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HomeMy WebLinkAbout2006 10 23 Public Hearing 204 Ordinance 2006-18 CITY COMMISSION AGENDA October 23.2006 Meeting PUBLIC HEARING ITEM 204 REQUEST: The City Attorney, in cooperation with the Community Development Department, requests that the City Commission hold a Public Hearing for second reading and adoption of Ordinance No. 2006- 18. PURPOSE: The purpose of this Agenda Item is to request that the City Commission hold a Public Hearing for second reading and adoption 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, ofthe 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). It also repeals Section 20-337 of the City Code, the Greeeneway Interchange Zoning District sign code. 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 Sprin2s Code of Ordinances. Chapter 16 & Chapter 20. Recent Court Cases October 23,2006 Public Hearing Item 204 Page 2 FINDINGS: . The request is in keeping with the intent ofthe City's Comprehensive Plan, and Chapter 166 of Florida Statutes. . The request is in conformance with the purpose and intent of the 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. . The Commission approved first reading of Ordinance No. 2006-18 at its October 9 regularly scheduled meeting. P & Z RECOMMENDATION: The Planning and Zoning Board reviewed the draft ordinance at its October 4 meeting and recommended approval, subject to minor modifications. RECOMMENDATION: The Planning and Zoning Board, the City Attorney, and staff recommend the City Commission hold a public hearing and adopt Ordinance 2006-18 on second reading. ATTACHMENTS: A. Draft Ordinance No. 2006-18 B Draft P&Z October 4,2006, Minutes CITY COMMISSION ACTION: Page 2 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 RELA TED TO SIGNS IN THE S.R. 434 REDEVELOPMENT AREA; AMENDING 20-337 RELATED TO SIGNS IN THE GREENEW A Y INTERCHANGE DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO 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. Taxpayersfor 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 ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter City of Winter Springs Ordinance 2006-18 Page 1 of 49 Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Amendment to Chapter 16, Article III, 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 stlikeont 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. ConstrtK,tion sign i5 an~ on-5itc 5ig,n dC5ig,nating the, OWhGl, atd,itcct, finaiIGial i115titntion 01 contractor. City of Winter Springs Ordinance 2006-18 Page 2 of 49 CODY 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, comprises 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 sifln 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 by electronic means. 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. Ground sign. A sign wholly independent of any building for support which is placed upon or permanently affixed in the ground. 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. City of Winter Springs Ordinance 2006-18 Page 3 of 49 Height of Shm or Height shall mean the distance between the top of a sign and the average finished grade elevation of the base of the sign. 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. Obscene sign is any sign which is deemed obscene pursuant to the Florida and United States On-Premises Sign 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 identifying 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. Right-of-way is any land designated as city. countv. state. or federal roadwav and private roadways. that arca adjacent to 1\tate, county, and city road1\ de1\ignc'rtcd M bdhg pcrmahCllt public easemehts. City of Winter Springs Ordinance 2006-18 Page 4 of 49 Roof Sign 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 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. Temporary Sifln 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 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 bv 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 City of Winter Springs Ordinance 2006-18 Page 5 of 49 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 providing for adequate opportunities for effective means of communication. {Q} 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 ofthe message displayed 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 provided in section 16-55, without first obtaining a building permit for such work the building de.partmcnt. No permit shall be issued until the City building de.pM tmcnt determines that such work is in accordance with the requirements contained in this article, and dcpM tmcnt de.ocrminc5 such work will not violate the building or electrical. aesthetic or other codes of the city. A sticker, provided by the City 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 lighted. the electrical plans and specifications for the sign. In addition. the name and City of Winter Springs Ordinance 2006-18 Page 6 of 49 address of the electrical contractor accompanied by the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the 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 sillns. 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. (10) 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. ilil A permit fee schedule shall be established by resolution of the city commission. All sign permit applications shall be accompanied by the aplJropriate 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 proposed 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: (i) 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. City of Winter Springs Ordinance 2006-18 Page 7 of 49 (f) Any person denied a sign permit for a sign or an extension of existing sign permit may file a written appeal of the building department's decision to the city commission within ten (0) 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 iurisdiction. (g) Sign permits shall expire one hundred and eig;hty o So) days after the date of issuance, unless the permitted sign is certified as complete by the City before the expiration of the ISO 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 proiect. 