HomeMy WebLinkAbout2002 09 23 Regular N Neon Signage
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COMMISSION AGENDA
ITEM N
Consent
Information
Public Hearin
Re ular X
;)3
Septembe~2002
::
Meeting
MGR. /Dept. ;/f/
.f
REQUEST:
The Community Development Department requests that the City Commission clarify the intent
of the SR 434 New Development Overlay Zoning District and Greene W ay Interchange Zoning
District regarding neon signage.
PURPOSE:
The purpose of this agenda item is for the City Commission clarify whether or not the SR 434
. New Development Overlay Zoning District and the GreeneWay Interchange Zoning District were
intended to allow or prohibit neon signs. If the intent were to allow neon, further clarification is
needed as to whether it is allowed on monument, wall, and/or window signs.
CONSIDERATIONS:
The provisions of the "prohibited sign" subsections of both the SR 434 New Development
Overlay Zoning District and the Greene W ay Interchange Zoning District contain ambiguous
language regarding neon signs (subsections 20 - 470 (14) and 20 - 337 (13), respectively):
"Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin,
gyrate, turn or move in any animated fashion. Signs shall not incorporate reflective
materials so as to create the appearance of motion or neon."
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I
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September 9, 2002
Regular Item N
Page 2
The SR 434 Redevelopment Overlay Zoning District "prohibited sign" Subsection 20 - 486 (14)
contains a clearer variation:
"Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin,
gyrate, turn or move in any animated fashion. Signs shall not incorporate neon or
reflective materials so as to create the appearance of motion."
This mayor may not be the result of a scrivener's error. Therefore, staff requests that the City
Commission clarify their intent regarding neon signs in the 2 districts (i.e. New Development and
GreeneWay).
APPLICABLE LAW AND PUBLIC POLICY:
Section 20 - 328. Purpose [GreeneWay Interchange Zoning District).
Subsection 20 - 331 (13). Prohibited Signs [GreeneWay Interchange Zoning District].
Section 20 - 461. Intent [SR 434 New Development Overlay Zoning District].
Subsection 20 - 470 (14). Prohibited signs [SR 434 New Development Overlay Zoning District].
/ Subsection 20 - 486 (14). Prohibited signs [SR 434 Redevelopment Overlay Zoning District].
RECOMMENDATION:
Staff recommends that the City Commission clarify its intent regarding the use of neon signs in
the SR 434 New Development Zoning District and in the GreeneWay Interchange Zoning
District.
ATTACHMENTS:
Attachment A - Applicable GreeneWay Regulations
Attachment B - Applicable SR 434 New Development Regulations
Attachment C - Applicable SR 434 Redevelopment Regulations
COMMISSION ACTION:
2
ATTACHMENT A
~ 20-328
WINTER SPRINGS CODE
DMSION 13. GREENEWAY INTERCHANGE
ZONING DISTRICT
Sec. 20-328. Purpose.
The GreeneWay Interchange District is de-
signed as a mixed-use category which combines a
strategy to attract higher density residential and
commercial enterprises oriented toward a major
transportation nexus of an expressway and arte-
rial road and minimize urban sprawl. This dis-
trict is specifically designed to:
(1) Provide high density residential develop-
ment in close proximity to economic cen-
ters for employees.
(2) Discourage urban sprawl by clustering
economic development activities along
growth corridors.
(3) Promote business development in close
proximity to the regional road network
providing high visibility and convenient
access.
(4) Ensure sufficient availability of land to
realize the economic development needs
of the city.
(5) Provide for choice and diversity in.living
arrangements and work environments.
(Ord. No. 725, 8-23-99)
Sec. 20-329. General uses and intensities.
(a) The GreeneWay Interchange Development
District is designed to provide a variety of iand
uses, development intensities, and target indus-
try development. The uses are:
(1) Planned commercial developments, corpo-
rate business parks, office complexes, com-
mercial, service and hotel uses.
(2) Planned medium to high-density residen-
tial developments.
(3) Planned mixed-use developments.
