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HomeMy WebLinkAboutOrdinance No. 08-2000 ORDINANCE NO. 08-2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94, SIGNS, BY READOPTING THE CHAPTER IN ITS y ENTIRETY, PROVIDING ADDITIONAL. DEFINITIONS, EXCEPTIONS, LIGHTING, CRITERIA, STANDARDS, CONFORMANCE TIME LIMITS, OFF - PREMISES SIGNS, AWNINGS AND CANOPIES, AND AUTOMOTIVE SERVICE STATION SIGNS; AMENDING DISTRICT REGULATIONS REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. C WHEREAS, the City Council has determined that this Ordinance is for the purposes of promoting the health, safety, and welfare of the inhabitants of the City of Cape Canaveral; and , WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed and recommended ; this Ordinance for approval at a public hearing to the City Council; and WHEREAS, the City Council has determined that it is in the best interests of the City to re -adopt Chapter 94 regarding signs in its entirety. ` NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, , as follows: i SECTION 1. Chapter 94, Signs, of the Code of Ordinances of the City containing Sections 94 -1 through 94 -100, inclusive, is hereby repealed in its entirety, and the following is adopted in lieu hereof: ARTICLE I. IN GENERAL Sec. 94 -1.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 architectural feature of the building and not connected or giving the appearance of any connection to the overall signage of the project. Air inflated devices means attention getting devices that are inflated with lighter than air gas or are E supplied inflation from a blower or fan that, when energized, keep the device erect. }' Animated/Flashing Sign means any sign which uses lights that flash or alternate or which includes action, motion or illusion of motion, designed electronically, usually to give messages by means of slight progressive changes. This definition shall also include signs with rotating panels, generally referred to as tri- vision signs. Attraction board means any sign on which the copy may be manually changed from time to time by use of changeable letters or panels. Attraction - getting devices means any gadget or mechanical contrivance, scheme, drawing, ruse or trick, symbol, emblem, insignia, regalia or motto, including murals, but excluding ornate architectural features of a building, selectively narrowing or focusing receptive consciousness. Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a roof - like structure and is supported entirely by the building without the use of ground supports. Banner sign means any sign having the characters, letters, illustrations or ornamentation applied to cloth, paper or fabric including animated, rotating and or fluttering devices, flags and pennants but excluding government flags for the purposes of this ordinance, designated to attract attention. l City of Cape Canaveral Ordinance No 08 -2000 Billboard means a sign advertising a product or service, including entertainment, whose product or service is not available for sale or performance at the place where the sign is located. Building art shall include two and three dimensional murals, mosaics, paintings and artistic applications, which are applied to buildings, structures 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 established in section 2 -256 et seq. to enforce this Code. Construction sign means any sign of a temporary 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)(fluorescent) shall mean an illumination system using an electrified , inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent into I 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 normal permit requirements. r Flag means the flying of individual national, state, county, city or flags of political national origin attached to a free standing pole(s) mounted on the ground or to flags attached to the facade of a structure, limited to five (5) in number, provided such flags shall not be used in such a way to attract attention of the public for commercial purposes. Flags larger than three (3) feet by five (5) 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: Materials, which pass the test procedures for defining non - combustibility of elementary materials, set forth in ASTM E136. Materials having a structural base of non - combustible materials as stated in subsection (1) of t 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. \\ Cape- nt\ cityclerk\ CityClk \Ordinances\Sign718updated.doc 2 City of Cape Canaveral Ordinance No. 08 -2000 Nonconforming sign means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable sections and restrictions of this chapter, or a nonconforming sign for which a special permit has been issued. Off-site/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 whatsoever so that such shall be used for attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever out -of- doors. 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 suitability 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 beyond 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 registered in the state whom is in good standing with the state board of engineering examiners. Roof sign means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Shopping center/multi- tenant center means a building with two or more businesses. Significant Interest means an event having a community, local, regional and or national interest. Significant interest does not pertain to advertisements for proprietary or personal gain. Sign means and includes every display, billboard, ground sign, wall sign, illuminated sign, projecting sign, temporary sign, awning sign, canopy sign, and street clock and includes any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person, business or event when such is placed out -of -doors in view of the general public. \\ Cape- nt\cityclerk\ CityClk \Ordinances\Sign718updated.doc 3 City of Cape Canaveral Ordinance No 08 -2000 Sign erector or contractor means any person engaged in the construction, reconstruction, or erection of any sign requiring structural framework and support or using electric power or requiring a scaffold for erection or applications. Sign of general election means any sign in the support of or not in support of, candidates for political or non - political office, referenda, propositions, taxes, levy or any other issue(s) that requires a vote for approval. Sign writer or painter means any person engaged in the paining 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, Tight 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 interconnecting openings. Vehicular sign means any sign applied to affixed to or placed upon a vehicle in such a manner as to be visible to the public. 