supp. No. 23 certificate of completion. Palm trees may only be used to satisfy up to 25 percent of any hardwood remediation. (c) Property owner to guarantee survival of replaced trees. The property owner shall guaran- tee the survival of the trees required to be placed under subsection (b) above for a period of two years from the date the city accepts the trees and landscaping, unless a greater time period is re- quired by development agreement. If the replace- ment tree dies, the tree shall be replaced in accordance with this section. For new develop- ment projects or violations involving the unlawful removal of more than five trees, the city may require a performance bond in a form acceptable to the city attorney, as a condition of approving the restoration plan, in order to ensure compli- ance with this subsection. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, § 2, 1-5-10; Ord. No. 01-2014, § 2, 1-21-14) Sec. 102-50. Open burning of natural cover. Open burning of natural cover which is the result of land clearing is prohibited. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-51. Rules and regulations and fees for implementing this division. The city council may adopt, by resolution, such administrative rules and regulations and fees that are necessary and proper to implement this division. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-52. List of desirable species and plants. All trees and plants required to be installed under this division or elsewhere in the City Code shall be selected from the list of desirable species and plants in the current edition of the Florida Native Plant Society's list of Native Plants, as applicable to the East Central Florida Region. The list of trees and plants are intended to provide the developer and homeowner a selection of appropriate native and suitable vegetation for proposed landscaping plans. Native vegetation is ideal for landscaping since these plants have become adopted [adapted] to the county's partic- CD102:15 § 102-52 CAPE CANAVERAL CODE ular set of climatic conditions. The city council hereby finds that if native and other desirable vegetation suitable for the city's climatic condi- tion are utilized in the form and size context in which they naturally occur, a long-lived and main- tenance -free landscape scheme will result within the city. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 01-2014, § 2, 1-21-14) Sec. 102-54. Tree replacement standards. Sec. 102-53. List of undesirable species. The planting of any tree and plant listed in the current edition of the Florida Exotic Pest Plant Council's Invasive Plant Species List, as applica- ble to the East Central Florida Region, is strictly prohibited within the city. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 01-2014, § 2, 1-21-14) Table 1. City of Cape Canaueral Tree Replacement Standards Number of Replacement Number of Replacement Small Trees or Palms Re - Trees (1.5" minimum dbh quired for Each Tree Re - each) Required for Each mooed (Palms must have DBH of Protected Tree Tree Remoued at least 6 feet of clear trunk) Contribution to Tree Bank* 4" up to, but not including, 8" 1 or 1 or $250.00 8" up to, but not including, 12" 2 or 2 $500.00 12" up to, but not including, 16" 3 Not allowed $750.00 16" up to, but not including, 24" 4 Not allowed $1,000.00 >24" To be preserved; see To be preserved; see To be preserved; see § 102-41 § 102-41 § 102-41 *These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation and establishment. (Ord. No. 12-2009, § 2, 1-5-10; Ord. No. 01-2014, § 2, 1-21-14) Supp. No. 23 CD102:16 O VEGETATION Ch. 102, App. A APPENDIX A. TREE PROTECTION AREA SIGNAGE TREE PROTECTION Machinery, Dumping, Construction, Parking, or Storage of Any Materials is PROHIBITED By City of Cape Canaveral Violators are subject to a civil penalty of up to $5000 per violation and restoration requirements. Enforced by the City of Cape Canaveral pursuant to City of Cape Canaveral Tree Preservation & Landscaping Code § 102-37, et. seq. The sign shall be made of rigid material such as wood, metal, or durable plastic. Non -rigid materials such as paper, cardboard, cellophane, or foil are not acceptable. The sign shall be two (2) feet wide by three (3) feet long. Supp. No. 23 CD102:17 This page is intentionally left blank Division 2. Development Plans Sec. 110-421. Application. Sec. 110-422. Procedure for receiving approval of preliminary development plan and tentative zoning. Sec. 110-423. Procedure for approval of final development plan. Secs. 110-424-110-435. Reserved. Division 3. Land Use Regulations ZONING Minimum size. Sec. 110-404. Common open space, drainage systems, private roads and other Sec. 110-438. Minimum common recreation and open space. related common facilities. Minimum lot area; frontage; setbacks; accessory uses. Sec. 110-405. Physical review. Sec. 110-441. Sec. 110-406. Building permit. Offstreet parking. Sec. 110-407. Bonding. Sec. 110-444. Sec. 110-408. Termination zone. Preservation of trees. Sec. 110-409. Enforcement. Sec. 110-477. Secs. 110-410-110-420. Reserved. Division 2. Development Plans Sec. 110-421. Application. Sec. 110-422. Procedure for receiving approval of preliminary development plan and tentative zoning. Sec. 110-423. Procedure for approval of final development plan. Secs. 110-424-110-435. Reserved. Article IX. Supplementary District Regulations Division 3. Land Use Regulations Sec. 110-436. Minimum size. Sec. 110-437. Maximum density. Sec. 110-438. Minimum common recreation and open space. Sec. 110-439. Minimum lot area; frontage; setbacks; accessory uses. Sec. 110-440. Maximum length of structures. Sec. 110-441. Minimum floor area. Sec. 110-442. Offstreet parking. Sec. 110-443. Underground utilities. Sec. 110-444. Development standards. Sec. 110-445. Preservation of trees. Secs. 110-446-110-465. Reserved. Article IX. Supplementary District Regulations Division 1. Generally Sec. 110-466. Application of performance standards. Sec, 110-467. Garage sales. Sec. 110-468, Accessory structures. Sec. 110-469. Visibility at intersections. Sec. 110-470. Fences, walls and hedges. Sec. 110-471. Exceptions to height regulations. Sec. 110-472. Access. Sec. 110-473. Minimum width of courts. Sec. 110-474. Water areas. Sec. 110-475. Sidewalks required. Sec. 110-476. Dedicated public land. Sec. 110-477. Dedicated public easement. Sec. 110-478. Residential use antennas/satellite dishes. Sec. 110-479. Sewage disposal. Sec. 110-480. Atomic energy uses. Sec. 110-481. Building required for commercial uses. Sec. 110-482. Underground utilities required. Sec. 110-483. Wireless communications towers and antennas. Sec. 110-484. Emergency pad -mounted generators. Sec. 110-485. Liquefied petroleum gas. Sec. 110-486. Vacation rentals. Sec. 110-487. Rental restrictions on dwelling units. Sec. 110-488. Assisted living facilities. Supp. No. 23 CD110:5 Supp. No. 23 CAPE CANAVERAL CODE Sec. 110-489. Pain management clinic and medical marijuana treatment center regulations. 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 Division 7. Landscaping and Vegetation Sec. 110-566. Landscaping and screening between commercial or industrial zoning districts and residential zoning districts. Sec. 110-567. Interior landscaping for offstreet parking areas. Sec. 110-568. Reserved. Secs. 110-569-110-580. Reserved. Division 8. Swimming Pools Sec. 110-581. Construction and location. Sec. 110-582. Swimming pool barriers. Sec. 110-583. Accessories. Sec. 110-584. Minimum setbacks. CD 110:6 boat trailers. Sec. 110-552. Living aboard boats. Sec. 110-553. Living or residing in automotive vehicles. Sec. 110-554. Parking and storage of certain vehicles. Sec. 110-555. Paving of vehicular use areas. Sec. 110-556. Vehicle rental facility. Secs. 110-557-110-565. Reserved. Division 7. Landscaping and Vegetation Sec. 110-566. Landscaping and screening between commercial or industrial zoning districts and residential zoning districts. Sec. 110-567. Interior landscaping for offstreet parking areas. Sec. 110-568. Reserved. Secs. 110-569-110-580. Reserved. Division 8. Swimming Pools Sec. 110-581. Construction and location. Sec. 110-582. Swimming pool barriers. Sec. 110-583. Accessories. Sec. 110-584. Minimum setbacks. CD 110:6 ZONING Article X. AIA Economic Opportunity Overlay District Division 1. Generally Sec. 110-585. Introduction. Sec. 110-586. Boundary and organization. Sec. 110-587. Applicability. Sec. 110-588. Purpose. Sec. 110-589. Goals. Sec. 110-590. Objectives. Sec. 110-591. Design principles. Sec. 110-592. Definitions. Secs. 110-593-110-603. Reserved. Division 2. Administration Sec. 110-604. Intent. Sec. 110-605. General. Sec. 110-606. Procedures for design compatibility approvals. Sec. 110-607. Plan submittals. Sec. 110-608. Nonconforming uses, structures and buildings. Sec. 110-609. Use matrix. Sec. 110-610. Similar and compatible uses. Secs. 110-611-110-620. Reserved. Division 3. Site Planning Sec. 110-621. Intent. Sec. 110-622. LEED or LEED equivalent design. Sec. 110-623. Building orientation. Sec. 110-624. Building height. Sec. 110-625. Building setback. Sec. 110-626. Project size. Sec. 110-627. Lot coverage. Sec. 110-628. On-site circulation. Sec. 110-629. Utility and service areas. Secs. 110-630-110-640. Reserved. Division 4. Architectural Guidelines Sec. 110-641, Intent. Sec. 110-642. Similar and compatible design Sec. 110-643. Articulation. Sec. 110-644. Building continuity. Sec. 110-645. Scale. Sec. 110-646. Proportion. Sec. 110-647. Rhythm. Sec. 110-648. Entry treatment. Sec. 110-649. Roof lines. Sec. 110-650. Exterior surface materials. Sec. 110-651. Windows and transparency. Sec. 110-652. Storefronts. Sec. 110-653. Color. Sec. 110-654. Awnings and canopies. Sec. 110-655. Ground floor lighting. Sec. 110-656. Utilities and stormwater management area screening. Secs. 110-657-110-667. Reserved. Supp. No. 23 CD110:7 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 Sec. 110-705. Projecting signs. 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. Definitions. Sec. 110-702. All signs. Purpose and intent. Sec. 110-703. Awning signs. Permitted uses. Sec. 110-704. Pedestrian signs. Common open space, drainage systems, and other related com- Sec. 110-705. Projecting signs. mon facilities. Sec. 110-706. Wall signs. Physical review. Sec. 110-707. Hanging signs. Building permit. Sec. 110-708. Window signs. Revocation. Sec. 110-709. Business park/area multi-user sign. Enforcement. Secs. 110-710-110-719. Reserved. Reserved. Article X1. 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. 19 Supp. No. 23 CD110:8 ZONING § 110-1 Qe D D Lot dimensions means as follows: (1) Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. (2) Width of a lot shall be considered to be the distance between straight lines connect- ing front and rear of the required front setback; provided, however, that width between side lot lines at their foremost points, where they intersect with the street lines, shall not be less than 80 percent of the required lot width, except for lots on the turning circle of culs-de-sac, where the 80 -percent requirement shall not ap- ply; provided, however, that all lots shall have a minimum of 25 feet facing a street. Lot frontage means the narrowest portion of the lot fronting on a dedicated, accepted or main- tained street right-of-way. Lot, interior, means a lot with only one frontage on a street. Lot line means the boundary line of a lot. Lot of record means a lot whose existence, location and dimension have been legally re- corded or registered in a deed or on a plat. Lot, reversed frontage, means a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed front- age lot may also be a corner lot, an interior lot or a through lot. Lot, through, means a lot other than a corner lot with frontage on more than one street. A through lot abutting two streets may be referred to as a double frontage lot. Major recreational equipment means boats and boat trailers, travel trailers, trailers for transport- ing motorized vehicles, pickup campers or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, including the coverings. Manufactured housing or building means a closed structure, building assembly or system of Supp. No. 23 subassemblies, which may include structural, elec- trical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or with- out other specified components, as a finished building or as part of a finished building, which shall include but not be limited to residential, commercial, institutional, storage and industrial structures. This does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufactur- ing facilities away from the building site, for installation or assembly and installation on the building site. Marina means a place for docking boats or providing services to boats and occupants thereof, including servicing and repairing boats, sale of fuel and supplies and provision of food, beverages and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel or similar use, where docking of boats and provi- sion of services thereto is incidental to other activities, shall not be considered as a marina nor shall boat docks accessory to a multiple -family dwelling where no boat -related services are ren- dered. Medical or dental clinic means a building where patients, who are not lodged overnight, are admit- ted for examination and treatment by one person or group of persons practicing any form of the healing arts services to individuals, whether such persons are medical doctors, chiropractors, osteo- paths, chiropodists, naturopaths, optometrists, dentists or any similar profession, the practice of which is licensed in the state. The term does not include a place for the treatment of animals and does not include pain management clinics. Medical marijuana treatment center means an entity that acquires, cultivates, possesses, pro- cesses (including development of related products such as food, tinctures, aerosols, oils, or oint- ments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educa- tional materials to qualifying patients or their personal caregivers and is registered by the state department of health. CD110:13 § 110-1 CAPE CANAVERAL CODE Mini -storage means the renting of storage space which is utilized for the incidental storage of personal effects, which space shall not exceed 280 square feet of net floor area. When used for such a purpose, such property may not be used in combination with any other use, with the excep- tion of storage garage. Mobile home means a structure as defined in F.S. § 553.36(12). Mobile home park means a single parcel of ground on which there are sites to be leased or rented to tenants for the purpose of parking mobile homes. Motel means a building or combination of build- ings in which lodging is provided and offered to the public for compensation and duly licensed pursuant to F.S. ch. 509, under single ownership and operation. As such it is open to the public the same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress to rooms need not be through a lobby or office and parking usually is adjacent to the dwelling unit. There shall be a minimum of six guestrooms per building and a minimum of 150 guestrooms per motel. As used in this defini- tion, the term "guestroom" means those rooms intended or designed to be used or which are used rented or hired out to be occupied or which are occupied, for sleeping purposes by guests. Motor travel home means a self-propelled vehi- cle containing living facilities and customarily used for camping or recreational uses. Net residential acre means the horizontal acre- age of a lot devoted exclusively to residential uses and their appurtenant accessory uses. Such area shall include the building site, recreation areas, open space, swimming pools, parking, drives, set- back areas and the like. Net residential acreage does not include areas used for nonresidential purposes, streets, waterways, offices, golf courses or any other use not developed for the exclusive use of the property's residents. Nonconformity means any lot, use of land, use of structure, use of structure and premises or characteristics of any use which was lawful at the time of enactment of the ordinance from which this section is derived but which does not conform with the district in which it is located. Nonhazardous material means any material which does not increase or cause an increase of the hazard of menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. Occupied means the use of a structure or land for any purpose, including occupancy for residen- tial, business, industrial, manufacturing, storage and public use. Oceanfront lot means a lot that is contiguous with the ocean beach and which is considered as fronting on a public street and includes those lots adjacent to a dedicated street. All lots contiguous with the ocean beach shall be considered interior lots. Open shed means any structure that has no enclosing walls. Open space area means that area of the lot which is to be left open for free circulation of air and which provides an area for recreational and leisure pursuits. Not to be included as part of open space area are building setbacks, areas occupied by all building structures, parking ar- eas, roads and drives. Recreational areas may be included. Swimming pools may be included in the calculation of minimum open space. Outside storage shall mean the commercial storage of licensed recreational vehicles, trailers, and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a com- pletely enclosed building for a continuous period of longer than 24 hours. Pain management clinic means a publicly or privately owned facility that advertises in any medium for any type of pain management ser- vices; or where in any month, a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain. Registration with the Florida Department of Health pursuant to F.S. §§ 458.3265 or 459.0137, shall be prima facia evidence of operating as a pain management Supp. No. 23 CD110:14 9 D ZONING § 110-1 clinic. Expressly exempted from this definition are hospitals, nursing homes, ambulatory surgi- cal care centers, hospice or intermediate care facilities for the disabled, or clinics which are affiliated with an accredited medical school at which training is provided for medical students, residents or fellows. Parking space, offstreet, consists of a minimum paved area of 200 square feet for parking an automobile, exclusive of access drives or aisles thereto. Patio. See the definition of "terrace." Paving may consist of the following materials: macadam, asphalt, concrete, pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material shall have a finished surface and must be contained by a permanent border and properly maintained. Playground means an area of land set aside for outdoor recreation used by children for play and often equipped for specific activities. Playground may also be that part of a park or outdoor recre- ation facility set aside for such use by children. A playground may be public or private; however, any recreational area established for prekinder- garten children only or for adults or college stu- dents primarily shall not be considered a play- ground. Principal use of structure means a building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the dwelling is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building shall comprise a part of the principal building. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any acces- sory building. A detached and structurally inde- pendent garage, carport or other structure con- forming as an accessory building may be attached to the principal buildings by an open breezeway Supp. No. 23 not to exceed six feet in width. A connecting roof breezeway in excess of six feet and enclosed on one or both sides, including louvers, lattice or screening, shall cause the entire structure to be construed as the principal building and shall be subject to the sections applicable to the principal building. Public use means any use of land or a structure owned and operated by a municipality, county or the state or federal government or any agency thereof and for a public service or purpose. Recreational vehicle means a unit designed as temporary living quarters for recreational, camp- ing or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The term includes travel trailer, camping trailer, truck camper, motor home and wheeled recreational trailer. Redevelopment means the process of demoli- tion of existing improvements and the construc- tion of new improvements on a site. Residential district means that area set aside primarily for use as low and medium density residential housing. Restaurant means any building or structure or portion thereof in which food is prepared and served for pay to any person not residing on the premises and which, at all times, derives not less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises (such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately pre- vious 12 -month period). Right-of-way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Satellite dish means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas. CD110:15 § 110-1 CAPE CANAVERAL CODE Schoolgrounds means all the land included in the lot or parcel upon which a school building is regularly used, except during vacation periods, by elementary and secondary school students. The school and land may be public or private. Service station means a building and premises where petroleum products are supplied at retail, as a primary use, and where, in addition, services may be rendered and sales made as specified by this chapter. Setback means a required open space on the same lot with a principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as specified in sections 110-468, 110-492, 110-538 and 110-567. All re- quired setback areas shall be properly main- tained and open space areas within the setback areas (except parking and other legal encroach- ments) shall be landscaped with greenery (sod). Shed means any structure built for the sup- port, shelter or enclosure of persons, animals, chattels or property of any kind which has enclos- ing walls for less than 50 percent of its perimeter. Shopping center means three or more units for purposes of mercantilism. Sign means the same as defined in chapter 23 of the building code adopted in section 82-31. Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, com- fort, convenience, appearance, prosperity or gen- eral welfare. Such uses as may be permitted by the board of adjustment are identified for each zoning district as special exceptions. Story means that portion of a building included between the floor surface and the upper surface of the floor next above or any portion of a building used for human occupancy between the topmost floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story. Street means a public or private right-of-way set aside for public travel. Street centerline means the midpoint of the street right-of-way. Street, private, means a private way set aside for vehicular traffic that exceeds 200 feet in de- veloped length or serves four or more residential, commercial or any combination of residential and commercial units. Private streets shall be in- stalled in accordance with section 98-92. Street right-of-way means the property line which bounds the right-of-way set aside for use as a street. Structure means that which is built or con- structed. Swimming pool means any portable pool or permanent structure containing a body of water 18 inches or more in depth or 250 square feet of surface area or more of water service area, includ- ing an ornamental reflecting pool or fish pond or other type of pool, regardless of size, unless it is located and designed so as not to create a hazard or not be used for swimming or wading. Tent means a collapsible shelter of canvas or other fabric -type material. Terrace means an open space adjacent to the principal building on one or two sides, prepared with a hard, semihard or improved surface, for the purpose of outdoor living. Total floor area or gross floor area means the area of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages. Townhouse means a single-family dwelling unit constructed in a series or group of attached units with property lines separating such units. Trailer means a portable structure having no foundation other than wheels, jacks or blocks that will not be a hazard to adjacent buildings and that is also fully enclosed, operable and licensed. Trailer park means an area duly licensed by the city and approved by the state board of health, which is designed, constructed, equipped, oper- ated and maintained for the purpose of providing space for and otherwise servicing mobile homes and trailers. Supp. No. 23 CD110:16 D 9 it ZONING § 110-3 Travel trailer. See the definition of "recre- ational vehicle." Utility access easement means an easement less than 20 feet wide, dedicated and used for utilities and utility vehicles. The term does not qualify as an alley pursuant to chapter 98 per- taining to subdivisions. Vacant means a building or parcel of land that is neither occupied nor used. Variance means a relaxation of the terms of this chapter when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in un- necessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, size of structure or size of yards and open spaces; establishment or expansion of a use oth- erwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or used in an adjoining zoning district. Wall means a structure forming a physical barrier, which is constructed of concrete or ma- sonry composite. Wall, concrete boundary, means a structure constructed using concrete, either poured or in block form, along the property boundary or within the setback and used as a dividing line between parcels of property in a residential zone, specifi- cally excluding townhouse interior party walls. Yard means all open space on the same lot as the principal building, which space is unoccupied and unobstructed by buildings from the ground upward, except as otherwise provided. The term generally applies to the area from each lot line to the principal building and its attached porches, sheds, carports, garages and storage areas. (Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96; Ord. No. 9-97, § 1, 9-2-97; Ord. No. 19-98, §§ 1-3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No. 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00; Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 02-2004, § 2, 3-02-04; Ord. No. 01-2007, § 2, 2-20-07; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 04-2008, § 3, 5-6-08; Ord. No. 13-2009, § 2, 12-15-09; Ord. No. Supp. No. 23 05-2010, § 2, 4-20-10; Ord. No. 17-2010, § 2, 11-16-10; Ord. No. 04-2011, § 2, 6-21-11; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 02-2012, § 2, 3-20-12; Ord. No. 06-2012, § 2, 4-17-12; Ord. No. 03-2013, § 2, 3-19-13; Ord. No. 04-2013, § 2, 3-19-13; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 06-2013, § 2, 6-18-13; Ord, No. 09-2014, § 2, 9-16-14) Cross reference -Definitions and rules of construction generally, § 1-2. Sec. 110-2. Board of adjustment. (a) A board of adjustment is established and shall consist of seven members. (b) The board of adjustment shall have the powers and duties to consider applications for special exceptions, variances, and administrative appeals under this chapter. (c) The board of adjustment shall not incur any debts or enter into any contracts or obliga- tions which would be enforceable against the city, unless prior approval has been obtained from the city council. (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007, § 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11) Sec. 110-3. Planning and zoning board. (a) The planning and zoning board is estab- lished and shall consist of seven members. (b) The planning and zoning board shall oper- ate exclusively in an advisory capacity, and no ruling, decision or recommendation of the board shall be binding. (c) The board shall perform such duties as are conferred on it by this Code and the city council and shall, from time to time, make studies on planning and zoning matters affecting the health, welfare, safety and morals of the people of the city. (d) No problem or situation relating to zoning shall be submitted to the city council prior to being submitted to and acted upon by the plan- ning and zoning board. Such problems or situa- tions relating to zoning shall include but not be limited to the following: CD 110:17 (1) Changes in zone classification. § 110-3 CAPE CANAVERAL CODE (2) Changes in zoning district boundaries and zoning maps. (3) Review and revision of zoning sections. (4) Recommendation concerning a master plan and periodic review thereof. (e) The planning and zoning board shall make recommendations concerning rezonings, special exceptions and site plans in accordance with this chapter. (f) The board secretary shall, after each meet- ing of the planning and zoning board, transmit a copy of the board's minutes to each member of the city council, the city clerk and the city attorney. Such minutes shall include the board's recommen- dations on any matter coming before it, including a short statement setting forth the facts upon which the board's recommendations were based, as well as the board's reasons for the recommen- dation. (g) The planning and zoning board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained from the city council. (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 13-2011, § 6, 12-20-11) Secs. 110-4-110-25. Reserved. ARTICLE II. PROCEDURE; LAND USE DECISIONS* DIVISION 1. GENERALLY Sec. 110-26. Intent and purpose. The intent and purpose of this article is to set forth the procedure and requirements for apply - *Editor's note Ord. No. 11-2005, § 2, adopted June 21, 2005, amended art. I1 in its entirety and enacted new provi- sions as set out herein. The former art. 1I pertained to board of adjustment and derived from Code 1981, §§ 645.13, 645.15, 645.17, 645.19, 645.21, 645.23, 645.27, 645.29, 645.31; Ord. 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, §§ 2A, 2B, adopted Dec. 17, 2002; and Ord. No. 12-2003, § 9, adopted July 1, 2003. ing for variances, special exceptions, rezonings and administrative appeals, as set forth in this article. (Ord. No. 11-2005, § 2, 6-21-05) Sec. 110-27. Authority. (a) Unless otherwise provided in this chapter, the city council shall render all final decisions regarding rezonings and the board of adjustment shall render all final decisions regarding vari- ances, special exceptions and administrative ap- peals. Final decisions of the board of adjustment and city council shall be subject to appellate review as set forth in this division. (b) The respective board rendering final deci- sions may impose reasonable conditions and safe- guards on any approved rezoning, variance, spe- cial exception or administrative appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and compre- hensive plan. Such conditions and safeguards, when made part of the terms under which the rezoning, variance, special exception, or adminis- trative appeal is granted, have the same force and effect as any other provision of this Code, and violation of same shall be deemed to be a violation of this Code and punishable by this Code. (c) All formal decisions shall be based on com- petent substantial evidence and the applicable criteria set forth in this article. (d) The city council may adopt, by resolution, quasi-judicial rules and procedures to implement this chapter. (e) All final decisions rendered under this chap- ter must be consistent with the city's comprehen- sive plan. (f) All final permits issued under this chapter may be temporarily suspended or absolutely re- voked by majority vote of the board that rendered the final decision if the board later determines at a public hearing that either: Supp. No. 23 CD110:18 (1) The applicant has obtained the final per- mit upon false statements, fraud, deceit, misleading or perjurious statements, or suppression of material facts; W It ZONING § 110-29 (2) The applicant has committed substantial violations of the terms and conditions of any final permit; or (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. (2) Posting at city hall and on the city's official website. (3) Notifying all owners of real property (in- cluding homeowner's and condominium associations) adjacent to and within 500 feet of the subject property. All notices required by this subparagraph may be sent by regular mail except that public hearings related to applications for rezon- ing shall be sent by certified mail, return receipt requested. Further, unless other- wise provided by law, notices required by this subsection shall only be mailed for the first public hearing before the first board required to hear an application under this article. Subsequent hearings on the same application shall not be re- quired to be noticed by this subsection. Supp. No. 23 Applicants shall be solely responsible for the costs incurred for notification under this subparagraph. (4) Notifying, by certified mail, the owner(s) of the subject property for which the ap- plication is being made. The notice requirements set forth in subsec- tions (1), (2), and (3) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this chapter. (c) When any proposed zoning district bound- ary change, variance, or special exception lies within 500 feet of the boundary of any property under another government's jurisdiction, notice shall be forwarded to the governing body of the appropriate government authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said proposed district boundary change, variance or special exception. (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007, § 2, 12-4-07; Ord. No. 04-2008, § 3, 5-6-08) Sec. 110-29. Applications. The city manager or the city manager's desig- nee is hereby authorized to prepare applications in furtherance of this chapter. At a minimum, all applications for rezonings, variances, special ex- ceptions, and administrative appeals shall be accompanied by the applicable application fee adopted by the city council and shall contain the following information: CD110:19 (1) A general description of the relief sought under this chapter. (2) A brief explanation as to why the applica- tion satisfies the relevant criteria set forth in this article. (3) The name(s) of the owner(s) of the partic- ular real property. (4) If the applicant is other than all of the owners of the particular property, written consent signed by all owners of the par- ticular real property shall be attached. (5) The legal description of the particular real property, accompanied by a certified § 110-29 CAPE CANAVERAL CODE survey or that portion of the map main- tained by the Brevard County Property Appraiser reflecting the boundaries of the real property. (6) The current and future land use and the zoning designations on the real property. (7) Certified survey or scaled sketch drawing depicting the property boundaries and all structures thereon. (8) For rezonings, variances, and special ex- ceptions, applicants shall provide to the city, at least 30 days in advance of the first public meeting at which the request will be considered, the names and addresses of all affected property owners. For the purpose of this requirement, an affected property owner or owners shall mean any property owner or agent of record owning property which lies within a radius of 500 feet from any boundary of the property for which the application is sought, as reflected in the survey or that portion of the map maintained by the Brevard County Property Appraiser re- flecting the boundaries of the parcels af- fected. (Ord. No. 11-2005, § 2,6-21-05; Ord. No. 13-2011, § 6, 12-20-11) Sec. 110-30. Staff review; application defi- ciencies. (a) The city staff shall be required to review all applications for rezonings, variances, special ex- ceptions and administrative appeals, and make written recommendations to the applicable city board. (b) In the event an application does not con- tain information reasonably necessary for staff to complete its review and recommendation to the applicable city board, staff shall provide written notice to the applicant that the application is deficient. The written notice shall specify the additional information necessary for staff to com- plete its review and recommendation on the ap- plication. If the applicant fails to cure the defi- ciencies within 30 calendar days of the date of the written notice, the application shall be deemed abandoned and administratively denied on the basis of an incomplete application. Upon written request of the applicant, the city manager or the city manager's designee may grant one 30 -day extension of time for the applicant to cure the deficiencies, provided the applicant demonstrates good cause for the extension. Extension requests shall be submitted to the city manager prior to the expiration of the initial 30 -day period. (c) Upon completion of staffs review and writ- ten recommendation on an application, the appli- cation shall be scheduled for consideration by the planning and zoning board or board of adjust- ment, as required by this article, for a duly noticed public hearing at the board's next avail- able meeting. (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 01-09, § 2, 2-3-2009) Sec. 110-30.1. Attendance required at pub- lic hearings; postponement of hearings. (a) Applicants shall be required to attend all public hearings required by this article to answer questions and to provide supplemental evidence and testimony on the applicable review criteria. Failure of an applicant to appear at the public hearings may be a basis for denial of an applica- tion where the board determines that the appli- cation on its face, as well as any additional evidence and testimony presented during the pub- lic hearing, do not provide substantial competent evidence to support approving the application. (b) Applicants may request to postpone a sched- uled public hearing on an application one time. Said request shall be submitted in writing to the city manager prior to the scheduled hearing. If postponed, the hearing shall be scheduled for the board's next available meeting and the applicant shall be responsible for the cost of any additional notices required by this article. (c) During the course of a public hearing, the board may, on its own motion or at the request of staff, an applicant or interested person, table or postpone consideration of an application at any time for the following reasons: (1) To obtain additional information relevant to the application; Supp. No. 23 CD110:20 19 it �M_ D ZONING § 110-33 (2) Because of time constraints; (3) To afford interested parties an opportu- nity to testify and provide additional rel- evant evidence; (4) For lack of quorum; (5) For emergencies; (6) To seek legal counsel; or (7) For any other circumstances in further- ance of due process. (Ord. No. 01-2009, § 2, 2-3-09) Sec. 110-31. Reconsideration of rezonings, variances, special exceptions or administrative appeals. When a petition for rezoning, variance, special exception or administrative appeal has been acted on by the city council or board of adjustment and was disapproved or failed to pass, such petition in the same or substantially similar form shall not be reconsidered by the city council or board of adjustment for a period of two years. This section shall not apply to the property owner if the original request was an administrative applica- tion initiated by any official, department, board or agency of the city acting in any official capacity. This section shall not apply to any initial petition or petition for reconsideration filed by the city council. (Ord. No. 11-2005, § 2, 6-21-05) Sec. 110-32. Expiration of variance or spe- cial exception; abandonment. (a) Any variance or special exception approved by the board of adjustment pursuant to this article shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the variance or special expiration is issued by the city within said time period. Upon written request of the property owner, the city manager may extend the expira- tion date by an additional 12 -month period, pro- vided the property owner demonstrates good cause for the extension. Such request shall be submitted to the city manager prior to the expiration of the first 12 -month period. Any extension granted by the city manager pursuant to this section shall not increase the scope or intensity of the special Supp. No. 23 exception or variance. Further, the approved spe- cial exception or variance shall remain subject to any applicable terms and conditions imposed as part of the board of adjustment's original ap- proval. In addition, if the aforementioned build- ing permit is timely issued, and the building permit subsequently expires and the subject de- velopment project is abandoned or discontinued for a period of six months, the variance or special exception shall be deemed expired and null and void. (b) Thereafter, a variance or special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with this Code. Once a variance or special exception has lapsed due to abandonment, the applicant must resubmit its request for variance or special excep- tion pursuant to this article. (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 02-2014, § 2, 1-21-14) Sec. 110-33. Appellate review. (a) Appeals from board of adjustment or com- munity appearance board. (1) Any party aggrieved by any final decision of the board of adjustment or the commu- nity appearance board made under any chapter of this Code shall have the right to appeal the final decision to the city council. CD 110:21 (2) Any such appeal shall be filed with the city manager within ten calendar days of the date of the final decision. The city manager shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate review with written notice of the date, time and location of said meeting. (3) The city council's consideration of the final decision being appealed shall be de novo. The city council shall hear and consider the evidence and testimony of § 110-33 CAPE CANAVERAL CODE any interested party and shall either af- firm or reverse, wholly or in part, the decision of the board of adjustment or community appearance board. However, with respect to administrative appeals under section 110-40, the city council's de novo review shall be of the record trans- mitted to the board of adjustment by the building official. A concurring majority vote of the city council shall be required for any decision made by the city council under this section. (4) Failure of any aggrieved party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to judicial review. (b) Appeals from city council. Any party ag- grieved by any final decision of the city council made under this section shall have the right to file an appropriate action in a court of competent jurisdiction. (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007, § 2, 12-4-07) DIVISION 2. REZONINGS Sec. 110-34. Rezoning applicant obligations. (a) Any of the following may file an application for rezoning requesting that the sections, restric- tions and boundaries set forth in this chapter be amended, supplemented, changed or repealed: (1) Any person or entity. (2) The city council. (3) The planning and zoning board. (4) The city manager. (b) Rezoning applications shall be submitted at least 30 days prior to the planning and zoning board meeting at which such application is to be considered. (Ord. No. 11-2005, § 2, 6-21-05) Sec. 110-35. Procedure. (a) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city coun- cil. Such recommendation shall include the rea- sons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (b) Upon receipt of the planning and zoning board's recommendation, the city council shall make a final decision on the application. If the city council determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city council may, at its discretion, consider an application without the planning and zoning board's recommendation. (c) All rezoning applications shall be reviewed for compliance with the following standards: Supp. No. 23 CD110:22 (1) The proposed rezoning change is in com- pliance with all procedural requirements established by the City Code and law; (2) The proposed rezoning change is consis- tent with the city's comprehensive plan including, but not limited to, the future land use map and the proposed change would not have an adverse effect on the comprehensive plan; (3) The proposed rezoning change is consis- tent with any master plan applicable to the property; (4) The proposed rezoning change is not con- trary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law; (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to exist- ing conditions on the property and the surrounding area and the land use pat- tern established by the city's comprehen- sive plan; 9 ZONING (8) Changed or changing conditions make the proposed rezoning necessary; (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with compe- tent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed re- zoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a sub- stantial detriment to the future improve- ment or development of vacant adjacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individ- ual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of Qe the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations ad- opted by the city. (d) In approving a change in the zoning classi- fication on a lot or parcel of land, at the request of or with the concurrence of the owner(s) of said lot or parcel, the city council may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the own- er(s) or subject property that would otherwise be Supp. No. 23 CD110:22.1 § 110-35 This page is intentionally left blank ZONING § 110-334 Qw"' 24 e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifi- cations of section 110-566, shall be provided along any property line abut- ting a residential district or residen- tial use. g. Services and sales permissible in- clude only the following: 1. Spark plugs, batteries, distrib- utor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, en- gine cooling components, auto- motive air conditioning system components, braking system components, vehicle lighting sys- tem components, radios, steer- ing assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, includ- ing the sale of related materi- als. