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HomeMy WebLinkAbout2011 12 07 Public Hearings 500 Ordinance 2011-15 Chapter 16 RevisionsPLANNING & ZONING BOARD AGENDA ITEM 500 December 7, 2011 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Planning and Zoning Board hold a public hearing to consider Ordinance 2011 -15, which revises Chapter 16, Signs and Advertising, of the City's Code of Ordinances. SYNOPSIS: Ordinance 2011 -15 proposes changes to Chapter 16 of the City's Code of Ordinances to allow greater opportunity for local businesses and residents to advertise certain events associated with the operation of their businesses and for the placement of temporary signs on property owned by a homeowners association. The changes that are proposed are to Section 16 -60, Supplemental Temporary Sign Requirements, and Section 16 -87, banners. The changes are being considered since the current economic climate is causing many businesses and residents to seek additional ways to advertise in the community in the event of a grand opening, garage sale or similar event. Based on this situation, staff is proposing Ordinance 2011 -15 for consideration to address the need for additional advertising. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15 Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 16, Signs and Advertising CONSIDERATIONS: Ordinance 2011 -15 proposes several changes to Chapter 16 of the Code of Ordinances, specifically to Section 16 -60, Supplemental Temporary Sign Requirements, and Section 16 -87, Banners. The following changes to Section 16 -60, Supplemental Temporary Sign Requirements are being proposed: December 7, 2011 Planning & Zoning Board, Item 500 Page 2 of 3 1) Permit temporary signs to be erected in one or more designated common areas of a residential subdivision that is owned and maintained by a homeowners association provided the property owner obtains permission from the homeowners association as required by law and the association's covenants and rules. 2) Allow balloons only to be utilized for a grand opening period not to exceed 30 days. The balloon cannot rise to a height of more than 25 -feet above the roof of the building to which it is attached. If the balloon is anchored into the ground, it cannot exceed 25 -feet in height above the ground. Currently, Section 16 -87 permits one (1) banner sign per commercial, industrial, and multi - family property provided the banner sign does not exceed 64 square feet in area and is not erected for more than 45 calendar days per calendar year. This provision of the Code applies citywide, including in the Town Center. Many businesses in the Town Center occupy 2 frontages, and the current language within this section requires these businesses to forego a banner sign on one of their frontages, which is often the frontage that is internal to the Town Center. One ma j or event that businesses petition the City to erect additional signage beyond the purview of the Code is during their respective grand opening phase. Several proposals have included flags, which are not permitted in the current Code. The following changes to Section 16 -87, regarding banner signs are being proposed: 1) Permit one (1) banner sign per building facade with a maximum of two (2) banner signs permitted per business. 2) Continue to permit banners to be erected no more than 45 calendar days per calendar year. This period can now be segregated into 4 lesser time periods per calendar year, provided the total number of days does not exceed 45 calendar days per calendar year. 3) Permit one (1) additional banner sign per grand opening for new businesses, not to exceed 30 days, in addition to those described above. 4) Permit flags to count as one (1) banner sign, and permit a maximum of three (3) flags to be erected per premises. Each flag cannot exceed 35 square feet in area and 12 -feet in height. 5) Allow the City Manager to issue a banner permit for an additional time period exceeding the 45 day limitation if the applicant demonstrates, in writing, good cause or a hardship related to legitimate business needs and goals. for a hardship, or good cause shown, that must be substantiated by the applicant to the City Manager's satisfaction. FISCAL IMPACT: None. December 7, 2011 Planning & Zoning Board, Item 500 Page 3 of 3 COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media /press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the City Commission for Ordinance 2011 -15, which revises Chapter 16, the Signs and Advertising Chapter of the City's Code of Ordinances. ATTACHMENTS: A. Ordinance 2011 -15 Attachment " A " ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 16, OF THE CITY CODE REGARDING BANNERS AND TEMPORARY SIGNS; 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 § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to revise the existing sign code to allow greater flexibility to City businesses and citizens with respect to temporary signs; and WHEREAS, during the current economic climate, providing businesses with additional opportunities to use temporary signs will provide businesses with a low cost effective way to attract customers and to maintain their businesses within the City limits; and WHEREAS, the City's effort to adopt reasonable policies that assist in attracting and retaining businesses within the City serves a legitimate governmental purpose and is consistent with the economic development goals of the City; and WHEREAS, the City Commission desires to revise the existing sign code related to certain prohibited signs; 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 CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. Chapter 16 of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended as follows ( underlined type indicates additions and str-ikeetrt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 16. It is intended that the text in Chapter 16 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. 