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HomeMy WebLinkAbout2000 06 12 Public Hearings C Second Reading - Ordinance 2000-17 Nonconforming Signs . ..,.- COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular June 12_ 2000 Meeting /) ;j~/ . :% I , . Mgr. / ept. Authorization' ' REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission holds a second reading to adopt 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 second reading to adopt 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 mllst comply within three (3) years and signs whose original cost was in excess often thollsand ($10,000) dollars must comply within five (5) years. JUNE 12, 2000 PUBLIC HEARING AGENDA ITEM C Page 2 CONSIDERATIONS: On May 8, 2000 the Commission reviewed current regulations and directed staff to prepare an amendment to the code. Ordinance No. 2000-17 reflects that direction. A first reading was held on May 22, 2000. STAFF RECOMMENDATION: Staff recommends the City Commission holds a second reading to adopt Ordinance No. 2000-17. A TT ACHMENTS: A. Section 20-466 ,(r) (1), and Section 20-454, (r) (1),City Code B. Ordinance No. 2000-17 C. Advertisement published May 31, 2000 COMMISSION ACTION: ATTACHMENT A (q) Maintenance: All signs and associated apparatus shall be maintained by the owner of the site. Violations shall be processed through the City's Code Enforcement Division, (r) Nonconforming Signs, (1) Any sign, other than billboards, having an original cost in excess of one hundred ($lOO) 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 $lO,OOO 2 3 5 (2) Any owner of a sign who desires to rely upon an amortization period longer than three (3) years shall file wjth 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 Novemhcr 14, 1997 15 Redevdopment 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 same 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 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 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. Deccmbcr I, 1997 17 Ncw Development Area ATTACHMENTB ORDINANCE NO. 2000-17 AN ORDINANCE Oli THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPIUNGS CODE OF ORDINANCES, SECTION 20-466 AND SECTION 20-454 DEALING WITH SIGNS ALONG S.R434;I~ROVlDING FOR TI.IE REPI~AL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION 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 strikeol:tt 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, flavtHg-nn-eFigtHaI cost in excess e~"ene--hI:iHElrea E$+{)G)-dBI-taFS--a-flEi which is nonconforming as4e-~efmiHe&-sign area or any other-r-easen wflieh-wel:tla-neeessiffit'e4he-eem~Iete-r-emeval-eF-tetal-r-e~laeement-eHlie-stgA, s hall be amortized and may be maintained until November 14, 2002 ,a-~er~ed-ef-f-f-em-enet4-te City or Winter Springs Ordinance No. 2()()(),17 I':tge I 01'4 2 live-(-B-YeaFs fFem-the-ef:f:eettve-dare-ef:..t-hese-eesign-stanclmds, :f..fte-t-er-m-ef years to be eet-er-minee-9y-the-wst~e--sigFl-0~I:'Fenevatien-;-in61l:ldinbJ-jH5taHation, shall be as fBllews.:. GFiginal--Sign-oost-er R:enevatien-C-es-t PeFmiHed~a-FS-fFem Elfeetive-f)ate-ef.f)esig-A-Stoodaffis $O-$J,GOO $J,OOi-$-l-Q,{)OO Gver-$1 0,000 2 3 5 (2) AHy--owner of a sign who desires to rely upon aR-amortization period longer than threefB years shall file '.'lith the City within one (I) year from the effective date of these-eesign-standards, a statement setting forth the-eost and date of the most recent renevtltion, and a written agreement to remeve-e!'--bflflg into conformance the nenoonferming sign at or prior to the expiration of.