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Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council during Public Participation, please complete a Speaker Card and give it to the City
Clerk/Recording Secretary or other Official/Staff Member in the room. Speaker Cards are located
adjacent to the Library Room Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
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CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
Tuesday
November 19, 2013
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi-judicial or emergency items. Citizens are encouraged to limit their comments
to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the
agenda. The Council may schedule items not on the agenda as regular items and act upon them in the
future.
OATHS OF OFFICE:
SELECTION OF MAYOR PRO TEM:
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:30 p.m.
Interview Library Board Members Linda Brown and Evelin Reid for reappointment to said
Board.
Presentation to the Financial Services Department of The Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2012.
CONSENT AGENDA:
6:30 p.m. — 6:35 p.m.
1. Approve Minutes for Regular City Council Meeting of October 15, 2013.
2. Approve the 2014 City Council Regular and Tentative Budget Meeting Schedule.
3. Resolution No. 2013-25; reappointing Members to the Library Board of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Linda Brown and Evelin Reid)
City of Cape Canaveral, Florida
City Council Meeting
November 19, 2013
Page 2 of 3
4. Endorse the Memorandum of Understanding between Space Coast League of
Cities, Brazil Space Coast International Development Agency, and Brazil Florida
Chamber of Commerce.
5. Acceptance of Annual Review and Inspection Report — Cape Caribe, Inc. Binding
Developer's Agreement.
PUBLIC HEARING:
6:35 p.m. — 7:00 p.m.
6. Ordinance No. 13-2013; adopting the amendments to the Annual General Fund,
Special Revenue Funds, Wastewater Enterprise Fund and Stormwater
Enterprise Fund Budgets for the Fiscal Year beginning October 1, 2012, and
ending September 30, 2013; providing for an effective date, second reading.
7. Ordinance No. 14-2013, amending Sections 2-66 and 2-68 of the City Code
related to Public Input & Participation at City Council Meetings; providing that the
City Council shall establish a policy affording members of the public a reasonable
opportunity to be heard during City Council Meetings consistent with applicable
law; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code, severability and an effective date, second reading.
8. Ordinance No. 15-2013; providing for the regulation of signage; providing for
comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances;
amending the signage requirements for the A1A Economic Opportunity Overlay
District; providing for repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability, and effective date, first reading.
9. Ordinance No. 16-2013; amending Ordinance No. 03-2008 to repeal the
restrictions of the rezoning imposed therein on certain real property totaling 1.2
acres, more or Tess, generally located along the north side of Shorewood Drive at
the southwest corner of Jetty Park in Cape Canaveral; providing for the repeal of
prior inconsistent ordinances and resolutions; severability; and an effective date,
first reading.
REPORTS:
7:00 p.m. — 7:30 p.m.
10. Approve Contract for City to purchase property located at 110 Polk Avenue in the
amount of $195,000 and authorize Mayor to execute same.
REPORTS:
7:30 p.m. — 7:45 p.m.
City of Cape Canaveral, Florida
City Council Meeting
November 19, 2013
Page 3of3
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.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting.
The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to
participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in
advance of the meeting.
OATH OF OFFICE
I, John Bond, do solemnly swear that I will support, protect, and defend
the Constitution of the United States of America and of the State of
Florida and the Charter and Ordinances of the City of Cape Canaveral,
Florida; and that 1 ani entitled to hold office in the City of Cape
Canaveral, Florida; and that I will faithfully perform all of the duties of
the Office of City Council of the City of Cape Canaveral. So help me
God.
ATTEST:
Angela M. Apperson, MMC
CITY CLERK
JOHN BOND
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 19th day of November 2013
OATH OF OFFICE
1, Buzz Petsos, do solemnly swear that 1 will support, protect, and
defend the Constitution of the United States of America and of the State
of Florida and the Charter and Ordinances of the City of Cape
Canaveral, Florida; and that 1 am entitled to hold office in the City of
Cape Canaveral, Florida; and that 1 will faithfully perform all of the
duties of the Office of City Council of the City of Cape Canaveral. So
help Inc God.
ATTEST:
Angela M. Apperson, MMC
CITY CLERK
BUZZ PETSOS
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 19th day of -November 2013
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
PRESENTATIONS / INTERVIEWS:
Subject: Interview Library Board Members Linda Brown and Evelin Reid for
reappointment to said Board.
Department: Administrative Services
Summary: Linda Brown was appointed to the Library Board on February 9, 2009 as an
Alternate Board Member with a term to expire October 1, 2012. Before she was able to
serve out that term, she was appointed as a Regular Board Member on October 5,
2010, with a term that expired October 1, 2013. Should Ms. Brown be reappointed, this
begins her first (3) three-year term allowed under the limits referenced in the Code and
below.
Evelin Reid has served on the Library Board since October 2010. Her current three-year
term expired on October 1, 2013. Should Ms. Reid be reappointed, this begins her first
(3) three-year term allowed under the limits referenced in the Code and below.
The attached Expiration Notices indicate the Board Members' desire to continue serving
on the Library Board. Per City Code of Ordinances Sec. 2-171(c) (5), any person
nominated, elected or appointed to serve on a board or committee of the City shall
satisfy the following requirement: complete interviews with the board or committee on
which the person is seeking appointment and with the City Council.
As of December 2011, per City Code of Ordinances Sec. 2-171 (f) Term, all Board and
Committee Members shall be appointed to serve a three-year term and may be
reappointed by the City Council for one additional three-year term. There shall be no
limit on the total number of terms a Board or Committee Member may serve, except no
person shall be appointed to more than two consecutive terms on the same board or
committee unless no other qualified applicants submit applications seeking
appointment. Notwithstanding, the City Council may appoint a Member to a term of less
than three years in order to stagger the terms of the entire board or committee. If a
Member is removed or vacates their appointment for any reason, including death,
excessive absence or resignation prior to the expiration of their term, the City Council
may at its discretion appoint an individual to serve the remaining portion of the
unexpired term.
Submitting Department Director: Angela Apperson ;C•c Date: 10-24-2013
Attachments: Expiration Notices (2)
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo Date: 11-6
The City Manager recommends that City Council 4,15p the following action:
Interview Board Members.
Approved by City Manager: David L. Greene &)Date: Hi
City Council Action: [ ] Approved as Recommended [ Disapproved
[ I Approved with Modifications
[ Tabled to Time Certain
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CITY OF
CAPE CANAVERAL
August 29, 2013
Linda M. BrOW11
703 Solana Shores Dr.. #13407
Cape Canaveral. IT 32920
Dear Ms. Brown:
City of Cape Canaveral
Your term on the Library Board will expire on October 1, 2013. Please check the box that
indicates your desire to serve or not continue to serve on the Board for a 3 -year term and return this
Notice to your Board Secretary or the City Clerk using, the enclosed stamped. self-addressed envelope.
If you choose to serve, you will be scheduled to appear hefoie 111C City Counci11(w an interview at the
Regular City Council Meeting of October 15, 2013 at 6 p.m. Adoption of' a Resolution for your
reappointment to the Board \kill INlow thereafter.
1Z<DO wish to he consideredfor reappointment.
II 1 DO NOT wish to he considered for reappoinunent.
da M. Brown. Board Chair
Sincerely.
Angela M. Apperson. MMC
Assistant City Manager/City Clerk
Encl: SASE
(Signature)
105 Polk Avenue • Post Office Box 32( • ('ape (Tnnoveral, 1 32920-0326,
Telephone (321) 868-122(1 • Fax: (321) 868-1248
www.cityolcapeconaveral.org • email: info(icityolcapectumveral.org
CE
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CITY OF
CAPE CANAVERA
October 2, 2013
Evelin Reid
220 Coral Drive
Cape Canaveral, FI. 32920
Dear Ms. Reid:
Cit
Cape Canave
al
Your term on the Library Board expired on October 1, 2013. Please check the box that indicates
your desire to serve or not continue to serve on the Board for a 3 -year term and return this Notice to
your Board Secretary or the City Clerk using the enclosed stamped, self-addressed envelope.
If you choose to serve, you will be scheduled to appear before the City Council for an interview at the
Regular City Council Meeting of October 15, 2013 at 6 p.m. Adoption of a Resolution for your
reappointment to the Board will follow thereafter.
1 DO wish to he considered for reappointment.
E 0 NOT wish to he considered lbr reappointment.
eLe /IC
eliin Reid, Board.Member
Sincerely,
Angela M. Apperson, MMC
Assistant City Manager/City Clerk
Encl.: SASE
(Signature)
105 Polk AVCIllle • Post ()Mee Box. 326 • Cape Canaveral, FL 32920-0326
Telephone, (321) 868-1220 • Fax: (321) S68-1248
www.cityolcapecanaveral.org • email: info@;:cityokapecanaveraLorg
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
Presentations/Interviews:
Subject: Presentation to the Financial Services Department of The Certificate of
Achievement for Excellence in Financial Reporting Fiscal Year ending September 30,
2012.
Department: Legislative
Summary: The Government Finance Officers Association (GFOA) has recognized the
Financial Services Department for excellence in Financial Reporting by awarding "The
Certificate of Achievement for Excellence in Financial Reporting" for its Comprehensive
Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of
recognition in the area of governmental accounting and financial reporting, and its
attainment represents a significant accomplishment by a government and its
management.
The CAFR was judged by an impartial panel to meet the highest standards of the
program including demonstrating a constructive "spirit of full disclosure" to clearly
communicate its financial story and motivate potential users and user groups to read the
CAFR. The GFOA is a nonprofit professional association serving approximately 17,500
government finance professionals.
This is the 18th consecutive year that the City of Cape Canaveral's Financial Services
Department has received this prestigious award for excellence in financial reporting.
The award exemplifies the dedication, knowledge and professionalism of the Financial
Services Department Staff.
4 6
Submitting Council Member: Mayor Rocky Randels
Attachment: None
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeoDate: ,j4,(12
-)
The City Manager recommends that City Counci ake the following action(s):
Recognize the Financial Services Department with The Certificate of Achievement for
Excellence in Financial Reporting.,
Date: 10/29/2013
Approved by City Manager: David L. Greene 1I Date: (01/13
City Council Action: [ 1 Approved as Recommended [ I Disapproved
[ ] Approved with Modifications
] Tabled to Time Certain
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LI RARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
October 15, 2013
6:00 PM
MINUTES
CALL TO 0 DER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance. Mayor Randels reminded everyone to speak into the microphone.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
City Manager
City Attorney
Administrative Services Director
Human Resources Officer
Finance Director
Community & Economic Development Director
Planning & Zoning Director
Leisure Services Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff Commander
Brevard County Sheriff Major
Brevard County Sheriff Lieutenant
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
David L. Greene
Anthony Garganese
Angela Apperson
Jane Ross
John DeLeo
Todd Morley
Barry Brown
Gustavo Vergara
Jeff Ratliff
Lonnie Dunn
Mike DeMorat
Paul Ring
Linda Moros
Mayor Randels requested consensus, to which Council Members replied in the affirmative,
to move item # 9 to the beginning of the meeting.
9. Approve a conditional letter of support for Florida Biplanes & Helicooters operating a
tour business at Port Canaveral: Mayor Randels provided a brief history of the item.
Mark Grainger, President of Florida Biplanes & Helicopters, presented additional
information explaining the proposed helicopter tour business at Port Canaveral and
his request for a conditional letter of support from the City. Council Members made
City of Cape Canaveral, Florida
City Council Regular Meeting
October 15, 2013
Page 2 of 7
statements and/or asked questions, which included: the proposed site, the proposal
to increase the altitude/distance when the number of fights increases per day, the
prior test flight, the flight paths for the proposed flight packages, the advertisement
advantages of flying lower, the use of a "hot line" phone number for complaints, the
"Environmental Impact Plan", what might happen if a different tour business
operated at the Port, the need to protect the residential nature of the community,
moving the helipad further west and closer to SR 528, and takeoff/landings will be
from the north. Mr. Grainger responded to the statements/questions. John Higgins,
Board Member of Solana Lakes Homeowners Association,(�H�`OA)` indicated he is not
representing the HOA Board and expressed concern about a diagonal flight path
from the beach to the landing/takeoff location at the Port: Mr. Grainger indicated the
helicopter would not fly over the buildings or sand within theCity Limits. Shorewood
HOA President Charles Bower expressed co ;..cern over no"ase, and encouraged
moving the tour site further west and closerto-SR��528. He indicated the owners
Rs •
currently hear people in the pool at "Ron J.,on's„ and, powerboats �4 �66: heyfleave the
Port. Mr. Bower agreed to the thirty day.. 'trial .period. 3 �. hannon Rober s'clarified the
hours of operation were 9 am to sunset. She` k jected'sto the business” because she
felt those in the helicopter would be able to see1 : ta:the condominiums. Mr. Wayne
Ivan felt the proposal brings the, helicopters too close to the residential properties
and encouraged moving further west. Mr. Graingekndicated his minimum will be
500 feet from the buildings. Linda`=Tuck.. expressed con'edi s"related to take off and
landings. Council Members continued to discuss the request, which included the
location southwest of SR 528, which is closer to -Puerto' Del Rio Condominiums, and
the 30 day trial period • A,motion was made by; Mayor Randels, seconded by
Council Member/Hood;based upon what we heard this evening and this letter
of condition,Aiat, we approve a conditional letter of support for Florida
Biplanes and Helicopters.. Mayor Randels read the three conditions and the
discussion continued:.., Mayor_ Pro Tem:Bond, seconded by Council Member
Walsh, proposed an amendmentto- the main motion to indicate the residents
of the City wish the helipad be moved more toward SR 528. The amendment
to `the main motion carried:4-1 with voting as follows: Mayor Pro Tem Bond,
For; :Council Member Hoog, For; Council Member Petsos, For; Mayor Randels,
Against; and Council -:Member Walsh, For. Discussion continued and included the
desire td,have no impact upon the citizens of the City, to have suggestions in the
letter as well: as conditions, the thirty day conditional period, the impacts from
another operator who could fly over the City, feedback can be continuous, the
allowance for the. City Manager to "word -smith" changes to the letter to meet the
intent of the discussion. The motion, as amended, carried 5-0 with voting as
follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council
Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
The meeting recessed at 7:46 P.M. and reconvened at 7:51 P.M.
Commander DeMorat announced his recent promotion and expressed his respect for
the City residents, Council and Staff. He introduced Major Paul Ring and Lt. Linda
City of Cape Canaveral, Florida
City Council Regular Meeting
October 15, 2013
Page 3 of 7
Moros who will be leading the Cape Canaveral Precinct. He explained he will continue
to be available for questions/consultation. Council Members complimented BCSO
Personnel for their work and dedication to the City.
PRESENTATIONS 1 INTERVIEWS:
Proclamation Desianatina the Week of October 20 - 26, 2013 as Florida City
Government Week: Mayor Randels read the Proclamation into Op record and provided
explanation of the activities planned for the children during GoyFrirnent Week.
Interview Board of Adiustment Member Georae Sweet rt JBusiness and Economic
Development Board Members Omar CapeIlan aid SIiion Roberts: Code
Enforcement Board Member James C. Hale: and Culture and Nitre Services Board
Members Gene Petre and Doualas Raymond forreappointment toi;d_ Boards: Mayor
Randels thanked volunteers for their service to the City and requesteah`ey, explain the
most interesting issue they have worked on. and what are ,future issues t, ;come before
their board. Attorney Garganese asked Mr. Sweetnaan,.,<Mr:Capellan, Dr)Roberts, and
Mr. Petre if the information contained in their application is true and correct, to which
they responded affirmatively. Council. Members thanked them for their service.
i..
Mr. Sweetman felt it is most interesting,`tosee the problems.and how they were solved
by the Board Members. He felt the next big ssue*ill, be the:pollution in the Indian River
Lagoon. Mr. Sweetman expressed his aj preciati&i of'the,City. Mr. Capellan felt it was
a big challenge to get the :Board back up ti speed and`Sthe future issues are re -branding
and treatment of new businesses. Dr. Roberts expressed the most interesting and
future issues are: ire -branding` and how AIA. and N. Atlantic Avenue will redevelop;
whether a new road to..the Porn will be developed to tie the Port and the City together.
She advocated for follow-:up/clarity -of the. Visioning effort/how advisory board members
are workirfg; `ont to Vision; and. for budget funding for board members to participate in
the EDC"events. Mr Hale was, not in attendance. Mr. Petre expressed his appreciation
for t e ;community and the number.. of parks in the City. He complimented Leisure
SerViaos :Director Vergara';, expressed desire for a multi-purpose facility; playground
equipment,: at.Manatee Sanctuary Park; and pursuit of grant opportunities for Banana
River Park development. Mr. Raymond was not in attendance.
CITY ATTORNE'Y:S_REPORT: Attorney Garganese reported the Closing on the Fire
Station Property took .place today. He noted anyone wanting to speak on any consent
agenda item should<do so under this item
AUDIENCE TO BE HEARD: Joyce Hamilton expressed appreciation for the efforts of
Sgt. Pikus, his friend, and School Resource Officer Jones to get the Cape View
Elementary School fifth grade class to the TICO War Bird Museum to experience the
wonderful exhibits and to get a close up view of a plane.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 15, 2013
Page 4 of 7
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. No items were removed.
1. Approve Minutes for Special and Reaular City Council Meetinas of September
17, 2013:
2. Resolution No. 2013-23: reappointina Members to tI$'-'Board of Adiustment.
Business and Economic Development Board. Code Enforcement Board. and Culture
and Leisure Services Board of the City of Cape Canaveral:'revidina for the repeal of
prior inconsistent resolutions: severabilitv: and an effecttfue date :..
3. Approve Task Order No. 4 in the amount -Of $141.481 to\ efra Tech. Inc. for
enaineerina desian, bid specifications and construction monitorina se ices related to
improvements to the oxidation ditch at the Wastewater Treatment Plant airdrauthorize
the City Manager to execute same: r7
4. Approve continuation of Agreement between the.City of Cape Canaveral and the
International Union of Operating Engineers, Local 673 .(AFL-CIO) to September 30.
2014:
5. Resolution No. 2013-24, providing a tol cvkIegarding affording the public a
reasonable opportunity. to:Ibe heard on Dthoositions r esented for final official action at
City Council and other 'Citv'Board or Committee meetinas in compliance with Section
286.0114, Florida:Statutes: providina for distribution of this Resolution to all City Boards
and Committees for implementation and actiatitconsistent herewith: providing for the
repeal of prior. inconsistent resolutions..sever,.ability and an effective date:
A motiinwas Made by Mayor Pro Tem Bond, seconded by Council Member
Hoog, approve all five items on the Consent Agenda. The motion carried 5-0
with voting as follows:. Mayor Pro Tem Bond, For; Council Member Hoog, For;
Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh,
For.
PUBLIC HEARING.:
6. Ordinance Na. 12-2013: adoptina Comprehensive Plan Amendments consistent
with the City's Water SUDDIV Facilities Work Plan by amendina the text of the Future
Land Use. Infrastructure. Coastal Manaaement. Interaovernmental Coordination and
Capital Improvements Elements of the Cape Canaveral Comprehensive Plan, as
reauired by Section 163.3177, Florida Statutes: making additional conforming
amendments to the Comprehensive Plan: providing for the repeal of prior inconsistent
ordinances and resolutions. severability, incorporation into the Comprehensive Plan, an
effective date and leaal status of the Pian Amendments. first reading: Attorney
City of Cape Canaveral, Florida
City Council Regular Meeting
October 15, 2013
Page 5 of 7
Garganese read the Ordinance title into the record and noted the recommendation of
the Planning & Zoning Board for approval. Planning & Zoning Director Brown explained
the requirement for the Water Supply Facilities Work Plan; preliminary review by St.
Johns River Water Management District; the proposed revisions; the corrections that
will be made to the page numbers; if approved, the document will be sent to the
Department of Economic Opportunity, as well as other regulatory agencies; the second
reading will be held after comments are received from the regulatory agencies. A
motion was made by Council Member Petsos, seconded, by Council Member
Walsh, for approval of Ordinance 12-2013. The Public H,eari`rig-was opened. No
comments were received and the Public Hearing was closed;;' The motion carried 5-0
with voting as follows: Mayor Pro Tem Bond, Fon/P:600 Member Hoog, For;
Council Member Petsos, For; Mayor Randels, For, and Council Member Walsh,
For.
7. Ordinance No. 13-2013; adopting the amendments to the Annual General Fund,
Special Revenue Funds, Wastewater Enterpri'aeEF.�und ari&Stormwater al-61-6/rise Fund
Budgets for the Fiscal Year beginning Octobers•:201, ar d ending September 30,
2013; providing for an effective date; first readma F Attorney Garganese read the
Ordinance title into the record and, provided a brief (;explanation of same. Mayor
Randels provided further explanation_,,,'of>:.the Ordinance`=: purpose and noted the City
received more tax revenue then projected': *motion wa made by Council Member
Walsh, seconded by Council Member Pet`sos, to appro ie Ordinance 13-2013 at
first reading. The Public Hearing was opened -No comments were received and the
Public Hearing was closed r` T.he motion'carried 5-0ith voting as follows: Mayor
Pro Tem Bond, For;; Council'=Member Hoog, For;' Council Member Petsos, For;
Mayor Randels, F r "and Council Member Walsh, For.
8. Ordinance No. 14-20.13 w--amendinq...,S,ections 2-66 and 2-68 of the City Code
related to .PUblicflltput & Participation"'a`tjeity Council Meetings; providing that the City
Council..( shall establisha policy affording members of the public a reasonable
0000rtunity to be head .durinci City -:Council Meetings consistent with applicable law;
providnq_for the repeal 'Of,;prior inconsistent ordinances and resolutions; incorporation
into the Cod ;, severabilitv,and an''effective date; first reading: Attorney Garganese read
the Ordinanck.:title into the record and provided an explanation of same. Mayor
Randels added further explanation as to the actions taken to allow public input. A
motion was made,` by, Council Member Hoog, seconded by Council Member Walsh,
for approval of Ordinance 14-2013. The Public Hearing was opened. No comments
were received and the Public Hearing was closed. The motion carried 5-0 with voting
as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council
Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
ITEMS FOR ACTION:
9. Approve a conditional letter of support for Florida Biplanes & Helicopters
operating a tour business at Port Canaveral: Taken at the beginning of the meeting.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 15, 2013
Page 6 of 7
10. Consider Application for Satisfaction or Release of $98.250.00 Code
Enforcement Lien. Case No. 2008-00127. 8740 Croton Court: Richard Mallar
representing JP Morgan Chase expressed regret for the company not meeting the
needs of the community to bring the property into compliance earlier. He explained the
proposed settlement makes the City whole and would allow the property to become
occupied again. Discussion ensued and included: the prior settlement offer did not
cover the City's costs; the market value of the property is $97,820.00; the need to
reduce the lien in hopes the property would then be purchasedta' id become occupied;
that the length of time it took to correct this issue is not n inial for the bank; a lien of
$250.00 a day is intended to get the attention of the/0614K K until the property is
occupied, everyone is losing and property values are inacte4h_e.average foreclosure
process takes 900 days and how difficult it can be, to. ri *tlnage 'prpperty during the
foreclosure process; and the current settlement offer more than rel oJurses the City for
its expenses. Public comments included an offer for purchase by Om -tCapellan and
advocating for the property to be occupied: by.Lane Hines. A motion .;,as made by
Mayor Pro Tem Bond, seconded by Council Member/Walsh, to appro e as written.
The motion carried 4-1 with voting as follows: Mayor Pro Tem Bond, For; Council
Member Hoog, Against; Council Member Petsos; For; Mayor Randels, For; and
Council Member Walsh, For.
