HomeMy WebLinkAboutOrdinance No. 13-2011 i
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ORDINANCE NO 13 -2011
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
l BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF
ORDINANCES TO REORGANIZE AND STREAMLINE THE
CITY'S DEVELOPMENT REVIEW PROCESS AND TO
MODIFY THE COMPOSITION AND DUTIES OF CERTAIN
CITY BOARDS; AMENDING CHAPTER 2,
ADMINISTRATION, RELATED TO BOARDS,
COMMITTEES AND COMMISSIONS; AMENDING
CHAPTER 22 RELATED TO COMMUNITY
DEVELOPMENT; AMENDING CHAPTER 46, RELATED TO
I THE LIBRARY BOARD; AMENDING CHAPTER 54
RELATED TO PARKS AND RECREATION; AMENDING
I CHAPTER 110, RELATED TO THE BOARD OF
ADJUSTMENT AND PLANNING & ZONING BOARD, AND
RELATED TO LAND USE DECISIONS AND SITE PLANS;
I 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 1
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
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WHEREAS, the City desires to improve the quality and efficiency of its development review
process in an effort to make it more user friendly, less costly and time consuming, and to support job
growth and economic development in the City; and
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WHEREAS, in order to facilitate these improvements, the City desires to reorganize and
streamline its development review process by modifying certain development review procedures as
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WHEREAS, the City additionally desires to restructure the composition and duties of its
appointed boards and committees as set forth herein; and
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1 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.
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) BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
1 County, Florida, as follows: 1
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City of Cape Canaveral
I Ordinance No. 13 -2011
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1 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
I reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Chapter 2, Administration. Chapter 2, Administration, 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 this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
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CHAPTER 2. ADMINISTRATION
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1 ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS
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1 DIVISION 1. GENERALLY
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Sec. 2 -171. Uniform procedures and requirements.
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i (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall
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have the following meaning:
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4 (1) Registered voter shall mean a person duly registered to vote in city elections
at all times while serving on a board or committee.
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1 (2) Resident shall mean any person living within the city limits at all times while
serving on a board or committee, and at least 12 months prior to being nominated,
elected or appointed to the board or committee.
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f) Business owner shall mean any person who possesses the exclusive right to
hold, use, benefit from, enjoy, convey, transfer, and otherwise dispose of an asset or
property of a business located within the City, or a designated employee of that
business.
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(c) Requirements of board and committee members. Any person nominated, elected or
appointed to serve on a board or committee of the city shall satisfy the following
requirements:
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(1) Complete a board or committee application as prescribed by the city council;
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City of Cape Canaveral 1
1 Ordinance No. 13 -2011 1
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(2) Consent to a standard criminal background check, at the discretion of the city
1 council;
1 I (3) Be a resident and registered voter, or business owner, as defined by this
section unless the city council by unanimous vote waives this requirement upon a
determination that a vacancy on a board or committee must be filled by a person with
I specialized skills and training and a resident and registered voter, or a business
owner, with such skills and training cannot be reasonably found to fill the vacancy.
If said requirement is waived, the vacancy shall only be filled by a person who is a
1 resident of the city or who owns a business or real property within the city; and
Have never been convicted or found guilty, regardless of adjudication, of a
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felony in any jurisdiction, unless their civil rights have been restored. Any plea of
1 nolo contendere shall be considered a conviction for purposes of this paragraph; and-
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(5) Complete interviews with the board or committee on which the person is
seeking appointment and with the city council.
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1 i (d) Limitation on number of nonresidents serving on boards and committees.
1 Notwithstanding the foregoing, there shall be no more than 2 voting board or committee
1 members not satisfying both the residency and registered voter requirements allowed to be
appointed or elected to • . . . • • • • : 1111 I •
acid icgistci►,.1 vuLl 1 . q u;ieineiits of this ,..cti.n, tl� L.cui 3. .1 Vt.. vii a particular board or
committee, with the exception of the business and economic development board, of which
only two (2) of the board members are required to be residents
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(f) Term. All board and committee members shall be appointed to serve a three -year
terms and may be reappointed by the city council for subsequent one (1) additional three -year
3 terms without 1 ;iii ; ; ui2. There shall be no limit on the total number of terms a board or
committee member may serve, except no person shall be appointed to more than two (2)
consecutive terms on the same board or committee unless no other qualified applicants
I submit applications seeking appointment. Notwithstanding, the city council may appoint a
member to a term of less than three years in order to stagger the terms of the entire board or
committee. If a member is removed, or vacates their appointment for any reason, including
death, excessive absence, or resignation, prior to the expiration of their term, the city council
1 may at its discretion appoint an individual to serve the remaining portion of the unexpired
term.
