HomeMy WebLinkAboutCode Master Project 1978: Chapter 653: Sign CodeCode History File
Codified Dec 92
ORDINANCE NO. 9-82
AN ORDINANCE REPEALING CHAPTER 653 "SIGN CODE" ,
Nor AND SUBSTITUTING, THEREFORE, IN ITS ENTIRETY,
CHAPTER 653 "SIGN CODE" ; ESTABLISHING RULES
AND REGULATIONS REGARDING SIGN CONSTRUCTION,
SIGN PERMITS AND TYPES OF SIGNS ALLOWED;
ESTABLISHING A CODE ENFORCEMENT BOARD; PROVIDE
PENALTIES; DETERMINE MEMBERS OF THE CODE
ENFORCEMENT BOARD; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1. Chapter 653, "Sign Code" , of the City Code
of the City of Cape Canaveral, Florida is hereby deleted in its
entirety and replaced with the following:
CHAPTER 653
SIGN CODE
Sec. 653. 01 Establishment of Sign Code. This Chapter
shall hereafter be known and cited as the "Sign Code" .
Sec. 653. 02 Statement of Purpose and Scope.
(A) The purpose of this chapter is to create regulations
for the design, construction and location of signs that will
protect the safety and welfare of the public, eliminate dangerous
and unsightly signs and provide for adequate maintenance and
inspection of signs without impeding the inherent right of business
to advertise and reasonably assist potential customers in locating
and identifying any service or facility they may desire to use or
any product they may desire to purchase.
(B) This chapter is intended to cover all requirements
relative to the types, sizes, heights, verbal content, permissible
locations , restrictions, permits and licenses, inspections,
indemnification, materials of manufacture and/or construction,
methods of erection, maintenance, procedure for requesting
variances, and penalties for violation of the provisions prescribed
herein for all signs placed, installed and/or erected within the
limits of the City of Cape Canaveral which are exposed to the
out-of-doors view of the public.
Sec. 653. 03 Administrator. The Building Official shall
act as administrator of the provisions of this chapter, acting in
lieu of the governing body. As used in this chapter, "administrator"
shall include his authorized representative.
Sec. 653 . 04 Definitions . Unless otherwise clearly required
by the context, the terms used in this chapter shall have the following
meanings; the word "shall" is always mandatory and not merely
directory:
Attraction Board. Any sign on which the copy may be
manually changed from time to time by use of changeable letters
or panels.
ORD. NO. 9-82
PAGE 1 OF 12.
Awning. Any structure made of cloth or metal with a metal
framework attached to a building and projecting over a thoroughfare,
so erected as to permit its being raised to a position flat against
the building when not in use.
Banner Sign. Any sign having the characters, letters ,
illustrations or ornamentations applied to cloth, paper or fabric.
Billboard or Off-Premise Sign. A sign advertising a product
or service, including entertainment or candidacy, which product or
service is not available for sale or performance at the place where
the sign is located.
City. The City of Cape Canaveral, Florida.
City Council or Council. The City Council of the City of
Cape Canaveral, Florida.
Erect. Shall mean to build, construct, attach, hang, place,
suspend or affix, and shall also include the painting of wall signs.
Exempt Signs. Signs exempted from normal permit requirements .
Ground Sign. A sign when such sign is supported by uprights
or braces in or upon the ground.
Marquee Sign. A projecting sign attached to or hung from
a marquee or said 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.
Non-Combustible Material. Is one which, in the form and
thickness in which it is used, meets any of the following requirements :
(1) Materials which pass the test procedure for defining
non-combustibility of elementary materials set forth
in ASTM E136 .
(2) Materials having a structural base of non-combustible
materials as defined in paragraph (1) , with a surfacing
not more than one-eighth-inch thick which has a flame-
spread rating not greater than fifty (50) when tested
in accordance with the method of test for surface
burning characteristics of building materials set
forth in ASTM E84 .
Non-Conforming Sign. 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 regulations and restriction
of this chapter, or a non-conforming sign for which a special permit
has been issued.
Outdoor Advertising Display. Any letter, figure, character,
mark, plane, point, marquee, sign, 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
the same shall be used for attraction of the public to anyplace, sub-
ject, person, firm, corporation, public performance, article, machine
or merchandise, whatsoever, which is displayed in any manner what-
soever out-of-doors.
Owner. The person owning the fee-simple title to the
property upon which a sign is located for which a permit is required.
Permittee. The person in possession or having the beneficial
use of property upon which a sign is located for which a permit is
required.
Person. Shall mean and include any person, firm, partner-
ship, association, corporation, company or other legal entity.
ORD. NO. 9-82
PAGE 2 OF 12.
Portable and/or Mobile Signs. Signs that may be hauled
or towed from one location to another, are self-supporting and,
when placed, are not permanently attached to the ground or a
building.
Projecting Sign. A sign which is affixed to any building
wall or structure and extends beyond the building wall, structure,
building line or property line more than twelve (12) inches.
Registered Engineer. An engineer registered in the State of
Florida who is in good standing with the Florida State Board of
Engineering Examiners.
Roof Sign. Any sign erected upon, against or directly
above a roof or on top of or above the parapet of a building.
Shopping Center. A building with two (2) or more businesses
used for the display or sale of merchandise./
Sign. Shall mean and include every display, billboard,
ground sign, wall sign, roof sign, illuminated sign, projecting
sign, temporary sign, marquee, awning and street clock, and shall
include any announcement, declaration, demonstration, display,
illustration or insignia used to advertise or promote the interests
of any person when the same is placed out-of-doors in view of the
general public.
Sign Erector or Contractor. Any person engaged in the
construction, reconstruction or erection of any sign requiring
structural framework and support, or using electric power, or re-
quiring a scaffold for erection or application.
Sign Writer or Painter. Any person engaged in the painting
or application of signs on windows, doors, walls, awnings or
elsewhere, when such signs require no structural framework or
electric power.
Snipe Sign. 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.
Wall Sign. A sign that is affixed to the wall of any building,
when such sign shall project not more than twelve (12) inches from
the building.
Sec. 653. 05 Application. The following signs are excluded
from the operation of this Chapter unless hereinafter noted.
(A) Signs painted on the exterior surface of buildings.
(B) Decals affixed to or signs painted on store fronts,
store equipment, canopies, fuel pumps, or other types of vending
equipment used for dispensing retail products.
(C) Signs wholly within a building.
(D) Memorial signs, tablets, or placques, or names of
buildings and date of erection when the same are cut into any masonry
surface or when constructed of bronze or other incombustible material.
(E) Professional name plates not exceeding three (3) square
feet in area.
(F) Bulletin boards not over eight (8) square feet in area
for public charitable or religious institutions when\the same are
located on the premises of such institutions, and one (1) identifica-
tion sign not exceeding ten (10) square feet.
ORD. NO. 9-82
PAGE 3 OF 12.
(G) Signs noting the architect, engineer or contractors
when placed upon work under construction, provided such signs shall`
be removed within thirty (30) days of Certificate of Occupancy.
(H) Occupational signs denoting only the name and profession
of an occupant in a commercial building, public institutional building
or dwelling house, placed flat against the exterior surface of the
building and not exceeding three (3) square feet in area, except in
Residential Single Family and Duplex where the size shall be one (1)
square foot.
(I) Directional signs to historical or geographical points
of interest which are maintanined or operated as commercial attractions
or enterprises.
(J) Traffic or other municipal signs, legal notices, danger
signs and temporary emergency or nonadvertising signs .
(K) Signs securely affixed to and parallel with exterior
surface of a building which do not extend more than eight (8) inches
from the building.
(L) Signs consisting of an arrangement of a group of single
cut-out letters when securely fastened to a building or structural part
of building.
Sec. 653.07 Restrictions on Signs in All Use Zones.
(A) Single Family District Regulations. No sign of any
type shall be allowed in any R-1, Single Family District of the
City of Cape Canaveral, except the following:
(1) Signs of the types set forth in §653 . 05 sub-
paragrahs 3 through 10 inclusive, and one (1) sign
limited in size to five (5) square feet advertising
property for sale or rent. Said sign shall
*be on the property for sale or rent.
(B) Signs on Right-of-Way Prohibited. Except for signs
which are the property of the State of Florida or of the City of
Cape Canaveral or which warn of a temporary physical danger in the
vicinity, no sign shall be erected, posted, painted, tacked, nailed,
or otherwise placed or located on or above any road right-of-way
or property of the City of Cape Canaveral, §653. 05 notwithstanding.
All signs in violation of this subsection will be immediately re-
moved by the City at the owner' s expense.
(C) Off-Premises Signs and Signs on Vacant Land Generally
Prohibited.
(1) No off-premises signs or signs on vacant land
shall be erected, posted, painted, tacked, nailed or
otherwise placed or located anywhere in the City of Cape
Canaveral. An off-premises sign is defined as a sign
not related to the subject matter of the use of the premises
on which the sign is located. This prohibition shall not
apply to real estate or political signs. A real estate
sign shall be any sign used solely for the sale or lease of
property on which the sign is located. A political sign
shall be any sign used solely to present information sug-
gesting a candidate' s suitability for elected public office.
(2) Political signs shall not be erected prior to
the candidate qualifying for office and shall be removed
within five (5) days following the election in which his
name appears.
*There shall be deposited with the City Treasurer a fifty dollar
($50.00) fee before any political signs are permitted to be constructed.
If such signs are not removed within the five day period, then the City
shall take the fifty dollars ($50.00) as its fee for having the signs
torn down. If the signs are removed within five days, then the fifty
dollars ($50.00) shall be returned to the registered campaign treasurer.
No signs shall be permitted without the fifty dollar ($50.00) deposit
being paid to the City Treasurer.
ORD. NO. 9-82
* AMENDED ON SECOND READING. PAGE 4 OF 12.
(3) A real estate sign shall not exceed six (6)
square feet in size. A political sign shall not exceed
thirty-two (32) or be less than five (5) square feet in
size. No cardboard or paper shall be used in the con-
struction of any sign except as a paper face if it rests
entirely on a one-half inch or thicker wood backing and
is securely attached to the backing by an adhesive over
the entire surface.
(4) All signs in violation of paragraph (1) , (2)
and (3) above that are erected after the effective date of
this ordinance shall be removed immediately at the owner's
expense.
(5) Off-premise signs and signs on vacant property
which exist on the effective date of this ordinance shall
remain until they are removed or fall into disrepair, but
in no case longer than-fifteen-iI5}*years. A sign is in *ten (10)
disrepair when so determined by the City Building Inspector
at his discretion. When a sign is so determined to be in
a state of disrepair, the City shall so notify the sign
owner and property owner of the existing condition; and
if the sign owner or property owner fails or refuses to
comply, the City may remove said sign with all costs to
be borne by the sign owner or property owner. The pro-
cedure to be followed by the City upon determination that
a sign is in a state of disrepair shall be the same as the
procedure established in Chapter XXII of the City Charter
relating to "Abatement of Nuisances" .
(6) No new billboards shall be erected in the City
of Cape Canaveral, Florida. Any new billboards erected in
violation of this paragraph shall be removed within 48 hours
of notice to the sign owner and property owner. If the
sign owner or property owner fails to remove said sign, the
City shall do so at the sign owner' s or the property owner' s
expense.
(7) Temporary off premise signs are those signs on
property other than where the business or activity is
located. There shall be a limit of one (1) sign per
business or activity erecting a temporary off premise sign.
(a) Signs may be erected only by the following:
(a) A housing project or subdivision
within the City of Cape Canaveral consisting of
ten (10) or more residential units.
(b) Any new business opening within the
City of Cape Canaveral.
(b Any such sign is limited in size to fifty
(50) square feet per face and may be double-faced. It
shall be constructed of sturdy materials as approved
by the Building Official. There shall be no illumination
of any sort provided specifically for the sign.
(c The signs may be erected thirty (30) days
prior to opening a new business and shall be removed,
no later than sixty (60) days after opening, or
housing construction has stopped.
(d Signs may be placed in the following zones
with limits as indicated.
T-1 Zone on Astronaut Boulevard, 75 feet.
from the right of way, maximum height, 15 feet.
C-1 Zone on Astronaut Boulevard, 75 feet
from the right of way, maximum height, 15 feet.
*Amended on Second Reading ORD. NO. 9-8 2
PAGE 5 OF 12.
C-1 Zone on Old State Road 401, 10 feet from
the right-of-way, maximum height, 8 feet.
C-2 Zone on Astronaut Boulevard, no signs of
this type permitted.
C-2 Zone on Old State Road 401, 10 feet from
the right-of-way, maximum height, 8 feet.
M-3 Zone on Old State Road 401, 10 feet from
the right-of-way, maximum height, 8 feet
If these zones are changed by a subsequent
zoning change, then the boundaries as defined by
the Zoning Ordinance in effect at the time of
adoption of this Code Chapter shall transfer to
the new zones in the exact locations as they
presently are regardless of the changed zone
classification.
(c) The written consent of the property owner
must accompany each application for sign permit. The
agent for an owner will verify in writing the authority
to execute a consent form.
(D) Flashing Signs Prohibited. Any sign which contains or
uses lights or lighting device or devices which flash or alternate,
is prohibited.
(E) Portable Signs Prohibited. Any sign which is mobile
and not securely and permanently attached to the ground or a building
is prohibited.
(F) Sign *Size Limit No sign shall be supported so
that the uppermost edge is more than thirty (30) feet above' the
ground. This limitation shall not apply to any sign on the face
of any building. Existing signs are excluded from the operation of
this provision until they fall into a state of disrepair or are
moved or altered. * [Any sign which is not attached to a building
shall not exceed 150 square feet on its largest front. ]
(G) It is the expressed legislative intent of the City
Council that there shall be a prohibition, without any exceptions,
against the use of any portion of a street, sidewalk, alley, right-
of-way, or public thoroughfare for the display of merchandise for
sale, or the location of portable or movable signs or stands to
advertise or draw attention to the business of any person, or the
parking of vehicles or other type of contrivance which are in and
of themselves unique and unusual and are parked for the purpose of
attracting attention to the person' s place of business, or the park-
ing of vehicles or other types of contrivances to which there is
attached a sign advertising the business of or product sold by the
business of any person, firm or corporation or designed to attract
attention thereto, provided, however that the foregoing prohibition
against the use of the streets for the parking of vehicles is not
intended to prohibit the bonafide parking of any vehicle used
primarily by the owner thereof for the purpose of transportation,
notwithstanding that such vehicle may have painted upon the ex-
terior surface the owner' s name or address or business slogan or
trademark or other emblem which identifies the vehicles ' owner or
business in a manner consistent with that customarily found on
commercial vehicles or vehicles used for commercial purposes. Ord. No.
Sec. 653 . 08 Conformance. All signs or other advertising
structures erected within the limits of the City shall conform to
the provisions of this chapter. Every sign or other advertising
structure lawfully permitted at the time of adoption of this
chapter, which violates or does not conform to the provisions hereof,
shall be removed or altered or replaced so as to conform with this
chapter within *ten (10) years.
*Amended on Second Reading ORD. NO. 9-82
PAGE 6 OF 12.
Sec. 653. 09 Permits and Inspections.
(A) Permits Required.
(1) General. Except as otherwise provided in the
provisions of this chapter, it shall be unlawful for any
person to paint, erect, construct, enlarge, move or make
structural alterations to any sign within the City or cause
the same to be done without first obtaining a sign permit
for each such sign from the Building Official as required
by this chapter. These directives shall not be construed
to require any permit for a change of copy on a sign, nor
for the repainting, cleaning and other normal maintenance
or repair of a sign or structure for which a permit has
previously been issued, so long as the sign or sign structure
is not modified in any way.
No new permit is required for signs which have
permits and which conform with the requirements of 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.
(2) Application for Erection Permit. Application
for erection permit shall be made upon blanks provided
by the Building Inspector and shall contain or have attached
thereto the following information:
(a) Name, address and telephone number of the
applicant.
(b) Whether applicant is "owner" or "lessee"
and, if latter, show authority of owner.
(c) Location of building, structure, or lot to
which or upon which the sign or other advertising
structure is to be attached or erected.
(d) Plot plan showing position of the sign or
other advertising structure in relation to nearby
buildings or structures.
(e) Two blueprints or ink drawings of the plans and
specifications and method of construction and attachment
to the building or in the ground.
(f) Name of person, firm, corporation or association
erecting structure.
(g) Any electrical permit required and issued for
said sign.
(h) Such other information as the Building
Inspector shall require to show full compliance with
this and all other laws and regulations of the City.
(3) Issuance of Permit. When an application for a
permit for the erection, alteration or relocation of a sign
has been properly made and the sign complies with the
provisions of this chapter and all other applicable ordinances
and regulations of the City, the Building Official shall
issue the requested permit. A separate electrical permit
shall be required for any sign containing electrical
components to be connected to an electrical energy source.
If the work authorized under an erection permit has not been
completed within six (6) months after date of issuance,
the' said permit shall become null and void.
ORD. NO. 9-82
PAGE 7 OF 12.
(4) Revocation of Permit. The Building Official
is hereby authorized and empowered to revoke any permit
issued by him for failure of the permittee to comply
with any of the provisions of this chapter. Such
revocation shall be in writing and shall show cause for
the revocation notice.
(5) Permit Fees. Permit Fees for the erection,
alteration, or relocation of a sign exclusive of any
costs for an electrical permit shall be as follows:
(a) For issuing a permit, the fee shall be
ten dollars ($10.00).
(b) In addition, the inspection fee shall be
calculated at fifty cents ($0.50) per square foot
of sign area. This calculation shall be based on
the largest sign area, in the case of sign of more
than one face.
(c) If a reinspection is required, an additional
five dollars ($5.00) will be charged.
(d) If any person commences any work before
obtaining the necessary permit, the fee shall be
doubled.
(6) Permits for Temporary Signs. Permits for
temporary signs shall be issued for a period not exceeding
thirty (30) days.
(B) Inspections. Signs for which permits have been issued
shall be inspected during and at completion of construction, annually
after erection and at such times as deemed necessary by the Building
Official. Authority for and time of such inspections shall be as
follows :
(1) Inspection by Building Official. The Building
Official is hereby empowered to enter or inspect any building,
structure or premises in the City upon which, or in connection
with which a sign, as defined by this chapter, is located,
for the purpose of inspection of the sign, its structural
details and electrical connections, and to ensure compliance
with the provisions of this chapter. Such inspections
shall be carried out during business hours, unless an
emergency exists.
charge in manner applicable to C.C. J.S.
(2) Construction Inspections The person constructing,
erecting or relocating a sign for which a permit is required
shall notify the Building Official at all stages of
construction that require inspection and approval by the
Building Official. The requirements for such
inspections are as follows:
(a) A footing inspection for all detached signs
shall be required.
(b) A final structural inspection shall be
required at completion of the work on all types of
signs.
ORD. NO. 9-82
PAGE 8 OF 12.
(c) A final electrical inspection shall be
required on all signs containing electrical components
and wiring to be connected to an electrical energy source.
(3) Annual Inspection. Each sign that required a permit
for erection shall be inspected annually by the Building
Official to ascertain whether the sign is being maintained
in a safe condition and whether it is in need of maintenance
or removal. When the inspection reveals repair or
maintenance is needed, the owner shall be notified in
writing. The owner shall have ten (10) days to make said
repairs or remove the sign. If this order is not complied
with, the Building Official may remove the sign and a lien
may be filed against the property for said expense incurred
in removel of the sign. [Ord. No's
Sec. 653. 10 Identification of Signs. Every outdoor
advertising display sign hereinafter erected, constructed or main-
tained, for which a permit is required, shall be plainly marked with
the name of the person, firm or corporation erecting and maintaining
such sign and shall have affixed on the front thereof the permit
number issued for said sign by the Building Official. [Ord. No]
Sec. 653. 15 Wind Pressure and Dead Load Requirements.
All signs and other advertising structures shall be designed and
constructed to withstand a wind velocity as set forth in the Southern
Standard Building Code, as amended, and shall be constructed to
receive dead loads as required by the said Southern Standard Building
Code, as amended, or other Codes of the City of Cape Canaveral,
Florida. [Ord. No.
Sec. 653.16 Obstruction to Doors, Windows or Fire Escapes .
No sign shall be erected, relocated or maintained so as to prevent
free ingress to or egress from any door or fire escape. No sign of
any kind shall be attached to a stand pipe or fire escape. [Ord. No.
Sec. 653.17 Abandoned Signs 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
(10) days of the service of written notice from the Building Official
to so do, 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 (6) consecutive months prior to the date of said
notice from the Building Official. If the order to remove is not
complied with, the Building Official may remove the sign and a lien
may be filed against the property for said expense incurred in
removal of the sign.
(B) Hazardous Signs. The Building Official 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 may require the
removal of any sign which is not properly maintained or which other-
wise shows signs of neglect 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 after forty-eight (48) hours from the
time of notice by the Building Official requesting the removal of such
sign, unless within that time, the permittee or owner shall have
filed with the Building Official notice of his intention to appeal
his decision to the Board of Adjustment. Any such sign displayed more
than forty-eight (48) hours after notice to remove said sign may be
removed by the City at the expense of the permittee or owner unless
the matter be pending on appeal to the Board of Adjustment or un-
less the decision of the Building Official has been reversed by the
Board of Adjustment.
(C) Signs Not To Constitute 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; or at any location where, by reason
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 or words commonly used on
traffic control signs or signals. [Ord. No.
ORD. NO. 9-82
PAGE 9 OF 12.
Sec. 653. 18 Sign Lighting. Gooseneck reflectors, spot-
lights, floodlights and other lights shall be permitted on ground
signs, roof signs and wall signs, provided, however, the reflectors
shall be provided with proper glass lenses concentrating the
illumination upon the area of the sign so as to prevent glare upon the
street or adjacent property. [Ord No
Sec. 653 . 19 Temporary On Premise Signs. Temporary signs
as used in this chapter are defined as signs constructed of cloth,
canvas, light fabric, cardboard, wallboard, plywood or other
light materials, with or without frames, intended to be displayed
for a short period of time only.
(A) General Regulations. No sign of any character shall be
suspended across any public street, avenue or alley; nor shall any
sign of any description be painted, pasted, printed or nailed on
any curb or sidewalk or upon any trees, light standards, utility
poles, hydrants, bridges, or any structures , other than awnings,
within the property lines of any street, avenue or alley within
the limits of the City of Cape Canaveral, except with the permission
of the City Council; nor shall any sign of any kind be attached to
any private wall, window, door, gate, fence or to any other private
structure except with the written permission of the owner or lessee
and as restricted otherwise in this chapter.
(B) These signs may be erected thirty (30) days prior to
opening a new business and shall be removed no later than sixty
(60) days after opening, or housing construction has stopped. Signs
for other specific events shall be removed within seven (7) days
after the conclusion of same. [Ord. No.
Sec. 653.20 Marquees.
(A) Marquee as regulated by this chapter shall include any
hood or awning of permanent construction projected from the wall of
a building above the entrance and extending over a thoroughfare.
(B) In addition to the General Regulations, the following
shall apply to marquees.
(1) All marquees including the anchors, bolts, support
rods and braces thereof, shall be designed by a registered
engineer and shall be properly guttered and connected by
down spout to a sewer so that the water therefrom will not
drip or flow on the public property, and the roof thereof
shall be used for no other purposes than to form and constitute
a roof.
*more than twenty (20) feet fran the exterior of the building
(2) No marquees shall be permitted to extend *.
closest to the road, but in no event shall come closer than ten (10) feet from the prop-
(3) Marquees shall be supported solely to the [missing text?]erty line.
building to which they are attached, and no columns or
posts shall be permitted as support thereof. The roof of
any marquee shall be designed and constructed to support
a live load of not less than one hundred (100) pounds per
square foot, except that this provision shall not apply
to awnings. No marquee shall be erected on any building
of wooden frame construction unless attached to the
masonry, concrete or steel supports of the building.
(4) Signs attached to or hung from a marquee shall
be completely within the border line of the marquee
outer edge. [Ord. No.
Sec. 653. 21 Awnings and Canopies.
(A) . Awning shall include any structure made of fire
resistant cloth, metal or plastic with a metal frame attached to a
building and projecting over a sidewalk or thoroughfare when the same
is so erected as to permit its being raised or lowered to a position
flat against the building when not in use. A canopy shall include
*Amended on Second Reading.
ORD. NO. 9-82
PAGE 10 OF 12.
any structure, other than an awning, made of fire resistant cloth,
plastic or metal with metal frames attached to a building, pro-
jecting over a thoroughfare or sidewalk and carried by a frame
supported by the ground or sidewalk.
(B) The General Regulations shall be modified for
awnings and canopies as follows:
(1) Canopies and awnings may be constructed of
fire resistant cloth, metal or plastic, but all frames
and supports shall be of metal.
(2) No canopy shall exceed ten (10) feet in width,
but there is no limitation on the width of awning. All
such awnings or portions of such awnings and canopies shall
be not less than seven (7) feet above the level of the
sidewalk, and shall not extend beyond a point two (2)
feet inside the curb line.
(3) Every awning shall be securely attached to and
supported by the building, and posts or columns beyond
the building line shall not be permitted. When such
building is less than ten (10) feet from public
property, no awning shall be attached to the wood jams,
frames or other wood members of the building. [Ord. No
Sec. 653. 22 Penalty for Violations. Any person who
knowingly violates or fails to comply with any of the provisions of
this chapter, or the erector, owner or user of an unlawful sign, or
the owner of the property on which an unlawful sign is located shall
be guilty of a misdemeanor of the second degree and upon conviction
thereof shall be punished as provided in Florida Statutes,
Sections 775 . 082 and 775. 083 .
Every day any violation of any provision, subsection or
section of this chapter shall continue or be omitted, if required
and neglected, shall constitute a separate offense, and subject
such violator to a separate fine or imprisonment, or both, for such
separate offense.
In addition to the provisions for criminal penalties provided
herein, any violation of the provisions of this chapter shall be
subject to enforcement by the City of Cape Canaveral Enforcement
Board hereby established pursuant to Florida Statutes, Chapter 166,
Part II , according to the procedures legally established for such
Board and subject to the penalties provided by Florida Statutes,
Chapter 166, Part II . The members of the Code Enforcement Board
shall be appointed by Resolution. [Ord. No.
Sec. 653 .25 Separability. If any section, subsection,
sentence, clause, phrase or portion of this chapter 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 portions thereof. [Ord. No.
Sec. 653. 26 Securities, Bond or Insurance.
(A) Bond. The owner or person in control of a sign,
awning, marquee or banner of any kind whatsoever, suspended over or
extending into any public right-of-way more than one (1) foot
beyond the property line, shall execute a bond in the sum of
Five Thousand Dollars ($5, 000.00) with sureties approved by the
City Attorney, indemnifying the City against all loss, cost, damage
or expenses incurred or sustained by, or judgments recovered against
the City, or by any of its officers , employees, appointees or
servants, by reason of the construction or maintenance.
ORD. NO. 9-82
PAGE 11 OF 12.
(B) Insurance. In lieu of the bond required in subsection
(A) above, the owner or person in control of a sign, awning, marquee
or banner of any kind suspended or extending into the public
right-of-way beyond one (1) foot of the property line, may substitute
therefor a Public Liability and Property Damage Insurance Policy
by any insurance company authorized to do business in the State of
Florida, in the same amount and with the same conditions as required
by subsection (A) above. [Ord. No.
SECTION 2 . All sections of the Code in conflict herewith,
are hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 1st day of June , 1982.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
NAME YES NO
CALVERT YES
HARRIS YES
MURPHY YES
NICHOLAS YES
RUTHERFORD YES
First Reading: 5-4-82
Posted: 5-4-82
Advertised: 5-10-82
Second Reading: 6-1-82
ORD. NO. 9-82
PAGE 12 OF 12.
To be Codified
Codified Sept 91
ORDINANCE NO. 33-90
AN ORDINANCE AMENDING CHAPTER 653, SIGN
CODE, OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; BY AMENDING THE POLITICAL SIGN
REGULATIONS; PROVIDING FOR SEVERABILITY;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED, by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Chapter 653, Sign Code, is hereby amended by
repealing Section 653. 21, Political Signs, in its entirety and
replacing it with the following:
Sec. 653 . 21 Political Signs. No political signs
shall be erected prior to the candidate qualifying
for office.
A. Specifications . The maximum size of a political
sign shall not exceed thirty-two ( 32) square feet in
face area. A double-faced (back to back) sign, or a
V-shaped sign attached at one end, shall be considered
one sign. Political signs shall be constructed out of
exterior wood (no less than 1/4" in thickness) ; or,
hard plastic, masonite, or particle board (no less
than 1/4" in thickness) . No cardboard or paper shall
be used in the construction of any political sign
except as a paper face if it rests entirely on the
aforementioned materials, and is securely attached to
the backing by adhesive over the entire surface.
Vehicle signs shall be allowed provided they do not
increase the dimensions of vehicles in excess of one-
eight ( 1/8) inch in any direction. All political
signs shall be securely fastened, anchored, placed and
maintained so as not to constitute a hazard.
B. Location. Political signs shall not be placed on
any City owned property or within any road or street
right-of-way. No signs shall be posted on trees,
utility poles or fence posts .
C. Permits. Each candidate shall obtain a sign
permit ($10.00) from the Building Department . This
permit covers all signs placed by the candidate.
Written consent of the property owner is required to
be submitted to the Building Department prior to
erecting the signs . Written permission of the
property owner is not required for placement of signs
in residentially zoned districts.
D. Deposit . A forty dollar ( $40.00) deposit shall
be paid to the City before any political signs are
erected. Said deposit shall be refunded provided the
signs are removed within five days of the election in
which the candidate ' s name appears . In the event the
signs are not removed, this amount shall be used to
defray the cost of removal of the signs by the City.
Ordinance No. 33-90
Page 1 of 2
E. District Regulations. Residential Districts (R-
1, R-2 and R-3 Zones) - Two ( 2) political signs, not
more than five ( 5) square feet in area each, shall be
allowed per lot .
Commercial (C-1 ) and Industrial (M-1 ) Zones -
Political signs not exceeding thirty-two (32) square
feet are allowed. Only one political sign per candi-
date shall be allowed on any one lot or parcel of
land, except for lots or parcels with two hundred
fifty (250) feet or more frontage, where two signs
shall be allowed. [Ord [illegible]]
SECTION 2 . SEVERABILITY: If any section, paragraph, subdiv-
ision, clause, sentence, or provision of this Ordinance shall be
adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate, or nullify the
remainder of this Ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause,
sentence, or provision involved in said controversy in which such
judgment shall be rendered.
SECTION 3 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 3rd day of January , 1991 .
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
KEDZIERSKI YES
PORTER YES
RANDELS YES
SALAMONE YES
THURM YES
First Reading: 12-18-91
Posted: 12-19-91
Advertised: 12-21-91
Second Reading: 1-3-91
Ordinance No. 33-90
Page 2 of 2
LDR
§ 653. 20 SIGN CODE § 653 .21
presenting an issue to be voted upon in the upcoming
election. [Ord. No. 18-72, § 3, 3 Oct 72; Ord. No. 9-
82 , § 1 , 1 Jun 82 ; Ord. No. 17-84, § 1 , 6 Nov 84]
Sec. 653. 21 Political Signs . No political signs
shall be erected prior to the candidate qualifying for
office.
copy from Ord 33-90
B. Location. Political signs shall not be placed
on any city owned property or within any road or street
right-of-way. No signs shall be posted on trees,
utility poles or fence posts .
C . Permits. Each candidate shall obtain a sign
permit ( $ 10. 00 ) from the Building Department. This
permit covers all signs placed by the candidate .
Written consent of the property owner is required to be
submitted to the Building Department prior to erecting
the signs . Written permission of the property owner is
not required for placement of signs in Residentially
zoned districts .
D. Deposit . A forty dollar ( $40 . 00) deposit shall
be paid to the City before any political signs are
erected. Said deposit shall be refunded provided the
signs are removed within five days of the election in
which the candidate ' s name appears. In the event the
signs are not removed, this amount shall be used to
defray the cost of removal of the signs by the City.
653. 21 SIGN CODE § 653. 23
copy from Ord 33-90
this goes in
Sec. 653 . 22 Off-Premise Signs.
A. Off-premise signs and signs on vacant property
which exist on the effective date of this Ordinance
shall remain until they are removed or fall into dis-
repair , but in no case longer than December 31 , 1993.
A sign is in disrepair when so determined by the City
Building Official at his discretion. When a sign is so
determined to be in a state of disrepair, the City
shall so notify the sign owner and the property owner
of the existing condition; and if the sign owner or
property owner fails or refuses to comply, the City may
remove said sign with all costs to be borne by the sign
owner or property owner. The procedure to be followed
by the City upon determination that a sign is in the
state of disrepair shall be the same as the procedure
established in Chapter XXII of the City Charter rela-
ting to "Abatement of Nuisances" . [Ord. No. 18-72, §
3, 3 Oct 72; Ord. No. 9-82, § 1 , 1 Jun 82 ; Ord. No. 17-
84, § 1 , 6 Nov 84 ]
Sec. 653. 23 Billboards.
A. No new billboards shall be erected in the City
of Cape Canaveral, Florida. Any new billboards erected
in violation of this paragraph shall be removed within
48 hours of notice to the sign owner and property owner.
If the sign owner or property owner fails to remove
said sign, the City shall do so at the sign owner ' s or
property owner ' s expense . [Ord. No. 22-71 , § 3, 4 Jan
72; Ord . No. 9-82, § 1 , 1 Jun 82 ; Ord. No. 17-84, § 1 ,
6 Nov 84 ]
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1 100 FILE COPY
CITY OF
CAPE CANAVERAL
November 27 , 1990
MEMORANDUM
TO: Edward Spenik, City Manager
FROM: James Morgan , Building Official
SUBJECT: Section 653 . 21 , Political Signs
During the last political campaign there were problems with signs
being an inch or two too large or too small to meet the require-
ments . Since there is a nominal variation in board sizes , it would
eliminate problems if some tolerance were allowed.
Consideration should be given to an amendment to the political sign
regulations which would allow some tolerance on the size of
political signs.
J&M
File History File Chapter 653
December 14 , 1990
PROPOSED AMENDMENT TO POLITICAL SIGN REGULATIONS
PREPARED BY COUNCIL MEMBER ANDY KEDZIERSKI
A. Specifications. The maximum size of a political sign shall not exceed thirty-
two square feet in face area. A double-faced (back to back) sign, or a V-shaped
sign attached at one end, shall be considered one sign. Political signs shall be
constructed out of one-quarter (1/4) inch or thicker wood, one-quarter (1/4) inch
or thicker particle board, masonite, hard plastic, or equal and encased with not
more than a 2" x 4" wood frame. No cardboard or paper shall be used in the
construction of any political sign except as a paper face if it rests entirely on the
above mentioned materials, and is securely attached to the backing by adhesive
or other methods over the entire surface. Vehicle signs shall be allowed
provided they do not increase the dimensions of vehicles in excess of one-eight
(1/8) inch in any direction. All political signs shall be securely fastened,
anchored, placed, and maintained so as not to constitute a hazard.
§ 653. 01 SIGN CODE § 653. 04
CHAPTER 653
SIGN CODE
Sec. 653. 01 Establishment of Sign Code. This
Chapter shall hereafter be known and cited as the "Sign
Code" . [Sign Ord. , §1, 30 mar 65; Ord. No. 9-82, §1, 1
Jun 82; Ord. No. 17-84, §1, 6 Nov 84 ]
Sec. 653. 02 Statement of Purpose and Scope.
(A) The purpose of this Chapter is to create
regulations for the design, construction and location
of signs that will protect the safety and welfare of
the public, eliminate dangerous and unsightly signs and
provide for adequate maintenance and inspection of
signs without impeding the inherent right of business
to advertise and reasonably assist potential customers
in locating and identifying any service or facility
they may desire to use or any product they may desire
to purchase.
(B) This Chapter is intended to cover all
requirements relative to types, sizes, heights, verbal
content, permissible locations, restrictions, permits
and licenses, inspections, indemnification, materials
of manufacture and/or construction, methods of
erection, maintenance, procedure for requesting
variances, and penalties for violation of the
provisions prescribed herein for all signs placed,
installed and/or erected within the limits of the City
of Cape Canaveral which are exposed to the out-of-doors
view of the public. [Ord. No. 9-82, §1, 1 Jun 82 ; Ord.
