HomeMy WebLinkAboutP&Z Agenda Pkt. 3-28-2012NEW BUSINESS:
City of Cape Canaveral
Planning & Development Department
201 POLK AVENUE
MARCH 28, 20122
Approval of Meeting Minutes: February 8, 2012.
2. R800UlDleOdBtk]O to Board of Adjustment Re: Special EXC8Dfi3O ReK]UB8t No. 12-01 to Allow 8
Retail Store to USB Outside [}iSDl@V /\Pe8G in the C-1 Zoning District - /6811 N. Atlantic /\V8OUe,
Unit C\ -/\1/\ Beach Rentals LLC' Applicant.
3. Recommendation to City [oUOOi( Re: P[ODOSed [}RjiO8DC8 NO. 06-2012 relating to ReSO[f
Condominiums and Resort Dwellings aka Vacation Rentals.
4. ReCO000eOd8fiUO to {|Uv Council Re
Adopting AlA Economic Opportunity Overlay District
Continued Discussion Re: Donation Bins.
OPEN DISCUSSION:
Pursuant to Section 2801015. F.S, the City hereby advises the public that: If person decides to appeal any decision
made by the Planning and Zoning Board with respect to any matter rendered at this meetinA, that person will need a
record of the proceedings' and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does itauthorize challenges or appeals not otherwise allowed by law. This meeting may include
the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement
and/or Community Appearance Board who mayor may not participate in Board discussions held at this public meeting.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's
office at868-1221'48hours inadvance ofthe meeting.
7510 Atlantic Avenue ~P.{}.Box S20~Cape Canaveral, FI. 32920-0326
Tc] (32l)X6Q-l222~Fax (32l)8h8'l247
MEMORANDUM
Date: March 23, 2012
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: March 28, 2012 P&Z Board Meeting
The agenda for this meeting includes a Request for a Special Exception for outdoor
display for a beach equipment rental store, a recommendation to City Council for Ord.
No. 06-2012 which repeals the Resort Condominium and Resort Dwelling regulations,
review of the proposed A1A Economic Opportunity Overlay District Guidelines, and
continued discussion of the donation bins and their regulation.
A1A Beach Rentals has applied for a Special Exception for outdoor display of canoes,
kayaks, bicycles and other rental equipment. See my Staff Report for background and
Staff recommendation.
The City Council has approved adoption of Ord. No. 06-2012 that repeals the Resort
Condominium and Resort Dwelling regulations. The Ordinance went to Council for first
reading prior to be heard by the Planning and Zoning Board because of the need to
expedite adoption as a result of pending litigation. See attached agenda cover for
explanation.
In an effort to enhance job creation and development opportunities while providing for
uses desired by the citizens, Staff has drafted a proposed Zoning Overlay District for the
North A1A Corridor. The Overlay Guidelines will provide for architectural design
standards, increased building heights, revised hotel requirements and allow for
additional uses. Please review the draft guidelines and be prepared to share your
thoughts with staff and consultants.
We will also continue our discussion of donation bins and their regulation.
Call me at 321 868-1206 with questions or comments.
PLANNING & ZONING BOARD
MEETING MINUTES
FEBRUARY 8, 2012
A Regular Meeting of the Planning & Zoning Board was held on Wednesday, February 8, 2012,
at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell,
Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Harry Pearson
Donald Dunn
John Fredrickson
MEMBERS ABSENT
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
Secretary
Assistant City Attorney
Planning & Development Director
Approval of Meeting Minutes: January 11, 2012.
Harry Pearson requested that his report regarding the Brevard County Transportation Planning
Organization plans to restore passenger service on the East Coast Railroad, be corrected to
read that $118 million has been allocated toward construction of this project, scheduled to begin
on July 13, 2013.
Motion by John Fredrickson, seconded by Harry Pearson to approve the meeting minutes of
January 11, 2012, as corrected. Vote on the motion carried unanimously.
2. Recommendation Re: Proposed Ordinance Regardinq Establishments that Serve
Alcohol.
Barry Brown reviewed changes made by Staff based on the Board's discussion at the last
meeting. Chairperson Russell commented that this ordinance is a step forward towards allowing
restaurants to develop and cluster together as requested by the citizens during the Visioning.
Motion by Harry Pearson, seconded by John Fredrickson to recommend that City Council
approve the proposed ordinance. Vote on the motion carried unanimously.
3. Discussion Re: Donation Bins.
Barry Brown advised that the City is beginning to see an increase in the number on donation
bins and it may be the time to develop regulations for permitting, placement, number, and
nature. Staffs research of other local cities revealed that Cocoa is the only City that regulates
donation bins. The Board members reviewed and discussed that ordinance. Citizens in the
audience agreed that donation bins should not be allowed on A1A. The Board requested that
Staff extend their research outside the local area and report back to the Board with its findings.
Planning & Zoning Board
Meeting Minutes
February 8, 2012
Page 2 of 2
4. Election of Chairperson and Vice Chairperson.
Harry Pearson nominated Lamar Russell for Chairperson. Donald Dunn seconded the
nomination. Lamar Russell accepted the nomination. There being no further nominations,
nominations were closed. Donald Dunn nominated Ron Friedman for Vice Chairperson. Kate
Latorre advised that Mr. Friedman was not eligible, because he was an alternate. Lamar
Russell nominated Harry Pearson for Vice Chairperson. Donald Dunn seconded the
nomination. There being no further nominations, nominations were closed. Voice vote on the
nominations carried unanimously
OPEN DISCUSSION
Barry Brown advised that Country Inn had an approved site plan that included the additional
parking area; and noted that the property was still viable for a future restaurant.
Barry Brown invited the Board to attend a meeting of property owners within the proposed A1A
Overlay District tomorrow evening, and the Open House on February 21st.
Barry Brown informed the Board of items that will be placed on the next meeting agenda.
There were no comments from the audience.
OPEN DISCUSSION:
Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 8:20 p.m.
Approved on this day of , 2012.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
Seecjed Exce_oh n kegue5t la-ol
City of Cape Canaveral, Florida
Planning and Zoning Board
March 28, 2012
STAFF REPORT
Request: For a Special Exception to allow for the outdoor display of beach rental
equipment at 6811 No. Atlantic Av. per Section 110-334(c)(8).
Applicant: Daniel Pattillo
Owner of property: Virginia Eberwein
Subject property: 6811 No. Atlantic Avenue; building also houses the Bald Strawberry
and Flip Flop Pool and Spa Supplies.
Future Land Use and Zoning designation: C-1, Commercial
Surrounding zoning:
North — C-1, Commercial
East — Brevard County Commercial Zoning
South — C-1, Commercial
West — C-2, Commercial
Surrounding uses:
North and West — Cocoa Palms Mobile Home Park
East — Yogi's Food and Liquor Store
South — Dollar and Thrifty Car Rental
Summary
The applicant has leased space at 6811 Atlantic (SR A1A) and is conducting a beach
equipment rental business. The applicant is requesting a Special Exception for outdoor
display. The ability to display "out of doors" the equipment available for rental is a vital
part of marketing a business of this nature. Outdoor display for retail stores in C-1
Commercial Zoning District is allowed pursuant to a Special Exception.
Section 110-334(c)(8):
Retail stores using outside display areas, provided the following are met:
a. The area of outside display shall not exceed in size one-third of the enclosed
area of the principal structure.
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.
The tenant space of 1338 square feet times 1/3 = 441 sf of outdoor display area. The
location of the outdoor display area is depicted on the attached site plan. All rental
equipment/display is to be brought inside the building after operating hours with the
exception of the licensed canoe/kayak trailer.
Special Exception Worksheet and Staff Analysis
All special exception recommendations and final decisions shall be based on the following
criteria to the extent applicable:
Land Use and Zoninq
Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, C-1 Commercial land use classification allows for rental stores.
Is the requested SE consistent with the intent of the zoning district in which it is sought?
Yes, a rental store is a principal use in C-9 Commercial zoning and outdoor display is allowed
pursuant to a Special Exception.
Will the SE meet all the requirements of the zoning district in which the request is to be
located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-
street parking, signs, storage, landscaping, etc.? Yes.
Impact to surrounding properties
Is the proposed special exception compatible and harmonious with properties and uses
in the surrounding area? Explain why. Yes. This is a retail area and the use with outdoor
display is compatible with the surrounding area.
Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes.
Will the traffic generated, volume and type, adversely impact land use activities in the
immediate vicinity? No.
Will the proposed special exception create any adverse impacts to other properties in the
surrounding area? Address the creation of noise, light, vibration, odor, stormwater
runoff, or other offsite impacts that would not have been created had the property been
developed as a principle use? No.
Will there be adequate screening, buffers, landscaping, open space, off-street parking,
other similar site improvements to mitigate any adverse impacts of the SE? There are no
adverse impacts.
Will the size and shape of the site, the proposed access, internal circulation, and design
enhancements be adequate to accommodate the proposed scale and intensity of the SE
requested? Yes.
Are signs and exterior lighting designed and located so as to promote traffic safety and
to minimize any undue glare or incompatibility with adjoining properties? Yes.
What are the hours of operation and how will they impact surrounding properties? No
additional impact.
2
Traffic and Parking
Is there adequate off-street parking? Yes.
Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow, and emergency access?
Yes.
