HomeMy WebLinkAboutP&Z Agenda Pkt. 8-28-201372FWNTAF-01%MR9W=
City of Cape Canaveral
imunity & Economic Development Department
.ANNING & ZONING BOARD
REGULAR MEETING
CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
AUGUST 28, 2013
THE LOCAL PLANNING AGENCY MEETING AT
AGENDA
M
2. Review & Recommendation to City Council Re: 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. (Continued from
May 22nd and July 1 Oth, 2013.)
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides
to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this
meeting, that person will need a record of the proceedings, and for such purpose that person may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting.
The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to
participate in the proceedings should contact the Community & Economic Development Department (868-
1205) 48 hours in advance of the meeting.
7510 N. Atlantic Avenue -1 Post Office Box 326 e Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 0 Fax: (321) 868-1247
www.cityofcapecanaveral.org - email: info@cityofcapecanaverd.org
PLANNING & ZONING BOARD
MEETING MINUTES
JULY 10, 2013
A Meeting of the Planning & Zoning Board was held on Wednesday, July 10, 2013, at the City
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to Order at
7:00 p.m. by Vice Chairperson, Harry Pearson. The Secretary called the roll.
MEMBERS PRESENT
Harry Pearson Vice Chairperson
John Fredrickson
Ron Friedman
Bruce Collins
John Price
MEMBERS ABSENT
Lamar Russell Chairperson
OTHERS PRESENT
Susan Chapman Secretary
Kate Latorre Assistant City Attorney
Todd Morley Community & Economic Development Director
Barry Brown Planning & Zoning Director
David Sargeant Fire Chief
Planning & Zoning Director, Barry Brown announced that Board Member, Donald Dunn
resigned from the Board since the last meeting.
NEW BUSINESS
Approval of Planning & Zoning Board Meeting Minutes - June 12, 2013.
Motion by Ron Friedman, seconded by Bruce Collins to approve the Meeting Minutes of June
12, 2013. Vote on the motion carried unanimously.
2. Review & Recommendation to City Staff Re: New Fire Station Site Plan.
Planning & Zoning Director, Barry Brown gave a brief presentation and overview of the site plan
for the new fire station. He noted that due to public safety concerns not all of the required
landscaping would be provided. He advised that the City Code allows for the City Council to
waive landscaping requirements due to this type of safety concern. Discussion followed
regarding size of handicap spaces, parking lots, and landscaping.
Motion by Bruce Collins, seconded by John Price to recommend approval to City Staff, subject
to the parking lot descriptions being corrected. Vote on the motion carried unanimously.
3. Motion Re: Changing Meeting Time to 6 p.m.
The Board members held discussion regarding changing the meeting time. Barry Brown
advised that changing the meeting time to 6 p.m. would be consistent with other City Boards
and City Council meetings.
Planning & Zoning Board
Meeting Minutes
July 10, 2013
Page 2of3
Motion by Bruce Collins, seconded by John Price to change the meeting time to 6 p.m. Vote on
the motion carried by a (3) to (2) majority, with members voting as follows: Bruce Collins, for;
John Fredrickson, against; Ron Friedman, against; Harry Pearson, for; and John Price, for.
4. Recommendation to City Council Re: Ordinance No. X-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.
Community & Economic Development Director, Todd Morley advised that for the purpose of
clarification some minor changes were made to the proposed ordinance, but nothing substantial
to the sections the Board already reviewed. Vice Chairperson, Harry Pearson asked the
audience if anyone wished to discuss sections of the proposed ordinance that the Board already
reviewed. Kim Rezanka, legal counsel for Mosh Gal, property owner of Beachwave Beachwear,
provided the Board a color rendering and elevations of the new Beachwave building currently
being constructed. She cross-examined Todd Morley pertaining to proposed changes to the
existing code. Ms. Rezanka suggested that the following revisions be made to the new sign
code:
Showcase display window: Be changed to read: "10 feet in width and 10 feet in
height" to 17 feet in width and 17 feet in height; and "25 feet" to 20 feet. ADD:
The allowable square footage of the window space may be combined to allow
use of the existing configuration of windows.
