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Home My WebLink AboutOrdinance No. 04-2003 ORDINANCE NO. 04 -2003 Cof AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, V RAL, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR BUILDING COLORS WITHIN THE C -1, C -2 AND M -1 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and .Y 3 + WHEREAS, the City may legislate to protect the appearance of its community as a legitimate exercise of its inherent police power. City of Sunrise v. D.C.A. Homes, Inc., 421 So.2d 1084 (Fla. 4 DCA 1982) ; and WHEREAS, the City has a legitimate need to ensure the aesthetic uniformity of its community by regulating the exterior colors of buildings located in areas having a future commercial, light industrial or manufacturing land use designation; and WHEREAS, the City Council finds that establishing regulations concerning the aesthetic appearance of exterior building colors in commercial, light industrial and manufacturing zoning districts will promote the overall aesthetic uniformity, consistency, and appearance of such districts; and WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995); 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: City of Cape Canaveral (re Ordinance No. 04 -2003 Page 1 of 5 3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 22 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance oftext 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 1 Article III. Community Appearance Review * ** Sec. 22 -40. Approval prerequisite for permits. (a) Without exception, all plans, elevations, and proposed signs for buildings or structures, and exterior building and roof colors within the C -1, C -2, and M -1 zoning districts, or alterations thereto, shall be approved by the community appearance board, or by the city council under { limited circumstances provided in this article, before a permit is issued for any building, structure, sign or other development of property, or appurtenances or alterations thereto, which have an exterior visual impact or effect on the community. * * * Sec. 22-42. Procedure. * * * (c) Conduct of hearing; approval or denial. At the designated public hearing, the community appearance board shall hear the applicant on the proposed application, and shall hear from ry members of the general public in accordance with the rules and procedures adopted by the city council and the board. During the public hearing, the applicant may be present in person or by counsel, and the applicant has the right to present evidence in support of his position and cross examine adverse witnesses whose testimony is offered at the hearing. The community appearance board may approve, approve with conditions, or disapprove the application only after consideration of whether the following criteria are complied with: (1) The plans and specifications of the proposed project indicate that the setting, landscaping, ground cover, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the fr community. City of Cape Canaveral Ordinance No. 04 -2003 Page 2 of 5 (2) The plans for the proposed building or structure are in harmony with any future development which has been formally approved by the city within the surrounding area (3) The plans for the proposed building or structure are not excessively similar or dissimilar to any other building or structure which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within 500 feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to materials, roof line and height or design elements. (4) The plans for the proposed building or structure are in harmony with the established character of other buildings or structures in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. (5) The proposed development of the building or structure is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Cape Canaveral, and other applicable federal, state or local laws. Within the C -1, C -2, and M -1 zoning districts, any exterior building or roof color used shall be well designed and integrated with the architectural style of the building and surrounding landscaping in order to create a subtle and harmonious effect and promote aesthetic uniformity within the district. Bright or brilliant colors shall not be permitted except for use as an accent color within the C -1, C -2, or M -1 zoning districts. * * * 1 Sec. 22 - 44. Application criteria. Upon an application created by the building official, an applicant shall submit the following application criteria to the building official for consideration by the community appearance board: * * * City of Cape Canaveral Ordinance No 04 -2003 Page 3 of 5 .) Level 3 review (Change of exterior building or roof color upon commercial buildings or structures within the C -1, C -2, or M -1 zoning districts): a. Vicinity map locating all zoning classifications, including orientation of all color photographs b. Materials, texture and color board depicting location of colors; and c. Minimum of three color photographs of site and setting (surrounding area). 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 5. 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. 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. [Left blank intentionally, adoption next page] t r t I City of Cape Canaveral Ordinance No 04 -2003 Page 4 of 5 i i 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of February, 2003. i Co c_.\,..., CRQ,,,...Q.Q, 1 ; ‘ i ,_. Rocky Randels, Mayor 1 i ATTEST: For Against Bob Hoog Motion Jim Morgan Second Sus n Stills, City Clerk Buzz Petsos X 9 - ? ^` Rocky Randels X Richard Treverton X First Readin g: 2/4/03 :r Legal Ad published: 2/8/03 1 Second Reading: 2/18/03 1 I Approved as to legal form and sufficiency for i the City ape Canaveral only: J Anthony A. Garganese, City Attorney ,„ (t., 1 i 1 1 4 1 4 4 I i I F: \Don \City of Cape Canaveral \ Ordinances \ Color_Regulation.wpd i 4 1 1 i I City of Cape Canaveral Ordinance No. 04 -2003 Page 5 of 5 i I 1 1 t i i