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 proiect. The proposed sign(s) will be reviewed and approved in coni unction 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: City of Winter Springs Ordinance 2006-18 Page 8 of 49 (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 incOl: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 copy area shall not exceed twenty (20) percent of the 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 49 Sec. 16-56. Nonconforming signs. Unless otherwise provided in this article. nonconforming signs shall be subiect to Chapter 9. Article XI. 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 Fflashing, running or revolving City of Winter Springs Ordinance 2006-18 Page 10 of 49 (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 ofthe sign is less than or equal to four (4) square feet; (13) Backlit awning signs; l.H1 Discontinued signs: .c..li) Roof signs: il.Ql Pole signs: .Q1l Signs attached to temporary structures: aID Window signs not meeting the requirements of section 16-55(a)(5)' City Code: (9) 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-way or adiacent property: .em 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 of 49 (22) Hazardous sign; and (23) Any sign not expressly authorized under the City Code. Sec. 16-58. Waiver 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. (a) 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. (b) All copy area shall be maintained so as to be legible and complete. (c) All signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition. (d) Damaged faces or structural members shall be promptly repaired. (e) 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 49 a backing made of material set forth in this section. Sec. 16-60. Supplemental Temporary Sign Requirements. In addition to any other applicable 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 purpose (e.g.. the scheduled event or occurrence has concluded). (b) On property zoned residential or used for residential puq>oses. no temporary sign shall exceed six (6) square feet and the total number of temporary 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) If the 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 (10) 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 (16) square feet and six (6) feet in height for a single family lot or thirty-two (32) square feet and ten (10) 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. 16-61 911 Emergencv Response System. For 911 and emergency response purposes. the primary address of the building shall be displayed on the property and shall be visible from the public or private street. For commercial and industrial buildings. the address or range of addresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum City of Winter Springs Ordinance 2006-18 Page 13 of 49 of eight (8) inches in height. but the address shall not be counted against allowable copy area. In addition to the address being posted on a single family residential mailbox or single family dwelling. a sign not to exceed three (3) square feet mav be posted on the dwelling at the main entrance or in the yard. provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. 16-62-16.75. Reserved. DIVISION. 2 STANDARDS 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 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 . 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 displaylbillboardsnOff-premises signs prohibited. (b g) Other than as provided within this section, off-premises signs are strictly prohibited within the City of Winter Springs. (c.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 limited as hereafter specified. (dc) The initial limitation on outdoor off-premises signs are the five (5) outdoor off- premises sign structures (hereinafter referred 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, 2001, is filed in the community development department and is incorporated herein by this reference. City of Winter Springs Ordinance 2006-18 Page 14 of 49 (e 4) The limit stated in subsection (d f) above may only be increased by the number of lawfully existing off-premise 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 commission to include the addition of legally existing off-premise sign structures. (f~) The limit stated in subsection (d f) above, as may be amended by subsection (e 4), shall be correspondingly reduced upon the occurrence of any of the following: (1) 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 effecti ve 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 f) and as amended by subsection (e 4) 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 City of Winter Springs Ordinance 2006-18 Page 15 of 49 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), 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 D 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 i) 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 of thirty-two (32) square feet on each side. Double-sided or "V" signs are permissible provided they are constructed with an inner angle not to exceed thirty (30) degrees. The maximum height of a sign shall not exceed twelve (12) feet unless otherwise expressly provided in this article. (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 and sign permit review process City of Winter Springs Ordinance 2006-18 Page 16 of 49 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 Sien Reeulations Resened. 