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HomeMy WebLinkAbout2006 10 09 Public Hearing 200 Ordinance Number 2006-18 Sign Regulations CITY COMMISSION AGENDA ITEM 200 Public Hearing MGR DEPT October 9, 2006 Meeting REQUEST: The City Attorney, in cooperation with the Community Development Department, requests that the City Commission hold a Public Hearing for first reading of Ordinance No. 2006-18. PURPOSE: The purpose of this Agenda Item is to request that the City Commission hold a Public Hearing for first reading of Ordinance No. 2006-18 (pursuant to Section 166.041, FS, an ordinance requires approval at 2 public hearings before it is adopted). This is an ordinance to bring the City's sign regulations into conformance with the outcome of recent court cases. DISCUSSION: The City's sign regulations need to be amended to make them content-neutral, so that they will be consistent with recent case law and, therefore, defensible against legal challenges. The proposed ordinance amends Chapter 16, Article III, of the City Code as well as the sign regulations set forth in Chapter 20 of the City Code for the SR 434 New Development Overlay Zoning District (Sec. 20-470) and the SR 434 Redevelopment Overlay Zoning District (Sec. 20-486). The proposed ordinance is content-neutral, upholds freedom of speech, promotes aesthetics, protects the public safety, provides a more user-friendly document, and provides a more thorough definition of terms. APPLICABLE LAW AND PUBLIC POLICY: Section 2 (b). Article VIII. of the State Constitution. Chapter 166. Florida Statutes. Winter Sprines Code of Ordinances. Chapter 16 & Chapter 20. Recent Court Cases FINDINGS: . The request is in keeping with the intent of the City's Comprehensive Plan, and Chapter 166 of Florida Statutes. October 9,2006 Public Hearing Item 200 Page 2 . The request is in conformance with the purpose and intent ofthe City Code and with all applicable requirements. . The request is in keeping with Article VIII, Section 2(b) of the State Constitution. . The request provides a content-neutral sign regulation to preserve and improve the quality of urban life within the City. . The request furthers the City's legitimate and substantial interest in minimizing sight pollution and traffic and safety hazards to persons and property. . The goals of this request are unrelated to the suppression of free speech. . Aesthetic interests are a legitimate basis for regulating signage. P & Z RECOMMENDATION: The Planning and Zoning Board will have reviewed the draft ordinance at its October 4 meeting. The results of that meeting will be forthcoming. RECOMMENDATION: The City Attorney and staff recommend the City Commission hold a public hearing for first reading of Ordinance 2006-18, subject to some minor modifications. ATTACHMENTS: A. Draft Ordinance No. 2006-18 CITY COMMISSION ACTION: Page 2 ATTACHMENT A ORDINANCE NO. 2006-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE III OF CHAPTER 16 OF THE CODE OF ORDINANCES RELATED TO SIGNS; AMENDING SECTION 20-470 RELA TED TO SIGNS IN THE S.R. 434 NEW DEVELOPMENT AREA; AMENDING SECTION 20-486 RELATED TO SIGNS IN THE S.R. 434 REDEVELOPMENT AREA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORA TIONINTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article Vill, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, through the enactment of this Ordinance, the City Commission desires to preserve and improve the quality of urban life and aesthetics within the City of Winter Springs. See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); and WHEREAS, the City Commission finds that the limitations on signage within the City of Winter Springs, as provided herein, are unrelated to viewpoint and the content of any message, and will further the City's legitimate and substantial government interest in minimizing sight pollution and traffic and safety hazards to persons and property during high winds; and WHEREAS, the City Commission finds that the goals of this Ordinance are unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake Wales v. Lamar Advertising Ass'n of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglasville, Ga., 975 F. 2d 1505 (11th Cir. 1992); and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance 2006-18 Page 1 of 39 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Amendment to Chapter 16, Article DI, Signs, of the City Code. The City of Winter Springs Code of Ordinances, Chapter 16, Article III, Signs, is hereby amended as follows: (underlined type indicates additions and ~ttik:eont type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 16, Article III. It is intended that the text in Chapter 16, Article III denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 16. SIGNS AND ADVERTISING *** ARTICLE III. SIGNS DIVISION 1. GENERALLY Sec. 16-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Balloon display is any balloon anchored on private property for the purpose of advertisement. Banner is any strip of cloth, plastic or other flexible material on which a sign is printed, painted, or otherwise displayed. Bench sign is any sign which displays advertising or which is intended for the display of advertising and when such benches are to be located on the public way or when such benches are to be located on private property but the advertising is intended to be viewed from the public way. Bus stop shelter sign is any sign located on any part of the surface of a bus stop shelter. Construction sign is any on site designating the owner, architect, financial instiution or contractor. Directional sign is any permanent sign directions to specific locations such as clubhouse, golf course, tennis courts, etc. City of Winter Springs Ordinance 2006-18 Page 2 of 39 Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line, enclosing the extreme limits of the sign. including all ornamental attachments. insignias. symbols. logos. trademarks. interconnecting links and the like. and any stripe. frame or border. Sign area does not include the main support structure of the sign unless used for sign display purposes. The calculation for a double faced sign shall be the area of one face only. The calculation for wall signs. if permitted hereunder. comprised of individual letters. numbers. symbols and the like. where the exterior wall of the building upon which it is affixed acts as the background of the sign. shall be calculated within the smallest regular geometric figure needed to encompass the sign display. Discontinued sign shall mean any sign located on property which has been vacant and unoccupied for a period of ninety (90) days or more: or any sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. Electronic signs shall mean a sign on which the copy changes automatically on a lamp bank. Freestanding sign is any mobile or portable sign or sign structure not securely attached to the ground or to any other structure. This definition shall not include trailer signs. Garage sale sign is any sign advertising garage saks. Ground sign. A sign wholly independent of any building for support which is placed upon or permanently affixed in the ground. Wide-based monument or pylon style sign--A sign wholly independent of any building for support, consisting of a solid base with sign on top for monument sign or a base foliage with sign immediately the level of the base foliage, and where the, subject of the, sign relates to either the identifying of the business name or the activity(s) carried on in the structure on the same property as the sign. Hazardous sign is any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic-control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. No sign may use the words "Stop," "Look," "Drive-In," "Danger," or any other word, phrase, symbol, or character in such a manner as to interfere with traffic, mislead or confuse drivers or pedestrians. Height of Sign or Height shall mean the distance between the top of a sign and the average finished grade elevation of the base of the sign. City of Winter Springs Ordinance 2006-18 Page 3 of 39 Identifcation sign is any signs which indicates the name of the use, owner, activity, business or enterprise, but which does not advertise products, commodities or services offered, and which is located on the same property which is identified. Marketing/real estate. For the purpose of these design standards, marketing signs shall mean all names, insignias, trademarks, and decriptive words of material of any kind affixed, inscribed; erected or maintained upon an individual site or upon any improvement on individual sites which contain information relating to the marketing of space or building(s) on the subject parcel. Nonconforming sign is any sign which was lawfully existing in the City before the adoption of this article or amendments to this article or other applicable city code. that does not comply with the requirements of this article or amendments to this article or other applicable code. does not coform to the requirements of the City Code. Obscene sign is any sign which is deemed obscene pursuant to the Florida and United States Constitutions, indecent, or immoral, according to this Code,. On-Premises Sifln shall mean a sign (1) identifying an activity conducted or products or services available on the premises where the sign is located. or (2) displaying a noncommercial message or (3) any combination of the two. Off-Premises Sign shall mean a sign identifving an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is located. Outdoor advertising display/billboard on premises sign is any sign advertising a product for sale or service to be rendered on the immediate premises where the sign is located. Pole sign is a ground sign supported by poles. uprights. or braces. which are not concealed in an enclosed base. but are permanently placed on or in the ground and wholly independent of any building for support. Political sign is any sign erected by a candidate for city, county, state and federal office, and any sign for or against a ballot issue. Right-of-way is any land designated a city. county. state. or federal roadway and private roadways that may be used by the traveling public.that area adjacent to state, county, and city roads designated as bdng permanent public casements. Service club sign is any logo sign for nationally recognized service organization. The logo is to be counted as part of permitted sign as to height and size. City of Winter Springs Ordinance 2006-18 Page 4 of 39 Roof Signs shall mean any sign erected or installed upon a roof of any building or structure. Signs shall mean any surface. fabric. device. or display. whether illuminated or non- illuminated. designed to identify. announce. direct or inform and can be seen off-site all names, insignias, trademarks, and decriptive words, backlit awnings or material of any kind affixed, inscribed, erected or maintained upon an individual site orupon any improvement on individual sites:- Snipe sign is any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on a public road right-of-way. or any sign which is installed on property without the permission of the property owner. Spot or searchlight is any apparatus designed to project a beam of light for the purpose of advertisement during hours of darkness. Temporarv Sign shall mean a sign displayed before. during or after an event or occurrence scheduled at a specific time and place. inclusive for example. for rent signs. for sale. construction signs. real estate signs. management signs. Trailer sign is any sign mounted on a vehicle normally licensed by the state as a trailer and used for advertising or promotional purposes. Sec. 16-52. Purpose and intent. (a) The regulations and lrequirements herein set forth shall be the minimum requirements to promote the public health, safety, and general welfare, and to protect the character of residential, business and industrial areas throughout the city. (b) With respect to signs advertising business uses, it is specifically intended, among other things, to avoid excessive competition and clutter among sign displays in the demand for public attention. Therefore, the display signs should be appropraite to the land, building or use to which they are appartenant and be adequate, but no excessive, for the intended purpose of indentification or advertisement. Uti The purpose of this article is to regulate the number. size. type. use. design. construction and location of signs within the City. These regulations are established in order to promote the overall economic well-being of the City. while at the same time providing for the health. safety and welfare of the public by reducing the adverse effects of signs on safety. property values. traffic. and the enioyment of the scenic beauty of the City. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention. eliminate dangerous. dilapidated and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the City. consistent with constitutional guarantees and while City of Winter Springs Ordinance 2006-18 Page 5 of 39 providing for adequate opportunities for effective means of communication. (b) For purposes of this article. any lawful sign may display a noncommercial message in addition to. or in lieu of. any other message. All noncommercial speech shall be deemed to be on- premises. Nothing in this article shall be construed to regulate the content of the message displaved on any sign. Sec. 16-53. Building permit required. No person shall erect, alter, repair replace. or relocate within the City any sign, except as noted below provided in section 16-55, without first obtaining a building permit for such work from the building department. No permit shall be issued until the City building department determines that such work is in accordance with the requirements contained in this article, and the. building department determines such work will not violate the building...or electrical. aesthetic or other codes of the city. A sticker, provided by the City building department showing the permit number and date of expiration of the permit. if any. shall be displayed on each permitted sign. Sec. 16-54. Applications: Permit fees: Review Period: Approval Criteria: Appeals. (a) All sign permit applications shall be filed on forms supplied by the City. The application shall contain the following information and documents: (1) The name. address and telephone number of the property owner and applicant if different than owner. (2) The name. address. telephone number and state license number of the sign contractor/manufacturer and if applicable. the same information for the engineer and architect. (3) The street address. legal description and tax identification number of property upon which proposed sign is to be located. (4) The zoning and future land use designation of the property on which the sign is to be located. (5) The type of sign. square footage. height and location of all signs currently located on the premises. (6) The type of sign. square footage. design. sign area. height. location and fully dimensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign is to be electrically lig:hted. the electrical plans and specifications for the silm. In addition. the name and address of the electrical contractor accompanied bv the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the City of Winter Springs Ordinance 2006-18 Page 6 of 39 property owner. (8) A fully dimensioned site plan showing the lot frontage. building frontage or business. establishment or occupant frontage. parking areas and location of all existing and proposed signs. For ground signs and temporary signs. the site plan shall show the distance from the right-of-way and property lines. and street comer visibility calculations. (9) For temporary signs. over six square feet. name. date and time associated with the event and a time frame for the temporary sign to come down. (0) The type of construction. materials. sign supports. electrical details for the proposed sign. (11) Wind load calculations and footer details for the proposed sign as required by the City's adopted building code. (Q} A permit fee schedule shall be established by resolution of the city commissidrll sign permit applications shall be accompanied by the appropriate sign permit fee. (c) Upon receipt of a completed sign permit application and upon payment of the appropriate sign permit fee by the applicant. the City shall conduct review of the application. the proposed sign and the premises. The City shall grant or deny the sign permit application within forty-five (45) days from the date the application and application fee were filed with the City. unless aesthetic review of the lJroposed sign is required under section 9-600 et seq.. then sixty (60) days. or as provided in subsection (h) below. (d) If after review and payment of the permit fee required herein. the City determines that the application meets the requirements contained in the sign code and determines that the proposed sign will not violate any applicable building. electrical. aesthetic or other adopted codes of the City. the City shall issue the permit. (e) If. after review as required herein. the City determines that one or more reasons for denial exist. the permit application shall be denied and the City shall report in writing the denial and the reasons therefore to the applicant. The application shall be denied if one or more of the following reasons are found to exist: (D The application does not comply with the requirements of this article: or (ii) The application violates any applicable building. electrical. aesthetic or other adopted code of the City. (f) Any person denied a sign permit for a sign or an extension of existing sign permit may file a written appeal ofthe building department's decision to the city commission within ten (0) City of Winter Springs Ordinance 2006-18 Page 7 of 39 calendar days after receipt of the written decision to deny the permit. The city commission shall hear and decide the appeal de novo within thirty (30) days of the filing of the appeal. The city commission's decision shall be considered final and may be appealed to a court of competent jurisdiction. (g) Sign permits shall expire one hundred and eighty (180) days after the date of issuance. unless the permitted sign is certified as complete by the City before the expiration of the 180 days. The building department. or the city commission on appeal of a building department decision to deny an extension. may grant one reasonable extension for a period of time not to exceed ninety (90) days upon a showing by the permittee of good cause. (h) Notwithstanding any contrary sign application requirements contained in this section. any person may request that a sign or signs be approved as part of an overall proposed development plan for a particular land development project. In such cases. the person will be required to submit the plans and specifications of the sign( s) with the plans and specifications for the proposed land development project. The proposed sign(s) will be reviewed and approved in conjunction with the site plan review. aesthetic review. and building permit review. Sec. 16-55. Exemptions from permit requirements. (a) The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (1) Bulletin boards and identification signs for public, chartiable, or religious insitutions located on the premises of such institution and not exceeding twelve (12) square feet in total area. (2) Occupational signs denoting only the name, street, number and business of an occupation, a commerical building, public institution, building ordwelling, whihc do not exceed two (2) square feet. (3) Memorial signs or tablets, names of buildings and date of erection when cut into a masonry surface or when constructed of bronze or other incombustible materials. (41) Traffic control devices installed in accordance with applicable provisions of the City Code and the