What type and how much traffic will the SE generate? Patrons of the rental store
Are there adequate loading and unloading areas? Yes.
Public Services
Are adequate utilities available? Location and capacity. Yes.
Will the proposed special exception create any unusual demand for police, fire, or
emergency services? No.
Will the proposed Special Exception have an adverse impact on public services,
including water, sewer, surface water management, parks and recreation, streets, public
transportation, marina and waterways, and bicycle and pedestrian facilities? No.
Is there adequate refuse facility for the use and is the dumpster properly located and
screened? Yes.
Miscellaneous Impacts
Will the proposed SE have an adverse impact on the natural environment, including air,
water, and noise pollution, vegetation, wildlife, open space, noxious and desirable
vegetation, and flood hazards? No.
Will the proposed SE have an adverse impact on historic, scenic, and cultural resources,
including views and vistas, and loss or degradation of cultural and historic resources.
No.
Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? No.
Will the proposed special exception will have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality. No.
Staff Recommendation to the Planning and Zoning Board
The beach equipment rental with outdoor display is compatible with surrounding uses
and appropriate at this location. Staff recommends approval of the requested Special
Exception and the display shall be in accordance with attached site plan that depicts the
location of the display area(s).
3
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet
No,
Name of Project (if applicable): AIA bwcA ��f�s Ud�
Legal description: Lot(s) 'I Block Subdivision
Section Township A415 Range
Future Land Use and Zoning designations:
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X�l am a tenant. (Attach notarized letter of authorization),
I am authorized agent other than a tenant: (Attach Written Power of Attorney)
Owner(s) Name: A" V1416
MailingAddress: RD, f5ox C2-Ve- Q-oAmverAA FL, pq?Y7
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Phonenumber(s): (321�-qO,9-5500 or
Email(s):
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PD - Special Exception Application -1014.11) Ap hcam. bcn Kee': 1�';v5aoo Page 3
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February 27, 2012
To: City of Cape Canaveral
Re: Signage and Displays at 6811 N. Atlantic Ave
To whom it may concern:
As the property owner and landlord of 6811A4 Atlantic Ave, Unit C, currently under lease by the tenant,
A1A Beach Rentals, LLC, I, ' 1 hereby authorize AM Beach
Rentals, LLC and its assigns to con ct business with the city regarding any and all compliance, zoning,
licensing, planning, advertising, displays and signage matters that pertain to the operation of their
business at 6811 N. Atlantic Ave, Unit C.
In the event I need to be reached regarding this matter, please call me at
Sincerely, M3 1 7� r Lm5
Virginia Eberwein
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Why are we consideringrepealingthe Resort Dwelling Ordinance?
0 What was our intent?: On June 19, 2007, City Council adopted Ordinance #04-2007, the
following whereas statements were included:
WHEREAS, limitations on resort dwellings and other transient commercial uses serve a substantial
governmental interest in preserving the character and integrity of residential neighborhoods.
WHEREAS, the City seeks to maintain residential zoning districts that are fi-ee fi-orn congestion and
overpopulation and that promote the permanent residency of families;
® Enforcement Challenges: Staff has had difficulty enforcing this Ordinance. To date, the City has
written 25 Civil Citation Warnings and issued 3 Civil Citations. The following table summarizes how
Code Enforcement investigations into illegal Resort Dwelling Rentals can be easily thwarted:
Action
Reaction
Staff performs a web search; finds
Owner requires all contact to be through email; Notices City email
evidence of illegal advertising; no
address and doesn't respond.
physical address is provided.
Staff performs a web search; finds
Denial of illegal activity. Subsequently the owner:
evidence of illegal advertising;
e changes web listing to another website, and/or
physical address is provided. Staff
@ removes physical address from the web listing, and/or
contacts property owner.
0 removes all web references to "weekly rentals" and/or
0 Claims State Licensure pre-empts City Regulations.
Civil citation issued.
Goes -unpaid and is forwarded to collections.
Staff investigates a claim of a large
Claims the property is only being used by family and friends.
turnover of vehicles.
0 Where we are today? - Statistics:
In the years since adoption, some certificate -holders abandoned the use and some yet -to -be -built structures
were built. The current numbers:
Type I QtY. Type QtY.
Resort Condominiums — existing 208 Resort Condominiums, still yet -to -be built 195
-Resort Dwellings — existing 15 Resort Dwellings, still yet -to -be -built 4
0 Litigation•
Two condominiums filed suit against the City, demanding the City issue Certificates of non -conforming
status, despite their failure to comply with the requirements related to current zoning, fire and building
codes for transient occupancy. Should the City Council repeal Ordinance 04-2007, the use will remain
regulated by the State as well as by the fire and building codes.
a Pre-emption by the Florida Legislature:
Since adoption, the State has prevented any City from regulating the use.
Chapter 2011-119, Laws of Florida, preempts local regulations and ordinances regarding the use of
vacation rentals, but specified that this preemption does not apply to any local law adopted on or before
June 1, 2011
0 How would we proceed with enforcement in the future?:
Education campaign — Staff will inform property owners that the use is regulated by the State as well as by
the fire and building codes. City Staff and Fire Department will continue to work cooperatively to ensure
the appropriate codes are applied.
Subject: Adopt Ordinance No. 06-2012; amending Chapter 110, Zoning, of the Code of
Ordinances to repeal zoning regulations regarding the permitted location of "Resort
Condominiums" and "Resort Dwellings" now collectively known as "Vacation Rentals"
pursuant to Florida statutes; making conforming amendments to Section 2-283;
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability; and an effective date.
rtment: Building and Code Enforcement
Summary: At its February 21, 2012 meeting, City Council provided direction to the City
Attorney to draft an Ordinance repealing the zoning regulations related to Resort
Condominiums and Resort Dwellings. This will have the effect of allowing residential
property owners the option to use their properties for weekly rentals consistent with the
applicable requirements of State law,
Chapter 2011-119, Laws of Florida, revised the nomenclature for "resort condominium"
and "resort dwelling" and said uses are now collectively referred to as "vacation rentals."
The law also preempted local regulations and ordinances regarding the use of vacation
rentals, but specified that this preemption does not apply to any local law adopted on or
before June 1, 2011 (this would include the City's Ordinances adopted to regulate
vacation rentals, Ord. No. 04-2007 and Ord. No. 02-2011). Even though the City's local
regulations applicable to vacation rentals are exempt from the State's preemption, the
City Council decided, as a matter of policy, to discontinue and forego the regulation of
vacation rentals by specific zoning classification.
Several requirements applicable to vacation rentals unaffected by the repeal of the
City's zoning regulations will remain in effect:
• State DBPR license.
• Fire Code compliance - annual fire inspections.
• Building Code compliance - change of Occupancy Classification triggers a
new Certificate of Occupancy and building permit for upgrades.
• City Code will continue to prohibit residential rentals of less than seven days.
• Local Business Tax Receipt is required.
A Notice of Public Hearing for this Zoning Change was published Monday, March 12,
2012.
mmm N - 6 KSTS 154 1 k, ri ro.
F-1111tiffuelill Big 110MA•U 1011 a N I i MIA ON re E 1• �
Financial Impact: Potential increases in permit and BTR revenue,
Reviewed byInterim .Finance Director: John McGinnirDIe:
11
Financial
�
City Council Meeting Date: 3/20/2012
Item No.
Page 2 of 2
The City Manager recommends that City Council take the following action(s):
Adopt Ordinance No. 06-2012, at first reading.
Approved by City Manager: David L. Greene p Date:
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
ORDINANCE NO. 06-2012
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES TO REPEAL ZONING
REGULATIONS REGARDING THE PERMITTED
LOCATION OF "RESORT CONDOMINIUMS" AND
"RESORT DWELLINGS" NOW COLLECTIVELY KNOWN
AS "VACATION RENTALS" PURSUANT TO FLORIDA
STATUTES; MAKING CONFORMING AMENDMENTS TO
SECTION 2-283; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council previously adopted Ordinance No. 04-2007, as amended by
Ordinance No. 02-2011 (the "Resort Use Ordinances"), which expressly established that the C-1
zoning designation would constitute the applicable zoning classification for resort condominiums
and resort dwellings, as defined by chapter 509, Florida Statutes, to be located within the City; and
WHEREAS, the Resort Use Ordinances also established regulations for allowing existing
and other permitted resort condominiums and resort dwellings not within the C-1 zoning designation
to be grandfathered as nonconforming uses until abandoned pursuant to the criteria established in
the City's zoning Code; and
WHEREAS, subsequent to the adoption of the Resort Use Ordinances, the Florida
Legislature revised the nomenclature for these uses and said uses are now collectively referred to as
"vacation rentals" pursuant to section 509.242(l)(c), Florida Statutes; and
WHEREAS, in accordance with Chapter 2011-119, Laws of Florida, the City Council
acknowledges and recognizes that the Legislature has now preempted local regulations and
ordinances regarding the use of vacation rentals and that ordinances adopted on or before June 1,
2011 (including the Resort Use Ordinances) were exempted from the new preemption imposed by
the Florida Legislature; and
WHEREAS, although the Resort Use Ordinances are exempt from said preemption, the City
Council desires, as a matter of policy, to discontinue and forego the regulation of vacation rentals
by specific zoning classification; and
WHEREAS, it is the intent and purpose of this Ordinance to repeal the City's current zoning
City of Cape Canaveral
Ordinance No. 06-2012
Page 1 of 9
policy of only allowing vacation rentals to be located in the C-1 zoning classification and to allow
vacation rentals in dwellings in accordance with the applicable provisions of Florida law including
the Florida Building Code and Florida Fire Prevention Code; and
WHEREAS, notwithstanding the City Council's desire to repeal the aforementioned zoning
regulation affecting vacation rentals, it is not the City Council's desire to repeal the minimum seven-
day rental restriction which has existed in the City of Cape Canaveral prior to the adoption of the
Resort Use Ordinances and was upheld as a valid restriction in the Brevard County Circuit Court
Case, Royal Mansions Condominium Association, Inc. v. City of Cape Canaveral, Case No. 89-
16393 -CA -N; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City of Cape Canaveral
Ordinance No. 06-2012
Page 2 of 9
. 1.
