HomeMy WebLinkAbout2009 03 04 Public Hearing 501 Ordinance 2009-03 Amending Chapter 16 of the City CodeLPA/P&Z
AGENDA
ITEM 501
March 4, 2009
Meeting
Consent
Information
Public Hearin X
Re ular
DEPT
REQUEST:
The City Attorney, in cooperation with the Community Development Department, requests that
the Planning and Zoning Board hold a Public Hearing to consider Ordinance No. 2009-03,
amending chapter 16 of the City Code, as it relates to the signage.
PURPOSE: The purpose of this Agenda Item is to request the Planning and
Zoning Board hold a Public Hearing on an ordinance to bring the City's sign regulations,
which were comprehensively amended in 2006 for conformance with the outcome of
recent court cases, to make these sign regulations more conducive to effective business
communication of products and services.
DISCUSSION: The City's sign regulations were amended in October 2006 to make
them content-neutral, to be consistent with recent case law and, therefore, defensible
against legal challenges. The City Commission was asked to consider amending the
existing code, which currently prohibits off-premises signage. Based upon the
Commission's policy direction, the proposed ordinance defines properly owner
association common areas as "on-premises" for temporary signs placed by association lot
and unit owners, authorizes temporary "off-premise" signs, subject to the issuance of a
permit and other limitations in order to protect against an unreasonable proliferation of
such signs that could undermine the aesthetic and traffic safety government rationale
supporting the sign code. The proposed ordinance further clarifies the definition of a
"temporary sign," clarifies the removal requirements for temporary "on-premise" signs
advertising products and services, and adds language to ensure that each tenant in a multi-
tenant commercial property has the ability to place one "on-premise" temporary sign.
The P&Z may further consider the time limits set forth for banners in Section 16-87 of
the City Code. Currently, on commercial, industrial, or multi-family zoned property, one
banner, not to exceed sixty-four (64) square feet, may be permitted for a maximum
duration of 14 calendar days within one calendar year. On residentially zoned property,
March 4, 2009
Public Hearing Item 501
Page 2
one banner, not to exceed twenty-four (24) square feet, may be permitted for a maximum
of three (3) calendar days within one calendar year. Applicants for commercial banners
have complained that the expense and effort obtaining a banner permit is difficult to
justify for this limited time the banner may legally be in place. The board may decide to
include banners in its recommendation to the City Commission.
APPLICABLE LAW AND PUBLIC POLICY:
Section 2 (b), Article VIII. of the State Constitution.
Chanter 166, Florida Statutes.
Winter Sprinss Code of Ordinances. Chapter 16 & Chanter 20.
Recent Court Cases
FINDINGS:
• The request is in keeping with the intent of the City's Comprehensive Plan, and
Chapter 166 of Florida Statutes.
• The request is in conformance with the purpose and intent of the City Code and
with all applicable requirements.
• The request is in keeping with Article VIII, Section 2(b) of the State Constitution.
• The goals of this request are unrelated to the suppression of free speech.
• Aesthetic interests are a legitimate basis for regulating signage.
RECOMMENDATION:
The City Attorney and staff recommend the Planning and Zoning Board hold a public
hearing for Ordinance 2009-03 and recommend approval.
ATTACHMENTS:
A. Draft Ordinance No. 2009-03
B. Section 16-87
PLANNING & ZONING ACTION:
Page 2
ATTACHMENT A
DRAFT: 2/13/2009
ORDINANCE 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
TEMPORARY SIGNS; 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 that pursuing 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 hazards to persons and property during high
winds, while at the same time balancing the need to promote economic development and the
business interests of the community; and
City of Winter Springs
Ordinance 2009-03
Page 1 of 6
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 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, A5 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 strik~cont 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. SIGN5
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
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
City of Winter Springs
Ordinance 2009-03
Page 2 of 6
a duly organized homeowner or condominium association shall beconsidered 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:
***
(6) Temporary on-premises 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 signs, except temporary off-premise signs may be authorized by permit in
accordance with the provisions 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
standards shall apply to all temporary signs:
City of Winter Springs
Ordinance 2009-03
Page 3 of 6
(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 in cases where the temporary on-premises sign is advertising products or
services for sale on the property, the temporary sign may only be erected during the
time period when a person may actually purchase the products or services on the
property. In addition, temporary off-premises signs shall be governed by the time
limits set forth in subparagraph (g).
