HomeMy WebLinkAbout2013 09 09 Public Hearing 502 Ordinance 2013-09 Second Reading - Unified Sign Code COMMISSION AGENDA
Informational
Consent
ITEM 502 Public Hearin s X
g
Regular
September 09, 2013 KL RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department — Planning Division requests that the City
Commission consider second reading and final approval 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). 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. On August 26, 2013, the City Commission unanimously
approved first reading of this ordinance.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION
. Applicant name and address and authorized representative: City of Winter Springs,
Public Hearings 502 PAGE 1 OF 6-September 09,2013
1126 East State Road 434, Winter Springs, FL 32708.
. Pro�ert� owner's name(sl: Not applicable
. Property addresses: Not applicable
. Pro�erty Parcel ID numbers: Not applicable
. Current FLUM Desi�nations: Not applicable
. Current Zonin�Desi�nations: Not applicable
• Previously Approved Development permits such as conditional use, waiver, or
variance if an�l: Not applicable
. Development A�reements (if any�: Not applicable
. Pendin� 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
DISCUS SION
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. 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. A maj ority 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 502 PAGE 2 OF 6-September 09,2013
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 adj acent 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 502 PAGE 3 OF 6-September 09,2013
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 502 PAGE 4 OF 6-September 09,2013
. 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
Public Hearings 502 PAGE 5 OF 6-September 09,2013
Commission meeting by postponing the first reading to a date certain of August 26, 2013.
RECOMMENDATION:
Staff and the Planning & Zoning Board recommend approval of second and final 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 502 PAGE 6 OF 6-September 09,2013
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
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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��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 si�n is anv si�n or part of a si�n which is desi�ned or intended to chan�e phvsical
position bv anv movement or rotation. Animated si�ns do not include di it� al si�ns or electronic
messa�e boards.
Awnin�si�n is a si�n incorporated to or attached to an awnin�.
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Chan�eable co�v sign is a non-electronic si�n or portion thereof with characters, letters or
illustrations that can be chan�ed or rearran�ed manuallv without alterin�the face of the si�n.
Co�v is anv combination of individual letters, numbers, svmbols, 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 si n� occupied bv co�v. Co�v area
or si�n area is measured by enclose�in�u by one continuous perimeter lin�, °r���the extreme
limits of the sign which contains copv, 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 copv.
�';�r'��, r„rr��°� 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.
Di�ital si�n or electronic messa�e center is a si�n without movin� parts whose content
mav be chan�ed bv electronic process throu�h the use of intermittent li h� t or li�hts,including light
emittin� diodes, liquid crvstal displav, and plasma screen ima�e displa�
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City of Winter Springs
Ordinance No. 2013-09
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Illuminated si�n is a si�n whose li�ht source is either located in the interior of the si�n so
that the li h� t ravs o� throu�h the face of the si�n, or which is attached to or near the face of the sign
and is perceived as a desi�n element of the si�n.
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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 ri�ht-of-wav or other
properties not on the site where the si�n is located�. The term si�n does not include small
decorative, temporarv ornamental residential vard or lawn decorations, statuaries, si�ns and fla�s
commonlv inserted into the �round at a residence bv step stakes in �ardens, mulch beds and flower
pots. Further, the term si�n does not include ornamental decorations used for such purposes on
commercial properties, provided said decorations are: (i) located on private propertv�ii) not
mechanicallv or electronicallv operated (wind movement acceptable); (iii) limited to a maximum
number of two (2)per commercial propertv; and iv)limited to a size of six (6) square feet in area
per decoration.
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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, '°��' �'°°�r;r*;�� ���' *�° ;�'°�*;���*;�� � m'�°r ��rr�r°�*�, upon
which proposed sign is to be located.
(4) The zoning of the property on which the sign is to be
located.
City of Winter Springs
Ordinance No. 2013-09
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(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)
sauare 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.
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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) �''°^*r^r�^ °��r°,�Animated signs or signs of a flashing, running or revolving nature;
(6) Bus stop shelter signs, except those required bv the Citv or the transit authoritv to
desi�nate 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
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(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 right-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 adj acent 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.
