Loading...
HomeMy WebLinkAboutPacket 09-27-2007 WorkshopCity of Cape Canaveral CAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING WITH THE PLANNING & ZONING BOARD CITY HALL ANNEX Fr 111 Polk Avenue, Cape Canaveral, Florida Thursday September 27, 2007 5:30 PM AGENDA CALL TO ORDER: ROLL CALL: DISCUSSION: 1. Sign Code Amendments. 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 -,vww.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com Updated status version September 20, 2007 Suggested Revisions to the City of Cape Canaveral Sign Ordinance A Working Document Todd Morley Building Official Starting point: At the workshop meeting on September 27t" we will begin at "Application for permit" on page 20 of this draft. What's different about this version: • This "rolled -up" version includes group input from all previous meetings including those held on May 22, 2007, July 19, 2007 and August 30, 2007. • Status updates are given after each item (abbreviated as "WKSHP Status"). This is intended as a reminder that the item was discussed at a joint City Council/Planning and Zoning Board meeting and includes a snapshot of the action agreed to by the majority of the members. • Items l gMighted in yellow are parking board items that the group agreed to revisit at a future meeting. Foreword: The following items/concepts are presented for the City Council and the Planning and Zoning Board to consider for inclusion in the new draft of the sign code. This informal draft represents the combined input from several sources: staff, other municipal sign codes, small business owners, large business owners, sign contractors and interested members of the community at large. Throughout, you will find commentary from business owners, sign contractors, etc. These are included to provide background information. The sections titled "My comment" are the Building Official's comments. Once all items in this draft are addressed by the group, they will be summarized and presented to the City Attorney for direction as the new sign code ordinance is drafted. Status updates are abbreviated as follows: WKSBP Status: means this item was discussed at a joint City Council/Planning and Zoning Board meeting. What follows this is the action agreed to by the majority of the members. Changes to Definitions: Bag Sign: An3: sign made of cloth or other material designed to fit over an existing sign. Also know as a slip sign. rf X 0 A KSIH!" Olt- ' .vouvs thi�h` desivlt e Oli W MmAltd & 014: CttAld 3Totl TI hI tile dd-mi,iolj, Balloon — An inflated or sprung device or sign constructed of light material filled with air (including forced or heated air) or gaseous elements lighter than air so as to rise or float. AISHP OK Banner — a sign composed of lightweight flexible fabric -like material designated to attract attention. Excluding Government flags. IN S 1-11' tLI S .- R Bulletin Board - A permanent sign, attached to a building or ground sign, for posting notices with removable letters, words, or numerals. indieatine the names of versons asseeiated with, or annotmeement of events or- getivities eendueted upon4ke site or vareel uvon whieh the sieft * s . Such sign shall not exceed 6 s.fand shall not contain an Electronic Message Board. iz--: Ex e 112 NN'K'SHP Status: The gronp decided to strike the words- "or ground sign," from the first sentence of (fie proposed definition and to postpone this item 111161 reNiewiw- the temporary signage proposal. 2 Chalk Board — a hard, smooth, usually dark surface used for writing and drawing on with chalk. WKSHP Status:_ The group decided to postpolle this itell] wiliti( reviewil)L' the tell) pora I -v sialiaze propos'll. Clear Height Setback: a two dimensional space measured six feet horizontally from the property line and ten feet vertically from the ground level of the closest edge o street pavement. (see attached figure) 'a "s 11 P, ?i#i t I ;'... 1):! t i i � i ;! I i I i i d k- � I � "s i i e I : t. Dilapidated Sign: Any sign, which is structurally unsound, fails to meet applicable building, electrical and safety codes, has defective parts, lacks faces, has broken faces or is in need of Painting or maintenance. Edge of Pavement: The bordering edge of roadway material (asphalt, macadam, marl, etc.) exclusive of curbing. 'VIAI�- �-, 1111*,-si.t-. 3 Electronic Message Board (EMB) - A portion of a permitted sign dedicated to display modification by electronic manipulation. Frontage: Frontage is that portion of a lot or parcel abutting a dedicated street For corner lots, frontage shall be measured only along the front face of that portion of the lot or parcel abutting one (1) of the dedicated streets. For an individual business in a shopping center, frontage is the front face of that portion of the building occupied by the business. Fuel Pump Signage: Signs placed on or above a fuel pump providing information to the public regarding safety, the generic type of fuel, self or full service, self-service instructions, price, octane ratings, additives or other similar information relating only to safety or method of delivery and excluding any advertising material. Hanging sign: a sign attached to and extending below a marquee, ceiling or canopy. 0 w.ot-3-1a - Frontage: Frontage is that portion of a lot or parcel abutting a dedicated street For corner lots, frontage shall be measured only along the front face of that portion of the lot or parcel abutting one (1) of the dedicated streets. For an individual business in a shopping center, frontage is the front face of that portion of the building occupied by the business. Fuel Pump Signage: Signs placed on or above a fuel pump providing information to the public regarding safety, the generic type of fuel, self or full service, self-service instructions, price, octane ratings, additives or other similar information relating only to safety or method of delivery and excluding any advertising material. Hanging sign: a sign attached to and extending below a marquee, ceiling or canopy. 0 Informational Signage: a legally required displav not exceeding two (2) square feet in area, which provides information regarding merchandise type, safety information, instructions or other information not specific to advertising (i.e. cautionary statements, legal notices, MSDS postings) Monument Sign: A ground sign which is a free standing, essentially solid monument structure, 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 the horizontal dimension of the sign face including any cabinet or any_ structure within which the sign face is located. `pit,=Il Collti-actot`L. Ci)lllillel'tt TT115 Is l-i-otmd Ct iA-1 01` `, er, Ck-'se to, t11 `,-,Ivulld These ,y III temal11 j- ,Ldate �Pms_ To the signl-lttakiti1-1 AUL?3illtililt! _ Li 11 ODLIMCI-It 'SlUll iy tliffele,lt H!, -,m i .iL 'I "I-vtllld 414,11 aittl : Tlt_ltlit{ <<i111F}(, l e t'etillr i. Mural: A work of art (as a painting) applied to and made integral with a wall or ceiling surface. Exclusive of alphanumeric characters. S111,11T OWN ilel c i S'i1111c 11l. Pi's 4dioLdd ['C: allo`i ed , Itllt i.o p 'i'l;iltit u.11i�tIC'aIi '�' L[tec E 's E Paper Sign: A shin whose display is applied to paper material. Rotating paddle signs: a propeller, or a group of Propellers, designed to rotate in the wind., Plywood sign - a free-standing, one or two-sided sign composed of sturdy materials as approved by the building official. (i.e. Plywood faces and 2A or 4A posts) Fur SJ :thl-1 \\KSHI'Status: The-rollp decided to postpone tills itell) 1111til revie«ilw the tell1l)OI-ary si-4-maue proposaL Portable Electronic Message Board/Portable Reader Board: An Electronic Message Board or a Reader Board securely mounted to a trailer. e, -t -�hd wuhl,i t"I.1111V2 hot 110t�:"k2d [,t:l WKSI-11, Status: Tht, Ull'Olip 0,-1 lizlild to poOpim,,� filk itt-no tlwil rc� iv�l hw�_, fht.L 2 Reader Board: A portion of a permitted sign dedicated to display modification by manual manipulation. Sandwich Board — a free-standing, one or two-sided sign, in the shave of an inverted "V", set upon the ground. k These , It -d J:-, JW:�U M Ult- J, - ESC lov, 1NKSHVSI'Itus:- -1 he urollp decideff !o, poi k pm)v I Ilk iteill till (if tell) porl I'N" Otrfl'�tFe Slip Sign; See bag sign Small, Lightweight Sign— a free-standing, one or two-sided sign composed of lightweight materials, including paper, cardboard, wood and metal, when attached in any way to stakes, fences or other obiects. & L -1 I:j 0 77 N� KSM, fOoo 'w ofiO ;IWO rel! Pt r t1st, 7 Spectacular Sign - A sign wired for incandescent lighting, or luminous tube lighting, or both, animated with copy action controlled by flasher circuit breakers, moving lighting, matographs, or similar devices. It includes moving and rotating signs and three-dimensional representations of humans and animals. Street: A public or private way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, boulevard, lane, place or however designated. Does not include a private drive. § 316.003(53) STREET OR HIGHWAY. -- (a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic; (b) The entire width between the boundali- lines of any privately owned way or place used for vehicular tra-,el by the owner and those having express or implied permission from the owner. but not by other persons. or any limited access road owned or controlled by a special district. tvlienever, by written agreement entered into under s (2)(b) or (3)(b). a county or municipality exercises traffic control jurisdiction over said way or place; (c) Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a county, a municipality, or a political subdivision; which area is used for vehicular traffic but which is not open for vehicular operation by the general public; or (d) Any way or place used for vehicular traffic on a controlled access basis within a mobile home park- recreation arkrecreation district which has been created under s. ' and the recreational facilities of which district are open to the general public. M. Drive, private: A private way set aside for vehicular traffic that does not exceed 200 feet in developed length and serves less than four residential, commercial or any combination of residential and commercial units. My comment: Copied from 110-1 Temporary Signage: Alphanumeric and graphic displays which are designed to be readily removable. Vehicle sign — A sign affixed or applied to and made integral with the surface of the vehicle or trailerable item. Such vehicle shall have been currently licensed in the State of Florida. The signage shall not project more than 1/8" EN KSHP Staatt'.s: The r€ tip az-�;rc:ecl that re—statist- here is c€rrtaecessal-N. since it is already Covered itl the City code, 14(m ever. Maas or Raawlels imlicasted his tiotes Nsere that the (jrollp had flecided Io lreerl this Eli=9iraiti0r). This rseed,; to be claariilecl, Visibility Triangle: A three-dimensional triangular space bounded on two sides by intersecting streets (measured from intersecting edges of Pavement) and on the third side by a straight line drawn between those lines at a point located 35 feet from their intersection; and 10 feet high. (see attached figure) aY�- Vit.-'f➢1�i�i�l�(�( Thl ,',oi I€ 40 _t. 'r ;� f•s#it..t t _9 t- .__ f•'=€ _ , ` ;! _ �.i1�i J cls 1 3-7tl.4kC1; G Changes to Purpose and scope Dilapidated signs and signs which do not meet the criteria of this code are hereby made non -conforming. Non -conforming signs shall be permitted to remain, provided the sign is not altered (other than by painting or re -facing without affecting the size and shape of the sign) or damaged beyond 50% of the value of the Men. Such altered or damaged signs shall be replaced in conformance with this code. Variance Provisions for a variance procedure would need to be inserted here. For brevity purposes I have not included them. ! I F .... Several members of the business community have requested that we provide a variance process for the sign code. 10 Changes to Exemptions: Bat! Signs — not exceeding 60 days. J, 1, k t it sill "o'cl M111 I f I i I I re!!(11alco under h— \Banners over streets for City -sponsored events The Cir h' o! 6j AiJ A settorne' e-%pre�Sed hk de'iro io look int') the collstitutionali(N of this itclli, I -lie _rriollp a'�'rced (11m. if �'MoNtcd' Ibis itell) shmild not be listed tillder if, should he listed under' perinittetl"". Bulletin Boards — not exceeding 6 s.E and not containing an Electronic Messa2 Board. NN kst1f, Status: The !4i'oup dekid'A !1, ow'tponc rhil�, Item uwil ro io.� inif du� Chalk Boards - not exceeding 6 s.E and attached to a building, IIL'SHP Status, 'I he :'g ,Iir' dlt'. ;A_ 1, $ddYa0 re, io, 111_� ; hw Flags, governmental 11 Flags, other than governmental Fuel Pump Signage Wall signage in residential districts — provided that such sign is non -illuminated and does not exceed 2 s.E in area, and is affixed flat against the exterior surface at a position not more than 2 feet distance from the main entrance of the dwelling unit. Holiday displays temporarily installed by City personnel in the Right -Of -Way 12 Informational Signage Murals - provided that such mural is approved by the Community Appearance Board. The maintenance of this artwork shall be regulated under 34-98(4). 01 fI i i.. R ? y. a , , x Change in the copy on a Reader Board, if part of a permitted sign. Change in the copy on an Electronic Message Board, if part of a permitted sign. See definition of Electronic Message Board (above) for 60 -second rile. 111w � ; Re -facing of damaged sign face - sign faces which have been damaged and are in need of repair for maintenance purposes only. Such maintenance shall not include any changes to size, shape, or structural supporting members, or alphanumeric display. Re -facing includes the removal of the sign face, repair/replacement of such face including the alphanumeric displav to the original condition, and the re- installation of the repaired/replaced sign face. IP K",Hi z i1 u,. $3 `„ Ff' , Ft, e I .ir r!- :,€j [j for 111,11weliMici:y� is[s`$scs' '.i n tn�t"L € y ;as� d ��➢i` fit"'."ftl`; oplt.?ff. `a it irM kK$fticE1R{or fF;. .. i. of Efil►rttt mF1F 3''a'2' 4FR fii *' .,e6x'� 3. ; E& _i Ez. 5X rt !p �,he vw, - g tii to t(it l. `+i2ii �IAi vn sm.$�.� � ���a��a ���._��at��►�i��t��ttet�t. t��_��:;l�atc'it�� �r4 damaged oI:NN(wlt ,,igns Ethel€i'l'ortl ,iim lKoNi€ ed that sucli maintcnmicc results in the restoration of ;el����s�_ta�ttt���tie` cliltrtctei-s. colons and disp)laNs to their originalh al)Iwov eel couelitiont kemoN �,d and re-ittstallatiott of nou-sti-ucturtil elements in SupI)oIrt r►ece_ssal-N_cltatt2e of<rtltll-i!ss disl,l.o sli all he ivatfideo-cel _Maintenance does not inchide .111N..Ate_r ltio _ toe..�i-ze.balle � l-IICIIts e1 Support (it, 'a1 1,11m meric ltzt t-�tt'€et�E , Water -going vessels Legal notices and identification, information or directional signs erected in the public right of way, which are required or sponsored by governmental bodies, including signs erected or placed by the City, County of Brevard, or the State of Florida, when not exceeding thirty-two (32) square feet. Such signage shall not inhibit vehicular traffic or visibility. An increase in size may be approved by the City Manager or designee as necessary to protect the health, safety, and welfare of the public during a civil emergency as defined in sec. 18-1. i 14 Disaster -relief temporary signage: Property owners suffering sign damage from a fire or civil emergency shall be allowed a number of permitted temporary signs equal to the number of permitted signs damaged. Banners, Sandwich Board Signs and Small, lightweight Signs shall be exempt from permitting following a fire or a civil emergency as defined in sec. 18-1. The temporary signage shall be removed within 365 days of the event unless extended by permit or Citv Council. The temporary signage shall be removed when the sign repairs are completed. Vehicle signs — provided that such signage not project from or increase the size of the vehicle. Exposed electrical discharge liAtin Accent lighting - rt 15 Prohibited Signs and Features: Balloons Bullseve, divergent, sequential or flashing lights designed to focus attention to a Single point. I SH Paper signs Signs or Merchandise displays in the City Right of Way. \N N.Slt 1, St<#ms: t dst iwljk4 or i,,r tllalt tEli item %:i,� disois�ed, E€ ;fiEtild¢e{icialtt t# dim slit- had i)# c:� ifs##s1 �Jvvfl an indication @hitt 'Alt, N%4,i lr.i 1115,e ht� €` kl`pt#t s€l this item, The ', [jrotlp decided t(# l)t>kt(sto-t#r.' g,��s��,..;<#.E :,# iia; �,,:1 #t � # ¢;ttTtC:€��{titr) Ra atl?l€)$t• Signs on seawalls and retaining walls. No sign shall be attached to or painted on seawalls fronting the Atlantic Ocean or on seawalls or retaining walls bordering any watercourse, nor on any body of water, canal, or waterway. 16 Flags and pennants that are not governmental in origin Flags in residential areas shall not be considered signs. Immoral display: No sign shall be erected which displays any statement, work, character or illustration of an obscene, indecent or immoral nature, and which shall violate accepted community standards. The building official shall use the following criteria in making a determination of a violation of accepted community standards: The sale, allocation, consignment, distribution, dissemination, advertisement, exhibition, or display of obscene material, or the preparation, manufacture, publication, or printing of obscene material for sale, allocation, consignment, distribution, advertisement, exhibition, or display. F� 1% SI I stI the ii, LtloI'll e is floc 'vt.46 Ictt3 t ?