HomeMy WebLinkAboutcocc_resolution_no_2021-07_20210615RESOLUTION NO.2021-07
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA;
TEMPORARILY ALLOWING USE OF FEATHER FLAGS AND SNIPE SIGNS BY
BUSINESSES ON PROPERTY CURRENTLY ZONED C-1, C-2, AND M-1;
PROVIDING FOR THE SUNSET OF THIS RESOLUTION AT THE CONCLUSION OF
THE CITY COUNCIL MEETING ON JULY 20, 2021 UNLESS OTHERWISE
EXTENDED BY THE CITY COUNCIL; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 2021-06 which
terminated the City's previously established local COVID-19 Declaration of Emergency and related
emergency orders; and
WHEREAS, one of the related emergency orders that was terminated temporarily allowed
for the use of feather flags and snipe signs by businesses during the COVID-19 emergency; and
WHEREAS, the City Council desires to temporarily suspend the enforcement of the City
Code related to feather flags and snipe signs for purposes of allowing businesses to discontinue
the use of feather flags and snipe signs in an orderly and timely fashion and restoring future
compliance with the City Code regarding the use of feather flags and snipe signs; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
Section 1, Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Sign Code Waiver — Temporary On -Premises Feather Flags and Snipe
Signs. On property currently zoned C-1, C-2, and M-1, the prohibition of feather flags and
snipe signs under Chapter 94 of the City Code is hereby temporary waived for businesses that are
open for business and providing goods and services to the public. Such businesses shall be
permitted to install temporary on -premises feather flags and snipe signs under the following
terms and conditions:
A. In addition to the temporary on -premises signs permitted under Section 94-76 of the
Cape Canaveral City Code, one temporary on -premises feather flag and one temporary on -
premises snipe sign are 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 occupied by a business located on a property shall be permitted one such feather flag and
one snipe sign for each separate business, regardless of the linear feet of property frontage so
City of Cape Canaveral
Resolution No. 2021-07
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that each business operating in separate space on the property is afforded an equal opportunity
to install one feather flag and one snipe sign. Feather flags and snipe signs must also comply with
the following conditions and requirements:
(1) Shall only be displayed during the operational hours of the subject business, and shall be
removed and installed inside a building when the business is not in operation.
(2) Shall be substantially secured or weighted to resist movement while on display. (Per Sec.
94-76(2)(4), Cape Canaveral Code)
(3) Shall not encroach into vehicular circulation areas or be located so as to reduce parking
areas. (Per Sec. 94-76(2)(n)(5), Cape Canaveral Code)
(4) Minimum setbacks for any part of the temporary feather flag or snipe sign structure shall
be a minimum of two feet from any right-of-way. (Per Sec. 94-76(2)(g), Cape Canaveral
Code)
(5)
No part of any temporary feather flag and snipe 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 feather flag and snipe sign shall be
located so as to reduce any required parking area. No part of any temporary feather flag
and snipe sign shall be located in such a way that it restricts a pedestrian way and/or
sidewalk to less than 44 inches in width. Temporary feather flags and snipe 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. (Per Sec. 94-76(2)(h), Cape Canaveral Code)
(6) Shall be freestanding and shall not rely on any support that is not a part of the feather flag
or snipe sign. (Per Sec. 94-76(2)(i), Cape Canaveral Code)
(7) Snipe signs shall be treated substantially similar to temporary on -premises sandwich
boards and subject to the following conditions:
a. Shall not exceed five feet in overall height (per Sec. 94-76(2)(n)(1), Cape Canaveral
Code);
b. Shall not exceed 12 square feet in area (per Sec. 94-76(2)(n)(2), Cape Canaveral
Code);
c. May be double-faced (back-to-back) and only one side of a double-faced sign
shall be counted for sign area calculations. (Per Sec. 94-76(2)(e), Cape Canaveral
Code); and
d. 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
signs are strictly prohibited unless they are safely fastened, in their entirety, to a
backing made of material set forth in this section (Per Sec. 94-76(2)(j), Cape
Canaveral Code).
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Resolution No. 2021-07
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(B) No provision of this. Resolution shall be construed or interpreted as authorizing the
installation of an off -premises feather flag and snipe sign.
(C) The waiver set forth in this Resolution shall sunset at the conclusion of the City
Council meeting scheduled for July 20, 2021, unless otherwise extended by the City Council.
(D) This Resolution shall have the full force and effect of law. Violations of this
Resolution shall constitute a code violation and be punishable pursuant to applicable provisions
of the City Code.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution 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 resolution.
Section 4. Effective Date. This Resolution shall take effect immediately upon
adoption by the City Council.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting
duly assembled on the 15th day of June, 2021.
F. r
ATTEST:
Mia Goforth;'CMC--'—
City Clerk
Approved as to legal form and sufficiency
for the Ci of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
For Against
Mike Brown
Robert Hoog
Mickie Kellum gnd
Wes Morrison Motion
Angela Raymond _x__
City of Cape Canaveral
Resolution No. 2021-07
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