No. 17-84, §1, 6 Nov 84 ]
Sec. 653 . 03 Administrator. The Building Official
shall act as administrator of the provisions of this
Chapter, acting in lieu of the governing body. As used
in this Chapter, "administrator" shall include his
authorized representative. [Ord. No. 9-82, §1, 1 Jun
82; Ord. No. 17-84, §1, 6 Nov 84 ]
Sec. 653. 04 Definitions. Unless otherwise clearly
required by the context, the terms used in this Chapter
shall have the following meanings; the word "shall" is
always mandatory and not merely directory.
Attraction Board. Any sign on which the copy may
be manually changed from time to time by use of
changeable letters or panels.
Chapter Revised
6 Nov 84
§ 653 .04 SIGN CODE § 653 . 04
Awning . Any structure made of cloth or metal with
a metal framework attached to a building and projecting 328
over a thoroughfare, so erected as to permit its being
raised to a position flat against the building when not
in use.
Banner Sign. Any sign having the characters, letters ,
illustrations or ornamentations applied to cloth, paper
or fabric.
Billboard or Off-Premise Sign. A sign advertising
a product or service, including entertainment or candidacy,
which product or service is not available for sale or
performance at the place where the sign is located.
City. The City of Cape Canaveral, Florida.
City Council or Council. The City Council of the City
of Cape Canaveral, Florida.
Code Enforcement Board. A Board established by City
Code Chapter 265, to enforce the Code of Ordinances of the
City of Cape Canaveral.
Directional Sign. A sign directing or guiding traffic
or people to entrances, exits or parking.
Erect. Shall mean to build, construct, attach, hang,
place, suspend or affix, and shall also include the painting
of wall signs.
Exempt Signs. Signs exempted from normal permit
requirements.
Ground Sign. A sign when such sign is supported by
uprights or braces in or upon the ground.
Marquee Sign. A projecting sign attached to or hung
from a marquee or said 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.
Noncombustible Material. Is one which, in the form and
thickness in which it is used, meets any of the following
requirements:
(1) Materials which pass the test procedures for
defining noncombustibility of elementary materials set forth
in ASTM E136.
(2) Materials having a structural base of noncombustible
materials as defined in paragraph (1) , with a surfacing not
Chapter Revised
6 Nov 84
§ 653 .04 SIGN CODE § 653 . 04
more than one-eighth inch thick, which has a flame-spread
rating not greater than fifty (50) when tested in accordance
with the method of test for surface burning characteristics
of building materials set forth in ASTM E84 .
Nonconforming Sign. 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 regulations and restrictions of this Chapter,
or a nonconforming sign for which a special permit has been
issued.
Off-Site/Off-Premise Sign. A sign not related in its
subject matter to the premises on which it is located.
On-Site Sign. A sign related in its subject matter
to. the premises on which it is located.
Outdoor Advertising Display. Any letter, figure,
character, mark, plane, point, marquee, sign, 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
the same shall be used for attraction of the public to any
place, subject, person, firm, corporation, public performance,
article, machine or merchandise, whatsoever, which is displayed
in any manner whatsoever out-of-doors .
Owner. The person owning the fee-simple title to the
property upon which a sign is located for which a permit is
required.
Permittee. The person in possession or having the
beneficial use of property upon which a sign is located
for which a permit is required.
Person. Shall mean and include any person, firm,
partnership, association, corporation, company or other
legal entity.
Portable Signs. Signs that may be hauled or towed
from one location to another, are self-supporting, are
designed to be temporarily emplaced without a permanent
base or fastening.
Projecting Sign. A sign which is affixed to any
building wall or structure and extends beyond the building
wall, structure, building line or property line more than
twelve (12) inches.
Chapter Revised
6 Nov 84
§ 653 . 04 SIGN CODE § 653. 05
Registered Engineer. An engineer registered in the 329
State of Florida who is in good standing with the Florida
State Board of Engineering Examiners.
Roof Sign. Any sign erected upon, against or
directly above a roof or on top of or above the parapet
of a building .
Shopping Center. A building with two (2) or more
businesses used for the display or sale of merchandise.
Sign. Shall mean and include every display, billboard,
ground sign, wall sign, roof sign, illuminated sign,
projecting sign, temporary sign, marquee, awning and street
clock, and shall include any announcement, declaration,
demonstration, display, illustration or insignia used to
advertise or promote the interests of any person when the
same is placed out-of-doors in view of the general public.
Sign Erector or Contractor. Any person engaged in the
construction, reconstruction, or erection of any sign
requiring structural framework and support, or using
electric power, or requiring a scaffold for erection or
applications .
Sign Writer or Painter . Any person engaged in the
painting or application of signs on windows, doors, walls,
awnings or elsewhere, when such signs require no structural
framework or electric power.
Snipe Sign. 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.
Vehicular Sign. Any sign on a motor vehicle.
Wall Sign. A sign that is affixed to the wall of any
building, when such sign shall project not more than twelve
(12) inches from the building. Wall signs may not extend
above the roof line or facade. [Ord. No. 9-82, §1, 1 Jun 82;
Ord. No. 17-84 , §1, 6 Nov 84]
Sec. 653 . 05 Application. The following signs are
excluded from the operation of this Chapter unless
hereinafter noted.
Chapter Revised
6 Nov 84
330
§ 653 . 05 SIGN CODE § 653 . 05
(A) Signs painted on the exterior surface of
buildings, in accordance with Sec. 653 . 28
(B) Decals affixed to or signs painted on store
fronts , store equipment, canopies, fuel pumps, or other
types of vending equipment used for dispensing retail
products .
(C) Signs wholly within a building.
(D) Memorial signs , tablets, or placques, or names
of buildings on date of erection when the same are cut into
any masonry surface or when constructed of bronze or other
incombustible material.
(E) Professional name plates not exceeding three (3)
square feet in area.
(F) Bulletin boards not over eight (8) square feet
in area for public charitable or religious institutions
when the same are located on the premises of such institutions ,
and one (1) identification sign not exceeding ten (10) square
feet.
(G) Occupational signs denoting only the name and
profession of an occupant in a commercial building, public
institutional building or dwelling house, placed flat
against the exterior surface of the building and not exceeding
three (3) square feet in area, except in Residential Single
Family and Duplex where the size shall not exceed two (2)
square feet.
(H) Directional signs to historical or geographical
points of interest which are maintained or operated as
commercial attractions or enterprises .
(I) Traffic or other municipal signs, legal notices ,
danger signs and temporary emergency or nonadvertising signs .
(J) Signs consisting of an arrangement of a group of
single cut-out letters when securely fastened to a building
or structural part of building, in accordance with Sec. 653 . 28 .
[Ord. No. 9-82 , §1, 1 Jun 82; Ord. No. 17-84 , §1, 6 Nov 84]
Chapter Revised
6 Nov 84
§ 653 . 06 SIGN CODE § 653 . 06
Sec. 653 . 06 Prohibited Signs and Sign Features. 331
(A) Signs on Public Utility Poles and Trees . Signs,
regardless of whether exempt from permanent requirements,
including political signs, are prohibited on public utility
poles or trees .
(B) Obstruction of Free Ingress or Egress . No sign
shall be erected, relocated, or maintained so as to obstruct
free ingress to or egress from any door or fire escape, other
than warning signs . No sign of any kind shall be attached
to a standpipe or fire escape.
(C) Signs on Rights-of-Way. Signs, except for those
which are property of the State of Florida or of the City
of Cape Canaveral, or of the County of Brevard, shall not
be erected, posted, painted, tacked, nailed or otherwise
placed or located on or above any road rights-of-way.
(D) Flashing Signs Prohibited. Any sign which contains
or uses lights or lighting device or devices which flash or
alternate, are prohibited.
(E) 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.
(F) Signs on Vehicles . Signs which increase the
dimensions of vehicles in excess of one-eighth (1/8) inch
in any direction are prohibited, except for signs designating
Taxi, Ambulance, or the destination of public vehicles . All
other illuminated signs on vehicles are specifically prohibited.
(G) Off-Site Signs. It is the expressed legislative intent
of the City Council that there shall be a prohibition, without
any exceptions, against the use of any portion of a street,
sidewalk, alley, right-of-way, or public thoroughfare for the
display of merchandise for sale, or the location of portable or
movable signs or stands to advertise or draw attention to the
business or any person, or the parking of vehicles or other
type of contrivance which are in and of themselves unique and
unusual and are parked for the purpose of attracting attention
to the person' s place of business, or the parking of vehicles
or other types of contrivances to which there is attached a sign
advertising the business of or product sold by the
Chapter Revised
6 Nov 84
331
§ 653 .06 SIGN CODE § 653 .09
business or any person, firm or corporation or designed to
attract attention thereto, provided, however, that the
foregoing prohibition against the use of the streets for
the parking of vehicles is not intended to prohibit the
bonafide parking of any vehicle used primarily by the
owner thereof for the purpose of transportation, not
withstanding that such vehicle may have painted upon the
exterior surface the owner ' s name or address or business
slogan or trademark or other emblem which identifies
the vehicle ' s owner or business in a manner consistent
with that customarily found on commercial vehicles or
vehicles used for commercial purposes . [Sign Ord, §3 ,
30 Mar 65; Ord. No. 18-72 , §§ 1, 2, 3, 3 Oct 72 ; Ord.
No. 49-73 , §1, 18 Dec 73; Ord. No. 21-75 , §1, 7 Oct 75;
Ord. No. 23-77, §2 , 3 Jan 78 ; Ord . No. 9-82, §1, 1 Jun
82 ; Ord . No. 17-84 , §1, 6 Nov 84]
Sec . 653 . 08 Conformance. All signs or other advertising
structures erected within the limits of the City shall conform
to the provisions of this Chapter . Every sign or other
advertising structure lawfully permitted at the time of
adoption of this Chapter, which violates or does not conform
to the provisions hereof, shall be removed or altered or
replaced so as to conform with this Chapter by December
31, 1993 .
Sec. 653 . 09 Permits and Inspections .
(A) Permits Required.
(1) General. Except as otherwise provided in the
provisions of this Chapter, it shall be unlawful for any
person to paint, erect, construct, enlarge, move or make
structural alterations to any sign within the City or
cause the same to be done without first obtaining a sign
permit for each such sign from the Building Official as
required by this Chapter. These directives shall not be
construed to require any permit for a change of copy on a
sign, nor for the repainting, cleaning and other normal
maintenance or repair of a sign or structure for which a
permit has previously been issued, so long as the sign or
sign structure is not modified in any way.
No new permit is required for signs which have
permits and which conform with the requirements of 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.
Chapter Revised
6 Nov 84
§ 653 . 09 SIGN CODE § 653. 09
331
(2) Application for Erection Permit. Application
for erection permit shall be made upon forms provided
by the Building Inspector and shall contain or have
attached thereto the following information.
(a) Name, address and telephone number of the
applicant.
(b) Whether applicant is "owner" or "lessee" and,
if latter, show authority of owner.
(c) Location of building, structure, or lot to
which or upon which the sign or other advertising
structure is to be attached or erected.
(d) Plot plan showing position of the sign or
other advertising structure in relation to nearby
buildings or structures.
(e) Two (2 ) blueprints or ink drawings of the
plans and specifications and method of construction and
attachment to the building or in the ground.
(f) Name of person, firm, corporation or
association erecting structure.
(g) Any electrical permit required and issued for
each said sign.
(h) Such other information as the Building
Inspector shall require to show full compliance with
this and all other laws and regulations of the City.
(3) Issuance of Permit. When an application for
a permit for the erection, alteration or relocation of
a sign has been properly made and the sign complies
with the provisions of this Chapter and all other
applicable ordinances and regulations of the City, the
Building Official shall issue the requested permit. A
seperate electrical permit shall be required for any
sign containing electrical components to be connected
to an electrical energy source. If the work authorized
under an erection permit has not been completed within
six( 6 ) months after date of issuance, the said permit
shall become null and void.
Chapter Revised
6 Nov 84
332 § 653 . 09 SIGN CODE § 653. 09
(4) Revocation of Permit. The Building Official is
hereby authorized and empowered to revoke any permit
issued by him for failure of the permittee to comply
with any of the provisions of this Chapter. Such revocation
shall be in writing and shall show cause for the revocation
notice. Within seven (7) days after the mailing of notice
to him, the permittee may make written request to the City
Manager for a hearing before him to show cause why the
permit should not be revoked. Within ten (10) days from
the hearing date, the City Manager shall give him decision
in writing.
(5) Permit Fees . Permit fees for the erection,
alteration or relocation of a sign, exclusive of any costs
for an electrical permit, shall be as follows :
(a) For issuing a permit, the fee shall be ten
dollars ($10 . 00) .
(b) In addition, the inspection fee shall be cal-
culated at fifty (50) cents per square foot of sign
area. This calculation shall be based on the largest
sign area, in the case of sign of more than one face.
(c) If a reinspection is required, an additional
five dollars ($5 . 00) will be charged.
(d) If any person commences any work before obtaining
the necessary permit, all fees shall be doubled.
(e) For Political Signs, see Section 653 . 21 (A) .
(6) Inspection by Building Official . The Building
Official is hereby empowered to enter or inspect any
building, structure or premises in the City upon which,
or in connection with which a sign, as defined by this
Chapter, is located, for the purpose of inspection of the
sign, its structural details and electrical connections,
and to ensure compliance with the provisions of this Chapter.
Such inspections shall be carried out during business hours,
unless an emergency exists.
(7) Construction 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 require inspection and approval by the
Building Official. Authority for and time of such inspections
shall be as follows :
Chapter Revised
6 Nov 84
332A
§ 653 . 09 SIGN CODE § 653 . 15
(a) A footing inspection for all detached signs
shall be required.
(b) A final structural inspection shall be required
at completion of the work on all types of signs.
(c) A final electrical inspection shall be required
on all signs containing electrical components and
wiring to be connected to an electrical energy source.
(8) Annual Inspection. Each sign that required a
permit for erection may be inspected annually by the
Building Official to ascertain whether the sign is being
maintained in a safe condition, and whether it is in need
of maintenance or removal. When the inspection reveals
repair or maintenance is needed, the owner shall be
notified in writing. The owner shall have ten (10) days
to make said repairs or remove the sign. If this order
is not complied with, the Building Official may remove the
sign and a lien may be filed against the property for said
expense incurred in removal of the sign. [Sign Ord. , §5 ,
30 Mar 65 ; Ord . No. 9-82 , §1, 1 Jun 82; Ord. No. 17-84,
§1, 6 Nov 84]
Sec. 653 . 10 Identification of Signs. Every outdoor
advertising display sign hereinafter erected, constructed
or maintained, for which a permit is required, shall be
plainly marked with the name of the person, firm or
corporation erecting and maintaining such sign and shall
have affixed on the front thereof the permit number issued
for said sign by the Building Official. [Ord. No. 9-82,
§1, 1 Jun 82; Ord. No. 17-84 , §l, 6 Nov 84]
Sec. 653 . 15 Wind Pressure and Dead Load Requirements .
All signs and other advertising structures shall be designed
and constructed to withstand a wind velocity as set forth
in the Standard Building Code, as amended, and shall be
constructed to receive dead loads as required by the said
Standard Building Code, as amended, or other Codes of the
City of Cape Canaveral, FLorida. [Sign Ord. §6, 30 Mar 65;
Ord. No. 9-82 , §1, 1 Jun 82; Ord. No. 17-84 , §1, 6 Nov 84]
Chapter Revised
6 Nov 84
§653. 17 SIGN CODE §653 . 17
Sec. 653. 17 Abandoned Signs 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 ( 10 ) days of the service of
written notice from the Building Official to so do ,
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 ( 6 ) consecutive months
prior to the date of said notice from the Building Offi-
cial . If the order to remove is not complied with, the
Building Official may remove the sign and a lien may be
filed against the property for said expense incurred in
removal of the sign.
( B ) Hazardous Signs. The Building Official shall
refuse to issue a permit for any sign which will consti-
tute a hazard and a potential menace to the safety of
the public and may require the removal of any sign
which is not properly maintained or which otherwise
shows signs of neglect or which is or will become un-
safe and constitute a hazard to the safety of the pub-
lic. It shall be unlawful for any permittee or owner
to continue to display any sign that constitutes a haz-
ard after forty-eight ( 48 ) hours from the time of no-
tice by the Building Official requesting the removal of
such sign , unless within that time, the permittee or
owner shall have filed with the Building Official no-
tice of his intention to appeal his decision to the
Code Enforcement Board. Any such sign displayed more
than forty-eight ( 48 ) hours after notice to remove said
sign may be removed by the City at the expense of the
permittee or owner unless the matter be pending an ap-
peal to the Code Enforcement Board or unless the deci-
sion of the Building Official has been reversed by the
Code Enforcement Board.
(C ) Signs Not to Constitute 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; or at any location where, by reason 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 or words commonly used on traffic
control signs or signals . Visibility at intersections
shall be in accordance with Section 639 . 25 of the City
Code. [Sign Ord. §6, 30 Mar 1965; Ord. No. 9-82 , §1 , 1
Jun 1982 ; Ord. No. 17-84, §1, 6 Nov 1984]
CHAPTER REVISED
6 NOV 84
§653. 18 SIGN CODE §653 . 19
Sec . 653 . 18 Sign Lighting . Gooseneck reflectors,
spotlights, floodlights and other lights shall be per-
mitted on ground signs, roof signs and wall signs, pro-
vided, however, the reflectors shall be provided with
proper glass lenses concentrating the illumination upon
the area of the sign so as to prevent glare upon the
street or adjacent property. [ Sign Ord . §9 , 30 Mar
1965 ; Ord . No. 9-82 , §1 , 1 Jun 1982 ; Ord. No. 17-84 ,
§1, 6 Nov 1984 ]
Sec . 653 . 19 Temporary On-Premise Signs. Temporary
signs as used in this Chapter are defined as signs con-
structed of cloth, canvas , light fabric , cardboard,
wallboard, plywood or other light materials , with or
without frames , intended to be displayed for a short
period of time only.
? (A) General Regulations . No sign or any charac-
ter shall be suspended across any public street , avenue
or alley ; nor shall any sign or any description be
painted, pasted, printed or nailed on any curb or side-
walk or upon any trees, light standards, utility poles,
hydrants, bridges , or any structures , other than awn-
ings , within the property lines of any street, avenue
or alley within the limits of the City of Cape Canav-
eral , except with the permission of the City Council;
nor shall any sign of any kind be attached to any pri-
vate wall , window, door , gate, fence or to any other
private structure, except with the written permission
of the City Council ; nor shall any sign of any kind be
attached to any private wall, window, door, gate , fence
or to any other private structure except with the writ-
ten permission of the owner or lessee and as restricted
otherwise in this Chapter.
( B ) These signs may be erected sixty ( 60 ) days
prior to opening a new business or start of construc-
tion . For good cause shown, the Building Official may
grant two (2 ) additional extensions of sixty ( 60 ) days
each . These signs shall be removed no later than
thirty ( 30 ) days after opening , or construction has
stopped . Signs for other specific events shall be
removed within seven ( 7 ) days after the conclusion of
same . [ Ord. No . 23-77 , §5, 3 Jan 1978; Ord. No. 9-82,
§1, 1 Jun 1982 ; Ord. No. 17-84 , §1 , 6 Nov 1984 ; Ord.
No. 16-86, §1, 5 Aug 1986 ]
PAGE REVISED
5 AUG 86
Codified Jan 90
384 § 653 . 20 SIGN CODE § 653 . 21
Sec. 653 . 20 Off-Premise Signs and Signs on Vacant
Land Generally Prohibited.
A. No off-premise signs or signs on vacant land
shall be erected, posted, painted, tacked, nailed or
otherwise placed or located anywhere in the City of
Cape Canaveral. Any off-premise sign is defined as a
sign not related to the subject matter of the use of
the premises on which the sign is located. This prohi-
bition shall not apply to real estate or political
signs. A real estate sign shall be any sign used sole-
ly for the sale or lease of property on which the sign
is located. A political sign shall he any sign used
solely to present information suggesting a candidate ' s
suitability for elected public office, or presenting an
issue to be voted upon in the upcoming election. [Ord.
No. 18-72, § 3 , 3 Oct 72; Ord. No. 9-82 , § 1 , 1 Jun 82 ;
Ord. No. 17-84 , § 1 , 6 Nov 84 ]
Sec. 653.21 Political Signs. No political signs
shall be erected prior to the candidate qualifying for
office.
A. Specifications. The maximum size of a political
sign shall not exceed thirty-two ( 32) square feet in
face area. The minimum size of a political sign shall
not be less than five ( 5) square feet in face area. A
doubled-faced (back to back) sign, or a V-shaped sign
attached at one end, shall be considered one sign.
Political signs shall be constructed out of one-half
( 1/2 ) inch or thicker wood, hard plastic, masonite or
flake hoard. No cardboard or paper shall be used in
the construction of any political sign except as a
paper face if it rests entirely on the aforementioned
materials , and is securely attached to the backing by
adhesive over the entire surface. Vehicle signs shall
be allowed provided they do not increase the dimensions
of vehicles in excess of one-eighth ( 1/8 ) inch in any
direction. All political signs shall be securely fas-
tened, anchored, placed and maintained so as not to
constitute a hazard.
B. Location. Political signs shall not be placed on
any city owned property or within any road or street
right-of-way. No signs shall be posted on trees, util-
ity poles or fence posts.
PAGE REVISED
1 AUG 89
§ 653 . 21 SIGN CODE § 653. 22 334A
C . Permits . Each candidate shall obtain a sign per-
mit ( $ 10 . 00) from the Building Department. This permit
covers all signs placed by the candidate. Written con-
sent of the property owner is required to be submitted
to the Building Department prior to erecting the signs .
Written permission of the property owner is not re-
quired for placement of signs in Residentially zoned
districts.
D. Deposit. A forty dollar ( $40 .00 ) deposit shall
be paid to the City before any political signs are erec-
ted . Said deposit shall be refunded provided the signs
are removed within five days of the election in which
the candidate ' s name appears. In the event the signs
are not removed, this amount shall be used to defray
the cost of removal of the signs by the City.
E. District Regulations. Residential Districts (R-
1 , R-2 & R-3 Zones) - Two ( 2) political signs, five ( 5)
square feet in area each, shall be allowed per lot.
Commercial (C-1 ) and Industrial (M-1 ) Zones - Political
signs not exceeding thirty-two square feet or less than
five square feet are allowed. Only one political sign
per candidate shall be allowed on any one lot or parcel
of land, except for lots or parcels with two hundred
fifty ( 250) feet or more frontage, where two signs
shall be allowed. [Ord. No. 18-72, 5 3, 3 Oct 72 ; Ord.
No. 9-82, § 1 , 1 Jun 82 ; Ord. No. 17-84 , § 1 , 6 Nov 84;
Ord. No. 7-89 , 5 1 , 1 Aug 89]
Sec. 653 . 22 Off-Premise Signs.
A. Off-premise signs and signs on vacant property
which exist on the effective date of this Ordinance
shall remain until they are removed or fall into disre-
pair, but in no case longer than December 31 , 1993 . A
sign is in disrepair when so determined by the City
Building Official at his discretion. When a sign is so
determined to be in a state of disrepair , the City
shall so notify the sign owner and the property owner
of the existing condition; and if the sign owner or
property owner fails or refuses to comply, the City may
remove said sign with all costs to be borne by the sign
owner or property owner. The procedure to be followed
by the City upon determination that a sign is in the
state of disrepair shall be the same as the procedure
PAGE REVISED
1 AUG 89
334B § 653 .22 SIGN CODE § 653 . 24
established in Chapter XXII of the City Charter relat-
ing to "Abatement of Nuisances" . [Ord . No. 18-72, 5 3 ,
3 Oct 72 ; Ord. No. 9-82, § 1 , 1 Jun 82 ; Ord. No. 17-84,
§ 1 , 6 Nov 84]
Sec. 653 .23 Billboards.
A. No new billboards shall be erected in the City of
Cape Canaveral, Florida. Any new billboards erected in
violation of this paragraph shall be removed within 48
hours of notice to the sign owner and property owner.
If the sign owner or property owner fails to remove
said sign, the City shall do so at the sign owner ' s or
property owner ' s expense. [Ord. No. 22-71 , 5 3, 4 Jan
72 ; Ord. No. 9-82, 5 1 , 1 Jun 82 ; Ord. No. 17-84 , 5 1 ,
6 Nov 84]
Sec. 653 .24 Temporary Off-Premise Signs.
A . Temporary off-premise signs are those signs on
property other than where the business or activity is
located. There shall be a limit of one ( 1 ) sign per
business or activity erecting a temporary off-premise
sign.
1 . Signs may be erected only by the following:
a. A housing project or subdivision within the
City of Cape Canaveral consisting of ten ( 10) or
more residential units.
b. Any new business opening within the City of
Cape Canaveral.
2 . Any such sign is limited in size to fifty ( 50)
square feet per face and may be double-faced. It
shall be constructed of sturdy materials as approved
by the Building Official. There shall be no illumi-
nation of any sort provided specifically for the
sign.
3 . The signs may be erected thirty ( 30 ) days
prior to opening a new business and shall be removed
no later than sixty ( 60) days after opening , or
housing construction has stopped.
4 . Signs may be placed in the R-2 , R-3 , C-1 and
M-1 Zones with limits as indicated .
PAGE REVISED
1 AUG 89
334C 5 653 . 24 SIGN CODE 5 653. 25
a. Astronaut Boulevard, minimum 50 feet from
the right-of-way, maximum height of 15 feet.
b. Old State Road 401 , minimum 10 feet from
the right-of-way, maximum height of 8 feet.
c. Ridgewood Avenue, minimum 10 feet from the
right-of-way, maximum height of 8 feet.
If these zones are changed by a subsequent zoning
change , then the boundaries as defined by the zoning
Ordinance in effect at the time of this Code Chapter
shall transfer to the new zones in the exact loca-
tions as they presently are regardless of the
changed zone classification.
5 . The written consent of the property owner must
accompany each application for sign permit. The
agent for the owner will verify in writing the au-
thority to execute a consent form. [Ord. No. 23-77 ,
§ 2 , 3 Jan 78 ; Ord. No. 9-82, 5 1 , 1 Jun 82 ; Ord .
No. 17-84, 5 1 , 6 Nov 841
Sec. 653 . 25 Marquees .
A. Marquee as regulated by this Chapter shall in-
clude any hood or awning of permanent construction
projected from the wall of a building above the en-
trance and/or extending over a thoroughfare.
B. In addition to the General Regulations, the fol-
lowing shall apply to marquees :
1 . All marquees , including the anchors, bolts ,
support rods and braces thereof , shall be designed
by a registered engineer and shall be properly gut-
tered and connected by down spout to a sewer so that
the water therefrom will not drip or flow on the
public property, and the roof thereof shall be used
for no other purpose than to form and constitute a
roof.
2 . No marquees shall be permitted to extend more
than twenty ( 20) feet from the exterior of the build-
ing closest to the road, but in no event, shall come
closer than ten ( 10) feet from the property line.
3 . Marquees shall be supported solely to the
building to which they are attached, and no columns
PAGE REVISED
1 AUG 89
? { § 653 . 25 SIGN CODE § 653 .26
()
or posts shall be permitted as support thereof. The
roof of any marquee shall be designed and . construc-
ted to support a live load of not less than one
hundred ( 100) pounds per square foot, except that
this provision shall not apply to awnings . No mar-
quee shall be erected on any building of wooden
frame construction unless attached to the masonry,
concrete or steel supports of the building.
4 . Signs attached to or hung from a marquee shall
be completely within the border line of the marquee
outer edge. [Sign Ord. , § 12 , 30 Mar 65 ; Ord . No.
9-82, § 1 , 1 Jun 82 ; Ord. No. 17-84 , § 1 , 6 Nov 84]
Sec. 653 .26 Awnings and Canopies.
A. Awning shall include any structure made of fire
resistant cloth, metal or plastic with a metal frame
attached to a building and projecting over a sidewalk
or thoroughfare when the same is so erected as to per-
mit its being raised or lowered to a position flat
against the building when not in use. A canopy shall
include any structure other than an awning, made of
fire resistant cloth, plastic or metal with metal
frames attached to a building, projecting over a thor-
oughfare or sidewalk and carried by a frame supported
by the ground or sidewalk.
B . The General Regulations shall be modifiea . for
awnings and canopies as follows:
1 . Canopies and awnings may he constructed of
fire resistant cloth, metal or plastic, but all
frames and supports shall be metal.
2 . No canopy shall exceed ten ( 10 ) feet in width,
but there is no limitation on the width of awning .
All such awnings or portions of such awnings and
canopies shall be not less than seven (7 ) feet above
the level of the sidewalk, and shall not extend be-
yond a point two ( 2 ) feet inside the curb line.
3 . Every awning shall be securely attached to and
supported by the building, and posts or columns be-
yond the building line shall not be permitted. When
such building is less than ten ( 10 ) feet from public
PAGE REVISED
1 AUG 89
§ 653 . 26 SIGN CODE § 653 . 27
property, no awning shall be attached to the wood 334E
jambs , frames or other wood members of the building .
[Sign Ord. , § 13, 30 Mar 65; Ord. No. 9-82, § 1 , 1
Jun 82 ; Ord. No. 17-84, § 1 , 6 Nov 84]
Sec. 653 . 27 Criteria and Standards for the Measure-
ment and Placement of Signs .
A. Area. The permitted area of signs, unless other-
wise specified herein, is dependent on street frontage
and shall be computed on the basis of one square foot
of sign area for each lineal foot of frontage up to the
maximums specified in Section 653 . 28 , Special District
Regulations. However, this computation shall not serve
to limit a sign area to less then thirty-two ( 32)
square feet. For the purpose of determining area, the
total area is that within the smallest parellelogram,
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. Combinations of Signs . Except where specifically
permitted, the types and areas of signs may not be com-
bined to allow a larger size than that listed for a
single sign. Ground or projecting 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 ( 2 ) ground or projecting
signs are used on a corner lot, the area of both signs
may not exceed the area allowed for frontage as pre-
viously defined.
D. Display of Permit Number. The sign permit for
all signs requiring a permit shall be prominently dis-
played by the owner/user of the sign( s ) on the property
where the sign is located.
E . Height, Setback and Location Measurements. Mea-
surements for height, 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, except for the thickness of wall signs,
PAGE REVISED
1 AUG 89
334F § 653.27 SIGN CODE § 653 .28
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 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/corner of the sign unless otherwise specified.
F. Ground Signs. Ground signs lower than nine ( 9)
feet above grade, measured to bottom of sign, shall be
set back a minimum of six ( 6) feet from the property
line. Ground signs above nine ( 9 ) feet from grade
level to the bottom of the sign shall be set back a
minimum of two ( 2 ) feet from the property line. Within
a fifty ( 50) foot arc of any intersection, measured to
the point of paving intersection, the sign shall be a
minimum of ten ( 10 ) feet in height from the bottom of
the sign to the grade level with only a single sup-
porting member of eight ( 8 ) inches or less between the
sign and the ground.
G. Sign Size Limit. No sign shall be supported so
that the uppermost edge is more than thirty ( 30) feet
above the ground. This limitation shall not apply to
any sign on the face of the building. Any sign which
is not attached to a building shall not exceed one-hun-
dred fifty ( 150) square feet on its largest front.
[Ord. No. 17-84, § 1 , 6 Nov 84]
Sec. 653 . 28 Special District Regulation.
A. R-1 , Low Density Residential District. The fol-
lowing signs are permitted in R-1.
1 . Real estate signs, not exceeding six ( 6 )
square feet in area, located on the property offered.
There shall be no more than two ( 2 ) of these signs
per property.
2 . Political signs in accordance with Section
653. 21 .
3. Construction signs and future improvement
signs in accordance with Section 653 . 19.
PAGE REVISED
1 AUG 89
§ 653 . 28 SIGN CODE § 653 .28 334G
4. Home occupation sign which is non-illuminated
and not exceeding two ( 2) square feet in area, may
be displayed affixed flat against the exterior sur-
face at a position not more than two ( 2 ) feet
distant from the main entrance of the dwelling unit
concerned. There shall be no more than one ( 1 ) of
these signs per unit.
The following signs are prohibited in R-1:
1 . Any sign not specifically permitted is prohib-
ited.
B. R-2, Medium Density Residential District
The following signs are permitted in R-2:
1 . Real estate signs not exceeding thirty-two
( 32 ) square feet in area, or six ( 6) square feet if
on single family or duplex lots. There shall he no
more than two ( 2 ) of these per property.
2 . Political signs in accordance with Section
653 . 21 .
3 . Construction signs and future improvement
signs in accordance with Section 653.19.
4 . Home occupation sign which is non-illuminated
and not exceeding two ( 2) square feet in area-, may
be displayed affixed flat against the exterior sur-
face at a position not more than two ( 2 ) feet
distant from the main entrance of the dwelling unit
concerned. There shall be no more than one ( 1 ) of
these signs per unit.
5 . The following signs are permitted and the area
of each is determined in accordance with Sec.
653 .27(A):
a. One ground sign. Maximum area of sign is
seventy-five ( 75) square feet . Maximum height is
twenty-five ( 25 ) feet. Maximum width is twenty-
five (25 ) feet.
b. One wall sign per each building. Maximum
area of sign is one hundred twenty-eight ( 128 )
square feet.
PAGE REVISED
1 AUG 89
334 § 653 . 28 SIGN CODE 5 653. 28
The following signs are prohibited in R-2 :
1 . Any sign not specifically permitted is prohib-
ited.
C . R-3, Medium Density Residential District
The following signs are permitted in R-3 :
1 . Real estate sign, not exceeding thirty-two
( 32) square feet and limited to one per lot or
parcel . For lots or parcels in excess of two hun-
dred fifty foot frontage, two ( 2 ) signs, a maximum
of thirty-two ( 32 ) square feet each may be used.
2 . Political signs in accordance with Section
653 .21 .
3 . Construction signs and future improvement
signs in accordance with Section 653 . 19 .
4 . Home occupation sign which is non-illuminated
and not exceeding two ( 2) square feet in area, may
be displayed affixed flat against the exterior sur-
face at a position not more than two ( 2) feet
distant from the main entrance of the dwelling unit
concerned. There shall be no more than one ( 1 ) of
these signs per unit.
5 . The following signs are permitted and the.... area
of each is determined in accordance with Section
653 . 27(A) :
a. One ground sign. Maximum area of sign is
one hundred ( 100) square feet. Maximum height is
thirty ( 30 ) feet. Maximum width is twenty-five
( 25) feet.
b. One wall sign per each building. Maximum
area of sign is one hundred twenty-eight ( 128 )
square feet.
The following signs are prohibited in R-3 :
1 . Any sign not specifically permitted is prohib-
ited.
PAGE REVISED
1 AUG 89
653 .28 SIGN CODE § 653 .28 334I
D. C-1 , Low Density Commercial District and M-1, Light
Industrial and Research and Development.
The following signs are permitted in C-1 and M-1:
1. Real estate signs , not exceeding thirty-two
(32) square feet and limited to one per lot or
parcel. For lots or parcels in excess of two hun-
dred fifty (250) foot frontage, two (2) signs , a
maximum of thirty-two (32) square feet each may be
used.
2. Political signs in accordance with Section
653. 21.
3. Construction signs and future improvement
signs in accordance with Section 653.19.
4. Home occupation sign which is non-illuminated
and not exceeding (2) square feet in area, may be
displayed affixed flat against the exterior surface
at a position not more than two (2) feet distant
from the main entrance of the dwelling unit con-
cerned. There shall be no more than one (1) of
these signs per unit.
5 . Three (3) of the following signs , the area of
each is determined in accordance with Section
653. 27(A):
a. One ground or projection sign per building
or on each street frontage.
1 . Maximum area of ground sign or combi-
nation is one hundred fifty (150) square feet.
2 . Maximum height of ground sign is thirty
(30) feet.
3 . Maximum width of ground sign is twenty-
five (25) feet.
b. One wall sign on each end of the building
perpendicular to the road or street.
1 . Maximum area of each sign is one hundred
twenty-eight (128) square feet.