.1 On . .1 " two11
1- 1-- SlIx. .a WK-TAqt-j FL -41101 qt.j Itor
City of Cape Canaveral
Ordinance No. 06-2012
Page 2 of 9
ARTICLE VII. DISTRICTS
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
See. 110-271. Intent.
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the permane&Tesidency of single families and to enhance and maintain
the residential character and integrity of the area.
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec.110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the pet nianentiesidency of
families and to enhance and maintain the residential character and integrity of the area.
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
City of Cape Canaveral
Ordinance No. 06-2012
Page 3 of 9
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ARTICLE VII. DISTRICTS
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
See. 110-271. Intent.
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the permane&Tesidency of single families and to enhance and maintain
the residential character and integrity of the area.
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec.110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the pet nianentiesidency of
families and to enhance and maintain the residential character and integrity of the area.
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
City of Cape Canaveral
Ordinance No. 06-2012
Page 3 of 9
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
F:W:X.7
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
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ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
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City of Cape Canaveral
Ordinance No. 06-2012
Page 4 of 9
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City of Cape Canaveral
Ordinance No. 06-2012
Page 4 of 9
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Sec. 110486. Vacation Rentals.
Nothine contained in the Citv Code shall be construed as prohibiting the use of any dwellin
unit as a vacation rental, provided the vacation rental is duly licensed by the State of Florida and in
compliance with the minimum seven-day rental restriction pursuant to section 110-487 of the City
Code and the applicable provisions of chapter 509 Florida Statutes the Florida Building Code, and
the Florida Fire Prevention Code.
Sec. 110487. Rental Restrictions on Dwelling 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) and—resort
Section 3. Conforming Amendment to Section 2-283. Section 2-283, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Section 2-283. It is intended that the text in Section 2-283
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
City of Cape Canaveral
Ordinance No. 06-2012
Page 7 of 9
existing prior to adoption of this Ordinance):
Sec. 2-283. Applicable codes and ordinances; class violations.
(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:
(10) Reserved. nonconforming use Status; expiration ,
... elass FV.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section S. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 06-2012
Page 8 of 9
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
12012.
ROCKY RANDELS, Mayor
ATTEST: For Against
John Bond
Bob Hoog
ANGELA APPERSON, City Clerk
Buzz Petsos
Rocky Randels
Betty Walsh
1" Legal Ad Published:
First Reading: March 20, 2012
god Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 06-2012
Page 9 of 9
EG q
CITY OF
CAPE CANAVEF
��M
Table of Contents
I.
INTRODUCTION
........................................................................................................................................1
A.
Boundaries and Organization............................................................................................................1
B.
AIA Economic Opportunity Overlay District Background..............................................................2
II.
PURPOSE....................................................................................................................................................3
Ill.
GOALS, OBJECTIVES AND PRINCIPLES................................................................................................3
A.
Goals......................................................................................................................................................3
B.
Objectives..............................................................................................................................................4
DesignPrinciples...........................................................................................................................................4
IV.
ADMINISTRATION................................................................................................................................5
A.
Definition of a Project..........................................................................................................................5
B.
Procedures for EOOD Architectural Compatibility Plan Approvals............................................5
C.
Submittals...............................................................................................................................................5
D.
Nonconforming Buildings and Uses....................................................................................................5
V. DEFINITIONS..............................................................................................................................................6
VI.
USE MATRIX...........................................................................................................................................9
VII.
SITE PLANNING....................................................................................................................................9
A.
Building Orientation..........................................................................................................................
10
E.
Building Height...................................................................................................................................
10
F.
Project Acreage.................................................................................................................................
10
G.
Circulation.......................................................................................................................................11
H.
Utility & Service Areas.....................................................................................................................
11
VIII.
ARCHITECTURE...................................................................................................................................12
A.
Articulation..........................................................................................................................................
12
B.
Building Continuity.............................................................................................................................
13
C.
Scale....................................................................................................................................................13
D.
Proportion...........................................................................................................................................
13
E.
Rhythm..................................................................................................................................................14
F.
Entry Treatment..................................................................................................................................
15
G.
Roof Lines............................................................................................................................................
15
Cape
Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page I
i
H.
Exterior Surface Materials...............................................................................................................
15
I.
Windows & Transparency................................................................................................................
15
J.
Storefronts...........................................................................................................................................16
K.
Color....................................................................................................................................................
17
L.
Awnings and Canopies.....................................................................................................................
17
M.
Ground Floor Lighting.......................................................................................................................
18
N.
Utilities and Mechanical Equipment Screening and Trash/Recycling Containers ...................
18
IX.
PARKING.............................................................................................................................................19
A.
Surface Parking.................................................................................................................................
19
B.
Shared Parking..................................................................................................................................
19
C.
Parking Structures..............................................................................................................................
19
X. LANDSCAPING.......................................................................................................................................20
A.
Surface Parking Lots.........................................................................................................................
20
XI.
SIGNAGE............................................................................................................................................
23
A.
All Signs...............................................................................................................................................23
B.
Awning Signs......................................................................................................................................
24
C.
Pedestrian Signs.................................................................................................................................
24
D.
Projecting Signs..................................................................................................................................
24
E.
Wall Signs...........................................................................................................................................
24
F.
Hanging Signs.....................................................................................................................................25
G.
Window Signs....................................................................................................................................
25
LIST OF FIGURES
Figure 1 - Economic Overlay District Boundary Map.................................................................................1
Figure 2 — Economic Opportunity District — Gateway Area.....................................................................2
Figure 3 - Economic Opportunity District — Main Street Area..................................................................2
Figure 4 - Building Articulation.................................................................................................................... 12
Figure5 - Building Scale.............................................................................................................................. 13
Figure6 - Building Proportion..................................................................................................................... 14
Figure 7 - Facade Rhythm............................................................................................................................ 14
Figure8 - Windows & Transparency......................................................................................................... 16
Figure9 — Building Color.............................................................................................................................. 17
Cape Canaveral FOOD DRAFT (3/23/2012) Planning Design Group Page I ii
The AIA Economic [)ppodonkv Overlay District /E{}(]D\ provides guidelines and standards for
public and private development projects in commercially zoned areas along AIA. Consistent with
the intent of the 2009 Community Vision Study, the ED{}D is developed to promote hospitality
related commercial development that capitalizes on the economic benefits of Port Canaveral;
provide guidance and direction inthe design of new and rehabilitation of existing buildings and
storefronts in order to improve their appearance, enhance the corridor's identity and promote the
pedestrian environment ofthe District.
Al} projects within the boundaries of the AIA E{)OD should comply with the following Design
Guidelines and Development Standards. These requirements have the overall goal of
encouraging compact, pedestrian -oriented developments and attractive public outdoor spaces.
The E[)[>D is designed to create o unique identity for the AIA Corr/dor with o distinct sense of
place while attracting new businesses and customers, and providing for the comfort, convenience,
and safety ofworkers, residents and shoppers.
A. Boundaries and Organization
The boundaries ofthe AIA EO(JD are shown on Figure l below. The AIA E{JDD is confined
to properties zoned for commercial, office, and industrial uses which abut orare in close
proximity 10AIA from the City Limits on the north to Canaveral River on the south.
Design guidelines are policy directives and are implemented through the application of
design standards. Often, more than one standard per guideline is provided.
Fqurc�r 'Econmm�c Overlay D�Mrcfaovn6m,yMap
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Cape Canaveral MOD DRAFT (3/23/20l2) Planning Design Group Page I l
B. AIA Economic Opportunity Overlay District Background
The AIA Economic [)ppoMonhv Overlay District is on approximately one -mile commercial
con/dor, generally recognized as extending from the entrance to the City of Cope
Canaveral on the north to the Canaveral River area on the south. This approximately
one -mile corridor |s intersected by Central Boulevard which generally runs east -west.
The District along AIA is intended to serve osthe main gateway area into the City of
{ape Canaveral. The District along Central 8cw|emrd is intended to serve as the main
street tothe [hv of Cape Canaveral's Town Center and as atronsNon between the land
use, circulation, and stneehcope along Central Boulevard and the interior of the Town
Center. This District is intended to have the most intense commercial density /n relation to
ex/sting residential densities adjacent to the District and within the proposed Town Center.
The E{J(JD /s meant to provide o lively and attractive interface between the proposed
Town Center and the adjacent residential communities, while maintaining o primarily
commercial street frontage along AIA and Central Boulevard.
