HomeMy WebLinkAboutcocc_ordinance_no_17-2022_202210181 ORDINANCE NO. 17-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING OF THE CITY'S SIGN CODE
5 RELATED TO FEATHER SIGNS; PROVIDING FOR THE REPEAL OF
6 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
7 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
12 law; and
13
14 WHEREAS, Chapter 94 of the City Code sets forth detailed regulations regarding signs;
15 and
16
17 WHEREAS, the City Council desires to expressly authorize feather flags as a permitted
18 type of sign under the terms and conditions stated herein in an attempt to strike an appropriate
19 balance within the City of Cape Canaveral between economic development and mitigating against
20 adverse impacts on community aesthetics caused by sign clutter, traffic hazards and other
21 potential public nuisances; and
22
23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
24 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
25 Cape Canaveral.
26
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
30 this reference as legislative findings and the intent and purpose of the City Council of the City of
31 Cape Canaveral.
32
33 Section 2. Amending Chapter 94 - Signs. The City of Cape Canaveral Code of
34 Ordinances, Chapter 94 — Signs is hereby amended as set forth below (underlined type indicates
35 additions and str-ikeeut type indicates deletions, while *** indicate deletions from this Ordinance
36 of said Chapter that shall remain unchanged in the City Code):
37
38
39
40 ARTICLE I. — IN GENERAL
41
CHAPTER 94 - SIGNS
City of Cape Canaveral
Ordinance No. 17-2022
Page 1 of 6
1 Sec. 94-1. - Definitions.
2
3 The following words, terms and phrases, when used in this chapter, shall have the meanings
4 ascribed to them in this section, except where the context clearly indicates a different meaning:
5
6
7 Banner sign means any sign having the characters, letters, illustrations or ornamentation
8 applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather
9 signs, flags and pennants (which do not comply with the definition of flag or pennant under this
10 chapter) but excluding government flags for the purposes of this chapter, designated to attract
11 attention.
12 ***
13 Feather Sign means a vertical portable sign made from tear -resistant polyester material or
14 a similar lightweight non -rigid material which does not rely on a building or fixed foundation for
15 its structural support and is typically supported with a base or stand on the ground and driven
16 into the ground for support, and can be easily carried or transported. This definition does not
17 include a banner sign.
18
19
20 Sec. 94-6. — Prohibited signs and features.
21
22 The following signs and features are strictly prohibited:
23 ***
24 (gg) Feather signs except as authorized by sections 94-76 and 94-86.
25
26
27
28
29 Sec. 94-76. Temporary on -premises signs.
***
***
***
30 (1) Temporary on -premise signs must comply with the temporary signage table below.
On -Premises Temporary Signage Table
Type and Use
Conditions
Temporary sign - in general
a, b, c, d, e, f, g, h, i, j
Temporary signage on gubernatorial, presidential, county, city, and
any state and federal primary Election Day and during the 30 days
prior to and five days after the Election Day
c, d, e, f, g, h, i, j, k
Banner Sign
e, g, h, I
City of Cape Canaveral
Ordinance No. 17-2022
Page 2 of 6
Bag Sign
a, e, m
Sandwich Board
e, g, h, i, j, n
Feather Flags
Per Sec. 94-86 only
1
2 (2) The following conditions shall apply to any temporary sign unless otherwise provided in the
3 temporary signage table set forth above:
4 a. The temporary signage shall: (i) not be posted more than 14 days prior to the
5 commencement of the scheduled event or occurrence, unless a sooner time period is
6 required by law, and (ii) be removed when the sign has fulfilled its purpose (e.g., the
7 scheduled event or occurrence has concluded).
8 b. One temporary sign is allowed for every 150 linear feet of property frontage, or
9 portion thereof unless additional signage is authorized and required by state or
10 federal law. Individual tenant spaces shall be permitted one temporary sign for each
11 tenant space or unit, regardless of property frontage.
12 c. On residential property, no temporary sign shall exceed six square feet.
13 d. On nonresidential property, no temporary sign shall exceed 32 square feet.
14 e. The temporary sign may be double-faced (back-to-back) and only one side of a
15 double-faced sign shall be counted for sign area calculations.
16 f. The maximum height shall be four feet on residential property, or eight feet on any
17 non-residential property.
18 g. Minimum setbacks for any part of the temporary sign structure shall be a minimum of
19 two feet from any right-of-way.
20 h. No part of any temporary sign shall be placed within the right-of-way or within the
21 visibility triangle or in any way which impedes pedestrian and/or vehicular traffic
22 safety. No part of any temporary sign shall be located so as to reduce any required
23 parking area. No part of any temporary sign shall be located in such a way that it
24 restricts a pedestrian way and/or sidewalk to less than 44 inches in width. Temporary
25 signs shall be removed and brought inside a building when there are storm warnings
26 so as not to become a hazard during a storm event
27 i. Shall be freestanding and shall not rely on any support that is not a part of the sign.
