HomeMy WebLinkAboutPacket 10-16-2008 WorkshopCALL TO ORDER:
ROLL CALL:
DISCUSSION:
ty of Cape Canaveral
� WORKSHOP MEETING
NNING & ZONING BOARD
'HALL ANNEX
e, Cape Canaveral, Florida
Thursday
tober 16, 2008
5:30 PM
AGENDA
1. Discussion Re: Proposed Revisions to the Sign Code —
Starting with Page 9, Section 94-4 Exemptions, (6).
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council
with respect to any matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does
not constitute consent by the City for the introduction or admission into evidence
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the City
Clerk's office (868-1221) 48 hours in advance of the meeting.
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248
www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com
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ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES;
REVISING THE PURPOSE AND SCOPE OF THE
CHAPTER; MODIFYING DEFINITIONS; PROVIDING
FOR THE REGULATION OF TEMPORARY SIGNS;
AMENDING THE SIGN APPLICATION AND PERMIT
PROCEDURES; PROVIDING FOR OTHER
MISCELLANEOUS AMENDMENTS; AMENDING
APPENDIX B SCHEDULE OF FEES RELATED TO SIGN
PERMIT FEES; MAKING CONFORMING AMENDMENTS;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND EFFECTIVE
DATE.
WHEEREAS, 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 lav; and
WHEREAS, through the enactment of this Ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics ,-,ithin the City of Cape Canaveral.
See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego, 453 U.S. 490 (1981); 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 during high winds; and
WHEREAS, the City Council finds that the goals of this Ordinance are 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 of Lakeland, 414 So. 2d 1030 (Fla.); Messer V. City of
Douglasville, Ga., 975 F. 2d 1505 (11` Cir. 1992); and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, and-%elfare of the citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
City of Cape Cana vet al
Ordinance -21008
Page I of 32
Section 1. 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 2. Code Amendment. Chapter 94 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
st-rikee type indicates deletions, while asterisks indicate a deletion from this Ordinance
of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
CHAPTER 94. SIGNS
ARTICLE I. IN GENERAL
See. 94-1. 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:
Above roofsi,gn means a sign_ or any part of a sign. which relies on the building for supportand
which extends above the eave or parapet of the building.
Accent lighting 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 inflated 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
by means of slight progressive changes. This definition shall also include signs with rotating
panels, generally referred to as tri -vision signs.
Attraction board means any sign on which the copy may be manually changed from time to time
by use of changeable letters or panels.
Attraction -getting devices means any gadget or mechanical contrivance, scheme, drawing, ruse
or trick, symbol, emblem, insignia, regalia or motto, including murals, but excluding ornate
architectural features of a building, selectively narrowing or focusing receptive consciousness.
Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant
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.
C;ty of Cape Canaveral
Ordinance _-2008
Page 2 of 32
Bad szon means any temporary sign: made of cloth or other materials designed to ft over an
existing signor structure.__.
Balloon displca, 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
but excluding government flags for the purposes of this ordinance, designated to attract
attention.
Billbeew-d means a sign
f
advei4isina ,ineluding >
asile at .
murals,paintings `
buildings, struetur-es and > `
iena
that is ,.e,.,.nitte t ; eninie ale a wall sign_
Bulletin Board means any ,permanent sign, 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 cony 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 frarnes, 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.
a
:n ineans an), sign ef a �eniper-ai=y nature plaeed a4 a eenstraetien site a�fter- the
WildingpeFmit that depietsname,
b
te
b '
CODV 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, v,Ahere 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.
par4c4ib
City of Cape Canaveral
Ordinance _-2008
Page 3 of 32
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
Edge of pavement shall mean the hard surfaced (e g asphalt macadam marl etc) edge of an
existing street richt-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 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.
er—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. and a4se ; el„aas the pa..,—;fig: e f wall
&-I.
Exempt signs means signs exempted from normal permit requirements.
Flag 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 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 dedicated street right-of-way. For
comer lots or parcels abutting two or more dedicated 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 traffic hazard or a detriment to traffic safety y
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
City of cape Canaveral
Ordinance _-2008
Page 4 of 32
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,
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
round -mounted base and which is not attached or fixed in any way to -a building fence or other
structure. provided that the around mounted base is substantially equal to or greater than the
horizontal dimension of the sign face including any cabinet or any structure within which the
sign face is located.
Noncombustible rnater•ial 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 a flame -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.
Nonconfor•rning 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-pr•enrises 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 2 ernises sign means a sign (11 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 related ire bje-etmutter tothi -s �n
4-iieh i! i ieea- a
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,
City of Cape Canaveral
Ordinance _-2008
Page 5 of 32
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 aparapet 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,
tir
O b suggesting
�- r'
an issue 'e -be veted upen in the Upeeming
elesti
Pole sign means are signs that are supported by one or more exposed vertical supports
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 to any building wall OF stfUetUrFe and extends
beyond the building wall b-s*� urtur� b �' a�..b 1;��„ YrQP� f�more than 12 inches.
