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e ��• o _ 9 City of Cape Canaveral
CITY OF
CAPE CANAVERAL
CITY COUNCIL WORKSHOP MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
MONDAY
February 26, 2007
5:30 PM
AGENDA
CALL TO ORDER:
ROLL CALL:
DISCUSSION:
1 . Sign Code Amendments.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the 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
Clerk's office (868-1221) 48 hours in advance of the meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
ORDINANCE NO. -2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES;
REVISING THE PURPOSE AND SCOPE OF THE
CHAPTER; MODIFYING DEFINITIONS; PROVIDING
FOR THE REGULATION OF TEMPORARY SIGNS;
AMENDING THE SIGN APPLICATION AND PERMIT
PROCEDURES; PROVIDING FOR OTHER
MISCELLANEOUS AMENDMENTS; AMENDING
APPENDIX B SCHEDULE OF FEES RELATED TO SIGN
PERMIT FEES; MAKING CONFORMING AMENDMENTS;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, through the enactment of this Ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral.
See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Council finds that the limitations on temporary signage within the
City of Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any
message, and will further the City's legitimate and substantial government interest in minimizing
sight pollution and traffic and safety hazards to persons and property during high winds; and
WHEREAS, the City Council finds that the goals of this Ordinance are unrelated to the
suppression of free expression; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Ass'n of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglasville, Ga., 975 F. 2d 1505 (l1t Cir. 1992); and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County,Florida, as follows:
City of Cape Canaveral
Ordinance -2007
Page 1 of 21
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Code Amendment. Chapter 94 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
CHAPTER 94. SIGNS
ARTICLE I. IN GENERAL
Sec.94-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* * *
Balloon display is any balloon anchored on private property for the purpose of advertisement.
* * *
or service is not available for sale or performance at the place where the sign is located.
* * *
parking.
Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line.
enclosing the extreme limits of the sign, including all ornamental attachments, insignias,
symbols, logos,trademarks, interconnecting links and the like, and any stripe,frame or border.
Sign area does not include the main support structure of the sign unless used for sign display
purposes. The calculation for a double faced sign shall be the area of one face only. The
calculation for wall signs, if permitted hereunder, comprises individual letters, numbers, symbols
and the like, where the exterior wall of the building upon which it is affixed acts as the
background of the sign, shall be calculated within the smallest regular geometric figure needed to
encompass the sign display.
* * *
City of Cape Canaveral
Ordinance _-2007
Page 2 of 21
Discontinued sign shall mean any sign located on property which has been vacant and
unoccupied for a period of ninety (90)days or more; or any sign face which advertises a service
no longer conducted or product no longer sold upon the premises where the sign is located.
* * *
Electronic signs shall mean a sign on which the copy changes automatically by electronic means.
* * *
Hazardous sign is any sign which constitutes a traffic hazard or a detriment to traffic safety by
reason of its size, location, movement, content,coloring, or method of illumination,or which
obstructs the visibility of any official traffic-control device or which diverts or tends to divert the
attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or
access facilities. No sign shall be erected in such a manner as to obstruct the vision of
pedestrians. The use of flashing,running, or revolving lights in any sign is prohibited. Any sign
which by glare or method of illumination constitutes a hazard to traffic is prohibited.
* * *
Obscene sign is a sign deemed obscene under the Florida or United States Constitutions.
Off-site or off-premises sign means a sign identifying an activity which is not on the premises
where the sign is located or products or services which are not available on the premises where
the sign is . - . - ' - . - - • - -- - - - -- - ---• - - • - ' located.
On-site or on premises sign means a sign (1) identifying an activity conducted or products or
services available on the premises where the sign is located, or (2) displaying a noncommercial
message or (3) any combination of the first two. related in its subject matter to the premises on
which it is located.
Political sign means any sign used solely to present information suggesting a candidate's
election. -� - - •.
* * *
religious special event.
* * *
located.
City of Cape Canaveral
Ordinance _-2007
Page 3 of 21
Sign means any surface, fabric, device or display. whether illuminated or non-illuminated,
designed to identify, announce, direct or inform, and that •. : • •. - - . ; - , :• :... :,
sign, and street clock and includes any announcement, declaration, demonstration, display,
when such is placed out-of-doors in view of the general public. For purposes of this Chapter.the
term"sign"includes all structural members.
requires a vote for approval.
