HomeMy WebLinkAboutP&Z Agenda Pkt. 10-9-2013CALL TO ORDER: 0
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C.A*ty of Cape Canaveral
PLANNING M. ZONING BOARD
REGULAR MEETING
PE CANAVERAL PUBLIC LIBRAR
201 POLK AVENUE
OCTOBER 9, 2013
600 P.M.
AGENDA
Interviews & Recommendation to City Council Re: Potential Board Members, Craig
Kittleson and Jill Seale.
2. Recommendation to Board of Adjustment Re: Special Exception Request No. 13-06
Allow Townhouses in the C-1 Zoning District, (127, 131, 135 & 139 Oak Lane) - Sherop
LLC, Property Owner. 1
3. Review & Recommendation to City Council Re: Ordinance No. XX -2013; providing for t
regulation of signage; providing for comprehensive amendments to Chapter 94, Signs,
I
the Code of Ordinances; amending the signage requirements for the AlA Economi
Opportunity Overlay District; providing for repeal of prior inconsistent ordinances anis
resolutions, incorporation into the code, severability, and effective date. (Continued fro
May 22nd, July 1 Oth, & September 11, 2013)
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides
to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this
meeting, that person will need a record of the proceedings, and for such purpose that person may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting,
The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to
participate in the proceedings should contact the Community & Economic Development Department (868-
1205) 48 hours in advance of the meeting.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofeapecanaveral.org
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL 'W 111'0�WL
Cl(
4
1. Applicant Name: Clk4-& ((�—
2. Home Address: 1-1-51 4 pi ID PC -
3. Home and Cellular Telephone: 5� cc" 1 -5
4. Occupation: _ P(L()T
5. Business Telephone: 0 -7 27' (:2
6. Business Address: M C
7. E -Mail: 1,1LI -7 J. c 6 evi
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (y) (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (y) (N)
3a. Are you a Business owner: (y) (N)
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (y) (N)
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) -� (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (1) (N)
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your Interest in serving on a City advisory board or committee:
tMy J:�L V T 4 or-- W cL eQP1M 0^( (W
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
Board of Adjustment*
Business and Economic Development Board*
Code Enforcement Board*
Community Appearance Board*
Construction Board of Adjustment and Appeals*
Culture and Leisure Services Board
Library Board
Planning and Zoning Board*
Other.
*Members of these boards are required to complete and file with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July t of each year following
the initial appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
M3NCE
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualifywu for membership on the desired board or committee_
_ x/'��1L/ EA fir TNlI?lJ 7,t%E !`'!/i_ iT00 ey "M T C'fJAAeW (- -*?X 1WAkfL
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
11,
RACE
GENDER
African-American
Male
Asian -American
Female
Hispanic -American
Not Known
Native -American
Caucasian
DIS`
Not Known
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS (SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW- [SECTION 286.011, FLORIDA STATUTES), WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
l� O
Signature: Date: �S /3
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received:
Date Appointed:
by:
Board Appointed to:
Term Expires:
Page 3 of 3
] 1�
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOAR t C MI2012 �l
Pursuant to Section 2-171, Cape Canaveral Codell Ll3#
d L'
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that persoifhas b-mTrvanroicted-of-a-_
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
Applicant Name:
ILL Q• SEAL
NOV 2 g 2012
2. Home Address: 233 CIRCLE 09_NVF, #7
3. Home and Cellular Telephone: -32 1 " & 13 - 315 v 6,n^4c ow%
4. Occupation: Env;ronPme_oW Spec l'-As�- Breva.rJ Cousv rV UTA,_,T,1 ,5j�pvjco
5. Business Telephone:
6. Business Address:
-Werk Cover rt►vten4 C'evv4r, V eta, F
7. E -Mail: __� ltseale- 0S 6V400.cowl
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) X (N)
2. Have you been a resident of the City of Cape
Page 1 of 3
Canaveral for 12 months or longer?
(Y) X
(N)
3a.
Are you a Business owner:
m
(N) X
3b.
, If yes to 3a, please list the name: No\
4a.
Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question.
m
(N) X
4b.
If yes to 4a, have your civil rights been restored?
(Y)
(N)
5a.
Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
(Y)
(N) X
5b.
If yes to 5a, please list each: NR
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily in Is
consent to having a standard background check
performed on you by the City of Cape Canaveral? m X (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? m (N)
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: NA
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
Fef hQ�DOr��ie�I i►nfl�{ QT iciartc� Qe� n�a �C;� — AOil! s
Olt c. V414 of i55yes +64 meed reSblo+►c;14tJ a4k--A+ie,1 in oyr C' oofvni
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. -- Board of Adjustment*
b. Business and Economic Development Board
c. Co Code Enforcement Board*
d. .- Community Appearance Board*
e. —� Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. 3 Library Board
h. '' _ Planning and Zoning Board*
i. Other:
*Member of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
helve /jAserved to 6c"rds in Aje-Pa4-�',/eweyer, IG,�
6ve eX ,;etice c'�✓chriQ �/td c�Pc.�ihc
t f r 4�
in l?vbkC Mee, -;n4 s 4 r. 5 �cu'¢tn�v►�+rtTr°Kt�lo�ee 00ryy nM inkie5-a' in � e Rit' ce55.
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that 1 you feel help to qualify you for membership on the desired board or committee. /I
V.L twor 1A r1Bef4 �,Gr nPflCP. in SWP-tG 'A -J an'A.45 A ( "VLLArr IeAI . SOt7�.QliCt'. alas :),-;vn4e i,n..
Ccmnlialtce mmvAcuta4 exp.,Iaaa Ce„r4v,4AIe(6+1eKjoy)ev41va}iWG CCA. e'-} s.
Please See ►ng 446&ed resume. ”
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE
African-American
Asian -American
Hispanic -American
Native -American
Caucasian
Not Known
YOU HEREBY REPRESENT TO THE
PERJURY, THAT THE INFORMATION
BEST OF YOUR KNOWLEDGE, AND
RELY ON THAT INFORMATION.
GENDER
Male
Female
Not Known
DISABILITY
Physically disabled
CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
Your application will remain effective for one year from date of completion.
If you should have any���esti ns regarding the completion of this application, please contact
the City Clerk's 1it321y 68-1220 ext. 221.
Signature:
Please retum V City of 06pe Canaveral
G , Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For
For Office Use Only:
Date application received:Z�21? �z•
Date Appointed:
JAppointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Date: 2- -7/1. 2 -
JILL A. SEALE
233 Circle Drive, #7 0 Cape Canaveral, FL 32920 0 (321) 613-3150
jillseaieO8@yahoo.com
Brevard County Utility Services January 2012 - Present
Environmental Specialist
Oversee State and Federal compliance for two drinking water facilities and six wastewater
treatment facilities. Responsible for Permit renewals and compliance, waste management
program, stormwater management issues, petroleum storage tank compliance, and a variety of
other environmental compliance issues. Work with private contractors on capital improvement
projects, attend public meetings with management, address public concerns regarding water
quality.