11. Consider Application for Satisfactlort__on Release of $81.950.00 Code
Enforcement Lien. Case No. 2010-001267 2t5. i`erth):Ave.. Unit C.: Mayor Randels
provided a brief history.:of the Code Enforcement process and the new owners actions
to quickly bring the,;property. into compliance. Discussion ensued and included: a
desire of Mayor pit!' Tem Bond to lobby the. legislature to require banks to disclose
municipal liens on the property•so the public isnot taken advantage of; the five day "due
diligence" period offered by :most banks;. that all municipal liens are recorded at the
Clerk of tbeiGourt"s Office and can be searched via their website; the need to support
the request since someone has purchased the property and it will be improved; and the
needttii.',pay the lien `within thirty days. A motion was made by Council Member
Walsh; sec,_onded by Mayor Pro Tem Bond, to reduce the lien to $5,000.00 for this
property>1 he motion carried 4-1 with voting as follows: Mayor Pro Tem Bond,
For; Councili"Member Hoog, Against; Council Member Petsos, For; Mayor
Randels, For; and:Council Member Walsh, For.
12. Compensatiori.and Benefits Survev/Analvsis and Renewal of Health. Dental. Life
Insurance: City Manager David Greene advocated to abstain from a formal
presentation and offered to answer questions. A motion was made by Mayor Pro
Tem Bond, seconded by Council Member Hoog, that we accept the City
Manager's recommendations as written. The discussion included whether
employees have been briefed on the changes, to which an affirmative response was
received and that this is a large step forward for the employee benefit program. The
motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council
City of Cape Canaveral, Florida
City Council Regular Meeting
October 15, 2013
Page 7 of 7
Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
REPORTS:
13. Council: None
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:39 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
Item No. Z
Subject: Approve the 2014 City Council Regular and Tentative Budget Meeting
Schedule.
Department: Administrative Services
Summary: A yearly meeting Schedule assists everyone in planning activities
necessary to complete the City's business. Although we are not able to identify the
exact day for the Budget Hearings, the Schedule includes tentative budget meetings
providing Council Members with as much notice as possible. The Schedule was
created using current practice. It takes into consideration holidays and other notable
events such as National Night Out and the General Election.
Submitting Department Director: Angela M. Apperson \ Date: 10/14/2013
Attachment: Schedule
Financial Impact: Staff time to prepare schedule and agenda item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Cou*iI take the following action:
Approve the Meeting Schedule.
Approved by City Manager: David L. Greene EP:IP-4- Date: /057/.3
City Council Action: [ ] Approved as Recommended [] Disapproved
[ ] Approved with Modifications
[] Tabled to Time Certain
City of Cape Canaveral
2014 City Council Regular Meeting Schedule
and Tentative Budget Meeting Schedule
Agenda Cut-off at 4:30 PM Agenda & Packet Due by Council Meeting
Close of Business 6:OOPM unless noted
1/7/2014 — Date Reserved*
1/8/2014 1/14/2014 1/21/2014
2/4/2014 — Date Reserved*
2/5/2014 2/11/2014 2/18/2014
3/4/2014 — Date Reserved*
3/5/2014 3/11/2014 3/18/2014
4/1/2014 — Date Reserved*
4/2/2014 4/8/2014 4/15/2014
5/6/2014 — Date Reserved*
5/7/2014 5/13/2014 5/20/2014
6/3/2014 — Date Reserved*
6/4/2014 6/10/2014 6/17/2014
7/1/2014 — Date Reserved*
7/15/2014 - Budget
Workshop 4:00PM - 5:30PM
7/2/2014 7/8/2014 7/15/2014
8/4/2014 — Date Reserved*
8/19/2014 - Budget
Workshop 4:OOPM - 5:30PM
8/6/2014 8/12/2014 8/19/2014
9/2/2014 — Date Reserved*
Week of Sept 8-12`b — First Budget Hearing exact day TBD
Note: Historically Brevard County and the School Board have met on Tuesday and Thursday. Florida Law
does not allow the City to hold meetings on the same day.
N/A N/A
N/A N/A
9/3/2014
9/9/2014 9/16/2014
Week of Sept 22-26m — Second Budget Hearing exact day TBD
Note: Historically Brevard County and the School Board have met on Tuesday and Thursday. Florida Law
does not allow the City to hold meetings on the same day.
10/7/2014 — Date Reserved*
10/8/2014 10/14/2014 10/21/2014
11/6/2014 — Date Reserved*
11 /5/2014 11/11/2014 11/18/2014
12/2/2014 — Date Reserved*
12/3/2014 12/9/2014 12/16/2014
* These dates are reserved if a meeting is necessary. Agendas will be published 1 week before the meeting.
Approved by Council:
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/1912013
Item No.
Subject: Resolution No. 2013-25; reappointing Members to the Library Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Linda Brown and Evelin Reid)
Department: Legislative
Summary: After having conducted interviews at tonight's meeting of Library Board
Members Linda Brown and Evelin Reid, it is now incumbent upon the City Council to
reappoint each as Members of said Board.
Submitting Department Director: Angela Apperson Date: 10/24/2013
Attachment: Resolution. No. 2013-25
Financial Impact: Staff time and effort to prepare this Agenda Item.
11
Reviewed by Finance Director: John DeLeo Date. ,
The City Manager recommends that City Council tak the following action:
Adopt Resolution No. 2013-25.
Approved by City Manager: David L. Greene (.(,. I- Date:f I
City Council Action: [ ] Approved as Recommended [ ] Disap
[ ] Approved with Modifications
[ 1 Tabled to Time Certain
roved
RESOLUTION 2013-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING
MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE
CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 46-
26, Cape Canaveral City Code, established a board known as the Library Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint Members to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Reappointments to Library Board pursuant to Section 2-171(e) of the Cape
Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the
following individuals to the Cape Canaveral Board indicated below:
Linda Brown and Evelin Reid shall each be reappointed to the Library Board for
terms of three (3) years.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 19th day of November, 2013.
(Signature page follows)
City of Cape Canaveral
Resolution No. 2013-25
Page 1 of 2
ATTEST:
Angela Apperson, MMC
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name FOR AGAINST
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Resolution No. 2013-25
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
Item No. 44.
Subject: Endorse the Memorandum of Understanding between Space Coast League
of Cities, Brazil Space Coast International Development Agency, and Brazil Florida
Chamber of Commerce.
Department: Administrative Services
Summary: Located in Brevard County, Florida, the Space Coast League of Cities
(SCLOC) was incorporated in February 1970 as a not-for-profit corporation under the
name Brevard County League of Municipalities, Inc. in June 1990, the name was
changed to Space Coast League of Cities, Inc. The purpose of the SCLOC is to bring
municipalities together for mutual assistance in improving municipal government and
promote the welfare of Space Coast communities and citizens among other objectives.
Located in Melbourne, Florida, the Brazil Space Coast International Development
Agency, Inc. (BSCIDA) was incorporated as a domestic nonprofit corporation in the
State of Florida in September 2012, The BSCIDA is an organization that focuses on
developing business opportunities between the country of Brazil and the Space Coast
area in Florida.
The Brazil Florida Chamber of Commerce, Inc. (BFCC), formerly known as Brazil -
Tampa Bay Chamber of Commerce, Inc., was incorporated as a nonprofit corporation in
December 2001. The Brazil Florida Chamber of Commerce was established to provide
a strong link between United States businesses and Brazil and strive to develop
international policies that help Brazilian and American companies and entrepreneurs
succeed.
At the SCLOC September Meeting, League Members were introduced to Kenneth A.
DeVeau, President of BSCIDA and Jefferson Michaelis of BFCC. It was determined
that the League would enter into a Memorandum of Understanding (MOU) to promote
the Space Coast, enhance trade and encourage development opportunities between
the Space Coast and the membership represented by the Brazilian Agencies. Attached
please find the MOU to be considered by each SCLOC member city.
Submitting Department Director: Angela Apperson Date: 11/01/2013
Attachment: Memorandum of Understanding
Financial Impact: Staff time to prepare schedule and agenda item,.
Reviewed by Finance Director: John DeLeo
Date:
City Counci
Item No.
Page 2 of 2
eeting Date: 11/19/2013
The City Manager recommends that City Council take the following action:
Endorse the Memorandum of Understanding between Space Coast League of Cities,
Brazil Space Coast International Development Agency, and Brazil Florida Chamber of
Commerce.
Approved by City Manager: David L. Greene "PA- Date:
City Council Action: [ ] Approved as Recommended [1 Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SPACE COAST LEAGUE OF CITIES, INC.,
BRAZIL -SPACE COAST INTERNATIONAL
DEVELOPMENT AGENCY, INC., AND
BRAZIL FLORIDA CHAMBER OF COMMERCE, INC.
THIS AGREEMENT is made this _LL__ day of No\-t,mhf.r ,
2013, by Space Coast League of Cities, Inc., a Florida Not -for -
Profit Corporation, whose address is 1600 Huntington Lane,
Rockledge, FL 32955; the Brazil -Space Coast International
Development Agency, Inc., a Florida Not -for -Profit Corporation,
whose address is One Air Terminal Parkway - Suite 107, Melbourne,
FL 32901; and the Brazil Florida Chamber of Commerce, Inc., a
Florida Not -for -Profit Corporation, whose address is 7512 Doctor
Phillips Blvd. - Suite 50-406, Orlando, FL 32819.
RECITALS:
WHEREAS, the Space Coast League of Cities, Inc. has as one
of its objectives to promote the welfare of each Space Coast
Community and its citizens;
WHEREAS, Brazil -Space Coast International Development
Agency, Inc., is established to encourage the development of
Brazilian investment in and trade with the Space Coast;
WHEREAS, the Brazil Florida Chamber of Commerce, Inc., is
established to facilitate and promote trade and investment
between Florida and Brazil; and
WHEREAS, the above named parties recognize the importance
and value of collaborative effort, cooperation, and coordination
of activities for common objectives,
NOW, THEREFORE, in consideration of Ten and 00/100 DOLLARS
($10.00) and certain other good and diverse considerations, each
to the other paid in hand, the sufficiency and receipt, all of
which be and the same is hereby acknowledged, the parties desiring
to be legally bound hereby:
1. Recitals. Each and all of the foregoing recitals be
and the same are hereby incorporated herein and acknowledged to be
true and correct.
2. Purpose. The parties to this Memorandum of
Understanding hereby agree to:
1
* Endeavor to develop and maintain friendly
relations between the Parties;
* Develop and maintain collaborative processes of
Communication to effectuate the purposes of this Memorandum of
Understanding;
* Collaborate and cooperate with each other to
promote trade with Brazil and encourage Brazilian investment in
the Space Coast;
* Collaborate and cooperate with each other to
promote entrepreneurship, technology, trade, and economic
development; and
* Collaborate and cooperate with each other to
promote cultural awareness and social understanding between
Brazil and the Space Coast.
3. Term. This Memorandum of Understanding shall be in
force and effect until December 31, 2015. This Memorandum of
Understanding will automatically renew for one additional term
of two (2) years until December 31, 2017, unless the Space coast
League of Cities, Inc., the Brazil -Space Coast International
Development Agency, Inc., or the Brazil Florida Chamber of
Commerce, Inc., by written notice to the other Parties terminates
this Memorandum of Understanding, said notice being given at
least ninety (90) days prior to the date of termination. The
ability to terminate this Memorandum of Understanding shall not
be granted to any other Party joining into this instrument.
4. Amendment. This Memorandum of Understanding may be
amended by the Parties by written instrument executed by all
Parties.
5. Municipal Parties to this Agreement. Notwithstanding
any of part of this Section 5., upon approval and execution of
this Memorandum of Understanding by the Space Coast League of
Cities, Inc., a Florida Not -for -Profit Corporation; the Brazil -
Space Coast International Development Agency, Inc., a Florida Not -
for -Profit Corporation; and the Brazil Florida Chamber of
Commerce, Inc., a Florida Not -for -Profit Corporation, this
Agreement shall become effective as to those legal entities. The
following municipalities may become Parties to this Memorandum
of Understanding upon execution of a counterpart signature page
electing to become a Party hereto: City of Cape Canaveral; City
2
of Cocoa; City of Cocoa Beach; Town of Grant-Vaikaria; Town of
Indialantic; City of Indian Harbour Beach; Town of Malabar; City
of Melbourne; Town of Melbourne Beach; Town of Melbourne
Village; City of Palm Bay; Town of Palm Shores; City of
Rockledge; City of Satellite Beach; City of Titusville; and City
of West Melbourne. Upon becoming a Party to this Memorandum of
Understanding, except as otherwise provided herein, this
Memorandum of Understanding shall become binding to the same
extent as with regard to any other Party hereto.
6. Execution. This Agreement may be executed by the use
of counterpart signature pages.
IN WITNESS HEREOF, the Parties have executed this
Memorandum of Understanding, as of the date first written.
ATTEST:
Nano r G1iiss, Executive
Secretary
3
SPACE COAST LEAGUE OF CITIES,
INC., a Florida Not -for -
Profit Corporation
Vo.
lley, Pte, nt
(CORPORATE SEAL)
BRAZIL -SPACE COAST
INTERNATIONAL DEVELOPMENT
AGENCY, INC., a Florida Not -
for -Profit Corporation
By:
K e A. DeVeau, its
President
(CORPORATE SEAL)
COUNTERPART SIGNATURE PAGE
for
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SPACE COAST LEAGUE OF CITIES, INC.,
BRAZIL -SPACE COAST INTERNATIONAL
DEVELOPMENT AGENCY, INC., AND
BRAZIL FLORIDA CHAMBER OF COMMERCE, INC.
THIS COUNTERPART SIGNATURE PAGE was made this day of
, 201_, by the City of Cape Canaveral, Florida, a
Florida Municipal Corporation, whose address is 105 Polk Avenue,
Cape Canaveral, Florida 32920.
By action of its City Council on the day of
201`, the City of Cape Canaveral, Florida, approved the
Memorandum of Understanding Between the Space Coast League of
Cities, Inc., a Florida Not -for -Profit Corporation; the Brazil -
Space Coast International Development Agency, Inc., a Florida Not -
for -Profit Corporation; and the Brazil Florida Chamber of
Commerce, Inc., a Florida Not -for -Profit Corporation, to which
this Counterpart Signature Page is attached. The City of Cape
Canaveral, Florida, hereby joins in and consents to being a Party
to the foregoing Memorandum of Understanding.
CITY OF CAPE CANAVERAL, FLORIDA,
a Florida Municipal Corporation
By:
David L. Greene, its
City Manager
ATTEST:
(CITY SEAL)
Angela M. Apperson, its
City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
Item No.
Subject: Acceptance of Annual Review and Inspection Report — Cape Caribe, Inc.
Binding Developer's Agreement.
Department: Community and Economic Development
Summary: The City entered into a Binding Developer's Agreement (BDA) with Cape
Caribe, Inc. in March of 2010, amended November 2011. Section 18.0 of the BDA
states "the City's Building Official and Planning & Development Director shall coordinate
with the Owner to schedule an annual review and inspection of the Property to
determine if Owner has demonstrated good faith and compliance with the terms and
conditions of this Agreement." It also calls for the findings to be memorialized in a
written report (Annual Report) and presented annually to the City Council.
An inspection of property by the Building Official and Planning & Zoning Director was
performed on Friday, November 8, 2013. It was determined that Cape Caribe has
complied with all conditions of the BDA.
In accordance with Section 15.4, Owner has submitted an inspection report by a
licensed engineer. The attached report from Allen Engineering concludes "Overall, the
stormwater management system appears to be functioning very well. The regular
maintenance being performed by the ground crews appears sufficient to keep the
system operating properly."
No development permits have been issued relative to the provisions of the Revised Site
Plan dated February 25, 2009. However, a site plan set for a new building (Building #5)
is currently under review by Staff. The Planning & Zoning Board reviewed the plan set
on October 23, 2013 and recommended approval.
Submitting Director: Barry Brown 0)/04\ Date: 11/06/2013
Attachments: 1) Annual Review and Inspection Report; 2) Inspection Report by
Licensed Engineer.
Financial Impact: Staff time to perform Annual review and Inspection and prepare
agenda item.
Reviewed by Finance Director: John DeLeo Date:
,
The City Manager recommends that City Council Jake the following action(s):
Accept Cape Caribe BDA Annual Report.
Approved by City Manager: David L. Greene 0'14- DateliA
City Council Action: [ 1 Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Cape Caribe Binding Developer's Agreement
Annual Review and Inspection Report
November 6, 2013
Submitted by
Glenn Pereno, Building Official
Barry Brown, Planning and Zoning Director
This report is submitted in accordance with Section 18.0 Annual Review and Inspection
Report of the Binding Developer's Agreement (BDA) entered into between the City of Cape
Canaveral and Cape Caribe, Inc. on March 4, 2010 and incorporates all revisions adopted in the
Modification to BDA approved on November 16, 2011.
An inspection of property by Planning and Zoning Director and Building Official was performed
on Friday November 8, 2013. It was determined that Cape Caribe had complied with all
conditions of BDA.
In accordance with Section 15.4, owner has submitted an inspection report by a licensed
engineer. The attached report from Allen Engineering concludes "Overall, the stormwater
management system appears to be functioning very well. The regular maintenance being
performed by the ground crews appears sufficient to keep the system operating properly."
No development permits have been issued relative to the provisions of the Revised Site Plan
dated February 25, 2009. However, site plans for a new building (Building #5) are currently
under review by Staff. Planning & Zoning Board reviewed the plan set on October 23, 2013 and
recommended approval.
AtLEN
(321) 783-7443
FAX (321) 783-5902
NG I NE ERI NG, I NC. 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321
6 September 2013
Mr. John Grandlich, Vice President
Cape Caribe, Inc
710 North Plankinton Avenue
Milwaukee, WI 53203
Re: Cape Caribe Stormwater
Dear Mr. Grandlich:
Per your request and in accordance with the Cape Caribe Development Agreement,
Allen Engineering has inspected the stormwater management system serving Cape Caribe to
ensure that the system is being maintained and functioning properly. During our inspection on
9/4/2013, the following observations were made:
• The curb and gutter systems as well as the roadside swales serving Shorewood Drive
are clean and functioning properly with no visual evidence of standing water along the
roadway.
• The storm inlets are clean (free of debris). The standing water in the inlets is below the
inverts of the pipes indicating that the exfiltration system is functioning.
• The water level in the stormwater retention pond is below the sodded banks of pond.
The water elevation is approximately 3.25 according to the gauge on the emergency
overflow structure located in the northwest corner of the pond.
• Nuisance vegetation within the wet retention pond is being properly controlled.
• The open spaces are well vegetated and properly maintained, thus reducing sediment
migration into the stormwater management system.
Overall, the stormwater management system appears to functioning very well. The
regular maintenance being performed by the ground crews appears sufficient to keep the
system operating properly.
- •
VOiettOrYPtirs
icbael S. A ,
,
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
Item No,
Subject: Ordinance No. 13-2013; adopting the amendments to the Annual General
Fund, Special Revenue Funds, Wastewater Enterprise Fund and Stormwater Enterprise
Fund Budgets for the Fiscal Year beginning October 1, 2012, and ending September
30, 2013; providing for an effective date; second reading.
Department: Administrative Services
Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 13-
2013, Attachment #1, is presented for adoption. Exhibit "A" to the Ordinance details
items that were carried forward from FY 2012; the mid -year budget transfers; the year
end budget adjustments and concludes with the ending budget. Attachment #2
provides further detail of the items carried forward from FY 2012 and Attachment #3
provides further details of the mid -year budget transfers. The year-end budget
adjustment column on Exhibit "A" is a bit different than in years past. This year's
revenue and expense have been adjusted to reflect what we believe to be the final
Budget. You will now be able to see revenue that has exceeded estimates or was
under -realized. On the expenditures, you will be able to see where money was saved
or in some cases, where projects were budgeted, but for some reason not completed,
such as North Atlantic Avenue Improvements Project and the Fire Station, which have
been re -budgeted for FY 2013/14. As with past years, the Comprehensive Audited
Financial Report (CAFR) will provide the actual expenditures for this budget year.
Ordinance No. 13-2013 was approved at first reading on October 15, 2013. The Notice
of Public Hearing was advertised in Florida Today on October 24, 2013.
Exhibit "A" to the Ordinance has been updated to reflect an ongoing analysis performed
to revise projections and ensure the most current financials beyond the Budget
Amendment FY12-13 Agenda Item (First Reading) presented at the 15 October 2013
City Council Meeting. Final audited revenues and expenditures will be reported in the
City's Comprehensive Annual Financial Report (CAFR) upon completion of the annual
audit.
Submitting Department Director: John DeLeo Date: 10/24/13
Attachments:
#1 Ordinance No. 13-2013 and Exhibit "A"
#2 Purchase Order Rollovers Detail
#3 Budget Adjustment Detail
Financial Impact: No additional financial impact is experienced through the formal
adoption of the Budget Adjustments & Amendments; however, the financial impact of
each Adjustment or Amendment is recorded at the face value of the Amendment.
Reviewed by Finance Director: John DeLeo Date: /
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 13-2013, second reading.
Approved by City Manager: David L. Greene a
14:
Date:
City Council Meeting Date: 11/19/2013
Item No.
Page 2 of 2
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[1 Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
ORDINANCE NO. 13-2013
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE
ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS,
WASTEWATER ENTERPRISE FUND AND STORMWATER
ENTERPRISE FUND BUDGETS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. The Amendments to the Annual General Fund, Special Revenue Funds,
Wastewater Enterprise Fund and Stormwater Enterprise Fund Budgets which are attached hereto as
Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year
beginning October 1, 2012, and ending September 30, 2013, are hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day
November, 2013.
