HomeMy WebLinkAboutOrdinance No. 07-2003 ORDINANCE NO 07 -2003
(1.0e AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTIONS 22 -37, 22 -43, AND 22 -44
OF THE CAPE CANAVERAL CODE RELATING TO THE
COMMUNITY APPEARANCE BOARD; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive
review of the City Code to update the City Code; and
WHEREAS, during the review of Chapter 22 of the City Code, the City Council determined
that several updates to Chapter 22 are necessary; and
WHEREAS, the City Council hereby finds that the Chapter 22 updates contained herein are
in the best interest 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:
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Ce 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, is hereby amended as follows: (underlined type indicates additions and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from the 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 HI. Community Appearance Review
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Sec. 22 -37. Board established; membership; qualifications of members.
(a) Established. There is hereby established a community appearance board which shall
consist of five members who shall serve without compensation and two alternate members who may
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Ordinance No 07 -2003
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s4 participate in discussion, but may not vote unless substituting for a voting member who is absent.
s � Members of the board shall be appointed by majority vote of the city council. Voting members shall
�✓ s be appointed for staggered terms_, . . • - . . .. . . ,
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i„cinbers shall sei ve a terns of 1h, a years. The, caller, aAll members shall serve a
three -year term. There shall be no restriction placed upon the number of terms that an individual
member may serve. Alternate members shall serve three -year terms.
Sec. 22 -43. Notice of approval or denial.
* **
(b) Approvals by the board shall be valid for a maximum of 12 months from the date the
board renders its approval at a public meeting. If the applicant fails to obtain a building permit within
the 12 -month period, the board's approval shall expire at the end of the period. However, once a {`
building permit is issued, the approval shall be valid for a time period equal to the permit and shall
expire only if the building permit expires. Notwithstanding the aforesaid, the board may approve
extensions for good cause shown including, but not limited to, a building permit application pending
with the city related to the approval, natural disasters, and reasonable permitting and construction
delays.
Sec. 22 -44. Application criteria.
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(2) Level 2 review (commercial, residential subdivisions, four or more multifamily
residential and industrial not covered in level 1):
a. Vicinity map locating all zoning classifications, including orientation of all
color photographs;
b. For new development of unimproved property, a rendered concept plan
depicting, in detail, location of landscaping and all the elements on the site;
c. All preliminary elevations;
d. Materials, texture and colors board depicting location of colors; and
e. Minimum of three color photographs of site and setting.
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Ordinance No. 07 -2003
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
; c„, 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.
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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.
1 Section 5. Severabili If an section, subsection, sentence, clause, phrase, word or provision P p
of this ordinance is for a ny 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption
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by the City Council of the City of Cape Canaveral, Florida.
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 4th day ofMarch, ,
2003.
Cl....
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ROCKY RA LS, Mayor
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ATTEST':. • I For Against
Bob Hoog X 3
Jim Morgan Second �
ln' i Buzz Petsos Motion
SUSA ST i Ii S City Clerk Rocky Randels X f
Richard Treverton X
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First Reading: 2/18/03
Legal Ad published: 2/22/03
Second Reading: 3/4/03
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Approved as to legal form and sufficiency for
the C of : pe Canaveral only
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ANTHONY A. GARGANESE, City Attorney
F: \Docs \City of Cape Canaveral \ Ordinances \Chapter22_Amend_07- 2003.wpd ,
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City of Cape Canaveral f
(100. Ordinance No. 07 -2003 f
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