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HomeMy WebLinkAbout2013 08 26 Public Hearing 501 Ordinance 2013-09 First Reading, Unified Sign CodeCOMMISSION AGENDA ITEM 501 REQUEST: Informational Consent Public Hearings X Regular August 26, 2013 KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests that the City Commission consider first reading of Ordinance 2013 -09, which proposes: 1) to amend Chapter 16, Signs of the City Code of Ordinances, and 2) to revise the State Road 434 sign regulations set forth in Sections 20 -470 and 20 -486, and incorporate said regulations into Chapter 16. SYNOPSIS: Currently, the Code of Ordinances has three main areas where sign regulations are addressed; Chapter 16, the State Road 434 re- development area, and the State Road 434 new development overlay area which is located in Chapter 20 of the Code of Ordinances (the Town Center District Code addresses signs, but is a stand -alone Code). This has led to confusion among the sign industry and the business community as to what provisions of the sign code are applicable to their respective signage request. Many of the sign provisions contained within Chapter 16 and the State Road 434 overlay area are out -of -date, do not allow adequate visibility for local businesses from the right -of -way, and prohibits signage that incorporates the use of modern technology. Staff undertook the task of this update in order to unify the signage requirements in Chapter 16 with those of the State Road 434 new and redevelopment areas. This update will make the sign code easier to understand and interpret for staff, the business community, the sign industry, and the citizens of Winter Springs. At the August 14, 2013 Planning & Zoning Board meeting, the Board voted unanimously to approve Ordinance 2013 -09. Public Hearings 501 PAGE 1 OF 6 - August 26, 2013 CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION • Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. • Property owner's name(s): Not applicable • Property addresses: Not applicable • Property Parcel ID numbers: Not applicable . Current FLUM Designations: Not applicable . Current Zoning Designations: Not applicable . Previously Approved Development permits such as conditional use, waiver, or variance (if any): Not applicable . Development Agreements (if any): Not applicable . Pending Code Enforcement Actions (if any): Not applicable . City Liens if any : Not applicable 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, Chapter 20, article VI, S.R. 434 Corridor Vision Plan DTSCT TS STON For some time, a revision and unification of the sign regulations into one chapter of the Code of Ordinances has been considered by staff to be necessary. The Code of Ordinances has three main areas where sign regulations are addressed; Chapter 16, signs, and the State Road 434 re- development area, and the State Road 434 new development overlay area which is located in Chapter 20 of the Code of Ordinances. A majority of the current sign regulations were adopted in the 1970's, 1990's, and early 2000's. Modern signs have been designed to utilize technology such as electronic message centers, which the current code prohibits. Additionally, this update to the City's sign regulations has been performed with the goals of allowing adequate visibility for local businesses from the right -of -way, allowing for aesthetically appropriate, uncluttered signage options, and providing clearer documentation of the City's signage regulations to the sign industry and the business community. Planning Division staff consulted with both the City Attorney's office and the Police Public Hearings 501 PAGE 2 OF 6 - August 26, 2013 Department while writing the proposed revisions. A breakdown of the updates to the code is as follows: Section 16 -51 — Definitions. Six new definitions have been added which reflect the changes proposed. Additionally, two definitions have been updated which reflect amendments to several areas of the Code. Section 16 -54 — Applications; permit fees; review period; approval criteria; appeals. Several areas of burdensome and unnecessary information which is currently required to be provided on sign permit applications have been removed. Additionally, clarification on square footage for residential and commercial temporary signs has been added to this section. Section 16 -57 — Prohibited Signs. This section has been amended to permit electronic signs. Clarifying language on the types of bus stop shelter signs that are prohibited has been added in addition to clarifying language in regards to roof signs. Section 16 -61 — 911 emergency response system. Language has been added stating address numbers must be in compliance with the requirements of the Florida Building Code. Section 16 -76 — Generally. Language has been added clarifying that signs that exceed six (6) square feet in area on residential properties, and nine (9) square feet on commercial properties are required to obtain a building permit. Section 16 -78 — Same -on- premises signs. This section is repealed. Section 16 -80 (section added; currently "reserved ") — Limitations on certain on- premises signs including attached to buildings. This section has been fashioned to utilize a more commonly acceptable and easier