HomeMy WebLinkAboutPacket 08-30-2007 WorkshopCALL TO ORDER:
ROLL CALL:
DISCUSSION:
ty of Cape Canaveral
. WORKSHOP MEETING
INING & ZONING BOARD
HALL ANNEX
Cape Canaveral, Florida
Thursday
lust 30, 2007
5:30 PM
AGENDA
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
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
Updated status version
May 3, 2007
Suggested Revisions to the City of Cape Canaveral Sign Ordinance
A Working Document
Todd Morley
Building Official
What's different about this version:
• 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.
• Donald Dunn's definition of "Street" is included.
• At a business owner request an additional item is proposed under
exemptions: "Flag, other than governmental" for nationally franchised
businesses is included for discussion.
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.
Status updates are abbreviated as follows:
WKSHP 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: Any sign made of cloth or other material designed to fit over an existing
sign. Also know as a slip sign.
My comment:
These types of signs are widely used for temporary -type advertisements until the
permanent sign is installed and should be addressed. as a temporary sign. This is listed
under exempt signs. We treed to let the P&Z Board decide an appropriate length of time.
I would start with 60 days.
WKSHP Status: OK. However the group expressed their desire that the word
"temporary" be inserted as the second word in the definition.
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.
My comment:
'This can cover a multitude of very large displays; from gorillas to dancing stickmen. It is
listed under prohibited signs.
WKSHP Status: OK
Banner — a sign composed of lightweight flexible fabric -like material designated to
attract attention. Excluding Government flags.
My comment:
Regulated under temporary sigms.
WKSHP Status: Re -visit while reviewing temporary signage proposal.
Bulletin Board: A permanent sign, attached to a building or ground sign, for posting
notices with removable letters, words, or numerals. indientine the names o.
tted with. or anneeneement of events of! neti-Ades eendueted uven the site of
. Such sign shall not exceed 6 s.f. and shall not
contain an Electronic Message Board.
My comment:
Included under Pry Exempt signs and features.
WKSHP Status: The group decided to postpone this item until reviewing the
temporary signage proposal.
Chalk Board — a hard, smooth, usually dark surface used for writing and drawing
on with chalk.
My comment:
Addressed under exemptions.
WKSHP Status: The group decided to postpone this item until reviewing the
temporary signage proposal.
2
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 of
street pavement. (see attached figure
My comment:
'This is a new concept for our sign code. It will basically describe a zone which is to be
free of any kind of signage which could constitute a vehicular visibility hindrance, while
zn
still allowing some design/1
)Iacement options above the specified zone. This will be very
helpful for the Code Enforcement Department, since sonic currently non -conforming
existing signs could comply with this concept and become conforming. Please see
drawing.
WKSHP Status: Do not include this item.
Dilapidated Sian: 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.
My comment:
Included in Purpose and Scope.
This clearly puts a sign without a face, or a sign in need of re -painting under code
enforcement authority.
WKSHP Status: OK
Edge of Pavement: The bordering edge of roadway material (asRhalt, macadam,
marl, etc.) exclusive of curbiny-.
My comment:
Since we are referring to the edge of pavement in our measurement methodology, this
Z1.>
needs to be clarified to ensure that we are not talking about the curb. Many streets do not
have a curb.
WKSHP Status: OK
Electronic Message Board - A portion of a permitted sign dedicated to display
modification by electronic manipulation.
Small business owners and sign contractor's comments:
The overall sign will still be regulated by signage area. The change of display is only
signage
regulated by the 60 -second rule, below. (Each page of message must remain unchanged
In
for a period of 60 seconds) This type of sign encompasses only changes of graphic
displays involving alphanurnedc characters. Electronic imaging, other than alphanumeric
characters, is prohibited.
WKSHP Status: Use City Attorney's definition of "Electronic sign". Further the
group agreed that the City Attorney's definition should be revised to read '-A sign
t.-�
on which the copy changes automatically ." (striking the words
"by electronic means")
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.
My comment:
This is defined for the purpose of determining frontage when a parcel abuts two or more
roads. The applicant can make a choice of one or the other of the streets, but not both.
WKSHP Status: Do not include this item.
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.
My comment:
This is addressed under Exemptions.
WKSHP Status: Do not include this item.. The group agreed that this is content -
based.
Hanging sign: a sign attached to and extending below a marquee, ceiling or canopy.
Small business owner comment:
Soine tenant storefronts have very, little wall space to display a sign. They would like to
have the option to display a hanging sign for walk-up traffic. Referenced under permitted
signs, below.
WKSHP Status: OK.
Informational Signage: a legally required display not exceeding two (2) square feet
in area, which provides information regarding merchandise type, safety
information, instructions or other information not specific to advertising Me.
cautionary statements, legal notices, MSDS postings).
My comment:
Certain displays are necessary to comply with legal regulations and should not be
hampered by this code. Although this inay relate to content, it is intended to exempt
signage which isn't really advertising anything.
WKSHP Status: Do not include this item. The group agreed that this is content -
based.
0
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.
Sign contractor's comments:
This is a ground sign typically set on or very close to, the ground.
These will remain regulated as ground signs. To the sign -making community, a
monument sign is different than a pole or ground sign and should simply be defined.
WKSHP Status: OAK.
Mural: A work of art (as a painting) applied to and made integral with a wall or
ceiling surface. Exclusive of alphanumeric characters.
Small business owner's comments:
This should be allowed without permit if artistically executed.
My comment:
This definition comes right out of Webster's Ninth New Collegiate Dictionary. Residents
and business owners have requested that we allow murals. 1, hey are listed below under
exemptions, with the provision that they be approved by the CAB. The exclusion of
alphanumeric characters indicates that a permit is not required for the portion considered
artwork. If the applicant desires to utilize alphanumeric characters within a mural, then
the area encompassing the alphanumeric display will be figured into the total allowable
wall signage area. The maintenance of this artwork can be regulated under 34-98(4).
WKSHP Status: OK with the provision that the definition be amended to read: "A
sign whose display is applied to and made integral with...."
Paper Sign: A sign whose display is applied to paper material.
My comment:
A good idea from another municipality's sign code. This is under prohibited signs.
WKSHP Status: This is not necessary as it is addressed in the City Attorney's draft.
Rotating paddle signs: a propeller, or a group of propellers, designed to rotate in the
wind.
My comment:
A good idea from another municipality's sign code. Classified under prohibited.
WKSHP Status: OK
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 2x4 or 4x4 posts)
5
My comment:
Designed to regulate construction signs and certain "Property For Sale" signs without being
message -based. See temporary sign table, below.
WKSHP Status: The group decided to postpone this item until reviewing the
temporary signage proposal.
Portable Electronic Message Board/Portable Reader Board: An Electronic Message
Board or a Reader Board securely mounted to a trailer.
Sign contractor comments:
Portable electronic message boards and reader boards are a very effective tool for
businesses to spark interest and quickly draw customers, but are not needed pennanently.
They should be permitted for a specified duration.
My comment:
These are classified as temporary signs and are regulated in the temporary sign table,
below.
WKSHP Status: The group decided to postpone this item until reviewing; the
temporary signage proposal.
Reader Board: A portion of a permitted sign dedicated to display modification by
manual manipulation.
Mv comment:
The overall sign will still be regulated by signage area. The change of display is
exempted from regulation, below. This type of sign. refers to changes of graphic displays
involving alphanumeric characters only. Our current code is silent on this issue.
WKSHP Status: OK
Sandwich Board — a free-standing, one or two-sided sign, in the shape of an inverted
"V". set upon the ground.
Small business owner's comments:
Willing to pay a permit fee for this temporary signage.
My comment:
These are classified as temporary signs and are regulated in the temporary sign table,
below.
WKSHP Status: The group decided to postpone this item until reviewing; the
temporary signage proposal.
Slip Sign: See bag sign
My comment:
Slang for Bag sign.
0
WKSHP Status: OK
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.
Small business owner's comments:
Willing to pay a permit fee for this temporary signage. Some business owners want the
ability to display these in the right-of-way (ex: Open House signs). Others have stated
that these temporary signs can stay on private property. Both factions agree that a
temporary sign should never be in the visibility triangle.
My comment:
These are classified as temporary signs and a proposed regulation is in the temporary sign
table, below.
WKSHP Status: 'The group decided to postpone this item until reviewing the
temporary signage proposal.
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.
Sign contractor's comment:
This is part of the electronic message board prohibitions. Such signs should be able to
convey the alphanumeric message, but not use attention -getting animation.
WKSHP Status: The group agreed to reference the City Attorney's definition of
Hazardous sign.
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.
My comment:
Copied from 98-1. I added the exclusion of private drive.
WKSHP Status: The group preferred a suggestion made by P&, Z Boardmember
Donald Dunn: "Any public or private, paved or unpaved, improved or unimproved
surface used for vehicular traffic."
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
7
WKSHP Status: The group agreed that re -stating here is unnecessary, since it is
stated elsewhere in the City code.
Temporary Signage: Alphanumeric and graphic displays which are designed to be
readily removable.
WKSHP Status: The group agreed to reference City Attorney's definition.
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 proiect more than 1/811.
WKSHP Status: The group agreed that re -stating here is unnecessary, since it is
already covered in the City code.
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)
My comment:
This wording was changed to reflect how the ordinance is being enforced. I also created
a new illustration. My field personnel have a difficult time measuring from the property
line because, without a surveyor's stakes and string lines present, it's hard to know
exactly where to measure from. The edge of pavement is fixed and easily verifiable.
What happens when the roadway is widened? I admit this could create a non -conformity
in this case. But then the sign would be protected under the non -conforming code.
We have somewhat contradictory information in the current ordinance:
The current ordinance illustration shows that the measurement is taken from the
property line; but the text says to measure from the Street Right of way OR the
property line. The street ROW is defined as the area used for vehicular traffic,
(read: "not the sidewalk"). So we measure from the edge of pavement — the area
used for vehicular traffic.
Further, the ordinance allows fences, walls and hedges up to 4' high to be erected on the
front line of a parcel, provided it does not occupy a 25' visibility triangle. That means a
4' high wall can be erected, on the 45 degree diagonal plane 25' back, but as soon as you
put a sign on it, the wall has to move back another 10'.
(going a little deeper — the fences, walls and hedges section may need to be aligned with
this method of measurement)
WKSHP Status: OK. The group also agreed that the fences, walls and hedges
section needs to undergo a revision to align it with this methodology.
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
sign. Such altered or damaged signs shall be replaced in conformance with this
code.
My comment:
Just a point of clarification.
WKSHP Status: The grouped preferred the term "prohibited" instead of "made
non -conforming"
■ Additional commentary was made regarding the establishment of standards for
"Quality signs". The sign standards would encompass, among other thing: uniform
themes, acceptable materials and a prohibition of pole signs. There was some
disagreement regarding whether existing; signs should be amortized or whether the
new standards should only apply to new signs. The group agreed the concept
required further study and suggested that interested members take photos of the
types of signs they would like to see in the City. The City Attorney suggested that
the ordinance reference graphic standards in the code showing (in graphic format)
the types of signs that would be acceptable and types that would not.
Variance
Provisions for a variance procedure would need to be inserted here. For brevity
purposes I have not included them.
My comment:
Several members of the business community have requested that we provide a variance
process for the sign code.