The streets will have o retail/commercial service atmosphere with small or large
neighborhood stores o1street level and apartments oroffices on upper floors. The retail
composition of the district should include stores, personal services, hotels, cultural facilities,
hospitals, clinics, pharmacies, convenience stores with gas, high tech manufacturing,
entertainment, and eating establishments that serve the EC)OD as well as stores, eating
establishments, and business services (printing, accounting, etc.) that serve the other
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 2
businesses and office users in the area. Residential uses should be limited to upper floors
along AIA and Central Boulevard within the Economic Opportunity Overlay District.
The main street component of the District is intended to provide a mixed-use, pedestrian -
oriented focus for the proposed Town Center, with land uses serving Town Center residents
and visitors. This district provides the City of Cape Canaveral with a small-town style
walkable center that is convenient, useful, safe and attractive for pedestrians and lively,
yet relaxed. Small-scale retail and other commercial uses should occupy as much of the
ground floor frontages along Central Boulevard as the market will bear, with the tallest
buildings, pedestrian plazas, and/or retail anchors centered at the intersection of
AIA/Central Boulevard and Central Boulevard/Commerce Street, creating the desired
town center effect. Upper floors should be office or residential along these two main
streets. This District should provide for a diversity of housing types to serve a broad
segment of the community. Side street frontages and the rears of parcels should be
composed of multi -family, townhouse, duplex/triplex, or detached single-family
residential uses at townhouse densities. This district also should provide the potential for a
continuum -of -care development such as independent, assisted living and skilled care.
II. PURPOSE
The purpose of these Design Guidelines and Standards is to provide flexibility in the uses and
design requirements for the AIA EOOD, while setting minimum design standards to facilitate
quality development. These Design Guidelines and Standards will guide future development and
redevelopment within the City of Cape Canaveral so that it creates more vital commercial cores
and corridors, protects residential neighborhoods and neighborhood commercial centers, promotes
the use of quality building materials, enhances the streetscape on all public streets, and continues
to improve the image and pride in the city.
III. GOALS, OBJECTIVES AND PRINCIPLES
A. Goals
The AIA Economic Opportunity Overlay District provides Design Guidelines and Standards are
intended to promote and enhance the identity of the District. Specifically, the goals of the EOOD
are:
• To create attractive, functional, and lasting buildings and places.
• To promote development and redevelopment that preserves and enhances the physical
appearance of the corridor and contributes to the District's unique sense of place.
• To encourage the use of quality materials in development and redevelopment.
• To encourage development that adds to a pedestrian friendly retail environment and
contributes to the safety and comfort of both pedestrian and automobile traffic.
• To provide direction in site planning and to ensure a high degree of design quality in
development within the AIA FOOD through the use of Design Guidelines and Standards.
• To enhance and protect the commercial corridors and primary entrances into the City of
Cape Canaveral.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 3
B. Objectives
• The design guidelines are intended to address the built environment within the City of
Cape Canaveral and to recognize aesthetic design as an integral part of the planning
and development process.
• The guidelines are intended to ensure that the appearance of new development, infill
development, and redevelopment is representative of the City of Cape Canaveral's
Community Vision.
• The guidelines will enable development to occur in a manner that is not only beneficial
and worthwhile for the developers and property owners, but the development will also
have a positive impact on the surrounding properties, neighborhoods, citizens, and the
entire city.
Design Principles
The AIA EOOD is based upon a set of principles. These principles are:
1. Consistency:
The AIA Commercial corridor features a mixture of development types including office
buildings, hotels and convention facilities, strip -commercial centers, neighborhood -serving
retail, nighttime entertainment uses, an amusements park, and restaurants. Design of these
structures has been influenced by use, age, and site dimensions. Within the context of
these constraints, developments can achieve the principle of consistency through selection
of colors, exterior surface materials, scale, rhythm, proportions, landscaping and sign
programs.
2. Activity:
Active street life, which can be enhanced by design considerations, is a major component
of thriving pedestrian commercial districts. In spite of existing developments, which have
detracted from a safe pedestrian environment, there are many opportunities to insert
options for increased street -level pedestrian activity along AIA. Through building
orientation, circulation, storefront design and landscaping, development can further
promote the principle of safe pedestrian activity.
3. Pedestrian Orientation:
Pedestrian orientation can be achieved through storefront ornamentation, reduction of
blank surfaces, building articulation, proportion, rhythm, color, and texture. Guidelines and
Standards based upon this principle address wall surfaces, windows, awnings, signage,
and architectural treatments.
A. Safety:
Public safety is critical to the success of a commercial district. Public safety in this case
refers not only to safety from criminal activity, but also creating an environment in which
pedestrian and automobile traffic can safely coexist. The design and development of
commercial centers and the public open space adjacent to them should include
considerations of public safety. Public safety issues can be addressed through site
planning considerations such as the location of parking lots, lighting, signage and
landscaping.
5. Simplicity:
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 4
Design Guidelines and Standards for the AIA EOOD should provide for public
convenience by clearly identifying the nature of the business and communicating points of
ingress and egress for pedestrian and automobile traffic. These issues can be addressed
through architectural treatments as well as through site planning considerations such as the
location of parking lots, lighting, signage and landscaping.
IV. ADMINISTRATION
All projects as defined in the AIA Economic Opportunity Overlay District will be reviewed for
compliance with the Design Guidelines and Standards prior to being issued a building permit.
A. Definition of a Project
A project for the purpose of these design guidelines and standards shall be defined
pursuant to and be consistent with the provisions of Section 110-221 as follows: "The
erection, construction, major commercial additions, or major exterior structural alteration of
any building or structure, including, but not limited 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 repair 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 pursuant to this section".
B. Procedures for EOOD Design Compatibility Plan Approvals
No building permit will be issued for any project, and no person will perform any
construction work on a project, until an Economic Opportunity Overlay District Design
Compatibility Plan has been submitted to the Planning Department and approved
according to the procedures in Chapter 22 of the City of Cape Canaveral Code of
Ordinances.
C. Submittals
An application for a Design Compatibility Plan approval shall also include the site plan
submittals as indicated in the Section 110-222 of the City of Cape Canaveral Code of
Ordinances.
D. Nonconforming Buildings and Uses
Those structures or buildings that do not comply with the EOOD Design Guidelines and
Standards at the time of adoption retain nonconforming rights pursuant to the
Nonconformities in Section 110- 191 of the Cape Canaveral Code of Ordinances. Legally
existing sign and/or sign structures that do not comply with the EOOD Design Guidelines
and Standards at the time of adoption are governed by the Nonconformities provisions in
Section 110- 191 of the Cape Canaveral Code of Ordinances.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 5
V. DEFINITIONS
The following words and phrases, whenever used in this document, shall be construed as defined
in this section. Words and phrases not defined herein shall be construed as defined in Section
110- 1 of the Cape Canaveral Code of Ordinances.
Accent Color: A contrasting color used to emphasize architectural elements.
Architectural Bay: The area enclosed by the storefront cornice above, piers on the side and the
sidewalk at the bottom.
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 detached
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 architectural band of moldings along the top of a wall or just
below a roof.
Electronic Message Display Sign: A wall, projecting or pedestrian sign that displays still images,
scrolling or moving images, including video and animation, utilizing a series of grid lights that may
be changed through electronic means such as cathode ray, light emitting diode display (LED),
plasma screen, liquid crystal display (LCD), fiber optic, or other electronic media or technology.
Entablature: The superstructure of moldings and bands which lie horizontally above a column.
FaSade: The front of a building or any of its sides facing a public way or space.
Fenestration: The design, proportioning, and disposition of windows and other exterior openings
of a building.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 6
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.
Frieze: Ornamental architectural horizontal band that runs above doorways and windows or
below the cornice.
Ground Floor: The lowest story within a building which is the first 15 feet measured vertically and
accessible to the street, the floor level or which is within three feet above or below curb level, 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
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 attached 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: A designed development, in which 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.
Primary Color: One to three base colors chosen to dominate a color scheme.
Projecting Sign: A type of sign which is attached to a building face and projects out
perpendicularly to the building wall by more than 18 inches and is effective when oriented to
pedestrians.
Shared Parking: Shared parking may be applied when land uses have different parking
demand patterns and is able to 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 fa5ades created in a pedestrian oriented district when stores are built to
the front lot -line and built from side lot -line to side lot -line.
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.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 7
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.
Window Sign: A type of illuminated or non -illuminated sign which consists of individual letters
and/or logos painted, posted, displayed, etched or otherwise placed on the interior surface of
the window and intended to be viewed from the outside.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 8
��N ��� ������
��° �,�� �."���"�"^~
The AIA Economic (]ppodnnhv Overlay District is intended to serve as both the main gateway
area into the City as well as the main street to the City's proposed Town Center. The District will
have the most intense commercial intensity along NA and there will be o transition between the
land use, circulation, and stneetscope along [enho| Boulevard. The following land use matrix
identifies the uses which are permitted by right /P\, permitted by o special exception (SE), or not
allowed (NA).
