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HomeMy WebLinkAbout2001 02 12 Public Hearings A First Reading - Ordinance 2001-09 Amending Code Dealing with Trailer Signs COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular February 12p 2001 Meeting pt/ Atty./ Mgr./ Dept./ Authorization REQUEST: The COlrunlmity Development Department-Code Enforcement Division requests the City COlrunission holds a first reading of Ordinance 2001-09 amending the code dealing with trailer signs. PURPOSE: The purpose of this agenda item is to request the City Commission holds a first reading of Ordinance 2001-09 prohibiting trailer signs, APPLICABLE LAW AND PUBLIC POLICY: Under current regulations, trailer signs are prohibited along the S,R. 434 corridor. Trailer signs are allowed with restrictions in other areas of the city, CONSIDERA TIONS: At the January 22,2001 City Commission meeting, the Commission expressed a desire to be consistent throughout the city and directed Staff to prepare an amendment to the City Code extending the prohibition of trailer signs to all areas of the city. STAFF RECOMMENDATION: Staff recommends the City Commission hold a first reading of Ordinance 2001-09 and schedule a second reading to adopt. FEBRUARY 12,2001 PUBLIC HEARING AGENDA ITEM A Page 2 ATTACHMENTS: A. Section 16-57 and Section 16-79, City Code B. Ordinance 2001-09 COMMISSION ACTION: ATTACHMENT A SIGNS AND ADVERTISING S 16-76 rary, emergency, or nonadvertising signs as may be approved by the city commis- sion. (5) One (1) "For Sale" or "For Rent" sign per parcel of property when such sign has an area per face of not more than six (6) square feet. (6) Identification signs at the entrance drive of residences, estates, and ranches, which do not exceed two (2) square feet. (7) Nonadvertising directional signs or sym- bols ("Entrance," "Exit," "Slow," "Cau- tion," "No Trespassing," etc.) located on and pertaining to a parcel of private prop- erty, each not to exceed four (4) square feet. (Code 1974, ~ 5-120) ".-. Sec. 16-56. Nonconforming signs. (a) Any sign which, when erected, conformed to the existing zoning regulations and subse- quently is declared nonconforming due to the enactment of this division or any amendment to the zoning ordinance may remain, subject to the following provisions: (1) No sign may be moved, structurally al- tered, or repaired in a manner that would require replacement of more than fifty (50) percent of anyone (1) sign's support- ing members, without complying with all provisions of this article. (2) Within two (2) years of the effective date of this division, all nonconforming out- door advertising signs and their support- ing members shall be removed. (3) Any nonconforming identification sign may be allowed to continue, provided the busi- ness or use it advertises remains in oper- ation. When the business or use is discon- tinued, the sign must be removed, and any replacement sign must conform to all existing regulations. (b) Signs placed on public right-of-way without authorization shall be subject to immediate re- moval by the department of public works of the city. (Code 1974, g 5-114) Sec. 16-57. Prohibited signs. The following signs are hereby prohibited: Snipe signs; Freestanding signs; Obscene signs; Hazardous signs; (1) (2) (3) (4) (5) Flashing, running or revolving illumi- nated signs; Bus stop shelter signs; 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) (6) (7) 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 tbe City Code. (c) Decisions made by the staff review may be appealed pursuant to section 20-355 of tbe City Code. (Code 1974, g 5-117) Sees. 16-59-16-75. Reserved. DIVISION 2. STANDARDS* 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 signs. 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- .Cross reference-Buildings and building regulations, Ch.6. 1047 ~ 16-76 WINTER SPRINGS CODE ment, and shall display an official city sticker showing the date of expiration. No sign shall obstruct the sight of any roadway or driveway intersection 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) Such 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 ofthree hundred twenty (320) square feet. "V" signs are permitted, provided they are con- structed with an inner angle not to exceed thirty (30) degrees. (e) Such signs shall not be erected or main- tained within five hundred (500) feet of a church, school, cemetery, public recreation area, state or national forest, railroad intersection, or any resi- dentially zoned property, measured along a com- mon right-of-way. (f) Such signs shall be reviewed by the site plan review board and shall be permitted in industrial and commercial zoning classifications only. (g) Such signs require a permit, valid for a maximum of two (2) years, which may be re- newed. (Code 1974, ~ 5-113(b)) ( Sec. 16-78. Same-On-premises signs. (a) Any outdoor advertising displaylbillboard on-premises sign attached to a building shall have a total allowable copy area, including iden- tification and advertising, of one (1) square foot for each lineal foot of store frontage. (b) Such signs not attached to a building shall be placed not less than twenty-five (25) feet from any intersection, with a maximum copy area of thirty-two (32) square feet on each side. Double- sided or "V" signs are permissible provided they are constructed with an inner angle not to exceed thirty (30) degrees. (c) Signs not attached to a building, proposed as