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Home My WebLink About2003 12 08 Public Hearings 403 Second Reading - Ordinance 2003-06 Sign Regulation COMMISSION AGENDA ITEM 403 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR December 8, 2003 Meeting 12--- )~ MGR.II r IDEPT Authorization REQUEST: The Community Development Department and the Office of the City Attorney request the City Commission consider Second Reading/Adoption of Ordinance 2003-06, relating to the regulation of signs (particularly the future use of exposed neon tubing) within the City. APPLICABLE LAW AND PUBLIC POLICY: Section 2(b), Art. VIII of the Florida Constitution. Section 16-57 of the City Code, relating to signs Section 20-337 of the City Code, relating to signs, Greeneway Interchange district Section 20-470 of the City Code, relating to signs, new development, within the 434 Corridor. Section 20-486 of the City Code, relating to signs, redevelopment, within the 434 corridor. PURPOSE: The attached Ordinance amends sections of the City Code relating to signs within the City, to ensure future consistency and to ensure the following: (1) The following would be prohibited in the future: a- the use of neon tubing to outline buildings, windows or doors; b- backlit awning signs; c- signs employing materials that create the appearance of motion; (2) Window signs with exposed neon tubing advertising products or services may be utilized provided the sign is less than four square feet; (3) Neon may be used on signs for back lighting purposes, providing the neon tubing is not exposed. CONSIDERATION: The current code provides conflicting standards for the use of neon tubing within or upon signs in the City. This ordinance makes the use of neon in the future consistent within the City with the exception of the Town Center District (Section 20-327 (f). Neon is specifically encouraged for use in the Town Center (see Section 110-327(f), City code) although such use is subject to architectural review of the City. @ December 8, 2003 Public Hearing Agenda Item 403 The Community Development Department conducted a visual survey of existing businesses along S.R. 434 in April 2003, for the purpose of relaying information to the Commission regarding current use of exposed neon tubing, backlit awnings, and sign age that gives the appearance of motion. Exposedneon tubing is currently used along SR434 only as windo~v signage. No fa<,:ade or street signs are incorporating neon. All but four (4) of the fifty-three (53) exposed neon tubing window signs are under four (4) square fiet. Those businesses utilizing the most neon signs generally are restaurants, liquor stores, and food stores, particularly Boomerang's (12), Winter Springs Food Mart (8), USA Discount Beverage (4), Napoli's (4) and Kash n Karry Liquor Store (3). Otherwise businesses are utilizing only one or two neon window signs. Two businesses have used neon tubing to edge their windows. This effect gives the business an eerie glow that should be prohibited in the future. Backlit awnings are currently allowed in the Redevelopment area but prohibited in the New Development area. Boomerang's, located at 350 S.R. 434 (in the Badcock Center) has a brand new backlit awning that is in compliance with current code. No other backlit awnings were observed. The revised signage code should prohibit backlit awnings in the future. The existing Boomerang awning (which is currently allowed by Code), should be allowed to remain as non- conforming signage. Signage which gives the appearance of motion is currently not being used along SR 434. The data has been compiled into tables which are attached. Supporting photographs are also attached. RECOMMENDATIONS: Staff recommends that the City Commission hold a Public Hearing for Second Reading/ Adoption of Ordinance 2003-06, amending the Code relating to the regulation of signage, particularly the future use of exposed neon tubing. ATTACHMENTS: Table A- T able B- C- D- E- F- Existing'Neon Signage in the Redevelopment Overlay Zone on S.R. 434 Existing Neon Signage in the New Development Area on S.R. 434 Examples of Windows Outlined in Neon Along S.R. 434 Examples of Neon Window Signage over Four Square Feet Examples of Neon Window Sign age under Four Square Feet and Boomerang's Backlit Awning Ordinance 2003-06 COMMISSION ACTION: Cl O::w Cl V, v, ;:v, ;: ~ . Z OCl ;:Z ;: ~ . ;:i= Z We( Z o Cl . 