HomeMy WebLinkAboutOrdinance No. 05-2008ORDINANCE NO. 05-2008
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING ARTICLE III OF CHAPTER 22,
COMMUNITY DEVELOPMENT, OF THE CITY CODE
RELATED TO COMMUNITY APPEARANCE REVIEW TO
CLARIFY WHICH DEVELOPMENT PROJECTS ARE
SUBJECT TO COMMUNITY APPEARANCE BOARD
REVIEW; 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 b
yp y
law; and
WHEREAS, Article III, Chapter 22 of the City Code sets forth a comprehensive community
appearance review procedure in furtherance of preserving and improving the City's aesthetic
appearance, beauty and character, so as to ultimately enhance the quality of life and civic pride of
all people who reside, work, vacation, or spend time in the City; and
WHEREAS, on February 18, 2003, the City Cou ncil adopted Ordinance 04 -2003 amending
section 22 -40 of the City Code to require that any changes to exterior building or roof colors in onl
the - _ _ ---�
C 1, 2, or M I zoning districts be subject to community appearance review; and
WHEREAS, the City Council desires to further amend Section 22 -40 to clarify which
development within the City is subj ect to Community Appearance Board review and approval before
permits are issued; 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 22, Community Development, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type
indicates additions and type indicates deletions, while asterisks indicate a deletion
City of Cape Canaveral
Ordinance No. 05 -2008
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from this Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 22. COMMUNITY DEVELOPMENT
ARTICLE III. COMMUNITY APPEARANCE REVIEW
Sec. 22 -40. Approval prerequisite for permits.
( exception, the following shall be approved by the Community Appearance Board
before a permit is issued for development of property which has an exterior, visual im acct
or effect on the comm.unity:
X11 All plans, elevations and proposed sins for buildings or structures within any
zoning district, or any alterations thereto.
( 2) Exterior building and roof colors for non - residential development within the I
C -2, and M- I zoning districts, or ,any alterations ,thereto
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Section 3. 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 4. 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 5. Severability, If any section, subsection, sentence, clause, phrase, word or
City of Cape Canaveral
Ordinance No. 05 -2008
Page 2 of 3
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, , whether for substantive, procedural, or an other reason, on, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall hall 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.
p ,
ADOPTED- by the City Council of the City of Cap Canaveral Florida this
April, p � �s 15th day of
p , 2008.
ATTEST: - .
SUSAN STILLS, City Clerk
First Reading: Aril 1 2008
Legal Ad published: Aril 5 2008
Second Reading: Aril 15 2008
Approved to legal form and sufficiency for
the Cit anaveral only:
ANTHONY A. GARGANESE, City Attorney
ROCKY RANDE S, Mayor
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
C. Shannon Roberts
For Against
Second
X
Motion
X
City of Cape Canaveral
Ordinance No, 05 -2008
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