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1 City of Cape Canaveral
Ordinance No. 13 -2011
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1 Sec. 2 -172. Code of Conduct. D .... d &
In addition to adhering to the requirements of state law, any person appointed to serve as a
1 member of a city board or committee shall commit to the following code of conduct by written
affirmation, which shall remain on file with the city clerk, as follows:
I affirm that the proper statutory and City Charter role of members of appointed City
t boards and committees, as with any member of an appointed government body, is to act
collectively, not individually, to apply the city's governing policies, and that the city manager
1 and staff administer such policies.
Oj I understand that an appointed board or committee member does not manage the
1 affairs of the city. I will not intrude into daily operations or spheres of responsibility
designated by Florida Statutes, City Code, and City Charter to the city manager as the chief
executive officer; or undermine the city manager's lawful authority. Further, I understand
that the city manager is responsible for administering the policy direction established by a
majority vote of the city council and not the individual wishes of board or committee
members.
(c) I will represent the interests of the entire city when making decisions and will rely
upon available facts and my independent judgment. In my capacity as an appointed board
or committee member, I will avoid conflicts of interest and avoid using my official position
for personal, professional, or partisan gain.
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1 01 I will demonstrate dignity, respect, and courtesy toward those whom I am in contact
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with in my capacity as an appointed board or committee member. I will refrain from
intimidation and ridicule of fellow board or committee members, city council members, city
manager, city attorney, staff, citizens of the city, and city utility customers.
In my capacity as an appointed board or committee member, I will refrain from
inappropriate language including statements that are malicious, threatening, slanderous,
disparaging, mean - spirited, vulgar or abusive. All disagreements, concerns or criticisms
I shall be framed in language that is in keeping with the dignity and professionalism of an
appointed official and the honor of my respective city board or committee.
ff I will focus on solving problems. I will maintain appropriate decorum and
professional demeanor in the conduct of city business and work cooperatively and
j conscientiously with others as I request or receive information, examine data or weigh
alternatives in the decision - making process.
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I will demonstrate patience and refrain from demanding, interruptive access to staff
or immediate responses or services when requesting information that requires significant
staff time in research, preparation or analysis or that will result in staff neglect of urgent
duties. Such requests will be made through the city manager for scheduling and prioritizing
City of Cape Canaveral
Ordinance No. 13 -2011
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through consensus of my respective city board or committee.
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gi I will devote adequate time for preparation prior to my respective city board or
committee meetings and as much as possible, I will be in attendance at such meetings and
all other scheduled events where my participation is required.
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4 ill 1 will respect diversity and encourage the open expression of divergent ideas and
opinions from fellow board or committee members, city council members, city manager, city
i attorney, staff, citizens of Cape Canaveral, and city utility customers. I will listen actively 1
1 and objectively to others' concerns or constructive criticisms.
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1 will refrain from any individual action that could compromise lawfully authorized
1 decisions of the city or the integrity of the city and my fellow board or committee members.
j I will delineate clearly for any audience whether I am acting or speaking as an individual
citizen or in my capacity as a city board or committee member.
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f I will maintain the confidentiality of privileged information and will abide by all laws
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of the State of Florida applicable to my conduct as a board or committee member, including
but not limited to the Government in the Sunshine Law, the Florida Code of Ethics for Public
Officers, and city rules of procedure and codes of conduct.
1 L11 I will promote constructive relations in a positive climate with all members of the city i
1 council, city employees, city attorney, and city contractors and consultants consistent with
my role as a board or committee member, as a means to enhance the productivity and morale
of the city. I will support the city manager's decision to employ the most qualified persons
j for staff positions. I will recognize the bona fide achievements of the city council, city
manager, staff, city attorney, city contractors and consultants, business partners, and others
sharing in and striving to achieve, the city's mission.