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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 complv
with the requirements of the Florida Buildin� 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.
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Ordinance No. 2013-09
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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 thereo£ 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.
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Sec. 16-78. Reserved.
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16-80. Limitations on certain on-premises si�ns includin� attached to buildin�s.
Unless more restrictive limitations are expressl�provided elsewhere in the Citv Code:
(a) Anv si�n attached to a buildin� shall have a total allowable co�v area, of one and
one half(1.5) square foot for each lineal foot of store fronta�e. A si�n which is setback more than
100-feet from the ri�ht-of-wav shall have a total allowable co�v area of two (2) square feet for
each lineal foot of store fronta�e. A second wall si�n mav be permitted for buildin�s located on a
corner lot, or for buildin�s located on an out-parcel that has fronta�e adj acent to an internal
roadwav.
(b) Anv si�n not attached to a buildin� shall be placed not less than twentv-five (25�
City of Winter Springs
Ordinance No. 2013-09
6
feet from anv intersection, with a maximum co�v area of thirtv-two 32) square feet on each side.
Double-sided or"V" si n� s are permissible provided thev are constructed with an inner an�le not to
exceed thirtv (30) de�rees. The maximum hei�ht of a si�n shall not exceed twelve (12)feet unless
otherwise expressl�provided in this article.
16-81. Chan�eable copv si�ns; electronic messa�e centers.
All chan�eable co�v si�ns and electronic messa�e centers shall be as follows:
(a) The si�n cabinet shall be constructed of all aluminum extrusion or better as
approved bv Citv staff takin� into consideration compatibilitv with the affected propertv and the
surroundin� area and a�licable sound buildin� standards.
(b) Chan�eable co�v si�ns and electronic messa�e centers mav be incorporated into
permitted si�ns and shall be included as part of the permitted si�n area as described below:
1. With the exception of billboards which are re�,ulated bv other provisions of the City
Code, chan�eable co�v si�ns shall not comprise more than twentv-five 25) percent of the
permitted si�n area and electronic messa�e centers shall not comprise more than fiftv (SO�percent
of the permitted si n� area.
2. Electronic messa�e centers shall displav static ima e� s onlv. Such static images
shall hold the displav face for a minimum of ei�ht(8) seconds before transitionin�to another static
im�e_
3. Transitions from one static ima�e to the next shall a�ear within three (3) seconds
and shall not have the a�pearance of flashin�, flickerin�, blinkin�, pulsatin� animation or videos.
Dissolvin�from one static ima�e to the next within the three (3) second transition period shall not
constitute animation for purposes of this article.
4. All electronic messa�e centers shall come equi�ped with functionin� automatic
dimmin�technologv which automaticallv adjusts, at all times while the electronic messa�e center
is operatin�, the si�n's bri�htness in direct correlation with ambient li�ht conditions.
5. No electronic messa�e center shall exceed a bri�htness level of 6,000 NITs (NITs
are the standard measure of bri�htness for electronic si�ns and devices) durin�davtime use or 500
NITs durin�ni�httime use and to account for adverse weather conditions that reduce the amount of
sunli h� t.
6. Upon issuance of a buildin�permit for an electronic messa�e center, the a�licant
shall si�n an affidavit of acknowled�ement provided bv the Communitv Development Department
on a form prepared bv the Citv Attornev which requires the owner and/or user of the si�n to
acknowled�e the displav requirements set forth in the Citv Code and the penalties for failure to
City of Winter Springs
Ordinance No. 2013-09
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abide bv these requirements.
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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 sec�e
°��r�����+�����r buildin�official or the building official desi�nee,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.—��Reserved.
16-82 Special supplemental re�ulations for properties located on State Road 434.