(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 exceed thirty-six (36) square feet.
However, on property with multiple commercial tenants, each tenant may erect one
temporary sign on or facing each street frontage adiacent to the property even if the
total square footage of temporary signage for the entire property exceeds thirty-six
square feet.
(d) If the temporary sign is a ground sign, the maximum height of any such sign shall be
four (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 or thirty-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 project has been completed, suspended, or abandoned for at least three (3)
months.
~ Temporarvnff-premise signs maybe erected upon issuance of a permit by the city,
provided the temporary off-premise sign(s) meets the following conditions:
City of Winter Springs
Ordinance 2009-03
Page 4 of 6
(1) The sign may only be erected on property during weekends and national holidays
between the hours of 8:30 a.m. and 5:30 p.m.
(2) The sign may only be located within one-half (''/z) mile of the activity, event or place
being displayed or promoted on the sign, and the activity, event or place so displayed or
promoted on the sign shall be required to be located within the jurisdictional boundaries of
the Ci
(3) The property owner on which the sign will be erected has consented to the placement of
the sign.
(4) The size height and placement of the sign shall comply with the requirements set forth
in this cecti~n_
(5) No sign shall be erected on or within any right-of--way.
(6) Any permit issued under this subsection shall have a maximum duration of thirty (30)
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 limit per calendar year for any particular place of business or
residence. Special events which are sponsored or cosponsored by the city, county or school
district and which are intended to be open to the general public and community at-large
using public facilities, shall not be subject to the two permit limit.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances andresolutions adoptedbythe CityCommission, orparts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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
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 5. 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 6. 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
City of Winter Springs
Ordinance 2009-03
Page 5 of 6
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2009.
JOHN F. BUSH, 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 Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance 2009-03
Page 6 of 6
ATTACHMENT B
§ 16-77
WINTER SPRINGS CODE
or by changing the display mechanism to permit
the display of multiple signs on a single sign face.
From and after the effective date of this Ord. No.
2001-50, no sign face on an existing structure may
be increased in size and the orientation of each
sign face located upon an existing structure may
not be changed.
(h) Except for an existing structure which is
non-conforming (which cannot be replaced), an
existing structure damaged or destroyed by flood,
fire, earthquake, war, riot, act of God or other
similar casualty loss may be reconstructed in the
same location with the same (or smaller or fewer,
as the case maybe) size and number of sign faces.
An existing structure may not be relocated to
another location.
(i) Except as specifically authorized by permit
issued by the State of Florida Department of
Transportation or as required by specific state
statute, no trees or vegetation shall be removed or
trimmed from the property upon which an out-
door off-premises sign is located or from property
adjacent thereto in order to enhance the visibility
of the outdoor off-premises sign.
(j) In connection with any off-premise signs
which are erected or constructed in violation of
the provisions of this section, each day that said
sign remains erected in violation of this section
shall constitute a separate violation and each
person responsible for erecting or constructing
such off-premise sign, including but not limited to
the real property owner, shall pay the city a
penalty of five hundred dollars ($500.00) per day
until the off-premise sign is removed.
(Code 1974, § 5-113(b); Ord. No. 2001-50, § 2,
10-22-O1; Ord. No. 2006-18, § 2, 10-23-06)
Sec. 16-78. Same-On-premises signs.
(a) Any outdoor advertising display/billboard
on-premises sign attached to a building shall
have a total allowable copy area, of one (1) square
foot for each lineal foot of store frontage.
(b) Such signs not attached to a building shall
be placed not less than twenty-five (25) 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.
(c) Signs not attached to a building, proposed
as part of a development plan, may be reviewed
and approved at the applicant's request in con-
junction with the city's site plan and sign permit
review process. If the sign is not proposed during
the site plan review process, a separate sign
permit application shall be required under this
article.
(Code 1974, § 5-113(c); Ord. No. 2006-18, § 2,
10-23-06)
Sec. 16-79. Supplemental sign regulations.
