(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 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, 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 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.
(6) 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.
(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 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.