HomeMy WebLinkAboutcocc_ordinance_no_01-2020_202002181 ORDINANCE NO. 01-2020
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE
5 CITY CODE TO ESTABLISH LOCATIONAL, DESIGN AND
6 OPERATIONAL REQUIREMENTS FOR SELF-SERVICE STORAGE
7 FACILITIES WITHIN THE CITY; ADOPTING CONFORMING
8 AMENDMENTS TO THE ZONING CODE INCLUDING REVISING
9 DEFINITIONS AND EXISTING STORAGE REGULATIONS;
10 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
11 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
12 CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
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14 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
15 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
16 law, and the City's inherent police power to establish zoning regulations within the jurisdictional
17 limits of the City of Cape Canaveral; and
18 WHEREAS, due to modern trends in siting and tenant demand, for high quality climate
19 controlled self -storage units for dead storage of goods and property within the City, the City
20 Council finds it to be in the City's best interest to provide for the future consideration of additional
21 limited locations for self-service storage facilities pursuant to the siting, design and operational
22 requirements set forth in this Ordinance; and
23 WHEREAS, the City's Land Planning Agency conducted a public hearing to consider this
24 Ordinance on August 21, 2019, and after receiving testimony and evidence and deliberating about
25 the merits of the Ordinance, recommend that the City Council adopt the Ordinance; and
26 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
27 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
28 Cape Canaveral.
29 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
30 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
31 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as
32 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
33 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral,
34 Florida, is hereby amended as follows: (underlined type indicates additions to the City Code and
35 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
City of Cape Canaveral
Ordinance No. 01-2020
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1 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
2 and set forth in this Ordinance shall remain unchanged from the language existing prior to
3 adoption of this Ordinance):
4 CHAPTER 110 — ZONING
5 ARTICLE I. — IN GENERAL
6 Sec. 110-1. — Definitions.
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8 for the storage or parking of automobiles. Service other than storage at such storage garage
9 shall be limited to lubrication, washing, waxing and ejWhen u eel for rA,ch a urpeso
10 such property may not be used in combination with any other use, with the exception of mini
11 storage.
12 MiniSelf-Service Storage Facilities means an establishment containing separate the renting of
13 storage spaces that are leased or rented to customers as individual units. The term is synonymous
14 with mini -warehouses, mini -storage, self -storage facilities and self -storage warehouse. which i-s
15 utilized for the incidental storage of personal effects, which space shall not exceed 280 square
16 feet of net floor arca. When used for such a purpose, such property may not be used in
17 combination with any other use, with the exception of storage garage.
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20 ARTICLE VII. — DISTRICTS
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22 DIVISION 7. — M1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT
23 Sec. 110-352. - Principal uses and structures.
24 In the M-1 Tight industrial and research and development district, the following uses and
25 structures are permitted, provided any use or group of uses that are developed, either
26 separately or, if developed as a unit with certain site improvements, shared in common, meet
27 requirements of article IX of this chapter:
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(4) Ministorage and storage garages. Self -Service Storage Facility, subject to the
requirements of section 110-459 of this Code.
City of Cape Canaveral
Ordinance No. 01-2020
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2 ARTICLE IX. — SUPPLEMENTARY DISTRICT REGULATIONS
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4 Sec. 110-459. —Self-Service Storage Facilities. Min:...areho..se/personal property storage
5 fa,�ilities.
6 (a) Storage buildings shall be subdivided by permanent partitions into spaces containing not more
7 than 300 square feet each. (b) Storage of goods shall be limited to personal property with no retail
8 sales, service establishments, offices, apartments (other than manager's office and apartment),
9 commercial distribution or warehousing allowed. (c) The minimum lot size shall be not Tess than
10 two acres. (d) If the facilities arc lighted, lighting shall be designed and installed so as to prevent
11 glare or e, erosive r„ht on jaeent proper+., No source of illumination shall be allowed if such
12 source of illumination would be visible from a residentially zoned district to the extent that it
13 interferes with +he residential , ire „f +hat ar a. (e) Minimum yard requirements: (i) Front-30 feet.
14 (ii) Side and rear —Zero feet if adjacent to a commercial district; 15 feet side yard and ten feet rear
15 yard if adjacent to residential distrie+ (f) Perimeter Iandscapinn adiaeent t„ streets: All vehicular
16 use areas (VUAs) which are not entirely screened by an intervening building from any abutting
17 dedicated public street, to the extent such areas arc not so screened, shall contain the following:
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19 (VUA) street frontage; (ii) No less than one tree, of four inch caliper or greater, located within 25
20 feet of the street right of way, for each 25 linear feet, or fraction thereof, of VUA street frontage.
21 The intent and purpose of this Section is to provide minimum design and operational
22 requirements for self -storage facilities located within the City.
23 (a) Design Standards. After the 18th day of February, 2020, the following minimum design
24 shall apply to the construction of new self-service storage facilities or, to the maximum extent
25 feasible, the expansion or redevelopment of existing self-storaqe facilities. Such minimum
26 standards shall be in addition to other applicable design standards (e.g., EOOD, aesthetic review
27 process):
28 (1) Storage facilities are permitted only in multi -story structures designed to emulate office
29 buildings compatible and in harmony with applicable aesthetic standards including the
30 Economic Opportunity Overlay District standards.
31 (2) Storage facilities shall be designed to ensure that access to individual storage units is
32 only available from an interior corridor of the buildinq(s). Individual storage units shall not
33 exceed 300 square feet of net floor area.
34 (3) The main office entrance of the storage facility for design purposes shall be located at
35 ground level and oriented towards the street side. The main office entrance foyer shall contain
36 a minimum interior space dimension of at least 10 feet in height and 500 square feet in size.
