§ 7.3.1 — Temporary signs

Section 7.3.1. - Temporary signs.

A. 1. Temporary signs, identified in this chapter as not requiring a sign permit, unless indicated below, must otherwise meet all the applicable requirements of this section and this article. Any temporary sign not meeting these requirements, in any way, including quantity, shall be treated as a non-exempt sign subject to permitting. The area of temporary signs displayed on a site shall not be included in the calculation of the total signs on such site. 2. Temporary signs are prohibited on real property in the City without the written approval of the property owner, lessee, or person in control of such property. Such written approval shall be available and provided to the City upon the City's request. The written approval required hereunder shall be available and provided to the City upon request regardless of whether the temporary signs are displayed by the property owner or any other person. The failure to provide such written approval to the City upon the City's request shall be a violation of this section. 3. Temporary signs are prohibited in any public Right-of-Way. Violations of this Subsection A.3. shall be subject to immediate removal and enhanced civil penalties, as provided in Section 7.3.1.G.2. 4. Temporary signs are prohibited in any Visibility Triangle. 5. It is prohibited to illuminate a temporary sign. 6. It is prohibited to display, place, or locate a temporary Freestanding Sign within five feet of another temporary Freestanding Sign. B. A-Frame Signs | Applicable Zoning District/Use | Non-Residential Zoning Districts and lawfully existing Non-Residential Uses in Residential Zoning Districts Sign permit required | No Number of signs | 1 per business, as identified by business tax receipt Maximum Area | An A-frame sign shall not have a copy area wider than 24 inches by 36 inches Maximum Height | 3 feet 6 inches Location | No A-frame sign shall block accessibility or be placed in any public right-of-way, exit, loading zone, bicycle rack, wheelchair ramp, sidewalk ramp, in designated parking spaces, or sidewalks. A-frame signs shall be allowed within the visibility triangle provided such sign meets the requirements of Section 5.1.7.A. A-Frame signs may be located in or on grass or mulched areas of approved landscaping, but shall not be located within one foot of any shrubs or trees when measured from the closest point of the shrub or tree. Duration | None Materials | An A-frame shall be constructed of materials that are durable and weather resistant, including wood, steel, fiberglass, plastic, or aluminum. Construction of the sign shall be of professional quality. Signs may consist of a framed chalkboard, whiteboard, tack board, or material that allows changeable copy. An A-frame sign shall be constructed to be able to withstand wind and other unpredictable weather elements, including thunderstorm activity. The sign face and the sign frame shall not contain glitter, florescent materials, streamers, balloons, or reflective materials. Other | 1. No A-frame sign shall be permanently anchored or secured to any surface. Other | 2. Signs shall be brought indoors at the close of each business day. C. Banners | Applicable Zoning District/Use | Non-Residential Zoning Districts and lawfully existing Non-Residential Uses in Residential Zoning Districts Sign permit required | Yes Number of signs | 1 Location | Except as provided for banners permitted in conjunction with temporary satellite sales events or special events on unimproved property or with events that are in lawfully permitted structures other than buildings (such as tents), no banner shall be attached to, placed on, displayed from, or mounted on any object other than a building, including trees or other vegetation, vehicles, trailers, utility poles, freestanding signs, or stakes. Each end of a displayed banner shall be secured to the building at which the banner is displayed. Duration | 10 consecutive days Other | 1. All banners displayed on a site shall be securely installed in a manner which will not impede the visibility of the motoring or pedestrian traffic. Other | 2. At least 30 days must elapse from the expiration of one permit prior to the issuance of another permit for the display of a banner at a site. D. Feather Banners | Applicable Zoning District/Use | Permitted only conjunction with an approved and active Model Home Use Sign permit required | No Number of signs | A model home on a single site may display 4 feather banners and 1 banner on the model home site. Corner-lot model home sites shall be allowed 4 feather banners with no more than 2 per side. For sites with two or more model homes approved through a single development application, one model will be allowed to have a freestanding sign but will not be