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 17 of 49 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. City of Winter Springs Ordinance 2006-18 Page 18 of 49 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 year. All banner signs shall be securely fastened to a structure in a manner to withstand weather elements commonly experienced by the City. 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. ill 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. (Q} 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. Kl 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. @ Termination of unlawful illumination. Upon receipt of written notification bv 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. liD. 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 City of Winter Springs Ordinance 2006-18 Page 19 of 49 a permit for any sign hereby consents to the following: ill consents to complying with all provisions of this code: and ill consents for City officials to come on private property to inspect all signage and to remove illegallv erected signs upon reasonable advanced notice by the city. Sec. 16-91. Viewpoint Neutral. Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall be subiect to any limitation based upon the content (viewpoint) ofthe 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 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 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 (at 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 iudgment 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, even if such severability would result in a situation where there would be less speech, whether by subiecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining 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 iudgment 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 City of Winter Springs Ordinance 2006-18 Page 20 of 49 sign regulation that pertains to prohibited signs. including specifically those signs and sign-types prohibited and not allowed under sectionl6-57 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 iudgment 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 section 16-57. (d) Severability ofvrohibition on Off-Premises Signs. If any part. section. subsection. paragraph. 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- premises 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 type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text 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 design le,vkt'V boatd city commission 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 shall be permitted. For developments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign maybe permitted. The City of Winter Springs Ordinance 2006-18 Page 21 of 49 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-premises use 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: City of Winter Springs Ordinance 2006-18 Page 22 of 49 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 excess of one hundred (100) front feet and a minimum area of ten 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 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 premises 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 signfor buildings with separate City of Winter Springs Ordinance 2006-18 Page 23 of 49 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-premises use b. The sign(s) shall be clearly integrated with the architecture of the building, 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 m 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 sign: In addition to the ground- mounted sign, a building mounted identification sign may be permitted consistent with the following criteria: a. Shall only be reserved for one (1) tenant's on-premises use City of Winter Springs Ordinance 2006-18 Page 24 of 49 b. The identification 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 fourteen (14) feet. e. The sign shall display only one (1) surface and shall not project more than twelve (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 City of Winter Springs Ordinance 2006-18 Page 25 of 49 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) 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 49 City of Winter Springs Ordinance 2006-18 Page 27 of 49 (15 2) Permanent flags: the The following standards shall apply to permanent flags: a. One (1) flagpole flag may be permitted per parcel. City of Winter Springs Ordinance 2006-18 Page 28 of 49 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 project idmtification signs. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. (ffi 10) Nonconfonning 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 City of Winter Springs Ordinance 2006-18 Page 29 of 49 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 st1ik'Cout 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 *** 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 de,sign rGview bOald 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-premises use b. Shall be located no closer than ten (10) feet from front, side, or rear property lines. City of Winter Springs Ordinance 2006-18 Page 30 of 49 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 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. 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 idehlJicaliun sign: One (1) wide-based monument style permanent project identification 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 City of Winter Springs Ordinance 2006-18 Page 31 of 49 serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. 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. d. Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in excess of four (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-premises 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 twelve (12) inches from any wall. City of Winter Springs Ordinance 2006-18 Page 32 of 49 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 (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, 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-premises 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 six: twelve (6 12) inches from any wall. f. Signs shall conform to the following schedule: TABLE INSET: City of Winter Springs Ordinance 2006-18 Page 33 of 49 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 ( (9- ,2) 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 34 of 49 (8- Q) 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 35 of 49 City of Winter Springs Ordinance 2006-18 Page 36 of 49 . (+51) Permanent flags: the 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. e City of Winter Springs Ordinance 2006-18 Page 37 of 49 (+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 Section 20-337, City Code (Greeneway Interchange Zoning District). The City of Winter Springs Code of Ordinances, Section 20-337, set forth in the Greeneway Interchange Zoning District, is hereby repealed in its entirety as indicated below: City of Winter Springs Ordinance 2006-18 Page 38 of 49 City of Winter Springs Ordinance 2006-18 Page 39 of 49 City of Winter Springs Ordinance 2006-18 Page 40 of 49 City of Winter Springs Ordinance 2006-18 Page 41 of 49 City of Winter Springs Ordinance 2006-18 Page 42 of 49 City of Winter Springs Ordinance 2006-18 Page 43 of 49 City of Winter Springs Ordinance 2006-18 Page 44 of 49 City of Winter Springs Ordinance 2006-18 Page 45 of 49 City of Winter Springs Ordinance 2006-18 Page 46 of 49 City of Winter Springs Ordinance 2006-18 Page 47 of 49 Section 6. 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 7. 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 8. 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 9. 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. [Adoption Page to Follow] City of Winter Springs Ordinance 2006-18 Page 48 of 49 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 49 of 49 A TT A CHMENT B CITY OF WINTER SPRINGS, FWRIDA DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2006 PAGE 6 0F 9 PUBLIC HEARINGS 204. Community Development Department - Office Of The City Attorney Requests That The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance Number 2006-18, Amending Chapters 16 And 20 Of The City Code, As It Relates To The Signage. Attorney Garganese said, "I made one (1) - change - what I would like to include in this Ordinance is a repeal of all of the sign regulations in the Greene W ay Interchange District, so added to this Ordinance is actually a repealer section, repealing all of the sign regulations in the GreeneWay Interchange. For a couple of reasons, one (1), the GreeneWay Interchange District is very redundant with other parts of the Code, and two (2) we have established some other Ordinances like Aesthetic Review that kind of takes the place of the GreeneWay Interchange Aesthetic requirements and, three (3), it just causes a lot of ambiguities and it really undermines the other work that I did trying to address all the Constitutional issues regarding content and neutrality." Attorney Garganese stated, "The purpose of this Ordinance is to update the City Code to bring it into Compliance with recent Case Law regarding the issue of content and neutrality. Tape l/Side B Sign codes affect Freedom of Speech, sign codes need to be content neutral, subject neutra1." Attorney Garganese said, "For the most part, they relate to content. What can be said on a sign, they also relate to preferential treatment for some signs versus other signs which when you really boil it down is nothing but a content type regulation. For example, if you treat Political Signs different than just a normal temporary sign, well why are you treating Political Signs different? It has to be because of the content. That is what the court cases have said." Attorney Garganese then said, "There is also a lot of redundancy in the Code - you will see that you have a sign Code Section in Chapter 16, then you have State Road 434, New Development Guidelines, State Road 434 Redevelopment Guidelines, then you have the Greene Way Interchange District Guidelines, all regarding signs." Attorney Garganese stated, "What I have done is tried to reduce that redundancy and tried to put those Uniform Standards for signs in Chapter 16 and those special requirements for State Road 434, that are not already addressed in Chapter 16 will be stated in the Redevelopment Guidelines. I think that would help Staff tremendously and also help the Public." Attorney Garganese then said, "There were also some definitions that we put into the Code, just to clarify the Code and make it a little bit easier to understand. We added some purpose and intent language which is consistent with Case Law and what Courts have found as legitimate reasons to regulate signage. We have also added a Permit Application and Review Procedure in the Ordinance which the current Ordinance is lacking in, in which the Law requires." Discussion. CITY OF WINTER SPRINGS, FWRIDA DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2006 PAGE 7 0F 9 Ms. Sahlstrom spoke regarding Staff comments to Ordinance 2006-18. Ms. Sahlstrom said, "On Page 16 of 39, there needs to be clarification under Section 16-78., item (c), because it is not totally clear that an Applicant needs to have a permit. A permit is always required for a sign and it seems to imply that if it is through the development process it does not need a permit. It does not say it that way. But, it might be implied that way. So, Staff would like some clarification in that text item. Also - the maximum height previously under item (b) was fourteen feet (14') but there is no maximum height included now." Ms. Sahlstrom then said, "The only other item was mainly a typo - on Page 32 of item d., (3) d., should say twelve inches (12") instead of six inches (6") to be consistent throughout the rest of the