PAGE REVISED
1 AUG 89
334J § 653.28 SIGN CODE § 653.28
c. One wall sign parallel to the road or
street.
1. Maximum area of sign is one hundred
sixty (160) square feet.
d. One marquee sign parallel to the road or
street.
1. Maximum area of sign is ninety-six (96)
square feet.
e. One roof sign:
1. Maximum area of sign is ninety-six (96)
square feet.
The following signs are prohibited in C-1 and M-1:
1. Any sign not specifically permitted is prohib-
ited.
E . Shopping Center in any Zone.
The following signs are permitted:
1. Real estate sign not exceeding thirty-two (32)
square feet and limited to one (1) per lot or parcel .
For lots or parcels in excess of two hundred fifty
(250) square feet each, two (2) signs, a maximum of
thirty-two (32) square feet each, may be used.
2. Political signs in accordance with Section
653.21.
3. Construction signs and future improvement
signs in accordance with Section 653 . 19.
4. One (1) wall or marquee sign per business .
Maximum area of sign equal to fifteen (15) per cent
of the front wall space height multiplied by the
business frontage including all door and window
areas; however, the maximum area shall not exceed
one hundred twenty-eight (128) square feet perpen-
dicular to road and one hundred sixty (160) square
feet parallel to the road.
PAGE REVISED
1 AUG 89
§ 653 . 28 SIGN CODE § 653 . 29 334K
5. One ( 1 ) projecting sign per business, below a
marquee or canopy. Minimum height of sign is eight
( 8) feet above sidewalk. Sign may not project be-
yond canopy, marquee or sidewalk.
6 . The following signs are permitted, and the
area of each is determined in accordance with Sec-
tion 653.27 (A) .
a. One ( 1 ) ground sign per building or on each
street frontage. Maximum area of sign is one
hundred fifty ( 150) square feet, excluding exempt
directory signs . Maximum height of ground sign
is thirty ( 30 ) feet. Maximum width of ground
sign is twenty-five ( 25) feet.
b. One ( 1 ) wall sign on each end of the
building . Maximum area of each sign is one hun-
dred twenty-eight ( 128 ) square feet.
The following signs are prohibited:
Any sign not specifically permitted is prohib-
ited. [Ord. No. 17-84, § 1 , 6 Nov 84 ; Ord. No.
7-89, § 1 & 2 , 1 Aug 89 ]
Sec. 653 . 29 Penalty for Violations . Any person who
knowingly violates or fails to comply with any of the
provisions of this Chapter, or the erector, owner or
user of an unlawful sign, or the owner of the property
on which an unlawful sign is located , shall be guilty
of a misdemeanor of the second degree and upon convic-
tion thereof, shall be punished as provided in Florida
Statutes, Sections 775 .082 and 775 . 083. Every day any
violation of any provisions, subsection or section of
this Chapter shall continue or be omitted, if required
and neglected, shall constitute a separate offense, and
subject such violator to a separate fine or imprison-
ment, or both, for such separate offense.
Every day any violation of any provision, subsection
or section of this Chapter shall continue or be omit-
ted, if required and neglected, shall constitute a
separate offense, and subject such violator to a sepa-
rate fine or imprisonment, or both, for such separate
offense .
PAGE REVISED
1 AUG 89
§ 653. 29 SIGN CODE § 653. 31
In addition to the provisions for criminal penalties
provided herein, any violation of the provisions of
this Chapter shall be subject to enforcement by the
City of Cape Canaveral Code Enforcement Board establish-
ed by Code Chapter 265, according to the procedures
legally established for such Board and subject to the
penalties provided by Florida Statute, Chapter 162 .
[Ord. No. 9-82 , § 1 , 1 Jun 82 ; Ord. No. 21-82 , § 1 , 21
Dec 82 ; Ord. No . 17-84 , § 1 , 6 Nov 84]
Sec. 653 . 30 Separability. If any section, subsec-
tion, sentence, clause, phrase or portion of this
Chapter is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and inde-
pendent provision and such holding shall not affect the
validity of the remaining portions thereof. [Sign Ord.
§ 15 , 30 May 65 ; Ord. No. 9-82, § 1 , 1 Jun 82; Ord. No.
17-84 , § 1 , 6 Nov 84]
Sec. 653 . 31 Securities, Bond or Insurance.
A. Bond. The owner or person in control of a sign,
awning, marquee or banner of any kind whatsoever, sus-
pended over or extending into any public right-of-way
more than one (1) foot beyond the property line, shall
execute a bond in the sum of five thousand ($5,000)
dollars with sureties approved by the City Attorney,
indemnifying the City against all loss, cost, damage or
expenses incurred or sustained by, or judgments re-
covered against the City, or by any of its officers ,
employees, appointees or servants, by reason of the
construction or maintenance.
B. Insurance. In lieu of the bond required in sub-
section (A) above, the owner or person in control of a
sign, awning, marquee or banner of any kind suspended
or extended into the public right-of-way beyond one (1)
foot of the property line, may substitute, therefore , a
Public Liability and Property Damage Insurance Policy
by an insurance company authorized to do business in
the State of Florida, in the same amount and with the
same conditions as required by Subsection (A) above.
[Sign Ord. § 16, 30 Mar 65 ; Ord. No. 9-82, § 1 , 1 Jun
82 ; Ord. No. 17-84, § 1 , 6 Nov 84]
PAGE REVISED
1 AUG 89
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
CAPE CANAVERAL
May 15, 1990
FIRST ERRATA SHEET
SIGN CODE
CITY CODE CHAPTER 653
WHEREAS, Ordinance No. 7-89 amended Chapter 653, Sign Code,
of the Code of Ordinances of the City of Cape Canaveral, Florida;
and
WHEREAS, during the 1990 Codification it was discovered that
sub-paragraph 653. 19(A) was not in the proper location in the
Code; and
WHEREAS, a typographical error was responsible for the
clerical mistake;
NOW, THEREFORE, this typographical error has been rectified
and said sub-paragraph shall hence forth be labeled Section
653. 16, General Regulations.
[signature]
James S . Theriac III
City Attorney
History File
to be Codified
Codified Jan 90
ORDINANCE NO. 7-89
AN ORDINANCE AMENDING CHAPTER 653,
SIGN CODE , OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, BY AMENDING
THE POLITICAL SIGN REGULATIONS;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE .
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Section 653. 21 , Political Signs, is hereby amended to
read as follows:
Sec. 653. 21 Political Signs. No political signs shall
be erected prior to the candidate qualifying for
office.
A. Specifications. The maximum size of a political
sign shall not exceed thirty-two (32) square feet in
face area. The minimum size of a political sign shall
not be less than five (5) square feet in face area.
A doubled-faced (back to back) sign, or a V-shaped sign
attached at one end, shall be considered one sign.
Political signs shall be constructed out of one-half
(1/2) inch or thicker wood, hard plastic, masonite or
flake board. No cardboard or paper shall be used in
the construction of any political sign except as a
paper face if it rests entirely on the aforementioned
materials, and is securely attached to the backing by
adhesive over the entire surface. Vehicle signs shall
be allowed provided they do not increase the dimensions
of vehicles in excess of one-eighth (1/8) inch in any
direction. All political signs shall be securely
fastened, anchored, placed and maintained so as not to
constitute a hazard.
B. Location. Political signs shall not be placed on
any City owned property or within any road or street
right-of-way. No signs shall be posted on trees,
utility poles or fence posts.
C. Permits. Each candidate shall obtain a sign permit
($ 10.00) from the Building Department. This permit
covers all signs placed by the candidate. Written
consent of the property owner is required to be submit-
ted to the Building Department prior to erecting the
signs . Written permission of the property owner is not
required for placement of signs in Residentially zoned
districts.
D. Deposit. A forty dollar ($40.00) deposit shall be
paid to the City before any political signs are erected.
Said deposit shall be refunded provided the signs are
removed within five days of the election in which the
candidate's name appears. In the event the signs are
not removed, this amount shall be used to defray the
cost of removal of the signs by the City.
ORDINANCE NO. 7-89
PAGE 1 OF 2
E . District Regulations.
Residential Districts (R-1 , R-2 & R-3 Zones) - Two ( 2)
political signs, five ( 5) square feet in area each,
shall be allowed per lot.
Commercial (C-1 ) and Industrial (M-1 ) Zones - Political
signs not exceeding thirty-two square feet or less than
five square feet are allowed. Only one political sign
per candidate shall be allowed on any one lot or parcel
of land, except for lots or parcels with two hundred
fifty ( 250) feet or more frontage, where two signs
shall be allowed. [Ord. No. 18-2, §3, 3 Oct 72; Ord. No. 9-82,
§1, 1 JUN 82; Ord. No. 17-84, §1, 6 NOV 84; Ord. No. 7-89, §1, 1 Aug 89]
SECTION 2. Section 653 . 28, sub-paragraphs (AI( 2) , (B) ( 2) ,
(C) ( 2 ) , ( D) ( 2 ) , and (E ) ( 2) and hereby amended to read as follows:
Political signs in accordance with Section 653 .21 .
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 1st day of August , 1989 .
ORDINANCE NO. 7-89
PAGE 2 OF 2
34 §653 . 20 SIGN CODE §653.21
Sec. 653 .20 Off-Premise Signs and Signs on Vacant Land
Generally Prohibited.
(A) No off-premise signs or signs on vacant land shall
be erected, posted, painted, tacked, nailed or otherwise
placed or located anywhere in the City of Cape Canaveral .
Any off-premise sign is defined as a sign not related to
the subject matter of the use of the premises on which the
sign is located. This prohibition shall not apply to real
estate or political signs. A real estate sign shall be any
sign used solely for the sale or lease of property on which
the sign is located. A political sign shall be any sign
used solely to present information suggesting a candidate' s
suitability for elected public office, or presenting an
issue to be voted upon in the upcoming election. [Ord. No.
18-72, §3 , 3 Oct 72; Ord. No. 9-82, §1, 1 Jun 82; Ord. No.
17-84, §1, 6 Nov 84]
Sec. 653. 21 Political Signs.
(Copy from Ord. No. 18-72) PAGE REVISED
1 AUG 89
§ 653 . 22 SIGN CODE § 653 . 24 334A
Section 653 . 22 Off-Premise Signs.
(A) Off-premise signs and signs on vacant property
which exist on the effective date of this Ordinance shall
remain until they are removed or fall into disrepair, but
in no case longer than December 31, 1993 . A sign is in
disrepair when so determined by the City Building Official
at his discretion. When a sign is so determined to be in
a state of disrepair, the City shall so notify the sign
owner and the property owner of the existing condition;
and if the sign owner or property owner fails or refuses
to comply, the City may remove said sign with all costs
to be borne by the sign owner or property owner. The
procedure to be followed by the City upon determination
that a sign is in the state of disrepair shall be the same
as the procedure established in Chapter XXII of the City
Charter relating to "Abatement of Nuisances" . [Ord. No.
18-72 , §3, 3 Oct 72; Ord No. 9-82, §1, 1 Jun 82; Ord. No.
17-84, §l, 6 Nov 84]
Section 653 . 23 Billboards .
(A) No new billboards shall be erected in the City
of Cape Canaveral, FLorida. Any new billboards erected in
violation of this paragraph shall be removed within 48 hours
of notice to the sign owner and property owner. If the sign
owner or property owner fails to remove said sign, the City
shall do so at the sign owner' s or property owner' s expense.
[Ord. No. 22-71, §3 , 4 Jan 72; Ord. No. 9-82, §l, 1 Jun 82;
Ord. No. 17-84 , §1, 6 Nov 84]
Section 653 . 24 Temporary Off-Premise Signs .
(A) Temporary off-premise signs are those signs on
property other than where the business or activity is
located. There shall be a limit of one (1) sign per
business or activity erecting a temporary off-premise sign.
(1) Signs may be erected only by the following:
(a) A housing project or subdivision within
the City of Cape Canaveral consisting of ten
(10) or more residential units .
(b) Any new business opening within the City of
Cape Canaveral.
(2) Any such sign is limited in size to fifty (50)
square feet per face and may be double-faced. It shall
be constructed of sturdy materials as approved by the
Building Official. There shall be no illumination of
any sort provided specifically for the sign.
(PAGE REVISED 1 AUG 89)
§ 653 . 24 SIGN CODE § 653. 25
(3) The signs may be erected thirty (30) days
prior to opening a new business and shall be removed no
later than sixty (60) days after opening, or housing
construction has stopped.
(4) Signs may be placed in the R-2, R-3, C-1 and
M-1 zones with limits as indicated:
(a) Astronaut Boulevard, minimum 50 feet from
the right-of-way, maximum height of 15 feet.
(b) Old State Road 401, minimum 10 feet from
the right-of-way, maximum height of 8 feet.
(c) Ridgewood Avenue, minimum 10 feet from the
right-of-way, maximum height of 8 feet.
If these zones are changed by a subsequent zoning
change, then the boundaries as defined by the Zoning
Ordinance in effect at the time of this Code Chapter
shall transfer to the new zones in the exact locations
as they presently are regardless of the changed zone
classification.
(5) The written consent of the property owner must
accompany each application for sign permit. The agent for
the owner will verify in writing the authority to execute
a consent form. [Ord. No. 23-77, §2, 3 Jan 78; Ord. No.
9-82, §1, 1 Jun 82; Ord. No. 17-84 , §1, 6 Nov 84 ]
Sec . 653 . 25 Marquees
(A) Marquee as regulated by this Chapter shall include
any hood or awning of permanent construction projected from
the wall of a building above the entrance and/or extending
over a thoroughfare.
(B) In addition to the General Regulations, the
following shall apply to marquees:
(1) All marquees, including the anchors, bolts, support
rods and braces thereof, shall be designed by a registered
engineer and shall be properly guttered and connected by
down spout to a sewer so that the water therefrom will not
drip or flow on the public property, and the roof thereof
shall be used for no other purposes than to form and con-
stitute a roof .
PAGE REVISED
1 AUG 89
§ 653 . 25 SIGN CODE § 653 . 26 335A
(2) No marquees shall be permitted to extend more
than twenty (20) feet from the exterior of the building
closest to the road, but in no event, shall come closer
than ten (10) feet from the property line.
(3) Marquees shall be supported solely to the
building to which they are attached, and no columns or
posts shall be permitted as support thereof. The roof
of any marquee shall be designed and constructed to
support a live load of not less than one hundred (100)
pounds per square foot, except that this provision shall
not apply to awnings. No marquee shall be erected on any
building of wooden frame construction unless attached to
the masonry, concrete or steel supports of the building.
(4) Signs attached to or hung from a marquee shall
be completely within the border line of the marquee outer
edge. [Sign Ord. , §12, 30 Mar 65; Ord. No. 9-82, §1,
1 Jun 82 ; Ord. No. 17-84, §1, 6 Nov 84 ]
Sec. 653 . 26 Awnings and Canopies.
(A) Awning shall include any structure made of fire
resistant cloth, metal or plastic with a metal frame
attached to a building and projecting over a sidewalk or
thoroughfare when the same is so erected as to permit its
being raised or lowered to a position flat against the
building when not in use. A canopy shall include any
structure other than an awning, made of fire resistant
cloth, plastic or metal with metal frames attached to a
building, projecting over a thoroughfare or sidewalk and
carried by a frame supported by the ground or sidewalk.
(B) The General Regulations shall be modified for
awnings and canopies as follows :
(1) Canopies and awnings may be constructed of fire
resistant cloth, metal or plastic, but all frames and
supports shall be metal.
(2) No canopy shall exceed ten (10) feet in width,
but there is no limitation on the width of awning. All
such awnings or portions of such awnings and canopies shall
be not less than seven (7) feet above the level of the
sidewalk, and shall not extend beyond a point two (2) feet
inside the curb line.
PAGE REVISED
1 AUG 89
336 § 653 . 26 SIGN CODE § 653 . 27
(3) Every awning shall be securely attached to and
supported by the building, and posts or columns beyond
the building line shall not be permitted. When such
building is less than ten (10) feet from public property,
no awning shall be attached to the wood jambs, frames or
other wood members of the building. [Sign Ord. , §13,
30 Mar 65; Ord. No. 9-82 , §1, 1 Jun 82; Ord. No. 17-84 ,
§1, 6 Nov 84]
Sec. 653 . 27 Criteria And Standards For The
Measurement And Placement Of Signs.
(A) Area. The permitted area of signs, unless
otherwise specified herein, is dependent on street frontage
and shall be computed on the basis of one square foot of
sign area for each lineal foot of frontage up to the
maximums specified in Section 653 . 28, Special District
Regulations . However, this computation shall not serve
to limit a sign area to less than thirty-two (32) square
feet. For the purpose of determining area, the total area
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-dimen-
sional signs shall be measured at the largest vertical cross
section.
(B) Combination 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 or projecting 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 (2) ground or projecting
signs are used on a corner lot, the area of both signs may
not exceed the area allowed for frontage as previously
defined .
(D) Display Of Permit Number. The sign permit for all
signs requiring a permit shall be prominently displayed by
the owner/user of the sign(s) on the property where the sign
is located.
PAGE REVISED
1 AUG 89
§ 653 . 27 SIGN CODE § 653 . 28 336A
(E) Height, Setback And Location Measurements .
Measurements for height, 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, except for
the thickness of wall signs, 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 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/corner of the sign unless otherwise specified.
(F) Ground Signs. Ground signs lower than nine (9)
feet above grade, measured to bottom of sign, shall be set
back a minimum of six (6) feet from the property line.
Ground signs above nine (9) feet from grade level to the
bottom of the sign shall be set back a minimum of two (2)
feet from the property line. Within a fifty (50) foot
arc of any intersection, measured to the point of paving
intersection, the sign shall be a minimum of ten (10)
feet in height from the bottom of the sign to the grade
level with only a single supporting member of eight (8)
inches or less between the sign and the ground.
(G) Sign Size Limit. No sign shall be supported so
that the uppermost edge is more than thirty (30) feet above
the ground. This limitation shall not apply to any sign on
the face of the building. Any sign which is not attached to
a building shall not exceed one-hundred fifty (150) square
feet on its largest front. [Ord. No. 17-84 , §1, 6 Nov. 84]
Sec. 653 . 28 Special District Regulation.
(A) R-1, Low Density Residential District. The following
signs are permitted in R-1:
space (1) Real estate signs, not exceeding six (6) square
feet in area, located on the property offered. There
shall be no more than two (2) of these signs per
property.
(2) Political signs in accordance with Section 653.21.
(3) Construction signs and future improvement signs in
accordance with Section 653.19.
PAGE REVISED
1 AUG 89
337 § 653 . 28 SIGN CODE § 653 . 28
(4) Home occupation sign which is non-illuminated
and not exceeding two (2) square feet in area, may
be displayed affixed flat against the exterior
surface at a position not more than two (2) feet
distant from the main entrance of the dwelling unit
concerned. There shall be no more than one (1) of
these signs per unit.
The following signs are prohibited in R-1:
(1) Any sign not specifically permitted is
prohibited.
(B) R-2, Medium Density Residential District.
The following signs are permitted in R-2:
(1) Real estate signs not exceeding thirty-two
(32) square feet in area, or six (6) square feet
if on single family or duplex lots . There shall
be no more than two (2) of these per property.
(2) Political signs in accordance with Section 653.21.
(3) Construction signs and future improvement signs
in accordance with Section 653 . 19 .
(4) Home occupation sign which is non-illuminated
and not exceeding two (2) square feet in area, may
be displayed affixed flat against the exterior
surface at a position not more than two (2) feet
distant from the main entrance of the dwelling unit
concerned. There shall be no more than one (1) of
these signs per unit.
(5) The following signs are permitted and the area
of each is determined in accordance with Sec . 653 . 27 (A):
(a) One ground sign. Maximum area of sign is
seventy-five (75) square feet. Maximum height
is twenty-five (25) feet. Maximum width is
twenty-five (25) feet.
(b) One wall sign per each building. Maximum
area of sign is one hundred twenty-eight (128)
square feet.
PAGE REVISED
1 AUG 89
§ 653 . 28 SIGN CODE § 653 . 28 337A
The following signs are prohibited in R-2 :
(1) Any sign not specifically permitted is
prohibited.
(C) R-3, Medium Density Residential District.
The following signs are permitted in R-3 :
(1) Real estate sign, not exceeding thirty-two (32)
square feet and limited to one per lot or parcel.
For lots or parcels in excess of two hundred fifty
foot frontage, two (2) signs, a maximum of thirty-
two (32) square feet each may be used.
(2) Political signs in accordance with Section 653.21.
(3) Construction signs and future improvement signs
in accordance with Section 653 . 19 .
(4) Home occupation sign which is non-illuminated and
not exceeding two (2) square feet in area, may be
displayed affixed flat against the exterior surface
at a position not more than two (2) feet distant from
the main entrance of the dwelling unit concerned. There
shall be no more than one (1) of these signs per unit.
(5) The following signs are permitted and the area of
each is determined in accordance with Section 653 . 27 (A) :
(a) One ground sign. Maximum area of sign is
one hundred (100) square feet. Maximum height
is thirty (30) feet. Maximum width is twenty-five
(25) feet.
(b) One wall sign per each building. Maximum
area of sign is one hundred twenty eight (128)
square feet.
The following signs are prohibited in R-3 :
(1) Any sign not specifically permitted is prohibited.
(D) C-1, Low Density Commercial District and M-1,
Light Industrial and Research and Development.
The following signs are permitted in C-1 and M-1 :
PAGE REVISED
1 AUG 89
337B § 653 . 28 SIGN CODE § 653 . 28
(1) Real estate signs, not exceeding thirty-two (32)
square feet and limited to one per lot or parcel. For
lots or parcels in excess of two hundred fifty (250)
foot frontage, two (2) signs, a maximum of thirty-two
(32) square feet each may be used.
(2) Political signs in accordance with Section 653.21.
(3) Construction signs and future improvement signs
in accordance with Section 653 . 19 .
(4) Home occupation sign which is non-illuminated and
not exceeding (2) square feet in area, may be displayed
affixed flat against the exterior surface at a position
not more than two (2) feet distant from the main
entrance of the dwelling unit concerned. There shall
be no more than one (1) of these signs per unit.
(5) Three (3) of the following signs, the area of
each is determined in accordance with Section 653 . 27 (A):
(a) One ground or projection sign per building
or on each street frontage.
1. Maximum area of ground sign or combination
is one hundred fifty (150) square feet.
2 . Maximum height of ground sign is thirty
(30) feet.
3 . Maximum width of ground sign is twenty-five
(25) feet.
(b) One wall sign on each end of the building
perpendicular to the road or street.
1. Maximum area of each sign is one hundred
twenty-eight (128) square feet.
(c) One wall sign parallel to the road or street.
1. Maximum area of sign is one hundred sixty
(160) square feet.
(d) One marquee sign parallel to the road or
street.
1. Maximum area of sign is ninety-six (96)
square feet.
PAGE REVISED
1 AUG 89
§ 653 . 28 SIGN CODE § 653 . 28
(e) One roof sign:
1. Maximum area of sign is ninety-six (96)
square feet.
The following signs are prohibited in C-1 and M-1:
(1) Any sign not specifically permitted is prohibited.
(E) Shopping Center in Any Zone.
The following signs are permitted:
(1) Real estate sign not exceeding thirty-two (32)
square feet and limited to one (1) per lot or parcel.
For lots or parcels in excess of two hundred fifty
(250) square feet each, two (2) signs, a maximum of
thirty-two (32) square feet each, may be used.
(2) Political signs in accordance with Section 653.21.
(3) Construction signs and future improvement signs
in accordance with Section 653 . 19.
(4) One (1) wall or marquee sign per business.
Maximum area of sign equal to fifteen (15) per cent
of the front wall space height multiplied by the
business frontage including all door and window
areas; however, the maximum area shall not exceed
one hundred twenty-eight (128) square feet perpen-
dicular to road and one hundred sixty (160) square
feet parallel to the road.
(5) One (1) projecting sign per business, below a
marquee or canopy. Minimum height of sign is eight
(8) feet above sidewalk. Sign may not project beyond
canopy, marquee or sidewalk.
(6) The following signs are permitted, and the area
of each is determined in accordance with Section
653 . 27 (A).
(a) One (1) ground sign per building or on each
street frontage. Maximum area of sign is one
hundred fifty (150) square feet, excluding exempt
directory signs . Maximum height of ground sign
is thirty (30) feet. Maximum width of ground
sign is twenty-five (25) feet.
PAGE REVISED
1 AUG 89
337D § 653 . 28 SIGN CODE § 653 . 31
(b) One wall sign on each end of the building .
Maximum area of each sign is one hundred twenty-
eight (128) square feet.
The following signs are prohibited:
Any sign not specifically permitted is prohibited.
[Ord. No . 17-84 , §1, 6 Nov. 84; Ord. No. 7-8 §1 92,1 Aug 89]
Sec. 653.29 Penalty for Violations. Any person who
knowingly violates or fails to comply with any of the
provisions of this Chapter, or the erector, owner or user
of an unlawful sign, or the owner of the property on which
an unlawful sign is located, shall be guilty of a mis-
demeanor of the second degree and upon conviction thereof,
shall be punished as provided in Florida Statutes, Sections
775.082 and 775.083. Every day any violation of any
provisions, subsection or section of this Chapter shall
continue or be omitted, if required and neglected, shall
constitute a separate offense, and subject such violator
to a separate fine or imprisonment, or both, for such
separate offense.
Every day any violation of any provision, subsection
or section of this Chapter shall continue or be omitted,
if required and neglected, shall constitute a separate
offense, and subject such violator to a separate fine or
imprisonment, or both, for such separate offense.
In addition to the provisions for criminal penalties
provided herein, any violation of the provisions of this
Chapter shall be subject to enforcement by the City of Cape
Canaveral Code Enforcement Board established by Code Chapter
265 , according to the procedures legally established for
such Board and subject to the penalties provided by Florida
Statute, Chapter 162 . [Ord. No. 9-82, §1, 1 Jun 82; Ord.
No. 21-82 , §1, 21 Dec 82; Ord. No. 17-84, §1, 6 Nov 84 ]
Sec. 653 . 30 Separability. If any section, subsection,
sentence, clause, phrase or portion of this Chapter 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
portions thereof . [Sign Ord. §15 , 30 May 65; Ord. No. 9-82,
§1, 1 Jun 82; Ord. No. 17-84 , §1, 6 Nov 84]
Sec . 653 . 31 Securities, Bond or Insurance.
PAGE REVISED
1 AUG 89
§ 653 . 31 SIGN CODE § 653 . 31 337E
(A) Bond. The owner or person in control of a
sign, awning, marquee or banner of any kind whatsoever,
suspended over or extending into any public right-of-way
more than one (1) foot beyond the property line, shall
execute a bond in the sum of five thousand ($5, 000) dollars
with sureties approved by the City Attorney, indemnifying
the City against all loss, cost, damage or expenses incurred
or sustained by, or judgments recovered against the City,
or by any of its officers, employees, appointees or servants,
by reason of the construction or maintenance.
(B) Insurance. In lieu of the bond required in
subsection (A) above, the owner or person in control of a
sign, awning, marquee or banner of any kind suspended or
extended into the public right-of-way beyond one (1) foot
of the property line, may substitute, therefore, a Public
Liability and Property Damage Insurance Policy by an
insurance company authorized to do business in the State
of Florida, in the same amount and with the same conditions
as required by Subsection (A) above. [Sign Ord. §16,
30 Mar 65; Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84,
§1, 6 Nov 84]
PAGE REVISED
1 AUG 89
Codified Mar 85
ORDINANCE NO. 17-84
AN ORDINANCE AMENDING CODE CHAPTER 653, "SIGN
CODE", OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, FLORIDA, BY REPEALING
CHAPTER 653 IN ITS ENTIRETY AND SUBSTITUTING
THEREFORE A NEW CHAPTER 653, "SIGN CODE";
ESTABLISHING RULES AND REGULATIONS REGARDING
SIGN CONSTRUCTION, SIGN PERMITS AND TYPES OF
SIGNS ALLOWED; PROVIDING PENALTIES; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HERE-
WITH; PROVIDNG AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida is concerned for the health, safety and welfare of the
citizens of the City of Cape Canaveral, and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida wishes to regulate the erection of signs which detract
from the aesthetic beauty of the City,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Chapter 653 , "Sign Code" , of the City Code of the
City of Cape Canaveral, Florida, is hereby repealed in its
entirety and replaced with the following:
SIGN CODE
CHAPTER 653
Sec. 653.01 Establishment of Sign Code. This Chapter shall
hereafter be known and cited as the "Sign Code".
Sec. 653.02 Statement of Purpose and Scope.
(A) The purpose of this Chapter is to create regulations
for the design, construction and location of signs that will
protect the safety and welfare of the public, eliminate dangerous
and unsightly signs and provide for adequate maintenance and
inspection of signs without impeding the inherent right of
business to advertise and reasonably assist potential customers
in locating and identifying any service or facility they may
desire to use or any product they may desire to purchase.
(B) This Chapter is intended to cover all requirements
relative to types, sizes, heights, verbal content, permissible
locations, restrictions, permits and licenses, inspections,
indemnification, materials of manufacture and/or construction,
methods of erection, maintenance, procedure for requesting
variances, and penalties for violation of the provisions
prescribed herein for all signs placed, installed and/or erected
within the limits of the City of Cape Canaveral which are exposed
to the out-of-doors view of the public.
ORD. NO. 17-84
PAGE 1 OF 17
Sec. 653 . 03 Administrator. The Building Official shall act
as administrator of the provisions of this Chapter, acting in
lieu of the governing body. As used in this Chapter,
"administrator" shall include his authorized representative.
Sec. 653. 04 Definitions . Unless otherwise clearly required
by the context, the terms used in this Chapter shall have the
following meanings; the word "shall" is always mandatory and not
merely directory.
Attraction Board. Any sign on which the copy may be
manually changed from time to time by use of changeable letters
or panels.
Awning. Any structure made of cloth or metal with a metal
framework attached to a building and projecting over a
thoroughfare, so erected as to permit its being raised to a.
position flat against the building when not in use.
Banner Sign. Any sign having the characters, letters,
illustrations or ornamentations applied to cloth, paper or
fabric.
Billboard or Off-Premise Sign. A sign advertising a product
or service, including entertainment or candidacy, which product
or service is not available for sale or performance at the place
where the sign is located.
City. The City of Cape Canaveral, Florida.
City Council or Council . The City Council of the City of
Cape Canaveral, Florida.
Code Enforcement Board. A Board established by City Code
Chapter 265, to enforce the Code of Ordinances of the City of
Cape Canaveral.
Directional Sign. A sign directing or guiding traffic or
people to entrances, exits or parking.
Erect. Shall mean to build, construct, attach, hang, place,
suspend or affix, and shall also include the painting of wall
signs.
Exempt Signs. Signs exempted from normal permit
requirements.
Ground Sign. A sign when such sign is supported by uprights
or braces in or upon the ground.
Marquee Sign. A projecting sign attached to or hung from a
marquee or said 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.
Noncombustible Material. Is one which, in the form and
thickness in which it is used, meets any of the following
requirements:
(1) Materials which pass the test procedure for defining
noncombustibility of elementary materials set forth in ASTM E136.
(2) Materials having a structural base of noncombustible
materials as defined in paragraph (1) , with a surfacing not more
than one-eighth inch thick, which has a flame-spread rating not
greater than fifty (50) when tested in accordance with the method
of test for surface burning characteristics of building materials
set forth in ASTM E84.
ORD NO. 17-84
PAGE 2 OF 17
Nonconforming Sign. 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 regulations and
restrictions of this Chapter, or a nonconforming sign for which a
special permit has been issued.
Off-Site/Off-Premise Sign. A sign not related in its
subject matter to the premises on which it is located.
On-Site Sign. A sign related in its subject matter to the
premises on which it is located.
Outdoor Advertising Display. Any letter, figure, character,
mark, plane, point, marquee, sign, 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 the same shall be used for attraction of the
public to any place, subject, person, firm, corporation, public
performance, article, machine or merchandise, whatsoever, which
is displayed in any manner whatsoever out-of-doors.
Owner. The person owning the fee-simple title to the
property upon which a sign is located for which a permit is
required.
Permittee. The person in possession or having the beneficial
use of property upon which a sign is located for which a permit
is required.
Person. Shall mean and include any person, firm,
partnership, association, corporation, company or other legal
entity.
Portable Signs. Signs that may be hauled or towed from one
location to another, are self-supporting, are designed to be
temporarily emplaced without a permanent base or fastening.
Projecting Sign. A sign which is affixed to any building
wall or structure and extends beyond the building wall,
structure, building line or property line more than twelve (12)
inches.
Registered Engineer. An engineer registered in the State of
Florida who is in good standing with the Florida State Board of
Engineering Examiners.
Roof Sign. Any sign erected upon, against or directly above
a roof or on top of or above the parapet of a building.
Shopping Center. A building with two (2) or more businesses
used for the display or sale of merchandise.
Sign. Shall mean and include every display, billboard,
ground sign, wall sign, roof sign, illuminated sign, projecting
sign, temporary sign, marquee, awning and street clock, and shall
include any announcement, declaration, demonstration, display,
illustration or insignia used to advertise or promote the
interests of any person when the same is placed out-of-doors in
view of the general public.
Sign Erector or Contractor. Any person engaged in the
construction, reconstruction, or erection of any sign requiring
structural framework and support, or using electric power, or
requiring a scaffold for erection or application.
ORD. NO. 17-84
PAGE 3 OF 17
Sign Writer or Painter. Any person engaged in the painting
or application of signs on windows, doors, walls, awnings or
elsewhere, when such signs require no structural framework or
electric power.
Snipe Sign. 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.
Vehicular Sign. Any sign on a motor vehicle.
Wall Sign. A sign that is affixed to the wall of any
building, when such sign shall project not more than twelve (12 )
inches from the building. Wall signs may not extend above the
roof line or facade.
Sec. 653. 05 Application. The following signs are excluded
from the operation of this Chapter unless hereinafter noted.
(A) Signs painted on the exterior surface of buildingp, in
accordance with Sec. 653. 28.
(B) Decals affixed to or signs painted on store fronts,
store equipment, canopies, fuel pumps, or other types of vending
equipment used for dispensing retail products.
(C) Signs wholly within a building.
(D) Memorial signs, tablets, or placques, or names of
buildings on date of erection when the same are cut into any
masonry surface or when constructed of bronze or other
incombustible material.
(E) Professional name plates not exceeding three (3 ) square
feet in area.
(F) Bulletin boards not over eight ( 8 ) square feet in area
for public charitable or religious institutions when the same are
located on the premises of such institutions, and one (1 )
identification sign not exceeding ten (10 ) square feet.
(G) Occupational signs denoting only the name and
profession of an occupant in a commercial building, public
institutional building or dwelling house, placed flat against the
exterior surface of the building and not exceeding three ( 3 )
square feet in area, except in Residential Single Family and
Duplex where the size shall not exceed two (2 ) square feet.
(H) Directional signs to historical or geographical points
of interest which are maintained or operated as commercial
attractions or enterprises.
( I) Traffic or other municipal signs, legal notices, danger
signs and temporary emergency or nonadvertising signs.
(J) Signs consisting of an arrangement of a group of single
cut-out letters when securely fastened to a building or
structural part of building, in accordance with Sec. 653.28.
Sec. 653. 06 Prohibited Signs And Sign Features.
(A) Signs On Public Utility Poles and Trees. Signs,
regardless of whether exempt from permanent requirements,
including political signs, are prohibited on public utility poles
or trees.
ORD. NO. 17-84
PAGE 4 OF 17
( B) Obstruction Of Free Ingress or Egress. No sign shall
be erected, relocated or maintained so as to obstruct free
ingress to or egress from any door or fire escape, other than
warning signs . No sign of any kind shall be attached to a
standpipe or fire escape.
(C ) Signs on Rights-of-Way. Signs, except for those which
are property of the State of Florida or of the City of Cape
Canaveral, or of the County of Brevard, shall not be erected,
posted, painted, tacked, nailed, or otherwise placed or located
on or above any road rights-of-way.
(D) Flashing Signs Prohibited. Any sign which contains or
uses lights or lighting device or devices which flash or
alternate, are prohibited.
(E) 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.
