HomeMy WebLinkAbout2000 05 22 Public Hearings B First Reading - Ordinance 2000-17 Nonconforming Signs
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
May 22. 2000
Meeting
Mgr.~~t
Authorization
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission holds a first reading of Ordinance No. 2000-17 dealing with
nonconfonning signs in the S.R. 434 Corridor District.
PURPOSE:
The purpose of this agenda item is to request the City Commission holds a first reading of
Ordinance No, 2000-17 which deals with nonconforming signs in the S,R. 434 Corridor District.
APPLICABLE LAW AND PUBLIC POLICY:
Under current regulations, any sign, other than billboards, having an original cost in excess of one
hundred ($100) dollars and which is nonconforming as to permitted sign area or any other reason
which would necessitate the complete removal or total replacement of the sign within five (5)
years from November 14, 1997, Signs having an original cost of between one hundred ($100)
dollars and three thousand ($3,000) dollars must comply within two (2) years. Signs with a cost
of three thousand one ($3,001) dollars to ten thousand ($10,000) dollars must comply within
three (3) years and signs whose original cost was in excess often thousand ($10,000) dollars must
comply within five (5) years.
MAY 22, 2000
PUBLIC HEARING AGENDA ITEM B
Page 2
CONSIDERA TIONS:
On May 8,2000 the Commission reviewed current regulations and directed staff to prepare an
amendment to the code, Ordinance No. 2000-17 reflects that direction,
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a first reading to consider Ordinance No. 2000-17
and schedule a second reading to adopt.
ATTACHMENTS:
A. Section 20-466 ,(r) (1), and Section 20-454, (r) (l),City Code
B. Ordinance No, 2000-17
COMMISSION ACTION:
ATTACHMENT A
(q) Maintenance: All signs and associated apparatus shall be maintained by the owner of the
site, Violations shall be processed through the City's Code Enforcement Division,
(r) Nonconforming Signs.
(1) Any sign, other than billboards, having an original cost in excess of one hundred
($100) dollars and which is nonconforming as to permitted sign area or any other
reason which would necessitate the complete removal or total replacement of the sign,
may be maintained a period of from one (1) to five (5) years from the effective date of
these design standards. The term of years to be determined by the cost of the sign or
of renovation, including installation cost, shall be as follows:
Original Sign cost or
Renovation Cost
Permitted Years from
Effective Date of Design Standards
$0 to $3,000
$3,001 to $10,000
Over $10,000
2
3
5
(2) Any owner of a sign who desires to rely upon an amortization period longer than three
(3) years shall file with the City within one (1) year from the effective date of these
design standards, a statement setting forth the cost and date of the most recent
renovation, and a written agreement to remove or bring into conformance the
nonconforming sign at or prior to the expiration of the amortization period applicable
to that sign, The maximum period to amortize a sign shall be five (5) years,
(3) Violations shall be subject to Chapter 2, Article 3, Division 2. Code Enforcement, City
of Winter Springs Code of Ordinances,
Sec. 20-467
Utility Lines.
All new or relocated utility lines within the designated corridor shall be constructed and installed
beneath the surface of the ground unless it is determined by the City that soil, topographical, or
any other compelling conditions, make the underground installation of such utility lines as
prescribed herein unreasonable and impracticable,
(1) It shall be the developer's responsibility on-site to make the necessary arrangement with
each utility in accordance with the utility's established policy,
(2) The underground installation of incidental appurtenances, such as transformer boxes, switch
boxes, or pedestal mounted boxes for the provision of electricity shall not be required,
However, such appurtenances where not rendered impractical by the determination of the
Novemb~ 14, 1997
15
Redevelopment Area
(2) The maximum width from top to bottom of any flag shall be twenty (20%) percent of
the total distance of the flag pole,
(3) Flagpoles shall maintain the same setback requirements as project identification signs,
(4) Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above
grade,
(5) A project flag shall only contain information permitted on the project identification
sign. A project flag shall be submitted to the Design Review Board for approval.
(P) Temporary signs for special events,
(1) Permits for temporary signs, such as pennant and banner signs, not otherwise
prohibited are allowed for such purposes as auctions, special events, notice of opening
of new businesses, and going out of business sales, Permits for temporary signs shall
authorize the erection of the signs and maintenance thereof for a period not exceeding
fourteen (14) days; and permits cannot be renewed on the sa~e sign, nor shall another
temporary permit be issued on the same location, within ninety (90) days'from the date
of expiration of any previously issued temporary permit.
(2) Signs for specific events shall be removed within two (2) working days after
conclusion of the event. A freestanding temporary sign shall be no larger than thirty-
two (32) square feet, and may be double sided, Banner signs may be sized to extend
across roads,
(q) Maintenance: All signs and associated apparatus shall be maintained by the owner of the
site. Violations shall be processed through the City's Code Enforcement Division,
(r) Nonconforming Signs,
(1) Any sign, other than billboards, having an original cost in excess of one hundred
($100) dollars and which is nonconforming as to permitted sign area or any other
reason which would necessitate the complete removal or total replacement of the sign,
may be maintained a period offrom one (1) to five (5) years from the effective date of
these design standards, The term of years to be determined by the cost of t~e sign or
of renovation, including installation cost, shall be as follows:
Original Sign cost or
Renovation Cost
Permitted Years from
Effective Date of Design Standards
$ 0 - $ 3,000
$ 3,001 - $ 10,000
Over $10,000
2
3
5
(2) Any owner of a sign who desires to rely upon an amortization period longer than three
December I, 1997
16
New Development Area
(3) years shall file with the City within one (1) year from the effective date of these
design standards, a statement setting forth the cost and date of the most recent
renovation, and a written agreement to remove or bring into conformance the
nonconforming sign at or prior to the expiration of the amortization period applicable
to that sign, The maximum period to amortize a sign shall be five (5) years,
(3) Violations shall be subject to Chapter 2, Article 3, Division 2, Code Enforcement, City
of Winter Springs Code of Ordinances,
Sec. 20-455
Utility Lines.