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar con- venience goods for service sta- tion customers. 7. Road maps, informational ma- terials, restroom facilities. 8. Truck and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service sta- tions. A service station is not a body shop. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to sec- tion 110-566. q. Service stations shall not be erected or located within 2,000 feet of the property line of another service sta- tion. (4) Places in which goods are produced and sold at retail upon the premises. (5) Vocational and trade schools not involving operations of an industrial nature. (6) Commercial establishments which sell, dispense, serve or store alcoholic bever- ages or which permit the consumption of alcoholic beverages on their premises. Also see section 110-332. (7) Dry cleaning establishments using nonin- flammable solvents and cleaning fluids, as determined by the fire chief. 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. Supp. No. 23 CD110:46.5 § 110-334 CAPE CANAVERAL CODE b. The outside display area shall be considered the same as the floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. (9) New and used automobiles, major recre- ational equipment and mobile home sales with accessory services, subject to the following: a. All outside areas where merchan- dise is displayed shall be paved. b. All ingress and egress points to abut- ting streets shall be marked clearly and placed not closer than 150 feet apart on the same street. C. All servicing and repair activities, except gasoline pumps shall be lo- cated in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage not to exceed 30 days, and these vehicles shall be in an enclosed area and not be visible from outside the property. Ingress and egress points shall not be placed so as to endanger pedes- trian traffic. (10) Single-family dwellings, two-family dwell- ings, townhouses or multiple -family dwell- ings; provided, however, there shall not be more than 15 dwelling units per net res- idential acre and such dwellings shall not be permitted on property along the AlA Highway Corridor as depicted in exhibit "A," attached hereto and fully incorpo- rated herein by this reference. See require- ments in the R-2 district in division 3 of this article. These requirements apply to residential construction in the C-1 dis- trict. (11) Reserved. (12) Public utility equipment; uses and rights- of-way essential to serve the neighbor- hood in which it is located. (13) Theatres, drive-in theatres, photographic studios, bookstores and dance studios, un- less such uses fall within the scope and restrictions of section 10-86 et seq. (14) Carwashes, including polishing, and sale of related materials. (15) Vehicle rental facility, as provided in sec- tion 110-556 of this Code. (16) Assisted living facilities, subject to the requirements of section 110-488. (17) Pain management clinics, subject to the requirements of section 110-489 of this Code. (18) Medical marijuana treatment centers, sub- ject to the requirements of section 110- 489 of this Code. (Code 1981, § 637.51; Ord. No. 02-2003, § 2, 3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord. No. 17-2010, § 2, 11-16-10; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14) Sec. 110-335. Prohibited uses and structures. In the C-1 low density commercial district, the following uses and structures are prohibited: (1) All uses not specifically or provisionally permitted in this division. (2) Any use which fails to meet performance standards specifications as provided in section 110-466. (3) Bottle clubs. (Code 1981, § 637.53) Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: Supp. No. 23 CD110:46.6 a. Service stations, 12,000 square feet. b. All other principal uses and struc- tures, 5,000 square feet, and, in ad- dition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. 19 it ZONING § 110-351 (2) Minimum lot width shall be as follows: Sec. 110-338. Landscaping, screening and parking. a. Service stations, hotels and motels, 100 feet. In the C-1 low density commercial district, b. All other principal uses and strut- landscaping, screening and parking shall be pro - tures, 50 feet. vided pursuant to article IX of this chapter per- taining to supplementary district regulations. (3) Minimum lot depth shall be 100 feet. (Code 1981, § 637.57) (4) Maximum lot coverage shall be 50 per- Sec. 110-339. Offstreet parking and access. cent. In the C-1 low density commercial district, (5) Minimum living or floor area shall be as offstreet parking and access to a public or private follows: street shall be provided in accordance with Sec- a. Hotels and motels, 300 square feet tion 110-466. per rental unit. (Code 1981, § 637.59) b. Hotel and motel units containing provisions for cooking or light house- Secs. 110-340-110-350. Reserved. keeping, not less than 400 square feet. DIVISION 6. M-1 LIGHT INDUSTRIAL AND C. All other principal uses and strut- RESEARCH AND DEVELOPMENT tures, 300 square feet. DISTRICT* (6) The maximum height of all buildings con- Sec. 110-351. Intent; applicability. strutted 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 Ord. No. 24-2006, § 2, 1-2-07) intended to apply 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.) (2) Side (interior lot line), zero feet; 25 feet when abutting a residential district. (3) Side (corner lot line), 25 feet. (4) Rear, ten feet; 25 feet when abutting a residential district. (5) Public or private street, 25 feet. (b) The provisions of this division shall apply to all property designated as M-1 light industrial and research and development on the city's offi- cial zoning map. Further, those properties zoned M-1 that are located within the boundaries of the AlA Economic Opportunity Overlay District, es- tablished pursuant to article X of this chapter, shall be subject to the guidelines and standards of that article. (Code 1981, § 638.01; Ord. No. 01-2007, § 3, 2-20-07; Ord. No. 11-2012, § 4, 7-17-12) (b) See section 110-536 for special setbacks. *Cross reference—Sign regulations in the M-1 light (Code 1981, § 637.55) industrial and research and development district, § 94-99. Supp. No. 23 CD110:46.7 § 110-352 CAPE CANAVERAL CODE Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and struc- tures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improve- ments, shared in common, meet requirements of article IX of this chapter: (1) General offices, studios, medical and den- tal clinics, laboratories, data processing and similar uses. (2) Engineering, laboratory, scientific and re- search instrumentation and associated uses. (3) Manufacturing of: a. Instruments for controlling, measur- ing and indicating physical charac- teristics. b. Optical instruments and lenses. C. Surgical, medical and dental instru- ments and supplies. d. Ophthalmic goods. e. Watches, clocks, clockwork -operated devices and parts. f. Photographic equipment and sup- plies. g. Jewelry, silverware, plated ware. h. Musical instruments and parts. i. Toys, amusements, sporting and ath- letic goods. j. Radio, TV, phonograph and electron- ics instruments and parts. k. Pens, pencils and other office and artist materials. 1. Costume jewelry, costume novelties, buttons and notions. m. Other similar uses. (4) Ministorage and storage garages. (5) Paint and body shops. (6) Motor vehicle repair shops. (7) Adult entertainment establishments and sexually oriented businesses, providing it complies with the following provisions: a. Definitions. Where applicable, words or phrases used in this subsection (7) shall be defined according to chapter 10, article IV of the Cape Canaveral City Code. Supp. No. 23 CD110:46.8 b. Prohibited locations. Notwithstand- ing any other provision of the zoning ordinance of the city, no person shall cause or permit the establishment of an adult entertainment establish- ment or sexually oriented business within 1,000 feet of another such establishment or within 1,000 feet of any pre-existing religious institu- tion, public park, public library, or any residentially zoned district (in- cluding, but not limited to, R-1, R-2, R-3) or area designated residential on the city's comprehensive plan fu- ture land use map. No person shall cause or permit the establishment of an adult entertainment establish- ment or sexually oriented business within 2,500 feet of an educational institution. No person shall cause or permit the establishment of a public park, public library, residential land use, or religious institution within 1,000 feet, or an educational institu- tion within 2,500 feet, of an existing adult entertainment establishment or sexually oriented business. This provision shall also apply to adult entertainment establishments, sex- ually oriented businesses, religious institutions, public parks, public li- braries, educational institutions and areas zoned or designated on a Com- prehensive Plan for residential use that lie outside of the city. C. Permissible locations. Notwithstand- ing any other provisions of the zon- ing ordinance of the city, except those contained in subparagraph b., pro- hibited locations, above, adult enter- tainment establishments and sexu- 9 W, ZONING § 110-352 ally oriented businesses shall only sexually oriented business and be allowed in the M-1 zoning dis- adult entertainment establish- trict. ment code will be observed; d. Measurement of distance. The dis- 3. That the proposed use will not tance between any two adult enter- be contrary to any adopted land tainment establishments or sexually use plan; oriented businesses shall be mea- 4 That special conditions and cir- sured in a straight line, without re- cumstances exist which are pe- gard to intervening structures, from culiar to the land, building or the closest exterior structural wall of proposed business which are not each such establishment. The dis- generally applicable to other tance between any adult entertain- lands, buildings, or adult enter- ment establishment or sexually ori- tainment or sexually oriented ented business and any residentially businesses. zoned or designated land, religious 5. That the variance is the mini - institution, public park, public li- mum variance that will make brary or educational institution shall possible the reasonable use of be measured in a straight line, with- the subject land and building out regard to intervening structures, for the intended purpose; and from the closest exterior structural 6. That the variance does not con - wall of the adult entertainment es- fer upon the applicant any spe- tablishment or sexually oriented busi- cial privilege. ness to the nearest boundary of the (g) Vocational schools and colleges. area zoned or designated on the com- prehensive plan for residential use, (9) Fireworks sales facilities subject to the or nearest property boundary of any following distance requirements: 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 residential use or f. Variance. Upon written application property designated residential on 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 without conditions and additional map; safeguards, to the distance require- ments of subparagraph b. above if it C. The distance shall be measured as finds: the shortest linear distance between the property line of the proposed 1. That the proposed use will not fireworks sales facility and any gre- be contrary to the public inter- existing fireworks sales facilities or 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 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. Supp. No. 23 CD110:46.9 § 110-352 CAPE CANAVERAL CODE (11) Tattoo establishments and those body pierc- (c) Special exceptions may be granted for the ing establishments required to be licensed following: under F.S. § 381.0075, provided however, (1) Outside storage, subject to section 110 - no such establishment shall be permitted 566, where applicable. to locate within 100 feet of any pre- existing residential use or any property (2) Freight handling facilities; transporta- designated residential on the city's com- tion terminals. prehensive plan future land use map and/or (3) Temporary security facilities, subject to official zoning map. annual review. (Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96; Ord. No. 17-96, § 4, 10-1-96; Ord. No. 5-99, § 1, (4) Service stations, subject to the provisions 9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No. designated in division 5 of this article for 08-2004, § 2, 5-4-04; Ord. No. 13-2004, § 4, 7-20- the C-1 district. 04; Ord. No. 03-2011, § 2, 5-17-11; Ord. No. (5) Veterinary hospitals and clinics, subject 06-2011, § 2, 10-18-11; Ord. No. 08-2012, § 2, to the provisions designated in division 5 6-19-12) of this article for the C-1 district. (6) Recycling activities for the collection of Sec. 110-353. Accessory uses and structures. nonhazardous materials, provided that all storage of such materials shall be in ap- In the M-1 light industrial and research and proved structures, containers or trailers. development district, accessory uses and struc- (7) Radio and TV studios. tures shall be permitted as follows: (8) Shopping centers, provided the shopping (1) Retail sales of products manufactured upon center is on a minimum ten -acre plot and the premises. has a minimum of 75,000 square feet of interior space under the roof. All shopping (2) Customary accessory uses of one or more centers shall be built in conformance with of the principal uses, clearly incidental the criteria for the classification of shop - and subordinate to the principal use, in ping centers as set forth in the building keeping with the light industrial and re- code adopted in section 82-31. search and development character of the dist rict. (9) Public utility equipment; uses and rights- (Code 1dist § 638.05) of -way essential to serve the neighbor- hood in which it is located. Sec. 110-354. Special exceptions permissi- (10) Permanent security living facilities, Bub- ble by board of adjustment. ject to an annual review and the follow- ing: (a) In the M-1 light industrial and research a. Maximum size not to exceed 800 and development district, after public notice and square feet. hearing, the board of adjustment may permit b. Security personnel only; no children special exceptions which are compatible to per- allowed. 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. Supp. No. 23 CD110:46.10 (16) Medical marijuana treatment centers, sub- ject to the requirements of section 110- 489 of this Code. (Code 1981, § 638.07; Ord. No. 13-95, § 1, 9-19-95; Ord. No. 1-96, § 3, 1-30-97; Ord. No. 8-97, § 1, 9-2-97; Ord. No. 16-2005, § 2, 10-4-05; Ord. No. 01-2007, § 2, 2-20-07; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14) Cross reference—Adult entertainment, § 10-86 et seq. (a) In the M-1 light industrial and research and development district, the minimum setbacks required shall be as follows: (1) Front, 25 feet. (See subsection (b) of this section.) (2) Side (interior lot line), 15 feet, except where industrial property abuts a residen- tial district, in which case the minimum side interior lot shall be 25 feet. Sec. 110-355. Prohibited uses and structures. (3) Side (corner lot line), 25 feet. In the M-1 light industrial and research and (4) Rear, 15 feet, except where industrial development district, the following uses and struc- property abuts a residential district, in tures are prohibited: which case the minimum rear yard re - (1) All uses not specifically or provisionally quirement shall be 25 feet. permitted in this division and uses not in (5) Public or private street, 25 feet. keeping with the light industrial and re- search and development character of the (b) See section 110-536 for special setbacks. district. (Code 1981, § 638.11) Supp. No. 23 CD 110:46.11 ZONING § 110-357 (14) Conveyor systems for purposes of moving (2) Any use deemed objectionable by the stan- aggregate and other materials, subject to dards established in section 110-466 et the following: seq. (Code 1981, § 638.09) a. Conveyor systems must be connected and adjacent to Port Canaveral. Sec. 110-356. Area and dimensions. b. Conveyor systems crossing the set- back must be constructed in a north- In the M-1 light industrial and research and south direction, perpendicular to Port development district, the area and dimensions Canaveral. shall be as follows: C. Conveyor systems must be com- (1) Minimum lot area shall be 10,000 square pletely enclosed where located within feet. a setback. (2) Minimum lot width shall be 75 feet. d. Conveyor systems shall not exceed 30 feet in height, where located within (3) Minimum lot depth shall be 100 feet. a setback. (4) Maximum lot coverage shall be 50 Per- e. Conveyor systems in the setbacks cent. shall not be located within 750 feet (5) Minimum floor area shall be 300 square from any other existing or approved feet. conveyor system(s). This measure- ment shall be drawn as a straight (6) The maximum height of all buildings con - line connecting the conveyor sys- tems. structed within the M-1 zoning district shall be 45 feet. (Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96) (15) Pain management clinics, subject to the requirements of section 110-489 of this Code. Sec. 110-357. Minimum setbacks. (16) Medical marijuana treatment centers, sub- ject to the requirements of section 110- 489 of this Code. (Code 1981, § 638.07; Ord. No. 13-95, § 1, 9-19-95; Ord. No. 1-96, § 3, 1-30-97; Ord. No. 8-97, § 1, 9-2-97; Ord. No. 16-2005, § 2, 10-4-05; Ord. No. 01-2007, § 2, 2-20-07; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14) Cross reference—Adult entertainment, § 10-86 et seq. (a) In the M-1 light industrial and research and development district, the minimum setbacks required shall be as follows: (1) Front, 25 feet. (See subsection (b) of this section.) (2) Side (interior lot line), 15 feet, except where industrial property abuts a residen- tial district, in which case the minimum side interior lot shall be 25 feet. Sec. 110-355. Prohibited uses and structures. (3) Side (corner lot line), 25 feet. In the M-1 light industrial and research and (4) Rear, 15 feet, except where industrial development district, the following uses and struc- property abuts a residential district, in tures are prohibited: which case the minimum rear yard re - (1) All uses not specifically or provisionally quirement shall be 25 feet. permitted in this division and uses not in (5) Public or private street, 25 feet. keeping with the light industrial and re- search and development character of the (b) See section 110-536 for special setbacks. district. (Code 1981, § 638.11) Supp. No. 23 CD 110:46.11 § 110-358 CAPE CANAVERAL CODE Sec. 110-358. Landscaping, screening and (6) Minimum floor area shall be as follows: parking. a. One bedroom, 650 square feet per In the M-1 light industrial and research and dwelling unit. development district, landscaping, screening and b. Two bedrooms, 750 square feet per parking shall be as provided in article IX of this dwelling unit. chapter. C. Additional bedrooms, 200 square feet (Code 1981, § 638.13) per bedroom. Sec. 110-359. Performance standards. (7) Maximum building length or width shall ing lots of record, 15 feet. be 185 feet. In the M-1 light industrial and research and Until December 31, 1993, 50 and 75 -foot -wide development district, performance standards shall nonconforming lots of record may have 16 -foot - be as provided in section 110-466 et seq. wide townhouse lots. (Code 1981, § 638.15) (Code 1981, § 639.03) Sec. 110-360. Parking and loading. Sec. 110-373. Minimum setbacks. In the M-1 light industrial and research and For townhouses, the minimum setbacks re- development district, offstreet parking shall be as quired shall be as follows: provided in section 110-491 et seq. and offstreet (1) Front, 25 feet. loading shall be as provided in section 110-506 et on the same property as the main building. The seq. (2) Side, end unit, eight feet. (Code 1981, ch. 638.17) (3) Side, interior unit, zero feet. Secs. 110-361-110-370. Reserved. (4) Rear, 15 feet. Townhouse area and dimensions shall be as (5) Side, corner lot, 25 feet; on all nonconform- follows: ing lots of record, 15 feet. (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. Living units containing in excess of three bed - Townhouse area and dimensions shall be as rooms shall require an additional parking space follows: for each bedroom in excess of three. (Code 1981, § 639.05) (1) Minimum area to be developed shall be 6,250 square feet. Sec. 110-375. Utilities. (2) Minimum lot area shall be 1,600 square For townhouse utilities, the following shall feet. apply: (3) Minimum lot width shall be 20 feet. (1) All utility distribution systems, including (4) Minimum lot depth shall be 70 feet. but not limited to television cable, tele- phone and electrical systems shall be in - (5) Maximum lot coverage by all buildings stalled underground. Primary facilities pro - shall be 40 percent of the site area. viding services to the site may be excluded. Supp. No. 23 CD110:46.12 D ZONING § 110-381 (2) Afive-foot public access easement shall be provided along each side and across the rear of the site. (Code 1981, § 639.07) Sec. 110-376. Reserved. Editor's note Ord. No. 09-2007, § 2, adopted Dec. 4, 2007, repealed § 110-376, which pertained to preservation of trees and derived from Code 1981, § 639.09. Sec. 110-377. Individually platted lots. Each townhouse unit shall be located on an individually platted lot. If there exists areas for common use of the occupants, the plat will not be approved until satisfactory arrangements are made for maintenance and presented to the city. Indi- vidual maintenance procedures shall be submit- ted to the planning and zoning board to ensure that all public areas in common open spaces shall be maintained in a satisfactory manner without expense to the city. (Code 1981, § 639.11) Sec. 110-378. Building permit. The townhouse developer must file an applica- tion for a building permit. The application must be in a format approved by the building official and shall include all elements necessary for multi- family construction in accordance with section 110-221 et seq. The expiration date of the building permit shall be in accordance with section 106.6.1 of the building code adopted in section 82-31. (Code 1981, § 639.13) Sec. 110-379. Development schedule. A townhouse development schedule shall be submitted for review to the planning and zoning board, who may approve, approve subject to con- ditions or disapprove. When submitted, the devel- opment schedule shall indicate the staging of construction and the staging of open space or other common use areas for conveyance, dedica- tion or reservation; the geographic stages in which the project will be built; the approximate date when construction of each stage shall begin; and its anticipated completion date. Provision for the construction of cultural and recreational facilities Supp. No. 23 which are shown on the site plan shall proceed at an equivalent or greater rate as the construction of the dwelling units. (Code 1981, § 639.15) DIVISION 8. C-2 COMMERCIAUMANUFACTURING DISTRICT Sec. 110-380. Intent; applicability. (a) The requirements for the C-2 commercial/ manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employ- ment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. (b) The provisions of this division shall apply to all property designated as C-2 commercial/ manufacturing on the city's official zoning map. Further, those properties zoned C-2 that are lo- cated within the boundaries of the AlA Economic Opportunity Overlay District, established pursu- ant to article X of this chapter, shall be subject to the guidelines and standards of that article. (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 01-2007, § 3, 2-20-07; Ord. No. 11-2012, § 4, 7-17-12) Sec. 110-381. Principal uses and structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: CD110:46.13 Retail stores, sales and display rooms, and shopping centers. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. Dry cleaning establishments using non- flammable solvents and cleaning fluids as determined by the fire chief. § 110-381 CAPE CANAVERAL CODE 4. Professional offices, studios, medical and f. A visual screen, meeting the specifi- dental clinics, laboratories, general of- cations of section 110-566, shall be fices, business schools, data processing provided along any property line abut- and similar uses. ting a residential district or residen- 5. Banks and financial institutions. tial use. 6. Places in which goods are produced and g• Services and sales permissible in- sold at retail upon the premises. clude only the following: 1. Spark plugs, batteries, distrib- 7. Eating establishments, bakeries and del- utor parts, ignition system parts, icatessens. vehicle wiring and the like. 8. Noncommercial public parks; commercial 2. Exhaust system components, en- indoor playgrounds; clubs and lodges; cul- gine cooling components, auto- tural facilities; hospitals; medical and den- motive air conditioning system tal clinics; mortuaries and funeral homes components, braking system (excluding crematories); government of- components, vehicle lighting sys- fices; schools; adult and youth centers; tem components, radios, steer- churches; reading rooms and similar uses. ing assembly parts, fuel system 9. Vocational and trade schools not involving components and the like. operations of an industrial nature, such 3. Tire servicing and repair, but as truck driving schools. not recapping. 10. Repair service establishments, such as 4. Washing and polishing, includ- household appliances, radio, television and ing the sale of related materi- similar uses (excluding automobile re- als. pairs). 5. Greasing, oil changes and other 11. Automotive service stations, subject to lubrication. the following: 6. Sale of cold drinks, package a. All setbacks shall be no less than 25 foods, tobacco and similar Ion- feet from any portion of the building, venience goods for service sta- including pump islands. tion customers. 7. Road maps, informational ma- b. Underground storage is required for terials and restroom facilities. all receptacles for combustible mate- rials in excess of 55 gallons. Such h. Vehicles shall not be parked outside storage shall comply with all Envi- the building for more than four days, ronmental Protection Agency stan- such four days to be considered as an dards. accumulated parking time, whether C. The accumulation and storage of consecutive or accumulated. waste petroleum products is forbid- i. Uses permissible at a service station den, unless in compliance with En- do not include body work, straight- vironmental Protection Agency stan- ening of body parts, painting, weld- dards. 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 noise, glare, fumes, smoke or other e. No service stations shall be erected characteristics to an extent greater or located within 150 feet of the than normally found in service sta- property line of any church, hospital, tions. A service station is not a body school or park. shop. Supp. No. 23 CD110:46.14 D ZONING § 110-383 j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to sec- tion 110-566. q. Service stations shall not be erected or located within 2,000 feet of the property line of another service sta- tion. 12. Light manufacturing, including: a. Instruments for controlling, measur- ing and indicating physical charac- teristics. b. C. d. e. f. 9. h. i. j• k. Supp. No. 23 Optical instruments and lenses. Surgical, medical and dental instru- ments and supplies. Ophthalmic goods. Watches, clocks, clockwork -operated devices and parts. Photographic equipment and sup- plies. Jewelry, silverware, plated ware. Musical instruments and parts. Costume jewelry, costume novelties, buttons and notions. m. Other similar uses. (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2, 10-18-11) Sec. 110-382. Accessory uses and structures. In the C-2 commercial/manufacturing district, customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the commer- cial manufacturing character of the district, are permitted. (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2, 10-18-11) Sec. 110-383. Special exceptions permissi- ble by the board of adjust- ment. (a) In the C-2 commercial/manufacturing dis- trict, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (b) The board of adjustment may adjust set- backs and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: 1. Plant nurseries and greenhouses, pro- vided that all outside display of merchan- dise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. Toys, amusements, sporting and ath- 3. Radio and television studios. letic goods. 4. Temporary security facilities, subject to Radio, TV, phonograph and electron- annual review. ics instruments and parts. 5. Veterinary hospitals and clinics, subject Pens, pencils and other office and to the provisions designated in division 5 artist materials. of this article for the C-1 district. CD110:46.15 § 110-383 CAPE CANAVERAL CODE 6. Sales of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: a. Outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abut- ting streets shall be marked clearly and placed not closer than 30 feet apart on the same street. C. All servicing and repair activities, except gasoline pumps, shall be lo- cated in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage, not to exceed 30 days. These vehicles shall be within an enclosed area and not be visible from outside the property. e. Ingress and egress points shall not be placed so as to endanger pedes- trian traffic. 7. Reserved. 8. Public utility equipment: Uses and rights- of-way essential to serve the neighbor- hood in which it is located. 9. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, un- less such uses fall within the scope and restrictions of section 10-86, et seq. 10. Carwashes, including polishing and sale of related materials. 11. Mini -storage and storage warehouses. 12. Commercial establishments which sell, dispense, serve or store alcoholic bever- ages or which permit the consumption of alcoholic beverages on their premises sub- ject to section 110-171. 15. Medical marijuana treatment centers, sub- ject to the requirements of section 110- 489 of this Code. (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2003, § 2, 3-4-03; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14) Sec. 110-384. Prohibited uses and structures. In the C-2 commercial/manufacturing district, the following uses and structures are prohibited: 1. All uses not specifically or provisionally permitted in this division. 2. Any use which fails to meet performance standards specifications as provided in section 110-466. 3. Bottle clubs. 4. Crematoriums (animal or human). (Ord. No. 4-99, § 1, 7-6-99) Sec. 110-385. Area and dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be re- quired: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and struc- tures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and struc- tures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 per- cent. 13. Vehicle rental facility, as provided in § 110- 556 of this Code. 5. Minimum floor area shall be 300 square feet. 14. Pain management clinics, subject to the requirements of section 110-489 of this 6. Maximum height shall be 45 feet. Code. (Ord. No. 4-99, § 1, 7-6-99) Supp. No. 23 CD110:46.16 D FE X ZONING § 110-401 Sec. 110-386. Minimum setbacks. In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as fol- lows: Front, 25 feet. a. (See § 110-356 for special setback.) Side (interior lot line)15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet. 3. Side (corner lot line), 25 feet. 4. Rear, 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard re- quirement shall be 25 feet. 5. Public or private street, 25 feet. a. (See Section 110-356 for special set- backs.) (Ord. No. 4-99, § 1, 7-6-99) Sec. 110-387. Landscaping, screening and parking. In the C-2 commercial/manufacturing district, landscaping, screening and parking shall be as provided in article IX of this chapter. (Ord. No. 4-99, § 1, 7-6-99) Sec. 110-388. Performance standards. In the C-2 commercial/manufacturing district, performance standards shall be as provided in section 110-466, et seq. (Ord. No. 4-99, § 1, 7-6-99) Sec. 110-389. Parking and loading. In the C-2 commercial/manufacturing district, off-street parking shall be as provided in section 110-491, et seq., and off-street loading shall be as provided in section 110-506, et seq. (Ord. No. 4-99, § 1, 7-6-99) Secs. 110-390-110-400. Reserved. Supp. No. 23 ARTICLE VIII. RESIDENTIAL PLANNED UNIT DEVELOPMENTS DIVISION 1. GENERALLY Sec. 110-401. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Block means an area delineated within a stage which is subdivided into lots for single units and individual ownership. Common open space means a parcel of land or a combination of land and water within the site designated as a residential planned unit develop- ment and designed and intended for the use or enjoyment of residents of the residential planned unit development. Common open space shall be integrated throughout the residential planned unit development to provide for a linked recre- ational/open space system. Developer means a person who owns land which is developed into a residential planned unit devel- opment and who is actually involved in the con- 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 plan shall specify and clearly illustrate the loca- tion, relationship, design, nature and character of all primary uses, public and private easements, structures, parking areas, public and private roads and common open space. Development schedule means a comprehensive statement showing the type and extent of devel- opment to be completed within the various prac- ticable time limits and the order in which devel- opment is to be undertaken. A development schedule shall contain an exact description of the specific buildings, facilities, common open space and other improvements to be developed at the end of each time period. CD 110:46.17 § 110-401 CAPE CANAVERAL CODE Final development plan means the develop- ment plan approved by the city council and re- corded with the clerk of the circuit court of the county according to this article. Final development plan application means the application for approval of the final development plan and for approval of the required exhibits as specified in this article. Lot means a portion of a block intended for the construction of one dwelling or the transfer of ownership or both. Preliminary development plan means the de- velopment plan approved by the city council and filed with approval by the city of a residential planned unit development zone. Preliminary development plan application means the application for approval of the use of a site as a residential planned unit development and for approval of the required exhibits as specified in this article. Residential planned unit development or RPUD means an area of land developed as a single entity or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to provide for a variety of residential uses and common open space. Supp. No. 23 CD110:46.18 P9 PE D ZONING § 110-488 up, shall be located within the residence served. The location shall be approved by the building official. (10) One side setback on the property shall remain open space in accordance with this Code. (Ord. No. 15-2005, § 2, 9-20-05) Sec. 110-485. Liquefied petroleum gas. The tank capacity for storage of liquefied pe- troleum gas for distribution purposes shall not exceed 1,000 total gallons per lot of record. To the extent that this section conflicts with a more restrictive provision of any applicable fire safety code or law, the more restrictive code or law shall apply. For purposes of this section, the term "lot of record" shall have the same meaning set forth in section 110-1 and shall also include a combination of contiguous lots of record that are either under single ownership, unified in title, or used for common development purposes. (Ord. No. 01-2007, § 2, 2-20-07) Sec. 110486. Vacation rentals. Nothing contained in the City Code shall be construed as prohibiting the use of any dwelling unit as a 'vacation rental," as defined by F.S. ch. 509. Vacation rentals shall comply with the min- imum seven-day rental restriction pursuant to section 110-487 of the City Code and shall be governed by F.S. ch. 509, the Florida Building Code and the Florida Fire Prevention Code. (Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 02-2011, § 2, 5-17-11; Ord. No. 06-2012, § 2, 4-17-12) Sec. 110-487. Rental restrictions on dwell- ing units. It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels and motels under subsection 110-332(4), vacation rentals in the C-1 zoning district, and a vacation resort campus under section 110-490.1. (Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, § 2, 4-17-12; Ord. No. 10-2013, § 2, 7-16-13) Supp. No. 23 Sec. 110-488. Assisted living facilities. Assisted living facilities may only be permitted by special exception in the R-3 and C-1 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: (a) Front, side and rear setbacks shall be a minimum of 25 feet; setbacks from adja- cent residential lot lines shall be a mini- mum of 50 feet. CD110:67 (b) Minimum lot area shall be five acres. (c) Each assisted living facility unit shall contain minimum living area of 400 square feet for single bed units and 700 square feet for double bed units. (d) Loading docks and dumpster areas shall conform to the following: (1) Loading docks and dumpster areas shall be directed away from any res- idential development adjacent to the assisted living facility. (2) Dumpsters shall be visually screened from public view from an adjacent public right-of-way or residential de- velopment by fully enclosed screen- ing that is a minimum of six feet in height, measured above finished grade. (3) Each enclosure shall include a deco- rative opaque gate that is a mini- mum of six feet in height, measured above finished grade. (4) Each dumpster enclosure shall be constructed as one of the following: (A) A masonry wall at a minimum of six feet in height, measured from finished grade. The ma- sonry wall shall be decoratively finished concrete masonry unit, brick, stucco, pre -cast panels, split -face block or other mate- rial matching the exterior of the principal building. (B) A combination of fencing and landscape buffer. Fencing shall be fabricated from aluminum, § 110-488 CAPE CANAVERAL CODE wrought iron, vinyl, brick, or required by Florida law. If registration is other approved materials. The required by state law, then proof of regis- landscape buffer shall be a min- tration, application for registration or let- imum of five feet in width, a ter of exemption must be provided with minimum of three feet in height, the special exception application for the 50 percent opaque at planting pain management clinic or medical mari- and capable of attaining a height juana treatment center. of six feet and 75 percent (b) Pain management clinic licensing. Each opaqueness within 24 months. pain management clinic shall be operated (5) The dumpster shall be located so as by a medical director who is a Florida - to facilitate pickup by solid waste licensed physician, board-certified in pain collection agencies. medicine, and who shall be responsible (6) The dumpster enclosure shall not be for complying with all requirements re- placed in drainage flow areas. lated to registration and operation of the clinic. The designated physician must have (7) Adequate reinforced paved areas shall a full, active, and unencumbered license be provided for the dumpster and under F.S. ch. 458 or ch. 459, and shall their approaches for loading and un- practice at the clinic location for which loading. the physician has assumed responsibility. (8) No part of a dumpster or materials Within ten days after termination or ab - stored within the screen area shall sence of the medical director, the clinic extend above the dumpster enclo- must notify the city of the identity of sure. another medical director for the clinic. (9) Chain link, painted or unpainted (c) Separation requirements from similar uses. block walls, barbed wire and wood There shall be no less than one -half -mile are prohibited as part of a dumpster distance between each pain management enclosure. clinic and/or each medical marijuana treat - (Ord. No. 17-2010, § 2, 11-16-10) ment center regardless of the municipal boundaries of the city. Sec. 110-489. Pain management clinic and (d) Separation requirements from schools, medical marijuana treatment churches and daycare facilities. No pain center regulations.