2. Window Sign: Remove: "or display".
3. Section 94-4 (6): KEEP "the total window glass area for "; DELETE entire section
regarding "Seventy-five percent (75%); CHANGE: "the first story to seventeen
17 feet.
4. Provide for a variance procedure for all aspects of the sign code.
Todd Morley advised that the Beachwave building could comply with the proposed ordinance as
well as the existing code. Discussion was held regarding: showcase windows; window signage;
buildings with multiple floors and stories; window obstructions and inside display areas.
Following discussion, Todd Morley advised that Staff would come back to the Board after
considering the suggestions presented by Ms. Rezanka.
Vice Chairperson, Harry Pearson announced a five minute break at 8:03 p.m. He called the
meeting back to Order at 8:10 p.m.
The Board continued review and discussion regarding the proposed ordinance, starting on page
7, DIVISION 2 - Types of Signs, Section 94-76, Temporary on -premises signs. Board members
suggested a few changes. Further review of the proposed ordinance will be held at a
subsequent scheduled meeting, starting on page 13, Division 3 - District Regulations.
Planning & Zoning Board
Meeting Minutes
July 10, 2013
Page 3of3
There being no further business the meeting adjourned at 8:47 p.m.
Approved on this day of , 2013.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
Planning & Zoning Board Agenda Form
P&Z Board Meeting Date: 08/28/2013
Subject: Ordinance No. _-2013; providing for the regulation of signage; providing for
comprehensive amendments to Chapter 94, Signs, of the code of ordinances; amending
the signage requirements for the AlA Economic Opportunity Overlay District; providing
for repeal of prior inconsistent ordinances and resolutions, incorporation into the code,
severability, and effective date.
Department: Community and Economic Development
Summary:
Our current sign code was adopted by Ord. 05-2009. Through several joint City
Workshops with the City Council, the Planning and Zoning Board and Staff, a draft was
adopted which included a significant number of revisions. Much discussion centered on
the height of ground signs, then -coming technology (LED electronic signs) and the
temporary signage needs of small business owners during an increasingly uncertain
economic slowdown. In the four years since adoption of that Ordinance, Staff has
observed trends, learned from experience and discovered loopholes.
Staff observations include:
1. The code requirement that an electronic sign be installed in a monument sign
has resulted in only one such sign (City Hall).
2. An intended incentive, an exception to the above requirement, allowing an
electronic sign cabinet in an existing ground sign provided the ground sign
reduce its height to 15 feet has resulted in only one such conversion (Christ
Lutheran Church).
3. Business owners have commented that electronic sign restrictions (type, height,
max. display time and general display restrictions) remain too onerous and
thereby preclude the investment.
4. Code Enforcement difficulties with window sign regulations were resolved by
administrative interpretations which are memorialized herein.
5. Temporary signage remains a needed/desired tool to our business community.
However, the existing regulations have frequently produced a sense of clutter
along our prime business corridor.
Revisions to the sign code include:
• Expands several definitions, Creates definition for "Perimeter Lighting" and
prohibits same on Perimeter window signs.
• Creates definitions for "Showcase Display Window" and "Story". These are used
in regulations pertaining to window signage.
• Revises definition of "Window Sign" to include any display located inside the
viewable area of a window. Creates a limited exemption for a "showcase display
window".
Clarifies that window signs must leave at least 75% of each pane of glass clear
and visible into and through the structure, free from signage, obstructions and
displays of all types. Specifies that window signs shall not be permitted above
the first story of any occupied commercial tenancy.
P&Z Board Meeting Date: 08/28/2013
Item No.
Page 2 of 3
• Exempts:
o Showcase display windows.
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.
o Any sign erected or temporarily placed by the city or other governmental
body.
• Modifies temporary signage regulations:
o Presents all temporary sign regulations in a table format.
o Limits the number and type of temporary signs.
o Addresses sidewalk encroachment and parking space encroachment
concerns.
• Permits an electronic sign to be installed as a part of a pylon sign. Because a
pylon sign can be up to 20 ft. high, this would likely have the effect of
encouraging existing pole sign owners to convert to a 20 ft. pylon sign and add
an electronic sign cabinet.
• Decreases the minimum length of time an electronic message must be displayed
from 7 seconds to 4 seconds.
