HomeMy WebLinkAboutcocc_ordinance_no_08-2020_202012151 ORDINANCE NO. 08-2020
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING
5 CHAPTER 94 - SIGNS; PROVIDING FOR AMENDMENTS TO
6 ELECTRONIC MESSAGING SIGNS; PROVIDING FOR
7 AMENDMENTS TO SECTION 94-100 AND TABLE 94-96-1 TO
8 INCLUDE SIGN REQUIREMENTS SPECIFICALLY FOR THE
9 PUBLIC/RECREATION (PUB/REC) ZONING DISTRICT;
10 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
11 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
12 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
15 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
16 law; and
17 WHEREAS, the City Council desires to modify the existing sign regulations limiting the
18 displays on electronic messaging signs to alphanumeric characters to additionally allow for the
19 display of graphics and images in accordance with the terms and conditions stated herein; and
20 WHEREAS, the City Council recently adopted a new zoning designation for Public/
21 Recreation (Pub/Rec) property and desires to establish specific sign requirements to correspond
22 to the new zoning district in a manner similar to other existing zoning designations; and
23 WHEREAS, the City's Land Planning Agency has reviewed and made a recommendation
24 to the City Council regarding this Ordinance; and
25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
26 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
27 Cape Canaveral.
28 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
29 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
30 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as
31 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
32 Section 2. Chapter 94 Code Amendments — Electronic Signs. Chapter 94 of the Code of
33 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type
34 indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *)
35 indicate a deletion from the Ordinance of text existing in Chapter 94. It is intended that the text
City of Cape Canaveral
Ordinance No. 08-2020
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1 in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
2 from the language existing prior to adoption of this Ordinance):
3
4
5
6 Sec. 94-1. — Definitions.
CHAPTER 94 — SIGNS
ARTICLE I. — IN GENERAL
***
7 Electronic messaging signs shall mean a sign on which the copy changes automatically without
8 moving parts by computer or other electronic means. These signs use intermittent light or lights
9 including incandescent lamps, light emitting diodes, liquid crystal displays and plasma displays.
10
11
12 Sec. 94-6. — Prohibited signs and features.
13 The following signs and features are strictly prohibited:
14
***
***
15 (ff) Electronic signs except for as authorized by Section 94-78.
16
17
***
18 ARTICLE III. — SIZE, LOCATION AND CONSTRUCTION
19 ***
20 Division 2. — TYPES OF SIGNS
21 ***
22 Sec. 94-78. - Electronic signs.
23 Electronic signs may be approved under this chapter provided the proposed electronic sign
24 satisfies the following requirements:
25 (a) A maximum of one electronic sign may be incorporated into a monument sign or pylon
26 sign. The electronic sign must be in compliance with all applicable provisions of this
27 chapter. Further, an electronic sign shall not be a portable or stand alone sign and shall
28 be mounted in a permanent cabinet.
29 (b) The size of the electronic sign shall be limited to a maximum size equal to 32 square
30 feet. The maximum area of the sign shall not exceed 120 square feet. The electronic sign
31 shall be fully incorporated within the outer perimeter of the sign. Further, the size of the
City of Cape Canaveral
Ordinance No. 08-2020
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1 electronic sign shall be included in the calculation for the total signage allowed for the
2 property and the overall size limitation for a particular sign.
3 (c) The electronic sign shall be limited to display of alphanumeric characters and static
4 graphic images or displays only. The copy content of an electronic display may change
5 at intervals of no less than eight (8) seconds. The content of the electronic display must
6 remain stable and continuous scrolling, blinking, fading, dissolving or any other effect
7 that gives the appearance of movement is prohibited. Each electronic display shall
8 contain a complete standalone message and the message cannot be broken into
9 segments displayed sequentially on a different display to form a complete message.
10 Moving graphic displays or images of non -alphanumeric characters (such as simulations
11 of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall
12 be prohibited. In addition, the image or display content shall not contain effects that are
13 designed to resemble a traffic control device or emergency vehicle strobe lighting.
14 However, nothing herein shall prohibit governmental agencies from using electronic
15 traffic control devices and emergency lighting for official traffic control and emergency
16 public purposes.
17 (d) The sign shall not include any audio message. display time for each message containing
18 alphanumeric characters shall be a minimum time period of four consecutive seconds
19 per display.
20 (e) The electronic sign shall be set to a specific brightness level and shall electronically
21 respond to changing light conditions (e.g., change from day to night or to darkness
22 related to weather). Written certification shall be provided with the sign permit
23 application from the sign manufacturer that the sign has been preset to not to exceed
24 the following light level standard as measured in nits, as follows:
25 (1) Maximum daytime level at 6,000 nits.