Retail P P IP
Personal Services P P SE
Hotels and Motels P IP ISE
Banks P P ISE
Residential SE ISE ISE
Assisted Living Facility SE ISE NA
2Flex space (office, showroom, warehouse) SE SE P
2Warehousing NA SE P
20ff-site cruise ship parking (Accessory use to hotels SE SE SE
and motels)
'Added
2Use included ooclarify intent pfcode
*Uses not specifically listed may b*approved psaPD
VII, SITE PLANNING
She planning involves the proper placement and orientation of structures, maximum sfmdone
height minimum development acreage, open spaces, parking and pedestrian and vehicular
circulation on a given site. The purpose of good site design is to create a functional and attractive
development, tominimize adverse impacts, and to ensure that o project will be on asset tothe
community.
Proper site planning should promote harmony between new and existing buildings and should be
sensitive tothe scale, form, height, and proportion of surrounding development. Good design with
complementary landscaping is o major component in creating vibrant commercial areas that
foster a pleasant and desirable character, pedestrian activity, and economic vitality. Factors such
as the size and massing of buildings, the orientation of storefronts, and circulation greatly
influence the quality ofthe pedestrian experience.
Within the AIA Economic Opportunity Owsdoy District, site planning and design ofnew buildings
and the rehabilitation of existing buildings should promote continuity of the historic context of
buildings (as shown in historic documentation) in relationship to the existing pattern and scale of
streets, sidewalks and parking. The guidelines and standards be/ow reinforce the existing historic
development patterns (as shown inhistoric documentation) and provide site planning framework
for both infill developments and rehabilitation and revitalization ofexisting buildings.
Cape Canaveral [OODDRAFT (3/33/2Ol2) Planning Design Group Page 1 9
A. Building Orientation
Guideline 1: Orient buildings towards AIA and Central Boulevard as well as adjacent
cross -streets /n order to encourage pedestrian activity along the sidewalks of A|/4 and
Central Boulevard and to fod|hoie pedestrian access to and from the sidewalk to
adjacent properties.
Standard I: Projects with naor lot lines abutting o street, alley, or parking lot
should incorporate pedestrian entrances at the rear |o+ line in addition tothose on
AIA and Central Boulevard.
E. Building Height
Guideline 2: Building height should be correlated to the scale of the street along which it
faces and should encourage ocomfortable pedestdon-orhenhadenv(ronment
Standard 2a: The building height for projects within the EC>C)[> shall be no more
than four stories or 45 feet measured vertically at the street level.
Standard 2b: Increased building heights may beconsidered uptosix (6)stories or
65 feet ifheight mitigation measures such as o building "stepbock"orsetback are
propoeed.
Standards 2c: Increased building heights over b5feet may be considered
pursuant to a Planned Development (PD) approval on a case-by-case basis.
F. Building Setback
Guideline 3: Buildings should besetback from the right-of-way o sufficient distance to
encourage pedestrian activity.
Standard 3a: Building setback along AIA shall be a minimum of 15 feet.
Standard 3b: Building setback along all other street shall be a minimum of 10 feet.
G. Project Acreage
Guideline 4: All uses within o project shall be sized to provide sufficient building setback
and +oencourage o pedestrian -oriented environment.
Standard 4a: All uses shall have o minimum lot size consistent with the area required to
meet the building setback, lot coverage and development standards ofthe underlying
zoning district.
Standard 4b: Building setback, �lot coverage and developments that exceed these
requirements may be considered pursuant to o PD approval on o case-by-case basis.
H. Circulation
Guideline 5: Provide easy sidewalk access for pedestrians by locating vehicle access and
loading areas where there will be minimal physical or visual impact on pedestrians, the
flow of traffic, and/or adjacent uses.
Standard 5a: All vehicular entrances should, to the maximum extent possible, be
located off of a side street or an alley in order to minimize pedestrian and
vehicular conflicts.
Standard 5b: Walkways for pedestrian access should be provided between
parking areas and the Project.
Standard 5c: Passenger loading zones located on the street should not impede
foot traffic or sidewalks.
Standard 5d: Parking lots and structures should be designed to provide safe
pedestrian circulation between parked vehicles and the primary building through
the use of clearly marked pedestrian walkways, stop signs, speed bumps, lighting,
or other similar measures.
1. Utility & Service Areas
Guideline 6: Locate utilities, storage areas, mechanical equipment, fire alarms, sprinklers
and other service areas so that they are not visible from the public right-of-way.
Standard 6: Utilities, storage areas, mechanical equipment, fire alarms and
sprinklers installed as part of a new project should be placed to the rear of the
site or underground when feasible.
Standard 6b: Roof -top mechanical equipment shall be screened from view by an
appropriate architectural treatment such as a parapet wall or other architectural
feature that is integrated in the overall design of the building.
Cape Canaveral FOOD DRAFT (3/23/2012) Planning Design Group Page I 11
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� .�.� ARCHITECTURE
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The architectural elements used in the design of new buildings should create and/or mohnfuhn
continuity of the street wall and fogode. New building fo�odes should employ architectural
elements that provide gradual orcompatible transitions between existing and new buildings. Such
elements include continuity of scale, rhythm, proportion, massing and design, windows and
transparency, fopode treatment, building mohsr|o|/ color, access, and open space which
collectively serve as logical evolutions of the existing character of the street. This does not mean
that identical architectural styles should be duplicated from neighborhood buildings. Rather,
continuity should be maintained through o consistency in proportion and character of defining
elements ofexisting fo�odesor repetition ofother architectural features.
Destination and Attraction land uses that do not meet the architectural standards may be
considered pursuant to a PD approval on a case-by-case basis.
A. Articulation
Guideline 1; Reduce the monotony of large buildings by breaking architectural elements into
smaller pedestrian scale components or through use of varied materials, textures or co/ons,
trim, roof lines, canopies and awnings in order to provide vodof|on and visual interest.
Fogo6es should be organized into three major components/ the base (ground level), body
(upper architecture) and cap (poropetentablature or roofUne)^
pqwre 4 - BwD8ing Arflcu|m+[mn
Standard I a:The incorporation ofexpressed architectural boys should be encouraged to
break up large unbroken surfaces along the street wall.
Standard 1 b: All projects should provide horizontal architectural treatments and/or
fogode articulations such as cornices, friezes, balconies, piers, awnings, pedestrian
amenities, orother features for the first 15 feet of building height, measured vertically at
street level.
Standard Tc: Projects with sixty linear feet or more of building frontage should provide
wad|cm| architectural treatments and/or fogode articulations such as columns, pilasters,
indentations, storefront boys, windows, landscaping, or other feature of least every thirty
feet oncenter. The vertical break shall beotleast 24to 36 inches |nwidth.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 12
Standard Id: Balconies fronting AIA, Central Boulevard and/or the side streets that
protrude 30 inches from the building `*oU and are no more than 12 feet in length may be
included.
B. Building Continuity
Guideline 2: Maintain building openings that enhance building design and continuity, as well
as the pedestrian experience.
Standard 2: Buildings should generally be designed to maintain o continuous street wall
along the length of o block except to accommodate building articulation ponmort to
Guideline 1.
C. Scale
Guideline 3, 0\o|ntohn human scale of building that enhances the pedestrian experience at the
ground floor of commercial areas.
H91urm5-mu|d/nmSca�e
Standard 3: Fogodesshoo|d incorporate ominimum of two (2) continuous details refined to
the scale of 12 inches or less within the first 15 feet of the building vvoK measured
vertically at the street level.
D. Proportion
Guideline 4: Maintain ground level pedestrian scale with traditional storefront fogode
components and proportions to provide o consistent pattern of architectural detailing,
including the use of decorative elements, changes |n roofUnes and windows, and changes in
building materials and color.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 13
Standard 4a; The frontage of buildings shall be divided in architecturally distinct sections
of no more than sixty (60) feet in width with each section taller than it is wide.
Standard 4b: Windows and storefront glazing shall be divided to be either square or
vertical in proportion sothat each section istaller than it is wide.
Standards 4c: Vertical and horizontal design elements, including columns, pilasters, and
cornices, should be defined at both the ground level and upper levels to break up the
mass of buildings.
E. Rhythm
Guideline 5: Solid blank walls should be avoided through the use offo�oclemodulation or
other repetitive architectural detailing to maintain visual organization of the building's
fmgode.
Ngore 7-Fpudemhy+6m
Standard 5a: /\minimum of one significant detail or massing component shall be repeated
no less than three (3) times along each applicable elevation.
Standard 5b: The scale of the chosen element shall ne|a8a to the scale of the structure.
Cape Canaveral EODDDRAFT (3/23/2Ol2) Planning Design Group Page 1 14
F. Entry Treatment
Guideline 6: Construct a dominant entryway to reinforce the character of the building, add
visual interest, break up the monotony of flat surfaces, add a vertical element to break up the
facade of the building and create an inviting entrance.
Standard 6a: A dominant entryway fronting a public street that is differentiated from the
building fa5ade and provides a distinctive use of architectural treatments, materials, or
special lighting should be constructed.
Standard 6b: Buildings constructed on a corner should place the dominant entry on the
corner at a diagonal. The use of a curvilinear element for this entryway is strongly
encouraged.
Standard 6c: Building entries should be illuminated at night.
Standard 6d: Doors should be comprised of non -tinted clear glass, which is free of
temporary signage and/or other types of materials that may obstruct visibility.
G. Roof Lines
Guideline 7: Design new buildings to achieve consistency by creating continuity between the
heights of adjacent roofs, parapets, and cornices.
