HomeMy WebLinkAboutAgenda Packet 06-20-2000City of Cape Canaveral
��� CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
r 111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 20, 2000
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
ORDINANCES: FIRST PUBLIC HEARING
1. Motion to Approve: Ordinance No. 07-2000; Repealing Sub -Paragraph (3)
Of Paragraph (A) Section 110-470, Fences, Walls
And Hedges; Providing For Severability; Providing For
Repeal Of Conflicting Ordinances And Resolutions, for
second reading.
2. Motion to Approve: Ordinance No. 08-2000; Amending Chapter 94,
Signs, By Re -Adopting The Chapter In Its Entirety,
Providing Additional Definitions, Exceptions, Lighting,
Criteria, Standards, Conformance Time Limits, Off -
Premises Signs, Awnings And Canopies, And
Automotive Service Station Signs; Amending District
Regulations Requirements, for second reading.
RESOLUTIONS:
3. Motion to Approve: Resolution No. 2000-21; Appointing a Regular Member
to the Beautification Board. (Elizabeth Mars)
CONSIDERATIONS:
4. Motion to Approve: Canceling the Regular City Council Meeting of July 4,
2000.
5. Motion to Approve: Designation of Voting Delegate for the Florida League of
Cities Annual Conference.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1200 • FAX (321) 799-3170 • Ecn.state.fl.us/cape/
e-mail: cape@iu.net
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 20, 2000
Page 2
6. Motion to Approve: Appointments to the SR Al A Corridor Study, Citizens
Advisory Committee.
REPORTS_
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their
comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard"
section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the
future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council 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. Persons with disabilities needing assistance to participate in any of these proceedings should
contact the City Cleric's office (868-1221) 48 hours in advance of the meeting.
Meeting Type: Regular
Meeting Date: 06-20-00
AGENDA
Heading
Ordinances - 151 Reading
Summary Explanation & Background:
Item
1
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 7-2000, AMENDING SECTION 110-470, FENCES,
HEDGES
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
WALLS AND
Requested Action:
City Council consider the proposed amendments to Code Section 110-470, Fences, Walls and Hedges.
Summary Explanation & Background:
The underlined language is new; strikethrough is deleted.
Attached are past P&Z minutes on this issue.
Please advise.
Exhibits Attached:
Ordinance No. 7-2000; P&Z Minutes
City_ ger' Mee
Department P&Z/GROWTH MANAGEMENT
g ncil/m ting/200 Q6- W/7-200U.dce
Jun 15 00 12:02p RMRRI&THERIRC 321-639-6690 p.
ORDINANCE NO. -00
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 110470, FENCES, WALLS
AND HEDGES; REPEALING FENCE EXCEPTIONS; PROVIDING
PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows -
SECTION 1. Section 110-470, Fences, Walls and Hedges, of the Code of Ordinances
is hereby repealed in its entirety, and the following is adopted in lieu thereof:
Sec. 110-470. Fences, walls and hedges.
(a) Fences, walls and hedges may be permitted in any yard, except as specified
in section 110-469, provided the following height and placement restrictions shall
apply:
(1) In any residential district (R-1, R-2 or R-3), no fence, wall or hedge in
any side or rear yard shall be over six feet in height or over four feet in
height if within 25 feet of any yard abutting any public right-of-way,
un s oti is sp rF eq w
(4) In any commercial (C-1) and industrial (M-1) districts, no fence, wall or
hedge in any side or rear yard shall be over eight feet in height or over four
feet in height if within 25 feet of any yard abutting any public right-of-way.
When the boundary of a commercial or industrial zoning district abuts any
residential zoning district, the maximum height of a fence, wall or hedge
shall be six feet.
Jun 15 00 12:02p RMRRI&THERIRC 321-639-6690 p.3
(b) No wall shall be built along unimproved property boundaries until
and unless the owner has obtained and paid for a building permit for the
principal structure.
(c) All concrete boundary walls are to be finished by stuccoing or
painting in neutral colors at the time they are constructed.
(d) No words or symbols, other than street addresses and names of
occupants in residential districts, shall be permitted on exterior boundary
walls. If there are such non -allowed words or symbols, they shall he
covered within seven days of notification to the owner by the city.
SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or
word of this Ordinance is held to be unconstitutional or invalid, such portion shall
not affect the remaining portions hereof, and it shall be constnied to have been a
legislative intent to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance or
resolution, or parts of an ordinance or resolution, in conflict herewith are
repealed.
Jun 15 00 12:03p RMRRIaTHERIRC
321-639-6690 p.,4
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this day of , 2000.
ATTEST:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
Jun 15 00 12:02p
Richard S. Amari
Nicholas B. Bangos•
Kohn Bennett
Bradly Roger Bettin, Sr.
Anthony A. Garganese .
Mitchell S. Goldman
J. Wesley Howze
Mark McQuagge
Matthew J. Monaghan
Mark S. Peters
David M. Presnick
Charles R. Steinberg
James S. Thcriac, III
RMRRI&THERIRC
321-639-6690
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
*Admitted AL, FL
*Board Certified CIty, County, & Local Government Law
moll
FROM:
Reply To. Cocoa P.O. Box
DATE: t0 l ► s (cA) DESTINATION FAX NUMBER:
Attached is our FAX transmittal Which is `t
COMMENTS:
Mari
96 Willard Stree
P.0
Cocoa, Florida
Telephone (32:
Fax (32:
Imp
6769 N. Wick
Melboun
Telephone (321
Fax (321
pages, INCLUDING this one.
CONFIDENTIALITY NOTE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS
LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE
INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING
OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR,
PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT
THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE. THANK YOUT
ORDINANCE NO. 07-2000
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 110-470, FENCES, WALLS
AND HEDGES; REPEALING FENCE EXCEPTIONS; PROVIDING
PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 110-470, Fences, Walls and Hedges, of the Code of
Ordinances is hereby repealed in its entirety, and the following is adopted in lieu
thereof:
Sec. 110-470. Fences, walls and hedges.
(a) Fences, walls and hedges may be permitted in any yard, except as
specified in section 110-469, provided the following height and placement
restrictions shall apply:
M In any residential district (R-1, R-2 or R-3), no fence, wall or hedge
in any side or rear yard shall be over six feet in height or over four
feet in height if within 25 feet of any yard abutting any public right-
of-way, unless otherwise specified in this Section.
(2) In any residential district (R-1, R-2, R-3) where property abuts a
public beach access parking area, the fence, wall or hedge in a
side or rear yard which abutts the public right of way shall not
exceed six (6) feet in height.
(3) In any residential district (R-1, R-2, R-3) where property has a
permanent swimming pool installed in a side or rear yard
which abutts a public right of way, the fence, wall or hedge
in said side or rear yard shall not exceed six (6) feet in
height.
(4) In any commercial (C-1) and industrial (M-1) districts, no fence, wall
or hedge in any side or rear yard shall be over eight feet in height
or over four feet in height if within 25 feet of any yard abutting any
public right-of-way. When the boundary of a commercial or
City of Cape Canaveral, Florida
Ordinance No. 07-2000
Page 2
industrial zoning district abuts any residential zoning district, the
maximum height of a fence, wall or hedge shall be six feet.
(b) No wall shall be built along unimproved property boundaries
until and unless the owner has obtained and paid for a
building permit for the principal structure.
(c) All concrete boundary walls are to be finished by stuccoing
or painting in neutral colors at the time they are
constructed.
(d) No words or symbols, other than street addresses and
names of occupants in residential districts, shall be
permitted on exterior boundary walls. If there are such non -
allowed words or symbols, they shall be covered within
seven days of notification to the owner by the city.
SECTION 2. SEVERABILITY. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or invalid, such
portion shall not affect the remaining portions hereof, and it shall be
construed to have been a legislative intent to pass this Ordinance without
such unconstitutional or invalid part.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance or
resolution, or parts of an ordinance or resolution, in conflict herewith are
repealed.
City of Cape Canaveral, Florida
Ordinance No. 07-2000
Page 3
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 2000.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Sandra O. Smith, CITY CLERK Buzz Petsos
Rocky Randels
Richard Treverton
APPROVED AS TO FORM:
Larry Weber
Kohn Bennett, CITY ATTORNEY
First Reading:
Posted:
Published:
Second Reading:
11Cape-ntlcityclerk\CityClk\Ordinances\Fences Walls And Hedges - Providing Performance Standards -
Redlined.doc
PLANNING & ZONING BOARD
MEETING MINUTES
FEBRUARY 23, 2000
PAGE 3
The Board members reviewed Section 82-371, Posting and specification of
numbering of building and Property. After discussion, the Board members
agreed to ask the City Attorney to draft a proposed ordinance to amend Section
82-371 by adding the stipulation that if a building is setback beyond 50 feet from
the property line, the official numbers shall be a minimum of six -inches in height
and of a contrasting color with the building. They requested that this proposed
ordinance be presented for further consideration and recommendation at the next
meeting.
3. Discussion Re: Height, Size and Amortization of Signs - Forming a
Sample Referendum Question.
City Manager Boucher advised that a "referendum" would only allow the voters to
change the code. However, a "straw ballot" would allow the City Council to
change the code. Chairperson McNeely requested that this agenda item be
postponed until the next meeting.
4. Discussion & Recommendation Re: Reconsideration of Proposed
Ordinance to Prohibit Fences in Front Yards in any Zoning District
City Manager Boucher advised that City Council had concerns regarding
prohibiting fences in front yards, particularly properties located on the beach end.
