Loading...
6997-02 ORDINANCE NO. 6997-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO SIGNS; AMENDING SECTIONS 3-1803(B), 3-1803(1), 3-1803(L), 3-1805(C)(2) AND 3- 1806(B)(5), AND ADDING SECTIONS 3-1805(U), 3-1805(V), 3- 1805(W) AND AMENDING 8-102 TO CLARIFY STANDARDS FOR REVIEW AND APPROVAL OF CERTAIN SIGN TYPES AND TO CLARIFY THE ALLOWANCE OF CERTAIN SIGN TYPES WITHOUT DEVELOPMENT REVIEW; MODIFYING SECTION 3- 1807 TO PROVIDE ADDITIONAL FLEXIBILITY FOR CERTAIN SIGNS IN THE TOURIST AND DOWNTOWN DISTRICTS AND PROVIDING ADDITIONAL CONSISTENCY CRITERIA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 3-1803(B) of Code of Ordinances prohibits certain sign types, but provides a limited exception for governmental and public purpose signs approved by the city manager or city commission (a) that are for special events, (b) that are limited in time, and (c) that are limited in frequency; WHEREAS, Section 3-1803(1) of the Code of Ordinances prohibits sandwich board signs, except in the Downtown District; WHEREAS, Section 3-1803(L) of Code of Ordinances prohibits signs located on publicly owned land or easements or inside street rights-of-way, but provides for various exceptions including an exception for signs on public property which are required or erected by permission of the city manager or city commission, which signs have in practice been limited to signs providing for public notice of public meetings and special events open to the public; WHEREAS, Section 3-1805(C)(2) of the Code of Ordinances permits certain temporary signs on a case by case basis without development review, if the temporary signs are for (a) a special event, and/or (b) a public purpose, and further provides that the community development coordinator shall approve (1) the sign type, (2) the sign size, (3) the sign design, and (4) the length of display; WHEREAS, Section 3-1806(B)(5) of the Code of Ordinances provides that the following sign type shall be permitted in non-residential districts: "changeable copy signs," provided they (a) are located on public property and (b) serve a significant public purpose; WHEREAS, the purposes underlying the sign regulations, as set forth in Section 3- 1802 of the Code of Ordinances, are taken into account whenever discretion is exercised by any public official in connection with review and approval of signs; WHEREAS, the content of the message, i.e., the viewpoint expressed, is not taken into account in connection with the review and approval of signs, inasmuch as Section 3- 1804(H) specifically provides that "Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign"; WHEREAS, allegations have been made that public officials in the City of Clearwater have "unfettered" discretion in connection with the review and approval of signs; WHEREAS, the City of Clearwater believes that the Development Code and the provisions contained in Article 3, including the purposes set forth in Section 3-1802, remove the review and approval process from being one of "unfettered" discretion; WHEREAS, the City of Clearwater desires to clarify the standards for review and approval of certain sign types and to clarify the allowance of certain sign types without development review as more specifically set forth herein; WHEREAS, the City of Clearwater desires to provide additional flexibility criteria for certain signs in the Tourist and Downtown districts as more specifically set forth herein, and to provide additional consistency criteria as more specifically set forth herein; WHEREAS, the City of Clearwater desires to provide for the severability of the provisions of this Ordinance, and to provide that the effective date shall be the date of enactment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORI DA: Section 1. Section 3-1803, Code of Ordinances, is amended to read: Section 3-1803. Prohibited signs. The following types of signs are prohibited: * * * * * B. Balloons, cold air inflatable~, streamers, and pennants, except as allowed in Section 3-1805(V) 'Nhere 3110wed 3S governmental 3nd public purpose signs f.or speci31 events of Iimitod time 3nd frequency, 3S :Jpproved by the city m3n:Jger or the city commission. * * * * * Planning Department\Community Development Code/2002 Code - 2- Amendments\Signs and Procedures\Clearwater Ordinance No, 6997-02 (Signs),doc I. Sandwich board signs, except in the Downtown District as provided in Section 3-1805(U). * * * * * L. Signs located on publicly owned land or easements or inside street rights-of-way, except (a) as allowed in section 3-1805(W) ~ required or erectod by pormission of the city m::magor or city commission, fQ.l signs Of!l transit shelters erected pursuant to section 3-2203 and permitted pursuant to section 3-1806(8)(4), and !f2 sandwich board signs to the extent permitted in the downtown district pursuant to section 3-1805(U). Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. * * * * * Section 2. Section 3-1805, Code of Ordinances, is amended to read: Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: * * * * * C. Temporary signs. * * * * * 2. Other temporary special event and/or public purpose signs of a temporary nature may be :::lpprovod on a case by caso b:::lsis. Tho typo of sign, sizo, dosign and length of display shall be determined by the shall be approved by the community development coordinator if the siqns meet the followinq criteria: (a) the siqns are temporary siqns for a limited time and frequency. (b) the siqns are for a special event or a public purpose of a temporary nature. (c) the siqns do not exceed the maximum heiqht and size requirements for freestandinq siqns under the code. (d) the display of temporary siqns for a special event shall not beqin any earlier than two calendar days before the event and shall be removed within one business day after the event. and (e) the siqns. if temporary for a limited time and frequency. will meet the followinq purposes of Division 3. to wit: (1) the siqns will not conceal or obstruct adiacent land uses or siqns rsection 3-1802(F)1. (2) the Planning Department\Community Development Code/2002 Code -3- Amendments\Signs and Procedures\Clearwater Ordinance No, 6997-02 (Signs),doc sions will not conflict with the principal permitted use of the site or adioininq sites [section 3-1802(J)1. (3) the siqns will not interfere with. obstruct vision of or distract motorists. bicyclists or pedestrians [section 3-1802(K)1. and (4) the siqns will be installed and maintained in a safe manner [section 3-1802(L)1. Consistent with the oeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaoe contained (Le.. the viewpoint expressed) on such siqns. The community development coordinator shall render a decision within 10 days after an application is made for such siqns. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the riqht to appeal the decision to the community development board pursuant to Section 4-501 (A). U. In the Downtown District. one sandwich board sion for each licensed business. but no more than two per lot. V. The followino sion type "Balloons. cold air inflatables. streamers. and pennants" shall be allowed as oovernmental and public purpose siqns if the city manaoer finds that the siqn type meets the followino criteria: (1) the sion type is for a special event. (2) the special event is for a limited time. (3) the special event is for a limited frequency. and (4) the siqn type. if allowed for a limited time and frequency. will meet the followinq purposes of Division 3. to wit: (a) the sions will not conceal or obstruct adiacent land uses or siqns (section 3-1802. F). (b) the sions will not conflict with the principal permitted use of the site or adioininq sites [section 3- 1802(J)1. (c) the sions will not interfere with. obstruct vision of or distract motorists. bicyclists or pedestrians [section 3-1802(K)1, and (d) the sions will be installed and maintained in a safe manner [section 3-1802(L)1. Consistent with the oeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaoe contained (Le.. the viewpoint expressed) on any such sion. The city manaoer shall render a decision within 10 days after an application is made for utilizino this sion type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the rioht to appeal the decision to the community development board pursuant to Section 4-501 (A). W. A siqn on publicly owned land or easements or inside street riohts- of-way shall be allowed if the city manaoer finds that the siqn meets the followino criteria: (1) the sion provides notice to the public of a public meetino or other public event. (2) the sion is temporary and for a limited time. and (3) the siqn. if allowed for a Planning Department\Community Development Codel2002 Code -4- Amendments\Signs and Procedures\Clearwater Ordinance No, 6997-02 (Signs),doc limited time. will meet the followinq purposes of Division 3. to wit: (a) the siqn will not conceal or obstruct adjacent land uses or siqns rsection 3-1802(F)1. (b) the siqn will not conflict with the principal permitted use of the site or adjoininq sites rsection 3-1802(J)1. (c) the siqn will not interfere with or obstruct the vision of motorists. bicyclists or pedestrians rsection 3-1802(K)1. and (d) the siqn will be installed and maintained in a safe manner rsection 3-1802(L)1. Consistent with the qeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaqe contained (Le.. the viewpoint expressed) on such siqn. The city manaqer shall render a decision within 10 days after an application is made for utilizinq such a temporary siqn on public property. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the riqht to appeal the decision to the community development board pursuant to Section 4-501 (A). Section 3. Section 3-1806, Code of Ordinances, is amended to read: Section 3-1806. Permitted signs requiring development review. * * * * * B. Non-residential. * * * * * 5. A Gfhangeable copy signs provided it meets the followinq criteria: f92 it is located on public property and (b) it serves sorving a significant public purpose. and (c) the siqn type will meet the followinq purposes of Division 3. to wit: (1) the siqn will not conceal or obstruct adiacent land uses or siqns rsection 3-1802(F)1. (2) the siqn will not conflict with the principal permitted use of the site or adjoininq sites rsection 3-1802(J)l. (3) the siqn will not interfere with or obstruct the vision of motorists. bicyclists or pedestrians rsection 3-1802(K)1. and (4) the siqn will be installed and maintained in a safe manner rsection 3-1802(L)1. Consistent with the qeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaqe contained (Le.. the viewpoint expressed) on such siqn. Section 4. Section 8-102, Code of Ordinances, is amended to read: Section 8-102. Definitions. For the purposes of this development code, the following words and terms have the meanings specified herein: Planning Department\Community Development Code/2002 Code -5- Amendments\Signs and Procedures\Clearwater Ordinance No, 6997-02 (Signs),doc * * * * * Sian, public purpose shall mean a sion providina notice to an event, oatherina, assembly or other meetino that is open to the public at laroe. Section 5. Section 3-1807.B. Permitted Signage is hereby amended as follows: B. Permitted signage. 1. Signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in Section 3-1807.C. Monument signs, permitted pursuant to Section 3-1806.8.1.g :.md Section 3 1806.8.2 shall not be eligible for comprehensive sign program. A comprehensive sign program shall be approved as part of a Level One or Level Two approval, as the case may be. Prohibited signs in Section 3-1803 are not eligible for a comprehensive sign program. Section 6. Section 3-1807.C. Flexibility Criteria is hereby amended as follows: 2. The height of all freestanding signs proposed through the comprehensive sign program shall relate to the design of the sign and shall not exceed 14 feet in height. except in the D and T Districts, the heiqht shall not exceed 6 feet in heioht. Section 7. Section 3-1807.C Total Area of Sign Faces is hereby amended as follows: 4. Height, Area, Number and Location of Signs. The height, area, number and location of signs permitted through the Comprehensive Sign Program shall be determined by the Community Development Coordinator based on the following criteria: overall size of site, relationship between the building setback and sign location, frontage, access and visibility to the site, intended traffic circulation pattern, hierarchy of signage, scale and use of the project, consistency with Beach by Desiqn, Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan for the development parcel/project. Additionally, the maximum permitted sign area shall be based on the following formula when evaluated against the above criteria: Planning Department\Community Development Code/2002 Code -6- Amendments\Signs and Procedures\Clearwater Ordinance No, 6997-02 (Signs),doc Section 8. Should any part of this ordinance be declared invalid by any court, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared invalid, and for that reason this ordinance is declared severable. Section 9. This ordinance shall become effective on passage. PASSED ON FIRST READING June 20, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED July 18, 2002 Brian J. Aungst Mayor-Commis Approved as to form: Attest: Leslie K. Dougall-Sid Assistant City Attorney jr .'-- ~ Planning Department\Community Development Code/2002 Code -7- Amendments\Signs and Procedures\Clearwater Ordinance No, 6997.02 (Signs).doc