All signs shall also comply with other applica-
ble supplemental sign regulations including, but
not limited to, the S.R. 434 Corridor Regulations,
Town Center District Code, and Minimum Com-
munity Appearance and Aesthetic Review Stan-
dards set forth in section 9-600 et seq.
(Ord. No. 2006-18, § 2, 10-23-06)
Secs. 16-80-16-84. Reserved.
Editor's note-Ord. No. 2006-18, § 2, adopted Oct. 23,
2006, repealed former §§ 16-80-17-84 in their entirety. These
former sections derived from the Code of 1974 and respectively
pertained to political signs, construction signs, real estate
signs, gazage sale signs and directional signs.
Sec. 16-8b. Bench signs.
A franchise agreement between the city and
the applicant shall be required before bench signs
are permitted to be installed. Bench signs are
permitted subject to the terms and conditions of
such franchise agreement.
(Code 1974, § 5-113(j))
Sec. 16-86. Reserved.
Editor's note-Ord. No. 2006-18, § 2, adopted Oct. 23,
2006, repealed former § 16-86 in its entirety which pertained
to identification signs and derived from the Code of 1974.
Sec. 16-87. Banners.
Amaximum of one (1) on-premises banner sign
may be erected on commercial, industrial, or
multi-family zoned property provided that the
yF9F
Supp. No. 10 1052
SIGNS AND ADVERTISING
banner does not exceed sixty-four (64) square feet
and is not erected for more than fourteen (14)
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 calendar year. All
banner signs shall be securely fastened to a
structure in a manner to withstand weather ele-
ments commonly experienced by the city.
(Code 1974, § 5-113(1); Ord. No. 2006-18, § 2,
10-23-06)
Sec. 16-88. Weather.
All nonpermanent signs shall be moved to a
secure location upon a warning of high winds or
hurricane by the National Weather Service.
(Code 1974, § 5-116)
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 code en-
forcement officer or the building official, the owner
thereof, or person maintaining the sign, shall,
upon receipt of written notification from the build-
ing official or code enforcement officer, immedi-
ately 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 enforce-
ment 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 pre-
mises, shall immediately terminate the prohib-
ited illumination of such sign.
(e) Emergencies. In the case of emergency sit-
uations. the city manager or the city manager's
designee is hereby authorized to take such steps
§ is-sz
that may be necessary to secure or remove signage
that poses a threat to the public health, safety,
and welfare.
(Ord. No. 2006-18, § 2, 10-23-06)
Sec. 16-90. Implied consent.
Any person applying for, and the property
owner upon which the sign will be erected, and
receiving a permit for any sign hereby consents to
the following:
(1) Consents to complying with all provisions
of this Code: and
(2) Consents for city officials to come on pri-
vate property to inspect all signage and to
remove illegally erected signs upon rea-
sonable advanced notice by the city.
(Ord. No. 2006-18, § 2, 10-23-06)
Sec. 16-91. Piewpoint neutral.
Notwithstanding anything in this chapter or
code to the contrary, no sign or sign structure
shall be subject to any limitation based upon the
content (viewpoint) of the message contained on
such sign or displayed on such sign structure.
(Ord. No. 2006-18, § 2, 10-23-06)
Sec. 16-92. Severability.
(a) General If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause,
term, or word of this article or any other supple-
mental sign regulation set forth in section 16-79
is declared unconstitutional by the valid judg-
ment or decree of any court of competent jurisdic-
tion, the declaration of such unconstitutionality
shall not affect any other part, section, subsec-
tion, paragraph, subparagraph, sentence, phrase,
clause, term, or word of this article or any other
supplemental sign regulation.
(b) Severability where less speech results. With-
out diminishing or limiting in any way the decla-
ration of severability set forth above in subsection
(a), or elsewhere in this article or any other
supplemental sign regulation set forth in section
16-79, this article or any supplemental sign reg-
ulation, or any adopting ordinance thereof, if any
part, section, subsection, paragraph, subpara-
graph, sentence, phrase, clause, term, or word of
Supp. No. 10 1053