Mr. Nicholas commented that when fence exemptions were presented and
approved, the hazards that existed at that time, were removed when the
properties were sold and the fences remained. He suggested that the Board
allow the City Planner to research this agenda item, propose an ordinance with
different wording and incorporate pictures. The Board members concurred and
postponed this agenda item until the next meeting.
There being no further business, the meeting was adjourned at 10:02 P.M.
Approved on this S -b day of n larc.,t 2000.
(3
Beatrice McNeely, Chairperson LJr
n L iroCAK)L-_
Susan L. Chapman, Secretary
0 •
PLANNING & ZONING BOARD
MEETING MINUTES
MARCH 22, 2000
PAGE 3
DISCUSSION:
Discussion and Recommendation Re: Proposed Sign Ordinance.
City Planner, Todd Peetz, provided a hand-out of various sign definitions from
other cities. Code Enforcement Officer, Greg Mullins, suggested additional
changes to the proposed draft ordinance. After discussion, the Board members
concluded that they would review the hand-out and recommended that city staff
make additional recommendations at the next meeting.
2. Discussion & Recommendation Re: Reconsideration of Pro -sed
Ordinance to Prohibit Fences in Front Yards in any Zoning District
City Planner, Todd Peetz clarified that City Council did not want this ordinance to
impact multi -family developments. Mr. Russell recapped how this proposed
ordinance was created. Discussion followed regarding special consideration for
beach front properties. Mr. Russell advised that the P & Z Board had struggled
with fences for over the past 25 -years and it was his recommendation to forward
the revised draft ordinance to City Council. The other Board members agreed.
Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend that City
Council approve the proposed ordinance. Vote on the motion carried
unanimously.
Add -On Discussion Items:
1. Citizens in the audience were recognized by Chairperson McNeely. Mrs.
LaChance informed the Board that she had inherited property, back in the 70s,
which was zoned R-3 and somehow changed to R-1 without notification. She
had questioned the zoning in January and had reviewed records provided by the
City Clerk's office. The City Clerk's records revealed that the property was never
legally changed -to R-1. Mrs. LaChance now wished to sell the property and
questioned how the zoning was changed, when the zoning was changed, and
how the City planned to correct the zoning. Code Enforcement Officer Mullins
gave the Board members an overview of his research pertaining to Mrs.
LaChance's property. Mr. Mullins confirmed that the 1975 city zoning map
showed the property as R-3, and the 1983 zoning map depicted the property as
R-1. Mr. Russell and Mr. Nicholas could not recall any zoning change of the
property.
Planning & Zoning Board
Meeting Minutes
April 12, 2000
Page 3
that the property to the immediate east did not front A1A, then the adjacent
property would eventually be constructed as residential also. Mr. Baureis agreed
that if the special exception was granted, the owner would plant and maintain a
vegetative buffer along the southern and western boundaries.
Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of
Special Exception Request No. 00-03 with the condition that the owner plant and
maintain a vegetative buffer along the southern and western boundaries
according to Section 110-566 of the C-1 zoning regulations. Vote on the motion
carried unanimously
Brief discussion followed regarding mixed-use occupancy in the C-1 zoning
district, and vegetative requirements. The Board requested that city staff
research the city code and report back to the Board regarding their findings on
vegetative requirements in all zoning districts.
DISCUSSION: 4(-T
1. Discussion & Recommendation Re: Reconsideration of the Proposed
Ordinance to Prohibit Fences in Front Yards in any Zoning District
Discussion was held regarding prohibiting 6 ft. high fences on properties that
abut public beach access parking areas and properties that have swimming
pools that require a minimum fence of 4 ft. high. Mr. Mullins suggested that only
these properties should be allowed to have 6 ft. high fences. After an ensuing
discussion, the Board reiterated that the proposed ordinance be forwarded to
City Council as requested at previous meeting. The Board members requested
that Mr. Mullins attend the next Council meeting to voice his suggestions.
2. Discussion & Recommendation Re: Numbering of Buildin and Displayin
Address Numbers.
Chairperson McNeely reported that she had spoke with city staff and the fire
chief regarding posting of address numbers. She informed the Board members
that the fire chief suggested that property owners should have several chooses.
He had suggested that property addresses should be stenciled along the Miami
curbs throughout the city. Ms. McNeely suggested that properties with signs
should post their address number on the sign, commercial properties should
display their numbers both on the face of the building and on their signs; and
residential properties should display their addresses both on the curb and house.
Meeting Type: Regular
Meeting Date: 06-20-00
AGENDA REPORT
AGENDA
Heading
Ordinances - I" Reading
Summary Explanation & Background:
Item
2
Also, council needs to set a conformance time frame for Section 94-7.
No.
Exhibits Attached:
Ordinance No. 8-2000; Staff Memo
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 08-2000, AMENDING CHAPTER 94, SIGNS
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
City Council consider the proposed amendments to Chapter 94, Signs, at first reading.
Summary Explanation & Background:
The assistant city attorney was unable to add the first amendment language and staff comments for the agenda
packet. Kohn Bennett will have the language for our meeting.
Also, council needs to set a conformance time frame for Section 94-7.
Please advise.
Exhibits Attached:
Ordinance No. 8-2000; Staff Memo
City M er' ffice
Department P&Z/GROWTH MANAGEMENT
I
i.azm''C III
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
Richard S. Amari
Nicholas B. Bongos*
Kohn Bennett
Bradly Roger Bettin, Sr.
Anthony A. Cargsnese
Mitchell S. Goldman
J. Wesley iiowze
Mark MCQnagge
Matthew J. Monaghan
Mark S. Peters
David M. Presttick
Charles R. Steinberg
James S. Theriac, III
'Admitted Al- Fl,
♦Board Certified City, County, & Local Government law
Kohn Bennett. City Attorney
City of Cape Canaveral
Amari & Theriac, P.A.
P. O. 1807
Cocoa, FL 32923
Re: Sign Ordinance
Dear Kohn:
Reply To: Cocoa P.O. Box
June 15, 2000
maim Sq
% Willard Stmt, Suito
P.O. Boat
Cocoa, Florida 32923-
Teiephone (321) 639 -
Fax (321) 639 -
Imperial P
Suite 1
6769 N. Wickham i3
Metbourne, Fk
Telephone (321) 259-4
Fax (321) 254.
I am writing this letter to set forth several recommended changes to the City's draft Sign
Ordinance. My recommended changes are as follows:
1. Add the following paragraph to Section 94-3(c).
This Chapter is also intended to permit on -premises permanent signs within the
City of Cape Canaveral, and any such lawful sign may display a noncommercial
message in addition to, or in lieu of, any other message. For purposes of this
Chapter all noncommercial speech shall be deemed to be on -premises. Nothing in
this Chapter shall be construed to regulate the content of the message displayed on
any sign.
2. Revise Section 94-33 to read as follows
Sec. 94-33. Issuance of Permits
(a) Upon the receipt of a completed building permit application
and upon payment of the appropriate building permit fee by
the applicant, the Building Official shall promptly conduct
an investigation of the application, the proposed sign and
302
Z ' d 0699- 6E9- T ZE OU I83HI118UWU d0 T s b0 00 ST nr
Kohn Bennett, City Attorney
June 15, 2000
Page 2
the premises. The Building Official shall grant or deny the building
permit application within twenty (20) days from the date the completed
application with application fee was filed with the City.
(b) If, after review and investigation as required herein, the Building
Official determines that the application meets the requirements
contained in this Chapter and determines the proposed sign will not
violate any building, electrical or other adopted codes of the City
of Cape Canaveral, the Building Official shall issue the permit.
(c) if, after review and investigation as required herein, the
Building Official determines that one or more reasons for
denial exist, the permit shall be denied and the Building
Official shall make a written report of the denial and the
reasons therefore. A copy of the report shall be sent by
certified mail to the designated return address of the
applicant on the application. The application for a permit
shall be denied if one or more of the following conditions
are found to exist:
a. The application does not comply with the requirements of
this Chapter; or
b. The application would violate any building, electrical or
other adopted codes of the City of Cape Canaveral.
(d) Any person denied a building permit for signs may file as a matter or right
a written notice of appeal to the Board of Adjustment within ten (10)
calendar days after rendition of the denial pursuant to the provisions of
Section 94-33. The Construction Board of Adjustment shall hold a
hearing and decide the appeal within thirty (30) calendar days from the
date the notice is received by the Construction Board of Adjustment. The
decision of the Construction Board of Adjustment shall be final. No
further exhaustion of administrative remedies shall be necessary for
judicial review of the administrative action. An applicant whose
E ' d
0699 -669 -TOE 9d I83HI1 I8UWU d0 T s b0 00 ST �nr
Kohn Bennett, City Attorney
June 15, 2000
Page 3
application is denied by the Construction Board of Adjustment may
immediately appeal as a matter of right to a court of competent
jurisdiction, which Court shall promptly review said application. The
record of the hearing shall consist of the complete record of the 4
proceedings before the Construction Board of Adjustment.
3. I have several comments regarding Section 94-78 Political Signs:
(a) The definition of "Political Signs" includes signs "presenting an issue to
be voted upon" in an election. However, Sec. 94-78(a) regarding the time
of sign erection only permits the erection of political signs when the
candidate qualifies for office. Political issue signs, therefore, would never
be allowed to be erected under the proposed Code because political issue
signs (as defined) do not have a candidate qualifying for office (e.g.,
charter referendum issue). Notwithstanding, some courts have held
placing a complete ban on the posting of political signs except for a certain
period of time preceding an election is constitutionally defective on equal
protection grounds and a violation of First Amendment rights. The City
may wish to reconsider Section 94-78(a).