FoodMatch. Inc., New York, NY Sept 2008 — Oct 2011
Compliance Manager
Responsible for all importing compliance for a specialty food importing company, to include all
FDA, US Customs and USDA filings, registrations, tariffs, and security filings. Also responsible for
assuring all suppliers, both foreign and domestic, meet applicable compliance standards as
required by US regulatory agencies and customers.
State of Florida, Department of Environmental Protection Aug 2001 — Aug 15, 2008
Temple Terrace, FL
• Waste Cleanup Section, Nov 2007 — Aug 2008 Environmental Specialist 111
Project manager of contaminated industrial sites
• Env. Resources Section, Dec 2006 — Nov 2007 Environmental Specialist 11
Permit/Enforcement, specialized in sovereign submerged lands issues & commercial marinas
• Hazardous Waste Section, July 2002 — Dec 2006 Environmental Specialist I and ll
Compliance, Enforcement, Industrial Facility Inspections, Criminal Investigations and
Emergency Response
• Petroleum Storage Tanks Section, Aug 2001 — July 2002 Env. Specialist
Enforcement
University of South Florida, College of Medicine, Physiology Department, Tampa, FL
Biological Scientist I June 1999 to May 2001
Lab Technician in Respiratory Physiology research lab
Micro Air, Inc., Indianapolis, IN May 1997 to May 1999
Laboratory Technician
• Bulk Asbestos Analyst by polarized light microscopy (PLM) and radon technician
EDUCATION:
Ball State University, Muncie, IN
B.S., Biology Major, Chemistry Minor
1997
City of Cape Canaveral, Florida
Planning and Zoning Board
October 9, 2013
STAFF REPORT
Request: For a Special Exception to allow for the construction of townhouses in the C-1
Commercial Zoning District per Section 110-334(c)(10).
Applicant and Owner of property: Sheropa LLC; Patrick Lee, President
Subject properties: Four vacant lots on the south side of Oak Lane addressed as 127,
131, 135 and 139. Oak Lane is on the west side of North Atlantic, north of Central Blvd.
and between the Circle K and La Cantina Bar & Grill.
Future Land Use and Zoning designation: C-1, Low Density Commercial
Surrounding zoning:
North —C-1, Commercial
East — C-1, Commercial
South — C-1, Commercial
West — C-1, Commercial
Surrounding uses:
North — Residential
East — Residential and Circle K
South — Residential — Ocean Gardens
West — Vacant property
Summary
The applicant has purchased four (4) lots on Oak Lane and desires to construct two -unit
townhomes on each lot (see elevations and floor plan in packet). The properties are
zoned C-1 Commercial. According to the Code, residential is allowed in this portion of
the C-1 Zoning District pursuant to a Special Exception. The code citation for this
request is:
Section 110-334(c)(10).
(c) Special exceptions may be permitted for the following:
(10) Single-family dwellings, two-family dwellings, townhouses or multiple -family dwellings;
provided, however, there shall not be more than 15 dwelling units per net residential acre
and such dwellings shall not be permitted on property along the AM Highway Corridor as
depicted in exhibit "A," attached hereto and fully incorporated herein by this reference. See
requirements in the R-2 district in division 3 of this article. These requirements apply to
residential construction in the C-1 district.
Special Exception Worksheet and Staff Analysis
All special exception recommendations and final decisions shall be based on the following
criteria to the extent applicable:
Land Use and Zoning
Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, C-1 Commercial land use classification allows for all C-1 Commercial Zoning District uses
and residential use is allowed in this portion of the C-1 Zoning District pursuant to a Special
Exception.
Is the requested SE consistent with the intent of the zoning district in which it is sought?
Yes, given that the surrounding area has developed in residential uses.
Will the SE meet all the requirements of the zoning district in which the request is to be
located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-
street parking, signs, storage, landscaping, etc.? Yes.
Impact to surrounding properties
Is the proposed special exception compatible and harmonious with properties and uses
in the surrounding area? Explain why. Yes, surrounding area is developed in residential
uses.
Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes.
Will the traffic generated, volume and type, adversely impact land use activities in the
immediate vicinity? No.
Will the proposed special exception create any adverse impacts to other properties in the
surrounding area? Address the creation of noise, light, vibration, odor, stormwater
runoff, or other offsite impacts that would not have been created had the property been
developed as a principle use? No.
Will there be adequate screening, buffers, landscaping, open space, off-street parking,
other similar site improvements to mitigate any adverse impacts of the SE? N/A.
Will the size and shape of the site, the proposed access, internal circulation, and design
enhancements be adequate to accommodate the proposed scale and intensity of the SE
requested? Yes.
Are signs and exterior lighting designed and located so as to promote traffic safety and
to minimize any undue glare or incompatibility with adjoining properties? N/A.
What are the hours of operation and how will they impact surrounding properties? N/A.
Traffic and Parking
Is there adequate off-street parking? Yes.
Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow, and emergency access?
Yes. Oak Lane in not paved and the City has no plans to do so.
What type and how much traffic will the SE generate? Nominal residential traffic.
Are there adequate loading and unloading areas? N/A.
Public Services
Are adequate utilities available? Location and capacity. Yes.
Will the proposed special exception create any unusual demand for police, fire, or
emergency services? No.
Will the proposed Special Exception have an adverse impact on public services,
including water, sewer, surface water management, parks and recreation, streets, public
transportation, marina and waterways, and bicycle and pedestrian facilities? No.
Is there adequate refuse facility for the use and is the dumpster properly located and
screened? N/A.
Miscellaneous Impacts
Will the proposed SE have an adverse impact on the natural environment, including air,
water, and noise pollution, vegetation, wildlife, open space, noxious and desirable
vegetation, and flood hazards? No.
Will the proposed SE have an adverse impact on historic, scenic, and cultural resources,
including views and vistas, and loss or degradation of cultural and historic resources.
No.
Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? No.
Will the proposed special exception will have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality. No.
Staff Recommendation to the Planning and Zoning Board
Staff recommends approval of the requested Special Exception.
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet
Description of Request: (Insure that the specific code sections of the zoning ordinance
that allow and support your request are noted). If necessary, attach separate sheet.
N
Address of requested Special Exception:LOA-K_ -+A" i5 _10,
Name of Project (if applicable): 6 41K L. W L,- -74"wAJ 1461440 j
Legal description Lots) B ock4 A"Isubdivision
Section Township
Future Land Use and Zoning
Range
Owner and Applicant Information:
V(I am the property owner.
I am a tenant. (Attach notarized letter of authorization).