WKSHP Status: OK. The group requested that staff develop a procedure.
Changes to Exemptions:
Bag Signs — not exceeding 60 days.
Sign contractor's comments:
60 days is normally enough lead-time to order new faces. However, after a hurricane,
that length of time could be a year. See: Disaster Relief temporary signage, below.
WKSHP Status: OK. However, the group requested the wording to be changed to
include this language: "The building official may approve one or more extensions of
30 clays upon good cause shown."
Banners over streets for City -sponsored events
Sign contractor's comments:
The City should be allowed to decorate and promote events like the "Reindeer Run" or a
parade by hanging a banner over the street when there is to be no regular vehicular traffic
for a specified duration.
0
WKSHP Status: Postponed. The City Attorney expressed his desire to look into the
constitutionality of this item. The group agreed that, if allowed, this item should not
be listed under "exempt". Rather, it should be listed under "permitted".
Bulletin Boards — not exceeding 6 s.f. and not containing an Electronic Message
Board.
Chalk Boards - not exceeding 6 s.f. and attached to a building.
Flags, governmental
Flags, other than governmental
My comment:
This type of advertising is currently permitted under the term "banner" and is allowed as
a temporary permit.
Business owner comment:
Certain national franchises have internal policies requiring the display of a flag
advertising the business. Would like to see the City code reference a distinction between
businesses which are national franchises and businesses which are not.
Fuel Pump Signage
Wall signage in residential districts — provided that such sign is non -illuminated and
does not exceed 2 s.f. 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.
My comment:
Formerly Home Occupation signage. This type of sign is regulated for size, placement
and quantity (see chart).
Holiday displays temporarily installed by Cily personnel in the Right -Of -Way
Sign contractor's comments:
The City has historically and should be allowed to continue to decorate utility poles with
holiday displays. Would like to see the City attempt to work toward private sponsorship
of individual displays.
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).
Small business owner's comments:
This should be allowed without permit if artistically executed.
My comment:
10
If this is enacted, sec 22-40 needs to be amended to put this under the scope of CAB.
Any alphanumeric portion would have to be accounted for as signage area.
Change in the cony 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 rule.
Signs painted for maintenance purposes only. Such maintenance shall not include
any changes to size, shape, or structural supporting members, or alphanumeric
display. Painting includes removal of sign face, refurbishment of such face including
the alphanumeric display to the original condition, and the re -installation of the
refurbished sign.
My comment:
This was in the previous code, but in need of clarification.
Water -going vessels
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 display to the original condition and the re-
installation of the repaired/replaced sign face.
My comment:
If there is a damaged sign face, in need of repair and there is to be no change to that sign
face, it should be exempt from permitting and CAB.
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.
My comment:
This was originally conceived after the hurricanes, but now I'm thinking we shouldn't
limit it to disasters and emergencies. If the City is sponsoring a cultural/historic event at
a City park pavilion, the City should be able to post these as temporary signs. Hopefully
this can find a home in the temporary sign section.
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
I
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.
Small business owner's comments:
This was a sore subject after the hurricanes. They requested temporary signage after the
hurricanes but were told that the ordinance prohibited it. They feel they deserve to get a
message out that they are at least "open for business".
Vehicle signs — provided that such signage not proiect from or increase the size of
the vehicle.
(i) Expesed eleettioal diseharge -lighting -(seen or fliaeTeseent). Exposed
diseha«s lighting (nee: .., a uv
leea4e within the city.
1V VLLLVLL
Sign contractor comment:
Why restrict the use of exposed neon or fluorescent lighting if the sign is approved by the
CAB?
My comment:
We should consider keeping this restriction for residentially zoned properties.
6) Aeeent lighting. Aeeent lighting en the extefief of any building is st6etly pfehibite
within the City.
My comment:
This type of lighting does not constitute signage.
Prohibited Signs and Features:
Balloons
Bullseve, divergent, sequential or flashing lights designed to focus attention to a
single point.
My comment:
A good idea from another municipality's sign code.
Paper signs
Signs or Merchandise displays in the City Right of Way.
My comment:
This blends permanent, temporary, portable and movable signs or displays of
merchandise in one location. ;`Dote: some business owners want to have the ability to
place certain temporary signs in the ROW (ex: Open House signs).
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.
12
ORDINANCE NO. -2447
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 oaf' 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
stiikee 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 any balloon anchored on private property for the purpose of advertisement.
***
or- sefviee is net available fer- sale er- peFfefmanee at the plaee where 4he sign is leea4ed.
***
Directional on a c o guiding people
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 strive, 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 vermitted hereunder, comprises individual letters, numbers, symbols
and the like where the exterior wall of the building Mpon which it is affixed acts as the
background of the sign shall be calculated within the smallest regular geometric figure needed to
encompass the sigg 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 veriod 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 anv 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 Be! related in its subjeet ** *e the F he pr-efMses en Whieh it is located.
On-site or onpremises sign means a sign (1) identifying an activity conducted oI products or
services available on the premises where the sign is located or (2) displaying a noncommercial
message or (3) any combination of the first two. related t �,' ,-
«- �v v... �ev.t •�♦aR ea v tpremises V
which -� ll
-2�1:1Si Li
Real esmte sign gn used selely for- the sEde or- lease of pf:epeily en wl-ieh the si i
leeated.
City of Cape Canaveral
Ordinance _-2007
Page 3 of 21
Sign means any surface, fabric, device or display, whether illuminated or non -illuminated
desianed to identify, announce, direct or inform and that and ineludes e e disple.. bill . a
ground sign, wall sign, illun-Anated sign, pr-ejeefing sign, temperafy __ff
411�uussftkatiea or- insignia used to a&eftise or- pr-efaete the interests of any pffsen, business or event
• n S 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 sign displayed before, during or after an event or occurrence scheduled
at a specific time and place. ,
plywood or- other- light materials, m4th or-,Ai�eut frames, iffit.peanded * be displayed for- the ex4eal
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 timeproviding for the health dwg-MU
pr$teet the safety and welfare of the public by reducing the adverse effects of signs on safety
property values, traffic and the enjoyment of the scenic beauty of the City! These regulations
are intended to avoid excessive competition and clutter among sign displays in the demand for
public attention, eliminate dangerous, dilapidated and unsightly signs and provide for adequate
maintenance and inspection of signs within the corporate limits of the City, consistent with
constitutional guarantees and while providing for adequate opportunities for effective means of
communication. merit eu4 impeding uaa�v
the ;,,l,eivezi right + r business to adveF file and- _. bly
utv
types,assist pe4ential eustemer-s in leeating and idefftifying )r- faeflity they may desire to
sizes,
pe!Weal or- flail Pelkieal ! mfefeRda,
,
! and
Temporary signs means a sign displayed before, during or after an event or occurrence scheduled
at a specific time and place. ,
plywood or- other- light materials, m4th or-,Ai�eut frames, iffit.peanded * be displayed for- the ex4eal
Sec. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate the number, size, type, use, design, construction
and location of signs within the City. These regulations are established in order to promote the
overall economic well-being of the City while at the same timeproviding for the health dwg-MU
pr$teet 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. merit eu4 impeding uaa�v
the ;,,l,eivezi right + r business to adveF file and- _. bly
utv
types,assist pe4ential eustemer-s in leeating and idefftifying )r- faeflity they may desire to
City of Cape Canaveral
Ordinance _-2007
Page 4 of 21
sizes,
heights,
!
! and
inspeefien
7
!
,
materia!peffnits
!
!
7
City of Cape Canaveral
Ordinance _-2007
Page 4 of 21
(e b) For p=oses of Tdiis chapter, is eAse 4,Ae de toiem+A on p ^ ^ +signs
the eity, and any lawful sign may display a noncommercial message in addition to, or in
lieu of, any other message. the Yu:peses of his eh"r— a�All noncommercial speech shall be
deemed to be an on -premises. NetWiag in this ''r + " "h" 6 elskemed 'e be
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: ^_o a i
o.,eluded foe the opefa ^^ e fth s ^,,,,pter-.,_,..ss
^`^� u u u
lher rise ne�.
(1) Decals affixed to and normally associated with signs er-sigmas 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 ien 94 1 defi .+.^., );
(3) One sign or tablet per building of four square feet or less when cut into any masomy
surface or when constructed of bronze or other incombustible materials and attached to the
surface of the building; Me e tablets or- plf WHdines d ,
(-5 4) Bulletin boards, not to exceed two, each not over eight square feet in area blie
feet;
nena^ e
City of Cape Canaveral
Ordinance _-2007
Page 5 of 21
M19M V9
nena^ e
City of Cape Canaveral
Ordinance _-2007
Page 5 of 21
TMr jr
(-19 �) 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
> in, eut,
ete. when less than elle
square feet i n size and neo ex-ee:edsrg two &• ki height;
(4-1.6) Window signs that do not exceed 25 percent of the total window glass area for each side
of the building or unit thereof ' and are placed in the upper or lower half of
the window glass area. In addition. the total square footage of the window signs. 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 i3adividtW glazed ama. Further, dw 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
07 Temporary 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
proopegy, 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 peMeal s4gasj 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, S.
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. exeept f - 4hese whieh are
s >
mailed er-
City of Cape Canaveral
Ordinance _-2007
Page 6 of 21
(-19 �) 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
> in, eut,
ete. when less than elle
square feet i n size and neo ex-ee:edsrg two &• ki height;
(4-1.6) Window signs that do not exceed 25 percent of the total window glass area for each side
of the building or unit thereof ' and are placed in the upper or lower half of
the window glass area. In addition. the total square footage of the window signs. 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 i3adividtW glazed ama. Further, dw 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
07 Temporary 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
proopegy, 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 peMeal s4gasj 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, S.
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. exeept f - 4hese whieh are
s >
mailed er-
City of Cape Canaveral
Ordinance _-2007
Page 6 of 21
(g) Off Merchandise displays on rights ofway Permanent, temporarX,
portable or movable signs or displays of merchandise located on any street sidewalk alley or
right-of-way are prohibited. 14 is expressed legisiative intent e f the ei:y eeirmeil that there
,
sidewalk, alley, right ef way or publie thefeughfafe fef 4he display of-menhandise for- sale eF the
any pefsen of +1, parking arc s--ETF-other-"es of-Eefffti Lanees whieh-a�, in and e
per-sonthemselves, unique And -
and are parked for the puTese of at#aefing at4ewien to
r
is attaeked a sign a&ei4isiag the business or- pr-oduee sold by the busiae% or- any pefsen of
i
slegan of tffidemar* ef ether- emblem whieh identifies 4he vehiele's e�A%er- er- business I'M a
(h) Off -premise signs. Any sign + related ' its t,' subject fna4e,. to the p h •t
prohibited, iq
leeated is „less et speeified in the Code-.
(r) Temporary signs, unless specifically authorized under this Chaptermenfiened in this
eede.
(v) Balloon display:
(w) Discontinued signs.
(x) Electronic signs animated signs or signs of a flashing, running or revolving nature
(y) Snipe signs.
(z) Obscene signs.
(aa) Hazardous Signs.
(bb) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from
the right-of-way or adjacent property;
cc Signs located or erected on a parked motor vehicle which are intended primarily -for
display purposes and not regularly used for transportation purposes and which are visible from
the right-of-way or adjacent property,
City of Cape Canaveral
Ordinance _-2007
Page 7 of 21
Sec. 94-11. Maintenance, notice to repair.