(b) Section 94-78(d) requires the written permission of property owners
before the placement of political signs on private commercial and
industrial property. However, written permission is not required before
placement in residential zoning districts. What is the basis of this
distinction? The City may wish to consider simply requiring the consent
of private property owners before uny sign is placed on private property.
(c) Section 94-78 appears to treat political signs differently from other types
of similar signs in many regards (e.g., specifications, location, and
deposits). By making these distinctions, a person could make a very good
argument that Section 94-78 is a "content based" ordinance. In other
words, the different and additional regulations only apply because of the
"speech" or "message" on the sign (e.g., a candidate's message or the
political issue to be voted on). Content based regulations must survive
strict constitutional scrutiny and are declared unconstitutional unless the
government can demonstrate a "compelling governmental purpose" for the
regulation. Although not impossible, the government usually cannot
ip'd 0699-669-126 381H3H1118UWU dOT=bO 00 St tC
Kohn Bennett, City Attorney
June 15, 2000
Page 4
demonstrate a compelling governmental purpose. See e.g., Letter to City
of Cocoa, dated October 3, 1996. The City, therefore, may wish to
reconsider Section 94-78 and regulate "political signs" through the
adoption of sign regulations that apply not only to political signs but other
signs as well. The results can be achieved without the need to examine the
constitutional issues inherent in any political sign regulation. for example,
any sign which obstructs the view in any direction at a street, road, access
drive, alleyway, or intersection or any other traveled way could be
prohibited.
If you have any questions or desire additional information, please do not hesitate to
contact me.
Sincerely,
Ail
Anthony A. Garganese
(Signed in Mr. Garganese 's absence
to avoid delay)
AAG:kec
enclosure
cc: Bennett C. Boucher, City Manager (w/enc.)
S'd 0699-669-126 3UId3H1NIdUWU dT T :b0 00 ST nr
LAW OFFICES
AMARL -r RUC & EISENIVI]ENGER, P.A.
Anomer ad ConwWon At Law
Richard S. AMIXI
Kobe Seem" Rept' To: Cocoa
R~ R. sem
Bradly Roser Beuirr. Sr.
Gretory W. Mmmemter
Carta iNeetey Freitat
Aothooy A. Garaaaaoe
Mitchdl S. Goran
Georgie E. Harding
J. Wedey Flowze. Jr.
Clark S. Peters
Do"d M. Pm Amck
Jame% S. TheriK. III
October 3, 1996
Terry Seawell
Acting City Manager
City of Cocoa
603 Brevard Avenue
Cocoa, FL 32922
Re: Politica! Signs
Dear Terry:
Marmer
% WWard
Cocoa. Florida 32M
Tdepboae (4071639
fax (*M 639
Impend
wife
6769 N. Wickbam
Melbaaraa, Florida
Tde*MW (4071239
Fax (4071 2S9
Pursuant to the City Council's direction at the September 10, 1996 meeting, we have
reviewed the City's Political Sign Ordinance in view of Candidate Golding's (U.S. House)
allegations it is unconstitutional with regards to the $50.00 permit fee.
In sum, given the preferred status accorded political speech, and the persuasive authority
in other jurisdictions which have dealt. with this particular issue, we conclude .that the City's
existing 550.00 permit fee for political signs is constitutionally suspect. Our conclusion is based
on the following brief analysis of the applicable case law:
The First Amendment has its fullest and most urgent application to speech
uttered during a campaign for political office. Burson v. Freeman, 504 U.S. 191
(1992). Under general First Amendment analysis, a law that is based on content
(e.g. political speech) must be subjected to the most exacting scrutiny. Ward v.
Rock Against Racism, 491 U.S. 781 (1989). Therefore, if a law applicable to
political signs is content -based, the City must demonstrate that the Iaw is
"necessary to serve a compelling governmental interest and that it is narrowly
drawn to achieve that interest." Id. It is the rare case in which a law survives
this kind of strict scrutiny. Burson, 504 U.S. at 211. A law is deemed content -
based if a city differentiates between campaign signs and identical displaying
9'd 0699-669-T26 OUI83HIIIMUWU dTT=bO 00 ST 4+nC
Terry Seawell
Acting City Manager
October 3, 1995
Page Two
nonpolitical messages and presenting identical cone. Whitten v. Ciry of Gladstone,
54 F.3d 1400 (U.S. 8th Cir. 1995).1
In the City's case, the $50.00 permit fee in Section 3-25(c)(2)c. of the Cocoa Code may,
applies to political signs and not other signs. Therefore, based on the aforementioned case law,
a court will most likely construe the S50.00 permit fee as content -based. As a content -based
law, the City must demonstrate a compelling governmental interest for requiring a $50.00 permit
fee on campaign signs. The City Code fails to indicate any governmental interest the $50.00
political sign permit fee is designed to serve. In addition, even if the City asserted today that
the permit fee promotes the City's interests in traffic safety and aesthetics, such interests,
although substantial, have never been held to be compelling. Whitten, 54 F.3d 1408.
Consequently, the $50.00 permit fee for political signs will not survive strict scrutiny analysis
and thus, it is our opinion that the $50.00 permit fee would most likely be declared an
unconstitutional restraint on free speech by a court of competent jurisdiction.
Notwithstanding the foregoing, we do not opine that the City is prohibited from enacting
a constitutional permit fee for political signs in the future. In our brief research, we were unable
to find any case law which held that a content -neutral permit fee which applies to political signs
is unconstitutional per se. A content -neutral permit fee is a fee = based on the content of the
message being conveyed on the sign (e. a. political speech), but rather is based on content -neutral
criteria such as the type, size, or location of a particular sign.
In addition, the City should consider the holding in.Baldwin v. Redwood City, 540 F.2d
1360 (U. S. 9th Cir. 1976). The Baldwin Court held that a SI.00 fee for inspecting the size of
a sinal& campaign poster was unconstitutional because it was arbitrary since it bore no
relationship to the cost of inspection. Therefore, the absence of apportionment suggested the
inspection fee was not a reimbursement for administrative costs but an unconstitutional rax upon
the exercise of First Amendment rights. Id. at 1371.
Consequently, we recommend the City repeal the existing ordinance regarding the S50.00
permit fee for campaign signs.
t For example, a regulation which effects a political sign with the dimensions of 2' x 2' buc does not affect
a similar commercial sign constitutes a conteut•based regulation.
L'd
0699-669-106 OUI83HI118UWU dT T :b0 00 ST ��r
Terry Seawell
Acting City Manager
October 3, 1996
Page Three
If you have any questions, please do not hesitate to contact me.
Sincerely,
AMARI, T M; AC & EISENMENGER, P.A.
Anthony A. C
Assistant City
AAG/aa
cc: Richard S. Amari. City Attornev
8"d 0699-669-I26 0dI83HiTI8UWU dal:b0 00 SI nr
Memo:
3-13-00
To: Todd Peetz, City Planner
Through: Dennis Franklin, Building Official
From: Greg Mullins, Code Enforcement Officer &S U
Subject: Sign Ordinance Revisions for Final Draft
In regard to the revised sign ordinance that was reviewed by the Planning & Zoning
Board on the March 81h meeting, there was some language in the ordinance that needed
to be cleaned up.
The following sections of the ordinance are needing to be revised so as to make the
ordinance more user friendly and enforceable from the functions of staff -
Section 94-1 Definitions, suggest that we add additional language to the
ordinance, as follows:
Significant Interest, Attraction Getting Devices, and Flags & Pennants to the
definition section and define these terms.
2. Section 94-6 Prohibited Signs, (# O), ground signs with exposed metal poles.
Suggest that we remove this language in the ordinance. (Present language in the
ordinance defines a ground sign, and almost all ground have exposed metal poles
for supports. If the city decides in the upcoming future to change the criteria for
height and size restrictions, then they can address this issue either by referendum
vote or by ballot. This would create a lot of non -conforming signs.)
Section 94-6 Prohibited Signs, suggest that we add Temporary signs, as ( # T),
unless other -wise specifically mentioned in the code, and flags & pennants to this
section. (This will cover all types of signs that may be placed outdoors for
display.)
3. Section 94-35 Fees, (# 2), fees for signs calculated on square footage.
Need to remove this section from the ordinance, in conflict with schedule of fees.
(Ordinance was changed when the schedule of fees were updated, 1998 and was
changed to the costs evaluation of the building permit fee table, overall costs.)
SIGN ORDINANCE
FINAL DRAFT
PROPOSED CHANGES
PAGE 2
4. Section 94-61 Restrictions on Placement, (# B), suggest that we add benches.
Section 94-62 Hazardous & Abandoned Signs, # C), makes reference to Section
110-469 Visibility at Intersections, which is less stringent than the language of the
sign ordinance. Do we need to cross reverence this ordinance section?
Section 110-469 Visibility at Intersections, covers placement of fences, walls,
hedges, signs, etc.
6. Section 94-64 Criteria & Standards for Measurement & Placement, (# E), makes
reference to height of signs and the point of ground adjacent to the sign for height,
in the first sentence of the paragraph. Suggest that we remove the word height
from the first sentence.
Section 94-64 (# G), Size Limit, Makes reference to height of sign no more than
30' feet above ground. Need to add the language that the overall height of the sign
is measured by (# e), or add language to the section that the overall height is
measured from edge of street paving.
7. Section 94-76 Temporary On -Premise Signs, (# A) references new businesses
and new construction projects can have signs for 30 days prior to the opening
and removed five days after opening but no reference to the construction aspect.
Need to add language to stoppage of construction.