26 (2) Maximum nighttime level at 500 nits.
27 Further, the preset light level shall be protected from end user manipulations by
28 password protected software or other acceptable methods.
29 (f) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a
30 maximum Tight level of 500 nits, or the sign shall be made inactive until the sign is
31 repaired.
32 (g) Electronic signs shall only be permitted for public buildings and facilities located in a
33 Public/Recreation zoning district or businesses operating and located in a commercial
34 or industrial zoning district. However, such signs permitted in a commercial or industrial
35 zoning district shall not be installed within 100 feet of a property line of a residential
36 land development unless the illumination generated from the electronic signage is
37 adequately directed or screened in a manner that the illuminance does not significantly
38 trespass on the property of the residential development to create an annoyance or
39 nuisance.
City of Cape Canaveral
Ordinance No. 08-2020
Page 3 of 7
1
2 Section 3. Section 94-100 and Table 94-96-1 Amendments. Section 94-100 and Table 94-
3 96-1 set forth in Chapter 94 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby
4 amended as follows: (underlined type indicates additions to the City Code and strikeout type
5 indicates deletions):
6
7 Sec. 94-100. - Shopping center or multitenant center in any district; Public/Recreation Buildings.
8 Signs are permitted for shopping centers or multitenant centers in any district and Public/Recreation
9 Buildings and facilities as listed in table 94-96-1
10
Table 94-96-1 District Restrictions
Type of
Sign
R-1
R-2
R-3
C-1, C-2 & M-1
Pub/Rec
Temporary
On-
Premises
Sign
Per section
94-76
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
Per section
94-76
Max.
area
6 s.f.
6 s.f.
6 s.f.
32 s.f.
32 s.f.
Max.
height
4'
4'
4'
8'
8'
Home
Occupation
Max.
no.
1
1
1
1
N/A
Max
area
2 s.f.
2 s.f.
2 s.f.
2 s.f.
N/A
Ground
Max.
no.
Prohibited
1 per street
frontage/per
access entrance;
max. 2 signs
1 per street
frontage/per
access entrance;
max. 2 signs
1 per street frontage
1 per street
frontage/per
access
entrance;
max. 2 signs
City of Cape Canaveral
Ordinance No. 08-2020
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Max
area
32 s.f.
32 s.f.
One s.f. per linear lineal
One s.f. per
linear ft. of
property
up to a max. of 150 s.f.
frontage up
to a max. of
150 s.f.
Max.
height
8'
8'
20'
20'
Max.
width
25'
25'
25'
25'
Wall
Max.
no.
Prohibited
1
1
2 per storefront or
structure, provided each
structure is a separate
business
2 per
structure
Wall
Max.
area
One s.f. per lineal
linear foot of
building wall that
the sign is on
One s.f. per lineal
linear foot of
building wall that
the sign is on
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.
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.
Electronic
Signs
Max.
no.
n/a
n/a
n/a
Per section 94-78
Per section
94-78
Max.
area.
n/a
n/a
n/a
32 sq. ft.
32 sq. ft.
City of Cape Canaveral
Ordinance No. 08-2020
Page 5 of 7
Wall Mural
Prohibited
Prohibited unless
Prohibited unless
Prohibited unless
Prohibitied
unless
approved per
approved per
approved per section
approved per
section 94-6(g)
section 94-6(g)
94-6(g)
section 94-
6(g)
1
2 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
3 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
4 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
5
6 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
7 Canaveral City Code and any section or paragraph, number or letter and any heading may be
8 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
9 like errors may be corrected and additions, alterations, and omissions, not affecting the
10 construction or meaning of this Ordinance and the City Code may be freely made.
11
12 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
13 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
14 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
15 a separate, distinct and independent provision, and such holding shall not affect the validity of
16 the remaining portions of this Ordinance.
17
18 Section 7. Effective Date. This Ordinance shall become effective immediately upon
19 adoption.
20
21 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of December,
22 2020.
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30 [Signature Page Follows]
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City of Cape Canaveral
Ordinance No. 08-2020
Page 6 of 7
1
2 Bob Hoog, Mayor
6
7 ATTEST: For Against
8
9 Mike Brown X
10 Robert Hoog X
11 Mickie Kellum X
12 Wes Morrison Second
12 Angela Raymond Motion
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14
15 Mia Goforth, CMC
16 City Clerk
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20 First Reading: November 17, 2020
21 Advertisement: December 3, 2020
22 Second Reading: December 15, 2020
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25 Approved as to legal form and sufficiency
26 for the Cape Canaveral only by:
27
28
29 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 08-2020
Page 7 of 7
SEAL
City of Cape Canaveral, Florida