HomeMy WebLinkAboutResolution 2009-05RESOLUTION NO. 2009-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
APPROVING THE TEMPORARY SUSPENSION OF
ENFORCEMENT OF THE TIME LIMITS TO DISPLAY
TEMPORARY ON- PREMISES SIGNS SET FORTH IN
SECTION 94 -76 AND APPROVING THE SUSPENSION OF
PERMIT FEES FOR TEMPORARY ON- PREMISES SIGNS
IMPOSED BY SECTION 94 -35; SUSPENDING SAID CODE
PROVISIONS FOR A PERIOD OF SIX (6) MONTHS;
PROVIDING FOR ONE (1) SIX (6) MONTH EXTENSION OF
THE SUSPENSION PERIOD BY A MAJORITY VOTE OF
THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN
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, over the course of many months, the City Council and the Planning & Zoning
Board have comprehensively reviewed Chapter 94 of the City Code regarding the permitting and
regulation of signs; and
WHEREAS, during a sign workshop meeting held on January 31, 2008, the City Council
and Planning & Zoning Board reviewed the Chapter 94 regulations applicable to on- premises
temporary signs; and
WHEREAS, the City Council has previously temporarily suspended the 3 0-day display time
periods and permitting fees applicable to temporary on- premises signs as set forth in Chapter 94
through the adoption of Resolutions 2008 -04 and 2008 -17; and
WHEREAS, given the continued downturn in the nation's economy, the City Council
desires to reauthorize the temporary suspension of the 30 -day display time periods and any
permitting fees applicable to temporary on- premises signs set forth in Chapter 94; and
WHEREAS, the City Council believes that relaxing these provisions of the City Code
regarding temporary on- premises signs is in the best interest of the citizens and business owners of
Cape Canaveral while the City continues to review and update its sign regulations; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is
City of Cape Canaveral
Resolution No. 2009 -05
Page 1 of 3
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 2. Temporary Suspension of Certain Sign Regulations, The Cape Canaveral City
Council hereby approves temporarily suspending enforcement of the following City Code provisions
as follows:
A. Section 94 -76. Temporary on premises signs. The 30 -day time periods imposed by
section 94 -76 with regard to how many days prior to and following the opening of a new
business temporary signs and banners maybe erected are hereby suspended for a period of
six (6) months from the effective date of this Resolution. All other provisions of section 94-
76 shall remain in full force and effect.
B. Section 94 -35. Fees. Any permit fees set forth in section 94 -35 applicable to on-
premises temporary signs shall be suspended for aperiod of six (6) months from the effective
date of this Resolution. Any other fee imposed by section 94 -35 shall remain in full force
and effect.
Section 3. Extension of Suspension Period. The six (6) month suspension period set forth in
Section 2 of this Resolution may be extended for one (1) additional six (6) month period by a
majority vote of the City Council at a duly held City Council meeting.
Section 4. Termination of Suspension Period. Notwithstanding any other provision of this
Resolution, the City Council reserves the right to terminate, at any time, the six (6) month suspension
period set forth in Section 2 herein. Any such termination shall by majority vote of the City Council
at a duly held City Council meeting.
Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution 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 portion hereto.
Section 7. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Resolution No. 2009 -05
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RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 3' day of February, 2009.
c., Vem
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ROCKY RANDELS Mayor
ATTEST:
SUS STIi ,city Clerk
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
For Against
L
X
- X�
Motion
Second
Approved o legal form and sufficiency for
the C' of pe Canaveral only:
ANTHO A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No. 2009 -05
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