MVM.W-W.--PW5
Y.
(a) All signs shall be erected, placed and maintained in a state of good and safe
repair. Damaged signs shall be promptly removed, repaired, orreplaced. If a sign
is painted, in whole or in part, the sign shall be kept well -painted. Such sign shall
be repainted whenever the paint is peeled, blistered, or faded.
bb) All signs shall be constructed and maintained in accordance with the provisions
and requirements of the City's Building Codes, Electrical Codes, and other
anulicable codes.
(ci All copy area shall be maintained so as to be legible and complete.
All signs shall be maintained in a vertical position unless originally permitted
otherwise, and in good and safe condition.
(e) Damaged faces or structural members shall be promptly removed, repaired or
replaced.
fid 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 fere
emift 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 proopegy won
which proposed sign is to be located
(4) The zoning and future land use designation of the property on which the sign is to
be located.
(5) The type of sign, square footage height and location of all signs currently located on
the premises.
(6) The We of sign. square footage design sign area, height. location and fully
dimensioned elevation drawings of the sign or sign proposed to be erected on the premises If
the sign is to be electrically lighted the electrical plans and specifications for the sign In
addition. the name and address of the electrical contractor accompanied by the appropriate
electrical permit application.
(7) Written permission of the property owner to erect theproposed sign if the applicant is
not the property owner.
MA 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 temppLaa signs the site plan shall show the distance from the rihg t of wgy
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 R
City of Cape Canaveral
Ordinance _-2007
Page 9 of 21
si n. (10) The type of construction materials sign supports electrical details for the proposed
(11) Wind load calculations and footer details for the proposed sign as required by the
City's adopted building code
(b) The building official shall grant or deny the sign permit application within forty-
five (45) days from the date that a completed application and permit fee was filed with the City
unless aesthetic review of the proposed sign is required under sections 22-36 et seq.. Citv Code
then sixty (60) days. Notwithstanding any contrary sign application requirements contained in
this section any person may request that a sign or signs be approved as part of an overall
proposed development plan for a particular land development project In such cases the person
will be required to submit the plans and specifications of the sign(s) with the plans and
specifications for the proposed land development project The proposed sign(s) will be reviewed
and approved in conjunction with the site plan review aesthetic review, and building permit
review.
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 p6er. appr-evA is a from the
Mith-the
(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 seg. 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 I 0 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. AM 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
An applioant whose appheation is denied by the eenstFue4ion board of adjustment may
pivaup*sr "'y oplieafi The record of the hearing shall consist of the complete record
review said ••
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, fEW 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 citymanager 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 necessaa for judicial review of the
revocation decision. Any person aggrieved by a final decision of the construction board of
adiustment 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 , the eity
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.
City of Cape Canaveral
Ordinance _-2007
Page 11 of 21
ARTICLE III. SIZE, LOCATION AND CONSTRUCTION
DIVISION 2. TYPES OF SIGNS
See. 94-76. Temporary on -premises signs.
(a) Temporary on -premises signs shall be permitted under the following conditions:
1) Provided the temporary sign satisfies all the requirements of this section, no
permit shall be required under section 94-31
(2) Temporary signs shall be 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 (e.g., the scheduled event or occurrence has concluded)
(4) Temporary signs greater than four (4) square feet shall be permitted for a period
of up to sixty (60) days once a year, per event or activity. The display period for
temporary signs greater than four (4) square feet shall not run consecutive with another
display period and must be separated by a period of no less than sixty (60) days
(5) On residential property, no one temporary sign shall exceed six (6) square feet
and the total number of tem oEM signs on any one residential property shall not exceed
three 3
(6) On non-residential property no one temporary sign shall exceed thirty two (32)
square feet and the total area of temporary signs a on any 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 empor sign shall be four (4) feet on residential
RropM. or eight (8) feet on any non-residential property
L9) Minimum setbacks for anpart of the texnj2oLaU sign structure shall be a
minimum of five (5) feet from anv right-of-way and twenty-five (25) feet from anther
adjoining property line except the streets listed below shall have the following set backs:
City of Cape Canaveral
Ordinance _-2007
Page 12 of 21
Minimum Setback
Street from Right -of -Way
Astronaut Boulevard (SR A1A) 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
city 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 constructedof sturdv 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)Nuare feet on residentialpmperty 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 miect is not completed within one (1) year, the city manager may
an appropriate extension(s) not to exceed the removal date set forth under this subsection
(1). All signs must be removed from the prolegy_within seven (7) days of the date on
which the proiect is completed, suspended, or abandoned for at least three months. Signs
allowed under this subsection are exempt from subsections (a) (2) and (aa) (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
property not to exceed ninety-six (96) square feet, and on residential property not to
exceed twelve (12) square feet. A banner sign may be erected for a maximum of thirty
(30) days on nonresidential p operty 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) (1) 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. Sys in mAalation. Emergency Response Svstem.
For 911 and emergencv response purposes, the primary address of the building shall be
displayed on the property and shall be visible from thepublic 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 numeralstletters a minimum of eight (8) inches in heigbt but the
address shall not be counted against allowable copy area. in addition to the address being poste
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 asainst allowable
copy area.
•r*i��zia xReserved.Eas.
i_ r.
MIN
City of Cape Canaveral
Ordinance _-2007
Page 14 of 21
• s
Sec. 94-77. Sys in mAalation. Emergency Response Svstem.
For 911 and emergencv response purposes, the primary address of the building shall be
displayed on the property and shall be visible from thepublic 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 numeralstletters a minimum of eight (8) inches in heigbt but the
address shall not be counted against allowable copy area. in addition to the address being poste
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 asainst allowable
copy area.
•r*i��zia xReserved.Eas.
i_ r.
MIN
City of Cape Canaveral
Ordinance _-2007
Page 14 of 21
See. 94 . . Reserved.
cid— A- heusing prejeet-or subdivisien wMin the •.ty eensistingof ten a —mete
(2) Any new business opening Aithia the eity; of
City of Cape Canaveral
Ordinance -2007
Page 15 —of 21
mw/.
See. 94 . . Reserved.
cid— A- heusing prejeet-or subdivisien wMin the •.ty eensistingof ten a —mete
(2) Any new business opening Aithia the eity; of
City of Cape Canaveral
Ordinance -2007
Page 15 —of 21
must be fmwved fte later then
,
five deys afier the speeial event hm eeneluded. A peblie
sign,aad
interest
.
DIVISION 3. DISTRICT REGULATIONS
City of Cape Canaveral
Ordinance _-2007
Page 16 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
centertMulti-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
on
S;4ion
9476
Sim
9476
76
Real estate
Max. no
I
I
4
1
ftnmp
(Fff disuiL4
Fequife)
(PeF diSbi
Fequifeme
Max. area
6 s.f.
6 s.f,
32 6 s.f.
32 s.f
Max. height
4'
4'
8' 4'
8'
pelitioal
Man. no.�
—
2
—
2
1 pef Cndidate pe
let t
"RI" theA 3
(}StFiC
�
requ4ment)
(per disuzie
fequiief ie it))
Matir8F2a
3i
�-6=
6 -s -f-
32-S:
Ge"56metian
Kutuf2
impfovements
Ma*. fie.
-t-
}
3_
(per- disMet
FequiFeffleflo
Max. area
16 s.f.
16 s.f"
l6 s.f.
32 s.f.
Max. height
X 4'
3 4'
3' 4'
8'
Max..area
2S -f•
9 s.f
9 s.f
9 s"f.
Max. he t
4'
4'
4'
4'
Home
Max" no"
I
I
I
I
n/a
rda
occupation
Max area
2 s.f.
2 s.f
2 s.f.
2 s.f
n/a
n/a
Exceptions/notes for ground
Not
Apply to multi -family
2 of the following 3 options are permitted per parcel
and wall signs
permitted 1
only
Ground
Max. no.
1
1
1 per street frontage
1 per street frontage
I on primary
street ftqntW
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
Na
wall
Max. no.
I (on
I (on
Perpendicuiaz to
I per tenant space
1
main
main
street I on each end of
structure)
struchue)
the buildan& 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: I s.f"
s.f. perpendicular &
per lineal foot of
160 s.f parallel to
building frontage, max.
street
160 s.f.
Banner Sim
Max" "
I
j
I
nJa::n::t:a:::::::::::::j
Max area
96 s f.
96 s.f I
9-6s f
26 s.f.
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 properly or public rights-of-way mage
removed by the Cily or its agents without notice to the sign owner.
(b) Should anv 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 beplaced inog od repair or remove the sign
(c) Removal of illegally erected signs. The owner owner's agent, or person in control of
Any property where an illegally erected sign is located shall have the sign immediately removed
(d) Termination of unlawful illumination Upon receipt of written notification by the Code
Enforcement Officer or 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 anv 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 cgntoM no sign or sign structure shall
be subject to anv 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 -PW, section subsection paragraph subpararaQh sentence phrase clause
term, or word of this chapter 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 partsection subsection, paragraph subparagraph sentence Phrase,clause, term, or word
of this chapter.
City of Cape Canaveral
Ordinance -2007
Page 18_ of 21
(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 chanter, this
Code or any adopting_ ordinance if any partsection subsection, paragraph, subparagraph
sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid
iudgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect M other partsection subsection paragraph subparagraph
sentence, phrase, clause, term, or word of this article, even if such severability would result in a
situation where there would be less speech whether by subjecting_ previously exempt signs to
permitting or otherwise.
(c) Severability ofprovisions pertaining to prohibited sirens Without diminishing or limiting in
M way the declaration of severability set forth above in subsection (a), or elsewhere in this
chapter this Code or any adopting ordinance if any partsection subsection, paragraph
subarag Wh, 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 partsection subsection
paragraph, subparaUVh, sentence, phrase, clause, term, or word of this chapter that pertains to
prohibited signs, including_specifically those signs and sign=types Rmhibited and not allowed
under section 94-6 of this chapter. Furthermore if any part section subsection, paragraph
subparagraph, sentence, phrase, clause, term, or word of section 94-6 is declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect any other partsection subsection paragraph subparagraph
sentence, phrase, clause. term. or word of section 94-6.
(d) Severability ofprohibition on Q f -Premise Si jag
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 vrohibition 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 s#eeut type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Appendix B. It is intended that the text in
Appendix B denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
APPENDIX B SCHEDULE OF FEES
***
ChapterK Signs
(a)
Pem*fwshWbecakuWWonaftW
rnnhar rAW m*w %tftPrJkm tai of
30.00
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 92007.
ROCKY RANDELS, Mayor
ATTEST: For Against
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
Chapter 82 rA Appen6a Bvft a
minimum fee of ...._._
(b}
Re0spection fee......._.
25.00
94-35
(d J
For commencing work w ftA a per iL
A fees strati be double
(e)
I Review WgR
140A
194-4
"
I Temporary *m; and banters..........
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 92007.
ROCKY RANDELS, Mayor
ATTEST: For Against
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
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
My comment:
Other cities have had problems with this ...-just heading it off at the pass.
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.
My comment:
This is a tool to take the issue to the CEEB.
Rotating paddle signs.
My comment:
A good idea from another municipality's sign code.
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.