to understand method of calculating total allowable copy area for signs. This section permits one and one half (1.5) square feet of total allowable copy area for each lineal foot of store frontage for signs setback less than 100 -feet from the right -of- way. This section also permits a total allowable copy area of two (2) square feet for each lineal foot of store frontage for signs setback more than 100 -feet from the right -of -way. Additionally, this section permits a second wall sign for buildings located on a corner lot, or for buildings located on an out - parcel that has frontage adjacent to an internal roadway. Language from the old Section 16 -78 (b) is utilized in regards to ground signs that are located in areas of the City not adjacent to State Road 434. Section 16 -81 (section added; currently "reserved ") — Changeable copy signs; electronic message centers. This section has been drafted to allow businesses citywide to utilize signs with electronic message centers. The requirements such as transition times and brightness are the same as those that were adopted via Resolution 2009 -59 for the electronic message center located in front of City Hall. According to a joint study by the U.S. Small Business Administration and the Signage Foundation for Communication Excellence, Inc., businesses that choose to utilize electronic message centers typically see Public Hearings 501 PAGE 3 OF 6 - August 26, 2013 an increase in business between 15 and 150 percent due to the amount of additional advertising and messages these signs can convey to the public. Electronic message centers can ease sign clutter since many different messages can be conveyed on them. Additionally, these signs can convey public service messages in times of emergencies. Multi- tenant centers which use these signs allow each business in the center to have a rotation on the sign, which can in turn allow for more profitability for the multi- tenant center. Many multi- tenant centers which utilize static signs have multiple names on the sign, which makes it difficult for drivers to read and understand which tenants are in a specific center. This causes tenants to react to low visibility by erecting balloons, banners, and flags to attract additional attention to their respective business. Ordinance 2013 -09 permits electronic message centers to comprise no more than fifty (50) percent of the permitted sign area. Hold times for messages shall be a minimum of eight seconds prior to transitioning to another static image. This hold time is an acceptable industry standard. The federal government and other reviewers have concluded that electronic message centers, if used properly, are traffic safety enhancement devices with their exceptional readability and conspicuous nature. A 2007 study conducted by the Virginia Tech Traffic Institute (VTTI) concluded the average amount of time it takes for a driver of a car to look at an electronic message display on a digital billboard and read and process the information is approximately less than one second. This study concluded that traffic accidents are no more likely to occur in the presence of digital billboards than in their absence. This study states that several driving performance measures in the presence of digital billboards are on par with those associated with everyday driving, such as on- premises signs located at a business. Advocates for electronic message centers that are provided on on- premises signs have cited this study in support of permitting these signs in local sign codes. A 2009 study by VTTI concluded texting while driving causes a driver to glance at their respective mobile device for an average of 4.6 seconds during a 6 second period. This equates to a driver traveling then length of a football field at 55 miles per hour without looking at the roadway. A 2 second glance away from the road is considered to be a dangerous level. Transitions from static images are required to appear within three (3) seconds and not flash, blink, flicker, pulsate or have animation or videos. Electronic message centers are required to have automatic dimming technology which adjusts the sign's brightness in direct correlation with ambient light conditions. This section also governs the brightness level of electronic message center signs erected in the City to be equal with the electronic message center sign in front of City Hall. Applicants are required to sign an affidavit of acknowledgement which requires the owner of the sign to acknowledge the display requirements and understand the penalties for failure to abide by said requirements. Section 16 -89 — Enforcement. Section (b) has been changed to state the Building Official or the Building Official's designee is responsible for determining whether a sign is structurally unsafe or in danger of falling. Public Hearings 501 PAGE 4 OF 6 - August 26, 2013 Section 16 -82 — Special supplemental regulations for properties located on State Road 434. This is formerly Section 20 -470, which is the sign code for the State Road 434 new development area. This section will apply to all properties in the City that are adjacent to the State Road 434 right -of -way, including those that are in the State Road 434 re- development area. This section