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. 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 provide for adequate maintenance and inspection of signs without impeding the inherent right of business to advertise and reasonably assist potential 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 requirements relative to types, sizes, heights, verbal content, permissible locations, restrictions, permits and licenses, inspections, indemnification, materials of manufacture and construction, methods of erection, maintenance, procedures for requesting 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. \ \Cape- nt\cityclerk \CityClk \Ordinances \Sign718updated.doc 4 City of Cape Canaveral Ordinance No. 08 -2000 (c) This chapter is also intended to permit on- premises permanent signs within the City of Cape Canaveral, 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. Sec. 94 -3. Administrator. The Building Official shall act as administrator of this chapter, acting in lieu of the city council. As used in this chapter, the term "administrator" shall include his authorized representative. Sec. 94-4. Exemptions. The following signs are excluded from the operation of this chapter unless otherwise noted: (1) Decals affixed to or signs painted on equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (2) Signs wholly within a building, excluding window signs (see Sec. 94 -1, Definitions). (3) Memorial signs, tablets or plaques or names of buildings and date of erection when such are cut into any masonry surface or when constructed of bronze or other non - combustible material. (4) Professional nameplates not exceeding three square feet in area. 1 (5) Bulletin boards, not to exceed two (2), 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 commercial building, public institutional building 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. (7) Directional signs to historical or other points of interest, which are maintained or operated as commercial attractions, public or religious sites, and are Tess than 2 square feet in size. (8) Traffic or other municipal signs, legal notices, danger signs and temporary emergency or non - advertising signs. (9) 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. (10) Traffic directional signs utilized for traffic flow such as "enter", "exit" "in" "out ", etc. when Tess than one square foot in size and not exceeding two feet in height. (11) Window signs that do not exceed 25% 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 necessary for viewing for safety purposes by a law enforcement agency, shall not be obstructed from view from the outside of the building. (12) Signs for events sponsored by the municipality. \\ Cape- nt\ cityclerk\ CityCik \Ordinances\Sign718updated.doc 5 1 1 City of Cape Canaveral Ordinance No. 08 -2000 Sec. 95 -5. Penalty for violation. (a) Any person who knowingly violates or fails to comply with any of the sections of this chapter or any erector, owner or user of an unlawful sign or any owner of the property on which an unlawful sign is located, shall, upon conviction, be punished as provided in section 1 -15. (b) In addition to the criminal penalties provided in this section, any violation of this chapter shall be subject to enforcement by section 2 -256 et seq., according to the procedures legally established for such board and subject to the penalties provided by F.S. 162. Sec. 94-6. Prohibited signs and features. (a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit requirements, including political signs, 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, other than warning signs. No sign of any kind shall be attached to a standpipe or fire escape. (c) Signs on rights -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/Flashing signs are hereby prohibited. ry (e) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited. (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 or trailer 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. (2) Where no alternate location for parking that is not visible from the public right -of -way is reasonably available, such alternate location shall be as inconspicuous from the public right -of -way as possible. (g) Off- premise signs. It is the expressed legislative 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 display 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 contrivances which are, in and of themselves, unique and unusual and are parked for the purpose of attracting attention to the person's place of business or the parking of vehicles or other types of contrivances to which there is attached a sign advertising 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 commercial 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. \ \Cape- nt\cityclerk \C ityClk \Ordinances \Sign718updated.doc 6 R -. City of Cape Canaveral Ordinance No. 08 -2000 (I) Exposed electrical discharge lighting (neon or fluorescent) is strictly prohibited for use in any type of sign located within the City of Cape Canaveral. (j) Accent lighting on the exterior of any building is strictly prohibited within the City of Cape Canaveral. (k) Building Art is strictly prohibited on the exterior of any building within the City of Cape Canaveral. (I) Window signs that do not comply with Sec. 94-4. (m) 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 mentioned in this code (s) Flags and pennants that are not govemmental in origin. (t) Signs that emit an audible sound, odor, or visible matter such as smoke or steam. (u) Signs that are made with or printed on any vegetation, curbstone, flagstone, pavement, or any portion of the sidewalk or street except house numbers and traffic control signs. Sec. 94 -7. Conformance. All signs or other advertising structures erected within the city limits shall conform to this chapter. t` Sec. 94 -8. Identification. Every outdoor advertising display erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for the sign by the building official. Sec. 94 -9. Wind pressure and dead load. All signs and other advertising structures shall be designed and constructed to withstand a wind velocity as set forth in the building code adopted in section 82 -31 and shall be constructed to receive dead Toads as required by the building code or other codes of the city. Sec. 94 -10. (Reserved) Sec. 94 -11. Maintenance, notice to repair. Each sign shall be maintained in a safe condition. When the sign is in need of repair or maintenance, the owner shall be notified in writing. The owner shall have ten days to make such repairs or remove the sign. If this order is not complied with, the building official may remove the sign and a lien may be filed against the property for the expense incurred in removal of the sign. Secs. 94 -12 — 94 -30. Reserved. ARTICLE II. PERMITS AND INSPECTION Sec. 94 -31. Permit required. (a) Except as otherwise provided in this chapter, 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 official. This shall not be construed to require any permit for a change of copy on a sign for the repainting, cleaning and other \ \Cape- nt\cityclerk \CityClk \Ordinances \Sign718updated.doc 7 [ 1 City of Cape Canaveral E Ordinance No. 08 -2000 g normal maintenance 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. t (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. 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. Sec. 94 -33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the I appropriate 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 Building Official shall grant or deny the building permit application within twenty (20) days from the date the completed application with application fee was filed with the City. (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 of Cape Canaveral, the Building Official shall issue the permit. If the work authorized by the permit has not been completed L within six (6) months after the date of issuance, the permit shall become null and void. (c) If, after review and investigation as required 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: a. The application does not comply with the requirements of this Chapter; or b. The application would violate any building, electrical or other adopted codes of the City of Cape Canaveral. (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 (10) 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 thirty (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. \ \Cape- nt\cityclerk \CityClk \Ordinances \Sign718updated.doc 8 City of Cape Canaveral Ordinance No. 08 -2000 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 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. 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. (3) If any person commences any work before obtaining the necessary permit, all fees shall be doubled. (4) For political signs, see section 94 -78. l ' Sec. 94 -36. Inspection by building official. The building official is empowered to enter or inspect any building, structure or premises in the city upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural details and electrical connections and to ensure compliance with this chapter. Such inspections shall be carried out during business hours, unless an emergency exists. Sec. 94 -37. Notice for inspections. The person constructing, erecting or relocating a sign for which a permit is required shall notify the building department at all stages of construction that requires inspection and approval by the building official. Authority for and time of such inspections shall be as follows: (1) A footing inspection for all detached signs shall be required. (2) A final structural inspection shall be required at completion of the work on all types of signs. (3) A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source. Secs. 94- 38- 94-60. Reserved. ARTICLE III. SIZE, LOCATION AND CONSTRUCTION DIVISION 1. GENERALLY Sec. 94-61. Restrictions on placement. I ' (a) No sign of any character shall be suspended across any public street, avenue or alley. (b) No sign of any description shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any trees, Tight 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. \ \Cape- nt\cityclerk \CityClk \Ordinances \Sign718updated.doc 9 { I I City of Cape Canaveral Ordinance No. 08 -2000 (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 permission of the owner or lessee and without 5 compliance with restrictions otherwise in this chapter. 