HomeMy WebLinkAbout2020 06 08 Consent 305 - Emergency Resolution No. 2020-12 Temporary Waiver of Certain Provisions of Chapter 16 (Temporary Signs and Banner Signs) • CONSENT AGENDA ITEM 305
,n m=ared CITY COMMISSION AGENDA I JUNE 8, 2020 REGULAR MEETING
1959
TITLE
An Emergency Resolution of the City Commission of the City of Winter
Springs, Seminole County, Florida; providing for the temporary waiver of
certain provisions of Chapter 16, signs and advertising, related to banner
signs and temporary signs.
SUMMARY
With the current COVID-19 pandemic and subsequent shutdown of commercial
businesses within the State of Florida, the City Commission wished to promote the
state-wide recovery efforts. In order to promote the sale of available and necessary
goods and services to the public and to attract potential customers in need of such
goods and services while traveling along the rights-of-way without unnecessarily
leaving their vehicles and maintaining social distancing guidelines, the City
Commission desires to enact a temporary waiver of certain provisions of the City's
Sign Code during this unique COVID-19 emergency to allow for the installation of on-
premise, temporary signs and banner signs for longer periods of time without permit
authorization.
Currently, banners and temporary signs, requires the timing of banners set to forty-
five (45) days. The current code requires temporary signage to be removed within
three (3) days after the date upon which the sign has fulfilled its purpose. This
resolution waives this requirement.
Upon termination of Resolution 2020-06 and the declared state of local emergency
and the expiration of the periods of time described below, the waivers authorized by
this Emergency Resolution shall expire and any temporary signs and banner signs shall
be removed.
RECOMMENDATION
Staff recommends the City Commission review and approve Resolution 2020-12.
143
RESOLUTION NO. 2020-12
AN EMERGENCY RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF WINTER
SPRINGS, SEMINOLE COUNTY, FLORIDA;
PROVIDING FOR THE TEMPORARY WAIVER OF
CERTAIN PROVISIONS OF CHAPTER 16, SIGNS
AND ADVERTISING, RELATED TO BANNER
SIGNS AND TEMPORARY SIGNS DURING THE
PERIOD OF THE COVID-19 CIVIL EMERGENCY;
PROVIDING FOR SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS,Coronavirus Disease 2019 (COVID-19)is a severe, acute respiratory
illness that appears to occur through respiratory transmission and presents symptoms
similar to those of influenza; and
WHEREAS,The Centers for Disease Control and Prevention recommends that all
states and territories implement aggressive measures to slow and contain transmission of
COVID-19 in the United States; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order
20-52, declaring a state of emergency for the entire State of Florida due to COVID-19,
which was subsequently extended for an additional 60 days in Executive Order 20-114 on
May 8, 2020; and
WHEREAS, the Mayor of the City of Winter Springs declared a state of local
emergency on April 2, 2020,pursuant to his powers under Sections 2-253 and 2-254 of the
City Code, which was confirmed and extended by the City Commission in on April 15,
2020 in Resolution 2020-06 until terminated by the City Commission by a subsequent
resolution ; and
WHEREAS,COVID-19 continues to pose an imminent risk to healthcare workers,
first responders,and emergency medical services workers caring for patients with COVID-
19 and to residents, employees and businesses in the City of Winter Springs and
neighboring communities; and
WHEREAS, at the time of the adoption of this Emergency Resolution, Governor
Ron DeSantis has implemented a "Phase 1: Safe. Smart. Step-by-Step. Plan for Florida's
Recovery" through Executive Orders 20-112, 20-120, 20-122, 20-123, and 20-133; and
WHEREAS,currently, Executive Order 20-123 provides that restaurants and food
service establishments may serve patrons indoors as long as indoor occupancy is limited to
fifty percent(50%),that in-store retail sales establishments may operate up to fifty percent
(50%) of their building occupancy and abide by the safety guidelines issued by the CDC
and OSHA,and that gyms and fitness centers may operate up to fifty percent(50%)of their
building occupancy so long as safety measures are followed; and
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WHEREAS, accordingly, businesses in the City of Winter Springs have been
forced to adapt to social distancing and safety guidelines in compliance the Governor's
Executive Orders; and
WHEREAS, the City Commission of the City of Winter Springs is committed to
supporting retailers, restaurants, and other businesses and their employees as they pursue
creative business practices that safely serve customers during this temporary period of
social distancing and emergency; and
WHEREAS, in order to promote the sale of available and necessary goods and
services to the public and to attract potential customers in need of such goods and services
while traveling along the rights-of-way without unnecessarily leaving their vehicles and
maintaining social distancing guidelines,the City Commission desires to enact a temporary
waiver of certain provisions of the City's Sign Code during this unique COVID-19
emergency to allow for the installation of on-premise, temporary signs and banner signs
for longer periods of time without permit authorization; and
WHEREAS, upon termination of Resolution 2020-06 and the declared state of
local emergency and the expiration of the periods of time described below, the waivers
authorized by this Emergency Resolution shall expire and any temporary signs and banner
signs shall be removed because,under normal circumstances, such signs contribute to long
lasting urban blight and deterioration, negatively impact the quality of life of Winter
Springs residents and businesses, and are contrary to maintaining Winter Springs as an
attractive, safe and healthy sustainable urban environment; and
NOW THEREFORE, THE CITY COMNIISSION OF THE CITY OF
WINTER SPRINGS HEREBY RESOLVES,AS FOLLOWS:
SECTION 1.Recitals. The foregoing recitals are hereby fully incorporated herein
by this reference and are deemed a material part of this Emergency Resolution.
