HomeMy WebLinkAboutOrdinance No. 05-2009ORDINANCE NO. 05 -2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW
CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES;
PROVIDING FOR THE PURPOSE AND SCOPE OF THE
CHAPTER, DEFINITIONS, THE REGULATION OF
TEMPORARY SIGNS, SIGN APPLICATION, PERMIT,
INSPECTION PROCEDURES, ZONING DISTRICT
RESTRICTIONS, SIZE, TYPE AND PLACEMENT
REQUIREMENTS; PROVIDING FOR ENFORCEMENT
REGULATIONS; PROVIDING A STATEMENT OF VIEW
POINT NEUTRAL INTENT RELATIVE TO MESSAGES
OIL SIGNS; PROVIDING FOR OTHER MISCELLANEOUS
AMENDMENTS; AMENDING APPENDIX B SCHEDULE
OF FEES RELATED TO SIGN PERMIT FEES; MAKING
CONFORMING AMENDMENTS TO THE CITY CODE;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND EFFECTIVE
DATE,
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, through the enactment of this ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral.
See Members of the City Council v. Taxpayers for Vincent, 465 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego, 45 3 U.S. 490 (198 1) - and
WHEREAS, the City Council finds that the regulation of signage within the City of
Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message,
and will further the City's legitimate and substantial government interest in minimizing sight
pollution and traffic and safety hazards to persons and property; and
WHEREAS, the City Council finds that the goals of this Ordinance are content neutral
and unrelated to the suppression of free expression; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Ass'n o Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglasville, Ca., 975 F. 2d 1505 (l I t Cir. 1992); and
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WHEREAS, on April 8, 2009, the City's Local Planning Agency held a duly advertised
public hearing on this Ordinance and recommended approval to the City Council; and
WHEREAS, the City C ouncil of the City of Cape Canaveral finds that this ordinance is
in the best interests of the public health, safety, and welfare of the residents and businesses of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section I. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section Z. Repeal of Current Chapter 94. The current Chapter 94 of the City of Cape
Canaveral Code of ordinances is hereby repealed in its entirety.
Section 3. New Chapter 94. A new Chapter 94 of the City of Cape Canaveral Code of
Ordinances is hereby adopted as follows:
CHAPTER 94, SIGNS
ARTICLE I. IN GENERAL
Sec. 944, Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accent lig hting means electric discharge tubing attached as an integral decorative or
architectural feature of the building and not connected or giving the appearance of any
connection to the overall signage of the project.
Air infl ated devices means attention getting devices that are inflated with lighter than air gas or
are supplied inflation from a blower or fan that, when energized, keep the device erect.
Animated or flashing sign means any sign which uses lights that flash or alternate or which
includes action, motion or illusion of motion, designed electronically, usually to give messages
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b means of sl progressive changes. This definition shall also include signs with rotating
panels, generally referred to as tri- vision signs.
Awnin g means an structure, fixed or capable of being raised or lowered, made of fire resistant
y
cloth wood, metal or plastic with or without a metal frame, which protrudes from a building
facade as a roof -like structure and is supported entirely by the building without the use of ground
supports.
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Bag sign means any temporary sign made of cloth or other materials designed to fit over an
existing sign or structure because the copy area is in the process of being changed or repaired
due to damage.
Balloon display is any balloon anchored on private property for the purpose of advertisement.
Banner sign means any sign having the characters, letters, illustrations or ornamentation applied
to cloth, paper or fabric including animated, rotating and or fluttering devices, flags and pennants
(which do not comply with the definition of flag or pennant under this chapter) but excluding
government flags for the purposes of this ordinance, designated to attract attention.
Bulletin Board means any permanent sign, not to exceed six (6) feet, attached to a building, and
generally located at a store entrance, for purposes such as posting notices, menus, and other
information, with removable letters, words, numerals, and copy material in a non - electronic
manner.
Canopy means any structure other than an awning, made of fire resistant cloth, wood, metal or
plastic with or without metal or wood frames, attached or detached and supported, in part, or
entirely, by the ground.
Code enforcement board means a board established in section 2 -256 et seq. to enforce this Code.
Community appearance hoard means a board established in section 22 -36 et. seq. of this Code.
Construction board of adjustment means a board established in section 82 -32 of this Code.
Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line,
enclosing the extreme limits of the sign, including all ornamental attachments, insignias,
symbols, logos, trademarks, interconnecting links and the like, and any stripe, frame or border.
Sign area does not include the main support structure of the sign unless used for sign display
purposes. The calculation for a double faced sign shall be the area of one face only. The
calculation for wall signs, if permitted hereunder, comprises individual letters, numbers, symbols
and the like, where the exterior wall of the building upon which it is affixed acts as the
background of the sign, shall be calculated within the smallest regular geometric figure needed to
encompass the sign display.
.Dilapidated sign shall mean a sign including its structure that is damaged, deteriorated, defaced,
abandoned, in a state of disrepair, or illegible.
.Digital Electronic sign. See Electronic messaging sign.
Discontinued sign shall mean any sign located on property which has been vacant and
unoccupied for a period of ninety (90) days or more; or any sign face which advertises a service
no longer conducted or product no longer sold upon the premises where the sign is located.
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Edge of pavement shall mean the hard surfaced (e.g. asphalt, concrete, macadam, marl, pavers,
etc.) edge of an existing street in the right -of -way excluding the curbing.
Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an
electrified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be
bent into various letters, designs and shapes.
Electronic messaging signs shall mean a sign on which the copy changes automatically by
electronic means.
Erect means to build, construct, raise, assemble, create, paint, draw, attach, hang, place, suspend,
affix, or in any other way bring into being or establish; but it does not include any of the
foregoing activities when performed as an incident to the customary maintenance or repair of a
sign.
Exempt signs means signs exempted from normal permit requirements.
Flag or pennant means the flying of individual national, state, county, city or flags of political
national origin attached to a free standing pole, mounted on the ground or to flags attached to the
facade of a structure, limited to five (5) in number, provided such flags shall not be used in such
a way to attract attention of the public for commercial purposes. Flags larger than three feet by
five feet shall be considered signs and shall be calculated as part of the maximum square footage
and maximum number of signs.
Frontage means that portion of a lot or parcel abutting a street right -of -way. For corner lots or
parcels abutting two (2) or more street right -of -way, frontage shall be measured only along the
dedicated street right --of -way facing the primary entrance of the principal building located on the
lot or parcel.
Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are
placed in or upon the ground. Ground signs include pole, pylon, and monument signs.
Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or canopy.
Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detriment
to traffic safety by reason of its size, location, movement, content, coloring, or method of
illumination, or which obstructs the visibility of any official traffic- control device or which
diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on
streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to
obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is
prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is
prohibited.
Marquee sign means a projecting sign attached to or hung from a marquee or such marquee shall
be known to mean a canopy or covered structure projecting from and supported by a building,
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when such canopy or covered structure extends beyond the building, building line or property
line.
Monument sign shall mean a ground sign which is free standing, supported solely by its own
ground- mounted base and which is not attached or fixed in any way to a building, fence or other
structure, provided that the ground mounted base is substantially equal to or greater than fifty
percent (50 %) the horizontal dimension of the sign face including any cabinet or any structure
within which the sign face is located and not greater than ten (10) feet in height. Two examples
of a monument sign are as follows:
COPY AREA COPY AREA
Noncombustible material means a material, which, in the form and thickness in which it is used,
meets any of the following:
(1) Materials which pass the test procedures for defining noncombustibility of
elementary materials set forth in ASTM E136; or
(2) Materials having a structural base of non - combustible materials as stated in
subsection (1) of this definition, with a surfacing not more than one - eighth inch
thick, which has aflame- spread rating not greater than 50 when tested in
accordance with the method of test for surface burning characteristics of building
materials set forth in ASTM E84.
Nonconforming sign means 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 sections and restrictions of this chapter or
any other applicable provision of the city code, or a nonconforming sign for which a special
permit has been issued.
Obscene sign is a sign deemed obscene under the Florida or United States Constitutions.
Off -site or off - premises sign means a sign identifying an activity which is not on the premises
where the sign is located or products or services which are not available on the premises where
the sign is located. Signs commonly referred to as billboards shall be considered off - premises
signs.
On -site or on premises sign means a sign (1) identifying an activity conducted or products or
services available on the premises where the sign is located, or (2) displaying a noncommercial
message or (3) any combination of the first two. For purposes of this definition, common areas
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within a duly organized homeowner or condominium association shall be considered on-
premises for each individual unit or lot within said association in recognition of any right the unit
or lot owner has to use said areas under Florida law and the association's covenants and rules.
Outdoor advertising display means any letter, figure, character, mark, plane, point, 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 such 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 matter whatsoever outdoors.
Owner means the person owning the fee simple title to the property upon which a permit is
required.
Parapet sign shall mean a wall sign erected flush on a parapet extension of a building.
Permittee means the person in possession or having the beneficial use of property upon which a
sign is located for which a permit is required.
Pole signs are signs that are supported by one or more exposed vertical supports. Two examples
of a pole sign are:
Portable signs means signs that may be hauled or towed from one location to another, are self
supporting, are designed to be temporarily placed without a permanent base or fastening.
Projecting sign means a sign which is affixed perpendicular to any building wall and extends
beyond the building wall by more than eighteen (18) inches.
Pylon Signs are signs that are supported by one or more vertical supports which are encased within a
single decorative cover. One (1) example of a pylon sign is:
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Roof sign means any sign erected upon, against or directly above a roof or on top of or above the
parapet of a building.
Sandwich board shall mean a free standing, one or two sided sign, in the shape of an inverted
" V, " and set upon the ground.
Shopping center or multi- tenant center means a building with two or more businesses.
Sign means any surface, fabric, device or display, whether illuminated or non - illuminated,
designed to identify, announce, direct or inform, and that is placed out -of -doors in view of the
general public. For purposes of this Chapter, the term "sign" includes all structural members.
Snipe sign means 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.
Street right -of -way means property, which is committed for use as a public access route.
Temporary signs means a sign displayed before, during or after an event or occurrence scheduled
at a specific time and place or which is not designed or intended to be placed permanently
inclusive for example, for rent signs, for sale signs, construction signs, real estate signs,
management signs, social or special event signs.
Tenant space means that portion of a building separated by walls or partitions that extend from
the floor to the ceiling or roof deck without interconnecting openings.
Vehicular sign means any sign applied to, affixed to, or placed upon a vehicle in such a manner
as to be visible to the public.
Visibility triangle means a three dimensional
intersection streets (measured from intersecting
straight line drawn between those lines at a
intersection.
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triangular space bounded on two sides by
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Wall sign means a sign that is affixed to the wall of any building, when such sign shall project
not more than eighteen (18) inches from the building. Wall signs may not extend above the
roofline or facade. Wall signs include parapet signs and projecting signs.
Wall Mural means a painting or an artistic work composed of an arrangement of color and that
displays a commercial or noncommercial message, relies solely on the side of the building for
rigid structural support, and is painted on the building. The term excludes a painting or work
placed on a structure that is erected solely for the sole or primary purpose of signage.
Window sign means illuminated and non - illuminated signs placed in the interior or exterior
windows of a structure, and which can be viewed from the outside of the structure.
Sec. 94 -2. Purpose and scope.
(a) The purpose of this chapter is to regulate the number, size, type, use, design, construction
and location of signs within the City. These regulations are established in order to promote the
overall economic well -being of the City, while at the same time providing for the health, safety
and welfare of the public by reducing the adverse effects of signs on safety, property values,
traffic, and the enjoyment of the scenic beauty of the City. These regulations are intended to
avoid excessive competition and clutter among sign displays in the demand for public attention,
eliminate dangerous, dilapidated and unsightly signs and provide for adequate maintenance and
inspection of signs within the corporate limits of the City, consistent with constitutional
guarantees and while providing for adequate opportunities for effective means of
communication.
(b) For purposes of this chapter, any lawful sign may display a noncommercial message in
addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be
on- premises. Nothing in this chapter shall be construed to regulate the content of the message
displayed on any sign.
See. 94 -3. Administrator.
The "administrator" shall be the building official unless otherwise directed by the city manager
in writing. The administrator shall also include any authorized designee of the administrator
who is charged with implementing the provisions of this chapter. If the administrator is not the
building official, the building official shall be charged with interpreting applicable building
codes and advising the administrator relative to building code issues under this chapter.