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(m) I will enhance my knowledge and ability to contribute value to the city as a board or
committee member by keeping abreast of issues and trends that could affect the city through
reading, continuing education and training. I will study policies and issues affecting the city,
1 and will attend training programs if required by the city. My continuing goal will be to
improve my performance as a board or committee member.
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(n) I will value and assist my fellow board or committee members by exchanging ideas,
concerns, and knowledge through lawful means of communication. I will help build positive
i community support for the city's mission and the policies established by the city council.
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1 ) I will support and advocate for my beliefs, but will remain open to understanding the
views of others. I recognize that I share in the responsibility for all City decisions that my
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1 respective board makes and will accept the will of the majority.
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I As a board or committee member, I will always hold the best interests of the citizens
of the city and the public health, safety and welfare of the community in the highest regard. 1
City of Cape Canaveral
Ordinance No. 13 -2011
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i I will seek to provide appropriate leadership that nurtures and motivates city citizens to be
1 stakeholders in the affairs and achievements of the city.
I (q) I will be accountable to the city council for violations of this code of conduct.
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1 Sec. 2-172 2-173 - 2-180. Reserved.
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1 DIVISION 2. RESERVED BEAUTIFICATION BOARD
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1 Secs. 2-181. - 2-205. Reserved.
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beautification.
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i Section 3. Amendment to Chapter 22, Community Development Chapter 22,
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. Community Development, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby
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1 City of Cape Canaveral
1 Ordinance No. 13-2011
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a amended as follows (underlined type indicates additions and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion 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):
I CHAPTER 22. COMMUNITY DEVELOPMENT
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ARTICLE II. BUSINESS AND ECONOMIC CULTURAL DEVELOPMENT BOARD
Sec. 22 -27. - Established.
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The city establishes a business and economic cultural development board in and for the city.
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Sec. 22 -28. - Composition.
The business and economic Lultul al development board shall consist of seven (7) five regular
mem
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Sec. 22 -33. - Purpose and duties.
The business and economic tultuial development board shall have the purposes and duties
to:
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( 1) PiL,paic a. o1f11n.1cia11 Cd. ,t/C l ot,lnCZll plan and mub111it t11k, plan fu, appr oval to the.,ity
satisfying tliuJv iiodN. Th., plan ,hall tAiiitaiii, az a minimum, fin_ folltftki116.
a. A Sul vvy of v1.cibti11 uiniiii‘..ial v iitiliw lo.,atv.l iii tlly .,ity.
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b. All iiiNk..iitei y of cx1stia vacant space (baildiii and land) Atitablc for uc in
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pi ,.3.31.3131y 6 0ill 6 aii ati3f c.d of b1.111 ma b .,0111111.,1.,ial v11titivs uatsidc till., city.
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1 t)-- -----An aiialyuiz att.., uvv.13 and tl, p1 cliai atiull of a plan ff1 b1111 1118 n., W and
n.,.,dcd .,u111I1l.,lci Cirtci to the vity. Tl1is plan should also �vvl. 111 tl l.,d� of • CidialiCing tAiNting .,0111111.,1.,., FILJk ally local . • • • • • - • - • •
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City of Cape Canaveral
Ordinance No. 13 -2011
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(12) Provide recommendations to the city related to the implementation of the coa,,.,il- 1
I apt'`Jv .,ullllllI1.,ial redevelopment plan prepared in 2007, the recommendations of the
2009 Community Visioning Committee and its Vision Statement, and the Economic
Development Action Plan prepared in 2010 a di, ected and fu,idkd by the wumil.
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(23&) Confer with and advise the city Luuu.,il on all matters concerning the development
of commerce in th., .,qty. The board shall encourage high value business investment and job
1 creation in the city and advise the city on actions to undertake in accomplishing this goal.
Actions may include code revisions that remove barriers to development for desired
businesses, creation of development incentives such as a community redevelopment agency
1 and brownfields redevelopment program, creation of mixed use land use and zoning districts,
) revisions to current zoning districts to allow for desired types of development, among others.
