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HomeMy WebLinkAboutOrdinance 2014-13 Billboard/EMC Revisions ORDINANCE NO.2014-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, REGARDING THE REGULATION OF EXISTING OUTDOOR OFF-PREMISE ADVERTISING DISPLAYSBILLBOARDS LOCATED WITHIN THE CITY OF WINTER SPRINGS ON U.S. 17-92; AMENDING THE CODE RELATED TO CHANGEABLE COPY SIGNS AND ELECTRONIC MESSAGE CENTERS; 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 regulations regulating outdoor off-premises advertising displays/billboards and changeable copy signs and electronic message centers within the municipal limits of the City; and WHEREAS, based upon previous legislative findings and upon recommendation of the City's Community Development Department,the City Commission desires to modify several technical provisions of the City's existing billboard sign regulations; 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 June 4,2014, and recommended that the City Commission adopt the amendments; 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. 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). City of Winter Springs Ordinance No. 2014-13 1 Sec. 16-77.- Outdoor display/billboards—Off-premises signs prohibited. (k) This subsection is intended to provide requirements for a person to propose converting an existing structure identified on the aforementioned inventory list, and which is located on real property abutting U.S. 17-92 and within the Seminole County 17-92 Redevelopment Area,to an off-premises digital billboard sign under negotiated terms and conditions approved by the City Commission. The purpose of this subsection is to adopt standards and restrictions for any such conversion that are pursuant to the interest of the citizens of the City and Seminole County and the Redevelopment Area related to visual aesthetics and the safety of vehicular traffic. No conversion shall be allowed in the City except as provided in this subsection. *** (2) If the City desires to engage in formal negotiations, the owner shall be required, as a precondition to negotiations,to execute an affidavit on a form prepared by the City Attorney. The affidavit shall provide at a minimum that the owner is acknowledging and agreeing that the future negotiations with the City are optional and at the sole discretion of the City.Further,the owner agrees that the City is under no obligation whatsoever to approve or deny the request and that the owner shall release and hold harmless the City regarding any decision made by the City on the request. Should the City Commission decide to approve an owner's conversion proposal, the conversion shall be subject to terms and conditions of a binding written agreement and the following minimum standards and requirements: *** (vi) Notwithstanding the current location of the existing structure being removed pursuant to this subsection,the City may require the digital billboard to be located elsewhere on the subject property in order to provide adequate buffer distances from the digital billboard and U.S. 17-92 and other public right-of-way, as well as from other sensitive areas adjacent to the subject property, or require the billboard to be located on other property abutting U.S. 17-92 which is owned by the owner of the structure or subject property if the relocation of the structure more fully satisfies the purpose of subsection(k)in comparison to the property on which the structure currently exists; *** Sec. 16-81-Changeable copy signs; electronic message centers. All changeable copy signs and electronic message centers shall be as follows: *** (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: City of Winter Springs Ordinance No. 2014-13 2 (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 . ' • _ . _. . . ' •• _ . . •- . . - . -.•- , . . •_ : - • . • . . •. -• . ' •- _ . messages• using the following transitional methods only: static, fade, dissolve, scroll, and fly-in. Static messages shall hold the display face for a minimum of two (2) seconds before transitioning to another static image. Messages that fade,dissolve,scroll,and fly-in shall transition to and from the display area at a rate of speed no faster than the medium speed program setting. (3) Messages or images displayed shall not have the appearance of flashing, flickering, blinking, pulsating, or motion videos. Transitions from one static image to the next shall appear within videos. Dissolving from one static imagc to the next within the three(3)second transition period shall not *** 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. City of Winter Springs Ordinance No. 2014-13 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting 4 assembled on the day of 1.03.7 , 2014. C ES AC , ayor ATT +ST ORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: June 23,2014 Legal Ad Published: June 12, 2014 Second Reading: July 28, 2014 Effective Date: July 28, 2014 City of Winter Springs Ordinance No. 2014-13 4