Traffic Control Manual published by the Florida Department of Transportation or othcr municipal, county, state or fedcral signs, kgal notices, lailroad clossing signs, danger signs and such temporary, emergency, or nonadvertising signs as may be approved by the city commission. (5) One (1) "For Sale" or "For Rent" sign per parcel of property when such sign City of Winter Springs Ordinance 2006-18 Page 8 of 39 (2) Decals affixed to and normally associated with signs painted on equipment. fuel pumps or other types of equipment. provided such decals are affixed with the consent of the equipment owner. (3) Signs wholly within a building or enclosed space. excluding window signs which are further regulated herein. (4) One sign or cornerstone per building. when cut into any masonry surface or when constructed of bronze or other incombustible materials and fully and permanently incOJ:porated into the surface of the building. (5) Window signs located on the inside of the building provided the size of the sign shall not exceed four (4) square feet of copy area and the total window copyarea shall not exceed twenty (20) percent ofthe total window glass area for each side of the building or unit thereof. Further. the square footage of the window signs. when added to the total existing signage for the building or unit thereof. does not cause the total signage copy area for the building or unit thereof to exceed the maximum total signage copy area allowed for the particular building or unit thereof. (6) Temporary signs that do not exceed six (6) square feet. provided the signs meet the requirements set forth in sections 16-59 and 16-60. (7) For 911 and emergency response purposes. signage identifying the address of the property. which shall be located in a place that is clearly visible from the right-of-way. City of Winter Springs Ordinance 2006-18 Page 9 of 39 Sec. 16-56. Nonconforming signs. Unless otherwise provided in this article. nonconforming signs shall be subiect to Chapter 9. Article XL Nonconformities. Sec. 16-57. Prohibited signs. The following signs are hereby prohibited: (1) Snipe signs and signs attached to trees; (2) Freestanding signs; (3) Obscene signs; (4) Hazardous signs; (5) Electronic signs. animated signs or signs of a flashing, running or revolving nature City of Winter Springs Ordinance 2006-18 Page 10 of 39 (6) Bus stop shelter signs; (7) Any sign placed on public right-of-way that does not constitute a bona fide traffic control device installed for the safety of pedestrians and vehicles: (8) Balloon displays; (9) Spot or search lights; (10) Trailer signs; (11) Off-premises sign (12) Unless otherwise expressly authorized by the City Code, signs with exposed neon tubing. The use of neon tubing to outline buildings, windows or doors shall be prohibited. However, window signs may utilize exposed neon tubing for the advertising of products or services provided the size of the sign is less than or equal to four (4) square feet; (13) Backlit awning signs; (14) Discontinued signs: (15) Roof signs: (16) Pole signs: (17) Signs attached to temporary structures: (18) Window signs not meeting the requirements of section 16-55(a)(5)' City Code: (19) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the right-of-way or adiacent property: (20) Signs located or erected on a parked motor vehicle which are intended primarily for display purposes and not regularly used for transportation purposes and which are visible from the right-of-wav or adjacent property: (21) Signs painted directly on any exterior wall. unless located on property zoned commercial or industrial and such sign is approved by the city commission in accordance with the aesthetic review procedures set forth in section 9-600. et seq.: City of Winter Springs Ordinance 2006-18 Page 11 of39 (22) Hazardous sign: and (23) Any sign not expressly authorized under the City Code. Sec. 16-58. Waiver Variances. Any property owner may request a waiver from the provisions of this article by submitting an application which specifies in detail each provision of this article to which the property owner seeks a waiver. The waiver application shall be approved or denied in accordance with the criteria and procedures set forth in section 20-34. City Code. However. a waiver shall not be permitted from the provisions of sections 16-56 and 16-57. Sec. 16-59. Construction and Maintenance Standards. W All signs shall be constructed and maintained in accordance with the provisions and requirements of the City's Building Codes. Electrical Codes. and other applicable codes. (a) All copy area shall be maintained so as to be legible and complete. (b) All signs shall be maintained in a vertical position unless originally permitted otherwise. and in good and safe condition. (c) Damaged faces or structural members shall be promptly repaired. (d) Electrical systems. fasteners. and the sign and structure as a whole shall be maintained at all times in a safe condition. (f) Temporary signs shall be constructed of sturdy material such as wood. hard plastic. vinyl. masonite or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the City. Cardboard and paper faced temporary signs are strictly prohibited unless it is safely fastened. in its entirety. to City of Winter Springs Ordinance 2006-18 Page 12 of 39 a backing made of material set forth in this section. Sec. 16-60. Supplemental Temporarv Sign Requirements. In addition to any other aptJlicable provision of this article and code. the following minimum standards shall apply to all temporary signs: (a) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its pm:pose (e.g.. the scheduled event or occurrence has concluded). (b) On property zoned residential or used for residential purposes. no temporary sign shall exceed six (6) square feet and the total number oftemporary signs on anyone residential property shall not exceed four (4). (c) On property zoned other than residential or used for non-residential purposes. no temporary sign shall exceed nine (9) square feet and the total number of temporary signs on anyone non-residential property shall not exceed thirty-six (36) square feet. (d) Ifthe temporary sign is a ground sign. the maximum height of any such sign shall be four (4) feet on property zoned or used for residential purposes. or eight (8) feet on any non-residential property. (e) Such signs shall also meet the following minimum standards: (a) the sign must be at least five (5) feet from any right-of-way: (b) the sign must be at least ten (0) feet from side and rear property lines: (c) the sign shall not be illuminated. (f) Upon issuance of a building permit. areas under development pursuant to an existing development order approved by the City shall be permitted one (1) additional non-illuminated temporary sign not to exceed a sign area of sixteen (6) square feet and six (6) feet in height for a single family lot or thirty-two (32) square feet and ten (0) feet for multi-family. commercial. industrial. and institutional development proiects. Signs permitted hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked. All signs shall be removed when the proiect has been completed. suspended. or abandoned for at least three (3) months. Sec. 16-61-16.75. Reserved. DIVISION. 