Sec. 94 -4. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
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(1) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or
other types of equipment provided such decals are affixed with the consent of the equipment
owner;
(2) Signs wholly within a building or enclosed space, excluding window signs which are more
specifically regulated under this chapter;
(3) One sign or tablet per building, of four square feet or less when cut into any masonry
surface or when constructed of bronze or other incombustible materials and attached to the
surface of the building;
(4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited to
one per business entrance;
(5) Traffic control devices installed in accordance with applicable provisions of the City Code
and the Traffic Control Manual published by the Florida Department of Transportation;
(6) window signs that do not exceed 25 percent of the total window glass area for each side of
the building or unit thereof and are placed in the upper or lower half of the window glass area.
In addition, the total square footage of the window signs located above ten (10) feet from grade,
when added to the total existing signage for the building or unit thereof, does not cause the total
signage copy area for the building or unit thereof to exceed the maximum total signage copy area
allowed for the particular building or unit thereof. Further, all sales transaction areas, as well as
any other areas that may be deemed as necessary for viewing for safety purposes by a law
enforcement agency, shall not be obstructed from view from the outside of the building by a
window sign; and
(7) Temporary signs on residential property that do not exceed six (6) square feet and on non-
residential property that do not exceed twelve (12) square feet, provided the signs meet the
requirements of this chapter. Temporary signs on non - residential property that exceed twelve
(12) feet, but are less than thirty -two (32) square feet, may be authorized by permit under this
chapter.
(S) For 911 and emergency response purposes, signage identifying the address of the
property, which shall be located in a place that is clearly visible from the right -of -way.
(9) Signs held by humans.
(10) Subject to the criteria established in Section 94 -61, temporary, permanent, and portable
government monuments, markers, and signs located on public property.
(11) Home occupation signs pursuant to section 94 -83.
Sec. 94-5. Penalty for violation.
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(a) Any person who knowingly violates or fails to comply with any of the sections of this
chapter or any erector, owner or user of an unlawful sign or any owner of the property on which
an unlawful sign is located, shall, upon conviction, be punished as provided in section 1--15 .
(b) In addition to the criminal penalties provided in this section, any violation of this chapter
shall be subject to enforcement by section 2 -256 et seq., according to the procedures legally
established for such board and subject to the penalties provided by F.S. ch. 162.
Sec. 94 -6. Prohibited Signs and features.
The following signs and features are strictly prohibited:
(a) signs on utility pales and trees. Signs, regardless of whether exempt from permit
requirements, are prohibited on public utility poles or trees, except government banner signs may
be permitted on brackets installed on utility poles if authorized by the utility company.
(b) Obstruction of free ingress or egress; Standpipes /fire escapes. No sign shall be erected,
relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape.
No sign of any kind shall be attached to a standpipe or fire escape, unless the sign is incidental to
the function of the fire escape or standpipe.
(c) Signs on right -of -way. Signs on right -of -way that do not constitute a bona fide traffic
control device installed for the safety of pedestrians and vehicles, or do not serve a governmental
function.
(d) 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, except a sandwich board is
permitted on commercial property provided it is only displayed outside during normal business
hours of the business that is displaying the sandwich board.
(e) Merchandise displays on rights of way. Permanent, temporary, portable or movable
signs or displays of merchandise located on any street, sidewalk, alley, or right -of- -way are
prohibited
(fl Off - premise signs, except temporary off - premise signs that are expressly authorized by this
chapter.
(g) Wall Mural. A wall mural is strictly prohibited on the exterior of any building within the
city unless the wall mural is approved under the community appearance review standards set
forth in sections 22 -36 et. seq.
(h) Window signs. Window signs that do not comply with sec. 94 -4.
(i) Ground signs with exposed metal supports including poles.
(j) Air inflated devices.
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(k) Marquee signs.
(1) Roof signs.
(m) Projecting signs, unless they comply with the provisions of section 94 -79.
(n) Temporary signs, unless specifically authorized under this Chapter.
(o) Flags and pennants that are not governmental in origin.
(p) Signs that emit an audible sound, odor, or visible matter such as smoke or steam.
(q) Signs that are made with or printed on any vegetation, curbstone, flagstone, pavement, or
any portion of the sidewalk or street except house numbers and traffic control signs.
(r) Balloon display.
(s) Discontinued signs.
(t) Animated signs or signs of a flashing, running or revolving nature.
(u) Snipe signs.
(v) Obscene signs.
(w) Hazardous Signs.
(x) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the
right -of -way or adjacent property.
(y) Signs located or erected on a parked motor vehicle which are intended primarily for
display purposes and not regularly used for transportation purposes and which are visible from
the right -of -way or adjacent property.
(z) Dilapidated signs.
(aa) Pole signs.
(bb) Any other sign, feature, or outdoor advertising display that does not comply with the
provisions of this chapter.
Sec. 94 -7. Conformance.
All signs or other outdoor advertising displays erected within the city limits shall conform to this
chapter.
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Sec. 94 -8. Identification.
Every sign or outdoor advertising display erected, constructed or maintained, for which a permit
is required, shall be plainly marked with the name of the person erecting and maintaining such
sign and shall have affixed on the front thereof the permit number issued for the sign by the
administrator.
Sec. 94 -9. wind pressure and dead load.
All signs and other outdoor advertising displays shall be designed and constructed to withstand a
wind velocity as set forth in the building code adopted in section 82 -31 and shall be constructed
to receive dead loads as required by the building code or other codes of the city, except
temporary signs authorized by this chapter.
Sec. 94 -11. Maintenance, notice to repair.
(a) All signs shall be erected, placed and maintained in a state of good and safe
repair. Damaged signs shall be removed, repaired, or replaced. If a sign is
painted, in whole or in part, the sign shall be kept well- painted. Such sign shall be
repainted whenever the paint is peeled, blistered, or faded.
(b) All signs shall be constructed and maintained in accordance with the provisions
and requirements of the City's Building Codes, Electrical Codes, and other
applicable codes.
(c) All copy area shall be maintained so as to be legible and complete.
(d) All signs shall be maintained in a vertical position unless originally permitted
otherwise, and in good and safe condition.
(e) Damaged faces or structural members shall be promptly removed, repaired or
replaced.
(� Electrical systems, fasteners, and the sign and structure as a whole shall be
maintained at all times in a safe condition.
ARTICLE II. PERMITS AND INSPECTIONS
Sec. 94 -31. Permit required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to erect,
construct, enlarge, move, or make structural alterations to any sign within the city or cause such
to be done without first obtaining a sign permit for each such sign from the administrator. This
shall not be construed to require any permit for a change of copy on a sign so long as the sign or
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sign structure is not modified in any way. Any sign which is not specifically allowed by this
chapter is prohibited.