(F) Signs On Vehicles. Signs which increase the dimensions
of vehicles in excess of one-eight ( 1/8 ) inch in any direction
are prohibited, except for signs designating Taxi , Ambulance, or
the destination of public vehicles. All other illuminated signs
on vehicles are specifically prohibited.
(G) Off-Site Signs. Off-site signs, except for those
permitted elsewhere in this Chapter, are prohibited.
(H) General. It is the expressed legislative intent of the
City Council that there shall be a prohibition, without any
exceptions, against the use of any portion of a street, sidewalk,
alley, right-of-way, or public thoroughfare for the display of
merchandise for sale, or the location of portable or movable
signs or stands to advertise or draw attention to the business of
any person, or the parking of vehicles or other type of
contrivance which are in and of themselves unique and unusual and
are parked for the purpose of attracting attention to the
person ' s place of business, or the parking of vehicles or other
types of contrivances to which there is attached a sign
advertising the business of or product sold by the business or
any person, firm or corporation or designed to attract attention
thereto, provided, however, that the foregoing prohibition
against the use of the streets for the parking of vehicles is
not intended to prohibit the bonafide parking of any vehicle used
primarily by the owner thereof for the purpose of transportation,
notwithstanding that such vehicle may have painted upon the
exterior surface the owner ' s name or address or business slogan
or trademark or other emblem which identifies the vehicle' s owner
or business in a manner consistent with that customarily found on
commercial vehicles or vehicles used for commercial purposes.
Sec. 653 . 08 Conformance. All signs or other advertising
structures erected within the limits of the City shall conform to
the provisions of this Chapter. Every sign or other advertising
structure lawfully permitted at the time of adoption of this
Chapter, which violates or does not conform to the provisions
hereof, shall be removed or altered or replaced so as to conform
with this Chapter by December 31, 1993 .
Sec. 653 . 09 Permits and Inspections.
(A) Permits Required.
(1 ) General. Except as otherwise provided in the
provisions of this Chapter, it shall be unlawful for any person
to paint, erect, construct, enlarge, move or make structural
alterations to any sign within the City or cause the same to be
done without first obtaining a sign permit for each such sign
from the Building Official as required by this Chapter . These
directives shall not be construed to require any permit for a
Ord. No. 17-84
PAGE 5 OF 17
change of copy on a sign, nor for the repainting, cleaning and
other normal maintenance or repair of a sign or structure for
which a permit has previously been issued, so long as the sign or
sign structure is not modified in any way.
No new permit is required for signs which have permits and
which conform with the requirements of 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.
( 2 ) Application for Erection Permit. Application for
erection permit shall be made upon forms provided by the Building
Inspector and shall contain or have attached thereto the
following information:
(a ) Name, address and telephone number of the applicant.
(b) Whether applicant is "owner" or "lessee" and, if
latter, show authority of owner.
(c ) Location of building, structure, or lot to which or
upon which the sign or other advertising structure is to be
attached or erected.
(d) Plot plan showing position of the sign or other
advertising structure in relation to nearby buildings or
structures.
(e) Two ( 2 ) blueprints or ink drawings of the plans and
specifications and method of construction and attachment to the
building or in the ground.
( f ) Name of person, firm, corporation or association
erecting structure.
(g) Any electrical permit required and issued for each said
sign.
(h) Such other information as the Building Inspector shall
require to show full compliance with this and all other laws and
regulations of the City.
( 3 ) Issuance of Permit. When an application fbr a permit
for the erection, alteration or relocation of a sign has been
properly made and the sign complies with the provisions of this
Chapter and all other applicable ordinances and regulations of
the City, the Building Official shall issue the requested permit.
A seperate electrical permit shall be required for any sign
containing electrical components to be connected to an electrical
energy source. If the work authorized under an erection permit
has not been completed within six( 6 ) months after date of
issuance, the said permit shall become null and void.
( 4 ) Revocation of Permit. The Building Official is hereby
authorized and empowered to revoke any permit issued by him for
failure of the permittee to comply with any of the provisions of
this Chapter. Such revocation shall be in writing and shall show
cause for the revocation notice. Within seven ( 7 ) days after the
mailing of notice to him, the permittee may make written request
to the City Manager for a hearing before him to show cause why
the permit should not be revoked. Within ten ( 10 ) days from the
hearing date, the City Manager shall give his decision in
writing.
( 5 ) Permit Fees. Permit fees for the erection, alteration
or relocation of a sign, exclusive of any costs for an electrical
permit, shall be as follows:
ORD. NO. 17-84
PAGE 6 OF 17
(a ) For issuing a permit, the fee shall be ten dollars
($10.00 ) .
( b) In Addition, the inspection fee shall be
calculated at fifty ( 50 ) cents per square foot of sign area.
This calculation shall be based on the largest sign area, in the
case of sign of more than one face.
( c) If a reinspection is required, an additional five
dollars ($5. 00 ) will be charged.
(d) If any person commences any work before obtaining
the necessary permit, all fees shall be doubled.
(e) For Policital Signs, see Section 653 . 21 (A) .
( 6 ) Inspection by Building Official. The Building
Official is hereby empowered to enter or inspect any building,
structure or premises in the City upon which, or in connection
with which a sign, as defined by this Chapter, is located, for
the purpose of inspection of the sign, its structural details and
electrical connections, and to ensure compliance with the
provisions of this Chapter. Such inspections shall be carried
out during business hours, unless an emergency exists.
( 7 ) Construction 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 require inspection and approval by the Building
Official. Authority for and time of such inspections shall be as
follows:
(a) A footing inspection for all detached signs shall
be required.
(b) A final structural inspection shall be required at
completion of the work on all types of signs.
(c) A final electrical inspection shall be required on
all signs containing electrical components and wiring to be
connected to an electrical energy source.
( 8 ) Annual Inspection. Each sign that required a permit
for erection may be inspected annually by the Building Official
to ascertain whether the sign is being maintained in a safe
condition and whether it is in need of maintenance or removal .
When the inspection reveals repair or maintenance is needed, the
owner shall be notified in writing. The owner shall have ten
( 10 ) days to make said repairs or remove the sign. If this order
is not complied with, the Building Official may remove the sign
and a lien may be filed against the property for said expense
incurred in removal of the sign.
Sec. 653.10 Identification of Signs . Every outdoor
advertising display sign hereinafter erected, constructed or
maintained, for which a permit is required, shall be plainly
marked with the name of the person, firm or corporation erecting
and maintaining such sign and shall have affixed on the front
thereof the permit number issued for said sign by the Building
Official.
Sec. 653 . 15 Wind Pressure and Dead Load Requirements. All
signs and other advertising structures shall be designed and
constructed to withstand a wind velocity as set forth in the
Standard Building Code, as amended, and shall be constructed to
receive dead loads as required by the said Standard Building
Code, as amended, or other Codes of the City of Cape Canaveral,
Florida.
ORD. NO. 17-84
PAGE 7 OF 17
Sec. 653 . 17 Abandoned Signs 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 ( 10 ) days of the service of written notice from
the Building Official to so do, 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 ( 6 ) consecutive
months prior to the date of said notice from the Building
Official. If the order to remove is not complied with, the
Building Official may remove the sign and a lien may be filed
against the property for said expense incurred in removal of the
sign.
( B) Hazardous Signs. The Building Official 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 may require the
removal of any sign which is not properly maintained or which
otherwise shows signs of neglect 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 after forty-eight (48 )
hours from the time of notice by the Building Official requesting
the removal of such sign, unless within that time, the permittee
or owner shall have filed with the Building Official notice of
his intention to appeal his decision to the Code Enforcement
Board. Any such sign displayed more than forty-eight ( 48 ) hours
after notice to remove said sign may be removed by the City at
the expense of the permittee or owner unless the matter be
pending an appeal to the Code Enforcemnt Board or unless the
decision of the Building Official has been reversed by the Code
Enforcement Board.
(C) Signs Not to Constitute 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; or at any location where, by
reason of the position, shape or color, it may interfere with,
obstructing the view of or be confused with any authorized
traffic sign, signal or device; or which makes use of any word or
words commonly used on traffic control signs or signals .
Visibility at intersections shall be in accordance with Section
639 . 25 of the City Code.
Sec. 653. 18 Sign Lighting. Gooseneck reflectors,
spotlights, floodlights and other lights shall be permitted on
ground signs, roof signs and wall signs, provided, however, the
reflectors shall be provided with proper glass lenses
concentrating the illumination upon the area of the sign so as to
prevent glare upon the street or adjacent property.
Sec. 653 . 19 Temporary On-Premise Signs. Temporary signs as
used in this Chapter are defined as signs constructed of cloth,
canvas, light fabric, cardboard, wallboard, plywood or other
light materials, with or without frames, intended to be displayed
for a short period of time only.
(A) General Regulations. No sign or any character shall be
suspended across any public street, avenue or alley; nor shall
any sign of any description be painted, pasted, printed or nailed
on any curb or sidewalk or upon any trees , light standards,
utility poles, hydrants, bridges, or any structrures, other than
awnings, within the property lines of any street, avenue or alley
within the limits of the City of Cape Canaveral, except with the
permission of the City Council ; nor shall any sign of any kind be
attached to any private wall, window, door, gate, fence or to any
other private structure except with the written permission of they
City Council; nor shall any sign of any kind be attached to any
private wall, window, door, gate, fence or to any other private
structure except with the written permission of the owner or
lessee and as restricted otherwise in this Chapter.
ORD. NO. 17-84
PAGE 8 OF 17
( B) These signs may be erected thirty ( 30 ) days prior to
opening a new business or start of construction and shall be
removed no later than sixty ( 60 ) days after opening, or housing
construction has stopped. Signs for other specific events shall
be removed within seven ( 7 ) days after the conclusion of same.
Sec. 653 . 20 Off-Premise Signs and Signs on Vacant Land
Generally Prohibited.
(A) No off-premise signs or signs on vacant land shall
be erected, posted, painted, tacked, nailed or otherwise
placed or located anywhere in the City of Cape Canaveral.
Any off-premise sign is defined as a sign not related to the
subject matter of the use of the premises on which the sign is
located. This prohibition shall not apply to real estate or
political signs. A real estate sign shall be any sign used
solely for the sale or lease of property on which the sign is
located. A political sign shall be any sign used solely to
present information suggesting a candidate ' s suitability for
elected public office, or presenting an issue to be voted upon
in the upcoming election. [Ord. No. 18-72, §3, 3 Oct 72; Ord. No.
9-82, §1, 1 Jun 82; ORd. No. 17-84, §1, 6 Nov 84]
Section 653.21 Political Signs.
(A) Political signs shall not be erected prior to the
candidate qualifying for office and shall be removed within five
( 5 ) days following the election in which his name appears. There
shall be deposited with the City Treasurer , a fifty dollar
($50. 00) fee before any political signs are permitted to be
erected. Ten dollars ( $10 .00 ) , non-refundable, of this sum shall
be for the purpose of defraying the cost of enforcing the
provisions of this Section and forty dollars ( $40. 00 ) shall be
used to fund the cost of removal of the candidates' signs by City
employees in the event they are not removed within the time limit
set out above.
(B) A political sign shall not exceed thirty-two ( 32 ) or be
less than five ( 5 ) square feet in size. No cardboard or paper
shall be used in the construction of any sign except as a paper
face if it rests entirely on one-half inch or thicker wood
backing and is securely attached to the backing by an adhesive
over the entire surface. A property owner may place political
signs on his or her property located in a residental district
provided that he or she adheres to the regulations in Sec.
653. 28(A) . The property owner shall not be required to obtain a
permit to erect said signs.
(C) All signs in violation of paragraph (A) and (B) above
that are erected after the effective date of this Ordinance shall
be removed immediately at the owner ' s expense. [Ord. No. 18-72, §3,
3 Oct 72; Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84]
Section 653 . 22 Off-Premise Signs.
(A) Off-premise signs and signs on vacant property which
exist on the effective date of this Ordinance shall remain until
they are removed or fall into disrepair, but in no case longer
than December 31, 1993 . A sign is in disrepair when so
determined by the City Building Official at his discretion. When
a sign is so determined to be in a state of disrepair, the City
shall so notify the sign owner and the property owner of the
existing condition; and if the sign owner or property owner fails
or refuses to comply, the City may remove said sign with all
costs to be borne by the sign owner or property owner. The
procedure to be followed by the City upon determination that a
sign is in the state of disrepair shall be the same as the
procedure established in Chapter XXII of the City Charter
relating to "Abatement of Nuisances" . [Ord. No. 18-72, §3, 3 Oct 72;
Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84]
*Amended on 2nd Reading. ORD. NO. 17-84
PAGE 9 OF 17
Section 653.23 Billboards.
(A) No new billboards shall be erected in the City of Cape
Canaveral, Florida. Any new billboards erected in violation of
this paragraph shall be removed within 48 hours of notice to the
sign owner and property owner . If the sign owner or property
owner fails to remove said sign, the City shall do so at the sign
owner ' s or property owner ' s expense. [Ord. No. 22-71, §3, 4 Jun 72;
Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84]
Section 653 . 24 Temporary Off-Premise Signs.
(A) Temporary off-premise signs are those signs on property
other than where the business or activity is located. There
shall be a limit of one (1) sign per business or activity
erecting a temporary off-premise sign.
(1) Signs may be erected only by the following:
(a) A housing project or subdivision within
the City of Cape Canaveral consisting of ten
(10) or more residential units.
(b) Any new business opening within the City
of Cape Canaveral.
(2) Any such sign is limited in size to fifty (50)
square feet per face and may be double-faced. It
shall be constructed of sturdy materials as approved
by the Building Official. There shall be no illumina-
tion of any sort provided specifically for the sign.
(3) The signs may be erected thirty (30) days prior
to opening a new business and shall be removed no
later than sixty (60) days after opening, or housing
construction has stopped.
(4) Signs may be placed in the R-2 , R-3 , C-1 and M-1
zones with limits as indicated:
(a) Astronaut Boulevard, minimum 50 feet from
the right-of-way, maximum height of 15 feet.
(b) Old State Road 401, minimum 10 feet from
the right-of-way, maximum height of 8 feet.
(c) Ridgewood Avenue, minimum 10 feet from the
right-of-way, maximum height of 8 feet.
If these zones are changed by a subsequent
zoning change, then the boundaries as defined by the
Zoning Ordinance in effect at the time of this Code
Chapter shall transfer to the new zones in the exact
locations as they presently are regardless of the
changed zone classification.
(5) The written consent of the property owner must
accompany each application for sign permit. The agent
for the owner will vereify in writing the authority
to execute a consent form. [Ord. No. 23-77, §2, 3 Jan 78;
Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84]
Sec. 653. 25 Marquees.
(A) Marquee as regulated by this Chapter shall include any
hood or awning of permanent construction projected from the wall
of a building above the entrance and/or extending over a
thoroughfare.
(B) In addition to the General Regulations, the following
shall apply to marquees:
(1) All marquees, including the anchors, bolts, support
rods and braces thereof, shall be designed by a registered
engineer and shall be properly guttered and connected by
ORD. NO. 17-84
PAGE 10 OF 17
down spout to a sewer so that the water therefrom will not
drip or flow on the public property, and the roof thereof
shall be used for no other purposes than to form and
constitute a roof.
(2) No marquees shall be permitted to extend more than
twenty (20) feet from the exterior of the building closest
to the road, but in no event shall come closer than ten (10)
feet from the property line.
(3) Marquees shall be supported solely to the building
to which they are attached, and no columns or posts shall be
permitted as support thereof. The roof of any marquee shall
be designed and constructed to support a live load of not
less than one hundred ( 100 ) pounds per square foot, except
that this provision shall not apply to awnings. No marquee
shall be erected on any building of wooden frame construc-
tion unless attached to the masonry, concrete or steel
supports of the building.
(4) Signs attached to or hung from a marquee shall be
completely within the border line of the marquee outer edge.
[Sign Ord., §12, 30 Mar 65; Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84]
Sec. 653.26 Awnings and Canopies:
(A) Awning shall include any structure made of ire
resistant cloth, metal or plastic with a metal frame attached to
a building and projecting over a sidewalk or thoroughfare when
the same is so erected as to permit its being raised or lowered
to a position flat against the building when not in use. A
canopy shall include any structure other than an awning, made of
fire resistant cloth, plastic or metal with metal frames
attached to a building, projecting over a thoroughfare or
sidewalk and carried by a frame supported by the ground or
sidewalk.
(B) The General Regulations shall be modified for awnings
and canopies as follows:
(1) Canopies and awnings may be constructed of fire
resistant cloth, metal or plastic, but all frames and supports
shall be metal.
(2) No canopy shall exceed ten (10) feet in width, but
there is no limitation on the width of awning. All such awnings
or portions of such awnings and canopies shall be not less than
seven (7) feet above the level of the sidewalk, and shall not
extend beyond a point two (2) feet inside the curb line.
(3) Every awning shall be securely attached to and
supported by the building, and posts or columns beyond the
building line shall not be permitted. When such building is less
than ten (10 ) feet from public property, no awning shall be
attachedd to the wood jams, frames or other wood members of the
building. [Sign Ord. §13, 30 Mar 65; Ord. No. 9-82, §1, 1 Jun 82;
Ord. No. 17-84, §1, 6 Nov 84]
Sec. 653 . 27 Criteria And Standards For The Measurement
and Placement of Signs.
(A) Area. The permitted area of signs, unless otherwise
specified herein, is dependent on street frontage and shall be
computed on the basis of one square foot of sign area for each
lineal foot of frontage up to the maximums specified in Section
653. 28, Special District Regulations. However, this computation
shall not serve to limit a sign area to less than thirty-two (32)
square feet. For the purpose of determining area, the total area
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.
ORD. NO. 17-84
PAGE 11 OF 17
(B) Combination 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
or projecting 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 ( 2 ) ground or projecting signs
are used on a corner lot, the area of both signs may not exceed
the area allowed for frontage as previously defined.
(D) Display Of Permit Number. The sign permit for all
signs requiring a permit shall be prominently displayed by the
owner/user of the sign( s ) on the property where the sign is
located.
(E) Height, Setback And Location Measurements.
Measurements for height, 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, except for the
thickness of wall signs, 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 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/corner of the sign unless
otherwise specified.
(F) Ground Signs. Ground signs lower than nine ( 9 ) feet
above grade, measured to bottom of sign, shall be set back a
minimum of six ( 6 ) feet from the property line. Ground signs
above nine ( 9 ) feet from grade level to the bottom of the sign
shall be set back a minimum of two ( 2 ) feet from the property
line. Within a fifty ( 50 ) foot arc of any intersection, measured
to the point of paving intersection, the sign shall be a minimum
of ten ( 10 ) feet in height from the bottom of the sign to the
grade level with only a single supporting member of eight ( 8 )
inches or less between the sign and the ground.
(G) Sign Size Limit. No sign shall be supported so that
the uppermost edge is more than thirty ( 30 ) feet above the ground.
This limitation shall not apply to any sign on the face of the
building. Any sign which is not attached to a building shall
not exceed one-hundred fifty (150 ) square feet on its largest
front. [Ord. No. 17-84, §1, 6 Nov 84]
Sec. 653. 28 Special District Regulation.
(A) R-1, Low Density Residential District.
The following signs are permitted in R-l :
(1 ) Real estate signs, not exceeding six ( 6 ) square
feet in area, located on the property offered. There
shall be no more than two ( 2 ) of these signs per
property.
(2 ) Political signs not exceeding five ( 5 ) square
feet in area. There shall be no more than two (2 )
of these signs per property.
(3 ) Construction signs and future improvement signs
in accordance with Section 653. 19 .
ORD. NO. 17-84
PAGE 12 OF 17
( 4 ) Home occupation sign which is non-illuminated
and not exceeding two ( 2 ) square feet in area, may
be displayed affixed flat against the exterior
surfaced at a position not more than two ( 2 ) feet
distant from the main entrance of the dwelling unit
concerned. There shall be no more than one ( 1 ) of
these signs per unit.
The following signs are prohibited in R-l :
( 1 ) Any sign not specifically permitted is
prohibited.
(B) R-2 , Medium Density Residential District.
The following signs are permitted in R-2 :
( 1 ) Real estate signs not exceeding thirty two
( 32 ) square feet in area, or six (6 ) square feet
if on single family or duplex lots. There shall
be no more than two ( 2 ) of these per property.
(2 ) Political signs not exceeding thirty two ( 32 )
square feet in area, or five ( 5 ) square feet if on
single family or duplex lots. There shall be no
more than two ( 2 ) of these signs per property.
( 3 ) Construction signs and future improvement signs
in accordance with Section 653 . 19 .
( 4 ) Home occupation sign which is non-illuminated
and not exceeding two ( 2 ) square feet in area, may
be displayed affixed flat against the exterior
surface at a position not more than two ( 2 ) feet
distant from the main entrance of the dwelling unit
concerned. There shall be no more than one ( 1 ) of
these signs pere unit.
( 5 ) The following signs are permitted and the area of
each is determined in accordance with Sec. 653. 27 (A) :
(a) One ground sign. Maximum area of sign is
seventy-five ( 75 ) square feet. Maximum height is
twenty-five (25 ) feet. Maximum width is twenty-
five ( 25 ) feet.
(b) One wall sign per each building. Maximum area
of sign is one hundred twenty-eight ( 128 ) square
feet. ( 5 ) The following signs are prohibited
The following signs are prohibited in R-2 :
( 1 ) Any sign not specifically permitted is pro-
hibited.
(C) R-3 , Medium Density Residential District.
The following signs are permitted in R-3 :
( 1 ) Real estate sign, not exceeding thirty-two
( 32 ) square feet and limited to one per lot or
parcel . For lots or parcels in excess of two
hundred fifty foot frontage, two ( 2 ) signs, a
maximum of thirty-two ( 32 ) square feet each may
be used.
( 2 ) Political signs in accordance with this
Chapter.
ORD. NO. 17-84
PAGE 13 OF 17
( 3 ) Construction signs and future improvement
signs in accordance with Section 653. 19 .
( 4 ) Home occupation sign which is non-illuminated
and not exceding two ( 2 ) square feet in area, may
be displayed affixed flat against the exterior
surface at a position not more than two ( 2 ) feet
distant from the main entrance of the dwelling
unit concerned. There shall be no more than ( 1 )
of these signs per unit.
( 5 ) The following signs are permitted and the area
of each is determined in accordance with Section
653 . 27 (A) :
(a) One ground sign. Maximum area of sign is
one hundred (100 ) square feet. Maximum height
is thirty ( 30 ) feet. Maximum width is twenty-
five ( 25 ) feet.
(b) One wall sign per each building. Maximum
area of sign is one hundred twenty eight ( 128 )
square feet.
The following signs are prohibited in R-3 :
( 1 ) Any sign not specifically permitted is prohibited.
( D) C-1 , Low Density Commercial District and M-1, Light
Industrial and Research and Development.
The following signs are permitted in C-1 and M-l :
( 1 ) Real estate signs, not exceeding thirty-two ( 32 )
square feet and limited to one per lot or parcel . For
lots or parcels in excess of two hundred fifty ( 250 )
foot frontage, two ( 2 ) signs, a maximum of thirty-two
( 32 ) square feet each may be used.
( 2 ) Political signs in accordance with this Chapter.
( 3 ) Construction signs and future improvement signs
in accordancewith Section 653 . 19 .
( 4 ) Home occupation sign which is non-illuminated
and not exceeding ( 2 ) square feet in area, may be
displayed affixed flat against the exterior surface
at a position not more than two ( 2 ) feet distant
from the main entrance of the dwelling unit concerned.
There shall be no more than one ( 1 ) of these signs
per unit.
( 5 ) Three ( 3 ) of the following signs, the area of
each is determined in accordance with Section
653 . 27 (A) :
(a) One ground or projection sign per building
or on each street frontage.
1 . Maximum area of ground sign or combination
is one hundred fifty (150 ) square feet.
2 . Maximum height of ground sign is thirty
( 30 ) feet.
3 . Maximum width of ground sign is twenty-
five ( 25 ) feet.
ORD. NO. 17-84
PAGE 14 OF 17
(b) One wall sign on each end of the building
perpendicular to the road or street.
1. Maximum area of each sign is one
hundred twenty-eight (128 ) square feet.
(c) One wall sign parallel to the road or street.
1. Maximum area of sign is one hundred
sixty ( 160 ) square feet.
(d) One marquee sign parallel to the road or
street.
1. Maximum area of sign is ninety-six
( 96 ) square feet.
(e) One roof sign
1. Maximum area of sign is ninety-six
( 96 ) square feet.
The following signs are prohibited in C-1 and M-1:
(1 ) Any sign not specifically permitted is prohibited.
(E) Shopping Center in Any Zone.
The following signs are permitted:
(1 ) Real estate sign not exceeding thirty-two ( 32 )
square feet and limited to one ( 1 ) per lot or
parcel . For lots or parcels in excess of two
hundred fifty ( 250 ) square feet each, two ( 2 )
signs, a maximum ofthirty-two ( 32 ) square feet
each, may be used.
(2 ) Political signs in accordance with this Chapter.
( 3 ) Construction signs and future improvement signs
in accordance with Section 653.19 .
( 4 ) One ( 1 ) wall or marquee sign per business.
Maximum area of sign equal to fifteen ( 15 )
per cent of the front wall space height multi-
plied by the business frontage including all
door and window areas; however, the maximum
area shall not exceed one hundred twenty-eight
( 128 ) square feet perpendicular to road and one
hundred sixty ( 160 ) square feet parallel to road.
( 5 ) One (1 ) projecting sign per business, below a
marquee or canopy. Minimum height of sign is
eight ( 8 ) feet above sidewalk. Sign may not
project beyond canopy, marquee or sidewalk.
( 6 ) The following signs are permitted, and the area
of each is determined in accordance with Section
653. 27 (A) .
(a) One ( 1 ) ground sign per building or on each
street frontage. Maximum area of sign is one
hundred fifty ( 150 ) square feet, excluding
exempt directory signs. Maximum height of
ground sign is thirty ( 30 ) feet. Maximum
width of ground sign is twenty-five ( 25 )
feet.
(b) One wall sign on each end of the building.
Maximum area of each sign is one hundred
twenty-eight (128 ) square feet.
ORD. NO. 17-84
PAGE 15 OF 17
The following signs are prohibited:
Any sign not specifically permitted is prohibited.
[Ord. No. 17-84, §1, 6 Nov 84]
Sec. 653 . 29 Penalty for Violations. Any person who
knowingly violates or fails to comply with any of the provisions
of this Chapter, or the erector, owner or user of an unlawful
sign, or the owner of the property on which an unlawful sign is
located, shall be guilty of a misdemeanor of the second degree
and upon conviction thereof, shall be punished as provided in
Florida Statutes, Sections 775 . 082 and 775 . 083 . Every day any
violation of any provisions, subsection or section of this
Chapter shall continue or be omitted, if required and neglected,
shall constitute a separate offense, and subject such violator to
a separate fine or imprisonment, or both, for such separate
offense.
Every day any violation of any provision, subsection or
section of this Chapter shall continue or be omitted, if required
and neglected, shall constitute a separate offense, and subject
such violator to a separate fine or imprisonment, or both, for
such separate offense.
In addition to the provisions for criminal penalties
provided herein, any violation of the provisions of this Chapter
shall be subject to enforcement by the City of Cape Code
Enforcement Board established by Code Chapter 265, according to
the procedures legally established for such Board and subject to
the penalties provided by Florida Statute, Chapter 162 . [Ord. No. 9-82,
§1, 1 Jun 82; Ord. No. 21-82, §1, 21 Ord. 82; Ord. No. 17-84, §1, 6 Nov 84]
Sec. 653. 30 Separability. If any section, subsection,
sentence, clause, phrase or portion of this Chapter 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 portions thereof. [Sign Ord, §15, 30 May 65;
Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84]
Sec. 653. 31 Securities, Bond or Insurance.
(A) Bond. The owner or person in control of a sign,
awning, marquee or banner of any kind whatsoever, suspended over
or extending into any public right-of-way more than one ( 1 ) foot
beyond the property line, shall execute a bond in the sum of five
thousand ( 5, 000) dollars with sureties approved by the City
Attorney, indemnifying the City against all loss, cost, damage or
expenses incurred or sustained by, or judgments recovered against
the City, or by any of its officers, employees, apointees or
servants, by reason of the construction or maintenance.
(B) Insurance. In lieu of the bond required in subsection
(A) above, the owner or person in control of a sign, awning,
marquee or banner of any kind suspended or extended into the
public right-of-way beyond one ( 1 ) foot of the property line, may
substitute therefor a Public Liability and Property Damage
Insurance Policy by any insurance company authorized to do
business in the State of Florida, in the same amount and with the
same conditions as required by subsection (A) above. [Sign Ord. §16,
30 Mar 65; Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84]
ORD. NO. 17-84
PAGE 16 OF 17
ADOPTED BY the City Council of the City of Cape
Canaveral, Florida, this 6th day of November , 1984.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
Permission to Advertise: 9-4-84
First Reading: 10-16-84
Posted: 9-6-84
Advertised: 9-14-84
Second Reading: 11-6-84
NAME YES NO
CALVERT YES
FISCHETTI [didn't vote]
NICHOLAS YES
RUTHERFORD YES
WINCHESTER YES
ORD. NO. 17-84
PAGE 17 OF 17
Chapter 653
334
§ 653 . 20 SIGN CODE § 653 . 21
Sec. 653 . 20 Off-Premise Signs and Signs on Vacant
Land Generally Prohibited.
(A) No off-premise signs or signs on vacant land
shall be erected, posted, painted, tacked, nailed or
otherwise placed or located anywhere in the City of Cape
Canaveral. Any off-premise sign is defined as a sign
not related to the subject matter of the use of the
premises on which the sign is located. This prohibition
shall not apply to real estate or political signs . A
real estate sign shall be any sign used solely for the
sale or lease of property on which the sign is located.
A political sign shall be any sign used solely to present
information suggesting a candidate' s suitability for
elected public office, or presenting an issue to be voted
upon in the upcoming election. [Ord. No. 18-72, §3,
3 Oct 72; Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84 ,
§1, 6 Nov 84]
Section 653 . 21 Political Signs .
(A) Political signs shall not be erected prior to
the candidate qualifying for office, and shall be removed
within five (5) days following the election in which his
name appears . There shall be deposited with the City
Treasurer, a fifty dollar ($50 . 00) fee before any political
signs are permitted to be erected. Ten dollars ($10 . 00) ,
non-refundable, of this sum shall be for the purpose of
defraying the cost of enforcing the provisions of this
Section, and forty dollars ($40 . 00) shall be used to fund
the cost of removal of the candidates ' signs by City
employees in the event they are not removed within the
time limit set out above.
(B) A political sign shall not exceed thirty-two (32)
or be less than five (5) square feet in size. No cardboard
or paper shall be used in the construction of any sign
except as a paper backing and is securely attached to the
backing by an adhesive over the entire surface. A property
owner may place political signs on his or her property
located in a residential districe provided that he or she
adheres to the regulations in Sec. 653 . 28 (A) . The property
owner shall not be required to obtain a permit to erect said
signs.
(C) All signs in violation of paragraph (A) and (B)
above that are erected after the effective date of this
Ordinance shall be removed immediately at the owner' s expense .
[Ord. No. 18-72 , §3, 3 Oct 72; Ord. No. 9-82 , §1, 1 Jun 82;
Ord. No. 17-84 , §l, 6 Nov 84]
Chapter Revised
6 Nov 84
Chap 653 add to code
ORDINANCE 21-75 7 Oct 1975
AN ORDINANCE AMENDING CITY OF CAPE CANAVERAL
SIGN ORDINANCE, WHICH ORDINANCE WAS ADOPTED
ON MARCH 30, 1965 , BY PROHIBITING-OFF-PREMISE
S-IC.NS -WITHIN THE CITY OF CAPE CANAVERAL; BY
DEFINING "OFF-PREMISE SIGNS" ; BY REPEALING ALL
ORDINANCES OR PARTS THEREOFIN CONFLICT THERE-
WITH; BY PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1. Section 3 of the Sign Ordinance adopted
by the City of Cape Canaveral, Florida on March 30, 1965 , as
amended, is hereby amended by the following revisions:
C. Change title to read: "Off Premises Signs and
Signs on Vacant Land Generally Prohibited."
(1.) Delete entire sub-paragraph and substitute
therefor the following "No off-premises signs
(c) new pare: page 2 of Code or signs on vacant land shall be erected, posted,.
painted, tacked, nailed or otherwise placed or
located anywhere in the City of Cape Canaveral .
An off-premises sign is defined as a sign not
related to the subject matter of the use of the
premises on which the sign is located. This
prohibition shall not apply to real estate or
political signs. A real estate sign shall be any
sign used solely for the sale or lease of property
on which the sign is located. A political sign
shall he any sign used solely to present information,
suggesting a candidate's suitability for elected
public office."
[3 . ] In first line of paragraph, change "five (5) square"
to "six (6) square".
[4 . ] Delete entire paragraph and substitute therefor the
(4) add new following: "All signs in violation of paragraph (1),
(2) & (3) above that are erected after the effective
date of this ordinance shall be removed immediately
at the owner ' s expense".
OK Deich re
[5. ] Delete first line and substitute therefor the
add new following: "Off-premises signs and signs on
vacant property which exist on the effective
date of this ordinance shall remain until they
are removed or fall into disrepair . A sign
is in disrepair when so determined by the
City Building Inspector at his discretion.
When a sign is so determined to be in a state
of disrepair, the City shall so notify the
sign owner and property owner of the existing
condition; and if the sign owner or property
owner fails or refuses to comply, the City
. may remove said sign with all costs to be. --
borne by the sign owner or property owner.
The procedure to be followed by the City.upon.
determination that a sign is in a state of
disrepair shall be the same as the procedure
established in Chapter XXII of the City Charter
relating to "Abatement of Nuisances. "
SECTION 2 . All Ordinances or parts thereof inconflict
herewith are hereby repealed.
SECTION 3 . This Ordinance shall become effective upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral ,
Florida, this 7th day of October , 1975.
[signature]
MAYOR
Attest:
[signature & seal]
CITY CLERK
Approved as to form:
[signature]
CITY ATTORNEY
First Reading: 8-26-75
Advertised: 8-30-75
Second Reading: 10-7-75
Posted: 8-27-75
NAME YES NO ABS
MACLAY YES
NICHOLAS YES
RHAME YES
SALVAGGIO [didn't vote]
THURM NO
ORDINANCE NO. 22-73 3 July 1973
AN ORDINANCE REPEALING ORDINANCES NO . 14-63 ,
14-A-63 , 46-65 , 36-64-A, 22-65-A, 10-68 , 3-71 ,
17-71 , 22-71 AND 10-72; PROVIDING AN EFFECTIVE
DATE .
WHEREAS, Ordinance No . 14-63 , as amended by 14-A-63 ,
establishing a utility service tax , should have been repealed
by Ordinance No . 64-10 , which established a new utility tax
scheme , and '
WHEREAS, Ordinance No . 46-65 establishing council compensa-
tion, conflicts with newly enacted Ordinance No . 14-73 , and
WHEREAS, Ordinance No . 36-64-A providing the cable tele-
vision franchisee the authority to finance installation charges
at excessive interest rates has remained non-effective because
a written record of acceptance has never been received nor does
the franchisee desire the authority, and
WHEREAS , Ordinance No . 22-65-A providing rules of procedure
for the Zoning and Planning Board is outdated and unobserved, and
the Board properly desires to promulgate its own rules of proced-
ure , and
WHEREAS, Ordinance No . 10 -68 , which amends section 2 of
Ordinance No . 64-10 , should have been repealed by Ordinance No .
19-71 , which amended said section 2 in its entirety, and
WHEREAS, Ordinance No. 3-71 regarding obscene material is
identical to Section 847 . 011 , Florida Statutes , which this body
has already adopted by Ordinance No . 1-62 , and
WHEREAS , Ordinance No . 22-71 , which amends section 3
(c) of the Sign Ordinance of 30 March 1965 , should have been re-
pealed by Ordinance No . 18-72 , which amended said section 3 in
its entirety, and
WHEREAS , Ordinance No . 17-71 , as amended by 10-72,
imposing building permit fees , should have been repealed ex-
plicitly by Ordinance No . 15-73 , which established a new sched-
ule of building permit fees ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL , FLORIDA, AS FOLLOWS :
SECTION 1 . Ordinances No . 14-63 , 14 -A-63 , 46-65 , 36-64-A,
22-65-A, 10-68 , 3- 71 , 22- 71 and 10 -72 hereby stand REPEALED.