¢� Rotatingpaddle signs. Spectacular signs, including signs utilizing flashing or intermittent lighting, with the exception of changeable message boards showing time and/or temperature, or a single frame message displayed in any one (1) minute period. f �i €t 1.1 F�lfi Eb 11 �2i_ Sa.-� ,..=t•-4€ _. x.- E >;.. � ,x `F �„. *EPzir §`�� - >�� ae t' S` .. lilt' N 17 No sign shall be erected or maintained by any location, where by reason of position, illumination, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic signal, sign or device. Nor shall it make use of the words "STOP", "LOOK", "DANGER", or any word, phrase, symbol or character in such manner as to interfere with or confuse traffic. No sign of any description shall be erected or placed in any location where its presence will interfere with clear sight distances of either motor vehicles or pedestrian traffic. The above standards shall be applied as determined by the City Manager or his designee. k� s `•1 t5t t.€?`,, iRt"szv ,, ?. "„ €' ;1 € a`;E i..' :s? `4im`H €hc $ fix 01 i{F F ! Any sign which is not specifically permitted by this chapter is prohibited. Maintenance, notice to repair All signs, together with their supports and associated hardware, shall be erected placed and maintained in a state of good and safe repair, shall comply with the appropriate electrical and building code requirements of the City and, if of painted materials in whole or part, shall be kept well -painted. Such painted sign shall be repainted whenever the paint is peeled, blistered, or faded. The area immediately surrounding ground signs shall be maintained in accordance with sec 34-91(a) (1). ARTICLE II PERMITS AND INSPECTONS Permit required Except as otherwise provided in this chapter, it shall be unlawful for any person to alter per, erect, construct, enlarge, move or make structural alternations to 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 age ef eepy en a sign for- the repainting, eleaning and ether- normal fnaintenanee or- Fepair- ef a IF Permitted signs The following signs are permitted under this code upon issuance of a permit: • Awning or Canopy Sign - The area calculation shall be included in the total allowable wall signage. Address numbers on canopies and awnings shall not be considered as a portion of allowable sign footage. • Ground Sign — such sign may include a Reader Board or Electronic Message Board. • Hanging sign — shall be composed of sturdy materials as approved by the building official, shall not protrude into the required egress height. The area calculation shall be included in the total allowable wall signage. • Roof sign ,lSUP '# #1<: �Ik" s v ## } a z$a+'tE t`? "eas #{ • Signs consisting of an arrangement of a group of single cutout letters when securely fastened to a building or structural part of a building, in accordance with section 94-96, 94-97 and 94-98; • Temporary sign — see table below for regulations. 19 • Wall Sign — such sign may include a Reader Board or Electronic Message Board. Illuminated neon and/or fluorescent lighting or incandescent tubing, is permitted for wall signs located in C1, C2, and M1 zoning districts Application for permit; review time limits; Community Appearance Board; enzineerin� Application for a permit required under this article shall be made upon forms provided by the building department and shall contain or have attached the information required on the form. The building official shall grant or deny the sign permit application within forty-five (45) days from the date that a completed application was filed with the City. All signs subject to the review provisions of Chapter 22, Article III, Community Appearance Board shall be completed within the forty-five (45) day limitation P- , To insure compliance with applicable building codes applications for signs may require engineered drawings, as determined by the building official Such applications shall include construction and installation plans signed and sealed by a Florida registered professional engineer indicating that the sign structure has been designed to withstand the minimum design criteria required by the building code adopted in Ch. 82. Issuance of permit 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 Perform a plan review and subsequently issue a permit if such application is found to be in compliance with the requirements of this chapter and all applicable technical and City codes , the proposed nd the premises. (a) No sign shall be approved for use, or alterations allowed, until it has been inspected by the Building Official and found to be in compliance with the requirements of this chapter and all applicable technical and City codes 20 Fees 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. The Building Official, at his sole discretion, may waive permitting fees for the modification or replacement of a non -conforming sign, provided that such modification or replacement renders the sign conforming. SAF. ....... .. .... Criteria and standards for measurement and Macement. Ground signs shall not be located closer than_ei2ht (8) feet to a property line which abuts another parcel. No ground sign may be placed so as to constitute a public safety hazard as determined by the building official. Ground signs shall not be placed in the Clear Height Setback or Visibility Triangle. -exception: a single pole supporting a ground sign, Such pole shall not exceed 6" in diameter. No reader board electronic message board or sin that allows interchangeable letters or message shall be larger than thirty-two (32) square feet. Temporary signage may have one or two faces; shall be placed wholly within the boundaries of private property, except that no temporary sign shall be placed within the visibility triangle or within 6' of the City Right of Way or closer than eight (8) feet to a property line which abuts another parcel; shall not be placed in a manner 21 3 F t Temporary signage may have one or two faces; shall be placed wholly within the boundaries of private property, except that no temporary sign shall be placed within the visibility triangle or within 6' of the City Right of Way or closer than eight (8) feet to a property line which abuts another parcel; shall not be placed in a manner 21 that will cause obstruction to pedestrian or automotive traffic in the City Right of Way; and shall not be artificially illuminated. 22 R -I R-2 R-3, C-1, C-2. M-1 SHOPPING AUT—f'x01WO WE TYPE OF SIGN MUTLI-TENANT SERVICE CENTERS ^�- T-ION—�-G- STAT-ION-9-C— AM" ANY DISTRICT -1 .rr rvxa-rNo- -]-vim,.: r�:,,4s-icA Pet: p- n' -..n44 r New - 1t a- 4L t Exceptions -Motes Prollib Appl\- to Multi-ta11lll\ only. Two of the fool ,.,-in? thtee t' tt t t ' t PeF fafeel For ground & \gall signs ited Signs shall be located near the x)int of street access. Grotuid Signs Max No. 1 per street I per street tlontaLe Wfie OR PFii aPr frontage Stf ..tfftaL-�� Mas Area Max 2-5-i Heidit ? 30 - Max Width Hem atiow T=, wi No -I- 4- 4 - Will Sig Mas No. I I on maul 1 on uiaill } structlrre structnre PeFpei-ld: la - to ..t eet 1 , „i, ��_:- �-mss ed f th., �,.�� .,4e 1 ff teflafitspaee Max Area s.f. 5Os.t: 121s.f. LSE 22 T1 i � 4 •. , , $) t _ � � t . � e ; , _ _ -. a _- - _. a 23 Temporary signage must comply with the following: Type Max # Max. Size Max. Height Max. Duration Notes Banner 1 100 S.f. No greater flum the 3 30 days;twice per Restricted to C1, C'and heiAt of the structure it is, year. MI zoning districts. suspended from - Plywood l 32 s.f. per 15' 180 days, once per Restricted to vacmit- mumproved faceyear. pfoj­vtt�- m ui-,- zoi"g district or under propet-ties which are an active redevelopment permit in alIN- Zoning district. Portable I 32 s.f per side 8' 15 days, four times Restricted to C1, C2 and Electronic Two sides per year. MI zoning districts. Message/Reader boards Sandwich 1 8 s.f per face 5' Two days-, once per Restricted to Cl, C2 and Board week. MI zoning districts. WKSMI Stalw_ Small, 1 2 s.f per face 5' Two days, once per Allowed in any zoning lightweight week. district. May not be, on utility poles. V� IN -1 0, Willing to pay a permit fee to have temporary signs. They will stay on private property and not in the visibility triangle, 24 F. Signs General Requirements *All signs shall be subject to a Discretionary Aesthetic Appropriateness Review by the DRC in order that signs are consistent and in harmony with the Winter Springs Town Center. The DRC shall use graphics in this section as non- binding guidelines, but shall make a detennination of appropriateness on a case by case basis. *Signs shall be flat against the facade, mounted projecting from the facade, or mounted above the top of the facade. Free standing monument signs are permitted by special exception along State Road 434 frontage. *Signs shall be externally lit. Individual letters and symbols may be internally lit or back -lit. 2. Finish Materials *Wood: painted or natural *Metal: copper, brass, galvanized steel *Painted Canvas *Neon *Paintlengraved directly on facade surface 3. Configurations *Maximum gross area of signs on a given facade shall not exceed 10% of the applicant's facade area. *Maximum area of any single sign mounted perpendicular to a given facade shall not exceed 10 square feet. *Signs shall maintain a minimum clear height Desirable Signs are coordinated in size and placement with the building and storefront Undesirable Building sign conceals the cornice Over -varied sign shapes create visual confusion Awning sign covers the masonry piers Sale sign too large for storefront and poorly placed in display window Examples of Signs Flat Against the Facade: Town Center District Code Page 32 Examples of Signs Mounted Projecting from the Facade: Examples of Signs Mounted Above the Top of the Facade: Town Center District Code Page 33 ORDINANCE NO. 2006-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE III OF CHAPTER 16 OF THE CODE OF ORDINANCES RELATED TO SIGNS; AMENDING SECTION 20470 RELATED TO SIGNS IN THE S.R. 434 NEW DEVELOPMENT AREA; AMENDING SECTION 20-486 RELATED TO SIGNS IN THE S.R. 434 REDEVELOPMENT AREA; AMENDING 20-337 RELATED TO SIGNS IN THE GREENEWAY INTERCHANGE DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, 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 'AMEREAS, through the enactment of this Ordinance, the City Commission desires to preserve and improve the quality of urban life and aesthetics within the City of Winter Springs. 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 Commission finds that the limitations on signage within the City of Winter Springs, 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 grinds; and WHEREAS, the City Commission 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 Assn of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglasville, Ga., 975 F. 2d 1505 (1 Yb Cir. 1992); and )VIIEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter City of Winter Springs Ordinance 2006-18 Page i of 49 Springs. NOW, THEREFORE, THE CITY COMNIISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Amendment to Chapter 16, Article III, Signs, of the City Code. The City of Winter Springs Code of Ordinances, Chapter 16, Article III, Signs, is hereby amended as follows: (underlined type indicates additions and strikeottt type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 16, Article III. It is intended that the text in Chapter 16, Article III denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 16. SIGNS AND ADVERTISING ARTICLE III. SIGNS DIVISION 1. GENERALLY Sec. 16-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Balloon display is anyballoon anchored on private property for the purpose of advertisement. Banner is any strip of cloth, plastic or other flexible material on which a sign is printed, painted, or otherwise displayed. Bench sign is any sign which displays advertising or which is intended for the display of advertising and when such benches are to be located on the public way or when such benches are to be located on private property but the advertising is intended to be viewed from the public way. Bus stop shelter sign is any sign located on any part of the surface of a bus stop shelter. Contractor. - City of Winter Springs Ordinance 2006-18 Page 2 of 49 It\�PA1 Jam' • • • ••• ■ •t 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 sim shall be calculated within the smallest regular geometric figure needed to encompass the sign display. 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 Ionizer sold mon the premises where the sign is located. Electronic signs shall mean a sign on which the copy changes automatically by electronic means. Freestanding sign is any mobile or portable sign or sign structure not securely attached to the ground or to any other structure. This definition shall not include trailer signs. Groundsign. A sismy�,holly indgpendent of any building for smpport which is placed upon A 001. - I 1 -1 Hazardous sign is any sign which constitutes a traffic 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. No sign may tisc the words PStop", "boult", "Drivc-lrr"' "Bmrgm," ar any other word, phrase, syarbol, or chatactc, �x such • City of Winter Springs Ordinance 2006-18 Page 3 of 49 Height ofSign or Height shall mean the distance between the top of a sign and the average finished grade elevation of the base of the sign. ideldificat., -1. —*,6'. iQ cut sign viifich indicates the narne of the tise, owmer, activity, b=i=ss located vu the s=c pioparty which is idelitified. Mai kzti�zgli cui estate. For ffiv. ptnijuse of these design standards, marketing signs shall meazi , eiccted or maintained upon: zu, indi-vidtmil site or upon "LI.Y LL"Fl U V ,LLL=t on individwd sites wffich airt infbrmation relating to the markcting of space or building(s) un the s*ect . Nonconforming sign is any sign which was lawfully existing in the City before the adoption of this article or amendments to this article or other applicable city code. that does not comply with the requirements of this article or amendments to this article or other Mlicable code. dues no . Obscene sign is any signwhich is deemed obscene pursuant to the Florida and United States Constitution . ' I-, . On-Premises Sign shall mean a sign (1) identifying an actizrity 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 two. Off-Premises Sign shall mean 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. - o Pole sign is a around sign supported by poles. uprights, or braces. which are not concealed in an enclosed base. but are permanently placed on or in the ground and wholly independent of any building for support. ectcd by a candidatc, ,state,and fedcral arry-Si6li fol 01. O Right-of-way is any land designated as city, county. state, or federal roadway and private roadways..that area adjacent to state, cotmty, easements. City of Winter Springs Ordinance 2006-18 Page 4 of 49 Se, vi,e chibsign is any iogo, sign cd Ric 1nationaByb is to be connted as part of permitted sign as to height and size. Roof Sian shall mean any sign erected or installed upon a roof of anv building or structure. Signs sha11 mean any surface fabric device or display whether illuminated or non- illuminated designed to identify, announce direct or inform and can be seen off-site -all-namcs V ' etected or maintained apon 1 vTdtrIi Snipe sign is any sign of any material whatsoever that is attached in anyway to a utilitypole, tree or any object located or situated on a public road right-of-way. or any sign which is installed on property without the permission of the proverty owner. Spot or searchlight is any apparatus designed to project a beam of light for the purpose of advertisement during hours of darkness. Temporary Sian shall mean a sign displayed before during or after an event or occurrence scheduled at a specific time and glace. inclusive for example. for rent signs for sale. construction signs real estate signs. management signs. Trailer sign is any sign mounted on a vehicle normally licensed by the state as a trailer and used for advertising or promotional purposes. Sec. 16-52. Purpose and intent. b L business and industrial meas throughout V intended, f mitich Vcy zue apparten.iF) but Ilut. 16W the intended PLUFVO,identificationvi . (a) The purpose of this article is to regulate the number size tvoe 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 nrovidmg for the health. safety and welfare of the public by reducing the adverse effects of signs on safety. nronerty values. traffic and the eri ovment of the scenic beauty of the City. These regulations are intended to avoid City of winter Springs Ordinance 2006-18 Page 5 of 49 excessive competition and clutter among sign displays in the demand for public attention. eliminate dangerous dilapidated and unsightly signs and Rrovide 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. ,Ub Forpurposes of this article, any lawful sign may display a noncommercial message in addition to. or in lieu of. My other message. All noncommercial speech shall be deemed to be on- premises. Nothing in this article shall be construed to regulate the content of the message displaved on anv sign. See. 16-53. Building permit required. No person shall erect, alter, repair replace. or relocate within the City any sign, except as notrd belrnv provided in section 16-55, without first obtaining a building permit for such work firom No permit shall be issued until the Citybuilding dcpmrtrnent determines that such work is in accordance with the requirements contained in this article, and ffic buil ing such work will not violate the building_cr electrical. aesthetic or other codes of the city. A sticker, provided by the City building deym tient; showing the permit number and date of expiration of the permit. if anv, shall be displayed on each permitted sign. See. 16-54. Applications; Permit fees: Review Period: Approval Criteria. Appeals. (a) All sign permit aDI21ications shall be filed on forms supplied by the City. 