8u;it OZ . g\2CL 0:1: ez Z ~ OU;LL cS2it eCl e(Cl Cl ZI-CT ZI-CT Zen CT Zen CT Z::J 0-- Cii ~uen ~uen ~wen ~wen ~~ e(en Cl I- :;)'" :;)... U... U'" u..1- ::J ze~ zeo:: ~~~ ~~ffi Z::J ZW Z :.:: fi3~~ oow 01- OW :> u TABLE A- EXISTING NEON SIGNAGE wa::> ww'g ww> w:;) w~ 0 e( ZOO:> ZOoO zen:> zenO zo zen :0 CD New Development Area on SR 434 Hess- 1501 East SR 434 1 - - - - - Fashion Nails- 1491 East SR 434 2 1 1 - - - - Li Jings- 1491 East SR 434 #105 1 - - - - - - - Cleaners at Kash N Karry- 1491 East SR 434 #104 2 - - Kash N Karry liquor Store- 1491 East SR 434 #102 3 - - - - - - - - - - - - Eckerds- 780 East SR 434 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOTAL. SR 434 New Development Area 3 3 3 0 1 0 0 0 - - l.:l D::UJ l.:l rh rh ;:rh ;: ~ . Z Ol.:l ;:t= Z ;:Z ;: t5 . UJ< Z 8~U: gUiLt OZ . 8S::!Li: 0:1: oz Z ;: cQLi: oS::! ;3.S::! l.:l Z I- C' ZI-C' Z Ul C' Z Ul C' z-' iii < ~UUl ~UUl ~l:l~ ~UJUl ~~ <Ul l.:l I- :)'" :)... U'" ...tij :J ZO~ ZOD:: ~~~ ~~ffi Z:J ZUJ Z ~ @~~ oOUJ 01- OD:: :;; U TABLE B- EXISTING NEON SIGNAGE UJD::> ww'g UJUJ> UJ:) UJI- 0 < ZQ.::l ZQ.O ZUl::l ZUlO ZO ZUl ::;; III ReDevelopment Area Overlay on SR 434 051 Sub Shop- West SR 434 1 - - - - - - - Avant Beauty Salon- West SR 434 1 1 - - - - - - - - - - - - - - Winter Springs Food Mart- 147 West SR 434 5 3 - - - - - - - The Appliance Store- 153 West SR 434 1 - - - - - - - - - - Speedy Quick- 155 West SR 434 2 - - Hair Styling- West SR 434 1 - - - - - - - - - - - - - - Cleaners- (Winter Springs Centre) West SR 434 1 - - - China Kitchen- (Winter Springs Centre) West SR 434 1 - - - - - - - LoJo's Subs- (Winter Springs Centre) 162 West SR 434 1 - - - - - - - USA Discount Beverage- (Winter Springs Centre) 158 West SR 434 3 1 1 - - - - - Kuts & Kurls (Winter SprinQs Centre) 128 West SR 434 1 - - - Naploli's- (Winter SprinQs Centre) 122 West SR 434 3 1 - - - - - - - - - - - Victorio's II Pizzeria- (BadCOck Center) 200 East SR 434 2 - - - KRC Exotic Birds- (Badcock Center) East SR 434 1 1 . - - - - - - Badcock Fumiture- (Badcock Center) 300 East SR 434 1 - - - - - - - Boomerang's- (Badcock Center) 350 East SR 434 12 - - - - - - - - Matrix Tan- 670 East SR 434 1 - - - - - - - TOTAL. SR 434 Overlay ReDevelopment Area 26 1 18 0 1 0 0 0 - - - ATTACHMENT C EXAMPLES OF WINDOWS OUTLINED IN NEON ALONG S.R. 434 Two businesses along SR 434 in Winter Springs are currently utilizing neon to outline their windows. Photos from these businesses are included below. USA Discount Beverage @ Winter Springs Centre 158 West SR 434 Fashion Nails @ Kash N Karry 1491 East SR 434 ATTACHMENT '0' EXAMPLES OF NEON WINDOW SIGNAGE OVER 4 SQUARE FEET ALONG S.R. 434 Neon Window Signage (Larger than 4 Square Feet) Eckerd's - 780 East SR 434 Tasteful Neon Window Signage (Larger than 4 Square Feet) KRC Exotic Birds at Badcock Center Neon Window Signage (Larger than 4 Square Feet) ATTACHMENT 'E' EXAMPLES OF NEON WINDOW SIGNAGE UNDER FOUR SQUARE FEET ALONG S.R. 434 Tasteful display of Three (3) Neon Window Signs (Each Under 4 Sq. Ft .) Kash N Karry Liquor Store - 1491 East SR 434 (~ ~ Typical Liquor Signs (Each Under 4 Sq. Ft.) Neon-Look Type Signage LoJo's Subs - 162 West SR 434 Eight (8)Neon Window Signs Window Signage is in Violation of Section 20-486 (9) Covering More Than 20% of the Windows ATTACHMENT 'E' EXAMPLES OF NEON WINDOW SIGNAGE UNDER FOUR SQUARE FEET ALONG SR 434 Four (4 )Neon Window Signs Window Signage is in Violation of Section 20-486 (9) Covering More Than 20% of the Windows USA Discount Beverage - 158 West SR 434 Backlit Awning (New) and Tasteful Display of Twelve (12) Neon Window Signs (Each Under 4 Sq. Ft .) Boomerang's- 350 East SR 434 ATTACHMENT "F" Ordinance 2003-06 ORDINANCE NO. 2003-06 AN ORDINANCE OF THE CITY COMMISSION OF, tHE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE REGULATION OF SIGNS WITHIN THE CITY OF WINTER SPRINGS; PROVIDING THAT EXPOSED NEON SIGNS SHALL BE PROHIBITED UNLESS OTHERWISE PROVIDED; PROVIDING FOR THE USE OF NEON FOR BACKLIGHTING OF PERMITTED SIGNS; PROVIDING FOR THE REPEAL OF ,PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article vm, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to clarify the City Code regarding the use of exposed neon signs within the City of Winter Springs; and WHEREAS, the City Commission finds that the proliferation of exposed neon may have an " adverse aesthetic effect on the community without appropriate restrictions and regulations; and WHEREAS, the regulation of aesthetics is an appropriate police power vested in the City; 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 Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Section 16-57, is hereby amended as follows (underlined type indicates additions and st1:ikcont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance oftext existing in Section 16-57. It is intended that the text in Section 16-57 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Winter Springs Ordinance No. 2003-06 Page 1 of 6 Sec. 16-57. Prohibited signs. The following signs are hereby prohibited: * * * .Ql) 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. Ql) Backlit awning signs. Section 3. Code Amendment. The City of Winter Springs Code Sections 20-337, .20- 470 and 20-486 are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 20-337. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the development review committee if such signs or sign elements are visible from adjacent properties or a street right-of-way. * * * (8) Backlit signs: Backlighting of signs, induding awning signs, shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Window signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise when incorporated with such a display. Such 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. The total area of all window signs, shall not exceed twenty (20) percent ofthe window glass area to be calculated separately for each separate storefront. Window signs shall count against total allowable copy area if they are permanently attached. The use of neon tubing to outline buildings. windows or doors shall be prohibited. * * * City of Winter Springs Ordinance No. 2003-06 Page 2 of 6 (13) Prohibited signs: The following signs and/or devices are prohibited in the corridor. a. Any sign or part of a sign which is designated, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion or incorporate any materials to create the appearance of motion. Signs shall not incorporate rcflcctive materials 50 as to create the appCaIancc of motion 01 exposed neon tubing, except as allowed in subsection (9) above. * * * o. Backlit awning signs. * * * Sec. 20-470. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subjectto approval by the design review board if such signs or sign elements are visible from adjacent properties or a street right-of-way. * * * (3) Building mounted multi-tenant identification sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. b. The sign(s) shall be clearly integrated with the architecture of the building, and shall be consistent in design, format fOlinat, and materials with the architecture of the proposed building. * * * (8) Backlit signs: Backlighting of awning signs shall be prohibited permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Window signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise City of Winter Springs Ordinance No. 2003-06 Page 3 of 6 when incorporated with such a display. Such 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. The total area of all window signs, shall not exceed twenty (20) percent ofthe window glass area to be calculated separately for each separate storefront. Window signs shall count against total allowable copy area if they are permanently attached. The use of neon tubing to outline buildings. windows or doors shall be prohibited. * * * (14) Prohibited signs: The following signs and/or devices are prohibited in the corridor. a. Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion or incorporate any materials to create the appearance of motion. Signs shall not incorporate or Icflccti vC materials so as to create the appeaIance of motion or exposed neon tubing. except as allowed in subsection (9) above. * * * o. Backlit awning signs. 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 design review board if such signs or sign elements are visible from adjacent properties or a street right-of-way. * * * (8) Backlit signs: Backlighting of signs, including awning signs, shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Window signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise when incorporated with such a display. Such 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. The total area of all window signs, shall not exceed twenty (20) percent of the window glass area to be calculated separately for each separate storefront. Window signs shall count against total allowable copy area if they are permanently attached. The use of neon tubing to outline buildings. windows or doors shall be prohibited. City of Winter Springs Ordinance No. 2003-06 Page 4 of 6 * * * (14) Prohibited signs: The following signs and/or devices are prohibited in the corridor. a. Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion or which incorporates anvmaterial to create the appearance of motion. Signs shall not incorporate or lefleeti ve materials so as to eleate the appeatanee of motion exposed neon tubing. except as allowed in subsection (9) above. * * * o. Backlit awning signs. * * * Section 4. 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 5. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2003-06 Page 5 of 6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2003. 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: F:\Docs\City of Winter Springs\Ordinances\Neon Signs\Neon_Signs_ll-ll-03.wpd City of Winter Springs Ordinance No. 2003-06 Page 6 of 6