P� lie to st—sign Means atemp to adver-Iiise aeharkable, edtieati lir
r-eligieus al eventz
n used
fer- the sale
n is
{{^^ ^^'' b b
�te
Registered engineer means an engineer registered in the state whom is in good standing with the
state board of engineering examiners.
Roof sign means any sign erected upon, against or directly above a roof or on top of or above the
parapet of a building.
Shopping center or multi -tenant center means a building with two or more businesses.
having 7 b •
gain.
Sign means any surface. fabric, device or display whether illuminated or non -illuminated
designed to identify. announce. direct or inform and that and -ludes-e=oe—=air�r'�i"- -
bfeund SiQb> Wall Sign, illuminated b ` b b b b
signi, `demenstFatien,display,
ill �is4atien or- insig-rEa used
+ y business,event
is placed out-of-doors in view of the general public. For pumoses of this Chapter, the
term "sign" includes all structural members +
City of Cape Canaveral
Ordinance _-2008
Page 6 of 32
Sign erector or contractor means 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.
, . . j! elee� 111 y in the net ,eandidates :.ter-
politiea4
r7 effiee,
Sign writer or painter means any person engaged in the painting or application of signs on
windows, doors, walls, awning or elsewhere, when such signs require no structural framework or
electrical power.
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 and
primarily intended for vehicular movement.
Temporary signs means a sign displayed before. during or after an event or occurrence scheduled
at a specific time and place. signs een etedefeleth, ear , li& =abfiz, �,1�-d, .all d
light > >
vi C1111V as allowed VCl 111 Cll\:speeifie
seefiens of this ehapter-
Tenantspace 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 triangular space bounded on two sides by
Q ersecti streets (measured from intersecting edges of pavement) and on the third side by a
straight line drawn between those lines at a oint located 35 feet from their intersection: and ten
feet high. fFs t. � ; >. S " �P '� - ,*mac i ; n�a .de Lot -L. p�,: 1r-
G�
C' t&14
[INSERT DIAGRAM]
Wall sign means a sign that is affixed to the wall of any building, when such sign shall project
not more than 12 inches from the building. Wall signs may not extend above the roofline or
facade. Wall signs include parapet signs and pro'ectina signs.
Wall Mural means a sign that is 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 riaid 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
City of Cape Canaveral
Ordinance _-2008
Page 7 of 32
TVbidoii, _cio r means illuminated and non -illuminated signs placed in the exterior windows of a
structure, and which can be viewed from the outside of the structure.
See. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate the number, size. VIDe. 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, that ",ill
protect t4e 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 b
b and identif,inb
use or &Ry nznduet + � �, u7 t h
=` -='ter-=--=-----.%� -- �� ..moi.. .. rw.�iiuo..
intended(b) This chapter- is
ll
e sizes, heights,
perizaks and
e ,
inatefial7
7 signs
(e b) For purposes of Tthis chapter, is also intended to pefmitpremisesnt 'b
.A44.", the eit-,, and any lawful sign may display a noncommercial message in addition to, or in
lieu of, any other message. Derr the ptifpeses-ef this rc-rhapte-r caill noncommercial speech shall be
deemed to be an on -premises. Nlet'�' ^ this chapter- shall be Ele e be an eii premises-.
i iunib ui
Nothing in this chapter shall be construed to regulate the content of the message displayed on
any sign.
Sec. 94-3. Administrator.
'7,
The building official shall act as administrator of this chapter, acting in lieu e f .he eity eeti eil
As use in this chapter, the term "administrator" shall include his the administrator's authorized
representative.
Sec. 94-4. Exemptions.
The following signs
may be erected
without a
permit, subject, however, to all remaining
requirements of these
regulations: are
m'czc'z`ca"aed
f�mm—the eper-a�ien erthi?—ehaptef unless
(1) Decals affixed to and normally associated with signs er-- x painted on equipment, file!
pumps or other types of veftding equipment used fen—dispeasing reel -meets provided such
decals are affixed with the consent of the equipment owner,
City of Cape Canaveral
Ordinance _-2008
Page 8 of 32
(2) Signs wholly within a building or enclosed space, excluding window signs which are more
specifically regulated under this chapter (see seefien 94 ' de omit,^ ��•
] ]
(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; •b tablets or- plaques b
. bustible .,-,.,tnrial.