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( 4) As may be requested, act as liaison for the city in the area of public relations with the
following:
a. Cocoa Beach Area RegionalChamber of Commerce.
1 b. Canaveral Port Authority.
c. Cuunty Economic Development Commission of Florida's Space Coast
1 Council.
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d. Other similar organizations or agencies which, in the opinion of the business
and economic Lultaial development board, would be appropriate for such liaison_.;
and the
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1 e. Biov Cultural Alliau.,.,.
1 (45) Determine from existing commercial enterprises in the city and interested outside
entities contemplating locating in the city the appropriate and necessary action the city should
take to enhance and encourage the further development of the city's commerce and
coordinate with and advise pertinent officials and boards in the city as to the implementation
of this action.
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(6) Advise the -cit the city inanagci of the advent of any new commercial
1 activity, i.e., new businesses, significant change in existing businesses, etc., in the city's
commerce in order that timely and appropriate recognition by the city can be effected.
I 0) Cooperate with all community groups, which are dedicated to orderly commercial
expansion of the city and furnish them with aid and advice as is deemed appropriate.
(7$) Generally, encourage in any manner the development of business, commerce,
industry and tourism in the city.
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City of Cape Canaveral
Ordinance No. 13 -2011
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(89) Investigate sources of financial assistance available to the city from the governmental
or private sector and assist the city as dircct.,d by t11 .,qty .,oun.,il in properly applying and
promoting the successful acquisition of the assistance. For the purpose of this article,
financial assistance may be in the form of grants, low interest loans or physical property,
including that of real or personal nature. Activity in the private sector will be limited to
established foundations.
f) Review and consider the merits of applications for Economic Development Ad
Valorem Tax Exemptions; make recommendations to the city council as to whether or not
to grant the exemption, and if the exemption is granted, the percentage of the exemption and
period of time for the exemption; make recommendations related to additional incentives,
including, but not limited to development fee waivers and financial contributions.
Sec. 22 -34. - Advisory capacity.
The powers and duties of the business and economic cultural development board are of an
advisory nature only, and the board shall not have any powers or duties which conflict with or
supersede the powers and duties of other city boards.
Sec. 22 -35. - Indebtedness.
The business and economic cultural development board shall not incur any debts or enter into
any contracts or obligations, which would be enforceable against the city, unless prior approval has
been obtained from tlir .,ity .,vun.,il.
ARTICLE III. COMMUNITY APPEARANCE REVIEW 1
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Sec. 22 -36. Statement of findings and purpose.
(a) The logo of Cape Canaveral, and its accompanying motto "Sun, Space and Sea,"
signifies Cape Canaveral's unique cultural character and beauty. Indicative of Cape
1 Canaveral's uniqueness is its reputation as primarily a residential waterfront community with
beautiful beaches and scenic ocean vistas, within close proximity to several internationally
renowned tourist destinations including the Kennedy Space Center and several major cruise
ship terminals.
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( c) The facilitator of this effort shall be the community appearance board whose primary
I purpose shall be to encourage uniform architectural standards and cohesive community
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development consistent with the intent and purpose of this article and the standards necessary
to maintain the "Tree City" designation.
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1 City of Cape Canaveral
Ordinance No. 13 -2011
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(g) The essential foundation of beauty in communities is harmony. The plan for
achieving beauty must grow out of oat special local characteristics of site, development and
redevelopment potential. Some local areas of natural beauty are the beaches, ocean and the
Banana River. The vistas and visual delight of these should only be enhanced.
Sec. 22 -37. Board established; membership; qualifications of members.
(a) Established. There is hereby established a community appearance board which shall
consist of five seven (7) members.
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Sec. 22 -39. Proceedings of the board.
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(a) Meetings shall be held as necessary and when held, preference shall be given to on
the first and or third Wednesday of each month unl.,nn nu business is pi esentd t., th., bum
fog a parti.ulai muting. The time and place of meetings, and the order of business and
procedure to be followed at meetings, shall be prescribed by the board.
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1 Sec. 22 -40. Approval prerequisite for permits.