(b) An electrical permit shall be required for any sign containing electrical components to be
connected to an electrical energy source.
(c) No new permit is required for a sign which has a permit and which conforms with the
provisions set forth in 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.
Sec. 94 -32. Application for permit; review time limits.
(a) Application for a permit required under this chapter shall be made upon forms
provided b the building department and shall contain or have attached the information required
p Y .
on the form. At a minimum, the application shall contain the following information and
documents:
(1) The name, address and telephone number of the property owner and applicant if
different than owner.
( 2) The name, address, telephone number and state license number of the sign
contractor /manufacturer and if applicable, the same information for the engineer and architect.
(3) The street address, legal description and tax identification number of property upon
which proposed sign is to be located.
(4) The zoning and future land use designation of the property on which the sign is to
be located.
(5) yp The type of sign, square footage, height and location of all signs currently located on
the premises.
(6) yp The type of sign, square footage, design, sign area, height, location and fully
dimensioned elevation drawings of the sign or sign proposed to be erected on the premises. If
the sign will be electrically lighted, a copy of the electrical plans and specifications for the sign
shall be p rovided. In addition, the name and address of the electrical contractor shall accompany
the appropriate electrical permit application.
(7) Written. permission of the property owner to erect the proposed sign if the applicant is
not the property owner.
(8) Y A full dimensioned site plan showing the lot frontage, building frontage or business,
establishment gr signs p ant frontage, parking areas and location of all existing and proposed signs.
. or occupant
For ground si s and temporary signs which are subject to permitting, the site plan shall show
the distance from the right-of-way and property lines, and street corner visibility calculations.
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(9) For temporary signs subject to permitting under this chapter, the applicant shall
provide the name, date and time associated with the event or activity and a time frame for the
temporary sign to come down.
sign.
(l0) The type of construction, materials, sign supports, electrical details for the proposed
(11) Wind load calculations and footer details for the proposed sign as required by the
City's adopted building code.
(b) The administrator shall grant or deny the sign permit application within forty -five
(45) calendar days from the date that a completed application and permit fee was filed with the
City, unless aesthetic review of the proposed sign is required under sections 22 -36 et seq., City
Code, then sixty (60) calendar days. For purposes of calculating the time period, the day of
receipt shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday,
the decision shall be made on the next regular business day. Notwithstanding any contrary sign
application requirements contained in this section, any person may request that a sign or signs be
approved as part of an overall proposed development plan for a particular land development
project. In such cases, the person will be required to submit the plans and specifications of the
sign(s) with the plans and specifications for the proposed land development project. The
proposed sign(s) will be reviewed and approved in conjunction with the site plan review,
aesthetic review, and building permit review. In addition, in cases in which the applicant has
requested a variance, waiver, or other zoning approval in conjunction with the sign application,
the decision time period shall be suspended while the applicant seeks such zoning approval. In
the event that no decision is made within forty -five days following the filing of a completed
application, the application shall be deemed denied and the applicant may then appeal the
decision to the construction board of adjustment.
Sec. 94 -33. Issuance of permit.
(a) Upon the receipt of a completed building permit application and upon payment of the
appropriate building permit fee by the applicant, the administrator shall promptly conduct an
investigation of the application, the proposed sign and the premises. In addition, if required
under sections 22 -36 et seq., City Code, the administrator shall forward the application to the
community appearance board for review and consideration.
(b) If, after review and investigation as required herein, the administrator determines that the
application meets the requirements contained in this chapter and determines the proposed sign
will not violate aAy building, electrical, and aesthetic or other adopted codes of the city, the
administrator shall issue the permit or issue the permit with conditions (which means legal
conditions existing in the city code). If the work authorized by the permit has not been completed
within six (6) months after the date of issuance, the permit shall become null and void, unless the
administrator grants an extension of time, not to exceed three (3) months, for good cause shown.
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(c) If, after review and investigation as required herein, the administrator determines that one or
more reasons for denial exist, the permit shall be denied and the administrator shall make a
written report of the denial and the reasons therefore. A copy of the report shall be sent by
certified mail to the designated return address of the applicant on the application. The application
for a permit shall be denied if one or more of the following conditions are found to exist:
(1) The application does not comply with the requirements of this chapter; or
(2) The application would violate any building, electrical, aesthetic or other adopted
codes of the city.
(d) Any person denied a building permit for signs may file as a matter of right a written
notice of appeal to the construction board of adjustment within ten calendar days after rendition
of the denial pursuant to the provisions of section 94 -33; except, however, issues decided by the
community appearance board or the city council pursuant to sections 22 -36 et seq, City Code, or
in conjunction with a site plan application, shall not be appealed to the construction board of
adjustment and shall be appealed under the applicable provisions set forth in sections 22 -36 et
seq and the site plan review procedures. The construction board of adjustment shall hold a
hearing and decide the appeal within 30 calendar days from the date the notice is received by the
construction board of adjustment. The appellant shall be afforded minimum due process
including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in
person and through counsel, to present evidence, and to cross - examine witnesses. The decision
of the construction board of adjustment shall be final. No further exhaustion of administrative
remedies shall be necessary for judicial review of the administrative action. Any person
aggrieved by a final decision of the construction board of adjustment may immediately appeal
the decision as a matter of right by filing an appropriate pleading with a court of competent
jurisdiction. A prompt review and decision shall be rendered by the court. The record of the
hearing shall consist of the complete record of the proceedings before the construction board of
adjustment.
Sec. 94 -34. Revocation of permit.
The administrator is authorized and empowered to revoke any permit issued under this chapter
for failure of the permittee to comply with any of the sections of this chapter. Such revocation
shall be in writing and shall show cause for the revocation notice. Within seven days after the
mailing of notice, the permit holder may request, in writing to the city manager, a hearing before
the construction board of adjustment to show cause why the permit should not be revoked. The
construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar
days from the date the notice is received by the city manager. The permittee shall be afforded
minimum due process including, but not limited to, the right to notice of the hearing, a fair
opportunity to be heard in person and through counsel, to present evidence, and to cross - examine
witnesses. The decision of the construction board of adjustment shall be final. No further
exhaustion of administrative remedies shall be necessary for judicial review of the revocation
decision. Any person aggrieved by a final decision of the construction board of adjustment may
immediately appeal the decision as a matter of right by filing an appropriate pleading with a
court of competent jurisdiction. A prompt review and decision shall be rendered by the court.