]
(4) Pre f ssional r -pl tes net o o, ing throe s e feet
,T� 1 1V 1\.JJ3 V11L11 11iA11�V�J 1CiLii �fin,
(-5 4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited
to one per business entrance.,ei,41 squafe feet in area fer pub!
religious ]
signs(6) Geeupational b
buildiRb] building, dwelling ] whieh are against
building exeeedinllD
singleafeet;
signs(7) Dir-eetienal
(8) Tr-affie or ether munieipal signs, legal ] danger signs b
er-
nefladveFtisificc
b �b -
ef an
Signs `b D gfeup ef single
D] in aeeardaiiee with seetien 94 ]
94 97-
and 94 OQ-
��r
(4-8 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
signsdifeefieftal enter, ] ]
squffe feet ; siEe .,,1 not o eD edin b , tw e feet i 1- -.
eig.+.
]
(44 0 Window signs that do not exceed 25 percent of the total window glass area for each side
of the building or unit thereof individual glazed area and are placed in the upper or lower half of
the window glass area. In addition. the totalsquare footage of the window signs, when added to
'IfTebal 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 individual glazed .,reit Further, the- all sales transaction
areas, as well as any other areas that may be deemed as necessary for viewing for safety cumoses
by a law enforcement agency, shall not be obstructed from view from the outside of the building
by a window sign; and
City of Cape Canaveral
Ordinance _-2008
Page 9 of 32
(7) Temporary signs that do not exceed six (6) square feet. provided the signs meet the
requirements of this chapter.
(8) For 911 and emergenev response purposes. signage identifying the address of the
property. which shall be located in a place that is clearly visible from the right-ofway
( 1 2) Signs for- events spenser-ed by themiifiieipal45-
See.
94-5. Penalty for violation.
(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.
See. 94-6. Prohibited Signs and features.
The following signs and features are strictly prohibited:
(a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit
requirements,=leluding pol;tce l sig are prohibited on public utility poles or trees.
(b) Obstruction of free ingress or egress; Standpipes. No sign shall be erected, relocated or
maintained so as to obstruct free ingress to or egress from any door or fire escape,— e -
signs. No sign of any kind shall be attached to a standpipe or fire escape.
(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.,
> >
mailed er-
V L11Y1 .t1JY 1.J14YY VI 1VYC14leen er above aR5, fead'.J
(d) Animated/flashing signs. Animated or flashing signs are hereby 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.
(� Reserved. - -
1 'g1
1,fight y, shall be ,
the fit,.,,,;„,
t
t
Y aetively in use aiid sigm e
City of Cape Canaveral
Ordinance _-2008
Page 10 of 32
iiette be visible ffefn any publie fight of , v ay; of
(2) ;` %er-e Re ^l teA,A 1 +' f 1 that � + ' 'bl e
\-J u �,. u V 1V VZ1l1iJZ1-ZVr-Qt�iti'iV�C
r -ib is 1
meensi e uv ght ef way ,
(g) n_ ffi ,•e.,,:^e ^'b° ^. Merchandise displays on rights of way. Permanent. temporary,
portable or movable signs or displays of merchandise located on anv street sidewalk alley or
right-of-way are prohibited. it is the expr-essed
legislative
D street,
sidewalk, alley, right b°
signsfare far- the display E)f mer-ehandise fef sale or the
any per -sen ef the b e,
person's plaee of business ey- the b
bA D
designed
par -king
ef any N,ehiele useD
1
slogan _
T
es Used
1 „
(h) Off -premise signs. An; sign net r.:' ted A.A its subjeema-Aer-to the pfemises en whieh it is
1, ea. ed VL11C
unless is 1/{ ..hibi+e,l, .,l„+lie..,.
,: fi .1 t Cede.
A JJ
(i) Exposed electrical discharge lighting (neon or f uoresceno. Exposed electrical discharge
lighting (neon or fluorescent) is strictly prohibited for use in any type of sign located within the
city.
0) Accent lighting. Accent lighting on the exterior of any building is strictly prohibited within
the city.
(k) Bum. Wall Mural. Building ai4 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 seg.
(1) Window signs. Window signs that do not comply with sec. 94-4.
(m) Ground signs. Ground signs with exposed metal poles when less than eight feet in height.
(n) Air inflated devices.
(o) Marquee signs.
City of Cape Canaveral
Ordinance _-2008
Page 11 of 32
(p) Roof signs.
(q) Projecting signs, unless they comply with the provisions of section 94-79.
(r) Temporary signs, unless specifically authorized under this Chapter ffieFftiep.ed in this
(s) Flags and pennants that are not governmental in origin.
(t) Signs that emit an audible sound, odor, or visible matter such as smoke or steam.
(u) Signs that are made with or printed on any vegetation, curbstone, flagstone, pavement, or
any portion of the sidei,valk or street except house numbers and traffic control signs.
(v) Balloon display.
(w) Discontinued signs.
(x) Electronic signs. animated signs or signs of a flashing running or revolving nature
However. an electronic sign may be approved by the city if the electronic sign complies with the
provisions set forth in section 94-78.
(y) Snipe signs.
(z) Obscene signs.
