HomeMy WebLinkAbout2001 02 26 Public Hearings A Second Reading - Oridinance 2001-09 Trailer and Revolving Signs
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
February 26. 2001
Meeting
f~J!rll'f'~
Ally.! Mgr.! ~
Authorization
REQUEST:
The COImnunity Development Department-Code Enforcement Division requests
the City COlmnission holds a second reading of Ordinance 2001-09 amending the
code dealing with trailer and revolving signs.
PURPOSE:
The purpose of this agenda item is to request the City Commission holds a second reading of
Ordinance 2001-09 prohibiting trailer and revolving 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 and revolving signs to all areas of the city,
At the February 12, 2001 City Commission meeting, Ordinance 2001-09 was approved and
scheduled for second reading on February 26,2001.
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a second reading of Ordinance 2001-09 for
adoption.
FEBRUARY 26,2001
PUBLIC HEARING AGENDA ITEM A
Page 2
ATTACHMENTS:
A. Section 16-57 and Section 16-79, City Code
B. Ordinance 2001-09
C. Legal Advertisement
COMMISSION ACTION:
ATTACHMENT A
9 16-83
WINTER SPRINGS CODE
Sec. 16-83. Garage sale signs.
Garage sale signs are permitted on the sale
premises. Such signs shall also be permitted on
off-premise private property provided that the
private property owner has consented. All garage
sale signs shall 'only be permitted on the day of
the sale and must be removed at the end of the
sale. All garage sale signs shall be limited to six
(6) square feet.
(Code 1974, S 5-113(h); Ord. No. 755, ~ 1, 12-6-99)
Sec. 16-84. Dire,etional signs.
Directional signs are of a permanent nature
and may be permitted without expiration date. If
such sign is to be located within a city right-of-
way, the size and location of the sign must first be
approved by the city commission and must meet
the sign standards established by the state de-
partment of transportation. If such sign is to be
located on private property in a planned unit
development, the architectural review board or in
the absence of such board, the developer, shall
determine its size and location.
(Code 1974, 95-1l3(i))
Sec. 16-85. Bemlh signs.
A franchise agx-eement between the city and
the applicant shall be required before bench signs
are permitted to be installed. Bench signs are
permitted subject to the terms and conditions of
such franchise agreement.
(Code 1974, S 5-113(j))
Sec. 16-86. Identification signs.
(a) Identification signs may be located on pri-
va~e property in any district, provided the use or
actiVity is permitted or approved in such a dis-
trict,
(b) Such signs shall be located on private prop-
erty only and not less than twenty-five (25) feet
from any intersection. Each sign shall not exceed
fourteen (14) feet in height nor exceed thirty-two
(32) square feet in copy area.
(c) Sign lights shall be focused, directed and
arranged to prevent glare or direct illumination
so as not to creat.e a traffic hazard on abutting
property or adjacent streets or roads.
(d) 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 review.
(Code 1974, * 5-113(k))
Sec. 16-87. Banners.
Banner signs shall require a permit, which
shall be valid for fourteen (14) days.
(Code 1974, ~ 5-113(1))
Sec. 16-88. Weather.
All nonpermanent signs shall be moved to a
secure location upon a warning of high winds or
hurricane by the National Weather Service.
(Code 1974, S 5-116)
1050
[The next page is 11 0 11
(
(
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
fe(~t.
(Code 1974, S 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~
te:red, 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 197'4, S 5-114)
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 illumi-
nated 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, S 5-115)
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 ci ty commission
pursuant to section 9-348 of the City Code.
(c) Decisions made by the staff review may be
appealed pursuant to section 20-355 of the City
Code.
(Code 1974, S 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,
eh.6.
1047
SIGNS AND ADVERTISING
(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 ofthe 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, whf!n in use, shall in
some manner be securely fastened 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.
(1) 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) Eaeh 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 commer-
S 16-82
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
ATTACHMENT B
ORDINANCE NO. 2001-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF \VINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 16-57 AND SECTION 16-79 DEALING WITH
TRAILER AND REVOLVING SIGNS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROYIDING 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 and other
types 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
WHJEREAS, 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
WHJEREAS, 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
WHJB:.REAS, the City Commission also finds that trailer and revolving signs have an adverse
impact on the aesthetics of the community of Winter Springs; and
WHEREAS, the City Commission further finds that revolving signs are a distraction to
motorists because they unduly divert the driver's attention from the road and traffic for periods of
time greater than stationary signs; and '
WHEREAS, the aforesaid constitutes a rational basis and substantial government interest
upon which this Ordinance may properly prohibit trailer and revolving 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,
City of Winter Springs Ordinance No, 2001-09
Page I of 4
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:
Snipe signs;
Freestanding signs;
Obscene signs;
Hazardous signs;
Flashing, running or revolving illuminated 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;
Balloon displays;
Spot or search lights;
Trailer signs.
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
[lQl
Section 2. Winter Springs Code Section 16-79 is hereby amended as follows: (underlined type
indicates additions and strike through type indicates deletions).