Standard 7a: Roof lines should be designed to reflect a distinct style (such as) a relatively
consistent 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 repetitive
element.
Standard 7b: Severe roof pitches that create prominent out -of -scale building elements
should be avoided.
H. Exterior Surface Materials
Guideline 8: Select high quality, human -scale building materials to reduce building mass,
create visual interest, and complement the Community Vision for architectural style of the AIA
EOOD.
Standard 8a: The base of a building (the first two to five feet above the sidewalks) should
be differentiated from the rest of the building fagade with treatments such as change in
material and/or color.
Standard 8b: The exterior fagade of low -and mid -rise buildings should incorporate no less
than two building materials including but not limited to tile, brick, stucco, cast stone, stone,
formed concrete or other high quality, long-lasting masonry material over a minimum 75
percent of the surface area (excluding windows, doors and curtain walls.) The remainder
of the wall area may incorporate other materials.
I. Windows & Transparency
Guideline 9: Add visual interest and create a feeling of openness by incorporating windows
with architectural defining features such as window frames, sashes, muntins, glazing, paneled
or decorated jambs and moldings.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 115
Standard 9mr A minimum percentage of transparency for different levels of non-
residential uses should be achieved as follows:
• Ground level retail: 50%ofsurface area minimum;
• Ground level office orother commercial uses' 35% of surface area minimum;
m Ground level of commercial use over 25,000 SF, 25% of surface area
minimum; and
0 Upper levels of all uses: 20% of surface area minimum.
Standard 9b: Transparency of the ground level shall be calculated within the f|nJ 15 feet
ofthe building wall, measured vertically o1street level.
Standard 9m: In cases where a building has more than two (2)facades fronting o street or
primary travel way, the transparency requirement shall only be required on two facades
based onpedestrian traffic and vehicular visibility.
Standard 9d; All ground level windows shall provide direct views to the building's interior
or to o lit display area extending o minimum of 3 feet behind the window.
Standard 9e: Ground level windows shall extend above o minimum 18 to 24 inch base.
Standard 9d: Street facing, ground floor windows should be comprised of non'tinted,
clear glass.
Standard 9e: Windows of high-rise buildings may be comprised of tinted glass to reduce
glare and unnecessary reflection.
J. Storefronts
Guideline 10: Promote an active pedestrian district byincorporating attractive and functional
storefronts into new construction.
Standard 10a: Multiple tenants with storefronts within a single building should be
architecturally consistent, but defined and separated through structural boys, horizontal
lintels, vertical piers or other architectural features up to 30 -foot intervals.
Standard 10b; Individual storefronts should not be used for storage or left empty without
window displays.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 16
K. Color
Guideline 11: Use o color palette which complements adjacent buildings and promotes o
consistent color scheme on the site.
ACCENIcumRS 1 A(UNI 2 WEWmON/
p�gu�g- ooUins cm|w,
Standard I I a: /\ maximum of three /3\ primary colors for each building segment may be
proposed with o maximum cftwo (2)secondary accent colors.
Standard I 1b: Bright or intense colors should not be utilized for large areas unless
consistent with the historical context ofthe area as shown |nhistoric documentation.
Standard 11c: Bright colors on architectural detailing, trim, window sashes doors and
frames, or awnings may be used if they one consistent with the historical context of the
area as shown in historic documentation.
Standard I I d: All vents, gutters, down spouts, eic should be pointed to match the color of
the adjacent surface, unless being used expressly as trim or an accent element.
L. Awnings and Canopies
Guideline 12: Add awnings or canopies to provide variation to simple storefront designs in
order toestablish o horizontal rhythm between structures where none exists and add colorto
astoretront
Standard I 2a: The size, scale and color of the awnings should be compatible with the nest
of the building and should be designed as an integral part ufthe building architecture.
Standard 12b; Awnings and canopies should be constructed of high quality, substantial
materials which must bedurable and fade resistant and maintained |ngood condition and
replaced periodically.
Standard 12c: Canopies and awnings that span an entire building are discouraged. The
careful spacing of ov/n|ogs that highlight oaUoin features of m storefront or entryway is
encouraged.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 17
M. Ground Floor Lighting
Guideline 13: Incorporate lighting into the design not only to accentuate architectural
features, but to provide a safe environment for pedestrian activity.
Standard 13a: Lighting should be shielded to prevent glare to adjacent properties.
Standard 13b: Intense lighting which is used solely for advertising purposes should not be
used.
Standard 13c: Buildings should be highlighted through "up" lights or accent lights placed
on the fa;ade.
N. Utilities and Mechanical Equipment Screening and Trash/Recycling Containers
Guideline 14: Screen or enclose existing utilities, storage areas, mechanical equipment, fire
alarms, sprinklers and other service areas with attractive landscaping or architectural barriers.
Standard 14a: Screen or enclose rooftop mechanical equipment by materials that are
architecturally integrated with the building.
Standard 14b: Locate enclosed trash/recycling containers at the rear where they are not
visible to the public.
Standard 14c: Trash/Recycling storage bins should be located within a gated, covered
enclosure constructed of materials identical to the exterior wall of the building and
screened with landscaping, so as not to be viewed from the public right-of-way.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 18
IX. PARKING
The location and design of parking lots and buildings in a development is critical in promoting
safety for pedestrians and minimizing conflict with vehicles. Parking structures and areas should
form an integral part of the project and be well landscaped, so as not to detract from the
pedestrian experience and maintain visual interest.
A. Surface Parking
Guideline 1: Locate surface parking in the rear or side of buildings and provide pedestrian
access from the parking to the building and street.
Standard 1: A surface parking lot adjacent to a public street should conform to the
landscape requirements detailed in Section X of these guidelines.
B. Shared Parking
Guideline 2: Shared parking is encouraged within the district so as to provide an option to
reduce the amount of land needed for parking and create opportunities for more compact
development, more space for pedestrian circulation, or more open space and landscaping.
Shared parking may be approved administratively on a case-by-case basis by the
Community Development Department.
Standard 2a: Shared parking in commercial areas in the district should be encouraged as
part of the development review process.
Standard 2b: Shared parking must be located on the same block as the land uses they are
intended to serve or on opposite sides of an alley.
Standards 2c: As part of the approval process, the developer would need to demonstrate
that the two land uses have differing peak -hour demand, or that the total parking
demand at any one time would adequately be served by the total number of spaces.
Standard 2d: A development agreement between the sharing property owners is required
in order to ensure proper functioning of the shared parking arrangement.
C. Parking Structures
Guideline 3: Integrate a parking structure into the overall design of a development through
compatible materials, color and architectural defining features.
Standard 3: Parking structures should be compatible with the main building through a
consistency in building material, color and design.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 19
X. LANDSCAPING
Through the use of a variety of vegetation such as trees, shrubs, ground cover, perennials and
annuals, as well as other materials such as rocks, water, sculpture or paving materials,
landscaping unifies streetscape and provides a positive visual experience. Landscaping also can
emphasize sidewalk activity by separating vehicle and pedestrian traffic, provide shade, define
spaces, accentuate architecture, create inviting spaces and screen unattractive areas.
A. Commercial Site Plan Review
Guideline 1: All development of real property including all structures, whether
temporary or permanent, within the District shall comply with the provisions of this
section.
Standard 1 a: Construction requiring site plan review shall not be permitted until a
landscape plan consistent with this section has been submitted to and approved by the
Community Development Department.
Standard 1 b: Landscape plans for projects totaling more than one-half (1/2) acre in size
shall be prepared, signed and sealed by a registered landscape architect.
Standard 1 c: Landscape plans for projects of one-half (1/2) acre in size or less shall be
prepared and submitted by a registered landscape architect or other qualified
professional.
Standard Id: The landscape plans shall be drawn to a scale between one (1) inch equals
ten (10) feet, and one (1) inch equals forty (40) feet.
Standard le: In no case shall a landscape plan incorporate the use of prohibited
invasive exotic plant species as described in Section 581.091, F.S. (2009).
Guideline 2: The landscape plan should include notations of all elements required by
this section or the information should be attached to specify compliance with this section
and at a minimum include the following.
Standard 2a: The "limit of work" line for the subject project to include any adjacent
property trees located up to ten (10) feet beyond the property line;
Standard 2b: All overhead utility lines, transformers, easements, and underground utilities,
including septic tank drainfields, sidewalks located within the project, and ground or pole
signs as defined in chapter 94 of the Cape Canaveral Code of Ordinances;
Standard 2c: All existing and proposed light poles, fire hydrants, and backflow
prevention devices;
Standard 2d: Building finished floor elevation(s) and building overhang(s);
Standard 2e: Proposed site grading, including spot elevations, and contour lines at one -
foot intervals;
Standard 2f: Healthy and viable existing on-site trees and shrubs of a Code -acceptable
size, species and location that are intended to be preserved and applied toward the
requirements of this section. Details of the protective barriers and/or other protective
measures to be used for said preservation shall be provided;
Standard 29: Notes indicating that all existing invasive exotic plants, as listed in the
Florida Exotic Pest Plant Council (FLEPPC) Invasive Plant Species List (2011), shall be
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 20
removed (any disturbance of a wetland area requires compliance with chapter 106 of the
Cape Canaveral Code of Ordinances.);
Standard 2h: A plant schedule which describes all proposed landscape materials,
including specifications as to the species, size, spacing, opacity, and quantity of plan
material; and
Standard 2i: In all cases, a certification from the landscape architect or other qualified
professional, whichever is appropriate, stating that the landscape plan is designed in
accordance with this section.