(# C), need to add language to the sentence "to promote a matter of significant
local, regional or national interest" to this sentence. We may also want to
define what is a matter of significant local, regional or national interest, in the
definition section, 94-1 Definitions. There has been confusion regarding what is
considered local interest, sale, hours of operation, etc.
Section 94-81 Temporary Off -Premise Signs, (# D), references new businesses
can have signs for up to 60 days after opening. Does the city want these types of
signs on off -premise properties longer than on -premise signs? Seems like it would
be reversed, to allow the on -premise signs where the business is located to have
the sign there for the longer duration.
Section 94-81 Temporary Off -premise Signns,(3 E), Sign restrictions along the
following corridors, need to add SR AIA or N. Atlantic Avenue to Astronaut
Blvd designation.
cc: cty attrny
Meeting Type: Regular
Meeting Date: 05-16-00
AGENDA
Heading
Discussion
Item
12
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: PROPOSED SIGN CODE AMENDMENTS
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
City Council review and comment on the proposed amendments to the sign code as recommended by the
Planning & Zoning Board.
1
J
&immary Explanation & Background:
The height and size of signs within the code have remained unchanged.
Recommend that City Council place this ordinance for first reading (public hearing) June 6'.
Please advise.
Exhibits Attached:
Proposed ordinance
City Manager' ' Office Department P&Z/GROWTH MGMT
g:/8 it/mee ' 2000 j6- /sign.doc
STAFF REPORT
Date: May 11, 2000
To: Mayor and City Council
Through: Bennett Boucher, City Manager
From: Dennis E. Franklin, CBO, Building Official
Re: Proposed changes to the City Sign Code.
City Planner, Todd Peetz has provided the revisions and cleaned -up
version of the proposed sign code. The Building Department staff,
has reviewed this document, and respectfully submit this revision for
your review and consideration.
ORDINANCE NO. 08 -2000
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94,
SIGNS, BY RE -ADOPTING THE CHAPTER IN ITS ENTIRETY,
PROVIDING ADDITIONAL DEFINITIONS, EXCEPTIONS,
LIGHTING, CRITERIA, STANDARDS, CONFORMANCE TIME
LIMITS, OFF -PREMISES SIGNS, AWNINGS AND CANOPIES,
AND AUTOMOTIVE SERVICE STATION SIGNS; AMENDING
DISTRICT REGULATIONS REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that this Ordinance is for the purposes of
promoting the health, safety, and welfare of the inhabitants of the City of Cape Canaveral;
and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed and
recommended this Ordinance for approval at a public hearing to the City Council; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
re -adopt Chapter 94 regarding signs in its entirety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CAPE
CANAVERAL FLORIDA, as follows:
SECTION 1. Chapter 94, Signs, of the Code of Ordinances of the City containing
Sections 94-1 through 94-100, inclusive, is hereby repealed in its entirety, and the
following is adopted in lieu hereof:
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 electric discharge tubing attached as 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.
Air inflated devices means attention getting devices that are inflated with lighter than air
gas or are supplied inflation from a blower or fan that, when energized, keep the device
erect.
Animated/Flashing Sign means any sign which uses lights that flash or alternate or which
includes action, motion or illusion of motion, designed electronically, usually to give
messages by means of slight progressive changes. This definition shall also include signs
with rotating panels, generally referred to as tri -vision signs.
Attraction board means any sign on which the copy may be manually changed from time
to time by use of changeable letters or panels.
Jllraclion->e�� Bing devices means any badget or mechanical contrivance, sclienie drawing,
r«sc or trick symbol emblem, insignq rcvalia or motto ilicluciingmurals. but excludin
ornate architectural features of a building, selectively narrowing or foeusing receptive
conSIOLImess.
Awning means any structure, fixed or capable of being raised or lowered, made of fire
resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes
from a building fagade as a roof -like structure and is supported entirely by the building
without the use of ground supports.
Banner sign means any sign having the characters, letters, illustrations or ornamentation
applied to cloth, paper or fabric__inclLid inng animated, rotating and or tlutterivcicvices,
tLw,s anis permants but excluding doe -s- not rnclud government flags for the purposes of
this ordinance designated to attract_attenti,oil.
Billboard means a sign advertising a product or service, including entertainment, whose
product or service is not available for sale or performance at the place where the sign is
located.
Building art shall include two and three dimensional murals, mosaics, paintings and
artistic applications, which are applied to buildings, structures and properties, intended to
draw attention to a business, place, event or attraction. Building art does not include the
portion of a building that is permitted to accommodate a wall sign.
Canopy means any structure other than an awning, made of fire resistant cloth, wood,
metal or plastic with or without metal or wood frames, attached or detached and
supported, in part, or entirely, by the ground.
Code enforcement board means a board established in section 2-256 et seq. to enforce
this Code.
Construction sign means any sign of a temporary nature placed at a construction site after
the issuance of a building permit that depicts the name, address and state license number
of the primary or sub contractors. A construction sign may or may not contain
information relating to the project under construction at the location of the sign.
2
Directional sign means a sign directing or guiding traffic or people to entrances, exits or
parking.
Electric discharge tubing (neon)(fluorescent) shall mean an illumination system using an
electrified inert gas (such as neon), placed inside clear or colored transparent tubes, which
can be bent into various letters, designs and shapes.
Erect means to build, construct, attach, hang, place, suspend or affix and also includes the
painting of wall signs.
Exempt signs means signs exempted from normal permit requirements.
J.7ag means the flying of individual national, state. county. city or flags of political
national origin attached to rlfree standin"R? etsj_niounted on th.e.lrnund.or to_flazs
attached to the facade of'a structure. limited to five (5) in number. provided such tlags
sliall not h uscd in such away to attract -_attention ofthe public for_coniniercial purposes.
Flags larger than three (3) feet by five (5) feet shall be considered suns and shall be
calCUlated as part ofthe n�axirnunl square Footage and matiniunI IlUmberof'signs.
Ground sign means a sign supported by poles, uprights or braces, visible or enclosed, that
are placed in or upon the ground.
Marquee sign means a projecting sign attached to or hung from a marquee or such
marquee shall be known to mean a canopy or covered structure projecting from and
supported by a building, when such canopy or covered structure extends beyond the
building, building line or property line.
Noncombustible material means a material which, in the form and thickness in which it is
used, meets any of the following:
1. Materials which pass the test procedures for defining non -combustibility of
elementary materials set forth in ASTM E136.
2. Materials having a structural base of non-combustible materials as stated in
subsection (1) of this definition, with a surfacing not more than one-eighth inch
thick, which has a flame -spread rating not greater than 50 when tested in
accordance with the method of test for surface burning characteristics of
building materials set forth in ASTM E84.
Nonconforming sign means any advertising structure or sign which was lawfully erected
and maintained prior to such time as it came within the purview of this chapter and any
amendments thereto, and which fails to conform to all applicable sections and restrictions
of this chapter, or a nonconforming sign for which a special permit has been issued.
Off-site%ff-premises sign means a sign not related in its subject matter to the use of the
premises on which it is located.
3
On-site sign means a sign related in its subject matter to the premises on which it is
located.
Outdoor advertising display means any letter, figure, character, mark, plane, point,
design, poster, pictorial picture, stroke, stripe, line, trademark, reading matter or
illuminated service which shall be constructed, placed, attached, painted, erected,
fastened or manufactured in any manner whatsoever so that such shall be used for
attraction of the public to any place, subject, person, firm, corporation, public
performance, article, machine or merchandise whatsoever, which is displayed in any
matter whatsoever out-of-doors.
Owner means the person owning the fee simple title to the property upon which a permit
is required.
Permittee means the person in possession or having the beneficial use of property upon
which a sign is located for which a permit is required.
Political sign means any sign used solely to present information suggesting a candidate's
suitability for elected public office or presenting an issue to be voted upon in the
upcoming election.
Portable signs means signs that may be hauled or towed from one location to another, are
self supporting, are designed to be temporarily placed without a permanent base or
fastening.
Projecting sign means a sign which is affixed to any building wall or structure and
extends beyond the building wall, structure, building line or property line more than 12
inches.
Public interest sign means a temporary sign used to advertise a charitable, educational or
religious special event.
Real estate sign means any sign used solely for the sale or lease of property on which the
sign is located.
Registered engineer means an engineer registered in the state whom is in good standing
with the state board of engineering examiners.
Roof sign means any sign erected upon, against or directly above a roof or on top of or
above the parapet of a building.
Shopping center/multi-tenant center means a building with two or more businesses.
S4gnificant Interest means an event having a coninninity, local, regional and or national
interest. Sit,,niticant_interest does not pertain to advertisertients for proprietar 7 or personal
gain.
4
Sign means and includes every display, billboard, ground sign, wall sign, illuminated
sign, projecting sign, temporary sign, awning sign, canopy signs and street clock and
includes any announcement, declaration, demonstration, display, illustration or insignia
used to advertise or promote the interests of any person, business or event when such is
placed out-of-doors in view of the general public.
Sign erector or contractor means any person engaged in the construction, reconstruction,
or erection of any sign requiring structural frame -work and support or using electric
power or requiring a scaffold for erection or applications.
Sign writer or painter means any person engaged in the paining or application of signs on
windows, doors, walls, awning or elsewhere, when such signs require no structural
framework or electrical power.
Snipe sign means a small sign of any material, including but not limited to paper,
cardboard, wood or metal, attached to any object and having no application to the
premises where located.
Street right-of-way means property, which is committed for use as a public access route
and primarily intended for vehicular movement.