RaQ"� 3LIf-S-7
4 42y .-4 ys�g9s'
I am authorized agent other than a tenant: (Attach Written Power of Attorney)
Owners) Name: 5'dK-XWA L.L.G 'KA k16 -1C 1,154
Mailing
Phone number(s): 3 9-1 5"1 Lj- 016:z
Email(s):_ V -r4' �� i 1W SID 15
Authorized Agent Information (if applicable):
Name of Authorized Agent:
Mailing Address:
Phone number(s):
Email(s):
PD - Special Exception Application -101411 Page 3
Hot U11NIMUN1011,
Milo 111m, 1, 11 1,
'U"'410J,
'I I
A pre -application meeting with the City Planner is required prior to completion
,?.nd submittal of a Special Exception application.
The Special Exception application shall be prepared in compliance with the
requirements of Chapter 110, Sections 110-38 & 110-39 of our code. To access our
code visit www,c�t ofi,,aj,�!���anayeral.or ; from the homepage select City Code of
Ordinances; and click on the link to municode.com.
You and/or representative are required to attend the meetings at which your request will
be considered. You will be notified of the dates and times of meetings. Meetings are
held at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral,
FL 32920, unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at the time of submittal the application will not be
accepted.
111 111' R! 111119011111,11111 1. A
2. Authorization to represent property owner, if applicant is not the owner.
If tenant: Notarized letter, of.
-authorization,
If Other T(tten Power of Attorney')
3. Payment of application fee ($250) and escrow deposit (escrow fees are to cover
costs of application review, notification of surrounding property owners, etc. and
the.,amount is determined when the application is submitted).
4.
Radius package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 ft. of the subject property; one (1 ) set of mailing
labels (instructions on page 8).
5. Legal description along with certified survey or map from Brevard County
Property Appraiser depicting property boundaries.
6, Copy of recorded deed or Opinion of Title for subject property.
7. 1,/""/ Certified survey or site plan (scaled drawing of subject property depicting
boundaries, all structures, and parking.
PD - Special Exception Application - 101411 Page 2
Signature of Applicant:
State of Florida
County of
Sworn to and subscribed before me on this
contained and made part of this
,'ge and belief.
day of I
� ef> (
-20-11"'by Le�e- El who is personally
known, or B"Produced Ld. — Type of W.
Signature of Notary:
Notary Seal;
JOY LOMBARDI
�OMN/,'ISSION I FE, 094753
RES: August 3 2015
—Odd Thru Notary Public 6nd rwriters
W1.11lu
PD - Special Exception Application - 101411 Page 4
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EXHIBIT "A"
Order No.: 4407995
Customer Reference: 13-11873 A
Parcel # 1
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.000 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N.891 38'33"W and parallel to
the North line of said Lot B, a distance of 510.10 ft. to the Point of Beginning; Thence continue
along said line a distance of 80.00 feet, thence run N.000 54'29" W a distance of 128.50 feet,
thence run S890 33" E a distance of 80.00 feet, thence run S.000 54'29" E a distance of 128.50 feet
to the Point of Beginning.
Parcel # 2
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.000 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N.890 38'33" W and parallel to
the North line of said Lot B, a distance of 590.10 feet to the Point of Beginning; Thence continue
along said line a distance of 116.20 feet, thence run N. 000 54' 29" W a distance of 128.50 feet,
thence run S. 890 38'33"E a distance of 116.20 feet, thence run S. 000 54'29" E a distance of
128.50 feet to the Point of Beginning.
Parcel # 3
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 000 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N. 890 38'33" W and parallel
to the North line of said Lot B, a distance of 706.30 feet to the Point of Beginning; Thence continue
along said line a distance of 80.00 feet, thence run N. 000 54'290 W a distance of 128.50 feet,
thence run S. 890 38'33" E a distance of 80.00 feet, thence run S.000 54'29" E a distance of 128.50
feet to the Point of Beginning.
Parcel # 4
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 000 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N. 890 38'33" W and parallel
to the North line of said Lot B, a distance of 786.30 feet to the Point of Beginning; Thence continue
along said line a distance of 94.00 feet, thence run N.000 54'29" W a distance of 112.00 feet,
thence run S. 891 38'33" E., a distance of 94.00 feet, thence run S. 000 54"29" E a distance of
112.00 feet to the Point of Beginning.
Copyright American Land Title Association. All rights reserved. �®
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the
date of use All other uses are prohibited. Reprinted under license from the American Land Title -
Association.
ALTA Commitment (6/17/06) (with FL Modifications) 5 of 5
RADWS S MAP
FILLICHIO, ANTHONY
abeles500
Buffer
N 1:4,800 or 1 inch = 400 feet
—�1 Subject Property
Buffer Distance: 500 feet --
W E = Notify Property
This map was compiled from recorded documents and does not reflect an Parcels
actual survey. The Brevard County Board of County Commissioners does
S not assume responsibility for errors or omissions hereon.
Produced by the Brevard County Planning and Zoning Office - GIS Section Date: 7/8/2013
httn://m2.n.'hen2,o-iiv,/lm2peq/Print/466';1719. RrpvqrdCnuntv iner 01171;11)nl I
NATURE OF SPECIAL EXCEPTION
Currently said property is zoned commercial which dates back from early zoning at least twenty years
ago. Currently it is surrounded by residential properties. I am requesting a special exception for
residential use of the property to construct of 2 -unit townhomes on 4 lots, for a total of 8 units. This
request is congruent with its surroundings.
IMPACT OF SURROUNDING PROPERTIES
1. Being that the surrounding properties are of multi -family residential nature, this
request is compatible and harmonious with adjacent properties.
2. The request is in keeping with the medium density codes and requirements therefore,
the scale and intensity will not be a factor to the surrounding properties.
3. Currently the property is sitting on an unimproved road with a cul-de-sac. The road
can handle the volume and type of traffic that the townhomes will generate.
4. This special exception should not create any adverse impact to surrounding properties
being there are currently only four houses on the'road. Any noise, light, odor,
vibration, traffic and storm water runoff will be nothing out of the ordinary of any
residential development, and will subject to any and all restrictions and codes
required.
5. There will be adequate screening and buffers and landscaping required by any codes
and/or to mitigate any adverse impacts.
MTYTOMI�MHM- O;
6. Will the size and shape of the site, the proposed access, internal circulation, and
design enhancements be adequate to accommodate the proposed scale and
intensity of the SE requested?
7. Are signs and exterior lighting designed and located so as to promote traffic safety
and to minimize any undue glare or incompatibility with adjoining properties? A)/A
8. What are the hours of operation and how will they impact surrounding properties? &/A
Traffic and Parking
9. Is there adequate off-street parking?
10. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access?
11. What type and how much traffic will the SE generate? -AR" a 1AVW1'R"qW
12. Are there adequate loading and unloading areas?
Public Services
13. Are there adequate utilities available including location and capacity?
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services?
15. Will the proposed Special Exception have an adverse impact on public services,
including water, sewer, surface water management, parks and recreation, streets,
public transportation, marina and waterways, and bicycle and pedestrian facilities? At'")
16. Is there adequate refuse facility for the use and is the dumpster properly located
and screened?
A
Miscellaneous ImpActs
17. Will the proposed SE have an adverse impact on the natural environment, including
air, water, and noise pollution, vegetation, wildlife, open space, noxious and
desirable vegetation, and flood hazards?