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I (a) Without 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
impact or effect on the community:
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(1) All plans and; elevations and piuposcd X1 for buildings or structures
except fences, within any zoning district, or any alterations thereto.
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(2) Exterior building and roof colors for non - residential development within the
1 C -1, C -2, and M -1 zoning districts, or any alterations thereto.
(b) Notwithstanding paragraph (a) of this section, if the city manager
or designee determines (at his or her sole discretion) that an 6a;11� 1.,1,E mit application for
1 community appearance approval is minor or insignificant, the city manager or designee
1 bai1diii uffi.,ial may grant the- permit approval without submitting the application to the
community appearance board for approval, providing the permit approval is consistent with
1 the intent and purpose of this article. For purposes of this paragraph, the phrase "minor or
insignificant" shall mean a small scale renovation or modification project affecting a small
site and having a nominal exterior visual impact and effect on the community. Any party or
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1 person adversely affected by a decision made by the building—official city manager or
designee may appeal such decision to the community appearance board.
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City of Cape Canaveral
Ordinance No. 13 -2011
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Sec. 22-42. Procedure.
(a) Submission of application. All applicants for a building permit, subject to the
3 provisions of this article, shall submit to the city manager or designee building-official the
documents prescribed in section 22 -44, together with an application fee to be adopted
) pursuant to appendix B.
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(b) Scheduling and notice of hearing. Upon receipt of the required documents, the city
manager or designee building official shall forthwith schedule a hearing on the application
before the community appearance board. Notice of the time and place of the public hearing
shall be given to the applicant at least seven days prior to the date of the public hearing.
Public notice of the time and place of the public meeting shall also be posted at places within
the city deemed reasonably appropriate for providing such notice. Public notice shall also
1 contain the name of the applicant, a general description of the property, and a general
description of the applicant's application request.
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Sec. 22 -44. Application criteria.
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Upon an application created by the city manager or designee, an applicant
shall submit the following application criteria to the 1,0;11;11 uffcial city manager or designee for
consideration by the community appearance board:
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(1) Level 1 revie . • • • r • • • • i • r • •
a. Vicinity iliap locatiii all ; c.Liu � iii ludiii� uiroutaliuu
of tlio �ului l,liulug' al,hs; •
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c. Miniunu„ tlii�� wlui l,liutugial,ln uf it acid Jv ttiiig (naiithliid;ng
al ca);
d. At least two ckvatioun to %,alo, and
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e. PiCSCnlatiuu uf tlu, u,alki;aln, t.,xluic and L'ulun ,.
(2) Level 2 review (Commercial, residential subdivisions, four or more
multifamily residential, ur J industrial, and mixed -use nut Luve.ed i.i level 1):
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a. Vicinity map locating all zoning classifications, including orientation
1 of all color photographs;
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1 Ordinance No. 13 -2011
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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.
Level 3- 2 review (Change of exterior building or roof color upon commercial
or mixed -use buildings or structures within the C -1, C -2, or M -1, or overlay 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).
Sec. 22 - 45. Concept plans.
All concept plans submitted for consideration under this article for the new development of
unimproved property shall indicate the following sufficiently:
(5) A Luncc,tioual conceptual preliminary landscaping plan;
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Section 4. Amendment to Chapter 46, Library Board. Chapter 46, Library Board, 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 this Ordinance of text existing in Chapter 46. It is intended that the text in Chapter
46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 46. LIBRARY BOARD
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ARTICLE II. LIBRARY BOARD
City of Cape Canaveral
Ordinance No. 13 -2011
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Sec. 46-26. Created.
There is created a library board to consist of five seven (7) members.
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Section 5. Amendment to Chapter 54, Parks and Recreation. Chapter 54, Parks and
Recreation, 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 this Ordinance of text existing in Chapter 54. It is intended that the
text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
i CHAPTER 54. PARKS AND RECREATION
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ARTICLE II. CULTURE AND LEISURE SERVICES BOARD
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Sec. 54 -26. - Established.
There is created a recreation culture and leisure services board to consist of seven
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Sec. 54 -28. - Duties.
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i The 1ccicatiun culture and leisure services board shall advise the Luum,i1 city on matters
pertaining to cultural events, public parks and recreation and shall serve in such other similar matters
as the Wuu.,il city may direct.