permitted to have more than 1 feather banner or banner for that individual development site. The additional model homes regulated by the special exception shall be allowed to have 4 feather banners on each model home site. Maximum Width | 3 feet Maximum Height | 15 feet from ground level including support portion of the banner. Materials | The sign face of the feather banner shall be nylon, polyester, vinyl, or canvas. Neither the sign face nor the sign frame shall contain glitter, florescent materials, metal, or reflective materials. Duration | Life of the active Special Exception or until converted to new use. Feather banner or banner signs shall only be displayed on the approved special exception home property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Sunday. When the model home is not open, all feather banners and banners shall be removed and stored inside the model home. Other | All banners and feather banners shall be maintained in good condition and shall not become faded, torn, or in other similar forms of poor condition. E. Inflatable Objects | | Applicable Zoning District/Use | All districts, based on size | Size | 2 feet or less in width, diameter, and height | More than 2 feet in width, diameter, or height Sign Permit Required | No | Yes Number of Signs | 4 | 2 Maximum Height when measured from ground | 30 Feet | 30 Feet Location | No less than 10 feet from right-of-way | Duration | Maximum 10-day duration. No more than four times in one year; minimum 30 days required between permits | Other | 1. Inflatable objects that are 2 feet or less in width, diameter, and height and that contain no commercial message may be located or displayed on a site without obtaining a permit. | Other | 2. Inflatable objects that are greater than 2 feet in width, diameter, or height or that contain a commercial message may be located or displayed on a site provided that a permit is obtained. | Other | 3. Inflatable objects shall be erected using approved tie-down methods. | Other | 4. No inflatable object shall be displayed in a parking space necessary for the site to meet its minimum parking requirements. | Other | 5. Except for multiple business or entity sites, the display of inflatable object(s) on a site shall not exceed 10 consecutive days. | Other | 6. On multiple business or entity sites, each use on the site shall be treated as if it were a single business or entity site. | Other | 7. The area of the inflatable object(s) displayed on a site shall not be included in the calculation of the total signs on such site. | Other | 8. Inflatable objects shall not be placed on the roof of a structure. | F. All Other Temporary Signs | | | | Applicable Zoning District/Use | Single-Family Residential Zoning Districts (R-1, RE, AG) | Multi-Family Residential Zoning Districts (RML, RMM) | | All Non-Residential Districts Sign Permit Required | No | No | | No Number of signs/site | 3 | 2—6 Units | 1 per Street Frontage not to exceed 2 | 2 Number of signs/site | 3 | 7+ Units | 1 per Street Frontage not to exceed 2 | 2 Maximum Sign Area/sign | 4 sq. ft. | 2—6 Units | 16 sq. ft. per sign | 16 sq. ft. Maximum Sign Area/sign | 4 sq. ft. | 7+ Units | 24 sq. ft. per sign | 16 sq. ft. Maximum Sign Height for a Temporary Freestanding Sign | 6 ft. | 2—6 Units | 6 ft | 6 ft. Maximum Sign Height for a Temporary Freestanding Sign | 6 ft. | 7+ Units | 6 ft. | 6 ft. Maximum Sign Height for a Temporary Wall Sign | 15 ft. | 2—6 Units | 15 | 15 ft. Maximum Sign Height for a Temporary Wall Sign | 15 ft. | 7+ Units | 15 | 15 ft. Minimum Sign Setback from any property line | 10 ft. | 10 ft. | | 10 ft. Duration | Temporary signs placed in accordance with this Subsection F. shall not exceed 30 consecutive days. Notwithstanding the foregoing, temporary signs placed in accordance with this Subsection F. shall be allowed for the 90 calendar days prior to and 7 calendar days following any Federal, State of Florida, Lee County, or City of Cape Coral elections, including primaries. Temporary Signs exceeding the durational time limitations provided herein shall be considered permanent signs and subject to Section 7.4.1. or Section 7.4.2., as applicable. | | | G. Penalties and enforcement. 