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HomeMy WebLinkAbout1999 10 11 Public Hearings Item G COMMISSION AGENDA ITEM G Consent Informational Public Hearing X Regular October 11 ~ 1999 Meeting Mgr. / Authorizatio - REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission hold a public hearing for the first reading of Ordinance No. 748 establishing a moratorium prohibiting the installation of new billboards. PURPOSE: The purpose of this agenda item is to hold a public hearing for the first reading of Ordinance No. 748 to amend Section 20-454 (t), 20-466 (t) and 16-77 of the City code establishing a moratorium on the permitting and installation of billboards within the City of Winter Springs until a code change regulating billboards is drafted and adopted. The moratorium would continue up and through January 31, 2000. APPLICABLE LAW AND PUBLIC POLICY: Current regulations prohibit billboards in the S.R. 434 Corridor Vision Plan New Development and Redevelopment areas (Section 20-454 (t) and Section 20-466 (t). Section 16- 77 of the City Code regulates placement of billboards in other areas of the City. CDD/October 1,1999/10:25 AM OCTOBER 11, 1999 PUBLIC HEARING AGENDA ITEM G Page 2 CONSIDERA TIONS: . The visual character of a community, i.e. the appearance of its streets, neighborhoods and business areas, is essential to its long-term economic viability. Sign control is an integral part of improving visual character and quality of life. · Billboard control helps communities by preserving and improving community appearance, enhancing quality of life, protecting property values, fostering tourism and economic development, and improving motorist safety. . The Highway Beautification Act has fallen short of its intent to control billboard proliferation. Loopholes and subsequent legislation have made it nearly impossible to remove nonconforming billboards. The responsibility for billboard control is now with local government. · Four states; Vermont, Hawaii, Alaska and Maine, and more than 200 Florida communities have completely banned billboards. . Staff needs additional time to draft permanent legislation regulating billboards. A temporary moratorium would protect the community from any new billboards until the new legislation is drafted and adopted. IMPLEMENTATION: The City Commission will hold a public hearing for the second reading and adoption of Ordinance No. 748 on October 25, 1999. The moratorium will take effect upon adoption of Ordinance No. 748 FUNDING: n/a STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing to approve the first reading of Ordinance No. 748 and move to hold a second reading of Ordinance No. 748 on October 25, 1999. CDD/October 1,1999/10:44 AM OCTOBER 11, 1999 PUBLIC HEARING AGENDA ITEM G Page 3 ATTACHMENTS: A. Ordinance No. 748 B. Sections 20-454, 20-466, and 16-77 of City Code COMMISSION ACTION: CDD/October 1,1999110:25 AM ORDINANCE NO. 748 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A MORATORIUM ON THE CONSTRUCTION AND/OR ERECTION AND/OR LOCATION AND PLACEMENT OF ANY BILLBOARDS WITHIN THE CITY OF WINTER SPRINGS, FLORIDA; SAID MORATORIlJM TO CONTINUE UP TO AND THROUGH JANUARY 31, 2000, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, recognizes that scenic beauty helps communities attract visitors and residents, boosts local economics and enhances our quality of life, and WHEREAS, billboards are recognized as detrimental to the scenic beauty of our community, and WHEREAS, sign regulations are established to achieve the purpose of protecting property values, public investment and overall neighborhood character by preventing conditions which have undesirable impacts on surrounding properties, and WHEREAS, the law regulating billboards requires additional analysis prior to the implementation of a City policy on the construction and/or erection and or location and/or placement of billboards, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - A moratorium prohibiting the construction and/or erection of billboards is hereby enacted in the City of Winter Springs, Florida, up to and through January 31, 2000. SECTION ll- A billboard shall be defmed as an outdoor sign advertising services or products, activities, persons or events which are not made produced, assembled, stored, distributed, leased, sold, or conducted upon the premises upon which the billboard is located. SECTION ill - Conflicts. All Ordinances in conflict with the provisions of this Ordinance are hereby superceded and this Ordinance shall prevail. SECTION IV-Severability. If any words, phrase, sentence or portion of this Ordinance is stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the Ordinance not specifically stricken shall remain in full force and effect. SECTION v- Effective Date. This Ordinance shall become effective upon its passage. DONE AND ENACTED in regular of the City Commission of the City of Winter Springs, Florida this day of , 1999. CITY OF WINTER SPRINGS, FLORIDA Mayor Paul P. Partyka ATTEST: Andrea Lorenzo-Luaces, City Clerk (e) Additional Signs/Variances: Under special circumstances, such as for parcels on corner lots, additional signs consistent with these design standards may be approved by the City Commission, upon a request submitted to the Board of Adjustment pursuant to Sec. 20-82 and 20-83 of the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where such variances will not be contrary to the public