(aa) Hazardous Signs.
(bb) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from
the right-of-way or adjacentproperty.
(cc) 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-wav or adjacent property.
(dd) Above roof signs.
ee
Sec. 94-7. Conformance.
All signs or other advertising structures erected within the city limits shall conform to this
chapter.
Sec. 94-8. Identification.
City of Cape Canaveral
Ordinance _-2008
Page 12 of 32
Every 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 building
official.
Sec. 94-9. 'Wind pressure and dead load.
All signs and other advertising structures 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.
Sec. 94-11. Maintenance, notice to repair.
Eaeh bia shaR be maintained in a safe eertditiefi. 3ollhenb
the sign and a lien Fna5, be filedt
�b�r- the expense kieurfed in Y-emeval of !he
Sign.
(a) All signs shall be erected. placed and maintained in a state of good and safe
repair. Damaged signs shall be promptly removed, repaired, or replaced. If a siogn
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.
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.
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.
f� 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
See. 94-31. Permit required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to paw,
alter. erect, construct, enlarge, move, make a change of copy to, or make structural alterations to
City of Cape Canaveral
Ordinance _-2008
Pale 13 of 32
any sign within the city or cause such to be done without first obtaining a sign permit for each
such sign from the building official. This shall not be construed to require any permit for a
change of copy on a sign fee- ther-epainting, , n
noand e«he naFFRal maintenance er-F�-� _
sign er- e4-, so long as the sign or sign 5tiucture is not
modified in any way. Any sign which is not specifically allowed by this chapter is prohibited
(b) A separate 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 this
chapter on the date of its adoption. A new permit shall be required for any sign when the
structural configuration of electrical components is altered or when the sign is relocated.
See. 94-32. Application for permit; review time limits.
a) Application for a permit required under this ai4iele chapter shall be made upon
forms provided by the building department and shall contain or have attached the information
required 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) The type of sign. square footage height and location of all signs currently located on
the premises.
(6) 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 is to be electrically lighted the electrical plans and specifications for the sign In
addition. the name and address of the electrical contractor accompanied by 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) A fully dimensioned site plan showing the lot frontage, building frontage or business.
establishment or occupant frontage paring areas and location of all existing and proposed signs
City of Cape Canaveral
Ordinance -2008
Page 14-;f 32
For ground signs and temporary signs. the site plan shall show the distance from the right-of-way
and property lines, and street corner visibility calculations.
(9) For temporary signs. over six square feet. name. date and time associated with the
event and a time frame for the temporary sign to come down.
(10) The type of construction materials sign supports electrical details for the proposed
sign.
(11) Wind load calculations and footer details for the proposed sign as required by the
City's adopted building code.
The building official shall grant or deny the sign permit application within forty-
five (45) 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) 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 peal the decision to the construction
board of adiustment.
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 building official 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 building official shall forward the application to the
community appearance board for review and consideration. if,. fier- .,ppre- ^t is feeeived fy-em the
eeminunity el[Zee'veafd, the t shall grant e'dor the building Pemlit
applieatienivigiin 20 days ffem, the date the eempleted
�y_
t i;
eatien fee was f;led
t +
(b) If, after review and investigation as required herein, the building official determines that
the application meets the requirements contained in this chapter and determines the proposed
sign will not violate any building, electrical. and aesthetic or other adopted codes of the city, the
building official 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
Cary of Cape Canaveral
Ordinance _-2008
Page 15 of 32
within. six months after the date of issuance, the permit shall become null and void. unless the
building official grantsan extension of time, not to exceed three (3) months. for Lzood cause
shown.
(c) If, after review and investigation as required herein, the building official deter pines that one
or more reasons for denial exist, the permit shall be denied and the building official 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 or 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
may not be appealed to the construction board of adjustment 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
opporti-m ty 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. Anv 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
pr-emptly " d- application.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 building official is authorized and empowered to revoke any permit issued under this article
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 wYiting, to the city manager. &F a hearing
before 4—:im the construction board of ad'tt �stment 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
City of Cape Canaveral
Ordinance _-2008
Page 16 of 32
further exhaustion of administrative remedies shall be necessary for judicial review of the
revocation decision. Any person agzrieved by a final decision of the construction board of
adiustment may immediately anneal 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 constriction board of adjustment. Within ten a f --1,
�ra�czax—hill iii ice` aFeIR
'
a a .� ien in-;wi r, 11, r1.
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 eliiminatinQ or modifying a nonconforming sign and making it in full compliance with
the provisions of this chapter,
Sec. 94-36. Inspection by building official
The building official 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
buildinG official. 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 types of signs; and
City of Cape Canaveral
Ordinance _-2008
Page 17 of 32
(3) A final electrical inspection shall be required on all signs containing
electrical components and wiring to be connected to an electrical energy source.