Sec. 54 - 29. - Indebtedness.
The i.,..iv atiuii culture and leisure services board shall not incur any debts or enter into any
contracts or obligations which would be enforceable against the city, unless prior approval has been
obtained f1V111 tl,., .,,t .,vuu.,il.
Section 6. Amendment to Chapter 110, Zoning. Chapter 110, Zoning, 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
1 from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
1 existing prior to adoption of this Ordinance):
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CHAPTER 110. ZONING
1 ARTICLE I. IN GENERAL
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Sec. 110 -2. Board of adjustment.
(a) A board of adjustment is established and shall consist of seven (7) free members.
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Sec. 110 -3. Planning and zoning board.
(a) The planning and zoning board is established and shall consist of seven (7) free
members.
1 (b) The planning and zoning board shall operate exclusively in an advisory capacity to
tli., ,,qty .,.fui.mil and th., buaid of adjustimapt f n Vat iaiI . and DplAwial .,A.,.,ytiu1is, and no
ruling, decision or recommendation of the board shall be binding .
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1 (e) The planning and zoning board shall make recommendations
adjustment concerning rezonings, special exceptions and site plans va,;a,,., in accordance
with this chapter.
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ARTICLE II. PROCEDURE; LAND USE DECISIONS
DIVISION 1. GENERALLY
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I Sec. 110 -29. Applications.
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The city manager or the city manager's designee is hereby authorized to prepare applications
in furtherance of this chapter. At a minimum, all applications for rezonings, variances, special
exceptions, and administrative appeals shall be accompanied by the applicable application fee
adopted by the city council and shall contain the following information:
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(8) For rezonings, variances, and special exceptions, applicants shall provide to the city,
at least 30 days in advance of the first public meeting at which the request will be considered,
1 l,la,un„i and Luning meeting, the names and addresses of all affected property owners.
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1 For the purpose of this requirement, an affected property owner or owners shall mean any
property owner or agent of record owning property which lies within a radius of 500 feet
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from any boundary of the property for which the application is sought, as reflected in the
survey or that portion of the map maintained by the Brevard County Property Tax Appraiser
reflecting the boundaries of the parcels affected.
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1 DIVISION 3. VARIANCES
Sec. 110 -36. Variance application obligations.
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(b) Variance applications shall be submitted at least 30 days prior to the board of • adjustment plaruizii and Luring-board meeting at which such application is to be considered.
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Sec. 110 - 37. Procedure.
(a) The board of adjustment plat ni shall be required to review all
variance applications and shall make a final decision on each application ii ak a wiitk„
.• . . .•. .. ..'. . . .. . - , - .. • -.
foi the board's Iccannrr.. .. '. . • . - .... • • '. • based on the applicable
variance criteria set forth in this section.
(b) Upvn i of t11 plaiuuu and Luniu Ward's 1,..connnendatiuu, t11 Wail „f
L e) All variance i,t.onuucndatiuu, and final decisions shall be based on an affirmative
finding as to each of the following criteria:
(1) That special conditions and circumstances exist which are peculiar to the
land, structure or building involved and which are not applicable to other lands,
buildings or structures in the same zoning district.
(2) That literal interpretation of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of
1 this chapter and would work unnecessary and undue hardship on the applicant.
(3) That the special conditions and circumstances referred to in subsection (1) do
not result from the actions of the applicant.
(4) That approval of the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands, buildings, or structures
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in the same zoning district.
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(5) That the requested variance is the minimum variance from this chapter
necessary to make possible the reasonable use of the land, building or structure.
(6) That approval of the variance will be in harmony with the general intent and
purpose of this chapter, and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
(r1 c) Under no circumstances shall the board of adjustment grant a variance to permit a use
not generally or by special exception permitted in the district involved or any use expressly
or by implication prohibited by this chapter.
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DIVISION 5. ADMINISTRATIVE APPEALS
Sec. 110 -40. Administrative appeals.