* management clinic or medical marijuana Pain management clinics and medical mari- treatment center shall be permitted to juana treatment centers may only be permitted locate within 1,000 feet of any public or by special exception in the C-1, C-2 and M-1 private school, church, or daycare facility zoning districts, subject to the general conditions and no public or private school, church, or for special exceptions and subject to the following daycare facility shall be permitted to lo - requirements: cate within 1,000 feet of a pain manage - (a) State registration. Pain management clin- ment clinic or medical marijuana treat- ics and medical marijuana treatment cen- ment center. ters must be registered with the state if (e) Hours of operation. Pain management clin- ics and medical marijuana treatment cen- *Editor's note—Section 6 of Ord. No. 09-2014, adopted ters shall only be permitted to operate Sept. 16, 2014, states: This ordinance shall become effective between the hours of 9:00 a.m. and 7:00 immediately upon passage and adoption by the city council, however, the opening and/or operating of a medical marijuana p.m., Monday through Friday, and 9:00 treatment center as defined by the Florida Constitution or a.m. to 12:00 p.m. on Saturday. Florida law shall occur only upon and after the effective date upon which medical marijuana treatment centers are deemed () Requirement for indoor operation and pro - legal by the State of Florida. hibition on loitering. There shall be no Supp. No. 23 CD110:68 ZONING § 110-489 outdoor seating areas, queues, or cus- ment center will be sufficient to accommo- tomer waiting areas. All activities of the date traffic and parking demands it pain management clinic or medical mari- generates, based upon a current traffic juana treatment center; including sales, and parking study prepared by a certified display, preparations and storage; shall professional. be conducted entirely within an enclosed 0) Prohibition on cash only businesses. Lim- Lim - building. A pain management clinic or iting payment for goods or services to cash medical marijuana treatment center shall only is prohibited. provide adequate seating for its patients and business invitees. The pain manage- (k) Daily reports required. Pain management ment clinic or medical marijuana treat- clinics and medical marijuana treatment ment center shall not direct or encourage centers shall be required to submit to the any patient or business invitee to stand, Brevard County Sheriffs Office a daily sit, gather or loiter outside of the building summary containing the following infor- where the clinic or center operates, includ- mation from the prior business day: ing in a parked car, including in any (i) The total number of prescriptions parking areas, sidewalks, rights-of-way, written that day; or neighboring properties for any period of time longer than reasonably required (ii) The total number of doses of drugs for patients to conduct their official busi- sold and/or dispensed by the pain ness and depart. The pain management management clinic or medical mari- clinic or medical marijuana treatment cen- juana treatment center that day (in- ter shall post conspicuous signs on at cluding samples), specifying how least three sides of the building stating that no loitering is allowed on the prop- many doses were sold or dispensed; the person prescribing or dispensing erty. same; and the manner of payment by each person who was dispensed (g) Vehicular traffic. The pain management drugs at the clinic that day; and clinic or medical marijuana treatment cen- (iii) The state of residence of each person ter shall ensure that there is no queuing whom drugs were prescribed or of vehicles in the rights-of-way. No pain di dithat day. management clinic or medical marijuana treatment center shall have a drive- (1) Prohibition on home occupations. A pain through or drive-in service aisle. management clinic or medical marijuana (h) Prohibition of on-site consumption of pain treatment center shall not be permitted management drugs, marijuana or alcohol. as a home occupation. No consumption of a pain management (m) No pain management clinic or medical drug, marijuana, or alcoholic beverage marijuana treatment center shall be wholly shall be allowed on the premises, includ- or partially owned by, or have any contrac- ing in the parking areas, sidewalks, or tual relationship (whether as a principal, rights-of-way. partner, officer, member, managing mem- (i) Parking. Any parking demand created by ber, employee, independent contractor, or apain management clinic or medical mar- otherwise) with any physician, pharma- ijuana treatment center shall not exceed cist, or any other person who prescribes the parking spaces located or allocated on drugs and who, within five years prior to site, as required by the city's parking the receipt of any application for special regulations. An applicant shall be re- exception: quired to demonstrate that on-site traffic (i) Has been suspended, had his or her and parking attributable to the pain man- license revoked, or been subject to agement clinic or medical marijuana treat- disciplinary action for prescribing, Supp. No. 23 CD110:69 § 110-489 CAPE CANAVERAL CODE dispensing, administering, provid- (o) No pain management clinic or medical ing, supplying, or selling any con- marijuana treatment center shall employ trolled substance in violation of any any person, as an independent contractor state, federal, or similar law where or otherwise, who: 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 an arrest for, a violation of any state, federal, or violation of any state, federal, or similar law related to drugs or alco- similar law related to drugs or alco- hol, specifically including but not hol, specifically including but not limited to, prescribing, dispensing, limited to, prescribing, dispensing, administering, providing, supplying administering, providing, supplying, or selling any controlled substance; or selling any controlled substance; or (iii) Has been suspended, had his or her license revoked, or been subject to (ii) Has been convicted of, pled nolo disciplinary action by any state, fed- contendere to, or violated any plea eral, or other governmental entity agreement regarding an arrest for, where here such person is licensed to prat- any felony or crime involving moral within the five years pre- ceding the application for special ex- (iv) Has had any state, federal, or other ception. governmental entity where such per- son is licensed to practice take any (p) Landlord responsibilities. action against such person's license as a result of dependency on drugs or (i) Any landlord, leasing agent, or owner alcohol; or of property upon which a pain man- (v) Has been convicted of, pled nolo agement clinic or medical marijuana contendere to, or violated any plea treatment center operates, who agreement regarding an arrest for, knows, or in the exercise of reason- any felony or crime involving moral able care should know, that a medi- turpitude. cal marijuana treatment center is operating in violation of city code or (n) No pain management clinic or medical applicable Florida law, including the marijuana treatment center shall be wholly rules and regulations promulgated or partially owned by, or have as a prin- by the state department of health, cipal, partner, officer, member, managing must prevent, stop, or take reason- member, or otherwise where the owner is able steps to prevent the continued an entity, any person who: illegal activity on the leased prem- (i) Has been convicted of, pled nolo ises. contendere to, or violated any plea (ii) Landlords who lease space to a med- agreement regarding an arrest for, a ical marijuana treatment center must violation of any state, federal, or expressly incorporate language into similar law related to drugs or alco- the lease or rental agreement stat- hol; or ing that failure to comply with city (ii) Has been convicted of, pled nolo code is a material non-curable breach contendere to, or violated any plea of the lease and shall constitute agreement regarding an arrest for, grounds for termination of the lease any felony or crime involving moral and immediate eviction by the land- turpitude. lord. Supp. No. 23 CD110:70 ZONING § 110-489 Qe (q) Additional application information. An issued photo identification of the prop - applicant seeking a special exception for a erty owner along with the applica- pain management clinic or medical mari- tion. juana treatment center shall, in addition (v) An inventory of diagnostic equip - to the general application information re- ment to be located at the clinic; quired for special exceptions, provide the following: NO A natural disaster management plan; (i) The pain management clinic's or med- (vii) A floor plan showing the location and ical marijuana treatment center's reg- nature of adequate security mea- istration number issued by the Flor- sures, including those required by ida Department of Health, as required the State of Florida for controlled by Florida law. substances, to safeguard all drugs to (ii) For pain management clinics, the be dispensed in the course of its name of the medical director, as re- business. quired herein, responsible for com- (viii) An affidavit of the medical director plying with all requirements related of the pain management clinic, or to operation of the pain management owner of the medical marijuana treat - clinic and the medical director's Drug ment center, signed under oath, at - Enforcement Agency number. testing: (iii) A list of all persons associated with (A) That their practice is located at the management or operation of the the subject site; pain management clinic or medical (B) That no employees of the facil- marijuana treatment center, whether ity have been convicted of a paid or unpaid, part-time or full- drug-related felony within the time, including all contract labor and five years preceding the appli- independent contractors. This list cation for special exception; shall include, but not be limited to, all owners, operators, employees and (C) That the pain management volunteers. For persons listed, the clinic or medical marijuana following additional information must treatment center will not know - be provided: ingly employ any such con - (A) Person's title, current home ad- victed felons thereafter; and dress, telephone number and (D) For pain management clinics, date of birth; that the medical director shall (B) List of all criminal convictions be required to inform the city whether misdemeanor or fel- within ten days should the med- ony; that are drug related; ical director be terminated or otherwise leave the affiliation (C) A copy of a current Florida driv- of the pain management clinic er's license or government is- as medical director. sued photo identification; and The medical director of the pain man- (D) A set of fingerprints. agement clinic, or owner of the med- (iv) If the property owner is different ical marijuana treatment center shall from the owner of the pain manage- be required to keep all application ment clinic or medical marijuana information updated with the city at treatment center, the applicant shall all times, even after issuance of a provide the name, address, tele- special exception, and said informa- phone number and a copy of a Flor- tion shall be verified annually by the ida driver's license or government city in conjunction with the city's Ian►' Supp. No. 23 CD110:71 § 110-489 CAPE CANAVERAL CODE local business tax receipt renewal process. The medical director of the pain management clinic, or owner of the medical marijuana treatment cen- ter shall notify the city of any change to the information within ten days of any new person becoming associated with the pain management clinic or medical marijuana treatment center or any other change to the applica- tion information required herein. Fail- ure to properly maintain updated information with the city shall be grounds for revocation of the special exception. committed substantial violations of the terms and conditions on which the special exception was granted; (iii) The pain management clinic or med- ical marijuana treatment center no longer meets the requirements of this section or other applicable law; or (iv) The medical director or any other employee of the pain management clinic or medical marijuana treat- ment center knowingly allowed ille- gal activities to be conducted on the premises. (r) Single special exception application /Sin- Prior to any special exception being re- gle classification of special exception. Only voked, the pain management clinic or one special exception may be issued for a medical marijuana treatment center shall location or any single building and only be provided with minimum due process under a single classification for either a including notice of the grounds for revo- pain management clinic or medical mari- cation and hearing date, an opportunity juana treatment center. to be heard, the right to present evidence, and the right to cross-examine adverse (s) Compliance with law. The pain manage- witnesses. ment clinic or medical marijuana treat- ment center shall at all times be subject to (u) Certification affidavit by applicants for the requirements of all applicable federal, related uses. state, county and local laws and ordi- (i) Any application for a business tax nances, as they may be amended from receipt under chapter 70 of this Code, time to time. as a pain management clinic or as a medical marijuana treatment center (t) Suspension or revocation of special excep- as such terms are defined in section tion. Any special exception granted fora 110-1 of this Code, shall be accompa- pain management clinic or medical maxi- nied by an executed affidavit certify- juana treatment center may be temporar- ing registration with the State of ily suspended or absolutely revoked by Florida and the city as a pain man - majority vote of the board of adjustment agement clinic or as a medical mar- at a public hearing, when the board of ijuana treatment center, as applica- adjustmenthas determined by competent ble. The failure of an applicant to substantial evidence that either: identify the business in the applica- (i) The pain management clinic or med- tion for a business tax receipt as a ical marijuana treatment center has pain management clinic or medical obtained the special exception upon marijuana treatment center will re - false statements, fraud, deceit, mis- sult in the immediate expiration of leading statements, or suppression the business tax receipt and imme- of material facts; diate ceasing of all activity con- ducted in the pain management clinic (ii) The pain management clinic or med- or medical marijuana treatment cen- ical marijuana treatment center has ter. Supp. No. 23 CD110:72 D I Wn ZONING § 110-491 Qe 24 (ii) Any applicant's application for a busi- ness tax receipt and executed affida- vit relating to use as a pain manage- ment clinic or as a medical marijuana treatment center, where applicable, shall be provided to the city building division at the time of the proposed use. (Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 09- 2014, § 2, 9-16-14) Sec. 110-490. Donation bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained, a donation bin in or on any lot, parcel or tract of land in any zoning district. As used in this section, "donation bin" shall mean any unattended container, receptacle or similar device that is located on any property within the city used for the solicitation, collection and stor- age of donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable mate- rials. (Ord. No. 13-2012, § 2, 9-18-12) Sec. 110-490.1. Vacation resort campus. A vacation resort campus is a multiple building property that includes a hotel, condominium, co- operative or timeshare plan, or any combination thereof, and is also a transient public lodging establishment duly licensed pursuant to F.S. ch. 509, and in which the units are master planned and organized in a campus arrangement that meets the following requirements: (a) The campus shall be master planned pur- suant to the terms and conditions of a negotiated development agreement ap- proved by the city council; (b) The campus, as used herein, shall contain a minimum of 25 contiguous acres of C-1 zoned property or a combination of C-1 and R-3 zoned property in which a hotel operation must exist within the campus; (c) The campus shall have direct access on a thoroughfare or high capacity roadway; Supp. No. 23 (d) The campus shall provide indoor and out- door recreational amenities customarily provided by a resort for their guests, such as a pool, theater, restaurant, daycare, etc.; (e) The campus shall include a food service facility that is open to the general public; (f) The total number of units in the campus shall not exceed the maximum density of the underlying zoning category; and (g) All development criteria shall be gov- erned by the underlying zoning category, including but not limited to building set- backs, building separation, required park- ing, height limits and density, unless oth- erwise agreed by the city in the master development agreement required by this section. (Ord. No. 10-2013, § 2, 7-16-13) Editor's note Ord. No. 10-2013, § 2, adopted July 16, 2013, set out provisions intended for use as § 110-491. At the editor's discretion, to prevent duplication of section numbers, these provisions have been included as § 110-490.1. DIVISION 2. OFFSTREET PARKING* Sec. 110-491. Number of spaces required. There shall be provided at the time of the erection or change of use of any main building or structure or at the time any main building or structure is enlarged or increased in capacity, by adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking space with adequate provisions for ingress or egress in accordance with the following: (1) Auditoriums, theatres, clubs, lodges, res- taurants and other places of assembly. One space for each three seats or seating places or one space for every 100 square feet of floor area of the main assembly hall, whichever is greater. (2) Churches, temples or places of worship. One space for each four seats or seating *Cross references—Requirements for landscape appear- ance and maintenance, § 34-99; buildings and building regu- lations, ch. 82. CD110:72.1 § 110-491 CAPE CANAVERAL CODE places or one space for each 125 square (15) All other uses. To be determined by the feet of floor area of the main assembly building official, who shall use the ratios hall, whichever is greater. established in this section as a standard (3) Hospitals. Two spaces for each patient for determining the requirements. bed plus one space for each employee on (Code 1981, § 641.01(A); Ord. No. 17-2010, § 2, the largest work shift. 11-16-10) (4) Libraries, museums. Offstreet parking Sec. 110-492. Location of spaces. spaces equal in area to 50 percent of the floor area open to the public. (a) Parking spaces for all residential uses shall (5) Manufacturing and industrial uses. One be located on the same property as the main space for each employee on the largest building, except that one-half the total number of work shift. required spaces for multiple -family dwellings, town- houses and mobile homes may be located in a (6) Medical or dental clinics. Three spaces for common parking facility not more than 200 feet each examination or treatment room plus distant from the nearest boundary of the site. one space for each employee. (7) Mortuaries. One space for each five seats (b) Parking spaces for other uses shall be pro - or seating places, exclusive of areas needed vided on the same lot or not more than 500 feet for ambulances. distant. (8) Nursing or convalescent homes and sani- (c) Parking requirements for two or more uses tariums. One space for each four patient of the same or different types may be satisfied by beds plus one space for each employee on the allocation of the required number of spaces for the largest work shift. each use in a common parking facility. (9) Commercial, office and professional build- ings, excluding medical and dental clin- (d) Required offstreet parking areas for seven ics. One space for each 300 square feet of or more automobiles shall have individual spaces gross floor area. marked and shall be so designed, maintained and regulated that no parking or maneuvering shall (10) Public buildings. One space for each five be on any landscaped buffer, public street, walk or seats or seating places or one space for alley and so that any automobile may be parked every 150 square feet of floor area in the and unparked without moving another, allowing, main assembly room, whichever is greater. however, a driveway of not more than 24 feet total (11) Residential uses, including single-family, on any street or alley for ingress or egress to the two-family and multiple -family dwellings offstreet parking area. and mobile homes. Two spaces for each living unit. (e) Parking spaces, access drives and aisles, and dumpster areas are permitted within set - (12) Colleges, technical and vocational schools. backs. One space for each student and faculty member. (f) Temporary parking on unpaved areas may (13) Hotels and motels. One space for each be approved by the city manager or designee as sleeping unit plus one space for 12 sleep- part of a permitted outdoor entertainment event ing units for employee parking. or city special event. Such approval shall apply only to properly licensed, operable motor vehicles (14) Assisted living facilities. One space for for a specified limited duration. each employee on the largest working (Code 1981, § 641.01(B); Ord. No. 04-2011, § 2, shift plus two spaces for every three units. 6-21-11; Ord. No. 06-2013, § 2, 6-18-13) Supp. No. 23 CD110:72.2 ZONING § 110-493 Sec. 110-493. Access. (a) In order to promote the safety of the motor- ist and the pedestrian and to minimize traffic congestion and conflict by reducing the magni- tude of and the points of contact, the following shall apply: (1) A point of access (a driveway or other opening for vehicles onto a public street) shall not exceed 24 feet in width, except as otherwise provided in this division. (2) The maximum number of points of access permitted onto any one street shall be as follows: Number of Lot Width Abutting Points of Street Access Less than 125 feet Over 125 feet provided; however, that a residential lot of less than 125 feet may have a circle driveway with two points of access pro- Qe vided that it comply with the other terms and conditions of this section. (3) Joint use access between abutting proper- ties is encouraged and there may be per- mitted a single joint use point of access up to 35 feet in width. Service stations shall be permitted two openings not to exceed 35 feet each in width along any abutting Supp. No. 23 CD 110:72.3 This page is intentionally left blank D ZONING § 110-592 Accent color: A contrasting color used to empha- size architectural elements. Architectural bay: The area enclosed by the storefront cornice above, piers on the side and the sidewalk at the bottom. Attraction and destination uses: A land use which by its nature generates high volumes of multimodal transportation activity which may originate outside of the city limits and may in- clude but not limited to theme parks, activity centers, and town centers. Awning: A roof -like cover, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a roof -like structure and is supported entirely by the building without the use of ground supports. Awning sign: Any sign located on the valance of a shelter supported entirely from the exterior wall of a building which extends over a building feature such as a door or window or a landscape/ site feature such as a patio, deck or courtyard and which is constructed of fabric. Bright paint: Paint containing "fluorescent dye of pigment which absorbs UV radiation and re - emits light of a violet or bluish hue used to increase the luminance factor and to remove the yellowishness or white or off-white materials." (Coatings Encyclopedic Dictionary) Canopy: A projecting horizontal architectural element, other than an awning, made of fire- resistant cloth, wood, metal or plastic with or without metal or wood frames, attached or de- tached and supported, in part, or entirely, by the ground. Cast stone: A refined architectural concrete building unit manufactured to simulate natural cut stone, used in masonry applications. Color palette: A color scheme that incorporates related colors of complimentary hues and shades. Cornice: The uppermost horizontal architec- tural band of moldings along the top of a wall or just below a roof. Supp. No. 23 Curtain wall: A non-structural building fagade or outer covering which does not carry any dead load from the building except its own load. Entablature: The superstructure of moldings and bands which lie horizontally above a column. FaVade: The front of a building or any of its sides facing a public way or space. Floor area ratio (FAR): A measurement of the intensity of building development on a site. The floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross land area. Florida Friendly Landscaping. Quality land- scapes that conserve water, protect the environ- ment, are adaptable to local conditions, and are drought tolerant. The principles of such landscap- ing include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible man- agement of yard pests, recycling yard waste, reduction of storm water runoff, and waterfront protection. Additional components include prac- tices such as landscape planning and design, soil analysis, the appropriate use of solid waste com- post, minimizing the use of irrigation, and proper maintenance. Frieze: Ornamental architectural horizontal band that runs above doorways and windows or below the cornice. Ground floor: The lowest story within a build- ing which, for the purpose of identifying street - level pedestrian activity, is the first 15 feet mea- sured vertically and accessible to the street, the floor level or which is within three feet above or below curb level and is parallel to or primarily facing any public street Hanging sign: A type of sign which is similar to projecting signs except that they are suspended below a marquee or under a canopy, making them generally smaller than projecting signs. High technology: High-technology uses include but are not limited to the manufacture, machin- ing, maintenance, repair, and testing of equip- CD110:85 § 110-592 CAPE CANAVERAL CODE ment and products that support the aerospace, automotive, aviation, naval, and military indus- tries. Mixed-use development: A type of development which may include one building, set of buildings, or defined project area for more than one purpose and may include any combination of uses, but not limited to residential, retail shops, eating estab- lishments including rooftop restaurants, profes- sional offices, industrial, and civic uses. Muntin: A strip of wood or metal separating and holding panes of glass in a window. Parapet: A low wall along the edge of a roof. Pedestrian sign: A type of sign which is at- tached to a wall or to the underside of an awning, architectural canopy or marquee with one or two faces perpendicular to the face of the building which identifies a use of service exclusively or primarily by symbol. Planned Development (PD): A designed devel- opment where the regulations of the underlying zone in which the development is situated are waived to allow flexibility and creative initiative in site, building design and location in accordance with the approved plan and imposed general requirements. Port of call facility: A tourist -related use with a range of uses which may include, but is not limited to commercial parking, transportation transfer facility, vehicle rental, taxi service, re- tail, restaurants visitor/information center, provi- sion for hotel, and other tourist support services. Primary color: One to three base colors chosen to dominate a color scheme. This definition does not relate to the color value or hue. Project: The erection, construction, major com- mercial additions, or major exterior alteration of any building or structure, including, but not lim- ited to monument signs located in an Economic Opportunity Overlay District. A project does not include construction that consists solely of (1) interior remodeling, interior rehabilitation or re- pair work; or (2) a residential building on a parcel or lot which is developed entirely as residential use and consists of three or fewer dwelling units, unless expressly provided for in an Economic Opportunity Overlay District established pursu- ant to this article. Projecting sign: A type of sign which is attached to a building face and projects out perpendicu- larly to the building wall by more than 18 inches and is effective when oriented to pedestrians. Shared parking: Shared parking is a tool by which adjacent land uses that have different parking demand patterns may reduce the com- bined parking requirements for each use and use the same parking spaces/areas throughout the day. Stepback: A stepback is a setback located on the upper floors of a building, typically to reduce the bulk of a building or to provide outdoor floor space. Street wall: The wall of facades created in a pedestrian oriented district when stores are built to the front yard and side yard setback. Stucco: A coarse plaster composed of Portland or masonry cement, sand and hydrated lime mixed with water and applied in a plastic state to form a hard covering for exterior walls. Wall sign: A type of sign which is attached to the face of a building wall which shall not project more than 18 inches and may include channel panels or letters made out of wood, metal, or recycled composite material. Water -efficient landscaping: Landscaping that maximizes the conservation of water, via the application of one or more of the principles of Florida Friendly Landscaping. Window sign: See section 94-1, Definitions. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12; Ord. No. 08-2014, § 3, 9-16-14) Secs. 110-593-110-603. Reserved. Supp. No. 23 CD110:86 19 it ZONING §110-650 d. Doors shall be comprised of non-tinted clear glass, which is free of temporary �"> il signage and/or other types of materials 1 : that may obstruct visibility. �r (Ord. No. 11-2012 § 2(Exh.A), 7-17-12) .' •eating Roof � ° Mass Sec. 110-649. Roof lines. a (1) Design new buildings to achieve consis- tency by creating continuity between the heights }° of adjacent roofs, parapets, and cornices, where - / possible. 1 a. Roof lines shall be designed to reflect a i; distinct style(such as)a relatively consis- tent horizontal cornice with a dominant vertical architectural element to meet the roof line;or 2)a collage effect with clearly juxtaposed roof lines that have a repeti- tive element. Figure 6. Facade Rhythm b. Severe roof pitches that create prominent a. A minimum of one significant detail or massingout-of-scale building elements shall be component shall be repeated no avoided. less than three times along each applica- ble elevation, as illustrated in Figure 6. (Ord. No. 11 2012, § 2(Exh.A), 7-17-12) b. The scale of the chosen element shall Sec. 110-650. Exterior surface materials. relate to the scale of the structure. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) (1) Select high quality, human-scale building materials to reduce building mass, create visual Sec. 110-648. Entry treatment. interest, and complement the community vision (1) Construct a dominant entryway to rein for architectural style of the AlA EOOD. force the character of the building, add visual interest, break up the monotony of flat surfaces, a The base of a building(the first two to five add a vertical element to break up the façade of feet above the sidewalks) shall be differ the building,and create an inviting entrance. entiated from the rest of the building façade with treatments such as change in a. A dominant entryway fronting a public material and/or color. street that is differentiated from the build- ing facade and provides a distinctive use b. The exterior facade of buildings shall in- of architectural treatments, materials, or corporate no less than two building mate- special lighting shall be constructed. rials including but not limited to tile, b. Buildings constructed on a corner shall brick, stucco, cast stone, stone, formed place the dominant entry on the corner at concrete or other high quality, long-last- a diagonal. The use of a curvilinear ele- ing masonry material over a minimum 75 ment for this entryway is strongly encour percent of the surface area (excluding aged. windows, doors and curtain walls.) The remainder of the wall area may incorpo- c. Building entries shall be illuminated at rate other materials. night. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Le Supp.No.23 CD110:93 § 110-651 CAPE CANAVERAL CODE a. Sec. Sec. 110-651. Windows and transparency. 4. Upper levels of all uses: 15% of sur- face area minimum. (1) Add visual interest and create a feeling of openness by incorporating window display areas b. Transparency of the ground level shall be and windows with architectural defining features calculated within the first 15 feet of the such as window frames,sashes,muntins,glazing, building wall,measured vertically at street paneled or decorated jambs and moldings. For level, as illustrated in Figure 7. purposes of this section, a window display area shall be an interior storefront or shop window c. In cases where a building has more than area which is visible from outside the storefront two facades fronting a street or primary or shop and designed to display an arrangement travel way,the transparency requirement of merchandise and other items for sale or other- shall only be required on two facades wise designed to attract customers to the store or based on pedestrian traffic and vehicular place of business.A window display area shall be visibility. oriented to create outside visual interest and d. All ground level windows shall be re- measured have a minimum depth of at least three feetaired to meet the minimum measured from the interior surface of the store- quiredtranspar- front or shop window into the store or shop and a ency requirements by providing either maximum height of 15 feet measured from pedes- direct views to the building's interior or to trian grade. a lit window display area. Window signs may be placed within the window display area,without limitation,provided any such window sign affixed to or in contact with the window glass shall not exceed 25 percent of the total window glass area fronting the window display area. Fur- • - r � �- ther, window signs outside of a window display area shall be prohibited unless such signs are exempted under section _ _ 94-4(6)94-4(6) of the City Code based on the amount of such signs that exist within - total window glass area that is not incor- t porated into the window display area. e. Ground level windows shall extend above Figure 7.Windows & Transparency a minimum 18 to 24 inch base. a. A minimum percentage of transparency f. A continuous curtain wall of glass which along a street or primary travel way for exceeds 30 feet in width and 15 feet in different levels of non-residential uses shall height without intervening vertical and be achieved as follows: horizontal breaks of at least 24 to 36 inches, shall be prohibited. 1. Ground level retail: 25% of surface area minimum; g. Street facing, ground floor windows shall 2. Ground level office or other commer- be comprised of non-tinted, clear glass. cial uses: 15% of surface area mini- h. Windows on the upper levels of buildings mum; may be comprised of tinted glass to reduce 3. Ground level of commercial use over glare and unnecessary reflection. 25,000 SF: 10%of surface area min- (Ord. No. 11-2012, § 2(Exh.A), 7-17-12; Ord. No. imum; and 08-2014, § 3, 9-16-14) Supp.No.23 CD110:94 Lq_ ZONING § 110-652 Sec. 110-652. Storefronts. (1) Promote an active pedestrian district by incorporating attractive and functional store- fronts into new construction. a. Multiple tenants with storefronts within a single building shall be architecturally consistent, but defined and separated through structural bays, horizontal lin- tels, vertical piers or other architectural features up to 30 -foot intervals. b. Individual storefronts shall not be used for storage or left empty without window displays. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Supp. No. 23 CD 110:94.1 This page is intentionally left blank D 31 ZONING 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 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. g. Neon signs and channel lettering are per- mitted. 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 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 advertising. 1. The exposed backs of all signs visible to the public shall be suitably finished and maintained. 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. n. The restoration of historic signage as may be prescribed in recognized preservation guidelines and historic documentation is strongly encouraged. o. No later than 90 days following the clos- ing of a business, any related signs shall be removed and replaced with blank pan- els or painted out. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-703. Awning signs. (1) Develop awning signs that are harmonious with architectural details of the facade 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. Supp. No. 23 § 110-705 b. If illuminated, awning sign illumination shall be external. Back -lit, translucent signs are prohibited. Lighting shall be directed downward and shall not illumi- nate the awning. To avoid having to replace awnings or paint out previous tenant signs when a new tenant moves in, the use of replace- able valances shall be considered. d. The shape, design, and color of the aw- nings shall be carefully designed to coor- dinate with, and not dominate, the archi- tectural style of the building. Where multiple awnings are used, on the build- ing, the design and color of the sign aw- nings shall be consistent. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-704. Pedestrian signs. (1) Develop coordinated pedestrian signage, which complements the pedestrian orientation of the AlA and Central Boulevard Corridor. a. Each business on the ground floor may have one pedestrian sign, except that cor- ner businesses with frontage on both streets may have two pedestrian signs. b. Each business that is located on a second floor may have a pedestrian sign on the ground level if there is direct exterior pedestrian access to the second floor busi- ness space. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-705. Projecting signs. (1) Design projecting signs, which are compat- ible with the architectural context of the AlA EOOD and which improve the overall appearance of the area. a. Projecting signs shall be hung at a 90 - degree angle from the face of the building. b. Appropriate materials include wood, metal, recycled composite material or other non - illuminated material with carved or ap- plied lettering, or any other material that is architecturally compatible with the build- ing to which the sign is attached. CD110:101 § 110-705 CAPE CANAVERAL CODE C. Sign supports and brackets shall be com- patible with the design and scale of the sign and the architectural design of the building. Where appropriate, decorative iron and wood brackets are encouraged. d. The text, copy, or logo face shall not ex- ceed 75 percent of the sign face of a projecting sign. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-706. Wall signs. (1) Design wall signs to be compatible with the architectural context of the AIA EOOD and which improve the overall appearance of the area. a. Multiple wall signs on a building facade shall be located in order to maintain a physical separation between each individ- ual sign, so it is clear that the sign relates to a particular store below. b. Wall signs shall be mounted on a flat building surface, and, unless a projection is an integral design element, shall gen- erally project as little as possible from the building's face. Wall signs shall not be placed over or otherwise obscure architec- tural building features, nor shall they extend sideways beyond the building face or above the highest line of the building to which it is attached. C. Wall signs shall be located on the upper portion of the storefront, within or just above the storefront opening. On multiple story buildings, the best location for a wall sign is generally a band or blank area between the first and second floors. New wall signs in a shopping center that does not have an approved sign program shall be placed consistent with sign loca- tions on adjacent businesses. e. For new and remodeled shopping centers, a comprehensive sign program for all the signs in the center shall be developed and approved by the community appearance board. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-707. Hanging signs. (1) Design hanging signs to be suspended be- low a marquee or a canopy to help define entries and identify business names to pedestrians. a. Where overhangs or covered walkways exist, pedestrian -oriented hanging signs are encouraged. b. Hanging signs can be particularly useful for storefronts that have multiple ten- ants. C. Hanging signs shall be simple in design and not used to compete with any existing signage at the site, such as wall signs. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-708. Window signs. Design window signs to complement the fagade of the building and be incorporated into and not detract from the overall design. (Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-709. Business park/area multi-user sign. Pursuant to a developer's agreement approved by council, a multi-user sign may be erected on SR AIA, Center Street and/or Central Boulevard to provide signage for properties/businesses located along Central Street, Imperial Boulevard, Brown Circle, and Commerce Street. (Ord. No. 08-2014, § 3, 9-16-14) Secs. 110-710-110-719. Reserved. ARTICLE XI. PLANNED DEVELOPMENTS DIVISION 1. GENERALLY Sec. 110-720. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means the property owner or the property owner's authorized agent seeking to de- velop land as a planned development pursuant to this article. Supp. No. 23 CD110:102 J F& ZONING § 110-720 Common open space means a parcel of land or a combination of land and water within a planned development designed and intended for the use or enjoyment of the patrons or residents of the planned development. Common open space shall be integrated throughout the planned develop- ment to provide for a linked recreational/open space system. Concept plan means a generalized plan illus- trating the assessment and possible suitable de- velopment of a site. Construction means the process, usually requir- ing the professional services of an architect and/or engineer, of building, altering, repairing, improv- ing or demolishing any structure or building or other improvements of any kind to any real prop- erty. Construction schedule means a comprehensive statement demonstrating the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A construction schedule shall contain an exact description of the specific buildings, facilities, common open space and other improvements to be developed by the end of each time period. Phase means a specified portion of an approved planned development that may be developed as an independent entity which is delineated in the approved land use and site/construction plans and specified within the construction schedule. Land use plan means the plan approved by the city council pursuant to this article and on file with the city which establishes the planned de- velopment zoning designation on the applicant's property. Planned development means an area of land developed as a single entity or in approved phases in conformity with approved land use and site/ construction plans by a property owner or a property owner's authorized agent(s), which is comprehensively planned to provide for a variety of land uses and common open space. Site means the actual physical area to be developed as a planned development, including the natural and man-made characteristics of the area. Site /construction plan means a detailed, di- mensional plan at a reproducible scale providing information and graphic depiction of all physical development relationships to occur within a tract of a planned development. Tract means an area of land delineated within a phase, which is separate unto itself having a Supp. No. 23 CD110:102.1 This page is intentionally left blank D APPENDIX A FRANCHISES Article I. Cable Television Franchise (Reserved) Article III. Gas Franchise Agreement Sec. I. Article II. Electric Sec. Sec. 1. Grant of electric utility franchise: term of franchise. Sec. Sec. 2. Facilities requirements. Sec. Sec. 3. Indemnification. Sec. Sec. 4. Rates, rules and regulations of grantee. Sec. Sec. 5. Franchise fee. Sec. Sec. 6. Most favored nations. Sec. Sec. 7. Noncompetition by grantor. Sec. Sec. S. Competitive disadvantage: termination by grantee. Sec. Sec. 9. Legislative or regulatory action. Sec. Sec. 10. Default by grantee. Sec. Sec. 11. Default by grantor. Sec. Sec. 12. Grantor's right to audit. Sec. Sec. 13. Renewable energy. Sec. 14. Undergrounding of facilities. Sec. 15. Smart grid technology. Sec. 16 Infrastructure hardening. Sec. 17. Preferential or discriminatory practices prohibited. Sec. 18. No joint venture. Sec. 19. Sec. 20. Notices. Captions. Sec. 21. Headings: entire agreement; governing law. Sec. 22. Grantor's rights of intervention. Sec. 23. Jurisdiction and venue. Sec. 24. Qualified severability. Sec. 25. Definition of "person". Sec. 26. Repeal of prior inconsistent ordinance, resolutions ments. Sec. 27. Incorporation into code. Sec. 28. Effective date. Article III. Gas Franchise Agreement Sec. I. Recitals. Sec. Il. Short title. Sec. III. Purpose and goals. Sec. IV. Definitions. Sec. V. Grant of franchise. Sec. VI. Effective date of franchise; term. Sec. VII. Franchise operation. Sec. VIII. Transfer of ownership or control. Sec. DX. Franchise fees. Sec. X. Forfeiture or revocation. Sec. XI. Liability and insurance. Sec. XII. Indemnification and hold harmless. Sec. XIII. Design and construction provisions. Sec. XIV. Books and records available to city. Supp. No. 23 CDAA and agree - CAPE CANAVERAL CODE 'j Sec. XV. Preferential or discriminatory practices prohibited. Sec. XVI. Service standards. Sec. XVII. Miscellaneous provisions. Article IV. Telephone (Reserved) Article V. Water Franchise 19 Supp. No. 23 CDA:2 APPENDIX A—FRANCHISES ARTICLE I. CABLE TELEVISION FRANCHISE (RESERVED)* ARTICLE II. ELECTRICt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCES- SORS AND ASSIGNS, AN ELECTRIC FRAN- CHISE, IMPOSING PROVISIONS AND CONDI- TIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY; PROVID- ING FOR THE REPEAL OF PRIOR INCONSIS- TENT ORDINANCES AND RESOLUTIONS, PRO- VIDING FOR QUALIFIED SEVERABILITY, PROVIDING FOR INCORPORATION INTO AP- PENDIX "A" OF THE CITY CODE, AND PRO- VIDING FOR AN EFFECTIVE DATE. D Supp. No. 23 CDA:3 *Editor's note—At the direction of the city, pursuant to an e-mail dated Dec. 30, 2013, Appendix A, Article I, has been removed from this Code. Article I, §§ 1-29, which pertained to cable television franchise and derived from Ord. No. 38-94, §§ 1-28, adopted Nov. 1, 1994, expired on November 1, 2004. tEditor's note—This electric franchise, adopted by Ordi- nance Number 05-2011 on August 16, 2011, amends art. II in its entirety and enacts similar provisions as set out herein. The former article II derived from Ord. No. 25-81, §§ 1-12, adopted Dec. 15, 1981. Amendments to the franchise are indicated by parenthet- ical history notes following amended provisions. The absence of a history note indicates that the provision remains un- changed from the original franchise. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, capitalization, citation to state statutes, and expression of numbers in text has been used to conform to the Code of Ordinances. Additions made for clarity are indicated by brack- ets. Cross reference—Public service tax, § 70-26 et seq. [The next page is CDA:15] Supp. No. 23 CDA:3 This page is intentionally left blank �q_ APPENDIX A—FRANCHISES to: City Manager, City of Cape Canaveral, Flor- ida, 105 Polk Avenue, Cape Canaveral, Florida 32920. All notices to the company shall be sent to: Michael A. Palecki, NUI Corporation, Southern Division, 955 East 25th Street, Hialeah, Florida, 33013, and to Randall Harris, NUI Company, 4180 South U.S. Highway 1, Rockledge, Florida, 32955. The names and address in this section may be unilaterally amended by either party at anytime by giving written notice to the other party. 17.5. Captions. Captions to sections through this agreement are solely to facilitate the reading and reference to the sections and provisions of the agreement. Such captions shall not affect the meaning or interpretation of the agreement. 17.6. Seuerability. If any section, subsection, sentence, clause, phrase, or portion of this agree- ment is, for any reason, held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this agreement. 17.7. City's rights of intervention. The company agrees not to oppose intervention by the city if any suit or proceeding to which the company is a party, concerning or involving the company and the city's rights under this agreement. 17.8. Headings; entire agreement, governing law. The headings contained in this agreement are for reference purposes only and shall not affect in any way the meaning and interpretation of this agreement. This agreement constitutes the entire agreement and supersedes all prior agree- ments and understandings, both written and oral, among the parties with respect to the subject matter hereof. This agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of Florida. 17.9. Jurisdiction and venue. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject mat- ter of any litigation between the parties arising hereunder. For purpose of state court action, Supp. No. 23 venue shall lie within Brevard County, Florida, and for the purpose of federal court action, venue shall lie within Orlando, Florida. THE COMPANY HEREBY WAIVES RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON THIS AGREEMENT OR ON ANY MATTER ARISING IN CONNECTION WITH THIS AGREEMENT. 17.10. Attorney's fees. In the event of any litigation or arbitration arising out of this agree- ment, the prevailing party shall be entitled to an award of its reasonable attorney's fees and court costs incurred in such action. 17.11. Franchise costs. The company agrees to pay the public advertising costs incurred by the city in granting this franchise or any renewal or assignment thereof. 17.12. Renegotiation clause. In the event of a material change in federal or state law(s) or public service commission rule(s) or in the event the company enters into a franchise or other agreement with Brevard County or any other city within Brevard County which provides the county or other city more favorable franchise fees than provided to the City under this franchise, the city and the company mutually agree to renegotiate those particular terms of this franchise affected by changes in said law(s) rule(s), or franchises or agreements. This franchise shall remain in full force and effect until any negotiated amendments have been duly approved by both the city and the company, however, if the company fails to negoti- ate said amendments in good faith and in a timely manner, the city shall have the right to terminate this franchise pursuant to paragraph 10.4 herein. (Ord. No. 1-97, § 1, 2-18-97) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CDA:27 CAPE CANAVERAL CODE V CITY. CITY OF CAPE CANAVERAL, WITNESSES: FLORIDA /s/ Susan Stills By: /s/ John K. Porter /s/ Greg Mullins COMPANY: WITNESSES: NATIONAL UTILITY INVESTORS /s/ By: /s/ STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 18th day of February, 1997, by JOHN K. PORTER, Mayor of the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, on behalf of the aforesaid municipal corporation, who is/is not personally known to me, or has produced as identification. /s/ Sandra H. Sims NOTARY PUBLIC ARTICLE IV. TELEPHONE (RESERVED)* ARTICLE V. WATERT' *Editor's note—At the direction of the city, pursuant to an e-mail dated Dec. 30, 2013, AppendixA, Article IV, has been removed from this Code. Article IV, §§ 1-11, which pertained to telephone franchise and derived from Ord. No. 24-95, §§ 1-11, adopted Sept. 19, 1995 and Ord. No. 4-96, § 1, adopted May 21, 1996, expired on September 19, 2010. Cross reference—Public service tax, § 70-26 et seq. tEditor's note—The water franchise has been handled by an interlocal agreement between the City of Cape Canaveral, Florida, and the City of Cocoa, Florida. A copy of said agree- ment is on file in the city clerk's office. Supp. No. 23 CDA:28 CODE COMPARATIVE TABLE Ordinance/ Resolution Number Date Section 15-2011 12-20-11 2 01-2012 2-21-12 2 02-2012 3-20-12 2 2012-05(Res.) 4-17-12 2 2012-06(Res.) 4-17-12 2 04-2012 4-17-12 2 05-2012 4-17-12 2 06-2012 4-17-12 2 3(Exh. B) 4 13-2012 9-18-12 2 16-2012 12-18-12 2 17-2012 10-16-12 2 18-2012 11-20-12 2 21-2012 12-18-12 2 3 23-2012 12-18-12 2 03-2013 3-19-13 2 Supp. No. 23 CCT:25 Section 3 07-2012 5-15-12 2 110-222 3 2012-08(Res.) 5-15-12 2 08-2012 6-19-12 2 09-2012 6-19-12 2 110-1 3 10-2012 7-17-12 2 11-2012 7-17-12 2(Exh. A) 3(Exh. B) 4 13-2012 9-18-12 2 16-2012 12-18-12 2 17-2012 10-16-12 2 18-2012 11-20-12 2 21-2012 12-18-12 2 3 23-2012 12-18-12 2 03-2013 3-19-13 2 Supp. No. 23 CCT:25 Section this Code 110-221 110-222 110-223 110-224 Added 10-46(e), (f) 10-47 82-31 110-1 110-171 App. B, Ch. 78, Art. IV App. B, Ch. 78, Art. III 78-180 78-152 110-1 110-271 110-291 110-311 Rpld 110-332(15) 110-486 110-487 2-283(a)(10) Added 82-116-82-125 Added 2-283(a)(13) Added App. B, Ch. 82, Art. V Added 110-352(11) 2-283(a)(10) Rp1d 62-2 2-56 Added 110-585-110-592, 110-604-110-610, 110-621-110-629, 110-641-110-656, 110-668-110-671, 110-683-110-689, 110-701-110-708 Added 110-720-110-727, 110-740-110-743 110-331 110-351 110-380 Added 110-490 70-29(a) Added 38-8 2-209 2-210 2-211 Added 2-212 Added 2-283(a)(14) 94-5(b) Added 22-50 110-1 110-609 Added 110-687(1)d., e. 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 110-4920 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 14-2013 11-19-13 2 2-66(f), (g) 2-68 17-2013 1-21-14 2 Added 92-1-92-15 3 Added 2-283(a)(16) 01-2014 1-21-14 2 1 102--36 102-37(tit.), (e) 102-43(b)(5) 102-49(b) 102-52 102-53 102-54 02-2014 1-21-14 2 110-32(a) 04-2014 2-18-14 2 Rpld 90-26-90-36, 90-46-90-50, 90-61-90-68 Rpld 90-91-90-94 3 Added 90-26-90-109 4 Added 82-146-82-148 06-2014 6-17-14 2 90-172 07-2014 6-17-14 2 54-1,54-2 Rpld 54-3 54-5(b) Added 54-6-54-25 08-2014 9-16-14 2 94-1 94-4(6), (7) Added 94-4(13)—(16) 94-6(d), (bb) Added 94-6(cc)-4ee) 94-31(a) 94-35 94-76 94-78 94-81(a)(3) 94-85 Supp. No. 23 CCT:26 D q- L Ordinance/ Resolution Number 09-2014 Supp. No. 23 CODE COMPARATIVE TABLE Date 9-16-14 Section CCT:27 Section this Code 94-100 Added 94-121,94-122 110-592 110-651 Added 110-709 110-1 Added 110-334(c)(18) Added 110-351(c)(15), (16) Added 110-383(c)15. 110-489 This page is intentionally left blank STATE LAW REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the Florida Statutes. F. S. Section 1.01 34.191 ch. 50 50.041 50.051 60.05 chs. 97-106 101.657 ch. 106 ch. 112, pt. III 112.061 112.3135 112.3143 ch. 119 119.011 119.021 161.041 161.053 161.055 161.52 et seq. 161.54 161.55(1)(d) 161.141 161.142 161.161 161.163 ch. 162 162.05 162.09(3) 162.21(6) Supp. No. 23 Section this Code 1-2 Ch. 50 2-288 2-288 2-288 2-292 2-296 2-297 Ch. 26 26-1 26-5 Char. § 7.02 Char. § 7.01 2-300 Char., § 7.03 2-67 78-98 2-116 2-116 82-85 Ch. 14, Art. III 90-77 90-55 Ch. 82, Art. IV 90-79 82-94 82-81 90-55 Ch. 14, Art. III Ch. 14, Art. III Ch. 14, Art, III Ch. 2, Art. VI 2-256 2-258 2-260 2-281 2-282 2-296 10-92 34-42 82-400(f) 91-7 102-37 2-257 78-60 2-287(e) F.S. Section 162.22 ch. 163 163.387 163.3161-163.3211 163.3174 163.3178 163.3180(12) 163.3180(16) 163.3180(16)(6)1 163.3180(16)(e) 163.3220 ch. 166 166.021(1) 166.021(10) 166.04 166.041 166.101 166.101 et seq. 166.222 166.231 166.231(1)(b) 166.232 166.3164 167.22 ch. 170 ch. 177 177.25 et seq. ch. 192 et seq. 193.1142 ch. 194 203.012 ch. 205 205.043(2), (3) SLT:1 Section this Code 10-92 22-50 58-56 110-37(a) 22-50 58-57 58-56 82-93 86-22 86-26 86-21 86-23 86-25 86-2 110-37 110-37(a) App. A, Art. II 2-300 110-137 1-11 10-87 110-137(e) Ch. 2, Art. V Ch. 70 82-322 Ch. 70, Art. II 70-27 70-29 Ch. 70, Art. II 115-1(7) App. A, Art. III, § 8 90-192 Ch. 98 98-1 98-31 98-41 98-58 110-423 110-222 Ch. 70 22-50 102-36 70-26 Ch. 70, Art. III 70-83 70-81 CAPE CANAVERAL CODE F.S. Section F.S. Section Section this Code Section this Code 205.053 70-75 ch. 470 62-1 205.053(1) 70-74 ch. 471 82-322 70-76 471.003 82-322 205.053(2) 70-75 471.005 82-322 205.053(3) 70-75 ch 480 10-90 206.9925 54-9 ch. 481 82-322 215.85 2-206 482.1562(9) 92-2 ch. 286 Ch. 2, Art. II, Div. 3 489.105 82-322 286.0115 2-66 489.119 82-322 ch. 316 54-8 489.127 82-375 74-1 82-377 74-63 489.127(2) 82-379 316.003 74-56.5 489.127(5)Q) 82-384 316.008(1)(e) 54-8 489.127(5)(m) 82-380 316.194 74-56 489.129 82-322 316.195 34-34 489.131(3)(e) 70-85 316.293 Ch. 34, Art. V 489.132(1) 82-375 316.1936 Ch. 6, Art. III, Div. 2 82-377 316.1945 74-56 489.501 et seq. 30-26 Ch. 318 74-63 501.160 18-5 320.01 90-77 ch. 509 110-1 320.823 82-81 110-486 82-88 110-490.1 320.8249 90-88 ch. 515 110-582 Ch. 337 66-1 ch. 517 10-86 339.155 86-29 ch. 553 Ch. 82 366.02 90-50 82-321 370.12 Ch. 14, Art. III 553.36(12) 82-81 373.036 90-55 110-1 373.185(1)(b) 110-685 553.71 82-322 376.031 54-9 553.71(7) 82-322 380.04 86-2 553.73(5) 90-66 ch. 381 10-163 553.73(8) 82-400(e) 381.0065 90-55 553.73(10)(k) 90-50 381.0075 110-352 553.77 82-322 ch. 386, pt. I 10-62 553.79 2-2860 402.302 110-1 82-322 ch. 403 78-275 553.79(7) 82-323 403.91 et seq. Ch. 106, Art. II 553.80 2-286(fl 403.413 Ch. 34, Art. II 553.900 Ch. 82, Art. IX 403.415 Ch. 34, Art. V 556 App. A, Art. III, 403.702 et seq. Ch. 62 § 13.5 403.7046 62-4 ch. 561 6-52 403.801 et seq. 106-29 6-53 403.9337 92-14 10-108 403.9338 92-2 chs. 561-568 110-171(a)(2) 413.08 54-13 110-172 ch. 458 110-489 ch. 561 et seq. Ch. 6 458.3265 110-1 561.01 6-51 ch. 459 110-489 54-14 459.0137 110-1 561.01(4)(a) 110-1 ch. 468 82-32 ch. 562 10-108 82-148 562.14 6-26,6-27 Supp. No. 23 SLT:2 Lm - 31 F.S. Section 562.45 ch. 563 ch. 564 ch. 565 565.02(4) 570.02 581.091 585.001 604.50 ch. 633 633.022 633.025 633.025(1) 633.025(3) 658.98 ch. 705 705.101 et seq. ch. 718 760.34 768.28 ch. 769 775.082 775.083 784.045 790.001 790.01 790.15 790.33 ch. 791 791.01 791.01(4)(b) ch. 794 ch. 796 796.07 ch. 800 Supp. No. 23 STATE LAW REFERENCE TABLE Section this Code 6-27 10-108 10-108 10-108 110-171 92-2 110-684 54-13 90-50 Ch. 38 Ch. 38, Art. II Ch. 38, Art. 11, 98-114(o) 38-26 38-28 2-206 34-180 Ch. 34, Art. VI 78-276 110-404 110-723 36-4 Char, Art. XXIV, § 11, Char. Art. XXIV, §12 10-87 2-286(e) Ch. 50 50-1 2-286(e) Ch. 50 50-1 54-25 54-11 18-3 50-1 54-11 Ch. 38, Art. IV 54-11 110-1 38-81 110-1 110-1 10-90 10-108 80-1 10-90 10-108 80-1 2-293 10-90 10-108 F.S. Section 800.03 806.111 ch. 810 810.09 ch. 812 812.019 ch. 817 823.041 823.14 ch. 826 ch. 827 839.13 843.01 ch. 847 847.013 847.0133 847.0134 ch. 849 849.231 856.015 870.01 870.03 870.041 et seq. 874.03 877.03 ch. 893 893.03 893.13 893.138 ch. 895 ch. 943 943.25(13) SLT:3 Section this Code 80-1 10-90 10-86 80-1 54-15 80-1 2-293 80-1 54-13 92-11 10-90 10-108 10-90 10-108 1-13 54-25 10-90 10-169 10-90 10-90 10-101 10-200 54-14 54-14 54-14 54-25 54-25 Ch. 18 2-293 10-86 2-293 10-108 80-1 54-25 10-86 2-292 2-293 2-294 10-108 2-284 50-3 This page is intentionally left blank D A ABANDONED PROPERTY Additional remedies ..................... Code enforcement board hearing proce- dures Conduct ............................. Issuance, filing of board order ......... Setting date; notice ................... Compliance with notice or order to remove; removal by city upon noncompliance Definitions ............................. Disposition of property removed by city.. . Entry upon private property authorized . . Liability of owner for towing, storage ex- penses; collection of lien on private property ........................... Notice to abate Contents ............................. Insurance ............................ Notification of owner following removal by city Contents of notice ................... . Documentation filed with state ........ Notice by publication ................. Notice to owner ...................... State, other official agencies, notice to. . Penalty................................ Property abandoned or lost on public prop- erty............................... Redemption prior to sale by city ......... Signs and hazardous signs .............. Storing, parking or leaving on private prop- erty............................... Zoning; abandoned variance or special ex- ception............................ ACCESS Franchise regulations in general. See: FRANCHISES (Appendix A) Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Stormwater drainage Illicit discharge and connection Suspension of MS4 access .......... CODE INDEX Section ADULT ENTERTAINMENT ESTABLISH- MENTS. See: SEXUALLY ORIENTED BUSINESSES, ADULT ENTERTAIN - 34 -179 MENT ESTABLISHMENTS 34-183(b) 34-183(d) 34-183(a) 34-184 34-176 34-186 34-177 34-188 34-182(b) 34-182(a) 34-185(c) 34-185(e) 34-185(d) 34-185(a) 34-185(b) 34-178 34-180 34-187 94-62 34-181 110-32 110-26 et seq. 78-407 ACCESSORY STRUCTURES Land development code regulations re zon- ing. . .............................. on- ing................................ 110-26 et seq. See: LAND DEVELOPMENT CODE ACCIDENTS Vehicles for hire Report of accidents ................... ACTIONS. See: SUITS, ACTIONS AND OTHER PROCEEDINGS Supp. No. 23 80-88 ADVERTISING Loudspeakers, sound amplifiers, etc., use for Noises, enumeration of prohibited ..... Signs Land development code regulations .... See: LAND DEVELOPMENT CODE AFFIRMATION. See: OATH, AFFIRMATION, SWEAR OR SWORN AGENCIES OF CITY. See: DEPARTMENTS AND OTHER AGENCIES OF CITY AGENDA City council ............................ AGREEMENTS. See: CONTRACTS AND AGREEMENTS AIRCRAFT Litter dropping from aircraft ............ ALARM SYSTEMS Appeals................................ Application for permit; emergency notifica- tion; reporting changes in notification Audible sound systems .................. Automatic telephone direct dialing device; digital alarm communicator system . Definitions ............................. Disconnection .......................... Failure to disconnect; unauthorized re- connection... ..................... e - connection......................... Fees charged; malfunction, false alarms .. Fees schedule in general. See: FEES (Ap- pendix B) Issuance, permit; posting ................ Operations ............................. Penalty; enforcement .................... Permit (alarm) required; fee; renewal .... Reconnection ........................... Response to activation; owner response, false alarm, corrective action ....... ALCOHOLIC BEVERAGES Adult entertainment Establishments, operation of Hours of operation ................. Nudity on premises where served, consumed or stored ........... Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Motor vehicles Definitions ........................... Exceptions ........................... Open containers prohibited ........... CDiJ Section 34-153(3) 94-1 et seq. 2-60 34-35 30-33 30-28 30-38 30-37 30-26 30-32 30-34 30-31 30-29 30-39 30-35 30-27 30-36 30-30 6-26 6-27 110-26 et seq. 6-66 6-69 6-68 CAPE CANAVERAL CODE Section Section ALCOHOLIC BEVERAGES (Cont'd.) ANNEXATIONS (Cont'd.) Policy and intents .................... 6-67 Franchise regulations in general. See: Ocean beach ............................ 6-53 FRANCHISES (Appendix A) Open containers Land development code regulations re zon- Prohibited in motor vehicles........... 6-68 ing................................ 110-26 et seq. Outdoor entertainment events See: LAND DEVELOPMENT CODE Permit; alcohol sales and consumption. 10-62 Parking areas ANNUAL BUDGET. See: BUDGET Possession and consumption .......... 6-51 APPROPRIATIONS Parks and recreation areas Certain ordinances not affected by Code .. 1-10(a)(6) Alcoholic beverages/tobacco products; gambling ....................... 54-14 ASSOCIATIONS Possession and consumption .......... 6-52 Persons; definitions and rules of construc- Penalty................................ 6-1 tion extended and applied to........ 1-2 Streets, alleys, sidewalks and parking ar- ATOMIC ENERGY USES eas, possession and consumption in . 6-51 Land development code regulations re zon- Vehicles for hire ........................ 80-87 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 AUDIO ALARMS. See: ALARM SYSTEMS Outdoor entertainment events ........... 10-46 et seq. See: OUTDOOR ENTERTAINMENT AUTOMATED TELEPHONE ALARM SYS - EVENTS TEMS. See: ALARM SYSTEMS Sexually oriented businesses, adult enter- 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 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 B Designation of ....................... 14-2 County animal control ordinance BEACHES Adopted ............................. 14-26 Alcoholic beverage possession on Ocean Animal control officer ................. 14-27 beach ............................. 6-53 Parks and beaches Animals prohibited on beaches........... 14-28 Animals prohibited on .............. 14-28 Dune parking prohibited ................ 74-59 Noises, enumeration of prohibited........ 34-153(5) Parks and recreation Outdoor entertainment events Commercial beach vendor franchises... 54-5 Permit; turtle protection .............. 10-68 Sea turtles generally .................... 14-51 et seq. Parks See: ANIMALS AND FOWL Animals prohibited in ................ 14-28 Sleeping and camping in public areas and Domestic and other animals........... 54-13 beaches ........................... 50-4 Penalty 14-1 Street excavations ...................... 66-61 et seq. Sanctuary See: STREETS, SIDEWALKS AND Sanctuary, designation of ............. 14-2 OTHER PUBLIC WAYS Sea turtles Wetlands protection ..................... 106-26 et seq. Beach activities ...................... 14-58 See: LAND DEVELOPMENT CODE Definitions ........................... 14-52 BEER. See: ALCOHOLIC BEVERAGES Enforcement and penalty ............. 14-53 Exemptions .......................... 14-54 BEES AND BEEHIVES. See: ANIMALS AND Existing development ................. 14-56 FOWL New development .................... 14-55 Publicly owned lighting ............... 14-57 BIDS AND BIDDING Purpose and scope .................... 14-51 Bidders City bidders list ...................... 2-218(2) ANNEXATIONS Purchasing generally .................... 2-216 et seq. Certain ordinances not affected by Code.. 1-10(a)(13) See: PURCHASES AND PURCHASING Supp. No. 23 CDi:2 31 A CODE INDEX Section BILLBOARDS. See: SIGNS AND BILL- BOARDS BIRDS. See: ANIMALS AND FOWL BLIGHT Property maintenance standards......... 34-91 et seq. See: PROPERTY MAINTENANCE STANDARDS BLOCKS Subdivisions Land development code regulations.... 98-1 et seq. See: LAND DEVELOPMENT CODE BOARDS, COMMITTEES AND COMMIS- SIONS Board of adjustment ................... . See: LAND DEVELOPMENT CODE Business and cultural development board. See: BUSINESS AND CULTURAL DE- VELOPMENT BOARD Code enforcement board ................. See: CODE ENFORCEMENT BOARD Code of conduct ......................... Community appearance review board .... See: COMMUNITY APPEARANCE RE- VIEW BOARD Construction board of adjustments and ap- peals.............................. Building code. See: LAND DEVELOP- MENT CODE Criminal nuisance abatement board..... . See: CODE ENFORCEMENT Culture and leisure services board ....... See: PARKS AND RECREATION Definitions and rules of construction ..... Delegation of authority Definitions and rules of construction ... Joint authority Definitions and rules of construction ... Library board .......................... See: LIBRARY Planning and zoning board .............. See: LAND DEVELOPMENT CODE Uniform procedures and requirements.... BOATS, DOCKS AND WATERWAYS Exhaust of motorboats Noises, enumeration of prohibited ..... Floodplain management ................. See: LAND DEVELOPMENT CODE Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Litter, throwing in river or other body of water............................. Outdoor entertainment events Permit; water craft, use of ............ Stormwater drainage Illicit discharge and connection Watercourse protection ............. Supp. No. 23 110-2 22-26 et seq. 2-256 et seq. 2-172 22-36 et seq. 82-32 et seq. 2-292 et seq. BOATS, DOCKS AND WATERWAYS (Cont'd.) Vessel control and water safety Area of enforcement .................. Careful and prudent operation required Definitions ........................... Designation of areas of regulated water activities ........................ Designating additional areas of regu- lated water activities, procedure for........................... Enforcement Area of enforcement ................ Means of enforcement .............. Penalties .......................... Exemptions ......................... . Means of enforcement ........... . ... . Penalties ............................ Purpose and findings ................. Speed not to be greater than what is reasonable under the conditions .. Water safety. See herein: Vessel Control and Water Safety Wetlands protection ..................... See: LAND DEVELOPMENT CODE Zoning regulations Boats, vessels and boat trailers Living aboard ..................... Living or residing in boats, utility trailers, recreational vehicles and special purpose vehicles ....... Location of ........................ Parking and storage ............... 54-26 et seq. BODIES OF WATER. See: BOATS, DOCKS Section 54-48 54-50 54-47 54-52 54-53 54-48 54-49 54-55 54-54 54-49 54-55 54-46 54-51 106-26 et seq. 110-552 110-553 110-551 110-554 1-2 1-10(a)(2) 2-218(9) 94-1 et seq. 34-153(6) BOOKS 90-26 et seq. Library ................................ 46-1 et seq. See: LIBRARY 110-26 et seq. BOTTLED GAS Public service tax ....................... 70-26 et seq. See: TAXATION 34-36 BOUNDARIES 10-71 Corporate limits Definitions and rules of construction ... Franchise regulations in general. See: 78-411 FRANCHISES (Appendix A) CDi:3 1-2 AND WATERWAYS 1-2 BODIES POLITIC AND CORPORATE 1-2 Persons; definitions and rules of construc- tion extended and applied to........ 1-2 46-26 et seq. BONDS, SURETY OR PERFORMANCE Certain ordinances not affected by Code . . 110-3 Franchise regulations generally. See: FRAN- CHISES (Appendix A) 2-171 Purchasing regulations .................. Signs Land development code regulations .... See: LAND DEVELOPMENT CODE Section 54-48 54-50 54-47 54-52 54-53 54-48 54-49 54-55 54-54 54-49 54-55 54-46 54-51 106-26 et seq. 110-552 110-553 110-551 110-554 1-2 1-10(a)(2) 2-218(9) 94-1 et seq. 34-153(6) BOOKS 90-26 et seq. Library ................................ 46-1 et seq. See: LIBRARY 110-26 et seq. BOTTLED GAS Public service tax ....................... 70-26 et seq. See: TAXATION 34-36 BOUNDARIES 10-71 Corporate limits Definitions and rules of construction ... Franchise regulations in general. See: 78-411 FRANCHISES (Appendix A) CDi:3 1-2 CAPE CANAVERAL CODE Section BOUNDARIES (Cont'd.) Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE BREVARD COUNTY. See: COUNTY BRIDGES Subdivisions Land development code regulations.... 98-1 et seq. See: LAND DEVELOPMENT CODE BRUSH. See: WEEDS AND DEAD VEGETA- TION BUDGET City manager Powers and duties .................... BUFFERS AND BUFFERING Floodplain management ................. See: LAND DEVELOPMENT CODE Tree protection, land clearing ............ See: LAND DEVELOPMENT CODE BUILDINGS. See also: LAND DEVELOP- MENT CODE Building appearance and maintenance ... Building code Generally ............................ Unsafe building abatement code ....... Buildings and building regulations. See: LAND DEVELOPMENT CODE Building sewers and connections ......... See: SEWERS AND SEWAGE DIS- POSAL Community appearance review board .... See: COMMUNITY APPEARANCE RE- VIEW BOARD Concurrency management ............... See: LAND DEVELOPMENT CODE Construction noise ...................... Fees schedule in general. See: FEES (Ap- pendix B) Floodplain management ................. See: LAND DEVELOPMENT CODE Franchise regulations generally. See: FRAN- CHISES (Appendix A) Impact fees ............................. See: IMPACT FEES Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Local amendments to Florida Building Code, Building Administrative amendments to Florida Building Code, Building ......... Technical amendments to Florida Build- ing Code Building .......................... Residential ........................ 2-101(4) 90-26 et seq. 102-36 et seq, 34-98 82-31 et seq. 82-56 et seq. Supp. No. 23 CDi:4 Irn 19 Section BUILDINGS (Cont'd.) Local planning agency ................... 58-56 et seq. See: PLANNING AND DEVELOPMENT See: SOLID WASTE Old building sewers ..................... 78-80 Parks and recreation Injuring, interfering with, etc., build- BULKHEADS ings and other property.......... 54-20 Permits and miscellaneous fees Fees schedule in general. See: FEES Land development code regulations.... (Appendix B) Plan checking fee Fees schedule in general. See: FEES BURGLAR ALARMS. See: ALARM SYSTEMS (Appendix B) 34-154 Public service tax ....................... 70-26 et seq. See: TAXATION Solid waste ............................. Registration and maintenance of proper- 90-26 et seq. ties in foreclosure .................. 82-116 et seq. See: PROPERTY Solid waste ............................. Sanitary sewer system .................. 78-26 et seq. See: SEWERS AND SEWAGE DIS- 34-41 POSAL BUSINESS AND CULTURAL DEVELOP- Street excavations ...................... 66-61 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Advisory capacity ....................... Weeds and dead vegetation .............. 34-121 et seq. See: WEEDS AND DEAD VEGETA- 22-28 TION Definitions ............................. Supp. No. 23 CDi:4 Irn 19 BULK CONTAINERS Solid waste ............................. 62-1 et seq. See: SOLID WASTE 78-76 et seq. BULKHEADS Subdivisions 22-36 et seq. Land development code regulations.... 98-1 et seq. See: LAND DEVELOPMENT CODE 86-1 et seq. BURGLAR ALARMS. See: ALARM SYSTEMS 34-154 BURNING Solid waste ............................. 62-11(b) 90-26 et seq. BURYING/BURIAL Solid waste ............................. 62-11(c) Trash, rubble or other debris ............ 34-41 2-231 et seq. BUSINESS AND CULTURAL DEVELOP- MENT BOARD Advisory capacity ....................... 22-34 110-26 et seq. Composition ............................ 22-28 Definitions ............................. 22-26 Established ............................. 22-27 Indebtedness ........................... 22-35 Purpose and duties ..................... 22-33 82-146 BUSINESSES Fertilizer land application 82-148 Commercial and institutional applica- 82-147 tors ............................ 92-13 Supp. No. 23 CDi:4 Irn 19 CODE INDEX C CALLINGS Local business tax ...................... 70-66 et seq. See: TAXATION CAMPING Parks and recreation Sleeping and camping ................ Sleeping and camping in public areas and beaches ........................... CANALS Subdivisions Land development code regulations .... See: LAND DEVELOPMENT CODE CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS CAPE CANAVERAL. See: CITY CAPITAL EXPANSION PLANS Impact fee .............................. CAPITAL EXPANSION TRUST FUND Impact fees ............................. CARS. See: MOTOR VEHICLES AND TRAF- FIC CAUSES Effect of repeal of ordinances ............ CEMETERIES Parks and recreation areas .............. See: PARKS AND RECREATION Supp. No. 23 54-17 50-4 98-1 et seq. 2-237 2-236 1-9(b) 54-1 et seq. Section BUSINESSES (Cont'd.) Land development code Zoning 110-26 et seq. AlA Economic Opportunity Overlay 34-184 District 78-125 Landscaping; required screening for commercial parking facilities 110-690 Signage; business park/area multi- 34-187 user sign .................. 110-709 Local business tax ...................... 70-66 et seq. See: TAXATION 1-2 Outdoor entertainment events 90-26 et seq. Local business tax receipt required .... 10-49 Parks and recreation Commercial beach vendor franchises... 54-5 Commercial recreational franchises .... 54-6 Sexually oriented businesses, adult enter- 46-31 tainment establishments Local business tax receipts/home occu- 62-3 pations ......................... 10-128 Solicitors, peddlers and itinerant vendors. 16-26 et seq. See: PEDDLERS, CANVASSERS AND 66-64 SOLICITORS 66-69 Solid waste ............................. 62-1 et seq. See: SOLID WASTE C CALLINGS Local business tax ...................... 70-66 et seq. See: TAXATION CAMPING Parks and recreation Sleeping and camping ................ Sleeping and camping in public areas and beaches ........................... CANALS Subdivisions Land development code regulations .... See: LAND DEVELOPMENT CODE CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS CAPE CANAVERAL. See: CITY CAPITAL EXPANSION PLANS Impact fee .............................. CAPITAL EXPANSION TRUST FUND Impact fees ............................. CARS. See: MOTOR VEHICLES AND TRAF- FIC CAUSES Effect of repeal of ordinances ............ CEMETERIES Parks and recreation areas .............. See: PARKS AND RECREATION Supp. No. 23 54-17 50-4 98-1 et seq. 2-237 2-236 1-9(b) 54-1 et seq. CITY Section CERTIFICATES OF OCCUPANCY Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE 34-184 Sewer impact fee requirements .......... 78-125 CHARTER Definitions and rules of construction ..... 1-2 CITY Abandoned property Compliance with notice or order to re- move; removal by city upon non- compliance ...................... 34-184 Disposition of property removed by city 34-186 Notification of owner following removal by city .......................... 34-185 Redemption prior to sale by city ....... 34-187 Corporate limits Definitions and rules of construction ... 1-2 Definitions and rules of construction ..... 1-2 Floodplain management ................. 90-26 et seq. See: LAND DEVELOPMENT CODE Franchise regulations in general. See: FRANCHISES (Appendix A) Library board Liability of city limited ............... 46-31 Solid waste Authority of city to collect ............. 62-3 Ownership by city .................... 62-4 Street excavations Authority of city ...................... 66-64 City's right to restore surface ......... 66-69 Liability of city ....................... 66-62 CITY ATTORNEY Council Attendance at meetings ............... 2-127 Duties ................................. 2-126 CITY CLERK Duties ................................. 2-116 CITY COUNCIL City attorney Duties ............................... 2-126 City manager Powers and duties .................... 2-101(2) Code of conduct ......................... 2-28 Compensation Established for councilmembers other than mayor ..................... 2-41 Mayor, established for ................ 2-42 Definitions and rules of construction ..... 1-2 Election ................................ 2-26 Eminent domain powers re economic devel- opment ............................ 2-70 Library board Reports to ........................... 46-32 Mayor Compensation established for ......... 2-42 CDi:5 CAPE CANAVERAL CODE Section Section CITY COUNCIL (Cont'd.) COASTAL CONSTRUCTION Meetings Coastal construction code ................ 82-88 et seq. Adjournment ......................... 2-69 Buildings and building regulations. See: Adoption of motion ................... 2-67 LAND DEVELOPMENT CODE Call to order; quorum; roll call ........ 2-64 CODE ENFORCEMENT City attorney to attend ............... 2-127 Abandoned vehicles Consideration of matters before council 2-66 Code enforcement board hearing proce- General discussion ................... 2-68 dure............................ 34-183 Minutes ............................. 2-65 Buildings and building regulations Ordinances and resolutions Citations; unlicensed contractors; fail - Preparation prior to meeting........ 2-59 ure to obtain building permit..... 82-375 et seq. Parliamentary procedure .............. 2-61 Citations (code enforcement) Preparation and notice of agenda ...... 2-60 Applicable codes, ordinances; class vio- Presiding officer ...................... 2-62 lation ..................... ...... 2-283 Citation powers; personal investigation; Regular meetings ..................... 2-56 reasonable cause ................ 2-285 Sergeant at arms ..................... 2-63 Citation program, authorization of..... 2-282 Special meetings ..................... 2-57 Classes of violations, penalties ........ 