Standard 2i: Nothing in this section shall be construed to prohibit or be enforced to
prohibit any property owner from implementing city -approved low impact development
techniques for storm water management and capture or Florida friendly landscaping on
his/her land.
B. Building Perimeter
Guideline 1: To create visual interest and transition between adjacent buildings on the
perimeter, a landscaped area should be provided between all buildings and the public right-
of-way and along the primary fa5ade.
Standard 1 a: The landscaped area shall be equal to the full linear length of the building
base oriented toward the public right-of-way and have a minimum depth of eight (8) feet.
Standard 1 b: At least fifty (50) percent of the required landscaped area shall consist of
landscaping capable of achieving a minimum of thirty (30) inches in height, with one (1)
shade tree planted for each twenty-five (25) feet or fraction thereof of the lineal building
facade, or one (1) understory tree or palm tree planted for each fifteen (15) feet or
fraction thereof of the lineal building fa5ade.
Standard 1c: The layout of the required landscaped area shall be at the discretion of the
owner, such that the required square footage may be aggregated to provide maximum
aesthetic value. However, each perimeter requiring landscape must have at least fifty (50)
percent of the required landscape along that perimeter.
C. Building Landscaping
Guideline 1: Landscaping is encouraged at the base of buildings to create visual interest and
to soften the contrast of the building and the other vegetated areas.
Standard la: A landscaped area shall be provided around the base of all buildings
oriented toward public rights-of-way or public parking areas. The rear of the building
shall not be included within the landscaped area unless it is oriented to a public right-of-
way.
Standard 1 b: This landscaped area shall be equal to fifty (50) percent of the linear
length of the building base oriented toward the rights-of-way or parking areas, with a
minimum width of four (4) feet.
Standard lc: At least half of the required landscaped area shall contain landscape
material other than ground cover, with trees provided at a ratio of one (1) tree per two
hundred (200) square feet of required landscaped area or fraction thereof. The
distribution of the landscaped areas shall be at the discretion of the owner.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 21
Standard 1 d: Building landscaping may be applied towards meeting the perimeter
landscaping requirement in this section.
D. Surface Parking Lots
Guideline 1: Buffer existing parking adjacent to a public right-of-way as well as residential
buildings with a landscaped barrier.
Standard la: Interior landscaping for off-street parking should conform to the
requirements of Section 110-567 of the Cape Canaveral Code of Ordinances.
Standard 1b: Minimum landscape buffer width along AIA shall be ten (10) feet between
the right-of-way and the parking or vehicular access area.
Standard 1 c: Minimum landscape buffer along all other streets shall be five (5) feet.
Standard 1d: A knee wall which is at least three (3) feet in height is required when an off-
street parking area is located within 25 feet of the public right-of-way.
Standard le: A continuous landscape berm at an average height of three (3) feet from
grade may be permitted in lieu of a required knee wall.
Standard 1f: A knee wall may be fragmented, staggered, meandering or continuous.
Standard Ig: A knee wall shall not obstruct any safe sight distance triangle.
Standard 1 h: A knee wall shall be compatible with the architectural design, material, and
color of the principal building of the project.
Standard 1 is Lighting shall not be used to create an attraction, distraction, or commercial
signage intent to the wall.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 22
XI. SIGNAGE
The placement, construction, color, font style, and graphic composition of signs have a collective
impact on the appearance of the entire district. Therefore, it is important to integrate signage
with the overall design of a building and its surrounding landscape. Signage should convey a
simple straightforward message to identify businesses and/or to assist pedestrians and vehicular
traffic in locating their destination. The size, number, location and use of signage are further
regulated in Chapter 94 of the Cape Canaveral Code of Ordinances.
A. All Signs
Guideline 1: Design signage which is incorporated into the overall design of a building and
complements the fa5ade or architectural element on which it is placed.
Standard Ia: All signs should be maintained in good repair.
Standard 1 b: Easy to read signs with a brief simple message and a limited array of font
styles are encouraged.
Standard lc: Colors should be selected to contribute to the legibility and design integrity
of a sign with sufficient contrast between the background color and that of the letter or
symbol.
Standard 1 d: Signs should not dominate or obscure the architectural elements of building
fa4ades, roofs or landscaped areas.
Standard le: Signs may be constructed of metal, stone, wood, recycled composite
material or other non -illuminated material.
Standard 1f: 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.
Standard 19: Neon signs and channel lettering are permitted.
Standard 1h: Internal illumination should be used only for signs composed of individual
channel or neon letters or graphics.
Standard 1 is The height and width of letters and logos should be properly proportioned
to the sign area on which the sign is to be located.
Standard 1 j: Signs should be scaled to fit within the boundaries of a storefront or building
it is advertising.
Standard 1k: The exposed backs of all signs visible to the public should be suitably
finished and maintained.
Standard 11: Projects or buildings containing more than one storefront should have a
planned coordinated sign program that provides consistency with regard to height, size,
shape, colors and degree of illumination.
Standard 1 m: The restoration of historic signage as may be prescribed in recognized
preservation guidelines and historic documentation is strongly encouraged.
Standard 1 n: After 90 days of closing a business, any related signs should be removed
and replaced with blank panels or painted out unless the sign qualifies as "Outdoor
Advertising" per the State of Florida Department of State.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 23
B. Awning Signs
Guideline 2: Develop awning signs that are harmonious with architectural details of the
fagade and which do not detract from the overall design.
Standard 2a: Signage should be limited to the skirt (valence) of the awning and should not
be on the awning face.
Standard 2b: If illuminated, awning sign illumination should be external. Back -lit,
translucent signs are prohibited. Lighting should be directed downward and should not
illuminate the awning.
Standard 2c: To avoid having to replace awnings or paint out previous tenant signs when
a new tenant moves in, the use of replaceable valances should be considered.
Standard 2d: The shape, design, and color of the awnings should be carefully designed to
coordinate with, and not dominate, the architectural style of the building. Where multiple
awnings are used, on the building, the design and color of the sign awnings should be
consistent.
C. Pedestrian Signs
Guideline 2: Develop coordinated pedestrian signage, which complements the pedestrian
orientation of the AIA and Central Boulevard Corridor.
Standard 2a: Each business on the ground floor may have one pedestrian sign, except that
corner businesses with frontage on both streets may have two (2) pedestrian signs.
Standard 2b: 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 business
space.
D. Projecting Signs
Guideline 3: Design projecting signs, which are compatible with the architectural context of
the AIA EOOD and which improves the overall appearance of the area.
Standard 3a: Projecting signs should be hung at a 90 -degree angle from the face of the
building.
Standard 3b: Appropriate materials may include wood, metal, recycled composite
material or other non -illuminated material with carved or applied lettering, or any other
material that is architecturally compatible with the building to which the sign is attached.
Standard 3c: Sign supports and brackets should be compatible with the design and scale
of the sign and the architectural design of the building. Where appropriate, decorative
iron and wood brackets are encouraged.
Standards 3d: The text, copy, or logo face should not exceed 75 percent of the sign face
of a projecting sign.
E. Wall Signs
Guideline 4: Design wall signs, which are compatible with the architectural context of the AIA
EOOD and which improves the overall appearance of the area.
Standard 4a: Multiple wall signs on a building fagade should be located in order to
maintain a physical separation between each individual sign, so it is clear that the sign
relates to a particular store below.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 24
Standard 4b: Wall signs should be mounted on a flat building surface, and, unless a
projection is an integral design element, should generally project as little as possible from
the building's face. Wall signs should not be placed over or otherwise obscure
architectural building features, nor should they extend sideways beyond the building face
or above the highest line of the building to which it is attached.
Standard 4c: Wall signs should 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.
Standard 4d: New wall signs in a shopping center that does not have an approved sign
program should be placed consistent with sign locations on adjacent businesses.
Standard 4e: For new and remodeled shopping centers, a comprehensive sign program
for all the signs in the center should be developed.
F. Hanging Signs
Guideline 5: Design hanging signs to be suspended below a marquee or a canopy to help
define entries and identify business names to pedestrians.
Standard 5a: Where overhangs or covered walkways exist, pedestrian -oriented hanging
signs are encouraged.
Standard 5b: Hanging signs can be particularly useful for storefronts that have multiple
tenants.
Standard 5c: Hanging signs should be simple in design and not used to compete with any
existing signage at the site, such as wall signs.
G. Window Signs
Guideline 6: Design window signs to complement the fa5ade of the building and be
incorporated into and not detract from the overall design.
Cape Canaveral EOOD DRAFT (3/23/2012) Planning Design Group Page 1 25
MDnicode � Page ]Kfl
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See. 22 -161. - Donation bins prohibited.
(a) Generally. Kshall beunlawful 0odeposit, store, keepormaintainorhopermhbobedepoaitad.stored.koptor
maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning
district. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening
and which is intended to accept and stone donated items; pmvided, hmmever, the definition of donation
collection bins shall not include trailers, where personnel are present to accept donations.