2 STANDARDS City of Winter Springs Ordinance 2006-18 Page 13 of 39 Sec. 16-76. Generally. All signs shall be maintained in original condition and maintained in accordance with any permitted condition. No sign shall be placed in a city-controlled right-of-way with the exception of diIcctionalsigns authorized traffic control devices. 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 department, and shall display an official city sticker showing the permit date and any expiration thereof of expiIati~n. 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. Sec. 16-77. Outdoor display/billboards--Off-premises signs prohibited. (b a) Other than as provided within this section, off-premises signs are strictly prohibited within the City of Winter Springs. (e b) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the contrary, from and after the effective date of Ord. No. 2001-50 [Oct. 22, 2001], the total number of outdoor off-premises signs located in the incorporated areas of the city shall be linlited as hereafter specified. (d c) The initial limitation on outdoor off-prenlises signs are the five (5) outdoor off- prenlises sign structures (hereinafterreferred to as "Existing Structure(s)") currently existing in the incorporated areas of the city (the "Existing Structures"). An inventory of these existing structures dated October 22, 200 1, is filed in the community development department and is incorporated herein by this reference. (e d) The limit stated in subsection (d) above may only be increased by the number of lawfully existing off-prenlise sign structures within unincorporated areas of Seminole County which are annexed by the City of Winter Springs. Contemporaneously with annexation the city shall conduct a survey of all existing off-premise sign structures within the annexed portions of unincorporated Seminole County. The inventory of existing structures, on file with the community development department, shall be amended by resolution of the city cOmnUssion to include the addition of legally existing off-prenlise sign structures. (f e) The linlit stated in subsection (d) above, as may be amended by subsection (e), shall City of Winter Springs Ordinance 2006-18 Page 14 of 39 be correspondingly reduced upon the occurrence of any of the following: (I) An existing structure is removed incident to a road widening or other public works project; and (2) An existing structure is removed incident to the development or redevelopment of the property upon which the existing structure is located; or (3) An existing structure is removed incident to the expiration of the lease or other agreement authorizing placement of the existing structure on the property. (4) An existing structure which is non-conforming due to zoning is removed due to destruction, damage or other casualty which results in destruction of fifty (50) percent or more of the support structure for or of fifty (50) percent or more of the face of the sign. (5) An existing structure is removed or dismantled by fifty (50) percent or more of the support structure or fifty (50) percent or more of the face of the sign. (6) By the terms and conditions of a development agreement with the city, except that any development agreement after the effective date of this section shall not allow the removal of an existing structure later than the time that would otherwise be provided by this section. Any existing structure subject to a development agreement with the city prior to the effective date to this section shall be exempt from the provisions of this subsection (f) and shall be removed in accordance with the terms of the development agreement. (g f) At any point in time the then current limit on the number of outdoor off-premises signs located in the incorporated areas of the city shall be the initial limit specified in subsection (d) and as amended by subsection (e) above less the total number of existing structures which have been removed as specified in subsection (f) above. (h g) In addition to the limitation specified above, there is hereby imposed a limitation upon the number, size and orientation of the sign faces located upon the existing structures. From and after the effective date of Ord. No. 2001-50 [Oct. 22, 2001], the number of sign faces on an existing structure may not be increased, either by adding an additional face oriented in a different direction or by changing the display mechanism to permit the display of multiple signs on a single sign face. From and after the effective date of this Ord. No. 2001-50, no sign face on an existing structure may be increased in size and the orientation of each sign face located upon an existing structure may not be changed. (i h) Except for an existing structure which is non-conforming (which cannot be replaced), City of Winter Springs Ordinance 2006-18 Page 15 of 39 an existing structure damaged or destroyed by flood, fire, earthquake, war, riot, act of God or other similar casualty loss may be reconstructed in the same location with the same (or smaller or fewer, as the case may be) size and number of sign faces. An existing structure may not be relocated to another location. (j i) Except as specifically authorized by permit issued by the State of Florida Department of Transportation or as required by specific state statute, no trees or vegetation shall be removed or trimmed from the property upon which an outdoor off-premises sign is located or from property adjacent thereto in order to enhance the visibility of the outdoor off- premises sign. (k j) In connection with any off-premise signs which are erected or constructed in violation of the provisions of this section, each day that said sign remains erected in violation of this section shall constitute a separate violation and each person responsible for erecting or constructing such off-premise sign, including but not limited to the real property owner, shall pay the city a penalty of five hundred dollars ($500.00) per day until the off-premise sign is removed. 