HomeMy WebLinkAbout2000 06 12 Public Hearings C Second Reading - Ordinance 2000-17 Nonconforming Signs
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COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing X
Regular
June 12_ 2000
Meeting
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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
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