The followin� desi�n standards shall a�lv to the State Road 434 Overlav District which
includes all properties lvin� within the corporate limits of the Citv of Winter Sprin�s adjacent to
City of Winter Springs
Ordinance No. 2013-09
8
the S.R. 434 ri�ht-of-wav�inclusive of the entire parcel adjacent thereto) from U.S. 17/92 to the
easternmost boundarv of the Citv of Winter Sprin�s with the exception of properties within the
Town Center District, which are subject to other si�n re�ulations set forth in the Citv Code. �
> > > > > >
(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
identifvin� the name of the development and businesses within the development shall be
permitted. The top of the si�n cannot exceed 120 percent of the width of the si�n 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 �i��ee��} 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. The sign shall not be higher than �} twelve 12� feet above the
closest drivewav or vehicular use area.
£ Signs shall be in an enclosed base. The width of the base shall not exceed 120
percent of the width of the si n� base. .
Landscaping shall be incorporated around the base to include low growing shrubs and ground
cover and/or annuals to promote color. The landscapin� shall be maintained at all times in livable
form and in a fashion not to obstruct the views of the si�n 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 �64 square feet 12 feet
75,000-250,000 square feet 4�96 square feet 14 feet
Over 250,000 square feet b4 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 �ii��ee�5� 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*'���*�� *T���«'" sixtv-four 64) square feet per face.For
parcels in excess of 4.0 acres, the project identification sign face may be increased to ��
{�}ninetv-six (96�square feet.
e. Shall be consistent in design, format and materials with the architecture of the
proposed building.
£ The sign shall not be more than �}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 si�ns) 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 occu�ving a
corner unit or an out-parcel unit mav be permitted to have a second wall si�n.
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.
c. 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.
£ Buildin� mounted tenant si�ns shall have a total allowable co�v area of one and one
h�1.5) square feet for each lineal foot of store fronta�e. Si�ns set back more than 100 feet from
the ri�ht-of-wav shall have a a total allowable co�v area of two(2)feet for each lineal foot of store
fronta�e. , ' ,
� �
�5� �:�r
. �
City of Winter Springs
Ordinance No. 2013-09
11
;��o,a
(�4) Backlit signs: Backlighting of signs shall be permitted, provided that should neon
lighting be utilized the neon tubing shall not be exposed.
(35) 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.
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
grade.
(�96) Nonconforming signs.
a. Any sign, other than billboards, which�s became nonconforming when Ordinance No.
675 was adopted and establishin� the Citv's S.R. 434 land development re�,ulations were (and
shall remain) required to be s�a�e amortized ' � November 14,
2002.
b. At or prior to November 14, 2002, all si�ns 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 *��.��4���e��e�=ek�ne�i
���.
c. Violations shall be subj ect 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. ��
> > > > > >
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City of Winter Springs
Ordinance No. 2013-09
13
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City of Winter Springs
Ordinance No. 2013-09
14
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City of Winter Springs
Ordinance No. 2013-09
15
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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: Randv Stevenson
Cc: Bobbv 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.
I *��a�,,p;�4 �.liris G�isler
� i ��pta�i7
' " � ',',',�7#8r Sp!�ings Poii�e Gepartment
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' ',`,'�i7#er Springs, FL ?2'�J3
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Attachment " E "
CITY QF WINTER SPRINGS,FLflRIDA
DRAFT MINUTBS
Pi.ANN1NG AND Z4NINtU BC1Al2Il/LOCAL Pi.,tl�NIYTNG AGENC'Y
REGIJLAR MEETINCre-IL]1V�5,2013
�"U LIC F:� IiV �S `�
��
. Z — 1 1R'1
s � i si � r i � 2013-09,
i � �4 , i � i i �,
v' i �� s - 7 .
- ., i s
Mr. Howell presented this Agenda Item for discussion.
Vice Chairman Henderson asked, "Have you n�n this by the Police Depart�x�.ent for their
comments?" Re,sponding, Mr. Hovvell said, "No, but we could do that prior to City
Commission." Continuing Vice Chairman Henderson sa.id, "I wot�ld recommend that we
do not farward it to the City Commission until we/you have Police comments." To which
Mr. Howell replied, "Ok, we can do it."
Chafrrnan Poe opened "Fublac Input"
No one spoke.
Chairmara Poe cdosed "Public Input".