SECTION 2.Sign Code Waivers—On-Premises Temporary Signs and Banner
Signs. The specific provisions of Chapter 16, Signs and Advertising, identified below are
hereby temporarily waived for businesses that are open and providing goods and services
to the public. Such businesses shall be permitted to erect on-premises temporary signs and
banner signs without the necessity of applying for a permit under the following terms and
conditions:
A. Section 16-60. —Supplemental temporary sign requirements. Notwithstanding
any provision to the contrary in Section 16-60 of the City Code,temporary, on-
premise signs, may remain on property zoned other than residential or used for
non-residential purposes, for the period of time during which Resolution 2020-
06 and the declared state of local emergency is in effect. Upon the termination
of Resolution 2020-06 and the declared state of local emergency, temporary,
on-premise signs shall be removed within three (3) days as provided in Section
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16-60(a). All other conditions regarding the placement of temporary, on-
premise signs shall remain in effect,including,but not limited to the following:
1. Temporary, on-premise signs shall not exceed nine (9) square feet in
size.
2. If the temporary sign is a ground sign, the maximum height of any such
sign eight(8) feet on any non-residential property.
3. The temporary sign must be at least five (5)feet from any right-of-way;
must be at least ten(10)feet from side and rear property lines; and shall
not be illuminated.
4. The total number of temporary signs on any one non-residential
property shall not exceed thirty-six (36) square feet. However, on
property with multiple commercial tenants, each tenant may erect one
(1) temporary sign on or facing each street frontage adjacent to the
property even if the total square footage of temporary signage for the
entire property exceeds thirty-six (36) square feet.
5. Temporary, on-premise signs shall be constructed of sturdy material
such as wood, hard plastic, vinyl, Masonite, or particle board of
sufficient thickness so as to withstand the weather elements commonly
experienced within the City. Cardboard and paper-faced temporary
signs are strictly prohibited unless it is safely fastened,in its entirety, to
a backing made of material set forth in this section.
B. Section 16-87. — Banners. Notwithstanding any provision to the contrary in
Section 16-87 of the City Code, banners may remain on property zoned other
than residential or used for non-residential purposes, for the period of time
during which Resolution 2020-06 and the declared state of local emergency is
in effect. Upon the termination of Resolution 2020-06 and the declared state of
local emergency, banners shall be removed within forty-five (45) days as
provided in Section 16-87(a). All other conditions regarding the placement of
banners shall remain in effect, including, but not limited to the following:
1. One(1)banner sign per building facade,with a maximum of two(2)on-
premises banner signs per business may be erected provided that the
banner(s) do not exceed sixty-four(64) square feet.
2. A maximum of three (3) flags may be erected in lieu of banners
authorized by this section, provided each flag shall not exceed thirty-
five (35) square feet in area and twelve (12) feet in height.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase,
word or provision of this Emergency Resolution 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 Emergency Resolution.
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SECTION 4. Effective date. This Emergency Resolution shall become effective
immediately upon adoption. This Emergency Resolution may be expressly terminated by
subsequent order of the City Commission or shall automatically terminate at such time as
Resolution 2020-06 and the declared state of local emergency is terminated,provided that
the additional timeframes provided herein for removal of the signs shall be afforded.
ADOPTED by the City Commission of the City of Winter Springs, Florida, this
day of , 2020.
Charles Lacey, Mayor
ATTEST (City Seal):
Christian Gowan,Interim City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
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