interest and where, due to special conditions, a literal translation of this sign code would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign code S . . -- variances shall follow those provisions for zoning variances. ectIOn 20-454 . (f) Commercial Outdoor Advertising (i.e. Billboards) Off-site advertising signs such as billboards are prohibited. (g) Changeable Copy Signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: . (1) The sign cabinet shall be all aluminum extrusion or better as approved by staff Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: a. Changeable copy signs shall not comprise more than twenty-five (25%) percent of the permitted sign area; b. Movie theaters and other performance/entertainment facilities may utilize up to eighty (80%) percent of the permitted sign area for display of films, plays or other performances currently showing. Such copy area shall be included as part of the permitted sign area. c. Movie theaters may use up to eighty (80%) percent of permitted wall sign area for display of names, films, plays or other performances currently showing. d. One changeable copy sign advertising the price of gasoline is permitted on gasoline station sites provided it shall not exceed twelve (12) square. feet per sign face. (2) The sign face shall be acrylic Pan X 15 or Equal. (3) The letters and track shall be Wagner Zip-Change or Equal. (h) Backlit Signs: Backlighting of awning signs shall be prohibited. (i) Window Signs: Window signs may he permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise when incorporated with such a display. The total area of all window signs, shall not exceed twenty (20%) percent of the window glass area to be calculated separately December 1. 1997 13 New Development Area (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. (2) The identification sign is located on the exterior wall of a building. (3) The sign shall be clearly integrated with the architecture. (4) The sign shall not project above any roof or canopy elevations, and the top of the sign shall not be higher than fourteen (14) feet above the main entry floor. (5) The sign shall display only one (1) surface and shall not project more than six (6) inches from any wall. (6) Signs shall conform to the following schedule: Building Size (Gross Floor Area) Max. Copy Area Max. Letter Height Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet 16 square feet 32 square feet 48 square feet 2 feet 25% Height of Building 25% Height of Building (e) Additional SignsNariances: Under special circumstances, such as for parcels on corner lots, additional signs consistent with these design standards may be approved by the City Commission, upon a request submitted to the Board of Adjustment pursuant to Sec. 20-82 and 20-83 or the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where such variances will not be contrary to the public interest and where, due to special conditions, a literal translation of this sign code would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning variances. Section 20-466 (t) Commercial Outdoor Advertising (i.e. Billboards) Off-site advertising signs such as billboards are prohibited. (g) Changeable Copy Signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: (1) The sign cabinet shall be all aluminum extrusion or better as approved by stat[ Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: a. Changeable copy signs shall not comprise more than twenty-five (25) percent of the permitted sign area; Novemb.:r 14, 1997 11 Redevelopment Area ~ 8 - I SIGNS AND ADVERTISING (2) Within two (2) years of the effective date of this division, all nonconforming outdoor ad- vertising signs and their supporting mem- bers shall be removed. (3) Any nonconforming identification sign may be allowed to continue, provided the busi- ness or use it advertises remains in opera- tion. When the business or use is discon- tinued, the sign must be removed, and any replacement sign must conform to all ex- isting regulations. (b) Signs placed on public right-of-way without authorization shall be subject to immediate re- moval by the department of public works of the city. (Code 1974, ~ 5-114) Sec. 16-57. Prohibited signs. The following signs are hereby prohibited: (1) Snipe signs; (2) Freestanding signs; (3) Obscene signs; (4) Hazardous signs; (5) Flashing, running or revolving illuminated signs; (6) Bus stop shelter signs; (7) Any sign placed on public right-of-way for more than twenty-four (24) hours which does not comply with this regulation; (8) Balloon displays; (9) Spot or search lights. (Code 1974, ~ 5-115) Sec. 16-58. Variances. (a) Variances to this article, except for those decisions made by the site plan review board or staff review, may be granted by the city board of adjustment pursuant to sections 20-82 and 20-83 of the City Code. (b) Decisions made by the site plan review board may be appealed to the city commission pursuant to section 9.348 of the City Code. Supp. No.6 S 16-77 (c) Decisions made by the staff review may be appealed pursuant to section 20-355 of the City Code. (Code 1974, ~ 5.117) Sees. 16-59-16-75. Reserved. DIVISION 2. STANDARDS* Sec. 16-76. Generally. All signs shall be maintained in original condi- tion. No sign shall be placed in a city-controlled right-of-way with the exception of directional signs. Any sign erected on private property that exceeds six (6) square feet in area requires the payment