has been revised to permit a reduction in the setback of ground signs from property lines from fifteen (15) feet to ten (10) feet, and allow an increase in the maximum copy area for ground signs of two times the current size that is currently permitted to allow greater visibility for local businesses. This section permits a second wall sign for tenants occupying a corner unit or an out - parcel. Similar to Section 16 -80, this section permits one and one half (1.5) square feet of total allowable copy area for each lineal foot of store frontage for signs setback less than 100 -feet from the right -of -way. This section also permits a total allowable copy area of two (2) square feet for each lineal foot of store frontage for signs setback more than 100 -feet from the right -of -way. Section 20 -486 — Signs, State Road 434 re- development area. This section is repealed. FISCAL IMPACT: While there is no direct fiscal impact to the City, staff has heard numerous requests from the business community for some flexibility and for additional options for signage. Staff is of the opinion that the proposed new code language will facilitate more diversified development and increase the chance of local businesses remaining viable over the long term because of the signage options provided. Business retention and expansion, along with attracting new businesses, will have a positive fiscal impact to the City's tax base. 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. On July 11, 2013, a City Commission first reading date of July 22, 2013, and a City Commission second reading date of August 12, 2013 was advertised in the Orlando Sentinel. At the request the request of the Planning and Zoning Board at their July 10, 2013 meeting, the revisions were sent back to the Police Department for one additional review. Because of this delay, the advertisement was preserved at the July 22, 2013 City Commission meeting by postponing the first reading to a date certain of August 26, 2013. Public Hearings 501 PAGE 5 OF 6 - August 26, 2013 RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of first reading of Ordinance 2013 -09, which proposes: 1) amend Chapter 16, Signs of the City Code of Ordinances, and 2) to revise the State Road 434 sign regulations set forth in Sections 20 -470 and 20 -486, and incorporate said regulations into Chapter 16. ATTACHMENTS: A. Ordinance 2013 -09 B. Email correspondence from Captain Deisler, Winter Springs Police Department C. Advertisement, Orlando Sentinel - July 11, 2013 D. Advertisement, Orlando Sentinel - August 4, 2013 E. Minutes - July 10, 2013, August 14, 2013 Planning & Zoning Board meeting Public Hearings 501 PAGE 6 OF 6 - August 26, 2013 Attachment "A" ORDINANCE NO. 2013 -09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, REGARDING THE REGULATION OF SIGNS; AMENDING CHAPTER 16, ARTICLE III, SIGNS; RENUMBERING AND UNIFYING THE STATE ROAD 434 SIGN REGULATIONS SET FORTH IN SECTIONS 20 -470 AND 20 -486 INTO CHAPTER 16, ARTICLE III AS AMENDED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE CODE; 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 has previously adopted a comprehensive set of land development regulations regulating signs within the municipal limits of the City; and WHEREAS, upon recommendation of the City's Community Development Department, the City Commission desires to adopt several technical amendments to the City's existing sign regulations and renumber certain section for purposes of consolidating existing sign regulations into Chapter 16, Article III of the City Code; and WHEREAS, the City's Land Planning Agency conducted a public hearing regarding the Code amendments recommended by the Community Development Department set forth in this Ordinance on August 14, 2013 and recommended that the City Commission adopt the amendments; and WHEREAS, due to the technical nature of the amendments set forth herein, the City Commission hereby adopts by this reference for the sake of simplicity, all previous legislative findings and references to legal authority made by the City Commission supporting the regulation of signs within the municipal limits of the City; 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 City of Winter Springs Ordinance No. 2013 -09 1 reference as legislative findings of the City Commission of Winter Springs. Section 2. Chapter 16 Sign Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 16, Article III, Signs, is hereby amended as follows (underlined type indicates additions and str-ikeati t type indicates deletions, while asterisks (* * *) indicate a deletion from the 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. 