SECTION 2 . This ordinance shall become effective immediate-
ly upon adoption .
Page 1 of 2 Ord . #122 -73
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, THIS 3rd DAY OF JULY, 1973.
[signature]
MAYOR
[signature]
CITY CLERK
[signature]
SPONSORING COUNCILMAN
[signature]
CITY ATTORNEY
First Reading: June 19, 1973
Posted: June 21, 1973
Second Reading: July 3, 1973
NAME YES NO ABS
MACLAY YES
RHAME YES
RUTKOWSKI YES
SALVAGGIO YES
THURM YES
Page 2 of 2 Ord . # 22-73
ORDINANCE NO. 18-72 3 Oct. 1972
AN ORDINANCE AMENDING AN ORDINANCE REGUL-
ATING THE LOCATION, CONSTRUCTION, SIZE AND
MAINTENANCE OF SIGNS, ETC. , ADOPTED MARCH
30, 1965, BY QUALIFYING THE EXCLUSION OF
CERTAIN SIGNS; BY PROHIBITING SIGNS ON ROAD
RIGHT-OF-WAY; BY MAKING PROVISION FOR POL-
ITICAL SIGNS ON VACANT LOTS WITH CERTAIN
RESTRICTIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS it is in the interest of the health, safety,
and welfare of the citizens of the City of Cape Canaveral to
regulate the erection of signs which detract from the aesthetic
beauty of the City, which restrict the removal of undesirable
vegetation from the road right-of-way, and which disassemble
and are blown about the City during storms, and
WHEREAS candidates for public elected office do have a
right to inform citizens of the community of their suitability
for the office,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, THAT AN ORDINANCE REGULArIr`G THE LOC-
ATION, CONSTRUCTION, SIZE AND MAINTENANCE OF SIGNS, TEC. , ADOPT-
ED MARCH 30, 1965, AS AMENDED BY ORDINANCE NO. 22-71, IS AGAIN
AMENDED AS FOLLOWS:
SECTION 1. EXCLUSION OF SIGNS QUALIFIED. At Section 2 .
Subsection A, the sentence "The following signs are expressly
excluded from the operation of this Ordinance" is amended to
ok code book. read "The following signs are excluded from the operation of
this ordinance unless hereinafter noted." OR. 18-72 3 Oct. 1972
SECTION 2. SIGNS ON RIGHT-OF-WAY PROHIBITED. At
Section 3, Subsection B, the entire contents of said subsection
are deleted and replaced with the following:
code book ok. B. SIGNS ON RIGHT-OF-WAY PROHIBITED. Except for
signs which are the property of the State of Florida
or of the City of Cape Canaveral or which warn of
a temporary physical danger in the vicinity, no sign
shall be erected, posted, painted, tacked, nailed, or
otherwise placed or located on or above any road right-
OR. 18-72
. . PAGE 1 OF 3
code book
*23-73 deleted
of-way *or other* property of the City of Cape Can-
averal, Section 2 notwithstanding. All signs in
violation of this subsection will be immediately
removed by the City at the owner ' s expense. ok
SECTION 3. SIGNS ON VACANT LAND GENERALLY PROHIBITED.
At Section 3, Subsection C, the entire contents of said sub-
section are amended to read as follows:
21-75 C. SIGNS ON VACANT LAND GENERALLY PROHIBITED.
(a) No signs except real estate or political signs
shall be erected, posted, painted, tacked, nailed, or
otherwise placed or located on or above any vacant lot
or tract of land. A real estate sign shall be any sign
used solely for the sale or lease of property on which
the sign is located. A political sign shall be any sign
used solely to present information suggesting a candidate
suitability for elected public office.
(b) Political signs shall not be erected prior to t
candidate qualifying for office and shall be removed with
in five (5) days following the election in which his name
appears.
21-75 (c) A real estate sign shall not exceed five (5
square feet in size. A political sign shall not exceed
thirty two (32) or be less than five (5) square feet in
size. No cardboard or paper shall be used in the con-
struction of any sign except as a paper face if it rests
entirely on a one-half inch or thicker wood backing, and
is securely attached to the backing by an adhesive over
the entire surface.
21-75 (d) All Signs in violation of paragraphs (a), (b),
and (c) above will be immediately removed at the owner's
expense.
21-75 (e) Existing signs on vacant property shall remain
until they are removed or fall into disrepair. A sign
is in disrepair when so determined by the City Building
OR 18 -72
PAGE 2 OF 3
21-75 Inspector at his discretion. When a sign is so det-
ermined to be in a state of disrepair, the City shall
so notify the sign owner and property owner of the
existing condition; and if the sign owner or property
owner fails or refuses to comply, the City may remove
said sign with all costs to be borne by the sign owner
or property owner. The procedure to be followed by the
City upon determination that a sign is in a state of
disrepair shall be the same as the procedure establisher
in Chapter XXII of the City Charter relating to "Abate-
ment of Nuisances."
(f) No new billboards shall be erected in the
City of Cape Canaveral, Florida. Any new billboard
erected in violation of this paragraph shall be re-
moved within 48 hours of notice to the sign owner and
property owner. If the sign owner or property owner
fails to remove said sign, the City shall do so at the
sign owner ' s or the property owner ' s expense.
SECTION 4. PROVIDING FOR AN EFFECTIVE DATE. This
Ordinance shall become effective immediately upon adoption.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA THIS 3rd DAY OCTOBER, 1972.
[signature]
Mayor
[signature]
CIty Clerk
[signature]
Sponsoring Councilman
[signature]
City Attorney
First Reading: 9-19-72
Second Reading: 10-3-72
POSTED: 9-20-72
OR 18-72
PAGE 3 OF 3
Chap 653
add to code
ORDINANCE NO. 23-77 3. Jan. 1978
AN ORDINANCE REPEALING SECTION 653.03 (A) (2);
AMENDING SECTION 653. 03 (C) AS AMENDED BY ORDINANCE
NO. 21-75 BY ADDING A PARAGRAPH (7) REGULATING
TEMPORARY OFF PREMISE SIGNS; AMENDING SECTION
653. 11 BY CHANGING THE TITLE TO TEMPORARY ON
PREMISE SIGNS, AND ADDING PLYWOOD TO THE LIST OF
MATERIALS ALLOWED FOR SIGN CONSTRUCTION; DELETING
THE LAST SENTENCE OF SECTION 653.11 (A); REPEALING
SECTION 653.11 (B) AND PROVIDING NEW TIME PERIODS FOR
ERECTION OF SIGNS; BY REPEALING ALL ORDINANCES OR
PARTS THEREOF IN CONFLICT; BY PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, as follows:
SECTION 1. Section 653. 03 (A) (2) is hereby repealed. [checkmark]
SECTION 2. Section 653. 03 (C) as amended by Ordinance 21-75 is
amended by adding a paragraph 7 regulating temporary off premise signs:
as follows:
Temporary off premise signs are those signs on property other than
where the business or activity is located. There shall be a limit of one sign
per business or activity erecting a temporary off premise sign.
add [paragraph symbol] 7 (1) Signs may be erected only by the following:
(a) A housing project or subdivision within the City of Cape
Canaveral consisting of ten or more residential units.
(b) Any new business opening within the City of Cape Canaveral.
(2) Any such sign is limited in size to *50 square feet per face and
may be double faced. It shall be constructed of sturdy materials as approved
by the Building Official. There shall be no illumination of any sort provided
specifically for the sign.
(3) The signs may be erected 30 days prior to opening a new business
and shall be removed no later than 60 days after opening, or housing construction
has stopped.
*Amended at Second Reading
(4) Signs may be placed in the following zones with limits as
indicated.
T-1 Zone on Astronaut Boulevard, 75 feet from the right of way,
maximum height, 15 feet.
[paragraph symbol] 7 C-1 Zone on Astronaut Boulevard, 75 feet from the right of way,
maximum height, 15 feet.
C-1 Zone on *Old State Road 401,- 10 feet from the right of
way, maximum height *8 feet.
C-2 Zone on Astronaut Boulevard, no signs of this type permitted.
*C-2 Zone On old State Road *401, 10 feet from the right of way, maximum
height, *8 feet.
M-3 Zone on Old State Road *401 feet from the right of way,
maximum height, *8 feet.
(5) The written consent of the property owner must accompany
each application for sign permit. The agent for an owner will verify in
writing the authority to execute a consent form.
SECTION 3. Section 653.11 temporary signs is amended to read
temporary on premise signs. The list of materials as set forth in this
scctron are amended to add plywood for sign construction. ok
SECTION 4. Section 653.11 (A) is amended by deleting the last
sentence in its entirety.
SECTION 5. Section 653.11 (B) is repealed and the following Section (B)
shall be substituted: These signs may be erected 30 days prior to opening a
new business and shall be removed no later than 60 days after opening, or
housing construction has stopped. Signs for other specific events shall be
removed within seven days after the conclusion of same.
SECTION 6. All Ordinances or parts thereof in conflict with this
Ordinance are hereby repealed.
3 Jan 1978
-2- *Amended on Second Reading
ORDINANCE NO. 23-77
PAGE 2 OF 3
SECTION 7. That this Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this 3 day of January , 1978.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
NAME YES NO
BOYD YES
MURPHY YES
RIGERMAN YES
THURM YES
WELTON YES
First Reading: December 20, 1977
Posted: December 21, 1977
Advertised: December 24, 1977
Second Reading: January 3, 1978
-3-
ORDINANCE NO. 23-77
PAGE 3 OF 3
BEFORE THE
MUNICIPAL COURT OF THE CITY OF CAPE CANAVERAL, FLORIDA
CITY OF CAPE CANAVERAL
Plaintiff
73 427
ROGER R. GRAEFE Case No. 1720
SOL BIALICK Case No. 1721
JESSEE F. COOPER Case No. 1722
Defendants
DECISION
This matter is before the Court on the Defendants'
motion to dismiss .
The Defendants were arrested and charged with violating
Ordinance No. 23-73 of the City of Cape Canaveral. The Ordinance
in question reads , in pertinent part, as follows :
"D. Flashing signs prohibited. Any sign which
contains or uses for illustration any lights or lighting
devices which change color, flash or alternate , shows
movement or motion, or changes the appearance of said
sign or any part thereof is prohibited. "
For the purposes of this Motion to Dismiss , the following.
facts essentially have been stipulated to by the parties . The
signs in question were installed in compliance with the ordinance
as it read prior to the amendment, which was adopted on July 3 ,
1973. Thus each sign complied with the then existing ordinances
of the City of Cape Canaveral , and so far as the records would
show, appropriate building permits were issued by the City.
Counsel for the defendants have raised several objections
in connection with their motion to dismiss . A challenge to the
legality of the ordinance itself has been raised, since the City
Clerk failed to affix the official seal of the City to the
Ordinance. The City Clerk failed to perform what, in the Court's
view, would be a purely ministerial function. It is concluded
that the Ordinance per ee has been properly enacted. To hold
otherwise would make the Clerk more powerful than the Council ,
since the clerk could in effect veto ordinances by simply not
sealing them.
The question remains as to the enforceakeility of the
ordinance with respect to these defendants .
Ordinarily when such ordinances are enacted which
proscribe what was previously permitted uses , the nonconforming
uses may continue, subject to certain restrictions. At such time
as the nonconforming uses cease , they cannot be revived. A
contrary conclusion would result in a situation where ex post
facto , valuable property rights could be taken from the person
without compensation, a conclusion abhorrent to the Constitution
of the United States as well as the State of Florida.
The si.gn ordinance in question has no provisions for
compensating persons who may lose property rights as a result of
a change in the sign ordinance. Pertinent to this discussion
are the provisions of Section 47e . 23 and 479 . 24 of the Florida
Statutes governing the removal of billboards from state highways .
The statutes in question provide an amortization period of five
years for signs which become nonconforming , and also provides for
compensation to be paid to the person owning the sign.
No similar provisions are found in the subject ordinance.
Indeed, the period of time between enactment of the ordinance and
its effective date was thirty days ; hardly sufficient time to
amortize the value of the signs or the features of the signs
which the ordinance would prohibit.
It is my opinion that the controlling case in this
instance is Sakolsky v. City of Coral Gables , 151 So. 2d 433. In
Sakolsky v. City of Coral Gables , the City of Coral Gables had
granted a building permit for the construction of a high rise
condominium. In reliance upon the grant of a. permit, the builder
began incurring substantial costs. Subsequently, the city
lattempted to rescind the building permit to halt the construction
of the building. The Supreme Court held that the city was
equitably estopped from rescinding the building permit, even
though the builder might have been placed on notice that the
municipality might change its mind with respect to the wisdom of
issuing the permit in the first place.
The instant case falls within the ambit of Sakoisky.
The defendants secured permits to erect their signs ; the signs
were lawful when erected. The signs have been in existence for
a number of years and have a value to their respective owners .
The city is equitably estopped from denying the legality of the
signs . For this reason, the defendants ' motion to dismiss is
hereby granted.
[signature]
Ashmun Brown
Dated: Substitute City Judge
November 19 , 1973
Copies for:
Howard Warren, Esquire
3500 N. Atlantic Avenue
Cocoa Beach, Florida. 32931
Attorney for Defendants Graefe and Bialick
James L. Graham, Esquire
P. 0. Box 576
Titusville , Florida 32780
Attorney for Defendant Cooper
Wolfman and Scott, P. A.
P. 0. Box 513
Merritt Island, Florida 32952
Attorneys for Plaintiff
653
18 Dec. 1973
Get all History
Mir & Ord
Deedeed Part
unconstitutional
ORDINANCE NO. 49 -73
AN ORDINANCE AMENDING THE SIGN ORDINANCE OF
MARCH 30, 1965, 1965, AS AMENDED BY RESCINDING
ORDINANCE NO. 23-73, WHICH ORDINANCE IS ENTITLED
"AN ORDINANCE AMENDING THE SIGN ORDINANCE BY
CLARIFYING THE RIGHT-OF-WAY PROHIBITION; BY
PROHIBITING FLASHING AND PORTABLE SIGNS; BY
ESTABLISHING A SIGN HEIGHT LIMITATION; BY ALTER-
ING THE PENALTY PROVIDED; PROVIDING AN EFFECTIVE
DATE."; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Ordinance No. 23-73, which is entitled "An Ordinance
Amending the Sign Ordinance by Clarifying the Right-of-Way Prohibition; By
Prohibiting Flashing and Portable Signs; By Establishing a Sign Height
Limitation; By Altering the Penalty Provided; Providing an Effective Date, "
is hereby amended as follows: said Ordinance, which reads as follows, is
rescinded in its entirety:
"BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Right-of-way Prohibition Clarified. Section 3,
subsection B, of the Sign Ordinance of March 30, 1965, as
amended by Ordinances No. 22-71 and 18-72 is further amended
by deleting the word "other" in the phrase "...on or above any
road right-of-way or other property of the City of Cape Canaveral,
..."
ok in code
add D. Flashing Signs Prohibited. Any sign which contains or
uses lights or lighting device or devices which flash or
alternate, is prohibited.
SECTION 3. Portable Signs Prohibited. Section 3 of the Sign
Ordinance of March 30, 1965, as amended by Ordinances No. 22-
71 and 18-72 is further amended by adding a new subsection E as
follows:
add E. Portable Signs Prohibited. Any sign which is mobile art
J not securely and permanently attached to the ground or a
building is prohibited.
SECTION 4. Sign Height Limited. Section 3 of the Sign Ordinance
of March 30, 1965, as amended by Ordinances No. 22-71 and 18-
72 is further amended by adding a new subsection F as follows:
F. Sign Height Limited. No sign shall be supported so that
the uppermost edge is more than thirty (30) feet above the
ground. This limitation shall not apply to any sign on the
face of any building. Existing signs are excluded from the
operation of this provision until they fall into a state of
disrepair or are moved or altered.
SECTION 5. Penalty Altered. Section 14 of the Sign Ordinance
of March 30, 1965, as amended by Ordinances No. 22-71 and
18-72 i s further amended by changing the sentence: "Although
each day a violation is committed shall constitute a separate
offense and shall be punishable as such, however, no person add to code 653.4
add shall be charged with or convicted of more than one violation.
to read "Each day a violation is committed shall constitute a
separate offense and shall be punishable as such."
SECTION 6. Sections 1, 2, 4 & 5 of this ordinance shall become
effective immediately upon adoption. Section 3 of this ordinance
shall become effective thirty (30) days after adoption. "
SECTION 2. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its 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 18TH day of DECEMBER , 1973.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
First Reading: 11/20/73
Advertised: 11/26/73
Posted: 11/21/73
Second Reading: 12-18-73
NAME YES NO ABS
MACLAY NO
RHAME YES
RUTOWSKI [no marking]
SALVAGGIO YES
THURM YES
AMENDED
ORD. 22-71
ORD. 18-72
ORD. 23-73
ORD. 21-75
ORD. 23-77
49-73
30. Mar 1965
INDEX
ORDINANCE NO.
AN ORDINANCE REGULATING THE LOCATION,
CONSTRUCTION, SIZE AND MAINTENANCE OF
SIGNS, BILLBOARDS, MARQUEES, CANOPIES,
AND AWNINGS IN THE CITY OF CAPE CANAVERAL;
PROVIDING FOR THE ISSUANCE OF PERMITS
AND [illegible] THEREFOR: AND PROVIDING PRNALTIES
FOR VIOLATION OF PROVISIONS HEREIN.
SECTION 1. SHORT TITLE 1
SECTION 2. APPLICATION OF ORDINANCE 1
SECTION 3. RESTRICTIONS ON SIGNS IN ALL
USE ZONES 2
SECTION 4. PERMITS REQUIRED 4
SECTION 5. APPLICATION FOR ERECTION PERMIT 5
SECTION 6. WIND PRESSURE AND DEAD LOAD
REQUIREMENTS 5
SECTION 7. OBSTACLE [illegible] DOORS, WINDOWS
OR FIRE ESCAPES 5
SECTION 8. SIGNS NOT TO CONSTRUE
TRAFFIC HAZARD 6
SECTION 9. SIGN LIGHTING 6
SECTION 10. OBSCENE MATTER PROHIBITED 6
SECTION 11. SEAPORT [illegible] SIGNS 6
SECTION 12. MARQUEES 7
SECTION 13. [illegible] CANOE 8
SECTION 14. [illegible] 9
SECTION 15. SEPARABILITY 9
SECTION 16. SECURITIES, BOND OR[illegilble] 9
30 MARCH 65
PAGE 1 OF 11
ORDINANCE NO.
AN ORDINANCE REGULATING THE LOCATION,
CONSTRUCTION, SIZE AND MAINTENANCE OF
SIGNS, BILLBOARDS, MARQUEES, CANOPIES,
AND AWNINGS IN THE CITY OF CAPE CANAVERAL;
PROVIDING FOR THE ISSUANCE OF PERMITS
AND FEES THEREFOR: AND PROVIDING PENALTIES
FOR VIOLATION OF PROVISIONS HEREIN.
WHEREAS, it has been found and determined by the
City Council of the City of Cape Canaveral that it is necessary
to the public health, safety, morals, and general welfare of
the city to regulate the location, size and maintenance of
signs, billboards, marquees, canopies and awnings;
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL DOES
ORDAIN:
SECTION 1. SHORT TITLE:
635.01 This Ordinance shall hereafter be known and cited
as the "Sign Ordinance."
SECTION 2. APPLICATION OF ORDINANCE.
635.02 A. The following signs are expressly excluded from
the operation of this Ordinance.
A 1. Signs painted on the exterior surface of buildings.
B 2. Decals affixed to or signs painted on
store fronts, store equipment, samples, fuel pumps, or other
type of vending equipment, canopies, fuel pumps, or other
type of vending equipment used for dispensing retail products.
C 3. Signs wholly within a building.
D 4. Memorial signs, tablets, or plaques, or
names of buildings and date of erection, when the same are
out into any masonry surface or when construction of bronze
or other incombustible material.
E 5. Professional name plates not exceeding
three (3) square feet in area.
F 6. Bulletin board not over eight (8) square
feet in area for public, charitable, or religion institutions
when the same are located on the premises of such institution,
1
30 MARCH 65
PAGE 2 OF 11
and one (1) identification sign not exceeding ten (10)
square feet.
G 7. SIgns noting the architect, engineer
or contractors when placed upon work under constution,
provided such signs shall be removed within thirty (30)
says ofCertificate of Occupancy.
H 8. Occupational signs denoting only the
name and profession of an occupant in a commercial building,
public institutional building or dwelling house, placed
flat against the exterior of the building and not
exceeding three (3) square feet in area, except in Residential
Single Family and Duplex where the size shall be one (1)
square foot.
I 9. Directional signs to historical or
geographical points of interest which are maintained or
operated as commercial alterations or enterprises.
J 10. Traffic or other municipal signs, legal
notices, danger signs, and temporary emergency or non-
advertising signs.
K 11. Signs securely affixed to and parallel
with exterior surface of a building which do not extend more
than eight (8) inches from the building.
L 12. Signs consisting of an arrangement of a
group of single cut-out letters when securely fastened to a
building or structural part of a building. Ord 18-72, §1 3 Oct 1972
SECTION 3. RESTRICTIONS ON SIGNS IN ALL USE ZONES.
Repealed 23-77 653.03 A. No sign of any type shall be allowed in any
R-1A Single Family Dwelling District or R-1, One Single
Family District of the City of Cape Canaveral except the
following:
(1) Signs of the types set forth in Section 2,
Items 3 through 10 inclusive, and one (1) sign limited in size
to five (5) square feet advertising property for sale or rent.
Said sign shalll not be nearer than twenty (2) feet from the
curb or paved street line on both improved and unimproved lots.
2
30 MARCH 65
PAGE 3 OF 11
(2.) 2. In connection with any new development
comprising not less than ten (10) houses or lots, a
temporary sign not exceeding twenty-four (24) square feet
in area may be erected for a period of one (1) year and
renewed for one (1) year thereafter. Said sign to be
erected on entrance to subdivision subject to specific formal
approval of the City Council. Sign on Right of Way Prohibited.
B B. No sign shall be erected or located on or
over any public thoroughfare, street, alley, sidewalk or
right-of-way within any zone of the City of Cape Canaveral
except as hereinafter provied. Upon application and an
adequate showing of hardship, the Board of Adjustment of the
City may approve exceptions allowing the erection of signs
over a sidewalk or right-of-way. Any such sign approved by
the City Council shall not project for a distance of more
than four (4) feet over any city sidewalk or right-of-way
and shall be placed at least eight (8) feet above the
public sidewalk or ground over which it is erected. In no
event shall any sign be erected or permitted to project
over any portion of a street, alley or public thoroughfare.
The lawful use of any signs existing at the
time of the adoption of this Ordinance may be continued
althrough such use does not confirm to the provisions hereof.
Signs described and defined in Section 2,
Items 9 and 10, are exempt from this provision except that
any signs listed in Item 9 only may be placed on public
property with the express permission of the City Manager.
Signs indicating points of local interest listed in Item 10
may only be placed on public property with the express
consent and formal approval of the City Council.
(C) Signs on Vacant Land Generally Prohibited
No sign shall be placed on any vacant lot
or tract of land in excess of thirty-two (32) square feet.
Signs presently existing which exceed thirty-two (32) square
feet will be permitted to remain until such time as same are
removed or fall into disrepair, in which event any new or
replacement sign must confirm to this provision.
3
30 MARCH 65
PAGE 4 OF 11
D. It is the expressed legislative intent of
the City Council that there shall be a prohibition, without
any exceptions, against the use of any portion of a street,
sidewalk, alley, right-of-way, or public thoroughfare for
the display of merchandise for sale, or the location of
portable or movable signs or stands to advertise or draw
attention to the business of any person, or the parking of
vehicles or other type of contrivance which are in and of
themselves unique and unusual and are parked for the purpose
of attracting attention to a personas place of business,
or the parking of vehicles or other types of contrivances
to which there is attached a sign advertising the business.
of or product sold by the business of any person, firm or
corporation or designed to attract attention thereto; provided,
however, that the foregoing prohibition against the use of the
streets for the parking of vehicles is not intended to prohibit
the bonafide parking of any vehicle used primarily by the owner
thereof for the purpose of transportation, notwithstanding
that such vehicle may have painted upon the exterior surface
the ownerts name or address or business slogan or trademark
or other emblem which identifies the vehicles owner or business
in a manner consistent with that customarily found on commercial
vehicles or vehicles used for commercial purposes.
SECTION 4. PERMITS REQUIRED.
653.04 A. It shall be unlawful for any person to install,
alter, or relocate any sign, marquee, canopy, aiming or other
advertising structure except those described in Section 2
and Section 3 herein without first obtaining a permit from
the City Building Inspector and making payment to the City
Clerk the fee as required by the schedule of fees established
for construction of miscellaneous structures. All illuminated
signs shall in addition, be subject to the provisions of any
Construction Codes of the City and the permit fees required
thereunder.
4
30 MARCH 65
PAGE 5 OF 11
653.05
SECTION 5. APPLICATION FOR ERECTION PERMIT.
Application for erection permits shall be made
upon blanks provided by the Building Inspector, and shall
contain or have attached thereto the following information:
A.. Name, address and telephone number of the
applicant.
B. Whether applicant is "owner" or "lessee",
and if latter, show authority of owner.
C. Location of building, structure, or lot
to which or upon which the sign or other advertising
structure is to be attached or erected.
D. Plot plan showing position of the sign or
other advertising structure in relation to nearby buildings
or structures.
E. Two blueprints or ink drawings of the plans
and specifications and method of construction and attachment
to the building or in the ground.
F. Name of person, firm, corporation or association
erecting structure.
G. Any electrical permit required and issued for
said sign.
H. Such other information as the Building
Inspector shall require to show full compliance with this
and all other laws and ordinances of the City.
SECTION 6. WIND PRESSURE AND DEAD LOAD REQUIREMENTS.
653.06 All signs and other advertising structures shall
be designed and constructed to withstand a wind velocity as
set forth in the Southern Standard Building Code, as amended,
and shall be constructed to receive dead loads as required
by the said Southern Standard Building Code, as amended, or
other Ordinances of the City of Cape Canaveral, Florida.
SECTION 7. OBSTRUCTION TO DOORS, WINDOWS OR FIRE ESCAPES.
653.07 No sign shall be erected, relocated or maintained
so as to prevent free ingress to or egress from any door or
5
30 MARCH 65
PAGE 6 OF 11
fire escape. " No sign of any kind shall be attached to a
stand pipe or fire escapee
SECTION 8. SIGNS NOT TO CONSTITUTE TRAFFIC HAZARD.
653.08 No sign or other advertising structure as regulated
by this Ordinance shall be erected at the intersection of any
street in such a manner as to obstruct free and clear vision;
or at any location where, by reason 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 or words commonly used on
traffic control signs or signals. See Ord. 81-64 PAGE 27
SECTION 9. SIGN LIGHTING.
653.09 Goose neck reflectors, spot lights, flood lights,
and other lights shall be permitted on ground signs, roof
signs, and wall signs, provided, however, the reflectors
shall be provided with proper glass lenses concentrating the
illumination upon the area of the sign so as to prevent
glare upon the street or adjacent property.
SECTION 10. OBSCENE MATTER PROHIBITED.
653.10 It shall be unlawful for any person to display
upon any sign or ether advertising structure any obscene,
indecent or immoral matter.
SECTION 11. TEMPORARY SIGNS
Temporary on premise signs 23-77 change this
653.11 A. Banner Signs: No sign of any character shall
be suspended across any public street, avenue or alley; nor
shall any sign of any description be painted, pasted, printed
or nailed on any curb or Sidewalk or upon any trees, light
standards, utility poles, hydrants, bridges, or any structures,
other than awnings, within the property lines of any street,
avenue or alley within the limits of the City of Cape Canaveral,
6
30 MARCH 65
PAGE 7 OF 11
except with the permission of the City Council nor shall
any sign of any kind be attached to any private wall, window, .
door, gate, fence or to any other private structure except
with the written permission of the owner or lessee and as
restricted otherwise in this Ordinance. delete 23-77 Such written
permission shall be filed with the Building Inspector and
all such signs shall be removed within seven (7) days from
conclusion of said need.
Delete 23-77 add new paragraph B. The General Regulations shall be modified
as herein for temporary signs for private advertising purposes,
1. Permits for temporary signs shall authorize
the erection of said signs and maintenance thereof for a period
not exceeding ninety (90) days, and permits cannot be renewed
for the same sign, nor can the same owner be issued another
temporary permit on the same location, within sixty (60) days
from the date of expiration of any previously issued temporary
permit. Signs for specific events shall be removed within
seven (7) days after conclusion of same.
SECTION 12. MARQUEES.
653.12 A. Marquee as regulated by this Ordinance shall
include any hood or awning of permanent construction projected
from the wall of a building above the entrance and extending
over a thoroughfare.
B. In addition to the General Regulations, the
following shall apply to marquees:
1. All marquees including the anchors, bolts,
support rods, and braces thereof, shall be designed by a
registered engineer and shall be properly guttered and connected
by down spout to a sewer so that the water therefrom will not
drip or flow on the public property, and the roof thereof shall
be used for no other purposes than to form and constitute a
roof.
2. No marquees shall be permitted to extend
beyond the point two (2) feet inside the curb line.
7
30 MARCH 65
PAGE 8 OF 11
3. Marquees shall be supported solely to
the building to which they are attached, and no columns or
posts shall be permitted as support thereof. The roof of
any marquee shall be designed and constructed to support a
live load of not less than one hundred (100) pounds per
square foot, except that this provision shall not apply to
awnings. No marquee shall be erected on any building or
wooden frame construction unless attached to the masonry,
concrete or steel supports of the building.
4. Signs attached to or hung from a
marquee shall be completely within the border line of the
marquee outer edge.
SECTION 13. AWNINGS AND CANOPIES.
653.13 A. Awning shall include any structure made of
fire resistant cloth, metal or plastic with a metal frame
attached to a building and projecting. over a sidewalk or
thoroughfare when the same is so erected as to permit its
being raised or lowered to a position flat against the
building when not in use. A canopy shall include any
structure, other than an awning, made of fire resistant
cloth, plastic, or metal with metal frames attached to a
building, projecting over a thoroughfare or sidewalk, and
carried by a frame supported by the ground or sidewalk.
B. The General Regulations shall be modified for
awnings and canopies as follows;
1. Canopies and awnings may be constructed
of fire resistant cloth, metal, or plastic, but all frames
and supports shall be of metal.
2. No canopy shall exceed ten (10) feet in
width, but there is no limitation on thb width of awning.
All such awning or portions of such awnings and canopies shall
be not less than seven (7) feet above the level of the sidewalk,
and shall not extend beyond a point two (2) feet inside the
curb line.
8
30 MARCH 65
PAGE 9 OF 11
3. Every awning shall be securely attached
to and supported by the building, and posts or columns beyond
the building line shall not be permitted. When such building
is less than ten (10) feet from public property, no awning
shall be attached to the wood jams, frames, or other wood
members of the building.
SECTION 14. PENALTIES.
653.14 Any person violating any provision of this Ordinance
shall be deemed guilty of a violation of this ordinance and
upon conviction thereof shall be fined not more than fifty
dollars ($50.00), or subject to imprisonment in the city jail
not exceeding ten (10) days, or by both such fine and imprison-
ment at the discretion of the court. Although each day a
violation is committed shall constitute a separate offense
and shall be punishable as such, however, no person shall be
charged with or convicted of more than one violation. Nothing
in this Section shall be construed to prohibit the removal
or alteration of any sign or other advertising structure after
notice given as herein provided, nothwithstanding that the
person owning or maintaining the same shall have been convicted
for a violation of this Ordinance. 23-73 §5 3 Jul 1973
SECTION 15. SEPARABILITY.
653.15 If any section, sub-section, sentence, clause,
phrase, or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent juris-
diction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect
the validity of the remaining portions thereof.
SECTION 16. SECURITIES, BOND OR INSURANCE.
653.16 A. Bond. The owner or person in control of a
sign, awning, marquee, or banner of any kind whatsoever,
suspended over or extending into any public right-of-way
more than one (1) foot beyond the property lino, shall execute
a bond in the sum of Five Thousand Dollars ($5000.00) with
sureties approved by the City Attorney, indemnifying the City
against all loss, coat, damage, or expenses incurred or
9
30 MARCH 65
PAGE 10 OF 11
sustained by, or judgments recovered against the city, or
by any of its officers, employees, appointees, or servants,
by reason of the construction or methods of such sign,
awning, marquee or banner whatsoever and also conditioned
to indemnify any person for any injury sustained by reason
of such construction or maintenance.
B. Insurance. In lieu of the bond required in
Paragraph (A) above, the owner or person in control of a
sign, awning, marquee or banner of any kind suspended or
extending pinto the public right-of-way beyond one (1) foot
of the property line, may substitute therefor a Public
Liability and Property Damage Insurance Policy by any insurance
company authorized to do business in the State of Florida,
in the same amount and with the same conditions as required
by Paragraph A) above.
SECTION 17. REPEAL OF EXISTING ORDINANCE.
All Ordinances or parts of Ordinances of this
city in conflict herewith are hereby repealed.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, on the 30 day of March, 1965.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[no signature]
City Attorney
First Reading: March 17, 1965
Second and Final Reading: March 30, 1965
Posted the 19 day of March, 1965.
10
30 MARCH 65
PAGE 11 OF 11
ORDINANCE NO, 22-73 7/3/73
AN ORDINANCE REPEALING ORDINANCES NO. 14-63,
14-A-63, 46-65 , 36-64-A, 22-65-A, 10-68, 3-71,
17-71, 22-71 AND 10-72; PROVIDING AN EFFECTIVE
DATE,
WHEREAS, Ordinance No . 14-63, as amended by 14-A-63,
establishing a utility service tax , should have been repealed
by Ordinance No. 64-10, which established a new utility tax
scheme, and
WHEREAS, Ordinance No . 46-65 establishing council compensa-
tion, conflicts with newly enacted Ordinance No . 14-73, and
WHEREAS, Ordinance No. 36-64-A providing the cable tele-
vision franchisee the authority to finance installation charges
at excessive interest rates has remained non-effective because
a written record of acceptance has never been received nor does
the franchisee desire the authority, and
WHEREAS, Ordinance No. 22-65-A providing rules of procedure
for the Zoning and Planning Board is outdated and unobserved, and
the Board properly desires to promulgate its own rules of proced-
ure, and
WHEREAS, Ordinance No . 10 -68, which amends section 2 of
Ordinance No . 64-10, should have been repealed by Ordinance No .
19-71, which amended said section 2 in its entirety, and
WHEREAS, Ordinance No . 3-71 regarding obscene material is
identical to Section 847 . 011, Florida Statutes , which this body
has already adopted by Ordinance No . 1-62, and
WHEREAS, Ordinance No . 22-71 , which amends section 3
(c) of the Sign Ordinance of 30 March 1965, should have been re-
pealed by Ordinance No . 18-72 which amended said section 3 in
its entirety, and
WHEREAS, Ordinance No . 17 -71, as amended by 10- 72,
imposing building permit fees , should have been repealed ex-
plicitly by Ordinance No. 15-73, which established a new sched-
ule of building permit fees,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL , FLORIDA , AS FOLLOWS:
SECTION 1. Ordinances No . 14 -63, 14-A-63, 46-65, 36-64-A,
22-65-A, 10-68, 3-71, 22-71 and 10-72 hereby stand REPEALED.
SECTION 2 . This ordinance shall become effective immediate -
ly upon adoption.
Page 1 of 2 Ord. #22-73
Chapter 653 History
Ord 9-82
Chapter 27
SIGNS AND ADVERTISING*
Sec. 27-1. Title.
This chapter shall be known and may be cited as the
"Sign Ordinance" of the City of Melbourne, Florida. (Ord.
No. 80-54, § 1, 8-26-80)
Sec. 27-2. Statement of purpose.