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. (66) The We of sign square footage design sign area, height location and fully dimensioned elevation drawinss of the sign or situ 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 City of winter Springs Ordinance 2006-18 Page 6 of 49 address of the electrical contractor accompanied by the appropriate electrical permit application (t) Written permission of the property oumer 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, parking areas and location of all existing and proposed signs 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 lupe 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. A permit fee schedule shall be established by resolution of the city commission. All sign permit applications shall be accompanied b the appropriate sign permit fee. (c) Upon receipt of a completed sign permit application and upon payment of the appropriate sign permit fee by the applicant, the City shall conduct review of the application, the proposed sign and the premises. The Cijy shall grant or deny the sign permit application within forty-five (45) days from the date the application and application fee were filed with the City, unless aesthetic review of the proposed sign is required under section 9-600 et seq., then si= (60) days, or as provided in subsection (h) below. (d) If after review and payment of the permit fee required herein, the City determines that the application meets the requirements contained in the sign code and determines that the proposed sign will not violate any applicable building. electrical. aesthetic or other adopted codes of the City, the City shall issue the permit. (e) If, after review as required herein, the City determines that one or more reasons for denial exist, the permit application shall be denied and the City shall report in writing the denial and the reasons therefore to the applicant. The application shall be denied if one or more of the following reasons are found to exist: (i) The application does not comply with the requirements of this article: or (ii) The application violates anygpplicable building. electrical. aesthetic or other adopted code of the Citv. City of Winter Springs Ordinance 2006-18 Page 7 of 49 (f) AU person denied a sign permit for a sign or an extension of existing sign permit may file a written appeal of the building department's decision to the city commission within ten (10) calendar days after receipt ofthe written decision to deny the permit. The city commission shall hear and decide the appeal de novo within thirty (30) days of the filing of the appeal The city commission's decision shall be considered final and may be appealed to a court of competent jurisdiction. (g)Sim permits shall expire one hundred and eighty (180) days after the date of issuance unless the permitted sign is certified as complete by the City before the expiration of the 180 days The building department, or the city commission on appeal of abuilding department decision to deny an extension. may grant one reasonable extension for a period of time not to exceed ninety (90) days upon a showing by the permittee of good cause. (h) Notwithstanding any contrary sign application requirements contained in this section. any person may request that a si gn or signs be approved as part of an overall proposed development plan for a particular land development proiect. 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. See. 16-55. Exemptions from permit requirements. (a) The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: VIM • • • • • • t .t •• ! ■ •■t • • t • • • • •• • ■ t •t (4 1) 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 , mifroad crossing signs, o , erneigency, vi 110TIadveilishir, 01*61LO as may be appio-red by the city co City of Winter Springs Ordinance 2006-18 Page 8 of 49 Rent" property sign per pwcei of has mi ai ea: pet ftee of nut more thmi six (6) square V . (63 identffi cation signs at the entrance diiveof csidences, estates, =d ) (7) Nonadvertising directional signs o, symbuls ("E-1. ) > )tt )tt ) t property, each nut to excced fbur (4) square • 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. (3� Signs wholly within a building or enclosed space, excluding window signs which are further regulated herein. One sign or cornerstone per building. when cut into any masonry surface or when constructed of bronze or other incombustible materials and fully and permanently incorporated into the surface of the building. (5) Window signs located on the inside of the building provided the size of the sign shall not exceed four (4) square feet of copy area and the total window copy area shall not exceed twenty (20) Rercent of the total window glass area for each side of the building or unit thereof. Further. the square foota¢e of the window signs. 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. (661, Temporary signs that do not exceed six (6) square feet, provided the signs meet the requirements set forth in sections 16-59 and 16-60. For 911 and emergency response purposes signage identifying the address of the property, which shall be located in aplace that is clearly visible from the rit-of-way. •. .... ..... • Msa .... ■ . . 181"off. •R ■•. ■ .t• ■t .[■ .t ■ • to • • ■ • •! • • ■ • City of Winter Springs Ordinance 2006-18 Page 9 of 49 b b directoragency or nianag�� Sec. 16-56. Nonconforming signs. Unless otherwise I?rovided in this article nonconforming signs shall be subject to Chapter 9. Article Xl. Nonconformities. wims AN. - .: I.L.Xvj ul.. Was I M. :. .. . A. . - a■ . . -. . ...... . . . -. . ..wn 576773 mT-2t7;;;,3_ 77 pusill, inmiediate- ...vaiby ■. • ■ • Of ■ . •M -N-VOILIKSOf Prohibited • 1 The following signs are hereby prohibited: (1) Snipe signs and signs attached to trees; (2) Freestanding signs; (3) Obscene signs; (4) Hazardous signs; (5) Electronic signs. animated signs or signs of a Eflashing, running or revolving nature ,M; City of Winter Springs Ordinance 2006-18 Page 10 of 49 (6) Bus stop shelter signs; (7) Any sign placed on public right-of-way that does not constitute a bona fide traffic control device installed for the safety of pedestrians and vehicles: - , (8) Balloon displays; (9) Spot or search lights; (10) Trailer signs; (11) Off -premises signs: -167; (12) Unless otherwise expressly authorized by the City Code, signs with exposed neon tubing. The use of neon tubing to outline buildings, windows or doors shall be prohibited. However, window signs may utilize exposed neon tubing for the advertising of products or services provided the size of the sign is less than or equal to four (4) square feet; (13) Backlit awning signs; 14 Discontinued aims: Roof signs: (lam Pole signs: (17) Signs attached to temporary structures. 18 Window signs not meeting the requirements of section 16-55(a)(5). City Code; (19) Sims located or erected on an inoperable or unlicensed motor vehicle and visible from the right-of-way or adjacent property: Sims located or erected on a parked motor vehicle which are intended primarily for displgy purposes and not regularly used for transportation purposes and which are visible from the right-of-way or adjacent property: Sims painted directly on any exterior wall unless located on oroperty zoned commercial or industrial and such Bien is approved by the city commission m accordance with the aesthetic review procedures set forth in section 9 -600 -et seg. - City of winter Springs Ordinance 2006-18 Page 11 of 49 22 Hazardous sign; and 223,I Any sign not expressly authorized under the Qy Code. Sec. 16-58. Waiver Variances. AU property owner may request a waiver from the provisions of this article by submitting an application which specifies in detail each provision of this article to whicb the property owner seeks a waiver. The waiver application shall be approved or denied in accordance with the criteria and procedures set forth in section 20-34 City Code. However. a waiver shall not be permitted from the provisions of sections 16-56 and 16-57. Variances 26-82 and 28-83 of the eity 6,,de. -Decisions made by the site plan. eview bowd LIA"J .-PP-Q.-d tu V City, COUTILIA03lull1 4s of the eity ecde. (c) Bceibivrts made by the staffre-vim may be, appealed Imrsttalit to 1 - 1 L 5 utim L Sec. 16-59. Construction and Maintenance Standards. (a) 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. All cony area shall be maintained so as to be legible and complete. LQ All signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition. Damaged faces or structural member shall be promptly repaired. Le� Electrical systems fasteners. and the sign and structure as a whole shall be maintained at all times in a safe condition. jfl Temporary signs 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 withinthe City. Cardboard and paper faced temporary signs are strictly prohibited unless it is safely fastened. in its entirety. to City of Winter Springs Ordinance 2006-18 Page 12 of 49 a backine made of material set forth in this section. Sec. 16-60. Supplemental Temporary Sign Requirements. In addition to any other applicable provision of this article and code. the following minimum standards shall apply to all temporary signs: (a) 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). (b) On property zoned residential or used for residential purposes. no temporary sign shall exceed six (6) square feet and the total number of teMporgy signs on any one residential property shall not exceed four (4). u On property zoned other than residential or used for non-residential purposes. no temporary sign shall exceed nine (9) square feet and the total number of temporary signs on any one non-residential property shall not exceed thirty-six (36) square feet. If the temporary sign is a ground sign the maximum height of any such sign shall be four (4) feet on property zoned or used for residential purposes. or eight (8) feet on any non-residential property. (e) Such signs shall also meet the following minimum standards: (a) the sign must be at least five (5) feet from any right-of-way: (b) the sign must be at least ten (10) feet from side and rear properh, lines: (c) the sign shall not be illuminated. ff) Upon issuance of a building permit areas under development pursuant to an existing development order approved by the City shall be permitted one (1) additional non -illuminated t=oraa sign not to exceed a sign area of sixteen (116) square feet and six (6) feet in height for a single family lot or thirty-two (32) square feet and ten (10) feet for multi -family. commercial. industrial. and institutional development proiects Signs permitted hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked. All signs shall be removed when the project has been completed. suaRended or abandoned for at least three (3) months. Sec. 16-61 911 Emergency Response System For 911 and emergencyresponse 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 incomorated into the signage permitted for the property with numerals/letters a minimum City of winter Springs Ordinance 2006-18 Pa -Ce 13 of49 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 vard. provided the sign is visible from the public or private street The address shall not be counted against allowable copy area. 16-62-16.75. Reserved. DIVISION. 2 STANDARDS Sec. 16-76. Generally. All signs shall be maintained in original condition and maintained in accordance with any permitted condition. No sign shall be placed in a city -controlled right-of-way with the exception of diiectionaisia authorized traffic control devices. Any sign erected on private property that exceeds six (6) square feet in area requires the payment of a fee to and a permit from the building department, and shall display an official city sticker showing the permit date and any expiration thereof of expiration. No sign shall obstruct the sight of any roadway or driveway intersection or approach between two (2) feet and five (5) feet from ground level. Sec. 16-77. Outdoor display billboards--Off-premises signs prohibited. (a) eff­pmrrdats ' as yd in this section, shall inemi =y sigir, display U, r which ad-VeLL'i—Q VI UUJ�j M ise idcntifics an activity which is nut conducted v, yrudttc� u, services which wenot availabfe un the lixemises where the sign is iocated; except tile IIILIn sign,Soverummitai body a, a govermncrital agency, o, (H5 any residential subdivision vvbici (b a) Other than as provided within this section, off -premises signs are strictly prohibited within the City of Winter Springs. (ch) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the contrary, from and after the effective date of Ord. No. 2001-50 [Oct. 22, 20011, the total number of outdoor off -premises signs located in the incorporated areas of the city shall be limited as hereafter specified. (d c) The initial limitation on outdoor off -premises signs are the five (5) outdoor off - premises sign structures (hereinafter referred to as "Existing Structure(s)") currently existing in the incorporated areas of the city (the "Existing Structures"). An inventory of these existing structures dated October 22, 2001, is filed in the community development department and is incorporated herein by this reference. City of Winter Springs Ordinance 2006-18 Page 14 of 49 (c d) The limit stated in subsection (d c) above may only be increased by the number of lawfully existing off -premise sign structures within unincorporated areas of Seminole County which are annexed by the City of Winter Springs. Contemporaneously with annexation the city shall conduct a survey of all existing off -premise sign structures within the annexed portions of unincorporated Seminole County. The inventory of existing structures, on file with the community development department, shall be amended by resolution of the city commission to include the addition of legally existing off -premise sign structures. (f e) The limit stated in subsection (d c) above, as may be amended by subsection (c d), shall be correspondingly reduced upon the occurrence of any of the following: (1) An existing structure is removed incident to a road widening or other public works project; and (2) An existing structure is removed incident to the development or redevelopment of the property upon which the existing structure is located; or (3) An existing structure is removed incident to the expiration of the lease or other agreement authorizing placement of the existing structure on the property. (4) An existing structure which is non -conforming due to zoning is removed due to destruction, damage or other casualty which results in destruction of fifty (50) percent or more of the support structure for or of fifty (50) percent or more of the face of the sign. (5) An existing structure is removed or dismantled by fifty (50) percent or more of the support structure or fifty (50) percent or more of the face of the sign. (6) By the terms and conditions of a development agreement with the city, except that any development agreement after the effective date of this section shall not allow the removal of an existing structure later than the time that would otherwise be provided by this section. Any existing structure subject to a development agreement with the city prior to the effective date to this section shall be exempt from the provisions of this subsection (f e) and shall be removed in accordance with the terms of the development agreement. (g D At any point in time the then current limit on the number of outdoor off -premises signs located in the incorporated areas of the city shall be the initial limit specified in subsection (d c) and as amended by subsection (e d) above less the total number of existing structures which have been removed as specified in subsection (f e) above. (h g) In addition to the limitation specified above, there is hereby imposed a limitation City of Winter Springs Ordinance 2006-18 page 15 of 49 upon the number, size and orientation of the sign faces located upon the existing structures. From and after the effective date of Ord. No. 2001-50 [Oct. 22, 2001], the number of sign faces on an existing structure may not be increased, either by adding an additional face oriented in a different direction or by changing the display mechanism to permit the display of multiple signs on a single sign face. From and after the effective date of this Ord. No. 2001-50, no sign face on an existing structure may be increased in size and the orientation of each sign face located upon an existing structure may not be changed. (i h) Except for an existing structure which is non -conforming (which cannot be replaced), an existing structure damaged or destroyed by flood, fire, earthquake, war, riot, act of God or other similar casualty loss may be reconstructed in the same location with the same (or smaller or fewer, as the case maybe) size and number of sign faces. An existing structure may not be relocated to another location. (T i) Except as specifically authorized by permit issued bythe State of Florida Department of Transportation or as required by specific state statute, no trees or vegetation shall be removed or trimmed from the property upon which an outdoor off -premises sign is located or from property adjacent thereto in order to enhance the visibility of the outdoor off - premises sign. (k j) In connection with any off -premise s signs which are erected or constructed in violation of the provisions of this section, each day that said sign remains erected in violation of this section shall constitute a separate violation and each person responsible for erecting or constructing such off -premises sign, including but not limited to the real property owner, shall pay the city a penalty of five hundred dollars ($500.00) per day until the off -premises sign is removed. See. 16-78. Same—On-premises signs. (a) Any outdoor advertising display/billboard on -premises sign attached to a building shall have a total allowable copy area, ' f one (1) square foot for each lineal foot of store frontage. (b) Such signs not attached to a building shall be placed not less than twenty-five (25) feet from any intersection, with a maximum copy area of thirty-two (32) square feet on each side. Double -sided or "V" signs are permissible provided they are constructed with an inner angle not to exceed thirty (30) degrees. The maximum height of a sign shall not exceed twelve (121 feet unless otherwise Mressly provided in this article. (c) Signs not attached to a building, proposed as part of a development plan, may shah be reviewed and approved at the applicant's request in conjunction with the City's site plan and sign permit review proces 1 City of winter Springs Ordinance 2006-18 Page 16 of 49 dming initial site plan ,-v- If the sign is not proposed during the site plan review process. a separate sign permit application shall be required under this article See. 16-79. Supplemental Sign Regulations Reserved. All sians shall also comply with other applicable supplemental sign regulations including. but not limited to. the S.R. 434 Corridor Regulations. Town Center District Code and Minimum Community Appearance and Aesthetic Review Standards set forth in section 9-600 et seq. t • ■ :• •■ t - t •all - � • • ■r.