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HomeMy WebLinkAbout2002 07 08 Public Hearings G Second Reading - Ordinance 2002-21 Amending Section 16-55 of the City Code of Ordinances COMMISSION AGENDA ITEM G Consent Informational Public Hearing X Regular July 8, 2002 Meeting I Dept. REQUEST: The City Attorney requests the City Commission to consider second reading and final adoption of Ordinance 2002-21 amending Section 16-55 of the City Code of Ordinances. PURPOSE: The City Manager reported to the City Commission that he was receiving requests from local schools and organizations which were associated with these schools, for waivers from the sign permit fee, but the code did not provide him with the authority to waive such fees. The Commission supported a limited exemption from the sign permit fee requirement, and instructed the City Attorney to draft an ordinance which would provide for a certain number of waivers/exemptions per year for any school within the City andlor governmental agencies, and require the approval of the school principal prior to granting the request. APPLICABLE LAW AND PUBLIC POLICY: Section 2(b), Article VIII, of the State Constitution. Chapter 16 of the City Code of Ordinances. Page 1 of 2 CONSIDERA TIONS: Without an ordinance granting an exemption to the permit fee, schools and governmental agencies will be required to pay a fee for all signs erected within the City. STAFF RECOMMENDATION: The City Attorney recommends approval of this Ordinance. ATTACHMENT: Ordinance No.: 2002-21 COMMISSION ACTION: The City Commission approved first reading of Ordinance No. 2002-21 on June 10, 2002. F:\DocslCity of Winter SpringslAgcndalAgcnda.G.SignPennitFecs. 2002-21. 7-8-02. wpd Page 2 of 2 ORDINANCE NO. 2002-21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 16-55 OF THE CITY CODE OF ORDINANCES, ENTITLED EXEMPTIONS FROM PERMIT REQUffiEMENTS;PROVIDING FOR AN EXEMPTION FROM SIGN PERMIT FEES FOR SCHOOLS AND GOVERNMENT AGENCIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under S2(b), Art. 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 protect the character ofthe residential, business and industrial areas throughout the City, through enforcement of the City's sign regulations, but acknowledges various events held or sponsored by schools andlor governmental agency within the City, bring value and community pride, and WHEREAS, the City Code currently provides for several exemptions from the permit requirements of Chapter 16, the City Commission believes an additional exception for sign permit fees for school and governmental agency sponsored events will provide assistance to these events, and will not run counter to the intent and purpose of Chapter 16; 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 the reference as legislative findings of the City Commission of the City of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, Section 16-55 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 16. It is City of Winter Springs Ordinance No. 2002-21 Page I of 3 intended that the text in Chapter 16 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 m. Signs * * * Sec. 16-55. Exemptions from permit requirements. ill The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (1) Bulletin boards and identification signs for public, charitable, or religious institutions located on the premises of such institution and not exceeding twelve (12) square feet in total area. (2) Occupational signs denoting only the name, street, number and business of an occupation, a commercial building, public institution, building or dwelling, which do not exceed two (2) square feet. (3) Memorial signs or tablets, names of buildings and date of erection when cut into a masonry surface or when constructed of bronze or other incombustible materials. (4) Traffic or other municipal, county, state or federal signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency, or nonadvertising signs as may be approved by the city commIssIon. (5) One (1) "For Sale" or "For Rent" sign per parcel of property when such sign has an area per face of not more than six (6) square feet. (6) Identification signs at the entrance drive of residences, estates, and ranches, which do not exceed two (2) square feet. (7) Nonadvertising directional signs or symbols ("Entrance," "Exit," "Slow," "Caution," "No Trespassing," etc.) located on and pertaining to a parcel of private property, each not to exceed four (4) square feet. (Q} Each elementary and secondary school. public or private. or governmental agency located within the City shall be entitled to four (4) exemptions. within a twelve (12) month period. from the permit fee requirements of this Chapter. for signs or banners as defined within this Chapter. which advertise an event sponsored by the school or organizations affiliated with the school or a governmental agency. and which are temporary in nature and will be removed following the event. City of Winter Springs Ordinance No. 2002-2] Page 2 of 3 An exemption may be granted by the City Manager prior to the event upon receipt of a written request from the school principal or governmental agency director or manager. Section 3. 