ATTEST:
Angela Apperson, MMC
City Clerk
Approved as to form:
Anthony A. Garganese, City Attorney
First Reading: 10/15/2013
Legal Ad Published: 10/24/2013
Second Reading: 11/19/2013
Rocky Randels, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
FOR AGAINST
REVENUE
Cash Forward
Ad Valorem Taxes
Local Option Gas Tax
Franchise Fees
Utility Taxes
Communications Service Tax
Permits & Licenses
Transportation Impact Fees
State Shared Revenue
Local Shared Revenue
Charges for Services
Garbage & Recycling Revenue
Recreation Fees
Fines & Forfeitures
Interest Income
Fire Hydrant Rental Fee
Miscellaneous Revenue
Other Financing Sources
TOTAL REVENUES $
$
EXPENDITURE
Legislative $
Administrative Services
Community & Economic Development
Police Services
Fire/Rescue Services
Building & Code Enforcement
Infrastructure Maintenance
Leisure Services
Legal Services
Solid Waste
Non -Departmental
Contingency
TOTAL EXPENDITURES 5
Exhibit "A" to Ord. 13-2013
FY 2013
STARTING
BUDGET
794,779 $
3,130,598
285,100
708,000
1,105,000
555,000
376,699
720,500
145,000
38,120
948,200
113,046
28,600
130,250
51,786
42,095
128,120
9,300,893 $
38,289 $
318,932
385,960
2,631,304
1,710,886
291,690
1,316,962
551,325
112,000
932,800
460,138
550,607
9,300,893 $
FY 2012
CARRY -FWD
ADDITIONS
111,805 $
111,805 $
$
51,644
36,531
23,630
111,805 $
FY 2013
MID YR BUDGET
TRANSFERS
$
$
- $
2,415
(2,016)
4,316
2,016
5,000
36,235
(47,966)
- $
FY 2013
YR END BUDGET
ADJUSTMENTS
(586,683) $
36,756
34,794
(101,719)
(253,422)
(29,946)
(130,128)
91,120
13,218
(1,279)
(1,645)
24,889
(23,499)
54,639
(21,869)
(2,991)
100,429
(797,337) $
(15,177) $
(4,372)
(125,511)
(7,952)
(2,166)
(32,951)
(566,049)
(55,624)
2,741
25,547
(106,977)
91,153
(797,337) $
FY 2013
ENDING
BUDGET
319,901
3,167,354
319,894
606,281
851,578
525,054
246,571
91,120
733,718
143,721
36,475
973,089
89,547
83,239
108,381
48,795
142,524
128,120
8,615,361
23,112
316,975
310,077
2,623,352
1,713,036
260,755
787,444
500,701
114,741
958,347
413,026
593,794
8,615,361
Page 1 of 7
REVENUE
Cash Forward
Police Education Income
Interest Income
TOTAL REVENUES
EXPENDITURE
Education & Training
Contingency
TOTAL EXPENDITURES
Exhibit "A" to Ord. 13-2013
POLICE EDUCATION FUND
FY 2013
STARTING
BUDGET
FY 2012 FY 2013 FY 2013
CARRY -FWD MID YR BUDGET YR END BUDGET
ADDITIONS TRANSFERS ADJUSTMENTS
FY 2013
ENDING
BUDGET
3,000 $ $ $ (3,000) $ -
1,440 (403) 1,037
240 (84) 156
4,680 $ $ $ (3,487) $ 1,193
3,000 $
1,680
4,680 $
•
_FIRE PROTECTION FUND
FY 2013
STARTING
BUDGET
$
(3,000) $
(487)
(3,487) $
FY 2012 FY 2013 FY 2013 FY 2013
CARRY -FWD MID YR BUDGET YR END BUDGET ENDING
ADDITIONS TRANSFERS ADJUSTMENTS BUDGET
1,193
1,193
REVENUE
Interest Income $ 468 $ $ $ (154) $ 314
Impact Fees 15,741 (15,741) -
Net Increase (decrease) in FMV - 51 51
TOTAL REVENUES $ 16,209 $ $ $ (15,844) $ 365
EXPENDITURE
Contingency $ 16,209 $ $ $ (15,844) $ 365
TOTAL EXPENDITURES $ 16,209 $ $ $ (15,844) $ 365
Page 2 of 7
Exhibit "A" to Ord. 13-2013
CHOOL CROSSING GIYARIYFUNW
REVENUE
Cash Forward
Parking Fine Surcharge
Interest Income
TOTAL REVENUES
EXPENDITURE
Transfer to Fund 001
Contingency
TOTAL EXPENDITURES
REVENUE
Ad Valorem Taxes
Ad Valorem Tax Delinquent
Tax Penalty Income
Interest Income
Net Increase (decrease) in FMV
TOTAL REVENUES
EXPENDITURE
General Insurance
Building & Grounds Maintenance
Operating Supplies
Contingency
TOTAL EXPENDITURES
$
FY 2013 FY 2012 FY 2013 FY 2013 FY 2013
STARTING CARRY -FWD MID YR BUDGET YR END BUDGET ENDING
BUDGET ADDITIONS TRANSFERS ADJUSTMENTS BUDGET
- $ $ $ 1,021 $ 1,021
3,060 (1,009) 2,051
60 (12) 48
3,120 $ $ $ 0 $ 3,120
3,120 $
3,120 $
FY 2013
STARTING
BUDGET
- $ $
3,120
3,120
FY 2012 FY 2013 FY 2013 FY 2013
CARRY -FWD MID YR BUDGET YR END BUDGET ENDING
ADDITIONS TRANSFERS ADJUSTMENTS BUDGET
57,688 $ $ $ (1,281) $ 56,407
144 1,864 2,008
5 100 105
1,980 (686) 1,294
- 72 72
59,817 $ $ $ 69 $ 59,886
32,000 $ $ $ (4,483) $ 27,517
11,760 (9,864) 1,896
175 - 175
15,882 14,416 30,298
59,817 $ $ $ 69 $ 59,886
Page 3 of 7
Exhibit "A" to Ord. 13-2013
-i.-'...:-,;-:'14,557,..7i'7.-..sf.-47.:a.JiT.ni=..".:.1..L...' , ,,,.v.::--.;'-.17-377.n!,t-.71....111:FiW3,4«:;:::::;,•::::17.7:1"77.:r4;i:;-,::,N;;:-.:.,,T22:,!pWr..:1=4-1.;4:in-P...a.,,:.;."1,*:::,,,7:-,e+:4.'aiiii-„ -.,T.7a,...,,,,i-aa',, at - -1-i-'-,"7:-If, 7:,, '2,..:-.:' '':''';',:tT:-::.7...
7.,.-....7.,TA,....,.-.44.,...,,,.....7...;;;,:•;:'0::.,,i,;,,-1...7.,,,s.r-P.,..,. .,'. .. .. . . .. ..
.. .. .. . _.,... .. . . •
. ... . . • . ..
. . • - '• ••• ' '." •'••' ' • -•
LAW ENFORCEMENT TRUST FUND
. . • ...... • •
....,:..,...::. , - ::,•• . : ..:. . :-..: ............... ....
FY2013 FY 2012
STARTING CARRY -FWD
BUDGET ADDITIONS
REVENUE
Cash Forward 3,179 $
Interest -State 260
Net Increase (decrease) in FMV
TOTAL REVENUES 3,439 $
FY 2013 FY 2013
MID YR BUDGET YR END BUDGET
TRANSFERS ADJUSTMENTS
FA' 2013
ENDING
BUDGET
$ $ - $ 3,179
(103) 157
156 156
$ - $ 54 $ 3,493
EXPENDITURE
School Resource Officer $ 3,179 $ $ $ - $ 3,179
Contingency 260 54 314
TOTAL EXPENDITURES $ 3,439 $ $ $ 54 $ 3,493
Page 4 of 7
REVENUE
Cash Forward - General Gov't. $
Cash Forward - Fire
Cash Forward - Library
Interest - Gen. Gov't.
Interest - Police
Interest - Fire/Rescue
Interest - Library
Interest - Parks & Rec
Net Increase/decrease in FMV
Capital Expansion Fees - Gen. Gov't.
Capital Expansion Fees - Police
Capital Expansion Fees - Fire
Capital Expansion Fees - Library
Capital Expansion Fees - Parks
TOTAL REVENUES 5
EXPENDITURE
Capital - General Gov't. $
Capital - Fire
Capital - Library
Contingency - Gen Gov't.
Contingency - Police
Contingency - Fire
Contingency - Library
Contingency - Parks & Rec.
TOTAL EXPENDITURES $
Exhibit "A" to Ord. 13-2013
CAPITA,:EXPANSION FUND:
FY 2013
STARTING
BUDGET
250,000 $
2,500,000
5,400
1,680
1,600
2,000
2,402
12,157
17,553
10,983
15,603
17,428
2,836,806 $
250,000 $
2,500,000
12,157
20,289
14,441
19,722
20,197
2,836,806 $
FY 2012
CARRY -FWD
ADDITIONS
- $
91,598
91,598 $
- $
91,598
91,598 $
FY 2013
MID YR BUDGET
TRANSFERS
29,276
29,276 5
29,276
29,276 $
FY 2013
YR END BUDGET
ADJUSTMENTS
(240,000) $
(2,488,326)
(207)
(1,502)
(567)
(617)
968
(810)
2,312
(9,353)
(15,219)
(5,682)
(15,363)
(16,973)
(2,791,340) $
(240,000) $
(2,488,326)
(207)
(3,144)
(16,842)
(8,157)
(16,514)
(18,151)
(2,791,340) $
FY 2013
ENDING
BUDGET
10,000
103,273
29,069
3,898
1,113
983
2,968
1,592
2,312
2,804
2,334
5,301
240
455
166,340
10,000
103,273
29,069
9,013
3,447
6,284
3,208
2,046
166,340
Page 5 of 7
C'^
REVENUE
Cash Forward
Utility Operating Income
Utility Penalty Income
Impact Fees
Reuse Hook -Up Fees
Reclaimed Water Revenue
Sale of Fixed Assets
Investment Income
SRF Loan Proceeds
Net Increase/Decrease in FMV
TOTAL REVENUES
EXPENSE
Personnel Services
Operating Expenses
Capital Purchases
Transfer to General Fund
Debt Service
Contingency
TOTAL EXPENSES
Exhibit "A" to Ord. 13-2013
WASTEWATER ENTERPRISE FUND
FY 2013
STARTING
BUDGET
773,400 $
3,451,256
60,000
193,322
5,400
165,000
24,000
3,650,000
8,322.378 $
1,279,879 $
991,316
4,423,400
125,000
649,385
853,398
8,322,378 $
FY 2012
CARRY -FWD
ADDITIONS
69,481 $
69,481 $
69,481
69,481 $
FY 2013
MID YR BUDGET
TRANSFERS
$
- $
63,119
240,286
(303,405)
- $
FY 2013
YR END BUDGET
ADJUSTMENTS
(379,203) $
(220,524)
(13,309)
(186,129)
(2,900)
(102,463)
6,367
(13,935)
(3,443,301)
5,548
(4,349,850) $
(155,923) $
(138,097)
(4,186,149)
4,017
126,300
(4,349,850) $
FY 2013
ENDING
BUDGET
463,678
3,230,732
46,691
7,193
2,500
62,537
6,367
10,065
206,699
5,548
4,042,009
1,123,956
916,338
547,018
125,000
653,402
676,293
4,042,009
Page 6 of 7
REVENUE
Cash Forward
Stormwater Utility Fees
Investment Income
SRF Loan Proceeds
Sale of Fixed Assets
Net Increase (decrease) in FMV
TOTAL REVENUES
EXPENSE
Personnel Services
Operating Expenses
Capital Purchases
Contingency
TOTAL EXPENSES
$
Exhibit "A" to Ord. 13-2013
STORMWATER ENTERPRISE FUND
FY 2013
STARTING
BUDGET
24,200 $
574,000
15,361
745,000
1,358,561 $
166,968 $
168,685
769,200
253,708
1,358,561 $
FY 2012
CARRY -FWD
ADDITIONS
43,090 $
43,090 $
43,090
43,090 $
FY 2013
MID YR BUDGET
TRANSFERS
$
- $
9,000
(9,000)
- $
FY 2013
YR END BUDGET
ADJUSTMENTS
(23,950) $
5,514
(5,930)
(618,313)
(547)
28
(643,198) $
14,370 $
(27,534)
(452,355)
(177,679)
(643,198) $
FY 2013
ENDING
BUDGET
43,340
579,514
9,431
126,687
(547)
28
758,453
181,338
150,151
359,935
67,029
758,453
Page 7 of 7
General Fund:
PO # Vendor
6876 Kimley-Horn & Associates
5941 Milestone Professional Svcs
6823 North Key Consolidated
6875 Planning Design Group
5743 Quentin Hampton Associates
6908 Watts Falls & Features
Capital Expansion Fund:
PO # Vendor
6095 Baskerville - Donovan
6301 Universal Engineering
Wastewater Enterprise Fund:
PO # Vendor
6813
5942
6638
6354
Baskerville - Donovan
Parkson Corporation
The Berryhiil Group, LLC
Baskerville - Donovan
Stormwater Enterprise Fund:
PO # Vendor
6813 Baskerville - Donovan
6638 The Berryhiil Group, LLC
City of Cape Canaveral
Purchase Order Rollovers Detail
FY 12 to be rolled into FY13
Original Amt.
$ 55,900
$ 13,540
$ 10,000
$ 5,919
$ 78,015
$ 9,995
$ 173,369
Original Amt.
$ 210,630
$ 3,040
$ 213,670
Original Amt.
$ 25,193
$ 560,000
$ 7,100
$ 22,000
$ 614,293
Original Amt.
$ 46,787
$ 7,100
$ 53,887
Paid
as of 9/30/12
$ 10,175
$ 9,405
$ 500
$ 41,484 $
$
Carry -forward
Account
Amount Number
$ 45,725 001-003-515-330000
$ 4,135 001-017-901-340000
$ 9,500 001-017-901-330001
$ 5,919 001-003-515-330000
36,531 001-007-541-630000
- $ 9,995 001-017-901-480000
61,564 I $ 111,805 I
Cash Forward 001-000-300-300100
Paid Carry -forward Account
as of 9/30/12 Amount Number
$ 122,072 $ 88,558 302-026-522-600220
$ $ 3,040 302-026-522-600220
$ 122,072 I $ 91,598 I
Cash Forward 302-000-300-300102
Attachment 2
Comments
CRA Redevelopment Plan
Accounting and Consulting Services
Consulting Services Salary/Benefits
Water Supply Plan
N. Atlantic Ave. Streetscape Project
Sea Turtle Sculpture
New Fire Station
New Fire Station
Paid Carry -forward Account
as of 9/30/12 Amount Number
$ 10,797 $ 14,396 401-010-535-631000
$ 532,000 $ 28,000 401-010-535-645000
$ $ 7,100 401-010-535-631000
$ 2,015 $ 19,985 401-010-535-631000
$ 544,812 $ 69,481 I
Cash Forward 401-000-300-300100
Paid Carry -forward Account
as of 9/30/12 Amount Number
$ 10,797 $ 35,990 403-018-538-630000
$ - $ 7,100 403-018-538-630000
$ 10,797 I $ 43,090 I
Cash Forward 403-000-300-300100
Comments
Comments
Facilities Plan for SRF
Recondition Dynasand Filters for WWTP
SRF Process
Engineering Study, Force Main, LS#3
Comments
Facilities Plan for SRF
SRF Process
,rm„ce...1,1 w,wu. :wa.0.... 01.9.1aw:mux 7 m�.:wn,a axn> amwn r:aem.rc,mw�vu::�a...m+. ;eua:sa,evowwen.,,i xu'awx an��zsxw w,xev.»cemun>,num .v,umvoxirores.:
Grand Total
315,974
General Ledger
l3udget Adjustment Detail
FV 71112/13
Account Number
001-002-513-520000
006118/2013
07f22/2013
Operating Supplies
Replace w=orn out printer in Financial Services.
Transfer funds to cover purchases through Fiscal Year end.
001-003-515-330000 Professional Services
03113120013 Replenish shortfall in account for payment to Riroley-Horn.
001-003-51-462000 Equipment Maintenance
01:3112013 Cover increasedoast of cooier maintenance for new Konica f.'in.o/ta copier.
001.003-5 5-470000 Printing
01/31!2013 Cover increased cost
oilier
ainterlance for ne:: Konica Minolta come
001-005-522.450000 General Insurance
04:02/2013 Transfer funds from contingency to cover cost of Fiduciary Liability Insurance.
City of
Cape Canaveral
From 001-017-901-990000
From 001-017-901-990000
To 001-006-524-330000
From 001-003-515-470000
To 001-003-515--162000
From 001-017-901-990000
pr -_9
Attachment 3
Beginning Budget
90.000
4.100
39.600
001-006-524-330000 Professional Services S 200
03113/2013 Replenish shortfall in account for payment to Kimley-Hom From 001-003-515-330000
001-011-572-400000 Travel & Per Diem 5 1,560
07/1612013 Membership & Conference Fee for FRPA & Fuel 10 gel to year end. To 001-011-572-540000
Page 1
Transfer
Amount Ending Budget
5 665 5 8,375
5 1.750 5 10,125
I S
10.125-1
c"7,964
87.984 l
2.650 2.650
s 2.650 l
1.450
5 1.450'
4,316 5 43.916
L? ............. 43.916 1
2.016 5 2.216
2.2161
10'1:01 5 1,237
1,237
001-011-572-461000
04/03/2013
05/06/2013
05/08/2013
001-011-572-462000
04/03/2013
07/16/2013
Building & Grounds Maintenance
Unanticipated Repairs to Racquetball Court
Unanticipated Repairs to Recreaion Facilities
Chemical Spraying of Recreation Facilities under -budgeted
Equipment Maintenance
Unanticipated Repairs to Racquetball Court
Cover Gasoline consumption to year end.
001-011-572-524000 Motor Fuel & Lubricants
07/16/2013 Cover Gasoline consumption to year end.
From 001-011-572-528010
To 001-011-572-524000
From 001-011-572-462000
001-011-572-528010 Tournament Expense
05/06/2013 Unanticipated Repairs to Recreation Facilities and under budgeted chemical spraying. To 001-011-572-461000
001-011-572-540000 Memberships & Training
07/16/2013 Membership & Conference Fee for FRPA & Fuel to get to year end.
001-017-901-420000 Postage
06/18/2013 Replenish Postage Meter
001-017-901-461000
05/22/2013
001-017-901-990000
04/02/2013
05/06/2013
05122/2013
06/18/2013
06/18/2013
07/22/2013
Facility Maintenance
Cover unforseen expenditures and emergency expenditure at Baseball Park.
Contingency
Transfer funds from contingency to cove cost of Fiduciary Liability Insurance
Chemical Spraying of Recreation Facilities under -budgeted
Cover unforseen expenditures and emergency expenditure at Baseball Park.
Replenish Postage Meter
Replace wom out printer in Financial Services
Transfer funds to cover purchases through Fiscal Year end.
302-000-300-300103 Cash Forward - Library
04/08/2013 Place funds in account for purchase of new library books.
Page 2
From 001-011-572-400000
From 001-017-901-990000
From 001-017-901-990000
To 001-005-522-450000
To 001-011-572-461000
To 001-017-901-461000
To 001-017-901-420000
To 001-002-513-520000
To 001-002-513-520000
5 68.505
S 8.602
S 2.800
S 1.245
S 1.000
S 3.656
S 22.320
$ 550.607
$
S 1,000 $ 69,505
$ 1,245 S 70,750
$ 5,000 S 75,750
5
S
5
S 75.750
(1,000) 5 7,602
(650) 5 6,952
I S 6
650 S 3.450
'5 3.4501
S (1,245) S
S
S
323 S 1,323
5
S 1.235 S 4,891
S 4.891
$ 35,000 S 57,320
1 57.320
(4,316) $ 546.291
(5,000) S 541,291
(35,000) $ 506.291
(1,235) S 505,056
(665) $ 504.391
(1,750) S 502.641
1$ 502.641 1
S 29,276 S 29.276
S 29.2
302-028-571-600710 Capital - Library $
04/0812013 Place funds in account for purchase of library books approved by council
401-010-535-340000 Contract Services
02/15/2013 Wastewater Impact Fee Update Study per FS 163.31801.
401-010-535-482200 Collection System Maintenance
08/1112013 Madison Ave emergency repairs to sewer main.
401-010-535-620000 Capital - Buildings
07/18/2013 Change scope WW treatment Plant Renovations Baskerville Donovan
07/18/2013 Change in Scope - WW treatment Plant Renovations- Baskerville Donovan
401-010-535-630800 Capital - Force Main
07/18/2013 Change scope WW treatment Plant Renovations Baskerville Donovan
From 401-010-535-990000
From 401-010-535-990000
From 401-010-535-630800
From 401-010-535-990000
To 401-010-535-620000
401-010.535-631000 Capital - Collection System
04/22/2013 Accelerated timeframe for sewer manholes to 3 years from 4 years. No FY13 Funds. From 401-010-535-990000
401-010-535-631300 Capital - Reuse Install
07/18/2013 Change in Scope - Lift Station #1 Improvements- Hinterland
401-010535-990000
02/15/2013
04/22/2013
08/11/2013
07/18/2013
07/18/2013
Contingency
Wastewater Impact Fee Update Study per FS 163.31801.
Accelerated timeframe for sewer manholes to 3 years from 4 years. No FY13 Funds.
Madison Ave emergency repairs to sewer main.
Change in Scope - WW treatment Plant Renovations- Baskerville Donovan
Change in Scope - Lift Station #1 Improvements- Hinterland
403-018-538-330000 Professional Services
07/29/2013 Cover payment to Berryhiil Group SRF Funds.
403-018-538-990000 Contingency
07/29/2013 Cover payment to Berryhlll Group SRF Funds.
Page 3
From 401-010-535-990000
To 401-010-535-340000
To 401-010-535-631000
To 401-010-535-462200
To 401-010-535-620000
To 401-010-535-631300
From 403-018-538-990000
To 403-018-538-330000
$ 1,200
$ 29,507
$1,599.500
$ 285.200
$ 285.000
$ 853,398
$ 3,000
$ 253.708
$ 29,278 $ 29,276
p S 29.2761
$ 21,500 $ 22,700
$ 22.7001
$ 41,619 $ 71,126
S 71.126 1
$ 41,500 $ 41,500
$ 83,500 $ 125,000
I 8 125.0001
$ (41,500) $ 1,558.000
8 1.558.000 1
$ 71,786 $ 358,986
1 S 356.986 1
$ 85,000 $ 350,000
$ 350.000
$ (21,500) $ 831,898
$ (71,786) $ 760,112
$ (41,619) $ 718,493
$ (83,500) $ 634,993
$ (85,000) $ 549,993
1 $ 549.993 1
$ 9,000 $ 12,000
p S 12.0001
$ (9,000) $ 244,708
1 $ 244.708
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
Item No. 7
Subject: Ordinance No. 14-2013, amending Sections 2-66 and 2-68 of the City Code
related to Public nput & Participation at City Council Meetings; providing that the City
Council shall establish a policy affording members of the public a reasonable
opportunity to be heard during City Council Meetings consistent with applicable law;
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code, severability and an effective date, second reading,
Department: Legislative
Summary: Code of Ordinance Sections 2-66 (f) & (g) and 2-68 outline the Council's
current rules of procedure related to public participation. The adoption of S.B. 50, by
the Florida Legislature, codified at Section 284.0114, Florida Statutes, requires that the
public be given a reasonable opportunity to be heard on a proposition before a board or
commission.
Council adopted Resolution No. 2013-24 at the City Council Meeting of October 15,
2013; this established a new public participation policy and applies to the City Council,
as well as all City Boards and Committees. Ordinance No. 14-2013, attached, is
necessary to conform to Florida Statutes Section 284.0114.
Ordinance No. 14-2013 was approved at first reading on October 15, 2013. The Notice
of Public Hearing was advertised in Florida Today on October 24, 2013.
Submitting Director: Angela Apperson
Attachment: Ordinance No, 14-2013
Date: 10/29/13
Financial Impact: Cost of Ordinance/agenda item preparation, advertisement and
Codification.
,) II
Reviewed by Finance Director: John DeLeo , Date: () »i
The
The City Manager recommends that City Council ake the following actions:
Approve Ordinance No. 14-2013 on second reading.
Approved by City Manager: David L. Greene Date: 11/9
City Council Action: [ ] Approved as Recommended ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 14-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
SECTIONS 2-66 AND 2-68 OF THE CITY CODE RELATED
TO PUBLIC INPUT & PARTICIPATION AT CITY
COUNCIL MEETINGS; PROVIDING THAT THE CITY
COUNCIL SHALL ESTABLISH A POLICY AFFORDING
MEMBERS OF THE PUBLIC A REASONABLE
OPPORTUNITY TO BE HEARD DURING CITY COUNCIL
MEETINGS CONSISTENT WITH APPLICABLE LAW;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Legislature of the State of Florida adopted S.B. 50, codified at Section
284.0114, Florida Statutes, which became effective on October 1, 2013; and
WHEREAS, Section 284.0114, Florida Statutes, provides that members of the public
shall be given a reasonable opportunity to be heard on a proposition before a board or
commission, which includes the City Council; and
WHEREAS, in light of this new legislation, the City Council desires to amend the City
Code with respect to certain rules and procedures applicable to public input during City Council
meetings; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be 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:
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. Amendment to Section 2-66 and 2-68, City Code. Sections 2-66 and 2-
68 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows
(underlined type indicates additions and sti keotrt type indicates deletions, while asterisks (* * *)
City of Cape Canaveral
Ordinance No. 14-2013
Page 1 of 4
indicate a deletion from this Ordinance of text existing in Sections 2-66 and 2-68. It is intended
that the text in Sections 2-66 and 2-68 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
Sec. 2-66. - Consideration of matters before council.
