Cape re-addresses issues of signs in the city
If you have a “Donald Trump for 2024” sign attached to your fence, you may need to find it a new home.
The Cape Coral City Council on Wednesday voted unanimously to amend an ordinance prohibiting temporary signs that are attached to fences, particularly political signs.
Council brought the issue up mainly to address political signs and codify timelines for signs associated with elections, as we are 17 months away from mid-term elections.
The ordinance comes from a 2015 case that went to the Supreme Court (Reed v. Town of Gilbert), where the court ruled unanimously that local governments cannot regulate signs based on content as it violates the First Amendment.
This ruling invalidated most municipal sign codes throughout the country and ended the classification of signs, from real estate to political. All signs had to be content neutral.
Local governments could, though, regulate the time, place and manner.
Signs can go in certain locations for a set period of time on certain properties in certain numbers, said Amy Yearsley, housing coordinator.
When the city did its massive code changes in 2019, that ruling was the basis of the city’s sign regulations.
The ordinance now states the political signs are considered “Other Temporary Signs,” which will allow for these signs to be placed 90 days prior to and seven days following any federal, state, county and city election, including primaries.
The ordinance does not impact real estate signs, which go up at homes for sale and can stay there for months if the property isn’t sold.
While there were other changes that could be considered housekeeping, Councilmember Jessica Cosden raised one that wasn’t when she asked about flags. It was such a compelling question that City Attorney Dolores Menendez had to look it up, resulting in a brief recess.
It was found that if a flag has a message on it, it is considered a sign and could not be hung in residential or non-residential districts except at a recreational park.
“Please note that it does not regulate the content of a flag, it just says you could not attach it to a fence,” Menendez said. “You can still feel free to air your messages.”
Vince Cautero, community development director, said the signs/flags could be moved to the structure if they conform to code.
“It looks like this will be a case because we’re talking about this on live TV and I can’t do anything now because you specifically asked me about a case where the signs are legal today and illegal tomorrow on a fence,” Cautero said.
In other business, the city tackled the first of two public hearings on an ordinance that would prohibit storage uses on sites zoned Agricultural and would affect only Agriculturally zoned properties that are primarily located along the Burnt Store Road Corridor.
A second ordinance seeks to protect large sites (over 200 feet in width) with Commercial Corridor zoning with frontage along Pine Island Road for commercial uses by requiring new multi-family development to be setback 250 feet or more from the front property line.
The second and final public hearings will be Wednesday, June 16.
Also, Donovan Duncan was named to the Construction Regulation Board and Mayor John Gunter was named liaison to the Charter Review Commission.
To reach CHUCK?BALLARO, please email news@breezenewspapers.com