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HomeMy WebLinkAbout2013 01 14 Regular 601 Ordinance 2011-15 Sunset ReviewCOMMISSION AGENDA ITEM 601 January 14, 2013 Regular Meeting Informational Consent Public Hearings Regular X KS RS City Manager Department REQUEST: The Community Development Department — Planning Division is providing the City Commission with information regarding Ordinance 2011 -15, which revised Chapter 16, Signs and Advertising, of the City's Code of Ordinances. SYNOPSIS: Ordinance 2011 -15 incorporated 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 initiation and operation of their businesses and for the placement of temporary signs on property owned by a homeowners association. The changes approved were to Section 16 -60, Supplemental Temporary Sign Requirements, and Section 16 -87, banners. These changes were approved as many businesses and residents sought additional ways to advertise in the community in the event of a grand opening, garage sale or similar event. At the January 23, 2012 City Commission meeting, these revisions were approved. Ordinance 2011 -15 includes a provision requiring it be brought before the City Commission no later than one (1) year from the effective date for a sunset review in order to allow the City Commission to discuss the effectiveness of the Ordinance and whether or not the Ordinance should remain the same or be modified or repealed. CONSIDERATIONS: APPLICABLE LAW, PUBLIC POLICY, AND EVENTS • Florida Statutes 163.2511- 163.3246 (Provides that land development regulations for Regular 601 PAGE 1 OF 4 - January 14, 2013 municipal planning be consistent with the Comprehensive Plan) • 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 Ordinance 2011 -15 incorporated 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 were approved: • Clarified that temporary signs can be erected in one or more designated common areas of a residential subdivision that are owned and maintained by a homeowners association provided the applicant obtains permission from the homeowners association as required by law and the association's covenants and rules. • Allowed balloons only to be utilized for a grand opening period not to exceed 45 days. Balloons 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. • Additionally, balloon displays may be permitted subject to the following: • No more than one (1) balloon per business /development grand opening for a period not to exceed 45 days may be permitted. • Balloons cannot exceed a height of more than 25 -feet above the roof of the building to which it is attached. If the balloon is not attached to a roof, it cannot exceed 25 -feet in height above ground level. • Balloon displays comprised of tethered balloons cannot exceed 100 -feet in height above the ground. At the discretion of the Community Development Director, this height allocation may be reduced based upon site conditions such as trees, aerial utility lines, adjacent roadways, or other circumstances warrant, in order to ensure the safety and welfare of the public. Tethered balloon displays shall not be displayed between dusk and dawn each day or on excessively windy days when the wind causes the display to be offset more than 30- degrees from vertical. • Balloon displays secured by a cable, cord or rope may have small pennants attached thereto for visibility purposes, but shall not contain additional advertising. Prior to the approval of Ordinance 2011 -15, Section 16 -87 permitted one (1) banner sign per commercial, industrial, and multi - family property provided the banner sign did not exceed sixty -four (64) square feet in area and was not erected for more than 45 calendar days per calendar year. This provision of the Code applied citywide, including in the Town Center. Regular 601 PAGE 2 OF 4 -January 14, 2013 The following changes to Section 16 -87, regarding banner signs were approved: • One (1) banner sign per building facade with a maximum of two (2) banner signs is permitted per business. • Banner signs can be erected 45 days per each quarter of the year. This time period can be consecutive over two (2) quarters provided the applicant renews the permit prior to the expiration of each 45 day period. • One (1) additional banner sign per grand opening for new businesses, not to exceed 45 days, in addition to those described above can be permitted. • Flags can count as one (1) banner sign, and a maximum of three (3) flags can be erected per premises. Each flag cannot exceed 35 square feet in area and 12 -feet in height. • Allows 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, or good cause shown, that must be substantiated by the applicant to the City Manager's satisfaction. Each request will be evaluated on a case -by -case basis. Since the passage of Ordinance 2011 -15, Staff has conferred with Code Enforcement. There are no indications the changes that were approved in Ordinance 2011 -15 have created any chronic problems in either application or enforcement efforts. Additionally, several business have taken advantage of the provisions contained in the ordinance. FISCAL IMPACT: There is no immediately apparent fiscal impact to the city based upon retention of the changes made via Ordinance 2011 -15. Businesses that have employed the additional signage options contained in the Ordinance have more tools at their disposal for advertising their businesses to the public, thereby increasing their chances of success. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Regular 601 PAGE 3 OF 4 -January 14, 2013 RECOMMENDATION: Staff recommends the City Commission provide direction whether to: 1) keep all provisions of Ordinance 2011 -15 in the City's Code of Ordinances in place which are now incorporated into Chapter 16, the Signs and Advertising Chapter of the City's Code of Ordinances; or, 2) make revisions to the provisions of Ordinance 2011 -15 as deemed appropriate by the City Commission, which will require two (2) public hearings before the City Commission for approval; or, 3) sunset all provisions contained in Ordinance 2011 -15 and return Chapter 16 of the Code of Ordinances to the language as it existed prior to adoption of Ordinance 2011 -15, which will require two (2) public hearings before the City Commission for approval. ATTACHMENTS: A. Ordinance 2011 -15 Regular 601 PAGE 4 OF 4 -January 14, 2013 ORDINANCE NO. 2011-15 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, 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 stfikeeut 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 -15 Page 1 of 6 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. Lai In addition to any other applicable provision of this article and code, the following minimum standards shall apply to all temporary signs: ()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). On 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. {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 -15 Page 2 of 6 a) (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. L5j (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 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: (A) (1) 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. (B) ()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. (C) (-3-) 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. (D) ('1) 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. (F) (6) 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 -15 Page 3 of 6 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. (b) Balloon Displays. Notwithstanding any other provision of this Code, balloon displays may be permitted subject to the following: LU Balloon displays may only be permitted for one (1) grand opening period not to exceed forty -five (45) calendar days. (j Balloon displays shall not exceed twenty -five feet (25') in height 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 ground level. Balloon displays comprised of tethered balloons shall not exceed one hundred feet (100') in height above ground level. At the discretion of the Community Development Directors this height allocation may be reduced or the balloon permit application may be denied if site conditions such as trees, aerial utility lines, adjacent roadways, or other circumstances warrant, in order to ensure the safety and welfare of the public. Tethered balloon displays shall not be displayed between dusk and dawn each day or on excessively windy days where the wind causes the display to be offset more than 30 degrees from vertical. (l Balloon displays secured by a cable, cord or rope may have small pennants attached thereto for visibility purposes, but shall not contain additional advertising. DIVISION 2. STANDARDS Section. 16 -87. Banners. (a) Nonresidential Property. One banner sign per building facade, with a-4 maximum of two (2) one (1) on- premises banner signs 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 is not erected for more than forty -five (45) calendar days during any one calendar quarter year. In addition, 45 -day periods may occur consecutively over two (2) quarters provided the applicant renews the permit prior to the expiration of each 45 -day period. For bona fide grand openings of a new business, the new business shall be permitted to have one additional banner for a maximum period of time of forty -five (45) 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 City of Winter Springs Ordinance No. 2011 -15 Page 4 of 6 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 (45) day limitation if the applicant demonstrates, in writing, good cause or a hardship related to legitimate business needs and goals. (b) Residential Property. A maximum of one (1) on- premises banner sign may be 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 any_one calendar year. (c) 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 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. Section 7. Sunset Review. One (1) year after the effective date of this Ordinance, the City Manager is hereby instructed to place this Ordinance on the City Commission agenda for review at a regularly scheduled Commission meeting. The agenda item shall contain background information regarding the application of this Ordinance during the City of Winter Springs Ordinance No. 2011 -15 Page 5 of 6 previous year. At the meeting, the City Commission will discuss the effectiveness of this Ordinance and whether or not the Ordinance should remain the same or be modified or repealed. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 23rd day of January, 2012. O- 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: January 9, 2012 January 23, 2012 January 23, 2012 City of Winter Springs Ordinance No. 2011 -15 Page 6 of 6