28 j. The temporary sign shall be constructed of sturdy material such as wood, hard plastic,
29 vinyl, hardboard or particle board of sufficient thickness so as to withstand the
30 weather elements commonly experienced within the city. Cardboard and paper -faced
City of Cape Canaveral
Ordinance No. 17-2022
Page 3 of 6
1 temporary signs are strictly prohibited unless they are safely fastened, in their entirety,
2 to a backing made of material set forth in this section.
3 k. With property owner's consent, during gubernatorial, primary, presidential, county and
4 city election years, temporary signs may be placed on Election Day and during the 30
5 days prior to and five days after the Election Day.
6 I. A maximum of one banner sign may be erected on nonresidential property not to
7 exceed 96 square feet, and on residential property not to exceed 12 square feet. A
8 banner sign may be erected for a maximum of 30 consecutive days on nonresidential
9 property and a maximum of 14 consecutive days on residential property one time
10 during any calendar year. A banner sign must be securely fastened in a manner to
11 withstand weather elements commonly experienced in the city.
12 m. Bag signs shall be allowed for 180 days when the copy area of an existing ground sign
13 has been damaged and is awaiting repair, when the business has vacated the property
14 or when the copy area is being replaced to accommodate a new or renamed business.
15 The administrator may grant an extension of time for good cause shown provided any
16 extension shall not exceed 180 calendar days.
17 n. Sandwich boards: One sandwich board is allowed for each business located in the C1,
18 C2 and M1 zoning districts. Sandwich boards must comply with the following
19 requirements:
20 (1) Shall not exceed five feet overall height.
21 (2) Shall not exceed 12 square feet in area.
22 (3) Shall not be displayed from dusk to daybreak.
23 (4) Shall be substantially secured or weighted to resist movement while on display.
24 (5) Shall not encroach into vehicular circulation areas or be located so as to reduce
25 parking areas.
26
27
28
29 ***
30 Sec. 94-86 Feather Signs.
31
32 Feather signs approved under this chapter must comply with the following requirements:
33 (1) May be erected for a maximum of 30 consecutive days on nonresidential property one
34 time during any calendar year upon issuance of a permit by the city.
35 (2) Shall be limited to one (1) feather sign for every 150 linear feet of property frontage, or
36 portion thereof unless additional signage is authorized and required by state or federal
37 law. Individual tenant spaces occupied by a separate and independent business located
City of Cape Canaveral
Ordinance No. 17-2022
Page 4 of 6
1 on a property shall be permitted one such feather sign for each business, regardless of the
2 linear feet of property frontage so that each business operating in separate space on the
3 property is afforded an equal opportunity to install one feather sign.
4 (3) Shall not exceed one sign area per mounting pole that is no greater than twelve (12) square
5 feet in area and shall not exceed eight (8) feet in height from grade.
6 (4) Shall only be displayed during the operational hours of the subject business or event, and
7 shall be removed and installed inside a building when the business or event is not in
8 operation.
9 (5) Shall be securely attached to a free standing and removable mounting pole designed to
10 specifically hold the feather sign and which is substantially secured to the ground and
11 weighted to resist movement while the feather sign is on display.
12 (6) Shall not encroach into vehicular circulation areas or be located so as to reduce parking
13 areas.
14 (7) Minimum setbacks for any part of the feather sign structure shall be a minimum of five ( )
15 feet from any right-of-way.
16 (8) Shall not be placed closer than twenty (20) feet to another feather sign or freestanding
17 monument sign.
18 (9) Shall not interfere with or obstruct the visibility of a traffic control device.
19 (10) Shall not be placed within the right-of-way or within the visibility triangle or in any way
20 which impedes pedestrian and/or vehicular traffic safety..
21 (11) Shall not restrict or obstruct a pedestrian way and/or sidewalk.
22 (12) Shall be removed and brought inside a building when there are storm warnings so as not
23 to become a hazard during a storm event.
24 (13) The use of consistent size and shape of a feather sign is required when more than one
25 sign is permitted on a particular property.
26 Secs. 94-876-94-95. Reserved.
27
28 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
29 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
30 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
31
32 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
33 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
34 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
35 and like errors may be corrected and additions, alterations, and omissions, not affecting the
36 construction or meaning of this ordinance and the City Code may be freely made.
37
38 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
39 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
40 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
41 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
City of Cape Canaveral
Ordinance No. 17-2022
Page 5 of 6
1 the validity of the remaining portions of this Ordinance.
2
3 Section 6. Effective Date. This Ordinance shall become effective immediately upon
4 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
5 Charter.
6
7
8 of October, 2022.
9
10
11 Wes Morrison, Mayor
12
13 ATTEST:
14
15
16
17 Mia Goforth; CMC
18 City Clerk
19
20
21
22
23
24
25
26
27 Planning & Zoning Board: August 3, 2022
28 First Reading: September 21, 2022
29 Advertisement: October 6, 2022
30 Second Reading: October 18, 2022
31
32 Approved as to legal form and sufficiency
33 for the City of Cape Canaveral only by:
34
35
36 Anthony A. Garganese, City Attorney
37
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day
Wes Morrison, Mayor
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
City of Cape Canaveral
Ordinance No. 17-2022
Page 6 of 6
For
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Second
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Motion
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Against
SEAL of Cape Canaveral, Florida