(b) Development intensities: The city shall ap-
ply the following development intensities. The
criteria for establishing appropriate intensities
include, but are not limited to, compatibility with
surrounding existing and planned uses, adequacy
of existing and programmed city services and
Stipp. No.1
facilities, economic development objectives, and
consistency with the city's comprehensive plan
and site characteristics.
Residential uses:
Medium density: 5-10 dwelling units per net
acre
High density: 11-20 Dwelling Units per net
acre
Non-residential uses:
1.0 Floor Area Ratio (FAR)
(c) Land use mix: The GreeneWay Interchange
District shall be developed to accommodate an
overall mix of land uses as described below:
Land Uses
Maximum
Minimum
Residential
Non-Residential
0%
75%
25%
100%
(d) Open space/recreation: A minimum oftwen-
ty-five (25) percent of the overall site must be
designated as recreation and common open space.
Individual land uses may have more or less than
twenty-five (25) percent of its area devoted to
common open space.
Recreation areas are not required within non-
residential areas. In non-residential areas, land-
scaped pedestrian connections between buildings,
parking and adjacent development is required.
(Ord. No. 725, 8-23-99)
Sec. 20-330. Permitted uses, conditional
uses, accessory uses and struc-
tures, prohibited. uses.
(a) Medium density residential:
Single-family attached/detached
Patio homes
Duplex
Multi-family
(b) High density residential:
(c) Office:.
Variety of office uses from single-tenant profes-
sional offices to corporate office parks.
(d) Commercial:
Alterations and tailoring
1342.36
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~ 20-337
WINTER SPRINGS CODE
(10)
Construction signs: One (1) construction
sign, denoting the owner, architect, land-
scape architect, engineer, financial insti-
tution, contractors, or containing any state-
ment pertaining to the project for which a
building permit has been obtained, will be
permitted during construction. The con-
struction sign shall not exceed sixty-four
(64) square feet in area and shall not
exceed fourteen (14) feet in height or
sixteen (16) in width. The construction
sign shall be removed from the site by the
owner upon substantial completion of all
construction, or upon the issuance of a
final certificate of occupancy, whichever is
sooner. If the sign is not removed when
required, it may be removed by the city at
the owner's expense.
(11) Marketing signs (e.g. "space for rent" sign):
a. Only one (1) marketing sign shall be
permitted on each parcel during the
building's "leasing period". At the
end of the leasing period, marketing
signage shall be removed from the
site by the owner of the site.
b. All marketing signs shall be submit-
ted to the city for approval and loca-
tion prior to the sign's installation.
c. Marketing signs shall be set back a
minimum of twenty-five (25) feet from
the front, side and rear property
lines. They shall not create a visibil-
ity obstruction to vehicular traffic.
d. For parcels in excess of five (5) acres
or with frontage on more than one
(1) road, one (1) additional market-
ing sign may be permitted. Signs
must be a minimum of two hundred
(200) feet apart.
e. Marketing signs may be double-
faced. Sign faces shall be parallel
and mounted on the same poles. The
copy area shall not exceed sixty-four
(64) square feet and no more than
ten (10) feet in height. The total of a
single sign face shall not exceed thir-
ty-two (32) square feet.
Supp. No.1
1342.48
(12)
Marketing sign age may be incorpo-
rated. within the construction signage,
but the signage shall not exceed sixty-
four (64) square feet in area.
g. Marketing signs may be lighted' so
as to illuminate the lettering on the
sign.
Political signs: Political signs only by per-
mit.
f.
(13)
c~
Prohibited signs: The following signs and/or
devices are prohibited in the corridor.
a. Any sign or part of a sign which is . . . . . . . . . . . . . . . . . . .
designed, devised, or constructed so : . : . : . : . : . : . : . : . : . :
as to rotate, spm, gyrate, turn or: ~:: :: : : :: : : :
move in any animated fashion. Signs. .., . . :.
shall not incorporate reflective ma- :':':'. :.:.:.:.:.:
terials so as to create the appear- .:-:-:-:-:-:-:-:-:-
ance of motion or neon. . . . . . . . . . . . . . . . . . . .
b. Any sign painted directly on any
exterior wall.
c. Signs projecting more than SIX (6)
inches in depth.
d. Roof signs.
e. Bench signs.
f. Snipe signs (e.g. SIgnS attached to
trees and poles).
g. Freestanding signs unless otherwise
provided for herein.
h. Trailer signs.
i. Signs attached to temporary struc-
tures.