2011 - Page 1 of 5 CHAPTER 16 - SIGNS AND ADVERTISING ARTICLE III. SIGNS DIVISION 1. GENERALLY Sec. 16 -57. Prohibited Signs. The following signs are hereby prohibited: (8) Balloon displays' except to the limited extent permitted in section 16 -60. Sec. 16 -60. Supplemental temporary sign requirements. (a) 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). However, in cases where the temporary on- premises sign is advertising products or services for sale on the property, the temporary sign may only be erected during the time period when a person may actually purchase the products or services on the property. In addition, temporary off - premises signs shall be governed by the time limits set forth in subparagraph (g). Q (b4On property zoned residential or used for residential purposes, no temporary sign shall exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed four (4). Temporary signs authorized by this section may be erected in one or more designated common areas of the residential subdivision that is owned and maintained by a homeowners association provided such signs meet all applicable requirements of this section. The property owner is responsible for obtaining permission from the homeowners association as may be required by law and the association's covenants and rules. (3,) (-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 any one non - residential property shall not exceed thirty -six (36) square feet. However, on property with multiple commercial tenants, each tenant may erect one temporary sign on or facing each street frontage adjacent to the property even if the total square footage of temporary signage for the entire property exceeds thirty -six square feet. City of Winter Springs Ordinance No. 2011 - Page 2 of 5 (4,) (4) 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. (€) 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 projects. 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 project has been completed, suspended, or abandoned for at least three (3) months. (g) Temporary off - premises signs may be erected upon issuance of a permit by the city, provided the temporary off - premises sign(s) meets the following conditions: L,�J(4) The sign may only be erected on property during weekends and national holidays between the hours of 8:30 a.m. and 5:30 p.m. (2)The sign may only be located within one (1) mile of the activity, event or place being displayed or promoted on the sign, and the activity, event or place so displayed or promoted on the sign shall be required to be located within the jurisdictional boundaries of the city. (�) The owner of the property on which the sign will be erected has consented to the placement of the sign. However, the property owner shall not allow more than four (4) temporary off - premises signs on any one property. LIPJ (4) The size, height, and placement of the sign shall comply with the requirements set forth in this section. (E,) (5} No sign shall be erected on or within any right -of -way. 0)- Any permit issued for an individual property under this subsection shall have a maximum duration of forty -five (45) consecutive calendar days. If the permit is for purposes of promoting a specific activity or event, there shall be a maximum one - permit limit for each activity or event, provided, however, there shall also be a two - permit limit per calendar year for any particular place of business or residence. Special events which are sponsored or cosponsored by the City of Winter Springs Ordinance No. 2011 - Page 3 of 5 city, county or school district, and which are intended to be open to the general public and community at -large using public facilities, shall not be subject to the two - permit limit. Balloon Displays. Notwithstanding any other provision of this Code, balloon displays may be utilized for a agr nd opening period not to exceed thirty (30) days. Any such balloon display shall not be more than twenty -five (25) feet above the roof to which it is attached. If the balloon display is not attached to a roof, it shall not exceed twenty -five (25) feet in height above the ground. DIVISION 2. STANDARDS Section. 16 -87. Banners. (a) Nonresidential Property. One banner sign per building facade, with a —A maximum of two 2 one (1) on- premises banner sign per business may be erected on commercial, industrial, or multi - family zoned property provided that the banner(s) does not exceed sixty -four (64) square feet and are i-s not erected for more than forty -five (45) calendar days during any one calendar year. This forty -five 45) day period may be divided into four 4) lesser time periods, provided that the total number of days does not exceed forty -five days per calendar year. In addition, for bona fide rag nd openings of a new business, the new business shall be permitted to have one additional banner for a maximum period of time of thirty (30) calendar days. A maximum of three flags may be erected in lieu of banners authorized by this section, provided each flag shall not exceed 35 square feet in area and 12 feet in height. For non -grand opening signs, the City Manager is authorized to issue a banner permit for an additional time period exceeding the forty -five day limitation if the applicant demonstrates, in writing, good cause or a hardship related to legitimate business needs and goals. Residential Property. 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. CcJ Town Center. With respect to property zoned Town Center, the size and time requirements set forth in this section shall be determined based on whether the property is being used or permitted for commercial, multi - family, or residential purposes, with vacant, un- permitted property within the Town Center being treated as commercial. All City of Winter Springs Ordinance No. 2011 - Page 4 of 5 banner signs shall be securely fastened to a structure in a manner to withstand weather elements commonly experienced by the city. 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 conflict. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2012. ATTEST: CHARLES LACEY, Mayor 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 No. 2011 - Page 5 of 5