-t.fle-amortizatien period applicable to that sign, The maxim\:lffi--Pefled 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 ofQrdinances, Section 20-466 Signs * * * ( r) Nonconforming Signs. ( 1 ) Any sign, other than billboards, having an oFiginal oost in exoess of one hundred ($100) do\-laFs-an&-which is nonconforming as to permitted sign area or any other reason which wollid necessitate the complete remeval or rej7la€ement of the sign, shall be amortized and may be maintained until November 14,2002. a period offrom one (1) to ftve-(S) years from-tAe effective date of these design-stane~Fm--efyears to be det-effRtned by the cost of the-sign or ot:-r-enevatle&,-tnell:lffing-tnstat-l-ation cost, shall be as-fe II ews.:. City or Winler Springs Ordinance No. 2()()()-17 Page 2 01'4 3 Gl'iginat-Sign-eest-er Reoovat-ien-Gest P.eFm iHed-Y-ea Fs-fF0111 J;/feeti-ve-Q a te-of-Qesi gn-8 t-aneuffis $G-te-U;-GQG $J,GQ-l-tB-$+G;-GGG G-veF-$-l-G,-GGO 2 } 5 (2) Any-ewner of a sign whe--ecsircs to rclay-upen-an-amel't-in'll-ien--peRB6-lenger than tltree-(.}j-yeaFS-shaI1-fi1e v/ith the City '.vi~ne (I) year frem-the--elteet1ve date of these destgfl-Sfanaards, a statement setting forth the-oost-ana-eate--t)f-the-most recent renovation, and a '.vAtten agreemcnt to remeve--er-er~ng-int-e-oon.fermancc the nonconforming-sign-at--or prior to the expiratien--eHRe-afflBFt-ffiltiel'l-f3eriod apJ*ieable-t-e t-flat-sig~e maximum period to amortizc a sign4aH-ee-fr-ve+5) yeftfS-:- At or prior to November 14. 2002. all nonconforming signs shall be removed and may be reRlaced with signs that confonn 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. If any 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 ofWinler Springs Ordinance No, 20(HI-17 Pagc:1 of4 4 Paul P. Partyka, Mayor ATTEST: aces, City Clerk I APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR . Y OF XINTER SPRINGS ONLY: /1/' 1/' Anthony A. Garganese, City Attorney First Reading: May 22, 2000 Second Reading: June 12, 2000 Effective Date: June 12> 2000 City of Winlcr Springs Ordinllncc No, 2(){)()-17 Page 401'4 ATTACHMENT C NOTICE OF CHANGES TO SECTION 2G-466 AND SECTION 20-454 RELATING TO SIGNS ALONG S.R. 434 IN THE' CITY OF WINTER SPRINGS, FLORIDA NOTICE OF AMENDMENTS TO SECTION 20.466 AND SEC- nON 20-454 OF CITY CODE OF ORDINANCES IN THE CITY OF WINTER SPRINGS, NOTICE IS, HEREBY GIVEN THAT THE CITY- COMMISSION OF THE, CITY OF . WINTER 'SPRINGS WILL HOLD A SEC, OND READING ON PROPOSED ORDINANCE 2000-17 TO CON. SIDER AMENOMENTS TO"SEG- TlON 20-454 ANO SECTION 20- 466 OF THE CODE OF WINTER SPRINGS REGULATING SIGNS ALONG S,R, 434 AT 6;30 P,M, ON. JUNE 12. 2000 AT THE WINTER SPRINGS CITY HALL, l ~~tsj:: 'wV{~ ~ ~b~~~:.l;~~~~~i<}~~~ THE CITY OF WINTER SPRINGS PROPOSES TO AMENO SECTION 20,4667 ANO SECTION 20,454 OF CITY CODE THAT DEALS WITH SIGNS ALONG SA. 431, . A PUBLIC HEARIN'> 'ON. THE SECOND READING OF PRO. POSED ORDINANCE 750 WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS IN CITY HALL AT' 1126 EAST STATE ROAD' 434, WINTER SPRINGS. FLORIDA. INTER, ESTED ,PERSONS MAY AT, TEND AND BE HEARD. ADDITIONAL INFORMA nON PERTAINING TO THE ABOVE MAY BE OBTAINED FROM JI, MEnE COOK, AT THE COM, MUNITY DEVELOPMENT DE, PARTMENT,CODE ENFORCEMENT DIVISIOtt AT CITY HALLO, 1126 EAST SlATE ROAD 434, WINTER SPRINGS, FLORIDA FOR MORE INFOR, MATION CALL 327.1600 #324, PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN' ANY OF THESE ' PROCEEDINGS SHOULO CONTACT THE. EM. PLOYEE RELATIONS DEPART. MENT. COORDINATOR. 48 ,HOURS IN ADVANCE OF THE, MEETI,N.~"N, (4,O?r,327~ !~?~, .~2~6:,,'i<::'~':)',\;' .,:.,' ..'<~., ~".::'~1;',:t.: THIli'is A PUBLIC HEARING IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDA, TION MADE BY THE CITY COM, 'MISSION WITH RESPECT TO ANY MAnER CONSIDERED AT THIS MEETING , YOU WILL NEED A RECORD OF THE PROCEEDINGS .AND FOR SUC&P.UI}POSES,~,'(O\,J,.M~ YJ '.NEED:',TO,' ENSURE~.THAT,. A eVERBATlIol '~RECORD '. OF'THE; :PROCEEDINGS IS,MAQE UP,ON: WHICH..THE'.APPEAL'IS.TO BE BASED: ' . " . CSE3335953 ,MAY 31,2000 ..;