* * *
(f) The city council shall establish, by resolution. policies and procedures affording
members of the public a reasonable opportunity to be heard during city council meetings
consistent with applicable law. Any „1 1111\ lw1'CJ 1J41ty tJ1 L JL 1t .t the me t;.1g
rlluy „lolly1 r„�ytion-tl.„ r1.. ;J;11Y1�1' , ccr to aJ1�..J� tll. .,�11 �}y.y1�,r
V V11J1JV1VJ Ly tlaL. V.t� VVNll\.11. 1�11111JJ1V11 lila)' LV �l alltVJ Vll1, allVf 4 Jll„YY 1118 that -the
JLLLJ VVt 111�f LtVo L11�r1 1J 1V1VY411t tV t1l. LLLJlll\.JJ N11IJVI VV11JiJVlatlVll 41161 r11J J1�11111V0111t1y
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1J J1.1Va1\lll� aJ Cal. c /Java14_J 19J1VJVl11.41.1YV, JNVl,./V1J'Vll Jllall aIJV i Y1JL, til,, L:„LL11V11 „f
t11V 1lLalllV V1 t11V rlL 1JVll, 6l„.1y, L.J111L.JJ, LVI.Ie. 1V�/f VJVII`V
(g) Each person addressing the council shall be required to speak from the podium or
at such other city designated speaker location; and shall give his or her name and address
in
an audible tone for the minutesa1/,J, ...Lao fartl.V. 11.11 L. 1J blklraVJ Ly t11.,, j,„
ll arVGNJ,w J1V VV11l�V h.. IVIVY add. IJJNV 114;64.A.1 1%.41.1.11,o6 aJJ1t1V1141 VV11Jl NL.1C1L1V11 L,
thee„1.111V11, 6111411 11111fl 11:6 V1 111.1 «JJ1,,66 t„ f Y V .111114%L .s. No person other than
councilmembers and the person having the floor shall be permitted to enter into any
discussion either directly or through a member of the council without the permission of
the presiding officer. No question shall be asked of councilmembers, the city manager,
city attorney, or staff except through the presiding officer. Councilmembers, the city
manager, city attorney, and staff are not required to respond directly to persons
addressing the council, but may respond in the discretion of the council or as required by
law.
***
Sec. 2-68. - General Discussion.
Every regular meeting of the city council shall include a period of time, which shall
occur during the public input portion of the meeting, }imit...1 L. L,11„-.4114. t,,. 11L,::. for the purpose
of a question -and -answer session during which any person from the audience may direct
questions concerning city business or affairs to any member of the council or officer or official
of the city. The limitations and requirements set forth in section 2-66 shall apply. In addition, the
following other requirements shall apply:
City of Cape Canaveral
Ordinance No. 14-2013
Page 2 of 4
(a) If it appears that a matter presented by a speaker during general discussion is
administrative in nature, and the question or matter raised can be adequately answered or
addressed by the city manager or administrative staff, the city council may request, upon
consensus or proper motion and majority vote, that the speaker refer the matter to the city
manager or his designee during normal city business hours. If such a referral is made by
the city council, the speaker shall have no further right to present that matter at the
meeting. if the speaker is not adequately satisfied by the city's administrative staff upon
proper referral, the speaker shall have the right to bring the matter in question before the
city council during the general discussion portion of any subsequent regular city council
meeting.
(b) The city council recognizes that the general discussion portion of the meeting is
for the purpose of legitimate inquiries and discussion by the public and not for the
purpose of advancing questions, arguments or repetitious questions concerning matters
which the city council believes to be closed, privileged and confidential, or not of general
public concern to the city. Further, it is not appropriate to address quasi-judicial and
public hearing items under general discussion. The city council shall have the right
during general discussion to decline to hear any person or any subject matter upon
consensus or proper motion and majority vote by the city council.
* * *
Section 3. 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 4. 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 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 14-2013
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19thday of
November , 2013.
ROCKY RANDELS, Mayor
ATTEST:
ANGELA APPERSON, City Clerk
For Against
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading: October 15, 2013
Advertisement: October 24, 2013
Second Reading: November 19, 2013
Approved as to form and legal sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 14-2013
Page 4 of 4
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/119/2013
Item No. S
Subject: Ordinance No. 15-2013; providing for the regulation of signage; providing for
comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances;
amending the signage requirements for the AMA Economic Opportunity Overlay District;
providing for repeal of prior inconsistent ordinances and resolutions, incorporation into
the Code, severability, and effective date, first reading.
Department: Community and Economic Development
Summary: The current Cape Canaveral Sign Code was adopted by Ordinance No. 05-
2009. Through several joint City Workshops with the City Council, the Planning and
Zoning Board (P&Z Board) and Staff, a draft was adopted which included a significant
number of revisions. Much discussion centered on the height of ground signs, then -
coming technology (LED electronic signs) and the temporary signage needs of small
business owners during an increasingly uncertain economic slowdown. In the four
years since adoption of that Ordinance, Staff has observed trends, learned from
experience and discovered loopholes.
Staff observations include:
1. The Code requirement that an electronic sign be installed in a monument sign
has resulted in only one such sign (City Hall).
2. An intended incentive, an exception to the above requirement, allowing an
electronic sign cabinet in an existing ground sign provided the ground sign
reduce its height to 15 feet has resulted in only one such conversion (Christ
Lutheran Church).
3. Business owners have commented that electronic sign restrictions (type, height,
max. display time and general display restrictions) remain too onerous and
thereby preclude the investment.
4. Code Enforcement difficulties with window sign regulations were resolved by
administrative interpretations which are memorialized herein.
5. Temporary signage remains a needed/desired tool to our business community.
However, the existing regulations have frequently produced a sense of clutter
along our prime business corridor.
Attachment #1 is the Proposed Amended Sign Code:
• Provides definition for "Right-of-way" and includes a helpful graphic.
• Provides definition for "Warning Sign" and an exemption therefore.
• Provides definition for "Window Lighting" and prohibits same.
• Provides a clarifying revision for the definition of "Window sign".
• Exempts:
o Signs erected entirely within the confines of a commercial establishment,
provided they cannot be viewed from a public right-of-way,
o Warning signs.
o Temporary signs approved under an outdoor entertainment event permit.
City Council Meeting Date: 11/17/2013
Item No. S
Page 2 of 3
o Any sign erected or temporarily placed by the City or other governmental
body.
• Prohibits:
o Signs placed on fences or gates, other than warning signs; and
o All temporary signs not specifically authorized.
• Specifies that a permit is required for changes of sign faces and changes to the
name of a business on a sign.
• Authorizes the Administrator to waive permit fees for any temporary off -premise
sign for a new business.
• Modifies temporary signage regulations:
o Presents all temporary sign regulations in a simplified table format.
o Limits the number and type of temporary signs.
a Addresses sidewalk encroachment and parking space encroachment
concerns.
• Permits an electronic sign to be installed in either a monument sign (15 ft. max.
height) or a pylon sign (20 ft. max. height).
• Decreases the minimum length of time an electronic message must be displayed
from 7 seconds to 4 seconds.
• Removes temporary signs from Table 94-96-1.
• Provides for the termination through an amortization schedule of these non-
conforming signs:
o Abandoned (discontinued) signs,
o Damaged/destroyed signs,
a Signs on Redevelopment Sites,
o Pole signs (must be made into pylon signs), and
o Signs located in the visibility triangle.
• Provides an incentive to eliminate nonconforming signs. The City Manager is
authorized to waive sign permitting fees for any sign application that is filed for
purposes of eliminating or modifying a nonconforming sign and making it in full
compliance with the provisions of this chapter.
• Provides Administrator the ability to exempt legally existing nonconforming signs
from the requirements of the chapter related only to height, sign area, and
projection from the building, if the sign owner can demonstrate that the
nonconformity is within twenty (20) percent of each specific requirement.
• Allows for a Business Park/Area Multi-user sign to be erected on SR AMA and/or
Central Boulevard to provide signage for properties/businesses located along
Imperial Boulevard, Brown Circle, and Commerce Street.
The Planning & Zoning Board reviewed the proposed Sign Code revisions on May 22,
2013, July 10, 2013, August 28, 2013 and October 9, 2013. Those meetings resulted
in several revisions which are incorporated into this latest draft. The owner of the new
Beachwave store has informed Staff that he intends to challenge Staff's interpretation of
City Council Meeting Date: 11/17/2013
Item No. S.
Page 3 of 3
the definition of "window sign". He contends that these types of displays do not
constitute window signage because they do not meet the code definition of "sign" (which
states that a sign is placed 'out of doors') and are therefore unregulated. The draft
Ordinance clarifies the intent by removing the words "out of doors" from the definition of
"sign"). Staff holds that merchandise displays placed in the interior of windows, of a size
and orientation able to be viewed by the outdoor public are attention -getting devices
and thereby meet the definition of "sign" and, more specifically, "window sign". Staff
further reasons that because most window signs are indoors, they are clearly within the
scope of long-established window sign regulations. This issue was raised at the
October gth P&Z Board meeting, with the Board agreeing with the Staff interpretation
and the clarification in this revision.
The Board requested that Staff provide a notification procedure to business owners
regarding the revisions. The following methods will be utilized:
1. Staff will create a summary of revisions and post to the City website home page.
2. Notification of all Blackboard Connect subscribers with an address on the C1,
C2, and M1 corridors (N. Atlantic Ave., Astronaut Blvd., Central Blvd, imperial
Blvd., Commerce St., Brown Cir., and Center St.). The notification will direct
subscriber to the summary of revisions posted on the City website home page.
3. A City Facebook post hyperlinking to the summary of revisions posted on the City
website home page.
4. A City Hall Electronic Sign message directing viewers to the summary of
revisions posted on the City website home page.
5. A mass email to businesses which have provided email addresses to the City
(via BTR database) with an address on N. Atlantic Ave., Astronaut Ave., Central
Blvd, Imperial Blvd., Commerce St., Brown Cir., and Center St. including the
summary as an attachment.
Submitting Director: Todd Morley 111‘10\ Date: 11/07/2013
Attachments: #1 Proposed Sign Code, #2 P&Z Recommendation, #3 Ordinance No.
15-2013
Financial Impact: Staff and Legal costs to prepare sign code amendment; attend P&Z
Board Meetings, publish required advertisements and codification into the Code.
Reviewed by Financial Services Director: John DeLeo '; Date:
The City Manager recommends that City Council take tle\following action:
Approve Ordinance No. 15 -2013 at first reading.
Approved by City Manager: David L. Greene Date:fief/3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Chapter 94. SIGNS
ARTICLE I. IN GENERAL
Sec. 94-1. Definitions.
Proposed Amended Sign Code Attachment 1.
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 a5 anv method of external illumination
that is intended to draw attention to an integral decorative or architectural feature of the building and not
connected or giving the appearance of any connection to the overall signage of the project. Accent
lighting shall be reviewed in accordance with Article III of Chatter 22 of this Code.
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 or 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.
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 facade as a
roof -like structure and is supported entirely by the building without the use of ground supports.
Bag sign means any temporary sign made of cloth or other materials designed to fit over an
existing sign or structure because the copy area is in the process of being changed or repaired due to
damage.
Balloon display is any balloon anchored on private property for the purpose of advertisement.
Banner sign means any sign having the characters, letters, illustrations or ornamentation applied
to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather signs, flags and
pennants (which do not comply with the definition of flag or pennant under this chapter) but excluding
government flags for the purposes of this chapter, designated to attract attention.
Bulletin hoard means any permanent sign, not to exceed six feet, attached to a building, and
generally located at a store entrance, for purposes such as posting notices, menus, and other information,
with removable letters, words, numerals, and copy material in a non -electronic manner.
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.
Page 1 of 33
Proposed Amended Sign Code
Code enforcement board means a board established in section 2-256 et seq. to enforce this Code.
Community appearance board means a board established in section 22-36 et seq.
Construction board of adjustment means a board established in section 82-32.
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.
Dilapidated sign. shall mean a sign including its structure that is damaged, deteriorated, defaced,
abandoned, in a state of disrepair, or illegible.
Digital electronic sign. See Electronic messaging sign.
Discontinued sign shall mean any sign located on real property which has been vacant and
unoccupied for a period of ninety (90) days or more; or any sign face which advertises a service no longer
conducted or product no longer sold upon the premises where the sign is located. Such sign (face and/or
structure) shall be considered nonconforming in accordance with Article N of this Chapter.
Edge of pavement shall mean the hard -surfaced (e.g. asphalt, concrete, macadam, marl, pavers,
etc.) edge of an existing street in the right-of-way excluding the curbing.
Electric discharge tubing (neon or 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.
Electronic messaging signs shall mean a sign on which the copy changes automatically by
electronic means.
Erect means to build, construct, raise, assemble, create, paint, draw, attach, hang, place, suspend,
affix, or in any other way bring into being or establish; but it does not include any of the foregoing
activities when performed as an incident to the customary maintenance or repair of a sign.
Exempt sign means signs exempted from normal permit requirements.
Flag or pennant means the flying of individual national, state, county, city or flags of political
national origin attached to a freestanding pole, mounted on the ground or to flags attached to the facade of
a structure, limited to five in number, provided such flags shall not be used in such a way to attract
Page 2 of 33
Proposed Amended Sign Code
attention of the public for commercial purposes. Flags larger than three feet by five feet shall be
considered signs and shall be calculated as part of the maximum square footage and maximum number of
signs.
Frontage means that portion of a lot or parcel abutting a street right-of-way. For corner lots or
parcels abutting two or more street rights-of-way, frontage shall be measured only along the dedicated
street right-of-way facing the primary entrance of the principal building located on the lot or parcel.
Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are
placed in or upon the ground. Ground signs include pole, pylon, and monument signs.
Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or canopy.
Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detriment
to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or
which obstructs the visibility of any official traffic -control device or which diverts or tends to divert the
attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access
facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of
flashing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of
illumination constitutes a hazard to traffic is prohibited. Any sign which displays or incorporates into the
graphic display any depiction or simulation identical to or similar to those used for officially recognized
traffic signalization, direction or control shall be prohibited_
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.
Monument sign shall mean a ground sign which is free standing, supported solely by its own
ground -mounted base and which is not attached or fixed in any way to a building, fence or other structure,
provided that the ground mounted base is substantially equal to or greater than 50 percent the horizontal
dimension of the sign face including any cabinet or any structure within which the sign face is located and
not greater than ten feet in height. Two examples of a monument sign are as follows:
!u �,�V�,JtNi/,7X��! lIiILII llli�i"'
1. a1.1.,[ [1[1 1, 611dd11.11ii, .,.,,1
., u.. 11 i,1[. 1,i1111.,L1d 1111[1111,1
COPY AREA
..11[1.1 III[ ,d,n[111111[.1d.. i.
Noncombustible material means a material, which, in the form and thickness in which it is used,
meets any of the following:
Page 3 of 33
Proposed Amended Sign Code
(I) Materials which pass the test procedures for defining noncombustibility of elementary materials
set forth in ASTM E136; or
(2) Materials having a structural base of noncombustible materials as stated in subsection (1), 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 any other
applicable provision of the city Code, or a nonconforming sign for which a special permit has been
issued.
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. Signs commonly referred to as billboards shall be considered off -premises signs.
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.
For purposes of this definition, common areas within a duly organized homeowner or condominium
association shall be considered on premises for each individual unit or lot within said association in
recognition of any right the unit or lot owner has to use said areas under Florida law and the association's
covenants and rules.
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
perfoimance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever
outdoors.
Owner means the person owning the fee simple title to the property upon which a permit is
required.
Parapet sign shall mean a wall sign erected flush on a parapet extension of a building.
Page 4 of 33
Proposed Amended Sign Code
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.
Pole signs are signs that are supported by one or more exposed vertical supports of any shape
which are comprised of steel or other corrosive alloys. Two examples of a pole sign are:
Portable signs means signs that may be hauled or towed from one location to another, are self-
supporting, [and] are designed to be temporarily placed without a permanent base or fastening.
Projecting sign means a sign which is affixed perpendicular to any building wall and extends
beyond the building wall by more than 18 inches.
Pylon signs are signs that are supported by one or more exposed vertical supports which are
encased within a single, non -corrosive decorative cover. Non -corrosive decorative cover shall mean any
material(s) suitable for installation as a pole sign cover in accordance with industry standards of material
and workmanship, applied over and attached to the supporting poles(s), including all attachments and
fasteners thereto, which shall contain no steel or other corrosive alloys. Such pole sign cover shall have a
minimum width of 12 inches and maximum depth equal to the depth of the sign cabinet. One (1) example
of a pylon sign is:
Roof sign means any sign erected upon, against or directly above a roof or on top of or above the
parapet of a building.
Page 5 of 33
Proposed Amended Sign Code
chin' meal` a freestanding, one or two sided sign, in the shape of an. in-dar d
"V," and set upon the ground.
Scheduled event or occurrence means a singular prenlanned, temporary happening during a
particular interval of time on the site advertised. Examples of scheduled events or occurrences include a
property for sale, a coming site development, a grand opening, a retail sale, an outdoor event, and other
similar temporary events.
Shopping center or inultitenant center means a building with two or more businesses.
Sign means any surface, fabric, device or display, whether illuminated or nonilluminated,
designed to identify, announce, direct or inform, and that is placed out of doors in view of the general
public. For purposes of this chapter, the term "sign" includes all structural members.
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 rRight-of-way means property which is committed for use as a public access route land
reserved, used or to be used as a street, alley, walkway, drainage facility or other public purpose. One
example of a right-of-way:
Property line
n"Utility Polc cr,Utlity Pok
1
Utility Pole `
f 1 Siclewailk 1 1 1 1 I 1 1 1 1 1 1 1 1 SidOwa k 1
Grass shoulder
Roadway
Curb
Grass shoulder
l /Medi/ r`
Roadway
Grass shoulder Curb
1 Si lew lk 1 1 1 1 1 1 1 1
Utility Pale 1 UtaitiPiole
Property lines
The right-of-way can be thought of as
the public's space between property Iines.
In this example, the sidewalks and
utility poles are at the property lines.
Right-of-way
Page 6 of 33
// Gtass shoulder
,i 1 Sidewalk
Stop . Utility Pole
sign
to —Property lines
Proposed Amended Sign Code
Temporary signs means a sign displayed for a scheduled event or occurrence before, during or
d at a specific time and place or which is not designed or intended to
be placed permanently incluaiw for example, for rent aign;,, for Gale ai--gna, aon-a:'.
Gig:s, man gement signs, social of special event sign;,. Temporary sins include only those sins
expressly referenced in section 94-76 — Temporary Sign Table.
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.
Visibility triangle means a three-dimensional triangular space bounded on two sides by
intersection streets (measured from intersecting edges of pavement) and on the third side by a straight line
drawn between those lines at a point located 35 feet from their intersection.
,75-rtot Visibility TH,mr_k Vraoetal
!Viab7ltyTraagk C_
rammed 1 i
I cern$ Mgt] F
orptvrmrat
UUnIant
33.-0'
35'4'
Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not
more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall
signs include parapet signs and projecting signs.
Wall mural means a painting or an artistic work composed of an arrangement of color and that
displays a commercial or noncommercial message, relies solely on the side of the building for rigid
structural support, and is painted on the building. The teem excludes a painting or work placed on a
structure that is erected solely for the sole or primary purpose of signage.
Warning" siva means a sign required by law or intended to inform the viewer of danmerous and/or
restrictive conditions on the premises.
Page 7 of 33
Proposed Amended Sign Code
Window lilatinz means any source of illumination intended to illuminate or draw attention to any
display that is part of a window sign.
Window sign means illuminated and nonilluminated any signs or display affixed to. in contact
with or placed in the interior or exterior windows of a structure, and which can be viewed from the
outside of the structure.
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, 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.
(b) For purposes of this chapter, any lawful sign may display a noncommercial message in addition
to, or in lieu of, any other message. 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.
Sec. 94-3. Administrator.
The "administrator" shall be the building official unless otherwise directed by the city
manager in writing. The administrator shall also include any authorized designee of the
administrator who is charged with implementing the provisions of this chapter. If the
administrator is not the building official, the building official shall be charged with interpreting
applicable building codes and advising the administrator relative to building code issues under
this chapter.
Sec. 94-4. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
(1)
Decals affixed to and normally associated with signs painted on equipment, fuel pumps
or other types of equipment 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;
Page 8 of 33
(3)
Proposed Amended Sign Code
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;
(4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited
to one per business entrance;
(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;
(6) Window signs that do not exceed 25 percent of the total window glass area for each side
of the building or unit thereof and are placed in the upper or lower half of the window
glass area. In addition, the total square footage of the window signs located above ten feet
from grade, when added to the total 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.
Further, 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 on residential property that do not exceed six square feet and on
nonres':d-mtial prop
requirements of this chapter. Tempor r`y cigrx .. - - - . cport y that exceed 12
feet, but are less than. 32 -square feet,ky be authorized by perp t under 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.
(9) Signs held by humans.
(10) Subject to the criteria established in section 94-61, temporary, permanent, and portable
government monuments, markers, and signs located on public property.
(11) Home occupation signs pursuant to section 94-83.
(12) Subject to the criteria established in section 94-61, historical markers located on public or
private property that are part of a duly authorized local, state or federal historical
program.
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Proposed Amended Sign Code
(13) Sims erected entirely within the confines of a commercial establishment, provided they
cannot be viewed from a public right-of-way.
(14) Warning sins.
(15) Temporary signs approved under an outdoor entertainment event hermit.
(16) Any sign erected or temporarily placed by the city or other Governmental body.
Sec. 94-5. 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 Divisions 2 or 3, Article VI, Chapter 2 of this Code.
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, are prohibited on public utility poles or trees, except government banner signs
may be permitted on brackets installed on utility poles if authorized by the utility company.
(b) Obstruction of free ingress or egress; standpipes/fire escapes. No sign shall be erected,
relocated or maintained so as to obstruct free ingress to or egress from any door or fire
escape. No sign of any kind shall be attached to a standpipe or fire escape, unless the sign is
incidental to the function of the fire escape or standpipe.
(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, or do not serve a governmental
function.
(d) 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, except a sundwicli board is
permitted on commercial propArty provided it i , only displayed outside during nerma1
bus n � hcur3-ef-th2 business that is displaying the sandwich board.
Page 10 of 33
(e)
(f)
Proposed Amended Sign Code
Merchandise displays an 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.
Off -premises signs, except temporary off -premises signs that are expressly authorized by this
chapter.
(g) Wall mural. A wall mural is strictly prohibited on the exterior of any building within the city
unless the wall mural is approved under the community appearance review standards set forth
in sections 22-36 et seq.
(h) Window signs. Window signs that do not comply with sec. 94-4
(i) Ground signs with exposed metal supports including poles.
(j) Air -inflated devices.
(k) Marquee signs.
(1) Roof signs.
(m) Projecting signs, unless they comply with the provisions of section 94-79
(n) Temporary signs, unless specifically authorized under this Chapter.
(o) Flags and pennants that are not governmental in origin.
(p) [Emissions.] Signs that emit an audible sound, odor, or visible matter such as smoke or
steam.
(q) [Composition.] Signs that are made with or printed on any vegetation, curbstone, flagstone,
pavement, or any portion of the sidewalk or street except house numbers and traffic control
signs.
(r) Balloon display.
(s) Discontinued signs.
(t) Animated signs or signs of a flashing, running or revolving nature.
(u) Snipe signs.
(v) Obscene signs.
Page 11 of 33
Proposed Amended Sign Code
(w) Hazardous signs.
(x) [Signs on certain motor vehicles] Signs located or erected on an inoperable or unlicensed
motor vehicle and visible from the right-of-way or adjacent property.
(y) [Certain signs on parked motor vehicles.] 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.
(z) Dilapidated signs.
(aa) Pole signs.
(bb) Signs placed on fences or gates, other than warning suns.
ce Window lighting, except for window suns authorized by section 94-4(6).
(dd) Temporary signs, except permitted types and uses specified in section 94-76.
(ee) Any other sign, feature, or outdoor advertising display that does not comply with the
provisions of this chapter.
Sec. 94-7. Conformance.
All signs or other outdoor advertising displays erected within the city limits shall
conform to this chapter.
Sec. 94-8. Identification.
Every sign or 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
administrator.
Sec. 94-9. Wind pressure and dead load.
All signs and other outdoor advertising displays 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,
except temporary signs authorized by this chapter.
Sec. 94-11. Maintenance, notice to repair.
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Proposed Amended Sign Code
(a) All signs shall be erected, placed and maintained in a state of good and safe repair.
Damaged signs shall be 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.
(c) 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 petiitted otherwise,
and in good and safe condition.
(e) Damaged faces or structural members shall be promptly removed, repaired or replaced.
(f) Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at
all times in a safe condition.
Secs. 94-12-94-30. Reserved.
ARTICLE II. PERMITS AND INSPECTIONS
Sec. 94-31. Permit required.