PD - Special Exception Application - 101411 Page 6
18. Will the proposed SE have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? )V(2
19. TVill the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? NO ,
20. Will the proposed special exception have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality? Ngc.,
----------
PD - Special Exception Application - 101411 Page 7
LEFT ELEVATION 3116" = 1'0
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PLAT OF LAND SURVEY FOR and/or CERTIFIED
DESCRIPTIONS AS FOLLOWS.-
(PARCEL
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PA -67 -22 -,07 -THE- O THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN 5 00'5429" E, ALONG THE EAST LINE OF SAID LOT B, A
DISTANCE OF 66.00 FT, THENCE RUN N 89'38:13" W AND PARALLEL TO THE NORTH LINE OF SAID LOT B, A D/STANCE OF 510. 10 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF B0.00 FT, THENCE RUN N 00'5429" W, A DISTANCE OF 126.50 FT,
THENCE RUN S 89'38:33" E, A DISTANCE OF 80.00 FT, THENCE RUN S 00'5429" E, A DISTANCE OF 128.50 FT TO THE POINT OF BEGINNING.
(PARCEL A. COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED /N PLAT BOOK 1, N
PAGE 22, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN 5 00'5429" E. ALONG THE EAST LINE OF SAID LOT 6,, A
DISTANCE OF 66.00 FT, THENCE RUN N 89'38:13•• W AND PARALLEL TO THE NORTH LINE OF SA1D LOT B. A DISTANCE OF 590. 10 FEET TO THE S ocl
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 116.20 FT, THENCE RUN N 00-5429" W, A DISTANCE OF 128.50 f7,
THENCE RUN S 89'38:13" E. A DISTANCE OF 116.20 FT, THENCE RUN S 00'5429" E. A DISTANCE OF 128.50 FT TO THE POINT OF BEGINNING.
(PARCEL A.27J COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED /N PLAT BOOK 1, (�Af
RAGE 22,:.OF_THE-.,,EVBLLC. /C ALONG LINL-..OF SAID. .;.QT„19:,rp.:_�_.:...:•,•.. ....,
DISTANCE OF 66.00 FT, THENCE RUN N 89'38.33" W AND PARALLEL TO THE NORTH LINE OF SAID LOT B, A DISTANCE OF 706.30 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 80.00 FT, THENCE RUN N 00'5429" W, A DISTANCE Of 728.50 FT
THENCE RUN S 89'38:33" E. A DISTANCE OF 80.00 FT, THENCE RUN S 00'5429" E, A DISTANCE OF 128.50 FT TO THE POINT Of BEGINNING. ;er,;.
(PARCEL A. 10) COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED /N PLAT BOOK 1, �o :cP°Pa4RE
PSIS%THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN S 00-5429" E, ALONG THE EAST LINE OF SAID !Or B, A
DISTANCE OF 66.00 FT THENCE RUN N 89'38;13" W AND PARALLEL TO THE NORTH LINE OF SAID LOT B, A D/STANCE OF 786.317 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 94.00 FT, THENCE RUN N 00'5429" W. A D/STANCE Of 112.00 FT,
THENCE RUN 5 89'38'33" E, A DISTANCE OF 94.00 FT, THENCE RUN 5 00'5429" E, A DISTANCE OF 112.00 FT TO THE POINT Oi' BEGINNING.
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PLAT OF LAND SURVEY FOR and/or CERTIFIED
DESCRIPTIONS AS FOLLOWS.-
(PARCEL
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PA -67 -22 -,07 -THE- O THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN 5 00'5429" E, ALONG THE EAST LINE OF SAID LOT B, A
DISTANCE OF 66.00 FT, THENCE RUN N 89'38:13" W AND PARALLEL TO THE NORTH LINE OF SAID LOT B, A D/STANCE OF 510. 10 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF B0.00 FT, THENCE RUN N 00'5429" W, A DISTANCE OF 126.50 FT,
THENCE RUN S 89'38:33" E, A DISTANCE OF 80.00 FT, THENCE RUN S 00'5429" E, A DISTANCE OF 128.50 FT TO THE POINT OF BEGINNING.
(PARCEL A. COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED /N PLAT BOOK 1, N
PAGE 22, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN 5 00'5429" E. ALONG THE EAST LINE OF SAID LOT 6,, A
DISTANCE OF 66.00 FT, THENCE RUN N 89'38:13•• W AND PARALLEL TO THE NORTH LINE OF SA1D LOT B. A DISTANCE OF 590. 10 FEET TO THE S ocl
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 116.20 FT, THENCE RUN N 00-5429" W, A DISTANCE OF 128.50 f7,
THENCE RUN S 89'38:13" E. A DISTANCE OF 116.20 FT, THENCE RUN S 00'5429" E. A DISTANCE OF 128.50 FT TO THE POINT OF BEGINNING.
(PARCEL A.27J COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED /N PLAT BOOK 1, (�Af
RAGE 22,:.OF_THE-.,,EVBLLC. /C ALONG LINL-..OF SAID. .;.QT„19:,rp.:_�_.:...:•,•.. ....,
DISTANCE OF 66.00 FT, THENCE RUN N 89'38.33" W AND PARALLEL TO THE NORTH LINE OF SAID LOT B, A DISTANCE OF 706.30 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 80.00 FT, THENCE RUN N 00'5429" W, A DISTANCE Of 728.50 FT
THENCE RUN S 89'38:33" E. A DISTANCE OF 80.00 FT, THENCE RUN S 00'5429" E, A DISTANCE OF 128.50 FT TO THE POINT Of BEGINNING. ;er,;.
(PARCEL A. 10) COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED /N PLAT BOOK 1, �o :cP°Pa4RE
PSIS%THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN S 00-5429" E, ALONG THE EAST LINE OF SAID !Or B, A
DISTANCE OF 66.00 FT THENCE RUN N 89'38;13" W AND PARALLEL TO THE NORTH LINE OF SAID LOT B, A D/STANCE OF 786.317 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 94.00 FT, THENCE RUN N 00'5429" W. A D/STANCE Of 112.00 FT,
THENCE RUN 5 89'38'33" E, A DISTANCE OF 94.00 FT, THENCE RUN 5 00'5429" E, A DISTANCE OF 112.00 FT TO THE POINT Oi' BEGINNING.
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City of Cape Canaveral
Planning & Zoning Board Agenda Form
PU Board • Date: 10/09/2013
Item No. 3
Subject: Ordinance No. -2013; providing for the regulation of signage; providing for
comprehensive amendments to Chapter 94, Signs, of the code of ordinances; amending
the signage requirements for the AlA Economic Opportunity Overlay District; providing
for repeal of prior inconsistent ordinances and resolutions, incorporation into the code,
severability, and effective date.