J. Billboards.
k. Any vehicle with a SIgn or SIgnS
attached thereto or placed thereon
with three exceptions as follows: (a)
any vehicle when parked or stored
within the confines of a building, or
(b) any vehicle upon which is placed
a sign identifying a firm or its prin-
cipal product if such vehicle is one
which is operated during the normal
course of business and shall be parked
In the least visible spot from the
road, or (c) a trailer placed on a job
site during construction.
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ATTACHMENT B
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co-location of an additional commu-
nications antenna may be moved
onsite, but shall comply with or max-
imize setback requirements from res-
identially zoned property.
b. After a telecommunication tower is
rebuilt to accommodate co-location,
only one (1) tower shall rem.ain on
the site;
(h) Certification of compliance with Federal
Communications Commission (FCC) NIER Stan-
dards. Prior to receiving final inspection by the
Winter Springs Building Department, documented
certification shall be submitted to the FCC, with
copy to the land development coordinator, certify-
ing that the telecommunications facility complies
with all current FCC regulations for non-ionizing
electromagnetic radiation (NIER).
(i) Abandonment.
(1) In the event the use of any telecommuni-
cations tower has been discontinued for a
period of one-hundred eighty (180) consec-
utive days, the tower shall be deemed to
be abandoned. Determination of the date
of abandonment shall be made by the
building official who shall have the right
to request documentation and/or affida-
vits from the telecommunications tower
owner/operator regarding the issue of tower
usage. The telecommunications tower own-
er/operator shall provide all requested
information within ten (10) working days
of a request being made, and failure to so
provide shall be deemed to constitute one
hundred eighty days (180) days of non-use
of the tower. Upon such abandonment,
the owner/operator of the tower shall have
an additional ninety (90) days within which
to:
(-
a.
Reactivate the use of the tower or
transfer the tower to another owner/
operator who makes actual use of
the tower; or
Dismantle and remove the tower.
With regard to towers that received
special exception approval, ninety
(90) days after dismantling or the
expiration of the two-hundred sev-
b.
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ZONING
~ 20-461
enty (270) day period as set forth in
this section, the special exception
and/or variance for the tower shall
automatically expire.
(2) The City of Winter Springs, upon aban-
donment, and at its discretion, may as-
sume ownership of the tower at no cost, or
require the owner to dismantle the tower
at the owner's expense. If the decision is
to dismantle the tower, the property shall
be cleared of all appurtenances and re-
turned to its natural state.
(3) An appropriate surety instrument to as-
sure dismantling costs shall be provided
by the owner prior to a tower'construction
permit.
(Ord. No. 645, g 1, 7-14-97; Ord. No. 678, g 1,
10-13-97)
Sees. 20-452-20-460. Reserved.
ARTICLE VI. S.R. 434 CORRIDOR VISION
PLAN*
DIVISION 1. S.R. 434 CORRIDOR OVERLAY
DISTRICT
Sec. 20-461. Intent.
The purpose and intent of this specialized
overlay zoning district is to encourage and pro-
vide for enhanced property development within
the S.R. 434 commercial corridor. Some of the
objectives to be attained through the establish-
ment of this district include: enhancement of the
commercial status of the corridor; reduction of
visual distraction through uniform sign criteria;
enhancement of physical appearance through in-
creased landscaping of public and private prop-
erty; provision of architectural design guidelines
.Editor's note-Ord. No. 675, adopted Dec. 8, 1997,
amended the Code by adding provisions designated as Art. VI,
Divs. 1, 2, ~~ 20-445-20-459. In order to reserve sections for
future use, the editor has redesignated the provisions of Ord.
