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HomeMy WebLinkAbout2000 07 10 Public Hearings A First Reading - Ordinance 2000-20 Removal and Destruction of Signs COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular July 10. 2000 Meeting Mgr. / Authorizatio REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission consider the frrst reading of Ordinance 2000-20 dealing with the removal and destruction of signs on rights-of-ways. PURPOSE: The purpose of this agenda item is to request the City Commission considers the first reading of Ordinance 2000-20 dealing with the removal and destruction of signs on rights-of-ways. APPLICABLE LAW AND PUBLIC POLICY: Under current regulations, signs that are placed on or in the rights-of-way shall be removed. Consideration is not given as to how long these signs must be stored. Ordinance 2000-20 would allow for immediate destruction of these signs. STAFF RECOMMENDATION: Staff recommends the City Commission hold a first reading of Ordinance 2000-20 and schedule a second reading to adopt. ATTACHMENTS: A. Section 16-51, City Code B. Ordinance 2000-20 COMMISSION ACTION: \ ATTACHMENT A SIGNS AND ADVERTISING S 16-77 (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- istin~ re~ulations. (b) Signs placed on public right-of-way without uthorization shall be subject to immediate re- moval by the department of public works of the citv. .Code 1974, ~. 5-ii4) 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) I ( 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 (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. ST ANDARDS* 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 ~igns. 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 displaylbillboards-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. <tV" 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 ATTACHMENT B ORDINANCE NO. 2000-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 16-56 DEALING WITH UNAUTHORIZED SIGNS PLACED IN OR ON PUBLIC RIGHTS-OF-WAY; PROVIDING FOR THE REPEAL 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 the City of Winter Springs has determined that signs placed on or in the public rights-of-ways within the City are to be prohibited, and WHEREAS, the City of Winter Springs routinely removes said prohibited signs from its rights-of-ways, and WHEREAS, unauthorized signs placed on or in the public rights-of-ways within the city interfere with the public use of rights of way and constitute a public nuisance which pose a threat to the public health, safety, and welfare, and WHEREAS, upon removal of unauthorized signs, the storage of these prohibited signs is not practical and such signs should be subject to disposal by the city. NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Winter Springs Code Section 16-56 is 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 16-56. It is intended that the text in Section 16-56 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Section 16-56 Nonconforming Signs ********************************************** (b) Signs placed on public rights-of-way without authorization shall be subject to immediate removal and disposal by the departmeBt of poolic works ofJhe city. 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. City of Winter Springs Ordinance No. 2000-20 Page 1 on 2 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,1999. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: City of Winter Springs Ordinance No. 2000.20 Page 2 of3 3 Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2000-20 Page 3 of3