Department: Community and Economic Development
Summary:
The current Cape Canaveral sign code was adopted by Ord. 05-2009. Through several
joint City Workshops with the City Council, the Planning and Zoning Board and Staff, a
draft was adopted which included a significant number of revisions. Much discussion
centered on the height of ground signs, then -coming technology (LED electronic signs)
and the temporary signage needs of small business owners during an increasingly
uncertain economic slowdown. In the four years since adoption of that Ordinance, Staff
has observed trends, learned from experience and discovered loopholes.
Staff observations include:
1. The code requirement that an electronic sign be installed in a monument sign
has resulted in only one such sign (City Hall).
2. An intended incentive, an exception to the above requirement, allowing an
electronic sign cabinet in an existing ground sign provided the ground sign
reduce its height to 15 feet has resulted in only one such conversion (Christ
Lutheran Church).
3. Business owners have commented that electronic sign restrictions (type, height,
max. display time and general display restrictions) remain too onerous and
thereby preclude the investment.
4. Code Enforcement difficulties with window sign regulations were resolved by
administrative interpretations which are memorialized herein.
5. Temporary signage remains a needed/desired tool to our business community.
However, the existing regulations have frequently produced a sense of clutter
along our prime business corridor.
The proposed revisions to the sign code include:
• Provides definition for "Right-of-way" and includes a helpful graphic.
• Provides definition for "Warning Sign" and an exemption therefore.
• Provides definition for "Window Lighting" and prohibits same.
• Provides a clarifying revision for the definition for "Window sign".
• Exempts:
o Signs erected entirely within the confines of a commercial establishment,
provided they cannot be viewed from a public right-of-way.
o Warning signs.
a Temporary signs approved under an outdoor entertainment event permit.
o Any sign erected or temporarily placed by the city or other governmental
body.
P&Z Board Meeting Date: 10/09/2013
Item No.
Page 2 of 3
• Prohibits:
o Signs placed on fences or gates, other than warning signs,
o Window lighting, and
o All temporary signs not specifically authorized.
• Specifies that a permit is required for changes of sign faces and changes to the
name of a business on a sign.
• Authorizes the Administrator to waive permit fees for any temporary off -premise
sign for a new business.
• Modifies temporary signage regulations:
o Presents all temporary sign regulations in a simplified table format.
o Limits the number and type of temporary signs.
o Addresses sidewalk encroachment and parking space encroachment
concerns.
• Permits an electronic sign to be installed in either a monument sign (15 ft. max.
height) or a pylon sign (20 ft. max. height).
• Decreases the minimum length of time an electronic message must be displayed
from 7 seconds to 4 seconds.
• Removes temporary signs from Table 94-96-1.
• Provides for the termination through an amortization schedule of these non-
conforming signs:
o Abandoned (discontinued) signs,
o Damaged/destroyed signs,
o Signs on Redevelopment Sites,
o Pole signs (must be made into pylon signs), and
o Signs located in the visibility triangle.
• Provides an incentive to eliminate nonconforming signs. The City Manager is
authorized to waive sign permitting fees for any sign application that is filed for
purposes of eliminating or modifying a nonconforming sign and making it in full
compliance with the provisions of this chapter.
• Provides administrator the ability to exempt legally existing nonconforming signs
from the requirements of the chapter related only to height, sign area, and
projection from the building, if the sign owner can demonstrate that the
nonconformity is within twenty (20) percent of each specific requirement.
• Allows for a Business Park/Area Multi-user sign to be erected on SR Al A and/or
Central Boulevard to provide signage for properties/businesses located along
Imperial Boulevard, Brown Circle, and Commerce Street.
The Planning & Zoning Board reviewed the proposed Sign Code revisions on May 22,
2013, July 10, 2013 and on August 28, 2013. Those meetings resulted in several
revisions which are incorporated into this latest draft, including:
• "Window sign" exemption regulations,
• Temporary Signs placed on Election Day and during the 30 days prior to and five
days after the Election Day.
Electronic sign regulations relating to:
o Permanently mounting in a cabinet,
o Moving graphic displays of non -alphanumeric characters, and
P&Z Board Meeting Date: 10/09/2013
Item No.
Page 3 of 3
o Reducing the display time for each message.
The Planning and Zoning Board requested that Staff provide a notification
procedure to business owners regarding the revisions. Staff recommends that all
of the following methods be utilized:
1. Staff will create a summary of revisions and post to the City website home
page.
2. Notification of all Blackboard Connect subscribers with an address on the
C1, C2, and M1 corridors (N. Atlantic Ave., Astronaut Blvd., Central Blvd,
Imperial Blvd., Commerce St., Brown Cir., and Center St.). The
notification will direct subscriber to the summary of revisions posted on the
City website home page.
3. A City Facebook post hyperlinking to the summary of revisions posted on
the City website home page.
4. A City Hall Electronic Sign message directing viewers to the summary of
revisions posted on the City website home page
Submittina Directors: Barry Brown and Todd Morlev Date: 09/25/2013
Attachment: Ordinance No. -2013
Staff recommends that Planning & Zoning Board take the following action:
Recommend to City Council the approval of Ordinance No. _ -2013 (Sign Code
Ordinance Revisions).
ORDINANCE NO. -2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR
THE REGULATION OF SIGNAGE; PROVIDING FOR
COMPREHENSIVE AMENDMENTS TO CHAPTER 94,
SIGNS, OF THE CODE OF ORDINANCES; AMENDING
THE SIGNAGE REQUIREMENTS FOR THE AlA
ECONOMIC OPPORTUNITY OVERLAY DISTRICT;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Council desires to update the City's sign code regulations in
accordance with the amendments contained herein; and
WHEREAS, through the enactment of this Ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral.
See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Council finds that the regulation of signage within the City of
Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message,
and will further the City's legitimate and substantial government interest in minimizing sight
pollution and traffic and safety hazards to persons and property; and
WHEREAS, the City Council finds that the goals of this Ordinance are content neutral
and unrelated to the suppression of free expression; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Ass'n oLakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglasville, Ga., 975 F. 2d 1505 (11 Cir. 1992); and
WHEREAS, due to the its geographical location along the Atlantic Coast, the City of
Cape Canaveral is exposed to salty ocean air, which contributes to accelerated corrosion and
rusting of steel and other iron -containing alloys; and
WHEREAS, many existing ground signs located in the City of Cape Canaveral are
structurally supported by exposed vertical supports comprised of steel or other iron -containing
alloys which rust; and
City of Cape Canaveral
Ordinance No. _-2013
Page 1 of 18
WHEREAS, requiring that exposed vertical supports comprised of steel and other iron -
containing alloys be covered with a non -corrosive decorative cover, as required by the
amendments contained herein, is intended to improve the aesthetic appearance of ground signs
with exposed vertical supports; and
WHEREAS, the City's Planning and Zoning Board reviewed this Ordinance at several
public meetings and on October , 2013, recommended approval of this Ordinance to the
City Council; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, and welfare of the residents and businesses of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Chapter 94 Code Amendment. Chapter 94, Signs, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates
additions and stpAwe type indicates deletions, while asterisks (***) indicate a deletion from
this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 94. SIGNS
ARTICLE I. IN GENERAL
Sec. 94-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Accent lighting means anv method of illumination
that is intended to draw attention to an integral decorative or architectural feature of the building
and not connected or giving the appearance of any connection to the overall signage of the
project. Accent lighting shall be reviewed in accordance with Article III of Chapter 22 of this
Code.