The purpose of this chapter is to create regulations for the .
design, construction and location of signs that will protect
the safety and welfare of the public, eliminate dangerous
and unsightly signs and provide for adequate maintenance
and inspection of signs without impeding the inherent right
of business to advertise and reasonably assist potential
customers in locating and identifying any service or facility
they may desire to use or any product they may desire to
purchase. (Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-3. Scope.
This chapter is intended to cover all requirements relative
to the types, sizes, heights, verbal content, permissible
locations, restrictions, permits and licenses, inspections,
indemnification, materials of manufacture and/or construc-
tion, methods of erection, maintenance, procedure for
requesting variances, and penalties for violation of the
Editor's note—Section 1 of Ord. No. 80-54, adopted Aug. 26, 1980,
repealed former Ch. 27, §§ 27-1-27-14, and enacted a new Ch. 27, §§
27-1-27-22, in lieu thereof. The editor has omitted § 27-23, severability
provisions, from codification, to preserve Code format. The deleted
provisions derived from Melbourne Code 1963, §§ 21-1-21-14; Ord. No.
64-18, §§ 2-12, 14, 17, adopted June 23, 1964; Ord. No. 65-1, §§ 1-3,
adopted Jan. 26, 1965;Ord.No. 65-12,§ 1,adopted May 11,1965;. and Ord.
No. 69-2, § 1(21),adopted Nov. 6, 1969.
Cross references—Permit for use of sound amplifying equipment, §
22-37; merchandising, advertising and signs in parks, § 23-25; house
numbering, § 29-17.
State law reference—Outdoor advertising, F.S.,Ch. 479.
Supp.No.35 1013
§27-3 MELBOURNE CODE §27-5
provisions prescribed herein for aII signs placed, installed
and/or erected within the limits of the City of Melbourne
which are exposed to the out-of-doors view of the public.
(Ord. Nc. 80-54, § 1, 8-26-80)
§ 27-5
Sec. 27-4. Administrator.
[checkmark] The building official shall act as administrator of the
provisions of° this chapter, acting in lieu of the governing
body. As used in this chapter, "administrator" shall include
his authorized representative. (Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-5. Definitions.
Unless otherwise clearly required by the context, the terms
used in this chapter shall have the following meanings; the
word "shall" is always mandatory and not merely directory:
Attraction board: Any sign on which the copy may be
manually changed from time to time by use of changeable
letters or panels.
Awning: Any structure made of cloth or metal with a
metal framework attached to a building and projecting over
a thoroughfare, so erected as to permit its being raised to a
position flat against the building when not in use.
[checkmark]Banner sign: Any sign having the characters, letters,
illustrations or ornamentations applied to cloth, paper or
fabric.
Billboard or off -premise sign: A sign advertising a
product or service, including entertainment or candidacy,
which product or service is not available for sale or
performance at the place where the sign is located.
City: The City of Melbourne, Florida.
City council or council: The city council of the City of
Melbourne, Florida.
Erect: Shall mean to build, construct, attach, hang, place,
suspend or affix, and shall also include the painting of wall
signs.
Supp. No. 35
1014
§ 27-5 SIGNS AND ADVERTISING § 27-5
Exempt signs: Signs exempted from normal permit
requirements.
Ground sign: A sign when such sign is supported by
uprights or braces in or upon the ground.
Marquee sign: A projecting sign attached to or hung from
a marquee or said 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.
Noncombustible material: Is one which, in the form and
thickness in which it is used, meets any of the following
requirements:
(1) Materials which pass the test procedure for defining.
noncombustibility of elementary materials set forth in
ASTM E136.
(2) Materials having a structural base of noncombustible
materials as defined in paragraph (1), with a
surfacing not more than one -eighth -inch thick which
has a flame -spread rating not greater than fifty (50)
when tested in accordance with the method of test for
surface burning characteristics of building materials
set forth in ASTM E84.
Nonconforming sign: 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 regulations and restrictions of this chapter, or a
nonconforming sign for which a special permit has been
issued.
Outdoor advertising display: Any letter, figure, character,
mark, plane, point, marquee, sign, design, poster, pictorial
picture, stroke s ripe, line, trademark, reading matter, or
illuminate d service which shall be constructed, placed,
attached , painted , erected, fastened or manufactured in any
manner whatsoever so that the same shall be used for
attraction of the public to any place, subject, person, firm,
corporation, public performance, article, machine or mer-
Supp. No. 35
1015
§ 27-3 MELBOURNE CODE § 27-5
provisions prescribed herein for all signs placed, installed
and/or erected within the limits of the City of Melbourne
which are exposed to the out-of-doors view of the public.
(Ord. Nc. 80-54, § 1, 8-26-80)
§ 27-5 MELBOURNE CODE § 27-5
chandise, whatsoever, which is displayed in any manner
whatsoever out-of-doors.
Owner: The person owning the fee-simple title to the
property upon which a sign is located for which a permit is
required.
Permit tee: The person in possession or having the
beneficial use of property upon which a sign is located for
which a permit is required.
Person: Shall mean and include any person, firm,
partnership, association, corporation, company or other
legal entity.
Portable and/or mobile signs: Signs that may be hauled
or towed from one location to another, are self-supporting
and, when placed, are not permanently attached to the
ground or a building.
Projecting sign: A sign which is affixed to any building
wall or structure and extends beyond the building wall,
structure, building line or property line more than twelve
(12) inches.
Registered engineer: An engineer registered in the State of
Florida who is in good standing with the Florida State
Board of Engineering Examiners.
Roof sign: Any sign erected upon, against or directly
above a roof or on top of or above the parapet of a building.
Shopping center: A building with two (2) or more
businesses used for the display or sale of merchandise.
Sign: Shall mean and include every display, billboard,
ground sign, wall sign, roof sign, illuminated sign,
projecting sign, temporary sign, marquee, awning and street
clock, and shall include any announcement, declaration,
demonstration, display, illustration or insignia used to
advertise or promote the interests of any person when the
same is placed out-of-doors in view of the general public.
Sign erector or contractor: Any person engaged in the
construction, reconstruction or erection of any sign requiring
Supp.No. 35 1016
§ 27-5 SIGNS AND ADVERTISING § 27-7
structural framework and support,or using electric power,or
requiring a scaffold for erection or application.
Sign writer or painter: Any person engaged in the
painting or application.of signs on windows, doors, walls,
awnings or elsewhere, when such signs require no structural
framework or electric power.
Snipe sign: 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.
Wall sign: A sign that is affixed to the wall of any
building, when such sign shall project not more than twelve
(12) inches from the building. (Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-6. Conformance.
All signs or other advertising structures erected with-
in the limits of the city shall conform to the provisions
of this chapter. Every sign or other advertising structure
lawfully permitted at the time of adoption of this chapter,
which violates or does not conform to the provisions
hereof, shall be removed or altered or replaced so as to
conform with this chapter within five (5) years. (Ord. No.
80-54, § 1, 8-26-80)
Sec. 27-7. Permits and inspections.
(a) Permits Required.
(1) General. Except as otherwise provided in the provi-
sions of this chapter, it shall be unlawful for any
person to paint, erect, construct, enlarge, move or
make structural alterations to any sign within the city
or cause the same to be done without first obtaining a
sign permit for each such sign from the building
official as required by this chapter. These directives
shall not be construed to require any permit for a
change of copy on a sign, nor for the repainting,
cleaning and other normal maintenance or repair of a
sign or structure for which a permit has previously
Supp.No.35
1017
§ 27-7 MELBOURNE CODE § 27-7
been issued, so long as the sign or sign structure is
not modified in any way.
No new permit is required for signs which have
permits and which conform with the requirements of
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.
(3) Application for Erection permit. When an application for a permit
for the erection, alteration or relocation of a sign has
been properly made and the sign complies with the
provisions of this chapter and all other applicable
ordinances and regulations of the city, the building
official shall issue the requested permit. A separate
electrical permit shall be required for any sign
containing electrical components to be connected to an
electrical energy source. If the work authorized under
an erection permit has not been completed within six
(6) months after date of issuance, the said permit
shall become null and void.
(4) Revocation of permit. The building official is hereby
authorized and empowered to revoke any permit
issued by him for failure of the permittee to comply
with any of the provisions of this chapter. Such
revocation shall be in writing and shall show cause
for the revocation notice.
(5) Permit fees. Permit fees for the erection, alteration,or
relocation of a sign exclusive of any costs for an
electrical permit shall be as follows:
a. For issuing a permit, the fee shall be ten dollars
($10.00).
b. In addition, the inspection fee shall be calculated
at fifty cents ($0.50) per square foot of sign area.
This calculation shall be based on the largest sign
area, in the case of sign of more than one face.
c. If a reinspection is required, an additional five
dollars ($5.00) will be charged.
Supp.No.35 1018
§ 27-7 SIGNS AND ADVERTISING § 27-7
d. If any person commences any work before
obtaining the necessary permit, the fee shall be
doubled.
(5) Permits for temporary signs. Permits for temporary
signs shall be issued for a period not exceeding thirty
(30) days.
(6) Permits for portable or mobile signs. A permit for a
portable, or mobile sign may be issued for any one
location twice during a twelve-month period. This
permit shall not exceed a period of fourteen (14) days.
If such sign is not removed within three (3) days after
expiration of a permit, the city may remove the sign.
Such removed sign will be held for a period of not less
than sixty (60) days; at such time said sign will be
sold to pay the cost incurred for removal and storage
of said sign. The owner of said sign may retrieve said
sign if he pays said costs prior to the sale.
(b) Inspections. Signs for which permits have been issued
shall be inspected during and at completion of construction,
annually after erection and at such times as deemed
necessary by the building official. Authority for and time of
such inspections shall be as follows:
(1) Inspection by building official. The building official is
hereby empowered to enter or inspect any building,
structure or premises in the city upon which, or in
connection with which a sign, as defined by this
chapter, is located, for the purpose of inspection of the
sign, its structural details and electrical connections,
and to ensure compliance with the provisions of this
chapter. Such inspections shall be carried out during
business hours, unless an emergency exists.
(2) Construction inspections. The person constructing,
erecting or relocating a sign for which a permit is
required shall notify the building official at all stages
of construction that require inspection and approval
by the city engineering department. The requirements
for such inspections are as follows:
Supp.No 36 1019
§ 27-7 MELBOURNE CODE § 27-9
a. A footing inspection for all detached signs shall
be required.
b. A final structural inspection shall be required at
completion of the work on all types of signs.
c. A final electrical inspection shall be required on
all signs containing electrical components and
wiring to be connected to an electrical energy
source.
(3) Annual inspection. Each sign that required a permit
for erection shall be inspected annually by the
building official to ascertain whether the sign is being
maintained in a safe condition and whether it is in
need of maintenance or removal. When the inspection
reveals repair or maintenance is needed, the owner
shall be notified in writing. The owner shall have ten
(10) days to make said repairs or remove the sign. If
this order is not complied with, the building official
may remove the sign and a lien may be filed against
the property for said expense incurred in removal of
the sign. (Ord. No. 80-54, § 1, 8-26-80)
[checkmark] Sec. 27-8. Identification of signs.
Every outdoor advertising display sign hereinafter erect-
ed, constructed or maintained, for which a permit is
required, shall be plainly marked with the name of the
person, firm or corporation erecting and maintaining such
sign and shall have affixed on the front thereof the permit
number issued for said sign by the building official. (Ord.
No. 80-54, § 1, 8-26-80)
[checkmark] Sec. 27-9. Abandoned signs 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 (10) days of the service of written notice from
the building official to so do, 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 (6)
consecutive months prior to the date of said notice from the
Supp.No.36 1020
§ 27-9 SIGNS AND ADVERTISING § 27-10
building official. If the order to remove is not complied with,
the building official may remove the sign and a lien may be
filed against the property for said expense incurred in
removal of the sign.
(b) Hazardous signs. The building official 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 may
require the removal of any sign which is not properly
maintained or which otherwise shows signs of neglect 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 after forty-eight (48) hours from the
time of notice by the building official requesting the
removal of such sign, unless within that time, the permittee
or owner shall have filed with the building official notice of
his intention to appeal his decision to the board of
adjustment. Any such sign displayed more than forty-eight
(48) hours after notice to remove said sign may be removed
by the city at the expense of the permittee or owner unless
the matter be pending on appeal to the board of adjustment
or unless the decision of the building official has been
reversed by the board of adjustment. (Ord. No. 80-54, § 1,
8-26-80)
Sec. 27-10. Penalty for violation.
Any person who knowingly violates or fails to comply
with any of the provisions of this chapter, or the erector,
owner or user of an unlawful sign, or the owner of the
property on which an unlawful sign is located shall be
guilty of a misdemeanor of the second degree and upon
conviction thereof shall be punished as provided in Florida
Statutes, Sections 775.082 and 775.083.
Each day any violation of any provision, subsection or
section of this chapter shall continue or be omitted, if
required and neglected, shall constitute a separate offense,
and subject such violator to a separate fine or imprison-
ment, or both, for such separate offense.
Supp.No.35 1021
§ 27-10 MELBOURNE CODE § 27-13
In addition to the provisions for criminal penalties
provided for herein, any violation of the provisions of this
chapter shall be subject to enforcement by the City of
Melbourne Code Enforcement Board established pursuant to
Florida Statutes, Chapter 166, Part V, according to the
procedures legally established for such Board and subject to
the penalties provided by Florida Statutes, Chapter 166,
Part V. (Ord. No. 80-54, § 1, 8-26-80)
Cross reference—Code enforcement board,§§ 2-81-2-83.
Sec. 27-11. Liability insurance.
No permit shall be issued to any person for the erection of
any sign that, when erected, will extend over public
property, until it is ascertained by the building official that
said applicant possesses liability insurance in the amount of
one hundred thousand dollars ($100,000.00). The policy for
such insurance shall have been issued by an insurance
company qualified to do business in the State of Florida.
(Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-12. Maintenance.
All signs for which a permit is required, together with all
their supports, braces, guys and anchors, shall be kept in
repair and, unless of galvanized or noncorroding metal,
shall be thoroughly painted at least once every two (2)
years. The building official may order repair or removal of
any sign not maintained in accordance with the provisions
of this section. Such order shall be as prescribed in section
27-7(b)(3). (Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-13. Location restrictions.
An outdoor advertising display sign shall not be erected,
constructed or maintained so as to obstruct any fire escape
or any window or door or opening used as a means of egress
or so as to prevent free passage from one part of a roof to
any other part thereof. A sign shall not be attached in any
form, shape or manner to a fire escape, nor be placed in
such manner as to interfere with any opening required for
legal ventilation. (Ord. No. 80-54, § 1, 8-26-80)
Supp.No.35
1022
§ 27-14 SIGNS AND ADVERTISING § 27-15
Sec. 27-14. Signs projecting over public property.
Signs projecting from a building or extending over public
property shall maintain a clear height of ten (10) feet above
grade and they shall maintain a minimum of twenty-four
(24) inches clearance from the edge of pavement. (Ord. No.
80-54, § 1, 8-26-80)
Sec. 27-15. Structural requirements.
(a) Design and stress diagrams required. Before a permit
shall be granted, the erector of every outdoor advertising
display, with the exception of light cloth temporary signs,
shall submit to the building official a design or plan -
containing the necessary information to enable the building
official to determine that the sign complies with all the
regulations of the Standard Building Code. In the case of
any detached sign, roof sign or projecting sign such plans
shall be prepared by a registered professional engineer of
the State of Florida.
(b) Wind pressure. In the design and erection of all
outdoor advertising display signs the effect of wind shall be
carefully considered. All signs shall be so constructed as to
withstand a minimum wind pressure of one hundred and
twenty (120) mile per hour wind loads as specified in the
Standard Building Code.
(c) Working stresses. In all signs, the allowable working
stresses shall conform with the requirements of the
Standard Building Code, except as specified below.
(1) The allowable working stresses for steel and wood
shall be in accordance with the provisions of Chapter
XV, "Steel Construction" and Chapter XVII, "Wood
Construction."
(2) The working strength of chains, cables, guys or steel
rods shall not exceed one-fifth of the ultimate strength
of such chains, cables, guys, or steel rods. (Ord. No.
80-54, § 1, 8-26-80)
Cross reference—Standard Building Code adopted, § 10-1.
Supp.No.35
1023
§ 27-16 MELBOURNE CODE § 27-16
Sec. 27-16. Construction.
(a) Ground signs or detached signs.
(1) Ground or detached signs may be constructed of any
substantial material provided said signs comply with
all of the provisions of this chapter.
(2) Lighting reflectors may project beyond the face of the
sign.
(3) The bottom coping of every ground sign shall be not
less than three (3) feet above the ground or street
level, which space may be filled with platform
decorative trim or light wooden construction.
(4) Every ground sign shall provide rigid construction to
withstand wind action in all directions.
(5) Any person or persons, partnership, firm or corpora
tion occupying any vacant lot or premises by means
of a ground sign shall be subject to the same duties
and responsibilities as the owner of the lot or
premises, with respect to keeping the same clean,
sanitary, inoffensive, free and clear of all obnoxious
substances and unsightly conditions on the ground in
the vicinity of such ground sign on said premises for
which they may be responsible.
(6) Wherever anchors or supports consist of wood
embedded in the soil, the wood shall be pressure
treated with an approved preservative.
(b) Roof signs.
(1) All roof signs shall be so constructed as to leave a
clear space of not less than six (6) feet between the
roof level and the lowest part of the sign and shall
have at least five (5) feet of clearance between the
vertical supports thereof; a portion of any roof sign
structure shall not project beyond an exterior wall.
(2) Every roof sign shall be constructed entirely of steel
construction, including the upright supports and
braces, except that only the ornamental molding and
3npp.No.35 1024
§ 27-16 SIGNS AND ADVERTISING § 27-16
battens behind the steel facing and the decorative
latticework may be of wood construction.
(3) The bearing plates of all roof signs shall distribute the
load directly to or upon masonry walls, steel roof
girders, columns or beams. The building shall be
designed to avoid overstress of these members.
(4) No roof sign shall extend to a height greater than the
maximum allowable .building height of the zoning
district in which the building is located or extend
more than twenty-five (25) feet above the roof surface
on which it is located, whichever is less.
(c) Wall signs.
(1) Wall signs attached to exterior walls or solid
masonry, concrete or stone shall be safely and
securely attached to the same by means of metal
anchors, bolts or expansion screws of not less than
three-eighths-inch in diameter and shall be embedded
at least five (5) inches. Wood blocks shall not be used
for anchorage except in the case of wall signs
attached to buildings with walls of wood. A wall sign
shall not be supported by anchorages secured to an
unbraced parapet wall.
(2) The face of all wall signs may be of any material
meeting the provisions of this chapter.
(3) Temporary cloth signs with wood frames may be kept
in place for a period not exceeding thirty (30) days.
(d) Projecting signs.
(1) All projecting signs shall be constructed entirely of
metal or other noncombustible material and securely
attached to a building or structure by metal supports
such as bolts, anchors, chains, guys or steel rods.
Staples or nails shall not be used to secure any
projecting sign to any building or structure. Nonstruc-
tural elements (faces) may be of plastic material as
prescribed in section 27-17.
Supp.No.35 1025
$ 27-16 MELBOURNE CODE § 27-16
(2) The dead load of projecting signs, not parallel to the
building or structure, and the load due to wind
pressure shall be supported with chains, guys or steel
rods having net cross-sectional dimension of not less
than three-eighths inch in diameter. Such supports
shall be erected or maintained at an angle of at least
forty-five (45) degrees with the horizontal to resist the
dead load and at an angle of forty-five (45) degrees or
more with the face of the sign to resist the specified
wind pressure. If such projecting sign exceeds thirty
(30) square feet in one facial area, there shall be
provided at least two (2) such supports on each side
not more than eight (8) feet apart to resist the wind
pressure.
(3) All supports shall be secured to a bolt or expansion
screw that will develop the strength of the supporting
chain, guys or steel rod with a minimum five-eighths-
inch bolt or lag screw by an expansion shield.
Turnbuckles shall be placed in all chains, guys or
steel rods supporting projecting signs.
(4) Chains, cables, guys or steel rods used to support the
live or dead load of projecting signs may be fastened
to solid masonry walls with expansion bolts or by
machine screws in iron supports, but such supports
shall not be attached to an unbraced parapet wall.
Where the supports must be fastened to walls made of
wood, the supporting anchor bolts must go through
the wall and be plated or fastened on the inside in a
secure manner.
(5) A projecting sign shall not be erected on the wall of
any building so as to project above the roof or cornice
wall or above the roof level where there is no cornice
wall; except that a sign erected at a right angle to the
building, the horizontal width of which sign perpendi-
cular to such wall does not exceed eighteen (18)
inches, may be erected to a height not exceeding two
(2) feet above the roof or cornice wall or above the roof
level where there is no cornice wall. A sign attached to
a corner of a building and parallel to the vertical line
Supp.No.35 1026
§ 27-16 SIGNS AND ADVERTISING § 27-18
of such corner shall be deemed to be erected at a right
angle to the building wall.
(e) Marquee signs. Marquee signs shall be constructed
entirely of metal or noncombustible material and may be
attached to or hung from a marquee, and such signs when
hung from a marquee shall be at least eight (8) feet at its
lowest level above the sidewalk or ground level, and further,
such signs shall not extend outside the line of such
marquee. Marquee signs may be attached to the sides and
front of a marquee, and such sign may extend the entire
length and width of said marquee, provided such sign does
not extend more than six (6) feet above, nor one foot below
such marquee, but under no circumstances shall the sign or
signs have a vertical dimension greater than eight (8) feet.
Nonstructural elements (faces) may be of plastic material as
prescribed in section 27-17. (Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-17. Use of plastic materials.
(a) Notwithstanding any other provisions of this chapter,
plastic materials which burn at a rate no faster than two
and one-half (2.5) inches per minute when tested in
accordance with "Test for Flammability of Rigid Plastics
Over 0.050 Inches in Thickness, ASTM D635," shall be
deemed approved plastics and may be used as the display
surface material and for the letters, decorations and facings
on signs and outdoor display structures, provided that the
structure of the sign in. which the plastic is mounted or
installed is noncombustible.
(b) Individual plastic facings of electric signs shall not
exceed two hundred (200) square feet in area.
(t) Letters and decorations mounted upon an approved
plastic facing or display surface may be made of approved
plastics. (Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-18. Exempted signs.
Signs of the following categories and the listed operations
pertaining to signs shall not require the issuance of permits
Supp.No.35 1027
27-18 MELBOURNE CODE § 27-18
provided such signs and operations conform with all other
building, structural and electrical standards and regulations
of the city.
(a) Maintenance and copy change-
(1) Painting, repainting, cleaning or other normal
maintenance and repair not involving structural
changes.
(2) Changing the advertising copy of message on an
existing approved painted or printed sign, mar-
quee, changeable copy sign or a similar approved
sign whether electrical, illuminated, electronic
changing message center or nonilluminated paint-
ed message which are all specifically designed for
the use of replaceable copy.
(b) Construction signs.
(1) One detached sign for each construction project
not exceeding sixty-four (64) square feet in sign
area in residential, commercial and industrial
districts provided that such signs shall be erected
no more than five (5) days prior to the beginning
of construction for which a valid building permit
has been issued, shall be confined to the site of
construction, and shall be placed no closer to any
lot line than ten (10) feet. Such signs may set forth
the following information and shall be removed
within five (5) days after completion of construc-
tion.
a. Type of construction.
b. Offer of sale or lease.
c. Name of building, subdivision or shopping
center.
d. Name, address and phone number of owner,
architect, engineer, contractor, broker, if any,
subcontractors and suppliers of materials.
(2) One sign not exceeding eight (8) square feet in
area may be displayed on any residential building
Supp.No.35
1028
§ 27-18 SIGNS AND ADVERTISING § 27-18
during construction and prior to issuance of a
certificate of occupancy.
(3) Future construction signs. One detached sign
advertising future construction not exceeding forty
(40) square feet in area, in residential areas, may
be displayed no closer than fifteen (15) feet from
the front lot line and from property under
different ownership, for a period not exceeding
ninety (90) days.
(c) Directional or instructional signs. Signs which provide
direction or instruction, and are located entirely on the
property to which they pertain, and do not in any way
advertise a business, and do not exceed eight (8)
square feet in area; signs identifying restrooms, public
telephones, walkways; or signs providing direction
such as parking lot entrance and exit signs and those
of similar nature. Motels, hotels, apartments and
guest houses shall be permitted to display signs not
exceeding eight (8) square feet in area advertising
"Vacancy," "Dining Room" and "Cocktail Lounge."
(d) Governmental signs. Governmental signs for control
of traffic and other regulatory purposes, street signs,
danger signs, railroad crossing signs and public
service companies indicating danger and aids to
service or safety which are erected by or on the order
of a public officer in the performance of his public
duty.
(e) Holiday decorations. Signs of a primarily decorative
nature, clearly incidental and customary and corn-
monly associated with any national, local or religious
holiday; provided that such signs shall be displayed
for a period of not more than sixty (60) consecutive
days nor more than sixty (60) days in any one year.
Such signs may be of any type, number, area, height,
illumination or animation; and shall be set back ten
(10) feet from all boundary lines of the lot on which
displayed, provided that a clear area be maintained to
a height of six (6) feet, within fifty-five(55) feet of the
Supp.No.35 1029
§ 27-18 MELBOURNE CODE § 27-18
intersection of two (2) streets, a railroad and a street
and a street and a driveway.
(f) Occupant signs. Occupational signs denoting only the
name and profession of an occupant in a professional,
a commercial, or a public institutional building and
not exceeding two (2) square feet in area.
(g) Notice bulletin boards. Notice bulletin boards not
exceeding twenty-four (24) square feet in area for
medical, public, charitable or religious institutions
where the same are located on the premises of said
institutions.
(h) No-trespassing or no-dumping signs. No-trespassing
or no-dumping signs not to exceed one and one-half
(11/2) square feet in area per sign and not exceeding
four (4) in number per lot, except that special
permission may be obtained from the building official
for additional signs under proven special conditions.
(i) Political and campaign signs. Political or campaign
signs on behalf of candidates for public office or issues
of referendum provided that said signs are subject to
the following regulations:
(1) Such signs shall be erected not earlier than
forty-five (45) days prior to the date of an election
and shall be removed within five (5) days
following the election.
(2) Before such signs are erected, said candidate,
political action committee or their representative
shall pay a cash bond of twenty-five dollars
($25.00) to the city clerk. Such bond shall be
returned to the candidate or political action
committee after their signs are removed. If the
candidate or political action committee fails to
remove said sign within the required five (5) days,
the candidate or political action committee will be
notified in writing of the violation. If said signs
are not removed within five (5) days of such
written notice, the bond will be forfeited and the
Supp.No.35 1030
§ 27-18 SIGNS AND ADVERTISING § 27-18
city may remove said signs. These signs will be
held by the city for a period of thirty (30) days.
During this period, and during regular city
business hours, the candidate or political action
committee may claim their signs, but shall pay a
five dollar ($5.00) service charge to the city ,for
each sign claimed. Any signs not claimed within
thirty (30) days shall become the property of the
city.
(3) Only one stationary sign per candidate or
referendum issue on any one parcel of land,
except should there be more than one tenant, each
tenant shall be permitted one sign per candidate
or per issue of dimensions herein specified.
(4) Said sign shall not exceed thirty-two (32) square
feet in aggregate area and if detached, shall not
be erected in such a manner as to constitute a roof
sign. Notwithstanding the provisions of this
subparagraph, a sign may be placed upon any
legally existing sign structure but not so as to
cover an existing sign.
(5) No sign shall be located over the public right-of-
way, nor shall any sign obstruct, impede or
otherwise create a hazardous condition for the
safe and normal flow of pedestrian or motor
vehicle traffic, and no sign shall be erected on
private property without the consent of the
property owner. In case of violation, the candidate
or political action committee will be notified in
writing to remove said signs. If the signs are not
removed within five (5) days of such written
notice, any signs so placed will be removed by the
city. These signs will be held by the city for a
period of thirty (30) days following election day.
During this period and during regular city
business hours, the candidates may claim their
signs, but shall pay the city a five dollar ($5.00)
service charge for each sign claimed. Any signs
Supp.No.35
1031
§ 27-18 MELBOURNE CODE § 27-18
not claimed within thirty (30) days following
election day shall become the property of the city.
(6) No political, referendum issue or campaign sign
shall be placed on any tree, utility pole or fence
post. In case of violation, the candidate or
political action committee will be notified in
writing to remove said signs. If the signs are not
removed within five (5) days of such written
notice, any signs so placed will be removed by the
city. These signs will be held by the city for a
period of thirty (30) days following election day.
During this period and during regular city
business hours, the candidates may claim their
signs, but shall pay the city a five dollar ($5.00)
service charge for each sign claimed. Any signs
not claimed within thirty (30) days following
election day shall become the property of the city.
(j) Real estate signs.
(1) One sign on an inside lot or one sign facing each
thoroughfare on corner lots may be placed to offer
residential property for sale or lease, provided
each such sign shall not exceed eight (8) square
feet in area and shall be placed no closer to any
lot line than ten (10) feet.
(2) One sign on an inside lot or one sign facing each
thoroughfare on corner lots may be erected
offering business or commercial property for sale
or lease; provided that each such sign shall not
exceed sixteen (16) square feet in area and such
sign shall be placed no closer to any lot line than
ten (10) feet except where an established building
may be closer than ten (10) feet from the lot line.
(3) One sign advertising a subdivision placed on
vacant land in the subdivision no closer than fifty
(50) feet from the nearest occupied residence,
which sign shall not exceed sixty-four (64) square
feet in area and shall be no closer to the front lot
line than ten (10) feet.
Supp.No.35 1032
§ 27-18 SIGNS AND ADVERTISING § 27-18
(k) Permanent window signs. For the purpose of this
chapter, all permanent window signs shall be
considered as a wall sign and shall meet the
requirements of section 27-22, paragraph (11).
(1) Signs in display window. Temporary signs in a
display window of a business which are incorporated
with a display of merchandise or a display relating to
services offered.
(m)Symbols or insignia. Religious symbols, commemora-
tive plaques of recognized historical agencies, or
identification emblems of religious orders or historical
agencies; provided that no such symbol, plaque or
identification emblem shall exceed four (4) square feet
in area; and provided further that all such symbols,
plaques and identification emblems shall be placed
flat against a building.
(n) Temporary signs. Temporary signs not exceeding six
(6) square feet in area pertaining to drives or events of
civic, philanthropic, educational, religious organiza-
tions or advertising residential garage sales; provided
that said signs are posted only during said drive or
event or no more than thirty (30) days before said
event and are removed no later than three (3) days
after the event.
(o) Warning signs. Signs warning the public of the
existence of danger, containing no advertising materi-
al, of a size as may be necessary, and to be removed
upon subsidence of danger.
(p) Neighborhood identification signs. In any zone, a
sign, masonry. wall, landscaping and other similar
materials or features may be combined to form a
display for neighborhood or tract identification;
provided that the legend of such sign or display shall
consist only of the neighborhood or tract name.
(q) Bus bench advertising. In any zoning district,
advertising may be placed on bus benches with the
permission of the city manager. Such advertising
Supp.No.35
1033
§ 27-18 MELBOURNE CODE § 27-19 ,
shall be maintained as required for permitted signs.
(Ord. No. 80-54, § 1, 8-26-80)-
Sec. 27-19. Prohibited signs.
The following types of signs are expressly prohibited in
all districts of the city except as otherwise authorized by ,
this chapter.tI
(a) Animated and intensely lighted signs. No sign shall
be permitted which is animated by means of flashing,
scintillating, blinking or traveling lights or any other
means not providing constant illumination. Public
information message centers showing time and
temperature only shall be permitted.
(b) Miscellaneous signs and posters (snipe signs). Affix-
ing of signs of a miscellaneous character, visible from
a public way, located on the walls of buildings, barns,
sheds, on trees, poles, posts, fences or other structures
is prohibited.
(c) Rotating signs. No rotating signs shall be permitted in
the city.
(d) Parking of advertising vehicles. No person shall park
any vehicle or trailer on a public right-of-way or
public property or on private property so as to be
visible from a public right-of-way, which vehicle or
trailer has attached thereto or located thereon any
sign or advertising device for the basic purpose of
providing advertising of products or directing people
to a business or activity located on the same or nearby
property or any other premises. This subsection is not
intended to prohibit any form of vehicular signage
such as a sign attached to a bus or lettered on a motor
vehicle.
(e) Public areas. No sign shall be permitted which is
placed on any curb, sidewalk, post, pole, hydrant,
bridge, tree or other surface located on public
property, or over or across any street or public
thoroughfare except as may otherwise be expressly
authorized by this chapter.
Supp.No.35 1034
§ 27-19 SIGNS AND ADVERTISING § 27-19
(f) Banners or banner signs.
(1) Banners, banner signs, pennants, searchlights,
twirling signs, sandwich board signs, sidewalk or
curb signs, balloons or other gas-filled figures
shall not be used on a permanent basis.
(2) Signs described in subsection (1) above will be
permitted at the opening of a new business in a
commercial or industrial district for a total period
not to exceed seven (7) days and will be allowed in
residential districts in conjunction with an open
house or model home demonstration conducted by
a realtor or subdivider for two (2) days before the
opening of such a demonstration and not to
exceed a total period of seven (7) days.
(3) The placing or stringing of banners or advertising
matter of any kind or advertising material across
the streets or highways of the city is prohibited.
(g) Swinging signs. No sign shall be suspended by chains
or other devices that will allow the sign to swing due
to wind action.
(h) "A" frame signs. "A" frame or sandwich board,
sidewalk or curb signs are prohibited.
(i) Unclassified signs. The following signs are also
prohibited:
(1) Signs which bear or contain statements, words or
pictures of an obscene, pornographic character or
which contain advertising matter which is un-
truthful.
(2) Signs painted on or attached to any fence or any
wall which is not structurally a part of a building,
except to identify a residence or residence
structure by means of posting the name of the
occupant or structure, and the street address.
(3) Signs which operate or employ any stereopticon or
motion picture projection or media in conjunction
with any advertisements, or have visible moving
Supp. No.35 1035
§ 27-19 MELBOURNE CODE § 27-21
parts or any portion of which moves or give the
illusion of motion, except as otherwise permitted
by this chapter.
(4) Signs which emit audible sound, odor or visible
matter.
(5) Signs which purport to be, or are an imitation of,
or resemble an official traffic sign or signal, or
which bear the words "Stop," "Go Slow," "Cau-
tion," "Danger," "Warning" or similar words.
(6) Signs which by reason of their size, Iocation,
movement, content, coloring or manner of illumi-
nation, may be confused with or construed as
traffic-control signs, signals or devices, or the
light of an emergency or road equipment vehicle,
or which hide from view any traffic or street sign
or signal and device.
(j) Scenic areas. No sign of any type shall be erected
within the boundaries of any area in the city that
has been designated as a park or scenic area by the
city council. (Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-20. Variances.
Variances from the provisions of this chapter may be
granted by the board of adjustment for the purpose of
preventing a hardship not self-imposed or for the protection
of the constitutional rights of the applicant. Also, any
person aggrieved by a decision or order of the building
official relating to any of the provisions of this chapter may
within ten (10) days of such decision or order file application
for a review of same by the board of adjustment and have
the matter heard and determined by the board of
adjustment. (Ord. No. 80-54, § 1, 8-26-80)
Sec. 27-21. Signs permitted in zoning districts.
The number, type and size of any sign permitted to be
erected in any specific zoning district shall be as shown in
Tables 27-21-A, 27-21-B and 27 21-C unless exempted in
Supp.No. 35 1036
§ 27-21 SIGNS AND ADVERTISING § 27-21
section 27-10. All such signs shall conform with all other
applicable provisions of this chapter and the tables in this
section.
Exception: Any business where gasoline is sold at retail,
regardless of zoning district shall in addition to the signs
permitted herein display a sign visible from the abutting
road right-of-way. Said sign shall meet all the requirements
herein prescribed.
(1) The sign shall be not Iess than four (4) square feet nor
more than eight (8) square feet in area and,
(2) The sign shall display the current retail price of
unleaded gasoline by volume and,
(3) Such price shall be displayed in numbers not less than
sixteen (16) inches in height with a minimum of a
two-inch stroke and,
(4) Above the dollar amount shall be the word "UN-
LEADED" in capital letters of three (3) inches in
height and a one-half-inch stroke.