* * *
Temporary signs means a sign displayed before, during or after an event or occurrence scheduled
at a specific time and place. •- -, . , •_ ,, , ,, , - ,, ,
plywood or other light materials, with or without frames, intended to be displayed for the extent
* * *
Sec. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate the number, size, type. use. design, construction
and location of signs within the City. These regulations are established in order to promote the
overall economic well-being of the City. while at the same time providing for the health,that will
protect the safety and welfare of the public by reducing the adverse effects of signs on safety.
property values, traffic, and the enjoyment of the scenic beauty of the City. These regulations
are intended to avoid excessive competition and clutter among sign displays in the demand for
public attention, eliminate dangerous, dilapidated and unsightly signs and provide for adequate
maintenance and inspection of signs within the corporate limits of the City, consistent with
constitutional guarantees and while providing for adequate opportunities for effective means of
communication. _. •- ; _ -- . - -- _ .. -- .. -• - .. . . : .
•
content, permissible locations, restrictions, permits and licenses, inspections, indemnification,
erected within the city limits which are exposed to the out of doors view of the public.
City of Cape Canaveral
Ordinance -2007
Page 4 of 21
(e 12) For purposes of Tthis chapter ' . •- . - _ _ ---• _ -- - - . -- •:-
within the city, and any lawful sign may display a noncommercial message in addition to, or in
lieu of, any other message. For the purposes of this chapter aAll noncommercial speech shall be
deemed to be ai on-premises. . - _ •- -• _ .- - ----- - - ---• -
Nothing in this chapter shall be construed to regulate the content of the message displayed on
any sign.
* * *
Sec. 94-4. Exemptions.
The following signs may be erected without a permit, subject,however,to all remaining
requirements of these regulations: are excluded from the operation of this chapter unless
othe oted:
(1) Decals affixed to and normally associated with signs or signs painted on equipment, fuel
pumps or other types of vending equipment used for dispensing retail products provided such
decals are affixed with the consent of the equipment owner;
(2) Signs wholly within a building or enclosed space, excluding window signs which are more
specifically regulated under this chapter(see section 94 1,definitions);
(3) One sign or tablet per building, of four square feet or less when cut into any masonry
surface or when constructed of bronze or other incombustible materials and attached to the
surface of the building; Memorial signs,tablets or plaques or names of buildings and date of
noncombustible material; - - - -
(5 4) Bulletin boards, not to exceed two, each not over eight square feet in area for public
e - . • - - -- .. - - _ - .. - .-. - -'.
•
•
- - - -• • - - -- :.• - - : - - -•-: ee square feet in area, except in residential
single family and duplex buildings where the size shall not exceed two square feet;
(8) Traffic or other municipal signs, legal notices,danger signs and temporary emergency or
nonadvertising signs;
City of Cape Canaveral
Ordinance _-2007
Page 5 of 21
(9) Signs consisting of an arrangement of a group of single cutout letters when securely
fastened to a building er structural part of a building, in accordance with section 91 96, 91 97
and-44-9,8;
(-1.9 5) Traffic control devices installed in accordance with applicable provisions of the City
Code and the Traffic Control Manual published by the Florida Department of Transportation
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;
(14-6) Window signs that do not exceed 25 percent of the total window glass area for each side
of the building or unit thereof individual glazed area and are placed in the upper or lower half of
the window glass area. In addition,the total square footage of the window signs,when added to
the toal existing signage for the building or unit thereof, does not cause the total signage copy
area for the building or unit thereof to exceed the maximum total signage copy area allowed for
the particular building or unit thereof individual glazed area. Further,the all sales transaction
areas, 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
by a window sign; and
(7) Temporary signs that do not exceed six(6) square feet,provided the signs meet the
requirements of this chapter.
(8) For 911 and emergency response purposes. signage identifying the address of the
property,which shall be located in a place that is clearly visible from the right-of-way.
(12) Signs for events sponsored by the municipality.
Sec. 94-6. Prohibited Signs and features.
The following signs and features are strictly prohibited:
(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 right-of-way. Signs on right-of-way that do not constitute a bona fide traffic
control device installed for the safety of pedestrians and vehicles., except for those which are
property of the state, city, or county, shall not be erec -:, :. :, ..•- :, -:, - .' .
otherwise place or located on or above any road right of way.