• Requires pole signs to become pylon signs.
• Requires pole signs to be removed from the visibility triangle. It doesn't make
sense to permit these pole signs to convert into a pylon signs because the
converted sign would aggravate the visibility obstruction even further. As a place
holder, we inserted a 2 year time period for the conversion or removal to occur.
• 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 A1A and/or
Central Boulevard to provide signage for properties/businesses located along
Imperial Boulevard, Brown Circle, and Commerce Street.
The Planning & Zoning Board began review of the proposed Sign Code revisions on
May 22, 2013 and continued the review on July 10, 2013. At the July 10th meeting,
discussion began with the topic of "window sign" exemption regulations, with Attorney
Kim Rezenka providing suggested revisions. The P&Z Board requested that Staff
continue work on this section of the code and return with a recommendation. Staff has
subsequently been in discussion with Ms. Rezenka and reviewed several options.
These discussions have been helpful and a reasonable and practical solution appears
to be developing. However, as of the time of this agenda, Staffs work on this section is
not complete. Staff requests that the P&Z Board continue review of the remaining
portion of the Ordinance.
P&Z Board Meeting Date: 08/28/2013
Item No.
Page 3 of 3
Other progress made on July 10th:
• Sec. 94-76(2)(k), revise as follows:
'With property owner's consent, during gubernatorial, presidential and city
election years, meted temporary signs may be placed on Election Day and
during the 30 days prior to and five days after the Election Day."
• Sec. 94-78(a), revise as follows:
Further, an electronic sign shall not be a standalone sign and shall be
mounted in a permanent cabinet."
• Sec. 94-78(c), revise as follows:
"The electronic sign shall be limited to display of alphanumeric characters only.
Non StatiG Nen Moving graphic displays of non -alphanumeric characters ...
shall be prohibited."
• Sec. 94-78(d), revise as follows:
"The display time for each message containing alphanumeric characters shall be
a minimum time period of fe+f seven consecutive seconds per display."
The Board reviewed through section 94-81 and will resume with Division 3 - District
Regulations (Table 94-96-1).
Submitting Directors: Barry Brown and Todd Morley Date:08/21/2013
Attachment: Ordinance No. -2013
Staff recommends that Planning & Zoning Board take the following action:
Recommend approval of Ordinance No. _ -2013.
ORDINANCE NO. -2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR
THE REGULATION OF SIGNAGE; PROVIDING FOR
COMPREHENSIVE AMENDMENTS TO CHAPTER 949
SIGNS, OF THE CODE OF ORDINANCES; AMENDING
THE SIGNAGE REQUIREMENTS FOR THE AlA
ECONOMIC OPPORTUNITY OVERLAY DISTRICT;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article Vill, 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 Assn of Lakeland, 414 So. 2d 1030 (Fla.); Messer v City of
Douglasville, Ga., 975 F. 2d 1505 (11 Cir. 1992); and
WHEREAS, on May 22 and , 2013, the City's Local Planning Agency held a
duly advertised public hearing on this Ordinance and recommended approval 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.
City of Cape Canaveral
Ordinance _-2013
Page 1 of 17
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1_. Rotals. 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 stkee type indicates deletions, while asterisks (***) indicate a deletion from
this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 94. SIGNS
ARTICLE I. IN GENERAL
See. 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 eleettie disehup Wbing a#whed as any method of illumination
that is intended to draw attention to an integral decorative or architectural feature of the building
and not connected or giving the appearance of any connection to the overall signage of the
project. Accent lighting shall be reviewed in accordance with Article III of Chapter 22 of this
Code.
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
siM 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 IV of this Chapter.
City of Cape Canaveral
Ordinance _-2013
of
Page 2 17
**t
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 signalizatim
direction or control shall be prohibited.
Perimeter window lighting means any source of illumination intended to illuminate or
draw attention to any display that is part of a window sign.
Sandwich board shall mean a freestanding, readily portable, one- or two-sided sign, in the
shape of an inverted "V," and set upon the ground. The sign may only be displayed during the
normal business hours of the business located on the premises.
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, aarg�nd opening, a retail sale, an outdoor
event, and other similar temporar events.
