Loading...
HomeMy WebLinkAboutcocc_resolution_no_2021-10_20210720RESOLUTION NO. 2021-10 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; TEMPORARILY ALLOWING USE OF FEATHER FLAGS BY BUSINESSES ON PROPERTY CURRENTLY ZONED C-1, C-2, AND M-1; DIRECTING THE CITY'S PLANNING & ZONING BOARD TO EVALUATE AND MAKE A RECOMMENDATION TO THE CITY COUNCIL WITHIN 120 DAYS REGARDING AMENDING THE SIGN CODE TO ALLOW FEATHER FLAGS AS A PERMITED SIGN; PROVIDING FOR EITHER THE SUNSET OR EXTENSION OF THE TEMPORARY ALLOWANCE OF FEATHER FLAGS AT SUCH TIME THE CITY COUNCIL EVALUATES THE RECOMMENDATION OF THE PLANNING & ZONING BOARD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council previously allowed businesses to utilize feather flags on a temporary basis during the Covid-19 emergency; and WHEREAS, the City Council now desires to temporarily suspend the enforcement of the City Code and authorize the temporary use of feather flags for purposes of allowing businesses to use feather flags in an orderly and timely fashion pending an evaluation and recommendation to the City Council by the Planning & Zoning Board regarding whether to modify the City's sign code to allow the use of feather flags on a regular basis; 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 — Temporary On -Premises Feather Flags. On property currently zoned C-1, C-2, and M-1, the prohibition of feather flags under Chapter 94 of the City Code is hereby temporary suspended 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 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 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 occupied by a business located on a property shall be permitted one such feather flag for each separate business, regardless of the linear feet City of Cape Canaveral Resolution No. 2021-10 Page 1 of 3 of property frontage so that each business operating in separate space on the property is afforded an equal opportunity to install one feather flag. Feather flags 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 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 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 shall be located so as to reduce any required parking area. No part of any temporary feather flag 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 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. (Per Sec. 94-76(2)(i), Cape Canaveral Code) (B) No provision of this Resolution shall be construed or interpreted as authorizing the installation of an off -premises feather flag. (C) 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. Planning & Zoning Board Evaluation and Recommendation. Within one hundred twenty (120) days from the effective date, the Planning & Zoning Board shall evaluate and recommend to the City Council whether to amend the City's sign code to allow feather flags on a regular basis. If the recommendation is to allow businesses to use feather flags, the Planning & Zoning Board shall recommend the terms and conditions by which such flags will be allowed. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2021-10 Page 2 of 3 Section 5. 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 6. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. The suspension of enforcement related to feather flags set forth in this Resolution shall sunset at such time the City Council receives the recommendation required hereunder from the Planning & Zoning Board, unless otherwise extended by the City Council. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 20th day of July, 2021. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the j y of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor For Against Mike Brown gac'ond Robert Hoog Mickie Kellum Wes Morrison Motion Angela Raymond X City of Cape Canaveral Resolution No. 2021-10 Page3of3