City of Cape Canaveral
Ordinance No. _-2013
Page 2 of 18
Banner sign means any sign having the characters, letters, illustrations or ornamentation
applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather
signs, flags and pennants (which do not comply with the definition of flag or pennant under this
chapter) but excluding government flags for the purposes of this chapter, designated to attract
attention.
P.W:W.7
Discontinued sign shall mean any sign located on real property which has been vacant
and unoccupied for a period of ninety (90) days or more; or any sign face which advertises a
service no longer conducted or product no longer sold upon the premises where the sign is
located. Such sign (face and/or structure) shall be considered nonconforming in accordance with
Article IV of this Chapter.
Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a
detriment to traffic safety by reason of its size, location, movement, content, coloring, or method
of illumination, or which obstructs the visibility of any official traffic -control device or which
diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on
streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to
obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is
prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is
prohibited. Any sign which displays or incorporates into the graphic display any depiction or
simulation identical to or similar to those used for officially recoggized traffic signalization,
direction or control shall be prohibited.
Pole signs are signs that are supported by one or more exposed vertical supports of any
shape which are comprised of steel or other iron -containing alloys. Two examples of a pole sign
are:
Pylon signs are signs that are supported by one or more exposed vertical supports which
are encased within a single, non -corrosive decorative cover. Non -corrosive decorative cover
shall mean any material(s) suitable for installation as a pole sign cover, including all attachments
and fasteners thereto, which shall contain no steel or other iron -containing alloys. One (1)
example of a pylon sign is:
City of Cape Canaveral
Ordinance No. _-2013
Page 3 of 18
Scheduled event or occurrence means a singular preplanned, temporM hghappening during
a particular interval of time on the site advertised. Examples of scheduled events or occurrences
include a property for sale, a coming site development, a grand opening, a retail sale, an outdoor
event, and other similar temporary events.
Sign means any surface, fabric, device or display, whether illuminated or nonilluminated,
designed to identify, announce, direct or inform, and that is placed ettt-ef-deens in view of the
general public. For purposes of this chapter, the term "sign" includes all structural members.
&Peet Right -of --way means
land reserved, used or to be used as a street, alley, walkway, drainage facility or other public
purpose. One example of a right-of-wa:
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
City of Cape Canaveral
Ordinance No. _-2013
Page 4 of 18
Ut ty Pole
line
Ut tq Pole
Uduly Pole
Grass shoulder Grass shoulder
C.b
Roadway
Roadway
Grass shoulder CMb
Sidewalk
Pole Uh'h'ty Pok
Property lines
The right-of-way can be thought of as
the public's space between property lines.
In this example, the sidewalks and
utility poles are at the property lines.
Grass shoulder
Sidewalk
T�
p I �I7Provertv lines
Right-of-way
Temporary signs means a sign displayed for a scheduled event or occurrence be€ere,
which is not
designed or intended to be placed permanently i—nslosive--eFe*ampl, fer. mf4 signs, fer- sale
signs,eamruefien .
Temporary signs include only those signs expressly referenced in section 94-76 — Temporary
Sign Table.
Warning sign means a sign required by law or intended to inform the viewer of
dangerous and/or restrictive conditions on the premises.
City of Cape Canaveral
Ordinance No. _-2013
Page 5 of 18
raw
Window lighting means any source of illumination intended to illuminate or draw
attention to any display that is part of a window sign.
Window sign means illumina4ed arA nenilluffgamed any signs or display affixed to, in
contact with or placed in the interior or exterior windows of a structure, and which can be viewed
from the outside of the structure.
PWI:I
Sec. 94-4. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
(7) Temporary signs on residential property that do not exceed six square feet-and-eo
r-equkemea4s-of this chapter— tial pr-epeAy that -ex
feet, bub are ions t-h—a . 12square feet y be authorized by ..o.., 34 tmde f dos ,.hapto.
13 Signs erected entirely within the confines of a commercial establishment,
provided they cannot be viewed from a public right-of-way.
14 Warning signs.
15 Temporary signs approved under an outdoor entertainment event permit.
16 An�sign erected or temporarily placed by the city or other governmental body.
Sec. 94-6. Prohibited signs and features.
The following signs and features are strictly prohibited:
(bb) Signs placed on fences or gates, other than warning signs.
cc Window lighting_
TemporM signs, except permitted types and uses specified in section 94-76.
City of Cape Canaveral
Ordinance No. _-2013
Page 6 of 18
ee Any other sign, feature, or outdoor advertising display that does not comply with
the provisions of this chapter.
ARTICLE II. PERMITS AND INSPECTIONS
Sec. 94-31. Permit Required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to
change a sign face, change the name of a business displayed on a sign, alter, erect,
construct, enlarge, move, or make structural alterations to any sign within the city, or
cause such to be done without first obtaining a sign permit- eaeh sueh sign fte th-e
This shall not be construed to require any permit for a change of moveable
alphanumeric characters on a sigg designed for such moveable characters or a change of
display on an electronic sign
MAdifiAd in any way. Any sign which is not specifically allowed by this chapter is
prohibited.
Sec. 94-35. Fees.
Permit and inspection fees for the erection, alteration or relocation of a sign, exclusive of
any costs for an electrical permit, shall be set forth in appendix B, schedule of fees, to this Code
and shall include fees for the following:
(4) As an incentive to encourage the establishment of new businesses within the city,
the administrator is authorized to waive sign permitting fees for any t=oM signage
application that is filed within 30 days after obtaining the businesses' initial Business Tax
Receipt issued by the cityeliwAaate neneenfeming signs,
authorized tA peffaitfing fees fer- any sign applieatien diat is filed fer- pwpeses
ef eliminefing er- inedifying a neneenfeffning sign and making it ill foil eemphaftee with
the provisions ef this ehapter-.
ARTICLE III. SIZE, LOCATION AND CONSTRUCTION
City of Cape Canaveral
Ordinance No. _-2013
Page 7 of 18
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temporary signs must comply with the temporary signage table below.
Temporary signage table:
Type and use
Conditions
Property for sale or lease may indicate so by use of temporary
a, b, c, d, e, f. g, h, i, J.
signage.
Property under a development permit may indicate so by use
a, b, c, d, e, f, g, h, i, i,
of temporary signage.
Temporary signage on gubernatorial, presidential, city, and
c, d, e, f, g, h, i, j, k,
any state and federal primary Election Day and during the 30
da s prior to and five days after the Election Da .