No. 675 as herein set out.
1377
S 20-461
WINTER SPRINGS CODE
to create a unifying theme over time; protection of
adjacent residential land uses; and maintenance
of property values.
(Ord. No. 675, 12-8-97)
Sec. 20-462. Creation.
In addition to, and supplemental to, other
zoning and land development regulation require-
ments heretofore and hereafter, the S.H. 434
Corridor Overlay District includes additional reg-
ulations to promote the orderly development and
redevelopment of the corridor, which shall be
applied through imposition and mapping of an
overlay district. The regulations are in addition to
and not in substitution of the underlying zoning
district regulations which shall also remain ap-
plicable to the overlay zone. The overlay district
design standards will govern development within
the corridor and will control where conflicts be-
tween regulations occur.
(Ord. No. 675, 12-8-97)
DMSION 2. GENERAL DESIGN
STANDARDS FOR NEW DEVELOPMENT
AREA
Sec. 20-463. Applicability to new develop-
ment overlay zoning district.
The following design standards shall apply to
the New Development Overlay Zoning District
which includes all properties adjacent to the S.H.
434 right-of-way from Hayes Road eastward to
S.H. 417 (the "Greene Way" with exclusion(s)
indicated in Ordinance No. 675.
(Ord. No. 675, 12-8-97)
Sec. 20-464. Building height.
No building shall exceed fifty five (55) feet in
height. For the purpose of these design standards,
building height shall be measured from ground
level to the highest point of the coping of a flat
roof or the mean height level between eaves and
ridge for gable, hip or gambrel roofs.
(Ord. No. 675, 12-8-97)
Sec. 20-465. Setbacks.
(a) No improvement shall be located on any
property closer to any property line than the
minimum setbacks set forth below:
Buildings Parking
S.H. 434 50 feet 15 feet
Collector 35 feet 15 feet
Street
Internal 15 feet 15 feet
Street
Side 10 feet 5 feet
Rear 10 feet 5 feet
(b) The narrowest dimension of a lot adjoining
a road right-of-way shall determine its front for
the purpose of establishing yard requirements.
(c) On corner lots, the front yard shall be
considered as abutting the street upon which the
lot has its least dimension. The rear lot, in this
case, shall be opposite the front yard.
(d) The following structures are specifically
excluded from the setback restrictions:
(1) Steps and walks:
(2) Landscaping and landscape berms;
(3) Planters three (3) feet in height or less; or
(4) Other improvements as may be permitted
under applicable regulations of the city.
The board of adjustment will consider any request
for the placement of such other improvements
within a setback, only after a design review board
review and recommendation. In determining
whether to recommend city consent, the design
review board may consider, without limiting the
scope of their review, the following: (i) the extent
to which any hardship exists that would justify a
variance from the normal setback requirements;
(ii) the aesthetics of the proposed improvements
and their visibility from common roads and adja-
cent properties; (iii) the consent or objections of
adjacent property owners; and (iv) the nature and
use of the proposed improvements. It is the owner's
burden and responsibility to provide such infor-
mation and documentation as may be requested
by the design review board in order to justify to
the design review board that the intrusion of
1378
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~ 20-470
WINTER SPRINGS CODE
f. Marketing signage may be incorpo-
rated within the construction signage,
but the signage shall not exceed sixty-
four (64) square feet in area.
g. Marketing signs may be lit so as to
illuminate the lettering on the sign.
(12) Political signs: Only by permit.
(13) Electronic date, time and temperature in-
formational signs: Electronic date, time
and temperature informational signs are
permitted. Such signs shall be counted as
part of the total copy area of the overall
SIgn.
(14) Prohibited signs: The following signs and/or
devices are prohibited in the corridor.
a. Any sign or part of a. sign which is
designed, devised, or constructed so
as to rotate, spin, gyrate, turn or
move in any animated fashion. Signs
shall not incorporate reflective ma-
terials so as to create the appear-
ance of motion or neon.
b. Any sign painted directly on any
exterior wall.
c. Signs projecting more than six (6)
inches in depth.
d. Roof signs.
e. Bench signs.
f. Snipe signs (e.g., signs attached to
trees and poles).
g. Freestanding signs unless otherwise
provided for herein.
h. Trailer signs.