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: Animated sign is any sign or part of a sign which is designed or intended to change physical position by any movement or rotation. Animated signs do not include digital signs or electronic message boards. Awning sign is a sign incorporated to or attached to an awning. Changeable copy sign is a non - electronic sign or portion thereof with characters, letters or illustrations that can be changed or rearranged manually without altering the face of the sign. Copy is any combination of individual letters, numbers, symbols, depictions and the like, which are intended to inform. direct or otherwise transmit information. Copy area or sign area shall mean the entire area of the sign occupied by copy. Copy area or sign area is measured by enclosedinng by one continuous perimeter line,, °R 610sifig the extreme limits of the sign which contains copy, 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 it contains copy. display r,, -poses 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. Digital sign or electronic message center is a sign without moving parts whose content may be changed by electronic process through the use of intermittent light or lights, including light emitting diodes, liquid crystal display, and plasma screen image display_ City of Winter Springs Ordinance No. 2013 -09 2 Illuminated sign is a sign whose light source is either located in the interior of the sign so that the light rays og through the face of the sign, or which is attached to or near the face of the sign and is perceived as a design element of the sign. Signs shall mean any surface, fabric, device, or display, whether illuminated or non - illuminated, which is used for visual communication and which is designed to identify, announce, direct or inform the public and can be seen off -site from the right -of -way or other properties not on the site where the sign is located). The term sign does not include small decorative, temporary ornamental residential yard or lawn decorations, statuaries, signs and flags commonly inserted into the ground at a residence by step stakes in gardens, mulch beds and flower pots. Further, the term sign does not include ornamental decorations used for such purposes on commercial properties, provided said decorations are: (i) located on private property, (ii) not mechanically or electronically operated (wind movement acceptable), (iii) limited to a maximum number of two (2) per commercial property; and (iv) limited to a size of six (6) square feet in area per decoration. 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 ,a iptio,, and *ffl° ideati fie do atimber- of p - apei4., upon which proposed sign is to be located. located. (4) The zoning of the property on which the sign is to be City of Winter Springs Ordinance No. 2013 -09 (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 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 corner visibility calculations. (9) For temporary signs, over six (6) square feet on residential properties, or nine (9) square feet on commercial properties, 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. 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) Eleetrani ^ signs, -aAnimated signs or signs of a flashing, running or revolving nature; (6) Bus stop shelter signs, except those required by the City or the transit authority to designate the district location /address of the shelter; (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; City of Winter Springs Ordinance No. 2013 -09 4 (8) Balloon displays, except to the limited extent permitted in-section 16 -60; (9) Spot or search lights; (10) Trailer signs; (11) Off - premises signs, except temporary off - premises signs may be authorized by permit in accordance with the provisions set forth in section 16 -60 of this article; (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; (14) Discontinued signs; (15) Roof signs, except as permitted in the Town Center District Code; (16) Pole signs; (17) Signs attached to temporary structures; (18) 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 ri ght -of -way or adjacent 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 adjacent property; (21) 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.; (22) Hazardous sign; and (23) Any sign not expressly authorized under the City Code. Sec. 16 -61. - 911 emergency response system. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property,_ shall be visible from the public or private street, and shall comply with the requirements of the Florida Building Code. 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 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. City of Winter Springs Ordinance No. 2013 -09 5 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 on residential properties, or nine (9) square feet in area on commercial properties, 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. 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 -78. Reserved. low 0.11. Signs to building, developmeat (e) not a4taehed a proposed as pai4 of a plan, reviewed and appr-eved at the applieant's r-eqtte tien with the e4y's site plan ma-y and sigf+ if the is dur-ing the sign not pr-apased site plan review pr-aeess, a separate 16 -80. Limitations on certain on- premises signs including attached to buildings. Unless more restrictive limitations are expressly provided elsewhere in the City Code: a) Anv sign attached to a building shall have a total allowable cobv area. of one and one half (1.5) square foot for each lineal foot of store frontage. A sign which is setback more than 100 -feet from the right -of -way shall have a total allowable copy area of two (2) square feet for each lineal foot of store frontage. A second wall sign may be permitted for buildings located on a corner lot_ or for buildinus located on an out- barcel that has frontaue adi acent to an internal roadway. (b) Any sign not attached to a building shall be placed not less than twenty -five (25) City of Winter Springs Ordinance No. 2013 -09 6 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. 