Banner Sign
e h 1
Ba Si
(2) The following conditions shall apply to any temporary sign unless otherwise
provided in the temporary signage table set forth above.
A. The temporarsi nage shall be removed when the sign has fulfilled its purpose (e.g.,
the scheduled event or occurrence has concluded).
b. One temporarysign is allowed for every 150 linear feet of property frontage, or
portion thereof unless additional signage is authorized and required by state or federal
law. Individual tenant spaces for sale or lease may indicate so by use of one temporary
sign for each tenant space or unit, regardless of proRffty frontage.
c. On residential property, no temporary sign shall exceed six sguare feet.
d. On nonresidential property, no temporary sign shall exceed 32 square feet.
e. The temporary sign may be double-faced (back-to-back) and only one side of a
double-faced sign shall be counted for sign area calculations.
f. The maximum height shall be four feet on residential property, or eight feet on any
non-residential property.
Pz Minimum setbacks for any part of the temporary sign structure shall be a minimum of
City of Cape Canaveral
Ordinance No. _-2013
Page 8 of 18
two feet from any right-of-way.
h. No part of any temporary sign shall be placed within the right-of-way or within the
visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safely.
No pail of any temporary sign shall be located so as to reduce any required Parking area.
No part of any temporary sign shall be located in such a way that it restricts a pedestrian
way and/or sidewalk to less than forty-four (44) inches in width. Temporary sins shall
be removed and brought inside a building when there are storm warnings so as not to
become a hazard during a storm event
i. Shall be freestanding and shall not rely on any support that is not a part of the sign.
J. The temporary sign shall be constructed of sturdy material such as wood, hard plastic,
vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather
elements commonly experienced within the city. Cardboard and paper -faced temporary
signs are strictly prohibited unless they are safely fastened, in their entirety, to a backing
made of material set forth in this section.
k. With property owner's consent, during gubernatorial, presidential, and city election
years, temporary signs may be placed on Election Day and during the 30 days prior to
land five days after the Election Day.
1. A maximum of one banner sign may be erected on nonresidential property not to
.exceed 96 square feet, and on residential property not to exceed 12 square feet. A banner
.sign may be erected for a maximum of 30 consecutive days on nonresidential property
.and a maximum of 14 consecutive days on residential property one (1) time during any
calendar year. A bamer sign must be securely fastened in a manner to withstand weather
elements commonly experienced in the gj!L.
m. Bag signs shall be allowed for 180 days when the copy area of an existing ground
sign has been damaged and is awaiting repair, when the business has vacated the property
or when the copy area is being replaced to accommodate a new or renamed business. The
administrator may grant an extension of time for good cause shown provided any
extension shall not exceed 180 calendar days.
City of Cape Canaveral
Ordinance No. -2013
Page 9 of 18
rs!s
1_
Mir
•
•
._
rs!s
City of Cape Canaveral
Ordinance No. _-2013
Page 10 of 18
1_
City of Cape Canaveral
Ordinance No. _-2013
Page 10 of 18
Sec. 94-78. Electronic signs.
Electronic signs may be approved under this chapter provided the proposed electronic
sign satisfies the following requirements:
(a) A maximum of one electronic sign may be incorporated into a monument sign
and shall et be af4 e f .. ether- o f . euet et e to
y any kind aiu ld R, b,;k, aole or
pylon sign. The electronic sign must be in compliance with all applicable provisions of
this chapter. ,
City of Cape Canaveral
Ordinance No. _-2013
Page 11 of 18
RON =F P Rom
,
,
Sec. 94-78. Electronic signs.
Electronic signs may be approved under this chapter provided the proposed electronic
sign satisfies the following requirements:
(a) A maximum of one electronic sign may be incorporated into a monument sign
and shall et be af4 e f .. ether- o f . euet et e to
y any kind aiu ld R, b,;k, aole or
pylon sign. The electronic sign must be in compliance with all applicable provisions of
this chapter. ,
City of Cape Canaveral
Ordinance No. _-2013
Page 11 of 18
Further, an electronic sign shall not be a standalone sign
and shall be mounted in a permanent cabinet.
(sl) The size of the electronic sign shall be limited to a maximum size equal to 32
square feet. The maximum area of the sign shall not exceed 120 square feet. The
electronic sign shall be fully incorporated within the outer perimeter of the sign. Further,
the size of the electronic sign shall be included in the calculation for the total signage
allowed for the property and the overall size limitation for a particular sign.
(dc) The electronic sign shall be limited to display of statie alphanumeric characters
only. Nenstatis Moving graphic displays of non -alphanumeric characters (such as
simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon
characters) shall be prohibited.
(ed) The display time for each message containing alphanumeric characters shall be a
minimum time period of seven four 4 consecutive seconds per display, a message
(gD The electronic sign shall be set to a specific brightness level and shall
electronically respond to changing light conditions (e.g., change from day to night or to
darkness related to weather). Written certification shall be provided with the sign permit
application from the sign manufacturer that the sign has been preset to not to exceed the
following light level standard as measured in nits, as follows:
(1) Maximum daytime level at 6,000 nits.
(2) Maximum nighttime level at 500 nits.
City of Cape Canaveral
Ordinance No. _-2013
Page 12 of 18
Further, the preset light level shall be protected from end user manipulations by password
protected software or other acceptable methods.
(hg) If the electronic sign malfunctions, the message, if displayed, shall be maintained
at a maximum light level of 500 -nits, or the sign shall be made inactive until the sign is
repaired.
Sec. 94-81. Temporary off -premises signs.
(a) Temporary off -premises signs may be erected upon issuance of a permit by the
Administrator provided the temporary off -premises sign(s) meets the following
conditions:
(3) The We, use size, height, and placement of the sign shall comply with
the requirements set forth in section 94-76 for temporary on -premises signs.
Sec. 94-85. Variances.
(a)T) T13e admifiis�ato , upon request
by
r-epeity
owner ee-to
R-3
C-1, C-2 &
does not cause -;;-S-afety hazafte persons-or
prvpei4y,
zvl-atien of etl3ef
appheable provisions of the City Cede, and e*eeed
ten per-eent
of the
appheable set bael
(4}—A variance may be granted for any requirement under this
chapter pursuant to the variance procedures set forth in chapter 110, article II.
DIVISION 3. DISTRICT REGULATIONS
Table 94-96-1 District Restrictions
Type of Sign
R-1
R-2
R-3
C-1, C-2 &
M-1
Temporary
Per Section
Per Section
Per Section
Per Section
On -Premises
94-76
94-76
94-76
94-76
City of Cape Canaveral
Ordinance No. _-2013
Page 13 of 18
Sign
Temporary
Per Section
Per Section
Per Section
Per Section
Off -Premises
94-81
94-81
94-81
94-81
Sign
Max. area
6 s.f.
6 s.f.
6 s.f.
32 s.f.
Max. height
4'
4'
4'
8'
AFeas-ur►deF
develepmeRt
a-Geeefat
Vie:
4
4
4-
Max.-afea
44-64
46-s4-.