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, 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 ofthirty-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, may shaH: be reviewed and approved at the applicant's request in coni unction with the City's site plan review process. If the sign is not proposed during the site plan review process, a separate sign permit application shall be required under this article Sec. 16-79. Supplemental Sign Regulations Reserved. All signs shall also comply with other applicable supplemental sign regulations including, but not limited to, the S.R. 434 Corridor Regulations, Town Center District Code. and Minimum Community Appearance and Aesthetic Review Standards set forth in section 9-600 et seq. City of Winter Springs Ordinance 2006-18 Page 16 of 39 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 commercial/industrial zones, and sixteen (16) square feet in residential zones, except on developed residentail lots each sign shall not exceed six (6) square feet in area. 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. 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 identification sign not to excced one hnndred (100) sqnare feet in area, may be pc,rmittcd nntil snch time as the snbdivision is completed, bnt not to excec,d two (2) years. (c) In residential districts, signs exceeding six (6) sqnMe feet in Mea shall be place.d a minimum of one hundred (100) fect 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 r c,sidehce. (d) In commercial, agricultural and industrail 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. 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 City of Winter Springs Ordinance 2006-18 Page 17 of 39 Sec. 16-85. Bench signs. A franchise agreement 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. Sec. 16-87. Banners. A maximum of one (1) on-premises banner sign may be erected on commercial. industrial. or multi-family zoned property provided that the banner does not exceed sixty-four (64) square feet and is not erected for more than fourteen (14) calendar days during anyone calendar year. A maximum of one (1) on-premises banner sign may erected on property zoned residential provided the banner does not exceed twenty-four (24) square feet and is not erected for more than three (3) calendar days during anyone calendar vear. All banner signs shall be securely fastened to a structure in a manner to withstand weather elements commonly experienced by the City. DanncI signs shall City of Winter Springs Ordinance 2006-18 Page 18 of 39 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. Sec. 16-89. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of-way may be removed by the City or its agents without notice to the sign owner. (b) Should any sign be in danger of falling. or otherwise unsafe in the opinion of the Code Enforcement Officer or the Building Official. the owner thereof. or person maintaining the sign. shall. upon receipt of written notification from the Building Official or Code Enforcement Officer. immediately secure the sign. cause it to be placed in good repair or remove the sign. (c) Removal of illegally erected signs. The owner. owner's agent. or person in control. of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the Code Enforcement Officer or Building Official that a sign is illuminated in violation of this Chapter. the owner. owner's agent, or person in control of the premises. shall immediately terminate the prohibited illumination of such sign. (e) Emergencies. In the case of emergency situations. the city manager or the city manager's designee is hereby authorized to take such steps that may be necessary to secure or remove signage that poses a threat to the public health. safety. and welfare. *** Sec. 16-90. Implied Consent. Any person applying for. and the property owner upon which the sign will be erected. and receiving a permit for any sign hereby consents to the following: (1) consents to complying with all provisions of this code; and (2) consents for City officials to come on private property to inspect all signage and to remove illegally erected signs upon reasonable advanced notice by the city. Sec. 16-91. Viewpoint Neutral. City of Winter Springs Ordinance 2006-18 Page 19 of 39 Notwithstanding anything in this chapter or code to the contrary. no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. Sec. 16-92. Severability. (a) General. If any part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of this article or any other supplemental sign regulation set forth in section 16-79 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction. the declaration of such unconstitutionality shall not affect any other part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of this article or any other supplemental sign regulation. (b) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a). or elsewhere in this article or any other supplemental sign regulation set forth in section 16-79. this article or any supplemental sign regulation. or any adopting ordinance thereof. if any part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of this article or supplemental sign regulation is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction. the declaration of such unconstitutionality shall not affect any other part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of this article or supplemental sign regulation. even if such severability would result in a situation where there would be less speech. whether by subjecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaininJl to prohibited signs Without diminishing or limiting in any way the declaration of severability set forth above in subsection (at or elsewhere in this article or other supplemental sign regulation set forth in section 16-79. or any adopting ordinance thereof. if any part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of this article or any supplemental sign regulation or any other law is declared unconstitutional by the valid judgment or decree of any court of competent iurisdiction. the declaration of such unconstitutionality shall not affect any other part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of this article or supplemental sign regulation that pertains to prohibited signs. including specifically those signs and sign-types prohibited and not allowed under section16-57 of this article. Furthermore. if any part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of section 16-57 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction. the declaration of such unconstitutionalitv shall not affect anv other part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of section 16-57. (d) Severabilitv of prohibition on Off-Premise Signs. If any part, section, subsection, paragraph, City of Winter Springs Ordinance 2006-18 Page 20 of 39 subparagraph. sentence. phrase. clause. term. or word of this article. supplemental sign regulation set forth in section 16-79 and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid iudgment or decree of any court of competent iurisdiction. the declaration of such unconstitutionality shall not affect the prohibition on off-premise signs as contained in this article and Code. Section 3. Amendment to Section 20-470, City Code. The City of Winter Springs Code of Ordinances, Section 20-470, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance oftext existing in Section 20-470. It is intended that the text in Section 20-470 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 20. ZONING *** ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN *** DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA Sec. 20-470. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commission if such signs or sign elements are visible from adjacent properties or a street right-of-way. (1) Ground mounted multi-tenant For each multi-tenant development under separate ownership, one (1) wide-based monument style, permanent sign with landscaped base shall be permitted. For developments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only be reserved for the tenants' on-premise use For 911 and emergency response purposes. The primary address of the building shall be incorporated into the sign with numerals/letters a minimum of eight (8) inches in height, but the address shall not City of Winter Springs Ordinance 2006-18 Page 21 of 39 be counted against allowable copy area. b. Shall be located no closer than fifteen (15) feet from front, side, or rear property lines. c. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. A entry wall sign shall not be higher than eight (8) feet above the closest vehicular use area. f. Signs shall be in an enclosed base a minimum width of two-thirds ( 2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. g. Signs shall be in accordance with the following schedule: TABLE INSET: Building Size (Gross Floor Area) Maximum Copy Area Maximum Height Under 75,000 square feet 75,000--250,000 square feet Over 250,000 square feet 32 square feet 48 square feet 64 square feet 12 feet 14 feet 16 feet h. Multi-tenant centers are permitted additional signs for anchor tenants according to the following schedule: TABLE INSET: Building Size (Gross Floor Area) Anchor Tenant Additional Sign Under 75,000 square feet 75,000--250,000 square feet Over 250,000 square feet 2 of 12 square feet 3 of 12 square feet 4 of 12 square feet An anchor tenant is defined as the major retail store(s) in a center that is/are in City of Winter Springs Ordinance 2006-18 Page 22 of 39 excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. (2) Ground mounted single-tenant One (1) wide-based monument style, permanent project sign shall be permitted per single-tenant parcel. One additional permanent wide-based monument style sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on premise use b. Shall be located no closer than fifteen (15) feet from the front, side or rear property lines. c. Shall not exceed two (2) faces. d. Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in excess of 4.0 acres, the project identification sign face may be increased to forty-eight (48) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. g. Signs shall be in an enclosed base that is at a minimum the full width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. (3) Building mounted multi-tenant identification sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one sign per tenant for on-premise use b. The sign(s) shall be clearly integrated with the architecture of the building, City of Winter Springs Ordinance 2006-18 Page 23 of 39 and shall be consistent in design, format, and materials with the architecture of the proposed building. c. The sign(s) shall not either project above any roof or exceed a height of fourteen (14) feet. d. Wall signs shall display only one (1) surface and shall not be mounted more than six: twelve (612) inches from any wall. e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty-five (25) percent of the building height. An anchor tenant is defined as the major retail store(s) in a center that is/are in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. h. For office buildings without separate exterior tenant entrances, one wall sign not exceeding two (2) square feet shall be permitted for each individual tenant. The sign shall be located adjacent to the building entrance. (4) Building mounted single tenant In addition to the ground- mounted sign, a building mounted sign may be permitted consistent with the following criteria: a. Shall only be reserved for one (1) tenant's on-premise use b. The sign is located on the exterior wall of a building. c. The sign shall be consistent in design. format and materials with the architecture of the proposed building d. The sign shall not either project above any roof or exceed the height of City of Winter Springs Ordinance 2006-18 Page 24 of 39 fourteen (14) feet. e. The sign shall display only one (1) surface and shall not project more than me: (612) inches from any wall. f. Signs shall conform to the following schedule: TABLE INSET: Building Size (Gross FLoor Area) Max. Copy Area Max. Letter Height Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet 16 square feet 32 square feet 48 square feet 2 feet 25% height of building 25% height of building (7) ChangeabLe copy signs. In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all aluminum extrusion or better as approved by staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: 1. Changeable copy signs shall not comprise more than twenty-five (25) percent of the permitted sign area; City of Winter Springs Ordinance 2006-18 Page 25 of 39 (8) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. City of Winter Springs Ordinance 2006-18 Page 26 of 39 City of Winter Springs Ordinance 2006-18 Page 27 of 39 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 tenant monument plOjGGt identification signs. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. City of Winter Springs Ordinance 2006-18 Page 28 of 39 Nonconforming signs. a. Any sign, other than billboards, which is nonconforming shall be amortized and may be maintained until November 14, 2002. b. 