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Home My WebLink About2008 07 28 Regular 607 Consider Request of Local Realtors to Waive Sign Code for Real Estate SignageCOMMISSION AGENDA Consent Informational ITEM 6 0 7 Public Hearin Rellular .X July 28, 2008 Mgr. REQUEST: The Community Development Department requests that the City Commission consider the request by representatives of local realtors to waive the sign code for real estate signage. PURPOSE: Staffhas been directed to bring this unspecified request to waive the City's sign code forward to the City Commission for consideration on this date. CONSIDERATION: The City staff received similar requests, from various sources, in the past (approximately 2 previous a-mail requests), to unequivocally waive the entire sign code for realtor open house events. These have always been denied, since they are inconsistent with Code, in terms of content and procedure. No party making these broad-based requests has spoken with staffabout the process or cost set forth by the City. Staffhas been directed to bring this request (Attachment "A") forward to the Commission. The City Code was amended on October 29, 2006, with the adoption of Ordinance No. 2006-18, which updated the City's sign code. Section 16-52 of the Code sets forth the purpose and intent of the regulation (Attachment "B"). The sign code provides exemptions for a reasonable amount of small on-site signage, while prohibiting ofl=premises signage. Section 16-51 defines anoff-premises sign ("Off premises sign shall mean a sign identifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is located."). Subsection 16-57 (11) prolibits ofd site signs. Subsection 16-57 (23) prohibits "Any sign not expressly authorized under the City Code." Section 16-77 further prohibits new ofd premises signs. Subsection 16-55 (6) of the City Code exempts (from the permitting process) "Temporary signs that do not exceed six (6) square feet, provided the signs meet the requirements set forth in sections 16-59 and 16-60." Subsection 16-59 (f) sets forth construction and maintenance standards for temporary signs, specifying materials that are acceptable and those which are prohibited. -~- July 28, 2008 Regular Item 607 Page 2 of 2 Section 16-60 provides supplemental temporary sign requirements. Subsection 16-60 (b) states that "On property zoned residential or used for residential purposes, no temporary sign shall exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed four (4)." Subsection 16-60 (d) limits the maximum height of temporary signs on residential lots to four (4) feet; Subsection 16-60 (e) requires that temporary signs be set back at least five (5) feet from a right-of--way and 10 feet from other property lines. Subsection 16-60 (f) provides the following: "Upon issuance of a building permit, areas under development pursuant to an existing development order approved by the city shall be permitted one (1) additional non-illuminated temporary sign not to exceed a sign area of sixteen (16) square feet and six (6) feet in height for a single family lot or thirty two (32) square feet and ten (10) feet for multi-family, commercial, industrial, and institutional development projects. Signs permitted hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked. All signs shall be removed when the project has been completed, suspended, or abandoned for at least three (3) months." Section 16-87 provides for on-premises banners on commercial, industrial, or multi-family zoned property. The section sets forth a maximum size and duration. Section 16-58 provides the relief mechanism from the sign code - a waiver, pursuant to Section 20- 34. It clearly states, however, that "... a waiver shall not be permitted from the provisions of sections 16-56 and 16-57." Section 16-56 addresses non-conforming signs. Section 16-57 is the prohibited signs section (referenced above -off-premises signs are prohibited by this section). Staff feel that the regulation ofoff-premises signs is one of the principal foundations for controlling sign pollution within the City. RECOMMENDATION: Staff recommends the Commission continue to uphold the integrity of its ordinances and deny this request. ATTACHMENTS: A June 28, 20081etter to Mayor Bush B Section 16-52 Sign Code Purpose and Intent COMMISSION ACTION -2- ATTACHMENT A From: Barbara Coy <barbaracoy @ gmail.com> Date: Sat, Jun 28, 2008 at 7:35 AM Subject: I will be at the July 28th meeting To: ifbush@winter~ringsflorida.or~ Cc: ~fbush@wntersprmgsfl._org Mayor Bush, Thank you for the time you gave me this week to discuss my sign issues as a Realtor. In keeping with our recent conversation regarding the sign