1 Sec. 94-62. Abandoned and hazardous signs. F (a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten days of the service of notice from the building official, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six consecutive months prior to the date of the notice from the building 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 f 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 maintained or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner 5 to continue to display any sign that constitutes a hazard to the safety of the public. It shall be 3 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 r sign, unless 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 f 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 L 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. Sec. 94-63. Lighting. (a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs, and wall signs. However, the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent the glare upon the 5 street or adjacent property. , (b) Electrical signs shall comply with the National Electric Code. Sec. 94-64. Criteria and standards for measurement and placement. (a) Area. The permitted area of ground signs, except in shopping centers/multi- tenant centers, in all zoning districts, and unless otherwise specified in this chapter, is dependent on street 5 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 5 determining area, the total area of a sign is that within the smallest parallelogram, triangle, circle or semicircle or combinations thereof which will completely enclose the outside , perimeter of the overall sign, including the border, if any, but excluding supports. Three- . dimensional signs shall be measured at the largest vertical cross section. \\ Cape- nt\ cityclerk\ CityClk \Ordinances\Sign718updated.doc 10 City of Cape Canaveral Ordinance No. 08 -2000 (b) Combinations of signs. Except where specifically permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground signs may be a gm area placed of at the an faces angle visible on a from corner any at one no point increase shall in size not over exceed that that of allowed single si for The a single su sign or the (c) Comer lots. Where two ground signs are used on a corner lot, the area of both signs may not p. exceed the area allowed for frontage as provided in subsection (a) of this section. (d) Display of permit number. The sign permit for all signs requiring a permit shall be prominently displayed by the owner or user of the sign on the property where the sign is located. • Z { { { \\ Cape- nt\ cityclerk\ CityClk \Ordinances\Sign718updated.doc 11 i I I l City of Cape Canaveral i Ordinance No 08 -2000 (e) Height, setback and location measurements. Measurements for setback and location for all signs in all allowable districts shall be made from that portion of the sign nearest that point of 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 i 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 triangular area bounded on two sides by the street right- i 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). I (g) Size limit No ground sign shall be supported 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 y sign on the face of the building. Any sign that is not attached to a building shall not exceed 150 G square feet on its largest front. i f r i i r k \\ Cape- nt\ cityclerk\ CityClk \Ordinances\Sign718updated.doc 12 ¢¢ 4 s City of Cape Canaveral Ordinance No. 08 -2000 Figure 94 -64 -1. Sign Height and Setback. Sign Height m illaW measured from grade level of closest edge of street paving. III 4' Frontage= 100' Ground Sign Area= Max. 150 s.f. Property Line Sign Setback measured from property line. Figure 94 -64 -2. Ground Sign Site Triangle. 35` Street x' • . ell CORNER LOT ..., 0 , . Total Frontage= . s . -N,,, 7' 150' E. Ground Sign Area= Max. 150 s.f. Site Triangle. (no ground signs Property permitted) t \ \Cape- nt\cityclerk \C Street City of Cape Canaveral Ordinance No. 08 -2000 Secs 94 45- 94 -75. Reserved. DIVISION 2. TYPES OF SIGNS Sec. 94 -76. Temporary on- premises signs. (a) A temporary sign may be erected thirty (30)days prior to the opening of a new business and not to exceed thirty (30) days after the opening date. Construction 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 /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 (6) square feet in size and not to exceed four (4) 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. (3) Real estate signs shall be removed immediately 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 thirty (30) days. On- premise banner signs are to promote a matter of significant local, regional, or national interest as defined in Section 94 -1. 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. Sec 94 -78. Political signs. (a) Time of erecting. No political signs for election to an office shall be erected prior to the qualifying for office. (b) Specifications. The maximum size of a political 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 considered one sign. Political signs shall be constructed 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 subsection and if it is securely attached to the backing 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. \\ Cape- nt\ cityclerk\ CityClk \Ordinances\Sign718updated.doc 14 { City of Cape Canaveral Ordinance No. 08 -2000 (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 permission of the property owner is not required for placement of signs in residentially zoned districts. (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. (1) The deposit shall be forfeited for any sign erected within the City of Cape Canaveral, which is not constructed as specified in Section 94 -78 (b) of this 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. Sec. 94-79. Off-premises signs. Off - premises signs and signs on vacant property which exist on the effective date of the ordinance from which this section is derived shall remain until they are removed or fall into disrepair. 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 bome by the sign owner or property owner. The procedure to be followed by the city upon determination 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. 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. 