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HomeMy WebLinkAboutOrdinance 2013-09 Unified Sign Codes ORDINANCE NO. 2013-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, REGARDING THE REGULATION OF SIGNS; AMENDING CHAPTER 16, ARTICLE III, SIGNS; RENUMBERING AND UNIFYING THE STATE ROAD 434 SIGN REGULATIONS SET FORTH IN SECTIONS 20-470 AND 20-486 INTO CHAPTER 16, ARTICLE III AS AMENDED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE CODE; 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 has previously adopted a comprehensive set of land development regulations regulating signs within the municipal limits of the City; and WHEREAS, upon recommendation of the City's Community Development Department, the City Commission desires to adopt several technical amendments to the City's existing sign regulations and renumber certain section for purposes of consolidating existing sign regulations into Chapter 16, Article III of the City Code; and WHEREAS, the City's Land Planning Agency conducted a public hearing regarding the Code amendments recommended by the Community Development Department set forth in this Ordinance on August 14, 2013 and recommended that the City Commission adopt the amendments; and WHEREAS, due to the technical nature of the amendments set forth herein, the City Commission hereby adopts by this reference for the sake of simplicity, all previous legislative findings and references to legal authority made by the City Commission supporting the regulation of signs within the municipal limits of the City; 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 City of Winter Springs Ordinance No. 2013-09 1 reference as legislative findings of the City Commission of Winter Springs. Section 2. Chapter 16 Sign Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 16, Article III, Signs, 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, 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. 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: Animated sign is any sign or part of a sign which is designed or intended to change physical position by any movement or rotation. Animated signs do not include digital signs or electronic message boards. Awning sign is a sign incorporated to or attached to an awning. * * * Changeable copy sign is a non-electronic sign or portion thereof with characters, letters or illustrations that can be changed or rearranged manually without altering the face of the sign. Copy is any combination of individual letters, numbers, symbols, depictions and the like, which are intended to inform, direct or otherwise transmit information. Copy area or sign area shall mean the entire area of the sign occupied by copy. Copy area or sign area is measured by encloseding by one continuous perimeter line, enclosing the extreme limits of the sign which contains copy, including all ornamental attachments, insignias, symbols, logos, trademarks, interconnecting links and the like, and any stripe, frame or border. Sign area does not include the main support structure of the sign unless it contains copy. used f r s:gr display purposes. The calculation for a double faced sign shall be the area of one face only. The calculation for wall signs, if permitted hereunder, comprises individual letters, numbers, symbols and the like,where the exterior wall of the building upon which it is affixed acts as the background of the sign, shall be calculated within the smallest regular geometric figure needed to encompass the sign display. Digital sign or electronic message center is a sign without moving parts whose content may be changed by electronic process through the use of intermittent light or lights, including light emitting diodes, liquid crystal display, and plasma screen image display. * * * City of Winter Springs Ordinance No. 2013-09 Electronic signs shall mean a sign on which the copy chang s automatically by electronic means. * * * Illuminated sign is a sign whose light source is either located in the interior of the sign so that the light rays go through the face of the sign, or which is attached to or near the face of the sign and is perceived as a design element of the sign. * * * Signs shall mean any surface, fabric, device, or display, whether illuminated or non-illuminated, which is used for visual communication and which is designed to identify, announce, direct or inform the public and can be seen off-site from the right-of-way or other properties (not on the site where the sign is located). The term sign does not include small decorative, temporary ornamental residential yard or lawn decorations, statuaries, signs and flags commonly inserted into the ground at a residence by step stakes in gardens,mulch beds and flower pots. Further, the term sign does not include ornamental decorations used for such purposes on commercial properties, provided said decorations are: (i) located on private property; (ii) not mechanically or electronically operated (wind movement acceptable); (iii) limited to a maximum number of two (2)per commercial property; and (iv) limited to a size of six (6) square feet in area per decoration. * * * Sec. 16-54. - Applications; permit fees; review period; approval criteria; appeals. (a) All sign permit applications shall be filed on forms supplied by the city. The application shall contain the following information and documents: (1) The name, address and telephone number of the property