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HomeMy WebLinkAboutOrdinance No. 16-95a • ORDINANCE NO. 16-95 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, BY CREATING ARTICLE III, COMMUNITY APPEARANCE REVIEW, RELATED TO THE CREATION AND DUTIES OF THE COMMUNITY APPEARANCE BOARD ( "BOARD "); MAKING FINDINGS OF FACT AND STATING THE PURPOSE AND INTENT OF THE BOARD; PROVIDING PROCEDURES AND RULES OF CONDUCT FOR PUBLIC PROCEEDINGS; PROVIDING DECISION MAKING CRITERIA; PROVIDING FOR ENFORCEMENT OF FINAL DECISIONS; PROVIDING FOR APPEALS OF FINAL DECISIONS; AMENDING SECTION 34-98 OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR Et')h'ECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has determined that the unique cultural character and aesthetic beauty of the City is important to the quality of life of the community and requires preservation, protection and enhancement; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, recognizes that the visual appearance of buildings and structures contributes to the cultural character and aesthetic beauty of the community; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has determined that the promotion of aesthetic beauty of buildings and structures protects and enhances property values, tourism, and other economic interests which the City Council deems vital to the community; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has determined that the most effective and reasonable way to preserve, protect and enhance the City's cultural character and aesthetic beauty is to create the Community Appearance Board for the purpose of reviewing and approving architectural specifications of proposed new developments (and modifications) of buildings and structures in accordance with the procedures and criteria provided herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, deems that it is in the best interests of the public health, safety and general welfare of the citizens of Cape Canaveral to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: • City of Cape Canaveral Ordinance No. 16 -95 Page 2 SECTION 1. Section 34, Environment, Article III. Property Maintenance Standards, Section 34-98, Building Appearance ` g ppearance and Maintenance, is hereby amended as follows (�, type indicates additions and Stfikeettt type indicates deletions): Sec. 34-98. Building appearance and maintenance. maintenance of the building shall be based on quality of its design and The following criteria, unless specifically limited, shall apply to all improvements within the city: Section 2. Chapter 22, Community Development, is hereby amended by creating Article III, Community Appearance Review, as follows: Article III. Community Appearance Review. 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 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 renown tourist destinations including the Kennedy Space Center and several major cruise ship terminal. (b) In recognition of Cape Canaveral's uniqueness, the city council has determined that a deliberate and conscientious effort must be made by community leaders, in partnership with architects, planners, realtors, builders, and the citizenry of Cape Canaveral, to protect the general welfare of the community by preserving and improving Cape Canaveral'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 Cape Canaveral. (c) The facilitator of this effort shall be the Community Appearance Board whose primary purpose shall be to encourage uniform architectural standards and cohesive community • • City of Cape Canaveral Ordinance No. 16 -95 Page 3 development consistent with the intent and purpose of this Article. (d) The cultural character and beauty of Cape Canaveral involves, among other things, the aesthetic quality of all one sees in moving about the entire community. Consequently, the ultimate designers and developers of buildings and structures must be informed of the larger context in which their particular works will be viewed within the community. The task of the Community Appearance Board shall be to provide a mechanism by which proposed new development and modifications or rehabilitations (of buildings and structures) can be reviewed and approved, in a uniform manner, so as to be in harmony with the comprehensive architecturally related policies, objectives and standards adopted by Cape Canaveral for the overall betterment of the community. (e) It is recognized by the Florida Supreme Court that zoning solely for aesthetic purposes is not outside the scope of the police power of municipal governments - like Cape Canaveral. It has also been judicially recognized in Florida (and in other jurisdictions) that the promotion of aesthetic beauty also protects property values, tourism, and other economic interests which Cape Canaveral deems vital to the community. (f) Zoning is the single most powerful legal enforcement of an overall urban concept, but alone it does not create beauty, aesthetic order, or amenity. The task of the Community Appearance Board shall be to preserve various elements of urban beauty and require that new projects being developed enhance existing development and the landscape of the community. (g) The essential foundation . of beauty in communities is harmony. The plan for achieving beauty must grow out of our 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 an Community Appearance Board which shall consist of five members who shall serve without compensation and two alternate members who may participate in discussion, but may not vote unless substituting for a voting member who is absent. Members of the board shall be appointed by majority vote of the city council. Voting members shall be appointed for staggered terms; the initial voting members shall serve the following terms: one (1) member shall serve a term of one (1) year; two (2) members shall serve a term of two (2) years, and two (2) members shall serve a term of three (3) years. Thereafter, all members shall be requested to serve a three (3) year term. There shall be no restriction placed upon the number of terms that an individual member may serve. Alternate members shall serve three (3) year terms. • City of Cape Canaveral Ordinance No. 16 -95 Page 4 (b) Removal; vacancy. Members may be removed by majority vote of the city council at will. A seat on the Board shall be deemed vacant when a member has more than three (3) consecutive absences or five (5) absences within a period of twelve (12) months, or because of death, resignation, removal or completion of the term of any member. A member seat vacated prior to the expiration of its term shall be filled for its unexpired term by majority vote of the city council. (c) Qualifications. All members shall be residents of the City of Cape Canaveral and be especially qualified by reason of training or experience in art, architecture, community planning, land development, real estate, landscape architecture, or other relevant business or profession, or by reason of civic interest - so as to be considered a sound judge of the aesthetic effect and impact (upon property values, desirability and the economic, social, and cultural patterns of the community) of a proposed building or structure on surrounding areas. Sec. 22 -38. Rules for conduct of board business. The Community Appearance Board shall comply with all rules and procedures adopted by the city council which relate to quasi-judicial boards. The Community Appearance Board may adopt additional rules and procedures deemed necessary to the conduct of its affairs, and in keeping with the provisions of this Article, providing such rules do not conflict with applicable rules adopted by the city council. Three (3) members shall constitute a quorum. The affirmative vote of the majority present shall be necessary for any board actions; provided, however, it shall take three (3) affirmative votes to pass or approve an application under Section 22 -40. Sec. 22 -39. Proceedings of the board. (a) At the initial meeting, and thereafter annually, the board shall elect a chairperson and a vice - chairperson. The officers may succeed themselves. The chairperson, or the vice- chairperson in his absence, shall conduct all proceedings in an orderly manner and provide at least a minimum of due process to all interested parties. Meetings shall be held on the first and third Monday of each month unless no business is presented to the board for a particular meeting. All board meetings shall be open to the public. The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. A written record of the proceedings of the board shall be kept, showing its action on each question considered. Such record shall be filed with the office of the secretary of the board and shall be open for public inspection. (b) The City shall provide administrative, legal, architectural, and other professional expert services deemed necessary for the Board to perform its duties and obligations under this 1 City of Cape Canaveral Ordinance No. 16 -95 Page 5 Article. Sec. 22-40. Approval prerequisite for permits. (a) Without exception, all plans, elevations, and proposed signs for buildings or structures, 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. (b) Notwithstanding paragraph (a) of this section, if the building official determines (at his sole discretion) that a building permit application is minor or insignificant, the building official may grant the permit without submitting the application to the Community Appearance Board for approval, providing the permit is consistent with 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 person adversely affected by a decision made by the building official may appeal said decision to the Community Appearance Board. Sec. 22 -41. Compliance with other Code provisions. The requirements of this Article are deemed supplemental of, and in addition to, all other applicable codes adopted by the city including, but not limited to, the Land Development Regulations, and all fire and building regulations. Approval of plans and specifications by the Community Appearance Board shall be construed only for the limited purpose of complying with this Article, and in no way shall the applicant construe such approval as evidence of compliance with any other applicable city codes and regulations. Sec. 22-42. Procedure. (a) Submission of application. All applicants for a building permit, subject to the provisions of this Article, shall submit to the building official the documents prescribed in Section 22 -44, together with an application fee to be adopted pursuant to Appendix B. (b) Scheduling and notice of hearing. Upon receipt of the required documents, the 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 (7) 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 contain the name of the applicant, i • 1 City of Cape Canaveral Ordinance No. 16 -95 Page 6 a general description of the property, and a general description of the application request. (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 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 community. (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 five hundred (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 1 • 1 City of Cape Canaveral Ordinance No. 16 -95 Page 7 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. (d) Limitations on tabling. (1) No application before the Community Appearance Board for a particular development, or part thereof, shall be tabled more than once by request of the board. Further attempts by the board to table such application shall permit the applicant to by -pass the board and seek a hearing before the city