1. Except for violations of Section 7.3.1.A.3., any violation of Section 7.3.1. shall be subject to the following penalties: a. If the violation is the first offense, a person or business shall receive a civil fine of $25, per sign; b. If the violation is the second violation within the preceding 12 months, a person or business shall receive a civil fine of $100, per sign; c. If the violation is the third violation within the preceding 12 months, a person or business shall receive a civil fine of $500, per sign; and d. If the violation is the fourth or subsequent violation within the preceding 12 months, a person or business shall receive a civil fine of $1,000, per sign. 2. Enhanced civil penalties. Any violation of Section 7.3.1.A.3. shall be subject to the following penalties: a. If the violation is the first offense, a person or business shall receive a civil fine of $500, per sign; b. If the violation is the second or subsequent violation within the preceding 12 months, a person or business shall receive a civil fine of $1,000, per sign. c. In addition to the imposition of civil penalties provided herein, City officials are hereby authorized to immediately remove and confiscate any sign(s) located in any public Right-of-Way in violation of Section 7.3.1.A.3. The City shall notify the responsible person or entity for installing the sign(s) that the sign(s) may be retrieved from the City upon the timely payment of any civil penalty due or a successful appeal of the violation. If the civil penalty is not paid or an appeal filed within ten days of service of a notice of violation, the City is authorized to destroy any signs removed and confiscated hereunder. 3. Enforcement. a. The Cape Coral Police Department or the Code Compliance Division shall enforce this Section 7.3.1. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a violation of this section is observed, the enforcement officer will be authorized to issue a notice of violation to the property owner of the subject real property and/or the responsible person or entity for installing the sign. The notice of violation shall inform the violator of the nature of the violation, amount of civil fine for which the violator is liable, instructions and due date for paying the civil fine, that the violation may be appealed by requesting an administrative hearing before the special magistrate within ten days after service of the notice of violation, and that the failure to appeal the violation within ten days of service shall constitute an admission of the violation and a waiver of the right to a hearing. All notices required by this section shall be provided to the violator in accordance with Section 2-85(c) through (g) of the City Code of Ordinances. b. In the event the violator does not request an administrative hearing before the special magistrate within such ten-day period, the City may take any and all necessary actions to remediate the violation and bring the property into compliance and charge the violator with the reasonable cost of the repairs or the reasonable cost for removing or correcting the violation, along with the civil fine imposed pursuant to this section. The City correcting, remediating, or repairing the violation does not constitute a continuing obligation on the part of the City to make future repairs or to maintain the property and does not create any liability against the City for any damages to the property if the repairs were completed in good faith. 4. Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special magistrate. a. A violator who has been served with a notice of violation must elect to either: i. Pay the civil fine in the manner indicated on the notice of violation; or ii. Request an administrative hearing before the special magistrate to appeal the notice of violation, which must be requested within ten days of the service of the notice of violation. b. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in Sections 2-86 and 2-87 of the City Code of Ordinances, except as specifically provided in this section. Appeals for an administrative hearing of the notice of violation must be accompanied by a fee as approved by a resolution of the City Council, which fee shall be refunded if the named violator prevails in the appeal. c. If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special magistrate, the special magistrate may be informed of such failure by report from the enforcement officer. The failure of the named violator to appeal the decision of the enforcement officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. d. A certified copy of an order imposing a civil fine, or a civil fine plus remediation costs, shall be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the 61st day following the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien. e. Any party aggrieved by a decision of a special magistrate may appeal that decision to a court of competent jurisdiction. f. The special magistrate shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten (10) days of the service of the notice of violation. g. The special magistrate shall not have discretion to alter the penalties prescribed in Subsections G.1. and G.2. h. Nothing in this section shall be construed to prohibit the City from enforcing these provisions by any other supplemental means as may be allowed by law.

(Ord. 43-21, § 1, 6-2-2021; Ord. No. 30-24, § 1, 5-15-2024)