C ` oe st te , °`Th�C ir 'Zl � te in a atic� ' re r ta te "501".
s�
DEPAFtTMENT HAS HAD THE +DPPUR.TLTI'�T�TY TU C(}MMENT �l''d IT."
� ,
. r
��}�'I��' � "�T���
Cha.irrnan Poe added, "SeriC�It�aCl{t0�le POI1C�De17aTI171e11t t0 get tYle1T'lI]pUt."
crr�or wr.vTE�.sn ir��s,�z,c�u���
DRAFT ITES
LAP7P7 �G Ai�t iVG A fL CAL��A. : G AGElY
RECrUI.AR MEETING-ALTGLJST 14,2(}i3
{ �scx��r�L���ROr�nu�usT 7,z�t�)
PAGE 3 t�F 8
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Mr. Bobby Hawell, AICP, Planner, Communizty De�elopment T}epartment presented the
Agenda Item and s'ta.ted, "At your last meeting, you voted l�nanimously to cantin�e this
item, to ask the (Winfer Springs) Police Department to take a loak at this Ordinance.
'Tk�ey took a look at it and they had no additional concerns with the Ordinance."
Continuing, Mr. Howell shared that as part of the settlement agreement reached between
the Developer of the Moss Road Apartment Camplex and the City (of Winter Springs),
"There rvill be an electronic message boaxd sign�ermitted on that property."
Further comments.
Mr. Stevenson further ex�lained that "We would never bring any�hing to you i�hat Police
had not looked at. They had laok at it prior but we did take it back to tlaern, they have
looked at it again with the same comments. We actually developed the Ordinance in
concert with the Police Departtnent so we'd ma.ke sure that there was nothi�g in there
that they felt would be hazard to traffic or any#hing of tliat nature."
�E .� `` '
,�y ,
������ �� ���
Chairperson Poe remarked, "Before that vote gets recorded, is #here anyone here who
wzshes to speak for or against that particular item that we have just voted upon?"
C1TY C7F WINTER SPRINGS,FLORIDA
DRAFT MINUTES
PLANIYING AND ZONING�OARD/LQCAL PLAN:'eTTING AGENCY
REGULAR MEETING—AUGUST 14,2013
(RE•SCHEDULED FROIVI AUGUST 7,2013)
PACrE 4 DF 8
No one spoke.
Chairperson Poe closed "Publfc Input".
PUBLIC HEARING S
SOl. Community Development Deparfinent—Planning Division
Requests The Planning And Zoning Board Con,sider The Final Engineering Plans
For Seven Qaks,A 138 U�tit Single-Family Development Lacated On The South Side
Of Shepard Road,North I�f Florida Avenue, East Of Baat Lake.
Mr. Randy Woodru.f�, AICP, Senior Plaau�er, Community Develapment Department
presented the Agenda Item a�d commented that S#aff were currently "Reviewing tl�e third
submittal of this project. And at this point, tlle majority of the comments that you have as
park of your August I�t , {2013) DRC (Development Review Comrnittee) Letter, those -
have been addressed a.nd at this point we have rninimal geotechnical type issues."
Discusson ensued about the boundaries and powex on easement.
Mr. Dcrvid Evans, Evans Engrneer°ing, 719 Errna Avenue, Qrlando Florida: expla.ined
that #he bumper with respect to the twenty (20} faot space zs done so according to West
boundary, st�uth boundary and the perirneter boundaries which back up to the Easement.
Further comments a�out wildlife runrung out once the dirt starts being rnoved and the
screen wall being placed on top of the mound.
Mr. Evans explained that the plans have changed to mave the �creen 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
prop�rty which is higher than the development and extends up six (6) feet high. There
will be a second wall going towards the residentia.l area that steps down the property fatu°
(4) feet making the net screen wa11 that is ten (10) feet ta11, The screen wall will be
constructed of pre-cast colored concrete walls that are flat an bath sxdes.
F'urther comments ensued about the aiumxnwn fence and its location between the
columns at the secondary entrance on Flor�da Avenue.
Chairperson Poe opened "Public Input"
No one spoke.
Chairper°son Poe closed "Publrc Input"