(a)
Except as otherwise provided in this chapter, it shall be unlawful for any person to change a
sign face, change the name of a business displayed on a sign, alter, erect, construct, enlarge,
move, or make structural alterations to any sign within the city, or cause such to be done
without first obtaining a sign permit for each :each sign fl-orn the add. This shall not
be construed to require any permit for a change of moveable alphanumeric characters on a
sign designed for such moveable characters or a change of display on an electronic sign eepy
on a sign so long uc the sign or sign structure is not modified in any -way, Any sign which is
not specifically allowed by this chapter is prohibited.
(b) An 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 the
provisions set forth in this chapter on the date of its adoption. A new permit shall be required
for any sign when the structural configuration or electrical components are altered or when
the sign is relocated.
Sec. 94-32. Application for permit; review time limits.
(a) Application for a permit required under this chapter shall be made upon forms provided
by the building department and shall contain or have attached the information required on
Page 13 of 33
Proposed Amended Sign Code
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 infoilnation 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 will be electrically lighted, a copy of the electrical plans and
specifications for the sign shall be provided. In addition, the name and address of
the electrical contractor shall accompany the appropriate electrical permit
application.
(7) 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 which are
subject to permitting, the site plan shall show the distance from the right-of-way
and property lines, and street corner visibility calculations.
(9) For temporary signs subject to permitting under this chapter, the applicant shall
provide the naive, date and time associated with the event or activity and a time
frame for the temporary sign to come down.
(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 administrator shall grant or deny the sign permit application within 45 calendar 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 60 calendar days. For purposes of calculating the time period, the day of receipt
shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday,
the decision shall be made on the next regular business day. 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
Page 14 of 33
Proposed Amended Sign Code
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. In
addition, in cases in which the applicant has requested a variance, waiver, or other zoning
approval in conjunction with the sign application, the decision time period shall be
suspended while the applicant seeks such zoning approval. In the event that no decision is
made within 45 days following the filing of a completed application, the application shall
be deemed denied and the applicant may then appeal the decision to the construction
board of adjustment.
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 administrator 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 administrator shall forward the
application to the community appearance board for review and consideration.
(b) If, after review and investigation as required herein, the administrator determines that the
application meets the requirements contained in this chapter and determines the proposed
sign will not violate any building, electrical, and aesthetic or other adopted codes of the
city, the administrator shall issue the permit or issue the permit with conditions (which
means legal conditions existing in the City Code). 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 administrator grants an extension of time, not to exceed
three months, for good cause shown.
(c) If, after review and investigation as required herein, the administrator determines that one
or more reasons for denial exist, the permit shall be denied and the administrator 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:
(1) The application does not comply with the requirements of this chapter; or
(2) The application would violate any building, electrical, aesthetic or other adopted
codes of the city.
(d) Any person denied a building permit for signs may file as a matter of 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 this section; except, however, issues
Page 15 of 33
Proposed Amended Sign Code
decided by the community appearance board or the city council pursuant to sections 22-
36 et seq., City Code, or in conjunction with a site plan application, shall not be appealed
to the construction board of adjustment and shall be appealed under the applicable
provisions set forth in sections 22-36 et seq. and the site plan review procedures. 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 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. 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 administrator is authorized and empowered to revoke any permit issued under this
chapter 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, a
hearing before 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.
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:
Page 16 of33
Proposed Amended Sign Code
(1) In addition, fees for signs are calculated by using contract amount consistent with
the city's schedule of fees;
(2) Reinspection; and
(3) If any person commences any work before obtaining the necessary permit, all
fees shall be doubled.
(4) As an incentive to encourage the establishment of new businesses within the city.
the administrator is authorized to waive sign permitting fees for any temporary
signage application that is filed within 30 days after obtaining the businesses'
initial Business Tax Receipt issued by the city eliminate nonconforming signs,
the city manager shall be authorized .o waive sign permitting as for any sign
application that is filed for purposes of eliminating or modifying a
nonconforming sign and making it in -full e , .p1ianc-
chapter.
Sec. 94-36. Inspection by administrator.
The administrator 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 requires inspection and approval
by the administrator. Authority for and time of such inspections 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; and
(3) A final electrical inspection shall be required on all signs containing electrical
components and wiring to be connected to an electrical energy source.
(4) Other inspections as required by the adopted building code.
Secs. 94-38-94-60. Reserved
Page 17 of 33
Proposed Amended Sign Code
ARTICLE III. SIZE, LOCATION AND CONSTRUCTION
Sec. 94-61. Restrictions on placement.
(a) No sign or banner shall be suspended across any public street, avenue or alley, unless
approved by the city council in situations when the street, avenue, or alley will be closed
to vehicular traffic at the location of the sign or banner or the city council has determined
that the sign or banner will not constitute a hazardous sign or banner under the definition
set forth in section 94-1 and the provisions set forth in section 94-62.
(b) No sign 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.
(c) No sign shall be attached to any private wall, window, door, gate, fence or to any other
private structure, without the written permission of the owner or lessee and without
compliance with the provisions of 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 administrator,
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 administrator. If the order to remove is not complied with, the
administrator may remove the sign, and an assessment lien, on parity with real estate
taxes, may be filed against the property for the expense incurred in removal of the sign.
(b) Hazardous signs. The administrator 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 the
administrator 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 administrator requesting the removal of such sign, unless within that time,
the permittee or owner shall have filed with the administrator notice of his or her
intention to appeal his decision to the code enforcement board, or the administrator has
determined that exigent circumstances exist that require the immediate removal of the
sign in order to abate the public hazard. Any such sign displayed more than 48 hours after
Page 18 of 33
Proposed Amended Sign Code
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 administrator 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 the figure
[found in section] 94-1
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 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 applicable electric codes.
Sec. 94-64. Criteria and standards for measurement and placement.
(a) Area. The permitted area of ground signs 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) Conzbinations 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).
Page 19 of 33
Proposed Amended Sign Code
(d) Display of permit number. The sign permit number 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 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. The height of signs shall be measured from grade level at the
closest 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 comer 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 visibility triangle (refer to figure in
section 94-1).
(g) Size limit. No ground sign shall be supported so that the uppermost edge is more than 20
feet above the grade level from edge of street pavement. 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.
Sec. 94-65. Aesthetic requirements of signs.
The city council may adopt, by resolution or ordinance, general aesthetic requirements
which pertain specifically to signs and wall murals permitted by this chapter. Said requirements
may include form -based regulations (e.g. signage size, materials, illumination, placement,
landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable
and unacceptable signage consistent with the requirements of this chapter. Upon adoption, said
requirements shall be deemed fully incorporated into this chapter and shall have the force of law.
Secs. 94-6694-75. Reserved.
Page 20 of 33
Proposed Amended Sign Code
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temporary signs must comply with the temporary signage table below.
Temporary signage table:
Type and use
Conditions
Property for sale or lease may indicate so by use of temporary a, b. c, d, e. f. g. h. i,
signage.
Property under a development permit may indicate so by use of ab, c. d, e, f. g, h, i. 1.
temporary signage.
Temporary signage on gubernatorial, presidential. city, county and c, d, e, f, g. h, i, 1, k,
any state and federal primary Election Day and during the 30 dans
Prior to and five days after the Election Day.
Banner Sign e, g, h, 1,
Bag Sign a, e, m
(2) The following conditions shall apply to any temporary sign unless otherwise provided in the
temporary signage table set forth above.
a. The temporary signage shall be removed when the sign has fulfilled its purpose (e.g.. the
scheduled event or occurrence has concluded).
b. One temporary sign is allowed for every 150 linear feet of property frontage, or portion
thereof unless additional signage is authorized and required by state or federal law.
Individual tenant spaces for sale or lease may indicate so by use of one temporary sign for
each tenant space or unit, regardless of property frontage.
c. On residential property, no temporary sign shall exceed six square feet.
d. On nonresidential property, no temporary sign shall exceed 32 square feet.
e. The temporary sign may be double-faced (back-to-back) and only one side of a double-
faced sign shall be counted for sign area calculations.
f. The maximum height shall be four feet on residential property, or eight feet on any non-
residential property.
g_ Minimum setbacks for any part of the temporary sign structure shall be a minimum of two
feet from any right-of-way.
Page 21 of 33
Proposed Amended Sign Code
h. No part of any temporary sign shall be placed within the right-of-way or within the
visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety.
No part of any temporary sign shall be located so as to reduce any required parking area.
No part of any temporary sign shall be located in such a way that it restricts a pedestrian
way and/or sidewalk to less than forty-four (44) inches in width. Temporary signs shall be
removed and brought inside a building when there are storm warnings so as not to become
a hazard during a storm event
i. Shall be freestanding and shall not rely on any support that is not a part of the sign.
l The temporary sign shall be constructed of sturdy material such as wood, hard elastic,
vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather
elements commonly experienced within the city. Cardboard and paper -faced temporary
signs are strictly prohibited unless they are safely fastened, in their entirety , to a backing
made of material set forth in this section.
k. With property owner's consent, during gubernatorial, presidential, county and city election
years, temporary signs may be placed on Election Day and during the 30 days prior to and
five days after the Election Day.
1. A maximum of one banner sign may be erected on nonresidential property not to exceed
96 square feet, and on residential property not to exceed 12 square feet. A banner sign may
be erected for a maximum of 30 consecutive days on nonresidential property and a
maximum of 14 consecutive days on residential property one (1) time during any calendar
year. A banner sign must be securely fastened in a manner to withstand weather elements
commonly experienced in the city.
m. Bag signs shall be allowed for 180 days when the cony area of an existing ground sign n has
been damaged and is awaiting repair, when the business has vacated the property or when
the copy area is being replaced to accommodate a new or renamed business. The
administrator may grant an extension of time for good cause shown provided any
extension shall not exceed 180 calendar days.
(1) Pr- v ded the temporary sign satisfie3 all the r �. reinents of this section-, no
permit shall be required under section 91 31
(3) Temporary aigne shall be freestanding signs.
(3) Temporary sig than by removed within three days after the date upon wi4eh
(1) On residential property, no one temporary sign ;hall exceed six square feet and
the total number of temporary signs installed on any one residential property :,hall not
cneeed three. However, during gubernatorial, presidential, and city election years, the
Page 22 of 33
Proposed Amended Sign Code
three sign limitation shall n ... - - day and dung the 30 days prior to and
five days after the election day.
(5) On nonresidential property, no one temperary sign shall :mooed 32 square feet
and the total area of temporary signage installed on any nonresidential property shall sat
exceed- 96 square feet, except more than 96 square feet of sign -age may be installed as
provided in this as ton. However, during gubernatof al, presidential, and city election
years, the 96 square -foot '_imitation shall not apply an election day and during the 30 days
(6) Temporary signs may be double faced (back to baa,) and-enly one side of a
doubles faeed sign ahall be counted for sign area calculations.
(7) The nxudmuir hei
property, or eight feet an any non residential property.
(8) Minimum setbacks for any part the temporary sigh—shall be a
minimum of two feet from any right of way.
(9) No temporary sign shall be placed within the right of way. No temporary sign
shall be placed within the visibility triangle.
{�fl) The temporary aign ahall be constructed of sturdy material such as wood, hard
plastic, vinyl, inasonite or particle board of sufficient thickness so as to withstand the
weather clorr ents commonly experienced within the cit
- ... _ ..... -d unless thy er-e safely fastened, in their entirety, to
a backing made of material set forth in thin section.
(11) If the temporary sign is pror:otiag products or servicaa available
the -sign may only -be displayed dura t?:e non:
on the premises.
('a) Tn addition to the general requirements in .subsection (a), the following requirements shall
apply to the specific types of signs listed below:
{1) Araa, under development, such as shopp-ing centers, apartment:,, condominiums
and subdi vision, shall be permitted one sign not to exceed a sign ar-a of 16 square feet
on residential property and 32 square feet on nonresidential property after a building
permit is issued or site plan has been approved. In addition, each subcontractor ,hall be
allowed cn- _ . - .. . ine square foot and four feet in height.
Signs allnwad hen:under ah -all be -permitted for one year or until the building permits for
Page 23 of 33
Proposed Amended Sign Code
the area under development have expired or been r€ Iced or th.,
approval
may grant an appropriate extension(s) not to exceed the removal -date sot forth under this,
ouhsectrion. All signs must be removed from the property with a seven date of the date on
et is somp'.;:t : . . ..... _ t three months. The
primer./ contractor's licensing information shall be logib-ly drsplay�
signs located on the area under develeprrent.
propolty nett: ° :.. t, and on residential property not to exceed 12 carfare
feet. A banner -sign may . • :ximum of -30 -days on nonresidential property
and a maximum of 1-1 dad•.; en reaidontial property during any calendar year. A ban er
sign is exempt from the freestanding requirement set forth in subs=
. . .. ... (5) above, provided it i.; securely
fa,t ..3od. i-a-narncr to withstand weather elements oorranonly experienced in the city.
Ec) Bag -signs shall be -temporarily permitted for 180 calendar day period of time in cases
when -the copy area of an existing sign has been damaged and is aw
copy area is being replaced to accomodate a new or renamed :. ...-r inistrctor y
grant an extension of time for good cause shown provided any extension 3ha11 not exceed 180
alendar days:
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 six inches in height in contrasting
colors, 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 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. The display shall be posted in a manner that is consistent with the
fire and life safety industry standards for posting such emergency response displays.
Sec. 94-78. Electronic signs.
Electronic signs may be approved under this chapter provided the proposed electronic
sign satisfies the following requirements:
(a) A maximum of one electronic sign may be incorporated into a monument sign and ,,hall. not
... _ - • • _ - .. - : _ -- - d to, a pole or pylon sign. The
electronic sign must be in compliance with all applicable provisions of this chapter.
Page 24 of 33
Proposed Amended Sign Code
However, if the property cannot accommodate a -monument sign due to physi=cal :,ize,
building, and set back constraints of the property, an electronic. sign may be incorporated
int a pylon sign. Further, an electronic sign shall not be a portable or stand alone standalone
sign and shall be mounted in a permanent cabinet.
(b) The electronic sign shall no be ialalled higher than ten f: et from grade level, unless
.. ...... ..
gr- authorized by this chapter.
(Eb) The size of the electronic sign shall be limited to a maximum size equal to 32 square feet.
The maximum area of the sign shall not exceed 120 square feet. The electronic sign shall be
fully incorporated within the outer perimeter of the sign. Further, the size of the electronic
sign shall be included in the calculation for the total signage allowed for the property and the
overall size limitation for a particular sign.
(dc) The electronic sign shall be limited to display of static alphanumeric characters only.
Nonstatic Moving graphic displays of non:alphanumeric characters (such as simulations of
fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be
prohibited.
(e4)
The display time for each message containing alphanumeric characters shall be a minimum
time period of seven four (4) consecutive seconds per display, - hall change
instantaneously.
(0 Net _ . ..
exceeds 15 feet in height may be modified to incorporate an ii- ctronic sign under the
fallowing conditions:
(1)
.1)
The poi
bQ reduced in height to 15 feet or lower.
A pole sign shall be modified to a pylon sign.
of o ,;;eel 120 ;quare feet, and the size of the
electronic sign shall be limited to a rnanknu:n cite,egaal to 32 -square feet.
(1) Them
e: applicable prcaiUions of this chapter.
(ge) The electronic sign shall be set to a specific brightness level and shall electronically respond
to changing light conditions {e.g., change from day to night or to darkness related to
weather). Written certification shall be provided with the sign permit application from the
sign manufacturer that the sign has been preset to not to exceed the following light level
standard as measured in nits, as follows:
(1) Maximum daytime level at 6,000 nits.
(2) Maximum nighttime level at 500 nits.
Further, the preset light level shall be protected from end user manipulations by password
protected software or other acceptable methods.
(ht) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a
maximum light level of 500 nits, or the sign shall be made inactive until the sign is repaired.
Page 25 of 33
Proposed Amended Sign Code
Sec. 94-79. Projecting signs.
A projecting sign shall be permitted provided the following minimum standards are
satisfied:
(a) It shall not be larger than six feet in its greatest dimension.
(b) It shall not encroach into a required building setback by more than three feet.
(c) The lowest portion of the sign shall be at least seven and one-half feet above
grade.
(d) It shall not project into a vehicular pathway.
(e) It shall not extend above the eave or parapet line of the building wall on which it
is affixed.
Sec. 94-80. Off -premises signs.
No off -premises sign shall be erected in the city, except temporary off -premises signs
may be permitted in accordance with section 94-81. Any off -premises sign erected in violation of
this section shall be removed within 48 hours of notice to the sign owner and property owner.
However, temporary off -premises signs erected in violation of this section shall be removed
immediately. 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. The city shall also have the right to impose an
assessment lien, on parity with real estate taxes, on the property for any removal expenses
incurred by the city to remove the unlawful off -premises sign.
Sec. 94-81. Temporary off -premises signs.
(a) Temporary off -premises signs may be erected upon issuance of a permit by the
Administrator, provided the temporary off -premises sign(s) meets the following
conditions:
(1) The activity or place so displayed or promoted on the sign will occur or be
located within the jurisdictional boundaries of the city.
(2) The property owner on which the sign will be erected has consented to the
placement of the sign.
(3) The tvne, use, size, height, and placement of the sign shall comply with the
requirements set forth in section 94-76 for temporary on -premises signs.
(4) No sign shall be erected on or within any right-of-way or within the visibility
triangle.
(b) Any permit issued under this section shall have a maximum duration of 15 calendar days.
Further, a maximum of one permit shall be issued per activity or event being displayed on
the sign. In addition, there shall be a four -permit limitation per calendar year for any
particular location within the jurisdictional boundaries of the city.
Page 26 of 33
Proposed Amended Sign Code
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 wall signage area.
Sec. 94-83. Home occupation signs.
A home occupation sign that is nonilluminated and does not exceed two square feet in
area concerned shall be allowed 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.
Sec. 94-84. Ground signs.
Ground signs shall be required to meet the criteria and standards set forth in section 94-
64 and other applicable provisions of the City Code.
Sec. 94-85. Variances.
(a) The -administrator may gram, up - - - . :11" y owner—, a vcriancc to any at
h in this chapter, provided the administrative variance does not cause a
sa€etyka-zard to parsons or property, anus?, a violation of other appli Bbl: pr
(b) A variance may be granted for any height, location, or size requirement under this chapter
pursuant to the variance procedures set forth in chapter 110, article II.
Secs. 94-86-94-95. 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.
Page 27 of 33
Proposed Amended Sign Code
Sec. 94-98. R-3 medium density residential district.
(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 peilliitted 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 multitenant center in any district.
Signs are permitted for shopping centers or multitenant centers in any district as listed in
table 94-96-1.
Table 94-96-1 District Restrictions
Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1
Temporary On- Per Section 94- Per Section 94- Per Section 94- Per Section 94 -
Premises Sign 76 76 76 76
Temporary Off- Per Section 94- Per Section 94- Per Section 94- Per Section 94 -
Premises Sign 81 81 81 81
Max. area 6 s.f. 6 s.f. 6 s.f. 32 s.f.
Max. height 4' 4' 4' 8'
Areas under
development
mal
May. no. -1 -1- 4- 4 -
Max. arca 16 s.f. 16 s.f. 16 s.f. 32 s.f.
Ma-x,height 4 4 4 -81
b. Per
subcontractor
Max,area 4--s. f. 9 s7C 9- s-rf: 9--0,
MaK. height 4 4 4 4
Home Max. no. 1 1 1 1
occupation
Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f.
Ground Max. no. Prohibited 1 per street 1 per street I per street
frontage/per frontage/per frontage
access entrance access entrance
Max. 2 signs max. 2 signs
Max area 32 s.f. 32 s.f. One s.f. per
lineal ft. of
property
frontage up to a
max. of 150 s.f.
Page 28 of 33
Wall
Max. height
Max. width
Max. no.
Max. area
Banner Signs Max. no.
Max. area
Electronic Signs Max. no.
Max. area.
Wall mural
Proposed Amended Sign Code
. 8'
25'
Prohibited 1
1
12 sq. ft.
n/a
n/a
Prohibited
Secs. 94-101-94-104. Reserved.
Sec. 94-105. Enforcement.
One s.f per
lineal foot of
building wall
that the sign is
on
1
12 sq. ft.
n/a
n/a
Prohibited
unless approved
per 94-6(g)
8'
25'
1
One s.f. per
lineal foot of
building wall
that the sign is
on
1
12 sq. ft.
n/a
n/a
Prohibited
unless approved
per 94-6(g)
20'
25'
2 per storefront
or structure,
provided each
structure is a
separate
business.
Parallel to street
15% of wall
height (x) wall
width of wall
that sign is
located on: max.
160 s.f.
Perpendicular to
street, 15% of
wall height (x)
wall width of
wall that sign is
located on; max.
128 s.f.
1
96 sq. ft.
per Section 94-
78
32 sq. ft.
Prohibited
unless approved
per 94-6(g)
(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) [Unsafe signs] Should any sign be in danger of falling, or otherwise unsafe in the
opinion of the code enforcement officer or the administrator, the owner thereof, or person
maintaining the sign, shall, upon receipt of written notification from the Administrator or
code enforcement officer, immediately secure the sign, cause it to be placed in good
repair or remove the sign, or shall immediately remove the sign if the administrator has
determined that exigent circumstances exist that require the abatement of a public hazard.
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.
(c)
Page 29 of 33
Proposed Amended Sign Code
(d) Termination of unlawful illumination. Upon receipt of written notification by the code
enforcement officer or administrator that a sign is illuminated in violation of this chapter
or other provisions of the City Code regulating spillover lighting, the owner, owner's
agent, or person in control of the premises, shall immediately terminate the prohibited
illumination of such sign.
Secs. 94-106--94-109 Reserved.
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:
(1) 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.
Secs. 94-11194-114. Reserved.
Sec. 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.
Secs. 94-116-94-119. Reserved.
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.
(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
Page 30 of 33
Proposed Amended Sign Code
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 ofprovisions 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. 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 of prohibition on off premises 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.
ARTICLE IV. NONCONFORMING SIGNS
Sec. 94-121. Nonconforming sins.
All signs or outdoor displays which are lawfully in existence or are lawfully erected and
which do not confonn to the provisions of this chapter are declared nonconforming signs. It is the
intent of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subiect of health, safety, and welfare as is the
prohibition of new suns that would violate the provisions of this chapter. No nonconforming
sign shall be changed, expanded or altered in any manner which would increase the degree of its
nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in Hart
to any other location where it would remain nonconforming.
(a) Termination by abandonment: Any nonconforming sign structure, the use of which as a
sign is discontinued for a period of ninety (90) consecutive days. regardless of any intent
Page 31 of 33
Proposed Amended Sign Code
to resume or not to abandon such use, shall be presumed to be abandoned and shall not
thereafter be reestablished except in full compliance with this chapter. Anv Period of such
discontinuance caused by government actions, strikes, material shortages. or acts of God.
and without any contributing fault by the nonconforming user. shall not be considered in
calculating the length of discontinuance for purposes of this subsection.
(b) Termination by damaze or destruction: Any nonconforming sign damaeed or destroyed
by any means, to the extent of fifty (50) percent of its replacement cost at the time of
beim damaeed or destroyed. shall be terminated and shall not be restored.
Termination by redevelopment: Whenever any revision or modification is made to a
building or to site improvements, which revision or modification requires the submission
of a new or substantially revised site pIan or development plan, pursuant to the Land
Development Code, all signs or sign structures on the parcel of land in question shall be
made to conform with the current requirements of this chapter. or shall be removed.
Pole Sig.ns - Termination by amortization: Any nonconfoirning pole sign existing on
[INSERT EFFECTIVE DATE] and not terminated pursuant to any other provision of this
section shall be permanently removed or modified into a pylon sign by [INSERT DATE
TWO YEARS FROM THE EFFECTIVE DATE], by the installation of a non -corrosive
decorative cover applied over and attached to the supporting pole(s) in accordance with
industry standards of material and workmanship, except, however, pole signs located
within the visibility triangle shall be permanently removed or relocated from the visibility
triangle by said date in compliance with this chapter.
(e) Repair and Maintenance. Reasonable routine repair and maintenance of a
nonconforming sign is permitted in accordance with the requirements of section 110-98
of the City Code.
(f) Incentives. As an incentive to eliminate nonconforming signs, the city manager shall be
authorized to waive sign permitting fees for any sign application that is filed for purposes
of eliminating or modifying a nonconforming sign and making it in full compliance with
the provisions of this chapter.