Secs. 94-38--94-64. Reserved,
ARTICCLE III. SIZE, LOCATION AND CONSTRUCTION
DIVISION 1. GENERALLY
Sec. 94-61. Restrictions on placement.
(a) No sign of any character shall be suspended across any public street, avenue or alley.
(b) No sign of any description 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, without permission of the building official
T
bn ef kind ll i ?
gate, and fenee orte any other- pr-ivate
1
Y,itheut the
(d c) No sign of any kind 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 restrictions otherwise in 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 building official, 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
building ofcial. If the order to remove is not complied with, the building official 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.
tz
(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 he the building
official's 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 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 h�s the building official's intention to appeal his decision to the code
enforcement board. Any such sign displayed more than 48 hours after notice to remove the sign
City of Cape Canaveral
Ordinance _-2008
Page 18 of 32
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 building official
has been reversed by the code enforcement board.
(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 marmer 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 figure 94-64-2.
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 glass 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 the National Electric Code.
Sec. 94-64. Criteria and standards for measurement and placement.
(a) Area. The permitted area of ground signs, except in shopping centers or multi -tenant
centers, 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 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.
(b) Combinations 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 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 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) Display of permit number. The sign permit for all signs requiring a permit shall be
prominently displayed by the owner or user of the sign on the property where the sign is located.
(e) Reight, setback and location measurements. Measurements for setback and location for all
signs in all allowable districts shall be made from that portion of the sign nearest that point of
City of Cape Canaveral
Ordinance _-200$
Page 19 of 32
ground reference to which the measurement is to be made, but in no event shall a sign of any
kind project over public property or public rights-of-way, whether affixed to a building or
otherv,,ise (refer to figure 94-64-1). The height of signs shall be measured from grade level at the
edge of the street paving and shall include aII decorative portions of the sign. All setback
measurements shall be made from the property lines as a point of reference to the projecting edge
or corner of the sign, unless otherwise specified.
(f) Groundsigns. 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-ia^U^ular area beidiaded eR t,,j,e sides
by the street ef -va), E)i: pr-epei4y lifles and eii the third side by a straight iiiie dr-awH betweenthese 1iiies a.a
their inter-seetien (refer to figure 94-194-64-4-2).
(g) Si_e limit. No ground sign shall be supported so that the uppermost edge is more than 20 30
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 150
square feet on its largest front.
Sees. 94-65--94-75. Reserved.
DIVISION 2. TYPES OF SIGNS
See. 94-76. Temporary on -premises signs.
(a) Temporary on -premises signer shall be permitted under the olloti✓ing conditions:
0) 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 non_illuminated free standing signs
0) 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) Temporary signs greater than four(4) square feet shall be permitted for a period
of up to sixty (60) days once a year per event or activity, The display period for
temporary signs greater than four (4) square feet shall not run consecutive with another
display period and must be separated by a period of no less than sixty (60) days
(5) On residential property no one temporary sign shall exceed six (6) square feet
and the total number of temporary signs on any one residential property shall not exceed
three (3).
(6) On non-residential property, no one temporary sign shall exceed thirty two (32)
square feet and the total area of temporary signage on any non-residential property shall
not exceed ninety-six (96) square feet
Ciliy of Cape Canaveral
Ordinance _-2008
Page 20 of 32
(7) Temporary signs may be double fared (back-to-back) and only one side of a
double faced sign shall be counted for sign area calculations
8 The maximum height of any temporary sign shall be four (4) feet on residential
property. or eight (8) feet on any non-residential property
(9) Minimum setbacks for any part of the temporafy silan structure shall be a
minimum of five (5) feet from any right-of-way and fifteen (15) feet from any other
adloirung property line. except the streets listed below shall have the following set backs:
Street
Minimum Setback
from Right -of -Way
Astronaut Boulevard (SR AIA)
50 feet
Old State Road 401
10 feet
Ridgewood Avenue
10 feet
(10) No temporary sign shall be placed within the right-of-way. No tem-orary sign
shall be placed within the visibility triangle or pasted on a tree or utility pole
fl 1). 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 unles-v it is safely fastened in its entirety to a
backing made of material set forth in this section
(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) non -illuminated 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 In addition each subcontractor
shall be allowed one (1) non -illuminated 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. 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
exceed twelve (12) square feet. A banner sign may be erected for a maximum of tUrty
City of Cape Canaveral
Ordinance _-2408
Page 2I of 32
C30} days on nonresidential property and a rilaxim„rp of fourteen (ld) days on r--idertial
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 to a Structure in a
manner to withstand weather elements commonly experienced in the City,
(r) Rao signs shall be temporarily permitted for a s-xty (60) calendar period of time in cases
where the copy area of an existing sign has been damaged and is awaiting repair and
where the copy area is being replaced to accommodate a new or renamed business
61 1
b
of a new busipess and not t -e
b b
building,pefinit has been issue4 aiad the eefistFuefieii siga
Shall
--- - l' r at -
(b) Rea4 estate sig- may be rare + a witheut a t + the
f' 11
permit n u bjb
b
n net to e�Eeeed six sqtiar-e fee�
in size and I^ - shall be eefifined te the sale site
height.bi
and x1..,11 flet be 1., ed right f 'Milt + 1
Y �J Yob J visibility i-mzbZe
> 2 and +esteAe sign e
d•s+,. el r-estr-ietimis + (!able 94 96 1) Sueh sign shall not bil d .ia __fid
(3) Kc=al rart--t shall be r-effieved ; edia4ely , ale e fthe .