Sign contractor's comment:
This is part of the electronic rn.essage board prohibitions. Such signis should be able to
convey the alphanumeric message, but not use attention -getting animation or distracting
scrolling. It requires messages to be displayed for a minimum of a 60 -second cycle.
My comment:
Please note that an electronic message board — given its nature and definition of "spectacular''— is
prohibited. A sign is not prohibited. if it is not spectacular, i.e. the electronic message is changed
only once in any one minute period.
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.
My comment:
A good idea from another municipality's sign code.
13
Any sign which is not specifically permitted by this chapter is prohibited.
My comment:
A good place to make this clarification.
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
pfdnt, 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
F stfuetufe fef whieh a peffflit has been issued, se leng as the sign of sign strdetufe
medified in any way.
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
Sign contractor's comment:
.If a sign. can meet the Community Appearance Board requirements, why can't it
be permitted above a roof?
• 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;
My comment:
This is language brought forward from the exempt portion of the old code. This
makes the use of cut-out letters regulated by placement and area.
14
• Temporary sign — see table below for regulations.
• 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 Ml zoning districts.
Application for permit; review time limits; Community Appearance
Board; engineering
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 and Per -wit -fee was
filed with the City.
My comment:
Some minor modifications to the language and a time limit.
All signs subiect to the review provisions of Chapter 22 Article III Community
Appearance Board shall be completed within the forty-five (45) day limitation.
Sign Contractor's coimnent:
The contractors wish to limit the length of time required to 45 days, including CAB
review time.
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.
My comment:
Clarifying the language of 94-9. Most signs will require professional design engineering.
Certain types of signs (i.e. plywood signs, hanging signs) may not require engineering.
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 subse uq ently issue a permit if such application is found
to be in compliance with the requirements of this chapter and all applicable
technical and Cil, codes eondttet an investigation of the applieation, the proposed
(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
15
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.
My comment:
This offers an incentive for a property owner to make his sign conforming.
Criteria and standards for measurement and placement.
Ground signs shall not be located closer than eight (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.
My comment:
This enacts the definition and combines the clear height setback with the visibility
triangle (i.e. signs may be above the visibility triangle if they comply with the clear
height setback.)
No reader board, electronic message board or sign that allows interchangeable
letters or message shall be larger than thirty-two (32) square feet.
Sign contractor's comment:
This should be part of the reader board/electronic message board prohibitions. Such
signs should be able to convey the alphanumeric message within 32 s.f.
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
that will cause obstruction to pedestrian or automotive traffic in the City Right of
Way: and shall not be artificially illuminated.
16
Small Business Owner's comment:
Willing to pay a permit fee to have temporary signs.
Table note: if a property has an approved use other than the underlying Tonin;
designation, the approved use shall apply.
My comment:
Construction signs, Automotive service station signs, and Home Occupation sign signs
were deleted (message based); instead,
17
R-1
R-2
R-3
C-1, C-2, M-1
SHOPPING &
nrrrnr rn rrv�
TYPE OF SIGN
MUTLI-TENANT
SL'p�E
CENTERS
STATIONS G
ANY DISTRICT
4
CefisWdet
A,Twi we.
t
1
-2
Per- Distfie
Per- Dis4ie
MeaE Are
l6s.f
4469�
46Sf
42s-.
Me*
HeigM
4-
4
4
Exceptions -notes
Prohib
Apply to Multi -family only.
For ground & wall signs
ited
Signs shall be located near the
point of street access.
Ground Signs
Max No.
1 per street
1 per street
1 per street
1 per street frontage
One en primaiy
frontage/per
frontage.%per
frontage
`.feet ,.,.mage
access entrance
access
entrance
Max Area
75s.f. for first
75s.f. for first
(1) s.f per lineal ft.
(1) s.f. per lineal ft. of
1 Soo. fi.
sign, 32 s.f for
sign, 32 s.f
of property frontage
property frontage up to
subsequent
for
up to a max. of 150
a max. of 150 s.f.
subsequent
s. f.
Max
23'
Height
15'
25'
30'
30'
Max Width
25'
25'
25'
25'
23_
4-
-1
-1
-N/A
NFA
NSA
Ma3F?ffe@
2-s4
23-f
2s -.f
NAI
NA
INA
Wall Signage
Max No.
1
1 on main
1 on main
2
2 per tenant
4
structure and 1
structure and
Perpendieulaa-t
1 p tenant pae
supplementary
1
s"et: gin
sign per
supp(ementar
ano th
f d
cavrme
dwelling unit
y sign per
building, pox-allel
(located within
dwelling unit
to street: 1 sigh
36" of primary
(located
dwelling unit
within 36" of
door)
primary
dwelling unit
door
Max Area
2 s.f.
50s.f for main
128s.f. for
Parallel to street
Parallel to street 15%
Per distriet
sign and 2 s.f
main sign and
154 of wall height
of wall height times
requirement
for each
2 s.f. for each
times wall width of
wall width of wall
supplementary
supplementar
wall that sign is
that sign is located
sign
y sign
located on; rnax.
on; max. 160 s.f.
160 s.f.
Perpendicular: to
Perpendicular: to
street 15% of wall
street 15','/a of wall
height times wall
height times wall
width of wall that
width of wall that
sign is located on;
sign is located on;
max. 128 s.f.
max. 128 s.f.
Table note: if a property has an approved use other than the underlying Tonin;
designation, the approved use shall apply.
My comment:
Construction signs, Automotive service station signs, and Home Occupation sign signs
were deleted (message based); instead,
17
• Constructions signs were stricken in favor of "plywood signs" which can only be
placed on vacant and unimproved property.
• Automotive service stations were stricken as being discriminatory.
• Home Occupation signs were stricken in favor of wall signage in residential zones
and is now broken into either "main" or "supplementary" signage.
The area calculation of C1, C2 &Ml wall signage was changed to be consistent with the
current calculation of wall signage for "Shopping and Multi -tenant centers".
Benefits:
• A more uniform method of area calculation,
• Makes the wall sign area a function of the height and width of a wall, instead of a
Type
Max
Max. Size
Max. Height
Max. Duration
Notes
Banner
1
100 s.f.
No greater than the
30 days; twice per
Restricted to Cl, C2 and
height of the structure
it is suspended from.
year
M 1 zoning districts.
Plywood
1
32 s.f per face
15'
180 days; once per
Restricted to vacant, unimproved
year
property in any zoning district or
properties which are under an active
redevelopment permit in any zoning
district.
Portable
1
32 s.f per side
8'
15 days, four times
Restricted to C1, C2 and
Electronic
Two sides
per year.
Ml zoning districts.
Message/Reader
max.
boards
Sandwich
1
8 s.f per face
5'
Two days; once per
Restricted to Cl, C2 and
Board
week
M 1 zoning districts.
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.
function of only the width of a wall.
Sign Contractor's comment:
R2 Ground sign height reduced to 15' to mesh with CAB's wishes.
Large Business and Small Business owners comment:
The "two of three" wall sign concept was stricken in favor of "You get two wall signs
and one ground sign, period".
Temporary signage must comply with the following:
Sign contractor comments:
Portable electronic message boards and reader boards are a very effective tool for
businesses to spark interest and quickly draw customers. They should be permitted for a
specified duration.
Small Business Owner's comment:
Willing to pay a permit fee to have temporary signs. They will stay on private property
and not in the visibility triangle.
18
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 ox „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
§ r+4-6
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 com-
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 ARTICLE II. PERMITS AND INSPECTION
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.
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
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.
SIGNS
§ 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
Sec. 94-78. Political signs.
§ 94-78
(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
AIA)
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
SIGNS
(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.
§ 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 dis-
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-
Automotive
ant Center in
Service Sta-
7j pe 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.
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
CITY COUNCIL WORKSHOP WITH THE
PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
MONDAY
February 26, 2007
5:30 P.M.
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 5:30 P.M.
ROLL CALL.-
Council
ALL:Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor
Council Member
Chairperson
Vice Chairperson
City Manager
Assistant City
City Clerk
Building Official
Code Enforcement Officer
DISCUSSION:
Kate Latorre
Susan Stills
Todd Morley
Duree Alexander
1. Sign Code Amendments.
Mayor Randels stated that the City Attorney brought to the Council's attention that
signs must be language neutral in order be non-discriminatory. Mr. Morley stated that
City Council Workshop Meeting
with the Planning and Zoning Board
February 26, 2007
Page 2 of 6
his goal was to lead Council through the discussion to bring out some of the concerns,
comments and concepts. He stated that there were three viewpoints, that of the City,
the businesses and the residents. Mr. Morley stated that at least two of the three
factions would like to address changes. Mr. Nicholas asked if discussion would
continue page -by -page. Mr. Morley replied that he would provide input in a page -by -
page review.
He stated how in the past five years his department has heard such concerns as why
Cape Canaveral's code more stringent than other cities and that the Code was
outdated. Mr. Morley informed that most of the comments from the business
owners; however, there were several from the residents saying that some of the Codes
were not clear.
Mr. Morley addressed the following business owner concerns: 1) the limited
requirement for the number of signs, 2) the limited venue for temporary silage, 3) a
variance procedure, 4) a request for electronic rriessage boards, 5) portable` electronic
message boards, 6) above roof signs when no other conforming options exist, 7)
hanging signs for walk-up traffic at small businesses, S more and clearer definitions, 9)
murals, and 10) a clear height set -back -provision when other compliant options do not
exist.
Mr. Morley addressed the following resident concerns: 1) more temporary signs and
more temporary uses of the right-of-ways, and 2) a clearer prohibition on certain types
of signs.
Mr. Morley addressed the following as Code enforcement concerns: 1) more and
clearer definitions, 2) a variance procedure, 3) specificity in the permitting process, 4)
ability to waive permit fees in an effort'to come into compliance, 5) prohibition of
immoral display, and 6) conteit'neutral regulations.
Ms. Roberts asked if there were a need to grandfather any existing signs. Mr. Morley
identified that there were three factions of concern to compile into one document. He
planned to read through the City Attorney's draft Ordinance for comment.
Attorney Latorre explained that WHEREAS clause in discussion made the Ordinance
content neutral in that the Ordinance would not discriminate through its language. Mr.
Russell replied that the Code did not discriminate but regulated sign placement.
Discussion clarified that different regulations based on the content called for the
content neutral language. Attorney Latorre restated that the City could not allow
different codes for different signs.
Mr. Morley referred to Section 94-115. Attorney Latorre explained that in order to
codify the "Viewpoint Neutral" language, it was added to the code and not in the
WHEREAS clause. Mayor Pro Tem Hoog and Ms. Roberts questioned why safety
City Council Workshop Meeting
with the Planning and Zoning Board
February 26, 2007
Page 3 of 6
hazards were included. Attorney Latorre replied that when a substantial government
interest was present, the Courts would uphold those interests when a city would protect
its regulatory interests through safety. Attorney Latorre pointed out that the City was
regulating according to the sign's content referring to real estate and political signs.
Mr. Russell explained that amendments to the sign code came about in an effort to
create a Code that would clean up sign aesthetics. He emphasized that the City did
not ever attempt to regulate a sign's content. Discussion concluded that the verbiage
"content neutral" was to address a constitutional issue. Attorney Latorre clarified that
all signs would have the same regulation.