Showcase disPlay window means a window designated for the purpose of interior display
of real merchandise or goods available on the premises. One showcase display window shall be
allowed per commercial storefront area and one additional showcase display window shall be
allowed for every 25 feet of building length beyond the first 25 feet of building length: and such
showcase display window shall not exceed 10 feet in width and 10 feet in height as measured
from pedestrian grade level. A showcase display window shall not be considered a window sign
as defined in this section.
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 deefe in view of the
general public. For purposes of this chapter, the term "sign" includes all structural members.
City of Cape Canaveral
Ordinance _-2013
Page 3 of 17
Story means the lesser of every 12 feet of building height or that portion of a building
included between the floor surface and the upper surface of the floor next above or any uortion
of a building used for human occupancy between the topmost floor and roof. A basement or
cellar not used for human occupancy shall not be counted as a story For purposes of this
Chapter, this definition does not include balconies and mezzanines.
&0wet-PAight-of-way means
land reserved, used or to be used as a strea alley. walkway. drainage facility or other public
purpose. One example of a ri t-of--waX.
Me
lino
uawpde
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Gum slwulda
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The right-of-vM can be thought of as
the public's space betwoon wopatty tines.
In this exam* the d&waU and I
ubHty polos are at the pmp" tines.
Right-of-way
City of Cape Canaveral
Ordinance _-2013
of
Page 4 17
Temporary signs means a sign displayed for a scheduled event or occurrence before,
which is not
designed or intended to be placed permanently ' , fer. We
.— , seamsefieft sips, mat estme signs, meWement signs, seeial eF spe" vvM sips
Temvorary signs include only those signs exwessly referenced in section 94776 –Temporary
Sign Table.
Warning lien means a sign_E2ffid ed by law or intended to inform the viewer of
dangerous and/or restrictive conditions on the premises.
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. A showcase display window shall not be considered a window
sign.
Sec. 944. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
(6) Window signs that do not exceed 25 percent of die -toted each pane of window
glass on& for each every side of the building or unit thereof and am plased in &6 WPOF-ff
signs lesaw above tM feet fiem gM6, "an —Added to the tow eNisfift sigaw fef
Seventy-five percent (75%) of each pane of window eass for
every side of the building or unit thereof shall remain clear and visible into and through
the structure, free from signage, obstructions and displays of all tunes 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 Window signs shall not be permitted
above the first story of env occupied commercial tenancy. This prohibition does not
avnly to designated showcase windows, as defined in this chapter.
(7) Temporary signs on residential property that do not exceed six square feet -ea
City of Cape Canaveral
Ordinance _-2013
Page 5 of 17
13 Showcase display windows.
14 Signs erected entirely within the confines of a commercial establishment.
provided they cannot be viewed from a gl blic right -of --way.
15 Warning signs.
Temporary signs approved under an outdoor entertainment event permit.
17 Any sign erected or temporarily placed by the city or other governmental body,
See. 94-6. Prohibited signs and features.
The following signs and features are strictly prohibited:
(bb) Signs placed on fences or gates, other than warning_signs
(cc) Perimeter window lighting:
dd Temporary sips, 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.
ARTICLE IL PERMITS AND INSPECTIONS
Sec. 94-31. Permit Required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to
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
the adffAW. 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
City of Cape Canaveral
Ordinance _-2013
Page 6 of 17
. 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 sire
application that is filed within 30 dans after obtaining the businesses' initial Business Tax
Receipt issued by the city ,
t- . _ painining fees for- my .- a"Heafien that is filed fer- pufpeses
ARTICLE M. SIZE, LOCATION AND CONSTRUCTION
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temoorary signs must comply with the temporary signage table below.
Temporary signage table:
e and use
Conditions
Property for sale or lease may indicate so by use of temporary
a. b, c, d. e, f, g, h. i, i,
si a e.
Property under a development permit may indicate so by use
a, b, c, d. e, f, g h. i, J.
9f Memgma si e.
City of Cape Canaveral
Ordinance _-2013
of
Page 7 17
Temporary signage, on gubernatorial.presidential city, and
c. d e. ff, g. h. i. j. k,
M state and federal primary Election Day and during the 30
da rior to and five days after the Election Da .