1. Signs attached to temporary struc-
tures.
J. Billboards.
k. Any vehicle with a sign or signs
attached thereto or placed thereon
with three (3) exceptions as follows:
(a) any vehicle when parked or stored
within the confines of a building; or
(b) any vehicle upon which is placed
a sign identifying a firm or its prin-
cipal product if such vehicle is one
which is operated during the normal
Supp. No.1
course of bus mess and shall be parked
in the least visible spot from the
road; or (c) a trailer placed on a job
site during construction.
1. Pole signs.
m. Balloon signs.
n. Ribbon signs.
(15) Permanent flags: Only project flags or
governmental flags shall be permitted in
conformance with the following stan-
dards: .
a. One (1) flagpole and one (1) flag may
be permitted per parcels of two (2)
acres or more. '
. . . 0 . 0 .b. . ,The maximum width from top to
: : : : : : : : : : : : : : : : : : : bottom of any flag shall be twenty
0:':': 0":':': 0:': '(20) percent of the total distance of
~: : the flag pole.
0:':':'.':': -c::.: 'Flagpoles shall maintain the same
.' : . : 0: 0: . : . : 0 : . : . : . :setback requirements as project iden-
. . . 0 . 0 0 . . tification signs.
d. Flagpole heights shall be between
twenty (20) and thirty-five (35) feet
in height above grade.
e. A project flag shall only contain in-
formation permitted on the project
identification sign. A project flag shall
be submitted to the design review
board for approval.
(16) Temporary signs for special events.
a. Permits for temporary signs, such as
pennant and banner signs, not oth-
erwise prohibited are allowed for such
purposes as auctions, special events,
notice of opening of new businesses,
and going-out-of-business sales. Per-
mits for temporary signs shall autho-
rize 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 tempo-
rary permit be issued on the same
location, within ninety (90) days from
the date of expiration of any previ-
ously issued temporary permit.
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ATTACHMENT C
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~ 20-486
WINTER SPRINGS CODE
b. The sign face shall be acrylic Pan X
15 or Equal.
c. The letters and track shall be Wagner
Zip-Change or Equal.
(8) Backlit signs: Backlighting of signs, in-
cluding awning signs, shall be permitted.
(9) Window signs: Window signs may be per-
mitted under special circumstances for
retail establishments such as signs inside
and on a window or in a display of mer-
chandise when incorporated with such a
display. The total area of all window signs,
temporary and permanent, shall not ex-
ceed twenty (20) percent of the window
glass area to be calculated separately for
each separate storefront. Window signs
shall count against total allowable copy
area if they are permanently attached.
CIO) Construction signs: One (1) construction
sign, denoting the owner, architect, land-
scape architect, engineer, financial insti-
tution, contractors, or containing any state-
ment pertaining to the project for which.a
bUilding permit has been obtained, will be
permitted dUring construction. The con-
struction sign shall not exceed sixty-four
(64) square feet in area and shall not
exceed fourteen (14) feet in height or
width. The construction sign shall be re-
moved from the site by the owner upon
substantial completion of all construction,
or upon the issuance of a final certificate
of occupancy, whichever is sooner. If the
sign is not removed when required, it may
be removed by the city at the owner's
expense.
(11) Marketing signs (e.g. "space for rent" sign):
a. Only one (1) marketing sign shall be
permitted on each parcel during the
building's "leasing period". At the
end of the leasing period, marketing
signage shall be removed from the
site by the owner of the site.
b. All marketing signs shall be submit-
ted to the city for approval and loca-
tion prior to the sign's installation.
1400
c. Marketing signs shall be set back a
minimum of twenty-five (25) feet from
the front, side and rear property
lines. They shall not create a visibil-
ity obstruction to vehicular traffic.
d. For parcels in excess of five (5) acres
or with frontage on more than one
(1) road, one (1) additional market-
ing sign may be permitted. Signs
must be a minimum of two hundred
(200) feet apart.
e. Marketing signs may be double faced.