document." Ms. Sahlstrom asked, "I see that the title would not be changed. Is that correct? With the repeal of the Greene Way Interchange District signage or would the title need to be Amended as well?" Attorney Garganese said, "It may have to be Amended." Ms. Sahlstrom said, "If it does, I need to send it back to the paper right away, since the ad went in today." Attorney Garganese said, "Okay." Discussion ensued on banners. For clarification, Vice Chairperson Tillis asked, "On the prohibited signs in Section 16- 57., electronic signs, that would include bank time and temperature displays - that would prohibit those as well? Right?" Attorney Garganese said, "Right." Chairperson Karr opened the "Public Input" portion of the Agenda Item. No one spoke. Chairperson Karr closed the "Public Input" portion of the Agenda Item. "RECOMMEND APPROVAL OF CONSIDERATION OF ORDINANCE NUMBER 2006-18 AMENDING CHAPTERS 16 AND 20 OF THE CITY CODE AS IT RELATES TO THE SIGNAGE WITH THOSE COMMENTS MADE BY ELOISE [SAHLSTROM] THAT THOSE CORRECTIONS CAN BE MADE." MOTION BY ADVISORY BOARD MEMBER POE. CHAIRPERSON KARR SAID, "AND ~SO INCLUDING MR. GARGANESE'S OF THE GREENEW AY DISTRICT." ADVISORY BOARD MEMBER POE SAID, "YES." SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. 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 RELATED TO SIGNS IN THE S.R. 434 NEW DEVELOPMENT AREA; AMENDING SECTION 20-486 RELATED TO SIGNS IN THE S.R. 434 REDEVELOPMENT AREA; AMENDING 20-337 RELATED TO SIGNS IN THE GREENEW AY INTERCHANGE DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibi'ted 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 ofthis 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 ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter City of Winter Springs Ordinance 2006-18 Page 1 of 49 Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Amendment to Chapter 16, Article III, 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 stlikeont 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 ofthe surface of a bus stop shelter. City of Winter Springs Ordinance 2006-18 Page 2 of 49 Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line, enclosing the extreme limits oHhe 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, comprises 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 bv electronic means. 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. Ground sign. A sign wholly independent of any building for support which is placed upon or permanently affixed in the ground. 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. City of Winter Springs Ordinance 2006-18 Page 3 of 49 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. Nonconforming sign is any sign which was lawfully existing in the City before the adoption ofthis 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. docs not Obscene sign is any sign which is deemed obscene pursuant to the Florida and United States Constitutions, On-Premises Sign 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 identifying 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. 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. Right-of-way is any land designated as city. county. state. or federal roadway and private roadways. City of Winter Springs Ordinance 2006-18 Page 4 of 49 Roof Sign 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 . 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. Temporary 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. !ill 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 ofthe 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 enjoyment of the scenic beauty ofthe City. These regulations are intended to avoid City of Winter Springs Ordinance 2006-18 Page 5 of 49 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 providing for adequate opportunities for effective means of communication. Dll 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 onhe message displayed on anv 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 dc.partment determines that such work is in accordance with the requirements contained in this article, and the building depal tmcnt dctumines such work will not violate the building,.. or electrical. aesthetic or other codes ofthe 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 Citv. The application shall contain the following information and documents: (I) 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 lighted. the electrical plans and specifications for the sign. In addition. the name and City of Winter Springs Ordinance 2006-18 Page 6 of 49 address of the electrical contractor accompanied by the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the 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. (10) 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. Dll A permit fee schedule shall be established by resolution of the city commission. All 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 proposed 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 ofthe 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 ofthe 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: (0 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. City of Winter Springs Ordinance 2006-18 Page 7 of 49 (f) Any person denied a sign permit for a sign or an extension of existing sign permit may file a written appeal onhe building department's decision to the city commission within ten (10) calendar days after receipt onhe 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 (80) days after the date of issuance, unless the permitted sign is certified as complete by the City before the expiration onhe 180 days. The building department. or the city commission on appeal of a building departmentdecision to deny an extension, may grant one reasonable extension for a period onime 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 coni unction 