ordinance, as you requested, I am sending you this e-mail to remind you that I will be attending the July 28th meeting and would like to address the members to give a brief talk regarding the sign ordinances as they apply to Realtors. As a Realtor in Winter Springs the ordinance regarding our "Open House" signs has caused a great deal of hardship for us and our clients. These professional signs are only out for 2 to 4 hours on any given day .and I would like to ask the board to consider an amendment with specific wording allowing the signage. I hope you enjoy your trip and I look forward to meeting you on the 28th of July. Regards, Barbara Barbara Coy, GRI, e-PRO Your Real Estate Consultant for Life Direct: 407-497-1777 www.barbaracoy.com Referrals are my greatest source of business RE/MA`X Town & Country Realty 1315 Tuscawilla Road, Suite 101 Winter Springs, Fl. 32708 ...".Thank you for remembering me". 6/30/2008 ATTACHMENT B $ 16-51 WINTER SPRINGS CODE sign is located or products or services which are not available on the premises where the sign is located. Pole sign is a ground sign supported by poles, uprights, or braces, which are not concealed in an enclosed base, but are permanently placed on or in the ground and wholly independent of any building for support. Right-of--way is any land designated as city, county, state, or federal roadway and private roadways. Roof sign shall mean any sign erected or in- stalled upon a roof of any building or structure. Signs shall mean any surface, fabric, device, or display, whether illuminated or non-illuminated, designed to identify, announce, direct or inform and can be seen off-site. Snipe sign is any sign of any material whatso- ever that is attached in any way to a utility pole, tree or any object located or situated on a public road right-of--way, or any sign which is installed on property without the permission of the prop- erty owner. Spot or searchlight is any apparatus designed to project a beam of light for the purpose of advertisement during hours of darkness. Temporary sign shall mean a sign displayed before, during or after an event or occurrence scheduled at a specific time and place, inclusive for example, for rent signs, for sale, construction signs, real estate signs, management signs. Zl"ailer sign is any sign mounted on a vehicle normally licensed by the state as a trailer and used for advertising or promotional purposes. (Code 1974, § 5-112; Ord. No. 675, 12-8-97; Ord. • . No. 2001-50, § 2, 10-22-01; Ord. No. 2003-36, § 4, • ' 0-13-03; Ord. No. 2006-18, § 2, 10-23-06) Cross reference-Definitions and rules of construction enerally, § 1-2. Sec. 16-52. Purpose and intent. (a) The purpose of this article is to regulate the number, size, type, use, design, construction and location of signs within the city. These regulations are established in order to promote the overall economic well-being of the city, while at the same time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the city. These regulations are intended to avoid excessive com- petition and clutter among sign displays in the demand for public attention, eliminate danger- ous, dilapidated and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the city, consistent with constitutional guarantees and while provid- ing for adequate opportunities for effective means of communication. (b) For purposes of this article, any lawful sign may display a noncommercial message in addi- tion to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on-premises. Nothing in this article shall be con- strued to regulate the content of the message displayed on any sign. (Code 1974, § 5-111; Ord. No. 2006-18, § 2, 10-23- 06) Sec. 16-53. Building permit required. No person shall erect, alter, repair, replace, or relocate within the city any sign, except as pro- vided in section 16-55, without first obtaining a building permit for such work. No permit shall be issued until the city determines that such work is in accordance with the requirements contained in this article, and such work will not violate the building, electrical, aesthetic or other codes of the city. A sticker, provided by the city showing the permit number and date of expiration of the permit, if any, shall be displayed on each permit- ted sign. (Code 1974, § 5-118; Ord. No. 2006-18, § 2, 10-23- 06) Sec. 16-54. Applications; permit fees; review period; approval criteria; appeals. (a) All sign permit applications shall be filed on forms supplied by the city. The application shall contain the following information and docu- ments: (1) The name, address and telephone number of the property owner and applicant if different than owner. Supp. No. 10 1046