(a) Any final administrative decision regarding the enforcement or interpretation of this
chapter, where it is alleged there is an error by an administrative official, can be appealed as
set forth in this section. Any of the following may seek review of an administrative decision
pursuant to this section:
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(3) Any person aggrieved or affected by any decision of an administrative official
tl,r buildin uffi ,;al in the interpretation of any portion of this chapter.
(b) Appeals shall be taken within 30 days after such administrative decision is made by
filing a written notice of appeal with the city clerk's office buildin uffi6al and t1,., bua,d of
adjustment stating the name of the decision maker, date of the decision, applicable code
provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the city
clerk's office buildin uff., ;a1 shall work with the appropriate department to schedule the
appeal before the board of adjustment and transmit all documents, plans, papers or other
materials constituting the record upon which the action appealed from was taken.
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(e) An administrative appeal filed pursuant to this section stays all proceedings in
furtherance of the action appealed from, unless the building administrative official from
whom the appeal is taken certifies in writing to the board of adjustment after the notice of
appeal is filed that, because of facts stated in the certificate, a stay would, in the
administrative buildin official's opinion, cause imminent peril to life and property. In such
case where the administrative building official makes such certification, proceedings shall
I not be stayed other than by an injunction, which may be granted by the board of adjustment
1 or issued by a court of competent jurisdiction.
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ARTICLE VI. SITE PLANS
Sec. 110 -221. Submittal and review required.
Under this chapter, site plan submittal and staff review shall be required for all development
and redevelopment projects, except single - family, two - family or three - family dwelling units, or
alterations thereto, and minor commercial improvements. Further, site plan submittal and planning
and zoning board and review are is required for the following:
(1) New commercial buildings or structures.
(2) New residential structures with four or more dwelling units. •
• ... • . - . ' • 1 - 1 1 I . Z41. 11 • •.
Sec. 110 -222. Criteria required.
Site plan criteria required under this chapter shall be as follows:
(1) Plan drawn to scale by an appropriately licensed design professional, no greater than
one inch to 50 feet, on sheets two feet by three feet, showing the following site data:
* **
Sec. 110 -223. Review procedures.
(a) fire the required number of copies of the site plan, prepared, signed and sealed by
an appropriately licensed design professional ... - - '. . - _ • - - • .. • - . ,
shall be filed with the planning and development department building vffi.,ia1 no later than
30 days prior to the meeting date at which the applicant is seeking planning and zoning board
review. Filing fees as set forth in appendix B to this Code shall be paid at this time.
(b) The site plan shall be submitted by the planning and development buildin
department to the following department 11.,a6 directors for their review and comments:
(1) City engineer or registered engineers approved by the city.
(2) Building and code enforcement department.
1 (3) Fire marshal.
(4) Public works services department . .. . , • . .
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e• . . - e. _ . o o . _ . . . . - . . . .. . .
Ri vla al ., t., L., i.,vildw .
( c) Within 14 days of the time the plans are received by the various department heads
directors, they shall submit, in writing, to the planning and development buildin department,
a written report commenting on factors relating to the site plan.
(d) The building planning and development department shall give a copy of the written
comments to the applicant or his representative to review, respond to and make any changes
he deemeds appropriate to conform to the comments and recommendations from the
department directors heads.
(e) The applicant shall submit Jcv.,rt the required number of copies of the revised site
•
plan, along with the his architect's and engineer's comments; in response to the department
l,ad,'reviews, to the baildi„g planning and development department no-latertharr fire-days
(f) All plans shall be made available to the planning and zoning board for its review and
recommendation to the city manager or the city manager's designee council. The
planning and development director baildi„ uffcoal shall prepare a site plan checklist to be
submitted to the planning and zoning board when a site plan is reviewed.
(g) The planning and zoning board, following a duly noticed public hearing and review
of any submitted site plan, shall make a written recommendation to the city manager or
designee Lity council recommending approval, approval with conditions, or denial of the
application based upon the site plan's compliance with the city's Code and comprehensive
plan. Such recommendation shall include the reasons for the board's recommendation and
show the board has considered the applicable site plan criteria set forth in this article.