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. c. Violations shall be subject to Chapter 2, Article 3, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. Section 4. Amendment to Section 20-486, City Code. The City of Winter Springs Code of Ordinances, Section 20-486, is hereby amended as follows: (underlined type indicates additions and sttikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Section 20-486. It is intended that the text in Section 20-486 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 20. ZONING City of Winter Springs Ordinance 2006-18 Page 29 of 39 *** ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN *** DIVISION 2. GENERAL DESIGN STANDARDS FOR REDEVELOPMENT AREA Sec. 20-486. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commission dG1\ig,n Ic-vkw board if such signs or sign elements are visible from adjacent properties or a street right-of-way. (1) Ground mounted multi-tenant sign: For each multi-tenant development under separate ownership, one (1) wide-based monument style permanent sign with landscaped base identifying the name of the development and businesses within the development shall be permitted. For developments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only be reserved for the tenant's on-premise use For 911 and emergency response purposes. The primary address of the building shall be incorporated into the sign with numerals/letters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area. b. Shall be located no closer than ten (10) feet from front, side, or rear property lines. c. Shan have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. A wall sign shall not be higher than eight (8) feet above the closest vehicular use area. f. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. City of Winter Springs Ordinance 2006-18 Page 30 of 39 g. Signs shall be in accordance with the following schedule: TABLE INSET: Building Size (Gross Floor Area) Maximum Copy Area Maximum Height Under 75,000 square feet 75,000--250,000 square feet Over 250,000 square feet 32 square feet 48 square feet 64 square feet 12 feet 14 feet 16 feet h. Multi-tenant centers are permitted one additional signs for each anchor tenants according to the following schedule: TABLE INSET: Building Size (Gross Floor Area) Under 75,000 square feet 75,000--250,000 square feet Over 250,000 square feet Anchor Tenant Additional Sign 2 of 12 square feet 3 of 12 square feet 4 of 12 square feet An anchor tenant is defined as the major retail store(s) in a center that is in excess of one hundred (100) front feet and a minimum area often thousand (10,000) square feet. (2) Ground mounted single-tenant sign: One (1) wide-based monument style permanent sign shall be permitted per single-tenant parcel. One additional permanent wide-based monument style project identification sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on-premise use b. Shall be located no closer than ten (10) feet from the front, side or rear property lines. c. Shall not exceed two (2) faces. City of Winter Springs Ordinance 2006-18 Page 31 of 39 d. Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in excess offour (4.0) acres, the sign face may be increased to forty-eight (48) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. g. Signs shall be in an enclosed base a minimum width of two-thirds ( 2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. (3) Building mounted multi-tenant sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one sign per tenant for on-premise use b. The sign(s) shall be clearly integrated with the architecture of the building. Shall be consistent in design, format, and materials with the architecture of the proposed building. c. The sign(s) shall not project above any roof or canopy elevations. d. Wall signs shall display only one (1) surface and shall not be mounted more than six (6) inches from any wall. e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty-five (25) percent of the building height. An anchor tenant is defined as the major retail store(s) in a center that is in excess of one hundred (I (0) front feet and a minimum area of ten thousand (10,000) square feet. City of Winter Springs Ordinance 2006-18 Page 32 of 39 g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. h. For office buildings, one wall sign not exceeding two (2) square feet shall be permitted for an individual tenant. The sign shall be located adjacent to the building entrance. (4) Building mounted single tenant sign: In addition to the ground- mounted sign, a building mounted sign may be permitted consistent with the following criteria: a. Shall be reserved for one (1) tenant's on-premise use. b. The sign is located on the exterior wall of a building. c. The sign shall be consistent in design. format and materials with the architecture of the proposed building d. The sign shall not project above any roof or canopy elevations, and the top of the sign shall not be higher than fourteen (14) feet above the main entry floor. e. The sign shall display only one (1) surface and shall not project more than me: twelve (6 12) inches from any wall. f. Signs shall conform to the following schedule: TABLE INSET: Building Size (Gross Floor Area) Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet Max. Copy Area 16 square feet 32 square feet 48 square feet Max. Letter Height 2 feet 25% height of building 25% height of building City of Winter Springs Ordinance 2006-18 Page 33 of 39 (7 5) Changeable copy signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all aluminum extrusion or better as approved by staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: 1. Changeable copy signs shall not comprise more than twenty-five (25) percent of the permitted sign area; (8 6) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. City of Winter Springs Ordinance 2006-18 Page 34 of 39 City of Winter Springs Ordinance 2006-18 Page 35 of 39 City of Winter Springs Ordinance 2006-18 Page 36 of 39 (5 7) Permanent flags: The following standards: 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 tenant monument signs signs. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. City of Winter Springs Ordinance 2006-18 Page 37 of 39 (t 8) Nonconforming signs. a. Any sign, other than billboards, which is nonconforming shall be amortized and may be maintained until November 14,2002. b. 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 Redevelopment regulations. c. Violations shall be subject to Chapter 2, Article ill, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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, and pursuant to City Charter. City of Winter Springs Ordinance 2006-18 Page 38 of 39 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2006. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance 2006-18 Page 39 of 39