City of Cape Canaveral
Ordinance 05 -2009
Page 15 of 29
The record of the hearing shall consist of the complete record of the proceedings before the
construction board of adjustment.
Sec. 94-35. Fees.
Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of any
costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and
shall include fees for the following:
(1) In addition, fees for signs are calculated by using contract amount consistent with
the city's schedule of fees;
(2) Re- inspection; and
(3) If any person commences any work before obtaining the necessary permit, all fees
shall be doubled.
(4) As an incentive to eliminate nonconforming signs, the City Manager shall be
authorized to waive sign permitting fees for any sign application that is filed for purposes
of eliminating or modifying a nonconforming sign and making it in full compliance with
the provisions of this chapter.
Sec. 94 -36. Inspection by administrator.
The administrator is empowered to enter or inspect any building, structure or premises in the city
upon which or in connection with which a sign is located, for the purpose of inspection of the
sign, its structural details and electrical connections and to ensure compliance with this chapter.
Such inspections shall be carried out during business hours, unless an emergency exists.
Sec. 94 -37. Notice for 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 requires inspection and approval by the
administrator. Authority for and time of such inspections shall be as follows:
(1) A footing inspection for all detached signs shall be required;
(2) A final structural inspection shall be required at completion of the work on
all Hypes of signs; and
(3) A final electrical inspection shall be required on all signs containing
electrical components and wiring to be connected to an electrical energy source.
(4) Other inspections as required by the adopted building code.
Secs. 94- 38-- 94 -60. Reserved.
City of Cape Canaveral
Ordinance 05 -2009
Page 16 of 29
ARTICLE III. SIZE, LOCATION AND CONSTRUCTION
DIVISION 1. GENERALLY
Sec. 94 -61. Restrictions on placement.
(a) No sign or banner shall be suspended across any public street, avenue or alley, unless
approved by the city council in situations when the street, avenue, or alley will be closed to
vehicular traffic at the location of the sign or banner or the city council has determined that the
sign or banner will not constitute a hazardous sign or banner under the definition set forth in
section 94--1 and the provisions set forth in section 94 -62.
(b) No sign shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any
trees, light standards, utility poles, hydrants, benches, bridges or any structures, other than
awnings, within the property lines of any street, avenue or alley within the limits of the city.
(c) No sign shall be attached to any private wall, window, door, gate, fence or to any other
private structure, without the written permission of the owner or lessee and without compliance
with the provisions of this chapter.
Sec. 94 -62. Abandoned 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 days of the service of notice from the administrator, 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 consecutive months prior to the date of the notice from the
administrator. If the order to remove is not complied with, the administrator may remove the
sign, and an assessment lien, on parity with real estate taxes, may be filed against the property
for the expense incurred in removal of the sign.
(b) Hazardous signs. The administrator 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 the administrator may
require the removal of any sign which is not properly maintained 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 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 48 hours from the time of notice by the administrator requesting the removal of such sign,
unless within that time, the permittee or owner shall have filed with the administrator notice of
his or her intention to appeal his decision to the code enforcement board, or the administrator has
determined that exigent circumstances exist that require the immediate removal of the sign in
order to abate the public hazard. Any such sign displayed more than 48 hours after notice to
remove the sign may be removed by the city at the expense of the permittee or owner, unless the
matter is pending an appeal to the code enforcement board or unless the decision of the
administrator has been reversed by the code enforcement board.
City of Cape Canaveral
Ordinance 45 -2049
Page 17 of 29
(c) Signs constituting 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; at any location where, because 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 commonly used on traffic control signs or signals. Visibility at
intersections shall be in accordance with the figure 94 -1.
Sec. 94 -63. Lighting.
( a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground
signs, and wall signs. However, the reflectors shall be provided with proper lenses concentrating
the illumination upon the area of the sign so as to prevent the glare upon the street or adjacent
property.
(b) Electrical signs shall comply with applicable Electric Codes.
Sec. 94 -64. Criteria and standards for measurement and placement.
( a) Area. The permitted area of ground signs in all zoning districts, and unless otherwise
specified in this chapter, is dependent on street frontage of the property on the basis of one
square foot of sign area for each lineal foot of property frontage up to the maximum specified in each zoning district. Wall signs shall be computed on the basis of one square foot of sign area for
each lineal foot of building or tenant space frontage up to the maximum allowed in each zoning
section. For the purpose of determining area, the total area of a sign is that within the smallest
p arallelogram, 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.
( Combinations o f 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 signs may
be laced at an angle on a corner at no increase in size over that of a single sign. The sum or the
P
area of the faces visible from any one point shall not exceed that allowed for a single sign.
( c) Corner lots. where two ground signs are used on a corner lot, the area of both signs may
not exceed the area allowed for frontage as provided in subsection (a) of this section.
( d) Dis ermit number. The sign permit number for all signs requiring a permit shall be
Di o f
prominently displayed p Y p yed by the owner or user of the sign on the property where the sign is located.
( e) Height, setback and location measurements. Measurements for setback and location for all
sip in all allowable districts shall be made from that portion of the sign nearest that point of
g r ound reference to which the measurement is to be made, but in no event shall a sign of any
kind ct over '
ro public property or public rights -of -way, whether affixed to a building or
p �
otherwise. The height of signs shall be measured from grade level at the closest edge of the street
paving avin and shall include all decorative portions of the sign. All setback measurements shall be
City of Cape Canaveral
Ordinance 05 -2009
Page 18 of 29
made from the property lines as a point of reference to the projecting edge or corner of the sign,
unless otherwise specified.
(fl Ground signs. Ground signs shall be set back a minimum of six feet from the property line.
No ground sign shall be placed within the visibility triangle (refer to figure in section 94 -1).
(g) Size limit. No ground sign shall be supported so that the uppermost edge is more than
twenty (20) feet above the grade level from edge of street pavement. This subsection shall not
apply to any sign on the face of the building. Any sign that is not attached to a building shall not
exceed one hundred fifty (150) square feet on its largest front.
Sec. 94 -65 Aesthetic Requirements of Signs.
The city council may adopt, by resolution or ordinance, general aesthetic requirements which
pertain specifically to signs and wall murals permitted by this chapter. Said requirements may
include form based regulations (e.g. signage size, materials, illumination, placement,
landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable
and unacceptable signage consistent with the requirements of this chapter. Upon adoption, said
requirements shall be deemed fully incorporated into this chapter and shall have the force of law.
Secs. 94- 66-- 94 -75. Reserved.
