HomeMy WebLinkAbout2011 12 07 Public Hearings 500 Ordinance 2011-15 Chapter 16 RevisionsPLANNING & ZONING BOARD
AGENDA
ITEM 500
December 7, 2011
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST: The Community Development Department — Planning Division requests that the
Planning and Zoning Board hold a public hearing to consider Ordinance 2011 -15, which revises
Chapter 16, Signs and Advertising, of the City's Code of Ordinances.
SYNOPSIS: Ordinance 2011 -15 proposes changes to Chapter 16 of the City's Code of Ordinances to
allow greater opportunity for local businesses and residents to advertise certain events associated with
the operation of their businesses and for the placement of temporary signs on property owned by a
homeowners association. The changes that are proposed are to Section 16 -60, Supplemental
Temporary Sign Requirements, and Section 16 -87, banners. The changes are being considered since
the current economic climate is causing many businesses and residents to seek additional ways to
advertise in the community in the event of a grand opening, garage sale or similar event. Based on this
situation, staff is proposing Ordinance 2011 -15 for consideration to address the need for additional
advertising.
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 163.2511- 163.3246 : (Provides that land development regulations for municipal
planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15 Ordinances in General.
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances, Chapter 16, Signs and Advertising
CONSIDERATIONS:
Ordinance 2011 -15 proposes several changes to Chapter 16 of the Code of Ordinances, specifically to
Section 16 -60, Supplemental Temporary Sign Requirements, and Section 16 -87, Banners.
The following changes to Section 16 -60, Supplemental Temporary Sign Requirements are being
proposed:
December 7, 2011
Planning & Zoning Board, Item 500
Page 2 of 3
1) Permit temporary signs to be erected in one or more designated common areas of a residential
subdivision that is owned and maintained by a homeowners association provided the property
owner obtains permission from the homeowners association as required by law and the
association's covenants and rules.
2) Allow balloons only to be utilized for a grand opening period not to exceed 30 days. The
balloon cannot rise to a height of more than 25 -feet above the roof of the building to which it is
attached. If the balloon is anchored into the ground, it cannot exceed 25 -feet in height above the
ground.
Currently, Section 16 -87 permits one (1) banner sign per commercial, industrial, and multi - family
property provided the banner sign does not exceed 64 square feet in area and is not erected for more
than 45 calendar days per calendar year. This provision of the Code applies citywide, including in the
Town Center. Many businesses in the Town Center occupy 2 frontages, and the current language
within this section requires these businesses to forego a banner sign on one of their frontages, which is
often the frontage that is internal to the Town Center. One ma j or event that businesses petition the City
to erect additional signage beyond the purview of the Code is during their respective grand opening
phase. Several proposals have included flags, which are not permitted in the current Code.
The following changes to Section 16 -87, regarding banner signs are being proposed:
1) Permit one (1) banner sign per building facade with a maximum of two (2) banner signs
permitted per business.
2) Continue to permit banners to be erected no more than 45 calendar days per calendar year. This
period can now be segregated into 4 lesser time periods per calendar year, provided the total
number of days does not exceed 45 calendar days per calendar year.
3) Permit one (1) additional banner sign per grand opening for new businesses, not to exceed 30
days, in addition to those described above.
4) Permit flags to count as one (1) banner sign, and permit a maximum of three (3) flags to be
erected per premises. Each flag cannot exceed 35 square feet in area and 12 -feet in height.
5) Allow the City Manager to issue a banner permit for an additional time period exceeding the 45
day limitation if the applicant demonstrates, in writing, good cause or a hardship related to
legitimate business needs and goals. for a hardship, or good cause shown, that must be
substantiated by the applicant to the City Manager's satisfaction.
FISCAL IMPACT:
None.
December 7, 2011
Planning & Zoning Board, Item 500
Page 3 of 3
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board
members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has
been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff.
Additionally, the Meeting Agenda has been sent to media /press representatives, all Homeowner's
Associations on file with the City, all individuals who have requested Agenda information, Department
Directors; and also posted outside City Hall; posted inside City Hall with additional copies available
for the general public.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the
City Commission for Ordinance 2011 -15, which revises Chapter 16, the Signs and Advertising Chapter
of the City's Code of Ordinances.