* * *
City of Cape Canaveral
Ordinance -2007
Page 6 of 21
(g) Off premise signs. Merchandise displays on rights of way. Permanent, temporary,
portable or movable signs or displays of merchandise located on any street, sidewalk, alley, or
right-of-way are prohibited. •
person's place of business or the parking of vehicles or other types of contrivances to which there
commercial purposes.
(h) Off-premise signs. Any sign not related in its subject matter to the premises on which it is
* * *
(r) Temporary signs, unless specifically authorized under this Chapter mentioned in this
eede.
* * *
(v) Balloon display.
(w) Discontinued signs.
(x) Electronic signs, animated signs or signs of a flashing, running or revolving nature.
(y) Snipe signs.
(z) Obscene signs.
(aa) Hazardous Signs.
(bb) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from
the right-of-way or adjacent property;
(cc) Signs located or erected on a parked motor vehicle which are intended primarily for
display purposes and not regularly used for transportation purposes and which are visible from
the right-of-way or adjacent property;
City of Cape Canaveral
Ordinance _-2007
Page 7 of 21
0011111.116,
•
* * *
Sec. 94-11.Maintenance, notice to repair.
the sign and a lien may be filed against the property for the expense incurred in removal of the
sign.
(a) All signs shall be erected,placed and maintained in a state of good and safe
repair. Damaged signs shall be promptly removed, repaired, or replaced. If a sign
is painted,in whole or in part,the sign shall be kept well-painted. Such sign shall
be repainted whenever the paint is peeled,blistered. or faded.
(b) All signs shall be constructed and maintained in accordance with the provisions
and requirements of the City's Building Codes, Electrical Codes, and other
applicable codes.
All copy area shall be maintained so as to be legible and complete.
(d) All signs shall be maintained in a vertical position unless originally permitted
otherwise, and in good and safe condition.
(e) Damaged faces or structural members shall be promptly removed,repaired or
replaced.
f.2 Electrical systems. fasteners. and the sign and structure as a whole shall be
maintained at all times in a safe condition.
* * *
ARTICLE II. PERMITS AND INSPECTIONS
Sec. 94-31. Permit required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to paint,
alter, erect, construct, enlarge,move or make structural alterations to any sign within the city or
cause such to be done without first obtaining a sign permit for each such sign from the building
official. This shall not be construed to require any permit for a change of copy on a sign e
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.
City of Cape Canaveral
Ordinance _-2007
Page 8 of 21
4111111
(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 is altered or when the sign is relocated.
Sec. 94-32. Application for permit; review time limits.
(a) Application for a permit required under this agile chapter shall be made upon
forms provided by the building department and shall contain or have attached the information
required on the form. At a minimum, the application shall contain the following information and
documents:
(1) The name, address and telephone number of the property owner and applicant if
different than owner.
(2)The name, address,telephone number and state license number of the sign
contractor/manufacturer and if applicable,the same information for the engineer and architect.
(3) The street address. legal description and tax identification number of property upon
which proposed sign is to be located.
(4) The zoning and future land use designation of the property on which the sign is to
be located.
(5) The type of sign. square footage,height and location of all signs currently located on
the premises.
(6)The type of sign, square footage. design. sign area, height. location and fully
dimensioned elevation drawings of the sign or sign proposed to be erected on the premises. If
the sign is to be electrically lighted,the electrical plans and specifications for the sign. In
addition, the name and address of the electrical contractor accompanied by the appropriate
electrical permit application.
f7)Written permission of the property owner to erect the proposed sign if the applicant is
not the property owner.
(8)A fully dimensioned site plan showing the lot frontage, building frontage or business,
establishment or occupant frontage.parking areas and location of all existing and proposed signs.
For ground signs and temporary signs. the site plan shall show the distance from the right-of-way
and property lines, and street corner visibility calculations.
(9) For temporary signs, over six square feet, name, date and time associated with the
event and a time frame for the temporary sign to come down.
City of Cape Canaveral
Ordinance _-2007
Page 9 of 21
(10) The type of construction, materials, sign supports, electrical details for the proposed
sign.
(11) Wind load calculations and footer details for the proposed sign as required by the
City's adopted building code.