Temporary signs means signs constructed of cloth, canvas, light fabric, cardboard,
wallboard, plywood or other light materials, with or without frames, intended to be
displayed for the extent of time as allowed in the specific sections of this chapter.
Tenant space means that portion of a building separated by walls or partitions that extend
from the floor to the ceiling or roof deck without interconnecting openings.
Vehicular sign means any sign applied to, affixed to, or placed upon a vehicle in such a
manner as to be visible to the public.
Wall sign means a sign that is affixed to the wall of any building, when such sign shall
project not more than 12 inches from the building. Wall signs may not extend above the
roofline or fagade.
Window sign means illuminated and non -illuminated signs placed in the exterior windows
of a structure, and which can be viewed from the outside of the structure.
Sec. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate the design, construction and location of signs
that will protect the safety and welfare of the public, eliminate dangerous and unsightly
signs and provide for adequate maintenance and inspection of signs without impeding the
inherent right of business to advertise and reasonably assist potential customers in
6!
locating and identifying any service or facility they may desire to use or any product they
may desire to purchase.
(b) This chapter is intended to cover all requirements relative to types, sizes, heights,
verbal content, permissible locations, restrictions, permits and licenses, inspections,
indemnification, materials of manufacture and construction, methods of erection,
maintenance, procedures for requesting variances and penalties for violation of this
chapter for all signs placed, installed and erected within the city limits which are exposed
to the out-of-doors view of the public.
Sec. 94-3. Administrator.
The Building Official shall act as administrator of this chapter, acting in lieu of the city
council. As used in this chapter, the term "administrator" shall include his authorized
representative.
Sec. 94-4. Exemptions.
The following signs are excluded from the operation of this chapter unless otherwise
noted:
(1) Decals affixed to or signs painted on equipment, fuel pumps or other types of
vending equipment used for dispensing retail products.
(2) Signs wholly within a building, excluding window signs (see Sec. 94-1,
Definitions).
(3) Memorial signs, tablets or plaques or names of buildings and date of erection
when such are cut into any masonry surface or when constructed of bronze or
other non-combustible material.
(4) Professional nameplates not exceeding three square feet in area.
(5) Bulletin boards, riot to exceed two (2), each not over eight square feet in area
for public charitable or religious institutions, when the bulletin boards are
located on the premises of such institutions, and one identification sign not
exceeding ten square feet.
(6) Occupational signs denoting only the name and profession of an occupant in a
commercial building, public institutional building or dwelling house, which
are placed flat against the exterior surface of the building and not exceeding
three square feet in area, except in residential single-family and duplex
buildings where the size shall not exceed two square feet.
(7) Directional signs to historical or other points of interest, which are maintained
or operated as commercial attractions, public or religious sites, and are less
than 2 square feet in size.
(8) Traffic or other municipal signs, legal notices, danger signs and temporary
emergency or non -advertising signs.
6
(9) Signs consisting of an arrangement of a group of single cutout letters when
securely fastened to a building or structural part of a building, in accordance
with section 94-96 (a) (4), 94-96 (a) (4) and 94-98 (a) (4).
(10) Traffic directional signs utilized for traffic flow such as "enter", "exit",
"in", "out", etc. when less than one square foot in size and not exceeding two
feet in height.
(11) Window signs that do not exceed 25% of the total individual glazed area
and are placed in the upper or lower half of the individual glazed area. -Further,
the sales transaction area, as well as any other areas that may be deemed as
necessary for viewing for safety purposes by a law enforcement agency, shall
not be obstructed from view from the outside of the building.
(12) Signs for events sponsored by the municipality.
Sec. 95-5. Penalty for violation.
(a) Any person who knowingly violates or fails to comply with any of the sections of
this chapter or any erector, owner or user of an unlawful sign or any owner of the
property on which an unlawful sign is located, shall, upon conviction, be punished
as provided in section 1-15.
(b) In addition to the criminal penalties provided in this section, any violation of this
chapter shall be subject to enforcement by section 2-246 et seq., according to the
procedures legally established for such board and subject to the penalties provided
by F.S. 162.
Sec. 94-6. Prohibited signs and features.
(a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit
requirements, including political signs, are prohibited on public utility poles or
trees.
(b) Obstruction of free ingress or egress. No sign shall be erected, relocated or
maintained so as to obstruct free ingress to or egress from any door or fire escape,
other than warning signs. No sign of any kind shall be attached to a standpipe or
fire escape.
(c) Signs on rights-of-way. Signs, except for those which are property of the state,
city or county, shall not be erected, posted, painted, tacked, nailed or otherwise
place or located on or above any road right-of-way.
(d) Animated/Flashing signs are hereby prohibited.
(e) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not
securely and permanently attached to the ground or a building is prohibited.
(f) Signs on vehicles. Any vehicle or trailer with a sign or signs attached thereto
placed or painted thereon, visible from any public right-of-way, shall be
prohibited, subject to the following exceptions:
7
(1) Any vehicle or trailer which is actively engaged in making deliveries, pick
ups or otherwise actively in use an_d sign face does not -ro-trude in exccss_of
1i8 of an inch from the vehicle. Such vehicle or trailer when not in use shall
be parked so as not to be visible from any public right-of-way.
(2) Where no alternate location for parking that is not visible from the public
right-of-way is reasonably available, such alternate location shall be as
inconspicuous from the public right-of-way as possible.
(g) Off-premises signs. It is the expressed legislative intent of the city council that there
shall be a prohibition, without any exceptions, against the use of any portion of a
street, sidewalk, alley, right-of-way or public thoroughfare for the display of
merchandise for sale or the location of portable or movable signs or stands to
advertise or draw attention to the business or any person or the parking of vehicles or
other types of contrivances which are, in and of themselves, unique and unusual and
are parked for the purpose of attracting attention to the person's place of business or
the parking of vehicles or other types of contrivances to which there is attached a sign
advertising the business or produce sold by the business or any person or designed to
attract attention thereto. However, the prohibition against the use of the streets for the
parking of vehicles is not intended to prohibit the bona fide parking of any vehicle
used primarily by the owner thereof for the purpose of transportation,
notwithstanding that such vehicle may have painted upon the exterior surface the
owner's name or address or business slogan or trademark or other emblem which
identifies the vehicle's owner or business in a manner consistent with that customarily
found on commercial vehicles or vehicles used for commercial purposes.
0) Off-premises signs. Any sign not related in its subject matter to the premises on
which it is located is prohibited, L[nlesS otherwise specified in the code.
(k) Exposed electrical discharge lighting (neon or fluorescent) is strictly prohibited
for use in any type of sign located within the City of Cape Canaveral.
(1) Accent lighting on the exterior of any building is strictly prohibited within the City
of Cape Canaveral.
(m)Building Art is strictly prohibited on the exterior of any building within the City of
Cape Canaveral.
(n) Window signs that do not comply with Sec. 94-4 (12).
(o) Ground Signs with exposed metal poles when less than eight feet in height.
(p) Air inflated devices.
(q) Marquee signs.
(r) Roof signs.
(s) Projecting signs.
(t) TenzLporarti Suns, winless speccificalltr nzentioraed in this code
8
c'ni ants lhal arc nol gc» c rnnicfltal in ori
(y) ,Sins that emit aq audible sound, odor, or risible matter such as smoke or steam.
(w)Siktls that arc ?lade with of pritlled mt! Erni' i�eg-etatiort curbstone flagstone,
J)c!l'etnellt, or af'Zl' o /T OTT ( f{l t' SlLleil'a{{i or SUE(:'t CKC'C:'�71;hOtaSf' nlfTTlbei''s and
traffic control sigf! s.
Sec. 94-7. Conformance.
All signs or other advertising structures erected within the city limits shall conform to this
chapter. Every sign or other advertising structure lawfully permitted at the time of
adoption of this chapter, which violates or does not conform to this chapter, shall be
removed or altered or replaced so as to conform with this chapter by a date to be
determined by a future referendum.
Sec. 94-8. Identification.
Every outdoor advertising display erected, constructed or maintained, for which a permit
is required, shall be plainly marked with the name of the person erecting and maintaining
such sign and shall have affixed on the front thereof the permit number issued for the sign
by the building official.
Sec. 94-9. Wind pressure and dead load.
All signs and other advertising structures shall be designed and constructed to withstand a
wind velocity as set forth in the building code adopted in section 82-31 and shall be
constructed to receive dead loads as required by the building code or other codes of the
city.
Sec. 94-10. (Reserved)
Sec. 94-11. Maintenance, notice to repair.
Each sign shall be maintained in a safe condition. When the sign is in need of repair or
maintenance, the owner shall be notified in writing. The owner shall have ten days to
make such repairs or remove the sign. If this order is not complied with, the building
official may remove the sign and a lien may be filed against the property for the expense
incurred in removal of the sign.
Secs. 94-12 -- 94-30. Reserved.
ARTICLE II. PERMITS AND INSPECTION
Sec. 94-31. Permit required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to
paint, 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 for each such sign from
the building official. This shall not be construed to require any permit for a change of
9
copy on a sign for the repainting, cleaning and other normal maintenance or repair of a
sign or structure for which a permit has been issued, so long as the sign or sign structure
is not modified in any way.
(b) A separate electrical permit shall be required for any sign containing electrical
components to be connected to an electrical energy source.
(c) No new permit is required for a sign which has a permit and which conforms with this
chapter on the date of its adoption. A new permit shall be required for any sign when the
structural configuration of electrical components are altered or when the sign is relocated.
Sec. 94-32. Application for permit.
Application for a permit required under this article shall be made upon forms provided by
the building department and shall contain or have attached the information required on
the form.
Sec. 94-33. Issuance of permit.
