HomeMy WebLinkAboutResolution No. 2014-27 RESOLUTION NO 2014-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
TEMPORARILY EXEMPTING ELECTRONIC SIGNS
FROM SIGN PERMIT FEES FOR ONE YEAR FROM THE
EFFECTIVE DATE OF ORDINANCE NO. 04-2014;
RESERVING THE CITY COUNCIL RIGHT TO RE-
IMPOSE SAID FEES PRIOR TO THAT DATE;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under Section 2 (b) Article VIII of the State
Constitution to exercise any power for municipal purposes except when expressly prohibited by law; and
WHEREAS, in 2009 the City Council substantially revised the City sign regulations and
permitted electronic signs in the City of Cape Canaveral subject to certain limitations; and
WHEREAS, the City Council is currently considering second reading and adoption of
Ordinance No. 08-2014 substantially modifying the City's sign code regulations; and
WHEREAS, the City Council adopted Resolution No. 2012-04 on March 20, 2012 suspending
sign permit fees for electronic signs until economic conditions improve and providing for the re-
imposition of said fees at the City Council's discretion; and
WHEREAS, although the City Council acknowledges a general improvement of economic
conditions, the City Council still desires to continue to exempt electronic signs from the City sign permit
fees for an additional twelve (12)months from the effective date of Ordinance No. 08-2014 as a matter of
public interest; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the
best interests of the public health, safety and welfare of the citizens of Cape Canaveral; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and
are deemed a material part of this Resolution.
Section 2. Temporary Permit Fee Exemption for Electronic Signs. Electronic signs are hereby
temporarily exempt from the City sign permit fees imposed pursuant to section 94-35 of the City Code
and set forth in Appendix B Schedule of Fees for a period of twelve (12) months from the Effective Date
of Ordinance No. 08-2014 ("Fee Exemption Period"). In order to be eligible for the fee exemption, a
complete sign permit application must be filed for the electronic sign within the Fee Exemption Period.
The issuance of a sign permit shall still be required prior to the construction of a new electronic sign or a
conversion of an existing non-electronic sign to an electronic sign. Any person failing to obtain said
permit shall not be entitled to the fee exemption set forth herein and shall be liable for double permit fees
City of Cape Canaveral
Resolution No.2014-27
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and subject to other applicable code enforcement regulations. All other provisions of Chapter 94 Signs,
not affected by this Resolution shall remain in full force and effect.
Section 3. Re-imposition of Electronic Sign Permit Fee. Upon the expiration of the Fee
Exemption Period, as defined in Section 2, electronic signs shall be subject to all applicable sign permit
fees. The City Council retains the right to adopt a resolution, at its sole discretion, to re-impose sign
permit fees on electronic signs at any time prior to the expiration of the Fee Exemption Period.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of the conflict. Specifically, without limiting the
foregoing sentence, Resolution No. 2012-04 shall be deemed repealed upon adoption of Ordinance No.
08-2014.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this
Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate distinct and independent provision and such holding shall not affect
the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by
the City Council. However, the sign permit fee exemption established by sections 2 and 3 shall only take
effect if Ordinance No. 08-2014 is adopted by the City Council of the City of Cape Canaveral Florida.
Should Ordinance No. 08-2014 not be adopted within three (3)months of the adoption of this Resolution,
this Resolution shall hereby be deemed automatically repealed and no longer in effect.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 16th day of September, 2014.
Cli e,ey "L. leg._
Rocky Randels,Mayor
ATTEST: Name FOR AGAINST
John Bond X
Angel' Apperso r, MC Bob Hoog Motion
City Clerk
Buzz Petsos X
Rocky Randels X
Betty Walsh SPrond
Approved as to legal form and sufficiency
Fortit, of Cape Canaveral only by:
,,,ii0` .
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014-27
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