The URL can be used to link to this page

Home My WebLink About2003 11 10 Public Hearings 403 First Reading - Ordinance 2003-06 Regulation of Signs COMMISSION AGENDA ITEM 403 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR November 10, 2003 Meeting MGR. IDEPT Authorization /? REQUEST: The Community Development Department and the Office of the City Attorney request the City Commission consider First Reading of Ordinance 2003-06, relating to the regulation of signs (particularly the use of exposed neon tubing) within the State Road 434 corridor including the Greeneway Interchange Zoning District. APPLICABLE LAW AND PUBLIC POLICY: Section 2(b), Art. VIII of the Florida Constitution. 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 along SR 434 and the Greenway Interchange District, to ensure consistency and to ensure the following: (1) The following are prohibited: 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 434 Corridor, relating to new development and redevelopment. This ordinance makes the use of neon consistent within the 434 Corridor and Greenway Interchange District; However, the attached Ordinance does not include the Town Center m\ ~ November 10, 2003 Public Hearing Agenda Item 403 District (Section 20-327 (f)), or other parts of the City (Section 16-57). 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. 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 which gives the appearance of motion. Exposed neon tubing is currently used along SR 434 only as window 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 feet. 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. 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. No other backlit awnings were observed. Backlit awnings are appropriate in industrial areas of the City but are not appropriate along SR 434. The revised signage code should prohibit backlit awnings in the future along SR 434. 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 First Reading of Ordinance 2003-06, amending the Code relating to the regulation of signage along SR 434 and the Greeneway Interchange District. ATTACHMENTS: Table A- Table B- C- D- E- F- Existing Neon Sign age in the Redevelopment Overlay Zone on S.R. 434 Existing Neon Sign age in the New Development Area on S.R. 434 Examples of Windows Outlined in Neon Along S.R. 434 Examples of Neon Window Sign age over Four Square Feet Examples of Neon Window Signage under Four Square Feet and Boomerang's Backlit Awning Ordinance 2003-06 COMMISSION ACTION: C) crw C) VI VI Z ;:Z ~~oJ ;:ch VI ~~ OC) Z ;:zoJ We:( z g~.t gi5.t oz z iiilL 8!:2lL ~!:2 C) ~ :!:ti3 Z~ CI' ziil3 Zlll CI' Z..J iii ~Olll ~~oot ~Wlll ~~ e:(lIl C) 5 ;:;:)oot ;:)oot Ooot lLti zo" zocr ~~:; z5cr zj:! Zw z :.: ~~~ OO!!t ~ffi!!t ~~ 5 0 TABLE A- EXlSTING NEON SIGNAGE ~~l ~;:) 0 ~ Zl1.:> ~fo ZlIlO zo ZlIl :Ii 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 VI C) D::w C) ~ ~VI ~~.. Z OC) ~Z ~~ Z 8~it ~C).. 8z" ~~ Z Z 8iii'" 12... c)... (j.12 C) ~ ZI-$ ZI-$ ZUl.,. ziii .,. z::l iii leg. leg. lEWUl lEWUl lE~ <<Ul C) t: u. u. ...tu Z .... ze~ zeD:: ~~~ Z5D:: zF:! Zw ll:: @~~ @~~ @ffi~ @::l @j!: ~ u TABLE B- EXISTING NEON SIGNAGE ww~ ill z0..5 ZlLO ZUl::l ZUlO zO ZUl :ll 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 Springs Centre) 128 West SR 434 1 Naploli's- (Winter Springs 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'D' EXAMPLES OF NEON WINDOW SIGNAGE OVER 4 SQUARE FEET Al'ONG S.R. 434 \J \ ,\1,",',',.". ,,_ \. \. , -, \ \ , 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 November 10, 2003 Public Hearing Agenda Item 403 ATTACHMENT "F" Ordinance 2003-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE :REGULATION OF SIGNS WITHIN THE STATE ROAD 434 CORRIDOR INCLUDING THE GREENEW A V INTERCHANGE ZONING DISTRICT; PROVIDING TBA T 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 ~ 2(b), Art. VITI 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 State Road 434 Corridor and Greeneway Interchange Zoning District; and WHEREAS, the City Commission of the 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 Springs. NOW, THEREFORE, THE OTY COMMlSSION 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. Seetion 2. Code Amendment. The City ofWinter Springs Code Sections 20-337, 20- 470 and 20-486 are hereby amended as foUows: (underlined type indicates additions and strikeOut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance1oftext 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). A See. 20-337. Signs. All signs and sign elements, including shape, fonn, lighting, materials, size, color and location ..