b
buildingthe
b
bffifleant > b >as Elefined in seetien 94 .
Sec. 94-77. Signs invielation. Emeraency Response Svstem.
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
permitted for the property with numerals/letters a minimum of eight (8) inches in height 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.
Cic� of Cape Canaveral
OOrdinance _-2068
Page 22 of 32
.,1;+; .,1 A shall
a
See.94-8—Politieal sig
lei T;.-- of e itirig. �f3--pelitzeal signs fee- el-eetie.n t—T'-6.".a.11 be eFeetted privr- -,te tho
candidate .:1:: :b fef vlAiec..
.. - size of a pelitieal bn shall net e
sign,d 32 squay-e feet in
sign. signsll > >
i
papeF shall be used in the seiistrdetien ef any pelitieal sign, as a paper- faee
baekinb by aliLesive ever- the e-iiiir-a signs shall be allewed, pfavided the), de net
si bas shall be y fastened.. a-n6her-ed, plaeed and maintaip-ed se as Ret te eenstitute.
signs
read
' right signs Ne trees, utility peles er fenee pests.
b J
py-epei4y within the eit�, lifnits must have en file _ ther _ b _ _ __ _ _ wizitten eensent
is net
r -e`1 plaeementof signs
signs(e) . Depesit. A deposit as set fe�lh in appendix B te this Cede shall be paid te the eil�, befere
any puFpese af a vete b
fefUflded, Y the ilAa
[1) The de it shall be f' f' ed ler aiii'—sig er-eeted EA41iin the eit,, w ieh is net
� 1 The
een
qtr-uete,a as 78(b) f th ,f;ed et, (iii l ,7
�Yo ae vi
(2) if the sips are nel femeved within the five Elay allewaaiee !he 1 eest sueh
Feffieyal eh. .r te � d he eandlaai +1 dy 't t
(f) DisiiTeet F--equifen'renss-
Sec. 94-78. Electronic Si6ns
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 pylon or wall
sign and shall not be part of anv other kind of sign including but not limited to a pole sign
Further. an electronic sign shall not be a stand alone sign.
Ciry of Cape Canaveral
Ordinance -2008
Page 23 of_32
(b) The electronic sign shall not installed higher than twenty feet from grade level.
(c) The size of the electronic sign shall be limited to a maximum size equal to 1.25 square
feet of area for every one lineal foot of property frontage not to exceed thirty-two square feet
Per property. The size of the electronic size 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 alphanumeric characters only and graphic displays
of non alphanumeric characters (such 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 ninety consecutive seconds per display.
See. 94-79. Off premises signs. Projecting Signs.
A projecting sign shall be permitted provided the following minimum standards are satisfied:
(a) It shall not be larger than six feet in its greatest dimension
(b) It shall not encroach into a required setback by more than three feet
(c) The lowest porion of the sign shall be at least seven and one-half 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.
ordinanee ,vib—ire-h this seetien is derived shall reinain unt,". are r-ernaved er fall inte
disrepair, A bn is in air- as determined y the building
Si'b is ddetefmine4> the ll tr
existing if a
n q;;vrier or ewrier- fails er refuses toeeinply>
alli be
•b b
b
relatingn is in the sta4e e
disfe�air shall be the preeedure e4ablished in se6tien 34 66 et seq. `
abatement of rimuisanees,
See. 94-80. Off -Premise Signs. Billboards.
No new bill eaT-� off -premise sign shall be erected in the city. Any off -premise sign N44beapds
erected in violation of this section shall be removed vvithin 48 hours of notice to the sign owner
and property owner. If the sign owner or property owner fails to remove the sign. the city shall
City of Cape Canaveral
Page 24 o'132
do so at the sign owner's or property owner's expense. The city shall also 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.
See. 94 signs. Reserved.
