HomeMy WebLinkAboutOrdinance 2011-15 Amending Chapter 16 Banners and Signage ORDINANCE NO. 2011-15
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, 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 stfikeeut
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 -15
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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:
(1) (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).
(2) (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). 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) (E) 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.
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Ordinance No. 2011 -15
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(4) (E) 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.
(5) (0 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.
(6) (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.
(7) (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:
(A) (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.
(B) ()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.
(C) (-3-) 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.
(D) (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.
(F) (6) 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 -15
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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.
(b) Balloon Displays. Notwithstanding any other provision of this Code, balloon displays
may be permitted subject to the following:
(1) Balloon displays may only be permitted for one (1) grand opening period not to exceed
forty -five (45) calendar days.
(2) Balloon displays shall not exceed twenty -five feet (25') in height 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 ground level.
(3) Balloon displays comprised of tethered balloons shall not exceed one hundred feet (100')
in height above ground level. At the discretion of the Community Development Director
this height allocation may be reduced or the balloon permit application may be denied if
site conditions such as trees, aerial utility lines, adjacent roadways, or other
circumstances warrant, in order to ensure the safety and welfare of the public. Tethered
balloon displays shall not be displayed between dusk and dawn each day or on
excessively windy days where the wind causes the display to be offset more than 30
degrees from vertical.
(4) Balloon displays secured by a cable, cord or rope may have small pennants attached
thereto for visibility purposes, but shall not contain additional advertising.
DIVISION 2. STANDARDS
Section. 16 -87. Banners.
(a) Nonresidential Property. One banner sign per building facade, with a-4 maximum of
two (2) one (1) on- premises banner signs 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 is not erected for more than forty -five (45) calendar
days during any one calendar quarter year. In addition, 45 -day periods may occur
consecutively over two (2) quarters provided the applicant renews the permit prior to the
expiration of each 45 -day period. For bona fide grand openings of a new business, the
new business shall be permitted to have one additional banner for a maximum period of
time of forty -five (45) 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
City of Winter Springs
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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
(45) day limitation if the applicant demonstrates, in writing, good cause or a hardship
related to legitimate business needs and goals.
(b) Residential Property. A maximum of one (1) on- premises banner sign may be 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 any_one calendar
year.
(c) 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
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.
Section 7. Sunset Review. One (1) year after the effective date of this
Ordinance, the City Manager is hereby instructed to place this Ordinance on the City
Commission agenda for review at a regularly scheduled Commission meeting. The agenda item
shall contain background information regarding the application of this Ordinance during the
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Ordinance No. 2011 - 15
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previous year. At the meeting, the City Commission will discuss the effectiveness of this
Ordinance and whether or not the Ordinance should remain the same or be modified or repealed.
ADOPTED by the City Commission of the City of Winter Springs, Florida. in a regular
meeting assembled on the 23rd day of January, 2012.
'' III- • 471 ES LAS''Y
ATTE T:
i ' 'II.
AND ' ^ NrFi ' !' O- LUACES, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FORTH CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: January 9, 2012
Second Reading: January 23, 2012
Effective Date: January 23, 2012
City of Winter Springs
Ordinance No. 2011 -15
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