2-291 Workshop meetings ................... 2-58 Definitions........................... 2-281 Ordinances and resolutions Enter upon property, authorization to.. 2-290 Preparation prior to meeting.......... 2-59 Form (citation) ....................... 2-288 Regular meetings ....................... 2-56 Intent; purpose....................... 2-280 Special meetings ........................ 2-57 Issuance procedure................... 2-287 Subdivisions Payment of penalty; court hearings .... 2-289 Plats and lot splits Training of code enforcement officers... 2-284 Final plat Violation; penalties; general........... 2-286 Planning and zoning board and Code enforcement board city council review; general criteria for approval ........ 98-61 Created .............................. Liens; application for satisfaction or re - 2-256 Uncontested elections ................... 2-27 lease of......................... Membership ......................... 2-260 2-257 Workshop meetings ..................... 2-58 Powers and duties .................... 2-258 Responsibilities ...................... 2-258 CITY MANAGER Violations and penalties Acting city manager ..................... 2-102 Prosecution of violations with no crim- Civil emergencies inalenalt p y • • " ' " " " 2-259 Persons authorized to declare ......... 18-2 Criminal nuisance abatement board Criminal nuisance abatement board ...... 2-292 et seq. Appeal .............................. 2-298 See: CODE ENFORCEMENT Criminal nuisances established; viola - Powers and duties ...................... 2-101 tions ........................... 2-295 Enforcement procedures; notice; hear - CITY TREASURER ing ... ........... ....... 2-296 Fees schedule in general. See: FEES (A g p- Establishment; membership; p; meetings; pendix B) definitions ...................... 2-293 Penalties; fines; liens; recording ....... 2-297 CIVIL EMERGENCIES Powers .............................. 2-294 Authority; governor's; president.......... 18-7 Purpose and intent ................... 2-292 Definitions ............................. 18-2 Duration and termination of emergency .. 18-4 CODE OF ORDINANCES* Emergency powers and measures ........ 18-3 Altering Code ........................... 1-13 Persons authorized to declare emergency . 18-2 Amendments to Code ................... 1-11 Sale of goods, services, or materials at Catchlines of sections ................... 1-3 unconscionable prices .............. 18-5 Certain ordinances not affected by Code .. 1-10 Violations and penalties ................. 18-6 Chapters or sections, references to ....... 1-5 CLERK. See: CITY CLERK *Note—The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other matters CLUBS pertaining to the use, construction and interpretation of this Persons; definitions and rules of construc- Code are contained in the adopting ordinance and preface tion extended and applied to........ 1-2 which are to be found in the preliminary pages of this volume. Supp. No. 23 CDi:6 CODE INDEX Section Section CODE OF ORDINANCES (Cont'd.) COMPETITIVE BIDS Code does not affect prior offenses, rights, Purchasing ............................. 2-216 et seq. etc ................................ 1-8 See: PURCHASES AND PURCHASING Definitions and rules of construction ..... 1-2 Effect of repeal of ordinances ............ 1-9 COMPREHENSIVE PLAN General penalty; attorneys' fees and costs 1-15 Local planning agency History notes ........................... 1-4 Designation of agency, department, com- How Code designated and cited .......... 1-1 mittee or person to prepare com- Provisions considered as continuation of prehensive plan ................. 58-58 existing ordinances ................ 1-7 CONCURRENCY MANAGEMENT SYSTEM References and editor's notes ............ 1-6 Fees schedule in general. See: FEES (Ap- Severability of parts of Code ............. 1-14 pendix B) Supplementation of Code ................ 1-12 Land development code regulations ...... 86-1 et seq. See: LAND DEVELOPMENT CODE CODES Boards, committees and commissions; code Sanitary sewer system .................. 78-26 et seq. of conduct 2-172 See: SEWERS AND SEWAGE DIS - ......................... City council; code of conduct ............. 2-28 POSAL City election code adopted ............... 26-1 CONNECTIONS Local amendments to Florida Building Code, Sewer connections ...................... 78-27 et seq. Building .......................... 82-146 et seq. See: SEWERS AND SEWAGE DIS - See: BUILDINGS POSAL Technical codes. See that subject CONSTRUCTION COMMITTEES AND COMMISSIONS. See: Coastal construction code ................ 82-88 et seq. BOARDS, COMMITTEES AND COM- Buildings and building regulations. See: MISSIONS LAND DEVELOPMENT CODE Construction site stormwater runoff con - COMMUNICATION SERVICES trol Franchise regulations in general. See: Definitions.. . ........................ 90-200 FRANCHISES (Appendix A) Design requirements .......... 90-204 Public service tax Emergency exemption ................ 90-207 Generally ............................ 70-26 et seq. Enforcement, inspections and penalties 90-206 See: TAXATION Erosion and sediment control plan..... 90-203 Inspection ........................... 90-205 COMMUNITY APPEARANCE REVIEW Permits... .......................... 90-201 BOARD Review and approval ................. 90-202 Board Stormwater drainage Established .......................... 22-37 Illicit discharge and connection Membership ......................... 22-37 Industrial or construction activity dis- Proceedings of the board .............. 22-39 charges ...................... 78-408 Qualifications of members ............. 22-37 Compliance with other code provisions ... 22-41 CONTRACTORS Concept plans .......................... 22-45 Local business tax Permits Contractors and subcontractors Appeals and review ................... 22-46 Special requirements for ........... 70-85 Application criteria ................... 22-44 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- lishing or occurring ................ 1-8 COMMUNITY DEVELOPMENT Franchise agreements ................... 66-1 Business and cultural development board. 22-26 et seq. Franchise regulations in general. See: Community appearance review board .... 22-36 et seq. FRANCHISES (Appendix A) Community redevelopment Land development code Redevelopment trust fund ............. 22-50 Concurrency management system Land development code regulations re zon- Transportation facility proportionate ing................................ 110-26 et seq. fair -share mitigation program Qv, See: LAND DEVELOPMENT CODE Proportionate fair -share agreements 86-28 Supp. No. 23 CD1:7 CONTRACTS AND AGREEMENTS (Cont'd.) Purchasing ............................. See: PURCHASES AND PURCHASING Right-of-way use agreements ............ Vested rights agreements ................ CORPORATE LIMITS Definitions and rules of construction ..... COUNCIL. See: CITY COUNCIL COUNTY Animal control ordinance ................ See: ANIMALS AND FOWL Definitions and rules of construction ..... Floodplain management ................. See: LAND DEVELOPMENT CODE COURTS Code enforcement citations Payment of penalty; court hearings .... Costs for police education and training ... Kelo vs. City of New London court decision re economic development and emi- nent domain ....................... Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE CULTURAL DEVELOPMENT. See: BUSI- NESS AND CULTURAL DEVELOP- MENT BOARD CYCLONES Civil emergencies ....................... See: CIVIL EMERGENCIES M DANCING AND DANCEHALLS Alcoholic beverage establishments Nudity on premises .................. . DEBRIS. See also: SOLID WASTE Burial of debris ......................... DEDICATIONS Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Plats or subdivisions Certain ordinances not affected by Code DEEDS Certain ordinances not affected by Code .. DELEGATION OF AUTHORITY Definitions and rules of construction ..... CAPE CANAVERAL CODE Section Section DEPARTMENTS AND OTHER AGENCIES 2-216 et seq. OF CITY. See also: BOARDS, COMMIT- TEES AND COMMISSIONS 66-1 City manager 115-10 Powers and duties .................... 2-101(6) Definitions and rules of construction ..... 1-2 Delegation of authority 1-2 Definitions and rules of construction ... 1-2 Fire department ........................ 38-56 et seq. See: FIRE PREVENTION Joint authority 14-26 et seq. Definitions and rules of construction ... 1-2 Local planning agency ................... 58-56 et seq. 1-2 See: PLANNING AND DEVELOPMENT 90-26 et seq. Police department ...................... 42-26 Stormwater drainage Illicit discharge and connection Authorized enforcement agency ..... 78-401 2-289 DEVELOPMENT DISTRICTS 50-3 Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE 2-70 DEVELOPMENT. See: PLANNINGAND DE - 110 -26 et seq. VELOPMENT DISCHARGES Sewers ................................. 78-96 et seq. See: SEWERS AND SEWAGE DIS- POSAL DISCRIMINATION 18-1 et seq. Fair housing Discriminatory practices .............. 36-21 et seq. See: HOUSING Gas franchise agreement. See: FRAN- CHISES (Appendix A) DISTRICTS Land development code regulations re zon- 6-27 ing................................ 110-26 et seq. See: LAND DEVELOPMENT CODE 34-41 110-26 et seq. 1-10(a)(12) 1-10(a)(2) 1-2 DENSITY Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE DRAINS AND DRAINAGE Concurrency management ............... See: LAND DEVELOPMENT CODE Floodplain management ................. See: LAND DEVELOPMENT CODE Sanitary sewer system .................. See: SEWERS AND SEWAGE DIS- POSAL Street excavations ...................... See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Subdivisions Land development code regulations.... See: LAND DEVELOPMENT CODE DRUNKS AND DRUNKENNESS Alcoholic beverages ..................... See: ALCOHOLIC BEVERAGES Supp. No. 23 CDi:8 86-1 et seq. 90-26 et seq. 78-26 et seq. 66-61 et seq. 98-1 et seq. 6-1 et seq. it (40.1 EMERGENCIES CODE INDEX Section Section Noises, enumeration of prohibited ..... DUNES ENTERTAINMENT. See: AMUSEMENTS EMERGENCIES (Cont'd.) AND AMUSEMENT PLACES trol Parking prohibited ...................... 74-59 Services Emergency pad -mounted generators See: ABANDONED PROPERTY Wetlands protection ..................... 106-26 et seq. Alarm systems ....................... 30-26 et seq. cal services ........................ See: LAND DEVELOPMENT CODE Floodplain management ................. See: ALARM SYSTEMS See: LAND DEVELOPMENT CODE See: LIGHTS AND LIGHTING Franchise regulations in general. See: Litter .................................. Fees schedule in general. See: FEES See: LITTER Land development code E Signs; emergency response system..... (Appendix B) Outdoor entertainment events Property maintenance standards ......... Permit; emergency suspension or cancel- See: PROPERTY MAINTENANCE Street excavations ...................... 66-70 tainment event .................. EARTHQUAKES Purchase ............................... EMINENT DOMAIN Sanitary sewer system POSAL Civil emergencies ....................... 18-1 et seq. Re economic development ............... 2-70 See: CIVIL EMERGENCIES Tree protection, land clearing ............ 102-36 et seq. EASEMENTS Subdivisions Land development code regulations.... 98-1 et seq See: LAND DEVELOPMENT CODE ECONOMIC DEVELOPMENT Eminent domain powers of council re.... . ELECTIONS Certain ordinances not affected by Code . . Early voting exemption .................. Penalties for violations .................. Qualifying period Generally ............................ State election code adopted .............. ELECTRICITY Fees schedule in general. See: FEES (Ap- pendix B) (400.1 Franchise regulations in general. See: FRANCHISES (Appendix A) Public service tax ...................... . See: TAXATION Signs Land development code regulations.... See: LAND DEVELOPMENT CODE 2-70 1-10(a)(16) 26-5 26-2 26-3 26-1 70-26 et seq. 94-1 et seq. 18-1 et seq. 90-207 110-484 38-56 90-26 et seq. 94-77 10-77 2-221 78-58 EMPLOYEES. See: OFFICERS AND EM- PLOYEES ENCROACHMENT Property maintenance standards......... 34-91 et seq. See: PROPERTY MAINTENANCE STANDARDS ENGINEER. See: CITY ENGINEER ENGINEERS AND ENGINEERING Street excavations Engineering details ................... 66-66 ENGINES EMERGENCIES Discharge into open air of exhaust Civil emergencies ....................... Noises, enumeration of prohibited ..... See: CIVIL EMERGENCIES ENTERTAINMENT. See: AMUSEMENTS Construction site stormwater runoff con- AND AMUSEMENT PLACES trol ENVIRONMENT Emergency exemption ............... . Abandoned property .................... Emergency pad -mounted generators See: ABANDONED PROPERTY Zoning requirements ................. Land development code regulations re zon- Fire protection services; emergency medi- ing ................................ cal services ........................ See: LAND DEVELOPMENT CODE Floodplain management ................. Lights ................................. See: LAND DEVELOPMENT CODE See: LIGHTS AND LIGHTING Franchise regulations in general. See: Litter .................................. FRANCHISES (Appendix A) See: LITTER Land development code Noise .................................. Signs; emergency response system..... See: NOISE Outdoor entertainment events Property maintenance standards ......... Permit; emergency suspension or cancel- See: PROPERTY MAINTENANCE lation of permitted outdoor enter- STANDARDS tainment event .................. Sanitary sewer system .................. Purchase ............................... See: SEWERS AND SEWAGE DIS- Sanitary sewer system POSAL Termination of service and emergency . Street excavations ...................... Supp. No. 23 2-70 1-10(a)(16) 26-5 26-2 26-3 26-1 70-26 et seq. 94-1 et seq. 18-1 et seq. 90-207 110-484 38-56 90-26 et seq. 94-77 10-77 2-221 78-58 EMPLOYEES. See: OFFICERS AND EM- PLOYEES ENCROACHMENT Property maintenance standards......... 34-91 et seq. See: PROPERTY MAINTENANCE STANDARDS ENGINEER. See: CITY ENGINEER ENGINEERS AND ENGINEERING Street excavations Engineering details ................... 66-66 ENGINES Discharge into open air of exhaust Noises, enumeration of prohibited ..... 34-153(6) ENTERTAINMENT. See: AMUSEMENTS AND AMUSEMENT PLACES ENVIRONMENT Abandoned property .................... 34-176 et seq. See: ABANDONED PROPERTY Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE Lights ................................. 34-206 et seq. See: LIGHTS AND LIGHTING Litter .................................. 34-26 et seq. See: LITTER Noise .................................. 34-151 et seq. See: NOISE Property maintenance standards ......... 34-91 et seq. See: PROPERTY MAINTENANCE STANDARDS Sanitary sewer system .................. 78-26 et seq. See: SEWERS AND SEWAGE DIS- POSAL Street excavations ...................... 66-61 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Tree protection, land clearing ............ 102-36 et seq. See: LAND DEVELOPMENT CODE Weeds and dead vegetation .............. 34-121 et seq. See: WEEDS AND DEAD VEGETA- TION Wetlands protection ..................... 106-26 et seq. See: LAND DEVELOPMENT CODE EXCAVATIONS Building sewers ........................ 78-83 CDi:9 CAPE CANAVERAL CODE Section Section EXCAVATIONS (Cont'd.) FEES (Cont'd.) Fees schedule in general. See: FEES (Ap- Sewer fees where owner has private water pendix B) supply ............................ 78-154 Sanitary sewer system .................. 78-26 et seq. Sexually oriented businesses, adult enter - See: SEWERS AND SEWAGE DIS- tainment establishments license POSAL Annual license fee .................... 10-103 Street excavations ...................... 66-61 et seq. Application; fee ...................... 10-95 See: STREETS, SIDEWALKS AND Solid waste OTHER PUBLIC WAYS Schedule of fees ...................... 62-5 Street excavations permit fee ............ 66-83 EXHAUST Vehicles for hire Discharge into open air Driver's permit fee ................... 80-55 Noises, enumeration of prohibited ..... 34-153(6) Fees to be in addition to other taxes and EXPLOSIONS/EXPLOSIVES charges.. ....................... 80-3 Civil emergencies ....................... 18-1 et seq. FENCES, WALLS, HEDGES AND ENCLO- See: CIVIL EMERGENCIES SURES Fireworks .............................. 38-81 et seq. Flood resistant development P 90-102 et seq. See: FIREWORKS See: LAND DEVELOPMENT CODE Land development code regulations re zon- F ing................................ 110-26 et seq. See: LAND DEVELOPMENT CODE FALSE ALARMS. See: ALARM SYSTEMS Signs FALSE STATEMENTS Land development code regulations .... 94-1 et seq. Receipt application ...................... 70-73 See: LAND DEVELOPMENT CODE FEDERAL GOVERNMENT FERTILIZER LAND APPLICATION Federal utilities commission Appeals ................................ 92-15 Franchise regulations in general. See: Applicability ............................ 92-3 FRANCHISES (Appendix A) Application practices. . .................. 92-9 Franchise regulations in general. See: Commercial and institutional applicators. 92-13 FRANCHISES (Appendix A) Definitions ............................. 92-2 Interpret law Enforcement and monitoring ............. 92-14 City attorney Exemptions ............................ 92-11 Duties ............................ 2-126(3) Fertilizer content and application rates... 92-8 Vehicles for hire Fertilizer free zone, ................... 92-6 Application of provisions to vehicle, op- Low maintenance zone .................. 92-7 erator regulator by federal govern- Management of grass clippings and vege- ment........................... 80-2 tative matter...................... 92-10 Responsibility for administration......... 92-4 FEES Short title; purpose and objectives ....... 92-1 Alarm systems Timing of fertilizer application........... 92-5 Fees charged ......................... 30-31 Training ............................... 92-12 Permit fees .......................... 30-27 Certain ordinances not affected by Code.. 1-10(a)(7) FINANCES Franchise regulations in general. See: Building sewers FRANCHISES (Appendix A) Cost of installation ................... 78-78 Impact fees ............................. 2-231 et seq. Certain ordinances not affected by Code .. 1-10(a)(2) See: IMPACT FEES City reserves, reclassification of.......... 2-209 Outdoor entertainment events Court costs for police education and train - Permit; fees and deposits ............. 10-73 ing................................ 50-3 Parks and recreation Franchise regulations in general. See: Commercial beach vendor franchises FRANCHISES (Appendix A) Franchise fee ...................... 54-5(c) Fund balance/retained earnings reserves, Promulgation of rules; city fees; preex- creation of ......................... 2-208 isting rules; conflicts with rules; Fund balance policy ..................... 2-210 enforcement and penalties ....... 54-24 Annual review and determination of... 2-212 Property Impact fees ............................. 2-231 et seq. Registration and maintenance of prop- See: IMPACT FEES ertiesin foreclosure Library board expenditures .............. 46-27 Registration fees ................... 82-119 Personal property control................ 2-207 Supp. No. 23 MAO CODE INDEX Section Section FINANCES (Cont'd.) FIRE PREVENTION (Cont'd.) Public service tax ....................... 70-26 et seq. Land development code; zoning See: TAXATION Nonconformities Purchasing ............................. 2-216 et seq. Intent; rules of interpretation; build - See: PURCHASES AND PURCHASING ing and fire codes; definitions 110-191 Quarterly report of income and expendi- Life Safety Code tures .............................. 2-206 Adopted........................... 38-28 Sewer impact fees Fire inspector ..................... 38-29 Payment ............................. 78-122 Lockboxes required................... 38-32 Use of funds ......................... 78-127 Fire protection service charge............ 38-8 Spending order of fund balances ......... 2-211 Fire protection services; emergency medi- Travel reimbursement policies and proce- cal services ........................ 38-56 dures ............................. 2-300 Fireworks generally ..................... 38-81 et se q. FINES, FORFEITURES AND OTHER PEN- See: FIREWORKS ALTIES Flammable materials and liquids Certain ordinances not affected by Code .. 1-10(a)(1) Storage and dispensing restrictions .... 38-4 Code does not affect prior penalties or Hazardous materials and substances forfeitures incurred ................ 1-8 Abatement........................... 38-91 Code enforcement Cleanup ............................. 38-91 Criminal nuisance abatement board Cost recovery ........................ 38-93 Penalties; fines; liens; recording..... 2-297 Definitions ........................... 38-90 Effect of repeal of ordinances on penalties Violations and penalties .............. 38-93 incurred ........................... 1-9(b) Impact fees generally ................... 2-231 et seq. Franchise regulations in general. See: See: IMPACT FEES FRANCHISES (Appendix A) Inspector General penalty; attorneys' fees and costs 1-15 Florida Fire Prevention Code.......... 38-27 Penalties for specific acts, omissions, viola- Life Safety Code. See herein: Fire Preven- tions, etc. See specific subjects as in- tion Codes dexed Lockboxes Fire prevention code requirements_ .... 38-32 FIRE AND RESCUE IMPACT FEES Required..... 38-32 Fees schedule in general. See: FEES (Ap- Parks and recreation pendix B) Fires ................................ 54-16 FIRE DEPARTMENT. See: FIRE PREVEN- Private entry gates ..................... 38-33 TION Safety fees ............................. 38-2 Smoke detectors to have battery backup., 38-7 FIRE LANES Violations and penalties ................. 38-1 Designation of .......................... 74-62 Volunteer fire department............... 38-57 FIRE PREVENTION FIREWORKS Alarm systems generally ................ 30-26 et seq. See: ALARM SYSTEMS Application for permit; fees .............. 38-83 Bottled gas Attending firefighters ................... 38-88 Use restrictions; permit required ...... 38-5 Definitions ............................. 38-81 Conformance ........................... 38-34 Insurance.............................. 38-86 Doors to businesses or public halls ....... 38-6 Investigation of applicant; issuance or de - Fire chief nial of permit ...................... 38-84 Duties ............................... 38-58 Operators.............................. 38-85 Fire department Parks and recreation Fire protection services; emergency med- Fireworks; destructive devices; weap- ical services ..................... 38-56 ons; other potentially dangerous Volunteer fire department ............. 38-57 uses............................ 54-11 Fire inspectors Private use, storage, display prohibited; Designated as city code inspectors ..... 38-3 public displays authorized by permit Life Safety Code re ................... 38-29 only............................... 38-82 Fire lanes, designation of ................ 74-62 Storage of materials .................... 38-87 Fire prevention codes Florida Fire Prevention Code FIRMS Adopted ........................... 38-26 Persons; definitions and rules of construc- Inspector .......................... 38-27 tion extended and applied to........ 1-2 Supp. No. 23 M:11 CAPE CANAVERAL CODE FRANCHISES (Appendix A) (Note—Citations herein refer to articles and sections contained within Appen- dix A Franchises) Electric Captions ............................. Competitive disadvantage: termination by grantee ...................... Default by grantee ................... Default by grantor .................... Definition of "person" ................ . Effective date ....................... . Facilities requirements ............... Franchise fee ........................ Grant of electric utility franchise: term of franchise .................... . Grantor's right to audit ............... Grantor's rights of intervention....... . Headings: entire agreement; governing law............................. Incorporation into code ............... Indemnification ...................... Infrastructure hardening ............. Jurisdiction and venue. ............... Legislative or regulatory action....... . Most favored nations ................ . No joint venture ...................... Noncompetition by grantor........... . Notices .............................. Supp. No. 23 II -20 II -8 II -10 II -11 II -25 II -28 II -2 II -5 II -1 II -12 II -22 FRANCHISES (Appendix A) (Cont'd.) Preferential or discriminatory practices prohibited ...................... Qualified severability ................ . Rates, rules and regulations of grantee Renewable energy .................... Repeal of prior inconsistent ordinance, resolutions and agreements ...... Smart grid technology ................ Undergrounding of facilities.......... . Gas franchise agreement Books and records available to city .... Definitions ........................... Design and construction provisions .... Effective date of franchise; term ....... Franchise fees ....................... Franchise operation .................. Forfeiture or revocation ............... Grant of franchise .................... Indemnification and hold harmless .... Liability and insurance ............... Miscellaneous provisions .............. Preferential or discriminatory practices prohibited ...................... Purpose and goals .................... Recitals .............................. Service standards .................... Short title ........................... Transfer of ownership or control.. . .... FRANCHISES (Generally) Certain ordinances not affected by Code . . Franchise regulations in general. See: FRANCHISES (Appendix A) Parks and recreation Commercial beach vendor franchises.. . Commercial recreational franchises .... Streets, sidewalks and other public ways Franchise agreements ................ FRAUD Solicitors, peddlers and itinerant mer- chants ............................ F.S. (Florida Statutes) Definitions and rules of construction ..... FUEL GAS. See: GAS Section II -17 II -24 II -4 II -13 II -26 II -15 II -14 1-10(a)(4) 54-5 54-6 66-1 16-30 1-2 FUEL OIL II -21 Public service tax ....................... 70-26 et seq. 11-27 See: TAXATION II -3 II -16 II -23 G II -9 II -6 GARAGE SALES II -18 Land development code regulations re zon- II-7 ing................................ 110-26 et seq. II -19 See: LAND DEVELOPMENT CODE CDi:12 D 9 it Section FLOOD DAMAGE PREVENTION Civil emergencies ....................... 18-1 et seq. See: CIVIL EMERGENCIES Construction site stormwater runoff con- trol ............................... 90-200 et seq. See: CONSTRUCTION Fees schedule in general. See: FEES (Ap- pendix B) Floodplain management ................. 90-26 et seq. See: LAND DEVELOPMENT CODE Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE Wetlands protection ..................... 106-26 et seq. See: LAND DEVELOPMENT CODE FLOODLIGHTS Spill-over lighting requirements ......... 34-206 et seq. See: LIGHTS AND LIGHTING FLORIDA RAILROAD AND PUBLIC UTILI- TIES COMMISSION Franchise regulations in general. See: FRANCHISES (Appendix A) FLORIDA. See: STATE FORFEITURE. See: FINES, FORFEITURES AND OTHER PENALTIES FOWL. See: ANIMALS AND FOWL FRANCHISES (Appendix A) (Note—Citations herein refer to articles and sections contained within Appen- dix A Franchises) Electric Captions ............................. Competitive disadvantage: termination by grantee ...................... Default by grantee ................... Default by grantor .................... Definition of "person" ................ . Effective date ....................... . Facilities requirements ............... Franchise fee ........................ Grant of electric utility franchise: term of franchise .................... . Grantor's right to audit ............... Grantor's rights of intervention....... . Headings: entire agreement; governing law............................. Incorporation into code ............... Indemnification ...................... Infrastructure hardening ............. Jurisdiction and venue. ............... Legislative or regulatory action....... . Most favored nations ................ . No joint venture ...................... Noncompetition by grantor........... . Notices .............................. Supp. No. 23 II -20 II -8 II -10 II -11 II -25 II -28 II -2 II -5 II -1 II -12 II -22 FRANCHISES (Appendix A) (Cont'd.) Preferential or discriminatory practices prohibited ...................... Qualified severability ................ . Rates, rules and regulations of grantee Renewable energy .................... Repeal of prior inconsistent ordinance, resolutions and agreements ...... Smart grid technology ................ Undergrounding of facilities.......... . Gas franchise agreement Books and records available to city .... Definitions ........................... Design and construction provisions .... Effective date of franchise; term ....... Franchise fees ....................... Franchise operation .................. Forfeiture or revocation ............... Grant of franchise .................... Indemnification and hold harmless .... Liability and insurance ............... Miscellaneous provisions .............. Preferential or discriminatory practices prohibited ...................... Purpose and goals .................... Recitals .............................. Service standards .................... Short title ........................... Transfer of ownership or control.. . .... FRANCHISES (Generally) Certain ordinances not affected by Code . . Franchise regulations in general. See: FRANCHISES (Appendix A) Parks and recreation Commercial beach vendor franchises.. . Commercial recreational franchises .... Streets, sidewalks and other public ways Franchise agreements ................ FRAUD Solicitors, peddlers and itinerant mer- chants ............................ F.S. (Florida Statutes) Definitions and rules of construction ..... FUEL GAS. See: GAS Section II -17 II -24 II -4 II -13 II -26 II -15 II -14 1-10(a)(4) 54-5 54-6 66-1 16-30 1-2 FUEL OIL II -21 Public service tax ....................... 70-26 et seq. 11-27 See: TAXATION II -3 II -16 II -23 G II -9 II -6 GARAGE SALES II -18 Land development code regulations re zon- II-7 ing................................ 110-26 et seq. II -19 See: LAND DEVELOPMENT CODE CDi:12 D 9 it CODE INDEX Section GARBAGE AND TRASH. See: SOLID WASTE GAS Franchise regulations in general. See: FRANCHISES (Appendix A) Public service tax ....................... 70-26 et seq See: TAXATION GENDER Definitions and rules of construction ..... GENERATORS Emergency pad -mounted generators Zoning requirements ................. GIFTS Purchasing procedure ................... GLASS CONTAINERS Parks and recreation .................... GRADES AND GRADING Concurrency management ............... See: LAND DEVELOPMENT CODE Floodplain management ................. See: LAND DEVELOPMENT CODE Street excavations ...................... See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Street grades Certain ordinances not affected by Code Tree protection, land clearing............ See: LAND DEVELOPMENT CODE 1-2 HEIGHT Land development code regulations re zon- ing................................ 110-484 See: LAND DEVELOPMENT CODE Outdoor entertainment events Permit; temporary structures; integrity, 2-226(b) height, location.................. 54-22 86-1 et seq. 90-26 et seq. 66-61 et seq. 1-10(a)(10) 102-36 et seq. GUTTERS Litter, sweeping into gutters prohibited... 34-31 H HANDBILLS Litter regulations ....................... 34-51 et seq. See: LITTER HARASSMENT Section HEALTH AND SANITATION (Cont'd.) Solid waste ............................. 62-1 et seq. See: SOLID WASTE Tree protection, land clearing ............ 102-36 et seq. See: LAND DEVELOPMENT CODE 38-90 et seq. Weeds and dead vegetation .............. 34-121 et seq. See: WEEDS AND DEAD VEGETA- 62-1 et seq. TION 1-2 HEIGHT Land development code regulations re zon- ing................................ 110-484 See: LAND DEVELOPMENT CODE Outdoor entertainment events Permit; temporary structures; integrity, 2-226(b) height, location.................. 54-22 86-1 et seq. 90-26 et seq. 66-61 et seq. 1-10(a)(10) 102-36 et seq. GUTTERS Litter, sweeping into gutters prohibited... 34-31 H HANDBILLS Litter regulations ....................... 34-51 et seq. See: LITTER HARASSMENT Solicitors and itinerant merchants Harassment prohibited ............... 16-28 HAZARDOUS MATERIALS AND SUB- STANCES Fire prevention regulations re ........... 38-90 et seq. See: FIRE PREVENTION Solid waste generally ................... 62-1 et seq. See: SOLID WASTE Specifically .......................... 62-11(d) HEALTH AND SANITATION Abandoned property .................... 34-181 et seq. See: ABANDONED PROPERTY Local planning agency ................... 58-56 et seq. See: PLANNING AND DEVELOPMENT Sanitary sewer system .................. 78-26 et seq. See: SEWERS AND SEWAGE DIS- POSAL Supp. No. 23 HOME OCCUPATIONS Construction noise ...................... Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Sexually oriented businesses, adult enter- tainment establishments Local business tax receipts/home occu- pations ......................... HOOTING Noises, enumeration of prohibited........ HORNS Noises, enumeration of prohibited....... . HOUSING Fair housing Additional remedies .................. Administrator authority and responsibil- ities............................ Complaints .......................... Declaration of policy .................. Definitions ........................... Discriminatory practices Exemptions and exceptions ......... Unlawful housing practices ....... Education and public information ..... Penalty.............................. Processing complaints ................ Untruthful complaints or testimony... . Floodplain management ................. See: LAND DEVELOPMENT CODE Land development code Zoning Rental restrictions on dwelling units Vacation rentals ................... Property maintenance standards......... See: PROPERTY MAINTENANCE STANDARDS Public service tax Generally ............................ See: TAXATION CDi:13 110-26 et seq 10-69 34-154 110-26 et seq. 10-128 34-153(4) 34-153(1) 36-6 36-3 36-4 36-1 36-2 36-22 36-21 36-7 36-9 36-5 36-8 90-26 et seq. 110-487 110-486 34-91 et seq. 70-26 et seq. CAPE CANAVERAL CODE Section HOUSING (Cont'd.) Registration and maintenance of proper- ties in foreclosure .................. 82-116 et seq. See: PROPERTY HURRICANES Civil emergencies ....................... 18-1 et seq. See: CIVIL EMERGENCIES I L IMPACT FEES 1-2 Capital expansion plans ................. 2-237 Capital expansion trust funds LAND CLEARING Collection; deposit .................... 2-236(b) Established .......................... 2-236(a) Use ................................. 2-236(c) Certain ordinances not affected by Code .. 1-10(a)(18) Exemptions ............................ 2-232 Fees schedule in general. See: FEES (Ap- Abandoned signs ........................ pendix B) 2-290 Land development code 94-65 Concurrency management system Alleys Transportation facility proportionate fair -share mitigation program 98-110 Impact fee credit for proportionate Alterations fair -share mitigation........ 86-27 Levy and purpose ....................... 2-231 Partial waiver authorized ............... 2-235 Payment ............................... 2-234 Sanitary sewer impact fees .............. 78-121 et seq. See: UTILITIES Schedules .............................. 2-233 Sewers ................................. 78-121 et seq. See: SEWERS AND SEWAGE DIS- POSAL IMPRISONMENT. See: PRISONS AND PRIS- ONERS IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS INDECENCY AND OBSCENITY Sexually oriented businesses, adult enter- tainment establishments ........... 10-86 et seq. Obscenity; indecent exposure unlawful. 10-89 INDIVIDUALS Persons; definitions and rules of construc- tion extended and applied to....... . INSPECTIONS Building inspection service .............. Building sewers Notice for ............................ Code enforcement citations Enter upon property, authorization to.. Construction site stormwater runoff con- trol Enforcement, inspections and penalties Inspection ........................... INSPECTIONS (Cont'd.) Floodplain management ................. See: LAND DEVELOPMENT CODE Property Registration and maintenance of prop- erties in foreclosure Mortgagee inspection requirements . Reinspection fees Fees schedule in general. See: FEES (Appendix B) Signs Land development code regulations .... See: LAND DEVELOPMENT CODE Street excavations ...................... Streets, sidewalks and other public ways Excavations; permit Inspections ........................ Vehicles for hire, mechanical inspections.. INSURANCE AND INSURANCE COMPA- NIES Fireworks .............................. Franchise regulations in general. See: FRANCHISES (Appendix A) Outdoor entertainment events Permit insurance requirements....... . Signs Land development code regulations .... See: LAND DEVELOPMENT CODE Vehicles for hire ........................ Section 90-26 et seq. 82-120 94-1 et seq. 66-63 66-85 80-76(d) 38-86 10-63 94-1 et seq. 80-5 INTERSECTIONS Visibility at intersections Land development code regulations re zoning .......................... 110-26 et seq. See: LAND DEVELOPMENT CODE INTOXICATING BEVERAGES. See: ALCO- HOLIC BEVERAGES ITINERANT MERCHANTS. See: PEDDLERS, CANVASSERS AND SOLICITORS J JOINT AUTHORITY Definitions and rules of construction ..... 1-2 Supp, No. 23 CDH4 19 L 1-2 LAND CLEARING Tree protection ......................... 102-36 et seq. 82-21 See: LAND DEVELOPMENT CODE 78-79 LAND DEVELOPMENT CODE Abandoned signs ........................ 94-62(a) 2-290 Aesthetic requirements of signs .......... 94-65 Alleys Subdivision design standards.......... 98-110 90-206 Alterations 90-205 Natural surface waters ............... 90-173 Supp, No. 23 CDH4 19 CODE INDEX r Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Appeals and arbitrations Local amendments to Florida Building Concurrency management ............ 86-3 Code, Building Area Administrative amendments to Flor- Subdivisions ......................... 98-5 ida Building Code, Building ... 82-146 Zoning requirement .................. 10-336 et seq. Technical amendments to Florida See within this title: Zoning Building Code Awnings and canopies ................... 94-82 Building........................ 82-148 Blocks Residential ..................... 82-147 Subdivision design standards.......... 98-106 Local business tax receipt required for Boundary line survey contractors ...................... 82-2 Subdivisions ......................... 98-93 Numbering of buildings and property Bridges Administration .................... 82-368 Subdivisions Assignment of numbers ............ 82-369 Design standards .................. 98-116 Numbering multiple -family structures 82-370 Buffers Posting and specifications of numbers 82-371 Protection of trees and vegetation of Purpose ........................... 82-366 buffers............ ............. 102-41 System established; incorporation of Buildings and building regulations map ......................... 82-367 Additional data ...................... 82-16 Permit intent ........................ 82-14 Building code, Florida Permitting and inspection ............. 82-13 Adopted .......................... . 82-31 Proof of competency .................. 82-1 Appeals ........................... 82-33 Property maintenance code, interna - Establishment of construction board of adjustment and appeals..... 82-32 tional Procedures of the board ............ 82-34 Adopted ........................... 82-221 Building department ................. 82-3 Public right-of-way ................... 82-19 Employee qualifications ............ 82-4 Records .............................. 82-6 Citations; unlicensed contractors; fail- ure to obtain building permit Restrictions on employees ............. Revocation of permits ................. 82-5 82-11 Administrative hearings; accrual of Right of entry ........................ 82-9 penalties ..................... 82-383 Schedule of permit fees ............... 82-15 Appeals of code enforcement board Special foundation permit ............. 82-18 decisions ..................... 82-384 Stop work orders..................... 82-10 Citation form ...................... 82-378 Tests ................................ 82-22 Construction contracting violations, Unsafe building abatement code, stan- citation authorized for......... 82-377 dard Correction of violation; payment of Adopted ........................... 82-56 penalty; notice of hearing...... 82-382 Unsafe buildings or systems........... 82-12 Findings .......................... 82-376 Bulkheads and retaining walls Intent; purpose .................... 82-375 Subdivision design standards.......... 98-118 Notices ............................ 82-386 Burials Penalty ........................... 82-379 Stormwater management Recording code enforcement board or- Bury inspections ................... 90-195(2) ders ......................... 82-385 C-1 Low Density Commercial District. See Refusal to sign citation ............. 82-380 also herein: Zoning Stop work ......................... 82-381 Signs in ............................. 94-99 Coastal construction code C-2 Low Density Commercial District. See Structural requirements for major also herein: Zoning structures .................... 82-88 Signs in ............................. 94-99 Design conditions .................. 82-89 Canals Concurrency management Subdivision design standards.......... 98-117 Generally ......................... 86-1 et seq. Certificate of completion See herein: Concurrency Manage- Subdivisions ......................... 98-83 ment City Existing building inspections .......... 82-20 Stormwater management master plan, General .............................. 82-8 compliance with city plan........ 90-164 Hazardous occupancies ............... 82-17 Subdivisions, review of preliminary plat 98-45 Inspection service .................... 