DIVISION 2. TYPES OF SIGNS
See. 94 -76. Temporary on- premises signs.
(a) Temporary on- premises signs shall be permitted under the following conditions:
(1) Provided the temporary sign satisfies all the requirements of this section, no
permit shall be required under section 94 -31.
(2) Temporary signs shall be free standing signs.
(3) Temporary signs shall be removed within three (3) days after the date upon which
the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded).
(4) On residential property, no one temporary sign shall exceed six (6) square feet
and the total number of temporary signs installed on any one residential property shall not
exceed three (3). However, during gubernatorial, presidential, and City election years,
the three (3) sign limitation shall not apply on election day and during the thirty (30) days
prior to and five (5) days after the election day.
(5) On non - residential property, no one temporary sign shall exceed thirty -two (32)
square feet and the total area of temporary signage installed on any non - residential
property shall not exceed ninety -six (96) square feet, except more than ninety -six (96)
square feet of signage may be installed as provided in this section. However, during
City of Cape Canaveral
Ordinance 05 -2009
Page 19 of 29
gubernatorial, presidential, and City election years, the ninety -six (96) square foot
limitation shall not apply on election day and during the thirty (30) days prior to and five
(5) days after the election day.
(6) Temporary signs may be double faced (back -to -back) and only one side of a
double faced sign shall be counted for sign area calculations.
(7) The maximum height of any temporary sign shall be four (4) feet on residential
property, or eight (8) feet on any non - residential property.
(8) Minimum setbacks for any part of the temporary sign structure shall be a
minimum of two (2) feet from any right -of -way.
(9) No temporary sign shall be placed within the right -of -way. No temporary sign
shall be placed within the visibility triangle.
(10) The temporary sign shall be constructed of sturdy material such as wood, hard
plastic, vinyl, masonite or particle board of sufficient thickness so as to withstand the
weather elements commonly experienced within the City. Cardboard and paper faced
temporary signs are strictly prohibited unless they are safely fastened, in its entirety, to a
backing made of material set forth in this section.
(11) If the temporary sign is promoting products or services available on the premises,
the sign may only be displayed during the normal business hours of the business located
on the premises.
(b) In addition to the general requirements in subsection (a), the following requirements
shall apply to the specific types of signs listed below:
(1) Areas under development, such as shopping centers, apartments, condominiums
and subdivisions, shall be permitted one (1) sign not to exceed a sign area of sixteen (16)
square feet on residential property and thirty -two (32) square feet on nonresidential
property after a building permit is issued or site plan has been approved. In addition,
each subcontractor shall be allowed one (1) sign not to exceed a sign area of nine (9)
square feet and four (4) feet in height. Signs allowed hereunder shall be permitted for
one (1) year or until the building permits for the area under development have expired or
been revoked or the applicable site plan approval has expired. If the project is not
completed within one (1) year, the city manager may grant an appropriate extension(s)
not to exceed the removal date set forth under this subsection (1). All signs must be
removed from the property within seven (7) days of the date on which the project is
completed, suspended, or abandoned for at least three months. The primary contractor's
licensing information shall be legibly displayed on at least one of the signs located on the
area under development.
(2) A maximum of one (1) on- premises banner sign may be erected on nonresidential
property not to exceed ninety -six (96) square feet, and on residential property not to
City of Cape Canaveral
Ordinance 05-2009
Page 20 of 29
exceed twelve (12) square feet. A banner sign may be erected for a maximum of thirty
(30) days on nonresidential property and a maximum of fourteen (14) days on residential
property during any calendar year. A banner sign is exempt from the freestanding
requirement set forth in subsection (a) (2) above and the size restriction set forth in
subsection (a) (4) and (5) above, provided it is securely fastened in a manner to withstand
weather elements commonly experienced in the City.
(c) Bag signs shall be temporarily permitted for one hundred eighty (180) calendar day
period of time in cases when the copy area of an existing sign has been damaged and is awaiting
repair and when the copy area is being replaced to accommodate a new or renamed business.
The administrator may grant an extension of time for good cause shown provided any extension
shall not exceed one hundred eighty (180) calendar days.
Sec. 94 -77. Emergency Response System.
For 911 and emergency response purposes, the primary address of the building shall be
displayed on the property and shall be visible from the public or private street. For commercial
and industrial buildings, the address or range of addresses shall be incorporated into the signage
perrnitted for the property with numeral slletters a minimum of six (5) inches in height in
contrasting colors, but the address shall not be counted against allowable copy area. In addition
to the address being posted on a single family residential mailbox or single family dwelling, a
sign not to exceed three (3) square feet may be posted on the dwelling at the main entrance or in
the yard, provided the sign is visible from the public or private street. The address shall not be
counted against allowable copy area. The display shall be posted in a manner that is consistent
with the fire and life safety industry standards for posting such emergency response displays.
Sec, 94 -78. Electronic Signs.
Electronic signs may be approved under this chapter provided the proposed electronic sign
satisfies the following requirements:
(a) A maximum of one electronic sign may be incorporated into a monument sign and shall
not be part of any other kind of sign including, but not limited to, a pole or pylon sign. The
electronic sign must be in compliance with all applicable provisions of this chapter. However, if
the property can not accommodate a monument sign due to physical size, building, and set back
constraints of the property, an electronic sign may be incorporated into a pylon sign. Further, an
electronic sign shall not be a stand alone sign.
(b) The electronic sign shall not be installed higher than ten (10) feet from grade level, unless
incorporated in a pylon sign authorized by this chapter.
(c) The size of the electronic sign shall be limited to a maximum size equal to thirty -two (32)
square feet. The maximum area of the sign shall not exceed one hundred twenty (120) square
feet. The electronic sign shall be fully incorporated within the outer perimeter of the sign.
City of Cape Canaveral
Ordinance 05 -2009
Page 21 of 29
Further, the size of the electronic sign shall be included in the calculation for the total signage
allowed for the property and the overall size limitation for a particular sign.
(d) The electronic sign shall be limited to display of static alphanumeric characters only.
Non - static graphic displays of non alphanumeric characters (such as simulations of fireworks,
bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be prohibited.
(e) The display time for each message containing alphanumeric characters shall be a
minimum time period of seven (7) consecutive seconds per display, and the message shall
change instantaneously.
(f) Notwithstanding any contrary provision in this section, an existing pylon or pole sign
which exceeds fifteen (15) feet in height maybe modified to incorporate an electronic sign under
the following conditions:
(1) The pole or pylon sign shall be reduced in height to fifteen (15) feet or lower.