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. is (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 residential units. (2) Any new business opening within the city. (3) A charitable, educational or religious institution as defined in section 70 -66, Code of Ordinances, conducting 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 5 illumination 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 construction shall be defined as the issuance of a certificate of occupancy (final or temporary), or the construction has been abandoned (ceased) for a period of three months. \\ Cape- nt\ cityclerk\ CityClk \Ordinances\Sign718updated.doc 15 City of Cape Canaveral ,t illi Ordinance No. 08 -2000 (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. t ` (f) Signs restrictions along the following corridors are as follows: I t i Location and placement for temporary signs 3 Street Minimum Setback from Maximum Height Right -of -way Astronaut Boulevard 50 feet 15 feet (SR A1A) Old State Road 401 10 feet 8 feet Ridgewood Avenue 10 feet 8 feet These restrictions affect properties adjacent to these streets with the exception of any R -1 i 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. (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 contractors licensing information. Sec. 94-82. Awnings and canopies. (a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as the valance or fringe and shall be calculated as a portion of any allowable wall sign. (b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall sign. (c) Address numbers on canopies and awnings shall not be considered as a portion of the allowable sign footage. Sec. 94 -83. Home Occupation Signs. A home occupation sign that is non - illuminated and does not exceed two square feet in area concerned shall be permitted per district requirements if it is affixed flat against the exterior surface at a position not more than two feet distant from the main entrance of the dwelling unit. There shall be no more than one of these signs per unit. Secs. 94- 84- 94 -95. Reserved. \ \Cape- nttityclerk \CityCIk \Ordinances \Sign718updated.doc 16 City of Cape Canaveral Ordinance No. 08 -2000 DMSION 3. DISTRICT REGULATIONS Sec. 94 -96. R -1 low density residential district. (a) Signs are permitted in the R -1 low density residential district as listed in Table 94 -96 -1. (b) Any sign not specifically permitted in the R -1 district is prohibited. Sec 94 -97. R -2 medium density residential district (a) Signs are permitted in the R -2 low density residential district as listed in Table 94 -96 -1. (b) Any sign not specifically permitted in the R -2 district is prohibited. Sec 94 -98. R -3 medium density residential district. (a) Signs are permitted in the R -3 low density residential district as listed in Table 94 -96 -1. (b) Any sign not specifically permitted in the R -3 district is prohibited. Sec. 94-99. C -1 low density commercial district, C -2 commercial/manufacturing district and M -1 Tight industrial and research and development district. (a) Signs are permitted in the C -1 low density commercial district, C -2 commercial/manufacturing 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. 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. F'- t \ \Cape- nt\cityclerk \CityClk \Ordinances \Sign718updated.doc 1 17 / i i r 1 City of Cape Canaveral Ordinance No. 08 -2000 E Table 94 -96 -1 District Restrictions District Type of Sign R -1 R -2 R-3 C -1, C -2 & M -1 Shc Te , Real Estate Max. No. 1 1 1 1 on primary property frontage (pe Max. Area 6sf 6sf 32sf 32sf Max. Hei. ht 4' 4' 8' 8' Political Max. No. 2 2 2 1 per candidate per lot if > 250 ft of Ip, frontage then 2 permitted Max. Area 5 s.f. 5 s.f. 5 s.f. 32 s.f. Construction/ Max. No. 1 1 1 2 Ip: Future Improvements Max. Area 16 s.f. 16 s.f. 16 s.f. 32 s.f. Max. Height 3' 3' 3' 8' Home Occupation Max. No. 1 1 1 1 Max area 2sf 2sf 2sf 2sf Exceptions/ Notes for Ground & Wall Not Apply to Multi- Family 2 of the following 3 options are perm Signs: permitted Only: g Ground Max. No. 1 1 1 per street frontage 1 L Max area 75 s.f. 75 s.f. 150 s.f. 15 tim t pe ( Max Nei. ht 25' 25' 30' Max. Width 25' 25' 25' Wall Max. No. 1 (on main 1 (on main Perpendicular to street 1 on each end structure) structure) of the bldg Parallel to street 1 sign Max. Area 50 s.f. 128 s.f. Perpendicular: 1 s.f. per lineal foot of 15 bldg width, max. 128 s.f. each sign, tim Parallel: 1 s.f. per lineal foot of bldg it frontage, max. 160 s.f. pe f Any sign not specifically permitted under this section is prohibited. , (b) New shopping centers and multi- tenant centers shall be required to produce a unified sign plan along with its request for development approval. ( i Sec. 94 -101. Automotive Service Station Allowed By Special Exception In C -1 Zoning District. (a) Signs are permitted in the C -1 low density commercial district for automotive service stations 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. © The following signs are specifically prohibited: (1) Attention- getting devices, banners, streamers, whirligigs, flashing, intermittent, electrical 18 f I 1 City of Cape Canaveral Ordinance No. 08 -2000 or iridescent devices. (2) Air Inflated Devices. (3) Any sign not specifically permitted. i 1 r i. r, SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall I be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance, in conflict herewith is repealed. i SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. k ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of July, 2000. t . C il- - --X: 7 G. (:: :-.4.11.,...2.932,2,_ Rocky Randels, M i ATTEST: FOR AGAINST i / --e Burt Bruns Second a nds `O. 'nth; CI , , LARK Buzz Petsos X Rocky Randels X Richard Treverton Motion APPROVED AS TO FORM: Larry Weber X - Adr k . ks- Y ". Koh Be lirfl��fr�° TTORNEY ��" First Reading: June 20, 2000 Posted: July 21, 2000 Published: July 8, 2000 Second Reading: July 18, 2000 t t t ' , t t t , i 19 i -i m m m m N 00 (1) f° O v u fl � < D O O B O m° O Z Z � 'Z w n° v c -a Z D C� O A w 5N = . m (D 7 o m cD v . 1 n c co N D ? o v y a i co . Z N 0 o m • < N (p 0 o m = 7 CO o C7 v m m N• __ 0 T. 7 v o - 0 = o 0 Co r `� N (1) -°. 0 3 Oo N o N co _ = O (D m m Z co r y ( D 3' r. 7 c 0 () 0 0 D oo N i c u 0 O a ID v <_ N (15 ti C < �G .c ( CD N n O a ( (D D ( <n f/) N (D -p N () y 3 O O O co 0 N Cr 0 t= O rt C—. 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