Ms. Roberts questioned garage sale and real estate signs and noted that they were
more frequently used on the weekends. Attorney Latorre explained that such signs
would come under the Temporary Sign regulations. Ms. Roberts related; her concern
with the content issue that would come about during the immoral content discussion.
She suggested discussion of the Ordinance's intended purpose.
Ms. McNeely questioned the term unrelated to viewpoint. Attorney Latorre stated that
the terms viewpoint and content were interchangeable. She stated that she would be
agreeable to amending the language. ` Discussion followed do the intent of the
language for Content and Viewpoint. Mayor Randeis clarifi6cl that the City Attorney
would address the language related to Content and Viewpoint.
Mr. Morley read the fourth WHEREAS clause. He replied to Mr. Russell that without
the language the Ordinance would allow for suppression of free expression. Attorney
Latorre clarified that the WHEREAS clauses expressed the intent of the Ordinance.
Mr. Dunn explained that the sign bode would be regulated unrelated to content. Ms.
Roberts reoommonded to state that the +goals of the Ordinance were not intended
to suoaress free
Mr. Morley, reviewed the final WHEREAS. The sign Code was in the best interest of
the City's health, safety, and'; welfare of its residents. Attorney Latorre stated that this
was a standard clause; however, the Ordinance could state "residents" and
businesses.
Discussion proceeded to Section 94-1, Definitions. First, Mr. Morley addressed the
need to add a definition for a balloon display and he clarified that he had another
definition that included, "sprung" devices. Mayor Randels clarified that discussion
of these definitions did not mean their permission in the Code. Ms. Robert
questioned if the balloon would or would not have writing. Mr. Morley agreed that it
may or may not have writing on it.
Second, Mr. Morley referred to the definition for bag sign, or "slip" sign, and noted that
this should be addressed as a temporary sign. Mr. Morley explained how the use for
City Council Workshop Meeting
with the Planning and Zoning Board
February 26, 2007
Page 4 of 6
this could apply after damage due to a hurricane. He recommended that the Planning
and Zoning Board address duration for the use of this type of sign. Last, Mr. Morley
addressed the need to address a banner and suggested including it under Temporary
Signs. He noted that under Temporary Signs he categorized regulations based on the
materials used to make the sign.
Ms. Roberts questioned if a government flag was considered a banner. Mr. Morley
replied that the key word was "government." She referred to real estate flags and also
noted that some businesses desired flags in front of their businesses. Attorney Latorre
asked if the Council desired for the City Attorney's office to add the bag sign and
banner definitions. Mr. Dunn questioned if this related to flagsfrom other countries.
Discussion concluded that there was no limit on free expression.
Mayor Pro Tem Hoog questioned if all signs Duree Alexander, Code Enforcement
Officer explained that a bag sign slipped over Mr Bob Baugher explained that Flex -
face was permanent. Mayor Randels clarified that the language under Bag Sign
could state, "a temporary sign made of cloth."
Mr. Morley addressed the need to add a di
Mayor Randels that the City Hall and Libra
Alexander explained that there were two ty
and one perhaps on the lawn. Ms. Denise
were Reader Boards not Bulletin Boards.
restaurants had an
size of the Reader
Mr. Morley referred to the
Tem Hoog addressed that
if an informational sign wa
clarified that when a sign;
Ms. Alexander referred to
approved at the Commun
then any addition to the p
related on how the Kiwan
know if a meeting sign _co
I with thei
ition for Bulletin Boards. He replied to
,ions were both Reader Boards. Ms.
i of Boards, one attached to the building
g. explained that these types of Boards
for Pro Tem Hoog related that some
enu. Discussion clarified to restrict the
coition o a Copy Area and read the criteria. Mayor Pro
sign area did not address the main supports. He asked
lcluded in the sign area. Discussion continued and
dded to- something that exists then the sign was changed.
yor Randels depiction and noted that when a sign was
kppearance Board level with no signs on the support post,
would change the Ground Sign. Mayor Pro Tem Hoog
�lub meets at the Country Inns and Suites and wanted to
be added to their existing sign.
A question came out that the City was attempting to hinder businesses from taking
advantage of their existing signs. Bob Baugher of the Radisson asked if the Code was
attempting to become so generic that it regulated the type of business. Ms. Alexander
replied that the City was attempting to regulate the placement. A business owner
reminded that businesses chose to have their businesses in the City. Mr. Morley stated
that parameters were needed to regulate the sign. Mr. Boucher referred back to the
definition of Copy Area and noted that whatever was in the Copy Area was defined by
City Council Workshop Meeting
with the Planning and Zoning Board
February 26, 2007
Page 5 of 6
the size and use. He replied to Mr. Baugher that there was no intent to regulate the
content.
Mr. Russell pointed out that there was a need for aesthetic appeal. He also pointed out
that the proposed Bulletin Board sign would allow for advertisement of off -premise
signs. Attorney Latorre recommended adding the language, "a permanent on-site
sign, related to the site where it was located." Mr. Morley explained that this made
for difficult regulation enforcement. Attorney Latorre explained that, if Bulletin Boards
were limited to on-site signs would relate to what occurs on the premises of the sign.
Attorney Latorre clarified that off -premise signs were prohibited. Ms. Roberts stated
that real estate, garage sale, and political signs were of this nature. Attorney Latorre
explained that permanent and off -premise signs were of two different -types. Mr.
Russell requested the Council not to eliminate the -definite for "off -premise" signs.
Attorney Latorre stated that Bulletin Boards were addressed in the Code but without
specific definition.
Mr. Morley addressed the definition for a Chalk Board Signs such as for outdoor
advertising purposes. Mr. Baugher explained that the type of Boards was used
predominately in restaurant menus. Attorney Latorre stated that this referred to
Message Boards that could be changed.
Mr. Morley addressed the clear, height setback and read the definition. He noted that
these could not be placed withtih the setback ,or the right-of-way. Mr. Morley explained
that language was needed for existing signs of this type. Discussion proceeded on
how to limit a plethora'of this type sign. Mr. Russell questioned if this would constitute
a sign variance. Discussion proceeded on how a business, for example, the Knot
House would approach placing their signs in another location. Ms. Alexander
explained that if a sign were damaged less than 50 percent, then the sign could be
replaced-.
Mr. Morley read the current definition of a roof sign. Mr. Baugher suggested allowing
for the roof sign to penetrate the building.
Mayor Randels called for a point of order to continue discussion until 8:00 P.M.
Discussion proceeded to Dilapidated Signs and read the definition. He stated that this
provided for a clear definition.
Mr. Morley read the definition for a Discontinued Sign. Discussion continued on using
a Bag Sign for 60 -days and how to address a sign when the business was no longer in
operation. A business owner pointed out that a new sign for the next business was a
great expense to the next owner. Mr. Baugher pointed out 90 -days as too short a time
City Council Workshop Meeting
with the Planning and Zoning Board
February 26, 2007
Page 6 of 6
to regulate a Discontinued Sign. Discussion ceased and noted more discussion
needed for Discontinued Signs.
Mr. Morley explained the measurement of the visibility triangle. Ms. Roberts pointed
out that this would apply to off -premise signs. Mr. Baugher informed that when Cocoa
Beach applied that visibility triangle measurement they created many non -conforming
uses. Mr. Russell responded that the 35 -foot visibility triangle was added to the Code
for safety purposes to gain a clear view. Mr. Morley replied to Mayor Randels that
utility uses were exempted.
Mr. Morley asked if there was agreement to end on the
Council members agreed.
ADJOURNMENT:
There being no further business, the Chair
Susan Stills, CMC, CITY CLERK
at 8:00 P.
definition.
CITY COUNCIL WORKSHOP WITH THE
PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 20, 2007
5:30 P.M.
City Manager Bennett Boucher
Assistant City Attorney Kate Latorre
City Clerk Susan Stills
Building Official Todd Morley
DISCUSSION:
1. Sign Code Amendments.
City Council Workshop Meeting
with the Planning and Zoning Board
March 20, 2007
Page 2 of 4
Mayor Randels explained that the discussion would not become too encumbered with
definitions; however, agreement was necessary and to make sure that everyone is on
the same page regarding the definitions. Todd Morley, Building Official, stated that
Edge of Pavement was the stopping point at the previous meeting. Mr. Morley
explained the reason why the Council and the Board were using both the Ordinance
and his suggestions for review. Mr. Russell stated this as confusing. Mr. Morley replied
that the review could his suggestions and then review of the Ordinance. Mayor Randels
informed that the discussion would begin with Edge of Pavement on the bottom of
Page 2 of the Building Official's Draft suggestions dated March 16, 2007.
Mr. Morley proceeded to Page 3, Electronic Message Board. Mayor Randels clarified
that this would not establish the definition but was merely discussion. Mr. Nicholas
pointed out that the object of an Electronic Message Board was to capture attention.
Mayor Randels said that these were considered distracting. Mr. Morley suggested
adding, "or dancing figures and colors," after alpha/numeric characters. Mayor Pro Tem
Hoog pointed out that a static icon could still be used. Discussion followed on whether
or not to restrict colors.
Lamar Russell, Vice -Chairperson of the Planning and Zoning Board, explained that in
the past the Board's intent was to eliminate the Electronic Message Boards. Mr. Morley
stated that the sign contractor suggested allowing only alpha/numeric characters.
Mayor Randels clarified that the discussion agreed to include colors. Mr. Bob Baugher,
General Manager of the Radisson Resort at the Port, suggested that the Council not
include its prohibitions in the definition. He stated that a definition's purpose was to
describe the sign not to prohibit its function. Mr. Morley clarified that the prohibition
would be added later in the Ordinance.
Attorney Garganese recommended the language in the Ordinance on Page 3. Ms.
Roberts asked if there were any other technological innovation that needed to be
addressed. Mr. Baugher pointed out that all signs were electronic by means of their
power source. Mr. Russell stated that if prohibition was not done in the definition, it
would then become permissible. Attorney Garganese responded that the prohibition on
electronic signs was addressed on Page 7 of the Ordinance. Donald Dunn, Planning
and Zoning Board Member, asked if the discussion should include other types of
electronic signs. Mr. Baugher described some types of changing signs. Mr. Morley
addressed that the language would include, "copy that changes automatically."
Mr. Morley, refered to his suggestions, read his suggestion for Frontage. Mr. Russell
stated that the definition was established as the narrow part measured as the front.
Mayor Pro Tem Hoog asked why the language "dedicated" street was used. Mr.
Baugher requested one standard definition for a word in the code in that it creates
confusion. Mr. Morley suggested omitting a definition for frontage in the Sign Code.
Mayor Pro Tem Hoog pointed out that the Animal Clinic had signage; however, their
entrance was on the side of the building. Mr. Morley stated that they were permitted a
small directional sign.
City Council Workshop Meeting
with the Planning and Zoning Board
March 20, 2007
Page 3 of 4
Mr. Russell read the existing code definition for frontage and re -stated that the narrow
part of the lot dimension was used for measurement. Ms. Roberts asked if the frontage
definition applied to businesses. Mr. Russell affirmed that it did. Mayor Randels
supposed that if it were a corner lot with 110 -feet on either side, then the property
owner had an option. However, any narrow portion was the established frontage. Mr.
Nicholas stated that the Zoning Code should be the predominate code.