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: (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 City of Winter Springs Ordinance 2006-18 Page 8 of 49 ill 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. ill Signs wholly within a building or enclosed space, excluding window signs which are further regulated herein. ill 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 incorporated into the surface of the building. ill 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 copy area 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 thereofto exceed the maximum total signage copy area allowed for the particular building or unit thereof. @ 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. ill For 911 and emergency response purposes. signage identifying the address ofthe 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 49 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 Fflashing, running or revolving nature City of Winter Springs Ordinance 2006-18 Page 10 of 49 (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; (ill Discontinued signs; @ Roof signs; 00 Pole signs; (l1). Signs attached to temporary structures; .Q..ID. 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-way or adiacent property; @ 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 of 49 (22) Hazardous sign: and (23) Any sign not expressly authorized under the City Code. Sec. 16-58. Waiver VaIiances. 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. Citv Code. However. a waiver shall not be permitted from the provisions of sections 16-56 and 16-57. (a) '''''l1ianees to this article, except Em those decisions made by the site plan review bo.nd 01 staff rev iew, may be granted by the city board of adjustment pursuant to sections 20-82 and 20-83 of the City Code. (b) Decisions made by the site planrcview boatdmay be appealed to the city commission pursuant to section 9-348 oHhe City Code. (c) Decisions made by the staffreviGw may be appealed pursuant to scetion 20-355 of the City Code. Sec. 16-59. Construction and Maintenance Standards. ill All signs shall be constructed and maintained in accordance with the provisions and requirements ofthe City's Building Codes. Electrical Codes. and other applicable codes. Dll All copy area shall be maintained so as to be legible and complete. ill All signs shall be maintained in a vertical position unless originally permitted otherwise. and in good and safe condition. @ Damaged faces or structural members shall be promptly repaired. W Electrical systems. fasteners. and the sign and structure as a whole shall be maintained at all times in a safe condition. ill 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 commonlv 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 49 a backing made of material set forth in this section. Sec. 16-60. Supplemental Temporary Sien Requirements. In addition to any other applicable provision ofthis article and code. the following minimum standards shall apply to all temporary signs: ill Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose (e.g.. the scheduled event or occurrence has concluded). (Q} 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). {0 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. @. 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. (tl 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. ill Upon issuance of a building permit. areas under development pursuant to an existing development order approved by the City shall be permitted one 0) additional non-illuminated temporary sign not to exceed a sign area of sixteen (16) 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.16-61 911 Emer~ency Response System. For 911 and emergency response purposes. the primary address of the building shall be displayed on the property and shall be visible from the public or private street. For commercial and industrial buildings. the address or range of addresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum City of Winter Springs Ordinance 2006-18 Page 13 of 49 of eight (8) inches in height. but the address shall not be counted against allowable copy area. In addition to the address being posted on a single family residential mailbox or single family dwelling, a sign not to exceed three (3) square feet may be posted on the dwelling at the main entrance or in the yard. provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. 16-62-16.75. Reserved. DIVISION. 2 STANDARDS 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 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 . 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 ~) Other than as provided within this section, off-premises signs are strictly prohibited within the City of Winter Springs. (e 12) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the contrary, from and after the effective date ofOrd. No. 2001-50 [Oct. 22, 2001], the total number of outdoor off-premises signs located in the incorporated areas of the city shall be limited as hereafter specified. (d~) The initial limitation on outdoor off-premises signs are the five (5) outdoor off- premises sign structures (hereinafter referred 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, 2001, is filed in the community development department and is incorporated herein by this reference. City of Winter Springs Ordinance 2006-18 Page 14 of 49 (e g) The limit stated in subsection (d 9) above may only be increased by the number of lawfully existing off-premise 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 commission to include the addition oflegally existing off-premise sign structures. (f~) The limit stated in subsection (d 9) above, as may be amended by subsection (e g), shall be correspondingly reduced upon the occurrence of any of the following: (1) An existing structure is removed incident to a road widening or other public works proj ect; 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 ofthis 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 oftms subsection (f~) and shall be removed in accordance with the terms of the development agreement. (g 1) 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 f) and as amended by subsection (e g) 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 City of Winter Springs Ordinance 2006-18 Page 15 of 49 upon the number, size and orientation ofthe sign faces located upon the existing structures. From and after the effective date ofOrd. 