(b) Designation nfenforcement offinecThe director shall designate anenforcement officer who shall be
responsible for the removal ofdonation collection boxes.
(o) Notification. Whenever the enforcement officer ascertains that a donation collection bin is present on any
property within unincorporated Dade County, the officer shall cause a notice to be placed on such bin in
substantially the following form:
NOTICE
This donation collection bin iuunlawfully upon known ae(setting forth brief description oflocation) and must
be removed within 72 hours from the time of this notice. Failure to remove the bin shall result in the removal and
destruction of the bin by order of the City of Miami.
Date this: ofthe notice) Signed: (setting forth name, with the address and
telephone number ofthe enforcement officer.
Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand
normal exposure tothe elements.
(d) Removal of donation collection bin. If at the end of 72 hours after posting of such notice, the donation
collection bin has not been removed from the property, the enforcement officer shall cause the bin to be
removed.
(m) Assistance ufcity police department. |fthe enforcement officer imunable 0osuccessfully remove edonation
collection bin subject to seizure under this section, the enforcement officer or his designatedn*pmaontatives
may secure the assistance ofthe City nfMiami police department toeffect the removal ofsaid bin.
(f) Obstructing an enforcement officer in the performance of duties, Whoever opposes, obstructs or resists the
enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a
misdemeanor of the second degree and shall be subject to punishment as provided by law.
(g) Destruction of donation collection bin. Whenever a donation collection bin remains unclaimed as provided in
subsection (d) above, it shall be destroyed by order of Dade County. The contents of the bin may be destroyed
ordonated tocharity.
(h) Recovery of costs, All costs incurred pursuant to this section shall be paid by the owner of the donation
collection bin. The enforcement officer may institute a suit to recover such expenses against the bin owner.
(i) Responsibility for compliance. The owner of the donation collection bin and the tenant and/or owner of the
property onwhich the bin is maintained ehmU be responsible for compliance with this chapter.
(Ord. No. 1/531,§2'7-24-97)
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(a) Outside storage. Outside storage ofcommercial equipment, supplies ormaterials are prohibited inall
residential and mixed-use zoning districts, except at construction sites where building permits have been
issued. The allowance of outdoor storage of commercial equipment, supplies or materials, if any, shall be
regulated bythe specific commercial zoning district regulations.
(b) Storage containers and trailers. Steel storage containers, tractor -trailers, trucks, tow trucks, semi -trailers,
1rai|am. including trailers for containing donated goods, and steel containers shall not be permitted to be stored
in any zoning district. Tractor -trailers may be temporarily permitted for the purpose of loading and unloading
stored items. The Village may approve thotnmporaryueeofokoi|erduringconotructionfordeve|opment.
provided the trailer iaconnected toasanitary disposal system.
(c) Donation collection bins. A donation collection bin shall mean a receptacle designedwithedoor.e|cdorother
opening and which is intended toaccept and store donated items. It shall bounlawful to depoeit, mtore, keep or
maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot,
parcel ortract ofland orbody ofwater inany zoning district.
(d) Portable storage units for on-site storage.
(1) There shall be no more than one portable storage unit per single-family or duplex residential premise no
larger than eight feet wide, 1Gfeet long and eight feet high. N rtab|e storage unit shall remain
site in excess of 30 consecutive days, and shall not be placed on a premise in excess of 30 days in any
calendar year. An application for one 30 -day extension may be granted if a building permit for work
being done on the site has been secured and maintained. It shall be unlawful for any person to place, or
permit the placement of any portable storage unit(s) on a premise in which they own, rent, occupy, or
control without first having obtained a building permit. Portable storage units shall be placed only in a
driveway or a parking area on an approved surface. The permit shall be posted in plain view at the
(2) Portable storage hs shallberemoved immediately upon the issuance ofahurricane warning. |fthe
Village determines that anemergency, other than ahurricane warning, id ufficind cause to
exceed or reduce the time limitations which would otherwise apply, the Village may allow a portable
storage unit to remain at a premise for period in excess of such time limitations, or may also order
immediate removal of the storage unit.
(3) Maintenance and prohibition of hazardous materials. The owner and operator of any premise on which
a portable storage unit is placed shall be responsible to ensure that the unit is in good condition, free
from evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or
breaks. When not inuse, the unit shall b kept locked. The owner and operator ofany premise on
which a unit is placed shall also be responsible to ensure that no hazardous substances shall be stored
or kept within the unit.
(e) Roll -off containers. It shall be unlawful for any person to place, or allow the placement of any roll -off container
for the purpose of construction debris disposal on a premise in which they own, rent, occupy,orconbo|wiOhoud
first having obtained a building permit for construction associated with the premise. A roll -off container shall be
placed only in a driveway or a parking area on an approved surface. A permit for the placement of a roll -off
container shall be required.
(f) Garbage dumpsters.Frmntornear-|oadeddumpstemaheUbuendoeedorucremnedbyefonoeorwa||andout
ofpublic view.
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Sec. 78-37. - 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 collection bin located outside in or on any lot, parcel or tract of land in any zoning district. A donation
collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to
accept and store donated items; provided, however, the definition of donation collection bins shall not include trailers,
where personnel are present to accept donations.
(Ord. No. 2011-05, § 1, 2-22-2011)
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See. 33 -19. - Donation collection bins prohibited; exceptions.
(a) Donation collection bins hshall bo unlawfulhodeposit, store, keep or maintain or to
permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of
land or body of water in any zoning district. A donation collection bin is hereby defined as a receptacle
designed with ~ door, slot ~. other opening and which _' intended _ accept and store _donated items; provided,
however, the definition of donation collection bins shall not include non -motorized vehicles which comply with
the following criteria:
(i) The non -motorized vehicles must be operated by an organization whichh incorporated as a not
-for-profit organization under the laws of the State of Florida for a charitable purpose and which has
been declared exempt from the payment of federal income taxes by the United States Internal Revenue
Service;
(H) Personnel directly employed by or volunteers for thot-fop rofitorganizeUonmus\bopneoentsdUhe
non -motorized vehicles at least five days a week (except holidays) to accept donations;
(iii) The monetary proceeds resulting from the sale of donations collected at a non -motorized vehicle must
beused inaccordance with the organization's charitable purpose pursuant t (o)(i)tu
benefit persons within the boundaries of Miami -Dade County or outside of Miami -Dade County to
provide emergency relief for victims ofnatural, man-made oreconomic disasters;
(iv) The operationo<thenon'motorizedvehic|ma.theooUeotionanddiatribuUonufdonationaandpnocaedm
thereof must be conducted by said not-for-profit organization and not by a licensee, subcontractor or
agent ofthe not4bppmfitorganization; and
(v) The non -motorized vehicles shall be located on sites in accordance with the requirements of Section 33
-238(5); provided further that said non -motorized vehicles shall operate in a safe manner, be neat in
appearance, well maintained, free of graffiti, fully painted and shall be buffered from adjacent properties
byon-site landscaping, walls orsimilar screening; and
(vi) For each non -motorized vehicle said not-for-profit organization shall submit a declaration of use in a
form meeting with the approval of the Director in connection with the issuance of an annually renewable
certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing
conditions.
Non -motorized vehicles which comply with the foregoing criteria are not required to be shown on site
plans which are required by the Code to be submitted for approval atpublic hearing orbyadministrative
site plan review.
(b) Designation of enforcement officer. The Director shall designate an enforcement officer who shall be
responsible for the removal ofdonation collection boxes.
(c) Notification. Whenever the enforcement officer ascertains that a donation collection bin is present on any
property within unincorporated K8iami-DedaCounty.theoMiooruho||omumeonotipetobep|aoedonouchbinin
substantially the following form:
NOTICE
This donation collection bin is unlawfully upon property known as(setting forth brief description of
location) and must beremoved within seventy-two (72) hours from the time ofthis notice. Failure ho
remove the bin shall result in the removal and destruction of the bin by order of Miami -Dade County.
Dated this: (setting forth the date, time nfposting ofthe notice)
Signed: (setting forth name, with the address and telephone number of the enforcement officer). Such
notice shall benot less than eight (8)inches byten (1O)inches and shall besufficiently weatherproof to
withstand normal exposure tothe elements.
(d) Removal of donation collection bin. If at the end of seventy-two (72) hours after posting of such notice, the
donation collection bin has not been removed from the property, the enforcement officer shall cause the bin to
be removed.
(e) Assistance ofMiami-Dade Police Department, |fthemnfbrcementofDoerieunab|e\omuoceasfbUyremovea
donation collection bin subject to seizure under this section, the enforcement officer or his designated
representatives may secure the assistance of the Miami -Dade Police Department toeffect the removal ofsaid
bin.
(f) Obstructing an enforcement officer in the Whoever opposes, obstructs orresists the
enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a
misdemeanor of the second degree and shall be subject to punishment as provided by law.
(g) Destruction of donation collection bin. Whenever a donation collection bin remains unclaimed as provided in
Subsection (d) above, it shall be destroyed by order of Miami -Dade County. The contents of the bin may be
destroyed ordonated tocharity.
(h) Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the donation
collection bin. The enforcement officer may institute a suit to recover such expenses against the bin owner.
(i) Responsibility for compliance. The owner of the donation collection bin and the tenant and/or owner ofthe
property on which the bin is maintained shall be responsible for compliance with this chapter.