ATTACHMENTS:
A. Ordinance 2011 -15
Attachment " A "
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 16, OF THE CITY CODE REGARDING
BANNERS AND 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 § 2(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 revise the existing sign code to allow
greater flexibility to City businesses and citizens with respect to temporary signs; and
WHEREAS, during the current economic climate, providing businesses with additional
opportunities to use temporary signs will provide businesses with a low cost effective way to
attract customers and to maintain their businesses within the City limits; and
WHEREAS, the City's effort to adopt reasonable policies that assist in attracting and
retaining businesses within the City serves a legitimate governmental purpose and is consistent
with the economic development goals of the City; and
WHEREAS, the City Commission desires to revise the existing sign code related to
certain prohibited signs; 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
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. Chapter 16 of the Code of Ordinances, City of Winter
Springs, Florida, is hereby amended as follows ( underlined type indicates additions and str-ikeetrt
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 16. It is 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):
City of Winter Springs
Ordinance No. 2011 -
Page 1 of 5
CHAPTER 16 - SIGNS AND ADVERTISING
ARTICLE III. SIGNS
DIVISION 1. GENERALLY
Sec. 16 -57. Prohibited Signs.
The following signs are hereby prohibited:
(8) Balloon displays' except to the limited extent permitted in section 16 -60.
Sec. 16 -60. Supplemental temporary sign requirements.
(a) In addition to any other applicable provision of this article and code, the following
minimum 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, 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).
Q (b4On 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). Temporary signs authorized by this section may be
erected in one or more designated common areas of the residential subdivision that is
owned and maintained by a homeowners association provided such signs meet all
applicable requirements of this section. The property owner is responsible for obtaining
permission from the homeowners association as may be required by law and the
association's covenants and rules.
(3,) (-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 adjacent to the property even if the total square footage
of temporary signage for the entire property exceeds thirty -six square feet.
City of Winter Springs
Ordinance No. 2011 -
Page 2 of 5
(4,) (4) 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.
(€) 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.
(g) Temporary off - premises signs may be erected upon issuance of a permit by the city,
provided the temporary off - premises sign(s) meets the following conditions:
L,�J(4) 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 (1) 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 city.
(�) The owner of the property on which the sign 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 any one property.
LIPJ (4) The size, height, and placement of the sign shall comply with the
requirements set forth in this section.
(E,) (5} No sign shall be erected on or within any right -of -way.
0)- Any permit issued for an individual property under this subsection shall
have a maximum duration of forty -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 limit per calendar year for any particular place of
business or residence. Special events which are sponsored or cosponsored by the
City of Winter Springs
Ordinance No. 2011 -
Page 3 of 5
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.
Balloon Displays. Notwithstanding any other provision of this Code, balloon displays
may be utilized for a agr nd opening period not to exceed thirty (30) days. Any such balloon
display shall not be more than twenty -five (25) feet above the roof to which it is attached. If the
balloon display is not attached to a roof, it shall not exceed twenty -five (25) feet in height above
the ground.
DIVISION 2. STANDARDS
Section. 16 -87. Banners.
(a) Nonresidential Property. One banner sign per building facade, with a —A maximum of
two 2 one (1) on- premises banner sign per business may be erected on commercial,
industrial, or multi - family zoned property provided that the banner(s) does not exceed
sixty -four (64) square feet and are i-s not erected for more than forty -five (45) calendar
days during any one calendar year. This forty -five 45) day period may be divided into
four 4) lesser time periods, provided that the total number of days does not exceed
forty -five days per calendar year. In addition, for bona fide rag nd openings of a new
business, the new business shall be permitted to have one additional banner for a
maximum period of time of thirty (30) calendar days. A maximum of three flags may be
erected in lieu of banners authorized by this section, provided each flag shall not exceed
35 square feet in area and 12 feet in height. For non -grand opening signs, the City
Manager is authorized to issue a banner permit for an additional time period exceeding
the forty -five day limitation if the applicant demonstrates, in writing, good cause or a
hardship related to legitimate business needs and goals.
Residential Property. 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.
CcJ Town Center. With respect to property zoned Town Center, the size and time
requirements set forth in this section shall be determined based on whether the property
is 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
City of Winter Springs
Ordinance No. 2011 -
Page 4 of 5
banner signs shall be securely fastened to a structure in a manner to withstand weather
elements commonly experienced by the city.
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. Grammatical, typographical,
and like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be 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
the City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2012.
ATTEST:
CHARLES LACEY, Mayor
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 No. 2011 -
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