■ 1 :1 - - 1 .• • - • Mm ■ n ■■ It ■■t • • ■ •■ tt �• • � ■ • ■■ :■■ � ■ w 1lA � t - tl■t - • ■ ■ ■ NINE .• •• ■ • ■ : • ■ • ■ ■ Mow J t • • -BRINONFRE&M IN t • ■ :• •■ t - t •all - � • • ■r.■ 1 :1 - - 1 .• • - • - • . ■■ It ■■t • • ■ •■ tt �• • � ■ • ■■ :■■ � ■ w 1lA � t - tl■t - • City of Winter Springs Ordinance 2006-18 Page 17 of 49 Fli " 1 i t ■ 1 • J•A .■ • ■ • ■ ■■ •1t • ■ . • • ■ ■ • ■ • • • • : Min■ • • • ■ - • ■ cr • • • :■ • • • • It ■ • ■■ • dctcnninewsize■ i • • 16-85. Bench signs. A franchise agreement between the city and the applicant shall be required before bench signs franchise i6-86. identification 1 •:i ALWIRINis City of Winter Springs Ordinance 2006-18 Page 18 of 49 See. 16-87. Banners. A maximum of one (1) on -premises banner sign may be erected on commercial industrial or multi -family zoned propertyprovided that the banner does not exceed sixty-four (64) square feet and is not erected for more than fourteen (14) calendar dans during any one calendar year. A maximum of one (1) on -premises banner sign may erected on property zoned residential provided the banner does not exceed twenty-four (24) square feet and is not erected for more than three (3) calendar days during anv one calendar year. All banner signs shall be securelv fastened to a structure in a manner to withstand weather elements commonly experienced by the City. valid V Td2yT. Sec. 16-88. Weather. All nonpermanent signs shall be moved to a secure location upon a warning of high winds or hurricane by the National Weather Service. Sec. 16-89. Enforcement. �a) Removal of signs. Private signs on public property or public rights-of-wav maybe removed by the Citv 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 person maintaining the sign. shall. upon receipt of written notification from the Building Official or Code Enforcement Officer. immediately secure the sign, cause it to be g_laced in good repair or remove the sign. (c) Removal of illegally erected signs. The owner. owner's agent, or person in control. of any property where anillegally erected sign is located shall have the sign immediately removed. Ud 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. (e) Emergencies. In the case of emergency situations, the city manager or the city manager's designee is hereby authorized to take such steps that may be necessary to secure or remove signage that poses a threat to the public health, safety. and welfare. See. 16-90. Implied Consent. Any person alp -plying for, and the property owner upon which the sign will be erected, and receiving City of Winter Springs Ordinance 2006-18 Page 19 of 49 a permit for any sign hereby consents to the following: LD consents to complying with all provisions of this code, and (,2) consents for City officials to come on private property to inspect all sjgnage and to remove illegally erected signs upon reasonable advanced notice by the city. Sec. 16-91. Viewpoint 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. Sec. 16-92. Severabili (a) General If any partsection subsection, paragraph subparagraph, sentence phrase clause term or word of this article or any other supplemental sign regulation set forth in section 16-79 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 article or any other supplemental sign regulation. (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 article or anv other supplemental sign regulation set forth in section 16-79 this article or any supplemental sim regulation, or anv adopting ordinance thereof. if M Dartsection, subsection_ paragraph, subparagraph. sentence phrase clause term. or word of this article or supplemental sian regulation is declared unconstitutional by the valid iudment or decree of anv court of competent jurisdiction the declaration of such unconstitutionality shall not affect anv other part. section, subsection paragraph subparagraph sentence phrase clause term, or word of this article or supplemental si gn regulation, even if such severability would result in a situation where there would be less speech whether by subjeLctingpreviously exempt situs to permitting or othtnvise. CO Severability of provisions pertaining to Drohibited signs Without diminishing or limiting in any wgy the declaration of severability set forth above in subsection (a) or elsewhere in this article or other supplemental sign regulation set forth in section 16-79 or any adopting ordinance thereof if anv part section subsection.paragraph subparagraph sentence phrase clause term. or word of this article or any supplemental sign regulation or any other law is declared unconstitutional by the valid judgment or decree of anv 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 or supplemental City of Winter Springs Ordinance 2006-18 Page 20 of 49 situ regulation that pertains to prohibited signs including specifically those signs and sign -types prohibited and not allowed under sectionl6-57 of this article Furthermore, if any part, section, subsection, paragraph, subparagraph sentence phrase clause term, or word of section 16-57 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 Dartsection, subsection, paragraph subparagraph sentence phrase clause. term. or word of section 16-57. (d) Severability of prohibition on Qf Premises Stens If any Dart section. subsection, paragraph subparagraph sentence._phrase clause term or word of this article. supplemental sign regulation set forth in section 16-79 and/or any other Code provisions and/or Jaws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction the declaration of such unconstitutionaliiy shall not affect the prohibition on off - premises signs as contained in this article and Code. Section 3. Amendment to Section 20470, City Code. The City of Winter Springs Code of Ordinances, Section 20-470, is hereby amended as follows: (`undzrlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Section 20-470. It is intended that the text in Section 20-470 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 20. ZONING ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA Sec. 20-470. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the destga2cvieroboard ci1Y commission if such signs or sign elements are visible from adjacent properties or a street right-of-way. (1) Ground mounted multi -tenant sign: For each multi -tenant development under separate ownership, one (1) wide -based monument style, permanent sign with landscaped bas the devc op=erit-shall be permitted. For developments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign may be permitted. The City of winter Springs Ordinance 2006-I8 Page 21 of 49 minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only be reserved for the tenants' on:premises use a-dvertisc the nw., Of tile ../ ...tcorporation. ■ ■ ■ • t■ f ! • ■ . .I • •. ! • • t• • . .■ ill b. Shall be located no closer than fifteen (15) feet from front, side, or rear property lines. C. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. A entry wall sign shall not be higher than eight (8) feet above the closest vehicular use area. f. Signs shall be in an enclosed base a minimum width of two-thirds ( 2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. g. Signs shall be in accordance with the following schedule: TABLE INSET: Building Size (Gross Floor Area) Under 75,000 square feet 75,000--250,000 square feet Over 250,000 square feet Maximum Copy Area 32 square feet 48 square feet 64 square feet Maximum Height 12 feet 14 feet 16 feet h. Multi -tenant centers are permitted additional signs for anchor tenants according to the following schedule: TABLE INSET: City of Winter Springs Ordinance 2006-18 Page 22 of 49 Building Size (Gross Floor Area) Under 75,000 square feet 75,000-250,000 square feet Over 250,000 square feet Anchor Tenant Additional Sign 2 of 12 square feet 3 of 12 square feet 4 of 12 square feet An anchor tenant is defined as the major retail store(s) in a center that is/are in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. (2) Ground mounted single -tenant idznt fl ign: One (1) wide -based monument style, permanent project sign shall be permitted per single -tenant parcel. One additional permanent wide -based monument style piojcct identifi=fimrsign may be permitted for parcels in excess of one (I) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on premises use admitise one, (—) g, b. Shall be located no closer than fifteen (15) feet from the front, side or rear property lines. Shall not exceed two (2) faces. d. Sign copy -area shall not exceed thirty-two (32) square feet per face. For parcels in excess of 4.0 acres, the project identification sign face may be increased to forty-eight (48) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. g. Signs shall be in an enclosed base that is at a minimum the full width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. (3) Building mounted multi -tenant identification sign for buildings with separate City of Winter Springs Ordinance 2006-18 Page 23 of 49 exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one sign12er tenant for on-1remises use vnfy-ad-crtise V OCCUPyIng die P! eilliscs. b. The sign(s) shall be clearly integrated with the architecture of the building, and shall be consistent in design, format, and materials with the architecture of the proposed building. C. The sign(s) shall not either project above any roof or exceed a height of fourteen (14) feet. d. Wall signs shall display only one (1) surface and shall not be mounted more than six twelve (dam inches from any wall. e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. f. The maximum size of sign letters and logos; including any sign backgrounds, shall be twenty-four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty-five (25) percent of the building height. An anchor tenant is defined as the major retail store(s) in a center that is/are in excess of-one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the Iinear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. h. For office buildings without separate exterior tenant entrances, one wall sign not exceeding two (2) square feet shall be permitted for idmitifyin each individual tenant. The sign shall be located adjacent to the building entrance. (4) Building mounted single tenant identification sign: In addition to the ground- mounted id=tificatiotr sigT4 a building mounted identifieatioa sign may be permitted consistent with the following criteria: a. Shall only be reserved for one (1) tenant's on-premises use advurt•se orie City of Winter Springs Ordinance 2006-18 Page 24 of 49 lv•j.�•ant�rttaraenrr�rr.1►•�Irmr•�•tna•��rl�eina�n•�•■i.ni-aisnn��_ b. The idcntificatian sign is located on the exterior wall of a building C. The sign shall be consistent in denim, format and materials with the architecture of the proposed building clewly integrated with the wehitctw d. The sign shall not either project above any roof or exceed the height of fourteen (14) feet. e. The sign shaU display only one (1) surface and shall not project more than sic twelve (612 inches from any wall. f. Signs shall conform to the following schedule: TABLE INSET: Building Size (Gross Floor Area) Max. Copy Area Max. Letter Height Less than 50,000 square feet 16 square feet 2 feet Illi to 100,000 square feet 32 square•. of building Over 11 111 square feet. of curner luts, additional signs consistent vvith these desi- nay be appiov sections 6-802 .It ■ • of •t eity 6ode. The• • :t • • . •A •�.Irrt Shail MCOMMCII• d a w of fitis sign codc in • ■c cases where stidt:• :O ili • be • s • a • code • I •icsnftin •t•tl ,1 hardship. Mi:Lcquireircnts,procedmies,111 ••• J as biliboards :1 c • • ■ • - i (7) Changeable copy signs. In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all aluminum extrusion or better as approved by City of Winter Springs Ordinance 2006-18 Page 25 of 49 staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: Changeable.. not comprise more than menty-five (25) percent of the permitted 2. Movic thcatcrs and .. .■ . • • r • toeighty • puielitof the permitted J• wea• ■■ 1 • • ■■ : t . • • :J i -Tv • • • t■■ :■ ■ : ■ : • ■ :• • ■r. (8) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. City of Winter Springs Ordinance 2006-18 Page 26 of 49 u • • •• : • • ■ •■ • • ■ n.• tom• ■•: • •• • •■ • ■ • t • • w • ■ • r.• .■ • ' r • • .■IN @UX .. MMUWVja%• ■ • wso •■■ • t • • ■ r :■ ■ ■ • • 1 • ■ •■ • .I . • • • • City of Winter Springs Ordinance 2006-18 Page 26 of 49 r r.•a • ■■ • •j won• • • • r ! • • • .•• • ■■■ . • • ! • • i 1t • .■ ■ - 1 .• 1 ■ .� 1h 61031.1WRILVI• ■ • ■ • • .■ • ■ • ■■ • i • ■ .■ • RPRIM . .■ ■■ • ■ • • J ! . ! • .■ .1t • - .• ■ - - - ol Ist"Imp • t■ ■ • ■ ■ • I - - w ■ • ■ ' It ' J .■• • • .1 ■ • ■ ! • ■ • • ■ ■ ■1 •v ■ • A7,t .■ ■t .A ■■ t • ■ • ! 1 .■ City of Winter Springs Ordinance 2006-18 Page 27 of 49 mQuiR+•[■)• 1427.•q u AT•ttl•Yd4■�H�.lq¢1•:•7R•)r�Fl�f4Uti b. Any sign painted directly UIL CulyV . V•Signs pqjccfing1depth. esigns� aantachcd to trces mid pules). J. Fmcstmiding signs =loss Signs— otherwise provided fbL heTc' h. Tlailcl j- Bifibowds. i wt i•��x2mvw (1-52) Permanentflags: y confoinicuicevvithth The following standards shall _pply to permanent flags: a. One (1) flagpole ay be permitted per parcel. parcels u two (i) acres . City of Winter Springs Ordinance 2006-18 Page 28 of 49 b. The maximum width from top to bottom of any flag shall be twenty (20) percent of the total distance of the flag pole. C. Flagpoles shall maintain the same setback requirements as tenant monument praj'cctidentification signs. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade, G. r'L-FLUJI G" 11a25 .)11G11 U1LLj' UULILalll L111U1111aL1U11 1. VILL11LLW — — F—J— identifieation sign. A project flag shall b� stfbmiffed to the dtsign evicvv boar for-app'LoVai. natal • • • A ■ : • ■ • �• ■ • t '• ■ • • • (+& i-0) Nonconforming signs. a. Any sign, other than billboards, which is nonconforming shall be amortized and may be maintained until November 14, 2002. b. At or prior to November 14, 2002, all nonconforming signs shall be removed and may be replaced with signs that conform to the design standards set forth in the S.R. 434 New Development regulations. C. Violations shall be subject to Chapter 2, Article 3, Division 2, Code City of Winter Springs Ordinance 2006-18 Page 29 of 49 • ■ • • • • .1 • • • • w • • :w • • •• w • • • • o■ • ■ ■w • ■ .n ' • n ' • r • ■ • ■ t ■ • • •i ■ • nr • n ■ .• • • ■ ■ w:■ • • • • ■ ■ ■ t• i • . ■ • r • • • t • • d\ • • •w natal • • • A ■ : • ■ • �• ■ • t '• ■ • • • (+& i-0) Nonconforming signs. a. Any sign, other than billboards, which is nonconforming shall be amortized and may be maintained until November 14, 2002. b. At or prior to November 14, 2002, all nonconforming signs shall be removed and may be replaced with signs that conform to the design standards set forth in the S.R. 434 New Development regulations. C. Violations shall be subject to Chapter 2, Article 3, Division 2, Code City of Winter Springs Ordinance 2006-18 Page 29 of 49 Enforcement, City of Winter Springs Code of Ordinances. Section 4. Amendment to Section 20-486, City Code. The City of Winter Springs Code of Ordinances, Section 20-486, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Section 20-486. It is intended that the text in Section 20-486 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 20. ZONING ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN DIVISION 2. GENERAL DESIGN STANDARDS FOR REDEVELOPMENT AREA Sec. 20-486. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commission design teviem bumd if such signs or sign elements are visible from adjacent properties or a street right-of-way. (1) Ground mounted -multi -tenant sign: For each multi -tenant development under separate ownership, one (1) wide -based monument style permanent sign with landscaped base identifying the name of the development and businesses within the development shall be permitted. For developments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall .. on:premises use advertise the rimi ...... .. ,.ei...The pximary.. .....■ b. Shall be located no closer than ten (10) feet from front, side, or rear property lines. City of Winter Springs Ordinance 2006-18 Page 30 of 49 C. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. A wall sign shall not be higher than eight (8) feet above the closest vehicular use area. f. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. g. Signs shall be in accordance with the following schedule: TABLE INSET: Building Size (Gross Floor Area) Maximum Copy Area Maximum Height Under 75,000 square feet 75,000--250,000 square feet Over 250,000 square feet 32 square feet 12 feet 48 square feet 14 feet 64 square feet 16 feet h. Multi -tenant centers are permitted one additional signs for each anchor tenants according to the following schedule: TABLE INSET: Building Size (Cross Floor Area) Under 75,000 square feet 75,000--250,000 square feet Over 250,000 square feet Anchor Tenant Additional Sign 2 of 12 square feet 3 of 12 square feet 4 of 12 square feet An anchor tenant is defined as the major retail store(s) in a center that is in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. (2) Ground mounted single -tenant i'e::m sign: One (1) wide -based monument style permanent prcject idcutifitatimrsign shall be permitted per single -tenant parcel. One additional permanent wide -based monument style project identification sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress City of Winter Springs Ordinance 2006-18 Page 31 of 49 serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on -premises use b. Shall be located no closer than ten (10) feet from the front, side or rear property lines. C. Shall not exceed two (2) fares. d. Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in excess of four (4.0) acres, the project -identification sign face may be increased to forty-eight (A4 8) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. g. Signs shall be in an enclosed base a minimum width of two-thirds ( 2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. (3) Building mounted multi -tenant izientrfrca r* sign for buildings with separate exterior tenant entrances-. • In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one sian per tenant for on -premises use 1 Fes- b. The sign(s) shall be clearly integrated with the architecture of the building. Shall be consistent in design, format, and materials with the architecture of the proposed building. C. The sign(s) shall not project above any roof or canopy elevations. d. Wall signs shall display only one (1) surface and shall not be mounted more than six (6) twelve (12) inches from any wall. City of Winter Springs Ordinance 2006-18 Page 32 of 49 e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty-five (25) percent of the building height. An anchor tenant is defined as the major retail store(s) in a center that is in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. h. For office buildings, one wall sign not exceeding two (2) square feet shall be permitted for identifying an individual tenant. The sign shall be located adjacent to the building entrance. (4) Building mounted single tenantidlentificationr sib : In addition to the ground- mountedidentif-icatio, sign, a building mounted identificeion sign maybe permitted consistent with the following criteria: a. Shall only -he reserved for one (1) tenant's on-nremises use. 1� b. The mon sign is located on the exterior wall of a building. C. The sign shall be consistent in design. format and materials with the architecture of the proposed buildingclearly integracd with the mchitcetur d. The sign shall not project above any roof or canopy elevations, and the top of the sign shall not be higher than fourteen (14) feet above the main entry floor. e. The sign shall display only one (1) surface and shall not project more than six twelve (6.L2) inches from any wall. f. Signs shall conform to the following schedule: TABLE INSET: City of Winter Springs Ordinance 2006-18 Page 33 of 49 Building(CrossIIArea) Max.I• '♦ Max. Letter Height squareLess than 50,000 • square feet 2 feet 50,000 to 100,000 square feet 32 square feet 25% height of building Over 100,000 square feet 48 square feet 25% height of building 7fdditiunuiftnsfibtLindei spceial■ t. :t ! asfinymCciS011 coinc, lutz), additional signs eunsistent with these design s*=dMds inay be appioved-by sccfion 28-i :. : • the eade. Rie bund • adjustmicut• ■ variw=s of tHs sign code in specific cases where stich %raLjUjUCZ, 7;ifi not bc cuntral"Y t appeals of sign cud, vmiwiccs shaH follow thuse piovisioris fb, zoliiiir, VwLa"LV,07 as • •.:. i - aTC • • • • t- (-7 5) Changeable copy signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all aluminum extrusion or better as approved by staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: I. Changeable copy signs shall not comprise more than twenty-five (25) percent of the permitted sign area; City of Winter Springs Ordinance 2006-18 Page 34 of 49 •: 2I.K.31mve . -VVIFIlIgg-lowur. .. . . . . M. a City of Winter Springs Ordinance 2006-18 Page 34 of 49 (9 0 Back -lit signs: Back -lighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) FRIrdowstm. Window signs ma., I— per--=Lmi ander special ciiemrrstanc tetail est�biishmtnts stich :A ■■ ■ :a■ • ■ ■a window• ina displaYa •t V� 11MI inCUI POL atCd V� ith Z' ach a display. S ach window signs may atifize exposed r1cm • • ■ : tv • n • ■ .m ■ • r W•will-low- :■ • • shali bc piolribitcd. PCITIlitted during, • A ■ • ■ T11c constitiction■ : ■ • c:■ ► • •a • ■ • ■ •LI Sign shat! be • • from the by, the,0MICT apon substantial completion • :■ • • • • • • • • t ■ t :■ • ■■ ■ ■ • • ■ :• th v%i■ • the j ■ • mmoved whme• !t• •R.Marybc ■ city at the • • ■1 Mm / • City of Winter Springs Ordinance 2006-18 Page 35 of 49 • •■ ■■ t ' :A ■7 ■ - • ■ ■ • • • .mow ■ trio • • • • " City of Winter Springs Ordinance 2006-18 Page 35 of 49 City of Winter Springs Ordinance 2006-18 Page 36 of 49 JER,ectlunic date, L faces bc T C. sq=r; M=keting f�ct mid sigirs may be no mote than ten double faced. Sign shali 1 li (16) feet in hight, The totai of paradiel and - a sirz-elcfamsinr� and Iminpexatme irffbirrationai , ywicefing signage may bc incuipumb-,d within the c0.StLdCti0iI Sigrlage) but ffie signa-go mea shall not exceed sixty fom Tsquare fect sign. the Collidor 9. Nfinketing zsigms. signs may bc fit su as to illmninateVlctteiing on airli. LPolfticui 3tm.. eit by City of Winter Springs Ordinance 2006-18 Page 36 of 49 JER,ectlunic date, L EleCtMilk date, and Iminpexatme irffbirrationai Vtotai copy mea of the overail sign. Collidor chibited zsigms. Thc followingsigns Sir- whichis designud, V 1WhiCh1 fficurpuzat cabove.d in b. An� sign painted directly Ull uiy l in C. Signs adepth.s 1.Signs- Stlipe b 1 V . b ps a City of Winter Springs Ordinance 2006-18 Page 36 of 49 j- Biliboards. Yvchiac aport vdiich is placed a sign identifying ffin, u, its pincipai piodact if such e . s one Which is Ove-Mted ditning theilurrnfti 00tV.S., of basiness mid shall bc Vwked in the least visible spot fiforn th M. Balloon Sigrrs-. a (1-5 7) Permanentflags: b i The following standards: a. One (1) flagpole and one (1) flag may be permitted per parcel. b. The maximum width from top to bottom of any flag shall be twenty (20) percent of the total distance of the flag pole. C. Flagpoles shall maintain the same setback requirements as tenant monument signs igns. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. C. A project bshail ordy oiltain 1 identification sign. * picject-flag shai! be submitted to the j . a. T_ st v as 1 1 businesses,noticc of opening of new =d going out MR-UstinuCZ0 Dales. P—.— —b City of Winter Springs Ordinance 2006-18 Page 37 of 49 • I • :■ I ■ orA - • �: : • • :1 : - • :42 * :■1 • • • • • • • • • lta • ■ • • • - • : • (-18) Nonconfonning signs. a. Any sign, other than billboards, which is nonconforming shall be amortized and may be maintained until November 14, 2002. b. At or prior to November 14, 2002, all nonconforming signs shall be- removed eremoved and may be replaced with signs that conform to the design standards set forth in the S.R. 434 Redevelopment regulations. C. Violations shall be subject to Chapter 2, Article III, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. Section 5. Repeal of Section 20-337, City Code (Greeneway interchange Zoning District). The City of Winter Springs Code of Ordinances, Section 20-337, set forth in the Greenway Interchange Zoning District, is hereby repealed in its entirety as indicated below: City of winter Springs Ordinance 2006-18 Page 38 of 49 MR WWI City of winter Springs Ordinance 2006-18 Page 38 of 49 �1�.�TJ AI L w1sl•riR .R�� l..l.\it.��lw 11.11•. S�\l�slR-�J� A 1•..L•.T1.A..�l.1.li.•f .1.11�1�1� 64 sqi±are r8f.+ City of Winter Springs Ordinance 2006-18 Page 39 of 49 *quo.. ... ... a I :.. - - ,. �1�.�TJ AI L w1sl•riR .R�� l..l.\it.��lw 11.11•. S�\l�slR-�J� A 1•..L•.T1.A..�l.1.li.•f .1.11�1�1� 64 sqi±are r8f.+ City of Winter Springs Ordinance 2006-18 Page 39 of 49 ■••a•r.�iP.ial:lArt■�Jt:ZMMA=.}Glia: a:.nf:)ir:.l�)Ttn1•sf■1:.: \�li� JtL�I�(_•tl_=-i•1a4�:niFil fqi . r sqttarer rf 12 sqttare r ��•MAO•t:l:a�•l a�t�l�l lsaa�lt=lsr:.�1T1! City of Winter Springs Ordinance 2006-18 Page 40 of 49 1t •f ■ • • • :■ ■ u .■ :. • a • • :. : • • • •:.. • • :. • :■ • • •. :. n ��•MAO•t:l:a�•l a�t�l�l lsaa�lt=lsr:.�1T1! City of Winter Springs Ordinance 2006-18 Page 40 of 49 City of Winter Springs Ordinance 2006-18 Page 41 of 49 •Wpm oqwlwm __ __ ■ ■ .t/ a •1.2ollmotll. .■ Us MKIN OURFM City of Winter Springs Ordinance 2006-18 Page 41 of 49 — e. The sip shall be elearly e4 with the bL . �lt1.)!� t.�l.•llf tlt�l:...l lit■�R:�R117111►\i�7}ll•';�y�ta�=:\-C� �lt..l:tt1F-�.1►A1111 .■:Al�1�lt1 )�!\lll:i� • ••• I�1:AA7R:[:..11lrll ri !l i i1tR-Mi A r -34— sqmire I>lll7itt.1.711RR�.11�.11JtJtt� l� �RRII•�1<+.:■Al ]i!ATI/[:R. t:llliw�\l/.l 1LT1� TAB L A BT E T.1S L+T _ 1 B�ll4dirig Hvi0-_ stofies height a • betters ]DC7-JV3 Maximum Sign Size V 9 2-44L 58 sgtiare 1 et ` ZIIu- �6 gqttati-feet' City of Winter Springs Ordinance 2006-18 Page 42 of 49 MUM �lt1.)!� t.�l.•llf tlt�l:...l lit■�R:�R117111►\i�7}ll•';�y�ta�=:\-C� �lt..l:tt1F-�.1►A1111 .■:Al�1�lt1 )�!\lll:i� • ••• I�1:AA7R:[:..11lrll ri !l i i1tR-Mi A r -34— sqmire I>lll7itt.1.711RR�.11�.11JtJtt� l� �RRII•�1<+.:■Al ]i!ATI/[:R. t:llliw�\l/.l 1LT1� TAB L A BT E T.1S L+T _ 1 B�ll4dirig Hvi0-_ stofies height a • betters ]DC7-JV3 Maximum Sign Size V 9 2-44L 58 sgtiare 1 et ` ZIIu- �6 gqttati-feet' City of Winter Springs Ordinance 2006-18 Page 42 of 49 City of Winter Springs Ordinance 2066-18 Page 43 of 49 City of Winter Springs Ordinance 2006-18 Pa?e 44 of 49 u. •• • ■ • ■ • • • .t ■ ■ • • :w • :t • • •■ ■ :t MY _ _ _ In • ■ ■ • ■ ■ • • • ■ ■ • • - ■ . ■ • • .Met .�•• • t • • • ■ ■ f • • ■ :t t • • • J • • 1 •■■ • • City of Winter Springs Ordinance 2006-18 Pa?e 44 of 49 "d. Roof sigits. J. Billboards. k. Any vehiele with a sign or signs attaehed thereto or ythereeft with v depth. B eft.L v 'fi Srlipe si- ,_ to trees signs (e.g. sigm aftehed =d pales). r 6r hem�ii. City of Winter Springs Ordinance 2006-18 Page 45 of 49 y . J. Billboards. k. Any vehiele with a sign or signs attaehed thereto or ythereeft with v City of Winter Springs Ordinance 2006-18 Page 45 of 49 ,�•r��.�+�asa�t:•:i.a•�::i m�.oi�•is:ir:.:iavi:,a:ic�M�:Loa�i:iv:■ai■a+��t:a�•a•••aa..•airitn••a•w • ■• f11 � • • :. t • • t tl 1 • r• J • 1 f 11 • w • • . • • • - • n - • • • ,�•r��.�+�asa�t:•:i.a•�::i m�.oi�•is:ir:.:iavi:,a:ic�M�:Loa�i:iv:■ai■a+��t:a�•a•••aa..•airitn••a•w City of Winter Springs Ordinance 2006-18 Page 46 of 49 • • • - • n - • • • •w •lass w • ■■ ■ • .t ■ . City of Winter Springs Ordinance 2006-18 Page 46 of 49 City of Winter Springs Ordinance 2006-18 Page 47 of 49 • City of Winter Springs Ordinance 2006-18 Page 47 of 49 n ■ ■ : City of Winter Springs Ordinance 2006-18 Page 47 of 49 iaG.:��-��i�t�,�j:,i.ire+�:�ir•.aiL;ri�Aniiiinr.¢.R:�si�.i�.isi._e-- Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs 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 8. 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 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. [Adoption Page to Follow) City of Winter Springs Ordinance 2006-18 Page 48 of 49 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the cQ'�i day of oc-Mb-eK )2006. JO .BUSH, Ma;ycr ---- ATTEST: I t ASIBIK LORENZO-LUACES, City Clerk Approved s to le al form and sufficiency for the Citi Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: October 9, 2006 Second Reading: October 23, 2006 Effective Date: See Section 9. City of Winter Springs Ordinance 2006-18 Page 49 of 49 ORDINANCE NO. -2007 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. 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, 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 limitations on temporary 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 oh 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 welfare 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 Canaveral Ordinance _-2007 Page 1 of 21 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 strikeei 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 Sec. 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: *** Balloon display is -M balloon anchored on private property_ for the purpose of advertisement. *** Co-py 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 sig_ display. *** City of Cape Canaveral Ordinance _-2007 Page 2 of 21 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. Electronic signs shall mean a sign on which the copy changes automatically by electronic means. Hazardous sign is any sign which constitutes a traffic 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. 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. On-site or on premises sign means a sign (1) identifing 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. r-el4ea in its subjeet .,,.,moo.. to the „ whieh it is leeated, Real es�we sigi? fne ased selely fef the sale E)f lease ef pr-epeft), en whieh the sign is leeated. City of Cape Canaveral Ordinance _-2007 Page 3 of 21 Signifi-eant inferest means an evefA ha-ving a eemmunit�,, leeal, regional and er- national inter -est. Sign means any surface, fabric, device or display, whether illuminated or non -illuminated designed to identify, announce, direct or inform, and that and ineliades eveity display, billbeard, ground sign, wall sign, illuminated sign, pr-ejeefing sip, t —a, ayff4fig sign, eanepy , ifitistfati . . — . a used to adveffise or- pr-efnete the interests ef any per -sea, business er- event. when is placed out-of-doors in view of the general public. For purposes of this Chapter, the term "sign" includes all structural members. Temporary signs means a sig_ displayed before, during or after an event or occurrence scheduled at a specific time and place. , plyweed E)r- other- light fna4er-ials, with ef witheut ffarnes, kAended to be displayed fef the exte 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, that will preteet the 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. assist pete. tial use ef pr -ed City of Cape Canaveral Ordinance _-2007 Page 4 of 21 , City of Cape Canaveral Ordinance _-2007 Page 4 of 21 (e b) For purposes of Phis chapter, •• thia the city, and any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. _ll noncommercial speech shall be deemed to be aR on -premises. Nothing in this ehapter shall be deeined to be I . 557 Nothing in this chapter shall be construed to regulate the content of the message displayed on any sign. See. 94-4. Exemptions. The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (1) Decals affixed to and normally associated with signs of signs painted on equipment, fuel pumps or other types of vending 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 (see see fi ,., 94 1, ae finifi,. (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; Memerial signs, neneefabustible material; (4) Pr-efessienal nafneplates not exeeediiig tkee square feet in area; (AS 4) Bulletin boards, not to exceed two, each not over eight square feet in areallie size;eharkable or- religious institutiens, when the bullefin beards afe leeated en the premises of see insfittAiens, and one idenfifleatien sign net eweeding ten square fee ; Wilding, publie insfittifiefial building ef dwelling hease, whiek are plaeed fliit against single family and "plex buildings �Aer-e the size shall net exeeed twe squafe feet; (8) T-faffie er- ether- fntmieipal signs, legal nefiees, danger- signs and tefaper-afy einer-geney ef: City of Cape Canaveral Ordinance _-2007 Page 5 of 21 ah9• (4-9 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 dir-eefieaM signs tifilized fer- tfaffie flew seeh as eRler-, exit, in, eut, ete. when less than eft -e squafe feet : size and et e eedi g twe feet i two: t,+. (44 6) Window signs that do not exceed 25 percent of the total window glass area for each side of the building or unit thereof individiaal glaized afea and are placed in the upper or lower half of the window class area. In addition, the total square footage of the window signs, when added to the toal 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 afea. Further, the- 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 (71 TemporM signs that do not exceed six (6) square feet provided the signs meet the requirements of this chapter. (8) 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. Sec. 