Seetion 1 b 79 Trailer signs.
(a) ^ trailer sign shall be oonsidered a temporary sign, and as suoh the copy area of a
trailor sign shall not be oonsidered as part of the maximum allowable copy area for
and outdoor advertising displaylbillboard on promises sign.
fbj- fJ1Y person engaged in the renting, leasing, owning or otherwise providing for hire
of any trailer sign shall be properly licensed as required by law.
fe)- Prior to the display of any trailer sign upon any premises, a permit for eaoh sign from
the building departmont is required. ^ permit shall be valid for no longer than a
period of thirty (30) days. A permit car.not be rene'.ved, nor can a permit be obtained
for the same business within a period of ninety (90) days.
(4)-- Trailer Gigns must be plaoed entirely on private property and may be plaoed
immediately adjaoent to the property line provided no traffic hazard is theroby
created as determined by the building offioial, and provided such sign is placed not
lesG than ten (10) feet from the edge of the paved surface of any road.
W- No trailer sign may be placed in a parking space which is required to meet the
minimum parking requirements f-or that development.
fft- Trailer signs shall bo permitted in commeroial and induGtrial distriots only.
fg)- No more than one (1) trailer sign per business looation shall be permitted. Trailer
signs on the same sido of the road shall be placed not less than t',vo hundred (200)
feet apart. No more than three (3) trailer signs for eYe!)' one thousand (1,000) feet
City of Winter Springs Ordinance No, 2001-09
Page 2 of 4
',j.
-,
on the same side of the road shall be permitted.
(ht- The exterior measurements of any trailer sign, eJeeluGive of the tranGportation
meohaniGm, shall not exoeed six (6) feet in height or ten (10) feet in length, and Ghall
not emoeed sixty (60) square feet in area per face. No trailer sign shall be located in
suoh a manner aG to obstruot another sign.
fit- All bulbs in or attached to any trailer sign shall be appro':ed 'Neatherproof rated
outdoor lamps. Spot type bulbs and flashing, running, or revolving illumination are
prohibited.
ffi- Eaoh trailer sign shall have permanently affixed and prominently diGplayed the nam'e,
business address and/or telephone number of the o'.vner of the sign.
f*j- Each trailer sign, when in UGe, shall in some manner be Gecurely fastened to a
permanent structure or to the groood and shall have its '.vheels locked so that only the
person renting, leasing, o'Nning or pro':iding the sign shall have the capability of
unlocking the wheels,
EB-- .^. permit fDr a trailer sign shall be valid only for the sign location designated on the
permit. If a trailer is moved from the looation designated on its permit, the permit
shall beoome void, and no refund of the f13e shall be due.
fmj- Each trailer sign shall comply '.'lith the requirements of the building and electrical
eedes of the city.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances .md 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.
City of Winter Springs Ordinance No, 2001-09
Page 3 of 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a reg~lar,
meeting assembled on the 26th day of February ,2001.'.. ..'. /,/
. ) . I ,1/
, . "
J
, .
ATTEST:
cj " (~\
. \ ).r-- ~ ' ,----
drea LOJ~-uaCes, City Clerk
/ '
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
::z:J TY OF WINTER SPRINGS ONLY:
Anthony A.. Garganese, City
First Reading: February 12, 2001
Second Reading: February 26, 2001
Effective Date: February 26, 2001
City of Winter Springs Ordinance No. 2001-09
Page 4 of 4
. \
- J) L+
ATTACHMENT C
NOTICE OF PROPOSED CHANGES TO SECTION 16
WINTER SPRINGS CODE OF ORDINANCES
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
WILL HOLD A PUBLIC HEARING FOR THE SECOND READING ON PROPOSED ORDINANCE
2001-09 TO CONSIDER AMENDMENTS TO SECTION 16 OF THE CITY CODE RELATING TO
SIGNS.
A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD ON FEBRUARY 26, 220 I
AT 6:30 P.M. AT THE WTNTER SPRINGS CITY HALL.
ORDINANCE 2001-09
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF
WINTER SPRINGS CODE OF ORDINANCES, SECTION 1(...57 AND SECTION 16-79DEALlNG
WITH TRAILER AND REVOLVING SIGNS; PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION
INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
A PUBLIC HEARING ON THE SECOND READING OF PROPOSED ORDINANCE 2001-09 WILL
TAKE PLACE AT THE CITY COMMISSION CHAMBERS IN CITY HALL AT 1126 EAST STATE
ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAYA ITEND AND BE
HEARD,
ADDITIONAL INFORMATION PERT AINTNG TO THE ABOVE MAYBE OBTAINED FROM THE
OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST ST ATE ROAD 434, WINTER SPRINGS,
FLOR[DA. FOR MORE INFORMATION CALL 327-1800,EXT. # 227.
PERSONS WITH DISABILITES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE
PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT
COORDINATOR 48 HOURS TN ADVANCE OF THE MEETING AT (407) 327-1800.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR
RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA ITER
CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND,
FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED.
ANDREA LORENZO-LUANCES
CITY CLERK