(b) The building official shall grant or deny the sign permit application within forty-
five(45)days from the date that a completed application and permit fee was filed with the City,
unless aesthetic review of the proposed sign is required under sections 22-36 et seq.,City Code,
then sixty(60) days. Notwithstanding any contrary sign application requirements contained in
this section, any person may request that a sign or signs be approved as part of an overall
proposed development plan for a particular land development project. In such cases,the person
will be required to submit the plans and specifications of the sign(s)with the plans and
specifications for the proposed land development project. The proposed sign(s) will be reviewed
and approved in conjunction with the site plan review, aesthetic review, and building permit
review.
Sec. 94-33. Issuance of permit,
(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 the premises. In addition, if required
under sections 22-36 et seq., City Code, the building official shall forward the application to the
community appearance board for review and consideration. . : .:. . . . - - - : - --
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, the building
official shall issue the permit. If the work authorized by the permit has not been completed
within six months after the date of issuance, the permit shall become null and void, unless the
building official grants an extension of time, not to exceed three (3) months, for good cause
shown.
* * *
(d) Any person denied a building permit for signs may file as a matter or right a written
notice of appeal to the construction board of adjustment within ten calendar days after rendition
of the denial pursuant to the provisions of section 94-33: except. however, issues decided by the
community appearance board or the city council pursuant to sections 22-36 et seq. City Code,
may not be appealed to the construction board of adjustment. The construction board of
adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the
City of Cape Canaveral
Ordinance -2007
Page 10 of 21
notice is received by the construction board of adjustment. The appellant shall be afforded
minimum due process including, but not limited to, the right to notice of the hearing, a fair
opportunity to be heard in person and through counsel, to present evidence, and to cross-examine
witnesses. 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. Any person aggrieved by a final decision of the construction board of adjustment may
immediately appeal the decision as a matter of right by filing an appropriate pleading with a
court of competent jurisdiction. A prompt review and decision shall be rendered by the court.
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 proceedings before the construction board of adjustment.
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 the construction board of adjustment to show cause why the permit should not be
revoked. The construction board of adjustment shall hold a hearing and decide the appeal within
30 calendar days from the date the notice is received by the city manager. The permittee shall be
afforded minimum due process including, but not limited to, the right to notice of the hearing, a
fair opportunity to be heard in person and through counsel, to present evidence, and to cross-
examine witnesses. 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
revocation decision. Any person aggrieved by a final decision of the construction board of
adjustment may immediately appeal the decision as a matter of right by filing an appropriate
pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered
by the court. The record of the hearing shall consist of the complete record of the proceedings
before the construction board of adjustment. 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 schedule of fees to this Code and
shall include fees for the following:
(1) In addition, fees for signs are calculated by using contract amount consistent with
the city's schedule of fees;
(2) Re-inspection; and
(3) If any person commences any work before obtaining the necessary permit, all fees
shall be doubled.
City of Cape Canaveral
Ordinance _-2007
Page 11 of 21
For political signs, see section 94 78.
* * *
ARTICLE III. SIZE,LOCATION AND CONSTRUCTION
* * *
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on-premises signs.
(a) Temporary on-premises signs shall be permitted under the following conditions:
(1) Provided the temporary sign satisfies all the requirements of this section. no
permit shall be required under section 94-31.
(2) Temporary signs shall be non-illuminated, free standing signs.
(3) Temporary signs shall be removed within three (3) days after the date upon which
the sign has fulfilled its purpose(e.g.,the scheduled event or occurrence has concluded).
(4) Temporary signs greater than four (4) square feet shall be permitted for a period
of up to sixty (60) days once a year. per event or activity. The display period for
temporary signs greater than four (4) square feet shall not run consecutive with another
display period and must be separated by a period of no less than sixty(60) days.
(5) On residential property, no one temporary sign shall exceed six (6) square feet
and the total number of temporary signs on any one residential property shall not exceed
three(3).
16) On non-residential property, no one temporary sign shall exceed thirty-two (32)
square feet and the total area of temporary signage on any non-residential property shall
not exceed ninety-six (96) square feet.
(7) Temporary signs may be double faced (back-to-back) and only one side of a
double faced sign shall be counted for sign area calculations.
(8) The maximum height of any temporary sign shall be four (4) feet on residential
property. or eight(8) feet on any non-residential property.