('.' - Cily ofWinlm' Spring..'l Ordinnnllc No.200J.06 P8ec J of ~ shall be subj ect to approval by the development review committee if such signs or sign elements are visible from adjacent properties or a street right-of-way. jt IIIl IIIl (8) Backlit signs: Backlighting of signs, induding awning siBils, shall be permitted, provided that should neon lightinR be utilized the neon tubing shall not be exposed. (9) Window sign.\': 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 eXQosed neon tubing for the advertising of products or services Qrovided the size of the sigo 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 arc permanently attached. The use of neon tubing to outline buildings. windows or doors shall be prohibited. '" :It oil (J 3) 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 refloGtiv~ materials so a'5 to (;nate the appGManCC ,of motion Oi exoosed neon tubing. exceJ>t as allowed in subsection (9) above. . ,., !It .Q... Backlit awnin~ silpls. ,. . . B. See. 20-470/ Signs. All signs and sign elements, including shape, form.1ighting, 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. ' * ~ .. (3) Building m01mted multi-tenant identification sign for buildings with separate City ofWintcr Spring:~ Ordinance NO.2003-06 PasP 2 of S exterior tenant entrance.\': Tn 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 (t) 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 format, and materials with the architecture of the proposed buiJding. it it it (8) Backlit signs: .Backlighting of ~~n:ilJg sjgns shall be prohibited permitted. provided that should neon lighting be utilized the neon tubing shall not be e~osed. (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 ofmcrchandise when incorporated with such a display. Such window signs may utilize eXRosed neon tubing for the advertising of oroducts or services provided the size of the sign is less than or equal to four (4) square feet. The total area of all window sihTfls, 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 .nrohibited. 'It 'It '" (14) Prohihilt?d 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 rdlc.cti ve mate. ~als so as to create the appcara1JC<. of motion o. e{(P.osed neon tubingL except as allowed in subsection (9) above. ;/I: * * .Q." ; Backlit awning signs. c. 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 ifsuch signs or sign elements are visible from adjacent properties or a street right-of-way. City ofWintcr Spring.~ Otdinam:e NU.2003-06 Pagc3 of 5 " * ,. (8) Back/it signs: Backlighting of signs, indudiTlg ZlWTllng SighS, shall be peJ1l)itted. 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 establislunents such as signs inside and on a window or in a display of merchandise when incorporated with such a display. Such window si@s mav utilize eXDosed neon tubin~ for the advertising of products Qr 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. * * " (14) Prohibited signs: The following signs andlordevices 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 any material to create the apDearance of motion. Signs shall not incorporate or rdl(!,Gtive m~terjMS so-as to create tho appea:fat'lce or motion exposed noon tubing, exceot as allowed in subsection (9) above. * It 1Il .Q... Backlit awning signs, IIr * It Section 3. 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 confli.ct. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified-as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause. phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction. whether for substantive. procedural, or any other reason. such portion shall be deemed a separate. distinct and independe'nt provision. and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon City of Winter Springs Ordinance No.2003-06 I'lIgc4of S adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs. Florida., in a regular meeting assembled on the _ day of . 2003. ATTEST: JOHN F. BUSH Mayor ANDREA LORENZQ-LUACES City Qerk Approved as to legal form and sufficiency for the City ofWmter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: C:\Docun)omC$ - Sett1nItJ\Anthon)'\My Docummtll\s\nlJloft)l\Work\C1.lent Mattcn\Wlnh:r SprlnplNeon_Sll'I_ 434_ Greenwoy_Ord.wpd i City of Winlcr Springs Ordinance NO.200J-06 Page 5 or 5