Sec. 94-122. — Exceptions and anneals.
Upon application filed with the Administrator, the Administrator may exempt legally
existing nonconforming signs from the requirements of this chapter related onlv to
height, sign area. and projection from the building. if the sign owner can demonstrate that
Page 32 of 33
Proposed Amended Sign Code
the nonconformity is within twenty percent (20%) of each specific requirement.
However, the sign must be brought into full compliance if it is substantially damaged.
(b) Freestanding signs that are nonconforming only with respect to the minimum required
distance from any property lines, shall be allowed to remain in the existing location
Provided that no portion of the sign is located within any publicly owned right-of-way.
visibility triangle. or utility easement and that no interference with clear sight distance
exists. and further provided that such signs are otherwise in compliance with the terms of
this chapter.
Page 33 of 33
Attachment 2
Community & Economic Development
Department
Memo
TO: Todd Morley, Community & Economic Development Director
Barry Brown, Planning & Zoning Director
FROM: Susan L. Chapman, Secretary, Planning & Zoning Board
THROUGH: R. Lamar Russell, Chairperson, Planning & Zoning Board r v Aa
DATE: October 29, 2013
RE:
Recommendation to City Council - Ordinance No. XX -2013; providing for the
regulation of signage; providing for comprehensive amendments to Chapter 94, Signs,
of the Code of Ordinances; amending the signage requirements for the AlA Economic
Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability, and effective date.
At Planning & Zoning Board meetings held on May 22nd, July 10th, September 11th, and October 9th.
2013, the Board reviewed, held discussions, and recommended changes to the proposed ordinance to
amend the City's sign code. On October 9th, 2013, the Planning & Zoning Board unanimously
recommended that City Council approve the proposed ordinance with incorporation of the Board's
recommended changes.
Attachment 3
ORDINANCE NO. 15-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR
THE REGULATION OF SIGNAGE; PROVIDING FOR
COMPREHENSIVE AMENDMENTS TO CHAPTER 94,
SIGNS, OF THE CODE OF ORDINANCES; AMENDING
THE SIGNAGE REQUIREMENTS FOR THE A1A
ECONOMIC OPPORTUNITY OVERLAY DISTRICT;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Council desires to update the City's sign code regulations in
accordance with the amendments contained herein; and
WHEREAS, through the enactment of this Ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral.
See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Council finds that the regulation of signage within the City of
Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message,
and will further the City's legitimate and substantial government interest in minimizing sight
pollution and traffic and safety hazards to persons and property; and
WHEREAS, the City Council finds that the goals of this Ordinance are content neutral
and unrelated to the suppression of free expression; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Ass 'n of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Dougla,sville, Ga., 975 F. 2d 1505 (116 Cir. 1992); and
WHEREAS, due to the its geographical location along the Atlantic Coast, the City of
Cape Canaveral is exposed to salty ocean air, which contributes to accelerated corrosion and
rusting of steel and other corrosive alloys; and
WHEREAS, many existing ground signs located in the City of Cape Canaveral are
structurally supported by exposed vertical supports comprised of steel or other corrosive alloys
which rust; and
City of Cape Canaveral
Ordinance No. 15-2013
Page 1 of 18
WHEREAS, requiring that exposed vertical supports comprised of steel and other
corrosive alloys be covered with a non -corrosive decorative cover, as required by the
amendments contained herein, is intended to improve the aesthetic appearance of ground signs
with exposed vertical supports; and
WHEREAS, the City desires, through adoption of this Ordinance, to provide for the
modernization and beautification of pole signs to enhance the properties upon which such signs
are located, to revitalize interest in local businesses, and to generally improve community
aesthetics; and
WHEREAS, the City's Planning and Zoning Board reviewed this Ordinance at several
public meetings and on October 9, 2013, recommended approval of this Ordinance to the City
Council; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, and welfare of the residents and businesses of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Chapter 94 Code Amendment. Chapter 94, Signs, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates
additions and 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 L IN GENERAL
Sec. 94-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Accent lighting means . _ - anv method of external
illumination that is intended to draw attention to an integral decorative or architectural feature of
the building and not connected or giving the appearance of any connection to the overall signage
City of Cape Canaveral
Ordinance No. 15-2013
Page 2 of 18
of the project. Accent lighting shall be reviewed in accordance with Article 111 of Chapter 22 of
this Code.
* * *
Banner sign means any sign having the characters, letters, illustrations or ornamentation
applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather
signs, flags and pennants (which do not comply with the definition of flag or pennant under this
chapter) but excluding government flags for the purposes of this chapter, designated to attract
attention.
* **
Discontinued sign shall mean any sign located on real property which has been vacant
and unoccupied for a period of ninety (90) days or more; or any sign face which advertises a
service no longer conducted or product no longer sold upon the premises where the sign is
located. Such sign (face and/or structure) shall be considered nonconforming in accordance with
Article 1V of this Chapter.
* **
Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a
detriment to traffic safety by reason of its size, location, movement, content, coloring, or method
of illumination, or which obstructs the visibility of any official traffic -control device or which
diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on
streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to
obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is
prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is
prohibited. Any sign which displays or incorporates into the graphic display any depiction or
simulation identical to or similar to those used for officially recognized traffic sianalization,
direction or control shall be prohibited.
* * *
Pole signs are signs that are supported by one or more exposed vertical supports of any
shape which are comprised of steel or other corrosive alloys. Two examples of a pole sign are:
Pylon signs are signs that are supported by one or more exposed vertical supports which
are encased within a single, non -corrosive decorative cover. Non -corrosive decorative cover
shall mean any material(s) suitable for installation as a pole sign cover in accordance with
industry standards of material and workmanship, applied over and attached to the supporting
City of Cape Canaveral
Ordinance No. 15-2013
Page 3 of 18
poles(s), including all attachments and fasteners thereto, which shall contain no steel or other
corrosive alloys. Such Hole sign cover shall have a minimum width of 12 inches and maximum
depth equal to the depth of the sign cabinet. One (1) example of a pylon sign is:
Sandwich mrd rhall mean a freestanding, one or two sided sign, in the shape of an
wed t\T," an
*
Scheduled event or occurrence means a singular preplanned, temporary happening during
a particular interval of time on the site advertised. Examples of scheduled events or occurrences
include a property for sale, a coming site development, a grand opening, a retail sale. an outdoor
event, and other similar temporary events.
Sign means any surface, fabric, device or display, whether illuminated or nonilluminated,
designed to identify, announce, direct or inform, and that is placed eut of door:, in view of the
general public. For purposes of this chapter, the tens "sign" includes all structural members.
Street rRight-of-way means property which io cornmittea € as a public access route
land reserved, used or to be used as a street, alley, walkway, drainage facility or other public
purpose. One example of a right-of-way:
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
City of Cape Canaveral
Ordinance No. 15-2013
Page 4 of 18
Property line
Utility Pole Utlity Pok utility Pole
1 1 Sitlewalk 1 1 l 1 1 I I I 1 1 1 Sidewalk l i
Grass shoulder Grass shoulder
Roadway
Roadway
/ median /
Grass shoulder Curb
1 SildewOlk I 11 1 i I l 1!
Utility Pok f UtilityPole
Property lines
The tight -of -way can be thought of as
the public's space between property lines.
In this example, the sidewalks and
utility poles are at the property lines.
Right -of way
Grass shoulder
' I I
Stop
sign
Sidewalk
cUtility Pole
of—Property lines
0.
a
Ternpornry signs means a sign displayed for a scheduled event or occurrence before,
during or after an event or occurrence :,ci du1od at a Upoei-fic time an pl-ae-e- which is not
designed or intended to be placed pe,*uianently incl Sive for example, for rent argns, f �-sa1e
conatruction signs, real estate signs, management signs, social or special z. -,,vont signs.
Temporary signs include only those signs expressly referenced in section 94-76 - Temnorary
Sign Table.
Warning sign means a sign required by law or intended to inform the viewer of
dangerous and/or restrictive conditions on the premises.
Window lighting means any source of illumination intended to illuminate or draw
attention to any display that is part of a window sign.
Window sign means - any signs or display affixed to, in
contact with or placed in the interior or exterior windows of a structure, and which can be viewed
from the outside of the structure.
City of Cape Canaveral
Ordinance No. 15-2013
Page 5 of 18
* **
Sec. 94-4. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
* * *
(7) Temporary signs on residential property that do not exceed six square feet -a 4i en
nom eoidcntial property that do not exceed 12 square feet, provided the signs meet the
property that exceed 12
feet, but are less -than 32 square feet, may be -a2
* * *
(13) Signs erected entirely within the confines of a commercial establishment,
provided they cannot be viewed from a public right-of-way.
(14) Warning signs.
(15) Temporary signs approved under an outdoor entertainment event permit.
(16) Any sign erected or temporarily placed by the city or other governmental body.
* **
Sec. 94-6. Prohibited signs and features.
The following signs and features are strictly prohibited:
* * *
(d) 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, except a
sandwich board is p n.itt-ed-on eonurtereial property provided it is only displayad outside
dig normal buoiness hours of the buainaas that is displaying the sandwich board.
* * *
(bb) Signs placed on fences or gates, other than warning signs.
(cc) Window lighting, except for window signs authorized by section 94-4(6).
(dd) Temporary signs, except permitted types and uses specified in section 94-76.
City of Cape Canaveral
Ordinance No. 15-2013
Page 6of18
(ee) Any other sign, feature, or outdoor advertising display that does not comply with
the provisions of this chapter.
ARTICLE II. PERMITS AND INSPECTIONS
Sec. 94-31. Permit Required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to
change a sign face, change the name of a business displayed on a sign, alter, erect,
construct, enlarge, move, or make structural alterations to any sign within the city, or
cause such to be done without first obtaining a sign permit for each such sign from the
administrator. This shall not be construed to require any peunit for a change of moveable
alphanumeric characters on a sign designed for such moveable characters or a change of
display on an electronic sign copy on a sign so long as the sign or sign structure is not
modified in any way. Any sign which is not specifically allowed by this chapter is
prohibited.
Sec. 94-35. Fees.
Permit and inspection fees for the erection, alteration or relocation of a sign, exclusive of
any costs for an electrical permit, shall be set forth in appendix B, schedule of fees, to this Code
and shall include fees for the following:
(4) As an incentive to encourage the establishment of new businesses within the city.
the administrator is authorized to waive sign permitting fees for any temporary signage
application that is filed within 30 days after obtaining the businesses' initial Business Tax
Receipt issued by the city eliminate nonconforming cign3, the --city managor shall be
a*thorized to waive sign permitting fce fer eny c br c :: ' od for purposes
of eliminating or modifying a r o o., 'ormi - .. .-.pliame with
the provisions of this chapter.
ARTICLE III. SIZE, LOCATION AND CONSTRUCTION
City of Cape Canaveral
Ordinance No. 15-2013
Page 7 of 18
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temporary signs must comply with the temporary signage table below.
Temnorary signage table:
Tyne and use Conditions
Property for sale or lease may indicate so by use of temporary a, b. c, d, e, f, g, h,
signage.
Property under a development permit may indicate so by use a. b, c, d, e, fg, h, i, j,
of temporary signage.
Temporary signage on gubernatorial. presidential, city, county, cd, e. f, g. h, i.i k
and any state and federal primary Election Day and during the
30 days prior to and five days after the Election Day.
Banner Sign e. g, h. I,
Bag Sign
a,e,m
(2) The following conditions shall apply to any temporary sign n unless otherwise
provided in the temporary signage table set forth above.
a. The temporary signage shall be removed when the sign has fulfilled its purpose (e.g.,
the scheduled event or occurrence has concluded).
b. One temporary sig n is allowed for every 150 linear feet of property frontage, or
portion thereof unless additional signage is authorized and required by state or federal
law. individual tenant spaces for sale or lease may indicate so by use of one temporary
sign for each tenant space or unit, regardless of property frontage.
c. On residential property, no temporary sign shall exceed six square feet.
d. On nonresidential property, no temporary sign shall exceed 32 square feet.
e. The temporary sign may be double-faced (back-to-back) and only one side of a
double-faced sign shall be counted for sign area calculations.
f. The maximum height shall be four feet on residential property, or eight feet on any
non-residential property.
g_ Minimum setbacks for any part of the temporary sign structure shall be a minimum of
City of Cape Canaveral
Ordinance No. 15-2013
Page 8 of 18
two feet from any right-of-way.
h. No Hart of anv temporary sign shall be placed within the right-of-way or within the
visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety.
No part of any temporary sign shall be located so as to reduce any required parking area.
No part of any temporary sign shall be located in such a way that it restricts a pedestrian
way and/or sidewalk to less than forty-four (44) inches in width. Temporary signs shall
be removed and brought inside a building when there are storm warnings so as not to
become a hazard during a stor n event
i. Shall be freestanding and shall not rely on any support that is not a part of the sign.
The temporary sign shall be constructed of sturdy material such as wood, hard plastic,.
vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather
elements commonly experienced within the city. Cardboard and Paver -faced temporary
s gns are strictly prohibited unless they are safely fastened, in their entirety , to a backing
made of material set forth in this section.
k. With property owner's consent, during gubernatorial, presidential, county and city
election years, temporary signs may be placed on Election Day and during the 30 days
Prior to and five days after the Election Day.
1. A maximum of one banner sign may be erected on nonresidential property not to
exceed 96 square feet, and on residential property not to exceed 12 square feet. A banner
sign may be erected for a maximum of 30 consecutive days on nonresidential property
and a maximum of 14 consecutive days on residential property one (1) time during anv
calendar year. A banner sign must be securely fastened in a manner to withstand weather
elements commonly experienced in the city.
m. Bag signs shall be allowed for 180 days when the copy area of an existing ground
sign has been damaged and is awaiting repair, when the business has vacated the property
or when the copy area is being replaced to accommodate a new or renamed business. The
administrator may grant an extension of time for good cause shown provided any
extension shall not exceed 180 calendar days.
(a) Temporary on premiso.i signs shall be permitted under the following conditions:
(1) Pr this iectian
no permit ahallbe r:quir-eel-ufieler section 9/ 31
(3) Temporary signs shall be removed within three days after the date upon
..cit, sign has fulfilled its purposv (e.g., the scheduled event or ecct ence
has concluded).
City of Cape Canaveral
Ordinance No. 15-2013
Page 9 of 18
(1) On residential property, no one tempt ar-y sign :shall exceed six square feet
and the total number of temporary , grx.; installed on any ane- osidential property
than not exceed three. However, during guhernatoiial, proe, 'ential, and city
election tears, the three sign limitation shall not apply on election day and during
the 30 d-ayo prior to and five days after the election day:
(5) On nonresidential property, no one t - .. _ d 32 square
feet and the total area of temporary
t, except
signage may be installed aa provided in this section. However, during
gubernatorial, presidential, and city election y ears; the 96 square foot limitation
shall not apply on election day and during the 30 days prior to and five days after
the election day.
0) Temporary signs may be double faced (hack to back) and only one side -of
a double faced sign shall be counted for sign area calculations.
e) The maximum height cf any temporary :,ign shall be four feet on
residential property, or eight feet on any non residential property.
(8) Minimum setbacks for any part of the temporary sign structure shall be a
minimum of two feet from any right of way.
(9) No temporary sign shall be placed within the right of -way. No t
sig -hall bc-placed aai-thin-t e xFsilr�lit�-
(10) The-temporezy sign shall be constructed of sturdy material such as wood,
hard pl-aati :, vinyl, ma: unite or particle board of sufficient thickness so as to
withstand the weather elements oorNmer.ly experienced within the city. Cardboard
end paper faced temporary : Fgna are atrictly—iiwohihited unless they are safely
fastened, in their entirety, to a backing r.�; de of material set forth in this section.
(11) If th mporary sig is promoting product
premises, the sign may only be display: . .
busine-s located on the premises
(b) In addition tt t • . _ - - . .. to in subsection (a), the following
requirementa shall apply to the specific types of signs listed below:
City of Cape Canaveral
Ordinance No. 15-2013
Page 10 of 18
(1) Areae ander dcvclopment, such as shopping eenters, apartits,
:d subdivisions, shall be permitted ono ;sign not to exceed a sign
area of 16 square fcct on rcriden4e al p: operty and 32 square feet on nonresidential
property after a building permit is issued or site plan has been appro e n
addition, each subcontractor chill be allowed one sign not to exceed a sign area of
nine square feet and four feat it height. Signs al-lowed hereunder :,hall be
permitted for one ear or until the buikling p
development ha{e expired or been revoked or the applicable
has c3 Aired. If the project is n-
grant an appropriate extension(s) not to exceed the removal-date-set-forth under
this cubcectian. All signs must be removed from the property within 53Y011 days of
the-date-on which the project is completed, suspended, ar abendoned for at least
three months. The prirary contractor's licensing information shall be legibly
displayed 3n at least one of the signs located on the area under development.
2) A maximum of one en Fcmiscs banner sign may be erected on
nonresidential property not to exceed 96 square feet, and 3n-ceidential property
not to exceed 12 square ft -et. A banner sign may be erected for a maximum 430
days an nonresidential property and a maximum of 11 days ori re; dential
prepe during any aa? endar year. A banner a gn-is-exempt-frem the freestanding
requirement -set -forth in subcectrin(aa(2) above and the size reatriction-set•-fferth--in
d in a manner -to
withstand v :ath`.r elements -eel -um
(3) Bag signs shall be terrtp;,rarily permitted for 1 °may period of time in
aign has been damaged and ra a 9Y ait4ng repair end
when the copy area is being replaced to accommod-ate a new ar renamed business. The
adfninistrctor may grant t3nsioa of time for good cauae shown provided any
Sec. 94-78. Electronic signs.
Electronic signs may be approved under this chapter provided the proposed electronic
sign satisfies the following requirements:
(a)
A maximum of one electronic sign may be incorporated into a monument sign
but not lited- to; ele or
pylon sign. The electronic sign must be in compliance with all applicable provisions of
this chapter. 1=1-ewc=,fcr, if the property cannot accommodate a monument sign due to
physical size, building, and set back constraints of tlx:. property, a e c onzc 3471 may be
City of Cape Canaveral
Ordinance No. 15-2013
Page 11 of 18
incorporated into a pyl3n-sib: Further, an electronic sign shall not be a portable or stand
alone standalone sign and shall be mounted in a nermanent cabinet.
(b) The electronic sign Dhall not be inoalled higher marten fect from grade level,
unless incorporated in a -pylon ,i ,�� aut.: .. .
(els) The size of the electronic sign shall be limited to a maximum size equal to 32
square feet. The maximum area of the sign shall not exceed 120 square feet. The
electronic sign shall be fully incorporated within the outer perimeter of the sign. Further,
the size of the electronic sign shall be included in the calculation for the total signage
allowed for the property and the overall size limitation for a particular sign.
(de) The electronic sign shall be limited to display of static alphanumeric characters
only. Nonstatic Moving graphic displays of non_alphanumeric characters (such as
simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon
characters) shall be prohibited.
(ed) The display time for each message containing alphanumeric characters shall be a
minimum time period of ,even four (4) consecutive seconds per display, and the message
shall change instantaneously.
Notwithstanding any contraryin this section, an existing pylon or pole
sign which exceeds 15 feet in height may be modified to incorporate an electronic sign
under the following conditions:
(1) Th
(2) A pole sign shall be modified to a pylon sign.
et or lower.
(3) The mc-xirnum ars. . - eeed 12
size of the electronic Erg: shall bo limited to a maximum size equal to 32 square
(1) The modified ,sign must be in compliance with all other applicable
provisions of this chapter.
(ge) The electronic sign shall be set to a specific brightness level and shall
electronically respond to changing light conditions (e.g., change from day to night or to
darkness related to weather). Written certification shall be provided with the sign permit
application from the sign manufacturer that the sign has been preset to not to exceed the
following light level standard as measured in nits, as follows:
(1) Maximum daytime level at 6,000 nits.
(2) Maximum nighttime level at 500 nits.
City of Cape Canaveral
Ordinance No. 15-2013
Page 12 of 18
Further, the preset light level shall be protected from end user manipulations by password
protected software or other acceptable methods.
(IAD If the electronic sign malfunctions, the message, if displayed, shall be maintained
at a maximum light level of 500 nits, or the sign shall be made inactive until the sign is
repaired.
Sec. 94-81. Temporary off -premises signs.
* **
* **
(a) Temporary off -premises signs may be erected upon issuance of a permit by the
Administrator provided the temporary off -premises sign(s) meets the following
conditions:
* * *
(3) The type, use, size, height, and placement of the sign shall comply with
the requirements set forth in section 94-76 for temporary on -premises signs.
* * *
Sec. 94-85. Variances.
(a) The adrnini±tr-at,r may grant, upon r :. , r, a variance to
any set. back requ -cmonta ,et forth in this ebaptcr, provided tic c ini ,.native variance
does not cause a safety hazard to pemons or property, cause a violation of other
.f th; applicable set back.
(b) A variance may be granted for any height, location, or size requirement under this
chapter pursuant to the variance procedures set forth in chapter 110, article II.
**
DIVISION 3. DISTRICT REGULATIONS
Table 94-96-1 District Restrictions
Type of Sign R-1 R-2 R-3 C-1, C-2 &
M-1
Temporary Per Section Per Section Per Section Per Section
On -Premises 94-76 94-76 94-76 94-76
City of Cape Canaveral
Ordinance No. 15-2013
Page 13 of 18
Sign
Temporary
Off -Premises
Sign
Areas under
development
a. Gene of
subcontractor
Home
occupation
Per Section Per Section
94-81 94-81
Max. area 6 s.f.
Max. height 4'
Max. no.
Max. area
11.1ax. height
Max. arca
Max. height
Max. no.
Max area
Ground Max. no.
Wall
Max area
Max. height
Max. width
Max. no.
Max. area
4
16 s.f.
4
2 s.f.
Prohibited
6 s.f.
4'
4
16 s.f.
4'
0 s.f.
4'
1
2 s.f.
1 per street
frontage/per
access
entrance
Max. 2 signs
32 s.f.
8'
25'
Prohibited 1
One s.f. per
lineal foot of
building wall
that the sign
is on
City of Cape Canaveral
Ordinance No. 15-2013
Page 14 of 18
Per Section Per Section
94-81 94-81
6 s.f.
4'
1-
16
16 s.f.
4
9 s.f.
4!
1
2 s.f.
1 per street
frontage/per
access
entrance
max. 2 signs
32 s.f.
8'
25'
1
One s.f. per
lineal foot of
building wall
that the sign
is on
32 s.f.
8'
4
32 s.f.
81.
0 s.f.
41
1
2 s.f.
1 per street
frontage
One s.f. per
lineal ft. of
property
frontage up
to a max. of
150 s.f.
20'
25'
2 per
storefront or
structure,
provided
each
structure is a
separate
business.
Parallel to
street 15% of
wall height
(x) wall width
of wall that
1 Banner Signs Max. no.
Max. area
Electronic Max. no.
Signs
Wall mural
Max. area.
1
12 sq. ft.
nia
n/a
Prohibited
1
12 sq. ft.
nia
n/a
Prohibited
unless
approved per
94-6(g)
1
12 sq. ft.
n/a
nia
Prohibited
unless
approved per
94-6(g)
ARTICLE IV. NONCONFORMING SIGNS
Sec. 94-121. Nonconforming sins.
sign is
located on:
max. 160 s.f.
Perpendicula
r to street,
15% of wall
height (x)
wall width of
wail that sign
is located on;
max. 128 s.f.
1
96 sq. ft.
per Section
94-78
32 sq. ft.
Prohibited
unless
approved per
94-6(g)
All signs or outdoor displays which are lawfully in existence or are lawfully erected and
which do not conform to the provisions of this chapter are declared nonconforming signs. It is
the intent of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the
prohibition of new signs that would violate the provisions of this chapter. No nonconforming
sign shall be changed, expanded or altered in any manner which would increase the degree of its
nonconformity, or be structurally altered to prolong its useful Iife, or be moved in whole or in
part to any other location where it would remain nonconforming.