(9) Minimum setbacks for any part of the temporary sign structure shall be a
minimum of five (5) feet from any right-of-way and twenty-five (25) feet from any other
adjoining property line, except the streets listed below shall have the following set backs:
City of Cape Canaveral
Ordinance _-2007
Page 12 of 21
Minimum Setback
Street from Right-of-Way
Astronaut Boulevard (SR Al A) 50 feet
Old State Road 401 10 feet
Ridgewood Avenue 10 feet
(10) No temporary sign shall be placed within the right-of-way unless approved by the
city manager. No temporary sign shall be placed within the visibility triangle or posted
on a tree or utility pole.
(11) The temporary sign shall be constructed of sturdy material such as wood, hard
plastic`vinyl, masonite or particle board of sufficient thickness so as to withstand the
weather elements commonly experienced within the City. Cardboard and paper faced
temporary signs are strictly prohibited unless it is safely fastened. in its entirety, to a
backing made of material set forth in this section.
(b) In addition to the general requirements in subsection (a), the following requirements shall
apply to the specific types of signs listed below:
(1) Areas under development, such as shopping centers, apartments. condominiums
and subdivisions, shall be permitted one (1) non-illuminated sign not to exceed a sign
area of sixteen (16) square feet on residential property and thirty-two (32) square feet on
nonresidential property after a building permit is issued. In addition, each subcontractor
shall be allowed one (1) non-illuminated sign not to exceed a sign area of nine (9) square
feet and four (4) feet in height. Signs allowed hereunder shall be permitted for one (1)
year or until the building permits for the area under development have expired or been
revoked. If the project is not completed within one (1) year, the city manager may grant
an appropriate extension(s) not to exceed the removal date set forth under this subsection
(1). All signs must be removed from the property within seven (7) days of the date on
which the project is completed, suspended,or abandoned for at least three months. Signs
allowed under this subsection are exempt from subsections (a) (2) and (a)j3) above. The
primary contractor's licensing information shall be legibly displayed on at least one of
the signs located on the area under development.
(2) A maximum of one (1) on-premises banner sign may be erected on nonresidential
property not to exceed ninety-six (96) square feet, and on residential property not to
exceed twelve (12) square feet. A banner sign may be erected for a maximum of thirty
(30) days on nonresidential property and a maximum of fourteen (14) days on residential
property during any calendar year. A banner sign is exempt from the freestanding
requirement set forth in subsection (a) (1) above and the size restriction set forth in
subsection (a) (4) and (5) above, provided it is securely fastened to a structure in a
manner to withstand weather elements commonly experienced in the City.
A temporary sign may be erected 30 days prior to the opening of a new business and not to
City of Cape Canaveral
Ordinance _-2007
Page 13 of 21
three months.
(b-) Real estate signs may be erected without a permit subject to the following:
' -- - -. - . - . - •_ - --_ ' _ ... -
and shall not be placed in any right of way or visibility triangle;
(2) On R 3, C 1, C 2 and M 1 zoned property one r al estate sign as shown in the
district restrictions matrix (table 9'1 96 1). Such sign shall not be placed in any right of
way or visibility triangle; and
(3) Real estate signs shall be removed immediately upon sale of the property.
- ..' . . . - . e _ -.. - -.. . _ . . . . -
•
•
•
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•:•-• .. - . , - - - - - _- - _ - - •4
Sec. 94-77. Emergency Response System.
For 911 and emergency response purposes.the primary address of the building shall be
displayed on the property and shall be visible from the public or private street. For commercial
and industrial buildings.the address or range of addresses shall be incorporated into the signage
permitted for the property with numerals/letters a minimum of eight(8) inches in height,but the
address shall not be counted against allowable copy area. In addition to the address being posted
on a single family residential mailbox or single family dwelling, a sign not to exceed three (3)
square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign
is visible from the public or private street. The address shall not be counted against allowable
copy area.
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
Sec. 94 78. Political signs. Reserved.
candidate qualifying for office.
(b) Specifications. The maximum size of a political sign shall not exceed 32 square feet in
•- . - •2--. .: . . . : . , . - -- - --:, .. . . . ' , - . • -
paper shall be used in the construction of any political sign, except as a paper face if it rests
City of Cape Canaveral
Ordinance _-2007
Page 14 of 21
increase the dimensiens of vehicles is excess of one eighth inch in any directions. All political
(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
required for placement of signs in residentially zoned districts.