When an application for a permit for the erection, alteration or relocation of a sign has
been properly made and the sign complies with this chapter and all other applicable
ordinances and regulations of the city, the building official shall issue the requested
permit. If the work authorized under an erection permit has not been completed within six
months after date of issuance, the permit shall become null and void.
Sec. 94-34. Revocation of permit.
The building official is authorized and empowered to revoke any permit issued under this
article for failure of the permittee to comply with any of the sections of this chapter. Such
revocation shall be in writing and shall show cause for the revocation notice. Within
seven days after the mailing of notice, the permit holder may request, in writing, to the
city manager for a hearing before him to show cause why the permit should not be
revoked. Within ten days from the hearing date, the city manager shall give him a
decision in writing.
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 to this Code and shall
include fees for the following:
(1) For- issuing a pefmit.
(1) In addition, foes lo_r signs_.are calculated by square are fooconsistent N ith the
C:'itN's sclledulc of ices. O+c ins peetion fee- sliall be ealeulat d ^ . foo
(2) Reinspection.
10
(3) If any person commences any work before obtaining the necessary permit, all
fees shall be doubled.
(4) For political signs, see section 94-78.
Sec. 94-36. Inspection by building official.
The building official is empowered to enter or inspect any building, structure or premises
in the city upon which or in connection with which a sign is located, for the purpose of
inspection of the sign, its structural details and electrical connections and to ensure
compliance with this chapter. Such inspections shall be carried out during business hours,
unless an emergency exists.
Sec. 94-37. Notice for inspections.
The person constructing, erecting or relocating a sign for which a permit is required shall
notify the building department at all stages of construction that require inspection and
approval by the building official. Authority for and time of such inceptions shall be as
follows:
(1) A footing inspection for all detached signs shall be required.
(2) A final structural inspection shall be required at completion of the work on all
types of signs.
(3) A final electrical inspection shall be required on all signs containing electrical
components and wiring to be connected to an electrical energy source.
Secs. 94-38--94-60. Reserved.
ARTICLE III. SIZE, LOCATION AND CONSTRUCTION
DIVISION 1. GENERALLY
Sec. 94-61. Restrictions on placement.
(a) No sign of any character shall be suspended across any public street, avenue or
alley.
(b) No sign of any description shall be painted, pasted, printed or nailed on any curb
or sidewalk or upon any trees, light standards, utility poles, hydrants, benches:
bridges or any structures, other than awnings, within the property lines of any
street, avenue or alley within the limits of the city, without permission of the
Nlilditig official eity eouned.
(c) No sign of any kind shall be attached to any private wall, window, door, gate,
fence or to any other private structure, without the written permission of the city
council.
(d) No sign of any kind shall be attached to any private wall, window, door, gate,
fence or to any other private structure, without the written permission of the
11
owner or lessee and without compliance with restrictions otherwise in this
chapter.
Sec. 94-62. Abandoned and hazardous signs.
(a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail
or refuse to remove any sign, after ten days of the service of notice from the
building official, which advertises a business or product which has not been
conducted or sold at the premises where the sign is located for more than six
consecutive months prior to the date of the notice from the building official. If the
order to remove is not complied with, the building official may remove the sign,
and a lien may be filed against the property for the expense incurred in removal of
the sign.
(b) Hazardous signs. The building official shall refuse to issue a permit for any sign
which will constitute a hazard and a potential menace to the safety of the public,
and he may require the removal of any sign which is not properly maintained or
which is or will become unsafe and constitute a hazard to the safety of the public.
It shall be unlawful for any permittee or owner to continue to display any sign that
constitutes a hazard to the safety of the public. It shall be unlawful for any
permittee or owner to continue to display any sign that constitutes a hazard after
48 hours from the time of notice by the building official requesting the removal of
such sign, unless within that time, the permittee or owner shall have filed with the
building official notice of his intention to appeal his decision to the code
enforcement board. Any such sign displayed more than 48 hours after notice to
remove the sign may be removed by the city at the expense of the permittee or
owner, unless the matter is pending an appeal to the code enforcement board or
unless the decision of the building official has been reversed by the code
enforcement board.
(c) Signs constituting traffic hazard. No sign or other advertising structure as
regulated by this chapter shall be erected at the intersection of any street in such a
manner as to obstruct free and clear vision; at any location where, because of the
position, shape or color, it may interfere with, obstruct the view of or be confused
with any authorized traffic sign, signal or device; or which makes use of any word
commonly used on traffic control signs or signals. Visibility at intersections shall
be in accordance with ti �,'Urc 94-64-1 section 110 T -469.
Sec. 94-63. Lighting.
(a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on
ground signs, and wall signs. However, the reflectors shall be provided with
proper glass lenses concentrating the illumination upon the area of the sign so as
to prevent the glare upon the street or adjacent property.
(b) Electrical signs shall comply with the National Electric Code.
Sec. 94-64. Criteria and standards for measurement and placement.
12
(a) Area. The permitted area of ground signs, except in shopping centers/multi-tenant
centers, in all zoning districts, and unless otherwise specified in this chapter, is
dependent on street frontage of the property on the basis of one square foot of sign
area for each lineal foot of property frontage up to the maximum specified in each
zoning district. Wall signs shall be computed on the basis of one square foot of
sign area for each lineal foot of building or tenant space frontage up to the
maximum allowed in each zoning section. For the purpose of determining area,
the total area of a sign is that within the smallest parallelogram, triangle, circle or
semicircle or combinations thereof which will completely enclose the outside
perimeter of the overall sign, including the border, if any, but excluding supports.
Three-dimensional signs shall be measured at the largest vertical cross section.
(b) Combinations of signs. Except where specifically permitted, the types and areas of
signs may not be combined to allow a larger size than that listed for a single sign.
Ground signs may be placed at an angle on a corner at no increase in size over that
of a single sign. The sum or the area of the faces visible from any one point shall
not exceed that allowed for a single sign
(c) Corner lots. Where two ground signs are used on a corner lot, the area of both
signs may not exceed the area allowed for frontage as provided in subsection (a)
of this section.
(d) Display of permit number. The sign permit for all signs requiring a permit shall be
prominently displayed by the owner or user of the sign on the property where the
sign is located.
(e) Height, setback and location measurements. Measurements for heitO}t; setback
and location for all signs in all allowable districts shall be made from that portion
of the sign nearest that point of ground reference to which the measurement is to
be made, but in no event shall a sign of any kind project over public property or
public rights-of-way, whether affixed to a building or otherwise (refer to Figure
94-64-1). The height of signs shall be measured from grade level at the edge of the
street paving and shall include all decorative portions of the sign. All setback
measurements shall be made from the property lines as a point of reference to the
projecting edge or corner of the sign, unless otherwise specified.
(f) Ground signs. Ground signs shall be set back a minimum of six feet from the
property line. No ground sign shall be placed within the triangular area bounded
on two sides by the street right-of-way or property lines and on the third side by a
straight line drawn between those lines at a point located 35 feet from their
intersection (refer to Figure 94-64-2).
(g) Size limit. No ground sign shall be supported so that the uppermost edge is more
than 30 feet above the grade level from edge of street pavement g!-Otind. This
subsection shall not apply to any sign on the face of the building. Any sign that is
not attached to a building shall not exceed 150 square feet on its largest front.
13
Figure 94-64-1. Sign Height and Setback.
Sign Height
measured from
grade level of
closest edge of
street paving.
Frontage= 100'
Ground Sign Area=
Max. 50 s.f.
(1)
Pmnarty I inc i•
CORNER LOT
Total Frontage= 150'
Ground Sign Area=
Max. 50 s.f.
Secs 94 -65--94-75. Reserved.
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(a) A temporary sign may be erected thirty days prior to the opening of a new
business or after the issuance of a building permit for a new construction project
and shall be removed within five days after opening date. A temporary sign permit
is required. and not t_o evec__ed_a total of_tliirtl si_x days...
(b) Real estate signs may be erected without a permit subject to the following:
(2) On R-1 and R-2 zoned property one real estate sign not to exceed six (6)
square feet in size and not to exceed four (4) feet in height. Such sign shall
be confined to the sale site and shall not be placed in any right-of-way or
visibility triangle.
(3) On R-3, C-1, C-2 and M-1 zoned property one real estate sign as shown in
the District Restrictions Matrix (Table 94-96-1). Such sign shall not be
placed in any right-of-way or visibility triangle.
(4) Real estate signs shall contain the broker's license number.
(5) Real estate signs shall be removed immediately upon sale of the property.
(c) A temporary on -premises banner may be erected after application to and permit
issued by the building official for a period not to exceed thirty (30) days._On-
prcmisc banner signs are to promote a matter of significant local.,regional or
national interest as defined in Section 94-1.
Sec. 94-77. Signs in violation.
No off -premises signs or signs on vacant land shall be erected, posted, painted, tacked,
nailed or otherwise placed or located anywhere in the city. This section shall not apply to
real estate or political signs.
Sec 94-78. Political signs.
(a) Time of erecting. No political signs shall be erected prior to the candidate
qualifying for office.
(b) Specifications. The maximum size of a political sign shall not exceed 32 square
feet in face area. A double faced (back-to-back) sign, or a V-shaped sign attached
at one end shall be considered one sign. Political signs shall be constructed out of
wood, hard plastic, masonite or particleboard, of sufficient thickness to afford
protection from the elements. No cardboard or paper shall be used in the
construction of any political sign, except as a paper face if it rests entirely on the
materials mentioned in this subsection and if it is securely attached to the backing
15
by adhesive over the entire surface. Vehicle signs shall be allowed, provided they
do not increase the dimensions of vehicles in excess of one-eighth inch in any
directions. All political signs shall be securely fastened, anchored, placed and
maintained so as not to constitute a hazard.