(a) Termination by abandonment: Any nonconforming sign structure, the use of
which as a sign is discontinued for a period of ninety (90) consecutive days, regardless of
any intent to resume or not to abandon such use, shall be presumed to be abandoned and
shall not thereafter be reestablished except in full compliance with this chapter. Any
period of such discontinuance caused by government actions, strikes, material shortages,
or acts of God, and without any contributing fault by the nonconfoiining user, shall not
be considered in calculating the length of discontinuance for purposes of this subsection.
City of Cape Canaveral
Ordinance No. 15-2013
Page 15 of 18
(b) Termination by damaee or destruction: Any nonconforming sign damaged or
destroyed by any means, to the extent of fifty (50) percent of its replacement cost at the
time of being damaged or destroyed, shall be terminated and shall not be restored.
Termination by redevelopment: Whenever any revision or modification is made to
a building or to site improvements, which revision or modification requires the
submission of a new or substantially revised site plan or development plan, pursuant to
the Land Development Code, all suns or sign structures on the parcel of land in Question
shall be made to conform with the current requirements of this chapter, or shall be
removed.
(d) Pole Suns - Termination by amortization: Any nonconforming pole sign existing
on fINSERT EFFECTIVE DATE] and not terminated pursuant to any other provision of
this section shall be permanently removed or modified into a pylon sign by (INSERT
DATE TWO YEARS FROM THE EFFECTIVE DATE], by the installation of a non-
corrosive decorative cover applied over and attached to the supporting poles) in
accordance with industry standards of material and workmanship, except, however, Hole
signs located within the visibility triangle shall be permanently removed or relocated
from the visibility triangle by said date in compliance with this chapter.
(e) Repair and Maintenance. Reasonable routine repair and maintenance of a
nonconforming sign is permitted in accordance with the requirements of section 110-98
of the City Code.
(f) Incentives. As an incentive to eliminate nonconforming signs, the city manager
shall be authorized to waive sign permitting fees for any sign application that is filed for
purposes of eliminating or modifying a nonconforming sign and making it in full
compliance with the provisions of this chapter.
Sec. 94-122. — Exceptions and appeals.
Upon application filed with the Administrator, the Administrator may exempt
legally existing nonconforming signs from the requirements of this chapter related only to
height, sign area, and projection from the building, if the sign owner can demonstrate that
the nonconformity is within twenty percent (20%) of each specific requirement.
However, the sign must be brought into full compliance if it is substantially damaged.
(b) Freestanding signs that are nonconforming only with respect to the minimum
required distance from any property lines, shall be allowed to remain in the existing
location provided that no portion of the sign is located within any publicly owned right-
of-way, visibility triangle. or utility easement and that no interference with clear sight
City of Cape Canaveral
Ordinance No. 15-2013
Page 16 of 18
distance exists, and further provided that such signs are otherwise in compliance with the
terms of this chapter.
Section 3. Chapter 110, Article X. AlA Economic Opportunity Overlay District,
Division 7. Signage Code Amenclment._Chapter 110, Article X. AlA Economic Opportunity
Overlay District, Division 7 Signage, of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended to add the following new section as follows (underlined type
indicates additions and strikeout type indicates deletions):
Sec. 110-709. Business ParklArea Multi-user Sign. Pursuant to a Developer's
Agreement approved by Council, a multi-user sign may be erected on SR AIA and/or
Central Boulevard to provide signage for properties/businesses located along Imperial
Boulevard, Brown Circle. and Commerce Street.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 15-2013
Page 17 of 18
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2013.
ATTEST:
Angela Apperson, City Clerk
First Reading:
Legal Ad Published:
Second Reading:
Rocky Randels, Mayor
FOR AGAINST
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 15-2013
Page 18 of 18
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
Item No. 9
Subject: Ordinance No. 16-2013; amending Ordinance No. 03-2008 to repeal the
restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres,
more or less, generally located along the north side of Shorewood Drive at the
southwest corner of Jetty Park in Cape Canaveral; providing for the repeal of prior
inconsistent ordinances and resolutions; severability; and an effective date, first reading.
Department: Community and Economic Development
Summary: In March 2008, a 1.2 acre portion of the Cape Caribe Resort property was
rezoned from R-3 Residential to C-1 Commercial in order to accommodate expansion of
the pool and related amenities. With the adoption of Ordinance No. 03-2008, the use of
the 1.2 acre parcel was restricted to: 1) recreational amenities and 2) parking. Since
that time, the economy and market forces have caused Cape Caribe to reconsider
product offerings and the configuration/location of buildings on the property.
Accordingly, Cape Caribe is requesting that the restrictions on the use of this parcel be
removed so that the master plan can be revised and timeshare units located in this
area.
The requested ordinance revision will not result in additional density (more units), it
merely allows for a reallocation of units already approved per the Binding Developer's
Agreement adopted March 2010 and modified November 2011.
Submitting Director: Barry Brown\4:- i'lk'\"\ Date: 11/06/2013
Attachments: 1) Ordinance No. 16-2013, 2) Letter of Request with Ord. No. 03-2008,
and 3) Planning and Zoning Board Recommendation.
Financial Impact: Staff time and effort to prepare
enda Item.
Reviewed by Finance Director: John DeLeo Date: ///
The City Manager recommends that City Councif ake the following action(s):
Adopt Ordinance No. 16-2013, first reading.
Approved by City Manager: David L. Greene Date: // /Z1/3
City Council Action: [ ] Approved as Recommended [] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
ORDINANCE NO. 16-2013
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING ORDINANCE NO. 03-2008 TO REPEAL THE
RESTRICTIONS OF THE REZONING IMPOSED THEREIN
ON CERTAIN REAL PROPERTY TOTALING 1.2 ACRES,
MORE OR LESS, GENERALLY LOCATED ALONG THE
NORTH SIDE OF SHOREWOOD DRIVE AT THE
SOUTHWEST CORNER OF JETTY PARK IN CAPE
CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
SEVERABILITY; AND AN 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, Cape Caribe, Inc. is the current fee simple owner of record of certain real
property in Cape Canaveral, depicted and legally described in Exhibit "A," said Property being part
of the approved master site plan for the Ron Jon Cape Caribe Resort ("Property"); and
WHEREAS, the City Council adopted Ordinance No. 03-2008 on March 2, 2010, which
changed the zoning designation on the Property from "R-3 Medium Density Residential" to "C-1
Low Density Commercial," subject to certain restrictions limiting the use of the Property to
recreational amenities and parking; and
WHEREAS, Cape Caribe, Inc. desires to have the rezoning restrictions on the Property
repealed so it may pursue revisions to the Ron Jon Cape Caribe Resort master site plan to address
changes in market demand that have occurred since the restrictions were implemented; and
WHEREAS, the City Council desires to repeal the rezoning restrictions applicable to the
Property pursuant to Ordinance No. 03-2008 as set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
City of Cape Canaveral
Ordinance No. 16-2013
Page 1 of 3
Section 2. Amendment to Ordinance No. 03-2008. The City Council of the City of
Cape Canaveral hereby amends Ordinance No. 03-2008 to repeal the rezoning restrictions set forth
in Section 3 applicable to the real property depicted and legally described in Exhibit "A," attached
hereto and fully incorporated herein by this reference ("Property"). The Property shall maintain its
"C-1 Low Density Commercial" zoning classification and shall be subject to all applicable
provisions of the City Code governing said classification. City staff shall promptly amend the City's
Official Zoning Map to remove any reference to the restrictions.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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 5. 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
, 2013.
ATTEST:
ANGELA APPERSON, MMC
City Clerk
First Reading:
Legal Ad published:
Second Reading:
Rocky Randels, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 16-2013
Page 2 of 3
For Against
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 16-2013
Page 3 of 3
DE$CRIPTIO.1V.
NOT A BOUNDARY SURVEY
EXHIBIT
I A
DESCRIPTION OF EA MENT:
A portion of Core n orot Lot 1, Section 14, Tams* 24 South. Range 37 feet &ward Countx F7artdq, being mora
partteutarfy desaiDed as fcQows
Commence of the Northwest career of saki Govemma ( Let l: thence 30179'O1'E along the *bat lire of sold
Goncrvnent Lot 1, o distance of 26006 !eat to the POINT OF B1 C of Ih. heed, domed poreot thence
1,189434J'$ a distance of 243.76 leek thence SOOT4h7$ a distance 01216.99 fee , thenc, SB911i$'49'BC o dtsteam
of 239.05 dne1, to paint on the West fare of solid 1:1'ncrrvnant Lot L• thence HOt7917,111 along the lest line of said
Government Lot 1. 0 distance of 217.04 fiat to (ha POINT OF t1EGWAlWfy Contoedng ►.20 acres. more or fess
SURWYOR'S NOTES
1. IUZS IS NOTA SURVEY,
2, The bearings shown aro booed an o bearing of S012901T along the (Vest line of
Government Lot 1.
.L • Denotes o change in *action (no comer found or set).
SEE SHEET 1 OF Z FOR THE SKETCH TO ACCOMPANY MS DESCRPIKN.
SWEET OF 2
Pt:UU D BY
EN
ineering, Inc.
sa 6TOBs - coma
108 08 8 IAM IPA. BO[ 321371)
COCOA, 08801, TIL2IDl 32972-1321
TEI8PH011t (321]763-7443 Tu (381)183-598
CERIlRCA TE OF AUTHORIZATION , L8 286
1
2.
JO6 Na 980129 I 0A1E 12-07-07
SURVEYOR'S CERTIFICA7ION:
1 hereby certify that the attached Property OescrOt1an was prepared
lender my direction. In accordance wWi gpp8acbte reqvkiemrnta of IS
the V/rnhrwm Tachntcot Standards,' for land stnefnp in the Mote of
F7orlda described h Chapter 61617-6. Fiorillo Ad., +, C,,, Sado
pursuant to Chapter 472.027. Florida Statutes.
Not sella tit/Maui the slpnolorr
and the NOM, mixed sed 010
Rondo licensed serveyar and snapper.
PREPARED ANO CEP, tkFIED FOR:
MAPPER
RATION No. 4272
REALTY, INC.
at
SKETCH TO ACCQMPANY D. '$C1 T TION
NOT A BOUNDARY SURLEY
mgrozsrvermer.
ilie—Ifar ONE OF r:OVAwarENr Lor
gi
1
PdWABBD BY.
PONT OF BEDIA INC
LEN
gineering, Inc.
.0AIVAVERA.Z. PORT AUTHORITY
24476'
SUBJECT PARCEL
120 ACRES ±
S.89'43'491! . 239.08'
SVIVISTOIS - VICISEESS
108 DUIZ UM(P.O. FOX 3e1.121)
COCOAILMIA ;631-1321
=P3311(21)783-7143 faX 1)j713-522
CFRAFJCA?E OF AUTHORIZATION # LB 260
.3.
2
r
OAIB 12-07-0? I mow BY KSC
J08 NO. 980129.1 SCALE 1 .50'
CAPE CARLBE
SHEET 1 OF 2
sEr ste2T 2 OF 2 FOR DESCRlP710N,
SURVEYOR'S CERT1F1CAnON ANO SURVEYOR S N07Er£
PREPARED AND CERTIF)ED FGR
7010E REM.rr. D .
Attachment 2
Cape Caribe, Inc.
1000 Shorewood Drive, Suite 200
Cape Canaveral, Florida 32920
(p) 321.784.8093 (f) 321.784.3644
September 4, 2013
Barry Brown, Planning and Development Director
City of Cape Canaveral, Florida
PO Box 326
Cape Canaveral, FL 32920
Re: Ordinance No. 03-2008
Dear Mr. Brown:
Please allow this letter to serve as our formal request for your consideration to amend Section 3 (A) &
(C) of Ordinance No. 03-2008 (attached hereto) by removing the use restrictions of parking and
recreational amenities from the property described in Exhibit "A".
It is our desire that this request be placed on the October 23, 2013 meeting of the Planning and Zoning
board for consideration, followed by the November and December City Council meetings. Please let me
know the cost, if any, of this request at your convenience.
Thank you
Ken Ward
321.863.6189
ORDINANCE NO. 03-2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING
MAP DESIGNATION OF CERTAIN REAL PROPERTY
TOTALING 1.95 ACRES MORE OR LESS, GENERALLY
LOCATED ALONG THE NORTH SIDE OF SHOREWOOD
DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN
CAPE CANAVERAL, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM
"R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW
DENSITY COMMERCIAL"; PROVIDING FOR TILE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of
the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the owner of the Property subject to this Ordinance submitted an application
to the City seeking to have the Property rezoned from R-3 Medium Density Residential to C-1 Low
Density Commercial; and
WHEREAS, section 110-34(d) of the City Code provides that the City may approve a
rezoning subject to restrictions provided such restrictions do not confer any special privilege upon
the owners of the Property that would otherwise be denied by the City's land development
regulations in the same zoning district; and
WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
this Ordinance at the February 27, 2008 Planning and Zoning Board meeting with the condition that
a certain portion of the Property be restricted to recreational amenities and parking; and
WHEREAS, the owner of the Property consents to the use restrictions set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby finds the requested zoning change, along with
City of Cape Canaveral
Ordinance No. 03-2008
Page 1 of 4
the use restrictions set forth herein, consistent with the City of Cape Canaveral Comprehensive Plan
and that sufficient, competent, and substantial evidence supports the zoning change set forth
hereunder; and
WHEREAS, the City Council hereby fmds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Cape Canaveral, Florida.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
Section I. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Zoning Map Amendment. That the Official Zoning Map ofthe City of Cape
Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended to
include a change of classification from "R-3 Medium Density Residential" to "C-1 Low Density
Commercial District" for the real property depicted and legally described on Exhibits "A"and "B,"
which are attached and incorporated herein by this reference.
Section 3. Restrictions of Rezoning.
A. Restrictions imposed. Pursuant to the authority set forth in section 110-34(d) of the
Cape Canaveral Code of Ordinances, the City Council hereby restricts the use of the real
property depicted in Exhibit "A" ("Restricted Property") to the following:
1. Recreational amenities.
2. Parking.
Any use of the Restricted Property other than those specifically enumerated herein, shall be
prohibited.
B. Special exception for alcoholic beverages. Notwithstanding the use restrictions
imposed by this Section, nothing herein shall prohibit the owner of the Restricted Property
from submitting an application to the City for a special exception for on -premises sale,
dispensing, serving, storing or consumption of alcoholic beverages pursuant to section 110-
334(c)(6), Cape Canaveral City Code. If submitted, the City shall process the application in
accordance with law, and the application shall be subject to any applicable review criteria
set forth in the City Code. Further, nothing herein shall require the City to approve any such
special exception application.
City of Cape Canaveral
Ordinance No. 03-2008
Page 2 of 4
C. Restrictions to run with the land The restrictions imposed by this Section shall run
with the land, without regard to transfer of ownership or other interests, and may be removed
only upon further amendment to the zoning classification of the Restricted Property and this
Ordinance in accordance with the procedures set forth in the Cape Canaveral City Code.
D. ficial zoning maps to be updated. City staff is hereby directed to promptly amend
the City's Official Zoning Map upon the effective date of this Ordinance. Any such
amendment shall reference the use restrictions imposed pursuant to this Section.
Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of this
Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in the
Official Records of Brevard County, Florida.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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 the
effective date of Ordinance 02-2008 as adopted by the City Council of the City of Cape Canaveral,
Florida. If Ordinance 02-2008 does not become effective, then this Ordinance shall become null and
void.
ADOPTP by th City Council of the City of Cape Canaveral, Florida, this rd day of
March, 2-014.
c4m C:s■-•=L^Actril,
,
ROCKY RANDELS
OMayor
ATTEST: For Against
Bob Hoog Motion
4/ X11 ;; 4 #� �, Buzz Petsos X
MIA GO ' OKTJ1 ti =Pity Clerk Rocky Randels X
C. Shannon Roberts _X
Betty Walsh Second
First Reading:
Legal Ad published:
Second Reading:
March 18, 2008
February 23, 2010
March 2, 2010
City of Cape Canaveral
Ordinance No. 03-2008
Page 3 of 4
Approved as to legal form and sufficiency for
the City a averal only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 03-2008
Page 4 of 4
DE 'CHIPTION. .
NOT A BOUNDARY SURVEY
EXHIBIT
A
DESCRIPTION OF EASEMENT:
A portion of Government Lot 1, Section 14, Township 24 South, Range J7 East. Brevard County, F7oddc4 being more
portkulady described as follows:
Commence at the Northwest corner of said Government Lot 1; thence 5012901'. along the West line of said
Government Lot 1, o distance of 260.05 feet. to the POINT OF BEGINNING of the herein described parcel, thence
N69'45 43 o distance of 243.76 feet; thence 50074'17Z o distance of 216.99 feet; thence 58945'491Y. o distance
of 239.O5 feet, to a point on the West line of sold Government Lot 1: thence N0P29'011v. along the West line of sold
Government Lot 1. o distance of 217.04 feet, to the POINT OF SEG/NNWG` Containing 1.20 oeres. mare or less.
SURVEYOR'S NOTES:
1. MIS IS NOT A SURVEY.
2. The bearings shown are boxed on o bearing of 5012901"E Wong the West line of
Government Lot 1.
3. S Denotes a change in dvectian (no comer found or set).
SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY 7YIS DESCRIPTION.
SHEET 2 OF 2
PREPARED BY:
LLEN
gineering, Inc.
SURVEYORS - ENGlNEEBS
106 DIXIE IA11E (P.O. BOX 321321)
COCOA BEACH, FLORIDA 52952-1521
TELEPHONE: (921)785-7447 FAX: (921)789-5902
CERTIFICATE OF AU7HORIZAl74N >>4 LB 268
SURVE'YOR'S CERTIACA71ON:
I hereby certify that the attached Property Description ras prepared
under my d6eclion, in accordance we
ith all applicable requirements of
the "Minimum Technical Standards, for land surveying in the Stole of
Florida, described in Chapter 61017--6 Florida Ad Coda
pursuant to Chapter 472.027, Florida Statutes. W
NW valid without the signature
and the original raised seal of e
Florida lkenscd surveyor and mopper.
2.
1.
JOB 140. 980129 1 DATE: 12-07-07
WG,
PREPARED AND CERTIFIED FOR:
G B
ONAL SIAM OR 5Y
MAPPER
A REGISTRATION No. 4222
rod REALTY. UTC.
0.1
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
POINT Qr CORMENCEAW
NOR? WWEST CORNER OF GOVERNLor
FWEST LOPE OF GOVERNMENT LOT 1
8 e
POINT OF BEGINNING
PREPARED BY:
1
•CANAVERA.L PORT AUTEORTIT
N.B9'45'43 243.76'
SUBJECT PARCEL
1.20 ACRES ±
5.89'45149.V/.
LLEN
ngineering, Inc.
SURVEYORS - ENGINEERS
LOB NEE L33 (P.O. BOX 321321)
COCOA BEACH, FWRIDA 32932-13E1
TELEPHONE (921)783-7443 PAX: (32L)783-3902
CERAFlCAJE OF AUTHORIZATION # LB 266
3.
2
i.
DATE: 12-07-07 I DRAWN BY: KSC
.COB NO. 980129.4 SCALE: 1'.50'
239.05'
CAPE CARLBE
SCALE: 1.80'
0 50,0 i07A
GRAPHIC SCALE
SHEET 1 OF 2
SEE • SHEET 2 OF 2 FOR DESCRIPTION,
SURVEYOR'S CERTIACAT7ON AND SURVEYOR'S NOTES
PREPARED AND CERTIFIED FOR:
T0I E REALTY. 1NG
J
1
,
SNEER 1 OF 1
A PORTION OF
GOVERNMENT LOT 1,
SECTION 14, TOWNSHIP 24
SOUTH, RANGE 37 EAST,
BREVARD COUNTY, FLORIDA,
MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST
CORNER OF SAID
GOVERNMENT LOT 1;
THENCE RUN SO1'29'O1 "E
ALONG THE EAST UNE OF
SAID GOVERNMENT LOT 1,
500.12 FEET TO A POINT
ON THE NORTH RIGHT OF
WAY UNE OF SHOREWOOD
DRIVE; THENCE RUN
589'45'43"W ALONG SAID
NORTH RIGHT OF WAY UNE.
56.02 FEET TO A POINT
66.00 FEET PERPENDICULAR
DISTANCE TO THE
AFORESAID EAST LINE OF
GOVERNMENT LOT 1;
THENCE RUN N01'29'O1"W
PARALLEL WITH AND 66.00
FEET PERPENDICULAR TO
SAID EAST UNE OF
GOVERNMENT LOT 1, 500.12
FEET TO A POINT ON THE
NORTH UNE OF SAID
GOVERNMENT LOT 1;
THENCE RUN N89'45'43"E
ALONG SAID NORTH UNE,
66.02 FEET TO THE POINT
OF BEGINNING.
SAID LANDS CONTAINING
33,008 SQUARE FEET
(0.758 ACRES) MORE OR
LESS.
GRAPHIC SCALE
0 510 100 2G
■
( IN FEET )
1 INCH o 100 FEET
�.I
MILLER .r LEGG
raaa:tati N'; err=or... J.1:Y
4'4^3431: P2' 24Y464
..e. Tamar
z
v
2
0
0
0
D;i�ts;�, a,m.11 IS
EXHIB _
3
B
4
't; igamuita.tahl. Qum Lih
NOT PLATTED N89'45'43"E POW • GE IO NNIOF
66.02 NORTHEAST
SCORNER OF
GOVERNMENT
LOT 1
802.69' NORTH UNE OF
GOVeRNMENT LOT 1
z
0
tC
2
i
NOT PLATTED • 4
REMAINDER
66.00' —
NOT PLATTED
O
d
cry
A
O 8 2
§
NOT PLATTED
-- 88.00' --
813.57' NORTH RIGHT OF WAY UNE OF
SHOREWOOD DRIVE
o� SHOREWOOD DRIVE S89'45'4433"WW'
6682 P � WAY
8 08 34
66.02'
1. OR 3587 PG 2167
0 = CHANGE OF DIRECTION
ORM OFFICIAL RECORD BOOK
PG PAGE
cariwaate oI rmtatatuUm t_e. eeao
66.00'—
t SOW CURDY DIM TMS MIS RQ moaat
70.crx SWIM +u Sr
�� T'a /USM eoln r
i �2' i rmra+a" m mmoo. 47114
atm%TNa r wY v aataat� nal a.0.
r1
WRICIDO MO WM
IWTSZ a.�roeour =Y�'oar' 1$
JUISZO SUL Or non=
Tui MOW DCT! NOT 'MUM . oo1 o& ? iLRSYr
4N2' E !il 04-00170 1 ASKD-001
Attachment 3
Community & Ecoiioi111C Development
Department
Memo
TO: Barry Brown, Planning & Zoning Director
FROM: Susan L. Chapman, Secretary, Planning & Zoning Board Oe'
THROUGH: R. Lamar Russell, Chairperson, Planning & Zoning Board /eke
DATE: October 29, 2013
RE: Recommendation to City Council - Amending Ordinance No. 03-2008, to Remove
Restrictions on Allowable Uses in the C-1 Zoning District - Cape Caribe, Inc., Applicant
At Planning & Zoning Board Meeting held on October 23rd, 2013, the Board heard a presentation from the
applicant, reviewed and held discussion regarding the proposed ordinance, and unanimously recommended
City Council adopt the proposed ordinance, as presented.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/19/2013
Item No. /G
Subject: Approve Contract for City to purchase property located at 110 Polk Avenue in
the amount of $195,000 and authorize Mayor to execute same.
Department: Community & Economic Development
Summary: The business -condominium property is in the C1 Commercial District. It is
located immediately east of the City's Community & Economic Development building
and diagonally across the street from City Hall. The purchase of this property offers a
strategic advantage to the City by acquiring land in the vicinity of the City Hall Campus
and supporting additional flexibility in the site design and future construction of a new
City Hall.
