HomeMy WebLinkAboutcocc_ordinance_no_20-2024_202411191 ORDINANCE NO. 20-2024
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
4 BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 82 BUILDINGS AND
5 BUILDING REGULATIONS TO ADOPT REGULATIONS TO ALLOW THE
6 CONSTRUCTION AND INSTALLATION OF ROOFTOP AMENITIES ON
7 MULTIFAMILY, MIXED -USE, AND COMMERCIAL BUILDINGS WHICH
8 SATISFY THE REQUIREMENTS SET FORTH IN THIS ORDINANCE;
9 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
10 AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY;
11 AND AN EFFECTIVE DATE.
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13 WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State
14 Constitution to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
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17 WHEREAS, due to the City's limited and compact geographical area, the City Council finds
18 that there is a need within the City of Cape Canaveral for additional outdoor amenity space for
19 residents and visitors; and
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21 WHEREAS, the City Council further finds that one option to increase outdoor amenity
22 space is to allow better use of the roof space of suitable buildings so that, rather than strictly
23 serving a utilitarian function, these spaces can be improved and accessed as a place for building
24 occupants to be outside and interact with the community; and
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26 WHEREAS, rooftops are often underutilized spaces that can provide significant value to
27 maximize the use of available space without needing additional land; and
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29 WHEREAS, this Ordinance is intended to provide more flexibility for rooftop amenities on
30 suitable multifamily, mixed -use, and commercial buildings; and
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32 WHEREAS, taller buildings tend to have the structural capacity to safely support additional
33 loads from rooftop amenities and to take advantage of attractive and desirable views; and
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35 WHEREAS, the purpose of this Ordinance is to permit rooftop amenities that provide
36 residents and visitors with opportunities to relax, socialize, and engage in recreational activities in
37 an outdoor environment that enhances the overall quality of life in the city of Cape Canaveral.
38 These amenities are intended to make buildings more attractive and livable, without causing any
39 negative visual or noise impacts on neighboring properties or from ground level; and
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41 WHEREAS, the City Council deems the adoption of this Ordinance is in the best interests
42 of the public health, safety, and welfare of the citizens of Cape Canaveral.
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City of Cape Canaveral
Ordinance No. 20-2024
Page 1 of 4
1 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
2 HEREBY ORDAINS AS FOLLOWS:
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4 Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are
5 hereby fully incorporated herein by this reference as a material part of this Ordinance.
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7 Section 2. Adopting Chapter 82, Article VII Rooftop Amenities of the City Code. The City
8 Council of the City of Cape Canaveral hereby adopts Chapter 82, Article VII Rooftop Amenities of
9 the Cape Canaveral Code of Ordinances, (underlined type indicates additions to and strikcthrough
10 type indicates deletions from the existing text in Chapter 82, while*** indicate deletions from this
11 Ordinance of said Chapter 82 Buildings and Building Regulations that shall remain unchanged in
12 the City Code):
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14 Chapter 82 — BUILDINGS AND BUILDING REGULATIONS
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16 ***
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18 ARTICLE VII. — RESERVED ROOFTOP AMENITIES.
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20 11 The intent and purpose of rooftop amenities are to utilize underused rooftop space on
21 suitable buildings, offering additional outdoor areas for residents, tenants, or guests
22 without expanding the building's footprint. Rooftop amenities will provide opportunities
23 to relax, socialize, and enjoy recreational activities in an outdoor environment, enhancing
24 the overall quality of life and making the building more attractive and livable. These areas
25 will be designed in some cases to offer less obstructed views of the city, Banana River,
26 Atlantic Ocean, surrounding landscapes, and space launches, and to have minimal or no
27 visual or sound impact on surrounding properties. Rooftop amenities are not intended to
28 increase the building's story height or accommodate functions that could otherwise
29 occupy enclosed spaces within the building such as, but not limited to, fitness centers,
30 spas, enclosed restaurants, locker rooms, retail shops, and other similar uses.