16 -81. Changeable copy signs; electronic message centers. All changeable copy signs and electronic message centers shall be as follows: The sign cabinet shall be constructed of all aluminum extrusion or better as approved by City staff taking into consideration compatibility with the affected property and the surrounding area and applicable sound building standards. (b) Changeable copy signs and electronic message centers may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: 1. With the exception of billboards which are regulated by other provisions of the City Code, changeable copy signs shall not comprise more than twenty -five 25) percent of the permitted sign area and electronic message centers shall not comprise more than fifty (50�percent of the permitted sign area. 2. Electronic message centers shall display static images only. Such static images shall hold the display face for a minimum of eight (8) seconds before transitioning to another static image_ Transitions from one static imaue to the next shall abbear within three (3) seconds and shall not have the appearance of flashing, flickering, blinking, pulsating animation or videos. Dissolving from one static image to the next within the three (3) second transition period shall not constitute animation for burboses of this article. 4. All electronic message centers shall come equipped with functioning automatic dimming technology which automatically adjusts, at all times while the electronic message center is operating, the sign's brightness in direct correlation with ambient light conditions. 5. No electronic message center shall exceed a brightness level of 6,000 NITS (NITS are the standard measure of brightness for electronic signs and devices) during daytime use or 500 NITS during nighttime use and to account for adverse weather conditions that reduce the amount of sunlight. 6. Upon issuance of a building permit for an electronic message center, the applicant shall sign an affidavit of acknowledgement provided by the Community Development Department on a form prepared by the City Attorney which requires the owner and /or user of the sign to acknowledge the display requirements set forth in the City Code and the penalties for failure to City of Winter Springs Ordinance No. 2013 -09 abide by these requirements. Sec. 16 -89. - Enforcement. (a) 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. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the Bede enf ,.e ent e f eef building official or the building official designee, 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. (c) 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. (d) Termination of unlawful illumination. Upon receipt of written notification by 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. (e) Emergencies. In the case of emergency situations -z 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. Section 3. Section 20 -470 Code Amendment and Renumbering. The City of Winter Springs Code of Ordinances, Section 20 -470 is hereby renumbered as 16 -82 and amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the 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. However, it is further intent of this Ordinance to renumber 20 -470 as 16 -82, as amended herein, in order to more fully unify the City's sign code regulations into Chapter 16, Article III, as follows: Sec. 20 -470. — Signs Reserved. 16 -82 Special supplemental regulations for properties located on State Road 434. The following design standards shall apply to the State Road 434 Overlay District which includes all properties lying within the corporate limits of the City of Winter Springs adjacent to City of Winter Springs Ordinance No. 2013 -09 8 the S.R. 434 right -of -way (inclusive of the entire parcel adjacent thereto) from U.S. 17/92 to the easternmost boundary of the City of Winter Springs with the exception of properties within the Town Center District, which are subject to other sign regulations set forth in the City Code. 44 signs and sign elements, ineleding shape, fer-m, iighting, ma+er-ials, sii�e, eeler- and leea+ien shall be (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. The top of the sign cannot exceed 120 percent of the width of the sign base. 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 tenants' on- premises use. b. Shall be located no closer than fifteen K) ten 10 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 entfy wa4 The sign shall not be higher than eight (9) twelve 12) feet above the closest driveway or vehicular use area. f Signs shall be in an enclosed base. The width of the base shall not exceed 120 percent of the width of the sign base. . Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and /or annuals to promote color. The landscaping shall be maintained at all times in livable form and in a fashion not to obstruct the views of the sign face. g. Signs shall be in accordance with the following size and height schedule: City of Winter Springs Ordinance No. 2013 -09 9 Building Size (Gross Floor Area) Maximum Copy Area Maximum Height Under 75,000 square feet -3-2 64 square feet 12 feet 75,000- 250,000 square feet 4-9 96 square feet 14 feet Over 250,000 square feet 64 128 square feet 16 feet h. Multi- tenant centers are permitted additional directional sign for each anchor tenant according to the following schedule: Building Size (Gross Floor Area) Anchor Tenant Additional Sign Under 75,000 square feet 2 of 12 square feet 75,000- 250,000 square feet 3 of 12 square feet Over 250,000 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) 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 thii4y two «" sixty -four 64) square feet per face. For parcels in excess of 4.0 acres, the project identification sign face may be increased to " eight (4-8} ninety -six (96) 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 (9) twelve 12) feet in height above the closest driveway or vehicular use area. City of Winter Springs Ordinance No. 2013 -09 10 g. Signs shall be in an enclosed base that is no more than 120 percent of the width of the bases. . Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and /or annuals to promote color. (3) Building mounted tenant identification sign (wall signs) 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. A tenant occupying a corner unit or an out - parcel unit may be permitted to have a second wall sign. 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. 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 twelve (12) 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 Building mounted tenant signs shall have a total allowable cobv area of one and one half ( 1.5) square feet for each lineal foot of store frontage. Signs setback more than 100 feet from the right -of -way shall have a a total allowable copy area of two (2) feet for each lineal foot of store frontage. , ineleding any sign baekgr-ettnds, shall be :�wefi�y fatir- (24) ifiehes in height for- individual tenants other- than afiehar- tenants. The nifflEimum height ef let4er-s and leges fer- aneher- tenants shall net &Eeeed �wen�y five (25) per-eent ef the building height. An afiehar- tenant is defified as the ni�ar- busifiess in a eenter- that is/- ef ene hendr-ed (100) f+ent feet and a minimem area ef ten thettsand (10,000) sqttar-e feet. City of Winter Springs Ordinance No. 2013 -09 11 ( -Q4) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (95) Permanent flags: The following standards shall apply to permanent flags: a. One (1) flagpole 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. grade. c. Flagpoles shall maintain the same setback requirements tenant monument signs. d. Flagpole heights shall be between twenty (20) and thirty -five (35) feet in height above (44 6) Nonconforming signs. a. Any sign, other than billboards, which i-s became nonconforming when Ordinance No. 675 was adopted and establishing the City's S.R. 434 land development regulations were (and shall remain) required to be shame amortized and may be Maintained i by November 14, 2002. b. At or prior to November 14, 2002, all signs which became nonconforming signs pursuant to Ordinances No. 675 and 683 shall be removed and may be replaced with signs that conform to the design standards set forth in this section the S.R. 434 New Development r-egd1afiens.. c. Violations shall be subject to Chapter 2, Article 3, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. Section 4. Section 20 -486 Repealed and Reserved. The City of Winter Springs Code of Ordinances, Section 20 -486 stated below is hereby repealed in its entirety as follows: City of Winter Springs Ordinance No. 2013 -09 12 Sec. 20 -486. Reserved. mss. d. Shall be eensistent in design, fefma+ and ma+er-ials with the ar-ehiteeter-e ef proposed btii difi (s) ET .. M. A' . ... d. Shall be eensistent in design, fefma+ and ma+er-ials with the ar-ehiteeter-e ef proposed btii difi (s) City of Winter Springs Ordinance No. 2013 -09 13 ET MA M. A' . ... .... _ . City of Winter Springs Ordinance No. 2013 -09 13 MA M. EM . ... City of Winter Springs Ordinance No. 2013 -09 13 M AAA MW f= ��f�EfffTf�:�'Zt'J.'�.•l.Tz -' !Z �. �i1�Tll irS�I Al f�Efff�. T�. f'E!S!l�l�t'J7.•!lIXS�'iT�IS�![ ASS !ll�E�'iTf:!!liFllT:S�f�Efff. . d. Wall signs shall display enly ene (1) stwfaee and shall net be metinted mer-e t City of Winter Springs Ordinance No. 2013 -09 14 I. �A City of Winter Springs Ordinance No. 2013 -09 15 I I. �A City of Winter Springs Ordinance No. 2013 -09 15 al Iff�.7.'!Tl�...'ll�.�:ElIF. I. I! Section 5. 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 6. 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 7. 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 8. 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. 