According to Brevard County Property Appraiser records, the current owner paid
$132,000 for units 1, 2, 3, 4, and 6 on August 9, 2012; the current owner then
purchased unit 5 for $35,000 on December 19, 2012 making the total purchase price
$167,000. The property was independently appraised at $185,000. After several months
of negotiation, the owner has agreed to sell the property for $195,000.
The effective date of the Contract for Purchase and Sale is the date upon which the
Contract is approved by the City Council and fully executed by both parties.
Submitting Department Director: Todd Morley 17,4 1\
Date: 10/02/2013
Attachments: Contract for Purchase and Sale signed by Seller, Summary Appraisal
Report Excerpt, and aerial photograph.
Financial Impact: $195,000 to purchase property located at 110 Polk Avenue to be
funded by Special Purpose Investment Account (City Hall Reserve). Staff time and effort
to prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo Date: //ri/D
The City Manager recommends that City Council take,Ipe following action:
Approve Contract for City to purchase property located at 110 Polk Avenue in the
amount of $195,000 and authorize Mayor to execute same.
Approved by City Manager: David L. Greene L9 Date: /1/12..
City Council Action: [ ] Approved as Recommended [] Disapprovea
[ ] Approved with Modifications
[1 Tabled to Time Certain
CONTRACT FOR PURCHASE AND SALE
THIS CONTRACT FOR PURCHASE AND SALE ("Contract") is made by and between I i 7 MaaJB,,,
DEBORAH F. DEAN, a single woman (hereinafter referred to as "Seller"), with a principal address c - C . FL
- a and THE CITY OF CAPE Z 17 2.0
CANAVERAL, a Florida municipal corporation ("Buyer") with a principal address of 105 Polk
Avenue, Cape Canaveral, Florida 32920. For and in consideration of a valuable sum in dollars, the
premises and the mutual covenants and obligations created hereby, as well as other good and valuable
considerations, Buyer agrees to buy and Seller agrees to sell the following described real property
subject to and upon the terms and conditions set forth below.
1 / • ..
ARTICLE I - PROPERTY
The real property (the "Property") which is the subject matter of this Contract is legally
described as:
OFFICE UNITS 1, 2, 3, 4, 5, 6, and 7, CAPE CANAVERAL PROFESSIONAL
BUILDING, a Condominium as per the Declaration of Condominium thereof,
recorded in Official Record Book 2292, Page 2699, together with any
amendments thereto, of the Public Records of Brevard County, Florida.
The Property is generally located at 110 Polk Avenue, Units 1,2, 3, 4, 5, 6, and 7, Cape Canaveral,
Florida 32920.
ARTICLE II - PURCHASE PRICE
Purchase Price. The purchase price (the "Purchase Price") for the Property shall be One
Hundred Ninety -Five Thousand and no/100 Dollars ($195,000.00).
ARTICLE III — EFFECTIVE DATE; CLOSING AND CLOSING DATE
The effective date of this Contract ("Effective Date") shall be the date upon which the
Contract is approved by the City Council of the City of Cape Canaveral and fully executed by both
parties hereto. The transaction contemplated by this Contract shall be closed ("Closing"), the
Purchase Price applied to closing costs and the deed, and the exclusive possession of the Property, free
of all UC occupants,
upants, shall be delivered to Buyer at Closing. The closing date shall be on or before
0days following the Effective Date.
ARTICLE IV - TERMS AND CONDITIONS
The additional terms and conditions of this Contract are as follows:
4.1. Evidence of Title. Buyer, at Buyer's expense and within thirty (30) days from the
Effective Date, shall obtain a title insurance commitment (the "Title Commitment") to issue an
ALTA Owner's Title Insurance Policy - Form B from a title insurance company acceptable to Buyer
(the "Title Insurance Company") in the amount equal to the appraisal of the property, naming Buyer
as the proposed insured. The Title Commitment shall show good, marketable and insurable fee simple
title to the Property to be vested in Buyer, liens, encumbrances, exceptions and qualifications which
will not interfere with or impair the Property's use; exceptions permitted by the provisions of this
Contract; and those exceptions which are capable of and are actually to be discharged by Seller at or
before Closing (all other exceptions to title being deemed title defects for purposes of this contract).
Legible and complete copies of all instruments listed as exceptions to title (commonly identified as
Schedule B -II exceptions in the Title Commitment) shall be delivered with the Title Commitment. If
title is found to be defective, Buyer shall, within ten (10) days from the date it receives the Title
Commitment, notify Seller in writing to that effect specifying the defects. Seller shall have twenty
(20) days from the receipt of Buyer's notice specifying the title defects to cure the defects and, if after
said period Seller shall not have cured the defects, or if Seller shall not have progressed to a point
where the defects are certain to be remedied prior to Closing, or where the removal of such defects is
not otherwise assured to Buyer's satisfaction, Buyer shall have the option of (i) accepting the title "as
is" or (ii) terminating the Contract after which Buyer and Seller shall each be released from all further
obligations to each other respecting matters arising from this Contract.
4.2. Survey. Buyer may, at Buyer's expense, obtain a survey of the Property (the "Survey")
prepared by a licensed Florida land surveyor within the last thirty (30) days before closing, or in the
alternative, an update of an earlier survey re -dated to a point in time within the last thirty (30) days
which complies with the Minimum Standard Detail Requirements for ALTA/ACSM Land Title
Surveys adopted in 2005. If the Survey shows any encroachments onto the Property and/or
improvements located outside its boundaries or encroachments by improvements principally located
on the Property over required setback lines or over onto the property of others or onto any public right-
of-way adjacent to the Property, or if it is apparent that the Property violates existing title covenants
and/or applicable zoning laws or ordinances, Buyer shall notify Seller in writing to that effect
specifying the defects. Seller shall have until thirty (30) days from receipt of Buyer's notice specifying
the Survey defects in which to cure such defects. If after said period Seller shall not have cured the
defects, or if Seller shall not have progressed to a point where the defects are certain to be remedied at
or prior to Closing, Buyer shall have the option of (i) accepting the condition of the Property as
disclosed in the Survey in an "as is" condition, or (ii) terminating the Contract, thereupon Buyer and
Seller shall each be released from all further liabilities and obligations to each other with respect to all
matters arising from this Contract.
The parties acknowledge that upon the execution of this Contract the only available legal
description of the Property was the legal description of the Property contained within Section I of the
Contract. The survey will be by a metes and bounds description and said description shall be
incorporated into this Contract as if included herein at the Effective Date of this Contract. The survey
and legal description shall be approved by both parties prior to incorporation into the Contract. Said
approval shall not be unreasonably withheld by the parties.
4.3. Conveyance. Seller shall convey title to the Property to Buyer by Warranty Deed (the
"Deed"), subject only to: (i) taxes for the year of Closing; and (ii) matters disclosed in the title
evidence provided to and accepted or deemed accepted by Buyer.
2
4.4. Closing Affidavit. At the Closing, Seller shall furnish Buyer with an affidavit (i)
testifying to the absence of any claims, encumbrances, taxes, assessments, liens or potential lienors
known to Seller not disclosed in the Title Commitment and Deed, (ii) further attesting that there have
been no improvements to the Property by or through Seller for the ninety (90) day period immediately
preceding the date of Closing, the cost of which remains unpaid, (iii) agreeing to take no action prior
to recording the Deed which would adversely affect the title to the Property, (iv) testifying that
possession of the Property is subject only to those matters accepted by Buyer pursuant to the terms
hereof, if any, and that Seller is otherwise in exclusive, peaceable and undisputed possession of the
Property, and (v) testifying that there are no actions or proceedings now pending in any state or federal
court to which Seller is a party including, but not limited to, proceedings in bankruptcy, receivership
or insolvency, which would affect the Property, the title to the Property or Seller's ability to close on
the sale of the Property to Buyer except as disclosed in the Title Commitment. Seller shall also
famish such other evidence, affidavits or information required by the Title Insurance Company so that
the Title Insurance Company will be able to eliminate all standard exceptions from the Title
Commitment at Closing, except for taxes for the year of Closing which are not yet due or payable.
4.5. Place of Closing. Closing shall be held by express courier or at the offices of Brown,
Garganese, Weiss & D'Agresta, P.A. or such other location as is mutually agreed upon by Buyer and
Seller.
4.6. Documents for Closing. Buyer's attorney shall prepare the Deed, Seller's affidavit,
closing statement, and any corrective instruments that may be required in connection with perfecting
title.
4.7. Expenses. State documentary tax for the Deed and the cost of recording all corrective
documents needed to complete the transaction shall be borne by Seller. Buyer shall pay for the title
insurance premium, recording the Deed and all fees and expenses arising from or associated with the
simultaneous issuance of a lender's title insurance commitment and policy, if any, and any and all
endorsements to such policy required by its lender.
4.8. Prorations and Escrow Balance. Taxes and other expenses and all revenue of the
Property shall be prorated as of the date of Closing.
4.9. Proration of Taxes: Real and Personal. Taxes shall be prorated based upon the
current year's tax based on the highest discount available at Closing. If the Closing occurs on a date
when the current year's taxes are not fixed and the current year's assessment is available, taxes will be
prorated based upon such assessment and the prior year's millage. If the current year's assessment is
not available, then taxes will be prorated based on the prior year's tax; provided, however, if there are
completed improvements on the Property by January 1st of the year of Closing, which improvements
were not in existence on January 1st of the prior year, then the taxes shall be prorated to the date of
Closing based upon the prior year's millage and an equitable assessment to be agreed upon between the
parties, failing which request will be made to the county tax assessor for an informal assessment. If
the Property is assessed as part of a larger tract of land and a "cut out" is not available from the tax
3
assessor at the time of Closing, the taxes for the Property shall be estimated and prorated based upon
the ratio of the size of the Property in relation to the overall tract of which the Property forms a part,
taking into consideration matters of zoning as described in the tax assessor's records. Any tax
proration based on an estimate may, at the request of either party, be subsequently readjusted upon
receipt of the actual tax bill. This provision for reproration shall survive the Closing.
4.10. Special Assessment Liens. Special assessment liens which are certified, confirmed
and ratified as of the date of Closing are to be paid by Seller. Special assessment liens which are
certified, confirmed and ratified but payable in installments post Closing shall be paid in full by Seller
at Closing. Special assessment liens pending as of the date of Closing shall be assumed by Buyer;
provided, however, that if the improvements which form the basis for such special assessment are
substantially completed as of the date of Closing they shall be deemed to have been certified,
confirmed or ratified and Buyer shall, at Closing, be credited with an amount equal to the last estimate
of the assessment for the improvement made by the appropriate public body.
4.11. Default. If Buyer fails to perform any of Buyer's covenants set forth in this Contract,
the Deposit, if any, shall be paid to and retained by and for the account of Seller as agreed upon
liquidated damages and in full settlement of any claims whatsoever. If Seller fails to perform any of
Seller's covenants set forth in this Contract or fails to convey the Property when Seller is obligated to
do so in accordance with the terms hereof, Buyer shall have, as its sole and exclusive remedies, the
election of either (i) demanding and receiving a refund of the Deposit, if any, immediat.,ly or (ii) the
right of specific performance against Seller.
4.12. Severability. If any one or more of the provisions of this Contract is held invalid,
illegal or unenforceable, the remaining provisions of this Contract shall be unimpaired, and the
remaining provisions of this Contract shall be construed to best carry out the original intent of the
parties hereto.
4.13. Complete Agreement. This Contract evidences the complete understanding of the
parties hereto as respects the matters addressed herein. No agreement or representation, unless set
forth in this Contract, shall bind either of the parties hereto.
4.14 Notices. Notices to Seller and Buyer shall be deemed delivered (i) when hand
delivered, or (ii) one (1) business day following delivery to an express delivery courier, such as
Federal Express, or (iii) three (3) days following deposit in U.S. snail, certified, return receipt
requested. Notice shall be given to the following addresses:
To Seller:
Deborah F. Dean
701 15th Avenue, Apt. D
East Moline, Illinois 61 244
(321) 368-0061
To Buyer: City of Cape Canaveral
Attn: City Manager
4
105 Polk Avenue
Cape Canaveral, Florida 32920
(321) 868-1230
4.15. FIRPTA - Right to Withhold. Seller agrees that Buyer may deduct and withhold from
the Purchase Price provided in Article II hereof, a tax in the amount of ten percent (10%) of the
amount realized (as that term is used in Section 1445(a) of the Internal Revenue Code) by Seller
pursuant to this Contract, except upon the occurrence of either (A) or (B) below:
(A) At or prior to Closing, Seller provides to Buyer a Certificate of Non -Foreign
Status or a Non-USRPHC Statement described in and complying with Section 1445(b)(2) or
(3) of the Internal Revenue Code of 1986, as amended (the "Code") (all references to Section
or the Code include any successor provisions thereto and any Treasury Regulations
promulgated in connection thereto) and Buyer has no knowledge or notice that such Certificate
or Statement is false; or
(B) At or prior to Closing, Buyer received a withholding certificate described in
Temp. Treas. Reg. Section 1.1445-3T or Rev. Proc. 85-4] .
Buyer agrees that any amount deducted and withheld pursuant to this Section shall be remitted
to the Internal Revenue Service in accordance with Section 1445 of the Code and the Regulations
thereunder.
4.16. Environmental Status. Seller warrants and represents to Buyer that, to Seller's
knowledge, (i) the Property is free of all hazardous waste or substances except as may be permitted by
applicable law; (ii) that the Property has been operated and maintained in compliance with all
applicable environmental laws, statutes, ordinances, rules and regulations; (iii) no other release of any
hazardous waste or substances has taken place on the Property, (iv) no migration of hazardous waste
or substances has taken place from the Property which would cause the release of any hazardous waste
or substance on any adjoining lands or any other lands in the vicinity of the Property; and (v) there are
no bulk or underground tanks on or m the Property, and, no bulk or underground storage tanks have
ever been located on or in the Property.
The term hazardous waste or substances shall include those substances included within the
definitions of "hazardous substances", "hazardous materials", "toxic substances", or "solid waste" in
CERCLA, RCRA, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et Leg.,
and in the regulations promulgated pursuant to said laws or any replacement thereof; such other
substances, materials and wastes which are or become regulated under applicable local, state or federal
law, or which are classified as hazardous or toxic under federal, state, or local laws or regulations.
Seller has no notice or knowl edge of the on-site existence of any "Endangered and Threatened
Species," flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and
Threatened Wildlife and Plants" as may be amended from time to time. Seller further warrants no
knowledge of the on-site existence of any upland conservation areas which are preserved, or may be
5
preserved, for the purposes of providing of wildlife habitat.
The provisions of this Section 4.16 shall survive the Closing or earlier termination of this
Contract.
4.17. Right of Inspection. During the term of this Contract, Buyer, its agents, employees and
representatives, may have access to the Property and the records of the Property (including those on
file with any governmental agency) at all reasonable times subsequent to the Effective Date of this
Contract with the right, at Buyer's expense, to inspect the Property and to conduct all tests and borings
thereon as Buyer, its licensed engineers, surveyors and the like shall deem reasonably necessary or
desirable to fulfill the tests and investigations contemplated by the Contract. Any entry on or to the
Property by Buyer or its authorized representatives pursuant to the provisions hereof shall be at the
risk of Buyer, and Buyer hereby indemnifies, protects, and holds Seller harmless and agrees to defend
Seller from and against any and all claims, demands, losses, damages, and liabilities (including but not
limited to personal injury and property damage claims and mechanics' or other liens), together with
related costs and expenses, including reasonable attorney fees and litigation costs, caused by Buyer or
Buyers' agents on or to the Property. In addition, Buyer shall keep the Property free from any liens
which could arise as a result of the exercise by Buyer of any of its rights hereunder. Each party shall
keep confidential the results of all financial statements, reports or other information provided to or
generated by the other party and will not disclose any such information to any person other than: (i)
those employed by Buyer or Seller, respectively; (ii) those who are actively and directly participating
in the evaluation of the Property and the negotiation in the evaluation of the Property and the
negotiation and execution of this Contract or financing of the purchase of the Property; (iii)
governmental, administrative, regulatory or judicial authorities with respect to the investigation of the
compliance of the Property with applicable legal requirements; and (iv) as required by law or court
order; provided, however, that the party required to disclose by law or court order shall immediately
give the other party notice in order to enable the other party to seek a protective order from such
disclosure. The provisions of this Section 4.17 shall survive the Closing or earlier termination of this
Contract.
4.18. WAIVER OF TRIAL BY JURY. SELLER AND BUYER HEREBY MUTUALLY,
VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A
TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS CONTRACT QR ANY AGREEMENT
CONTEMPLATED TO BE DELIVERED IN CONJUNCTION THEREWITH, OR ANY COURSE
OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR
ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR EACH
OF SELLER AND BUYER ENTERING INTO TIIIS CONTRACT.
ARTICLE V - SPECIAL CONDITIONS.
Seller has made a limited number of representations and warranties to Buyer in this Contract.
In consideration of Buyer waiving additional conditions, representations or warranties from Seller,
Seller and Buyer hereby agree as follows:
6
5.1. Condition Precedent. Buyer's obligation to close under this Contract shall be subject
to the satisfaction of the following conditions precedent enumerated below. hi the event any one of
these conditions is not satisfied for any reason whatsoever, then this Contract shall terminate, and
Buyer and Seller shall be fully relieved from all further rights and responsibilities under this Contract.
(A) The complete execution of this Contract by Seller and Buyer and the approval
of this Contract by Buyer's City Council at a public meeting conducted pursuant to section
286.011, Florida Statutes.
(B) No action, suit, proceeding, or official investigation shall have been threatened,
announced, or commenced by any person or federal, state or local government authority or
agency that seeks to enjoin, assess civil or criminal penalties against, or obtain any judgment,
order, or consent decree, with respect to either party hereto, in connection with their
respective representations and obligations under this Contract.
5.2. inspection Period. Buyer shall have until the date of Closing (herein the "Inspection
Period") in which to conduct an investigation of the Property, including, by way of illustration and not
in limitation and subject to Section 4.17: inspections as to the physical condition of the Property,
investigate the availability of utilities, status of zoning or ability to rezone, zoning codes, building
codes, physical condition and any other condition or characteristic of the Property which Buyer may
deem necessary or relevant to Buyer in purchasing the Property. Should Buyer for any reason become
dissatisfied or concerned with the result of any such investigation, search, inquiry or report as
contemplated hereby, then Buyer may, prior to the expiration of the Inspection Period, terminate this
Contract by written notice thereof to Seller. Notwithstanding anything to the contrary contained
herein, if Buyer has not terminated this Contract by written notice delivered to Seller prior to Closing,
then the Deposit (if any) shall be applicable to the Purchase Price but non-refundable, other than
pursuant to Section 5.1 hereof, except in the event of a default by Seller hereunder.
5.3. Delivery of Materials. Within five (5) days after the Effective Date of this Contract,
Seller shall deliver to Buyer copics of all existing studies, tests, environmental audits, soil borings
results, surveys, site plans, reports, plans, permits, petitions, warranties, applications, certificates,
reservations, agreements, development orders, approvals, maps, aerials and related materials in its
possession relating to the Property.
5.4. Intended Use of the Property. The parties acknowledge that Buyer intends to use the
Property for public purposes. Buyer reserves the right to make modifications to the Intended Use as
Buyer reasonably deems appropriate.
5.5. Brokerage. Both parties agree that Buyer and Seller hereby represent to each other that
neither party has dealt with or engaged a broker with respect to the transaction contemplated herein.
Each party hereby agrees to indemnify the other from and against any claim for brokerage commission
or finder's fee asserted by any other person, firrn or corporation claiming by, through or under said
ply
5.6. Seller Warranties. Buyer acknowledges that, except as expressly stated above, Seller
has made no representations or warranties, written or oral, express or implied, with respect to the
Property. During the period that this Contract is in effect, Seller shall maintain the Property in its
current condition, reasonable wear and tear excepted.
5.7. Assignment. Buyer shall have the right to assign its rights and privileges under this
Contract to any entity which controls, is controlled by or under common control with Buyer; provided,
however, that such assignment shall not relieve Buyer of any obligations hereunder.
5.8. Seller Not to Convey. Seller shall not convey any interest in the Property after the
signing of this Contract without the prior joinder or written consent of the Buyer.
5.9. Extensions of Closing Date. Buyer shall have the unilateral and absolute right to
exercise one thirty (30) day extension of the Closing Date. Buyer shall exercise the extension by
providing at least three (3) days' written notice to Seller. Any other extension shall be by mutual
agreement of the parties.
5.10. Headings: Entire Agreement: Governing Law. The headings contained in this
Contract are for reference purposes only and shall not affect in any way the meaning or interpretation
of this Contract. This Contract constitutes the entire agreement and supersedes all prior agreements
and understandings, both written and oral, among the parties with respect to the subject matter hereof,
and this Contract may be executed in separate counterparts, each of which shall be deemed an original,
and all which shall constitute one and the same instrument. This Contract shall be governed in all
respects, including validity, interpretation and effect, by the laws of the State of Florida.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year
indicated below.
Signed, sealed and delivered
in the presence of
/ n
£ /enn r v Vi?,�-e.✓�
(print name)
¶
Rpt i Y \ t (L
(print name)
8
SELLER:
DEBORAH F. DEAN, a single oman.
By:
Date: 1t1)61.1.12
Signed, sealed and delivered BUYER:
in the presence of
(print name)
(print name)
9
THE CITY OF CAPE CANAVERAL,
a Florida municipal corporation.
By:
ROCKY RANDELS, Mayor
Date:
ATTEST:
By:
ANGELA APPERSON, City Clerk
"E
CET"
A SUMMARY
APPRAISAL REPORT
OF THE
SEVEN -UNIT OFFICE CONDOMINIUM PROPERTY
LOCATED AT
110 POLK AVENUE
WITHIN THE CITY OF CAPE CANAVERAL
BREVARD COUNTY,
FLORIDA
AS OF
JUNE 1, 2013
FOR
MR. TODD MORLEY
CITY OF CAPE CANAVERAL
7510 NORTH ATLANTIC AVENUE
CAPE CANAVERAL, FLORIDA
32920
BY
CLARK A. MAXWELL, MAI, PRES.
MAXWELL APPRAISAL & CONSULTING GROUP
2525 AURORA ROAD, SUITE 105
MELBOURNE, FLORIDA
32935
Maxwell Appraisal
& Consulting
Group 2525 Aurora Road, Suite 105 Melbourne, Florida 32935 Phone: 321-253-0026
June 21,2013
Mr. Todd Morley
City of Cape Canaveral
7510 North Atlantic Avenue
Cape Canaveral, Florida 32920
Dear Mr. Morley,
In accordance. with your instructions, I have made a summary appraisal of the
seven -unit office condominium property located at 110 Polk Avenue within the
City of Cape Canaveral, Brevard County, Florida. The purpose of this appraisal
is to estimate the market value of the unencumbered fee simple interest in the
property that is legally described in the attached report.
I have inspected the property, the neighborhood and its environs and have
analyzed the market behavior and the factors present that influence real
properly value. The market has also been examined for the highest and best
use of the land.
Valuation discussions and further descriptions are detailed in the
accompanying report, which has been made subject to the assumptions and
limiting conditions therein. Particular attention should be given to the
Extraordinary Assumptions and Hypothetical Conditions stated within this
report. Market value, as used in this report, is defined in the body of the report.
This Summary Appraisal Report is intended to comply with the reporting
requirements set forth under Standards Rule 2-2{b) of the Uniform Standards of
Professional Appraisal Practice for a Summary Appraisal Report. As such, it
presents only summary discussions of the data, reasoning, and analysis that
were used in the appraisal process to develop the appraiser's opinion of value.
Mr. Todd Morley
June 21,2013
Page 2
Supporting documentation concerning the data, reasoning, and analysis is
retained in the appraiser's file. The depth of discussion contained in this report
is specific to the needs of the client and for the intended use stated below. The
appraiser is not responsible for unauthorized use of this report.
It Is my opinion that the "as is" market value of the unencumbered fee simple
interest in the subject property, as of June 1, 2013, was:
ONE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS
($185,000)
Sincerely,
&IA 4: *Lie'
Clark A. Maxwell, MAI
Cert Gen RZ920
Aerial Photograph of 110 Polk Ave.
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