(2) A pole sign shall be modified to a pylon sign.
(3) The maximum area of the sign shall not exceed one hundred twenty (120) square
feet, and the size of the electronic sign shall be limited to a maximum size equal to thirty -two
(32) square feet.
(4) The modified sign must be in compliance with all other applicable provisions of this
chapter.
(g) The electronic sign shall be set to a specific brightness level and shall electronically
respond to changing light conditions (e.g., change from day to night or to darkness related to
weather). Written certification shall be provided with the sign permit application from the sign
manufacturer that the sign has been pre -set to not to exceed the following light level standard as
measured in Nits, as follows:
(1) Maximum daytime level at 6,000 Nits.
(2) Maximum nighttime level at 500 Nits.
Further, the pre -set light level shall be protected from end user manipulations by password
protected software or other acceptable methods.
(h) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a
maximum light le -vel of 500 Nits, or the sign shall be made inactive until the sign is repaired.
Sec. 94 -79. Projecting Signs.
A projecting sign shall be permitted provided the following minimum standards are satisfied:
City of Cape Canaveral
Ordinance 05 -2009
Page 22 of 29
(a) It shall not be larger than six (6) feet in its greatest dimension.
(b) It shall not encroach into a required building setback by more than three (3) feet.
(c) The lowest portion of the sign shall be at least seven and one -half (7 1/2) feet above
grade.
(d) It shall not project into a vehicular pathway.
(e) It shall not extend above the eave or parapet line of the building wall on which it is
affixed.
Sec. 94 -80. off - Premise Signs.
No off - premise sign shall be erected in the city, except temporary off-premise signs may be
permitted in accordance with section 94 -81. Any off - premise sign erected in violation of this
section shall be removed within forty -eight (4$) hours of notice to the sign owner and property
owner. However, temporary off - premise signs erected in violation of this section shall be
removed immediately. If the sign owner or property owner fails to remove the sign, the city
shall do so at the sign owner's or property owner's expense. The city shall also have the right to
impose an assessment lien, on parity with real estate taxes, on the property for any removal
expenses incurred by the city to remove the unlawful off - premise sign.
Sec. 94 -81. Temporary off -- Premise Signs.
(a) Temporary off-premise signs maybe erected upon issuance of a permit by the administrator,
provided the temporary off - premise sign(s) meets the following conditions:
(1) The activity or place so displayed or promoted on the sign will occur or be located within the
jurisdictional boundaries of the City.
(2) The property owner on which the sign will be erected has consented to the placement of the
sign.
(3) The size, height, and placement of the sign shall comply with the requirements set forth in
section 94 -76 for temporary on- premise signs.
(4) No sign shall'be erected on or within any right -of -way or within the visibility triangle.
(b) Any permit issued under this section shall have a maximum duration of fifteen (15) calendar
days. Further, a maximum of one permit shall be issued per activity or event being displayed on
the sign. In addition, there shall be a four (4) permit limitation per calendar year for any
particular location within the jurisdictional boundaries of the City.
City of Cape Canaveral
Ordinance 05 -2009
Page 23 of 29
Sec. 94 -82. Awnings and canopies.
(a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as the
valance or fringe and shall be calculated as a portion of any allowable wall sign.
(b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall
sign.
(c) Address numbers on canopies and awnings shall not be considered as a portion of the
allowable wall signage area.
Sec. 94 -83. Home occupation signs.
A home occupation sign that is nonilluminated and does not exceed two square feet in area
concerned shall be allowed per district requirements if it is affixed flat against the exterior
surface at a position not more than two feet distant from the main entrance of the dwelling unit.
There shall be no more than one of these signs per unit.
Secs. 94 -84 Ground Signs.
Ground signs shall be required to meet the criteria and standards set forth in section 94 -54 and
other applicable provisions of the City Code.
Sec. 94 -85 Variances.
(a) The administrator may grant, upon request by the property owner, a variance to any set back
requirements set forth in this chapter, provided the administrative variance does not cause a
safety hazard to persons or property, cause a violation of other applicable provisions of the City
Code, and exceed ten percent (10 %) of the applicable set back.
(b) A variance may be granted for any height, location, or size requirement under this chapter
pursuant to the variance procedures set forth in chapter 110, article II, of the City Code.
Sec. 94 -85 - 94 -95. Reserved.
DIVISION 3. DISTRICT REGULATIONS
Sec. 94 -96. R -1 low density residential district.
(a) Signs are permitted in the R -1 low density residential district as listed in table 94 -96 -1.
(b) Any sign not specifically permitted in the R -1 district is prohibited.
City of Cape Canaveral
Ordinance 05 -2009
Page 24 of 29
Sec. 94 -97. R -2 medium density residential district.
(a) Signs are permitted in the R-2 low density residential district as listed in table 94 -96 -1.
(b) Any sign not specifically permitted in the R -2 district is prohibited.
Sec. 94 -98. R -3 medium density residential district.
(a) Signs are permitted in the R -3 low density residential district as listed in table 94 -96 -1.
(b) Any sign not specifically permitted in the R -3 district is prohibited.
Sec. 94 -99. C -1 pow density commercial district, C -2 commercial/manufacturing district
and M -1 light industrial and research and development district.
(a) Signs are permitted in the C -1
commercial /manufacturing district and the M -1
district as listed in table 94 -96 -1.
low density commercial district, C -2
light industrial and research and development
(b) Any sign not specifically permitted in the C -1, C -2 and M -1 districts is prohibited.
Sec. 94 -100. Shopping center or multi- tenant center in any district.
(a) Signs are permitted for shopping centers or multi- tenant centers in any district as listed in
table 94 -96 -1.
Table 94 -96 -1 District Restrictions
TABLE INSET:
City of Cape Canaveral
Ordinance 05 -2009
Page 25 of 29
Type of Sign
R -1
R -2
R -3
C -1, C -2 & M -1
Temporary
nn- premises
Sin
Per Section
94 -76
Per Section
94 -76
Per
Section
94 -76
Per Section 94-
76
Temporary
Off- Premises
5i n
Per
Section 94-
81
Per
Section 94-
81
Per
Section
94 -81
Per
Section 94 -81
Max. area
6 s.f.
6 s.f.
6 s.f.
32 s.f.
Max. height
4'
4'
4'
$'
Areas under
development
a. General
Max. no.