Banner Si
e
Ba Si
(2) The following conditions shall apply to any temporary sign unless otherwise
provided in the temporary signage table set forth above.
a The 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 RM2g= 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
sin for each tenant space or unit, regardless of property frontage.
c. On residential property, no temporary sign shall exceed six square feet.
I On nonresidential property, no temporary sign shall exceed 32 square feet
L. 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.
E The maximum height shall be four feet on residentialproperty, 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 ri t-of-wiL
h. No part of any temuor�+ sign shall be placed within the right-of-wav 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 sigma
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 Qart of the sign.
1 The temporary sign shall be constructed of sturdy material such as wood hard plastic,
vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather
elements commonly experienced within the city. Cardboard and paper -faced temporary
City of Cape Canaveral
Ordinance _-2013
of
Page 8 17
signs are stricdYprohibited unless they are safely fastened, in their entirety, to a backing
made of material set forth in this section.
k. With property owner's consent, during_ gubernatorial, presidential, and city election
years, permitted 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 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 copy area of an existing around
sign has been damaged and is awaiting repair, when the business has vacated the property
or when the copv 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.
no pemiR shall be required mWer- seetiew94-34-
City of Cape Canaveral
Ordinance _-2013
Page 9 of 17
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City of Cape Canaveral
Ordinance _-2013
Page 9 of 17
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City of Cape Canaveral
Ordinance _-2013
Page 10 of 17
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City of Cape Canaveral
Ordinance _-2013
Page 10 of 17
Sec. 9478. 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
or
pylon sign. The electronic sign must be in compliance with all applicable provisions of
this chapter. Howevat,
. Further, an electronic sign shall not be a stand alone sign.
(eh) 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.
City of Cape Canaveral
Ordinance _-2013
Page l 1 of 17
(dc, The electronic sign shall be limited to display of owie alphanumeric characters
only. Nematie Non-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 sena four consecutive seconds per display; message
(gb 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.
ft 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. 9481. Temporary off -premises signs.
City of Cape Canaveral
Ordinance -2013
Page 12R-17
(a) Temporary off -premises signs may be erected upon issuance of a permit by the
Administrator, provided the temporary off premises signs) meets the following
conditions:
(3) The tMe. use size, height, and placement of the sign shall comply with
the requirements set forth in section 94-76 for temporary on premises signs.
r.wr wl
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
On -Premises
Sign
Per Section
94-76
Per Section
94-76
Per Section
94-76
Per Section
94-76
Temporary
Off -Premises
Sign
Per Section
94-81
Per Section
94-81
Per Section
94-81
Per Section
94-81
Max. area
6 s.f.
6 s.f.
6 s.f.
32 s.f.
Max. height
4'
4'
4'
8'
Are -as -eRdeF
developmept
a:-GeReFal
,Ma*._RG-._
4-
4
4-
4-
Ma*,afee
4444.
48-s4.-
32-&A.
Max. height
4
4
4
8'
hPar
s�seatFasteF
Ma*. aFea
8-64.-
8-6*
8-6-
Max. height
4
4
4
4
Home
occupation
tion
Max. no.
1
1
1
1
Max area
2 s.f.
2 s.f.
2 s.f.
2 s.f.
Ground
Max. no.
Prohibited
1 per street
frontage/per
access
entrance I
1 per street
frontage/per
access
entrance
1 per street
frontage
City of Cape Canaveral
Ordinance _-2013
Page 13 of 17
ARTICLE IV. NONCONFORMING SIGNS
City of Cape Canaveral
Ordinance _-2013
Page 14 of 17
Max. 2 signs
max. 2 signs
Max area
32 s.f.
32 s.f.
One s.f. per
lineal ft. of
prop8rty
frontage up
to a Max. of
150 s.f.
Max. height
8'
8'
20'
Max. width
25'
25'
25'
Wall
Max. no.
Prohibited
1
1
2 per
storefront or
structure,
provided
each
structure is a
separate
business.
Max. area
One s.f. per
One s.f. per
Parallel to
lineal foot of
lineal foot of
street 15% of
building wall
building wall
wall height
that the sign
that the sign
(x) wall width
is on
is on
of wall that
sign is
located on:
Max. 160 s.f.