Sign faces shall be parallel and
mounted on the same poles. The
total copy area shall not exceed sixty-
four (64) square feet and no more
than ten (10) feet in height. The total
of a single face shall not exceed thirty-
two (32) square feet.
f Marketing signage may be incorpo-
rated within the construction signage,
but the signage shall not exceed sixty (. .
four (64) square fee! in area.
g. Marketing signs may be fit so as' to
illuminate the lettering on the sign.
Political signs: Only by permit.
Electronic date, time and temperature in-
formational signs: Electronic date, time
and temperature informational signs are
permitted. Such signs shall be counted as
part of the total copy area of the overall
sign.
Prohibited signs: The following signs and/or
devices are prohibited in the corridor.
a. Any sign or part of a sign which is. . . _ . . . _ _ _
designed, devised, or constructed so':':':':':':':':':'
as to rotate, spin, gyrate, turn or: -: -: -: -: -: -: -: -: -:
move in any animated fashion. Signs~::,
shall not incorporate neon or reflec-~:.
tive materials so as to create the:-: -: -: -:.:-:-:-:-:
. . . . . . . . .
appearance of motion. . -: -: -: -: -: -: -: .: -:
b. Any sign painted directly on any
exterior wall.
c. Signs projecting more than six (6)
inches in depth.
d. Roof signs.
CI2)
(13)
CI4)
(
Bench signs.
Snipe signs (e.g. SIgnS attached to
trees and poles).
g. Freestanding signs unless otherwise
provided for herein.
h. Trailer signs.
1. Signs attached to temporary struc-
tures.
~
J. Billboards.
k. Any vehicle with a sign or signs
attached thereto or placed thereon
with three exceptions as follows: (a)
any vehicle when parked or stored
within the confines of a building; or
(b) any vehicle upon which is placed
a sign identifying a firm or its prin-
cipal product if such vehicle is one
which is operated during the normal
course of business and shall be parked
in the least visible spot from the
road; or (c) a trailer placed on a job
site during construction.
1. Pole signs.
m. Balloon signs.
n. Ribbon signs.
(15) Permanent flags: Only project flags or
governmental flags shall be permitted in
conformance with the following stan-
dards:
a. One (1) flagpole and one (1) flag may
be permitted per parcel.
b. The maximum width from top to
bottom of any flag shall be twenty
(20) percent of the total distance of
the flag pole.
c. Flagpoles shall maintain the same
setback requirements as project iden-
tification signs.
d. Flagpole heights shall be between
twenty (20) and thirty-five (35) feet
in height above grade.
e. A project flag shall only contain in-
formation permitted on the project
Supp. No. I
ZONING
1401...
~ 20-486
identification sign. A project flag shall
be submitted to the design review
board for approval.
(16) Temporary signs for special events.
a. Permits for temporary signs, such as
pennant and banner signs, not oth-
erwise prohibited are allowed for such
purposes as auctions, special events,
notice of opening of new businesses,
and going out of business sales. Per- .
mits for temporary signs shall autho-
rize 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 tempo-
rary permit be issued on the same
location, within ninety (90) days from
the date of expiration of any previ-
ously issued temporary permit.
b. Signs for specific events shall be
removed within two (2) working days
after cOllclusion of the event. A free-
standing temporary sign shall be no
larger than thirty-two (32) square
feet, and may be double sided. Ban-
ner signs may be sized to extend
across roads.
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(17) Maintenance: All signs and associated ap-
paratus shall be maintained by the owner
of the site. Violations shall be processed
through the city's code enforcement divi-
sion.
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(18) Nonconforming signs.
a. Any sign, other than billboards, which
is nonconforming shall be amortized
and may be maintained until Novem-
ber 14, 2002.
b. At or prior to November 14, 2002, all
nonconforming signs shall be re-
moved and may be replaced with
signs that conform to the design stan-
dards set forth in the S.R. 434 Rede-
velopment regulations.
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