(a) There shall be a limit ef eiie b b
p -Ezffi,HeS Sib�
Y J premises signs may be en.
eff + d ei�45,b the fellowkig.-
heusiRkz
a b
ef ten or mefe
residential ;+
(2) Any --YIewbusiness-epenktb withint:c-cm; __
V, religious
vvaiuuuuiib n speeial
Aii3, sueh sign
b
i-llaixxaifi atien of any seFt - ,1 a f .,ll , for- +1
J r" r �����
signs
+ and ..1..
b
fnr n peiied of th fee i,-. ,-.+L,n
b 7 b
ra may be ereeted Re mer -e than eRee Pei: year-,
iriter- st sign, hewever-, er-1 J + 1 ereeted f iiier-e +han u letal f 30 d
the eeFfidefs are as fallews.,
b b
7 f;.,;.,.,.,,-, Set .,,,i.
City of Cape Canaveral
Ordinance -2000
Pale 25 of 32
Old SpateRead
401
10 feel
7� �]
1dge%�
'AN,erriue
S nZ
��a-+rc�t
i
et
8 feet
City of Cape Canaveral
Ordinance -2000
Pale 25 of 32
These
,
+
,}
distrieis.
v
b
b
The
agentpeR7Rit.-
`.
jjj
'R Nvfiting the
y
..
b
xa
rea ,
table 94
96-4-,
�
�
L)
C-ens�Fuetien
; H.7
T,+
b
F
plaeed
t
guy
. L
i t
b
1
)
All eenstfueiieii
sips shall
be r-effi
of
a eeftigeate E)
1
3 ) All eeRsti:uetien signs shall eeRlain Sec. 94-82. Awnings and canopies. b
(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 sign footage.
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 permitted 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.
Sees. 94-84--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 sin not specifically permitted in the R -I district is prohibited.
Sec. 94-97. R-2 medium density residential district.
City of Cape Canaveral
VrdlIIaliCe _-_1308
Page 26 of 32
(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. 94-95. 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 lose' density commercial district, C-2 co mmerciaUmanufacturing district
and M-1 light industrial and research and development district.
(a) Sias are permitted in the C-1 low density commercial district, C-2
commercial/manufacturing district and the M -i 'light industrial and research and development
district as listed in table 94-96-1.
(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
TART.F. iNRFT-
City of Cape Canaveral
Ordinance _-2008
Page 27 of 32
District
Type of Sign
R-1
R-2
R-3
C-1, C-2 & M-1
Shopping
center/Multi-Tenant
Center in any district
Automotive
Service
Station in C-1
Temoorary
On -premises
Per
Section
94-76
Per
Section
94-76
Per
Section
94-76
( Per Section 94-76
Per Section 94-76
Per Section
94947fi
Sian
Reed estate
P 4 ax. fie,
4....
.l.
.r
I
-
�
r -:..r
(��
I ..�� F..;-Tiris=7—prv""Pc--"r.T
I Vintage
i
Max. area
6s.f.
6s.f.
3=6s.f
32s.f
Max. heieht
4'
4'
T 4'
8'
P,.,)�♦jeal
!A 3r — 259 fto--vf
ff3ntage that 2
PeFffiitl-
�Ry. a:'ea
3 3-f
i5 -t-
L-,
riCrirC;
�l-
-F
4-
2
{ly�r-�.�3�SEY.Ei
��
i�^ter 'S'mst
'
�M7�ax.a
16 s.f.
16 s.f
I6 s.f.
32 s.f.height
s' 4'
l4'
4' '
8, j
Max. area9
s.f. 1
9 s.f.
9 s.f.
9 S, f.
i
Max. height 1
4' ,
4' 1
4'
Home
Max. n
j
1 I
I
City of Cape Canaveral
Ordinance _-2008
Page 27 of 32
emetive
�LTLT7'en✓ nn t� r (i t �-.t nA nL 1 ` s e v
(b) Fuel dispensing
33T7 6?3irt1iE-moi{}} �T + u u
Cit} of Cape Canaveral
Ordinance _-2008
Page 28 of 32
occupation
j (
Ground
j Max area
Max. no.
2 s.f.
Prohibited
2 s.f. ? S.T.
1 ger street 1 per street
frontaae/o frontage/p
er access er access
entrance entrance
Max. o max.
signs o signs
2 S.I.
1 pPr street frontage
n/a
1 per street frontage
j rt;a
1--en—primafy
e; f ^efi!ae^
Max area
? 32s.f.
Ta 32s.f.
One s.f per lineal ft of
One s.f. per lineal ft.
`PeF
nt}
property frontage up to
I of property frontage
a max. of l50 s.f,
up to a max. of 150
4wall Space
fre»tag2, iSat. 1?8
160 S_£
StFeet
Max height
j
}8'
8
34 20`
20°
34
Max. Nvidth
ZS
25'
25'
_�
n-!&— 25'
n/a
Wali
Max. no.
Prohibited
i
j I (on
main
structure)
and 1
1 (on
main
structure)
+ and 1iFeet•.