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32 11)Rooftop amenities shall be permitted on any commercial, mixed -use, and multifamily
33 building located within the A1A Economic Opportunity Overlay District, provided the
34 amenities are customarily associated with or incidental and accessory to the primary use(s)
35 of the building. The area on the rooftop shall be considered a rooftop amenity area.
36 Within the rooftop amenity area, the following shall apply:
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38 (1) The construction and installation of any rooftop amenity shall be subject to applicable
39 building, fire, site plan, and zoning approvals.
40 (2) When the rooftop amenities are constructed and installed on a multi -family building
41 or for residents living in a mixed -use building, the amenities shall serve the use and
42 enjoyment of all residents of the building and shall not provide exclusive use to any
43 specific units. Rooftop amenities constructed and installed on a commercial building
City of Cape Canaveral
Ordinance No. 20-2024
Page 2 of 4
1 or for commercial use in a mixed -use building, the rooftop amenities shall be
2 associated with an establishment doing business within the building.
3 (3) All structures shall be architecturally compatible and integrated with and in proportion
4 to the architecture and massing of the overall building design.
5 (4) Amenities may be permitted to exceed the maximum height of the building by a
6 maximum of twelve (12) feet. However, elevator/stair equipment may exceed the
7 maximum height of the building by a maximum of fifteen (15) feet.
8 (5) Rooftop amenities shall not be enclosed and must be suitable for open-air activities
9 such as outdoor dining areas, swimming pools, hot tubs, lounge areas, gardens,
10 terraces, observation decks, courts, cooking facilities, bars, dog runs, or similar passive
11 outdoor activities.
12 (6) Rooftop amenities may include open-air shade structures such as cabanas, gazebos,
13 pergolas, or trellises that are at least fifty (50) percent open to the sky. In addition, one
14 or more covered roof structures (exclusive of elevators and stairwells) may be
15 permitted provided the total amount of the covered roof coverage does not exceed a
16 maximum 200 square feet. Sturdy umbrellas may be permitted if anchored in place,
17 ensuring it remains stable and resistant to movement, even in windy conditions.
18 Umbrellas shall be stored when the rooftop amenity area is not under supervision or
19 in use or during storms. Accessory structures and equipment such as landscape
20 planters, decking, bar counter, seating, tables, televisions, play equipment, kitchen
21 elements, and other similar structures and equipment are permitted. Lighting fixtures
22 are permitted provided the lights are fully shielded and directed downward so that the
23 light source is concealed from surrounding properties. In addition, roof -top lighting,
24 if visible from the beach, must comply with the city's lighting guidelines pertaining to
25 sea turtle protection.
26 (7) Roof top amenity areas are still considered rooftops and shall be subject to the roof
27 top sign prohibition set forth in Chapter 94 of the City Code.
28 (8) A protective and structural barrier shall be installed on the rooftop, designed to
29 provide safety to rooftop occupants, as required by the building official in accordance
30 with the Florida Building Code.
31 ***
32 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
33 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
34 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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36 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
37 Canaveral City Code and any section or paragraph, number or letter, and any heading may be
38 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
39 like errors may be corrected and additions, alterations, and omissions, not affecting the
40 construction or meaning of this ordinance and the City Code may be freely made.
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City of Cape Canaveral
Ordinance No. 20-2024
Page 3 of 4
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1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 19th day of November, 2024.
ATTEST:
427
Mia Goforth, CMC,
City Clerk
Approved as to legal form and sufficiency
For the ty of Cape Canaveral only by:
thony A. Garganese, City Attorney
First Reading: October 15, 2024
Advertisement: November 7, 2024
Final Reading: November 19, 2024
Wes Morrison, Mayor
Name
Kim Davis
Kay Jackson
Mickie Kellum
Wes Morrison
Don Willis
City of Cape Canaveral
Ordinance No. 20-2024
Page 4 of 4
FOR AGAINST
Second
X
Motion