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HomeMy WebLinkAboutOrdinance 2003-06 Regulation of Signs ORDINANCE NO. 2003-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE REGULATION OF SIGNS WITHIN THE CITY OF WINTER SPRINGS; PROVIDING THAT EXPOSED NEON SIGNS SHALL BE PROHIBITED UNLESS OTHERWISE PROVIDED; PROVIDING FOR THE USE OF NEON FOR BACKLIGHTING OF PERMITTED SIGNS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to clarify the City Code regarding the use of exposed neon signs within the City of Winter Springs; and WHEREAS, the City Commission finds that the proliferation of exposed neon may have an adverse aesthetic effect on the community without appropriate restrictions and regulations; and WHEREAS, the regulation of aesthetics is an appropriate police power vested in the City; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe 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 true and correct and are fully incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Section 16-57, is hereby amended as follows (underlined type indicates additions and 5tlikcout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 16-57. It is intended that the text in Section 16-57 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption ofthis Ordinance): City of Winter Springs Ordinance No. 2003-06 Page 1 of 6 Sec. 16-57. Prohibited signs. The following signs are hereby prohibited: * * * @ 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. .Ql) Backlit awning signs. Section 3. Code Amendment. The City of Winter Springs Code Sections 20-337, 20- 470 and 20-486 are hereby amended as follows: (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 20-337. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the development review committee if such signs or sign elements are visible from adjacent properties or a street right-of-way. * * * (8) Backlit signs: Backlighting of signs, shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Window signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise when incorporated with such a display. Such 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. The total area of all window signs, shall not exceed twenty (20) percent of the window glass area to be calculated separately for each separate storefront. Window signs shall count against total allowable copy area if they are permanently attached. The use of neon tubing to outline buildings, windows or doors shall be prohibited. * * * City of Winter Springs Ordinance No. 2003-06 Page 2 of 6 (13) Prohibited signs: The following signs and/or devices are prohibited in the corridor. a. Any sign or part of a sign which is designated, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion or incorporate any materials to create the appearance of motion. Signs shall not incorporate exposed neon tubing, except as allowed in subsection (9) above. * * * o. Backlit awning signs. * * * Sec. 20-470. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the design review board if such signs or sign elements are visible from adjacent properties or a street right-of-way. * * * (3) Building mounted multi-tenant identification sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls ofthe building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. 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. * * * (8) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Window signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise City of Winter Springs Ordinance No. 2003-06 Page 3 of 6 when incorporated with such a display. Such 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. The total area of all window signs, shall not exceed twenty (20) percent ofthe window glass area to be calculated separately for each separate storefront. Window signs shall count against total allowable copy area if they are permanently attached. The use of neon tubing to outline buildings, windows or doors shall be prohibited. * * * (14) Prohibited signs: The following signs and/or devices are prohibited in the corridor. a. Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion or incorporate any materials to create the appearance of motion. Signs shall not incorporate exposed neon tubing, except as allowed in subsection (9) above. * * * o. Backlit awning signs. Sec. 20-486. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the design review board if such signs or sign elements are visible from adjacent properties or a street right-of-way. * * * (8) Backlit signs: Backlighting of signs, shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Window signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise when incorporated with such a display. Such 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. The total area of all window signs, shall not exceed twenty (20) percent ofthe window glass area to be calculated separately for each separate storefront. Window signs shall count against total allowable copy area if they are permanently attached. The use of neon tubing to outline buildings, windows or doors shall be prohibited. City of Winter Springs Ordinance No. 2003-06 Page 4 of 6 * * * (14) Prohibited signs: The following signs and/or devices are prohibited in the corridor. a. Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion or which incorporates any material to create the appearance of motion. Signs shall not incorporate exposed neon tubing, except as allowed in subsection (9) above. * * * o. Backlit awning signs. * * * Section 4. 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 5. 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. Section 6. 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 7. 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. 2003-06 Page 5 of 6 ADOPTED by the City Commission of the City of Winter Spiings, Florida, in a regular meeting assembled on the 8th day of December ,2003. JOHN F. BUSH Mayor ATTEST: ANDREA LOREMZO-LUACES CITY CLERK Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: November 10, 2003 Second Reading: December 8, 2003 Effective Date: See Section 7. C:\Documents and Settings\joant\Local Settings\Temp\Neon_Signs_2003-06.wpd City of Winter Springs Ordinance No. 2003-06 Page 6 of 6 ORLANDO SENTINEL PUBLISHED DAILY Before the undersigned authority personally appeared DEBORAH M. TONEY , who on oath say, that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ALTAMONTE SPRINGS in Seminole County, Flonda; that the attached copy of advertisement, being a NOTICE IS HEREBY in the matter of ORD 2003-06 in the SEMINOLE Court was published in said newspaper in the issue; of 11/20/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said SEMINOLE County, Flonda, and that the said newspaper has heretofore been continuously published in Said ORANGE County, Florida, each week day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Flonda, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. DEBORAH TONEY The foregoing instrument was acknowledged before me this 20 day of NOV, 2003, by DEBORAH M. TONEY who is personally known to me and who did take an oath. (SEAL) Beverly C. Simmons My comm. Exp 5/29/05 NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING TO THE WINTER SPRINGS CODE OF ORDINANCES: ORDI NANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RE- LATING TO THE REGU- LATION OF SIGNS WITH. IN THE CITY OF WINTER SPRI NGS; PROVI DI NG THAT EXPOSED NEON SIGNS SHALL BE PRO. HIBITED UNLESS OTHER- WISE PROVIDED; PRO. VIDING FOR THE USE OF NEON FOR BACKLIGHT- ING OF PERMITTED SIGNS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLU- TIONS, INCORPORATION INTO THE CODE, SEVER- ABILITY, AND AN EF- FECTIVE DATE. PUBLIC HEARING FOR THE 2ND/ AND FINAL READING ON TH E PROPOSED ORDINANCE WILL BE HELD ON MON.. DEC. 8, 2003 AT 6:30 P,M. OR SOON THEREAFTER, IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HAll 1126 EAST S. R. 434 WINTER SPRINGS. FL Interested parties are ad- vised that they may appear at the meeting and be heard with respect to the proposed ordinance. The proposed or- dinance may be inspected by interested parties be- tween 8 a.m. and 5 p.m., Monday - Friday, at the City's Clerk's Office, locat- ed at 1126 East State Road 434, Winter Springs, Flori- da. For more information call (407) 327-1800 #227. Per- sons with disabilities need- ing assistance to participate in any of these proceedings should contact the Employ. ee Relations Department Coordinator, 48 hours in ad- vance of the meeting at (407) 327.1800, Extension 236. This is a public hearing. I f you decide to appeal any recommendation / decision made by the City Commis- sion with respect to any matter considered at this meeting, you will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba- tim record of the proceed- ings is made upon which the appeal is based. CSE5357945 NOV.20,2003