°^^^^ - ^
-�
t. ' ^- __-h ^ d
-1 2 per tenant space
f
1
the buildia=pwallel te
' sign per
structure. provided each
suppleme
suppleme
ntary sign
nary sign
structure is a separate
P r
dwelling
unit
located
within
24" of
Per
dwelling
unit
(located
within
24" of
business,
rip mare
dwelling
unit door)
primary
dwelling
unit door
Max. area
30 s f
One s. f.
"A
One s. f.
n.,. -.,...._die ,^_. , .. F
lineal feet of b;Ai:'djjj
width, mw . 128 s€
eaah sign, P -^l el; t s.f.
ger lineal feet of
buildipg fms«ag^,
1§25.€
Parallel to street 15%
h^ ghtm- business
frentage,Max. 138
<,f ndieul^- D.
-1-69 SA parallel to
Street
Parallel to street
^ i: distFiv;
per lineal
per lineal
foot of
foot of
buildino
wall that
building
wall that
the sign is
the sign is
on and 2
on and 2
s.f for
s.f. for
each
suppleme
ntary sign.
each
suppleme
ntary
of wall height (x) wall
15% of wall height
width of wall that sign
(x) wall width of wall
is located on: max. 160
that sign is located
S. f.
Perpendicular to street.
on: max, 160 s.f.
Perpendicular to
15% of wall height (x)
street. 15% of wall
wall width of wall that
height (x) wall width
Sian is located on: max.
of wall that sign is
128 s_f1l
located on: max. 128
BannerSimts
Max, no.
1
1'
1 i
n/a
tna
Max area12
s.f.
12 s.f.
12 s.f. 96 s. f.
n/a
tt�a
emetive
�LTLT7'en✓ nn t� r (i t �-.t nA nL 1 ` s e v
(b) Fuel dispensing
33T7 6?3irt1iE-moi{}} �T + u u
Cit} of Cape Canaveral
Ordinance _-2008
Page 28 of 32
J„1 Tl f�lin ;; 11 , .�.
l a signs spa J 1.
(1) At4entien b C devices, - .J)b•b )
b)
(..) A... j sigzn uv� sYcz.r ,
Sees. 94-101--94-104. Reserved.
See. 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 Building Official, the owner thereof or i3erson maintaining the si n,
shall. upon receipt of written notification from the Building Official or Code Enforcement
Officer. immediately secure the sign cause it to be placed in good repair or remove the sign
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 ir=iediately removed
(d) Termination of unlawful illumination Upon receipt of written notification by the Code
Enforcement Officer or_Building Official that a sign is illuminated in violation of this Chapter
the owner. owner's agent or person in control of the premises shall immediately terminate the
prohibited illumination of such sign.
Secs. 94-106--94-109 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. Viewpoint Neutral.
City of Cape Canaveral
Ordinance _-2008
Page 29 of 32
Notwithstanding anything in this chapter or code to the contrar_ 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 Resened.
Sec, 94-120, Severabitit-
(a) CienefaL If any partsection 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 germ 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 partsection subsection paragraph subparagraph
sentence, phrase- clause, term, or word of this chapter is declared unconstitutional by the valid
jut dgment 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 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 partsection subsection paragraph
subparagraph, sentence phrase clause term or word of this chapter or any other law is declared
unconstitutional by the valid iudgment or decree of any court of competent jurisdiction the
declaration of such unconstitutionality shall not affect any other partsection 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 partsection 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 partsection subsection paragraph subparagraph
sentence, phrase, clause term or word of section -94-6.
(d) Severability ofprohibition on Of -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 iurisdiction the
declaration of such unconstitutionality shall not affect the prohibition on off= remise signs as
contained in this chapter and Code
Cay of Cape Canaveral
Ordinance _-2008
Pale 30 of 32
Section 3. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and str-ikeeut type indicates deletions, while asterisks (" * *) indicate a
deletion from this Ordinance of text existing in Appendix B. It is intended that the text in
Appendix B denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
APPENDIX B SCHEDULE OF FEES
Chapter 94. Signs
(a) Permit fee shall be calculated on actual
30.00
contract cost using subsection (a) of
Chapter 82 of Appendix B with a
minimum fee of:..........
(b) Reinspection fee..........
125.00
9435
(d2) For commencing work without a permit,
all fees shall be double
W Pelii§eal rigs depesit (Fefundable
4498
9449
4A Temporary signs and banners..........
25.00
Section 4. 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.
Section 5. 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 6. 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 7. Effective Date. This Ordinance .shall. become effective immediately 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 day
of )2008.
ATTEST:
ROCKY RANDELS, Mayor
City of Cape Canaveral
Ordinance _-2008
Page 3 I of 32
FGr Against
Bob Hoog
Leo Nicholas
SUSAN STILLS, City Clerk Rocky RandeIs
C. Shannon Roberts
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
Approved as to Iegal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
C iffy of Cape Canaveral
Ordinance _-2008
Pale 32 of 32