• . • .. . . - - - ... -- .. . - . -
any signs (for or against) for the purpose of a vote of general election. The deposit shall be
refunded, provided the signs are removed within five days of the election.
constructed as specified in section 91 78(b) of this Code.
•
removal will be charged to the candidate, minus the deposit.
(f) District requirements. Political signs shall follow district requirements per table 91 96 1.
* * *
. '• : .. . . . . • - . Reserved.
(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:
residential units;
(2) Any new business opening within the city; or
(3) A charitable, educational or religious institution as defined in section 70 66,
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
City of Cape Canaveral
Ordinance -2007
Page 15 of 21
(d) The signs-maybe-erected 30-days prior to the opening of a new business or construction
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.
(e) In the case of a public interest sign, a sign may be erected no more than once per year,
interest sign, however,may not be erected for more than a total of 30 days.
(f) Signs restrictions along the following corridors are as follows:
Location and Placement for Temporary Signs
Minimum Setback
Street from Right of Way Maximum Height
Astronaut Boulevard
(SR AlA) 50 feet 15 feet
Old State Road'101 10 feet 8 feet
Ridgewood Avenue 10 feet 8 feet
districts.
(g) The written consent of the property owner must accompany each application for sign
(h) 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 91 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.
DIVISION 3. DISTRICT REGULATIONS
* * *
City of Cape Canaveral
Ordinance -2007
Page 16 of 21
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.
Table 94-96-1 District Restrictions
TABLE INSET:
District
Type of Sign R-1 R-2 R-3 C-I,C-2&M-I Shopping Automotive
center/Multi-Tenant Service
Center in any district Station in C-1
Temporary mer Per Per Per Section 94-76 Per Section 94-76 Per Section
On-premises Section Section Section 94-76
Sign 94-76 94-76 94-76
Real-estate Max.R0. 1 4. 4. 4-en-primary-proper (per-district (perdistrict
frontage requirement) requirement)
Max.area 6 s.f. 6 s.f. - 32 6 s.f. 32 s.f.
Max.height 4' 4' 81 4' _ 8'
Political Max.no. a a 3 4-per-candidate-per (per district (per-district
lot,if".250 ft.of requirement) requirement))
frontage then 2
permitted
Max.area 5 s.f. 5 s.f. 5 s.f. 32 s.f.
Construction Max.no. 4 4 4 3 (per-district (per-district
/future requirement) requirement)
improvements
Max.area 16 s.f. 16 s.f. 16 s.f. 32 s.f.
Max.height 3' 4' 324' 3' 4' 8'
Max.area 9 s.f. 9 s.f. 9 s.f. 9 s.f.
Max.heieht 4' 4' 4' 4'
Home Max.no. 1 1 I 1 n/a n/a
occupation
Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f n/a n/a
Exceptions/notes for ground Not Apply to multi-family 2 of the following 3 options are permitted per parcel
and wall signs permitted only
Ground Max.no. 1 1 1 per street frontage 1 per street frontage I on primary
street frontage
Max area 75 s.f. 75 s.f. 150 s.f 15%of wall space (per district
height times business requirement)
frontage,max.128
s.f.perpendicular&
160 s.f parallel to
street
Max height 25' 25' 30' n/a 30'
Max.width 25' 25' 25' n/a n/a
Wall Max.no. 1(on I(on Perpendicular to 1 per tenant space I
main main street: I on each end of
structure) structure) the building,parallel to
street: 1 sign
Max.area 50 s.f. 128 s.f. Perpendicular: 1 s.f. per 15%of wall space (per district
lineal foot of building height times business requirement)
width,max. 128 s.f frontage,max.128
each sign,Parallel: 1 s.f s.f.perpendicular&
per lineal foot of 160 s.f.parallel to
building frontage,max, street
160 s.f.
Banner Siens Max.no. 1 1 1 1 n/a n/a
Max area 96 s.f. 96 s.f. 96�.f 96 s.f. n/a n/a
City of Cape Canaveral
Ordinance _-2007
Page 17 of 21
* * *
Sec.94-105. Enforcement.