owner and applicant if different than owner. (2) The name, address, telephone number and state license number of the sign contractor/manufacturer and if applicable, the same information for the engineer and architect. (3) The street address, legal description and tax identification number of property upon which proposed sign is to be located. (4) The zoning and future land use designation of the property on which the sign is to be located. City of Winter Springs Ordinance No. 2013-09 3 (5) The type of sign, square footage, height and location of all signs currently located on the premises. (6) The type of sign, square footage, design, sign area, height, location and fully dimensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign is to be electrically lighted,the electrical plans and specifications for the sign. In addition, the name and address of the electrical contractor accompanied by the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the property owner. (8) A fully dimensioned site plan showing the lot frontage, building frontage or business, establishment or occupant frontage, parking areas and location of all existing and proposed signs. For ground signs and temporary signs, the site plan shall show the distance from the right-of-way and property lines, and street corner visibility calculations. (9) For temporary signs, over six (6) square feet on residential properties, or nine (9) square feet on commercial properties, name, date and time associated with the event and a time frame for the temporary sign to come down. (10) The type of construction, materials, sign supports, electrical details for the proposed sign. (11) Wind load calculations and footer details for the proposed sign as required by the city's adopted building code. * * * Sec. 16-57. - Prohibited signs. The following signs are hereby prohibited: (1) Snipe signs and signs attached to trees; (2) Freestanding signs; (3) Obscene signs; (4) Hazardous signs; (5) Electronic signs,aAnimated signs or signs of a flashing, running or revolving nature; (6) Bus stop shelter signs, except those required by the City or the transit authority to designate the district location/address of the shelter; (7) Any sign placed on public right-of-way that does not constitute a bona fide traffic control device installed for the safety of pedestrians and vehicles; City of Winter Springs Ordinance No. 2013-09 4 (8) Balloon displays, except to the limited extent permitted in_section 16-60; (9) Spot or search lights; (10) Trailer signs; (11) Off-premises signs, except temporary off-premises signs may be authorized by permit in accordance with the provisions set forth in section 16-60 of this article; (12) Unless otherwise expressly authorized by the City Code, signs with exposed neon tubing. The use of neon tubing to outline buildings, windows or doors shall be prohibited. However, window signs may utilize exposed neon tubing for the advertising of products or services provided the size of the sign is less than or equal to four (4) square feet; (13) Backlit awning signs; (14) Discontinued signs; (15) Roof signs, except as permitted in the Town Center District Code; (16) Pole signs; (17) Signs attached to temporary structures; (18) Window signs not meeting the requirements of section 16-55(a)(5), City Code; (19) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the right-of-way or adjacent property; (20) Signs located or erected on a parked motor vehicle which are intended primarily for display purposes and not regularly used for transportation purposes and which are visible from the right-of-way or adjacent property; (21) Signs painted directly on any exterior wall unless located on property zoned commercial or industrial and such sign is approved by the city commission in accordance with the aesthetic review procedures set forth in section 9-600, et seq.; (22) Hazardous sign; and (23) Any sign not expressly authorized under the City Code. Sec. 16-61. - 911 emergency response system. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property,.and shall be visible from the public or private street, and shall comply with the requirements of the Florida Building Code. For commercial and industrial buildings, the address or range of addresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area. In addition to the address being posted on a single family residential mailbox or single family dwelling, a sign not to exceed three (3) square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. * * * City of Winter Springs Ordinance No. 2013-09 5 Sec. 16-76. - Generally. All signs shall be maintained in original condition and maintained in accordance with any permitted condition.No sign shall be placed in a city-controlled right-of-way with the exception of authorized traffic control devices. Any sign erected on private property that exceeds six (6) square feet in area on residential properties, or nine (9) square feet in area on commercial properties, requires the payment of a fee to and a permit from the building department, and shall display an official city sticker showing the permit date and any expiration thereof. No sign shall obstruct the sight of any roadway or driveway intersection or approach between two (2) feet and five (5) feet from ground level. * * * Sec. 16-78. - . •• • ! • • •• • • • Reserved. 