part of a development plan, shall be reviewed by the site plan review board, or staff review, as appropriate, during initial site plan review. (Code 1974, 9 5-113(c)) Sec. 16-79. Trailer signs. (a) A trailer sign shall be considered a tempo- rary sign, and as such the copy area of a trailer sign shall not be considered as part of the maxi- mum allowable copy area for an outdoor advertis- ing displaylbillboard on-premises sign. (b) Any person engaged in the renting, leasing, owning or otherwise providing for hire of any trailer sign shall be properly licensed as required by law. (c) Prior to the display of any trailer sign upon any premises, a permit for each sign from the building department is required. A permit shall be valid for no longer than a period of thirty (30) days. A permit cannot be renewed, nor can a permit be obtained for the same business within a period of ninety (90) days. (d) Trailer signs must be placed entirely on private property and may be placed immediately adjacent to the property line provided no traffic hazard is thereby created as determined by the building official, and provided such sign is placed not less than ten (10) feet from the edge of the paved surface of any road. (e) No trailer sign may be placed in a parking space which is required to meet the minimum parking requirements for that development. ( . I (, 1048 SIGNS AND ADVERTISING 9 16-82 (f) Trailer signs shall be permitted in commer- cial and industrial districts only. (g) No more than one (1) trailer sign per busi- ness location shall be permitted. Trailer signs on the same side of the road shall be placed not less than two hundred (200) feet apart. No more than three (3) trailer signs for every one thousand (1,000) feet on the same side of the road shall be permitted. (h) The exterior measurements of any trailer sign, exclusive of the transportation mechanism, shall not exceed six (6) feet in height or ten (10) feet in length, and shall not exceed sixty (60) square feet in area per face. No trailer sign shall be located in such a manner as to obstruct an- other sign. (i) All bulbs in or attached to any trailer sign shall be approved weatherproof rated outdoor lamps. Spot-type bulbs and flashing, running, or revolving illumination are prohibited. (j) Each trailer sign shall have permanently affixed and prominently displayed the name, busi- ness address and/or telephone number of the owner of the sign. (k) Each trailer sign, w~n in use, shall in some manner be securely fasteu~d to a perma- nent structure or to the ground and shall have its wheels locked so that only the person renting, leasing, owning, or providing the sign shall have the capability of unlocking the wheels. (I) A permit for a trailer sign shall be valid only for the sign location designated on the permit. If a ,trailer is moved from the location designated on its permit, the permit shall become void, and no refund of the fee shall be due. (m) Each trailer sign shall comply with the requirements of the building and electrical codes of the city. (Code 1974, S 5-113(d)) Sec. 16-80. Political signs. Political signs may be erected as individual candidates qualify. Signs may remain erected until forty-eight (48) hours after the last election in which the candidate is entered. Each sign shall not exceed thirty-two (32) square feet in commet- ciallindustrial zones, and sixteen (16) square feet in residential zones, except on developed residen- tiallots each sign shall not exceed six (6) square feet in area. (Code 1974, S 5-113(e)) Sec. 16-81. Construction signs. Signs denoting owner, financial institution or contractors may be erected on a lot or parcel of land under construction. Signs may remain as long as an active building permit is maintained. Collectively, the signs shall not exceed sixty-four (64,) square feet per site. (Code 1974, S 5-113(f)) Sec. 16-82. Real estate signs. (a) In residential districts, on tracts of five (5) acres or less, one (1) sign, not to exceed six (6) square feet in area shall be permitted. On tracts larger than five (5) acres, each sign shall not exceed thirty-two (32) square feet, and more than one (1) may be permitted provided additional locations are approved by the building official and are not less than two hundred (200) feet from the nearest residence. No sign shall be erected within a public right-of-way. (b) In residential districts in a subdivision on property which is being developed or offered for sale, one (1) combination real estate and identifi- cation sign not to exceed one hundred (100) square feet in area, may be permitted until such time as the subdivision is completed, but not to exceed two (2) years. (c) In residential districts, signs exceeding six (6) square feet in area shall be placed a minimum of one hundred (100) feet from any residence. Signs exceeding thirty-two (32) square feet in area shall be placed a minimum distance of two hundred (200) feet from any residence. (d) In commercial, agricultural and industrial districts, the copy area of real estate signs shall not exceed one hundred (100) square feet. More than one (1) sign may be erected provided it does not violate other regulations of the Code. (Code 1974, ~ 5-113(g)) 1049 ORDINANCE NO. 2001-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 16-57 AND SECTION 16-79 DEALING WITH TRAILER SIGNS; PROVIDINGWOR 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 of Winter Springs has a legitimate interest in traffic safety