(c) Location. Political signs shall not be placed on any city -owned property or within
any road or street right-of-way. No signs shall be posted on trees, utility poles or
fence posts.
(d) Written consent. Any political sign placed on any commercial or industrial zoned
property within the city limits must have on file with the building department
written consent from the property owner prior to placement. Written permission of
the property owner is not required for placement of signs in residentially zoned
districts.
(e) Deposit. A deposit as set forth in appendix B to this Code shall be paid to the city
before any political signs are erected. The deposit shall be refunded, provided the
signs are removed within five days of the election in which the candidate's name
appears.
(1) The deposit shall be forfeited for any sign erected within the City of Cape
Canaveral which is not constructed as specified in Section 94-78 (b) of this
Code.
(2) If the signs are not removed within the five day allowance the actual cost of
such removal will be charged to the candidate, minus the deposit.
(f) District requirements. Political signs shall follow district requirements per Table
94-96-1.
Sec. 94-79. Off -premises signs.
Off -premises signs and signs on vacant property which exist on the effective date of the
ordinance from which this section is derived shall remain until they are removed or fall
into disrepair, but in no case longer than December 31, 2005. A sign is in disrepair as
determined by the building official at his discretion. When a sign is determined to be in a
state of disrepair, the city shall notify the sign owner and the property owner of the
existing condition. If the sign owner or property owner fails or refuses to comply, the city
may remove the sign with all costs to be borne by the sign owner or property owner. The
procedure to be followed by the city upon determination that a sign is in the state of
disrepair shall be the same as the procedure established in section 34-66 et seq. relating to
abatement of nuisances.
Sec. 94-80. Billboards.
No new billboards shall be erected in the city. Any billboards erected in violation of this
section shall be removed within 48 hours of notice to the sign owner and property owner.
If the sign owner or property owner fails to remove the sign, the city shall do so at the
sign owner's or property owner's expense.
16
Sec. 94-81. Temporary off -premises signs.
(a) There shall be a limit of one sign per business or activity erecting a temporary off -
premises sign.
(b) Temporary off -premises signs may be erected only by the following:
(1) A housing project or subdivision within the city consisting of ten or more
residential units.
(2) Any new business opening within the city.
(3) A charitable, educational or religious institution as defined in section 70-66,
Code of Ordinances, conducting a special event.
(c) Any such sign is limited in size to 50 square feet per face and may be double
faced. It shall be constructed of sturdy materials as approved by the building
official. There shall be no illumination of any sort provided specifically for the
sign.
(d) The signs may be erected 30 days prior to the opening of a new business or
construction of a new housing project and shall be removed no later than 60 days
after the opening or after housing construction has stopped. Stoppage of
construction shall be defined as the issuance of a certificate of occupancy (final or
temporary), or the construction has been abandoned (ceased) for a period of three
months.
tei In tl � c��c of a public Irl merest ssli,4ii a sign -may -be erected no more than once
year, and must be removed no later than five days after the special event has
c c»lcluclt-tl. a Dtihhc _interest _si n, how ever nia�f_ iiot be erected for mare thal1 a
total of 30 days.
f00} _Signs restrictions along the following corridors are as follows:
Street Minimum Setback Maximum Height
from Right-of-way
Astronaut Boulevard 50 feet 15 feet
(SR A 1_A)
Old State Road 401 10 feet 8 feet
Ridgewood Avenue 10 feet 8 feet
These restrictions affect properties adjacent to these streets with the exception of
any R-1 zoning districts.
04j�The written consent of the property owner must accompany each application for
sign permit. The agent for the owner will verify in writing the authority to execute
a consent form.
17
t�A construction sign (two only) may be erected one by the primary contractor of
a project, and one to include all sub-contractors of a project, after the issuance of a
building permit as required in Table 94-96-1.
(1) Construction signs shall be confined to the site of construction and shall not be
placed in any right-of-way or visibility triangle.
(2) All construction signs shall be removed prior to the issuance of a Certificate of
Occupancy or Completion.
(3) All construction signs shall contain contractors licensing information.
Sec. 94-82. Awnings and canopies.
(a) Signs on awnings shall be allowed only on that vertical portion commonly
referred to as the valance or fringe and shall be calculated as a portion of any
allowable wall sign.
(b) Signs on canopies shall be allowed only when calculated as a portion of any
allowable wall sign.
(c) Address numbers on canopies and awnings shall not be considered as a portion of
the allowable sign footage.
Sec. 94-83. Home Occupation Signs.
A home occupation sign that is non -illuminated and does not exceed two square feet in
area concerned shall be permitted per district requirements if it is affixed flat against the
exterior surface at a position not more than two feet distant from the main entrance of the
dwelling unit. There shall be no more than one of these signs per unit.
Secs. 94-84--94-95. Reserved.
DIVISION 3. DISTRICT REGULATIONS
Sec. 94-96. R-1 low density residential district.
(a) Signs are permitted in the R-1 low density residential district as listed in Table 94-
96-1.
(b) Any sign not specifically permitted in the R-1 district is prohibited.
Sec 94-97. R-2 medium density residential district
(a) Signs are permitted in the R-2 low density residential district as listed in Table 94-
96-1.
(b) Any sign not specifically permitted in the R-2 district is prohibited.
Sec 94-98. R-3 medium density residential district.
18
(a) Signs are permitted in the R-3 low density residential district as listed in Table 94-
96-1.
(b) Any sign not specifically permitted in the R-3 district is prohibited.
Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufacturing
district and M-1 light industrial and research and development district.
(a) Signs are permitted in the C-1 low density commercial district, C-2
commercial/manufacturing district and the M-1 light industrial and research and
development district as listed in Table 94-96-1.
(b) Any sign not specifically permitted in the C-1, C-2 and M-1 districts is prohibited.
Sec. 94-100. Shopping center or multi -tenant center in any district.
(a) Signs are permitted for shopping centers or multi -tenant centers in any district as
listed in Table 94-96-1.
19
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Any sign not specifically permitted under this section is prohibited.
(b) New shopping centers and multi -tenant centers shall be required to produce a
unified sign plan along with its request for development approval.
Sec. 94-101. Automotive Service Station Allowed By Special Exception In C-1
Zoning District.
(a)Signs are permitted in the C-1 low density commercial district for automotive
service stations as listed in Table 94-96-1.
(b) Fuel dispensing pump signs (signs on pumps must be an integral part of the pump
structure) are exempt from the permitting requirements.
(c) The following signs are specifically prohibited:
(1) Attention -getting devices, banners, streamers, whirligigs, flashing,
intermittent, electrical or iridescent devices.
(2) Air Inflated Devices.
(3) Any sign not specifically permitted.
SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the
remaining portions hereof, and it shall be construed to have been a legislative intent to
pass this Ordinance without such unconstitutional or invalid part.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance,
in conflict herewith is repealed.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 2000.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
21
Meeting Type: Regular
Meeting Date: 06-20-00
AGENDA
City Council consider the appointment of Ms. Elizabeth Mars as a regular member to the Beautification Boa d.
Heading
Resolutions
The Beautification Board recommended this appointment at their 06-13-00 meeting.
Item
3
City M 's Office
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2000-21, APPOINTING A REGULAR MEMBER TO THE
BEAUTIFICATION BOARD
DEPT./DIVISION: LEGISLATIVE
P.equested Action:
City Council consider the appointment of Ms. Elizabeth Mars as a regular member to the Beautification Boa d.
Summary Explanation & Background:
The term will expire 11-01-2002.
The Beautification Board recommended this appointment at their 06-13-00 meeting.
Exhibits Attached:
Resolution No. 2000-21; Public Works Director's memo of 06-14-00
City M 's Office
Department LEGISLATIVE
ouncu/m 2lf JH1�l1-2u-UU/z(m-11.doc
RESOLUTION NO. 2000-21
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE
BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance
No. 11-68 created a Board known as the Beautification Board of the City of Cape Canaveral,
Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to appoint a Regular Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Elizabeth Mars is hereby appointed as a Regular Member of the
Beautification Board of the City of Cape Canaveral, Florida, with terms to expire on
November 1. 2002.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of
June, 2000.
ATTEST:
Sandra O. Smith, CITY CLERK
Rocky Randels, MAYOR
Name Yes No
Larry Weber
Richard Treverton
Approved as to Form: Burt Bruns
Buzz Petsos
Rocky Randels
Kohn Bennett, CITY ATTORNEY
G:\CityClk\Resolutions\BOARDS\Appointments\Beautification.doc
JUN -14-00 11:56 AM CAPE CANAVERAL PW 407 799 4980 P.01
MEMORANDUM
TO: Bennett C. Boucher
City Manager !�
FROM: Ed Gardulski MA.
Public Works Director
DATE: June 14, 2000
SUBJECT: City Council Agenda Item for .lune 20, 2000
Approval of Beautification Board Chairperson and Board Member
Recommendations
At the Beautification Board meeting of June 13, 2000, the members voted unanimously on
recommending that Leo Nicholas replace Martha Seymour as Vice Chairperson, and Elizabeth
Mars be promoted from alternate to regular Board Member.
Recommend approval of these changes.
CC: File
- i -- 11 __. 1 .
Meeting Type: Regular
Meeting Date: 06-20-00
AGENDA
Heading
Considerations
Summary Explanation & Background:
Item
4
Exhibits Attached:
No.