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, ineluding pelifieM sips, are prohibited on public utility poles or trees. (b) Obstruction of free ingress or egress. No sign shall be erected, relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape, ether- than 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., ev^ep ~ +hese "+Aeh-aie posted, painted, City of Cape Canaveral Ordinance _-2007 Page 6 of 21 (4-9 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 dir-eefieaM signs tifilized fer- tfaffie flew seeh as eRler-, exit, in, eut, ete. when less than eft -e squafe feet : size and et e eedi g twe feet i two: t,+. (44 6) Window signs that do not exceed 25 percent of the total window glass area for each side of the building or unit thereof individiaal glaized afea and are placed in the upper or lower half of the window class area. In addition, the total square footage of the window signs, when added to the toal 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 afea. Further, the- 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 (71 TemporM signs that do not exceed six (6) square feet provided the signs meet the requirements of this chapter. (8) 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. Sec. 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, ineluding pelifieM sips, are prohibited on public utility poles or trees. (b) Obstruction of free ingress or egress. No sign shall be erected, relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape, ether- than 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., ev^ep ~ +hese "+Aeh-aie posted, painted, City of Cape Canaveral Ordinance _-2007 Page 6 of 21 (g) Qffipo-emise Merchandise displays on rights of way, Permanent, temporary, nortable or movable signs or displays of merchandise located on any street, sidewalk, alley, or right-of-way are prohibited. it is the expressed legisla4ive intent ef the eity eeuneil that there street, sidewalk, alley, iight ef way ef publie ther-eughfafe for- the display ef mer-ehandise fer- sale or- the leeatien ef pei4able ef movable signs of: stands te adveAise er- dr -a -w a4eH6en to the business or - any per -son or- the par -king of vehieles or- ether- types ef eefAfivanees whieh afe, in mnidd ef the pafkiag ef vehieles is fiet inteaded te pr-ehibit the bona fide par -king ef afly vehiele us vehiele may hc",e pain4ed upon the ex4er-ier- suffaee the evffief's name ef address er- business eemmefeial (h) Off -premise signs. ^ „„ sign of ,elated ; its subjee! .,,, 4ef to the pr-emises on ,.hie ;. 1.,eated is r—eN ited ploys eihe.-wise speeified i the !''ed (r) Temporary signs, unless specifically authorized under this Chapter ffienfiened in this eede. (v-) Balloon disQ1U. (w) Discontinued si ns. (x) Electronic signs, animated signs or signs of a flashing, running or revolvin ng ature. (v) 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 adjacent property; cc Signs located or erected on a parked motor vehicle which are intended primarily for displgy purposes and not regularly used for transportation purposes and which are visible from the ri hg t_of-way or adjacent property_ City of Cape Canaveral Ordinance _-2007 Page 7 of 21 Sec. 94-11. Maintenance, notice to repair. Eaeh sign shall be maintained in a safe eenditieft. 3A41en the d ef repair- a the sign and a lien may be filed agaiaFA the prepefty fef the :red in r-efneval ef the (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 sign is painted in whole or in partthe 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. Ue,� Damaged faces or structural members shall be promptly removed, repaired or replaced. fL 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 paw, alter, 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 building official. This shall not be construed to require any permit for a change of copy on a sign e pefmit has been issued, so long as the sign or sign structure is not modified in any way. City of Cape Canaveral Ordinance _-2007 Page 8 of 21 (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. Sec. 94-32. Application for permit; review time limits. (a) Application for a permit required under this agile 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 propertyupon which proposed sign is to be located. (4) The zoning and future land use designation of the property on which the si ng is to be located. (5) The type of sig_, square footage height and location of all signs currently located on the premises. 6) The tune of sign, square footage, desi,_sign area, height, location and full 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, parking areas and location of all existing and proposed signs. For ground signs and temporary signs, the site plan shall show the distance from the rihg t -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. City of Cape Canaveral Ordinance _-2007 Page 9 of 21 (10) The type of construction, materials. sign supports, electrical details for the proposed Sian. (11) Wind load calculations and footer details for the proposed sign as required by the City's adopted buildingc_ ode. The building official shall grant or den the he signn 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 under sections 22-36 et sea City Code then sixty (60) days_ Notwithstanding any contrary sign application requirements contained in this section, any person m!qy 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 consunction with the site plan review, aesthetic review, and building permit review. 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 prior- app-eva is r-eeeived ffem the eeffhiRmAt�appeafanee beai--d, the building effleial shall VaRt of deny the building pe appheatien Mthin 20 days fiefa the date the eempleted applieafien with applieafieft fee was filed th th it) (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 or other adopted codes of the city, the building official shall issue the permit. If the work authorized by the permit has not been completed within six months after the date of issuance, the permit shall become null and void, unless the building official grants an extension of time, not to exceed three (3) months for good cause shown. (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 City of Cape Canaveral Ordinance _-2007 Page 10 of 21 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 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 writing; to the city manager, €er a hearing before him 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 agg�eved 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. Within ten days ffem the heafing date, the eity See. 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. City of Cape Canaveral Ordinance _-2007 Page 11 of 21 ARTICLE M. SIZE, LOCATION AND CONSTRUCTION DIVISION 2. TYPES OF SIGNS Sec. 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 non -illuminated, free standing signs. (3) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose Le.g., the scheduled event or occurrence has concluded). (4) TemporM 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 temporM signageany non-residential property shall not exceed ninety-six (96) square feet. (7) 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. (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 temporary sign structure shall be a minimum of five (5) feet from any right-of-way and twen -five (25) feet from an other adjoining_ property line, except the streets listed below shall have the following set backs: City of Cape Canaveral Ordinance -2007 Page 12 o_f 21 Minimum Setback Street from Right -of - Astronaut Boulevard (SR Al A) 50 feet Old State Road 401 10 feet Ridgewood Avenue 10 feet (10) No temporary sign shall be placed within the right-of-way unless approved by the cily manager. No temporary sign shall be placed within the visibility triangle or posted on a tree or utility pole. 11) 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 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. Signs allowed under this subsection are exempt from subsections (a) (2) and (a) (3) above. 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 propertx 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 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) (,11) 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. City of Cape Canaveral Ordinance _-2007 Page 13 of 21 Sec. 94-77. Solation. 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 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. No eff pr -em' agns envaeant lafld shall be er-eeted, pested, painted, taeked, Haile ethenAise plaeed or- leea4ed anywher-e in the eity. This seetion shall net apply to real eswe ef pelifieal signs-. See. 94 78. uor.;^n!sig . Reserved. qualifying(a) Time ef er-eeting. Ne pelitieal signs fer- eleefiefi te an effiee shall be er-eeted prief te thee eandidate „' sign, weed, or- a N, shaped sign at4aehed a4 efie end shall be eensider-ed one sign. Pelifieal signs shall be eanstrueted out ef hafd f sign, City of Cape Canaveral Ordinance _-2007 Page 14 of 21 WINNIVITZ_ - - Sec. 94-77. Solation. 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 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. No eff pr -em' agns envaeant lafld shall be er-eeted, pested, painted, taeked, Haile ethenAise plaeed or- leea4ed anywher-e in the eity. This seetion shall net apply to real eswe ef pelifieal signs-. See. 94 78. uor.;^n!sig . Reserved. qualifying(a) Time ef er-eeting. Ne pelitieal signs fer- eleefiefi te an effiee shall be er-eeted prief te thee eandidate „' sign, weed, or- a N, shaped sign at4aehed a4 efie end shall be eensider-ed one sign. Pelifieal signs shall be eanstrueted out ef hafd f sign, City of Cape Canaveral Ordinance _-2007 Page 14 of 21 See. 94 81. Tempor-a", off premises . Reserved. cviriracii'r coirvi-zirvry .fes:d0.,+:a :rte e City of Cape Canaveral Ordinance _-2007 Page 15 of 21 DIVISION 3. DISTRICT REGULATIONS City of Cape Canaveral Ordinance _-2007 Page I of 21 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 _-2007 Page 17 of 21 District Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 Shopping Automotive center/Multi-Tenant Service Center in any district Station in C-1 Temporary per Per Per Per Section 94-76 Per Section 94-76 Per Section On -premises Section Section Section 94-76 sin 94-76 94-76 94-76 Real estate Vie. 1 -I + €restage (per distfiB FegeiFeMeat) (per -district to eaE) Max. area 6 s.f. 6 s.f. 32 6 s.f. 32 s.f. Max. height 4' 4' 8' 4' 8' pelitisal Ma?i-ne. a 2 2 1 peF candidate -M let, if >> 250 fr e€ ;Femage them (perdstriet Feqe+Feeaent) (Perdistrie uiftfnenR)) MW -am 3 s f 3 s€ 5-94- 32-6-f- E0R5tFuLtion l�Wre impfevements Mal -n@: -1 -1, -l. 2 (PQF-diStiiSt f:equirement) (peF-di$kift ) Max. area 16 s.f. 16 s.f. 16 s.f. 32 s.f. Max. height 3' 4' 3' 4' 3' 4' 8' Max. area 9 S -f 2 s.f. 9 s.f. 9 s.f. Max. height 4' 4' 4' Home Max. no. I 1 1 n/a n/a occupation Max area Es.f 2 s.f. 2 s.f. 2 s.f. n/a n/a Exceptions/notes for ground Apply to multi -family 2 of the following 3 options are permitted per parcel and wall si s only Ground Max. no. I 1 1 per street frontage I per street frontage 1 on primary street frontage Max area 75 s.f. 75 s.f. 150 s.f. 15% of wall space (per district height times business requirement) frontage, max. 128 s.f, perpendicular & 160 s.f. parallel to street Max height 25' 25' 30' n/a 30' Max. width 25' 25' 25' n/a n/a Wall Max. no. 1 (on 1 (on Perpendicular to 1 per tenant space I main main street: 1 on each end of structure) structure) the building, parallel to street: 1 sign Max. area 50 s.f. 128 s.f. Perpendicular: I s.f, per 15% of wall space (per district lineal foot of building height times business requirement) width, max. 128 s.f. frontage, max. 128 each sign, Parallel: 1 s.f s.f. perpendicular & per lineal foot of 160 s.f. parallel to building frontage, mar. street 160 s.f. Banner Sips Max. no. 1 1 j j 1 n/a n/a Max area I 96 s.f I 96 sf 1 96 s.f 1 96 st I n/a n/a City of Cape Canaveral Ordinance _-2007 Page 17 of 21 Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of-wgy 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 person maintaining_ the sign shall, upon receipt of written notification from the Building Oficial or Code Enforcement Officer, immediately secure the sign, cause it to be placed inog od repair or remove the sign. (c) Removal of illegally erected signs. The owner, owner's agent or person in control of M 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 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, 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 - 94 -115. Viewpoint 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. Sec. 94-120. Severability. (a) General. If any part, section, subsection, paragraph, subl2aragrqph. sentence phrase clause term, or word of this chapter is declared unconstitutional by the valid judgment or decree of anX 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. City of Cape Canaveral Ordinance _-2007 8 o Page 1f 2l (b) Severability where less speech results. Without diminishing or limitingin n 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, subpara rg_aph, 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 another ther part, section, subsection, paragraph, subRaragrgh, 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 previouslyexempt signs to permitting or otherwise. (c) Severability otprovisions pertaining'_ to prohibited signs Without diminishing or limiting in anyway 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 Lurisdiction, the declaration of such unconstitutionality shall not affect another ther partsection, subsection, paragraph. subparagraph, sentence phrase, clause. term, or word of section 94-6. (d) SeverabiliU 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 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 seetype 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 130.00 rontrad cast using suhsacainn (a) of City of Cape Canaveral Ordinance _-2007 Page 19 of 21 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 , 2007. ROCKY RANDELS, Mayor ATTEST: Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels C. Shannon Roberts Buzz Petsos First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance -2007 _ Page 20 of 21 For Against Chapter 82 of Appendix B with a minimum fee of:.......... (b) Reinspection fee.......... 25.00 9435 (d, For commencing work without a permit, all fees shall be double .......... 40:80 94-78 (J'J 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 , 2007. ROCKY RANDELS, Mayor ATTEST: Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels C. Shannon Roberts Buzz Petsos First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance -2007 _ Page 20 of 21 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance _-2007 Page 21 of 21 Chapter 94 SIGNS* Article I. In General Sec. 94-1. Definitions. Sec. 94-2. Purpose and scope. Sec. 94-3. Administrator. Sec. 94-4. Exemptions. Sec. 94-5. Penalty for violation. Sec. 94-6. Prohibited signs and features. Sec. 94-7. Conformance. Sec. 94-8. Identification. Sec. 94-9. Wind pressure and dead load. Sec. 94-10. Reserved. Sec. 94-11. Maintenance, notice to repair. Secs. 94-12-94-30. Reserved. Article II. Permits and Inspection Sec. 94-31. Permit required. Sec. 94-32. Application for permit. Sec. 94-33. Issuance of permit. Sec. 94-34. Revocation of permit. Sec. 94-35. Fees. Sec. 94-36. Inspection by building official. Sec. 94-37. Notice for inspections. Secs. 94-38-94-60. Reserved. Article III. Size, Location and Construction Division 1. Generally Sec. 94-61. Restrictions on placement. Sec. 94-62. Abandoned and hazardous signs. Sec. 94-63. Lighting. Sec. 94-64. Criteria and standards for measurement and placement. Secs. 94-65-94-75. Reserved. Division 2. Types of Signs Sec. 94-76. Temporary on -premises signs. Sec. 94-77. Signs in violation. Sec. 94-78. Political signs. Sec. 94-79. Off -premises signs. Sec. 94-80. Billboards. Sec. 94-81. Temporary off -premises signs. Sec. 94-82. Awnings and canopies. Sec. 94-83. Home occupation signs. Secs. 94-84-94-95. Reserved. *Editor's note -Ord. No. 8-00, July 18, 2000, amended the code by repealing former chapter 94, and adding a new chapter 94. Former chapter 94 pertained to similar subject matter, and derived from Code of 1981, Ord. No. 11-95, June 20, 1995 and Ord. No. 12-95, June 20, 1995. Cross references -Code enforcement, § 2-246 et seq.; businesses, ch. 16; requirements for sign appearance and maintenance, § 34-100; lighting regulations, § 34-206 et seq.; planning, ch. 58. Supp. No. 8 CD94:1 CAPE CANAVERAL CODE Division 3. District Regulations Sec. 94-96. R-1 low density residential district. Sec. 94-97. R-2 medium density residential district Sec. 94-98. R-3 medium density residential district. Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufactur- ing district and M-1 light industrial and research and develop- ment district. Sec. 94-100. Shopping center or multi -tenant center in any district. Sec. 94-101. Automotive service station allowed by special exception in C-1 zoning district. Supp. No. 8 CD94:2 ARTICLE I. IN GENERAL Sec. 