Mr. Morley proceeded to Fuel Pump Signage. Mr. Nicholas replied that those signs
are related to the pump. Attorney Garganese stated that such signage was content
based. He stated that there was no need for a definition. Mr. Baugher informed that
most signage at the fuel pump was delivered digitally. Mr. Russell said that fuel pumps
were not an obvious problem.
Mr. Morley proceeded to Hanging Signs. Mayor Randels pointed out that the existing
code does not permit hanging signs. Mr. Dunn brought up the supposition if the sign
was attached to the building or free-standing. Mr. Baugher informed that there was
such a sign a 8010 North Atlantic Avenue. Mr. Russell questioned the strength of a
hanging sign during a hurricane. Mrs. Lettye Baggett suggested that the business
owner remove the sign prior to a hurricane. Mr. Morley brought up that any retail strip
centers business would want a hanging sign. Mayor Randels concluded that the
definition was acceptable.
Mr. Morley proceeded to Informational Signage. Attorney Garganese affirmed that
the language might appear content based. He stated that when the language allows
some language and prohibits others, then it is content based. Attorney Garganese
Ms. Roberts inquired about safety signage such as, "Watch Your Step." Mr. Russell
stated that most safety signage was limited to the indoors and was Federal regulated.
Mr. Boucher informed that every beach end has one aesthetically pleasing
informational sign. All other additional signage was eliminated. Mr. Petsos stated that
the key in the language was the words, "not specific to merchandise." Harry Pearson,
Planning and Zoning Board Member questioned what legal requirement regulated
merchandise.
Attorney Garganese pointed out that any sign that would not exceed a certain square
footage could be exempt; however, he cautioned, however, regulating what was written
on the sign. Ms. Roberts referred to the discussion on vacation and the possibility of an
outdoor sign that would tell people who to call in case of a violation. Mr. Russell
expressed that the City has an adequate sign code Ordinance. Attorney Garganese
explained that once the City places any language that was content based in its signage,
then that would set a precedent. He stated that when discussion focused on the size,
space, and manner then the City would come to a point of regulation.
Discussion proceeded to Monument Sign. Mayor Randels read the existing definition
for a "Ground Sign." Mr. Morley stated that a monument sign was regulated as a
City Council Workshop Meeting
with the Planning and Zoning Board
March 20, 2007
Page 4 of 4
ground sign. Mr. Baugher stated that a monument sign was a particular type of ground
sign.
Discussion proceeded to a Mural. He stated that the alpha/numeric portion was part of
a wall sign. Attorney Garganese questioned the definition of a work of art. Mr. Dunn
stated that art usually evokes an emotion. Mayor Pro Tem Hoog pointed out that the
intent was to eliminate any form of advertising in the mural. A business owner
explained that some old pictures such as the "Coca-Cola sign" are now considered art.
Mr. Russell stated that previous debate brought out the details to establish if something
was actually art were necessary taking into consideration whether did not offend or was
it pleasing. He stated that a Sign Variance Ordinance was needed. Mayor Pro Tem
Hoog asked if the Community Appearance Board desired to address murals. Mayor
Randels affirmed that they did. Mayor Pro Tem Hoog also brought out that murals
required maintenance.
Discussion proceeded to Paper Signs. Mr. Dunn referred back to the discussion on
murals that he desired to see this definition applied. He stated that the sign would be
applied to a wall. Mr. Baugher informed that most of the murals in Cocoa Beach related
to the business. However, he noted that there were murals in other parts of the world
that was actually art. Mr. Morley brought the discussion back to the Paper Sign
definition. He said that these have the potential of becoming litter.
Attorney Garganese pointed out that the Ordinance prohibits paper signs and regulates
them by establishing the materials required in their use on Page 13 of the Ordinance.
Mr. Morley agreed with the City Attorney's definition. Mr. Morley stated that a sign's
sturdiness was the requirement.
Mr. Morley proceeded to Rotating Paddle Signs. Mr. Baugher informed that such
signs were obsolete. Council agreed that this definition could be eliminated.
ADJOURNMENT:
There being no further business, the meeting adjourned at 8:00 P.M.
Susan Stills, CMC, CITY CLERK
CITY COUNCIL WORKSHOP WITH THE
PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 26, 2007
5:30 P.M.
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 5:30 P.M.
ROLL CALL -
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
Planning & Zoning Board Members Present:
Chairperson
Vice Chairperson
Others Present:
City Manager
Assistant City Attorney
City Clerk
Building Official
DISCUSSION:
Bea McNeely
Lamar Russell [Absent]
Dr. John Fredrickson
Donald Dunn
Harry Pearson [Absent]
John Johanson [Absent]
Ronald Friedman
Bennett Boucher
Kate Latorre
Susan Stills
Todd Morley
1. Sign Code Amendments.
Mayor Randels acknowledged that a quorum was present. Mayor Randels explained
that it was the Council's task to find an area of agreement between the Building
Official's suggestions and the proposed ordinance.
City Council Workshop Meeting
with the Planning and Zoning Board
March 26, 2007
Page 2 of 4
Todd Morley, Building Official, opened discussion with Plywood Signs. Mayor Randels
stated that the Council would not decide on the content, but the sign's size and
location. Mr. Morley pointed out that the materials for a plywood sign could actually
include other materials. Mr. Nicholas commented that other composite materials
should be included in the language for specificity. Ms. Roberts asked if plywood related
to the post that holds the signs. Mr. Boucher asked if this could be discussed under
temporary signs. Mr. Morley replied to Mr. Nicholas that he intended for plywood signs
to relate to temporary signs.
Council agreed to refer to plywood signs under the temporary signs discussion.
Ms. Roberts referred to plywood signs in the real estate industry. Mayor Randels
clarified that
Mr. Morley proceeded to Portable Electronic Message Boards/ Portable Reader
Boards. He stated this as an advertising tool for use during a specified duration. Mr.
Ryan Williams explained that there were trucks that used roller advertisement. A
question came out that referred to electronic signage on a truck. Mr. Morley replied that
the question would refer to vehicle signage. Duree Alexander, Code Enforcement
Officer, explained that a portable mobile trailer sign could be set in place at the
business, not necessarily on a trailer. Mr. Morley replied that when the sign is set in
place it would become an electronic message board and no longer portable. Mr. Morley
stated that in light of the previous comment perhaps discussion should consider
establishing a difference between a portable sign and an electronic reader board.
Council members agreed.
Discussion proceeded to a Reader Board. Mr. explained this as an electronic sign.
Attorney Latorre questioned if the previous discussion resolved to combine a bulletin
board, a reader board and an electronic message board. Ms. Alexander explained that
you would only find a reader board on the ground or on a wall. Mr. Morley then clarified
that a reader board could be adjusted by manual manipulation. Clarification on a
reader board defined it as one that required manual adjustment. Mr. Morley stated that
decals were also addressed in the proposed ordinance.
Discussion proceeded to a Sandwich Board. There was discussion regarding the
temporary nature of a Sandwich Board.
Mr. Morley proceeded to Slip Sign, or Bag Sign. Mr. Morley clarified that this sign was
temporary and discussion would establish for what length of time.
Discussion proceeded to Small, Lightweight Signs.
Mr. Morley read the definition of a Spectacular Sign. Ms. Alexander explained that this
referred to the type of signs previously discussed. Mr. Morley read for the record that at
a previous meeting, a sign contractor suggested to include this signage with electronic
signs.
City Council Workshop Meeting
with the Planning and Zoning Board
March 26, 2007
Page 3 of 4
Attorney Latorre stated that this type of sign was covered under hazardous signs. Mr.
Boucher asked if the word Spectacular was an industry term. He advised Mr. Morley to
seek if this language was specific to the industry. Discussion continued on the nature
of this sign's use and if it could become dangerous use. Mr. Morley recommended
striking Spectacular and insert Hazardous Sign.
Council members requested copies of the Building Official's March 16, 2007 draft.
Discussion proceeded to Temporary Signs. Mr. Boucher read the definition of
temporary signs. Mayor Randels clarified that temporary signs was adequately
addressed in the proposed ordinance. Mr. Morley informed that sign contractors and
developers were included in the input for temporary signs. He concluded to strike his
suggestion for temporary signs and to accept the definition in the City Attorney's
proposed ordinance.
Mayor Randels read the existing code that related to a vehicle sign. Attorney Latorre
clarified that the ordinance properly addressed vehicle signage. A questioned from the
audience related to items on a vehicle that relate to the type of business. Mayor
Randels called for a point of order and saying that discussion would look at the
definition of a vehicle sign. Discussion concluded that the definition was already in
the City code.
Mr. Morley read the definition of the Visibility Site Triangle. Mr. Morley illustrated the
measurement of the 35 -foot line of site triangle. Mr. Morley clarified that the edge of
pavement was defined in the previous meeting. He illustrated how above 10 -feet the
sign would extend into the visibility triangle. Mr. Nicholas reminded that at some point
those signs that were grandfathered -in would need discussion. Mr. Nicholas replied to
a question from the audience that if it impedes visibility then it was not allowed.
Discussion followed on the setback limit relating to the varying widths of the site
triangle.
Ms. Roberts questioned if there were a permissible height on the lower end of
measurement. Mr. Morley referred to Section 110-469 and read the definition.
Groundcover landscaping could not exceed one and one-half feet in height. He
clarified that the measurement then was 18 -inches. Ms. Roberts pointed out that she
had seen small signs placed in the corner of the right-of-way. She explained that the
she was raising the point as part of a community concern. Mr. Morley stated that he
could make amendments to his drawings. He replied to Ms. Roberts that he could
make a more specific measurement related to the Site Visibility Triangle.
Mr. Friedman noted that need for an exception statement to the Visibility Triangle.
Discussion continued on what exceeded the visibility triangle. Mayor Randels noted
that a sign inventory was performed in January 1997. Mr. Morley noted the two
corrections as: 1) , and 2). A question arose on whether a perform made a right turn.
City Council Workshop Meeting
with the Planning and Zoning Board
March 26, 2007
Page 4 of 4
Mayor Randels replied to a question on sidewalk chalk art that it was considered
temporary signage. Mr. Morley explained that the question arose during the first
discussion. Mr. Morley struck the language, "does not include a private drive." Ms.
Alexander explained how the discussion came out. Mr. Nicholas pointed out that this
was a matter of safety. Mr. Morley proceeded to the definition for a private drive.
Discussion concluded that businesses were included. Mr. Morley suggested using the
word Way in order to specify the type of street.
Ms. Alexander explained that the definition for private way was to address what was
placed in the visibility triangle on a private way. Mr. Morley explained that the intent
was to include related definitions under one section of the code. Ms. Alexander
explained that if someone desired to put a ground sign on their residence then a
different code applies. She stated how a 35 -foot clearance was necessary for safety
purposes for the person backing out of their driveway. Ms. Alexander pointed out the
need to address this for regulation purposes.
Mr. Morley stated that the proposed language for a private way related to less than four
residential units and if there were four plus residence units what is it called? Mr. Morley
clarified that driveway were not allowed within 35 -feet of the right-of-way. Mr. Craig
Stewart stated how certain areas required more regulation and he suggested that the
Council focus on safety. Mr. Morley noted to retain the definition for street.
Mr. Boucher expressed his agreement with Mr. Dunn over the definition for streets in
the sign code and another in the zoning code. This concluded the Section on
Definitions.