TABLE 27-21-A (Residential Zones)
EU, R-1AAA, R-1AA, R-1A, R-2, R-3, R-4, R-2T and R-A
Maximum
Size
Type Purpose Number (square feet)
Construction Construction (detached) 1 64
Signs Placed on building, per 1 8
bldg.
Future construction(de- 1 40
tached)
Real Estate One on an inside lot or 1 8
Signs one facing each thor-
oughfare (detached)
Subdivision (detached) 1 64
Supp.No.36 1037
§ 27-21 MELBOURNE CODE § 27-21
Maximum
Size
Type Purpose Number (square feet)
Apartments, Name of establishment 1 24
Clubs, only, may be wall, roof
Nursing or projecting, may be
Homes detached if the estab-
Signs lishment has over 100
feet of frontage
Supp.No 36 1038
TABLE 27-21-B (Professional and Commercial Zones)
C-P, C-1, C-1A, C-2. C-3 and R-P
§27.21 SIGNS AND ADVERTISING §27.21
Type Purpose Number Maximum Size
Construction Construction(detached) 1 64 sq. ft.
Signs
Real Estate One on an inside lot or one facing 1 16 sq. ft.
Signs each thoroughfare (detached)
Commercial Advertising for an individual 1 Roof sign-224 sq. ft.
and business; any combination of 2
Professional signs, except no more than 1 1 Wall sign-144 sq. ft.
Signs detached per parcel of land
1 Vertical projecting sign-40 sq. ft.
An attraction board may be
permitted in any Professional or 1 Horizontal projecting sign-32 sq.
Commercial Zone except R-P. ft.
The attraction board shall be 1 Detached sign; no detached sign
considered a part of the detached allowed for establishment having
sign for the purpose of determin- under 100 lineal ft. of frontage, 65
ing allowable area sq. ft. for establishments having
100 lineal ft. of frontage, plus 1
additional sq. ft. for each lineal
ft. over 100 ft.; with maximum
size not to exceed 300 sq. ft. in
Supp. No. 35
1039
§27.21 MELBOURNE CODE §27.21
Type Purpose Number Maximum Size
sign area. In R-P and C-1A
districts, no detached signs in
excess of 15 sq. ft.
Shopping Center Signs Advertising-name of center; 150 1 Detached sign-1 sq. ft. for each
lineal feet of minimum frontage lineal ft. of frontage with a maxi-
required mum size for each sign; 300
lineal ft. distance required be-
tween signs
Advertising-name of center; 600 2 Detached signs-300 sq. ft. maxi-
lineal feet of minimum frontage mum size for each sign; 300
required lineal ft. distance required be-
tween signs
Advertising-150 lineal ft. of mini- Attraction board-50 sq. ft. maxi-
mum frontage required 1 mum size; may be separate or
combined with other signs
Advertising-Center with less 0 No detached sign or attraction
than 150 lineal ft. of frontage or board permitted
with less than 30 ft. for front
setback 1 Business wall sign; see Table
27-22-A
Supp. No. 35
1040
§27.21 SIGNS AND ADVERTISING §27.21
Type Purpose Number Maximum Size
1 Business marquee; maximum 4
sq. ft.
Hotel, Motel Advertising-any combination of 2 1 Wall sign-144 sq. ft.
and Theater signs
Signs 1 Projecting sign-24 sq. ft.
1 Marquee sign-32 sq. ft. each side;
maximum size 40 sq. ft. on front
1 Detached sign-24 sq. ft. for es-
stablishments having 100 lineal
ft. minimum frontage; no de-
tached sign for theaters in shop-
ping center
Mobile or Advertising-sale or special event 1 Maximum 40 sq. ft.; maximum 14
Portable days for any business establish-
Electric ment for each of 2 6-month
Signs periods
Off-Premise Advertising N/A Permitted upon approval of city
Directional council only; maximum of 25 sq.
Signs ft. with no advertising matter
other than name, location and
route to business
Supp. No. 35
1041
§27.21 MELBOURNE CODE §27.21
TABLE 27-21-C (Industrial Zones)
M-1 and M-2
Type Purpose Number Maximum Size
General Signs Advertising for an individual 2 Roof sign-224 sq. ft.
business; any combination of 2 Wall sign-144 sq. ft.
signs Vertical projecting sign-40 sq. ft.
Horizontal projecting sign-32 sq.
ft.
2 Detached sign; no sign allowed
for establishment having under
100 lineal ft. of frontage. 65 sq.
ft. for establishments having 100
lineal ft. of frontage, plus 1
additional ft. for each lineal ft.
over 100, with maximum size not
to exceed 300 sq. ft. in sign area
Mobile or Advertising-sale or special event 1 40 sq. ft.; maximum 14-day limit
Portable for any business establishment
Electric for each of 2 6-month periods
Signs
Supp. No. 35
1042
§27.21 SIGNS AND ADVERTISING §27.21
Type Purpose Number Maximum Size
Industrial Advertising-name of industrial 1 Detached sign- 1 sq. ft. for each
Park Signs park; 150 lineal ft. minimum lineal ft. of frontage with a
frontage required maximum size not to exceed 300
sq. ft. in size area
Advertising-name of industrial 2 Detached sign-300 sq. ft. maxi-
park; 600 lineal ft. minimum mum size for each sign; 300
frontage required lineal ft. distance required be-
tween signs
Advertising-150 lineal ft. of mini- 1 Attraction board-50 sq. ft. maxi-
mum frontage required mum size; may be separate or
combined with other signs
Advertising-industrial park with 0 No detached sign or attraction
less than 150 lineal ft. of frontage board permitted
or with less than 30 ft. for front
setback
Off-Premise Advertising N/A Permitted upon approval of city
Directional council only; maximum 25 sq. ft.
Signs with no advertising matter other
than name, location and route to
business
Supp. No. 35
1043
§27.21 MELBOURNE CODE §27.21
Type Purpose Number Maximum Size
Billboards Advertising N/A Upon approval of city council
only; maximum size 300 sq. ft.
(Ord. No. 80-54, § 1, 8-26-80)
Cross reference-Zoning districts enumerated, App. B, Art, XII.
Supp. No. 35
1044
§ 27-22 SIGNS AND ADVERTISING § 27-22
Sec. 27-22. Supplementary regulations of and limits-
tions on permitted signs.
The following general regulations and limitations shall
apply to all signs permitted within the city unless otherwise
expressly exempted in other sections of this chapter.
(1) Design and construction. The design,construction and
erection of all signs permitted within the city shall
conform to the requirements of the Standard Building
Code and signs containing components to be connect-
ed to an electrical energy source shall also conform to
the requirements of the National Electrical Code.
Where the requirements of this chapter are in conflict
with the requirements of the above codes, the
provisions of this chapter shall govern.
(2) Gooseneck reflectors. Gooseneck reflectors and lights
shall be permitted on ground signs, roof signs and
wall signs; provided, however, the reflectors shall be
provided with proper glass lenses concentrating the
illumination upon the area of the sign so as to prevent
glare upon the street or adjacent property.
(3) Spotlights and floodlights. It shall be unlawful for any
person to maintain any sign which extends over
public property which sign is wholly or partially
illuminated by floodlights or spotlights.
(4) Premises surrounding ground signs. All ground signs
and the premises surrounding the same shall be
maintained by the permittee or owner thereof in a
clean, sanitary and inoffensive condition, and free and
clear of all obnoxious substances, debris and weeds.
(5) Sign area calculations. The projected area of a sign
shall not exceed three (3) times the calculated area as
herewith defined: The projected area shall mean the
area of a rectangle formed by lines extending
vertically and horizontally each of which lines is
tangent to the sign at some point and none of which
bisect the sign at any point.
Supp.No.35
1045
§ 27-22 MELBOURNE CODE § 27-22
(6) Overhead electrical conductors. No sign or advertising
structure shall be erected closer to any overhead
electrical conductor than seven (7) feet where the
difference in potential between any two (2) conductors
or between any one conductor and ground shall exceed
seven hundred fifty (750) volts.
(7) Signs abutting residential property. No sign shall be
placed on the side or at the rear of business property
so as to face abutting residential property.
(8) Restriction of vision. No sign or advertising structure
shall be erected or maintained in any location that
will obstruct the view of or prevent the driver of a
motor vehicle from having a safe line of sight at the
intersection of two (2) streets, a street and a railroad
or a street and a driveway.
(9) Height limitation for detached signs. It shall be
unlawful to erect any detached sign whose total
height is greater than twenty-five (25) feet above the
level of the street upon which the sign faces or above
the adjoining ground level if such ground level is
above the street level. Under special circumstances a
greater height may be allowed if approved by the
board of adjustment.
(10) Setback line for detached signs. All detached signs
with a clearance of eight (8) feet or more from grade to
the bottom of the signs shall be so located that the
leading edge of the sign, including any structural
members thereof shall be set back not less than seven
(7) feet from any lot line abutting an official
right-of-way. Where the clearance is less than eight
(8) feet above grade, the setback shall be increased to
fifteen (15) feet. All detached signs shall be set back a
minimum of five (5) feet from any side lot line on
interior lots except as otherwise provided in this
chapter for real estate and construction signs.
(11) Limitation on placement and area of wall signs. All
wall signs shall be sized in accordance with Table
27-22-A.
Supp. No.35 1046
§ 27-22 SIGNS AND ADVERTISING § 27-22
When using Table 27-22-A, the most restrictive area
will apply. In computing the area of a wall upon
which a sign is to be painted or attached, any and all
doorways and windows shall be counted as part of the
area of the wall. For the purpose of this Code, a
permanent window sign shall be considered as a wall
sign.
TABLE 27-22-A
Wall Area in Maximum Sign Area as Maximum Sign Area
Square Feet a Percentage in Square Feet
80— 200 18 24
201— 600 15 48
601-1000 12 96
1001 or more 10 144
(12) Mobile or portable electric signs. No mobile or wheeled
electric sign shall be placed closer than fifteen (15)
feet to any property line on the premises on which it is
located. The electrical extension cable shall be sized in
accordance with the city electrical code but in no case
shall cable exceed one hundred (100) feet in length or
be placed in such a manner as to be subject to
vehicular traffic. No such mobile or wheeled sign
shall have a total sign area of more than forty (40)
square feet per side. (Ord. No. 80-54, § 1, 8-26-80)
Cross reference—Electrical code,and standards adopted,§ 14-93.
Supp.No. 35 [The next page is 1075]
1047
New Chapter 653 as per Ord# 9-82
New number Sign Code
653.01 [2 checkmarks] same as is
653.02 [2 checkmarks] using Melb. 27-2 and 27-3
Statement of Purpose & Scope
A. is 24-2
B. is 27-3
Change Melb to CC.
653.03 [2 checkmarks] use Melb 27-4
653.04 [2 checkmarks] use Melb 27-5
653.05 [checkmark] use CC - 653.02
653.07. use CC 653.03 with exceptions as
noted hereafter.:
A) - [checkmark] eliminate "R-1A Single Family Dwelling
District or"
A 1.) - [checkmark] 653.02 becomes 653.05
B - [checkmark] 653.02 becoms 653.05
C-7(4) - [checkmark] at end of zones add following
language:
"If these zones are changed
by a subsequent zoning change,
then the boundaries as defined
by the zoning ordinance in effect
at the time of the adoption of this
Code Chapter shall transfer to
the new zones in the exact
locations as they are presently
regardless of the changed zone
classification
653.07 Use [checkmark] Melb 27-6.
change 5 years to 15 years
653.09 [2 checkmarks] Use Melb 27-7
at the end of 6,(1) add City 653.05
then venumber, (a)(2),(3),(4),(5),(6)
653.10 [2 checkmarks] Use Melb 27-8
653.15 - [2 checkmarks] Use City 653.06
653.16 [2 checkmarks] Use City 653.07
653.17 [2 checkmarks] Use Melb 27-9 (a)[checkmark] (b)[checkmark] and for (c)
use [checkmark] City 653.08
653.18 [2 checkmarks] 653.09 C Cityl
653.19 [2 checkmarks] use City 653.11
653.20 [checkmark] use City 653.12
653.21 [checkmarks] use 653.13
653.22 [checkmark] use Melb. 27.10 modified as follows
[checkmark] First paragraph as is
Second paragraph as is
Third paragraph:
"In addition to the provisions
for criminal penalties provided herein,
any violation of the provisions of this
chapter shall be subject to
enforcement by the City of Cape Canaveral
Enforcement Board hereby
established pursuant to Fla. Statutes
Chapter 166, Part II, according to the
procedures legally established for such
Board and subject to the penalties
provided by the Florida Statutes, Chapter 116,
Part II. The members of the
Code Enforcement Board shall be
appointed by Resolution.
( Geil make sure and copy
Chp. 166 Part II
653.25 [2 checkmarks] Use City 653.15
653.26 [checkmark] use City 653.16
History
Ord 9-82
PROPOSED AMENDMENTS TO THE PROPOSED SIGN CODE, CHAPTER 653
I MOVE TO AMEND ORDINANCE NO. 9-82 BY THE FOLLOWING AMENDMENTS :
1) CHANGE THE LAST SENTENCE IN SECTION 653. 07 (A) (I) TO READ
[checkmark] AS FOLLOWS: "SAID SIGN SHALL BE ON THE PROPERTY FOR SALE OR
RENT. "
2) AND 653. 08-CHANGE FIFTEEN (15) YEARS
TO TEN (10) YEARS.
3) SECTION 653 . 07 (F) -ADD THE FOLLOWING SENTENCE TO THE END
OF THE PARAGRAPH: "ANY SIGN WHICH IS NOT ATTACHED TO A
BUILDING SHALL NOT EXCEED 150 SQUARE FEET ON ITS LARGEST FRONT."
4) SECTION 653 . 20 (B) (2) SHALL READ: "NO MARQUEES SHALL BE
PERMITTED TO EXTEND MORE THAN TWENTY (20) FEET FROM THE
EXTERIOR OF THE BUILDING CLOSEST TO THE ROAD, BUT IN NO EVENT
SHALL COME CLOSER THAN TEN (10) FEET FROM THE PROPERTY LINE.
[checkmark] 5) SECTION 653. 07 (C) (2) SHALL READ: "POLITICAL SIGNS SHALL NOT
BE ERECTED PRIOR TO THE CANDIDATE QUALIFYING FOR OFFICE. ALL
SIGNS ADVOCATING OR PROMOTING A POLITICAL CANDIDATE OR ISSUE
SHALL BE REMOVED WITHIN TEN (10) DAYS OF THE ELECTION WHICH
DETERMINES THE FINAL OUTCOME, ELECTION OR ISSUE OF THE CANDIDATE."
[checkmark] 6) SECTION 653. 07 (C) (3) -ADD THE FOLLOWING PARAGRAPH: "THERE SHALL
BE DEPOSITED WITH THE CITY TREASURER A FIFTY DOLLAR ($50.00)
FEE BEFORE ANY POLITICAL SIGNS ARE PERMITTED TO BE CONSTRUCTED.
IF SUCH SIGNS ARE NOT REMOVED WITHIN THE TEN (10) DAY PERIOD,
THEN THE CITY SHALL TAKE THE FIFTY DOLLARS ($50. 00) AS ITS FEE
FOR HAVING THE SIGNS TORN DOWN. IF THE SIGNS ARE REMOVED WITHIN
TEN (10) DAYS, THEN THE FIFTY DOLLARS ($50.00) SHALL BE RETURNED
TO THE REGISTERED CAMPAIGN TREASURER. NO SIGNS SHALL BE PERMITTED
WITHOUT THE FIFTY DOLLAR ($50. 00) DEPOSIT BEING PAID TO THE
CITY TREASURER."
Ch. 166 MUNICIPALITIES F.S. 1981
(a) Such measure is duly adopted by the govern-
ing body of such entity of local government, after no-
tice and public hearing, in accordanhce with all appli-
cable provisions of the Florida and United States
Constitutions, the charter or charters governing such
entity of local government, this section, and any oth-
er applicable laws.
(b) Such governing body makes and recites in
such measure its findings establishing the existence
in fact of a housing emergency so grace as to consti-
tite a serious menace to the general public and that
such controls are necessary and proper to eliminate
such grave housing emergency.
(c) Such measure is approved by the voters in
such municipality, county, or other entity of local
government.
(6) In any court action brought to challenge the
validity of rent control imposed pursuant to the pro-
visions of this section, the evidentiary effect of any
findings or recitations required by subsection (5)
shall be limited to imposing upon any party challeng-
ing the validity of such measure the burden of going
forward with the vidence, and the burden of proof
(that is, the risk of nonpersuasion) shall rest upon
any party seeking to have the measure upheld.
History.-ss. 1, 2, 3, 4, 5, 6, ch. 77-50; s. 82, ch. 79-400.
Note.-Also published at s. 125.0103.
PART II
MUNICIPAL CODE ENFORCEMENT BOARDS
166.051 Short title.
166.052 Intent.
166.053 Applicability.
166.054 Definitions.
166.055 Municipal code enforcement board; organi-
zation.
166.056 Enforcement procedure.
166.057 Conduct of hearing.
166.058 Powers of the enforcement board.
166.059 Administrative fines; liens.
166.061 Appeals.
166.062 Notices.
166.051 Short title.-Sections 166.051-166.062
shall be known and may be cited as the "Municipal
Code Enforcement Boards Act."
History.s 1, ch.80-300; s. 72, ch.81-259.
166.052 Intent.-It is the intent of this act to
promote, protect, and improve the health, safety, and
welfare of the citizens of the municipalities of this
state by providing an equitable, expeditious, effec-
tive, and inexpensive method of enforcing the various
occupational license, fire, building, zoning, sign, and
related technical codes in force in municipalities.
History.-s. 1, ch. 80-300.
166.053 Applicability.-
(1) This act shall apply to the incorporated areas
of every municipality in this state. Each municipality
may, at its option, create by ordinance a code en-
forcement board as provided herein.
(2) Charter counties may, by county ordinance,
be exempted from the provisions of this act.
History.-ss. 1, 2, ch. 80-300.
166.054 Definitions.-
(1) "City Council" means the legislative body of
the municipality.
(2) "Code inspector" means any authorized agent
or employee of the municipality whose duty it is to
assure code compliance.
(3) "City attorney" means the legal counselor for
the municipality.
(4) "Enforcement board" means the code enforce-
ment board.
History.-s. 1, ch. 80-300.
166.055 Municipal code enforcement board;
organization.-
(1) The city council may appoint a six-member
code enforcement board and legal counsel for the en-
forcement board. Members of the enforcement board
shall be residents of the municpality. Appointments
shall be made in acocrdance with the city charter on
the basis of experience of interest in the fields of zon-
ing and building control. The membership of the en-
forcement board shall, whenever possible, consist of
an architct, a businessman, an engineer, a general
contractor, a subcontractor, and a realtor.
(2) The initial appointments to the enforcement
board shall be as follows:
(a) Two members appointed for a term of 1 year.
(b) Two members appointed for a term of 2 years.
(c) Two members appointed for a term of 3 years.
Thereafter, all appointments shall be made for a
term of 3 years. Any member may be reappointed
from term to term upon approval of the city council.
Appointments to fill any vacancy on the enforcement
board shall be for the remainder of the unexpired
term of office. Any member who fails to attend two of
three successive meetings without cause and without
prior approval of the chairman shall automatically
forfeit his appointment, and the city council shall
promptly fill such vacancy. The members shall serve
in accordance with the city charter and may be re-
moved as provided in the city code of ordinances for
removal of members of city boards.
(3) The members of the enforcement board shall
elect a chairman. The presence of four or more mem-
mebers shall constitute a quorum of the enforcement
board. Members shall serve without compensation,
but may be reimbursed for such travel, mileage, and
per diem expenses as may be authorized by the city
council.
(4) The city attorney shall either be counsel to
the code enforcement board or shall represent the
city by presenting cases before the board; but in no
case shall the city atrorney serve in both capacities.
History.-s. 1, ch. 80-300.
166.056 Enforcement procedure.-
(1) It shall be the duty of the code inspector to
initiate enforcement proceedings of the various
codes; however, no member of the board shall have
the power to initiate such enforcement proceedings.
(2) Except as provided in subsection (3), if a vio-
lation of the codes is found, the code inspector shall
notify the violator and give him a reasonable time to
correct the vioaltion. Should the violation continue
812
F.S. 1981 MUNICIPALITIES Ch. 166
beyond the time specified for correction, the code in-
spector shall notify the enforcement board and re-
quest a hearing pursuant to the procedure in s.
166.057. Written notice shall be mailed to said viola-
tor as provided herein.
(3) If the code inspector has reason to believe a
violation presents a serious threat to the public
health, safety, and welfare, the code inspector may
proceed directly to the procedure in s. 166.057 with-
out notifying the violator.
History.-s 1, ch, 80.300.
166.057 Conduct of hearing.-
(1) The chairman of the enforcement board may
call hearings of the enforcement board; hearings may
also be called by written noticed signed by at least
three members of the enforcement board. Ay any
hearing the enforcement board may set a future hear-
ing date. The enforcement board sould attempt to
convene no less frequently than once every 2 months,
but may meet more or less often as the domand ne-
cessitates. Minutes shall be kepy of all hearings by
the enforcement board, and all hearings shall be open
to the enforcement board, and all hearings shall be open
to the public. The city council shall provide clerical
and administrative personnel as may be reasonably
required by the enforcement board for the proper
performance of its duties.
(2) Each case before the enforcement board shall
be presented by the city attorney or by a member of
the administrative staff of the municipality.
(3) The enforcement board shall proceed to hear
the cases on the agenda for that day. All testimony
shall be under oath and shall be recorded. The en-
forcement board shall take testimony from the code
inspector and alleged violator. Formal rules of evi-
dence shall not apply, but fundamental due process
shall be observed and shall govern said proceedings.
(4) At the conclusion of the hearing, the enforcee-
ment board shall issue findings of fact, based on evi-
dence of record, and conclusions of law and shall is-
sue an order affording the propert relief consistent
with powers granted herein. The finding shall be by
mntion approved by a majority of those present and
voting, except that at least three members of the en-
forcement board must vote in order for the action to
be official. The record shall be presented to the court
on appeal and shall be subject to review.
166.058 Powers of the enforcement board.
-The enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings.
(2) Subponea alleged violators and witnesses to
its hearings. Subponeas may be served by the police
department of the municipality.
(3) Subponea evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law com-
manding whatever steps are necessary to bring a vio-
lation into compliance.
History.-s. 1, ch. 80-300.
166.059 Administative fines; liens. The en-
forcement board, upon notification by the code in-
spector that a previous order of the enforcement
board has not bee complied with by the set time,
may order the violator to pay a fine not to exceed
$500 for each day the violation continues past the
date set for compliance. A certified copy of an order
imposing a fine may be recorded in the public records
and thereafter shall constitute a lien against the kland
on which the violation exists. After 1 year from the
filing of any such lien which remains unpaid, the en-
forcement boad may authorize the city attorney to
foreclose on the lien.
History.-s. 1, ch. 80-300.
166.061 Appeals.-An aggrieved party may ap-
peal a ruling or order of the enforcement board by
certiorari in circuit court. An appeal shall be filed
within 30d ays of the execution of the order to be ap-
pealed.
History.-s. 1, ch. 80-300.
166.062 Notices.-All notices required by this
act shall be by certified mail, return receipt request-
ed, or, when mail would not be effective, by hand de-
livery by the code inspector.
History.-s. 1, ch. 80-300.
PART III
MUNICIPAL BORROWING
166.101 Definitions.
166.111 Authority to borrow.
166.121 Issuance of bonds.
166.122 Establishment of sinking fungs.
166.131 Levy of taxes for payment of debt.
166.141 Full authority for issuance of bonds.
166.101 Definitions.-As used in this part, the
following words and terms shall have the following
meanings unless some other meaning is plainly indi-
cated:
(1) The term "bond" includes bonds, debentures,
notes, certificates of indebtedness, mortgage certifi-
cates, or other obligations or evidences of indebted-
ness of any type or character.
(2) The term "general obligation bonds" means
bonds which are secured by, or provide for their pay-
ment by, the pledge, in addition to those special taxes
levied for their dischage and such other sources as
may be provided for their payment or pledged as se-
curity under the ordinance or resolution authorizing
their issuance, of the full faith and credit and taxing
power of the municipality and for payment of which
recourse may be had against the general fund of the
municipality.
(3) The term "ad valorem bonds" means bonds
which are payable from the proceeds of ad valorem
taxes levied on real and tangible personal property.
(4) The term "revenue bonds" means obligations
of the municipality which are payable from revenues
derived from sources other than ad valorem taxes on
real or tangible personal property and which do not
pledge the property, credit, or general tax revenue of
the municipality.
(5) The term "improvement bonds" means special
obligations of the municipality which are payable
813
3 July 1973
Chap 653
SIGN ORDINANCE OF MARCH 30, 1965,
AS AMENDED •
Sec. 653.01. Short Title. This Chapter shall hereafter
be known and cited as the "Sign Code. " [Sign Ord. , 5 1,
30 Mar,. 1965) i/L'
Sec. 653.02. Application.
(A). The following signs are excluded from the operation
of this Chapter unless hereinafter noted.
(A). Signs painted on the exterior surface of buildings.
(B). Decals affixed to or signs painted on store fronts,
store equipment, canopies, fuel pumps, or other
type of vending equipment used for dispensing retail
products.
(C). Signs wholly within a building.
(D). Memorial signs, tablets, or placques, or names of
buildings and date of erection, when the same are
cut into any masonry surface or when constructed
of bronze or other incombustible material.
(E). Professional name plates not exceeding three (3)
square feet in area.
(F). Bulletin boards not over eight (8) square feet in
area for public, charitable or religious institu-
tions when the same are located on the premises of
such institution, and one (1) identification sign
not exceeding ten (10) square feet.
(G). Signs noting the architect, engineer or contractors
when placed upon work under construction, provided
such signs shall be removed within thirty (30) days
of Certificate of Occupancy.
(H). Occupational signs denoting only the name and pro-
fession of an occupant in a commercial building,
public institutional building or dwelling house,
placed flat against the exterior surface of the
building and not exceeding three (3) square feet
in area, except in Residential Single Family and
Duplex where the size shall be one (1) square foot.
(I). Directional signs to historical or geographical
points of interest which are maintained or oper-
ated as commercial attractions or enterprises.
(J). Traffic or other municipal signs, legal notices,
danger signs, and temporary emergency or non-
advertising signs.
(K). Signs securely affixed to and parallel with ex-
terior surface of a building which do not extend
more than eight (8) inches from the building.
(L). Signs consisting of an arrangement of a group of
single cut-out letters when securely fastened to
a building or structural part of a building.
[Sign Ord. , § 2 , 30 Mar . 1965 , as amended by Ord. No. 18-72 , § 1 ,
3 Oct. 1972]
Sec. 653.03. Restrictions on Signs in All Use Zones.
(A) 4 Single Family District Regulations. No sign of
any type shall be allowedin any R-lA Single Family Dwelling
District or R-1, One Single Family District of the City of Cape
Canaveral except the following.
(1) Signs of the types set forth in 653.02, Subparagraphs
3 through 10 inclusive, and one (1) sign limited
in size to five (5) square feet advertising prop-
erty for sale or rent. Said sign shall not be
nearer than twenty (20) feet from the curb or
paved street line on both improved and unimproved
lots.
(2) In connection with any new development comprising
not less than ten (10) houses or lots, a temporary
sign not exceeding twenty-four (24 ) square feet in
area may be erected for a period of one (1) year
and renewed for one (1) year thereafter. Said
sign to be erected on entrance to subdivision sub-
ject to specific formal approval of the City Council.
(B.) Signs on Right-of-Way Prohibited. Except for signs
which are the property of the State of Florida or of the City of
Cape Canaveral or which warn of a temporary physical danger in
the vicinity, no sign shall be erected, posted, painted, tacked,
nailed, or otherwise placed or located on or above any road right-
of-way or property of the City of Cape Canaveral, 653.02 not-
withstanding. All signs in violation of this sub-section will
be immediately removed by the City at the owner' s expense.
(C.) Signs on Vacant Land Generally Prohibited.
(1.) No signs except real estate or political signs
shall be erected, posted, painted, tacked, nailed,
or otherwise placed or located on or above any
vacant lot or tract of land. A real estate sign
shall be any sign used solely for the sale or
lease of property on which the sign is located.
A political sign shall be any sign used solely
to present information suggesting a candidate' s
suitability for elected public office.
(2.) Political signs shall not be erected prior to the
candidate qualifying for office and shall be re-
moved within five (5) days following the election
in which his name appears.
(3.) A real estate sign shall not exceed five (5) square
feet in size. A political sign shall not exceed
thirty-two (32) or be less than five (5) square
feet in size. No cardboard or paper shall be used
in the construction of any sign except as a paper
face if it rests entirely on a one-half inch or
thicker wood backing, and is securely attached to
the backing by an adhesive over the entire surface.
(4.) All signs in violation of §§ 653.01, 653.02, & 653.03, and
above will be immediately removed at the owner' s
expense.
(5.) Existing signs on vacant property shall remain
until they are removed or fall into disrepair . A
sign is in disrepair when so determined by the
City Building Inspector at his discretion. When
a sign is so determined to be in a state of dis-
repair, the City shall so notify the sign owner
and property owner of the existing condition;
and if the sign owner or property owner fails or
refuses to comply, the City may remove said sign
with all costs to be borne by the sign owner or
property owner. The procedure to be followed
by the City upon determination that a sign is in
a state of disrepair shall be the same as the
procedure established in Chapter XXII of the City
Charter relating to "Abatement of Muisances. "
(6.) No new billboards shall be erected in the City of
Cape Canaveral, Florida. Any new billboard
erected in violation of this paragraph shall be
removed within 48 hours of notice to the sign
owner and property owner. If the sign owner or
property owner fails to remove said sign, the
City shall do so at the sign owner' s or the pro-
perty owner' s expense.
D. It is the expressed legislative intent of the City
Council that there shall be a prohibition, without any excep-
tions, against the use of any portion of a street, sidewalk,
alley, right-of-way, or public thoroughfare for the display of
merchandise for sale, or the location of p. rtable or movable
signs or stands to advertise or draw attention to the business
of any person, or the parking of vehicles or other type of
contrivance which are in and of themselves unique and unusual
and are parked for the purpose of attracting attention to a
person' s place of business, or the parking of vehicles or other
types of contrivances to which there is attached a sign adver-
tising the business of or product sold by the business of any
person, firm or corporation or designed to attract attention
thereto; provided, however, that the foregoing prohibition
against the use of the streets for the parking of vehicles is
not intended to prohibit the bonafide parking of any vehicle
used primarily by the owner thereof for the purpose of trans-
portation, nonwithstanding that such vehicle may have painted
upon the exterior surface the owner' s name or address or business
slogan or trademark or other emblem which identifies the vehi-
cles owner or business in a manner consistent with that custo-
marily found on commercial vehicles or vehicles used for commer-
cial purposes.
[Sign Ord. , 5 3 , 30 Mar. 1965, as amended by Ord. No. 18-72,
§ 1 , 3 Oct. 1972
Sec. 4 . Permits Required.
It shall be unlawful for any person to install,
alter, or relocate any sign, marquee, canopy, awning or other
advertising structure except those described in 653.02 and 653.03
herein without first obtaining a permit from the City
Building Inspector and making payment to the City Clerk the fee
as required by the schedule of fees established for construction
of miscellaneous structures. All illuminated signs shall in
addition, be subject to the provisions of any construction
Codes of the City and the permit fees required thereunder.
[Sign Ord. , § 4 , 30 Mar. 1965]
Sec. 653.05. Application for Erection Permit. Application
for erection permits shall be made upon blanks provided by the
Building Inspector, and shall contain or have attached thereto
the following information:
(A.) Name, address and telephone number of the applicant.
(B.) Whether applicant is "owner" or "lessee", and if
latter, show authority of owner.
(C.) Location of building, structure, or lot to which
or upon which the sign or other advertising structure is to
be attached or erected.
(D.) Plot plan showing position of the sign or other
advertising structure in relation to neraby buildings_ or struc-
tures.
(E.) Two blueprints or ink drawings of the plans and
specifications and method of construction and attachment to the
building or in the ground.
(F.) Name of person, firm, corporation or association
erecting structure.
(G.) Any electrical permit required and issued for
said sign.
(H.) Such other information as the Building Inspector
shall require to show full compliance with this and all other
laws and ordinances of the City.
[Sign Ord. , 5 5, 30 Mar. 1965]
653.06 Wind Pressure and Dead Load Requirements.
All signs and other advertising structures shall be designed and
constructed to withstand a wind velocity as set forth in the
Southern Standard Building Code, as amended, and shall be
constructed to receive dead loads as required by the gaid South-
ern Standard Building Code, as amended, or other cr11n2E&,s of
the City of Cape Canaveral, Florida. [Sign Ord. , § 6, 30 Mar.
1965]
653.07 Obstruction to Doors, Windows or Fire Escapes.
No sign shall be erected, relocated or maintained so as to
prevent free ingress to or egress from any door or fire escape.
No sign of any kind shall be attached to a stand pipe or fire
escape. [Sign Ord. , § 7, 30 Mar. 1965]
653.08 Signs Not to Constitute Traffic Hazard. No
sign or other advertising structure as regulated by this Ordin-
ance shall be erected at the intersection of any street in such
a matter as to obstruct free and clear vision; or at any loca-
tion where, by reason 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 or words commonly used on traffic control signs or
signals. [Sign Ord. , 5 8 , 30 Mar. 1965]
653.09 Sign Lighting. Goose neck reflectors, spot
lights, flood lights, and other lights shall be permitted on
ground signs, roof signs, and wall signs, provided, however, the
reflectors shall be provided with proper glass lenses concen-
trating the illumination upon the area of the sign so as to
prevent glare upon the street or adjacent property. [Sign Ord. ,
§ 9 , 30 Mar. 1965]
653.10 . Obscene Matter Prohibited. [Deleted by
Florida Law 73-120, eff. 1 July 1973]
653.11 Temporary Signs. Temporary signs as used
in this Chapter are defined as signs constructed of cloth,
canvas, light fabric, cardboard, wallboard or other light mat-
erials, with or without frames, intended to be displayed for
a short period of time only.
A. General Regs. No sign of any character shall be
suspended across any public street, avenue or alley; nor shall
any sign of any description be painted, pasted, printed or
nailed on any curb or sidewalk or upon any trees, light standards,
utility poles, hydrants, bridges, or any structures, other than
awnings, within the property lines of any street, avenue or
alley within the limits of the City of Cape Canaveral, except
with the permission of the City Council; nor shall any sign of
any kind be attached to any private wall, window, door, gate,
fence or to any other private structure except with the written
permission of the owner or leasee and as restricted otherwise
in this Chapter. Such written permission shall be filed with
the Building Inspector and. all such signs shall be removed within
seven (7) days from conclusion of said need.
B. The General Regulations shall be modified as
herein for temporary signs for private advertising purposes.
Permits for temporary signs shall authorize the erection of
said signs and maintenance thereof for a period not exceeding,
ninety (90) days, and permits cannot be renewed for the same
sign, nor can the same owner be issued another temporary permit
on the same location, within sixty (60) days from the date of
expiration of any previously issued temporary permit. Signs for
specific events shall be removed within seven (7) days after
conclusion of same.
[Sign Ord. , § 11, 30 Mar. 1965]
Sec. 653.12. Marquees.
(A.) Marquee as regulated by this Chapter shall
include any hood or awning of permanent construction projected
from the wall of a building above the entrance and extending
over a thoroughfare.
(B.) In addition to the General Regulations, the fol-
lowing shall apply to marquees.
(1.) All marquees including the anchors, bolts, support
rods, and braces thereof, shall be designed by a
registered engineer and shall be properly guttered
and connected by down spout to a sewer so that the
water therefrom will not drip or flow on the
public property, and the roof thereof shall be
used for no other purposes than to form and con-
stitute a roof.
(2.) No marquees shall be permitted to extend beyond
the point two (2) feet inside the curb line.
(3.) Marquees shall be supported solely to the building
to which they are attached, and no columns or
posts shall be permitted as support thereof.