City Mana ffice
�
Department LEGISLATIVE
I
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: MOTION TO CANCEL THE REGULAR CITY COUNCIL MEETING OF 07-04-0
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council, by motion, consider canceling the regular meeting of 07-04-00
Summary Explanation & Background:
The next regular meeting will be 07-20-00.
Staff recommends approval.
Exhibits Attached:
Code Section 2-56
City Mana ffice
�
Department LEGISLATIVE
I
§ 2-56
DIVISION 3. MEETINGS*
Sec. 2-56. Regular meetings.
CAPE CANAVERAL CODE
The city council shall hold regular meetings on
the first and third Tuesday of each month at 7:00
p.m. When the day fixed for any regular meeting
falls upon a day designated by law as a legal
national holiday, such meeting shall be held on
the next succeeding day not a holiday. Regular
meetings may be otherwise postponed, canceled
or rescheduled only— by motion ad ted at a re -
ar meeting by a majority vote of the city council.
Aff regular meetings shall be held in the city hall
annex or such other place as designated by a
majority of the council in open session.
(Code 1981, § 271.02; Ord. No. 24-93, § 1(271.02),
8-17-93)
Sec. 2-57. Special meetings.
(a) A special meeting of the city council may be
initiated by any of the following means:
(1) By an affirmative vote of a majority of the
city council pursuant to the Charter, art.
V,§1.
(2) By serving the city clerk notice in writing
and signed by a majority of the city coun-
cil. The clerk shall forthwith give verbal
or written notice to each member of the
council, stating the date and hour of the
meeting and the purpose for which such
meeting is called, and no other business
shall be enacted at that meeting. The
clerk in the notice of a special meeting
initiated in this manner shall allow at
least 24 hours to elapse between the call
of the meeting and the date and hour of
the meeting.
(3) By verbal notice to the city clerk or the
city manager by a majority of the city
council whenever an emergency exists
which requires immediate action by the
council. The clerk shall forthwith attempt
to give notice to each member of the
council stating the hour of the meeting
*Charter references—Meetings, art. V, § 1; rules of
procedure, art. V, § 2.
State law reference—Public meetings, F.S. ch. 286.
and the purpose for which such meeting is
called, and no other business shall be
enacted at that meeting. If, after reason-
able diligence, it is impossible to give
notice to each councilmember, such fail-
ure shall not affect the legality of the
meeting.
(b) All special meetings shall be held in the
city hall or such other place as designated by a
majority of the council in open session and shall
be open to the public and the press.
(Code 1981, § 271.03)
Sec. 2-58. Workshop meetings.
Workshop meetings may be called to informally
discuss matters relating the city business, includ-
ing matters to be placed on the agenda for the
succeeding regular council meeting, by a verbal
notice served on the city clerk at a regular meet-
ing of the city council or in writing and signed by
a majority of the councilmembers. Workshop meet-
ings shall be held in the city hall annex and shall
be open to the public and press. Notice of work-
shop meetings shall be posted 24 hours in ad-
vance at the city hall. Minutes of the workshop
meeting shall be prepared and distributed to
council members.
(Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04),
8-17-93; Ord. No. 26-95, § 1, 11-9-95)
Supp. No. 4 CD2:6
Meeting Type: Regular
Meeting Date: 06-20-00
AGENDA REPORT
AGENDA
Heading
Considerations
Item
5
No.
League of Cities Correspondence
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISIGNATE VOTING DELEGATE FOR THE FLOIDA LEAGUE OF
ANNUAL CONFERENCE
DEPT./DIVISION: LEGISLATIVE
CfTIES
Requested Action:
City Council designate a voting delegate for the Florida League of Cities Annual Conference.
Summary Explanation & Background:
See attached information.
Please advise.
Exhibits Attached:
League of Cities Correspondence
City Man Office
Department LEGISLATIVE
g:/ cil/meeti 2 gue.doc
FLORIDA LEAGUE OF CITIES, INC.
Memorandum
TO: City Managers/City Clerks
FROM: Michael Sittig, Executive Director
DATE: June 1, 2000
SUBJECT: 74th Annual Conference — Florida's Cities evolve -emerge -imagine
VOTING DELEGATE AND RESOLUTION INFORMATION
August 10-12, 2000 — Broward County Convention Center
As you know, the Florida League of Cities' Annual Conference will be held at the Broward
County Convention Center in Fort Lauderdale on August 10-12. This year's theme, Florida's
Cities evolve -emerge -imagine, will provide valuable educational opportunities to help
Florida's city officials serve their citizenry more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each city will make decisions that determine the
direction of the League.
Registration materials have already been sent to each city. Call us if you need more. We
have attached the procedures your city should follow for presenting resolutions to the League
membership. Resolutions must be received by the League no later than July 10, 2000.
Should you have any questions or need additional information, please feel free to call Allison
Payne or Kelvin Robinson at Suncom 278-5331 or 1-800-342-8112.
MS:bcs
Attachments: Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
301 South Bronough Street * Post Office Box 1757 • Tallahassee, FL 32302-1757
Telephone (850) 222-9684 ♦ Suncom 278-5331 ♦ Fax (850) 222-3806 ♦ Internet: http://fcn.state.fl.us/flc/
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74th Annual Conference
Florida League of Cities, Inc.
August 10-12, 2000
Fort Lauderdale, Florida
It is important that each member city sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By -Laws requires that each city select one person to serve as the
city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
City of:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Or Fax to Gail Dennard at (850) 222-3806
Procedures for Submitting Resolutions
74th Annual Conference
Florida League of Cities, Inc.
August 10-12, 2000
Fort Lauderdale, Florida
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League office
a minimum of 30 days prior to the first day of the annual conference.
(2) Proposed resolution will be rewritten for proper form, duplicated by the League office
and distributed to members of the Resolution Committee at least 15 days prior to the
first day of the annual conference. (Whenever possible, multiple resolutions on a
similar issue will be rewritten to encompass the essential subject matter in a single
resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at the
conference; however, a favorable two-thirds vote of the committee will be necessary
to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the members
present. In addition, a favorable weighted vote of a majority of members present will
be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the appropriate
standing policy committee. Such proposals will not be considered by the Resolution
Committee at the conference; however, all state legislative issues will be by the
standing policy committees and the Legislative Committee prior to the membership at
the annual Legislative Conference each fall. At that time, a state Legislative Policy
Statement will be adopted.
Cities unable to formally adopt a resolution 30 days prior to the first day of the conference
may submit a letter to the League office indicating their city is considering the adoption of a
resolution, outlining the subject thereof in as much detail as possible, and this letter will be
forwarded to the Resolutions Committee for consideration in anticipation of receipt of the
formal resolution.
IMPORTANT DATES
May 26
Notice to Local League Presidents and Municipal
Associations Requesting Nominees to the
Resolutions Committee
July 24
Resolutions Mailed to
Resolutions Committee
July 5
Appointment of Resolutions Committee Members
July 10
Deadline for Submitting Resolutions to the
League Office
VotingDelegate.doc
August 10
League Standing Committee
Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 12
Immediately Following Luncheon
— Pick Up
Voting Delegate Credentials
Followed by
Annual Business Session
Meeting Type: Regular
Meeting Date: 06-20-00
AGENDA REPORT
AGENDA
Heading
Considerations
Summary Explanation & Background:
Item
6
Exhibits Attached:
No.
City Man r Mce
Department LEGISLATIVE
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: APPOINTMENTS TO THE SR AIA CORRIDOR STUDY, CITIZENS
COMMITTEE
DEPT./DIVISION: LEGISLATIVE
ADVISORY
Requested Action:
City Council appoint (5) individuals to the local Citizens Advisory Committee.
Summary Explanation & Background:
See attached MPO letter.
Please advise.
Exhibits Attached:
MPO letter
City Man r Mce
Department LEGISLATIVE
1/meetin 2000/ - Gt(o.doc
BkEVARD METROPOLITAN
PI ANNING ORGANIZATION
2725 Judge Fran Jamieson Way, Bldg. A
Melbourne, Florida 32940
May 30, 2000
a —loloillinimin
"'A
Mr. Bennet Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Subject: SR A1A Corridor Study Advisory Committees
Dear Mr. Boucher:
Telephone: (407) 6 0-6890
Fax: (407) 6 0-6827
SunCom: 366-6890
At the request of the Brevard Metropo!itan Planning Organization, the F!orida Department of
Transportation has begun a study to evaluate possible actions to alleviate congestion and
improve mobility in the SR A1A corridor between Patrick AFB and Port Canaveral. The study
will take about 18 months and will feature a very high level of public involvement. The
consulting firm of Keith and Schnars has been retained by FDOT to assist in the study.
To help provide community input to the study, two committees will be formed. A Local
Citizens Advisory Committee (LCAC) is composed of community residents, business owners
or other concerned private sector individuals who provide the study team with advice and
i ance on Issues. I he committee will meet about eight times in tFe early evening.
The ffrisfrneeting is scheduled for June 29.
The second committee is a Study Technical Advisory Team (STAT) which includes municipal,
county and agency staff members. This committee will also meet about eight times to provide
more technical guidance to the study team. The first meeting will also be on June 29 in the
late afternoon.
We are requesting the city submit five names for the LCAC. Our thought is that each City
Commissioner could nominate one—person for the LCAC. Commissioner O'Brien will nominate
three persons representing the unincorporated area. We are also asking you to appoint two
members from your staff to serve on the STAT. We would like the names as soon as possible
so that committee members can be notified.
I look forward to working with you on this project. Let me know if you have any questions.
Sincer ly,
Robert Kamm
Staff Director
Transportation Planning for Florida's Space Coast