of a fee to and a permit from the building depart- ment, and shall display an official city sticker showing the date of expiration. No sign shall ob- struct the sight of any roadway or driveway in- tersection or approach between two (2) feet and five (5) feet from ground level. (Code 1974, ~ 5-113(a)) Sec. 16-77. Outdoor displaylbillboard~-Off- premises signs. (a) Any outdoor advertising displaylbillboard off-premises sign shall be set back a minimum of twenty-five (25) feet from the right-of-way on all state, county, and municipal roads. (b) S~ch signs shall not be located nearer than five hundred (500) feet to the nearest residential district. (c) On all state, county and municipal roads, such signs shall be placed a minimum distance of two thousand (2,000) feet apart. No new such sign shall obstruct the sight of an existing permitted sign. (d) Such signs shall not exceed one hundred sixty (160) square feet of copy area, or project more than twenty-five (25) feet above the crown of the road which the sign is designated primarily to serve. The copy area limit allowed on both sides is a total of three hundred twenty (320) square feet. "V" signs are permitted, provided they are constructed with an inner angle not to exceed thirty (30) degrees. .Cross reference-Buildings and building regulations, Ch. 6. 959 ~ 16.77 WINTER SPRINGS CODE (e) Such signs shall not be erected or maintained within five hundred (500) feet of a church, school, cemetery, public recreation area, state or national forest, railroad intersection, or any residentially zoned property, measured along a common right- of-way. (f) Such signs shall be reviewed by the site plan review board and shall be permitted in industrial and commercial zoning classifications only. (g) Such signs require a permit, valid for a max- imum of two (2) years, which may be renewed. (Code 1974, ~ 5-1l3(b)) Sec. 16-78. Same-On-premises signs. (a) Any outdoor advertising display/billboard on-premises sign attached to a building shall have a total allowable copy area, including identifica- tion and advertising, of one (1) square foot for each lineal foot of store frontage. (b) Such signs not attached to a building shall be placed not less than twenty-five (25) feet from any intersection, with a maxim'um copy area of thirty-two (32) square feet on each side. Double- sided or "V" signs are permissible provided they are constructed with,an inner angle not to exceed thirty (30) degrees. (c) Signs not attached to a building, proposed as part of a development plan, shall be reviewed by the site plan review board, or staff review, as appropriate, during initial site plan review. (Code 1974, ~ 5-1l3(c)) Sec. 16-79. Trailer signs. (a) A trailer sign shall be considered a tempo- rary sign, and as such the copy area of a trailer sign shall not be considered as part of the maxi- mum allowable copy area for an outdoor advertis- ing display/billboard on-premises sign. (b) Any person engaged in the renting, leasing, owning or otherwise providing for hire of any trailer sign shall be properly licensed as required by law. (c) Prior to the display of any trailer sign upon any premises, a permit for each sign from the building department is required. A permit shall be valid for no longer than a period of thirty (30) SuPp. No.6 - days. A permit cannot be renewed, nor can a per- mit be obtained for the same business within a period of ninety (90) days. (d) Trailer signs must be placed entirely on pri. vate property and may be placed immediately adjacent to the property line provided no traffic hazard is thereby created as determined by the building official, and provided such sign is placed not less than ten (10) feet from the edge of the paved surface of any road. (e) No trailer sign may be placed in a parking space which is required to meet the minimum parking requirements for that development. CD Trailer signs shall be permitted in commer- cial and industrial districts only. (g) No more than one (1) trailer sign per busi- ness location shall be permitted. Trailer signs on the same side of the road shall be placed not less than two hundred (200) feet apart. No more than three (3) trailer signs for every one thousand (1,000) feet on the same side of the road shall be permitted. (h) The exterior measurements of any trailer sign, exclusive of the transportation mechanism, shall not exceed six (6) feet in height or ten (10) feet in length, and shall not exceed sixty (60) square feet in area per face. No trailer sign shall be located in such a manner as to obstruct an- other sign. (i) All bulbs in or attached to any trailer sign shall be approved weatherproof rated outdoor lamps. Spot-type bulbs and flashing, running, or revolv- ing illumination are prohibited. (j) Each trailer sign shall have permanently affixed and prominently displayed the name, busi- ness address and/or telephone number of the owner of the sign. (k) Each trailer sign, when in use, shall in some manner Qe securely fastened to a permanent struc- ture or to the ground and shall have its wheels locked so that only the person renting, leasing, owning, or providing the sign shall have the ca- pability of unlocking the wheels. (1) A permit for a trailer sign shall be valid only for the sign location designated on the per- mit. If a trailer is moved from the location desig- nated on its permit, the permit shall become void, and no refund of the fee shall be due. 960 el e e: