7997-08
ORDINANCE NO. 7997-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
ADOPT CRITERIA BY WHICH SANDWICH BOARD SIGNS MAY BE
PERMITTED IN CERTAIN AREAS, PROVIDE A FEE FOR SUCH
SIGNAGE, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY
AMENDING SECTION 3-1803.1, TO PROVIDE AN ADDITIONAL
EXCEPTION TO THE "PROHIBITED SIGNS" LIST FOR SUCH SIGNS;
AMENDING SECTION 3-1806.B, TO ADD A NEW SUBSECTION 7,
SANDWICH BOARD SIGNS, TO PROVIDE FOR PLACEMENT OF
SANDWICH BOARD SIGNS IN CERTAIN AREAS; AMENDING
SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION FOR
TRADITIONAL URBAN CORRIDOR; AMENDING APPENDIX A,
SCHEDULE OF FEES, RATES, AND CHARGES, TO PROVIDE A FEE
FOR SANDWICH BOARD SIGNS; CERTIFYING CONSISTENCY WITH
THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE AND FOR EXPIRATION AND
REPEAL ONE YEAR FROM DATE OF ADOPTION.
WHEREAS, sandwich board signs have been determined on a trial basis and in limited
circumstances to be desirable to permit in the City of Clearwater pursuant to Community
Development Code Section 3-1806.B.7; and
WHEREAS, the City adopted Community Development Code Section 3-1806.B.7 in
order to allow limited placement of sandwich board signs for properties abutting public rights-of-
way, and providing certain criteria; and
WHEREAS, the Cleveland Street Streets cape Project is now complete, and it has been
determined that on a trial basis and in limited circumstances it is desirable to allow the signs to
continue to be present on a temporary basis not to exceed one additional year, in order to
promote economic development and business activities in this developing area; and
and
WHEREAS, said one year shall commence upon the date of adoption of this ordinance;
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, "Development Standards", Division 18, "Signs", Section 3-
1803, "Prohibited Signs", is hereby amended as follows:
Ordinance No. 7997-08
Section 3-1803. Prohibited signs.
The following types of signs are prohibited:
* * * * * * * * * *
I. Sandwich board signs, except as provided in Section 3-1805.Y and 3-1806.8.7.
Section 2. That Article 3, "Development Standards", Division 18, "Signs", Section 3-
1806.8.7, is hereby established to read as follows:
Section 3-1806. Permitted signs requiring development review.
* * * * * * * * * *
8. Non-residential.
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7. Sandwich board siqns. No more than one sandwich board or "A" frame type siqns may
be placed adiacent to or upon public riqhts-of-way in front of a business location alonq
traditional urban corridors within the Downtown (0) District in accordance with the
followinq criteria:
a. Sandwich board siqns may be displayed on the sidewalk only durinq hours of
operation of the business and within the linear frontaqe of the specific business
location beinq advertised. Under no circumstance shall the sandwich board siqn
be stored exterior to the business location;
b. The size of any sandwich board siqn shall not exceed 42 inches in heiqht. 24
inches in width;
c. No sandwich board siqn shall be placed so as to block any public way, or within
the visibility trianqle of intersections or driveways. Placement may not reduce
sidewalk width to less than four feet clear area. Placement may not impede
inqress or eqress from a business entrance nor block access or visibility of a fire
hydrant;
d. The sandwich board siqn shall be of a non-illuminated, freestandinq, two-sided
desiqn comprised of metal. wood or synthetic materials such as chalkboard. The
siqn shall not be made from plastic or use plastic letterinq, and shall not include a
whiteboard;
e. The sandwich board siqn shall be professionally desiqned and may use shapes
and forms indicative of the type of business and the services beinq advertised;
f. Desiqn must be reviewed and approved before placement. Placement prior to
approval will not necessitate approval of the application as submitted;
q. The sandwich board siqn may not be attached to any structure or pole, and may
not include any movinq parts or attachments, includinq but not limited to:
balloons, pennants and streamers. However, attachable items such as a
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Ordinance No. 7997-08
removable chalkboard, that is intended to be an inteoral part of the sion and is
not precluded by any other of these criteria, may be permitted:
h. The applicant for a sandwich board sion shall indemnify the City from liability
from matters arisino from use of said sion and further shall obtain and provide the
City evidence of minimum oeneralliability insurance in the amount of $1,000,000
in a form acceptable to the City:
i. A nonrenewable permit shall be required and be issued for one calendar year or
any portion thereof, but in no event shall the period of permit effectiveness
extend beyond the expiration date of Ordinance no. 7997-08; and
i. Sions failino to meet these criteria are subiect to immediate removal from public
street. road, hiohway, rioht-of-way, or other public property. Sandwich board
sions permitted as provided for in this subsection and located upon public rioht-
of-way may be moved or removed by the City for municipal purposes as may be
necessary from time to time.
Section 3. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
read as follows:
* * * * * * * * * *
Traditional Urban Corridor means a plot or parcel of land used for non-residential or
commercial purposes, where owino to traditional urban development patterns, structure location
or placement is immediately adiacent to a public or private rioht-of-way. Additionally, such
locations are where such urban development patterns preclude placement of permanent
freestandino sions.
* * * * * * * * * *
Section 4. That Appendix A, "Schedule of Fees, Rates, and Charges", of the Community
Development Code, be, and the same is hereby amended to read as follows:
**********
XVI. SIGNS:
* * * * * * * * * *
(2) Sandwich board sions (1 year or portion thereof) ...................................................$25.00
Section 5. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 6. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
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Ordinance No. 7997-08
Section 7. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 8. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 9. This ordinance shall take effect immediately upon adoption, and shall
expire and be repealed and be of no further force and effect one year from date of adoption.
PASSED ON FIRST READING
AS AMENDED
September 4, 2008
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 18, 2008
~;:~
f=r:ank V. Hibbard
Mayor
Approved as to form:
Attest:
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Ordinance No. 7997-08