The roof of any marquee shall be designed and
constructed to support a live load of not less
than one hundred (100) pounds per square foot,
except that this provision shall not apply to
awnings. No marquee shall be erected on any
building of wooden frame construction unless
attached to the masonry, concrete or steel sup-
ports of the building.
(4.) Signs attached to or hung from a marquee shall be
completely within the border line of the marquee
outer edge.
[Sign, Ord. , § 12 , 30 Mar. 1965]
653.13. Awnings and Canopies.
A. Awning shall include any structure made of fire
resistant cloth, metal or plastic with a metal frame attached
to a building and projecting over a sidewalk or thoroughfare
when the same is so erected as to permit its being raised or
lowered to a position flat against the building when not in use.
A canopy shall include any structure, other than an awning, made
of fire resistant cloth, plastic, or metal with metal frames
attached to a building, projecting over a thoroughfare or side-
walk, and carried by a frame supported by the ground or side-
walk.
(B.) The General Regulations shall be modified for
awnings and canopies as follows.
(1.) Canopies and awnings may be constructed of fire
resistant cloth, metal, or plastic, but all frames
and supports shall be of metal .
(2.) No canopy shall exceed ten (10) feet in width, but
there is no limitation on the width of awning.
All such awning or portions of such awnings and
canopies shall be not less than seven (7) feet
above the level of the sidewalk, and shall not
extend beyond a point two (2) feet inside the
curb line.
(3.) Every awning shall be securely attached to and
supported by the building, and posts or columns
beyond the building line shall not be permitted.
When such building is less than ten (10) feet
from public property, no awning shall be attached
to the wood jams, frames, or other wood members
of the building.
[Sign Ord. , § 13, 30 Mar. 1965] DISREGARD MARKINGS
653.14. Penalties. Any person violating any provision
of this Chapter shall be deemed guilty of a violation of this
ordinance and upo conviction thereof shall be fined not more
than fifty follars ($50.00), or subject to imprisonment in the
city jail not exceeding ten (1) days, or by both such fine
and imprisonment at the discretion of the court. Each day a
violation is committed shall constitute a separate offense and
shall be punishable as such. Nothing in this section shall be
construed to prohibit the removal or alteration of any sign
or other advertising structure after notice given as herein
provided, notwithstanding that the person owning or maintaining
the same shall have been convicted for a violation of this
Code. [Sign Ord. , § 14 , 30 Mar. 19654 amend. 23-73, § 5, 3 Jul
653.15. Separability. If any section sub-section,
sentence, clause, phrase, or portion of this Chapter 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 portions thereof. [Sign
Ord. , § 15, 30 Mar. 1965]
653.16. Securities, Bond or Insurance.
A. Bond. The owner or person in control of a sign,
awning, marquee, or banner of any kind whatsoever, suspendc2dt
over or extending into any public right-of-way more than one
(1) foot beyond the property line, shall execute a bond in the
sum of five thousand dollars ($5. 000 .00) with sureties approved
by the City Attorney, indemnifying the City against all loss,
cost, damage, or expenses incurred or sustained by, or judg-
ments recovered against the city, or by any of its officers,
employees , appointees, or servants, by reason of the constr-
uction or maintenance.
B. Insurance. In lieu of the bond required in
sub-section A, above, the owner or person in control of a
sign, awning, marquee or banner of any kind suspended or ex-
tending into the public right-of-way beyond one (1) foot of
the property line, may substitute therefor a Public Liability
and Property Damage Insurance Policy by any insurance company
authorized to do busingss in the State of Florida, in the
same amount and with the same conditions as required by sub-
section A, above.
[Sign Ord. , § 16, 30 Mar. 1965]
City of Cape Canaveral
105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920
P.O.BOX 326
TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
June 21, 1982
Joe said this errate sheet was not necessary - just to go ahead and make the change. [signature]
FIRST ERRATA SHEET
SIGN CODE ORDINANCE
NO. 9-82
CITY CODE CHAPTER 653
WHEREAS, there was a typographical error on the
list of amendments to the Sign Code, and
WHEREAS , the following change does not alter the
intent of this Ordinance, but is made for clarification
purposes,
NOW, THEREFORE, the following change is made :
The paragraph added after Section 653. 07 (C) (3)
should be deleted and added after Section 653 . 07 (C) (2) .
[no signature]
Joseph W. Scott
City Attorney
File
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
To: Fred Nutt, City Manager
From: Artis Gunn, Building Official
Subject: Sign Code Violations
Date: June 27, 1986
Pursuant to our conversation this morning, the following list
represents those signs which are installed contrary to the provi-
sions of the City' s Sign Code, Chapter 653 of the City Code.
1. Future improvement sign for Wilson World
2. Future improvement sign for Aloha Office Center
3. Temporary off premise real estate sign for Longpoint Townhomes
4. Temporary off premise real estate sign for Cape Winds Condo-
minium
5. Temporary on premise real estate sign for Treasure Island
As it is my understanding that the City Council will be reviewing
this Chapter of the code in the near future to discuss amending
same, this partial list is being forwarded to you as potential
discussionary material. Additionally, code enforcement actions
in this specific area have been temporarily suspended, pending
further advisement from your office.
[signature]
Artis A. Gunn
Building Official
AAG:jh
File Sign Code History File
Fred, for your info.
CITY OF ORLANDO
OFFICE OF LEGAL AFFAIRS
DATE: February 25, 1985
TO: Barbara
City of Cape Canaveral
SUBJECT:
[] Call me [] See me
[] Reply [] Per your request
[] Signature [] Give me your recommendation
[] For your information [] Approve and return
[] For action as indicated [] See attachment
[] Approved as written/executed [] For review and comment
[] Approved as amended [] See Changes as noted
[] Other (See comment) [] PRIORITY
COMMENTS: Pursuant to our phone conversation, I have attached the
order you requested. Please do not hesitate to call if you need
anything further.
[signature of Mary Ann [illegible]]
161...1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ALL AMERICAN SIGN RENTALS , INC . ,
GARY L . HOENIG d/b/a AACTION ,
RENT-A-SIGN , CARY ORIZONDA d/b/a
CARY-A-SIGN , JACK YODER d/b/a
JAYCO SIGNS , SIGNS INC . OF
FLORIDA, SILAS ENTERPRISES , INC .
d/b/a 'ARROW RENT-A-SIGN , COLONIAL
AUTO AIR , INC . d/b/a ICE COLD
AUTO AIR and SAGER ENTERPRISES
INCORPORATED d/b/a ARNIE SAGER
Plaintiff( s ) ,
vs . CASE NO . 83-781-ORL-CIV-17
CITY OF ORLANDO
Defendant ( s ) .
ORDER ON RESERVED RULING
This Court , having reserved ruling on the Defendant's
proffers, determines the following. The Defendant 's two proffers
are admitted into evidence . The Plaintiff ' s objections are
OVERRULED.
WE and ORDERED in Chambers at Orlando , Florida this
27th day of October , 1983 .
[signature]
ELIZABETH A KOVACHEVICH
United States Disrict Judge
Copies furnished to :
John B . Liebman , Esq .
Linda F . Wells , Esq .
Christian K . Bilodeau , Esq .
Robert D . Guthrie , Esq .
UNITED STALES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ALL AMERICAN SIGN RENTALS, INC . ,
GARY L . HOENIG d/b/a/ AACTION
RENT-A-SIGN, CARY ORIZONDA d/b/a
CARY-A-SIGN , JACK YODER d/b/a
JAYCO SIGNS, SIGNS INC . OF
FLORIDA, SILAS ENTERPRISES , INC .
d/b/a ARROW RENT-A-SIGN , COLONIAL
AUTO AIR , INC . d/b/a ICE COLD
AUTO AIR and SAGER ENTERPRISES
INCORPORATED d/b/a ARNIE SAGER
Plaintiff( s) ,
vs. CASE NO . 83-781 -ORL-CIV-17
CITY OF ORLANDO
Defendant ( s ) .
FINAL DECLARATORY JUDGMENT AND
PERMANENT INJUNCTION-
In accordance with this Court ' s Memorandum Opinion entered
this date , this Court enters this Declaratory Judgment and
Permanent Injunction as follows :
IT IS ORDERED , DECREED AND ADJUDGED that City of Orlando
Code Section 58 . 145 ( B) 5 . ( a ) and ( f) , as amended by the ordinance
dated September 26 , 1983 , for the regulation of portable trailer
signs, is hereby declared unconstitutional and the Defendant ,
City of Orlando , Florida , is hereby permanently enjoined from the
enforcement of that regulation . IT IS SO ORDERED.
DONE and ORDERED in Chambers at Orlando , Florida this
27th day of October , 1983 .
[signature]
ELIZABETH A KOVACHEVICH
United States District Judge
I certify the foregoing to be a true
and correct copy of the original
DONALD [faded text], Clerk
United [faded text] Court
Middle District of Florida
[signature]
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ALL AMERICAN SIGN RENTALS, INC . ,
GARY L . HOENIG d/b/a AACTION
RENT-A-SIGN , CARY ORIZONDA d/b/a
CARY-A-SIGN , JACK YODER d/b/a
JAYCO SIGNS, SIGNS INC . OF
FLORIDA , SILAS ENTERPRISES , INC .
d/b/a -ARROW RENT-A-SIGN , COLONIAL
AUTO AIR , INC . d/b/a ICE COLD
AUTO AIR and SAGER ENTERPRISES
INCORPORATED d/b/a ARNIE SAGER ,
Plaintiffs ,
vs . CASE NO. 83-781 -ORL-CIV-17
CITY OF ORLANDO
Defendant .
MEMORANDUM OPINION
This cause involves the constitutionality of the City of
Orlando Ordinance providing for distance requirements and
providing for time on and off premises as set forth in Section
58 .145( 1 ) ( 6) ( 5 ) , City Code of the City of Orlando, as amended by
the Ordinance dated September 26 , 1983 , for the regulation of
portable trailer signs.
Jurisdiction for this action is pursuant to 28 U . S. C . § 1331 ,
based on Plaintiff ' s challenges of Section 58 . 145( 1 ) ( B) ( 5 ) of the
City Code , amended , as depriving the Plaintiffs of their
Constitutional rights as protected under the First and Fourteenth
Amendment guarantees of commercial speech . The Plaintiffs have
standing to sue .
As this Court stated in its Memorandum Opinion of April 21 ,
1981 , in the case of Signs v . , Orange County , Case No .
83-233-CIV-ORL-17 , this "legislation affects what has perhaps
Case No . 83- 781 -ORL -CIV- 17
become the most popular medium of expression for numerous small
businesses as well as a valuable means of disseminating
non-commercial speech by religious , civic , and social
organizations : ' the portable sign ' " . In this instant action ,
Section 58 . 144 - 1 ( 9 ) ( u ) defines a trailer sign as "any sign
mounted on a vehicle normally licensed by the State of Florida as
a trailer and used for advertising or promotional purposes" . The
regulations at issue are contained in Section 58 . 145 ( 1 ) ( B ) ( 5 ) of
the City Code of the City of Orlando as amended by the Ordinance
dated September 26 , 1983 .
Effective October 6 , 1983 , Section 58 . 145 ( 1 ) ( B) 5 . ( a) of the
Code of the City of Orlando provides that a permit for a trailer
sign shall not be valid for a period longer than forty ( 45 ) days
after which time the trailer sign shall be removed from the
business site ; a permit shall not be renewed nor shall a permit
be obtained for the same business site within a period of
seventy- five ( 75 ) days after the removal of a trailer sign from
the business site ; and no business site eligible under this
section shall be permitted to display a trailer sign more than
one hundred thirty-five ( 135 ) days during any twelve ( 12 ) month
period . In addition , the Plaintiffs are challenging the
constitutionality of Section 58 . 145 ( 1 ) ( B ) 5 . ( f ) providing "a
maximum of one trailer sign per business location with a minimum
spacing of four hundred ( 400 ) feet between any two ( 2 ) trailer
signs on the same side of the road " .
STATEMENT OF THE CASE
The Plaintiffs filed their Complaint and a Petition for
Temporary Restraining Order October 3 , 1983 . The Plaintiffs
requested a Temporary Restraining Order to restrain enforcement
- 2 -
Case No . 83-781 -ORL -CIV- 17
of Section 58 . 145 ( 1 ) ( B ) 5 ( a ) , as amended , until this Court rules
on the merits of the complaint . This Court heard argument on the
Petition for Temporary Restraining Order on October 4 , 1983 , and
ruled it would enter the Order October 6 , 1983 , the effective
date of the challenged amendment . At the Temporary Restraining
Order hearing , the parties agreed that a final hearing on the
meri€s would be held October 6 , 1983 .
On October 5 , 1983 , the City of Orlando moved for
continuance of the October 6th hearing on the ground that the
City Commissioner , Pat Schwartz , would be unavailable to testify
on October 6th . In light of this Court ' s calendar demands , all
parties agreed , and this Court ordered , that Commissioner
Schwartz ' s testimony could be taken by deposition subsequent to
the October 6th trial and such deposition testimony would be
considered part of the trial testimony .
On October 6th, this Court entered a Temporary Restraining
Order effective through November 7 , 1983 , heard testimony and
received evidence relevant to the complaint.
At the request of the City of Orlando , and as previously
agreed to , this Court ordered that the record remain open through
October 18 , 1983 , for further testimony via depositions of City
Commissioner Pat Schwartz , Arnold Sager and Jack Yoder .
On October 6 , 1983 , this Court heard all testimony
pertaining to the Plaintiff ' s request for declaratory judgment
and injunctive relief . At the Court ' s request , memoranda were
- 3 -
Case No . 83-781 -ORL-C1V- 17
submitted by the parties October 11 , 1983 and were supplemented
by memoranda October 21 , 1983 .
This Court , having heard all testimony in this case and
having reviewed thoroughly all memoranda in support and
opposition , finds the following .
BACKGROUND
The City of Orlando is a Florida municipal corporation . As
such , the City has the power and obligation to plan and zone the
territory within the city pursuant to Parts II and III of Chapter
163 Florida Statutes . This a power conferred pursuant to the
State' s police powers to be exercised for the health , safety and
welfare of the citizens of the City . Fla . Stat . § 163 . 3201
mandates that certain regulations be included within the land
development regulations of the local government . Zoning
ordinances are such land development regulations . In addition ,
ordinances relating to signs are traditionally considered as a
regulation affecting the land since signs are used either
accessory to another use or as a primary use of a piece of land .
The City of Orlando has sign regulations dealing with all
types of signs . The city regulations are part of a comprehensive
approach to such regulation by addressing standards for all types
of signs . Trailer signs are regulated as either allowed or
excess signage in two ( 2 ) ways . First , trailer signs are
regulated as part of the allowed signage a business site may have
in the overall calculation of the amount of sign area surfaced .
Secondly , trailer signs are addressed as permitted , excess
signage subject to spacing from other excess trailer signage and
time on and time off the business site .
- 4 -
Case No . 83-781 -ORL -C1V-17
PURPOSE OF CHAPTER 58
The purpose of Chapter 58 is delineated in Section 58 .02 .
In their interpretation and application , the
provisions of Chapter 58 of this Code shall be
the minimum requirements to promote the public
health, safety, comfort , good order , appearance ,
morals and general welfare ; to conserve the
taxable value of land and buildings and to
protect the character and maintain the stability
of residential , business and industrial areas
within the city and to promote the orderly and
beneficial development of such areas . Among
other purposes , such areas are intended to
provide adequate light , air , privacy and
convenience of access to property ; to avoid
undue concentration of population by regulating
and limiting the height and bulk of building ; the
size and open spaces surrounding building ; to
establish building lines ; to divide the City into
districts restricting and regulating therein the
construction , reconstruction , alteration and use
of buildings, structures and land for residents ,
business, industrial and other specified uses and
to limit congestion in the public streets by
providing off-street parking of motor vehicles
and to define the powers and duties of the
administrative officers and Board of Zoning
Adjustment as provided herein.
Furtermore , Article XIX . Sign Regulations Section 58 . 144
defines the purpose to:
Promote the public health , safety and general
welfare , and to protect the character of
residential , business and industrial areas
throughout the city .
It is intended that signs placed on land or on a
building for the purpose of identification or for
advertising a use conducted thereon or therein
shall be deemed to be accessory and incidental to
subject land building or use . With respect to
- 5 -
Case No . 83- 781 -ORL -CIV-17
signs advertising business uses , it is
specifically intended among other things, to
avoid excessive competition and clutter among
sign displays in the demand for public attention.
Therefore , the display of signs should be
appropriate to the land , building or use to which
they are appurtenant and be adequate , but not
excessive , for the intended purpose of
identification or advertising.
Therefore, the stated purposes for the the regulations of
signs in the City of Orlando are to promote public health safety
and general welfare and to protect the character of residential ,
business and industrial areas throughout the City .
CITY CODE HISTORY
In 1974 , the City of Orlando adopted regulations providing
for trailer signs as permitted excess signage . Subsequently ,
regulations were adopted in October 1980 , regulating the
anchoring , set -back , corner set-back , prohibited lighting , four
hundered (400) foot set-back and permitted time on premises and
required time off premises . In 1980 , the regulations provided
for sixty (60) days on site and a mandatory thirty (30 ) days off.
September 26 , 1983 , the City Council amended the regulations
dealing with trailer signs . The amended regulations provided for
forty- five ( 45 ) days for using the sign and a required
seventy-five ( 75 ) days off the premises with a one hundred
thirty- five ( 135 ) maximum use per year by any one business . The
four hundred (400 ) foot separation requirement remained unchanged
from the 1980 ordinance . It is the four hundred ( 400 ) foot
separation requirement and the on-off requirements of forty- five
( 45 ) and seventy - five ( 75 ) day requirements that are challenged
in this action.
- 6 -
Case No . 83-781 -ORL -CIV-17
COURT ' S APPLICATION OF THE METROMEDIA/SCHAD TESTS
In Metromedia , Inc v . San Diego , 453 U . S . 490 ( 1981 ) , a
four part test was adopted for determining the validity of
government restrictions on commercial speech . The Metromedia
test -provides that : " ( 1 ) The First Amendment protects commercial
speech only if that speech concerns lawful activity and is not
misleading . A restriction on otherwise protected commercial
speech is valid only if it ( 2 ) seeks to implement a substantial
governmental interest , ( 3) advances that interest and (4 ) reaches
no further than necessary to accomplish the given objective " .
Id . at 815 . See also Central Hudson Gas v . Public Service
Commission of New York, 447 U .S. 557 ( 1980) , and Dills v. City of
Marietta , Georgia, 674 Fed . 2d 133 ( 11th Cir . 1982) . However ,
this Court has found "reliance upon Central Hudson . . . . and
the tests set forth therein is inappropriate in evaluating
regulations restricting trailer signs because Central Hudson
dealt with commercial speech restraints rather than a
content-neutral restraint ". This Court has noted previously that
the Schad test is the same as that set forth in Central Hudson
"with the excepton that the first part of the Central Hudson test
is eliminated" . Signs Inc . , et . al . , v. Orange County Case No.
83-233-Civ-Or1-17 , Memorandum Opinion at 9n .6 . The parties have
stipulated that the commercial speech involved in this action
concerns lawful activity and is not misleading . And , both parties
agree that public welfare , safety and aesthetics are substantial
governmental goals . In addition , the safety requirements of this
code are not challenged . The issues in this instant action
pertain to Parts 2 , 3 , and 4 of the Metromedia test , and/or the
Schad test as applied to the on-off and spacing requirements of
the Code .
- 7 -
Case No . 83-781 -ORL -CIV- 17
It is this Court ' s opinion that the City has not met this
four part test . In particular ; ( 1 ) no evidence was introduced to
justify the regulation in the face of its obvious restriction on
the freedom of speech . Specifically , all the witnesses for the
city agreed that the distance requirement and the on-off
requirement had no beneficial effect for public safety purposes
or for aesthetic and beautification purposes . ( 2 ) The city
acknowledged that the existing regulations make the use of these
signs safe within the City of Orlando and the City ' s current
inspection practices insure that the signs are used properly and
safely . ( 3 ) The City ' s actual evidence presented on October 6 ,
1983 , did not contain any rationalization or explanation for the
City ' s legislative act requiring the forty- five ( 45 ) and
seventy- five ( 75 ) versus the sixty ( 60 ) and thirty ( 30 ) days
on-off requirements . (4 ) No evidence was presented to support a
requirement for the four hundred ( 400 ) foot separation between
portable trailer signs when the evidence clearly establishes that
the City requires only a forty ( 40 ) foot separation between
permanent signs . ( 5 ) In that the signs conform with the City ' s
existing regulations concerning permanent signs when mounted on a
pole rather than a temporary trailer , it is difficult to see how
these signs interfere with the aesthetics of the community any
more than any other sign . ( 6 ) The evidence presented in this
case establishes that the signs are in fact both extremely
effective as a medium of expression and inexpensive to use . ( 7 )
These portable trailer signs are particularly beneficial to
political candidates and religious and social organizations that
wish to advertise during a portion of the year but not on a full
time basis nor on a full time basis so as to justify permanent
- 8 -
Case No . 83-7B1 -ORL -C1V- 17
signs . Businessmen testified that they received significant
business benefits from these signs . ( 8 ) The city failed to
present any evidence whatsoever to refute these beneficial
aspects or to justify the City ' s desire to place limitations on
the usage of these signs .
The City states that the portable trailer signs are but a
single part of a comprehensive set of regulations insuring public
safety and the character of the community ( aesthetics ) . The
public safety requirements of the regulations are not challenged
in this instant action nor are the codes goals of public health ,
safety , and welfare or aesthetics challenged . It is that aspect
of Chapter 58 of the Comprehensive Plan that "singles out "
portable signs disadvantageosly and unreasonably , arbitrarily and
capriciously limits their use under the pretext of safety
and aesthetics, while at the same time allowing billboards to be
placed within two hundred ( 200 ) feet of one another and permanent
signs to be placed within forty ( 40 ) feet of one another . The
evidence fails to show that this arbitrary , capricious and
unreasonable limiting of portable signs implements a substantial
governmental interest , advances that interest or reaches no
further than necessary to accomplish the given objective . Schad
v . Borough of Mount Ephraim , 452 U . S . 61 ( 1981 ) . It simply
"singles out " portable signs regulating the on-off and separation
requirements under the pretext of promoting the goals of health ,
welfare , safety and aesthetics of the community .
In the light of the foregoing , a permanent injunction is
entered in favor of the Plaintiffs prohibiting the enforcement of
the on-off and space limitations of Section 58 . 145 ( B ) ( 5 ) , City
Code of the City of Orlando as amended by the ordinance dated
- 9 -
Case No . 83-781 -ORL -CIV- 17
September 26 , 1983 , for the regulation of portable trailer signs ,
as to separation and on-off requirements . Also , a declaratoray
judgment is entered in favor of the Plaintiffs declaring these
specific Sections of the City Code of the City of Orlando to be
unconstitutional .
Orlando , Florida , this 27th day of
"IT IS SO ORDERED in
October 1983.
ELIZABETH A. KOVACHEVICH
United States District Judge
Copies furnished to :
John B. Liebman , Esq.
Linda F . Wells , Esq.
Christian K . Bilodeau , Esq.
Robert D . Guthrie , Esq.
- 10 -
ORDINANCE NO. 16-86
AN ORDINANCE AMENDING CHAPTER 653, "SIGN
CODE", OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, FLORIDA, BY AMENDING THE
LENGTH OF TIME THAT TEMPORARY ON-PREMISE
SIGNS ARE ALLOWED; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 653. 19 (B) of the Code of Ordinances is
hereby repealed in its entirety and replaced with the following:
Sec. 653. 19 Temporary On-Premise Signs
(B) These signs may be erected sixty (60) days prior to
opening a new business or start of construction. For good
cause shown, the Building Official may grant two (2)
additional extensions of sixty (60) days each. These signs
shall be removed no later than thirty (30) days after
opening, or construction has stopped. Signs for other
specific evenets shall be removed within seven (7) days
after the conclusion of same.
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 5th, day of August , 1986.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attoreny
First Reading: July 15, 1986
Posted: July 16, 1986
Advertised: July 19, 1986
Second Reading: August 5, 1986
NAME YES NO
FISCHETTI YES
KIDD YES
LEE YES
MARCHETTI YES
NICHOLAS YES
Certified
9-30-86
[signature]
333 § 653 . 17 SIGN CODE § 653 .17
Sec. 653 . 17 Abandoned Signs 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 (10) days of the service of written
notice from the Building Official to so do, 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
(6) consecutive months prior to the date of said notice from
the Building Official. If the order to remove is not complied
with, the Building Official may remove the sign and a lien may
be filed against the property for said expense incurred in
removal of the sign.
(B) Hazardous Signs. The Building Official 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 may
require the removal of any sign which is not property maintained
or which otherwise shows signs of neglect 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 after
forth-eight (48) hours from the time of notice by the Building
Official requesting the removal of such sign, unless within
that time, the permittee or owner shall have filed with the
Building Official notice of his intention to appeal his decision
to the Code Enforcement Board. Any such sign displayed more
than forty-eight (48) hours after notice to remove said sign
may be removed by the City at the expense of the permittee or
owner unless the matter be pending an appeal to the Code
Enforcement Board or unless the decision of the Building Official
has been reversed by the Code Enforcement Board.
(C) Signs Not to Constitute 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; or at any location where,
by reason of the position, shape or color, it may interfere with,
obstructing the view or be confused with any authorized traffic
sign, signal or device; or which makes use of any word or words
commonly used on traffic control signs or signals . Visibility
at intersections shall be in accordance with Section 639 . 25 of
the City Code.
333A § 653 .18 SIGN CODE § 653. 19
Sec. 653. 18 Sign Lighting. Gooseneck reflectors,
spotlights, floodlights and other lights shall be
permitted on ground signs, roof signs and wall signs,
provided, however, the reflectors shall be provided with
proper glass lenses concentrating the illumination upon
the area of the sign so as to prevent glare upon the
street or adjacent property. [Sign. Ord. , §9, 30 Mar 65;
Ord. No. 9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84]
Sec. 653 .19 Temporary On-Premise Signs.
Temporary signs as used in this Chapter are defined as
signs constructed of cloth, canvas, light fabric, cardboard,
wallboard, plywood or other light materials, with or without
frames, intended to be displayed for a short period of time
only.
(A) General Regulations . No sign or any character
shall be suspended across any public street, avenue or
alley; nor shall any sign or any description be painted,
pasted, printed or nailed on any curb or sidewalk or upon
any trees, light standards, utility poles, hydrants, bridges,
or any structures, other than awnings, within the property
lines of any street, avenue or alley within the limits of
the City of Cape Canaveral, except with the permission of the
City Council; nor shall any sign or any kind be attached to
any private wall, window, door, gate, fence or to any other
private structure, except with the written permission of the
City Council; nor shall any sign of any kind be attached to
any private wall, window, door, gate, fence or to any other
private structure except with the written permission of the
owner or lessee and as restricted otherwise in this Chapter.
Copy from ord. (B)
[Ord. No. 23-88; §5, 3 Jan 78; Ord. No.
9-82, §1, 1 Jun 82; Ord. No. 17-84, §1, 6 Nov 84; Ord. No.
16-86, §1, 5 Aug 86]
Chapter Revised
6 Nov 84
d'U o'
to
9 ,3
ot
READING
Enlivety
Rescinded by 49-73 18 Dec 1973
ORDINANCE NO.(23-73)
AN ORDINANCE AMENDING THE SIGN ORDINANCE BY CLARIFYING
THE RIGHT-OF-WAY PROHIBITION; BY PROHIBITING FLASHING
AND PORTABLE SIGNS; BY PROHIBITING LIGHTS WHICH PRODUCE
GLARE; BY ALTERING THE PENALTY PROVIDED; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS:
SECTION .1. RIGHT-OF-WAY PROHIBITION CLARIFIED. SECTION 3,
SUBSECTION B, OF THE SIGN ORDINANCE OF MARCH 30, 1965, AS AMENDED BY
ORDINANCE NO. 18-72 IS FURTHER AMENDED BY DELETING THE WORD 'OTHER' IN THE
PHRASE ". . . .ON OR ABOVE ANY ROAD RIGHT-OF-WAY OR OTHER PROPERTY OF THE
CITY OF CAPE CANAVERAL, . . ."
SECTION 2. FLASHING SIGNS PROHIBITED. SECTION 3 OF THE SIGN
ORDINANCE OF MARCH 30, 1965, AS AMENDED BY ORDINANCE NO. 18-72 IS FURTHER
AMENDED BY ADDING A NEW SUBSECTION D AS FOLLOWS:
49-73 D. FLASHING SIGNS PROHIBITED. ANY SIGN WHICH CONTAINS OR USES
FOR ILLUSTRATION ANY LIGHTS OR LIGHTING DEVICE OR DEVICES
WHICH CHANGE COLOR, FLASH OR ALTERNATE, SHOWS MOVEMENT OR
MOTION, OR CHANGES THE APPEARANCE OF SAID SIGN OR ANY PART
THEREOF IS PROHIBITED.
SECTION 3. PORTABLE SIGNS PROHIBITED. SECTION 3 OF THE SIGN
ORDINANCE OF MARCH 30, 1965, AS AMENDED BY ORDINANCE NO. 18-72 'IS FURTHER
AMENDED BY ADDING A NEW SUBSECTION E AS FOLLOWS:
49-73 E. PORTABLE SIGNS PROHIBITED. ANY SIGN WHICH IS MOBILE AND NOT
SECURELY AND PERMANENTLY ATTACHED TO THE GROUND OR A BUILDING
IS PROHIBITED.
SECTION 4. LIGHTS WHICH PRODUCE GLARE PROHIBITED. SECTION 3 OF.THE
SIGN ORDINANCE OF MARCH 30, 1965, AS AMENDED BY ORDINANCE NO. 18-72 IS FURTHER
AMENDED BY ADDING A NEW SUBSECTION F AS FOLLOWS:
F. LIGHTS WHICH PRODUCE GLARE PROHIBITED. NO SIGN SHALL CONTAIN ANY
INCANDESCENT REFLECTOR LAMP IN EXCESS OF 100 WATTS DIRECTED AT
ANY ROADWAY.
SECTION 5. PENALTY ALTERED. SECTION 14 OF THE SIGN ORDINANCE OF
MARCH 30, 1965, AS AMENDED BY ORDINANCE NO. 18-72 IS FURTHER AMENDED BY CHANGING
THE SENTENCE "ALTHOUGH EACH DAY A VIOLATION IS COMMITTED SHALL CONSTITUTE A
SEPARATE OFFENSE AND SHALL BE PUNISHABLE AS SUCH, HOWEVER, NO PERSON SHALL BE
CHARGED WITH OR CONVICTED OF MORE THAN ONE VIOLATION." TO READ "EACH DAY A
VIOLATION IS COMITTED SHALL CONSTITUTE A SEPARATE OFFENSE AND SHALL BE PUNISH-
ABLE AS SUCH."
SECTION 6. SECTIONS 1, 2, 4, & 5 OF THIS ORDINANCE SHALL BECOME
EFFECTIVE IMMEDIATELY UPON ADOPTION. SECTION 3 OF THIS ORDINANCE SHALL BECOME
EFFECTIVE THIRTY (30) DAYS AFTER ADOPTION.
OR 23-73
PAGE 1 OF 2
ADOPTED THIS 3RD DAY OF JULY, 1973, BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA.
[signature]
MAYOR
ATTEST:
[signature]
CITY CLERK
APPROVED AS TO FORM:
[signature]
CITY ATTORNEY
[signature]
SPONSORING COUNCILMAN
FIRST READING: JUNE 19, 1973
POSTED: JUNE 21, 1973
SECOND READING: JULY 3, 1973
NAME YES NO ABS
MACLAY YES
RHAME YES
RUTOWSKI YES
SALVAGGIO YES
THURM YSS
OR 23-73
PAGE 2 OF 2
ORD 18-82
REPEALED
ORD 22-73
ORDINANCE NO. 22-71 Jan 4; 1972
AN ORDINANCE AMENDING AN ORDINANCE
REGULATING THE LOCATION, CONSTRUCTION,
SIZE AND MAINTENANCE OF SIGNS, ETC.,
ADOPTED MARCH 30, 1965, BY PROHIBITING
SIGNS ON VACANT LOTS; BY PROVIDING
CERTAIN EXCEPTIONS, ENFORCEMENT PRO-
CEDURES, AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Section 3 is amended by the deletion of sub-
section (c) in its entirety and by the addition of the following new/
subsection to read as follows :
"SECTION 3. C. (a) No signs except real estate signs
will be placed on any vacant lot or tract of land.
(b) Existing signs on vacant property
shall remain until they are removed or fall into disrepair. A sign
is in disrepair when so determined by the City Building Inspector
at his discretion . When a sign is determined to be in a state of
disrepair , the City shall so notify the sign owner and property owner
of the existing condition; and if the sign owner or property owner
fails or refuses to comply , the City may remove said sign with all
costs -to be borne by the sign owner or property owner . The procedure
to be followed by the City upon determination that a sign is in a
state of disrepair shall be the same as the procedure established in
Section XXII of the City Charter relating to "Abatement of Nuisances."
(c) No new billboards shall be erected
in the City of Cape Canaveral , Florida. Rep 22-73 7/3/73
(d) A real estate sign shall be any sign
used soley for the sale or lease of the property and/or building on
which the sign is located and shall not exceed five (5) square feet
in size.
(e) Any sign placed in the City of Cape
Canaveral without a permit shall be removed within 48 hours of notice
to the sign owner and property owner. If the sign owner or propert
owner fails to remove said sign, the City shall do so at the sign
owner's or the property owner's expense."
Am sec 3 in its entirety
22-73, 7/3/73
PAGE 1 OF 2
SECTION 2. This Ordinance shall become effective upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
January, 1972 .
Florida, on this 4th day of January, 1972.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
First reading: December 7, 1971
Posted: December 13, 1971
Second reading: 1-4-72
PAGE 2 OF 2
Codied
June 83
History file
MICROFILMED 1-18-83
ORDINANCE NO. 21-82
AN ORDINANCE AMENDING CHAPTER 653 OF
THE CITY CODE OF THE CITY OF CAPE
CANAVERAL, FLORIDA BY AMENDING SECTION
653. 22 TO CONFORM WITH FLORIDA STATUTES;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Cape Canaveral, Florida has adopted
a Sign Ordinance and a Code Enforcement Board to enforce such
Ordinance, and
WHEREAS, the Florida Legislation amended the legislative
section on municipal code enforcement policies, and
WHEREAS, the City of Cape Canaveral, Florida is desirous
of being in conformance with the Florida Statutes .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows :
SECTION 1. Section 653 . 22, "Penalty for Violations" , is
hereby repealed in its entirety and Section 653 . 22, Penalty for
Violations is hereby adopted:
SECTION 653 .22 PENALTY FOR VIOLATIONS . Any person
who knowingly violates or fails to comply with any of the
provisions of this chapter, or the erector, owner or user
of an unlawful sign, or the owner of the property on which
an unlawful sign is located shall be guilty of a misdemeanor
of the second degree and upon conviction thereof shall be
punished as provided in Florida Statutes, Sections 775 . 082
and 775 .083 .
Every day any violation of any provision, subsection
or section of this chapter shall continue or be omitted,
if required and neglected, shall constitute a separate
offense, and subject such violator to a separate fine or
imprisonment, or both, for such separate offense.
In addition to the provisions for criminal penalties
provided herein, any violation of the provisions of this
chapter shall be subject to enforcement by the City of
Cape Canaveral Sign Code Enforcement Board hereby established
pursuant to Florida Statutes, Chapter 162, according to
the procedures legally established for such Board and
subject to the penalties provided by Florida Statutes,
Chapter 162 . The members of the Sign Code Enforcement Board
shall be appointed by Resolution, and shall be residents of
the City of Cape Canaveral, Florida for the one year period
immediately preceding their appointment. [Ord. No. - ]
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed.
ORD. NO. 21-82
PAGE 1 OF 2 .
MICROFILMED 1-18-83
SECTION 3 . This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 21st day of December , 1982 .
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 12-7-82
Posted: 12-8-82
Advertised: 12-13-82
Second Reading: 12-21-82
ORD. NO. 21-82
PAGE 2 OF 2.