82-21 Civil penalties Liability ............................. 82-7 ?Yee protection, land clearing ......... 102-37 Supp. No. 23 CDi:15 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Coastal construction code ................ 82-88 et seq. Determining proportionate fair-share See herein: Buildings and Building Reg- obligation .................... 86-26 ulations General requirements.............. 86-23 Codes. See also herein: Buildings and Build- Impact fee credit for proportionate ing Regulations fair-share mitigation .......... 86-27 Building code ........................ 82-31 et seq. Intergovernmental coordination..... 86-24 Coastal construction code ............. 82-88 et seq. Proportionate fair-share agreements 86-28 Property maintenance code............ 82-221 et seq. Purpose and intent ................ 86-21 Unsafe building abatement code....... 82-56 et seq. Vested rights......................... 86-13 Compliance certification Conservation Expiration of concurrency compliance Water conservation ................... 90-176 certification ..................... 86-9 Construction Concurrency management system Coastal construction code ............. 82-88 et seq. Appeals .............................. 86-3 See herein: Buildings and Building Application for concurrency evaluation. 86-5 Regulations Concurrency evaluation finding of defi- Stormwater management ciency .......................... 86-7 Construction methods and materials 90-180 Conditional approval of development or- Subdivisions ......................... 98-66 et seq. ders or permits See herein: Subdivisions Building permit.................... 86-12(2) Control elevation Subdivision plats and site plans .... 86-12(1) Stormwater management ............. 90-181 Criteria for evaluation of levels of ser- Corner lots vice of public facilities Signs ................................ 94-64(c) Building permits of insignificant im- County pact....ities................. 86-6(1) Stormwater management master plan, Drainage facilities ................. 86-6(7) compliance with county .......... P 90-164 Parks and open space .............. 86-6(6) Criminal penalties Potable water facilities ............. Sanitary sewer facilities............ 86-6(4) 86-6(3) Tree protection, land clearing ......... Decision making 102-38 Concurrency evaluation, responsibility Solid waste facilities ............... 86-6(5) for decision making in ........... 86-4 Transportation facilities ............ 86-6(2) Dedication Cumulative level-of-service records .... 86-10 Stormwater management ............. 90-191 Decision making in concurrency evalua- Design standards tion, responsibility for ........... 86-4 Stormwater management ............. 90-161 et seq. Definitions ........................... 86-2 See herein: Floods Duration concurrency compliance certi- Subdivisions ......................... 98-106 et seq. fication after issuance of develop- See herein: Subdivisions ment permit Detention and retention areas Commercial, industrial or multifam- Banks of............................. 90-172 ily developments.............. 86-8(4) Configuration of shoreline of .......... 90-174 Individual single -family development 86-8(3) Stormwater management ............. 90-162 Residential subdivision or phase or Development unit thereof, including planned Concurrency management unit development............. 86-8(2) Generally ......................... 86-1 et seq. Site development plan approval..... 86-8(1) See herein: Concurrency Manage- Expiration of concurrency compliance ment certification ..................... 86-9 Districts Operating systems, procedure and task Zoning districts. See herein: Zoning Concurrency monitoring............ 86-11(b) Drainage Measuring potential impacts........ 86-11(c) Concurrency management Overall concurrency management ... 86-11(a) Generally ......................... 86-1 et seq. Purpose and intent................... 86-1 See herein: Concurrency Manage- Transportation facility proportionate fair- ment share mitigation program Stormwater management Applicability ....................... 86-22 Compatibility with adjacent systems 90-171 Application process ................ 86-25 Subdivision improvements ............ 98-91 Appropriation of fair-share revenues 86-29 Easements Cross jurisdictional impacts ........ 86-30 Subdivision design standards.......... 98-108 Supp. No. 23 CDi:16 CODEINDEX Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Electronic signs ......................... 94-78 Buildings, structures and facili- Elevation, floodproofing and siting ties exempt from the Flor- Subdivision improvements ............ 98-88 ida Building Code........ 90-50 Enforcement ............................ 94-105 Expiration.................... 90-53 Final acceptance of work Floodplain development permits Subdivisions ......................... 98-94 or approvals............. 90-49 Flashing signs prohibited ................ 94-6(d) Other permits required........ 90-55 Floodplain management ................. 90-26 et seq. Permits required.............. 90-48 See herein: Floods Suspension or revocation ...... 90-54 Floods Validity of permit or approval.. 90-52 Floodplain management Scope ........................... 90-27 Administration Site plans and construction docu- Applicability ments Abrogation and greater restric- Additional analyses and certifi- tions.................... 90-37 cations.................. 90-58 Areas to which this article ap- Information for development in plies .................... 90-33 flood hazard areas ....... 90-56 Basis for establishing flood haz- Information in flood hazard ar- ard areas ................ 90-34 eas without base flood ele- General...................... 90-32 vations(approximate Zone Interpretation ................ 90-38 A)...................... 90-57 Other laws ................... 90-36 Submission of additional data.. 90-59 Submission of additional data to Title ............................ 90-26 establish flood hazard ar- Variances and appeals eas ..................... 90-35 Appeals...................... 90-67 Coordination with the Florida Conditions for issuance of vari- Building Code .............. 90-29 ances ................... 90-73 Disclaimer of liability............ Duties and powers of the Flood- 90-31 Considerations for issuance of variances ................ 90-72 plain Administrator Functionally dependent uses... 90-71 Applications and permits...... 90-41 General ...................... 90-66 Designation .................. 90-39 Historic buildings............. 90-70 Floodplain management records 90-47 Limitations on authority to grant General ...................... 90-40 variances................ 90-68 Inspections ................... 90-45 Restrictions in floodways ...... 90-69 Modifications of the strict appli- Violations cation of the requirements Authority .................... 90-75 of the Florida Building Provisions re ................. 90-74 Code.. .................. 90-43 Unlawful continuance......... 90-76 Notices and orders............ 90-44 Warning ........................ 90-30 Other duties of the floodplain Definitions ........................ 90-77 administrator............ 90-46 Flood resistant development Substantial improvement and Buildings and structures substantial damage deter- Buildings and structures sea- minations............... 90-42 ward of the coastal con - Inspections struction control line ..... 90-79 Buildings, structures and facili- Design and construction of build - ties exempt from the Flor- ings, structures and facili- ida Building Code........ 90-62 ties exempt from the Flor- Final inspection ............ 90-64 ida Building Code........ 90-78 Lowest floor inspection ..... 90-63 Manufactured homes Development other than build- Anchoring .................... 90-90 ings and structures ...... 90-61 Elevation ..................... 90-91 General ...................... 90-60 Elevation requirement for cer- Manufactured homes.......... 90-65 tain existing manufactured Intent .......................... 90-28 home parks and subdivi- Permits sions.................... 90-93 Application for a permit or ap- Enclosures ................... 90-94 proval................... 90-51 Foundations.................. 90-89 Supp. No. 23 CDi:17 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) General ...................... 90-88 Permits General elevation requirement. 90-92 Stormwater management........... 90-131 et seq. Utility equipment ............. 90-95 See within this subheading: Other development Stormwater Management Concrete slabs used as parking Stormwater management pads, enclosure floors, land- Definitions ........................ 90-116 ings, decks, walkways, pa- Design standards tios and similar Accommodation of stormwaters nonstructural uses in onsite and offsite........... 90-167 coastal high hazard areas Alteration of natural surface wa- (Zone V) ................. 90-106 ters ....................... 90-173 Decks and patios in coastal high Banks of detention and retention hazard areas (Zone V).... 90-107 areas ...................... 90-172 Best management practices ...... 90-163 Fences in regulated floodways . 90-103 Certification .................... 90-169 General requirements for other Compatibility with adjacent drain - development ............. 90-102 age system ................. 90-171 Nonstructural fill in coastal high Compliance with county or city hazard areas (Zone V).... 90-109 stormwater management Other development in coastal master plan ................ 90-164 high hazard areas (Zone Configuration of shoreline of deten- V)...................... 90-108 tion and retention areas .... 90-174 Retaining walls, sidewalks and Configurations creating stagnant driveways in regulated water conditions............ 90-166 floodways ............... 90-104 Conformance to standards ....... 90-161 Roads and watercourse cross- Construction methods and materi- ings in regulated floodways 90-105 als ........................ 90-180 Recreational vehicles and park trail- ers Control elevation ................ Detention and retention system .. 90-181 90-162 Permanent placement......... 90-97 Directing runoff ................. 90-165 Temporary placement ......... 90-96 Discharge volumes, notification of 90-179 Site improvements, utilities and Native vegetation buffers ........ 90-177 limitations Natural surface waters used as sed - Limitations on iment traps ................ 90-175 Placement of fill............ 90-86 Phased developments ............ 90-178 Sites in coastal high hazard Proper functioning .............. 90-168 areas (zone v) ......... 90-87 Surface water channeled into san- Sites in regulatory floodways 90-85 itary sewers ................ 90-170 Water reuse and conservation .... 90-176 Minimum requirements ....... 90-82 Enforcement and penalties ......... 90-120 Sanitary sewage facilities ..... 90-83 Maintenance Water supply facilities ........ 90-84 Applicant as acceptable entity.... 90-192(c) Subdivisions Dedications ..................... 90-191 Minimum requirements ....... 90-80 Failure to maintain .............. 90-194 Subdivision plats ............. 90-81 Inspection ...................... 90-195 Tanks Maintenance by approved entity Above -ground tanks Acceptable responsible entity .. 90-192(a) Elevated ................... 90-100 Phased projects............... 90-192(b) Not elevated ............... 90-99 Plan for operation and mainte- Tank inlets and vents......... 90-101 nance program ............. 90-193 Underground tanks ........... 90-98 Performance standards Maintenance Computation .................... 90-146 Stormwater management........... 90-191 et seq. Rainfall intensity ................ 90-147 See within this subheading: Water quality requirements ...... 90-149 Stormwater Management Water quantity requirements..... 90-148 Performance standards Permit Stormwater management........... 90-146 et seq. Application See within this subheading: Information required.......... 90-134 Stormwater Management Plan required ................. 90-133 Supp. No. 23 CDi:18 31 LAND DEVELOPMENT CODE (Cont'd.) Exemptions ..................... Required ........................ Previous approvals, standards of.... Purpose and intent ................ Relationship to other stormwater man- agement requirements ........ Variances ......................... Grading code. See herein: Excavation and Grading Code Ground signs ........................... Hardship variances Subdivisions ......................... Hazardous signs ........................ Height Signs................................ Home occupation signs .................. Implied consent ......................... Ingress or egress Signs, obstruction of .................. Inspections Signs By administrator .................. Generally ......................... Stormwater management ............. Subdivisions ......................... See herein: Subdivisions Land clearing Tree protection ....................... See herein: Tree Protection Landscaping List of recommended landscaping plants Lights and lighting Signs................................ Location Measurements Signs............................. Lots Subdivision design standards.......... M-1 Light Industrial and Research and Development District. See also herein: Zoning Signs................................ Maintenance Stormwater management ............ . See herein: Floods Master plans Stormwater management, compliance with city or county master plan . . Measurement and placement Signs................................ Mitigation Wetlands protection .................. Native vegetation buffers Stormwater management ............. Natural surface waters Alteration of ......................... Sediment traps, used as .............. Obstructions Signs, obstruction of free ingress or egress Supp. No. 23 CODE INDEX Section LAND DEVELOPMENT CODE (Cont'd.) 90-132 Off -premises signs ...................... 90-131 Off-site signs 90-119 Generally ............................ 90-117 Open burning Natural cover ........................ 90-118 Open space 90-121 Concurrency management Generally ......................... See herein: Concurrency Manage - 94 -64(f), 94-84 ment Parks and recreation areas 98-4(a) Concurrency management 94-62(b) Generally ......................... See herein: Concurrency Manage - 94 -64(e) ment 94-83 Performance standards 94-110 Stormwater management ............. See herein: Floods 94-6(b) Permanent markers Subdivision improvements ............ Permit numbers 94-36 Signs, display of ...................... 94-37 Permits 90-195 Concurrency management 98-80 et seq. Conditional approval of development orders of permits ............. Signs................................ 102-36 et seq. See herein: Signs Stormwater management permit ..... . See herein: Floods 102-44 Subdivision construction permit ....... See herein: Subdivisions 94-63 Tree protection, land clearing ...:.... . Permitted uses Wetlands protection .................. 94-64(e) Phased developments Stormwater management ............. 98-107 Planning and zoning board Subdivisions Powers of ......................... Preliminary plat 94-99 Review by planning and zoning board, city council .......... 90-191 et seq. Plats Subdivision plats ..................... See herein: Subdivisions Portable signs .......................... 90-164 Potable water systems Concurrency management 94-64 Generally ......................... See herein: Concurrency Manage - 106 -31 ment Subdivision design standards.......... 90-177 Prohibited uses Wetlands protection ................. . 90-173 Projecting signs ......................... 90-175 Property maintenance code .............. See herein: Buildings and Building Reg - 94 -6(b) ulations CDi:19 Section 94-80 94-6(g) 102-42 86-1 et seq. 86-1 et seq. 90-146 et seq. 98-87 94-64(d) 86-12 94-31 et seq. 90-131 et seq. 98-69 et seq. 102-39, 102-40 106-29 90-178 98-3 98-46 98-31 et seq. 94-6(e) 86-1 et seq. 98-112 106-30 94-79 82-221 et seq. CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Public facilities Administrator ........................ 94-3 Concurrency management Inspection by...................... 94-36 Criteria for evaluation of levels of Aesthetic requirements of signs ....... 94-65 service of..................... 86-6 Awnings and canopies ................ 94-82 Generally ......................... 86-1 et seq. C-1 Low Density Commercial District, See herein: Concurrency Manage- C-2 Commercial. Manufacturing ment District and M-1 Light Industrial Public sites and open spaces and Research and Development Dis- Subdivision design standards.......... 98-109 trict ............................ 94-99 R-1 Low Density Residential District. See Conformance to provisions ............ 94-7 also herein: Zoning Definitions ........................... 94-1 Signs ................................ 94-96 Electronic signs...................... 94-78 R-2 Medium Density Residential District. Emergency response system ........... 94-77 See also herein: Zoning Enforcement ......................... 94-105 Signs ................................ 94-97 Exemptions.......................... 94-4 R-3 Medium Density Residential District. Fees See also herein: Zoning Inspections and permits ............ 94-35 Signs ................................ 94-98 Ground signs ........................ 94-84 Rainfall intensity Hazardous signs ..................... 94-62(b) Stormwater management ............. 90-147 Home occupation signs................ 94-83 Records Identification ......................... 94-8 Concurrency management Implied consent ...................... 94-110 Cumulative level-of-service records.. 86-10 Inspection Remedies By administrator .................. 94-36 Subdivisions ......................... 98-6 Fees .............................. 94-35 Reuse Notice for ......................... 94-37 Water reuse.......................... 90 176 Lip Lighting ............................ g . 94-63 Tree protection Revege rolection 102-43 Maintenance, notice to repair ......... Measurement and placement, criteria 94-10 ....................... Rights-of--way and standards for Signs on............................. 94-6(c) Area .............................. 94-64(a) Combinations of signs.............. 94-64(b) Roadways Corner lots........................ 94-64(c) Concurrency management Display of permit number .......... 94-64(d) Generally ......................... 86-1 et seq. Ground signs...................... 94-64(f) See herein: Concurrency Manage- Height, setback and location measure- ment ments........................ 94-64(e) Sanitary sewer system Size limits......................... 94-64(g) Generally ............................ 78-26 et seq. Nonconforming signs See: SEWERS AND SEWAGE DIS- Exceptions and appeals ............ 94-122 POSAL Generally Subdivision design standards.......... 98-113 Incentives ........ ...... 94-121(g) Sediment traps Pole signs—Termination by amor- Natural surface waters used as........ 90-175 tization.................... 94-121(d) Setbacks Repair and maintenance ......... 94-121(f) Signs ................................ 94-64(e) Signs of a temporary nature— Severability ............................ 94-120 Amortization............... 94-121(e) Sewers Termination by abandonment .... 94-121(a) Concurrency management Termination by damage or destruc- Generally ......................... 86-1 et seq. tion ....................... 94-121(b) See herein: Concurrency Manage- Termination by redevelopment ... 94-121(c) ment Off-premises signs Subdivision improvements ............ 98-90 Generally ......................... 94-80 Shopping centers or multi-tenant centers Temporary off-premises signs ....... 94-81 Signs Penalty for violation.................. 94-5 Shopping center or multi-tenant cen- Permits ter in any district............. 94-100 Application for; review time limits .. 94-32 SignsFees .............................. 94-35 Abandoned signs..................... 94-62(a) Issuance of........................ 94-33 Supp. No. 23 CDi:20 CODE INDEX Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Required .......................... 94-31 Permit Revocation of ...................... 94-34 Approval of plans and specifica- Placement tions ...................... 98-73 Restrictions on .................... 94-61 Issuance........................ 98-75 Prohibited signs and sign features Master survey point ............. 98-74 Flashing signs prohibited........... 94-6(d) Procedures ...................... 98-70 Obstruction of free ingress or egress. 94-6(b) Required; penalty ............... 98-69 Off-site signs ...................... 94-6(g) Review ......................... 98-72 Portable signs ..................... 94-6(e) Submission of construction plans Public utility poles and trees, signs and specifications .......... 98-71 on ........................... 94-6(a) Terms; revocation ............... 98-76 Rights-of-way, signs on ............. 94-6(c) Submission of data................. 98-81 Vehicles, signs on .................. 94-6(f) Definitions........................... 98-1 Projecting signs ...................... 94-79 Final plats Purpose and scope .................... 94-2 Construction of.................... 98-70(2) R-1 Low Density Residential District .. 94-96 Improvements R-2 Medium Density Residential Dis- Boundary line survey .............. 98-93 trict ............................ 94-97 Design standards R-3 Medium Density Residential Dis- Alleys .......................... 98-110 trict ............................ 94-98 Blocks.......................... 98-106 Severability .......................... 94-120 Bridges......................... 98-116 Shopping center or multi -tenant center Bulkheads or retainer walls ...... 98-118 in any district ................... 94-100 Canal .......................... 98-117 Temporary off -premises signs.......... 94-81 Easements ...................... 98-108 Temporary on -premises signs.......... 94-76 Lots ............................ 98-107 Traffic hazard, signs constituting ...... 94-62(c) Potable water systems ........... 98-112 Variances ............................ 94-85 Public sites and open spaces ..... 98-109 Viewpoint neutral .................... Wind pressure and dead load.......... 94-115 94-9 Sanitary sewer system ........... Streets, roads and alleys 98-113 Site plan Generally .................... 98-114 Wetlands protection development requir- Technical specifications........ 98-115 ing ............................. 106-28 Surface and storm drainage...... 98-111 Size limits Development and enforcement of pro - Signs ................................ 94-64(g) visions....................... 98-86 Solid waste Drainage.. . ....................... 98-91 Concurrency management Elevation .......................... 98-88 Generally ......................... 86-1 et seq. Final acceptance of work ........... 98-94 See herein: Concurrency Manage- Permanent markers ................ 98-87 ment Sewers ............................ 98-90 Stagnant water conditions Streets ............................ 98-92 Configurations ....................... 90-166 Water supply...................... 98-89 Stormwater management Permits Generally ............................ 90-116 et seq. Construction permits............... 98-69 et seq. See herein: Floods See within this subheading: Con - Streets struction Subdivisions Planning and zoning board Design standards .................. 98-114, 98-115 Final plat Improvements ..................... 98-92 Planning and zoning board and Names ............................ 98-119 city council review; general Subdivisions criteria for approval ........ 98-61 Appeals and arbitrations.. . ........... tr98-5 Powers of ......................... 98-3 Certificate of completion .............. 98-83 Preliminary plats, review ........... 98-46 City Plats and lot splits Review of preliminary plan ......... 98-45 Division of land; review and approval Construction required; zoning .............. 98-31 Certificate of completion Final plat Issuance of ..................... 98-83 Application for approval ......... 98-60 Inspection ......................... Notification ........................ 98-80 98-82 Conformance to preliminary plat . Data required for final approval .. 98-56 98-58 Supp. No. 23 CDi:21 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Documents required prior to ap- Title; applicability; intent and pur- proval..................... 98-59 pose; tree bank ............... 102-37 Planning and zoning board and Tree protection area signage (Appen- city council review; general dix A) criteria for approval ........ 98-61 Tree replacement guidelines ........ 102-43 Recording ....................... 98-62 Tree replacement standards ........ 102-54 Lot splits .......................... 98-66 Voluntary tree planting ............ 102-47 Preapplications Waivers; incentive program; adminis- Review procedures .............. 98-36 trative interpretation appeals; Preliminary plat incentive program ............ 102-48 City review ..................... 98-45 Undesirable species, list of .............. 102-45 General criteria for approval ..... 98-47 Unsafe building abatement code ......... 82-56 et seq. Information required ............ 98-41 See herein: Buildings and Building Reg - Planning and zoning board proce- ulations dures...................... 98-46 Variances Time limit ...................... 98-48 Generally............................ 94-85 Purpose ............................. 98-2 Stormwater management............. 90-121 Remedies ............................ 98-6 Subdivisions......................... 98-4 Variance Variances, special exceptions, rezonings, Application.. . ..................... 98-4(b) administrative appeals........... 10-26 et seq. Conditions ........................ 98-4(e) See herein: Zoning Hardship .......................... 98-4(a) Vegetation Prerequisites to granting........... 98-4(d) Tree protection ....................... 102-26 et seq. Public hearing; notice .............. 98-4(c) See herein: Tree Protection Wetlands protection requiring subdivi- Vegetation buffers sion plat ........................ 106-28 Stormwater management Surface and storm drainage Native vegetation buffers ........ 90-177 Subdivision design standards.......... 98-111 Vehicles Surface water Signs on ............................. 94-6(f) Channeled into sanitary sewer ........ 90-170 Vested rights Temporary storage units ................. 82-400 Concurrency management ............ 86-13 Traffic Viewpoint neutral ....................... 94-115 Concurrency management Water supply Generally ......................... 86-1 et seq. Subdivision improvements ............ 98-89 See herein: Concurrency Manage- Wetlands protection ment Definitions ........................... 106-26 Signs constituting traffic hazards ...... 94-62(c) Development requiring site plan or sub - Tree protection division plat .................... 106-28 Land clearing Mitigation ........................... 106-31 Definitions ........................ 102-36 Permitted uses....................... 106-29 Development and construction Prohibited uses ...................... 106-30 Tree protection during; periodic in- Purpose and intent ................... 106-27 spection ................... 102-46 Wind pressure and dead load Enforcement and penalties ......... 102-38 Signs ................................ 94-9 Implementing division Zoning Rules and regulations and fees ... 102-51 AlA Economic Opportunity Overlay Dis- List of trict Desirable species and plants ..... 102-52 Administration Undesirable species ............. 102-53 General......................... 110-605 Minimum tree requirement......... 102-45 Intent .......................... 110-604 Open burning of natural cover ...... 102-50 Nonconforming uses, structures and Permits.. . ........................ 102-39 buildings .................. 110-608 Criteria; exemptions; standards of Plan submittals ................. 110-607 review ..................... 102-40 Procedures for design compatibil- Prohibitions ....................... 102-44 ity approvals............... 110-606 Remedial action ................... 102-49 Similar and compatible uses ..... 110-610 Special waiver provision............ 102-42 Use matrix ..................... 110-609 Specimen trees .................... 102-41 Applicability....................... 110-587 Supp. No. 23 CDi:22 CODE INDEX Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Architectural guidelines Lot coverage .................... 110-627 Articulation ..................... 110-643 On-site circulation............... 110-628 Awnings and canopies ........... 110-654 Project size ..................... 110-626 Building continuity .............. 110-644 Utility and service areas......... 110-629 Color ........................... 110-653 Access Entry treatment ................. 110-648 C-1 Low Density Commercial District 110-339 Exterior surface materials ....... 110-650 Generally ......................... 110-472 Ground floor lighting ............ 110-655 Offstreet parking .................. 110-493 Intent .......................... 110-641 R-1 Low Density Residential District 110-278 Proportion ...................... 110-646 R-2 Medium Density Residential Dis- Rhythm ........................ 110-647 trict ......................... 110-298 Roof lines ....................... 110-649 R-3 Medium Density Residential Dis- Scale ........................... 110-645 trict ......................... 110-318 Similar and compatible design ... 110-642 Accessories Storefronts ...................... 110-652 Swimming pools ................... 110-583 Utilities and stormwater manage- Accessory uses and structures ment area screening........ 110-656 C-1 Low Density Commercial District 110-333 Windows and transparency....... 110-651 C-2 Commercial/Manufacturing Dis- Boundary and organization......... 110-586 trict ......................... 110-382 Definitions ........................ 110-592 Generally ......................... 110-468 Design principles .................. 110-591 M-1 Light Industrial and Research Goals ............................. 110-589 and Development District ..... 110-353 Introduction ....................... 110-585 R-1 Low Density Residential District 110-273 Landscaping R-2 Medium Density Residential Dis- B uilding landscaping ............ 110-688 trict ......................... 110-293 Commercial site plan review ..... 110-684 R-3 Medium Density Residential Dis- Intent.......................... 110-683 trict ......................... 110-313 Project perimeter ................ 110-687 Residential planned unit develop - Required screening for commercial ments........................ 110-439 parking facilities ........... 110-690 Administrative review Screening between commercial or Appeal notice, hearing ............. 110-29(b) industrial zoning districts or Authority ......................... 110-29(a) uses and residential districts Stay of proceedings ................ 110-29(c) or uses .................... 110-686 Alcoholic beverages Surface parking lots ............. 110-689 Special exceptions for establishments Water efficient landscaping ....... 110-685 serving ....................... 110-171 Objectives ......................... 110-590 Temporary alcoholic beverage per - Parking mits ......................... 110-172 Intent .......................... 110-668 Appeals Parking structures .............. 110-671 Special exceptions. See herein: Vari- Shared parking ................. 110-670 ances, Special Exceptions, Rezon- Surface parking ................. 110-669 ings, Administrative Appeals Purpose ........................... 110-588 Annexations Signage Zoning classification of ............. 110-256 All signs ........................ 110-702 Antenna Awning signs .................... 110-703 Residential use/Satellite dishes ..... 110-478 Business park/area multi-user sign 110-709 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- B uilding orientation ............. 110-623 trict ......................... 110-316 Building setback ................ 110-625 Residential planned unit develop - Intent .......................... LEED or LEED equivalent design 110-621 110-622 ments Minimum lot area ............... 110-439 Supp. No. 23 CDi:23 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Reuse of area used for density calcu- Performance standards ............. 110-388 lation ........................ 110-253 Principal uses and structures....... 110-381 Townhouses ....................... 110-372 Prohibited uses and structures...... 110-384 Atomic energy uses................... 110-480 Special exceptions permissible by Board of adjustment.................. 110-2 board of adjustment........... 110-383 See also herein: Variances, Special Camping equipment Exceptions, Administrative Ap- Location of ........................ 110-551 peals Camping equipment, boats and boat trail- Boats and boat trailers ers, location of .................. 110-551 Living aboard ..................... 110-552 Certificate of occupancy Location of........................ 110-551 Hotels and motels.................. 110-122 Bonding Required .......................... 110-121 Residential planned unit develop- Commercial districts ments........................ 110-407 C-1 Low Density Commercial District 110-331 et seq. Boundaries See within subheading: C-1 Low Reconsideration of district boundary Density Commercial District changes ...................... 110-139 C-2 Commercial/Manufacturing Dis- Rules for interpretation of district trict ......................... 110-380 et seq. boundaries................... 110-248 See within this subheading: C-2 Breeze requirements Commercial/Manufacturing R-3 Medium Density Residential Dis- District trict, minimum breeze require- Landscaping and screening between ment......................... 110-319 commercial or industrial zoning Building official districts and residential zoning Duties of... ............. ........ 110-88 districts...................... 110-566 Building permits Commercial uses Residential planned unit develop- Buildings required for .............. 110-481 ments........................ 110-406 Common recreation and open space Townhouses ....................... 110-378 Residential planned unit develop- Buildings ments, minimum ............. 110-404, 110- Continuance of nonconforming struc- 438 tures ......................... 110-193 Complaints of violations .............. 110-90 Lot and street requirements for..... 110-255 Conflicts with other ordinances........ 110-86 Nonconforming uses of structures or Conformity to plans, specifications, in- of structures and premises in tendment uses and applications .. 110-91 combination, change of use .... 110-195 Construction Required for commercial uses ....... 110-481 Swimming pools ................... 110-581 Setback lines...................... 110-536 Courts, minimum width of............ 110-473 Structures approved by special excep- Dedication tions......................... 110-161 Public easement................... 110-477 C-1 Low Density Commercial District Public land ........................ 110-476 Accessory uses and structures ...... 110-333 Definitions ........................... 110-1 Area and dimensions............... 110-336 Density Assisted living facilities ............ 110-488 C-1 Low Density Commercial District 110-331 et seq. Intent; applicability ................ 110-331 See within subheading: C-1 Low Landscaping, screening and parking 110-338 Density Commercial District Minimum setbacks................. 110-337 R-1 Low Residential District........ 110-271 et seq. Offstreet parking and access........ 110-339 See within subheading: R-1 Low Principal uses and structures ....... 110-332 Residential District Prohibited uses and structures...... 110-335 R-2 Medium Density Residential Dis- Special exceptions permissible by trict110-291 ......................... et seq. board of adjustment........... 110-334 See within subheading: R-2 Me- C-2 Commercial/Manufacturing District dium Density Residential Dis- Accessory uses and structures ...... 110-382 trict Area and dimensions............... 110-385 R-3 Medium Density Residential Dis- Intent; applicability................ 110-380 trict ......................... 110-311 et seq. Landscaping, screening and parking 110-387 See within subheading: R-3 Me- Minimum setbacks................. 110-386 dium Density Residential Dis- Parking and loading ............... 110-389 trict Supp. No. 23 CDi:24 r CODE INDEX Section Section LAND DEVELOPMENT CODE (Cont'd,) LAND DEVELOPMENT CODE (Cont'd.) Residential planned unit develop- Donation bins prohibited .............. 110-490 ments Drainage systems Maximum density ............... 110-437 Residential planned unit develop - Reuse of area used for density calcu- ments........................ 110-404 lation ........................ 110-253 Dune crossovers Development districts R-3 Medium Density Residential Dis- M-1 Light Industrial and Research trict ......................... 110-320 and Development District ..... 110-351 et seq. Easements See within this subheading: M-1 Dedicated public easements ........ 110-477 Light Industrial and Research Emergency pad -mounted generators ... 110-484 and Development District Encroachments Development plans Setbacks .......................... 110-328 Residential planned unit develop- Fences, walls and hedges ............. 110-470 ments........................ 110-421 et seq. Floor area See within this subheading: Resi- Residential planned unit develop- dential Planned Unit Devel- ments, minimum ............. 110-441 opments Frontage Development schedule Residential planned unit develop - Townhouses ....................... 110-379 ments........................ 110-439 Development standards Garage sales ......................... 110-467 Residential planned unit develop- Generators ments........................ 110-444 Emergency pad -mounted generators. 110-484 Dimensions Height C-1 Low Density Commercial District 110-336 District ........................... 110-251 M-1 Light Industrial and Research Exceptions to regulations........... 110-471 and Development District ..... 110-356 Home occupations Offstreet loading ................... 110-507 Local business tax receipt required.. 110-523 R-1 Low Density Residential District R-2 Medium Density Residential Dis- 110-276 Permitted home occupations ........ Requirements ..................... 110-521 110-522 trict ......................... 110-296 Hotels and motels R-3 Medium Density Residential Dis- Certificate of occupancy ............ 110-122 trict ......................... 110-316 Individually platted lots Townhouses ....................... 110-372 Townhouses ....................... 110-377 Districts Industrial districts Annexations, zoning classification of. 110-256 Landscaping and screening between Application of district requirements . 110-249 commercial or industrial zoning Conformity ........................ 110-250 districts and residential zoning Dimension or areas reduction below districts ...................... 110-566 minimum .................... 110-254 M-1 Light Industrial and Research Duplicate use of setbacks, open space, and Development District ..... 110-351 et seq. parking space ................ 110-252 See within this subheading: M-1 Lot and street requirements for struc- Light Industrial and Research tures......................... 110-255 and Development District Official zoning map Intersections Adopted ........................ 110-246 Visibility at ....................... 110-469 Replacement .................... 110-247 Interpretation of provisions ........... 110-87 Reconsideration of district boundary Land changes ...................... 110-139 Continuance of nonconforming uses Regulations for specific districts. See of ............................ 110-194 within specific districts as in- Landscaping and vegetation dexed AlA Economic Opportunity Overlay Reuse of area used for density calcu- District ...................... 110-683 et seq. lations ....................... 110-253 See within this subheading: Land - Rules for interpretation of district scaping boundaries ................... 110-248 C-1 Low Density Commercial District 110-338 Structure, height, maximum use, lot C-2 Commercial/Manufacturing Dis- area,setbacks ................ 110-251 trict ......................... 110-387 Unusual uses or uses not specifically Interior landscaping for offstreet park - permitted .................... 110-257 ing areas..................... 110-567 Supp. No. 23 CDi:25 CAPE CANAVERAL CODE Section Section LAND DEVELOPMENT CODE (Cont'd.) LAND DEVELOPMENT CODE (Cont'd.) Landscaping and screening between Medium density residential district commercial or industrial zoning R-2 Medium Density Residential Dis- districts and residential zoning trict ......................... 110-291 et seq. districts ...................... 110-566 See within subheading: R-2 Me - M -1 Light Industrial and Research dium Density Residential Dis- and Development District ..... 110-358 trict Length of structures R-3 Medium Density Residential Dis- Residential planned unit develop- trict ......................... 110-311 et seq. ments, maximum ............. 110-440 See within subheading: R-3 Me - Light industrial districts dium Density Residential Dis- M-1 Light Industrial and Research trict and Development District ..... 110-351 et seq. Mobile home parks See within this subheading: M-1 Nonconforming uses ............... 110-192 Light Industrial and Research Nonconformities and Development District Abandonment ..................... 110-197 Liquefied petroleum gas .............. 110-485 Continuance of nonconforming struc- Loading tures......................... 110-193 M-1 Light Industrial and Research Continuance of nonconforming uses and Development District ..... 110-360 of land ....................... 110-194 Local business tax receipt required .... 110-523 Intent; rules of interpretation; build - Location ing and fire codes; definitions.. 110-191 Offstreet loading ................... 