HomeMy WebLinkAboutOrdinance 2009-03 SignageORDINANCE NO. 2009-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
ARTICLE III OF CHAPTER 16 OF THE CODE OF
ORDINANCES RELATED TO SIGNS; AMENDING
DEFINITIONS; AMENDING PROVISIONS REGARDING
TF,MPORARY SIGNS; AMENDING CHAPTER 20 OF THE
CODE OF ORDINANCES RELATED TO BUILDING
MOUNTED SIGNS ALONG THE SR 434 NEW AND
REDEVELOPMENT CORRIDORS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, through the enactment of this Ordinance, the City Commission desires to
continue to preserve and improve the quality of urban life and aesthetics within the City of Winter
Springs. See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984);
Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Commission recognizes that the Oviedo/Winter Springs Regional
Chamber of Commerce is of the opinion that its members believe that temporary signage is an
inexpensive, effective way to promote business products and services; and
WHEREAS, the City Commission also recognizes that the Nation is currently in the midst
of a significant recession and that the City desires to relax the current temporary sign regulations in
order to assist in promoting business development and activities within the City; and
WHEREAS,the City Commission finds thatpursuing economic development and enhancing
and expanding economic activity within the City of Winter Springs serves a legitimate public
purpose. See § 166.021(9)(a), Fla. Stat.; and
WHEREAS, the City Commission finds that this ordinance is unrelated to viewpoint and
the content of any message, and maintains the City's legitimate and substantial government interest
in minimizing sight pollution and traffic and safety hazazds to persons and property during high
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winds, while at the same time balancing the need to promote economic development and the
business interests of the community; and
WHEREAS, the City Commission finds that the goals of this Ordinance are unrelated to the
suppression of free expression; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Assn of .Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglasville, Ga., 975 F. 2d 1505 (11`'' Cir. 1992); and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be ir.~ 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 incorporated herein by this
reference.
Section 2. Amendment to Chapter 16, Article III, Signs, of the City Code. The City
of Winter Springs Code of Ordinances, Chapter 16, Article III, Signs, is hereby amended as follows:
(underlined type indicates additions and strilccotrt type indicates deletions, while asterisks (***)
indicate a deletion from this 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):
CHAPTER 16. SIGNS AND ADVERTISING
***
ARTICLE III. SIGNS
DIVISION 1. GENERALLY
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:
On-Premises Sign shall mean a sign (1) identifying an activity conducted or products or
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services available on the premises where the sign is located, or (2) displaying a noncommercial
message or (3) any combination of the two. For purposes of this definition, common areas within
a duly_organized homeowner or condominium association shall be considered on-premises for each
individual unit or lot within said association in recognition of any right the unit or lot owner has to
use said areas under Florida law and the association's covenants and rules.
Temporary Sign shall mean a sign displayed before, during or after an event or occurrence
scheduled at a specific time and place, or which is not designed or intended to be placed permanently
inclusive for example, for rent signs, for sale signs, construction signs, real estate signs, management
signs, social or special event signs,.
***
Sec. 16-55 Exemption from permit requirements.
(a) The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
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(6) Temporary oneremises signs that do not exceed six (6) square feet, provided the signs meet the
requirements of set forth in sections 16-59 and 16-60.
***
Sec. 16-57 Prohibited Signs.
The following signs are hereby prohibited:
***
(11) Off-premises signs1 except tmporary off-premises signs may be authorized by yermit in
accordance with the Qrovisions set forth in section 16-60 of this article.
***
Sec.16-60, Supplemental Temporary Sign Requirements.
In addition to any other applicable provision of this article and code, the following minimum
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standards shall apply to all temporary signs:
(a) Temporary signs shall be removed within three (3) days after the date upon which the
sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded}.
However, incases where the temporary on-premises sign is advertising_products or
services for sale on the property, the temporary si may only be erected during the
time period when a person may actually.nurchase the products or services on the
prouerty. In addition, temporary off-premises signs shall be governed by the time
limits set forth in subparagrayh (e).
(b) On property zoned residential or used for residential purposes, no temporary sign
shall exceed six (6) square feet and the total number of temporary signs on any one
residential property shall not exceed four (4).
(c) On property zoned other than residential or used for non-residential purposes, no
temporary sign shall exceed nine (9) square feet and the total number of temporary
signs on any one non-residential property shall not exceedthirty-six (36) square feet.
However, on property with multiple commercial tenants, each tenant may erect one
temporary sign on or facing each street frontage adjacent to the~ropertv even if the
total square footage of temporary signage for the entire property exceeds thirty-six
sQUaze feet.
(d) If the temporary sign is a ground sign, the maximum height of any such sign shall be
foL?r (4) feet on property zoned or used for residential purposes, or eight (8) feet on
any non-residential property.
(e) Such signs shall also meet the following minimum standards: (a) the sign must be at
least five (5) feet from any right-of--way; (b) the sign must be at least ten (10) feet
from side and rear property lines; (c) the sign shall not be illuminated.