council at its next regular meeting. In no way shall the applicant be permitted to by -pass the board if the board's reason for tabling the application was caused by the applicant's request, misconduct or failure to make adequate preparations for a hearing before the board. (2) Notwithstanding the foregoing, the applicant is permitted to request (once as a matter of right) that the board table a particular application. Further attempts by the applicant to table such an application shall be deemed a withdrawal and the applicant shall be prohibited from submitting a substantially similar application for thirty (30) days from the date of withdrawal. An application resubmitted shall begin the application process anew, including the filing of a new application and payment of all applicable permit fees. Sec. 22 -43. Notice of approval or denial. (a) Promptly after the Community Appearance Board has rendered a decision on a particular application, the board shall prepare and deliver to the applicant thereof a formal written notice which indicates its decision on the application (approval, approval with conditions, denial). If the application is approved with conditions, the notice shalt contain a statement which clearly indicates the conditions. If the application is denied, the notice shall contain a statement which indicates the rationale for denial. (b) Approvals by the Board shall be valid for a maximum of twelve (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 twelve (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. • • 1 City of Cape Canaveral Ordinance No. 16 -95 Page 8 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: (a) Level 1 Review (small commercial/industrial projects of 850 square feet or less or residential units not exceeding three (3) in number): (1) Vicinity map locating all zoning classifications, including orientation of the color photographs, (2) For new development of unimproved property, a concept plan locating improvements, (3) Minimum three color photographs of site and setting (surrounding area), (4) At least two (2) elevations to scale, and (5) Presentation of the materials, texture and colors. (b) Level 2 Review (commercial, four or more multi - family residential and industrial not covered in Level 1): (1) Vicinity map locating all zoning classifications, including orientation of all color photographs, (2) For new development of unimproved property, a rendered concept plan depicting, in detail, location of landscaping and all the elements on the site, (3) All preliminary elevations, (4) Materials, texture and colors board depicting location of colors, and (5) Minimum of three (3) color photographs of site and setting. Sec. 22-45. Concept plans. All concept plans submitted for consideration under this Article for the new development City of Cape Canaveral Ordinance No. 16 -95 Page 9 of unimproved property shall indicate the following sufficiently: (a) Dimensions and orientation of the parcel; (b) Location, height and use of buildings, structures, and encroachments both existing and proposed; (c) Location and arrangement of manmade and natural ground cover; (d) Proposed ingress and egress facilities; (e) A conceptional preliminary landscaping plan; (f) Unusual grading or slopes, if any; (g) Location of walls and fences and the indication of their height and the materials of their construction; (h) Location and size and graphic content of proposed exterior signs, outdoor advertising or other constructed elements other than habitable space, if any; (i) Such other architectural and engineering data as may be requested to clarify the presentation. Sec. 22-46. Appeals and review. Any person(s) or the city aggrieved by a final decision rendered by the Community Appearance Board may seek appropriate relief in a manner provided by general law. Sec. 22-47. Building permits; enforcement. Unless otherwise provided by this Article, no building permit shall be issued until the Community Appearance Board has approved the proposed building or structure's architectural specifications and design features, pursuant to this Article. Any final plans and specifications that differ substantially, in the opinion of the building official, from the approved application by the Community Appearance Board shall be resubmitted prior to the issuance of the building permit. All approved specifications and design features shall become a binding condition of, and made a part of, the building permit(s) secured for the building or structure associated therewith. The building permit shall be enforced in a manner similar to all other building permits issued • • City of Cape Canaveral Ordinance No. 16 -95 Page 10 by the city. The city shall have the right, power and ability to recover all costs, expenses and reasonable attorney's fees ( "Costs ") incurred as a result of enforcing the permit. All Costs shall be a lien on the property to which the building or structure is associated from the date the Costs become due until the Costs are paid. The owner of the property shall be obligated to pay the Costs, which obligation may be enforced by the city by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of 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 Code of Ordinances of the City of Cape Canaveral and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. Should any section or provision of this ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 6. Effective Date. This ordinance shall become effective one hundred twenty (120) days subsequent to the date of adoption by the City Council of the City of Cape Canaveral, Brevard County, Florida. in a re ADOPTED by the City Council of the City of Cape Canaveral, Brevard County, Florida, sspmbled on the 19th day of December , 1995. Sat}d d a,tS n s, Cl CLERK a R I sm ohn K. Porter, MAYOR