An attendee questioned discussion on Murals. He referred to letters or signs that
depict the type of business. Ms. Alexander explained that signage is something that
relays a message, something verbal, or written. Mayor Randels concluded that the
Council had not agreed on the regulatory procedures for a mural. An attendee
cautioned on having on over -regulating signs and resulting in signs that were too small
which does not allow for enough time to read the sign. This results in a hazard such as
with the old and new Publix shopping centers in Cocoa Beach.
ADJOURNMENT:
There being no further business, the meeting adjourned at 7:16 P.M.
Susan Stills, CMC, CITY CLERK
CITY COUNCIL WORKSHOP MEETING
WITH THE PLANNING AND ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
Thursday
April 12, 2007
5:30 P.M.
MINUTES
CALL TO ORDER: Mayor Randels called the meeting to order at 5:30 P.M
ROLE CALL:
Council Members Present Council Members Absent
Bob Hoog, Mayor Pro Tem Leo Nicholas
Buzz Petsos (Arrived 6:04 pm)
Rocky Randels, Mayor
Shannon Roberts
P&Z Board Members Present P & Z Board Members Ab;
Bea McNeely, Chair Lamar Russell, Vice Chair
Harry Pearson Dr. John Fredrickson
John Johanson
Ronald Friedman
Donald Dunn (Arrived 5:45 pm)
Others Present
Bennett Boucher, City Manager
Anthony Garganese, City Attorney
Andrea Bowers, City Treasurer
Todd Morley, City Building Official
Duree Alexander, City Code Enforcement Officer
Ed Lawson, Recording Secretary
DISCUSSION:
Prior to discussing the Sign Code Review, Andrea Bowers, City Treasurer was asked to
respond to the questions that were asked by Mayor Blake, City of Cocoa on the
Proposals to Tax Reform Survey. There were four (4) Parts that Mayor Blake asked for
City response.
City of Cape Canaveral, Florida
Sign Code Workshop
April 12, 2007
Page 2 of 5
Part 1: Local governments are limited to spending based on CPI and new construction.
If the local government goes beyond that cap, need super majority vote of council. For
example, if property taxes are rolled back to 2004 levels, the local governments would
be allowed the assessed property values at 2004 levels, with allowances for new
construction as well as the CPI for 2004-2007.
Ms. Bowers responded that Part one is outdated because of Representative
HaridopouIis' new proposals.
Part 2. Do away with required local school taxes. In its place, impose a 1-2 cent sales
tax and enough to cover "doc" stamps.
Ms. Bowers indicated that Part two doesn't
because it will take away Home Rule. Tax
residents that are here during census invent
Part 3. One time to transfer portability for "
increase or decrease home size.
Ms. Bowers indicated that this only applie
immediate effect. She stated that it would
a huge increase in taxable property value
and household would have to be maintaine
Part 4: Assets or appraisals. Property ow
high and best use (current process) or the
to determine the value.
lie city but would affect residents
would only be based upon those
amount if you want to
the county. The city would not feel an
cap on things as far as the city seeing
►uld give reductions to first time buyers
5 years in order to keep reduction.
have the option to access at the current
)ertv owner can use the income method
Brevard County does not assess at higher use value. If the property is being used
where the land itself has .increased in value, the taxes would be based upon the land
value, excluding homesteaded property. Therefore, the effect would be minimal.
In conclusion of this discussion, Mayor Randels indicated that whatever the outcome,
there is going to be a reduction in city revenues.
Sign Code Review
Todd Morley, Building Official continued discussion of the suggested revisions of the
City's Sign Code Ordinance. The discussion began on page 7 of the suggested
revisions,
Mr. Dunn stated that there was one definition that needed to be completed and that
was the definition for "street". He provided a definition, "any public or private, paved or
unpaved, improved or unimproved surface used for vehicular traffic'. Mr. Morley
City of Cape Canaveral, Florida
Sign Code Workshop
April 12, 2007
Page 3 of 5
indicated that there would need to be an exemption to the visibility triangle. It was
pointed out by Ms. Alexander that no signs are permitted in the Rights-of-way. Mayor
Randels suggested that this definition be given to the Building Official for consideration
and revision as necessary.
Purpose and Scope. After discussion, this section was revised to read "Dilapidated
signs and signs which do not meet the criteria of this code are hereby prohibited. 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 replacement value of the sign. When altered or damaged
signs are replaced they shall be in conformance with this code. (This language puts
signs that need maintenance as non -conforming). Council Member Roberts asked
about Quality signs versus Dilapidated Signs. She said that she has observed signs
that weren't dilapidated but were not of quality. She indicated that we have an uneven
standard of quality along AIA.
The City Attorney stated that the City could establish a standard of quality in the Code,
i.e. "all signs have to have a brick base". He indicated that the Quality and Standards
for new signs could be established i through the process, of amortization. It was
discussed that exemptions would/could 'be, established for temporary relief. Mr.
Johanson suggested that we have pictures that show and establish what the city
standard for signs would be. Mayor Pro Tem Hoog indicated that he could not support
forcing someone to change their sign that they keep up and maintain at a high level just
because it doesn't meet the city's quality standard.
The City Attorney expressed that establishments "tend to make their own changes once
the policy is established because they do not want their business to be less attractive
to customers. z Discussion concluded that the committee would review other city's sign
ordinance. The City .Attorney requested that the Community Appearance Board
research and make a recommendation instead of this committee doing the research.
Ms. Roberts responded that she is concerned about the timeliness of the research and
recommendation. Mr. Garganese said that it would be perfectly acceptable to
incorporate pictured examples in the sign code ordinance. Ms. Roberts expressed that
there needs to be consistency standards.
Variance
Mr. Morley indicated he had not prepared variance provisions. Staff was asked to
prepare a variance process for the sign code.
Exemptions
City of Cape Canaveral, Florida
Sign Code Workshop
April 12, 2007
Page 4 of 5
Bag Signs — Discussion ended with the consensus that bag signs could be used
for a period of 60 days while waiting for new ownership and/or replacement signs. The
Building Official on a case-by-case basis may grant extensions.
Public Events Banners — The City is allowed to decorate and promote Public
Events held in the City by hanging banners over the street. The City Attorney is going
to look at the constitutionality of limiting banners promoting events being held within the
city.
The discussion for the Sign Code Review concluded and the City Attorney expressed
that they had received a call from Mr. Patel's attorneys asking if the city would accept
15 monthly payments for imposed fines. Council declined this offer and unanimously
expressed that the city receive payment in full. Mayor Pro Tem Hoog requested that
the money be utilized to enhance the appearance of the right-of-way. Ms. Roberts
expressed that the money should not be used to enhance that property but should be
used somewhere in the city.
Mayor Pro Tem Hoog stated that
back to Mayor Blake's request on
Council continued their discussion of
group is:
Part 1: Local governments
If the local government goi
example, if property tars
be allowed the _assessed
construction as well as the
Council Comments for re
2007 level of property tax
Part 2: Do aW
tax and enough
of council needed to provide a response
ns pertaining to the Tax Reform Survey.
r, fax proposals, the consensus of the
are limited to spending based on CPI and new construction.
;s beyond that cap,, need super majority vote of council. For
are rolled back to 2004 levels, the local governments would
property dues ,at 2004 levels, with allowances for new
governments be allowed to roll back to the
local school taxes. In its place, impose a 1-2 cent sales
stamps.
Council Comments for response — Council opposed to using sales tax as a way of
evaluating the community.
Part 3: One time to transfer portability for "Save our Homes" amount if you want to
increase or decrease home size.
Council Comments for response — Agree with a portability transfer throughout the
county if you are a senior citizen (on any level) or, a one time downsize when
downsizing to a lower valued home.
City of Cape Canaveral, Florida
Sign Code Workshop
April 12, 2007
Page 5 of 5
Part 4: Assets or appraisals. Property owners have the option to access at the current
high and best use (current process) or the property owner can use the income method
to determine the value.
Council Comments for response — Property Value Accessed at current use and not best
use for property.
ADJOURNMENT:
Mayor Randels adjourned the meeting at 8:11 pm.
Ed Lawson, Administrative Assistant for
Public Works
CITY COUNCIL WORKSHOP MEETING
WITH THE PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
Tuesday
May 22, 2007
5:30 PM
AGENDA
CALL TO ORDER: The Chair called the meeting to Order at 5:30 P.M
ROLL CALL:
Council Members Present
Bob Hoog, Mayor Pro Tem
Buzz Petsos (Arrived at 5:50 P.M.)
Leo Nicholas
Rocky Randels, Mayor
Shannon Roberts
Planning and Zoning Board Members Present:
Bea McNeely, Chair
Lamar Russell, Vice -Chair
Dr. John Fredrickson
Ronald Friedman
John Johanson
Harry Pearson
Donald
DISCUSSION:
1. Sign Code Amendments.
Mayor Randels pointed out that previous discussion was held on April 12, 2007.
He also pointed out that the Building Official distributed a new set of Draft
suggestions dated May 3, 2007. Building Official, Todd Morley, pointed out how
in his revision he made note of each change addressed in previous meetings and
that he would add that from this Workshop Status comments for the next
meeting.
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting with the
Planning and Zoning Board
May 22, 2007
Page 2 of 7
Mr. Lamar Russell questioned the meaning of the term "exempt." Mr. Morley
explained how the terminology was used, for example, in the bag sign definition.
Mr. Morley replied to Mr. Russell that such signage was used for a time limit such
as 60 days.
Mr. Russell also questioned the meaning of the term, "content based." Attorney
Latorre replied that this applied to signs based on what they read, or their
content. Mr. Morley added that the Attorney Garganese suggested not including
informational signs because this would regulate based on the content.
Mr. Morley pointed out two other differences in the May 3` Draft suggestions to
include Mr. Dunn's definition of street. He read the definition and its application.
Mr. Russell pointed out the weakness of the sentence which stated "any" use on
Page 7. Mr. Dunn was not in attendance to explain this reason for his
suggestion. Attorney Latorre suggested amending the language to read
"intended" use for vehicular becomes a street,` Mayor Randels explained how
this could became authorization for any thoroughfare to become a street. Mr.
Morley suggested adding "as approved by the City" at the end of the
sentence relating to Streets.
Mayor Pro Tem Hoog pointed out that Mi
discussion due to private drives. Mr. Nic
remain consistent from mm Section of th
read the definition related to a street fron
Section 110. Discussion followed on the
Ms. Roberts stated that the key word was designated for mapping purposes. Mr.
Morley expressed that he favored consistency. He brought out the three
instances of the application of Street in the Code: 1) setback requirement, 2)
visibility at intersection requirement, and 3) the number of sign per street
frontage. Mr. Morley concluded that his original definition from Section 98 was
adequate. Mr. Russell pointed out that Mr. Morley was attempting to bring new
definitions into the Code; however, the definitions already existed. He suggested
using the existing definitic
might have brought out this
aced that the definitions should
to the next. Attorney Latorre
:ode section: Section 98 and
ices in each Code sections.
Mayor Pro Tem Hoog asked why the City code includes Private Drives, but not
Private Ways. Mr. Morley responded that Mr. Baugher's brought this out for
discussion with regard to this property. Mr. Morley recalled that Mr. Dunn
proposed to call these private ways, streets. Mr. Morley asked Attorney Latorre to
read the definition of a "Street Right of Way." Mr. Morley brought out that if the
current definition of Street in the Sign code was sufficient then it should remain in
the Code. Mr. Morley replied to Mr. Russell that the two definitions of Street
applied differently in the two different sections of the Code — Sian Code and
Subdivision Code — and perhaps two definitions were needed.