110-507 Mobile home parks and single-family Recreational vehicles, camping equip- mobile home districts ......... 110-192 ment, boats and boat trailers .. 110-551 Nonconforming lots of record ....... 110-196 Spaces Nonconforming uses of structures or Offstreet parking ................ 110-492 of structures and premises in Swimming pools ................... 110-581 combination; change of use .... 110-195 Lots Repairs and maintenance........... 110-198 Area Special permit ..................... 110-200 District ......................... 110-251 Temporary uses.................... 110-199 Residential planned unit develop- Number of spaces ments..................... 110-439 Offstreet parking .................. 110-491 Erection of more than one principal Official zoning map structure on .................. 110-537 Adopted........................... 110-246 Requirements for structures........ 110-255 Replacement ...................... 110-247 Low density commercial district Offstreet loading C-1 Low Density Commercial District 110-331 et seq. Location and dimensions of space ... 110-507 See within subheading: C-1 Low Requirements spaces ............... 110-506 Density Commercial District Offstreet parking Low density residential district Access ............................ 110-493 R-1 Low Residential District........ 110-271 et seq. C-1 Low Density Commercial District 110-339 See within subheading: R-1 Low Interior landscaping for offstreet park - Density Residential District ing areas ..................... 110-567 M-1 Light Industrial and Research and Location spaces .................... 110-492 Development District Number of spaces required ......... 110-491 Accessory uses and structures ...... 110-353 R-1 Low Density Residential District 110-278 Area and dimension ................ 110-356 R-2 Medium Density Residential Dis- Intent; applicability ................ 110-351 trict ......................... 110-298 Landscaping, screening and parking 110-358 R-3 Medium Density Residential Dis- Minimum setbacks ................. 110-357 trict ......................... 110-318 Parking and loading ............... 110-360 Residential planned unit develop - Performance standards ............. 110-359 ments........................ 110-442 Principal uses and structures....... 110-352 Townhouses ....................... 110-374 Prohibited uses and structures...... 110-355 Open space Special exceptions permissible by Duplicate use of ................... 110-252 board of adjustment........... 110-354 Pain management clinic and medical Maximum use marijuana treatment center regu- District ........................... 110-251 lations.......................... 110-489 Supp. No. 23 CDi:26 D A I CODE INDEX Certain vehicles ................... M-1 Light Industrial and Research and Development District ..... R-3 Medium Density Residential Dis- trict Protection of public beach -end park- ing........................ Parking space Duplicate use of ................... Paving of vehicular use area .......... Penalties for violations ............... Performance standards Application of ..................... M-1 Light Industrial and Research and Development District ..... Permissible uses and structures R-1 Low Density Residential District R-3 Medium Density Residential Dis- trict ......................... Permits Application ........................ Expiration ......................... Required .......................... Temporary alcoholic beverage per- mits......................... Permitted home occupation ........... Permitted uses Residential planned unit develop- ments ........................ Townhouses ....................... Physical review Residential planned unit develop- ments ........................ Planned developments Building permit .................... Common open space, drainage sys- tems, and other related common facilities.. . ................... Definitions ........................ Enforcement ....................... Permitted uses .................... Physical review ................... . Planned development plans Application procedures.......... . Concept plan .................... Land use plan ................... Site/construction plan............ Purpose and intent ................ Revocation ........................ Supp. No. 23 389 110-554 110-358, 110- 360 110-321 110-252 110-555 110-89 110-466 110-359 110-272 110-312 110-107 110-108 110-106 110-172 110-521 110-403 110-371 110-405 110-725 110-723 110-720 110-727 110-722 110-724 110-740 110-741 110-742 110-743 110-721 110-726 LAND DEVELOPMENT CODE (Cont'd.) Planning and zoning board........... . Preservation Residential planned unit develop- ments ........................ Principal uses and structures C-1 Low Density Commercial District C-2 CommerciallManufacturing Dis- trict ......................... M-1 Light Industrial and Research and Development District ..... R-2 Medium Density Residential Dis- trict ......................... Private roads and other related common facilities Residential planned unit develop- ments ........................ Prohibited uses and structures C-2 Commercial/Manufacturing Dis- trict......................... M-1 Light Industrial and Research and Development District ..... R-1 Low Density Residential District R-2 Medium Density Residential Dis- trict ......................... R-3 Medium Density Residential Dis- trict......................... Public land Dedicated ......................... R-1 Low Density Residential District Accessory uses and structures ...... Area and dimensions ............... Intent............................. Minimum setbacks ................. Offstreet parking and access........ Principal uses and structures ....... Prohibited uses and structures...... Special exceptions permissible by board of adjustment.......... . R-2 Medium Density Residential Dis- trict............................ Accessory uses and structures ...... Area and dimension. ............... Intents............................ Minimum setbacks ................. Offstreet parking and access........ Principal uses and structures ....... Prohibited uses and structures...... Special exceptions permissible by board of adjustment........... R-3 Medium Density Residential Dis- trict Accessory uses and structures ...... Areas and dimensions ............. . Assisted living facilities ............ Dune crossovers required........... Intent.. ........................... Minimum breeze requirement ...... Minimum setbacks ................. Offstreet parking and access........ CDi:27 Section 110-3 110-445 110-332 110-381 110-352 110-292 110-404 110-384 110-355 110-275 110-295 110-315 110-476 110-273 110-276 110-271 110-277 110-278 110-272 110-275 110-274 110-296 110-293 110-296 110-291 110-297 110-298 110-292 110-295 110-294 110-313 110-316 110-488 110-320 110-311 110-319 110-317 110-318 Section LAND DEVELOPMENT CODE (Cont'd.) Parking AlA Economic Opportunity Overlay District ...................... 110-668 et seq. See within this subheading: Park- ing C-1 Low Density Commercial District 110-338 C-2 Commercial/Manufacturing Dis- trict ......................... 110-387, 110 - Certain vehicles ................... M-1 Light Industrial and Research and Development District ..... R-3 Medium Density Residential Dis- trict Protection of public beach -end park- ing........................ Parking space Duplicate use of ................... Paving of vehicular use area .......... Penalties for violations ............... Performance standards Application of ..................... M-1 Light Industrial and Research and Development District ..... Permissible uses and structures R-1 Low Density Residential District R-3 Medium Density Residential Dis- trict ......................... Permits Application ........................ Expiration ......................... Required .......................... Temporary alcoholic beverage per- mits......................... Permitted home occupation ........... Permitted uses Residential planned unit develop- ments ........................ Townhouses ....................... Physical review Residential planned unit develop- ments ........................ Planned developments Building permit .................... Common open space, drainage sys- tems, and other related common facilities.. . ................... Definitions ........................ Enforcement ....................... Permitted uses .................... Physical review ................... . Planned development plans Application procedures.......... . Concept plan .................... Land use plan ................... Site/construction plan............ Purpose and intent ................ Revocation ........................ Supp. No. 23 389 110-554 110-358, 110- 360 110-321 110-252 110-555 110-89 110-466 110-359 110-272 110-312 110-107 110-108 110-106 110-172 110-521 110-403 110-371 110-405 110-725 110-723 110-720 110-727 110-722 110-724 110-740 110-741 110-742 110-743 110-721 110-726 LAND DEVELOPMENT CODE (Cont'd.) Planning and zoning board........... . Preservation Residential planned unit develop- ments ........................ Principal uses and structures C-1 Low Density Commercial District C-2 CommerciallManufacturing Dis- trict ......................... M-1 Light Industrial and Research and Development District ..... R-2 Medium Density Residential Dis- trict ......................... Private roads and other related common facilities Residential planned unit develop- ments ........................ Prohibited uses and structures C-2 Commercial/Manufacturing Dis- trict......................... M-1 Light Industrial and Research and Development District ..... R-1 Low Density Residential District R-2 Medium Density Residential Dis- trict ......................... R-3 Medium Density Residential Dis- trict......................... Public land Dedicated ......................... R-1 Low Density Residential District Accessory uses and structures ...... Area and dimensions ............... Intent............................. Minimum setbacks ................. Offstreet parking and access........ Principal uses and structures ....... Prohibited uses and structures...... Special exceptions permissible by board of adjustment.......... . R-2 Medium Density Residential Dis- trict............................ Accessory uses and structures ...... Area and dimension. ............... Intents............................ Minimum setbacks ................. Offstreet parking and access........ Principal uses and structures ....... Prohibited uses and structures...... Special exceptions permissible by board of adjustment........... R-3 Medium Density Residential Dis- trict Accessory uses and structures ...... Areas and dimensions ............. . Assisted living facilities ............ Dune crossovers required........... Intent.. ........................... Minimum breeze requirement ...... Minimum setbacks ................. Offstreet parking and access........ CDi:27 Section 110-3 110-445 110-332 110-381 110-352 110-292 110-404 110-384 110-355 110-275 110-295 110-315 110-476 110-273 110-276 110-271 110-277 110-278 110-272 110-275 110-274 110-296 110-293 110-296 110-291 110-297 110-298 110-292 110-295 110-294 110-313 110-316 110-488 110-320 110-311 110-319 110-317 110-318 CAPE CANAVERAL CODE 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 expenses. 110-92 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 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 trict ......................... 110-291 et seq. District ........................... 110-251 See within subheading: R-2 Me- Duplicate use of ................... 110-252 dium Density Residential Dis- trict Encroachments .................... Erection of more than one principal 110-538 R-3 Medium Density Residential Dis- structure on lot ............... 110-537 trict ......................... 110-311 et seq. M-1 Light Industrial and Research 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 tems, private roads and other Residential planned unit develop - related common facilities ...... 110-404 ments ........................ 110-439 Development plans Swimming pools, minimum ......... 110-584 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 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 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 Supp. No. 23 CDi:28 CODE INDEX r 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 deficiencies. 110-30 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 cles.......................... 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 hicles 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 LANDSCAPING permitted ....................... 110-257 Appearance and maintenance............ 34-99 Uses Land development code regulations re zon- Approved by special exceptions ..... 110-161 ing................................ 110-26 et seq. Utilities See: LAND DEVELOPMENT CODE Townhouses ....................... 110-375 Landscape irrigation Underground, required ............. 110-482 Applicability; purpose and intent ...... 91-2 Vacation rentals ...................... 110-486 Definitions........................... 91-1 Vacation resort campus.. . ............ 110-490.1 Enforcement and penalties............ 91-7 Variances, special exceptions, rezonings, Exceptions to landscape irrigation sched- administrative appeals; procedures ules ............................ 91-4 Abandonment ..................... 110-32 Landscape irrigation schedules ........ 91-3 Administrative appeals ............. 110-40 Required irrigation system technology . 91-5 Supp. No. 23 CDi:29 LANDSCAPING (Cont'd.) Variance from specific day of the week limitations ...................... Sanitary sewer system ................. . See: SEWERS AND SEWAGE DIS- POSAL Tree protection, land clearing ............ See: LAND DEVELOPMENT CODE LAW ENFORCEMENT Alarm systems generally ................ See: ALARM SYSTEMS Impact fees generally ................... See: IMPACT FEES Police department ...................... LEASES Certain ordinances not affected by Code . . City attorney Duties............................... LIBRARY Established ............................. Fees schedule in general. See: FEES (Ap- pendix B) Impact fees generally .................. . See: IMPACT FEES Library board Created.............................. Expenditures ........................ Indebtedness ......................... Liability of city limited ............... Meetings ............................ Reports to council .................... LICENSES AND PERMITS Adult entertainment establishment license Alarm systems .......................... See: ALARM SYSTEMS Building sewers Permit for connections ................ Buildings and building regulations ....... See: LAND DEVELOPMENT CODE Community appearance review board Permits Appeals and review ................ Application criteria ................ Approval prerequisite for permits ... Building permits; enforcement ...... Notice of approval or denial ....... . Concurrency management system ........ See: LAND DEVELOPMENT CODE Construction site stormwater runoff con- trol Permits.............................. Excavations Street excavation permit requirements. Fees schedule in general. See: FEES (Ap- pendix B) Fireworks permit (public display) ........ Floodplain management ................. See: LAND DEVELOPMENT CODE CAPE CANAVERAL CODE Section 91-6 78-26 et seq. 102-36 et seq. 30-26 et seq. 2-231 et seq: 42-26 1-10(a)(2) 2-126(6) 46-1 2-231 et seq. 46-26 46-27 46-33 46-31 46-30 46-32 10-93 et seq. 30-27 et seq. 78-77 82-1 et seq. 22-46 22-44 22-40 22-47 22-43 86-1 et seq. 90-201 66-81 et seq. 38-82 et seq. 90-26 et seq. LICENSES AND PERMITS (Cont'd.) Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Land development code; zoning Nonconformities Special permit ..................... Motion and still photography production permits ........................... See: PHOTOGRAPHY Outdoor entertainment events........... See: OUTDOOR ENTERTAINMENT EVENTS Sewer impact fee requirements .......... Sexually oriented business license....... . Signs Land development code regulations .... See: LAND DEVELOPMENT CODE Solicitors, peddlers and itinerant mer- chants permit requirement ......... See: PEDDLERS, CANVASSERS AND SOLICITORS Street excavation permit requirements ... See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Temporary storage units (permit) ........ Tree protection, land clearing ............ Vehicles for hire Certificate of public convenience and ne- cessity license ................... Driver's permit ....................... Licenses and fees to be in addition to other taxes and charges.......... Vested rights ........................... See: VESTED RIGHTS Wastewater discharge permits ........... LIENS Abandoned property Collection of lien on private property re towing, storage, expenses ........ Application for satisfaction or release of code enforcement liens ............. Code enforcement Criminal nuisance abatement board Penalties; fines; liens; recording.... . LIFE SAFETY CODE. See: FIRE PREVEN- TION Section 110-26 et seq. 110-200 16-60 et seq. 10-61 et seq. 78-125 10-93 et seq. 94-1 et seq. 16-51 et seq 66-81 et seq. 82-400 102-39,102-40 80-26 et seq. 80-51 et seq. 80-3 115-3 et seq. 78-98 34-188 2-260 2-297 LIGHT INDUSTRIAL DISTRICT Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE LIGHTS AND LIGHTING Definitions ............................. 34-206 Exceptions ............................. 34-210 Method of measurement ................. 34-211 Policy established ....................... 34-207 Sea turtles Publicly owned lighting regulations.... 14-57 Supp. No. 23 CDi:30 it R 9 CODE INDEX LITTER AND LITTERING Section LIGHTS AND LIGHTING (Cont'd.) 34-43 Signs.................................. 94-63 Solid waste 34-41 Transporting regulations .............. 62-7 Spill-over lighting standards established.. 34-209 Vehicles for hire ........................ 80-76(c) LIQUEFIED PETROLEUM GAS 18-1 et seq. Land development code Zoning; liquefied petroleum gas........ 110-485 Public service tax ....................... 70-26 et seq. See: TAXATION 34-54 LITTER AND LITTERING Section Abatement; assessment ................. 34-43 Aircraft, dropping from .................. 34-35 Burial of trash, rubbish or other debris ... 34-41 Definitions ............................. 34-26 Enforcement ............................ 34-42 Gutters, sweeping into prohibited ........ 34-31 Handbills 18-1 et seq. Depositing on uninhabited or vacant premises ........................ 34-53 Distribution prohibited where property 110-26 et seq. posted .......................... 34-54 Inhabited private premises, distribution at .............................. 34-55 Throwing or distributing in public places 34-51 Vehicles, placing on ................... 34-52 Merchant's 34-153(3) Duty to keep sidewalks free of litter ... 34-32 Occupied private property, depositing on.. 34-37 Owner's maintenance of premises ........ 34-38 Parks and recreation Pollution and litter ................... 54-9 Posting notices prohibited ............... 34-40 Property maintenance standards ......... 34-91 et seq. See: PROPERTY MAINTENANCE STANDARDS Public places, litter in ................... 34-29 Receptacles, placement in ............... 34-30 River or other body of water, throwing in. 34-36 Sidewalks Merchant's duty to keep sidewalks free of litter ......................... 34-32 Truck loads ............................. 34-34 Unlawful deposit ....................... 34-28 Vacant lots, depositing on ............... 34-39 Vehicles Litter throwing by persons in vehicle .. 34-33 Wetlands protection ..................... 106-26 et seq. See: LAND DEVELOPMENT CODE LOADING AND UNLOADING Offstreet loading Land development code regulations re zoning .......................... See: LAND DEVELOPMENT CODE Out of repair vehicles Noises, enumeration of prohibited ..... Supp. No. 23 U) MALT BEVERAGES. See: ALCOHOLIC BEV- ERAGES MANUFACTURED GAS Public service tax ....................... 70-26 et seq. See: TAXATION MAPS. See: SURVEYS, MAPS AND PLATS MARQUEES Section LOADS Truck loads causing litter ............... 34-34 LOCAL IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS LOCAL PLANNING AGENCY Designation and establishment .......... 58-56 et seq. See: PLANNING AND DEVELOPMENT 18-1 et seq. LOTS Land development code regulations re zon- 18-2 ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE Subdivisions Land development code regulations.... 98-1 et seq. See: LAND DEVELOPMENT CODE LOUDSPEAKERS Noises, enumeration of prohibited........ 34-153(3) U) MALT BEVERAGES. See: ALCOHOLIC BEV- ERAGES MANUFACTURED GAS Public service tax ....................... 70-26 et seq. See: TAXATION MAPS. See: SURVEYS, MAPS AND PLATS MARQUEES Signs Land development code regulations .... 94-1 et seq. See: LAND DEVELOPMENT CODE MAYOR City manager Powers and duties .................... 2-101(3) Civil emergencies generally .............. 18-1 et seq. See: CIVIL EMERGENCIES Persons authorized to declare ......... 18-2 MEDICAL SERVICES Fire protection services; emergency medi- cal services ........................ 38-56 Land development code Zoning Pain management clinic and medical marijuana treatment center reg- ulations ...................... 110-489 MERCHANTS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS METERS Franchise regulations in general. See: 110-26 et seq. FRANCHISES (Appendix A) Outdoor entertainment events Permit; metered parking .............. 10-72 34-153(7) Taximeters ............................. 80-76(f) CDi:31 CAPE CANAVERAL CODE MOTOR VEHICLES AND TRAFFIC Section MINORS Fireworks 6-51 et seq. Operator regulations ................. 38-85 Sexually oriented businesses, adult enter- 86-1 et seq. tainment establishments ........... 10-86 et seq. Unlawful provisions re minors......... 10-122 MOBILE HOMES AND MOBILE HOME 74-59 PARKS 74-56 Floodplain management., ............ 90-26 et seq. See: LAND DEVELOPMENT CODE 54-8 Land development code regulations re zon- 74-62 ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE 34-52 Land development code; zoning 74-32 Nonconformities 110-26 et seq. Mobile home parks and single-family 16-26 et seq. mobile home districts ......... 110-192 MONIES OF CITY. See: FINANCES 34-33 MONTHS Definitions and rules of construction ..... 1-2 Public service tax, monthly computation.. 70-34 MONUMENTS AND MARKERS Subdivisions 34-153(6) Land development code regulations.... 98-1 et seq. See: LAND DEVELOPMENT CODE 34-153(7) MOTOR VEHICLES AND TRAFFIC Section Alcoholic beverages Motor vehicle regulations ............. 6-51 et seq. See: ALCOHOLIC BEVERAGES 74-62 Concurrency management system ........ 86-1 et seq. See: MOTOR VEHICLES AND TRAF- 74-61 FIC 74-57 Dune parking prohibited ................ 74-59 Exhaust 74-56 Noises, enumeration of prohibited ..... 34-153(6) Fire lanes 54-8 Designation of ....................... 74-62 Handbills 94-1 et seq. Placing in vehicles .................... 34-52 Land development code regulations re zon- 74-32 ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE 16-26 et seq. Litter Throwing by person in vehicles........ 34-33 Maps Truck routes ......................... 74-31 No parking zone, authority to establish... 74-58 Noises Exhausts ............................ 34-153(6) Horns, signal devices ................. 34-153(1) Out of repair vehicles ................. 34-153(7) Out of repair vehicles Noises, enumeration of prohibited ..... 34-153(7) Overnight parking ...................... 74-61 Parking, stopping and standing 74-29 County's civil traffic infraction hearing 74-60 officer program adopted.......... 74-63 N NATURAL DISASTERS. See: CIVIL EMER- GENCIES NATURAL GAS Public service tax ....................... 70-26 et seq. See: TAXATION NOISE Construction noise ...................... 34-154 Declaration of policy to prohibit noise .... 34-151 Supp. No. 23 CDi:32 D D I F& Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) Dune parking prohibited .............. 74-59 Fire lanes, designation of ............. 74-62 No parking zones, authority to establish 74-58 Overnight parking .................... 74-61 Penalties ............................ 74-57 Prohibited in rights-of-way............ 74-56.5 State law adopted .................... 74-56 Truck parking ........................ 74-60 Parks and recreation; traffic ............. 54-8 Signs Land development code regulations .... 94-1 et seq. See: LAND DEVELOPMENT CODE Truck routes ......................... 74-32 Solicitors, peddlers and itinerant mer- chants ............................ 16-26 et seq. See: PEDDLERS, CANVASSERS AND SOLICITORS Solid waste Transporting regulations .............. 62-7 Stopping and standing. See herein: Park- ing, Stopping and Standing Through streets, parking, etc. Certain ordinances not affected by Code 1-10(a)(8) Travel on other than streets or highways . 74-1 Trucks Applicability of provisions ............. 74-27 Definitions ........................... 74-26 Exceptions ........................... 74-29 Parking .............................. 74-60 Penalties ............................ 74-28 Truck loads .......................... 34-34 Truck routes Established ........................ 74-30 Inside origin ....................... 74-30(2) Maps of truck routes ............... 74-31 Outside origin ..................... 74-30(1) Signs for truck routes .............. 74-32 Vehicles for hire ........................ 80-1 et seq. See: VEHICLES FOR HIRE MOTORBOATS. See: BOATS, DOCKS AND WATERWAYS MUFFLERS Noises, enumeration of prohibited........ 34-153(6) MUSICAL INSTRUMENTS Noises, enumeration of prohibited........ 34-153(2) N NATURAL DISASTERS. See: CIVIL EMER- GENCIES NATURAL GAS Public service tax ....................... 70-26 et seq. See: TAXATION NOISE Construction noise ...................... 34-154 Declaration of policy to prohibit noise .... 34-151 Supp. No. 23 CDi:32 D D I F& NOISE (Cont'd.) Enumeration of prohibited noises ........ Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Parks and recreation Noise and other conduct .............. NUDITY Alcoholic beverage establishments Nudity on premises where served, con- sumed or stored ................. Sexually oriented businesses, adult enter- tainment establishments ........... NUISANCES Abandoned property generally ........... See: ABANDONED PROPERTY Criminal nuisance abatement board..... . See: CODE ENFORCEMENT General penalty; attorneys' fees and costs Noise generally ......................... See: NOISE Property maintenance standards......... See: PROPERTY MAINTENANCE STANDARDS Spill-over lighting ....................... See: LIGHTS AND LIGHTING Weeds and vegetation .................. . See: WEEDS AND DEAD VEGETA- TION Notice to remedy notices .............. Public nuisances prohibited .......... . NUMBERS AND NUMBERING Definitions and rules of construction ..... Numbering of buildings and property.... . See: LAND DEVELOPMENT CODE Vehicles for hire ........................ Number of passengers carried.. .. . . . CODE INDEX Section OATH, AFFIRMATION, SWEAR OR SWORN OBSTRUCTIONS (Cont'd.) 34-153 Signs OBLIGATIONS Land development code regulations .... 110-26 et seq. See: LAND DEVELOPMENT CODE OBNOXIOUS SUBSTANCES Solid waste collection ................... 54-18 OCCUPANCY See: PROPERTY MAINTENANCE Franchise regulations in general. See: STANDARDS FRANCHISES (Appendix A) OBSCENITY. See: INDECENCY AND OB- OCCUPATIONAL LICENSE TAX. See: TAX - 6 -27 ATION 10-86 et seq. OFFENSES Parks and recreation Abandoned property .................... Injuring, interfering with, etc., build- See: ABANDONED PROPERTY 34-181 et seq. Certain ordinances not affected by Code . . Interference with personnel/park opera- Code does not affect prior offenses....... . 2-292 et seq. Court costs for police education and train- ing....................... Effect of repeal of ordinances and offenses 34-151 et seq. committed ......................... General penalty; attorneys' fees and costs 34-91 et seq. Penalties for specific acts, omissions, viola- tions, etc. See specific subjects as in- dexed 34-206 et seq. State misdemeanor acts adopted, penalties 34-121 et seq. 34-123 34-122 1-2 82-366 et seq. 80-76(e) 80-79 O OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction ..... 1-2 OBLIGATIONS Certain ordinances not affected by Code .. 1-10(a)(2) OBNOXIOUS SUBSTANCES Property maintenance standards......... 34-91 et seq. See: PROPERTY MAINTENANCE STANDARDS OBSCENITY. See: INDECENCY AND OB- SCENITY OBSTRUCTIONS Parks and recreation Injuring, interfering with, etc., build- ings and other property.......... 54-20 Interference with personnel/park opera- tions ........................... 54-21 Supp. No. 23 OFFICERS AND EMPLOYEES Acting city manager ..................... Animal control officer ................... City clerk Duties............................... City manager ........................... Powers and duties ................... . Classification Certain ordinances not affected by Code Definitions and rules of construction ..... Delegation of authority Definitions and rules of construction ... Fire chief ............................... Floodplain management ................. See: LAND DEVELOPMENT CODE Housing Fair housing Administrator authority and respon- sibilities ...................... Joint authority Definitions and rules of construction.. . Police chief ............................. Precinct supervisor ..................... Property Registration and maintenance of prop- erties in foreclosure Additional authority of enforcement officers; immunity ............. Salaries Certain ordinances not affected by Code Sergeant at arms City council .......................... CDi:33 Section 94-1 et seq. 62-11 34-181 et seq. 1-10(a)(1) 1-8 50-3 1-9(b) 1-15 50-1 2-102 14-27 2-116 2-101 et seq. 2-101 1-10(a)(14) 1-2 1-2 38-58 90-39 et seq. 36-3 1-2 42-26 42-26 82-123 1-10(a)(14) 2-63 CAPE CANAVERAL CODE Section Section OFFICERS AND EMPLOYEES (Cont'd.) PARKING (Cont'd.) Travel reimbursement policies and proce- Land development code dures Zoning Reimbursement policy and procedures AIA Economic Opportunity Overlay for official travel ................. 2-300 District Landscaping; required screening for ORDINANCES, RESOLUTIONS, ETC. commercial parking facilities 110-690 City attorney Outdoor entertainment events Duties ............................... 2-126(4) Permit City council Location of public parking; transpor- Preparation of ordinances and resolu tatia services ................ 10-67 tions prior to meetings........... 2-59 Metered parking................... p 10-72 County animal control ordinance......... 14-26 et seq. See: ANIMALS AND FOWL PARKS AND RECREATION Franchise regulations in general. See: Airsoft and paintball guns; BB guns...... 54-23 FRANCHISES (Appendix A) Alcoholic beverages Street abandonment, ordinance required . 66-39 Ocean Beach ......................... 6-53 OUTDOOR ADVERTISING Possession and consumption .......... 6-52 Signs Alcoholic beverages/tobacco products; gam- Land development code regulations.... 94-1 et seq. bling .............................. 54-14 See: LAND DEVELOPMENT CODE Animals Prohibited in parks................... 14-28 OUTDOOR ENTERTAINMENT EVENTS Boats, vessels regulated ................. 54-46 et seq. Compliance with other laws ............. 10-48 See: BOATS, DOCKS AND WATER_ Definitions............................. 10-47 WAYS General provisions ...................... 10-46 Commercial beach vendor franchises ..... 54-5 Local business tax receipt required....... 10-49 Authority ............................ 54-5(a) Penalties and enforcement............... 10-50 Award of franchise ................... 54-5(b) Permit Franchise fee ........................ 54-5(c) Alcohol sales and consumption ........ 10-62 Identification requirements ........... 54-5(g) Application .......................... 10-61 Location of commercial beach vending . 54-5(h) Cleanup and damage deposit .......... 10-66 Manner and conduct of beach vending . 54-5(e) Closure or gating of public property and Minimum appearance/dress requirements 54-5(f) streets .......................... 10-64 Minimum requirements of franchisees . 54-5(d) Emergency suspension or cancellation of Termination or suspension of franchise. 54-5(i) permitted outdoor entertainment Commercial recreational franchises event ........................... 10-77 Authority............................ 54-6(a) Fees and deposits .................... 10-73 Commercial solicitation ................. 54-4 Insurance requirements............... 10-63 Concurrency management............... 86-1 et seq. Life and public safety requirements.... 10-75 See: LAND DEVELOPMENT CODE Location of public parking; transporta- Culture and leisure services board tion services .................... 10-67 Duties............................... 54-28 Metered parking ..................... 10-72 Established.......................... 54-26 Other permits and licenses............ 10-74 Indebtedness ......................... 54-29 Other public gatherings............... 10-65 Definition of city park................... 54-1 Revocation of permits................. 10-76 Domestic and other animals ............. 54-13 Temporary structures; integrity, height, Fees schedule in general. See: FEES (Ap- location......................... 10-69 pendix B) Turtle protection ..................... 10-68 Fires................................... 54-16 Vendors .............................. 10-70 Fireworks; destructive devices; weapons; Water craft, use of.................... 10-71 other potentially dangerous uses.... 54-11 OWNER Flood resistant development ............. 90-96 et seq. Definitions and rules of construction ..... 1-2 See: LAND DEVELOPMENT CODE Glass containers ........................ 54-22 P Hours of operation and general use of city parks............................. 54-7 PARKING Hunting/wildlife preservation and conser- General regulations ..................... 74-56 et seq. vation............................. 54-12 See: MOTOR VEHICLES AND TRAF- Impact fees generally ................... 2-231 et seq. FIC See: IMPACT FEES Supp. No. 23 CDi:34 CODE INDEX Section Section PARKS AND RECREATION (Cont'd.) PEDDLERS, CANVASSERS AND SOLICI- Injuring, interfering with, etc., buildings TORS (Cont'd.) and other property ................. 54-20 Investigation; denial or issuance of; re - Interference with personnel/park opera- cord ............................ 16-53 tions .............................. 54-21 Notice of hearing..................... 16-55 Litter Required ............................. 16-51 Throwing in river or other body of water Revocation ........................... 16-54 in parks ........................ 34-36 Report of violations ..................... 16-31 Noise and other conduct ................. 54-18 Solicitor to leave when requested ........ 16-29 Peddling/distribution of materials ........ 54-19 Pollution and litter ..................... 54-9 PENALTIES. See: FINES, FORFEITURES Procedures for naming of city parks AND OTHER PENALTIES Assistance petitions .................. 54-2(e) PERSON Generally ............................ 54-2(b) Definitions and rules of construction ..... 1-2 Intent and purpose; findings .......... 54-2(a) Minimum community support for assis- PERSONNEL. See: OFFICERS AND EM- tance petitions .................. 54-24) PLOYEES Naming guidelines ................... 54-2(c) Other factors. . . ...................... 54-2(d) PHONOGRAPHS Promulgation of rules; city fees; preexist- Noises, enumeration of prohibited........ 34-153(2) ing rules; conflicts with rules; enforce- PHOTOGRAPHY ment and penalties Motion and still photography production Conflicts with rules ................... 54-24(h) permits Enforcement, generally ............... 54-24(i) Application for permit ................ 16-66 Fees ................................. 54-24(f) City manager to act as agent for city .. 16-64 Initiation of code enforcement ......... 54-240) Definitions ........................... 16-63 Penalties ............................ 54-24(k) Nonexemption from other city Code re - Preexisting rules ..................... Removal of natural resources............ 54-24(g) 54-10 quirements ..................... Purposes ............................. 16-67 16-61 Sleeping and camping ................... 54-17 Recovery of costs for extraordinary ser - Street excavations ...................... 66-61 et seq. vices16-68 ........................... See: STREETS, SIDEWALKS AND Required ............................. 16-65 OTHER PUBLIC WAYS Suspension and revocation ............ 16-65 Suspension of use of city park ........... 54-25 Title................................. 16-60 Traffic .................................. 54-8 Violations and penalties .............. 16-65 Trespass ............................... 54-15 Vessels regulated ....................... 54-46 et seq. PIPE LINES See: BOATS, DOCKS AND WATER- Franchise regulations in general. See: WAYS FRANCHISES (Appendix A) Wetlands protection ..................... 106-26 et seq. See: LAND DEVELOPMENT CODE PLANNED UNIT DEVELOPMENTS Land development code regulations re zon- PARTNERSHIPS ing................................ 110-26 et seq. Persons; definitions and rules of construc- See: LAND DEVELOPMENT CODE tion extended and applied to........ 1-2 PLANNING AND DEVELOPMENT PEDDLERS, CANVASSERS AND SOLICI- Business and cultural development board. 22-26 et seq. TORS Community appearance review board .... 22-36 et seq. Definitions ............................. 16-26 Comprehensive plan Fraud .................................. 16-30 Designation of agency, department, com- Harassment prohibited .................. 16-28 mittee or person to prepare ...... 58-58 Parks and recreation Floodplain management ................. 90-26 et seq. Commercial solicitation ............... 54-4 See: LAND DEVELOPMENT CODE Peddling/distribution of materials ..... 54-19 Franchise regulations in general. See: Permission to enter premises required.... 6-27 FRANCHISES (Appendix A) Permit Impact fees generally ................... 2-231 et seq. Appeals .............................. 16-56 See: IMPACT FEES Application .......................... 16-52 Land development code regulations re zon- Badge for solicitors ................... 16-57 ing................................ 110-26 et seq. Exhibition of permit on request........ 16-58 See: LAND DEVELOPMENT CODE Supp. No. 23 CDi:35 PLANNING AND DEVELOPMENT (Cont'd.) Local planning agency Designation and establishment ........ Designation of agency, department, com- mittee or person to prepare com- prehensive plan ................. Duties and responsibilities ............ Notice requirement for amendments to fu- ture land use map ................. Plan checking fee Fees schedule in general. See: FEES (Appendix B) Planning and zoning board .............. See: LAND DEVELOPMENT CODE Sanitary sewer system .................. See: SEWERS AND SEWAGE DIS- POSAL Signs Land development code regulations.... See: LAND DEVELOPMENT CODE Street excavations ...................... See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Subdivisions Land development code regulations.... See: LAND DEVELOPMENT CODE Tree protection, land clearing........... . See: LAND DEVELOPMENT CODE Vested rights ........................... See: VESTED RIGHTS PLANT LIFE. See: WEEDS AND DEAD VEG- ETATION PLATS. See: SURVEYS, MAPS AND PLATS PLUMBING Fees schedule in general. See: FEES (Ap- pendix B) Floodplain management ................. See: LAND DEVELOPMENT CODE Public service tax ....................... See: TAXATION Sanitary sewer system .................. See: SEWERS AND SEWAGE DIS- POSAL Maintenance of plumbing system .... CAPE CANAVERAL CODE Section Section POLICE DEPARTMENT (Cont'd.) Vehicles for hire 58-56 Receiving police radio calls prohibited; radios which may be used........ 80-81 58-58 POLITICAL SIGNS 58-57 Signs Land development code regulations .... 94-1 et seq. See: LAND DEVELOPMENT CODE 58-1 PROCEEDINGS. See: SUITS, ACTIONS AND OTHER PROCEEDINGS 110-3 78-26 et seq. 94-1 et seq. 66-61 et seq. 98-1 et seq. 102-36 et seq. 115-1 et seq. 90-26 et seq. 70-26 et seq. 78-26 et seq. 78-35 POLES AND WIRES Signs Land development code regulations.... 94-1 et seq. See: LAND DEVELOPMENT CODE POLICE DEPARTMENT Court costs for police education and train- ing................................ Fees schedule in general. See: FEES (Ap- pendix B) Police department Duties of chief of police and/or precinct supervisor ...................... 50-3 42-26 PROFESSIONS Local business tax ...................... 70-66 et seq. See: TAXATION PROPERTY Abandoned property generally ........... See: ABANDONED PROPERTY Code enforcement citations Enter upon property (inspection war- rant) ........................... Criminal nuisance abatement board..... . See: CODE ENFORCEMENT Eminent domain powers re economic devel- opment............................ Numbering of buildings and property.... . See: LAND DEVELOPMENT CODE Outdoor entertainment events Permit; closure or gating of public prop- erty and streets ................. Parks and recreation Injuring, interfering with, etc., build- ings and other property.......... Property maintenance code .............. Buildings and building regulations. See: LAND DEVELOPMENT CODE Registration and maintenance of proper- ties in foreclosure Additional authority of enforcement of- ficers; immunity ................ . Definitions ........................... Enforcement; penalties ............... Maintenance requirements............ Mortgagee inspection requirements .... Purpose and intent ................... Registration fees ..................... Registration requirements ............ Security requirements ................ Supplemental authority ............... Signs Land development code regulations .... See: LAND DEVELOPMENT CODE Sleeping and camping in public areas and beaches ........................... Vested rights ........................... See: VESTED RIGHTS PROPERTY MAINTENANCE STANDARDS Authority .............................. Building appearance and maintenance ... Supp. No. 23 CDi:36 34-180 et seq. 2-290 2-292 et seq. 2-70 82-366 et seq. 10-64 54-20 82-221 et seq. 82-123 82-117 82-124 82-121 82-120 82-116 82-119 82-118 82-122 82-125 94-1 et seq. 50-4 115-1 et seq. 34-92 34-98 19 It CODE INDEX Section PROPERTY MAINTENANCE STANDARDS (Cont'd.) Definitions ............................. 34-91 Duties and responsibilities for mainte- nance ............................. 34-97 Enforcement ............................ 34-95 Landscape appearance and maintenance . 34-99 Purpose ................................ 34-94 Registration and maintenance of proper- ties in foreclosure .................. 82-116 et seq. See: PROPERTY Scope .................................. 34-93 Sign appearance and maintenance....... 34-100 Standards established ................... 34-96 PURCHASES AND PURCHASING PROPERTY MANAGEMENT PUBLIC WORKS AND IMPROVEMENTS 2-225 Personal property control 2-218(7) Signs Definitions ........................... 2-207(a) 94-1 et seq. Property acquisition .................. 2-207(d) Street excavations ...................... Property supervision and control ...... 2-207(c) 2-222 Record and inventory of property ...... 2-207(b) Subdivisions Recording the disposal of property..... 2-207(fl 98-1 et seq. Surplus property disposition .......... 2-207(e) Weeds and vegetation ................... Valuation of property ................. 2-207(8) 2-218(1) PUBLIC NUDITY. See: NUDITY 2-219 Wetlands protection ..................... PUBLIC RECORDS. See: RECORDS AND See: LAND DEVELOPMENT CODE REPORTS 2-207(d) Property supervision and control ...... PUBLIC SERVICE TAX Recording disposal of property......... Q0" Generally .............................. 70-26 et seq. Procedure .............................. See: TAXATION Prohibition of interest PUBLIC SEWERS. See: SEWERS AND SEW- 2-226(a) Gifts and rebates ..................... AGE DISPOSAL Purpose ................................ 2-217 PUBLIC THOROUGHFARES. See: STREETS, 2-218(5) Sole source ............................. SIDEWALKS AND OTHER PUBLIC Subdivision, prohibition against.......... 2-223 WAYS 2-218(8) Utilities service PUBLIC VEHICLES Purchase of .......................... 70-33 Vehicles for hire ........................ 80-1 et seq. purchase of ..................... See: VEHICLES FOR HIRE PUBLIC WAYS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS PUBLIC WORKS AND IMPROVEMENTS Certain ordinances not affected by Code .. 1-10(a)(11) Concurrency management ............... 86-1 et seq. See: LAND DEVELOPMENT CODE Floodplain management ................. 90-26 et seq. See: LAND DEVELOPMENT CODE Franchise regulations in general. See: FRANCHISES (Appendix A) Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE Local planning agency ................... 58-56 et seq. See: PLANNING AND DEVELOPMENT Public service tax generally .............. 70-26 et seq. See: TAXATION PURCHASES AND PURCHASING Section PUBLIC WORKS AND IMPROVEMENTS 2-225 (Cont'd.) 2-218(7) Signs 2-218(3) Land development code regulations.... 94-1 et seq. See: LAND DEVELOPMENT CODE 2-224 Street excavations ...................... 66-61 et seq. See: STREETS, SIDEWALKS AND 2-222 OTHER PUBLIC WAYS 2-216 Subdivisions 2-221 Land development code regulations.... 98-1 et seq. See: LAND DEVELOPMENT CODE Weeds and vegetation ................... 34-121 et seq. See: WEEDS AND DEAD VEGETA- 2-218(1) TION 2-219 Wetlands protection ..................... 106-26 et seq. See: LAND DEVELOPMENT CODE PURCHASES AND PURCHASING Availability of funds ..................... 2-225 Award to other than low bidder .......... 2-218(7) Bid deposits ............................ 2-218(3) Bid opening ............................ 2-218(4) Blanket purchase orders ................ 2-224 City bidders list ........................ 2-218(2) Cooperative purchasing ................. 2-222 Definitions ............................. 2-216 Emergency purchase .................... 2-221 Franchise regulations in general. See: FRANCHISES (Appendix A) Ineligible contractors .................... 2-218(6) Notice .................................. 2-218(1) Open market purchase procedures ....... 2-219 Performance bond ....................... 2-218(9) Personal property control Property acquisition .................. 2-207(d) Property supervision and control ...... 2-207(c) Recording disposal of property......... 2-207(f) Surplus property disposition .......... 2-207(e) Procedure .............................. 2-218 Prohibition of interest Financial interest .................... 2-226(a) Gifts and rebates ..................... 2-226(b) Purpose ................................ 2-217 Rejection of bids ........................ 2-218(5) Sole source ............................. 2-220 Subdivision, prohibition against.......... 2-223 Tie bids ................................ 2-218(8) Utilities service Purchase of .......................... 70-33 Without collecting public service tax, purchase of ..................... 70-37 PYROTECHNICS. See: FIREWORKS R RADIOLOGICAL WASTE. See: SOLID WASTE RADIOS Noises, enumeration of prohibited........ 34-153(2) Supp. No. 23 CDi:37 RADIOS (Cont'd.) Vehicles for hire Receiving police radio calls prohibited; radios which may be used........ RAILROADS AND TRAINS Franchise regulations in general. See: FRANCHISES (Appendix A) RECORDS AND REPORTS City clerk Duties............................... Code enforcement Criminal nuisance abatement board Penalties; fines; liens; recording.... . Franchise regulations in general. See: FRANCHISES (Appendix A) Land development code Floods; floodplain management Administration Duties and powers of the Flood- plain Administrator Floodplain management records Zoning Nonconformities Nonconforming lots of record ..... Sewers Industrial or commercial wastewater monitoring reporting re discharges Sexually oriented businesses, adult enter- tainment establishments license Records, reports ...................... Worker records ....................... Solicitors, peddlers and itinerant mer- chants Permit record ........................ Report of violations ................... Subdivisions Land development code regulations .... See: LAND DEVELOPMENT CODE Vehicles for hire Maintenance of records ............... Report to accidents ................... RECREATION. See: PARKS AND RECRE- ATION CAPE CANAVERAL CODE Section Section RESIDENTIAL DISTRICTS (Cont'd.) Solid waste Fees schedule in general. See: FEES 80-81 (Appendix B) RESIDENTIAL PLANNED UNIT DEVELOP- MENTS Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE 2-116(1) REVENUES OF CITY. See: FINANCES REZONING 2-297 Certain ordinances not affected by Code .. 1-10(a)(9) RIGHTS Certain ordinances not affected by Code., 1-10(a)(4) Code does not affect prior rights estab- lished or occurring ................. 1-8 ROAD SIGNS Land development code regulations ...... 94-1 et seq. 90-47 ROBBERY ALARMS. See: ALARM SYSTEMS 110-196 RUBBISH. See: SOLID WASTE 78-100 S SALES Outdoor entertainment events 10-105 Permit; alcohol sales and consumption. 10-110 Utility service without collection of public service tax ........................ 16-53 SANITARY SEWER SYSTEM. See: SEWERS 16-31 AND SEWAGE DISPOSAL 98-1 et seq. 80-85 80-88 RECYCLABLE MATERIALS Residences ............................. 62-9(b) Solid waste generally ................... 62-1 et seq. See: SOLID WASTE REFUSE. See: SOLID WASTE REGULAR MEETINGS City council ............................ 2-56 RESIDENTIAL DISTRICTS Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE Signs .................................. 94-96 et seq. SCREENS AND SCREENING Land development code Zoning AIA Economic Opportunity Overlay District Landscaping; required screening for commercial parking facilities Property maintenance standards......... See: PROPERTY MAINTENANCE STANDARDS SEA TURTLES. See: ANIMALS AND FOWL SEAL OF CITY City clerk Duties............................... SEPTIC TANKS Flood resistant development; tanks...... . See: LAND DEVELOPMENT CODE Sanitary sewer requirements ............ SERGEANT AT ARMS City council ............................ Supp. No. 23 CDi:38 10-62 70-40 110-690 34-91 et seq. 2-116(1) 90-98 et seq. 78-34 2-63 R 31 D CODE INDEX Section SETBACKS Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE SEWERS AND SEWAGE DISPOSAL Building sewers and connections. See herein: Industrial and Commercial Use Commercial use. See herein: Industrial and Commercial Use Concurrency management ............... See: LAND DEVELOPMENT CODE Connection with sewer Late connection charge ............... Required ............................. Unlawful connection .................. Deposit required ........................ Disposal................................ Failure to maintain plumbing system .... Fees schedule in general. See: FEES (Ap- pendix B) Free service ............................ Impact fees Change of use ........................ Cost of living increase ................ Established .......................... Excessive quantity of wastewater..... . Full payment required prior to issuance of certificate or license ........... Generally ............................ See: IMPACT FEES Offsite sewage plumbing .............. Payment ............................. Port Canaveral customers ............. Use of funds ........................ . Industrial and commercial use Administrative enforcement procedures Administrative penalties .............. Applicability of provisions ............. Building sewers and connections Connecting sources of surface runoff or groundwater ............... Cost of installation; indemnification. Elevations ......................... Excavations ....................... Notice of inspection and connection . Old building sewers ................ Permit for connections Application ..................... Required ........................ Public sewers, connection to ........ Separate sewers for each building.. . Specifications ...................... Definitions ........................... Discharges Fees.............................. General prohibitions and limitations Industrial or commercial wastewater monitoring and reporting...... Supp. No. 23 86-1 et seq. 78-28 78-27 78-29 78-151 78-33 78-36 78-37 78-128 78-129 78-121 78-123 78-125 2-231 et seq. 78-131 78-122 78-130 78-127 78-59 78-60 78-54 78-84 78-78 78-82 78-83 78-79 78-80 78-77(b) 78-77(a) 78-85 78-76 78-81 78-51 SEWERS AND SEWAGE DISPOSAL (Cont'd. ) Permission to use sewer system; waste- water discharge permit....... . Prohibited wastes, control of........ Wastewater discharge permit ....... Emergency, termination of service in.. . Enforcement; authority; minimum stan- dards ........................... Inspectors Power and authority of ............. Judicial remedies ..................... Public sewers, use of required ......... Publication of significant violation ..... Purpose ............................. Rates and charges Surcharge for abnormal strength wastes ....................... Right of refusal ...................... Land development code re floods Floodplain management; flood resistant development Site improvements, utilities and lim- itations Sanitary sewage facilities ........ Land development code regulations re zon- ing................................ See: LAND DEVELOPMENT CODE Maintenance of plumbing system ........ Monthly sewer rates .................... Old plumbing, connecting ............... Payment of sewer charges required ...... Penalties ............................... Private water supply Sewer fees where owner has .......... Public service tax generally .............. See: TAXATION Rates and charges Monthly sewer rates .................. Payment of sewer charges required .... Sewer fees where owner has private water supply .................... Sanitary requirements .................. Separate connection for each separate build- ing... ............................. uild- ing................................ Septic tanks ............................ Sewer fees where owner has private water supply............................ Subdivisions Land development code regulations .... See: LAND DEVELOPMENT CODE Unlawful connection .................... Unlawful construction ................... Wastewater discharge permits ........... 78-99 SEXUALLY ORIENTED BUSINESSES, 78-96 ADULT ENTERTAINMENT ESTAB- LISHMENTS 78-100 Adult performance establishment ........ CD09 Section 78-98 78-97 78-98 78-58 78-53 78-56 78-61 78-55 78-62 78-52 78-111 78-57 90-83 110-26 et seq. 78-35 78-152 78-31 78-153 78-26 78-154 70-26 et seq. 78-152 78-153 78-154 78-32 78-38 78-34 78-154 98-1 et seq. 78-29 78-30 78-98 10-114 CAPE CANAVERAL CODE License Annual license fee .................... Application; fee ..................... . Consent ............................. Contents of application ............... Contents of license, term, renewals, ex- piration, lapse, nonconforming es- tablishments .................... Continuing duty; false, misleading infor- mation ......................... Investigation of applicant ............. Issuance or denial of license.......... . Operation without license ............. Reapplication after denial ............. Reasons for denial of application of li- cense........................... Records, reports ...................... Required ............................. Suspension, revocation of license ...... Transfer of license ................... . Local business tax receipts/home occupa- tions.............................. Location, distance requirements ......... Minors; unlawful provisions ............. Name change (establishment).......... . Notice.................................. Obscenity; indecent exposure unlawful .. . Offices, departments (other); responsibili- ties............................... Operation contrary to operational require- ments............................. Penalties; remedies; relief ............... Purpose, findings, intent; incorporation of whereas clauses ................... Records; unlawful provisions ............. 10-103 10-95 10-98 10-96 10-104 10-97 10-99 10-100 10-119 10-102 Section SEXUALLY ORIENTED BUSINESSES, Fees schedule in general. See: FEES (Ap- ADULT ENTERTAINMENT ESTAB- pendix B) LISHMENTS (Cont'd.) Land development code regulations re zon- Alcoholic beverages establishments 10-121 Nudity on premises where alcohol served, See: LAND DEVELOPMENT CODE consumed or stored.... ......... 6-27 Commercial bodily contact establishments 10-115 Prohibited; savings provision.......... 10-127 Commercial bodily contact; unlawful provi- 10-109 sions .............................. 10-126 Construction ........................... 10-88 Definitions ............................. 10-90 Engaging in prohibited activity Customers ........................... 10-117 Workers; operators ................... 10-118 Escort service .......................... 10-116 Escorts, escort services .................. 10-125 Fees schedule in general. See: FEES (Ap- pendix B) General requirements ................... 10-111 Hours of operation; unlawful provisions .. 10-124 Immunity from prosecution .............. 10-130 Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE License Annual license fee .................... Application; fee ..................... . Consent ............................. Contents of application ............... Contents of license, term, renewals, ex- piration, lapse, nonconforming es- tablishments .................... Continuing duty; false, misleading infor- mation ......................... Investigation of applicant ............. Issuance or denial of license.......... . Operation without license ............. Reapplication after denial ............. Reasons for denial of application of li- cense........................... Records, reports ...................... Required ............................. Suspension, revocation of license ...... Transfer of license ................... . Local business tax receipts/home occupa- tions.............................. Location, distance requirements ......... Minors; unlawful provisions ............. Name change (establishment).......... . Notice.................................. Obscenity; indecent exposure unlawful .. . Offices, departments (other); responsibili- ties............................... Operation contrary to operational require- ments............................. Penalties; remedies; relief ............... Purpose, findings, intent; incorporation of whereas clauses ................... Records; unlawful provisions ............. 10-103 10-95 10-98 10-96 10-104 10-97 10-99 10-100 10-119 10-102 SIGNS AND BILLBOARDS Section SEXUALLY ORIENTED BUSINESSES, Fees schedule in general. See: FEES (Ap- ADULT ENTERTAINMENT ESTAB- pendix B) LISHMENTS (Cont'd.) Land development code regulations re zon- Restrooms, dressing rooms, use of........ 10-121 Sexual encounter businesses prohibited; See: LAND DEVELOPMENT CODE prohibited acts ..................... 10-129 Sexually oriented businesses ............. 10-112 Short title .............................. 10-86 Suspension, revocation proceedings ...... 10-109 Theater (adult) ......................... 10-113 Worker records ......................... 10-110 SHOPPING CENTERS Signs Land development code regulations .... 94-1 et seq. See: LAND DEVELOPMENT CODE SHOUTING Noises, enumeration of prohibited........ 34-153(4) SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS SIGNS AND BILLBOARDS SITE PLANS Fees schedule in general. See: FEES (Ap- Fees schedule in general. See: FEES (Ap- pendix B) pendix B) Handbills Land development code regulations re zon- Litter regulations .................... 34-51 et seq. See: LITTER See: LAND DEVELOPMENT CODE Nonconforming signs .................... 94-121 et seq. See: LAND DEVELOPMENT CODE SLEEPING Property maintenance standards Parks and recreation Sign appearance and maintenance..... 34-100 Specific regulations pertaining signs ..... 94-1 et seq. See: SIGNS AND BILLBOARDS beaches ........................... 50-4 Tree protection area signage. See: TREE PROTECTION (Appendix A) Truck routes, signs for .................. 74-32 SINGING Noises, enumeration of prohibited........ 34-153(4) 10-101 SITE PLANS 10-105 Fees schedule in general. See: FEES (Ap- 10-93 pendix B) 10-108 Land development code regulations re zon- 10-106 ing................................ 110-26 et seq. Prohibited .............................. See: LAND DEVELOPMENT CODE 10-128 Purpose; intent ......................... 110-352(7) SLEEPING 10-122 Parks and recreation 10-107 Sleeping and camping ................ 54-17 10-91 Sleeping and camping in public areas and 10-89 beaches ........................... 50-4 Supp. No. 23 MAO D it It SLOT MACHINES OR DEVICES 10-94 Definitions ............................. 10-201 Exemption ............................. 10-203 10-120 Prohibited .............................. 10-202 10-92 Purpose; intent ......................... 10-200 10-87 SOLICITORS. See: PEDDLERS, CANVASS - 10 -123 ERS AND SOLICITORS Supp. No. 23 MAO D it It CODE INDEX Section Section SOLID WASTE STORAGE City Abandoned vehicles on private property .. 34-181 Authority to collect ................... 62-3 Fireworks 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 See: LAND DEVELOPMENT CODE Storage of materials .................. 38-87 Containers Temporary storage units ................. 82-400 Required ............................. 62-8 Definitions ............................. 62-1 STORMWATER DRAINAGE Fees schedule in general. See: FEES (Ap- Certain ordinances not affected by Code.. 1-10(a)(17) pendix B) Construction site stormwater runoff con- Ownership by city ...................... 62-4 trol............................... 90-200 et seq. Proper disposal prerequisite to collection . 62-10 See: CONSTRUCTION Public nuisances prohibited Illicit discharge and connection Dead plants, refuse, debris Applicability ......................... 78-403 Yards, etc., to be kept free of........ t kept 34-122 Authorized enforcement agency........ 78-401 Regulations file .. .............. 62-12 Definitions...... 78-402 Residential solid waste pickup conditions t i o n ................. Location of solid waste containers ..... 62-9(f) Discharge prohibitions................ 78-406 Pickup62-9(e) Enforcement ......................... 78-413 Recyclable material................... 62-9(b) Industrial or construction activity dis- Se aration of solid waste 62-9(a) charges ......................... 78-408 Solid waste .......................... 62-9(d) Monitoring of discharges.............. 78-409 Yard waste ........................... 62-9(c) Notification of spills .................. 78-412 Sanitary sewer system .................. 78-26 et seq. Requirements to prevent, control, and See: SEWERS AND SEWAGE DIS- reduce stormwater pollutants by POSAL the use of BMPs................. 78-410 Schedule of fees ........................ 62-5 Responsibility for administration ...... 78-404 Q-e Transporting ........................... 62-7 Short title: purpose and objectives ..... 78-400 Tree protection, land clearing............ 102-36 et seq. Suspension of MS4 access ............. 78-407 See: LAND DEVELOPMENT CODE Ultimate responsibility 78-405 Unlawful acts Watercourse protection 78-411 Burning or burying of solid waste ..... 62-11(c) Stormwater drainage utility Container of another ................. 62-11(b) Creation............................. 78-275 Hazardous waste..................... 62-11(f) Definitions, construction .............. 78-277 Obstruction .......................... 62-11(a) Determination of ERUs ............... 78-301 Unlawful accumulations .............. 62-11(d) Fee,stormwater...................... 78-300 Unlawful disposal .................... 62-11(e) Findings, determinations, powers...... 78-276 SOUND AMPLIFIERS Operating budget ..................... 78-278 Noises, enumeration of prohibited........ 34-153(3) Program responsibility................ 78-325 Stormwater management utility enter- STATE prise fund ...................... 78-326 Abandoned property Subdivisions Notification of owner; following removal Land development code regulations .... 98-1 et seq. by city See: LAND DEVELOPMENT CODE Documentation filed with state ..... 34-185(e) Definitions and rules of construction ..... 1-2 STORMWATER MANAGEMENT Election code adopted ................... 26-1 Fees schedule in general. See: FEES (Ap- Law pendix B) City attorney Sanitary sewer system .................. 78-26 et seq. Duties ............................ 2-126(3) See: SEWERS AND SEWAGE DIS- Misdemeanor acts adopted, penalty ...... 50-1 POSAL Parking, state law adopted .............. 74-56 Street excavations ...................... 66-61 et seq. Vehicles for hire See: STREETS, SIDEWALKS AND Application of provisions to vehicle, op- OTHER PUBLIC WAYS erator regulator by state govern- Wetlands protection..................... 106-26 et seq. ment ........................... 80-2 See: LAND DEVELOPMENT CODE Supp. No. 23 MAI CAPE CANAVERAL CODE Section Section STREETS, SIDEWALKS AND OTHER PUB- STREETS, SIDEWALKS AND OTHER PUB- LIC WAYS LIC WAYS (Cont'd.) Alcoholic beverages Public service tax generally.............. 70-26 et seq. Possession and consumption .......... 6-51 See: TAXATION Beach end streets Right-of-way Camping prohibited .................. 50-4 Use agreements...................... 66-1 Certain ordinances not affected by Code .. 1-10(a)(5) Camping prohibited .................. 50-4 Concurrency management system........ 86-1 et seq. Signs See: MOTOR VEHICLES AND TRAF- Land development code regulations.... 94-1 et seq. FIC See: LAND DEVELOPMENT CODE Excavations Solicitors, peddlers and itinerant mer- City chants ............................ 16-26 et seq. Authority of city ................... 66-64 See: PEDDLERS, CANVASSERS AND Right to restore surface ............ 66-69 SOLICITORS Cleanup ............................. 66-68 Solid waste generally ................... 62-1 et seq. Emergencies ......................... 66-70 See: SOLID WASTE Engineering details................... 66-66 Transporting regulations.............. 62-7 Guarantee ........................... 66-67 Streetlights Inspections .......................... 66-63 Sea turtle regulations ................ 14-57 Liability of city....................... 66-62 Streets Method of installation ................ 66-65 Abandonment Penalty .............................. 66-61 Authority ......................... 66-36 Permit Ordinance required ................ 66-39 Application ........................ 66-82 Petition Deposits .......................... 66-84 For action ...................... 66-37 Fee ............................... 66-83 Procedure....................... 66-38 Inspections ........................ 66-85 Civil liability for damage.............. 66-26 Required .......................... 66-81 Speed bumps......................... 66-27 Fire lanes, designation of................ 74-62 Subdivisions Franchise agreements ................... 66-1 Land development code regulations .... 98-1 et seq. Franchise regulations in general. See: See: LAND DEVELOPMENT CODE FRANCHISES (Appendix A) Traffic Grades Certain ordinances not affected by Code 1-10(a)(8) Certain ordinances not affected by Code 1-10(a)(10) Travel on other than streets or highways 74-1 Handbills Tree protection, land clearing ............ 102-36 et seq. Throwing or distributing in public places 34-51 See: LAND DEVELOPMENT CODE Impact fees generally ................... 2-231 et seq. Trucks generally........................ 74-26 et seq. See: IMPACT FEES See: MOTOR VEHICLES AND TRAF- Land development code regulations re zon- FIC ing................................ 110-26 et seq. Weeds and vegetation ................... 34-121 et seq. See: LAND DEVELOPMENT CODE See: WEEDS AND DEAD VEGETA- Lighting ............................... 34-206 et seq. TION See: LIGHTING Wetlands protection..................... 106-26 et seq. Litter.................................. 34-26 et seq. See: LAND DEVELOPMENT CODE See: LITTER Yelling, shouting, hooting, whistling, sing- Local planning agency................... 58-56 et seq. ing See: PLANNING AND DEVELOPMENT Noise SUBDIVISIONS Enumeration of prohibited ............ 34-153(4) Dedicating or accepting Open containers Certain ordinances not affected by Code 1-10(a)(12) Prohibited in motor vehicles........... 6-68 Fees schedule in general. See: FEES (Ap- Outdoor entertainment events pendix B) Permit; closure or gating of public prop- Floodplain management................. 90-26 et seq. erty and streets ................. 10-64 See: LAND DEVELOPMENT CODE Parks and recreation areas .............. 54-1 et seq. Impact fees generally ................... 2-231 et seq. See: PARKS AND RECREATION See: IMPACT FEES Property maintenance standards......... 34-91 et seq. Land development code See: PROPERTY MAINTENANCE Regulations re subdivisions ........... 98-1 et seq. STANDARDS See: LAND DEVELOPMENT CODE Supp. No. 23 CDi:42 CODE INDEX Section Section SUBDIVISIONS (Cont'd.) TAXATION (Cont'd.) Regulations re zoning................. 110-26 et seq. Definitions........................... 70-66 See: LAND DEVELOPMENT CODE Delinquencies ........................ 70-76 Public service tax generally.............. 70-26 et seq. Duplicate, issuance of ................ 70-80 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 See: SEWERS AND SEWAGE DIS- False statement in receipt application . 70-73 POSAL Form, signing of receipts; report of infor- 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 See: LAND DEVELOPMENT CODE otherwise designated ............ 70-88 SUITS, ACTIONS AND OTHER PROCEED- Multiple receipt ...................... 70-78 INGS Penalty for failure to obtain or renew Codes does not affect prior acts committed receipt .......................... 70-75 or done ............................ 1-8 Preservation, display of receipt........ 70-79 Effect of repeal of ordinances on suits or Rate schedule ........................ 70-89 proceedings pending ............... 1-9(b) Receipt required; payment of tax prereq- uisite to issuance................ 70-69 SURFACE DRAINAGE Receipt year; tax payment date; term of Subdivisions receipt; proration of tax.......... 70-74 Land development code regulations.... 98-1 et seq. Records of issued receipts............. 70-86 See: LAND DEVELOPMENT CODE Records of licensees 70-87 SURVEYS, MAPS AND PLATS Records of receipts ................... 70-87 Amendment to zoning map Certain ordinances not affected by Code 1-10(a)(9) Refunds ............................. Separate receipt required for each place 70-82 Dedicating or accepting of business ...................... 70-77 Certain ordinances not affected by Code 1-10(a)(12) Transfer of receipt.................... 70-81 Franchise regulations in general. See: Violations and penalties .............. 70-68 FRANCHISES (Appendix A) Local improvements Planning and development Certain ordinances not affected by Code 1-10(aX11) Notice requirement for amendments to Outdoor entertainment events future land use map............. 58-1 Local business tax receipt required .... 10-49 Subdivisions Public service tax Land development code regulations .... 98-1 et seq. Applicability ......................... 70-28 See: LAND DEVELOPMENT CODE Appropriation of revenue.............. 70-44 Truck routes, map of.................... 74-31 Authority; findings ................... 70-27 Collection ............................ 70-35 SWEAR OR SWORN. See: OATH, AFFIRMA- Computation ......................... 70-32 TION, SWEAR OR SWORN Continuance of tax and appropriation.. 70-45 SWIMMING POOLS Definitions ........................... 70-26 Land development code regulations re zon- Discontinuance of utilities service ..... 70-39 ing................................ 110-26 et seq. Exemptions.......................... 70-30 See: LAND DEVELOPMENT CODE Failure to pay tax Collected .......................... 70-38 T Generally ......................... 70-42 Levied ............................... 70-29 TAXATION Monthly computation ................. 70-34 Certain ordinances not affected by Code.. 1-10(a)(7) Payment ............................. 70-31 Fees schedule in general. See: FEES (Ap- Payment of utilities service without pay- pendix B) ment of tax ..................... 70-41 Franchise regulations in general. See: Penalty .............................. 70-43 FRANCHISES (Appendix A) Purchase of utilities service Local business tax Generally ......................... 70-33 Contractors and subcontractors Without collecting tax .............. 70-37 Qe Special requirements for ........... 70-85 Records .............................. 70-36 Supp. No. 23 CDiA3 CAPE CANAVERAL CODE TECHNICAL CODES Section TAXATION (Cont'd.) Sale of utilities service without collec- 30-37 tion of tax ...................... 70-40 Sexually oriented businesses, adult enter- 82-88 et seq. tainment establishments 82-221 et seq. Local business tax receipts/home occu- 82-56 et seq. pations ......................... 10-128 Vehicles for hire Licenses and fees to be in addition to 38-26, 38-27 other taxes and charges.......... 80-3 TAXICABS. See: VEHICLES FOR HIRE 34-91 et seq. TECHNICAL CODES Section Building codes. See also: LAND DEVEL- OPMENT CODE 30-37 Building code ........................ 82-31 et seq. Coastal construction code ............. 82-88 et seq. Property maintenance code............ 82-221 et seq. Unsafe building abatement code. . ..... 82-56 et seq. Fire prevention code .................... 38-26 et seq. See: FIRE PREVENTION Florida Fire Prevention Code............ 38-26, 38-27 Life Safety Code ........................ 38-28, 38-29 TELEGRAPH SERVICES 34-91 et seq. Public service tax generally .............. 70-26 et seq. See: TAXATION TELEPHONES Section Automatic telephone direct dialing device; digital alarm communicator system . 30-37 TELEVISIONS 70-66 et seq. Noises, enumeration of prohibited........ 34-153(2) TENSE Definitions and rules of construction ..... 1-2 TIME Computation of time Definitions and rules of construction ... 1-2 TOPOGRAPHY 78-400 et seq. Property maintenance standards......... 34-91 et seq. See: PROPERTY MAINTENANCE 2-231 et seq. STANDARDS Subdivisions 2-231 et seq. Land development code regulations.... 98-1 et seq. See: LAND DEVELOPMENT CODE TORNADOS 102-36 et seq. Civil emergencies generally .............. 18-1 et seq. See: CIVIL EMERGENCIES 34-121 et seq. TOWING Abandoned property Liability of owner for towing, storage expenses ........................ 34-188 TOWNHOUSES 74-60 Land development code regulations re zon- 74-26 et seq. ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE U Section TOXIC WASTE. See: SOLID WASTE TRADES 82-56 et seq. Local business tax ...................... 70-66 et seq. See: TAXATION TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC 90-26 et seq. TRASH. See: SOLID WASTE TRAVEL EXPENSES. See: OFFICERS AND EMPLOYEES TREASURER. See: CITY TREASURER 78-400 et seq. TREES AND SHRUBBERY Fees schedule in general. See: FEES (Ap- 2-231 et seq. pendix B) Impact fees generally ................... 2-231 et seq. See: IMPACT FEES 110-26 et seq. Tree protection Land clearing ........................ 102-36 et seq. See: LAND DEVELOPMENT CODE Weeds and vegetation ................... 34-121 et seq. See: WEEDS AND DEAD VEGETA- TION TRUCKS Load regulations re litter ................ 34-34 Parking ................................ 74-60 Traffic regulations ...................... 74-26 et seq. See: MOTOR VEHICLES AND TRAF- FIC TURTLES Sea turtles ............................. 14-51 et seq. See: ANIMALS AND FOWL U UNSAFE BUILDINGS Unsafe building abatement code ......... 82-56 et seq. Buildings and building regulations. See: LAND DEVELOPMENT CODE UTILITIES Floodplain management ................. 90-26 et seq. See: LAND DEVELOPMENT CODE Franchise regulations in general. See: FRANCHISES (Appendix A) Illicit discharge and connection .......... 78-400 et seq. See: STORMWATER DRAINAGE Impact fees generally ................... 2-231 et seq. See: IMPACT FEES Land development code regulations re zon- ing ................................ 110-26 et seq. See: LAND DEVELOPMENT CODE Public service tax generally .............. 70-26 et seq. See: TAXATION Reclaimed water ........................ 78-176 et seq. See: WATER SUPPLY AND DISTRIBU- TION Supp. No. 23 CDi:44 CODE INDEX Section Section UTILITIES (Cont'd.) VEHICLES FOR HIRE (Cont'dJ Sanitary sewer system .................. 78-26 et seq. Number of passengers carried ........... 80-79 See: SEWERS AND SEWAGE DIS- Police radio calls, receiving prohibited; ra- POSAL dios which may be used ............ 80-81 Service rate, deposits and billing proce- Rates and charges dures Charging rates in excess of established Deposit required ..................... 78-151 rates ........................... 80-78 Monthly sewer rates .................. 78-152 Schedule of.......................... 80-77 Payment of sewer charges required .... 78-153 Report of accidents ...................... 80-88 Sewer fees where owner has private Required equipment; standards water supply .................... 78-154 Compliance.......................... 80-76(a) Stormwater drainage utility ............. 78-275 et seq. General mechanical condition; cleanli- Street excavations ...................... 66-61 et seq. ness;lighting ................... 80-76(c) See: STREETS, SIDEWALKS AND Letters, numbers required ............ 80-76(e) OTHER PUBLIC WAYS Mechanical inspection ................ 80-76(d) Wetlands protection ..................... 106-26 et seq. Substitution of equipment............. 80-76(g) See: LAND DEVELOPMENT CODE Taximeters ........................... 80-76(f) Vehicle type, capacity ................. 80-76(b) V Schedule rates and charges .............. 80-77 Stands, depots, terminals and parking.... 80-82 VEGETATION. See: WEEDS AND DEAD VEGETATION VESSELS. See: BOATS, DOCKS AND WA - TERWAYS VEHICLES FOR HIRE Accidents VESTED RIGHTS Report of ............................ 80-88 Application for vested rights determina- Alcoholic beverages ..................... 80-87 tion............................... 115-7 Certificate of public convenience and neces- Definitions ............................. 115-2 sity license Exhaustion of administrative remedies re - Application .......................... 80-27 quired ............................ 115-4 Approval ............................. 80-28 Issuance vested rights permit............ 115-12 Burden of proof ...................... 80-29 Judicial review ......................... 115-13 Required ............................. 80-26 Permit expiration; substantial deviations, Suspension and revocation............ 80-31 etc ................................ 115-6 Transfer ............................. 80-32 Public hearing.......................... 115-11 Compliance with provisions .............. 80-4 Purpose and intent ..................... 115-1 Cruising, soliciting business prohibited.. . 80-83 Review and recommendation by city attor- Definitions ............................. 80-1 ney ............................... 115-8 Driver's attendance to vehicles........... 80-84 Standards for determining vested rights.. 115-5 Driver's permit Supplemental evidence .................. 115-9 Application .......................... 80-53 Vested rights agreements................ 115-10 Fees.. . .............................. 80-55 Vested rights permits, effect............. 115-3 Fees schedule in general. See: FEES (Appendix B) W Investigation; issuance, denial; posting. 80-54 Penalty .............................. 80-52 WASTEWATER Required. . ........................... 80-51 Sewer impact fees Surrender; revocation; suspension ..... 80-57 Excessive quantity of ................. 78-123 Transferability; term of validity ....... 80-56 Federal or state government WATER SUPPLY AND DISTRIBUTION Application to vehicles, operators regu- Concurrency management ............... 86-1 et seq. lated by ........................ 80-2 See: LAND DEVELOPMENT CODE Fees schedule in general. See: FEES (Ap- Floodplain management ................. 90-26 et seq. pendix B) See: LAND DEVELOPMENT CODE Insurance .............................. 80-5 Impact fees generally ................... 2-231 et seq. Licenses and fees to be in addition to other See: IMPACT FEES taxes and charges .................. 80-3 Public service tax generally.............. 70-26 et seq. Lost money or property .................. 80-86 See: TAXATION Maintenance of records .................. 80-85 Reclaimed water Nonpaying passengers with paying passen- Connection to the system ............. 78-177 gers, transporting of ............... 80-80 Definitions........................... 78-176 Supp. No. 23 CDi:45 WRITS, WARRANTS AND OTHER PRO- CESSES Code enforcement citations Enter upon property (inspection war- rant) ........................... 2-290 Franchise regulations in general. See: FRANCHISES (Appendix A) Supp. No, 23 CDi:46 CAPE CANAVERAL CODE Section Section WATER SUPPLY AND DISTRIBUTION Y (Cont'd.) YARD WASTE. See: SOLID WASTE Installation and inspection of the re- claimed water system YARDS AND OPEN SPACES Adoption of Chapter 62-610, F.A.0 .. 78-200 Subdivisions Areas embraced ................... 78-197 Land development code regulations.... 98-1 et seq. Code enforcement board authority and See: LAND DEVELOPMENT CODE violation liability ............. 78-195 Weeds and vegetation ................... 34-121 et seq. Cross -connection control............ 78-198 See: WEEDS AND DEAD VEGETA- Discontinuance of service........... 78-193 TION Inspections ........................ 78-192 YELLING Policies and regulations adopted; com- Noises, enumeration of prohibited........ 34-153(4) pliance required ............. . 78-191 Public employees liability........... 78-196 Unauthorized use .................. 78-199 Z Unlawful connections or practices ... 78-194 ZONING Reclaimed water uses ................. 78-178 Amendments to map Right to refuse service ................ 78-181 Certain ordinances not affected by Code 1-10(a)(9) Usage rates .......................... 78-180 Fees schedule in general. See: FEES (Ap- Sanitary sewer system .................. 78-26 et seq. pendix B) See: SEWERS AND SEWAGE DIS- Floodplain management.. . .............. 90-26 et seq. POSAL See: LAND DEVELOPMENT CODE Subdivisions Land development code ................. 110-1 et seq. Land development code regulations.... 98-1 et seq. See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE Local planning agency ................... 58-56 et seq. See: PLANNING AND DEVELOPMENT WATERWAYS, WATERCOURSES. See: Signs BOATS, DOCKS AND WATERWAYS Land development code regulations.... 94-1 et seq. WEEDS AND DEAD VEGETATION See: LAND DEVELOPMENT CODE Street 66-61 et seq. Fees schedule in general. See: FEES (Ap- excavations ...................... See: STREETS, SIDEWALKS AND pendix B) OTHER PUBLIC WAYS Fertilizer land application Subdivisions Management of grass clippings and veg- Land development code regulations.... 98-1 et seq. etative matter ................... 92-10 See: LAND DEVELOPMENT CODE Intent .................................. 34-121 Plats and lot splits Notice to remedy nuisance ............... 34-123 Division of land; review and approval Public nuisance prohibited ............... 34-122 required; zoning q ................ 98-31 Records ................ ................ 34-127 Weeds and vegetation .................,. 34-121 et seq. Remedies by city ........................ 34-126 See: WEEDS AND DEAD VEGETA- Tree protection, land clearing ............ 102-36 et seq. TION See: LAND DEVELOPMENT CODE Wetlands protection ..................... 106-26 et seq. See: LAND DEVELOPMENT CODE WETLANDS PROTECTION Specific regulations ..................... 106-26 et seq. See: LAND DEVELOPMENT CODE WHISKEY. See: ALCOHOLIC BEVERAGES WHISTLING Noises, enumeration of prohibited........ 34-153(4) WINE. See: ALCOHOLIC BEVERAGES WRITS, WARRANTS AND OTHER PRO- CESSES Code enforcement citations Enter upon property (inspection war- rant) ........................... 2-290 Franchise regulations in general. See: FRANCHISES (Appendix A) Supp. No, 23 CDi:46