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: Accent lighting means electric discharge tubing attached as an integral decorative or architec- tural 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 architec- tural 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. Banner sign means any sign having the char- acters, letters, illustrations or ornamentation ap- plied to cloth, paper or fabric including animated, rotating and or fluttering devices, flags and pen- nants but excluding government flags for the purposes of this ordinance, designated to attract attention. SIGNS § 94-1 Billboard means a sign advertising a product or service, including entertainment, whose prod- uct or service is not available for sale or perfor- mance at the place where the sign is located. Building art shall mean two and three dimen- sional murals, mosaics, paintings and artistic applications, which are applied to buildings, struc- tures and properties, intended to draw attention to a business, place, event or attraction. Building art does not include the portion of a building that is permitted to accommodate a wall sign. 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 estab- lished in section 2-256 et seq. to enforce this Code. Construction sign means any sign of a tempo- rary nature placed at a construction site after the issuance of a building permit that depicts the name, address and state license number of the primary or sub contractors. A construction sign may or may not contain information relating to the project under construction at the location of the sign. Directional sign means a sign directing or guiding traffic or people to entrances, exits or parking. Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an elec- trified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent into various letters, designs and shapes. Erect means to build, construct, attach, hang, place, suspend or affix and also includes the painting of wall signs. Exempt signs means signs exempted from nor- mal 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 Supp. No. 8 CD94:3 § 94-1 CAPE CANAVERAL CODE 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. Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are placed in or upon the ground. 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. 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 elemen- tary materials set forth in ASTM E136; or (2) Materials having a structural base of non- combustible materials as stated in subsec- tion (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. 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 applica- ble sections and restrictions of this chapter, or a nonconforming sign for which a special permit has been issued. Off-site or off -premises sign means a sign not related in its subject matter to the use of the premises on which it is located. On-site sign means a sign related in its subject matter to the premises on which it is located. 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 whatso- ever 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. 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. Political sign means any sign used solely to present information suggesting a candidate's suit- ability for elected public office or presenting an issue to be voted upon in the upcoming election. 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 or structure and extends be- yond the building wall, structure, building line or property line more than 12 inches. Public interest sign means a temporary sign used to advertise a charitable, educational or religious special event. Real estate sign means any sign used solely for the sale or lease of property on which the sign is located. Registered engineer means an engineer regis- tered 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. Significant interest means an event having a community, local, regional and or national inter- est. Significant interest does not pertain to adver- tisements for proprietary or personal gain. Supp. No. 8 CD94:4 SIGNS Sign means and includes every display, bill- board, ground sign, wall sign, illuminated sign, projecting sign, temporary sign, awning sign, can- opy sign, and street clock and includes any an- nouncement, declaration, demonstration, display, illustration or insignia used to advertise or pro- mote the interests of any person, business or event when such is placed out-of-doors in view of the general public. Sign erector or contractor means any person engaged in the construction, reconstruction, or erection of any sign requiring structural frame- work and support or using electric power or requiring a scaffold for erection or applications. Sign of general election means any sign in the support of or not in support of, candidates for political or non-political office, referenda, propo- sitions, taxes, levy or any other issue(s) that requires a vote for approval. Sign writer or painter means any person en- gaged 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 signs constructed of cloth, canvas, light fabric, cardboard, wallboard, plywood or other light materials, with or without frames, intended to be displayed for the extent of time as allowed in the specific sections of this chapter. 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 inter- connecting openings. Vehicular sign means any sign applied to, af- fixed to, or placed upon a vehicle in such a manner as to be visible to the public. § 94-2 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. Window sign 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. (Ord. No. 8-00, § 1, 7-18-00) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the design, construction and location of signs that will protect the safety and welfare of the public, eliminate dangerous and unsightly signs and pro- vide for adequate maintenance and inspection of signs without impeding the inherent right of business to advertise and reasonably assist poten- tial customers in locating and identifying any service or facility they may desire to use or any product they may desire to purchase. (b) This chapter is intended to cover all require- ments relative to types, sizes, heights, verbal content, permissible locations, restrictions, per- mits and licenses, inspections, indemnification, materials of manufacture and construction, meth- ods of erection, maintenance, procedures for re- questing variances and penalties for violation of this chapter for all signs placed, installed and erected within the city limits which are exposed to the out-of-doors view of the public. (c) This chapter is also intended to permit on -premises permanent signs within the city, and any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. For the purposes of this chapter all noncommercial speech shall be deemed to be an on -premises. Nothing in this chapter shall be deemed to be an on -premises. Nothing in this chapter shall be construed to regulate the content of the message displayed on any sign. (Ord. No. 8-00, § 1, 7-18-00) Supp. No. 8 CD94:5 § 94-3 CAPE CANAVERAL CODE Sec. 94-3. Administrator. (8) Traffic or other municipal signs, legal The building official shall act as administrator notices, danger signs and temporary emer- gency or nonadvertising signs; of this chapter, acting in lieu of the city council. As used in this chapter, the term "administrator" (9) Signs consisting of an arrangement of a shall include his authorized representative. group of single cutout letters when se - (Ord. No. 8-00, § 1, 7-18-00) curely fastened to a building or structural part of a building, in accordance with Sec. 94-4. Exemptions. section 94-96, 94-97 and 94-98; The following signs are excluded from the op- eration of this chapter unless otherwise noted: (1) Decals affixed to or signs painted on equip- ment, fuel pumps or other types of vend- ing equipment used for dispensing retail products; (2) Signs wholly within a building, excluding window signs (see section 94-1, defini- tions); (3) Memorial signs, tablets or plaques or names of buildings and date of erection when such are cut into any masonry sur- face or when constructed of bronze or other noncombustible material; (4) Professional nameplates not exceeding three square feet in area; (5) Bulletin boards, not to exceed two, each not over eight square feet in area for public charitable or religious institutions, when the bulletin boards are located on the premises of such institutions, and one identification sign not exceeding ten square feet; (6) Occupational signs denoting only the name and profession of an occupant in a com- mercial building, public institutional build- ing or dwelling house, which are placed flat against the exterior surface of the building and not exceeding three square feet in area, except in residential single- family and duplex buildings where the size shall not exceed two square feet; (10) Traffic directional signs utilized for traffic flow such as enter, exit, in, out, etc. when less than one square foot in size and not exceeding two feet in height; (11) Window signs that do not exceed 25 per- cent of the total individual glazed area and are placed in the upper or lower half of the individual glazed area. Further, the sales transaction area, as well as any other areas that may be deemed as nec- essary for viewing for safety purposes by a law enforcement agency, shall not be ob- structed from view from the outside of the building; and (12) Signs for events sponsored by the munic- ipality. (Ord. No. 8-00, § 1, 7-18-00) Sec. 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 unlaw- ful sign is located, shall, upon conviction, be punished as provided in section 1-15. (b) In addition to the criminal penalties pro- vided in this section, any violation of this chapter shall be subject to enforcement by section 2-256 et seq., according to the procedures legally estab- lished for such board and subject to the penalties provided by F.S. ch. 162. (Ord. No. 8-00, § 1, 7-18-00) (7) Directional signs to historical or other Sec. 94-6. Prohibited signs and features. points of interest, which are maintained (a) Signs on utility poles and trees. Signs, or operated as commercial attractions, regardless of whether exempt from permit require - public or religious sites, and are less than ments, including political signs, are prohibited on two square feet in size; public utility poles or trees. Supp. No. 8 CD94:6 SIGNS (b) Obstruction of free ingress or egress. No sign shall be erected, relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape, other than warning signs. No sign of any kind shall be attached to a standpipe or fire escape. (c) Signs on right-of-way. Signs, except for those which are property of the state, city or county, shall not be erected, posted, painted, tacked, nailed or otherwise place or located on or above any road right-of-way. (d) Animated I flashing signs. Animated or flash- ing signs are hereby prohibited. (e) Portable signs. Any sign, excluding vehicu- lar signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited. (f) Signs on vehicles. Any vehicle or trailer with a sign or signs attached thereto placed or painted thereon, visible from any public right-of- way, shall be prohibited, subject to the following exceptions: (1) Any vehicle o_ „railer which is actively engaged in making deliveries, pick-ups or otherwise actively in use and sign face does not protrude in excess of an inch from the vehicle. Such vehicle or trailer when not in use shall be parked so as not to be visible from any public right-of-way; or (2) Where no alternate location for parking that is not visible from the public right- of-way is reasonably available, such alter- nate location shall be as inconspicuous from the public right-of-way as possible. (g) Off -premise signs. It is the expressed legis- lative intent of the city council that there shall be a prohibition, without any exceptions, against the use of any portion of a street, sidewalk, alley, right-of-way or public thoroughfare for the dis- play of merchandise for sale or the location of portable or movable signs or stands to advertise or draw attention to the business or any person or the parking of vehicles or other types of contriv- ances which are, in and of themselves, unique and unusual and are parked for the purpose of attract- ing attention to the person's place of business or § 94-6 the parking of vehicles or other types of contriv- ances to which there is attached a sign advertis- ing the business or produce sold by the business or any person or designed to attract attention thereto. However, the prohibition against the use of the streets for the parking of vehicles is not intended to prohibit the bona fide parking of any vehicle used primarily by the owner thereof for the purpose of transportation, notwithstanding that such vehicle may have painted upon the exterior surface the owner's name or address or business slogan or trademark or other emblem which identifies the vehicle's owner or business in a manner consistent with that customarily found on commercial vehicles or vehicles used for coin- mercial purposes. (h) Off -premise signs. Any sign not related in its subject matter to the premises on which it is located is prohibited, unless otherwise specified in the Code. (i) Exposed electrical discharge lighting (neon or fluorescent). Exposed electrical discharge light- ing (neon or fluorescent) is strictly prohibited for use in any type of sign located within the city. 0) Accent lighting. Accent lighting on the ex- terior of any building is strictly prohibited within the city. (k) Building art. Building art is strictly pro- hibited on the exterior of any building within the city. (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. (p) Roof signs. (q) Projecting signs. (r) Temporary signs, unless specifically men- tioned in this code. (s) Flags and pennants that are notgovernmen.- tal in origin. Supp. No. 8 CD94:7 § 94-6 CAPE CANAVERAL CODE (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 sidewalk or street except house numbers and traffic control signs. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-7. Conformance. All signs or other advertising structures erected within the city limits shall conform to this chap- ter. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-8. Identification. Every outdoor advertising display erected, con- structed 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. (Ord. No. 8-00, § 1, 7-18-00) 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 re- ceive dead loads as required by the building code or other codes of the city. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-10. Reserved. Sec. 94-11. Maintenance, notice to repair. Each sign shall be maintained in a safe condi- tion. When the sign is in need of repair or main- tenance, the owner shall be notified in writing. The owner shall have ten days to make such repairs or remove the sign. If this order is not complied with, the building official may remove the sign and a lien may be filed against the property for the expense incurred in removal of the sign. Secs. 94-12-94-30. Reserved. ARTICLE II. PERMITS AND INSPECTION Sec. 94-31. Permit required. (a) Except as otherwise provided in this chap- ter, it shall be unlawful for any person to paint, erect, construct, enlarge, move or make structural alterations to any sign within the city or cause such to be done without first obtaining a sign permit for each such sign from the building offi- cial. This shall not be construed to require any permit for a change of copy on a sign for the repainting, cleaning and other normal mainte- nance or repair of a sign or structure for which a permit has been issued, so long as the sign or sign structure is not modified in any way. (b) A separate electrical permit shall be re- quired for any sign containing electrical compo- nents 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 chap- ter 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. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-32. Application for permit. Application for a permit required under this article shall be made upon forms provided by the building department and shall contain or have attached the information required on the form. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the ap- propriate building permit fee by the applicant, the building official shall promptly conduct an investigation of the application, the proposed sign and the premises. If prior approval is received from the community appearance board, the build- ing official shall grant or deny the building permit application within 20 days from the date the completed application with application fee was filed with the city. Supp. No. 8 CD94:8 (b) If, after review and investigation as re- quired herein, the building official determines that the application meets the requirements con- tained in this chapter and determines the pro- posed sign will not violate any building, electrical or other adopted codes of the city, the building official shall issue the permit. If the work autho- rized by the permit has not been completed within six months after the date of issuance, the permit shall become null and void. (c) If, after review and investigation as re- quired herein, the building official determines 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 build- ing, electrical 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. 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 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. An applicant whose application is denied by the construction board of adjustment may immediately appeal as a matter of right to a court of competent jurisdiction, which court shall promptly review said application. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. (Ord. No. 8-00, § 1, 7-18-00) SIGNS Sec. 94-34. Revocation of permit. § 94-37 The building official is authorized and empow- ered to revoke any permit issued under this article for failure of the permittee to comply with any of the sections of this chapter. Such revoca- tion 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 for a hearing before him to show cause why the permit should not be revoked. Within ten days from the hearing date, the city manager shall give him a decision in writing. (Ord. No. 8-00, § 1, 7-18-00) 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. For political signs, see section 94-78. (Ord. No. 8-00, § 1, 7-18-00) 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 connec- tions and to ensure compliance with this chapter. Such inspections shall be carried out during busi- ness hours, unless an emergency exists. (Ord. No. 8-00, § 1, 7-18-00) 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 construc- Supp. No. 8 CD94:9 § 94-37 CAPE CANAVERAL CODE tion 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 re- quired at completion of the work on all types of signs; and (3) A final electrical inspection shall be re- quired on all signs containing electrical components and wiring to be connected to an electrical energy source. (Ord. No. 8-00, § 1, 7-18-00) Secs. 94-38-94-60. Reserved. ARTICLE III. SIZE, LOCATION AND CONSTRUCTION DIVISION 1. GENERALLY Sec. 94-61. Restrictions on placement. (a) No sign of any character shall be sus- pended 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. (c) No sign of any kind shall be attached to any private wall, window, door, gate, and fence or to any other private structure, without the written permission of the city council. (d) 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 per- mission of the owner or lessee and without com- pliance with restrictions otherwise in this chap- ter. (Ord. No. 8-00, § 1, 7-18-00) 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 con- ducted 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 official. If the order to remove is not complied with, the building official may remove the sign, and a lien may be filed against the property for the expense incurred in removal of the sign. (b) Hazardous signs. The building official shall refuse to issue a permit for any sign, which will constitute a hazard and a potential menace to the safety of the public, and he may require the removal of any sign which is not properly main- tained 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, un- less within that time, the permittee or owner shall have filed with the building official notice of his intention to appeal his decision to the code enforcement board. Any such sign displayed more than 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 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 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 figure 94-64-2. (Ord. No. 8-00, § 1, 7-18-00) Supp. No. 8 CD94:10 SIGNS 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 concen- trating 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 Na- tional Electric Code. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-64. Criteria and standards for mea- surement and placement. (a) Area. The permitted area of ground signs, except in shopping centers or multi -tenant cen- ters, 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 paral- lelogram, triangle, circle or semicircle or combi- nations 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 larg- est vertical cross section. (b) Combinations of signs. Except where spe- cifically 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 pro- vided in subsection (a) of this section. § 94-64 (d) Display of permit number. The sign permit for all signs requiring a permit shall be promi- nently displayed by the owner or user of the sign on the property where the sign is located. (e) Height, setback and location measure- ments. 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 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 otherwise (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 all decorative portions of the sign. All setback measurements shall be made from the property lines as a point of reference to the projecting edge or corner of the sign, unless otherwise specified. (f) 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 trian- gular area bounded on two sides by the street right-of-way or property lines and on the third side by a straight line drawn between those lines at a point located 35 feet from their intersection (refer to figure 94-64-2). (g) Size limit. No ground sign shall be sup- ported so that the uppermost edge is more than 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. Supp. No. 8 CD94:11 § 94-64 Sign Height measured from grade level of closest edge of street paving. Frontage= 100' Ground Sign Area= Max. 150 s.f. Pr Property CAPE CANAVERAL CODE Figure 9464-2. Ground Sign Site Triangle. Street street Site Triangle. (no ground signs permitted) Figures 94-64-1, 94-64-2 Supp. No. 8 CD94:12 CORNER LOT Total Frontage= 150' Ground Sign Area= Max. 150 s.f. Secs. 94-65-94-75. Reserved. DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (a) A temporary sign may be erected 30 days prior to the opening of a new business and not to exceed 30 days after the opening date. Construc- tion signs for starting the project may be erected after a building permit has been issued and the construction sign shall be removed prior to the issuance of a certificate of occupancy or stoppage or abandonment of construction of at least three months. (b) Real estate signs may be erected without a permit subject to the following: (1) On R-1 and R-2 zoned property one real estate sign not to exceed six square feet in size and not to exceed four feet in height. Such sign shall be confined to the sale site and shall not be placed in any right-of- way or visibility triangle; (2) On R-3, C-1, C-2 and M-1 zoned property one real estate sign as shown in the district restrictions matrix (table 94-96- 1). Such sign shall not be placed in any right-of-way or visibility triangle; and (3) Real estate signs shall be removed imme- diately upon sale of the property. (c) A temporary on -premises banner may, be erected after application to and permit issued by the building official for a period not to exceed 30 days. On -premise banner signs are to promote a matter of significant local, regional, or national interest as defined in section 94-1. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-77. Signs in violation. No off -premises signs or signs on vacant land shall be erected, posted, painted, tacked, nailed or otherwise placed or located anywhere in the city. This section shall not apply to real estate or political signs. (Ord. No. 8-00, § 1, 7-18-00) SIGNS § 94-78 Sec. 94-78. Political signs. (a) Time of erecting. No political signs for elec- tion to an office shall be erected prior to the candidate qualifying for office. (b) Specifications. The maximum size of a po- litical sign shall not exceed 32 square feet in face area. A double-faced (back-to-back) sign, or a v -shaped sign attached at one end shall be con- sidered one sign. Political signs shall be con- structed out of wood, hard plastic, masonite or particleboard, of sufficient thickness to afford protection from the elements. No cardboard or paper shall be used in the construction of any political sign, except as a paper face if it rests entirely on the materials mentioned in this sub- section and if it is securely attached to the back- ing by adhesive over the entire surface. Vehicle signs shall be allowed, provided they do not increase the dimensions of vehicles in excess of one-eighth inch in any directions. All political signs shall be securely fastened, anchored, placed and maintained so as not to constitute a hazard. (c) Location. Political signs shall not be placed on any city -owned property or within any road or street right-of-way. No signs shall be posted on trees, utility poles or fence posts. (d) Written consent. Any political sign placed on any commercial or industrial zoned property within the city limits must have on file with the building department written consent from the property owner prior to placement. Written per- mission of the property owner is not required for placement of signs in residentially zoned dis- tricts. (e) Deposit. A deposit as set forth in appendix B to this Code shall be paid to the city before any signs (for or against) for the purpose of a vote of general election. The deposit shall be refunded, provided the signs are removed within five days of the election. Supp. No. 8 CD94:13 (1) The deposit shall be forfeited for any sign erected within the city, which is not con- structed as specified in section 94-78(b) of this Code. § 94-78 CAPE CANAVERAL CODE (2) If the signs are not removed within the five-day allowance the actual cost of such removal will be charged to the candidate, minus the deposit. (f) District requirements. Political signs shall follow district requirements per table 94-96-1. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-79. Off -premises signs. Off -premises signs and signs on vacant prop- erty which exist on the effective date of the ordinance from which this section is derived shall remain until they are removed or fall into disre- pair. A sign is in disrepair as determined by the building official at his discretion. When a sign is determined to be in a state of disrepair, the city shall notify the sign owner and the property owner of the existing condition. If the sign owner or property owner fails or refuses to comply, the city may remove the sign with all costs to be borne by the sign owner or property owner. The proce- dure to be followed by the city upon determina- tion that a sign is in the state of disrepair shall be the same as the procedure established in section 34-66 et seq. relating to abatement of nuisances. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-80. Billboards. No new billboards shall be erected in the city. Any billboards erected in violation of this section shall be removed within 48 hours of notice to the sign owner and property owner. If the sign owner or property owner fails to remove the sign, the city shall do so at the sign owner's or property owner's expense. (Ord. No. 8-00, § 1, 7-18-00) Sec. 94-81. Temporary off -premises signs. (a) There shall be a limit of one sign per business or activity erecting a temporary off - premises sign. (b) Temporary off -premises signs may be erected only by the following: (1) A housing project or subdivision within the city consisting of ten or more residen- tial units; (2) Any new business opening within the city; or (3) A charitable, educational or religious in- stitution as defined in section 70-66, con- ducting a special event. (c) Any such sign is limited in size to 50 square feet per face and may be double faced. It shall be constructed of sturdy materials as approved by the building official. There shall be no illumina- tion of any sort provided specifically for the sign. (d) The signs may be erected 30 days prior to the opening of a new business or construction of a new housing project and shall be removed no later than 30 days after the opening or after housing construction has stopped. Stoppage of construc- tion shall be defined as the issuance of a certifi- cate of occupancy (final or temporary), or the construction has been abandoned (ceased) for a period of three months. (e) In the case of a public interest sign, a sign may be erected no more than once per year, and must be removed no later than five days after the special event has concluded. A public interest sign, however, may not be erected for more than a total of 30 days. (f) Signs restrictions along the following corri- dors are as follows: Location and Placement for Temporary Signs Minimum Set- back from Maximum Street Right -of -Way Height Astronaut 50 feet 15 feet Boulevard(SR A1A) Old State 10 feet 8 feet Road 401 Ridgewood 10 feet 8 feet Avenue These restrictions affect properties adjacent to these streets with the exception of any R-1 zoning districts. (g) The written consent of the property owner must accompany each application for sign permit. The agent for the owner will verify in writing the authority to execute a consent form. Supp. No. 8 CD94:14 (h) A construction sign (two only) may be erected one by the primary contractor of a project, and one to include all sub -contractors of a project, after the issuance of a building permit as required in table 94-96-1. (1) Construction signs shall be confined to the site of construction and shall not be placed in any right-of-way or visibility triangle. (2) All construction signs shall be removed prior to the issuance of a certificate of occupancy or completion. (3) All construction signs shall contain con- tractors licensing information. (Ord. No. 8-00, § 1, 7-18-00) 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 allow- able sign footage. (Ord. No. 8-00, § 1, 7-18-00) 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 require- ments 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. (Ord. No. 8-00, § 1, 7-18-00) Secs. 94-84-94-95. Reserved. DIVISION 3. DISTRICT REGULATIONS* Sec. 94-96. R-1 low density residential dis- trict. (a) Signs are permitted in the R-1 low density residential district as listed in table 94-96-1. *Cross reference—Supplementary zoning district regu- lations, § 110-466 et seq. SIGNS § 94.99 (b) Any sign not specifically permitted in the R-1 district is prohibited. (Ord. No. 8-00, § 1, 7-18-00) Cross reference—R-1 low density residential district, § 110-271 et seq. 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. (Ord. No. 8-00, § 1, 7-18-00) Cross reference—R-2 medium density residential ds- trict, § 110-291 et seq. 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. (Ord. No. 8-00, § 1, 7-18-00) Cross reference—R-3 medium density residential dis- trict, § 110-311 et seq. Sec. 94-99. C-1 low density commercial dis- trict, C-2 commercial/manufac- turing district and M-1 light in- dustrial and research and development district. (a) Signs are permitted in the C-1 low density commercial district, C-2 commercial/manufactur- ing district and the M-1 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. (Ord. No. 8-00, § 1, 7-18-00) Cross references—C-1 low density commercial district, § 110-331 et seq.; M-1 light industrial and research and development district, § 110-351 et seq. Supp. No. 8 CD94:15 § 94-100 CAPE CANAVERAL CODE 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 Any sign not specifically permitted under this section is prohibited. Supp. No. 8 CD94:16 District Shopping cen- terlMulti-Ten- Automotiue ant Center in Service Sta- Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 any district tion in C-1 Real estate Max. no. 1 1 1 1 on primary prop- (per district (per district erty frontage requirement) requirement) Max. area 6 s.f 6 s.f. 32 s.f. 32 s.f. Max. height 4' 4' 8' 8' Political Max. no. 2 2 2 1 per candidate (per district (per district per lot, if > 250 ft. requirement) requirement) of frontage then 2 permitted Max. area 5 s.f. 5 s.f. 5 s.f. 32 s.f. Construc- Max. no. 1 1 1 2 (per district (per district tion/future requirement) requirement) improve- ments Max. area 16 s.f. 16 s.f. 16 s.f. 32 s.f. Max. height 3' 3' 3' 8' Home occu- Max. no. 1 1 1 1 n/a n/a pation Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. n/a n/a Exceptions/notes for Not permitted Apply to multi -family only 2 of the following 3 options are permitted per par - ground and wall signs cel Ground Max. no. 1 1 1 per street front- 1 per street 1 on primary age frontage street front- age Max area 75 s.f. 75 s.f. 150 s.f. 15% of wall (per district space height requirement) times business frontage, max. 128 s.f. perpen- dicular & 160 s.f. parallel to street Max height 25' 25' 30' n/a 30' Max. width 25' 25' 25' n/a n/a Wall Max. no. 1 (on main 1 (on main Perpendicular to 1 per tenant 1 structure) structure) street) on each space end of the build- ing, parallel to street: 1 sign Max. area 50 s.f. 128 s.f. Perpendicular: 1 15% of wall (per district s.f. per lineal foot space height requirement) of building width, times business max. 128 s.f. each frontage, max. sign, Parallel: 1 128 s.f. perpen- s.f. per lineal foot dicular & 160 of building front- s.f. parallel to age, max. 160 s.f. I street Any sign not specifically permitted under this section is prohibited. Supp. No. 8 CD94:16 SIGNS § 94-101 (b) New shopping centers and multi -tenant centers shall be required to produce a unified sign plan along with its request for development approval. (Ord. No. 8-00, § 1, 7-18-00) Cross reference—District regulations, § 110-246 et seq. Sec. 94-101. Automotive service station al- lowed by special exception in C-1 zoning district. (a) Signs are permitted in the C-1 low density commercial district for automotive service sta- tions as listed in table 94-96-1. (b) Fuel dispensing pump signs (signs on pumps must be an integral part of the pump structure) are exempt from the permitting requirements. (c) The following signs are specifically prohib- ited: (1) Attention -getting devices, banners, stream- ers, whirligigs, flashing, intermittent, elec- trical or iridescent devices; (2) Air inflated devices; or (3) Any sign not specifically permitted. (Ord. No. 8-00, § 1, 7-18-00) Supp. No. 8 CD94:17 Chapters 95-97 RESERVED CD95:1