(h) Upon receipt of the planning and zoning board's recommendation, and full.,vv;,, a
publi., La,;,,g and ,evicw .,f the subrnitt.,d itc plat,, the city manager or designee city
cou,,.,;1 shall make a final decision on the application approving, approving with conditions,
or denying the application. Following the decision by the city manager or designee on each
site plan application, the city shall send to the applicant written notice of the action taken and
the right to appellate review. The city shall additionally provide notice on the city's website
of the decision on each site plan reviewed pursuant to this article and the right of interested
parties to appeal same. . • . • . • _ • . 11 . _ .. • 11 •
1111 - . • , . - . - - •
• , • • . • .. . • • • . ■ • • . : . . . _
.11. 11 • .
,..ViGW.
(i) If the city manager or designee city c.lail.,i1 elects to grant conditional approval of a
site plan subject to any conditions or contingencies, the applicant shall have 90 days from the
date of conditional site plan approval to satisfy any such conditions and/or contingencies. If
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all conditions and/or contingencies are satisfied, the final site plan approval date shall be
either the expiration of the 90 -day period; or the date the city manager or designee building
offieinl— certifies by notation on all city site plan copies, that all conditions and/or
contingencies are satisfied, whichever first occurs. If the conditions and/or contingencies are
not satisfied before the expiration of the 90 -day period the conditional approval shall be
automatically withdrawn and the application shall stand as denied. The 90 -day compliance
period may be extended at the discretion of the city manager or designee city council, upon
written request of the applicant prior to the expiration of the 90 -day compliance period, and
where the applicant demonstrates unusual circumstances or undue hardship.
j) Any party adversely affected by a final site plan determination of the city manager
or designee may appeal such determination to the city council. Parties seeking appellate
review shall submit a request for appeal in writing to the city clerk within thirty (30) days of
the city manager's or designee's determination. The city clerk shall schedule the city
council's consideration of the appeal for the next available regular city council meeting and
shall provide the party seeking appellate review with written notice of the date, time and
] location of said meeting. The city council's consideration of the site plan determination
being appealed shall be de novo. The city council shall hear and consider the evidence and
testimony of any interested party and shall either affirm or reverse, wholly or in part, the
determination of the city manager or designee. Failure of any adversely affected party to
appeal to the city council pursuant to this section shall be deemed a waiver of that party's
right to judicial review.
(k j) A proposed site plan shall not be considered by the city
buaid and .,ity .,ouncil Alan havt 1,u authui ity tV .,viizilki a pl Vp0.,d site plan unless:
(1) The applicant has adequately and completely addressed all items on the site
plan checklist prepared by the planning and development department building
offieial; and
(2) The applicant has otherwise complied with all matters contemplated under
this section.
(k) Fulluwiu a 1,abli., La iiig vii ally appli.,ativii fo1 sitc plan approv [bcfoic] th., .,ity
cou.i.,il, th., ..it .ALA Tall J ,.,nd to thc applicant, by ccrtif cd mail, i.,tuiii i.....,ipt i..yu.,,t.,d,
.. • . _ . '..'
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Sec. 110 -224. - Expiration.
All site plans approved under this article shall expire in 12 months from after the date of final
approval of thc plannii% and Lunin buaid, unless the building permit for construction of the
principal structure is issued or the applicant files with the city in writing a request for time extension
for such site plan. The city manager or designee may, plannia and LA11iu bea ,hall 1.,cuiiiii1.,ud,
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at his or her sole its discretion, grant the request for extension Nu., , .lu.,JtJ f.,, ..ityWuu.,i1 appi .,va1
only if justifiable cause is demonstrated and there have been no changes in any
regulations in the interim. If granted, there shall be a one -time extension for no longer than six 01
months.
Section 7. 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 8. 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 9. 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 10. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the; City Council of the City of Cape Canaveral, Florida, t is 20th day of
Decembr, 2011. 620G CIS
24_
Rocky Randels Mayor
a,(,p`
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I Y Y
ATTEST: For Against
ph `/ John Bond X
ANG LA2RJER ''I -amity Clerk Bob Hoog Second
Buzz Petsos Motion
Rocky Randels X
Betty Walsh X
o
First Reading: November 15, 2011
Legal Ad published: November 18 , 2011
Second Reading: December 20, 2011
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Approved as to legal form and sufficiency
for the City o a e Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
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