City of Cape Canaveral
Ordinance No. 01-2020
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1 This space shall be used as the main entrance foyer for customers. However, up to 25% of
2 this space may also be used for storage supply sales and office use to support the rental of
3 the storage units.
4 (4) If the storage facility abuts residentially zoned property or existing residential
5 development, the facility loading bays, docks or doors shall not be located on any side
6 abutting the residentially zoned property or residential development and shall not be
7 visible from said residential property.
8 (5) Access to interior common areas via loading bays, docks, or doors may not be located on
9 a street facing side of a building.
10 (6) Storage facility access shall be secured such that access to the individual storage units shall
11 only be gained after entering the building through a secured access point. Fences and walls
12 including entry gates shall be constructed of high quality materials and shall be compatible
13 and in harmony with the design and materials of the facilities and site. Decorative metal or
14 wrought iron fences are preferred. Chain -link or similar fences, barbed wire or razor wire
15 fences and walls made of precast concrete are prohibited. Fences or walls are not allowed
16 between the main or front building on the site and the street.
17 (7) Storage facility buildings shall be surfaced in high quality materials compatible and in
18 harmony with the site. Unfaced concrete block, painted masonry, tilt -up and pre -cast
19 concrete panels and prefabricated metal sheets are prohibited. Prefabricated buildings are
20 not allowed.
21 (8) Exterior colors, including any internal corridors or doors visible through windows, shall be
22 muted tones.
23 (9) The facade of the storage facility building shall have exterior vertical surfaces with at least
24 fifty (50) percent of the area covered by a material or combination of materials such as
25 decorative brick veneer, stone, stucco, textured block or similar decorative materials. All
26 materials shall be of high quality.
27 (10) Storage facility buildings shall be clad with a mix of durable, low maintenance materials
28 that convey the appearance of high quality. Upon final compatibility and harmony approval
29 by the Community Appearance Board, allowed cladding materials shall include high grade
30 metal composite materials with a factory -applied finish, brick, brick veneer, stone, simulated
31 stone, stucco, cement fiberboard, and concrete masonry units with integrated color, provided
32 the outer surface is either split face or ground faced, or a combination of the two. Prohibited
33 cladding materials include unbacked, non -composite sheet metal products (e.g., standing-
34 seam metal or flat panels that can be easily dented), smooth faced concrete masonry units
35 that are painted or unfinished, board or batten siding, plastic or vinyl siding or unfinished
36 wood.
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Ordinance No. 01-2020
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1 (11) Storage facility buildings resembling long, traditional warehouse buildings are prohibited.
2 (12) Streetscape landscaping required by the City Code shall not be fenced.
3 (13) Electrical service to the storage units shall be for lighting and climate control only. No
4 electrical outlets are permitted inside individual storage units. Lighting fixtures and switches
5 shall be of secure design that will not allow the tapping of fixtures for other purposes.
6 (14) The minimum lot size shall be not less than one and one-half (1.5) acres.
7 (15) The following images are demonstrative examples of multi -story structures designed to
8 emulate office buildings:
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City of Cape Canaveral
Ordinance No. 01-2020
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3 (b) Operational Requirements. The following minimum operational standards shall apply to
4 self-service storage facilities and tenants of individual storage units:
5 (1) Individual storage units shall not be used for activities such as residences, offices,
6 workshops, studios, or hobby or rehearsal areas. Further, storage units shall not be used for
7 manufacturing, fabrication or processing of goods, services or repair of vehicles, engines,
8 appliances or other equipment, or any other industrial activity whatsoever. In addition,
9 storage units shall not be used for commercial activity or places of business of any kind
10 including, but not limited to, retail sales, garage or estate sales, or auctions.
11 (2) Storage of flammable, explosive, perishable or hazardous materials within individual
12 storage units and on site is prohibited.
13 (3) The storage of gasoline powered motor vehicles within an individual storage unit is
14 prohibited.
15 (4) Keeping of animals is prohibited.
16 (5) Storage facilities shall not operate or allow tenant access between the hours of 10:00 p.m.
17 and 6:00 a.m.
18 (6) All goods and property shall be stored in an enclosed building. Outdoor storage of goods
19 and property shall be prohibited.
20 (7) Temporary storage units or shipping containers are prohibited on the property except as
21 provided under Section 82-400 of the City Code.
22 (8) Storage facilities shall have security access control to buildings and individual storage units
23 and enhanced electronic video surveillance of the property.
24 (9) Rental agreements shall provide tenants with written notice of the minimum operational
25 standards set forth in this section and any other conditions imposed by the City.
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City of Cape Canaveral
Ordinance No. 01-2020
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1 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
2 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
3 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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5 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
6 Canaveral City Code and any section or paragraph, number or letter and any heading may be
7 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
8 like errors may be corrected and additions, alterations, and omissions, not affecting the
9 construction or meaning of this Ordinance and the City Code may be freely made.
10.
11 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
12 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
13 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
14 a separate, distinct and independent provision, and such holding shall not affect the validity of
15 the remaining portions of this Ordinance.
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17 Section 6. Effective Date. This Ordinance shall become effective immediately upon
18 adoption.
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21 2020.
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24 Bob Hoog, Mayor
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26 ATTEST:
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of February,
30 Mia Goforth, CMC"
31 City Clerk
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33 Planning & Zoning Board
34 Hearing: August 21, 2019
35 First Reading: January 21, 2020
36 Advertisement: February 6, 2020
37 Second Reading: February 18, 2020
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39 Approved s o legal form and sufficiency
40 for the ity ape Canaveral only by:
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43 Anthony A. Garganese, City Attorney
Against
Mike Brown x
Robert Hoog
Mickie Kellum Motion
Wes Morrison frond
Angela Raymond x
City of Cape Canaveral
Ordinance No. 01-2020
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For