(a) Removal of signs. Private signs on public property or public rights-of-way may be
removed by the City or its agents without notice to the sign owner.
(b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the Code
Enforcement Officer or the Building Official, the owner thereof, or person maintaining the sign,
shall, upon receipt of written notification from the Building Official or Code Enforcement
Officer. immediately secure the sign, cause it to be placed in good repair or remove the sign.
(c) Removal of illegally erected signs. The owner. owner's agent, or person in control, of
any property where an illegally erected sign is located shall have the sign immediately removed.
(d) Termination of unlawful illumination. Upon receipt of written notification by the Code
Enforcement Officer or Building Official that a sign is illuminated in violation of this Chapter,
the owner, owner's agent, or person in control of the premises. shall immediately terminate the
prohibited illumination of such sign.
* * *
Sec. 94-110. Implied Consent.
Any person applying for. and the property owner upon which the sign will be erected, and
receiving a permit for any sign hereby consents to the following:
(l) consents to complying with all provisions of this code; and
(2) consents for City officials to come on private property to inspect all signage and
to remove illegally erected signs upon reasonable advanced notice by the city.
94-115. Viewpoint Neutral.
Notwithstanding anything in this chapter or code to the contrary. no sign or sign structure shall
be subject to any limitation based upon the content(viewpoint) of the message contained on such
sign or displayed on such sign structure.
Sec.94-120. Severability.
(a) General. If any part, section, subsection, paragraph. subparagraph, sentence,phrase. clause,
term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction,the declaration of such unconstitutionality shall not affect any
other part, section, subsection,paragraph, subparagraph. sentence,phrase, clause,term, or word
of this chapter.
City of Cape Canaveral
Ordinance _-2007
Page 18 of 21
(b) Severability where less speech results. Without diminishing or limiting in any way the
declaration of severability set forth above in subsection(a). or elsewhere in this chapter.this
Code,or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph.
sentence,phrase, clause,term,or word of this chapter is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction,the declaration of such
unconstitutionality shall not affect any other part, section. subsection,paragraph, subparagraph,
sentence,phrase, clause,term, or word of this article, even if such severability would result in a
situation where there would be less speech,whether by subjecting previously exempt signs to
permitting or otherwise.
(c) Severability of provisions pertaining to prohibited signs Without diminishing or limiting in
any way the declaration of severability set forth above in subsection (a), or elsewhere in this
chapter.this Code. or any adopting ordinance, if any part, section, subsection,paragraph,
subparagraph, sentence,phrase. clause,term, or word of this chapter or any other law is declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,the
declaration of such unconstitutionality shall not affect any other part. section. subsection,
paragraph, subparagraph, sentence,phrase. clause.term. or word of this chapter that pertains to
prohibited signs, including specifically those signs and sign-types prohibited and not allowed
under section 94-6 of this chapter. Furthermore, if any part, section, subsection,paragraph,
subparagraph. sentence, phrase, clause.term, or word of section 94-6 is declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction,the declaration of such
unconstitutionality shall not affect any other part, section. subsection,paragraph. subparagraph.
sentence,phrase, clause.term. or word of section 94-6.
(d) Severability ofprohibition on Off-Premise Signs.
If any part. section. subsection.paragraph, subparagraph. sentence. phrase, clause.term. or word
of this chapter and/or any other Code provisions and/or laws are declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,the
declaration of such unconstitutionality shall not affect the prohibition on off-premise signs as
contained in this chapter and Code.
Section 3. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Appendix B. It is intended that the text in
Appendix B denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
APPENDIX B SCHEDULE OF FEES
* * *
Chapter 94.Signs
(a) Permit tee shall be calculated on actual 30.00
contract cast usino suhsnctinn(al of
City of Cape Canaveral
Ordinance _-2007
Page 19 of 21
Chapter 62 of Appendix B with a
minimum fee of-
(b) Reinspection fee 25.00 94-35
(d p) For commencing work without a permit,
all fees shall be double
4000 94-78
fi.) Temporary signs and banners 25.00
* * *
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,this day
of ,2007.
ROCKY RANDELS,Mayor
ATTEST: For Against
Bob Hoog
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
C. Shannon Roberts
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
City of Cape Canaveral
Ordinance -2007
Page 20 of 21
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance _-2007
Page 21 of 21