and community aesthetics; and WHEREAS, under its police powers, the City may regulate the use of portable signs; and WHEREAS, a trailer sign is generally a mobile temporary sign which is mounted on a trailer- type frame with wheels or skids and not permanently attached to the ground; and WHEREAS, trailer signs are typically used to announce special events, advertise the opening or closing of businesses, and other temporary messages; and WHEREAS, the City Commission finds that there are other reasonable and adequate alternative avenues by which special events, business openings and closures, and other temporary messages may be advertised; and WHEREAS, the City Commission also finds that trailer signs can pose a problem because they can be moved to unauthorized locations that pose traffic hazards more than other types of signs; and WHEREAS, the City Commission also finds that trailer signs have an adverse impact on the aesthetics of the community of Winter Springs; and WHEREAS, the aforesaid constitutes a rational basis and substantial government interest upon which this Ordinance may properly prohibit trailer signs; and WHEREAS, this Ordinance also directly furthers the government interests stated herein, and reaches no further than necessary to accomplish those interests; and WHEREAS, the City Commission of Winter Springs hereby deems this Ordinance to be in the best interest of the public health, safety and welfare of the citizens of Winter Springs, NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Winter Springs Code Section 16-57 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions), Section 16-57 Prohibited signs The following signs are prohibited: (1) Snipe signs; (2) Freestanding signs; (3) Obscene signs; (4) Hazardous signs; (5) Flashing, running or revolving illuminated signs; City of Winter Springs Ordinance No. 2001-09 Pagc 1 of4 2 (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; (10) Trailer signs, Section 2. Winter Springs Code Section 16-79 is hereby amended as follows: (underlined type indicates additions and strike through type indicates deletions). Section H. 79 Trailer signs. (a) ,^.. trailer sign shall be considered a temporary sign, and as such the copy area of a trailer sign shall not be considered as part of the maximum allov/able copy area for and outdoor ad'lertising displaylbillboard on premises sign. (b) L\ny person engaged in the renting, leasing, owning or otherwise providing for hire of any trailer sign shall be properly licensed as required by law, ( c) Prior to the display of any trailer sign upon any premises, a pennit for each sign from the building department is required. ^ permit shall be valid for no longer than a period of thirty (30) days. ^ permit cannot be renewed, nor can a permit be obtained for the same business 'vVithin a period of ninety (90) days, (d) Trailer signs must be plaoed entirely on pri'late property and may be placed immediately adjacent to the property line provided no traffic hazard is thereby created as determined by the building official, and provided such sign is placed not less than ten (10) feet from the edge of the paved-surface of any road. ( e) No trailer sign may be placed in a parking spaoe which is required to meet the minimum parking requiremcnts for that development. (f) Trailer signs shall be permitted in oommcrcial and industrial districts only. (g) No more than onc (1) trailcr sign per business location shall be permitted. Trailer signs on the same side of the road shall be placed not less than two hundred (200) feet apart. No more than three (3) trailer signs for every one thousand (1,000) feet on the same side of the road shall be permitted:- (h) The exterior measurements of any trailer sign, exclusive of the transportation mechanism, shall not exceed six (6) feet in height or ten (10) feet in lenf,rth, and shall not exoeed sixty (60) square feet in area per face. No trailer sign shall be located in such a manncr as to obstruot another sig&.- (i) All bulbs in or attaohcd to any trailcr sign shall be approved \veatherproof rated outdoor lamps, Spot typc bulbs and flashing, running, or revolving illumination are prohibited. G) Each trailer sign shall have pennanently affixed and prominently displayed the name, business address and/or telephone number of the owner of the sign, (k) Each trailer sign, when in use, shall in some manner be securely fastened to a permanent structure or to the ground and-shall have its wheels locked so that only the City of Winter Springs Ordinance No, 2001-09 Pagc 2 of 4 3 person renting, leasing, o'.vning or providing the sign shall have the capability of unlocking the wheels. (I) A permit for a trailer sign shall be valid only for the sign location designated on the permit. If a trailer is moved from the location designated on its permit, the permit shall become void, and no refund of the fee shall be due. (m) Each trailer sign shall comply with the requirements of the building and electrical eedes of the city. Section 3. 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 4. 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 5. 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 6, 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 ,2001. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Ordinance No, 2001-09 Page 3 of 4 4 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONL Y: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No, 2001-09 Page 401'4