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 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 may be changed or modified as necessary to effectuate the foregoing. 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 the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2002. PAULP. PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: First Reading: Second Reading: Effective Date: Anthony A. Garganese, City Attorney F:\Docs\City of Winter Springs\Ordinances\SignPermitFees\Sign Permit Fee 2002.21.wpd City of Winter Springs Ordinance No. 2002-2] Page 3 of 3 - ~ ORDINANCE NO. 2002-21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 16-55 OF THE CITY CODE OF ORDINANCES, ENTITLED EXEMPTIONS FROM PERMIT REQUIREMENTS; PROVIDING FOR AN EXEMPTION FROM SIGN PERMIT FEES FOR SCHOOLS AND GOVERNMENT AGENCIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under S2(b), Art. 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 protect the character of the residential, business and industrial areas throughout the City, through enforcement of the City's sign regulations, but acknowledges various events held or sponsored by schools andlor governmental agency within the City, bring value and community pride, and WHEREAS, the City Code currently provides for several exemptions from the permit requirements of Chapter 16, the City Commission believes an additional exception for sign permit fees for school and govern!TIental agency sponsored events will provide assistance to these events, and will not run counter to the intent and purpose of Chapter 16; 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 the reference as legislative findings of the City Commission of the City of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, Section 16-55 is hereby amended as follows: (underlined type indicates additions and stl ikeoLlt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 16. It is Cily of Winler Springs Ordinance No. 2002-2 I Page I of 3 intended that the text in Chapter 16 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 1< 1< 1< Article Ill. Signs 1< 1< 1< Sec. 16-55. Exemptions from permit requirements. ill The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (1) Bulletin boards and identification signs for public, charitable, or religious institutions located on the premises of such institution and not exceeding twelve (12) square feet in total area. (2) Occupational signs denoting only the name, street, number and business of an occupation, a commercial building, public institution, building or dwelling, which do not exceed two (2) square feet. (3) Memorial signs or tablets, names of buildings and date of erection when cut into a masonry surface or when constructed of bronze or other incombustible materials. (4) Traffic or other municipal, county, state or federal signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency, or nonadvertising signs as may be approved by the city commISSIon. (5) One (1) "For Sale" or "For Rent" sign per parcel of property when such sign has an area per face of not more than six (6) square feet. (6) Identification signs at the entrance drive of residences, estates, and ranches, which do not exceed two (2) square feet. (7) Nonadvertising directional signs or symbols ("Entrance," "Exit," "Slow," "Caution," "No Trespassing," etc.) located on and pertaining to a parcel of private property, each not to exceed four ( 4) sq uare feet. .U:U Each elementary and secondary schooL public or private, or governmental agency located within the City shall be entitled to four (4) exemptions, within a twelve (12) month period, from the permit fee requirements of this Chapter, for signs or banners as defined within this Chapter, which advertise an event sponsored by the school or organizations affiliated with the school or a governmental agency, and which are temporary in nature and will be removed following the event. City of Winter Springs Ordinance No. 2002-21 Page 2 of 3 \ . ., ;., An exemption may be granted bv the City Manager prior to the event upon receipt of a written request from the school principal or governmental agency director or manager. Section 3. 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 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 may be changed or modified as necessary to effectuate the foregoing. 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 th~ 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 the City Charter. ADOPTED by the City Commission of the meeting assembled on the ~ day of Jul NZO- L U ACES Approv as to legal form and sufficiency for ty 0 . ter Springs only: First Reading: June 10, 2002 Second Reading: July 8, 2002 Effective Date: July 8, 2002 City of Winter Springs Ordinance No. 2002-21 Page 3 of 3