2013 -09 16 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2013. CHARLES LACEY, 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 Legal Ad Published: First Reading: Second Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2013 -09 17 Attachment "B" From: Chris Deisler To: Randy Stevenson Cc: Bobby Howell; Kevin Brunelle Subject: Electronic sign code Date: Thursday, July 11, 2013 2:30:41 PM Randy, after review I do not have any issues with the proposed code. Chris DeMer i Captain ,�7ter Springs Poke Department ,131D N. Hoss Rd. % %'inter Springs. FL 32703 '-407, 32 7-7550 C _v 4i�J.J' v� -7�5L -c7ti cO.eisler - ,.:in#ersprirygsfl.org I 10,1,ndo Sentinel ThumdaY, Attachment "C" SE > NOTICE IS HEREBY GIVEN THAT THE CrrY COMMISSION ION The. proposed ordinance may be obtained by interestecf parties between 6 a.m. and 5 p.m.,, Monday through F=riday, from the office of the City Clerk, located at 1126 E. 5R 434, Wither Springs, Florida. For more information, call (407) 327 -1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings sho dd contact the Employee Relations Department Coordinator, 46 hours in .advance of the meeting at (4417) 327 -1800, #236. This is a public hearing. Interested parties are advised that they . may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by. the City Commission with :.respect to any matter considered at this meeting, you will need a record of. the. proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the-appeal is based. 0 NOTUCE OF 4 HEREBY NOTICE IS THE CITY COMMISSION PROPOSES THE FOLLOWING- The proposed ordinance may he obtained by 'interested parties between S a.m. and 5 p.m., Monday throixgh Friday, from the office of the City Cleric, located at 1.1261;. SR 434, Winter Springs, Florida. For more information, call (407) 327 -1800 #227_ Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327 -1800, #236. This is a public heai ug. Interested parties are advised that they may appear at the meeting and be heard with respect to the- proposed ordinance. It you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will tweed a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is has 6d. F �I .4 Attachment "D" Attachment "Ell Vice Chairman Henderson asked, "Have you run this by the Police Department for their comments?" Responding, Mr. Howell said, "No, but we could do that prior to City Commission." Continuing Vice Chairman Henderson said, "I would recommend that we do not forward it to the City Commission until we/you have Police comments." To which Mr. Howell replied, "Ok, we can do it." Chairman Poe opened "Public Input" No one spoke. Chairman Poe closed "Public Input". � � 11 � I I � � � 1 � � � 111 � 111 � qM �Igqji�; 114 j[(r AT i i i I ii � 11 11 1 M-1111IM111 Q E13M M I ; EM MAM 00 F4'Uj M 03 V 1100 11 IM1141 00 8 110 1 MMM I UAL 105 1 NO 1; 11 kliod I E4 Chairman Poe added, "Send it back to the Police Department to get their input." Continuing, Mr. Howell shared that as part of the settlement agreement reached between the Developer of the Moss Road Apartment Complex and the City (of Winter Springs), "There will be an electronic message board sign permitted on that property." Further comments. Mr. Stevenson further explained that "We would never bring anything to you that Police had not looked at. They had look at it prior but we did take it back to them, they have looked at it again with the same comments. We actually developed the Ordinance in concert with the Police Department so we'd make sure that there was nothing in there that they felt would be hazard to traffic or anything of that nature." I I u 4 Chairperson Poe remarked, `Before that vote gets recorded, is there anyone here who wishes to speak for or against that particular item that we have just voted upon ?" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -AUGUST 14, 2013 (RE•CHEDULED FROM AUGUST 7, 2013) PAGE 4 OF 8 No one spoke. Chairperson Poe closed "Public Input". PUBLIC HEARINGS 501. Community Development Department — Planning Division Requests The Planning And Zoning Board Consider The Final Engineering Plans For Seven Oaks, A 138 Unit Single-Family Development Located On The South Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake. Mr. Randy Woodruff, AlCP, Senior Planner, Community Development Department presented the Agenda Item and commented that Staff were currently "Reviewing the third submittal of this project. And at this point, the majority of the comments that you have as part of your August I't , (2013) DRC (Development Review Committee) Letter, those have been addressed and at this point we have minimal geotechnical type issues." Discusson ensued about the boundaries and power on easement. Mr. David Evans, Evans Engineering, 719 Erma Avenue, Orlando Florida: explained that the bumper with respect to the twenty (20) foot space is done so according to West boundary, south boundary and the perimeter boundaries which back up to the Easement. Further comments about wildlife running out once the dirt starts being moved and the screen wall being placed on top of the mound. Mr. Evans explained that the plans have changed to move the screen wall from the top of a mound and make it more of a stepped wall. There will be a wall on the boundary of the property which is higher than the development and extends up six (6) feet high. There will be a second wall going towards the residential area that steps down the property four (4) feet making the net screen wall that is ten (10) feet tall. The screen wall will be constructed of pre-cast colored concrete walls that are flat on both sides. Further comments ensued about the aluminum fence and its location between the columns at the secondary entrance on Florida Avenue. Chairperson Poe opened "Public Input" No one spoke. Chairperson Poe closed "Public Input"