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 conjunction 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. * * * 16-80. Limitations on certain on-premises signs including attached to buildings. Unless more restrictive limitations are expressly provided elsewhere in the City Code: (a) Any sign attached to a building shall have a total allowable copy area, of one and one half(1.5)square foot for each lineal foot of store frontage. A sign which is setback more than 100-feet from the right-of-way shall have a total allowable copy area of two (2) square feet for each lineal foot of store frontage. A second wall sign may be permitted for buildings located on a corner lot, or for buildings located on an out-parcel that has frontage adjacent to an internal roadway. (b) Any sign not attached to a building shall be placed not less than twenty-five (25) City of Winter Springs Ordinance No. 2013-09 6 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. 16-81. Changeable copy signs; electronic message centers. All changeable copy signs and electronic message centers shall be as follows: (a) The sign cabinet shall be constructed of all aluminum extrusion or better as approved by City staff taking into consideration compatibility with the affected property and the surrounding area and applicable sound building standards. (b) Changeable copy signs and electronic message centers may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: 1. With the exception of billboards which are regulated by other provisions of the City Code, changeable copy signs shall not comprise more than twenty-five (25) percent of the permitted sign area and electronic message centers shall not comprise more than fifty (50) percent of the permitted sign area. 2. Electronic message centers shall display static images only. Such static images shall hold the display face for a minimum of eight (8) seconds before transitioning to another static image. 3. Transitions from one static image to the next shall appear within three (3) seconds and shall not have the appearance of flashing, flickering, blinking, pulsating animation or videos. Dissolving from one static image to the next within the three (3) second transition period shall not constitute animation for purposes of this article. 4. All electronic message centers shall come equipped with functioning automatic dimming technology which automatically adjusts, at all times while the electronic message center is operating, the sign's brightness in direct correlation with ambient light conditions. 5. No electronic message center shall exceed a brightness level of 6,000 NITs (NITs are the standard measure of brightness for electronic signs and devices) during daytime use or 500 NITs during nighttime use and to account for adverse weather conditions that reduce the amount of sunlight. 6. Upon issuance of a building permit for an electronic message center, the applicant shall sign an affidavit of acknowledgement provided by the Community Development Department on a form prepared by the City Attorney which requires the owner and/or user of the sign to acknowledge the display requirements set forth in the City Code and the penalties for failure to City of Winter Springs Ordinance No. 2013-09 7 abide by these requirements. * * * 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 es& -- ----- - building official or the building official designee,the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the building official or code enforcement officer, immediately 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 enforcement 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 premises, shall immediately terminate the prohibited illumination of such sign. (e) Emergencies. In the case of emergency situations..-1 the city manager or the city manager's designee is hereby authorized to take such steps that may be necessary to secure or remove signage that poses a threat to the public health, safety, and welfare. * * * Section 3. Section 20-470 Code Amendment and Renumbering. The City of Winter Springs Code of Ordinances, Section 20-470 is hereby renumbered as 16-82 and amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 20-470. It is intended that the text in Section 20-470 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance. However, it is further intent of this Ordinance to renumber 20-470 as 16-82, as amended herein, in order to more fully unify the City's sign code regulations into Chapter 16, Article III, as follows: Sec. 20-470. —Signs-Reserved. 16-82 Special supplemental regulations for properties located on State Road 434. The following design standards shall apply to the State Road 434 Overlay District which includes all properties lying within the corporate limits of the City of Winter Springs adjacent to City of Winter Springs Ordinance No. 2013-09 8 the S.R. 434 right-of-way (inclusive of the entire parcel adjacent thereto) from U.S. 17/92 to the easternmost boundary of the City of Winter Springs with the exception of properties within the Town Center District, which are subject to other sign regulations set forth in the City Code. All subject to approval by the city commission if such signs or sign elements are visible from adjacent properties or a street right of way. (1) Ground mounted multi-tenant sign: For each multi-tenant development under separate ownership, one (1) wide-based monument style, permanent sign with landscaped base identifying the name of the development and businesses within the development shall be permitted. The top of the sign cannot exceed 120 percent of the width of the sign base. For developments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only be reserved for the tenants' on-premises use. b. Shall be located no closer than fifteen (15) ten (10) feet from front, side, or rear property lines. c. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. A entry wall The sign shall not be higher than eight (8) twelve (12) feet above the closest driveway or vehicular use area. f. Signs shall be in an enclosed base. The width of the base shall not exceed 1.20 percent of the width of the sign base. a minimum width of two thirds (2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. The landscaping shall be maintained at all times in livable form and in a fashion not to obstruct the views of the sign face. g. Signs shall be in accordance with the following size and height schedule: City of Winter Springs Ordinance No. 2013-09 9 Building Size (Gross Floor Area) Maximum Copy Area Maximum Height Under 75,000 square feet 32 64 square feet 12 feet 75,000-250,000 square feet 48. 96 square feet 14 feet Over 250,000 square feet 64 128 square feet 16 feet h. Multi-tenant centers are permitted additional directional sign for each anchor tenant according to the following schedule: Building Size (Gross Floor Area) Anchor Tenant Additional Sign Under 75,000 square feet 2 of 12 square feet 75,000-250,000 square feet 3 of 12 square feet Over 250,000 square feet 4 of 12 square feet An anchor tenant is defined as the major retail store(s) in a center that is/are in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. (2) Ground mounted single-tenant sign: One (1) wide-based monument style, permanent sign shall be permitted per single-tenant parcel. One additional permanent wide-based monument style sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on premises use. b. Shall be located no closer than fifteen (15) ten (10) feet from the front, side or rear property lines. c. Shall not exceed two (2) faces. d. Sign copy area shall not exceed thirty two (32)sixty-four 64) square feet per face. For parcels in excess of 4.0 acres, the project identification sign face may be increased to forty eight (48)ninety-six (96) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. The sign shall not be more than eight (8) twelve (12) feet in height above the closest driveway or vehicular use area. City of Winter Springs Ordinance No. 2013-09 10 g. Signs shall be in an enclosed base that is no more than 120 percent of the width of the bases. at a minimum the full width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. (3) Building mounted tenant identification sign (wall signs) 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 be limited to one sign per tenant for on-premises use. A tenant occupying a corner unit or an out-parcel unit may be permitted to have a second wall sign. b. The sign(s) shall be clearly integrated with the architecture of the building, and shall be consistent in design, format, and materials with the architecture of the proposed building. c. The sign(s) shall not either project above any roof or exceed a height of fourteen (14) feet. d. Wall signs shall display only one (1) surface and shall not be mounted more than twelve (12) inches from any wall. e. When more than one (1)tenant sign is used on one (1)building, all tenant signage shall be consistent in size, materials, and placement. f. Building mounted tenant signs shall have a total allowable copy area of one and one half(1.5)square feet for each lineal foot of store frontage. Signs set back more than 100 feet from the right-of-way shall have a a total allowable copy area of two (2) feet for each lineal foot of store frontage. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty four (24) inches in height for individual tenants other than anchor tenants. The maximum . -. le ._ --•-•-• . -- 1111 - .. storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. (1) Reserved. (5) Reserved (6) Reserved. City of Winter Springs Ordinance No. 2013-09 11 (7) Changeable copy signs. In order to create continuity throughout the corridor all a. The sign cabinet shall be all aluminum extrusion or better as approved by staff. . . - - - - . . • corporated into permitted signs and shall be included as part of 1. Changeable copy signs shall not comprise more than twenty five (25) percent of the permitted sign area. (84) Back/it signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (95) Permanent flags: The following standards shall apply to permanent flags: a. One (1) flagpole may be permitted per parcel. b. The maximum width from top to bottom of any flag shall be twenty (20)percent of the total distance of the flag pole. c. Flagpoles shall maintain the same setback requirements tenant monument signs. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. (406) Nonconforming signs. a. Any sign, other than billboards, which is became nonconforming when Ordinance No. 675 was adopted and establishing the City's S.R. 434 land development regulations were (and shall remain) required to be shall be amortized and may be maintained until by November 14, 2002. b. At or prior to November 14, 2002, all signs which became nonconforming signs pursuant to Ordinances No. 675 and 683 shall be removed and may be replaced with signs that conform to the design standards set forth in this section - ..' . j - 9- - .. --- regulations. c. Violations shall be subject to Chapter 2, Article 3, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. Section 4. Section 20-486 Repealed and Reserved. The City of Winter Springs Code of Ordinances, Section 20-486 stated below is hereby repealed in its entirety as follows: City of Winter Springs Ordinance No. 2013-09 12 Sec. 20-486. Reserved. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and visible from adjacent properties or a street right of way. (1) Ground mounted multi tenant sign: For each multi tenant development under separate ownership, one (1) wide based monument style permanent sign with landscaped base identifying the name of the development and businesses within the development shall be permitted. For • . .. - - • "•*: .::• •: -• sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only be reserved for the tena ' :• : -••• - . .. - c. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. A wall sign shall not be higher than eight (8) feet above the closest vehicular use area. f. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. g. Signs shall be in accordance with the following schedule: Building Size (Gross Floor Area) Maximum Copy Ar- Maximum Height Under 75,000 square feet 32 square feet 12 feet 11. . ... 4 .. - -- 4 • - -- A -- Over 250,000 square feet 64 square feet 16 feet • Building Size (Gross Floor Area) Anchor Tenant Additional Sign Under 75,000 square feet 2 of 12 square feet 75,000 250,000 square feet 3 of 12 square feet Over 250,000 square feet 4 of 12 square feet City of Winter Springs Ordinance No. 2013-09 13 An anchor tenant is defined as the major retail store(s) in a center that is in excess of one hundred(100) front feet and a minimum area of ten thousand (10,000) square feet. (2) Ground mounted single tenant sign: One (1) wide :. -: - : . - - - • . - sign shall be permitted per single tenant parcel. One additional permanent wide based monument than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on premises use. .. _ . . . - . -- . . . - . c. Shall not exceed two (2) faces. d. Sign copy area shall not exceed thirty two (32) square feet per face. For parcels in building. vehicular use area. g. Signs shall be in an enclosed base a minimum width of two thirds (2/3)the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. (3) Building mounted tenant sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior following criteria: a. Shall be limited to one (1) sign per tenant for on premises use. b. The sign(s) shall be clearly integrated with the architecture of the building. Shall be consistent in design, format, and materials with the architecture of the proposed building. c. The sign(s) shall not project above a .. . . .. - - : . d. Wall signs shall display only one (1) surface and shall not be mounted more than twelve (12) inches from any wall. City of Winter Springs Ordinance No. 2013-09 14 be consistent in size, materials, and placement. The maximum size of sign letters and logos, including any sign backgrounds, shall be height of letters and logos for anchor tenants shall not exceed twenty five (25) percent of the building height. An anchor tenant is d fined as the major business in a center that is in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the mounted single tenant identification sign. ('I) Reserved. (5) Changeable copy signs: In order to creat continuity throughout the corridor all changeable copy signs shall be as follows: Changeable copy signs may be incorporated into permitt d signs and shall be included as part of the permitted sign area as described below: 1. Changeable copy signs shall not comprise more than twenty five (25) percent of the permitted sign area. (6) Backlit signs: Backlighting of signs shall be permitted, provided that should neon (7) Permanent flags: The following standards shall apply to permanent flags: a. One (1) flagpole and one (1) flag may be permitted per parcel. b. The maximum width from top to bottom of any flag shall be twenty (20)percent of the total distance of the flag pole. c. Flagpoles shall maintain the same setback requirements as tenant monument signs. d. Flagpole heights shall be between twenty (20) and thirty five (35) feet in height above (8) Nonconforming signs. City of Winter Springs Ordinance No. 2013-09 15 a. Any sign, other than billboards, which is nonconforming shall be amortized and may be maintained until November 11, 2002. b. At or prior to November 14, 2002, all nonconforming signs shall be removed and may be replaced with signs that conform to the de-':- . .. . - ..' . c. Violations shall be subject to Chapter 2, Article III, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. Section 5. 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 6. 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 7. 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 8. 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. [Adoption Page Follows] City of Winter Springs Ordinance No. 2013-09 16 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 9th day of September , 2013. CH 'LES AC ' / .yor ATTES - LA AN"Ii *J1ro RENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR TH CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Legal Ad Published: July 11, 2013 First Reading: August 26, 2013 Second Legal Ad Published: July 11, 2013 Effective Date: See Section 8. City of Winter Springs Ordinance No. 2013-09 17