46—* -.f-.
32-6
Max. height
4'
4
4'
8'
b�'f
subee Ftfaet9F
Ma*.-afea
$-S .
9fr.4
Max. height
4'
4
4
4
Home
Max. no.
1
1
1
1
occupation
Max area
2 s.f.
2 s.f.
2 s.f.
2 s.f.
Ground
Max. no.
Prohibited
1 per street
1 per street
1 per street
frontage/per
frontage/per
frontage
access
access
entrance
entrance
Max. 2 signs
max. 2 signs
Max area
32 s.f.
32 s.f.
One s.f. per
lineal ft. of
property
frontage up
to a max. of
150 s.f.
Max. height
8'
8'
20'
Max. width
25'
25'
25'
Wall
Max. no.
Prohibited
1
1
2 per
storefront or
structure,
provided
each
structure is a
separate
business.
Max. area
One s.f. per
One s.f. per
Parallel to
lineal foot of
lineal foot of
street 15% of
building wall
building wall
wall height
that the sign
that the sign
(x) wall width
is on
is on
of wall that
City of Cape Canaveral
Ordinance No. _-2013
Page 14 of 18
ARTICLE IV. NONCONFORMING SIGNS
Sec. 94-121. Nonconforming signs.
All signs or outdoor displays which are lawfully in existence or are lawfully erected and
which do not conform to the provisions of this chapter are declared nonconforming signs. It is
the intent of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the
prohibition of new signs that would violate the provisions of this chapter. No nonconforming
sin shall be changed, expanded or altered in any manner which would increase the degree of its
nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in
part to any other location where it would remain nonconforming_
(aa) Termination by abandonment: Any nonconforming sign structure the use of
which as a sign is discontinued for a period of ninety (90) consecutive days regardless of
My intent to resume or not to abandon such use, shall be presumed to be abandoned and
shall not thereafter be reestablished except in full compliance with this chapter. Any
period of such discontinuance caused by government actions strikes material shortages
or acts of God, and without any contributing fault by the nonconforming user, shall not
be considered in calculating the length of discontinuance for purposes of this subsection
City of Cape Canaveral
Ordinance No. _-2013
Page 15 of 18
sign is
located on:
max. 160 s.f.
Perpendicula
r to street,
15% of wall
height (x)
wall width of
wall that sign
is located on;
max. 128 s.f.
Banner Signs
Max. no.
1
1
1
1
Max. area
12 sq. ft.
12 sq. ft.
12 sq. ft.
96 sq. ft.
Electronic
Max. no.
n/a
n/a
n/a
per Section
Signs
94-78
Max. area.
n/a
n/a
n/a
32 sq. ft.
Wall mural
Prohibited
Prohibited
Prohibited
Prohibited
unless
unless
unless
approved per
approved per
approved per
94-6
94-6
94-6
ARTICLE IV. NONCONFORMING SIGNS
Sec. 94-121. Nonconforming signs.
All signs or outdoor displays which are lawfully in existence or are lawfully erected and
which do not conform to the provisions of this chapter are declared nonconforming signs. It is
the intent of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the
prohibition of new signs that would violate the provisions of this chapter. No nonconforming
sin shall be changed, expanded or altered in any manner which would increase the degree of its
nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in
part to any other location where it would remain nonconforming_
(aa) Termination by abandonment: Any nonconforming sign structure the use of
which as a sign is discontinued for a period of ninety (90) consecutive days regardless of
My intent to resume or not to abandon such use, shall be presumed to be abandoned and
shall not thereafter be reestablished except in full compliance with this chapter. Any
period of such discontinuance caused by government actions strikes material shortages
or acts of God, and without any contributing fault by the nonconforming user, shall not
be considered in calculating the length of discontinuance for purposes of this subsection
City of Cape Canaveral
Ordinance No. _-2013
Page 15 of 18
b) Termination by damage or destruction: Any nonconforming sign damaged or
destroyed by any means, to the extent of fifty (50) percent of its replacement cost at the
time of being damaged or destroyed, shall be terminated and shall not be restored.
(C) Termination by redevelopment: Whenever any revision or modification is made to
a building or to site improvements, which revision or modification requires the
submission of a new or substantially revised site plan or development plan, pursuant to
the Land Development Code, all signs or sign structures on the parcel of land in question
shall be made to conform with the current requirements of this chapter, or shall be
removed.
Pole Sims - Termination by amortization: Any nonconforming pole sign existing
on f INSERT EFFECTIVE DATE] and not terminated pursuant to another provision of
this section shall be permanently removed or modified into a pylon sign by [INSERT
DATE TWO YEARS FROM THE EFFECTIVE DATE], by the installation of a non-
corrosive decorative cover applied over and attached to the supportingpole(s), except,
however, pole signs located within the visibility triangle shall be permanently removed or
relocated from the visibilittriangle by said date in compliance with this chapter.
(e) Repair and Maintenance. Reasonable routine repair and maintenance of a
nonconforming sign is permitted in accordance with the requirements of section 110-98
of the City Code.
JD Incentives. As an incentive to eliminate nonconforming signs, the cily manager
shall be authorized to waive sign permitting fees for any sign application that is filed for
purposes of eliminating or modifying a nonconforming sign and making it in full
compliance with the provisions of this chapter.
Sec. 94-122. — Exceptions and appeals.
(a) Upon application filed with the Administrator, the Administrator may exempt
legally existing nonconforming signs from the requirements of this chapter related only to
height, sign area, and projection from the building, if the sign owner can demonstrate that
the nonconformity is within twenty percent (20%) of each specific requirement.
However, the sign must be brought into full compliance if it is substantially damaged
b) Freestanding signs that are nonconforming only with respect to the minimum
required distance from any property lines, shall be allowed to remain in the existing
location provided that no portion of the sign is located within any publicly owned right-
of-way, visibility triangle, or utility easement and that no interference with clear sight
City of Cape Canaveral
Ordinance No. _-2013
Page 16 of 18
distance exists, and further provided that such signs are otherwise in compliance with the
terms of this chapter.
Section 3. Chapter 110, Article X. AlA Economic Opportunity Overlay District,
Division 7. Signage Code Amendment.—Chapter 110, Article X. AlA Economic Opportunity
Overlay District, Division 7 Signage, of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended to add the following new section as follows (underlined type
indicates additions and stFikeeut type indicates deletions):
Sec. 110-709. Business Park/Area Multi-user Sign. Pursuant to a Developer's
Agreement approved by Council, a multi-user sign may be erected on SR AIA and/or
Central Boulevard to provide signage for properties/businesses located along Iperial
Boulevard, Brown Circle, and Commerce Street.
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. 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 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.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. _-2013
Page 17 of 18
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2013.
ATTEST:
Rocky Randels, Mayor
FOR AGAINST
John Bond
Angela Apperson, City Clerk Bob Hoog
First Reading:
Legal Ad Published:
Second Reading:
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2013
Page 18 of 18