Perpendicula
r to street,
15% of wall
height (x)
wall width of
wall that sign
is located on;
max. 128 s.f.
Banner Signs
Max. no.
1
1
1
1
Max. area
12 . ft.
12 sq. ft.
12 . ft.
96 . ft.
Electronic
Max. no.
n/a
n/a
n/a
per Section
Signs
" 1%0
Max. area.
n/a
n/a
n/a
32 sq. ft.
Wall mural
Prohibited
Prohibited
Prohibited
Prohibited
unless
unless
unless
approved per
approved per
approved per
94-6(g)-94-6
94-6
ARTICLE IV. NONCONFORMING SIGNS
City of Cape Canaveral
Ordinance _-2013
Page 14 of 17
See. 94-121. Nonconforming signs.
All signs or outdoor displays which are lawfully in existence or are lawfully erected and
which do not conform to the provisions of this chapter are declared nonconforming signs. It is
the intent of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of heal& safety, and welfare as is the
prolu'bition of new signs that would violate the provisions of this chanter. No nonconforming
sign shall be changed expanded or altered m any manner which would increase the degree of its
nonconformity, or be structurally altered to proloag its useful life, 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 nonconforming user, shall not
be considered in calculating the length of discontinuance for purposes of this subsection.
�b Termination by damage or destruction: Any nonconforming sign damaged or
destroyed, by any means, to the extent of fi (50) percent of its replacement cost at the
time of being damaged or destroyed shall be terminated and shall not be restored.
Lcl Termination by redevelopment: Whenever any revision or modification is made to
a building or to site improvements, which revision or modification requires the
submission of a new or substantially revised site plan or development plan, pursuant to
the Land Development Code, all signs or sign structures on the parcel of land in question
shall be made to conform with the current requirements of this chapter, or shall be
removed.
jdj Pole Signs - Termination by amortization: Any nonconforming pole sign existing
on MSERT EFFECTIVE DATEI and not terminated pursuant to any other provision of
this section shall be permanently removed or modified into a Q ly on sign by (INSERT
DATE TWO YEARS FROM THE EFFECTIVE DATEI, except, howem 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
gonconfonning sign is permitted in accordance with the requirements of section 110-98
of the City Code.
City of Cape Canaveral
Ordinance _-2013
Page 15 of 17
M 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 modif n�'ng a nonconforming sign and making it in full
compliance with the provisions of this chapter.
_Sec. 94121. — Exceptions and anneals
Lal UUvon application filed with the City, the Administrator may exempt legally
existing nonconforming signs from the requirements of this chapter related only to
heigh 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 However
in no instance may a ground -mounted sign exceed fifteen (15) feet and the sign must be
brou t into compliance if it is substantially damaged.
M Freestanding signs that are nonconforming only with respect to the minimum
rwired distance from any property lines, shall be allowed to remain in the existing
location provided that no portion of the sign is located within M 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.
(c) Previously United sign variances: All sign variances granted prior to (INSERT
EFFECTIVE DATE OF ORDINANCE] are hereby deemed repealed and no longer in
effect. Any sign erected and maintained in compliance with a variance which was granted
Prior to (INSERT EFFECTIVE DATE OF ORDINANCE] but is not in campliance with
this chanter, shall be treated under this chapter as a nonconforming sign
Section 3. Chapter 110, Article X. AlA Economic Opportunity Overlay District,
Division 7. Signage Code Amendment—Chapter 110, Article X. AIA 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 At4kmm type indicates deletions):
Sec. 110-709. Business Park/Area Multi-user Sign. Pursuant to a Developer's
Agreement approved by Council, a multi-user sign may be erected on SR AIA and/or
Central Boulevard to provide signage for V=erties/businesses located alon�perial
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.
City of Cape Canaveral
Ordinance _-2013
Page 16 of 17
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 finely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
day of , 2013.
ATTEST:
Rocky Randels, Mayor
FOR AGAINST
John Bond
Angela Apperson, City Clerk Bob Hoog
First Reading:
Legal Ad Published:
Second Reading:
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance _-2013
Page 17 of 17