1
1
1
1
Max. area
16 s.f.
16 s.f.
16 s.f.
32 s.f.
Max. height
4'
4'
4'
8'
b.Per
subcontractor
Max. area
9 s.f.
9 s.f.
9 s.f.
9 s -f.
City of Cape Canaveral
Ordinance 05 -2009
Page 25 of 29
Sees. 94-101--94-104. Reserved.
Sec. 94 -105. Enforcement.
(a) Removal of signs. Private signs on public property or public rights -of -way may be
removed by the City or its agents without notice to the sign owner.
(b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code
enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall,
upon receipt of written notification from the Administrator or code enforcement officer,
immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall
City of Cape Canaveral
Ordinance 05 -2009
Page 26 of 29
Max. height
4'
4'
4'
4'
Home
Max. no.
I
1
1
1
occupation
Max area
2 s.f
2 s.f
2 s.f.
2 s.f.
Ground
Max. no.
Prohibited
I per street
I per street
I per street
frontage/per
frontagelp
frontage
access
er access
entrance
entrance
Max. 2 signs
max.
2 signs
Max area
32s.f.
32 s.f
one s.f. per
lineal ft. of
property
frontage up to a
max. of 150 s.f.
Max hei Zht
8'
8'
20'
Max. width
25'
25'
25'
Wall
Max. no.
Prohibited
1
1
2 per storefront
or structure,
provided each
structure is a
separate
business.
Max. area
one s.f. per
one s.f.
Parallel to
lineal foot of
per lineal
street 15% of
building wall
foot of
wall height (x)
that the sign
building
wall width of
is on
wall that
wall that sign is
the sign is
located on:
on
max. 160 s.f.
Perpendicular
to street, 15%
of wall height
(x) wall width
of wall that sign
is located on;
max. 128 s.f.
Banner Si s
Max. no.
1
1
1
1
Max. area
12 s . ft.
12 s . ft.
12 s . ft.
96 s . ft.
Electronic
Max. no.
nla
nla
nla
per Section 94-
Si ns
78
Max. area.
nla
nla
nla
32 s . ft.
Wall mural
Prohibited
Prohibited
Prohibited
Prohibited
unless
unless
unless approved
approved per
approved
per 94 -6(g)
94 -6(g)
per 94-
6(g)
Sees. 94-101--94-104. Reserved.
Sec. 94 -105. Enforcement.
(a) Removal of signs. Private signs on public property or public rights -of -way may be
removed by the City or its agents without notice to the sign owner.
(b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code
enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall,
upon receipt of written notification from the Administrator or code enforcement officer,
immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall
City of Cape Canaveral
Ordinance 05 -2009
Page 26 of 29
immediately remove the sign if the Administrator has determined that exigent circumstances
exist that require the abatement of a public hazard.
(c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of
any property where an illegally erected sign is located shall have the sign immediately removed.
(d) Termination of unlawful illumination. Upon receipt of written notification by the code
enforcement officer or administrator that a sign is illuminated in violation of this chapter or other
provisions of the City Code regulating spillover lighting, the owner, owner's agent, or person in
control of the premises, shall immediately terminate the prohibited illumination of such sign.
Secs. 94- 146 - -94 -149 Reserved.
Sec. 94 -110. Implied Consent.
Any person applying for, and the property owner upon which the sign will be erected, and
receiving a permit for any sign hereby consents to the following:
(1) consents to complying with all provisions of this code; and
(2) consents for City officials to come on private property to inspect all signage and
to remove illegally erected signs upon reasonable advanced notice by the city.
Secs. 94- 111 - -94 -114 Reserved.
94 --115. ViewpoiAt Neutral.
Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall
be subject to any limitation based upon the content (viewpoint) of the message contained on such
sign or displayed on such sign structure.
Secs. 94- 116 - -94 -119 Reserved.
Sec. 94 -120. Severability.
(a) General. If afiy part, section, subsection, paragraph, subparagraph, sentence, phrase, clause,
term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any
other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word
of this chapter.
(b) Severability where less speech results. Without diminishing or limiting in any way the
declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this
Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, the declaration of such
City of Cape Canaveral
Ordinance 05 -2009
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unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of this article, even if such severability would result in a
situation where there would be less speech, whether by subjecting previously exempt signs to
permitting or otherwise.
(c) Severability of provisions pertaining to prohibited signs Without diminishing or limiting in
any way the declaration of severability set forth above in subsection (a), or elsewhere in this
chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of this chapter or any other law is declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the
declaration of such unconstitutionality shall not affect any other part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter that pertains to
prohibited signs, including specifically those signs and sign -types prohibited and not allowed
under section 94_6 of this chapter. Furthermore, if any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of section 94 -6 is declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of section 94 -6.
(d) Severability of prohibition on Off- Premise Signs.
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word
of this chapter and/or any other Code provisions and/or laws are declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the
declaration of such unconstitutionality shall not affect the prohibition on off - premise signs as
contained in this chapter and Code.
Section 4. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of
Ordinances, City of Cape Canaveral, Florida, related to Chapter 94, is hereby amended as
follows ( underlined type indicates additions and type indicates deletions):
APPENDIX B SCHEDULE OF FEES
Chapter 94. Signs
(a)
Permit fee shall be calculated on actual
30-0A
contract cost using subsection (a) of
Chapter 82 of Appendix B
(b)
Reinspection fee..........
25.00
94 -35
(d J
For commencing work without a permit,
all fees shall be double
.........
49.00
94-78
0-A
Temporary off-premise signs and
25.09 -50.00
banners and temporary nonresidential
94 -81 • and 944 (7
si ns reater than 12 s . ft..
Section 5. Repeal of Prior Inconsistent ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance 05 -2009
Page 28 of 29
Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective on October 1, 2009 upon
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 15 day of
September, 2009. 4
r '
ROCKY RAND LS, Mayor
ATTEST: Y
t
MI OF6A H, ,A ' g Deputy City Clerk
For Against
Bob Hoog x
Rocky Randels X
C. Shannon Roberts Second
Buzz Petsos Motion
Betty Walsh X
First Legal Ad Published: May 26, 2009
First Reading: June 16, 2009
Second Legal Ad Published: September 10, 2009
Second Reading: September 15, 2009
Approved as to legal form and sufficiency for
the C' Cape Canaveral only:
N HON . GARGANESE, City Attorney
City of Cape Canaveral
Ordinance 05 -2009
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