(f) Upon issuance of a building permit, areas under development pursuant to an
existing development order approved by the City shall be permitted one (1)
additional non-illuminated temporary sign not to exceed a sign area of sixteen
(16) square feet and six (6) feet in height for a single family lot orthirty-two
(32) square feet and ten (10) feet for multi-family, commercial, industrial,
and institutional development projects. Signs permitted hereunder shall be
permitted for one (1) year or until the building permits for the area under
development have expired or been revoked. All signs shall be removed when
the proj ect has been completed, suspended, or abandoned for at least three (3 }
months.
~ Temporarynff-premises si s may be erected upon issuance of a uermit b the city,
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provided the temporal off premises sig.~(s) meets the following, conditions•
(11 The sign may only be erected on property during weekends and national holidays
between the hours of 8:30 a.m. and 5.30 pm
(2) The sien may only be located within one (~ mile of the activity event orplace being
displayed or promoted on the sign and the activity event or place so displa eY d or promoted
on the sign shall be required to be located within the jurisdictional boundaries of the City
(31 The property owner on which the sip will be erected has consented to the placement of
the sign. However. the property owner shall not allow more than four (4 temporary off-
premises signs on anYone~pro~erty.
(4) The size, hei t, and placement of the sign shall comply with the requirements set forth
in this section.
(5) No sign shall be erected on or within any right-of--way.
(6) Any permit issued for an individual property under this subsection shall have a
maximum duration offorty-five (45) consecutive calendar days If the permit is for purposes
of promoting a specific activity or event. there shall be a maximum one permit limit for each
activity or event, provided, however, there shall also be a two permit limitper calendaz~eaz
for any particulazplace of business or residence Special events which are sponsored or
cosponsored by the city, countXor school district and which are intended to be open to the
general public and community at_large usine public facilities shall not be subject to the two
permit limit.
***
Sec.16-87. Banners.
A maximum of one (1) on-premises banner sign maybe erected on commercial, industrial,
ormulti-family zoned property provided that the banner does not exceed sixty-four (64) square feet
and is not erected for more than fourtcen fo -five (~45) calendar days during any one calendar year.
A maximum of one (1) on-premises banner sign may erected on property zoned residential provided
the banner does not exceed twenty-four (24) square feet and is not erected for more than three (3)
calendar days during anyone calendaz year. With respect to property zoned town center, the size and
time requirements set forth in this section shall be determined based on whether thepropert iy's being
used or permitted for commercial, multi-family, or residential purposes, with vacant, un-permitted
property within the town center being treated as commercial. All banner signs shall be securely
fastened to a structure in a manner to withstand weather elements commonly experienced by the city.
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***
Section 3. Amendment to Chapter 20 of the City Code. The City of Winter Springs
Code of Ordinances, Chapter 20 is hereby amended as follows: (underlined type indicates additions
and strii~eo~tt 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. 20-470. Signs.
All signs and sign elements, including shape, form, lighting, materials, size, color and location
shall be subject to approval by the city commission if such signs or sign elements are visible
from adjacent properties or a street right-of--way.
***
(3) Building mounted mttltr=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 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.
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.
f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-
four (24) inches in height for individual tenants other than anchor tenants. The maximum height
of letters and Logos for anchor tenants ' shall not exceed twenty-f ve (25) percent
of the building height. An anchor tenant is defined as the major business retail-storcfs}-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.
g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the
storefront the business occupies. The anchor tenant may have the signage permitted for a
building mounted single tenant identification sign.
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(4) Reserved. - ,
***
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 city commission if such signs or sign elements are visible
from adjacent properties or a street right-of--way.
***
(3) Building mounted muhi=tenant 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 of the building at a location near the principal tenant entrance, and be consistent with the
following criteria:
a. Shall be limited to one (1) sign per tenant for on-premises use.
b. The sign(s) shall be clearly integrated with the architecture of the building. Shall be
consistent in design, format, and materials with the architecture of the proposed building.
c. The sign(s) shall not project above any roof or canopy elevations.
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
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consistent in size, materials, and placement.
f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-
four (24) inches in height for individual tenants other than anchor tenants. The maximum height
of letters and logos for anchor tenants ' shall not exceed twenty-five (25) percent
of the building height. An anchor tenant is defined as the major business rctai~-storof shin a center
that is in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000)
square feet.
g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the
storefront the business occupies. The anchor tenant may have the signage permitted for a
building mounted single tenant identification sign.
(4) Reserved. ~ -
***
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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 maybe
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changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors maybe corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code maybe freely made.
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 City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, F'icrida,,in a regular
meeting assembled on the / 3'n' day of ~~ l f~ , 2009.
"' ~-' J~iN F. BUSH, I1~Iayor
A'
RENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
l''-
THONY A. GARGANESE, City Attorney
First Reading: May 26, 2009
Second Reading: July 13, 2009
Effective Date: See Section 7 .
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