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), 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 1) 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 ofthe provisions ofthis 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 of thirty-two (32) square feet on each side. Double-sided or "V" signs are permissible provided they are constructed with an inner angle not to exceed thirty (30) degrees. The maximum height of a sign shall not exceed twelve (12) feet unless otherwise expressly provided in this article. (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 conjunction with the City's site plan and sign permit review process City of Winter Springs Ordinance 2006-18 Page 16 of 49 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 Si~n Re~ulations Resened. 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 17 of 49 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. City of Winter Springs Ordinance 2006-18 Page 18 of 49 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 year. All banner signs shall be securely fastened to a structure in a manner to withstand weather elements commonly experienced by the City. 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. fill. 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. ,(Q) 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. (0 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. @ Termination of unlawful illumination. Upon receipt of written notification by the Code Enforcement Officer or Building Official that a sign is illuminated in violation ofthis Chapter. the owner. owner's agent. or person in control of the premises. shall immediately terminate the prohibited illumination of such sign. W 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 City of Winter Springs Ordinance 2006-18 Page 19 of 49 a permit for any sign hereby consents to the following: ill consents to complying with all provisions of this code: and ill 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. Notwithstanding anything in this chapter or code to the contrary. no sign or sign structure shall be subiect to any limitation based upon the content (viewpoint) ofthe 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 iudgment 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 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 iudgment 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. even if such severability would result in a situation where there would be less speech. whether by subiecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining to prohibited signs Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a). 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 iudgment 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 City of Winter Springs Ordinance 2006-18 Page 20 of 49 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 unconstitutionality shall not affect any other part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of section 16-57. (d) Severability ofvrohibition on Off-Premises Signs. rfany part. section. subsection. paragraph. 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 judgment or decree of any court of competent jurisdiction. the declaration of such unconstitutionality shall not affect the prohibition on off- premises 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 st1ikcout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text 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 01 pi oJect idelltificutio/l sign: 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 City of Winter Springs Ordinance 2006-18 Page 21 of49 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-premises use 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: City of Winter Springs Ordinance 2006-18 Page 22 of 49 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 excess of one hundred (100) front feet and a minimum area of ten 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 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 premises 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 arrnuals to promote color. (3) Building mounted multi-tenant identification sign for buildings with separate City of Winter Springs Ordinance 2006-18 Page 23 of 49 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-premises use b. The sign(s) shall be clearly integrated with the architecture ofthe building, 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 sign: In addition to the ground- mounted sign, a building mounted identification sign may be permitted consistent with the following criteria: a. Shall only be reserved for one (1) tenant's on-premises use City of Winter Springs Ordinance 2006-18 Page 24 of 49 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 fourteen (14) feet. e. The sign shall display only one (1) surface and shall not project more than six: twelve (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 City of Winter Springs Ordinance 2006-18 Page 25 of 49 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) 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 49 City of Winter Springs Ordinance 2006-18 Page 27 of 49 (+5 2) Permanent flags: O The following standards shall apply to permanent flags: a. One (1) flagpole may be permitted per parcel. City of Winter Springs Ordinance 2006-18 Page 28 of 49 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. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. (+8 10) 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 City of Winter Springs Ordinance 2006-18 Page 29 of 49 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 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 *** 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 if such signs or sign elements are visible from adjacent properties or a street right-of-way. (1) Ground mounted multi-tenant 01 pfuject idelltifiGatioll 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-premises use b. Shall be located no closer than ten (10) feet from front, side, or rear property lines. City of Winter Springs Ordinance 2006-18 Page 30 of 49 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 wall sign shall no.t 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. 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 City of Winter Springs Ordinance 2006-18 Page 31 of 49 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-premises 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. d. Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in excess of four (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-premises 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 twelve (12) inches from any wall. City of Winter Springs Ordinance 2006-18 Page 32 of 49 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 (100) front feet and a minimum area often 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, 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 identification sign may be permitted consistent with the following criteria: a. Shall be reserved for one (1) tenant's on-premises 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 six twelve (6 12) inches from any wall. f. Signs shall conform to the following schedule: TABLE INSET: City of Winter Springs Ordinance 2006-18 Page 33 of 49 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 (12) 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 34 of 49 (S ~) 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 35 of 49 City of Winter Springs Ordinance 2006-18 Page 36 of 49 (+51) 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 49 t (t8) 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 III, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. Section 5. Repeal of Section 20-337, City Code (Greeneway Interchange Zoning District). The City of Winter Springs Code of Ordinances, Section 20-337, set forth in the Greeneway Interchange Zoning District, is hereby repealed in its entirety as indicated below: City of Winter Springs Ordinance 2006-18 Page 38 of 49 City of Winter Springs Ordinance 2006-18 Page 39 of 49 City of Winter Springs Ordinance 2006-18 Page 40 of 49 City of Winter Springs Ordinance 2006-18 Page 41 of 49 City of Winter Springs Ordinance 2006-18 Page 42 of 49 City of Winter Springs Ordinance 2006-18 Page 43 of 49 City of Winter Springs Ordinance 2006-18 Page 44 of 49 City of Winter Springs Ordinance 2006-18 Page 45 of 49 City of Winter Springs Ordinance 2006-18 Page 46 of 49 (16) Maintenance: All signs and agsociated apparatus shall be maintained by the O"vVficr of the site. Violations shall be proccssed tluough the city's code enforccment division. (17) Nonconforming signs: a. Any sign, other than billboMds, ha.v ing an original cost in excess of one hundred dolla1s ($100.00) and which is noneonfonning as to pcrmitted sign a1ea or any other reason which would necessitate the complete. removal or total replacement ofthc sign, may be maintained a period of from one (1) to fivc (5) ycars from the effective date of these design standa1ds. The tcrm ofyeaIs to bc dctermined by the cost of the sign or of renovation, including installation cost, shall be as follows. TABLE INSET: Sign Cost or Renovation Cost Permitted Years from Effective Date of Design Standards $0 $3,000 Over $10,000 $3,001 $10,000 r- b. Violations shall be subject to Chapter 2, Article 3, Di.,:ision 2, Code Enforcement, City of Winter Springs Code of Ordinances. (18) Greene.Nay' District Gateway Identification Sign. One (1) architectural feature may be located adjacent to the Greeneway right-of-way within the northeast quamant of the district that identifies the Overall Grecnway Intcrchange development e011sistent with the following. a. Maximum height of thirty five (35) feet as measured abo.v'e existing grade -Nithout a conditional usc being granted by the city commission. b. Copy area can only identify the name of the overall development and the City of \Vinter Springs. e. Consistent in design and materials with the Mehiteeture of the 0 v crall de .-clopment. d. No part of the Mehitcetural feature may be designed, dc-v'ised, or constructed so as to rotate, spin, gyrate, tmn or mOve in any animatGd fashion. Thc archite:ctmal featme shall not incorporate reflective materials 50 as to create the appGa1anee of motion. e. In no vvay shall this architectural f'Cature resemble an outdoor act-vertising sign (billboa1d). City of Winter Springs Ordinance 2006-18 Page 47 of 49 f. The words "\Vinter Springs" shall be incorporated into thc sign. Section 6. 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 7. 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 8. 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 9. 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. [Adoption Page to Follow] City of Winter Springs Ordinance 2006-18 Page 48 of 49 ADOPTED by the City. Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 23rd day of October, 2006. John F. Bush, Mayor Attest: Andrea Lorenzo-Luaces, City Clerk Approved to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: October 9, 2006 Second Reading: October 23, 2006 Effective Date: See Section 9. City of Winter Springs Ordinance 2006-18 Page 49 of 49