All new or relocated utility lines within the designated corridor shall be constructed and installed
beneath the surface of the ground unless it is determined by the City that soil, topographical, or
any other compelling conditions, make the underground installation of such utility lines as
prescribed herein unreasonable and impracticable,
(1) It shall be the developer's responsibility on-site to make the necessary arrangement with
each utility in accordance with the utility's established policy.
(2) The underground installation of incidental appurtenances, such as transformer boxes, switch
boxes, or pedestal mounted boxes for the provision of electricity shall not be required,
However, such appurtenances where not rendered impractical by the determination of the
City shall be installed on the site of any development approved after the adoption of this
section. The necessary easements to allow the utility company access and service to such
appurtenances shall be dedicated to the service provider by the developer prior to issuance
of a building permit.
(3) All transformers and switch boxes related to development approved after the adoption of
this section shall be set back a minimum of fifteen (15) feet from any right-of-way and
visually screened using landscape materials or masonry construction in conformance with
these land development regulations,
. Sec. 20-456
Corridor Access Management.
(a) A system of joint use curbed driveways and cross access easements shall be established
wherever feasible along the S,R 434 Corridor and the building site shall incorporate the
following:
(1) A cross access corridor extending the entire length of each block served to provide for
driveway separation (consistent with the F,D,O.T. access classification system and
standards),
(2) A design speed often (10) mph and sufficient width to accommodate two-way travel
aisles designed to accommodate automobiles, service vehicles, and loading vehicles,
December I, 1997
17
New Development Area
ATTACHMENT B
ORDINANCE NO. 2000-17
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 20-466 AND SECTION 20-454 DEALING WITH
SIGNS ALONG S.R.434; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR lNCORPORA TION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs created a special overlay zoning district
to encourage and provide for enhanced property development within the S.R 434 commercial
corridor, and
WHEREAS, the City Commission of Winter Springs desired to reduce visual distraction
through uniform sign criteria, and
WHEREAS, The City Commission of Winter Springs recognizes that existing businesses
within the overlay district may have nonconforming signs whose replacement may impose a financial
hardship, and
WHEREAS, the City Commission however, finds that nonconforming signs are not favored
by law and shall, within a reasonable time proscribed herein, be amortized, removed, and replaced
with a new sign conforming to existing city codes,
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Winter Springs Code Section 20-454 and 20-466 are hereby amended as follows:
(underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *)
indicate a deletion from the Ordinance of text existing in Section 20-454 and Section 20-466. It is
intended that the text in Section 454 and Section 20-466 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Section 20-454 Signs.
* * *
(r) Nonconforming Signs,
(1) Any sign, other than billboards, having an original cost in excess of one hundred
($100) dollars and which is nonconforming as to permitted sign area or any other reason
which would necessitate the complete removal or total replacement of the sign, shall be
amortized and may be maintained until November 14. 2002 ,11 period offrom one(l) to
City ofWintcr Springs Ordinancc No, 2000-17
Pagc I 01"4
2
five (5) years from the effective date of these design standards, +he term of years to be
determined by the cost of the sign or of renovation, including installation, shall be as
follows:
Original Sign cost or
Renovation Cost
Permitted Years from
Effective Date of Design Standards
$0 $3,000
$3,001 $10,000
Over $10,000
2
3
5
(2) Any owner of a sign \-",ho desires to rely upon an amortization period longer than
three(3) years shall file with the City within one (1) year from the effective date of
these design standards, a statement setting forth the cost and date of the most recent
renovation, and a written agreement to remove or bring into conf-ormance the
nonconforming sign at or prior to the expiration of the amortization period applicable
to that sign, The maximum period to amortize a sign shall be five (5) years.
At or prior to November 14. 2002. all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S.R.
434 New Development regulations,
(3) Violations shall be subject to Chapter 2, Article 3. Division 2 Code Enforcement,
City of Winter Springs Code of Ordinances.
Section 20-466 Signs
* * *
( r) Nonconforming Signs,
( 1 ) Any sign, other than billboards, having an original cost in excess of one hundred
($100) dollars and which is nonconforming as to permitted sign area or any other reason
which would necessitate the complete removal or replacement of the sign, shall be
amortized and may be maintained until November 14. 2002, a period offrom one (1) to
five (5) years from the effeotive date of these design standards. The term of years to be
determined by the oost of the sign or of renovation, including installation cost, shall be
as follO\.vs:
City of Winter Springs Ordinance No. 2000-17
Page 2 of 4
3
Original Sign cost or
Renovation Cost
Permitted Years from
Effeotive Date of Design Standards
$0 to $3,000
$3,001 to $10,000
Over $10,000
2
3
5
(2) Any owner of a sign who desires to relay upon an amortization period longer than
three (3) years shall file with the City 'Nithin one (1) year from the effective date of these
design standards, a statement setting f-orth the cost and date of the most recent
renovation, and a written agreement to remove or bring into conformance the
nonoonforming sign at or prior to the expiration of the amortization period applicable to
that sign, The maximum period to amortize a sign shall be five (5) yeaFS:-
At or prior to November 14.2002. all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S,R.
434 Redevelopment regulations.
(3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enforcement,
City of Winter Springs Code of Ordinances,
Section 2, Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 4. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance,
Section 5, Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
City of Winter Springs Ordinance No. 2000-17
Page 3 of 4
4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2000,
Paul ,P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs Ordinance No. 2000-17
Page 4 of 4