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting with the
Planning and Zoning Board
May 22, 2007
Page 3 of 7
Mayor Pro Tem Hoog re -stated his question related to a Private Drive and a
Private Way. Mayor Randel responded that the length of the Drive and Way
were different. Mr. Russell informed that a person with a long drive might not
desire for their driveway to become a street. Mayor Pro Tem Hoog replied that
he was inquiring due to safety and visibility reasons. Mr. Russell explained using
his private drive which was not a street or publicly owned access. Mayor Pro
Tem Hoog stated that he was referring to a Private Drive that exited onto a public
street. Mr. Russell questioned the intrusive extent of the proposed Code. Mr.
Morley suggested excluding residential driveways.
Ms. Roberts stated how there were Private Drives off of State Road Al A and
North Atlantic Avenue. Ms. Roberts recalled that some of the residential areas
exited onto the main thoroughfare which becomes a'safety hazard. Duree
Alexander, Code Enforcement Officer, explained how if someone'attempted to
place a ground sign on property that was not a street, such as a hotel, this
required regulation. Ms. Alexander clarified that Praetorius Lane was'a named
Street.
Mayor Randels clarified that it might be named, hoymver, not dedicated. Mayor
Randels requested to make note of the item. Attorney Latorre read from Florida
Statutes 316.003, Subsection 53 related to Streets, one for a public street and
one for a private street which was preferential to the; vehicular traffic to the owner
or their designated party. Mayor Pro Tem Hoog pointed out that Praetorius Lane
experienced public traffic destined for the Coral Shoppes. Mr. Morley
suggested including the City Attorney's definition for Street in the next
Draft.
Dr. John Frederickson asked how the Post Office determines to deliver the mail.
Mayor Randels replied that Brevard County Emergency Management, E-911,
needed designated streets for rescue purposes. Mr. Russell clarified that the
Street Number was placed on the front of the lot and the City Code established
the narrowest part of the frontage as the front of the lot. Dr. Frederickson stated
that the Post Office's system should be acceptable for the City. Mr. Morley
concluded that the Statedefinition appeared adequate.
Ms. Alexander replied to Mr. Rusell's explanation of frontage that the City might
want to apply something different related to signage. Mr. Morley questioned why
the City would want to restrict where the person placed their sign facing and a
person would use that portion which provides the most visibility. Mr. Russell
asked if there were a different set of definitions for the Sign Code. Mr. Morley
affirmed and clarified that the more specific definition would apply.
Attorney Latorre explained that legally the definitions would apply strictly for the
Sign Code. If they were to conflict with the Zoning Code, then the Sign Code
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting with the
Planning and Zoning Board
May 22, 2007
Page 4 of 7
definition would prevail. Mr. Friedman pointed out that such an intention should
be prefaced in the Definition Section. Mr. Nicholas stated that generally the
definitions should apply from one Code Section to another. Mr. Morley stated
that he would include this in his next revision.
Discussion proceeded with exemptions in which previous discussion concluded
that Bag Signs were allowable for up to 60 days. Mr. Nicholas stated that there
must be some way to identify when the bag put on in order to note the expiration
date. Mr. Russell informed that in the past the City chose not to have "exempt"
signs. He explained how at one time Yard Sale signs were identified and a fee
required. Mr. Morley pointed out that there was a Section related to Temporary
Signs. Mr. Morley made a note to place Bag Signs in the Temporary Sign Code
section.
Discussion proceeded to Bulletin Boards on Page
Council agreed to postpone discussion until `temp
Alexander pointed out that the sign's messagemiq
sign was not. Mr. Morley pointed out that once th
Code criteria, then it became a walt sign. Mr. Rus
Bulletin Board on his property and he pointed how
using the Dish antennae's as an example.
and he stated that the
ry Sign discussion. Ms.
temporary; however, the
met the 6 -square foot
ked if he could place a
could become unsightly
Ms. Alexander stated that Bulletin Boa r€# signage should be confined to the
Commercial area as its intent related to commercial and a multi -use tenant. Mr.
Petsos questioned if, there was a requirement for lettering and used the example
of a six-foot sign with only the words, "Eat Here." Ms. Alexander stated that most
businesses used Bullet n .poards for menu purposes. Ms. Alexander replied to
Mr. Russell that Boston Seafood and Kelsey's would benefit. Discussion
continued on the size of lettering. Mr. Morley clarified to limit Bulletin Board
signage to walk-up traffic.
Mayor Randels questioned if two -inches was feasible. Ms. Roberts responded
that four -inches were more practicable. Discussion continued on the practicality
of two-inch or four -inch, letter. Mr. Pearson stated that he favored no regulation
at all. Mr. Pearson pointed out that Bulletin Boards were permitted on a ground
sign. Mr. Morley referred back to Page 2 and pointed out the need to
eliminate, "or ground sign," from the Bulletin Board definition. Mayor
Randels pointed out his note related to Chalk Boards. Mr. Morley concluded
that alpha -numeric characters and in excess of 44nches in height would be
eliminated.
Discussion proceeded to Flags and Mr. Morley stated that flags other than
governmental were not allowed. He related from a business owner requested
that the City designate which businesses were national franchises and which
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting with the
Planning and Zoning Board
May 22, 2007
Page 5 of 7
were not. Discussion followed. Mr. Morley questioned if there were any interest
in retaining the Flag definition. Ms. Alexander questioned the concern over a
business flag along with the governmental flag. Mayor Randels pointed out that
the flag was also content based as a sign. Discussion followed on the restrictive
nature. Mr. Alan Beals questioned the use of trademark flag such as for BP Oil.
Mr. Morley clarified that the use of government flag could be a prerequisite. He
stated that the U.S. flag protocol requires that it be larger than the other flags and
that the U.S. flag fly above the others. Ms. Roberts stated that the Council was
opening the City up to clutter. Mr. Nicholas pointed out how the City was
allowing for the use of an American Flag as a prerequisite to advertisement a
business. Attorney Latorre stated that she would need more research since the
flag could be any other national flag.
Mr. Nicholas pointed out that a corporate logo was a flag. Mayor Randels
Ms. Bea McNeely, Planning and Zoning Board Chairperson, expressed her favor
with flags; however, discussion was lending itself to clutter. Mr. Russell
expressed his disfavor with the concept based on the
Discussion followed on why businesses ch
some close due to sign restrictions. Mr.'
based on the business owners' needs. Mr.
business owners that they would like three
sign. Mr. Johansen stated the need to defi
signs such as, two wall signs, one parallel
ground sign. Mayor Pro Tem Hoog referred
size and color._ Ms. Alexander -stated that
Mr. Johansen stated that the content could
same.
oose not to come into the City or why
ohn Johansen suggested prioritizing
Morley related that he has heard from
signs: two wall signs and one ground
ne what was acceptable as the three
and one perpendicular and one
to a City with pole signs of the same
Port St. Lucie used monument signs.
vary; however, the sign would be the
Mr. Morley pointed out that the current discussion, Sign Standards, was not part
of tonight's discussion and he recommended forwarding the discussion to the
Community Appearance Board. Mr. Randy Wasserman, Community
Appearance Board Chairperson, stated that the Board was anticipating a
collaborative effort with several City Boards related to the Sign code. Mr.
Nicholas stated that these Boards would need specific guidelines. Mr. Morley
said that staff could develop sign standards for the Beautification Board,
Business and Cultural Development Board, and Community Appearance
Board review.
Mr. Nicholas noted that the Sign Code has been discussed thoroughly over the
years and made note that the fruition of past Sign Code amendments was
coming now to pass. Mr. Morley stated that he understood the Council's
direction and it would be based primarily on what other municipalities have done.
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting with the
Planning and Zoning Board
May 22, 2007
Page 6 of 7
Ms. McNeely expressed her interest with the signs discussed that were all the
same size. Mr. Johansen pointed out the need for feedback from the business
community. Mr. Morley informed that he and Ms. Alexander found out that most
businesses desired three sign; 1) two wall signs and one ground sign, and 2)
sandwich boards and Temporary signs, 3) electronic message boards and lastly,
flags.
Mr. Morley made note that the City Attorney recommended to exempt, Fuel
Pump Signage and he made note that the definition was not included. Mr. Beals
expressed that he would greatly appreciate the City not regulating this signage.
He stated that the corporate office sends them signage and they were monetarily
penalized when they do not display it as part of his franchise agreement.
Discussion proceeded to Wall Signs in residential districts. He stated that these
would be regulated to size, placement, and quantity. Mr. Morley referred to
Page 17 of the Draft May 3`d suggestions and clarified that this was only allowed
in the R-2 and R-3 zoning districts. Ms. Roberts mentioned that this may or may
not apply to the apartment dwelling community. Mr. Morley explained how home
occupation signs were currently allowed in the City code. Mr. Nicholas stated
that the condominium documents were more restrictive -than the City code.
Attorney Latorre stated that the more restrictive provisions would apply.
Mr. Morley replied to Mr. Russell that if the property has an approved use other
than the underlying zoning designation, the approved use would apply. This
would only refer to zoning designations. Discussion concluded that Home
Occupation signage was acceptable. Ms. Roberts expressed that her intent
was to create guidelines for homeowners desiring to advertise their home based
businesses. Mr. Morley made note to "possibly also include guidelines for wall
signs in residential zoning districts."
The Chair informed that discussion would continue until 8:00 P. M
Discussion concluded that City holiday banners on utility poles were exempted.
Attorney Latorre clarified that these banners were decorative and not actually a
sign. Mayor Randels `clarified eliminated these from the discussion.
Discussion also concluded to eliminate Informational Signs in that they were
content based. Mr. Morley referred to Murals and related that small business
owners said that this should be allowed if it was artistically executed. He referred
to Page 5 which read, "a work of art as a painting" which was eliminated due to
subjectivity.
Mr. Morley replied to Mr. Nicholas's question relating to an adult entertainment
business that the current City code would not allow for any sexually explicit
display. Ms. Alexander replied that standards could be set. Mr. Morley re -stated
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting with the
Planning and Zoning Board
May 22, 2007
Page 7 of 7
the elimination of, "a work of art such as a painting" under the section for Murals.
He concluded the need to place this before the Community Appearance Board
for changes to Code Section 22-32. Ms. NcNeely reminded that artwork was
subjective. Mr. Wasserman stated that the mural would be turned down due to
its compatibility with the existing area. Ms. NcNeely expressed her favor with
setting standards. Mr. Pearson stated again that the City would be over
regulating in setting standards and he also asked if the Community Appearance
Board decision was final.
Mr. Morley informed that the Board set the standards for acceptable aesthetics.
Mr. Wasserman informed that it was burden of the Applicant to provide intention.
He replied to Ms. McNeely that some murals would not be acceptable in a
community setting. Dr. John Fredrickson questioned if there Was an Appeal from
the Community Appearance Board. Mr. Wasserman replied that an Appeal was
made to the City Council. Attorney Latorre stated that a third party could also file
an Appeal that the Board approved.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 8:00 P.M
Susan Stills, CMC, CITY CLERK