The URL can be used to link to this page

Home My WebLink About2003 04 14 Regular F Neon Signs Within the City COMMISSION AGENDA ITEM F Consent Informational Public Hearing Regular X April 14, 2003 Meeting e~ '- Mgr. 1 Att. / Dept. REQUEST: The City Attorney and City Manager request direction from the City Commission regarding the use of neon signs within the City. PURPOSE: Attached hereto is a proposed Ordinance which is to clarify the City Commission's intent regarding signs along the 434 corridor and the Greeneway Interchange, specifically (1) exposed neon signs shall be prohibited; (2) signs employing reflective materials that are either in motion or that gives the appearance of motion are prohibited; (3) notwithstanding the foregoing, neon may be used on signs for back lighting purposes, provided the tubing is not exposed. The attached Ordinance amends two sections ofthe City Code relating to signs to implement the above intent and to ensure consistency. APPLICABLE LAW AND PUBLIC POLICY: Section 2(b), Art. vrn of the Florida Constitution. Section 16-57 of the City Code, relating to prohibited signs. Section 20-337 ofthe City Code, relating to signs, Greeneway Interchange District Section 20-470 of the City Code, relating to signs, new development, within the 434 Corridor. Section 20-486 of the City Code, relating to signs, redevelopment, within the 434 Corridor. Page 1 of 2 . . CONSIDERATIONS: A. The current Code provides conflicting standards for the use of neon tubing within or upon signs in the 434 corridor, relating to new development and redevelopment. B. This Ordinance makes the use of neon consistent within the 434 corridor and Greeneway Interchange District. C. This Ordinance does not make the use of neon signs prohibited City wide. Neon may still be used in other portions ofthe City, for instance neon may specifically be used in the Town Center (See Section 110-327(f), City Code) although such use is subject to architectural review of the City. DISCUSSION: A. Does the City Commission wish to eliminate the use of exposed neon tubing throughout the City, not just in the 434 Corridor and Greeneway Interchange District? B. If the City Commission does wish to eliminate the use of exposed neon tubing in all other zoning districts, does the Commission desire to provide current users of exposed neon an amortization period in which to comply? Such a period would allow existing users of exposed neon signs to recoup their investment prior to having to comply through the removal of such signs. STAFF RECOMMENDATION: No motion needed at this time. ATTACHMENT: Ordinance 2003-06 COMMISSION ACTION: F:\DocsICity of Winter SpringslAgendaINeon_Sih'11S _ 041403_ Mtg. wpd Page 2 of 2 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 434 CORRIDOR INCLUDING THE GREENEWAY INTERCHANGE; 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; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under S 2(b), Art. vrn 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 State Road 434 Corridor and Greeneway Interchange District; and WHEREAS, the City Commission of the 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 Sections 20-337, 20- 470 and 20-486 are 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 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). A. Sec. 20-337. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and City of Winter Springs Ordinance No.2003-06 Page I of 4 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, including awning signs, shall be permitted provided that should neon lighting be utilized the neon tubing shall not be exposed. * * * B. 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 of the 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 forinat, and materials with the architecture ofthe proposed building. * * * (8) Backlit signs: Backlighting of signs. including awning signs~shall be permitted provided that should neon lighting be utilized the neon tubing shall not be exposed 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 01 reflecti vC mato ials so as to c.reate the appealanc.e of motion 01 neon. * * * City of Winter Springs Ordinance No.2003-06 Page 2 of 4 C. 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, including awning signs, shall be permitted provided that should neon lighting be utilized the neon tubing shall not be exposed. * * * (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 or H:.f1cctivG matGlial5 50 as to Cleate the. appearance ofmotiol1 01 neon. * * * 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 ofthe City of Winter Springs, Florida, and pursuant to the City Charter. [Signature Page Follows] City of Winter Springs Ordinance No.2003-06 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2003. 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: F:\Docs\City of Winter Springs\Ordinances\Neon_Sign_ 434_ Greenway_ Ord.wpd City of Winter Springs Ordinance No.2003-06 Page 4 of 4